Volume – 02, Issue – 01, Page : 01-
Evolution of ‘Responsive Regulation of Healthcare Laws’ as a Specialized Legal Domain

Author/s
Kofi Mensah
Digital Object Identifier (DOI)
Date of Publication
27 May 2022
Abstract :
This paper explores the intricate and dynamic field of health law, unveiling its multifaceted dimensions within the broader legal landscape. Originating as a recognized legal specialty in 1995, health law received official validation through board certification programs in states like Florida and Texas, signifying a transformative era where legal practitioners could be distinguished as specialists in navigating the complexities of healthcare. The regulatory strategies within health law, characterized by the paradigm of responsive regulation, showcase a nuanced approach responsive to the context, conduct, and culture of the healthcare industry. These strategies, spanning voluntarism, self-regulation, economic instruments, meta-regulation, and command and control mechanisms, epitomize a flexible and adaptive framework that balances incentives with sanctions to achieve public health goals. The symbiotic relationship between medicine and law unfolds within the doctor-patient relationship, a cornerstone explored within health law. From the duty to treat and the right to refuse treatment to fiduciary duties governed by statutes like HIPAA and nuanced dimensions of informed consent, this relationship underscores the intricate balance between medical autonomy and patient rights. Specialized education in health law, exemplified by Master of Laws (LL.M.) programs, becomes a transformative pathway for legal professionals seeking to deepen their expertise. Whether with a general focus on health law or specialized emphasis on global health law, public health law, forensic medicine, or related studies, these programs position attorneys as adept navigators of the complex legal landscape inherent in healthcare. Standards of care, causation, damages, and affirmative defenses constitute the intricate mosaic defining medical malpractice litigation, showcasing the interconnectedness of law and medicine. This research invites ongoing inquiry, positioning health law as a vital force in navigating the evolving horizons of human well-being at the crossroads of law and medicine.
Keywords :
Board Certification, Doctor-Patient Relationship, Global Health Law, Health Law, Informed Consent, Medical Malpractice, Medical Regulation, Regulatory Strategies in Healthcare, Responsive Regulation.
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