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Medical law is the branch of law which concerns the prerogatives and responsibilities of medical professionals and the rights of the patient. [1] It should not be confused with medical jurisprudence , which is a branch of medicine , rather than a branch of law .
Health law is a field of law that encompasses federal, state, and local law, rules, regulations and other jurisprudence among providers, payers and vendors to the health care industry and its patients, and delivery of health care services, with an emphasis on operations, regulatory and transactional issues.
Physicians have a duty to act in their patients best interest and can be charged in a court of law if they fail to do so. On the other hand, a physician may be required to act in the interest of third parties if his patient is a danger to others. Failure to do so may lead to legal action against the physician. Medical jurisprudence includes:
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In common law jurisdictions, medical malpractice liability is normally based on the tort of negligence. [3]Although the law of medical malpractice differs significantly between nations, as a broad general rule liability follows when a health care practitioner does not show a fair, reasonable and competent degree of skill when providing medical care to a patient. [3]
A significant portion of emergency department visits are considered not to be EMCs as defined by EMTALA. The medical profession refers to such cases as "non-emergent". Regardless, the term is not recognized by law as a condition defined by the EMTALA statute. A term more relevant for compliance with EMTALA is "non-emergency medical condition".
The use of cannabis (also known as marijuana) for medical purposes is a notable medical necessity case. Cannabis is a plant whose active ingredients are widely reported by patients to be effective in pain control for various conditions, usually neuropathic in nature, in which common painkillers have not had great benefit.
A woman euthanizes her brother after he has medical problems. Jack Kevorkian: United States Michigan 1994 A medical doctor advocates for assisted suicide and the right to die. Robert Latimer: Canada Saskatchewan: 1993 A man euthanizes his child who has lived for years in pain. Karen Ann Quinlan case: United States New Jersey 1976