Criminal Lawyer - Find Attorneys in Over 70 Practice Areas

Health-Care-Law

What Is Health Care Law?

Health care law involves federal, state, and local laws and regulations relating to health care patients, providers, and vendors to the health care industry. Health care attorneys represent the entire spectrum of the health industry ranging from physicians and hospitals to health insurers to consumers.

Health care law concerns many issues, including public health and safety, medical malpractice, patient rights and privacy, licensing of health care professionals, managed care, insurance, medical ethics, diseases and infections, hospitals and other care facilities, and Medicare and Medicaid issues.

Health care attorneys can assist clients in making many important, sometimes life-altering, decisions. For example, a health care attorney can help a client in choosing a Medicaid plan and then filing claims and getting paid in accordance with that plan. A health care attorney may also aid a client in arranging long-term care for a loved one. A health care attorney can help a client to set up advance directives to make the patient's wishes known about medical treatment before the patient needs the care, such as arranging power of attorney and writing living wills.

What Is Power Of Attorney?

A power of attorney is a legal instrument that is used to delegate legal authority to another. A written document is signed by a person giving another person the power to act in conducting the signer's business, including signing papers and making financial, property, and legal decisions in the name of the person granting the power. The person who signs (executes) a power of attorney is called the Principal. The person receiving the power of attorney is called an Agent or Attorney-in-Fact. A power of attorney may expire on a date stated in the document or upon written cancellation. A power of attorney for health care appoints an Agent to direct health care decisions should the Principal be unable to do so.

There are two types of power of attorney. A Non-Durable power of attorney grants powers limited to specific matters, such as handling specific financial matters or health care decisions. A power of attorney may expire on a date stated in the document or upon written cancellation. A Durable power of attorney covers all activities and is effective until it is revoked by the Principal, or until the Principal's death. In some jurisdictions, a durable power of attorney can also function as a living will. Each state has its own rules as far as the form and elements required to create a valid power of attorney; a health care lawyer can explain the requirements in your state.

What Is A Living Will?

A living will is a document in which a person appoints someone as his/her representative to make health-care decisions should the person become incapacitated and unable to give informed consent. A living will usually covers specific directives as to the course of treatment that is to be taken by caregivers, or, in particular, in some cases forbidding treatment, such as prohibiting the use of life-support. Again, the requirements differ from state to state, so a health care attorney can be an excellent resource.

When Should I Contact A Health Care Lawyer?

Decisions about your health care or the care of loved ones can often be difficult and complicated. Dealing with insurance and health care providers can be frustrating and confusing. A health care attorney can help you make sense of the complex decisions and issues related to health care.