Medical Law on ExcellentWiki - Legal Encyclopedia

Chinese Medical Law

Mon, 06 Jul 2026 00:00:00 +0000

Sources of Chinese Medical Law

The Basic Health and Health Promotion Law of 2019 is the fundamental law of the Chinese health system, establishing the state’s commitment to the right to health. The Law on Practicing Doctors of 1998 regulates the qualification and practice of medical professionals. The Regulation on the Handling of Medical Accidents of 2002 provides the administrative framework for resolving medical disputes. The Tort Liability Law of 2009, now codified as Book VII of the Civil Code (Articles 1218–1228), governs medical liability. The Drug Administration Law, revised in 2019, regulates pharmaceutical products.

EU Medical Law

Mon, 06 Jul 2026 00:00:00 +0000

The EU Competence in Health

Article 168 of the Treaty on the Functioning of the European Union (TFEU) confers on the EU a limited competence in public health. The Union may complement, coordinate, or support national health policies while respecting the member states’ responsibility for the organisation and delivery of health services and medical care. Article 168 expressly excludes any harmonisation of national health laws. EU action nevertheless significantly affects health through internal market legislation, including the regulation of pharmaceuticals, medical devices, and cross-border health care, as well as through the Charter of Fundamental Rights, Article 35 of which recognises the right to access preventive health care.

French Medical Law

Mon, 06 Jul 2026 00:00:00 +0000

Sources of French Medical Law

French medical law (droit médical) is primarily codified. The Public Health Code (Code de la santé publique) contains provisions on the organisation of the health system, the practice of medicine, patient rights, and public health. The Medical Ethics Code (Code de déontologie médicale), incorporated into the Public Health Code, sets professional obligations for physicians. The Social Security Code (Code de la sécurité sociale) governs the health insurance system. The Bioethics Laws (Lois de bioéthique), revised every seven years, regulate assisted reproduction, genetic testing, organ transplantation, and research involving human embryos.

German Medical Law

Mon, 06 Jul 2026 00:00:00 +0000

Sources of German Medical Law

German medical law (Medizinrecht) draws from multiple legal sources. The Bürgerliches Gesetzbuch (BGB) governs the medical treatment contract (Arztvertrag), which is a contract for services (Dienstvertrag) under § 611 BGB, with specific duties defined by case law and the Patients’ Rights Act 2013. The Social Code Book V (SGB V) regulates the statutory health insurance system (Gesetzliche Krankenversicherung, GKV). The Physicians’ Professional Code (Berufsordnung), issued by the State Medical Chambers (Landesärztekammern), sets professional standards. The Pharmaceuticals Act (Arzneimittelgesetz, AMG) and the Medical Devices Act (Medizinproduktegesetz, MPG) regulate products.

Russian Medical Law

Mon, 06 Jul 2026 00:00:00 +0000

Sources of Russian Medical Law

Article 41 of the Constitution of the Russian Federation guarantees the right to health protection and free medical care in state and municipal health institutions. The Federal Law on the Fundamentals of Health Protection in the Russian Federation No. 323-FZ of 21 November 2011 serves as the framework law governing health care relations. The Federal Law on Compulsory Medical Insurance No. 326-FZ of 29 November 2010 establishes the financial and organisational basis of the insurance system. Additional regulation comes from the Civil Code, the Criminal Code, and subordinate legislation of the Ministry of Health and the Government.

UK Medical Law

Mon, 06 Jul 2026 00:00:00 +0000

The National Health Service

The National Health Service (NHS), established by the NHS Act 1946, is the cornerstone of the UK health system. Funded primarily through general taxation, the NHS provides comprehensive health care free at the point of use, subject to certain exceptions such as prescription charges and dental fees. The NHS Constitution sets out the principles, values, rights, and responsibilities of the NHS. The Department of Health and Social Care oversees the system, while clinical commissioning groups — now restructured as integrated care boards (ICBs) under the Health and Care Act 2022 — commission health services for their local populations.

US Medical Law

Mon, 06 Jul 2026 00:00:00 +0000

Sources of US Medical Law

US medical law derives from a complex interplay of state and federal authority. Medical malpractice and physician licensure are primarily matters of state law, while the federal government exercises significant power through Medicare, Medicaid, the Affordable Care Act (ACA), the Food and Drug Administration (FDA), and the Health Insurance Portability and Accountability Act (HIPAA). State courts develop the common law of medical negligence, and state legislatures enact statutes of limitations, damage caps, and procedural rules for malpractice actions. Federal pre-emption occasionally limits state authority, particularly regarding drug and device labelling.