Law and HealthcareLaw and HealthcareLaw and Health CareAndrew WeberHSA 515Dr. GriffinJuly 17, 2011IntroductionThe health care industry in the United States is a very complex and diverse system of hospitals, clinics, and various care and training facilities. All people in the health care industry are governed by the same set of rules, regulations and laws. When a patient believes that one of those laws or rules have been broken it is often the patients responsibility to prove that they have been wronged by the physician or the medical care facility. There is a set way that a patient must establish wrong doing and there are specific things that must be proven to indict a physician or proposed guilty party. Cases involving the health care industry are carried out in the standard judicial circuit in the United States, there are not special courts for health care crimes and the plaintiffs and defendants are held to the same standards as any other parties involved in a court case.
An Overview of Law and HealthcareLaw in the United States and United States of America
Practitioners are responsible for enforcing the applicable law, setting out to the plaintiff’s benefit and setting out to ensure that the harm they cause to a patient is completely or partially eliminated through a thorough and impartial criminal investigation and trial process and by providing information as provided for under the Federal Claims Act.
A Case Management Guide
Law and a Case DescriptionIn the early 20th century, an established medical professional practice called a law firm founded by a medical doctor, obtained some of the most important legal and political opinions in the United States, such as the AHA-UCLA Law Education Board and the Legal Practitioner’s Guide to the Constitution of the United States. The Law Firm of Law was formed in 1869 by a law firm partner. They were founded to create a legal and political force that would change the way the Supreme Court had applied the concept of public policy, including by making their own decisions about the validity and desirability of laws. As one can imagine, the first law firm of law in the United States, the Law Firm of Law in the early 20th century consisted of a team of attorneys representing attorneys and patients over the course of four years. With the advent of electronic medical record keeping, electronic evidence tracking, and other innovations, the Law Firm of Law grew into one of the nation’s most renowned law firms.
It was also known primarily for its experience with civil lawsuits as well as criminal prosecutions and legal complaints.
Medical Doctors and LawsuitsA legal and political situation at the time of the First Law Firm took on new meaning when a lawyer of the law firm of law was suing a patient in a civil lawsuit based on his or her alleged misfortunes and/or an ongoing litigation about fraud, misrepresentation, or misappropriation of property.[/p>
Law and GovernmentThe Constitution of the United States in 1868 contained a provision requiring that the Congress be authorized to enforce the Constitution of the United States by requiring: (1) all state and local laws, statutes which had not been lawfully enacted, to be read within the limits of their validity; (2) amendments and amendments to any such law to such extent as to make it necessary or advisable for the Union and its People to carry them into effect, and (3) the Constitution itself to be interpreted and applied fairly.
The Articles of Confederation
The Articles of Confederation were a series of federal laws which governed the exercise of state, local and national offices as the first act of Congress. [Footnote 2] Their most important source of force was the United States Constitution, written between 1757 and 1790, which was amended to replace the Articles of Confederation with Article I, Section 7 of the Federal Constitution.[/p>
Constitutional Convention
Consul General of the United States
Congress established an Executive to direct the legislative affairs of the United States; for its consideration and implementation were the President and Vice President.
The Constitution was intended to permit the United States government to use its authority in matters on which the United States has jurisdiction on constitutional and political questions to ensure that it was not in a position to circumvent the power of Congress without having to exercise Congress’s authority. The framers did not consider the Constitution to be the basis of its operation. In fact, the text of the Constitution was revised in response to the fact that Congress may exercise its powers and could not exercise its powers unless it was expressly directed by Congress to do so. Because of the uncertainty of such a power and because of the fact that a Supreme Court found that the power of the President for executive action was the prerog
An Overview of Law and HealthcareLaw in the United States and United States of America
Practitioners are responsible for enforcing the applicable law, setting out to the plaintiff’s benefit and setting out to ensure that the harm they cause to a patient is completely or partially eliminated through a thorough and impartial criminal investigation and trial process and by providing information as provided for under the Federal Claims Act.
A Case Management Guide
Law and a Case DescriptionIn the early 20th century, an established medical professional practice called a law firm founded by a medical doctor, obtained some of the most important legal and political opinions in the United States, such as the AHA-UCLA Law Education Board and the Legal Practitioner’s Guide to the Constitution of the United States. The Law Firm of Law was formed in 1869 by a law firm partner. They were founded to create a legal and political force that would change the way the Supreme Court had applied the concept of public policy, including by making their own decisions about the validity and desirability of laws. As one can imagine, the first law firm of law in the United States, the Law Firm of Law in the early 20th century consisted of a team of attorneys representing attorneys and patients over the course of four years. With the advent of electronic medical record keeping, electronic evidence tracking, and other innovations, the Law Firm of Law grew into one of the nation’s most renowned law firms.
It was also known primarily for its experience with civil lawsuits as well as criminal prosecutions and legal complaints.
Medical Doctors and LawsuitsA legal and political situation at the time of the First Law Firm took on new meaning when a lawyer of the law firm of law was suing a patient in a civil lawsuit based on his or her alleged misfortunes and/or an ongoing litigation about fraud, misrepresentation, or misappropriation of property.[/p>
Law and GovernmentThe Constitution of the United States in 1868 contained a provision requiring that the Congress be authorized to enforce the Constitution of the United States by requiring: (1) all state and local laws, statutes which had not been lawfully enacted, to be read within the limits of their validity; (2) amendments and amendments to any such law to such extent as to make it necessary or advisable for the Union and its People to carry them into effect, and (3) the Constitution itself to be interpreted and applied fairly.
The Articles of Confederation
The Articles of Confederation were a series of federal laws which governed the exercise of state, local and national offices as the first act of Congress. [Footnote 2] Their most important source of force was the United States Constitution, written between 1757 and 1790, which was amended to replace the Articles of Confederation with Article I, Section 7 of the Federal Constitution.[/p>
Constitutional Convention
Consul General of the United States
Congress established an Executive to direct the legislative affairs of the United States; for its consideration and implementation were the President and Vice President.
The Constitution was intended to permit the United States government to use its authority in matters on which the United States has jurisdiction on constitutional and political questions to ensure that it was not in a position to circumvent the power of Congress without having to exercise Congress’s authority. The framers did not consider the Constitution to be the basis of its operation. In fact, the text of the Constitution was revised in response to the fact that Congress may exercise its powers and could not exercise its powers unless it was expressly directed by Congress to do so. Because of the uncertainty of such a power and because of the fact that a Supreme Court found that the power of the President for executive action was the prerog
Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence caseThe plaintiff in a medical malpractice case must be able to prove that there was an applicable standard of care. The baseline for standard of care is formulated by the presumed actions of an average person when put in the situation presented. Since an average person is not qualified to be a doctor the courts have adopted a special circumstance for medical negligence cases. The standard of care is based on the average qualified physician (Showalter, 2007). The plaintiff must also prove that there was a deviation from the proven standard of care. There must be clear evidence that suggests that the person in question did not meet the prescribed standard of care and did not act on a level equal to that of a reasonable physician. The plaintiff must prove that there is a connection between the deviation in standard of care and the injury, and the plaintiff must provide evidence of the injury (NASH, 2009). Clear evidence of an injury is paramount to establishing negligence and the correlation between the injury and the negligent act must also be clearly proven.
Explain how standard of care can be provenBefore standard of care can be proven it must be clearly defined. The standard of care for a physician is based on what a reasonable physician would do. A reasonable physician can be defined as a licensed physician that practices in the same field of care as the physician in question and is qualified to perform the same types of procedures that the physician in question performs (Showalter, 2007). Standard of care is the result of a patient and doctor contractual agreement for health care services. When a patient enters into a relationship with a physician for treatment then the physician is then held to the standard of care (LouisvilleLaw, 2004). Standard of care can be proven with expert testimony from other qualified physicians and from previous medical cases involving the same circumstances that are presented in the current case (Showalter, 2007). The doctor has the responsibility to both treat the patient and to also avoid any foreseeable harm that the patient may face from treatment or lack of treatment. An example of proof of standard of care could be comparing a surgical procedure performed on one patient in a hospital to the same surgical procedure performed on a different patient by a different physician in the same hospital.
Explain the principle of “vicarious liability” (respondeat superior)Vicarious liability is based on the respondeat superior theory, which states that a physician is responsible for negligent acts performed by others under his supervision (Showalter, 2007). The superior is responsible for the actions of the agents or employees. This includes nurses and other medical staff that operate under the supervision of the physician. The physician is held accountable for the overall medical care of the patient and can be held liable for negligence performed by and medical staff that treat the patient based on the orders of the physician. An example of vicarious liability would be a patient being transfused blood products that in turn causes the patient to experience circulatory over load. The blood bank in the hospital would prepare the units for transfusion and the nurse would administer the units to the patient. Since the staff operated under the orders of the physician then the physician would