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For example, the Employee Retirement Income Security Act of 1974 (ERISA) generally preempts state laws related to employer-sponsored health plans. Below is a selection of Supreme Court cases involving health care, arranged from newest to oldest.
- Assault and Battery. Assault and battery are intentional torts. Assault is defined as intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact.
- False Imprisonment. False imprisonment is an intentional tort. False imprisonment is defined as an act of restraining another person and causing that person to be confined in a bounded area.
- Privacy and Confidentiality. Breaching privacy and confidentiality are intentional torts. Confidentiality is the right of an individual to have personal, identifiable medical information, referred to as protected health information, kept private.
- Slander and Libel. Slander and libel are intentional torts. Defamation of character occurs when an individual makes negative, malicious, and false remarks about another person to damage their reputation.
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What is civil law & how does it work?
A tort is a civil wrong committed upon an individual or as typically termed in healthcare, medical malpractice which falls under the legal doctrine of negligence . Strict liability (like medically defective products) is a legal doctrine that causes someone to be liable for the damages their actions or product causes regardless of fault.
Jul 23, 2013 · Title VI of the Civil Rights Act of 1964 protects persons from discrimination based on their race, color, or national origin in programs and activities that receive Federal financial assistance. If you are eligible for Public Assistance, Medicaid, or other social services, you cannot be denied assistance because of your race, color, or national ...
Dec 7, 2018 · There were five cases that stood out as examples of both the scope of the Litigation Center’s docket and the gravity of the issues for which they advocate on behalf of physicians and their patients.
Aug 12, 2023 · 1 The Duty to Treat. 2 Provider Malpractice and Liability. 3 Informed Consent. 4 Confidentiality and HIPAA. 5 End of Life Care. 6 Drug Regulation. 7 Products Liability and Preemption. 8 Public Health. 9 Coverage, Regulation, and ERISA. 10 Medicaid and Medicare. 11 Fraud and Abuse. 12 Licensing. 13 Antitrust and the Business of Health.
May 22, 2023 · In addition to criminal penalties that may arise in relation to conduct affecting reproductive health care providers, federal law provides for civil remedies where private parties or the federal or state governments bring suit.
