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Other response

· posted by ERICKIA---Legal Risks response

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Healthcare Contracts

            Many practitioners in healthcare enter into working contracts without seeking legal advice. These practitioners fail to seek legal counsel to avoid expenses, but the move is risky, in legal terms (Portman, 2007). Therefore, practitioners must understand that the potential employer sought legal advice to draft the contract; hence, they should seek the same services for appropriate interpretation. Notably, risk is inevitable in any business setting. What happens when a potential employer goes out of business what will cover for such a malpractice? Similarly, the employee under contract may experience harassment. Although contracts cannot eliminate legal risks, they can help in legal proceedings to achieve fair allocation of effects of the legal risks (Sanbar, & American College of Legal Medicine, 2004).

            A valid contract must have the names of the involved parties, including their signatures. In addition, the term section, and the termination section must be clear. The section will provide the termination date of the contract. Similarly, the contract must outline the duties of both parties bound by the contract. Such is important because some employers might add other duties to the practitioner, or remove some of their duties, which can generate much conflict. The contract must also reflect the compensation, and the compensation approach (Sanbar, & American College of Legal Medicine, 2004).

Another important element is the incentives. The practitioner must review the section carefully to ensure that the health and federal law permits for such incentives. When working under contracts, both the physician and the employer might experience instances that undermine the signed agreement. Although most issues are always legal, some cases generate ethical concerns (Portman, 2007). Therefore, to maintain the required ethical standard, it is proper for the two parties to keep their end of the deal. Obeying or working under the stipulated contract will avoid potential ethical issues, which may arise due to conflicts.

 

References

Portman, R. M. (2007). Exclusive contracts in the hospital setting: A two edged sword, part 1 legal issues. J Am Coll Radiol, 4(6), 401-405.

Sanbar, S. S., & American College of Legal Medicine. (2004). Legal medicine. St. Louis: Mosby

Chapter 5 Ethics in Health Administration

· posted by RICHARD

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Morrison (2011) speaks to the importance of treating the competence of health care workers as an ethical mandate for health care organizations.  Employers ensure their staff's competency in a number of ways.  First, applicants should be rigorously and fairly screened and interviewed.  Sometimes testing can be valuable for screening applicants.  Then, for employees that require licensing (doctors, nurses, etc.), the Joint Commission requires the organization to validate the license from the primary source - for example, by going directly to the state licensing board to validate the license rather than just accepting a copy of the license from the job applicant.  Secondly, organizations must determine what training is inherent in the new employee's license versus that which must be validated through training and competency checks such as return demonstrations of a particular skill.  Further, the organization should determine which skill competencies can be checked off once in the employee's career versus those that should be checked off periodically, such as CPR training.  Ric

 

Reference:

Morrison, E. E. (2011). Ethics in health administration: A practical approach for decision makers (2nd ed.). Retrieved from The University of Phoenix eBook Collection database.