Assignment 1: Law and Health Care System Administration



Assignment 1: Law and Health Care System Administration

Introduction

Health care administration is considered to be on of the most difficult and challenging professions existing today. There are a multitude of challenges faced by practitioners and administrators, such as the increasing cost of health care, issues regarding patient safety and quality of care, as well as dealing with the negative image of insuring organizations. In addition, the institution or organization in question has to ensure that the quality of care is adequate and meets standards, as they face a much more varied client/patient makeup.Not only does this refer to the increasing racial and ethnic diversity (many patients with diverse backgrounds may not be able to speak English effectively) but also to the changing socio-economic makeup of the population. In addition, minorities and immigrants have more trouble accessing public healthcare facilities, and thus give a negative perception of health care organizations, even though it is likely that these clusters may not possess adequate medical coverage. From an administrative point of view, there also exists the possibility of bias from the practitioners practice. Thus, at many times, institutions can be targeted due to the stereotypes held by their practicing representatives. Even though high requirements of code of conduct exist with regards to the quality of care being metted out, various situations and factor may give way to breach of contract, breach of warranty, or clinical negligence claims which effect institutions and patients alike.

Thus, this article seeks to address causes and background of warranty and contract breaches, in addition to explaining clinical negligence and the role of a healthcare organization's board of governors.

The Case of Healthcare Law

Breach of Contract

A contract between two parties occurs when one party makes an offer and the second party accepts it, with a defined mutual benefit. Contracts are brought to an end either by successful completion, mutual termination, withdrawal by one party to the agreement, or breach of terms.

In terms of healthcare, this agreement is generally drawn between a medical practitioner or other healthcare provider, and the patient.

In simpler terms, a healthcare provider agrees to give treatment and the patient agrees to pay for it, either in private mode or by way of an insurance policy.

In general course of law, when medical treatment is provided in an erroneous manner or inadequately causing financial loss to the patient, it is considered a breach of terms. In addition, if the medical treatment provided does not comply with standards or terms of the contract, whether it be implied or explicit, it is also considered a breach. It must be noted, however, that the timeline for filing a claim in such a situation has to be within a six year time period from point of breach.

Breach of Warranty

When a healthcare provided commits to, or guarantees, the fulfillment of certain conditions in the course of treatment, it is considered a warranty. In the same manner as breach of contract, the non-satisfaction of those conditions specified, whether ...