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Case Law In Health Care Essay

890 words - 4 pages

Case Law in Health Care
Health care all over the world often sometimes face many obstacles, according to (Hammer & Sage) “Lawsuits against hospitals constitute the lion’s share of antitrust litigation. Between 1985 and 1999 hospitals were defendants in 61 percent of 394 medical antitrust disputes that led courts to issue formal opinions (hospitals were plaintiffs in only 6 percent. These numbers understate the burden of hospital antitrust litigation because most filed claims do not result in a published judicial opinion).” Hospital is a business that provides medical service to patients and there will always be competitors that produce social benefits. For example, Medical Malpractice is ...view middle of the document...

” This is a ways for the physicians not to lose his or her job; also they are not considering employees.
This world has laws that will help protect us individuals and in this case in the health care industry there is multiple laws including criminal and civil statutes that govern businesses and corporations apply to physicians, hospitals, and health care organizations. The (laws enacted by state and federal legislatures) as well as state medical practice acts that affect healthcare
Professionals. “Medical practice acts, established in all 50 states by statute, apply specifically To the way medicine is practiced in a particular state. These acts define the meaning of the “practice of medicine” as well as requirements and methods for licensure. They also define what constitutes unprofessional conduct in that particular state. While the laws vary from state to state, the more common items of unprofessional conduct include the following: Practicing medicine without a license, impaired ability to practice medicine due to addiction or mental illness, Conviction of a felony, insufficient record keeping, Allowing an unlicensed person to practice medicine, physical abuse of patients, and prescribing drugs in excessive amounts (Fremgen, 2012).”

Since this is a malpractice case the law and litigation is that when there is a case like “the first thing a plaintiff must do in order to prove legal malpractice is to establish that an attorney-client relationship existed. Absent an attorney-client relationship, the lawyer doesn't have any duty to the client, and there is no basis for a malpractice action (Expert Law).” However, if the medical malpractice law firm failed to provide a proper report from a doctor expert in the underlying medical malpractice case, the underlying medical malpractice case can be dismissed and a judgment can be entered against the client. According to the (American...

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