Interpret The Role Of Common Law From The First E Activity
From The First E Activity Interpret The Role That Common Law Has Play
From the first e-Activity, interpret the role that common law has played in health care in the United States. Assess the level at which common law has impacted overall decisions related to healthcare policy. Provide two (2) specific examples to support your rationale. Differentiate between checks and balances in the separation of power. Specify two (2) examples related to health care from your state government. Please ensure you are using credible research. You cannot use .com, investopedia.com is the same as wikipedia, and you cannot use them. You will lost points, if this continues and and may risk getting zero points on your discussions. Class according to the grading rubric and the Strayer Writing Standards, you have to support your work. If you are not including citations or references, then you are committing academic dishonesty and this is grounds for possible plagiarism. I have explained this in the threads, in the orientation video, in the weekly overview videos, and still people are posting without supporting their work. So please know that this is a serious issue and I would highly recommend to complete the work based on the requirements or risk zero points and referral to The Academic Integrity Office.
Paper For Above instruction
Introduction
The role of common law in the healthcare system of the United States has been profound, shaping legal precedents that influence healthcare policy and practice. Unlike statutory laws enacted by legislative bodies, common law develops through judicial decisions, creating legal principles that guide healthcare providers, policymakers, and patients. This paper explores the influence of common law on healthcare, assesses its impact on decision making, and provides specific examples to illustrate this dynamic. Additionally, it differentiates between checks and balances in governmental power, with pertinent examples from state healthcare governance.
Common Law and Its Role in Healthcare in the United States
Common law plays a vital role in shaping healthcare practices in the United States by establishing legal standards that govern provider-patient relationships, professional duties, and liability. For instance, the principle of duty of care, derived from common law, obligates healthcare providers to adhere to accepted standards of practice to avoid negligence claims. Moreover, case law has contributed to defining patients' rights, informed consent, and confidentiality, which collectively influence how healthcare institutions operate and respond to ethical dilemmas.
In the context of healthcare policy, common law sets precedents that can either reinforce or challenge statutory laws. For example, judicial interpretations of malpractice laws influence how state legislatures craft regulations regarding healthcare liability, ensuring that they align with judicial standards and societal expectations. This dynamic underscores the substantial impact common law has on healthcare policy formulation.
Impact of Common Law on Healthcare Decision Making
Common law significantly influences decision-making processes within healthcare institutions and legislative bodies. Its impact is most evident in liability and malpractice lawsuits, which act as deterrents against substandard care and encourage adherence to best practices. For example, landmark cases such as Pate v. Threlkel (Florida Supreme Court, 1995) reinforced the duty of physicians to warn patients' relatives about hereditary risks, promoting preventative care and informed decision-making.
At the policy level, courts' interpretations of liability can lead to reforms aimed at balancing patient rights and provider protections. For instance, the introduction of tort reform measures, influenced by judicial decisions limiting damages, aims to reduce malpractice premiums and ensure broader access to healthcare services. Thus, common law exerts a shaping force on both clinical and legislative decision-making in healthcare.
Examples Supporting the Impact of Common Law
1. Malpractice Litigation: The evolution of malpractice law demonstrates common law's influence. Courts determine standards of care, often setting a legal framework that providers must follow to avoid liability. For instance, the Bolam test, established in UK law and influential in U.S. courts, assesses whether a healthcare provider's conduct aligns with accepted medical practice, impacting how providers approach clinical judgment and risk management across states.
2. Patient Rights and Informed Consent: Judicial decisions have also reinforced patients’ rights to informed consent, notably in cases like Canterbury v. Spence (California Supreme Court, 1972). By recognizing patients' autonomy and the right to be fully informed of treatment risks, common law has mandated transparency and shared decision-making, shaping healthcare policies and provider practices nationwide.
Checks and Balances in Separation of Power
Checks and balances are fundamental to maintaining the separation of powers among the legislative, executive, and judicial branches of government. Checks refer to each branch’s ability to monitor and restrain the others, ensuring no single branch becomes too powerful.
In healthcare, this system manifests distinctly. The legislative branch creates laws regulating healthcare delivery and insurance, the executive enforces these laws, and the judiciary interprets and applies legal disputes arising from healthcare practices. For example, courts have occasionally struck down or expanded laws related to healthcare access, illustrating judicial checks on legislative power.
State Healthcare Examples of Checks and Balances
1. California's Mental Health Laws: California's legislation on mental health treatment exemplifies legislative authority, while courts oversee and enforce these laws. Judicial decisions have upheld patients' rights to refuse treatment, serving as a check on state legislation’s reach by protecting individual liberties.
2. Texas Medicaid Policy: The Texas legislature sets policies on Medicaid expansion and funding, but federal courts have intermittently intervened, especially where policies conflict with federal law. This demonstrates judicial oversight functioning as a check on state decisions regarding healthcare funding and access.
Conclusion
Common law continues to influence healthcare in the United States profoundly, shaping legal standards, policy decisions, and ethical practices. Its rulings establish precedents that guide providers and policymakers, fostering accountability and safeguarding patient rights. Simultaneously, the system of checks and balances ensures that healthcare legislation and administration are subject to judicial oversight, maintaining a balanced governance structure. Understanding this interplay is vital for comprehending how healthcare policies evolve and are implemented at both state and federal levels.
References
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