Legal Issues in Healthcare


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Legal Issues in Healthcare


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Below is a scenario: Think back to contracts; also consider the concept of Patient Responsibilites. The relation between a physician and patient is an implied contract and either party may terminate the relationship. The physician must comply by certain rules – he or she cannot discriminate based upon race, color religion, national origin or sexual orientation, or any other basis that could be considered discrimination. A physician decides to terminate a relationship with a patient because the patient does not follow the physician’s plan of care; when the patients condition becomes acute, the patient calls the office frequently with complaints and request to speak with the MD. The patient has a chronic disease and the patient’s condition deteriorates because of non-compliance with the MD’s prescribed treatment plan. 1) Consider the elements of the contract, where does the breach of contract occur that supports the MD’s decision to terminate the contract? 2) Is the physician’s decision ethical? Please comment on both the legal and ethical of the question.