What is the legal framework for health care dispute resolution?

In Oregon, a legal framework for health care dispute resolution is established by four main sources of law: administrative law, contract law, tort law, and consumer protection laws. Administrative law is the body of law that governs the administrative proceedings of government agencies. In Oregon, health care dispute resolution is largely governed by the rules and regulations set forth by the Oregon Health Authority, which include processes for filing complaints and appeals. Under contract law, health care providers and patients enter into contracts in which the provider agrees to provide the necessary health care services and the patient agrees to pay for them. Disputes that arise within the context of a contract are generally resolved through negotiation or arbitration. Tort law applies when a health care provider’s neglect or intentional act causes harm or injury to a patient. In such cases, patients may be able to receive compensation for medical expenses, physical or emotional suffering, and mental anguish. Finally, consumer protection laws are designed to protect consumers from unfair or deceptive practices in the marketplace. In Oregon, health care consumers may be able to file a complaint and pursue legal action if they feel a health care provider has violated the law. In sum, Oregon provides a legal framework for health care dispute resolution by utilizing the sources of administrative law, contract law, tort law, and consumer protection laws. Patients and health care providers should familiarize themselves with these laws in order to best understand their rights and responsibilities.

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