Chapter: “Health Law and Ethics”

In Health Systems Science (Susan Skochelak, ed., 2d ed. Elsevier 2019).

U of Penn Law School, Public Law Research Paper No. 20-27

41 Pages Posted: 17 Aug 2020

See all articles by William M. Sage

William M. Sage

University of Texas at Austin School of Law; University of Texas at Austin - Dell Medical School

I. Glenn Cohen

Harvard Law School

Allison K. Hoffman

University of Pennsylvania Carey Law School

Date Written: 2019

Abstract

Law and ethics are both essential attributes of a high-functioning health care system and powerful explainers of why the existing system is so difficult to improve. U.S. health law is not seamless; rather, it derives from multiple sources and is based on various theories that may be in tension with one another. There are state laws and federal laws, laws setting standards and laws providing funding, laws reinforcing professional prerogatives, laws furthering social goals, and laws promoting market competition. Complying with law is important, but health professionals also should understand that the legal and ethical constraints under which health systems operate must themselves adapt if health systems science is to advance.

Keywords: Law & ethics, health care systems, fiduciary duty, conflict of interest, professional self-regulation, market competition, fraud, abuse, privacy, confidentiality, health insurance, informed consent to treatment, medical malpractice & redressing error, withholding & withdrawing care

JEL Classification: I11, I13, I14, K32

Suggested Citation

Sage, William Matthew and Cohen, I. Glenn and Hoffman, Allison K., Chapter: “Health Law and Ethics” (2019). In Health Systems Science (Susan Skochelak, ed., 2d ed. Elsevier 2019)., U of Penn Law School, Public Law Research Paper No. 20-27, Available at SSRN: https://ssrn.com/abstract=3673357

William Matthew Sage

University of Texas at Austin School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States

University of Texas at Austin - Dell Medical School ( email )

Austin, TX 78712

I. Glenn Cohen

Harvard Law School ( email )

1525 Massachusetts Avenue
Griswold Hall 503
Cambridge, 02138
United States

Allison K. Hoffman (Contact Author)

University of Pennsylvania Carey Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States

HOME PAGE: https://www.law.upenn.edu/cf/faculty/ahoffma1/

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