Medical law is the branch of

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

which concerns the

prerogative In law, a prerogative is an exclusive right bestowed by a government or state and invested in an individual or group, the content of which is separate from the body of rights enjoyed under the general law. It was a common facet of feudal law. Th ...

s and responsibilities of medical professionals and the rights of the patient. It should not be confused with

medical jurisprudence Medical jurisprudence or legal medicine is the branch of science and medicine involving the study and application of scientific and medical knowledge to legal problems, such as inquests, and in the field of law. As modern medicine is a legal ...

, which is a branch of

medicine Medicine is the science and practice of caring for a patient, managing the diagnosis, prognosis, prevention, treatment, palliation of their injury or disease, and promoting their health. Medicine encompasses a variety of health care pr ...

, rather than a branch of

Branches

Branches of medical law include: * the law of

torts A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishab ...

(i.e.

medical malpractice Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient. The neglige ...

). *

criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law ...

in relation to medical practice and treatment. * the

ethics Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong behavior".''Internet Encyclopedia of Philosophy'' The field of ethics, along with aesthetics, concer ...

of medical practice. * health law and regulation

Administrative law

Health professional's fitness to practise is regulated by

medical licensing A medical license is an occupational license that permits a person to legally practice medicine. In most countries, a person must have a medical license bestowed either by a specified government-approved professional association or a gover ...

. If concerns are raised regarding a health professional the licensing body may choose to suspend or reject their license.

Education to work in medical law

A career in Medical Law usually requires a bachelor's degree in bioethics, government, healthcare management or policy, public or global health, or history. Prospective medical lawyers must take the LSAT to apply and gain admission to Law School to obtain their Juris Doctor Degree. Finally, to further their education or obtain a higher position, Medical Lawyers may earn a Masters of Law Degree and/or a PhD in Healthcare Law or Global Law.

Career descriptions in the field of medical law

* Reviewing medical documents, files, and receipts in connection with a medical lawsuit. * Medical lawyers advise legal clients on their rights during trial. * May keep evidence intact and preserved for trial (such as defective medicines or medical equipment). * May interpret medical laws, standards, and guidelines in the area (they can often vary by region and by medical practice). * Medical lawyers typically assist victims in obtaining a damages award to compensate them for their losses and injuries. * Medical lawyers often represent clients in the healthcare industry in connection with general corporate matters, including corporate reorganization, capital financing, employee benefits, tax, and antitrust issues and general contract negotiation. They often provide advice regarding physician recruitment, acquisition of physician practices, and medical staff relations matters. Medical lawyers also provide guidance concerning Medicare and Medicaid fraud, abuse and payment issues, and telemedicine and health reform issues.

References

Notable cases

Sorrell v. IMS Health Inc. ''Sorrell v. IMS Health Inc.'', 564 U.S. 552 (2011), is a United States Supreme Court case in which the Court held that a Vermont statute that restricted the sale, disclosure, and use of records that revealed the prescribing practices of individual ...

* Airedale NHS Trust v Bland 9931 All ER 821 HL http://www.bailii.org/uk/cases/UKHL/1992/5.html * Montgomery v Lanarkshire Health Board

015 Fifteen or 15 may refer to: *15 (number), the natural number following 14 and preceding 16 *one of the years 15 BC, AD 15, 1915, 2015 Music *Fifteen (band), a punk rock band Albums * ''15'' (Buckcherry album), 2005 * ''15'' (Ani Lorak albu ...

UKSC 11 https://web.archive.org/web/20180512202252/https://www.supremecourt.uk/decided-cases/docs/UKSC_2013_0136_Judgment.pdf

External links

Institute of Medicine & Law www.imlindia.com National Convention on Medicine & Law {{Authority control