Intro To Healthcare Law Flashcards
What are the four sources of law?
US constitutional law, common (case) law, statutory law, administrative law
What is US Constitutional Law?
Derived from the constitution and bill of rights
What is Common (case) law?
Derived from judicial decisions that set precedent, forms the judicial branch of government
What is Statutory Law?
written laws, forms the legislative branch of government
What is Administrative Law?
Rules and regulations issued by agencies, forms the executive branch of government
What forms the judicial branch?
Common law
What forms the legislative branch?
Statutory law
What forms the executive branch?
Administrative
What did the common law system evolve from?
Middle Ages England aka English common law
How much of the world’s population live in common law jurisdictions?
1/3
What does the common law system respond to?
Issues beyond written laws
What is stare decesis?
The principle lying at the heart of all common law systems
T/F common law often varies state to state
True, all states operate under this principle except one
What is the common law catchphrase?
Reason and justice for all
What term describes a body of principles evolved and expanded from judicial decisions?
Common law
How is state autonomy related to common law?
Judicial decisions in one state does not set law in another state, but may set a precedent for another state
What is habeas corpus?
Protection from unlawful imprisonment, need to present the body of evidence
What is a precedent?
A judicial decision that may be used as a standard in subsequent similar cases
What is res judicata?
The thing that is decided, that which is previously decided by courts- final
What is the purpose of res judicata?
Designed to prevent continuous prosecution when a decision is not favorable, but can still appeal
What is stare decisis?
Let the decision stand, similar cases should be decided according to consistent principled rules
What are the three common law categories?
Public, criminal, private
What is public law?
Relationships among government and individuals
What is criminal law?
Prohibits conduct deemed injurious to public order, strives to attain what society deems to be valid goals for the common good, establishes punishment
What is private law?
Relationships among individuals , recognition and enforcement of the rights and duties of private citizens
T/F common law changes with time
True
Where does optometry rarely find legal application?
Public law, unless OD is agent of government aka VA
When would optometry be faced with criminal law?
Willful harm- state board violation, deliberate act could be the perpetrator or victim, also includes property damage/theft
In which form of law does optometry find definite application in both tort actions and contract actions?
Private law
What is tort action?
Professional liability— malpractice/negligence
What are contract actions?
Employment and labor issues
What is the application of tort actions?
Assertion that the wrongful acts of another have caused harm resulting in legal liability for the person who commits the tortious act
What is the application of contract actions?
Claims that one party has breached an agreement by failing to fulfill an obligation
What is health care law?
The doctrinal and public policy study of law applying to the health care industry, a coalescence of intellectual and academic though
What is the result of continual expansion of the field?
Changes in industry and shifts in public policy
Why is health care law problematic?
We are the experts but are not in the legal decision making process
What six features of health care delivery distinguish it from other legal principles?
1) experience of being a patient 2) professionalism of the health care provider 3) treatment relationship between the two 4) existential stakes/nature of medical practice 5) high cost of care 6) variability of need
What do the six essential features give the field?
Interdisciplinary complexity and rich variety of doctrines and theories
What is the beginning of the development of health care law?
Law and medicine text 1960 William Curran, 83% forensic medicine + public health, regulation of medical practice and liability
What is the modern view of the development of health care law?
First appears in 1987 in Furrow’s casebook which first used the title Health Law and had stronger public policy focus, also discusses malpractice liability, bioethics, insurance financing, and corporate regulation
What are the four main concerns of health care law today?
Quality, autonomy, access, and cost
