Health Law as Private Law

Explains and examines the ethical, regulatory, and economic impacts of private health law on the United States healthcare system.

This volume explores the intersection of private law and health care, and how private law can be a tool for achieving health care reform or addressing public health problems. It includes innovative conceptualizations and advances inventive approaches to applying private health law that influence future policy, jurisprudence, and regulation.Health Law as Private Law delves into the complex relationship between private law and health care. During the COVID-19 pandemic, the importance of public ordering and state-created rules was evident, yet this work reveals the equally important role of private agreements in shaping health care policy. The volume's five sections – theory and structure, reproductive care, costs and financing, innovation and institutions, contracts and torts – include innovative conceptualizations and approaches to applying private law to health law. Chapters authored by leading experts explore how private law can be utilized to address significant health care and public health problems, and to achieve much-needed health care reform. Comprehensive and timely, Health Law as Private Law opens new pathways that will influence future policy, jurisprudence, and regulation. This title is also available as open access on Cambridge Core.