Thursday, June 19, 2025
ISSN 2765-8767
  • Survey
  • Podcast
  • Write for Us
  • My Account
  • Log In
Daily Remedy
  • Home
  • Articles
  • Podcasts
    Navigating the Medical Licensing Maze

    The Fight Against Healthcare Fraud: Dr. Rafai’s Story

    April 8, 2025
    Navigating the Medical Licensing Maze

    Navigating the Medical Licensing Maze

    April 4, 2025
    The Alarming Truth About Health Insurance Denials

    The Alarming Truth About Health Insurance Denials

    February 3, 2025
    Telehealth in Turmoil

    The Importance of NIH Grants

    January 31, 2025
    The New Era of Patient Empowerment

    The New Era of Patient Empowerment

    January 29, 2025
    Physicians: Write Thy Briefs

    Physicians: Write thy amicus briefs!

    January 26, 2025
  • Surveys

    Surveys

    Perception vs. Comprehension: Public Understanding of the 2025 MAHA Report

    Perception vs. Comprehension: Public Understanding of the 2025 MAHA Report

    June 4, 2025
    Understanding Public Perception and Awareness of Medicare Advantage and Payment Change

    Understanding Public Perception and Awareness of Medicare Advantage and Payment Change

    April 4, 2025

    Survey Results

    Do you believe national polls on health issues are accurate

    National health polls: trust in healthcare system accuracy?

    May 8, 2024
    Which health policy issues matter the most to Republican voters in the primaries?

    Which health policy issues matter the most to Republican voters in the primaries?

    May 14, 2024
    How strongly do you believe that you can tell when your provider does not trust you?

    How strongly do you believe that you can tell when your provider does not trust you?

    May 7, 2024
  • Courses
  • About Us
  • Contact us
  • Support Us
  • Official Learner
No Result
View All Result
  • Home
  • Articles
  • Podcasts
    Navigating the Medical Licensing Maze

    The Fight Against Healthcare Fraud: Dr. Rafai’s Story

    April 8, 2025
    Navigating the Medical Licensing Maze

    Navigating the Medical Licensing Maze

    April 4, 2025
    The Alarming Truth About Health Insurance Denials

    The Alarming Truth About Health Insurance Denials

    February 3, 2025
    Telehealth in Turmoil

    The Importance of NIH Grants

    January 31, 2025
    The New Era of Patient Empowerment

    The New Era of Patient Empowerment

    January 29, 2025
    Physicians: Write Thy Briefs

    Physicians: Write thy amicus briefs!

    January 26, 2025
  • Surveys

    Surveys

    Perception vs. Comprehension: Public Understanding of the 2025 MAHA Report

    Perception vs. Comprehension: Public Understanding of the 2025 MAHA Report

    June 4, 2025
    Understanding Public Perception and Awareness of Medicare Advantage and Payment Change

    Understanding Public Perception and Awareness of Medicare Advantage and Payment Change

    April 4, 2025

    Survey Results

    Do you believe national polls on health issues are accurate

    National health polls: trust in healthcare system accuracy?

    May 8, 2024
    Which health policy issues matter the most to Republican voters in the primaries?

    Which health policy issues matter the most to Republican voters in the primaries?

    May 14, 2024
    How strongly do you believe that you can tell when your provider does not trust you?

    How strongly do you believe that you can tell when your provider does not trust you?

    May 7, 2024
  • Courses
  • About Us
  • Contact us
  • Support Us
  • Official Learner
No Result
View All Result
Daily Remedy
No Result
View All Result
Home Politics & Law

How to Enforce Health Laws

Daily Remedy by Daily Remedy
June 7, 2022
in Politics & Law
1
How to Enforce Health Laws

Entrepreneurs will tell you success is in the execution. Anyone can come up with an idea, but the execution of it separates the pretenders from the real empire builders.

The same goes for many healthcare laws, which have undergone radical revisions in recent weeks. The laws may have changed, but enforcing those changes will be particularly difficult.

Healthcare laws rely heavily on tips and expert witnesses – meaning healthcare self-regulates. When RaDonda Vaught was indicted because of a fatal medical error, the prosecutors brought a slew of expert witnesses to testify the medical error rose to the level of being a crime.

There is no legal argument for healthcare behavior to be considered a crime or worthy of legal liability – civil or otherwise. There is no standard legal theory or method of adjudication. It comes down to medical experts and witnesses. It comes down to self-regulation.

When a physician makes a mistake, it is reported by someone to the medical licensing board or state attorney general’s office. That office then initiates an investigation, gathering experts and witnesses to testify against that physician. Sanctions against that physician essentially depend on the interpretation of others. If other medical professionals believe that person committed a crime, then he or she did.

In this way, healthcare is only bound by the laws it chooses to adhere to. If a law is medically unjust, healthcare can effectively nullify it by standing in solidarity against it. The only problem is in healthcare, we lack such unity.

We have no shortage of healthcare providers clamoring to be expert witnesses or to showcase their charisma on media outlets. It is endemic to the field. But the same physician or nurse seeking personal glory is the one who will testify against a colleague in the court of law.

No other profession behaves like this. Law enforcement has immense union protections for its members to where officers cited for multiple misconduct violations can continue to work in that department. Federal agencies place immense stigma against those who whistle-blow or testify against former associates, even in cases of legitimate federal misconduct – and good luck getting any lawyer to testify against another one of its own kind.

Yet healthcare has no shortage of expert witnesses and purported legal experts. No shortage of professionals willing to bend medical data or interpret medical information a certain way to justify a given legal stance. As a result, we see opioid litigation essentially boiling down to testimonies from competing expert witnesses. It is professional cannibalism. No one wins when litigation outcomes distill down to different interpretations of clinical knowledge.

It is time we protect the integrity of healthcare by demonstrating a sense of solidarity.

Healthcare has always been and will always continue to be a self-regulating entity. No law can change the standard of care in medicine so long as those practicing medicine adhere to good patient care. We in healthcare define what it means.

So instead of fighting non-clinically trained politicians or law-makers for the healthcare laws they enact, healthcare should unify in a stance of noncompliance. Agree not to comply with laws intended to subjugate healthcare to the political whims of lawmakers.

It requires physicians and nurses to put the common good of healthcare over individual self-interests. We would hope this is why most entered healthcare in the first place.

But hope is not a strategy. We have yet to see individuals in healthcare sacrifice for the common good when it comes to healthcare regulations and uphold a sense of solidarity.

Let us call it for what it is. It is time to end snitch culture in healthcare.

ShareTweet
Daily Remedy

Daily Remedy

Dr. Jay K Joshi serves as the editor-in-chief of Daily Remedy. He is a serial entrepreneur and sought after thought-leader for matters related to healthcare innovation and medical jurisprudence. He has published articles on a variety of healthcare topics in both peer-reviewed journals and trade publications. His legal writings include amicus curiae briefs prepared for prominent federal healthcare cases.

Comments 1

  1. Pingback: » How to Enforce Health Laws PHARMACIST STEVE

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Videos

Summary

In this episode of the Daily Remedy Podcast, Dr. Joshi discusses the rapidly changing landscape of healthcare laws and trends, emphasizing the importance of understanding the distinction between statutory and case law. The conversation highlights the role of case law in shaping healthcare practices and encourages physicians to engage in legal advocacy by writing legal briefs to influence case law outcomes. The episode underscores the need for physicians to actively participate in the legal processes that govern their practice.

Takeaways

Healthcare trends are rapidly changing and confusing.
Understanding statutory and case law is crucial for physicians.
Case law can overturn existing statutory laws.
Physicians can influence healthcare law through legal briefs.
Writing legal briefs doesn't require extensive legal knowledge.
Narrative formats can be effective in legal briefs.
Physicians should express their perspectives in legal matters.
Engagement in legal advocacy is essential for physicians.
The interpretation of case law affects medical practice.
Physicians need to be part of the legal conversation.
Physicians: Write thy amicus briefs!
YouTube Video FFRYHFXhT4k
Subscribe

MD Angels Investor Pitch

Visuals

Official MAHA Report

Official MAHA Report

by Daily Remedy
May 31, 2025
0

Explore the official MAHA Report released by the White House in May 2025.

Read more

Twitter Updates

Tweets by DailyRemedy1

Newsletter

Start your Daily Remedy journey

Cultivate your knowledge of current healthcare events and ensure you receive the most accurate, insightful healthcare news and editorials.

*we hate spam as much as you do

Popular

  • The Double-Edged Hype: Rethinking the Weight-Loss Drug Boom

    The Double-Edged Hype: Rethinking the Weight-Loss Drug Boom

    0 shares
    Share 0 Tweet 0
  • Feathers and Forecasts: Why the Bird Flu Surge Demands America’s Attention Now

    0 shares
    Share 0 Tweet 0
  • The Anxious Generation: Why Gen Z Is Leading the Mental Health Revolution

    0 shares
    Share 0 Tweet 0
  • The Grey Market of Weight Loss: How Compounded GLP-1 Medications Continue Despite FDA Crackdowns

    0 shares
    Share 0 Tweet 0
  • The First FBI Agent I Met

    3 shares
    Share 0 Tweet 0
  • 628 Followers

Daily Remedy

Daily Remedy offers the best in healthcare information and healthcare editorial content. We take pride in consistently delivering only the highest quality of insight and analysis to ensure our audience is well-informed about current healthcare topics - beyond the traditional headlines.

Daily Remedy website services, content, and products are for informational purposes only. We do not provide medical advice, diagnosis, or treatment. All rights reserved.

Important Links

  • Support Us
  • About Us
  • Contact us
  • Privacy Policy
  • Terms and Conditions

Newsletter

Start your Daily Remedy journey

Cultivate your knowledge of current healthcare events and ensure you receive the most accurate, insightful healthcare news and editorials.

*we hate spam as much as you do

  • Survey
  • Podcast
  • About Us
  • Contact us

© 2025 Daily Remedy

No Result
View All Result
  • Home
  • Articles
  • Podcasts
  • Surveys
  • Courses
  • About Us
  • Contact us
  • Support Us
  • Official Learner

© 2025 Daily Remedy

Start your Daily Remedy journey

Cultivate your knowledge of current healthcare events and ensure you receive the most accurate, insightful healthcare news and editorials.

*we hate spam as much as you do