The History and Philosophy of Law in Health Care and its Effect on Standard of Care in the United States and the United Kingdom

14 Pages Posted: 30 Nov 2018

Date Written: June 23, 2017

Abstract

The United States and the United Kingdom are two very different countries when it comes to the role of government in health care and the practice of law. Differences in legal philosophy have directly affected the practice of health care and the concept of ‘standard of care’ in both the United States and the United Kingdom. However, these differences are a recent occurrence. For per the concept of standard of care, the United States and the United Kingdom share a common history and common originating philosophy. From the period when the first English colonies were being established in North America to the early part of the 20th century, medical practice and the concept of standard of care were very similar in the United States and the United Kingdom. The similarity between the two countries came to an end with the enactments of the National Health Service Acts of 1946, 1947, 1948, and the landmark court ruling in Bolam v. Friern Hospital Management Committee in 1957.

Keywords: standard of care, healthcare law

Suggested Citation

Von Batten, Karl, The History and Philosophy of Law in Health Care and its Effect on Standard of Care in the United States and the United Kingdom (June 23, 2017). Available at SSRN: https://ssrn.com/abstract=3289394 or http://dx.doi.org/10.2139/ssrn.3289394

Karl Von Batten (Contact Author)

Montague York ( email )

Washington, DC
United States

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