Health Care Law Flashcards
What are statutory laws? What do they form?
Written laws
Legislative branch of government
What is common (case) law? What does it form?
Law derived from judicial decisions that set precedent.
Forms the judicial branch
“reason and justice for all”
Does not apply as law to other states but could set precedent.
What is administrative law? What does it form?
Rules and regulations issued by agencies.
Makes up executive branch
What is the principle lying at the heart of all common law systems?
Stare decesis. Determining things off precedent. Let the decision stand: similar cases should be decided according to consistent, principled rules
the thing is decided: that which is previously decided by courts—it is done
Res judicata
What is private law?
Relationships among individuals
What type of laws does optometry rarely find application?
public law, criminal law
True or false: Criminal law could apply to optometry if OD deliberately performed an act of harm or damaged/ stole objects.
True
What is tort action referring to in private law?
professional liability. Malpractice/ Negligence
What is contract action referring to in private law?
employement/ labor issues
What law (private, criminal, public) does optometry relate with the most?
private law (tort and contract actions)
Assertion that the wrongful acts of another have caused harm resulting in legal liability for the person who commits the tortious act.
Tort Actions
Claims that one party has breeched an Agreement by failing to fulfill and obligation
Contract actions
Recognition and enforcement of the rights and duties of private citizens
Private law
Health Care law is a coalescence of ________ and __________ thought.
Intellectual; academic
Health Care law is a coalescence of ________ and __________ thought.
Intellectual; academic
What factors are continually expanding in the health care industry field?
Industry changes, shifts in public policy
What distinguishes health care delivery from other legal principles?
1) being a patient
2) professionalism of health care providers
3) Treatment relationship the two
4) Existence of stakes/nature
5) High cost
6) Variability of need
The Six Essential Features give the field its ___________________ and its rich variety of doctrines and theories.
interdisciplinary complexity
What was the first law and medicine book? What did most of it devote to?
Text and Source Materials on Medico-Legal Problems (1960), William J. Curran.
Devoted more to forensic medicine
When did modern view health law first appear? What did it focus on?
- Stronger public policy focus. Malpractice Liability, Bioethics, Insurance, Financing and Corporate Regulation
4 main concerns of health care law today
1) Quality
2) Autonomy
3) Access
4) Cost
