THE LEGAL ENVIRONMENT
Health care professionals face many different legal responsibilities to their patients and society, and are bound by laws the general population does not routinely encounter (McTiegue & Lee, 2014). No one can deny that we live in a society dominated by an increasing, and some would say excessive, extent by legal rules and processes (Hodgson, 2014). In order to practice effectively, health care professionals must have a solid understanding of the legal environment in which they care for their patients.
Law is the formalization of a body of rules of action or prescribed conduct that is enforced by binding legal authority; or it is the sum total of rules and regulations by which society is governed (Westrick, 2013). Laws regulate the actions of the members of the community or society they govern. When they are broken, penalties are imposed (Oxford University Press, 2015).
Laws reflect the specific values of the society in which they have been created, and so “the law” is an ever-changing concept subject to modification. “The law reflects the will of the people as represented by legislative or judicial bodies (almost all of whom are elected) that enact the law or interpret the law (Westrick, 2013, p. 3).”
Sources and Types of Law
There are several sources of law in the United States and several types of law that provide a framework for the legal environment in the U.S. These include the following:
- Constitutional law
- Administrative law
- Common law (also called case law)
Constitutional law is the organizational framework of a system of laws or principles that govern a nation, system, corporation, or other organization. It has the following characteristics (Rosedahl & Kowalski, 2008; Westrick, 2013):
- It forms the basis of how that entity will be governed.
- The U.S. Constitution (and its amendments) is the supreme law of the United States and identifies the general organization of the government and the powers and limitations of the federal government.
- The first 10 amendments of the U. S. Constitution (known as the Bill of Rights) are the best-known limitations on the powers of the U. S. government. These incorporate such concepts as free speech, freedom of religion, and the right not to be deprived of life, liberty, or the pursuit of happiness without due process of law.
- Any rights not expressly granted to the federal government are reserved for the states.