Legal Foundations of Healthcare


LegalFoundations of Healthcare

LegalFoundations of Healthcare

Thenature and scope of healthcare policies and laws guiding theoperations in the industry takes roots from different quarterstowards its successfulness in the modern days. The modern healthcaresystem has individual’s critical consciousness in their rights thatare stemmed by both the constitution and natural laws. As such, thehealthcare institutions formulate or enact various regulatorypolicies and laws that ensure the employees and clients receive theirrights of standardized care. However, many researchers and scholarstry to establish the origin and changing scope of the health sectorin order to unearth how the doctrine respondeatsuperioris applied to the modern society. As such, this paper has identifiedone peer-reviewed article to demonstrate how the scholars try toexplain the concepts of legalfoundations of healthcare.

Theidentified article is titled“Health Care Reform: Ethical Foundations, Policy, and Law” (Sade,2012). The article provides relevant information that demonstratesthe origin of ethical concepts, law, and policies that areencompassed in healthcare sector to streamline its operations. Theauthor starts by noting the role of political system in influencingthe economic system including the healthcare framework. This explainsthe governmental intervention to dominate in formulating the policiesthat drive healthcare institutions including the protection ofemployees and delivery of quality health care. For instance, theidentification of ethical or moral justifications explains thefoundational of healthcare culture including giving the employeestheir rights to deliver the care services with dual diligence andcare. Specifically, the journal article explains the trends ofvarious concepts in healthcare foundations including the change fromhuman nature to natural rights as a way of dealing with real-worldissues affecting the global population. Other concepts discussed inthe article including the trends from natural rights to thenon-interfered principles, ethical to political principles, andethical importance of planning for healthcare needs. The article alsocontemplates about the impacts of healthcare reforms that start bytracing the origin of healthcare systems. In addition, the authordiscusses the effectiveness of systematic reforms includinghealthcare costing policies and the management efforts that protectthe interests of care providers.

Therefore,the article provides a clear understanding and depiction ofrespondeatsuperiordoctrine b providing a systematic discussion about the ethical valuesand policies that streamlines the healthcare operations. As such, itdiscusses about the laws that warrant all employers and healthcareorganizations in health industry to be responsible of any actions oftheir stakeholders. For instance, it discusses about ethical valuesand economic freedom of healthcare sector in order to have the rightsof delivering the services in a cohesive management system(Engelhardt,1996).

Eventhough the article discusses about the progressive or trendingfactors, this critique essay have found out that the author did notfocused on the innovations including in the health insurance or theinequality between the individual and employees taxation. Therefore,the scholars and researchers need to conduct thorough studies aboutthe innovative techniques that provide a foundational framework tothe healthcare system. Such innovative ideas would create a clearunderstanding about the employees’ rights as a way of deliveringthe services in an eloquent manner. Therefore, it is logical to judgethe employers in regards to the behaviors of their employees sincethey are granted the rights to formulate the workplace policies thatprotect any unethical behavior. Moreover, the management ofhealthcare organizations is warranted the responsibilities ofimplementing the protective measures formulated by the regulatoryauthorities in any jurisdiction.


Engelhardt,H.T. (1996). TheFoundations of Bioethics. New York:Oxford University Press

Sade,R. (2012). Health Care Reform: Ethical Foundations, Policy, and Law.Journalof the American College of Surgeons, 286-296.