Healthcare is an important industry in any given society. Governments are actively involved in the dispensation of health. This is achieved through government regulations in the healthcare industry and the Public Health Service where the government protects the nation’s physical and mental health. The industry has legal issues and cases that come up (Miller, 5). The law governs the relationship between individuals and various organizations, as well as between these parties and the government. Ethics and the law are mutually exclusive, and without them, this sector would be a mess and one full of injustices. Health law ensures the quality of health care services delivered is high and safe. It ensures that people are treated in the right manner, and care is provided for the failure to which offenders are charged for their misdeeds and negligence (Pozgar, 12).
Government’s regulation in the Health care industry
The U.S. government regulates the healthcare industry for the common good of all stakeholders in the sector. In economics, the controls are not advisable since they cause imbalances in the equilibrium of demand and supply, and the prices involved thereby exploiting one part. According to economics, the market should be left alone as the equilibrium will be stabilized by the forces in the market (Pozgar 12). Areas of controls include the following:
- Regulation of physicians and other healthcare professionals: this includes a physician’s license to ensure the people working in the industry are qualified personnel for the safety and quality of health care services. The professionals included in the regulations are pharmacists, psychologists, and other occupational therapists (Pozgar, 12).
- Regulation of hospitals and other healthcare institutions: the regulations are about maintaining quality with expanded access and limited costs of the services.
- Regulation and administration of health care finances: health care services are very expensive, and for this reason, the government directly insures a third of the population.
- Regulation of drugs and healthcare products: there are institutions assigned to ensure the health safety of foods and pharmaceutical products.
- Regulation of public health: the government regulates large-scale health matters that may threaten the lives of the citizens such as giving funds for free vaccinations.
- Regulation of healthcare business relations: in this case, the government restricts the exploitation of its citizens. This is done through tax exemptions and subsidies on the cost of medicines.
Michael Jackson trial
The elements of negligence are the duty of care, breach of duty, factual causation, and proof by the jury. During the trial, all elements of negligence are met. The doctor had a duty of care to Michael as his doctor. He breached the duty of care by administering the strong medicine, which led to his demise and the court proved this. The doctor’s act of careless administration of drugs to Michael Jackson was malpractice as it is unethical and against the health, law to administer drugs carelessly. The act was criminal, and the man should be charged with the murder of Michael Jackson (Pozgar 12).
Healthcare is very crucial in society and the law should continue being enforced to ensure healthcare is dispensed in the right way. Regulations by the government are also an important factor as they ensure the smooth running of the health care sector. There should be access to health care facilities by all people, rich and poor. Health practitioners like Dr. Murray should face serious punishment for neglecting patients and causing deaths.
Miller, Robert D. Problems in Health Care Law. Sudbury (Mass.: Jones and Bartlett, 2006. Print.
Pozgar, George D. Legal Aspects of Health Care Administration. Sudbury, Mass: Jones & Bartlett Learning, 2012. Print.