hsha 434 chap 678

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Texas Southern University *

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434

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Accounting

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May 1, 2024

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Alexander, Taraneisha HSHA-434-OP1 September 30, 2023 October 1, 2023 Chapter 6,7,8 Questions 1. What is a contract? A special agreement, written or oral, that involves legally binding obligations between two or more parties. 2. Describe differences between express &implied contract. Expressed contracts are oral and written. 3. What are the elements of a contract?  Offer  Consideration– Adequacy  Acceptance - Meeting of the Minds, Definite & Complete, Duration,Complete and Conforming 4. Discuss remedies available for nonperformance of a contract.  Fraud - A victim of fraud will not have to perform under a contract.  Mistakes–  Mistake of Fact– an incorrect belief regarding a fact. Both parties must have made the mistake.  Mistake of Law - an incorrect judgment of the legal consequences of known facts. If the parties to a suit make a mistake as to the law involved, they usually must accept their plight without any remedy.  Duress - the use of unlawful threats or pressure to force an individual to act against his or her will. An act performed under duress is not legally binding.  Illegal Contract - contract whose formation, object, or performance is against the law or contrary to public policy that no court would uphold or enforce. No individual can recover damages when a contract is formed for illegal purposes.  Impossibility - Contracts can become impossible to perform because (1) certain facts might have existed at the time the contract was executed or (2) they might have arisen subsequent to the formation of the contract. Contracts that are impossible to perform do not have to be carried out by the parties to a contract.  Statute of Limitations - A party to a contract who does not, within a period of time known as the statute of limitations, take action to enforce contract rights by suing for damages caused by a breach of the contract or taking other action can be barred from doing so.

5. Discuss importance of disclaimers in employee handbooks. The purpose is to protect the employer from claims that an employee's job was considered permanent. 6. Discuss why courts often consider medical staff bylaws a contract. It thus contained the essential elements of a binding contract: the promise of employment on stated terms and conditions by the employer and the promise by the employee to continue employment under those conditions. The court noted that a promise for a promise, or the exchange of promises, constitutes consideration to support any contract of this bilateral nature. 7. Explain why exclusive contracts are so controversial. Exclusive contracts in healthcare, particularly in departments like radiology, anesthesiology, pathology, and emergency services, have been a subject of controversy due to their potential implications for competition and access to care. These contracts grant specific physicians or medical groups exclusive rights to provide certain services within an organization. 8. What is an insurance contract? Form of risk management used primarily to hedge against risk of potential loss. 1.Describe trial process, including pretrial motions& the functions of the judge, jury, & attorneys. Pre-Trial Motions  Motion to Dismiss a case– Defendant alleges plaintiff‘s complaint does notset forth a claim or cause of action recognized by law  Motion for Summary Judgment– Either party to a suit may believe that there areno triable issues of fact & only issues of law tobe decided.– In such event, either party may make a motion for summary judgment.  Pre-Trial Conference  Notice of Trial  Memorandum of Law  Judge - Handles conduct of trial• Decides questions of law• Determines issues of procedure• Decides if evidence admissible• Charges the jury• May direct a verdict  Jury - Selected from jury list• Determines issues of fact• Determines damages 2. Describe the kinds of evidence that a plaintiff can present in order to establish a negligent act. Violation of a statute can constitute direct evidence of negligence, or it simply can voice a duty that is owed to a 99 particular class of persons who are protected by the statute or regulation. 3. What defenses can a defendant present in order to refute a plaintiff's evidence?

 Assumption of a Risk  Comparative Negligence 4. How does statute of limitations favor defendants? The statute of limitations favors defendants primarily by imposing time constraints on when a legal action, such as a malpractice suit or a personal injury claim, can be initiated 5. Describe the differences between nominal, compensatory, hedonic, & punitive damages  Nominal damages are awarded as a mere token in recognition that wrong has been committed when the actual amount of compensation is insignificant.  Compensatory damages are estimated reparation in money for detriment or injury sustained (including loss of earnings, medical costs, and loss of financial support).  Hedonic damages are those damages awarded to compensate an individual for the loss of enjoyment of life. Such damages are awarded because of the failure of compensatory damages to compensate an individual adequately for the pain and suffering that he or she has endured as a result of a negligent wrong.  Punitive damages are additional money awards authorized when an injury is caused by gross carelessness or disregard for the safety of others. 1. Describe the organization, responsibilities, duties, and legal risks of a governing body. Organization: The governing body is typically composed of individuals who represent both the community and the organization's medical staff. This diversity ensures a comprehensive perspective on healthcare management and decision-making. The governing body often conducts its business through various committees, each with specific roles and responsibilities. Responsibilities and Duties: Executive Committee: This committee functions as a working group of the governing body and has delegated authority to act on behalf of the full board when it's not in session. Its responsibilities include serving as a liaison between management and the full board, reviewing and making recommendations on management proposals, and handling special assignments delegated by the board. Bylaws Committee: Responsible for reviewing and recommending changes to the organization's bylaws to the governing body. Bylaws changes are typically subject to approval by a majority vote of the governing body. Finance Committee: Tasked with overseeing the financial affairs of the organization, preparing financial statements, operating budgets, and major capital requests. This committee makes financial recommendations to the governing body, and actions taken by the finance committee require approval by the governing body.

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