HEALTH CARE LAW

Legal Aspects of Health Care Administration



Legal Aspects of Health Care Administration

1. Define the term law and describe the three (3) sources from which law has derived.

Law is a protection by a country or a state for its citizens. The main usage of law is to provide safety and security to the citizens of the nation. Law is a restriction by government for the behaviors of individuals. Law helps in building and setting the rules and regulations, and it can be positivist, as well. There are different types of laws like tort law, criminal law, civil law, property law, family law etc (Wetherington, 1992). It is very necessary for each and every state that it should follow the defined laws. The factors of development of the law are:

the internationalization of trade

the increasing role of the economy

development of recent technologies and scientific research

the challenging economic and political officials in the judicial

The three fundamental sources that derive law are precedent, statutes, and administrative legislation. Precedents have their applications on the case laws, statutes have their applications on the legislative laws, and administrative regulations have applications on EPA regulations.

2. Describe the four (4) objectives of tort law.

Tort law is common as the obligation, to compensate for damage caused so positive that its genesis lies in the rules that regulate the sources of obligations. The art.1089 CC states that the sources of obligations may have their origin in “the law, contracts and cause contracts, and the wrongful acts or omissions or involving any fault or negligence (Cole, 2010, pp. 67)”. Thus, illegal acts, whether criminal or civil liability arises also aimed to mitigate the damage they generated pro. The offenses have governance by the provisions of CP's like the art. CC 1092 of stating this. The tort shall be subject to the provisions of arts.1902 1910.

Following are the main objectives of tort law:

1) Tort law is a law that deals with the reparation of damage. At times, when the repair thereof is difficult, the law allows the injured party redress through compensation for damages incurred. This legal obligation to compensate the damage or repair the damage generated in the forced to commit the act, which led to the damaging event, under penalty of again in the wrongful conduct that resulted in the needed repair. (Cole, 2010)

2) It helps in saving the damages of individuals and assuring proper reimbursement of the damages.

3) The law helps in giving proper protection to the contractual liabilities.

4) It aims to raise awareness about the status of human life in the law, the role of liability in that respect, the possibilities of prevention for reducing contingencies with consequences in the field of law, and repair of the damage generated for these reasons.

3. Describe the four (4) elements that must be proven in order to be successful in a negligence suit.

The legal term “negligence” is the legal concept of recovery to those injured common in any accident, including car accidents, aviation accidents, motorcycle accidents, and incidents of medical ...