What is Health Care Law? How to Find a Health Care Lawyer

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What is Health Care Law?

Health care law governs the state and federal regulations and rules as they relate to the healthcare industry. It was recently transformed through the enactment of the Affordable Health Care Act. It has numerous subparts including contract law, medical malpractice, medical, administrative law and public health law. Regulations, sanctions, and penalties for failure to comply with regulations also fall under health care law. In addition to this, it also handles areas of law such as bioethics, insurance law, and end-of-life treatments.

Governing Law

While all states have some form of health care law, the new federal laws passed through the Affordable Health Care Act have transformed it into a primarily federal arena. While case law will have some impact on the interpretation of various parts of the code, most of the code is based on the actual law that was passed and can be found in the Affordable Health Care Act. It is also supplemented by federal and state laws that were not superseded by this Act. In some respects, it is also affected by constitutional law. Constitutional concerns are determined by case law rather than code.

Reasons for Hiring an Attorney

The most common reasons for hiring an attorney because of a health care violation that relates to a denial of a procedure, coverage, or some similar event that relates to your rights as a patient. In some cases, you may need to hire an attorney or law firm to assist you with a matter before it reaches the litigation stage. This is most common you have been denied coverage preemptively. The purpose of an attorney in a healthcare lawsuit is not necessarily to go to court. In some cases, the attorney for the law firm will simply help you to demonstrate how serious you are about obtaining medical services. Another reason for hiring an attorney in this area of law stems from medical malpractice suits. In situations where you have been harmed or misdiagnosed, you will need representation to pursue action against the physician and the medical facility.

Things to Look for in a Health Care Lawyer

Since health care law has recently changed, it is good to look for a health care law attorney who has been certified in states that offer certification. If your state does not offer certification processes through its state bar association, you can look for attorneys who have a past history of dealing with health care laws, insurance proceedings, and medical malpractice. However, do not be surprised if there is still some learning curve. Legislators and judicial officials are still trying to understand what exactly the Affordable Health Care Act entails. This means that a law firm may also be struggling to understand and interpret what this law means. This is another reason why it is important to hire someone to represent you in this matter.

As difficult as it is for legislators and judges and lawyers to understand and interpret this law, it is a nightmare for the average consumer who has not been trained in legal analysis. What the law says and what it might mean are not necessarily the same. For instance, you might assume that a day is 24 hours. However, in the Affordable Health Care Act a day has multiple definitions based on the section and the situation. It does not matter in law whether you have a good faith basis for believing a certain definition to apply. If the legal document or statute gives a particular definition, even if it makes no sense, that definition is the one that controls.

Health Care Law Blogs

  • How to Take Benefits from Loopholes in Health Care Law

    One of the downsides of the Affordable Health Care Act is that no one really knows what's in it. The actual contents of the law and the way that it will play out has been hotly debated, and it will continue to be debated until the full implementation...

  • Fighting an Incorrect Bill or Denial of Coverage

    In health care law, some of the more common disputes arise when a health insurance company refuses to cover an ailment or continues to charge for an incorrect bill. When these disagreements crop up, they are may be resolved amicably, but often times,...