preview

Hospital Contract Law Essay

Decent Essays

1. What should parties to a contract be aware of when negotiating exclusive contracts?
Parties negotiating exclusive contracts should be aware of that scope of services, compensation structure, and termination issues. It's vital for the contract to clearly and concisely detail the full services that will be exclusively provided by the parties in the contract. The scope of services should be broadly defined including all current and future services that are required in the contract.
The medical group that is involved in the negotiations should ensure that it has the resources capable of performing the services required under the contract. To protect the medical group's exclusivity in regard to its of expertise and specialty, the medical group should consider negotiating with the hospital for …show more content…

If the medical group requires stipends to ensure that it is sufficiently compensated for services provided, this must be put into the contract.
Termination issues are necessary areas of concern because it must be clearly determined if the contract will automatically renew or simply end, which would require the medical group to renegotiate the contract at the end of each term. It also must be clearly defined in the negotiating process how both parties to the contract will be able to terminate the contract as the two provisions of without-cause and for-cause have different rules and guidelines.
2. What remedies available when one party breaches a contract by refusing to perform an agreed-upon service?
One of the remedies that can be claimed when the court rules in favor of the damaged party and puts them back into the same financial position that they would have been in had the contract been properly performed. If damages are not permitted for the particular contract, equitable remedies may be

Get Access