Health Care Law Mid T
Test Content
Respond to the following questions in -depth using paragraph form. Paragraphs must be at least 5-7 sentences.
1. Dr. Webber joined the Gelder Medical Group, which was a medical partnership. Part of the agreement was that if for any reason his association with the group ended, he would not practice medicine for five years within 30 miles of the Village of Sidney, where the partnership was located. The agreement also provided that any member could be required to withdraw from the partnership upon a majority vote of the other members. Dr. Webber’s work with the group turned out to be unsatisfactory to his partners, who felt he was an embarrassment to the group. Dr. Webber refused to withdraw from the association after he was terminated by the other physicians. Two months later, despite his earlier agreement, Dr. Webber opened a medical office in Sidney. The partnership brought suit to prevent him from carrying on his practice. Could they do this successfully?
2. Plaintiff Raymond Vadnais alleged that, in 1986, he visited [a physician] at Beth Israel Hospital’s ear, nose, and throat clinic complaining of ear pain. After antibiotics failed to relieve the pain, [the physician] recommended surgery. However, after [the physician] learned that the plaintiff was infected with HIV, he refused to perform the operation. Should the physician be required to perform the operation?
3. Can federal agencies make their own rules and prosecute those who violate the rules?
4. A patient who has not paid a bill has come to the emergency room for medical treatment. While there, a medical assistant notices a large amount of money in her purse. The medical assistant tells the security guard. The guard stands at the patient’s room and refuses to let her leave until she pays some money toward her bill. Can the patient file charges against the hospital? If so, what will the proper complaint read?
Sample Solution
Yes, the partnership can successfully bring suit to prevent Dr. Webber from carrying on his practice. This is because he had previously signed an agreement with the Gelder Medical Group which prohibited him from practicing medicine for five years within 30 miles of Sidney if his association with the group ended (Gelder Medical Group, 2021). Furthermore this agreement provided that any member could be required to withdraw from the partnership upon a majority vote of the other members (Gelder Medical Group, 2021). In this case Dr. Webber was terminated by the other physicians yet refused to do so thus violating terms of their contract and creating a breach of contract claim against him.
Moreover, as per section 16054(d) in California’s Business & Professions Code which states “a person shall not practice or attempt to practice a profession for which he or she has been denied licensure” suggests that even under normal circumstances it is against the law for someone who does not hold necessary licensing to undertake professional activities such as providing medical services (California Law Information Center, 2021). Therefore in Dr. Webber’s case he can be held liable for misconduct since his actions were in direct violation of both contractual obligations outlined in his initial agreement and legal regulations set out by state authorities.
In conclusion, based on these facts, it is likely that Gelder Medical Group will have success with their lawsuit since Dr. Weber’s actions have violated contractual provisions and state laws governing professional activity leading to damages incurred by them due to lost opportunities or reduced goodwill caused by his misconduct.
