Discussion 03.2: breach of contract? | HA4050D-Healthcare Law | National American University

 Discussion 03.2: Breach of Contract?

  Read to the Discussion 03.2 Scenario. We will debate the question: 



A patient went to his doctor complaining of stomach pains. The doctor diagnosed the patient with a

bleeding ulcer, recommending surgery. Before the patient agreed to the surgery, the doctor told the

patient, “Don’t worry, Bob, after this you’ll be good as new.” The surgery was unsuccessful.

Although most medical malpractice suits are based on negligence, this plaintiff made a claim for breach

of contract. At trial, the patient argued that the doctor promised to cure him, and did not, so the

contract was breached. The doctor responded that he had only promised to treat the patient, not cure

him, and that there is always a chance that medical interventions will not succeed. He was just trying to

make the patient feel better about this procedure which had the best chance of helping him.

Oral contracts can be perfectly legal and binding. However, remember that any contract (oral or

written) must have both mutual assent and an exchange of consideration. The parties must agree to the

terms and have an exchange of promises or some other consideration to create a legally-binding


(Note: If you would like to see the real case this scenario is based upon, check out Guilmet v. Campbell,

188 N.W.2d 601 (Mich. 1971). Be warned—the scenario has altered the facts from the original case. Do

not rely upon the real case opinion in formulating your answer to the fictional scenario in the discussion



(Answer on the discussion board.)

We will debate the question:

 Did the doctor enter into a legally binding contract to cure this patient (that is, were the

contract formation elements of mutual assent and exchange of consideration met)? There is a

big difference between a legally binding contract and a “mere promise.” Which happened in

this case?

Calculate your paper price
Pages (550 words)
Approximate price: -

Why Work with Us

Top Quality and Well-Researched Papers

We always make sure that writers follow all your instructions precisely. You can choose your academic level: high school, college/university or professional, and we will assign a writer who has a respective degree.

Professional and Experienced Academic Writers

We have a team of professional writers with experience in academic and business writing. Many are native speakers and able to perform any task for which you need help.

Free Unlimited Revisions

If you think we missed something, send your order for a free revision. You have 10 days to submit the order for review after you have received the final document. You can do this yourself after logging into your personal account or by contacting our support.

Prompt Delivery and 100% Money-Back-Guarantee

All papers are always delivered on time. In case we need more time to master your paper, we may contact you regarding the deadline extension. In case you cannot provide us with more time, a 100% refund is guaranteed.

Original & Confidential

We use several writing tools checks to ensure that all documents you receive are free from plagiarism. Our editors carefully review all quotations in the text. We also promise maximum confidentiality in all of our services.

24/7 Customer Support

Our support agents are available 24 hours a day 7 days a week and committed to providing you with the best customer experience. Get in touch whenever you need any assistance.

Try it now!

Calculate the price of your order

Total price:

How it works?

Follow these simple steps to get your paper done

Place your order

Fill in the order form and provide all details of your assignment.

Proceed with the payment

Choose the payment system that suits you most.

Receive the final file

Once your paper is ready, we will email it to you.

Our Services

No need to work on your paper at night. Sleep tight, we will cover your back. We offer all kinds of writing services.


Essay Writing Service

No matter what kind of academic paper you need and how urgent you need it, you are welcome to choose your academic level and the type of your paper at an affordable price. We take care of all your paper needs and give a 24/7 customer care support system.


Admission Essays & Business Writing Help

An admission essay is an essay or other written statement by a candidate, often a potential student enrolling in a college, university, or graduate school. You can be rest assurred that through our service we will write the best admission essay for you.


Editing Support

Our academic writers and editors make the necessary changes to your paper so that it is polished. We also format your document by correctly quoting the sources and creating reference lists in the formats APA, Harvard, MLA, Chicago / Turabian.


Revision Support

If you think your paper could be improved, you can request a review. In this case, your paper will be checked by the writer or assigned to an editor. You can use this option as many times as you see fit. This is free because we want you to be completely satisfied with the service offered.