Contractual Liability in Fixed-Price Healthcare: Bartolomucci v Circle Health Group and Its Implications for Hospital Responsibility
Prof Cam Wareham has written an article on 𝗖𝗼𝗻𝘁𝗿𝗮𝗰𝘁𝘂𝗮𝗹 𝗟𝗶𝗮𝗯𝗶𝗹𝗶𝘁𝘆 𝗶𝗻 𝗙𝗶𝘅𝗲𝗱-𝗣𝗿𝗶𝗰𝗲 𝗛𝗲𝗮𝗹𝘁𝗵𝗰𝗮𝗿𝗲: 𝗕𝗮𝗿𝘁𝗼𝗹𝗼𝗺𝘂𝗰𝗰𝗶 𝘃 𝗖𝗶𝗿𝗰𝗹𝗲 𝗛𝗲𝗮𝗹𝘁𝗵 𝗚𝗿𝗼𝘂𝗽 𝗮𝗻𝗱 𝗜𝘁𝘀 𝗜𝗺𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻𝘀 𝗳𝗼𝗿 𝗛𝗼𝘀𝗽𝗶𝘁𝗮𝗹 𝗥𝗲𝘀𝗽𝗼𝗻𝘀𝗶𝗯𝗶𝗹𝗶𝘁𝘆
The recent decision in Bartolomucci v Circle Health Group, provides essential guidance for hospitals using fixed-price or "all-inclusive" healthcare packages. This ruling highlights the necessity of clear contractual terms, especially concerning the liability for independent consultants.
Private Healthcare facility organisations providing fixed price schemes for self - funding patients, may wish to review the arguments put forward in this case. When marketing and entering into a contract with users of these schemes, it is imperative that the agreements are clear as to who is liable, for which aspect of the care, providing clarity that Independent medical providers are not employees, but rather 'consultants' who are engaged in partnership with the hospital to deliver care.
Independent medical consultants and providers will similarly be interested. In agreeing to partner with the private healthcare facility (the Hospital) they must ensure that their indemnity covers work under these arrangements and further remain vigilant that any agreement provides them the guarantee of facility and autonomy to deliver care in a safe and effective manner.
To read the full article, please click here.
