Legal and Ethical Issues in Health

750 Words3 Pages
Legal and Ethical Issues in Health The law has a lot to say about personal decision-making. People have the legal right to make their own health care decisions. However, poor health can jeopardize people's ability to exercise their legal rights. Safeguarding these rights requires advance thinking and planning. The law is a rule of conduct or action prescribed by a controlling authority. The goal of the law is to resolve any issues with violence, protect citizens, health safety, and welfare. Sources of Law The states have the power to regulate health care through their police power to protect the health, safety, and welfare of the citizens. For example: The Constitution and the Bill of Rights guarantee several freedoms to individuals. Most importantly are the three branches of the government are Legislative, executive, and judicial branches. Most importantly the regulations like OSHA which is the safety control and HIPPA patient privacy and safety. These rules apply to most workplaces especially health care facilities. Check and Balances Executive branch is President of the United States or governor of an individual state. Legislative branch is what passes and can override the legislation of the President or governor. Judicial branch can overrule laws and actions of the executive branch. Civil Law versus Criminal Law A civil case begins when a person or entity such as a corporation or the government, called the plaintiff, claims that another person or entity the defendant has failed to carry out a legal duty owed to the plaintiff. A person accused of a crime is generally charged in a formal accusation called an indictment for felonies or serious crimes or information for misdemeanors. The Court System The court must have jurisdiction over the case. Jurisdiction can be in personam or in rem. In personam jurisdiction means the court has jurisdiction over
Open Document