Health Care Law and Legislation: Week 2 Critical Reflection Paper

This report is a critical reflection on health care law and legislation, focusing on the application of legal principles to a healthcare setting. The assignment covers key aspects of health law, including contract law, criminal law, and civil procedure. It explores the definitions and purposes of criminal law, classifications of crimes, and the criminal procedure process. The paper also examines tort law, including negligence and intentional torts, and the objectives of tort law. Furthermore, it delves into contract law, its elements, and the importance of contracts in healthcare. The student provides a critique of the provided articles, reflecting on their understanding and ability to apply the readings to their health care setting. The paper concludes by emphasizing the significance of health laws and legislation in maintaining security and promoting positive relationships within healthcare environments. The student also reflects on how the provided chapters and articles changed their thoughts about civil procedures and the judge's role.

Health Care Law and Legislation 1
Health Care Law and Legislation
Name
Institution
Date

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Introduction
Health law and legislation refers to ethics and regulations which are set in health centers to
ensure that everything runs smoothly. Health law deals with cases that involve patients and
health staff. These laws are enforceable by the court of law. Examples of health laws;
 Contract law – it refers to an agreement between two or more parties whose obligations
are legally binding. Breach of the contract is punishable accordingly by the court of law.
 Criminal law – refers to the law of criminal acts of breaking of the statutory law.
Breaking of the law can lead to fines, imprisonment or forfeiture of personal rights.
 Civil Procedure & Trial Practice – civil procedure is a law that sets out standards of
laws that the court should use when adjudicating civil law suits. Trial practice is a case
where there was litigation then the lawyers govern the lawyers’ conduct of the trial.
 Law of tort - a tort is a civil wrong. It causes harm, injury or loss to the complainant.
Harm describes loss or a fact that an individual suffers
2. Your Critique
What is your reaction to the content of the articles?
Crimes committed against health care laws should be reported for the relevant punishment to be
served so that it can serve as an example to others. This will improve patients’ safety at
healthcare centers and also create good relationship between doctors and patients.
What did you absorb about the tort law and their purpose?
• Being negligent by committing an act that a normal prudent person wound not do under a
certain circumstance is a tort and is punishable by the court of law. The purpose of

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making negligence a tort is to ensure patients and health care staff is living peacefully.
(Rhodes & Segre, 2013).
• Intentional wrong acts to others against their will is a tort, its purpose is to enhance
respect and peace among people living together. (ibson, Herring, Kutcher, & Broglio,
2015).
• Tort acts on compensation to indemnify the party which has been harm. this is to discourage
people from committing other tortuous acts in future
What did you acquire about criminal law, its classification and purpose?
Criminal law is classified into; misdemeanors, felonies and infractions (Feldstein & Feldstein,
2016).
Purpose
 Maintain law and order among people
 To protect the weak in the society from being misused by the strong
 It provides rehabilitation for criminals
What did you learn about contract, the elements of a contract and the contract law?
A contract enhances understanding among the parties entering into a contract thus reducing
disputes .it enables parties to be specific about what they expect from each other.
Elements of a contract
 Offer.
 Parties entering into a contract
 Acceptance.
 Consideration.

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 Mutuality of Obligation.
Did these Chapter and articles change your thoughts about the civil procedures, trial
process and the purpose of the Judge’s charge to the jury? Yes. How? By the idea of Res
Ipsa Loquitur when you have a burden of proof by letting the thing speaks for itself, also, Legal
doctrine that shifts the burden of proof from the plaintiff to the defendant.
Conclusion
Health laws and legislation are important because they serve as strategies of lining up daily
healthcare activities at health care centers. These laws help to improve the relationship between
patients and health care staff. For example, the patient should not breach the agreement to pay
for the health services and the health care staff has the responsibility of administering treatment
services to the patients in the right way. Health laws play a major role in health centers by
maintaining security and protecting patients from harm although sometimes these laws are
usually broken in cases where patients are sexually assaulted; wrong medication is administered
to patients etc. these mistakes are punishable by the court of law.

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References
Feldstein, P. J., & Feldstein, P. (2016). The politics of health legislation: An economic
perspective (pp. 204-5). Ann Arbor, Mich: Health Administration Press Perspectives.
Rhodes, A. M., & Segre, L. S. (2013). Perinatal depression: A review of US legislation and
law. Archives of women's mental health, 16(4), 259-270.
ibson, T. B., Herring, S. A., Kutcher, J. S., & Broglio, S. P. (2015). Analyzing the effect of state
legislation on health care utilization for children with concussion. JAMA pediatrics, 169(2), 163-
168.