The healthcare sector is one of the country’s largest and most highly regulated sectors. With its many complexities and complicated legislation, health law inevitably requires specialized legal knowledge, bringing many opportunities for those who wish to bring their legal expertise to this fascinating sector.
Medical malpractice
One way attorneys function in the healthcare sector is by taking on cases of medical malpractice, where a patient or their family sues a medical organization for causing harm or even death. However, medical malpractice is not usually part of healthcare law. If this is the area that interests you, you will need to specialize in personal injury law rather than healthcare law.
Regardless of which legal area interests you, to become an attorney you will need a juris doctor (JD) degree. These are widely available at universities across the country, but taking the time for full-time in-person study is not practical for everyone. Online study can offer a more flexible option, and a good online course is just as thorough as its in-person counterpart. An excellent example of how high the standards can be are the online JD programs at Cleveland State University, whose specializations include health law. Ranked the number one part-time law school in Ohio and number 39 in the entire nation, this is certainly an effective way to gain the right qualifications and learn how attorneys operate in the healthcare sector.
Regulatory compliance
With medical regulations continually changing or updating, a significant part of a healthcare attorney’s role is taken up with making sure they are up to date on the latest changes, policies, and laws specific to their field or cases. Their clients might include hospitals, clinics, physician’s offices, pharmacies, and laboratories as well as individual medical practitioners, and the attorney will need to make sure they can give the correct advice in a fast-changing world.
Transactions
Like all businesses, transactions take place every day in the medical industry. Attorneys may be needed to draw up contracts for hiring staff or purchasing. Medical businesses are bought and sold, with attorneys required to oversee these transactions to their client’s satisfaction and in a way that complies with regulations and taxation requirements. The complexities of healthcare regulations means handling these transactions is different in the healthcare sector compared to other industries.
Tax issues alone can be a considerable proportion of a healthcare attorney’s work. With many hospitals being non-profit or tax-exempt, the legislation around taxation in the healthcare industry is unique in some areas.
Litigation
Although medical malpractice is usually handled by personal injury attorneys, litigation remains a significant element of the healthcare attorney’s role. A healthcare company or individual may need to take action against another company or individual, or an attorney may be needed to defend a company or individual against litigation. Litigation may also invoke government investigations, something that can be highly complex and generally requires experienced healthcare attorneys.
Fraud around Medicare and Medicaid payments is another weighty area. With so many laws around these areas alone, even with the specialized knowledge of the healthcare attorney, these cases are complex. But with many healthcare companies relying on Medicaid and Medicare payments for a large proportion of their income, it is essential that these cases are handled professionally.
Patient rights
Healthcare attorneys do not just work with medical companies and professionals. They are also involved in areas around patient rights. These rights include areas such as informed consent, where the medical practitioners are required to make sure the patient has sufficient information and capability to make decisions around their treatment. The right to medical privacy is another area where patient rights are key. This part of healthcare law can include controversial areas, such as the wish of a terminally ill patient for assisted suicide or the right to abortion in many parts of the country.
Drawing up legislation
Local, state, and national governments all require expert legal knowledge when drawing up healthcare legislation. With this legal expertise behind them, they can make sure the legislation is fair, makes sense, and is free of any loopholes that might render it obsolete.
Even when not required for drawing up legislation, governments, companies, and individuals alike may require advice as to how the legislation can be implemented and the implications it has for businesses, professionals, and patients.
Becoming a healthcare attorney
The complexity of healthcare law is one of the factors that draw many to the profession. Encompassing patient rights, litigation, legislation, and business, it is a varied area of the law where no two days will be the same. It is especially likely to appeal to those interested in science, ethics, and medicine. As everyone needs healthcare at some point in their lives, it is also an area that always feels relevant. And with an aging population with increasing healthcare needs, it is an area of law that is likely to only grow greater, giving excellent long-term job security for those who work in it. Additionally, changing regulations mean healthcare is an area of law where you are required to continually update your knowledge, never becoming stale or complacent.
To become a healthcare attorney, you will first need to acquire your juris doctor degree, usually taken after your bachelor’s degree. Although it is not essential to specialize in healthcare at this stage, if you are certain that this is the area for you and you have the option, it is well worth taking advantage of. It is also worth considering an internship or clerkship at a practice that specializes in healthcare law. Once you have acquired your JD, you will need to pass the bar in the state in which you want to practice.
Work can then be found in government offices, private law firms, and legal aid organizations. Through experience, you will hone your skills, gaining an ever greater understanding of the role an attorney plays in the healthcare sector.
