May 22, 2023, Posted by: Nia Latham

Can you give an example of common law in health care system?

Introduction to Common Law in Health Care

Common law, also known as case law, is a legal system that relies on previous court decisions to determine the outcome of current cases. In health care, common law plays an important role in shaping policies and practices to ensure patient safety and protect the rights of both patients and providers. In this article, we will discuss examples of common law in the health care system by exploring various legal concepts and cases that have shaped the industry.

Doctor-Patient Relationship and Duty of Care

The foundation of health care common law is the establishment of a doctor-patient relationship and the duty of care owed by the health care provider to the patient. This relationship is generally established when a provider agrees to treat a patient, and it creates a legal obligation for the provider to act in the best interest of the patient. The duty of care requires health care providers to exercise the same level of skill, knowledge, and care that a reasonably competent provider would in similar circumstances. This standard helps to ensure that patients receive quality care and protection from negligent actions by providers.

Medical Negligence and Malpractice

Medical negligence and malpractice are common law concepts that arise when a health care provider fails to meet their duty of care, resulting in harm to the patient. Medical negligence occurs when a provider's actions or inactions fall below the accepted standard of care, while medical malpractice refers to the legal claim that a patient can bring against a provider for negligence. Successful medical malpractice claims require proof that the provider breached their duty of care, that this breach directly caused the patient's harm, and that the patient suffered damages as a result.

Informed Consent

Informed consent is a fundamental principle in health care common law that requires providers to obtain a patient's voluntary and informed agreement before proceeding with any medical treatment or procedure. This involves disclosing all relevant information about the risks, benefits, and alternatives of a proposed treatment, and ensuring that the patient understands this information. If a provider fails to obtain informed consent, they may be held liable for medical malpractice if the patient suffers harm as a result.

Confidentiality and Privacy

Confidentiality and privacy are essential components of the doctor-patient relationship, and common law has established that health care providers have a duty to protect patient information from unauthorized disclosure. This duty is based on the principle that patients should be able to trust their providers with sensitive information and that maintaining confidentiality is necessary for effective health care. Breaches of patient confidentiality can result in legal claims for invasion of privacy or even medical malpractice in some cases.

End-of-Life Decisions and Advance Directives

End-of-life decisions and advance directives are areas of health care common law that deal with a patient's right to make decisions about their medical care in the event that they become unable to do so. Advance directives, such as living wills and durable powers of attorney for health care, allow patients to express their wishes regarding life-sustaining treatment and designate a surrogate decision-maker. Common law has established the importance of respecting patient autonomy in these situations and the legal validity of advance directives.

Professional Liability and Vicarious Liability

Professional liability and vicarious liability are legal concepts in health care common law that address the responsibility of health care providers and organizations for the actions of their employees. Professional liability refers to the legal responsibility of providers for their own actions, while vicarious liability, also known as respondeat superior, holds health care organizations accountable for the actions of their employees. This means that a hospital or clinic may be held liable for the negligence of their employees, even if they were not directly involved in the patient's care.

Scope of Practice and Credentialing

Scope of practice and credentialing are common law concepts that define the boundaries of a health care provider's practice and ensure that providers have the necessary skills, training, and qualifications to provide care. Scope of practice refers to the specific tasks and procedures that a provider is legally allowed to perform, while credentialing is the process of verifying a provider's qualifications and competency. Common law in this area helps to protect patients from harm by ensuring that providers are competent and practicing within their legal limits.


Common law plays a critical role in shaping the health care system and protecting the rights and safety of both patients and providers. By understanding the various concepts and cases that constitute health care common law, we can gain a better understanding of the legal framework that governs the industry and ensure that patient care remains at the forefront of our efforts. As the health care system continues to evolve, common law will undoubtedly continue to adapt and respond to new challenges and developments in the field.


Nia Latham

Nia Latham

I'm a news enthusiast and journalist who loves to stay up to date with the latest events. I'm passionate about uncovering the truth and bringing awareness to important issues. I'm always on the lookout for a great story to share with the world.

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