Law and Heatlhcare

Strayer University/ School of Business

Online

Assignment for Course: Health Care Policy, Law and Ethics-HAS 515

Submitted to: Professor Dr. Harrold Ray Griffin

Submitted By: Alexis Bedford

Date of Submission: April 24, 2011

Title of Assignment: Assignment # 1- Law and Healthcare

CERTIFICATION OF AUTHORSHIP: I certify that I am the author of this paper and that any assistance I received in its preparation is fully acknowledged and disclosed in the paper. I have also cited any sources from which I used data, Ideas or words, either quoted directly or paraphrases. I also certify that this was prepared by me specifically for this course.

Student’s Signature: Alexis Bedford

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Instructors Comments:

Introduction:

The American legal system is a complex and fascinating entity that incorporates every aspect of the functions of the business world. To fully understand the law, one must study history, sociology, public policy, politics, economics, literature, ethics, religion, and other relevant fields. The law regulates every aspect of the healthcare system. One way is by setting statutes, or laws, by which government can regulate and asses the healthcare system. Congress has the power to enact statues; the executive branch has the power to enforce the laws, and the judiciary branch has the power to interpret the laws. These laws are set to create a check and balance systems in healthcare to protect the physicians and the patient from unfair practices.

Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case:

Negligence in healthcare occurs when "the wrongdoer otherwise known as the tort feasor, fails to live up to the accepted standards of behavior, or fails to use due care." "Due care requires all persons to conduct themselves as a reasonably prudent person would do in similar circumstances." The...