Role of Common Law in Healthcare in The US Discussion

Please respond to the following:

Interpret the role common law plays in healthcare in the United States. Assess the level at which common law has impacted overall decisions related to healthcare policy. Provide two specific examples to support your rationale

Answer:

Common law plays a significant role in shaping healthcare in the United States, particularly in areas where statutes and regulations are limited or absent. Common law refers to legal principles and precedents established through court decisions rather than statutes enacted by legislatures. In healthcare, common law helps fill gaps in statutory law and provides guidance on issues not explicitly addressed by legislation.

One way common law impacts healthcare is through medical malpractice liability. The principles of negligence established in common law govern healthcare providers’ duty of care, breach of that duty, causation, and damages in malpractice cases. For example, in the landmark case of Canterbury v. Spence (1972), the court established the “reasonable patient standard” for disclosing risks to patients before medical procedures. This common law principle has had a profound impact on informed consent practices in healthcare.

Another area where common law influences healthcare policy is in the development of patient privacy rights. While federal laws like the Health Insurance Portability and Accountability Act (HIPAA) provide a framework for protecting patient information, common law principles also play a role in defining the scope of patient privacy rights. For instance, the case of Roe v. Wade (1973) recognized a patient’s right to privacy in making medical decisions, including the decision to terminate a pregnancy. This common law principle has influenced subsequent healthcare policies related to patient confidentiality and autonomy.

Overall, common law has had a significant impact on healthcare policy by filling gaps in statutory law, establishing legal standards, and shaping judicial interpretations of healthcare-related issues. It provides flexibility for courts to adapt legal principles to evolving healthcare practices and societal norms. As healthcare continues to evolve, common law will likely continue to play a crucial role in shaping legal standards and policy decisions in the United States.