Background on the topic
The law is an area common for various disciplines and professions. Most legal issues are aimed at considering conflicts on the violation of some rights and breaches in confidentiality. The ways of reasoning in law are different, while each country has a certain legal system and implements a certain way of reasoning (Eisenberg, 1991, p. 50). There are several modes of legal reasoning including reasoning from precedent, from principle, from analogy, from doctrines established in the literary sources for professional use, and from hypotheticals. The law is a set of rules and regulations, though some issues in this sector are difficult to define in terms of legal usage with regard to everyday life. The study by Kelsen (2007) evidences that the law is a concept that has different definitions in common life and legal issues (pp. 75-76). In this respect, the right for being treated in accordance with the legal basis of a certain country is an integral part of our understanding of the concept of ‘right’. According to Miller & Hutton (2004), the law is a method of regulating different conflicts and disputes occurring between people in a society (p. 1). As human society consists of absolutely different individuals, it is necessary to adopt laws, norms, and rules to be capable of solving the problems before those may be encountered.
Major points of discussion
The sector of health care as it exists in contemporary society is a vulnerable issue that requires a high degree of different regulations and problem-solving methods, especially when one party refuses to bear responsibility for certain actions, omissions, or professional negligence. The patients need certain laws that would provide them with rights to defend their interests without being criticized. Moreover, legal issues in healthcare management should be considered in the first place because the organization of the health care process is sure to influence the effectiveness of health care, especially in emergencies.
Health Care Management
The case of La Coste v. Pendleton
The health care delivery can be provided inappropriately because of professional negligence and other issues that can be avoided in case of sufficient health care management (Runciman, Merry, & Tito, 2003, p. 974). Though regulatory issues are not the only reasons for the occurrence of legal cases in the health care sector, health care management is important in different situations including everyday life health care delivery as well as emergencies, suchlike those caused by natural disasters or anthropogenic catastrophes. The study by Frankel (1994) demonstrates the importance of health care reforms and other issues that can improve the level of health care delivery provided by hospital and health care centers staff members. According to Katrina Lawsuit (2010) an adequate evacuation plan and certain measures to provide the health care establishment with electrical power during some natural disasters or other emergencies should be available. The breach of such rules can be the reason for the legal case. The consequences of inadequate health care management can be damaging for the health care establishment, its staff, and patients. Regardless of the areas and natural environment, the evacuation plan and some contingency measures should be taken to assure the patients of their safety during the treatment. Moreover, while failing to enable the patients the administration of a health care establishment risks reputation damage and loss of certification.
The consequences of regulations
The most common consequences of regulations include improvement in health care management and taking contingency measures as a must-have issue for health care providers. When people stop trusting the government, they elect another candidate; when people stop trusting their health care providers, they are likely to suffer from incurable diseases and other matters that can result in irreversible consequences for the health of the nation. The improvements should concern all health care establishments providing the population with all types of treatment and care. The improvements should include necessary measures appropriate for all establishments, suchlike backup generators, and adequate evacuation plans.
As a rule, people can suffer from some external factors, suchlike natural phenomena or disasters, or the actions of other people. When other people influence your health, they can provide you with some assistance and facilitate your treatment, while others can damage your health in terms of the negligence of their professional duties. The case of LaCoste v. Pendleton demonstrates that negligence in health care management can lead to terrible consequences including the death of a patient because of the inadequate evacuation plan and inappropriate work and maintenance of backup generators for electrical power (Katrina Lawsuit, 2010).
The most appropriate measure to provide patients with adequate treatment is to implement some regulations in health care establishments concerning the contingency measures regardless of the area, region, and frequency of emergencies. The measures should be taken in order to prevent patients from inappropriate treatment and the health care establishments from legal cases occurrence; in other words, it is necessary to make everything possible to avoid breaches of patients’ rights.
- Eisenberg, M. A. (1991). The nature of the common law. Harvard: Harvard University Press.
- Frankel, J. J. (1994). Medical Malpractice Law and Health Care Cost Containment: Lessons for Reformers from the Clash of Cultures. The Yale Law Journal, 103 (5), pp. 1297-1331.
- Katrina lawsuit could bring new liability risk for hospitals. (2010). Healthcare Risk Management, 2010 Mar; 32 (3), 25-28.
- Kelsen, H. (2007). General theory of law and state. Clark, NJ: The Lawbook Exchange, Ltd.
- Miller, R. D., & Hutton, R. C. (8th ed.). (2004). Sudbury, MA: Jones & Bartlett Learning.
- Runciman, W. B., Merry, A. F., & Tito, F. (2003). Error, blame, and the law in health care – an antipodean perspective. Annals of Internal Medicine, 138 (12), 974-979.