Thanks for sharing your perspective on the case study that involves Leonard and Dr. Farrah-Fowler. I agree with your insight that an express contract may be written or oral. Although written and oral are two different approaches to a contract, they are both effective methods. I think that a written document is more verifiable compared to a verbal agreement. Per the article, “The Limits of Expanded Choice” the author introduces the term contract by stating, “What the law calls a “contract” starts out with communication: an exchange of promises between the parties” (Goetz, 1985). In this case, I do not agree with your choice that this is not a breach. Leonard was still under the care of Dr. Farrah-Fowler when he gave Leonard the blood transfusion. Noting that prior statement, the contract is still valid until he is out of the care of Dr. Farrah-Fowler and his payment is made. Leonard made it very clear by signing multiple documents that he refused to receive any blood products. The doctor educated Leonard of all the risk and complications of the surgery. The possibility of death was indicated, and he still said no to blood transfusions prior to the procedure. You pointed out that Beverly was listed as an emergency contact, which is accurate. However, an emergency contact does not have the authority to make medical decisions without some type of …show more content…
(1985). The Limits of Expanded Choice: An Analysis of the Interactions between Express and Implied Contract Terms. California Law Review, 73(2), 261-322. doi:10.2307/3480312
Morrison, J., & Allekotte, M. (2010). Duty first: towards patient-centered care and limitations on the right to refuse for moral, religious or ethical reasons. Ave Maria Law Review, 9(1), 141+. Retrieved from http://ezproxy.liberty.edu/login?url=http://go.galegroup.com.ezproxy.liberty.edu/ps/i.do? p=LT&sw=w&u=vic_liberty&v=2.1&it=r&id=GALE%7CA302769294&sid=summon&