healthcare

healthcare Order Description   Page 1 one paragraph explaining nomore than two paragraphs. 1. A patient comes to an emergency room complaining of hip pain. The ER physician conducts an examination and orders X-rays as part of that exam. The attending radiologist is a physician who works for Acme X-ray. Acme X-ray is a contractor that provides radiology services to hospital emergency rooms. The hospital pays Acme and Acme pays the MDs. The hospital gives all control to Acme related to Radiology in the emergency room. An Acme radiologist reviews the films and misses a hairline hip fracture. The ER physician based upon the radiologist report discharges the patients with Advil for pain. One week later the patient goes to another ER and the hairline fracture is picked up. The patient has hip surgery. While in recovery, the patient hires an attorney who sues the radiologist and the hospital based upon Respondeat Superior. Is the hospital liable? 2. Respond to this whether its you agree disagree or just any comment. I believe that the hospital is indeed liable because they are the ones who made a contract with Acme and they should have made sure that these radiologists were well trained and experienced. According to Pozgar (2014), "respondeat superior is a legal doctrine holding employers liable, in certain cases, for the wrongful acts of their agents (employees), (p.120). Although the employee is somewhat responsible, he or she may not be in the position financially to pay for the lawsuit, however, the hospital is in a better position to pay. In 'Respondeat Superior,' the employer and the employee are named in the lawsuit and as Pozgar states " the employer is generally in a better financial condition to cover the judgment,". 3. Also Respond to this whether its you agree disagree or just any comment. In this scenario, I do believe the hospital is reliable. I say this because , the hospital is the one who hired the MD, and also Acme. The hospital takes blame because they entrusted their patients to these individuals. The MD also takes blame because the patient was under their care the whole time. If for some reason, the X-ray did not pick up anything and the patient was still complaining about pain, the MD should have requested another X-ray at different angles to double check and make sure. Ultimately, because the service was provided at the hospital , and through workers hired by the hospital, the hospital is liable. If I were the attorney defending this hospital, I would do much research before attempting to make my case. The things I would look for are , who exactly ran the x- ray, was there a second opinion, Did they take more than one, did they switch angles. I would also see how much experience both the MD and radiologist has. A couple sentences each response ----------------------------------------------------------------------------------------------------   Page 2.   Think back to your readings related to contracts; also consider the concept of Patient Responsibilites (see text as needed). 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. Consider the elements of the contract, where does the breach of contract occur that supports the MD's decision to terminate the contract? Is the physician's decision ethical? You are to comment on both the legal and ethical question. You are to make two comments on your classmates’ opinions and restrict your comments to the legal and ethical question. *****Be sure to consider the possible ethical questions in your response****** Respond 1 The physician was both legally and ethically in the right. The MD was not discriminating the patient based on age, sex, color, religion, national origin, or sexual orientation. The part where I would question ethically would simply be the non-compliance from the MD, and the patient not being clearly explained the situation, while their condition deteriorates. The physician’s office could have referred the patient to another physician who would have been willing to work with the patient. The breach of contract would definitely be on the patient’s behalf, patient’s responsibilities calls for them to “understand instructions”, insinuating the need to follow those instructions as well. Instead of the patient not following the plan of care, they could have consulted a different physician, or spoken to the MD about this plan of care. In conclusion the patient refusing to follow the plan of care, they agreed on with the physician is breaking the implied contract.   2. Respond 2 The MD and the patient was in an implied contract with one providing care and the other receiving care. As in an implied contract, either can terminate the relationship, the MD did just that because the patient was noncompliant with the medication regimen. The breach of contract that supports the MD's decision to terminate the contract occurred when the patient refused to follow the medical directions of the MD. In this case she breached the contract because she failed to perform as specified in the contract because she did not adhere to the prescribed regimen. The physician decision was both ethical and unethical meaning that it was ethical to end the contract because it could be terminated by any of the parties involved and he did so because he did not see the necessity in caring for someone who failed to adhere to his treatment plans. On the other hand, it was unethical when the patient called in to speak with him when she was feeling ill and he refused to speak to her. This is unethical because as a doctor he vowed to treat patients and not to refuse to care for patients. If he did not want to care for her anymore at least offer some advice or refer her to another physician for care. A couples sentences to each response