Physician-Patient and Hospital-Patient Relationships
The importance of the physician-patient and hospital-patient relationships
There exists a quite recommendable potential in the alliance between a patient and a physician. A patient, who puts trust in the care of a physician, establishes moral responsibilities that are weighty and definite. When the patient and the physician work together, the possibility of pursuing intervention comes into place, and the health and quality life of the patient is bound to improve. Trust is very essential and critical in the bond between the patient and the physician in the process of diagnosis and therapy.
How contract principle and breach of warranty apply to the health care setting
In the healthcare setting, legal responsibilities to break discretion may result in difficult choices. The physician has the ethical responsibility of following the law but must know how to scale this with the responsibility to the patient. It is very important to between the confidence of the patient and the responsibility of the physician to the public individuals at risk (Mengel, Holleman, & Fields, 2007).
Four (4) elements of proof necessary for a plaintiff to prove negligence
In order for a patient to recover from damage in the care of a doctor, they are supposed to provide proof all the four aspects of medical negligence relating to duty, breach of duty, cause in fact, and proximate cause.
Duty
The impact of some cases of negligence relies on whether or not the defendant owed an obligation to the plaintiff. Such obligations come into place when the rule of law understands the relationship between the plaintiff and the defendant. As a result of this relationship, the defendant has the responsibility of acting in a specified manner to the plaintiff. In most cases, it is a judge and not a jury who...
A defendant breaks such a duty by not exercising sensible care in fulfilling the responsibility. Contrary to the question of whether a duty exists or not, the concern of a defendant breaching the responsibility of caring is decided upon by a jury (Giesen, 2008).
Cause in Fact
Regarding the traditional law relating to cases of negligence, a plaintiff must prove to the law that indeed it is the actions of the defendant that resulted in the injury of the plaintiff. In most cases, this is referred to as 'but-for' causation (Pozgar, 2013).
Proximate Cause
Proximate cause is closely related to the scope of the responsibility of the defendant in a negligence case. A case of negligence is only accountable for the damages caused by the actions of the plaintiff. In a case where the defendant has caused damage outside the responsibility scope, it becomes very difficult for the plaintiff to provide evidence to the court that the actions of the defendant were the proximate cause of the damages of the plaintiff (Lemmens, 2006).
Damages
A plaintiff in a case of negligence must legally prove recognized harm, which in many cases occurs as physical injury to either property or person. The fact that the defendant could not provide reasonable care is not enough (Subotsky, Bewley & Crowe, 2010).
Functions and responsibilities of the governing board of a health care corporation
The governing board of hospitals should be very active in observing quality activities of management. This board is supposed to conjunction with the leadership of hospitals and medical staff. In order…
