Biomedical subjects
Publications and source records attributed to R Decker.
A hospital materials manager reports that when he took over the job, he found several supply contracts with no price included in the terms. He wonders if these contracts are valid. In this dialogue, Dr. Decker discusses the issues raised by "open term" contracts.
A contract for the purchase of hospital equipment provided for shipment free-on-board destination. The equipment arrived via common carrier and was signed for at the unloading dock. When uncrated, concealed damage was discovered and the supplier was notified. The supplier offered to repair the equipment at its expense. The hospital would rather have a replacement unit. The hospital notified the supplier that the equipment was being returned at the supplier's expense. The supplier contended that this couldn't be done as title passed to the hospital upon shipment and that it had been accepted by the hospital when signed for at the unloading dock. In this dialogue, Dr. Decker discusses the legal issues raised in this query from a reader.
A hospital invited bids for building materials for a hospital construction project. A supplier submitted a bid which asked the hospital to sign and return a trade association form contract. The hospital didn't return the form but used the supplier's bid as part of the general contract for the entire project and notified the supplier and the general contractor. Later, the supplier submitted a higher bid for the same material contending that the hospital hadn't accepted the first bid as they hadn't followed the instructions. The hospital materials manager feels that the bid was properly accepted. In this dialogue, Dr. Decker reviews the legal issues involved in the different ways of accepting an offer.
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Explore the source record for details and available documents.
Explore the source record for details and available documents.
Explore the source record for details and available documents.
Current concern over the spread of AIDS prompts a review of the legal issues involved in the hospital's liability for a patient acquiring AIDS from blood transfusions or transplants of human tissue and organs. In this dialogue, Dr. Decker updates a prior article in light of a 1988 court decision relating to AIDS-contaminated blood.
Last month, Dr. Decker analyzed recent court decisions that maintain the standard that providing blood and human tissue is a service, not a sale of goods. Under most conditions, he concluded, hospitals can't be held liable for damages to a patient who acquires an infectious virus from blood transfusions or tissue transplants. This month, Dr. Decker considers the effect of AIDS on rulings dealing with the disclosure of a blood donor's identity. In 1988, the Supreme Court of the United States twice declined to review lower court decisions dealing with the disclosure of the names of blood donors in situations where the recipient had contracted AIDS. The issues are complex and require the balancing of conflicting rights. Further, previous decisions have not been consistent from one state to another. Hospital materials managers must understand the issues involved in the court decisions as they carry out their responsibility to the hospital and its patients to provide the safest possible supply of blood. In this dialogue, Dr. Decker reviews the case law and develops the issues.
A hospital is undergoing extensive renovations, which have produced a large surplus in used medical equipment and furnishings. The hospital wishes to sell or donate these items to other providers of health services, including relief organizations for third-world countries. However, the hospital is concerned that the condition of the equipment might lead to some liability on its part. In this dialogue, Dr. Decker reviews the case law applicable to this type of situation.
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An earlier article ("MMs must be selective in awarding food contracts because of potential liability," HMM July, p.20-1) developed the law concerning the immediate liability of a hospital for food served to patients, employees and the public in the snack bar or cafeteria. That article was concerned mostly with products liability law, but it had some references to liability arising from implied warranties. In this dialogue, Dr. Decker discusses the long-range or continuing liability of the hospital in both situations.
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A hospital has a long-term contract with a supplier for all of the hospital's requirements of certain items at set prices. The contract has three years yet to run. The contract has a clause saying that the supplier will remain price competitive. The hospital's materials manager learns that, by joining a group purchasing association for all of a large number of items, the items covered by the long-term contract can be purchased at better prices. The supplier refuses to release the hospital from the long-term contract. In this dialogue, Dr. Decker discusses the legal issues raised by this situation and makes some suggestions for dealing with the problem.
The hospital had a written annual contract with a supplier for designated goods at set prices to be shipped upon order of the buyer. These orders were generally made by telephone and later confirmed by a purchase order. Near the end of the year, goods were ordered against the contract by telephone and confirmed by a purchase order. The goods were shipped by the supplier after the contract expiration date and billed by a revised price schedule. In this dialogue, Dr. Decker discusses the legal issues arising from this situation.
Explore the source record for details and available documents.
Explore the source record for details and available documents.
Explore the source record for details and available documents.