1

Ambulatory Care Center

Name

Institutional Affiliation (s)

Instructor’s Name

Date
 2

Social contract as a paradigm to design the structure of a new ambulatory center

Several perspectives need consideration in establishing a new ambulatory care center in

any city. Among the needed consideration in opening a new ambulatory center is picking a

suitable model for governance (Bautista, 1). There are several perspectives any chief operating

officer in a hospital can utilize in opening a new ambulatory care center. Among the perspectives

includes; free market, professional autonomy, and the social contract. Therefore, one needs to

utilize only one model. In the appropriate paradigm to design the structure of a new ASCs center

is the social contract. Choosing the best model to design the new ambulatory center's structure

mainly lies in the most proper perspective (Bautista, 1). Several aspects have been considered in

coming up with the social contract as the paradigm, including the community, the relation with

workers, and the patient to be served by the center. This consideration has resulted in choosing a

social contract as a paradigm to design the new ambulatory center's structure.

Advantages of the social contract as a paradigm to design the structure of a new

ambulatory center

i. The social contract allows every individual to satisfy their self-interest without

making others worse off. The advantage of this social contract correlates with

designing the structure of the new ambulatory center (1). Given, that the care will

be provided based on personalized health care, incorporation of medical

situations, treatment, and sessions, all medical equipment, the procedures and

knowledge provided ought to ensure that every self –interest of both patients and

the medical practitioner are satisfied without making others worse off.
 3

ii. Social contract justifies basic moral rules. Another advantage of the social

contract is that it justifies the basic moral rules. Social contract conveys many

messages rather than a singular one (1). Therefore, in ASCs center, it tends to

create the undeclared understandings between the patients and the health workers

and the society in which they live and how benefits and responsibilities are

distributed, hence applicable in the ASCs center as a paradigm design the

structure of the new ambulatory center.

Disadvantages of the social contract as a paradigm to design the structure of a

new ambulatory center

i. In terms of providing health services, contracts can be unfair for some people.

When a social contract as a paradigm to design a new ambulatory center's

structure is applied, it may not equitably serve other people (D’Olimpio, 2).

For instance, the poor might fail to get the same benefits of the contract's

services as the rich because they may not fully understand their part

ii. The government has too much power to make laws with the perception of

protecting the public. Therefore, the government can use the social contract's

robe to invoke the fear of a state of nature in a hospital setting to justify

unwelcome laws.

Two examples of social contact in action to support the response

i. A law of negligence that ensures not to break the law is an example of a social

contract. It is agreeable that the practitioner drives on a specific side of the

law, taking into account the patient's medical history, sufficient delivery of
 4

information concerning risks, etc. Some laws say these things, but healthcare

workers do them out of social contract reasons (2). Notably, laws reflect the

majority views of the social contract, although healthcare may violate the law;

there are penalties for violating the social contract.

ii. Another example of how a social contract works would be the legal system.

For instance, if a medical practitioner neglected his work leading to health

deterioration, instead of family members fighting it out with fist or raiding the

ambulatory care, both parties put their faith in the legal system that they both

agree will be more neutral, to get to the truth(2). This happens because of the

social contract.

Key components of three (3) sources of law related to the effects that each source could

potentially have on your healthcare organization’s new initiative

The three sources of law are case law, statutory law, and constitutional law. Laws tend to

come from the three places, which are referred to as the source of law. The three laws potentially

affect the healthcare organization's new initiative.

Constitutional law

The constitution of the United States does not have a clear, explicit right to health care,

and the interpretation of it by the courts is not straight, guaranteeing the right to proper health

care services(2). However, the healthcare organization's new initiative's main legal aspects are

confidentiality, informed consent, and medical negligence.

 5

Case law

Case law establishes legal principles that are unclear from the initial legislation.

Therefore, the case laws provide legal issues for the healthcare organization’s new initiative

affecting the hospitals and health systems in general (2). The laws here include; false claims and

whistleblower suits, Compliance requirements for tax-exempt hospitals and antitrust issues, and

ACOs.

Statutory law

Statutory law ensures the monitoring of health professions, ensuring they must register

with a professional regulatory body by law. Therefore, on the healthcare organization’s new

initiative, employers should check that healthcare professionals are registered with an identified

regulated body by law.

 6

References

Bautista, M.C., 2020. The PhilHealth Case—Health Care Contracts and Social Contract in Social

Health Insurance. In Contractual Management (pp. 337-364). Springer Vieweg, Berlin,

Heidelberg. https://link.springer.com/chapter/10.1007/978-3-662-58482-8_11

D’Olimpio, L., 2019. Moral education within the social contract: Whose contract is it anyway?.

Journal of Moral Education, 48(4), pp.515-528.

https://www.tandfonline.com/doi/abs/10.1080/03057240.2019.1580565