Legal Issues

LegalIssues

Ruleof law governs any sovereign state. Law illustrates every individualright and acts to defend those rights. It is applied to monitor humanbehavior for the ample and positive interaction of individuals in thesociety. Law emanates from common law, administrative laws andstatute laws. Common laws are rules sourcing from court decisions ondifferent cases handled earlier by a panel of judges in a state.Statute laws roots from written laws from Legislature docket and maybe federal or state laws. Lastly administrative laws are laws fromadministrative works of the government and policymaking authorities.Law has been used in different fields to bring along justice andequality.

Themost common sector affected by law is the health sector. The healthsector has evolved tremendously along dangerous paths starting fromIndia and Egypt spreading to Greece and Rome, to England all throughto Islamic countries and eventually to Spain, Germany, Italy andAmerica[ CITATION Mal57 l 1033 ].Civilization isindicated by such improvements in health sectors, education sectorsand also trade sector. The health sector has experienced civilizationby in its unique way where people have evolved from being concernedin individual and families well-being but also extended the concernto the community at large. Religion before Christ played an importantrole in hospital development. At that century, healing wasexperienced in the form of faith. Due to evolution, Christianityadopted hospitals but not for long because of cases of administrativecorruption. The civil body took over hospitals. Hospitals at currentcentury have become complex. They not only concentrate on healing thesick but also have come up with programs for preventing illness andensuring the productive life of the people. Due to this complexity inits operation, application of law has been crucial. In this paper,the key address is the kind of laws that are applied in the healthsector both federal and state laws.

Thehealth sector applies the common law in the form of tort law. Tort isthe law of person that is aimed at protecting individuals fromnon-criminal instances that affects individuals negatively. In thehealth sector, individuals are from negligence from medicalspecialists. Also tort explores the slip and fall instances thathappen to infants causing damages that can last for the rest ofinfant’s life. Tort bases its arguments at reasonability andforeseeability of risks. Tort as a law in health is both federal lawand state law. Federal law is set by legislation and passed by acountries congress, verdict by a federal court and laid orders by theruler of the country in U.S the president[ CITATION Far10 l 1033 ].State law is that law that applies to each state and maynot apply to the whole country. For example the U.S, has each lawsoperating at its different state.

Thehealth sector also applies the statute laws in its operations. Thestatute laws set aside by the legislation of a given country tend toaddress the following stated issues. It determines the kind ofservices of care that the authority will cater for and specifies themain beneficiaries of such services. Also by state licensing, itensures that only the qualified personnel treat individuals. Also thesame licensing ensures that health firms operating are up tostandards of health. Through the statute law, also the government canregulate the drugs and devices among other clinical aspects used inhealth care centers. Statute laws applicable in the health sector areboth state and federal accepted since their target is to ensureprotection of human life.

Administrativelaws are also applicable to the health sector. A ministry governshealth docket in most states. Such ministry set laws that oversee thecountries health operations by different health centers establishedin the state. Such rules include the architectural outlook of thehospitals. Also the conduct and dress mode of the workers indifferent hospitals. Also, it’s from the directive of theadministrative rule all workers to have insurance cover that protectsthem from unforeseen occurrences that lead to a loss. Administrativelaws vary from state to state thus not a federal law. Thus, thereexists case of confliction.

Conflictmay arise between federal law and state law concerning health sector.A good example of such conflict is demonstrated in the case below.The complainant in Dorsten v. Lapeer County General Hospitalpresented a deed against a hospital and particular physicians on themedical board claiming badly refusal of her application for medicalworkers rights. The plaintiff presented allegations under the U.Scode for gender discrimination, defilement of the Sherman AntitrustAct and others[ CITATION Cal01 l 1033 ].The complainant filed a motion to oblige extraction of review reportsto back up her case. The U.S district court ruledthat complainant was eligible to the location of peer review reportsregardless of Michigan state law suggesting the establishment oftotal advantage for peer review reports carried out by hospitalreview board.

Conclusively,health as a sector is subject to the rule of law. These laws ensurethe smooth running of the health operations towards achieving setgoals and objectives. Both law and health have the common role ofensuring individuals life is better and will continue improving inyears to come.

References

Caldwell, D. H. (2001). U.S Health Law and Policy. San Fransisco: Josey-Bass.

Farnsworth, E. A., &amp Sheppard , S. (2010). An Introduction to the Legal System of the United States. Oxford: Oxford University Press.

Malcom, T. M. (1957). Hospital Organization and Management. Australia: Physicians Record Company.