Longest36612CourtsA

Longest36612CourtsA - Session 12 The Courts The U.S. System...

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Unformatted text preview: Session 12 The Courts The U.S. System of Government expects and authorizes the Courts to interpret and establish health law  Especially via liability and professional negligence litigation  Health laws are initially expressed through statutes and regulations  These may be unclear or ambiguous in a specific situation Courts play important role:  First : law authorizes the courts to make certain elements of law (i.e. professional negligence)  Second : body to interpret and clarify established statutes and regulations Law requires interpretation of the statute or regulation for clarity  Statutory Interpretation  Balancing contending political perspectives on a policy  Reconciling competing values or intents  i.e. cost control vs. access for underserved populations  Statutory language of legislation may have unclear or confusing implications to a specific situation Current American Health Law has been shaped by three models of health law  Authority of Medical Profession  (Modestly) Egalitarian Social Contract  Market Competition  th Dominant from 1880-1960  This model of health law plays out how? Authority of Medical Profession  Legal authority over all aspects of health care delivery...
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Longest36612CourtsA - Session 12 The Courts The U.S. System...

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