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Legal Decisions In Healthcare

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Health & Medical
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Florida International University
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Running head: LEGAL DECISIONS IN HEALTHCARE 1
Legal Decisions in Healthcare
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LEGAL DECISIONS IN HEALTHCARE 2
Legal decisions in healthcare
Issue: Was the language, “mutually acceptable,” ambiguous in the employment contract
between the hospital and Dutta?
The case of Dutta v. St Francis Reg’l Med. Ctr. is a lawsuit of breach of contract. As
described by Pozgar (2019), Dutta has sued the hospital for allowing Dr. Tan exclusive
privileges in radiology oncology and sidelining Dutta. Dutta argues that the hospital was
obliged to hire a medical director who was mutually acceptable to her and the hospital. The
language of the contract is thus ambiguous. The ambiguity of this contract lies in the use of
the term “mutually acceptable.” The following paragraphs provide reasons why the language
is considered as ambiguous.
The language of contracts should be clear. As explained by Levmore (2010), any
language that requires reference to the statutory construction rules for interpretation is deemed
as ambiguous. In this case, the general rule of statutory construction provides that statutory
language is used in its ordinary or plain meaning. For statements to satisfy this requirement,
they should not have more than one interpretation. On one side, the use of the term “mutually
acceptable” gave Dutta contractual rights to raise a cause for breach of contract and
particularly in the sense that her a due process was not followed before her termination. This
means that her privileges were violated. On the other hand, the same contract could mean that
the hospital was not violating Dutta’s privileges by denying her the use of their equipment. As
Dellon (2000) argues, by-laws of medical hospitals provide these facilities with the privileges
of excluding physicians from practicing. In other words, it could still be argued that the
hospital had the right to terminate Dutta’s contract without necessarily violating the
provisions of the contract.
The use of “mutually acceptable” raises latent ambiguity in the interpretation of the
case. On one side, it could mean that the person who was to be hired as a medical director was

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Running head: LEGAL DECISIONS IN HEALTHCARE Legal Decisions in Healthcare Names Institution 1 LEGAL DECISIONS IN HEALTHCARE Legal decisions in healthcare Issue: Was the language, “mutually acceptable,” ambiguous in the employment contract between the hospital and Dutta? The case of Dutta v. St Francis Reg’l Med. Ctr. is a lawsuit of breach of contract. As described by Pozgar (2019), Dutta has sued the hospital for allowing Dr. Tan exclusive privileges in radiology oncology and sidelining Dutta. Dutta argues that the hospital was obliged to hire a medical director who was mutually acceptable to her and the hospital. The language of the contract is thus ambiguous. The ambiguity of this contract lies in the use of the term “mutually acceptable.” The following paragraphs provide reasons why the language is considered as ambiguous. The language of contracts should be clear. As explained by Levmore (2010), any language that requires reference to the statutory construction rules for interpretation is deemed as ambiguous. In this case, the general rule of statutory construction provides that statutory language is used in its ordinary or plain meaning. For statements to satisf ...
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Very useful material for studying!

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