U.S. Health Care Legal Aspects

U.S.Health Care: Legal Aspects

U.S.Health Care: Legal Aspects

Question1: Contract performance

Contractperformance is a concept used in the health care settings to refer tocontractual terms that are agreed upon by the health care facilityand an external vendor. This type of contract exists when a healthcare facility decides to subcontract part of all functions of a givenunit to an independent vendor (Experian Information Solution, 2016).For example, a health care facility may subcontract itspharmaceutical services to a vendor, by setting the terms of serviceand performance standards that the vendor should meet. Anenforceable contract defines the criteria for assessing failure orsuccess, method of gathering data for assessing performance, and theconsequences of failure or success. Defenses to non-performance mayinclude a contract based on fraud, material mistakes, illegalcontract, impossibility, or the statute of limitation. Under allthese circumstances, the health care facility cannot claim damages.

Question2: Civil procedures in health care laws

Civilprocedure refers to laws that describe the private responsibilitiesas well as the rights of individuals. These laws deal with civilcases as opposed to criminal ones. They can be applied in differentmeasures in the healthcare settings, including contract and tortcases (Pozgar, 2012). The two examples in which civil procedures canbe applied include cases of medical malpractices and breach ofcontract. Cases of medical malpractice may occur when a patientsuffers injuries or receives substandard services after being servedby a provider who breaches the accepted standards. Cases of breach ofcontract arise when patients sue providers who fail to deliverservices that meet the standards specified in a given contract.However, plaintiffs are required to present a proof of warranty tothe court.

References

ExperianInformation Solution (2016). Contract manager and contract analysisfor hospitals and health systems. EIS.Retrieved January 29, 2016, fromhttp://www.experian.com/healthcare/healthcare-contract.html

Pozgar,G. (2012). Legalaspects of health care administration (11 ed.).Sudbury, MA: Jones and Bartlett.

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