Intro To Healthcare Law

Question 1

What are the four sources of law?

Answer 1

US constitutional law, common (case) law, statutory law, administrative law

Question 2

What is US Constitutional Law?

Answer 2

Derived from the constitution and bill of rights

Question 3

What is Common (case) law?

Answer 3

Derived from judicial decisions that set precedent, forms the judicial branch of government

Question 4

What is Statutory Law?

Answer 4

written laws, forms the legislative branch of government

Question 5

What is Administrative Law?

Answer 5

Rules and regulations issued by agencies, forms the executive branch of government

Question 6

What forms the judicial branch?

Answer 6

Common law

Question 7

What forms the legislative branch?

Answer 7

Statutory law

Question 8

What forms the executive branch?

Answer 8

Administrative

Question 9

What did the common law system evolve from?

Answer 9

Middle Ages England aka English common law

Question 10

How much of the world’s population live in common law jurisdictions?

Answer 10

1/3

Question 11

What does the common law system respond to?

Answer 11

Issues beyond written laws

Question 12

What is stare decesis?

Answer 12

The principle lying at the heart of all common law systems

Question 13

T/F common law often varies state to state

Answer 13

True, all states operate under this principle except one

Question 14

What is the common law catchphrase?

Answer 14

Reason and justice for all

Question 15

What term describes a body of principles evolved and expanded from judicial decisions?

Answer 15

Common law

Question 16

How is state autonomy related to common law?

Answer 16

Judicial decisions in one state does not set law in another state, but may set a precedent for another state

Question 17

What is habeas corpus?

Answer 17

Protection from unlawful imprisonment, need to present the body of evidence

Question 18

What is a precedent?

Answer 18

A judicial decision that may be used as a standard in subsequent similar cases

Question 19

What is res judicata?

Answer 19

The thing that is decided, that which is previously decided by courts- final

Question 20

What is the purpose of res judicata?

Answer 20

Designed to prevent continuous prosecution when a decision is not favorable, but can still appeal

Question 21

What is stare decisis?

Answer 21

Let the decision stand, similar cases should be decided according to consistent principled rules

Question 22

What are the three common law categories?

Answer 22

Public, criminal, private

Question 23

What is public law?

Answer 23

Relationships among government and individuals

Question 24

What is criminal law?

Answer 24

Prohibits conduct deemed injurious to public order, strives to attain what society deems to be valid goals for the common good, establishes punishment

Question 25

What is private law?

Answer 25

Relationships among individuals , recognition and enforcement of the rights and duties of private citizens

Question 26

T/F common law changes with time

Answer 26

True

Question 27

Where does optometry rarely find legal application?

Answer 27

Public law, unless OD is agent of government aka VA

Question 28

When would optometry be faced with criminal law?

Answer 28

Willful harm- state board violation, deliberate act could be the perpetrator or victim, also includes property damage/theft

Question 29

In which form of law does optometry find definite application in both tort actions and contract actions?

Answer 29

Private law

Question 30

What is tort action?

Answer 30

Professional liability— malpractice/negligence

Question 31

What are contract actions?

Answer 31

Employment and labor issues

Question 32

What is the application of tort actions?

Answer 32

Assertion that the wrongful acts of another have caused harm resulting in legal liability for the person who commits the tortious act

Question 33

What is the application of contract actions?

Answer 33

Claims that one party has breached an agreement by failing to fulfill an obligation

Question 34

What is health care law?

Answer 34

The doctrinal and public policy study of law applying to the health care industry, a coalescence of intellectual and academic though

Question 35

What is the result of continual expansion of the field?

Answer 35

Changes in industry and shifts in public policy

Question 36

Why is health care law problematic?

Answer 36

We are the experts but are not in the legal decision making process

Question 37

What six features of health care delivery distinguish it from other legal principles?

Answer 37

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

Question 38

What do the six essential features give the field?

Answer 38

Interdisciplinary complexity and rich variety of doctrines and theories

Question 39

What is the beginning of the development of health care law?

Answer 39

Law and medicine text 1960 William Curran, 83% forensic medicine + public health, regulation of medical practice and liability

Question 40

What is the modern view of the development of health care law?

Answer 40

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

Question 41

What are the four main concerns of health care law today?

Answer 41

Quality, autonomy, access, and cost