28 Jun 2022

118

Legal Foundations of Healthcare

Format: APA

Academic level: University

Paper type: Q&A

Words: 630

Pages: 2

Downloads: 0

The United States Federal Court system 

Despite influencing American citizens' daily lives, the federal courts are also responsible for arbitrating certain cases, such as solving disputes among states, handling violation of federal criminal statutes, and overseeing bankruptcy. The court system comprises three levels starting from the district courts, circuit courts and supreme courts. The district courts are also known as the trial courts. They have one judge and deal with criminal, bankruptcy, admiralty, and civil cases within the federal system. The circuit courts are the initial level of appeal in the federal system, and they have nationwide jurisdiction over some issues such as patents. However, the supreme court is the highest and has authority on deciding appeals on all cases in federal courts. 

Types of Legal Claims within the Field of Health Care over which Each Court has jurisdiction 

All three courts have legal claims within the health care field; the district courts have residual jurisdiction on health issues that involves compensation for work injuries. It also has legal claims about offences committed under the work health and safety act 2011. The circuits courts review healthcare case that has been tried in the federal courts. They also possess jurisdiction to review policies on health insurance laws such as Medicaid. The Supreme Court has jurisdiction to declare a health care bill that has become law invalid if it violates the constitution. The court also addresses issues related to the expansion of health insurance policies such as Medicare, Medicaid and legal matters relating to the Affordable Care Act. 

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How Common-Law Has Influenced the Development of Health Care in the 21st Century 

The common law has been fundamental in healthcare development because it has granted patients the right to get information regarding one's medical situation and the request to get adequate information on treatment options, the possible risk associated with treatment options, and prognoses. The law advocates for using plain language terms to enable patients to understand the complicated medical language to make informed decisions about health care. For instance, a doctor may be charged with a criminal offence to obtain consent from the patient. The law has also led to the incorporation of informed consent in the Patient's Bill of Rights. The decisions have led to the creation of transparency and avoidance of malpractices on medical matters in the21st Century. 

Common-Law Principles 

Common law operates under distinct principles; precedent is one principle that acts as a standard in subsequent similar cases. The code is set to serve as a future reference decision when courts are dealing with similar issues. Res judicata is another principle that seeks to enhance fair and honest administration of justice to prevent law abuse. It applies when there is a litigant attempt of filing a subsequent lawsuit on a similar matter after receiving a judgment in the case of a preview that involves the same parties.  Stare decisis is another principle that gives courts the obligation to base their ruling on similar historical issues, thus ensuring that cases with similar scenarios are handled in the same manner. 

Sources of Law 

Laws come from varied sources; first, the laws can come from common laws, which judges in the form of precedents make. The judges' decisions and ruling made during the court may become binding within the jurisdiction legal system. Statutory is another source that can modify or abolish a section of the common law. The legislative arm of the government develops the statutory laws. Administrative laws are also sources, and various state agencies like regulatory bodies create them. Court rules are also another source that the supreme court develops, and they give rules regarding criminal and civil procedures in managing court processes. Another source is the constitution that can be established through amendments. Regional treaties are other sources that are created to help in handling international relations. 

How Laws Affect Health Care 

The laws primarily affect health care positively. They help in preventing harm to people, and they also protect people's rights. The rules also delineate the objective of the health care systems. They protect the health and safety of people plus individuals affected by work activities. Additionally, they prohibit malpractices and enhances transparency in the public health sector .

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StudyBounty. (2023, September 14). Legal Foundations of Healthcare.
https://studybounty.com/legal-foundations-of-healthcare-question-and-answer

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