Chapter: “Health Law and Ethics”

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: 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, Harvard Public Law Working Paper No. 21-03, Available at SSRN: https://ssrn.com/abstract=3673357