Physician Responsibilities and A Breach of Contract Research Paper

Physician Responsibilities and A Breach of Contract - Research Paper Example The physician should also offer the patient with resources to help find another physician. Pozgar (2011) argues the physician should, with the written consent of the patient, transfer patient records to the new physician. The administrator of the hospital should give details on the legal boundaries of the physician-patient relationship. The patient should, for instance, be made aware that the contract between them and the physician is a fiduciary one, not financial. Similarly, the administrator should ensure that the physician explains the difference between patient abandonment and legal contract termination to the patient. In most cases, strict liability applies to product manufacturers whose products cause harm to patients but not to hospitals and physicians who use these products on patients. However, in some cases a physician may be liable to legal action if they use drugs, radiations, medical devices, and conduct blood transfusions using faulty products (Miller, 2008). 3a. Why it is easier for a patient to prove breach of contract as opposed to negligence, when a physician covering for the patient’s regular physician gives the patient medication that causes severe reaction In case a patient suffers damage at the hands of a physician who is covering for the patient’s regular physician, it is hard to press for negligence charges since it cannot be proven that the physician failed to provide the necessary care due to recklessness or heedlessness. According to Miller (2008) a patient who suffers damage because of malpractice on the part of the covering physician can file a case for breach of contract. This is particularly the case when the regular physician fails to give enough reason for failing to attend to the patient. The contract between a patient and a physician may be breached if the physician promises to use a specific procedure but