Legal Aspects in Healthcare Question The Four Components of a Valid Contract as Applicable To a Contract with a Vendor to Purchase of a New CT Scanner
There are four components that validate a contract, these being: the presence of at least two separate parties. the intent of the contract being legal. the parties being qualified enough to understand and agree to the terms and conditions of the contract. as well as the parties receiving consideration from the agreement (Ghosh and John, 2009).
The presence of at least two parties is fulfilled in the presence of the vendor and the purchaser of the CT scanner. There can be other parties when for instance there is outsourcing. The two parties must also be in mental capacity to understand and appreciate the terms and conditions surrounding the sale and use of the CT scan. For instance, the contract may be annulled if it is determined that the buyer was non compos mentis at the time of entering the contract. The legal intent of selling the CT scan is fulfilled in it being bought to serve its rightful purpose, such as carrying out diagnoses or archaeological investigations.
Finally, the contract is sealed in the relevant parties receiving value from the agreement. It is obvious that the vendor will get his money for the CT scan, from the buyer on one hand. On the other hand, the buyer expects the CT scan to work well, thereby helping him meet his objectives.
Other Possible Elements to Include In the Contract and How to Ensure the Contract Remains Valid
Apart from the four components, it would help greatly to insist on the token of the contract, which is the permit. The gravity behind this is that it is in the permit where the terms and conditions of the contract are enshrined. Terms of guarantee are divulged here, apart from the permit just showing legitimate possession. This is serious since in the absence of a permit, if the CT scan stalls after a week, the buyer may not be guaranteed of any reimbursement or free repairs.
Question 2: The Patient Running Away To Score Cocaine in the Street
In this case, the patient through his absence undermines the capacity of the hospital to fulfill its obligation in the contract. The time-specific aspect of the contract is also undermined by the patient’s absence. Nevertheless, it cannot be aptly said that the patient’s voluntary and informed absence amounts to a contravention of the part of the contract, since he is acting out of an illness. Addiction is an illness that should have warranted more specialized attention from the healthcare institution. On the contrary, the healthcare institution is the entity that is liable since part of the patient-hospital contract is good care. The patient being away for four hours means clearly that the hospital is not taking good care of its patients, if at all (Becker, 2012).
Corrective Measures to Make As a Hospital Administrator in This Situation
The fact that the patient disconnected himself from the telemetry and left the hospital for four hours indicates several logistical, therapeutic and professional problems in the healthcare institution. Nevertheless, this problem of patient absenteeism can be solved by understanding the nature of the problem. Seeing that the problem is well known as cocaine addiction, nurses and doctors are to be mobilized to help the patient whenever the urge for cocaine kicks in.
Secondly, it will be important to thoroughly develop entry and exit policies. This will involve: having inpatients submit all their belongings and cash to hospital administration. making it compulsory for inpatients to put on hospital apparel. and beefing security at exit and entry points.
It would also be necessary to strengthen meaningful engagement between the administration, physicians, and nurses on one hand and the patient on the other hand. The administration will for instance collect details on the patient’s history with drugs while caregivers will provide attention according to details on this history.
It is also helpful if days in the healthcare institution are well structured. This may entail increasing the frequency of making roll calls and assigning specific nurses to particular patients. Finally, the importance of engaging key stakeholders will definitely pay in warding off this incident from recurring. This may portend: giving stern warning to security details about letting people in hospital uniform to go outside the hospital’s precincts. having the patron frequently scrutinize the nurses’ roll calls. and bolstering communication between the hospital’s administration and caregivers.
Becker, C. A. (2012). TN Hospitals Laying Foundation for Continuously Improving Care. AHA News, 48 (4): 4-5.
Ghosh, M. &. John, G. (2009). When Should Original Equipment Manufacturers Use Branded Component Contracts with Suppliers? Journal of Marketing Research (JMR), 46 (5): 597-611.