CONTRACTUAL RELATOINSHIP OF ORGANIZATIONS AND STAFF

CONTRACTUAL RELATOINSHIP OF ORGANIZATIONS AND STAFF

THE LEGAL AND ETHICAL ISSUES OF PHYSICIANS

WALDEN UNIVERSITY

 

 

 

Introduction

A doctor contracted to a hospital has a legal and ethical responsibility to the hospital and to the patients who uses his services. However, in situations where a doctor is not an employee of the hospital he may legal issue all on his own. In this case, it appears that the doctor – having “privileges” at the hospital – may simply be an independent contractor. According to Pozgar (2014), an independent contractor may assume employment without being directly controlled by anyone. Being an independent contractor, however, does not ward issues of ethics and legality from a hospital where the services are provided.

Legal Aspect

                        Circumstantial Liability for the Hospital

Physicians are expected to be in a state of good health and well-being. Nevertheless, they are human beings and not immune to life’s challenges and struggles – personal and professional. A hospital is at great risk for maintaining employment to a contract of some sort to a physician that could be incompetent. As mentioned in the text, independent contractor or employees can have their privileges terminated if company bylaws are broken (Pozgar, 2014). On the other hand, a hospital can be liable for an independent contractor if the organization is perceived as the medical provider. A foreseeable act of negligence is ar stake in this case and must be addressed.

Authority of the Hospital

In this situation it is believed that the hospital maintains an expressed

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