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Health Law

Health care law involves myriad issues concerning patients, patient advocates, health care providers, and health care entities. Because health is one of the largest sectors of the economy, health care lawyers usually focus on a subspecialty or represent either (1) patients disputing insurance coverage issues or litigating malpractice suits; or (2) physicians, health care entities, or their business associates, by defending against patient-related issues or advising on the many regulatory compliance, privacy, or business law issues that can arise.

Due to the breadth of health law, however, students interested in this area may also want to explore interconnected fields such as representing pharmaceutical and biotechnology clients regarding intellectual property, liability, and regulatory issues; health law policy; or public health.

Health law lawyers can be found in a law firm of all different types, ranging from solo practice to large mega firms. However, lawyers who represent individual patients tend to practice in smaller firms, while those who represent entities tend to practice in either boutique specialty firms or mid- to large law firms. There are also many opportunities for health law lawyers in hospitals, hospital systems, pharmaceuticals, insurance companies, and other related corporations. Within the public sector, there exists a wide range of government agencies that may hire health care lawyers. There are also potential opportunities for experienced health lawyers to work on policy issues for non-profit organizations.

Courses

Courses designated as "primary" are foundational, while those listed as "secondary" contain relevant and related content. "Co-curricular" courses are credit-bearing extra-curricular activities, while "experiential" courses are practice-based offerings. Please keep in mind that the focus of any course will vary depending on the instructor.

Primary Courses

108: Torts 4 credits PRIMARY

This course examines the circumstances in which courts will shift loss from those who have suffered harm to their person, property, reputation, or psyche to those who have been involved in causing that harm. It is limited to civil (non-criminal) cases that are not typically based on mutual promises made by parties to a contract. The primary focus is on accidental injuries that cause physical harm where negligence or fault is the predominant liability standard, although intentional torts such as assault and battery as well as strict liability (no-fault) may be covered. Justifications for the law imposing liability, both philosophic and economic, are also considered. Procedural aspects, including the respective roles of judge and jury and difficulties of proof, which are central to tort law in the U.S., are raised continuously throughout the semester. Consideration of appropriate liability schemes for new technology, such as autonomous vehicles, may be included.

200: Legislation and Administrative Law 3 credits PRIMARY

This course surveys the legislative process, fundamentals of statutory interpretation, and the work of administrative agencies, with special emphasis on administrative rule-making process.

480: Selected Topics: Health Law 2 credits PRIMARY

This writing-intensive course focuses on several hot topics in health law, including public health issues, physician employment contracts, regenerative medicine and the right to try, and telemedicine. The content units will be taught through a series of simulations and case files. The course will meet for once a week for a 2-hour class, during the spring semester. While learning substantive health care law, the students will also draft and/or critique both transactional and litigation-based documents.

509: Insurance Law 2 or 3 credits PRIMARY

Risk is pervasive and where there is risk, there is insurance: personal injury, real estate construction, securities laws, terrorism, natural disasters, health care, and even death. Insurance addresses all of these risks through pooling and thereby diversifying the risk and shifting calamitous risks to individuals or corporations to risk-neutral insurance companies. Coverage includes first-party insurance, such as life and health insurance, third-party liability coverage, such as the commercial general liability policy, and hybrids, such as automobile and homeowners' insurance.

525: Health Care Law and Policy 2 or 3 credits PRIMARY

This course introduces students to the structure, financing and regulation of the health care system and proposals for its reform. Legal topics include Medicare, medical staff disputes, health care antitrust, tax exemption, corporate organization, and insurance regulation.

Secondary Courses

396: Biosciences, Causation, and Tort Law 1 credit SECONDARY

"This course builds on tort law and involves its application in a specialized area that focuses on the harm suffered. Rather than traumatic injuries, toxic torts are about diseases suffered as a result of the wrongful conduct of another. Of course, automobiles, baseball bats, and widgets don’t cause disease. Instead, diseases (for our purposes) are caused by drugs, chemicals, minerals (asbestos is, after all, a type of mineral), radiation, cigarette smoke, and similar substances.* Those substances, the diseases they cause and the lawsuits they spawn frame this course. Among the many special problems that exist in this area of tort law is causation, and that will be the focus of the course: addressing the theory of factual causation and the understanding the different types of scientific evidence brought to bear on the issue of causation. Caution: This course has a heavy science component and a little bit standard statistics of the sort taught in an undergraduate liberal arts course. If you came to law school to avoid any further contact with science or basic math, this course is not for you."

523: Products Liability 2 or 3 credits SECONDARY

An in-depth study of the law of products liability, with emphasis on problems of proof and otherlitigation problems. (This may be a two-hour course during some years.)

524: Medical Liability and Treatment Relationships 2 or 3 credits SECONDARY

An exploration of legal aspects of the practice of medicine, focused primarily on medical malpractice, but also including the duty to treat, confidentiality, informed consent, and end-of-life treatment decisions. Some semesters, a "Practicum Extension" (350) will be available for 1 or 2 students to work with local lawyers at the Veteran's Administration health care system.

534: Intellectual Property 3 credits SECONDARY

This course provides a survey of the "core" areas of federal intellectual property law (IP law)-trademarks, copyrights and patents. As a result of this course you will be able to: 1) identify the IP issues raised by a client; 2) explain why something is or is not entitled to IP protection; 3) Analyze a basic trademark, copyright or patent infringement issue; 4) Draft correspondence to IP clients concerning acquisition or enforcement of IP rights.

538: Antitrust 2 or 3 credits SECONDARY

An overview of federal antitrust law or competition law, including laws related to agreements restraining trade (especially agreements between competitors), monopolization and attempted monopolization, unfair trade practices, and merger policy and practice. These topics are relevant to all businesses and their lawyers. The course focuses on learning the fundamentals and a practical approach for counseling clients in this area.

641: Regulatory Law and Policy 0 to 3 credits SECONDARY

This course, taught as a seminar, examines the advocacy skills that lawyers used in regulatory practice to persaude agencies to adopt actions that their clients favor. Any student who thinks she or he might practice in front of a regulatory agency should benefit from the course. There is no casebook to buy. All readings are posted on Sakai.

657: Biotechnology Law and Policy 2 credits SECONDARY

Biotechnology is a major growth industry and both large and boutique law firms are establishing biotech or “life sciences” practice groups. This course surveys a range of legal topics in this field, such as: FDA regulation of drugs and devices, regulation of medical research, products liability, insurance coverage of pharmaceuticals, intellectual property, and genetics. Offered on a periodic basis.

Experiential Courses

345: Semester in Practice 10 or 11 credits EXPERIENTIAL

This is the field placement component of a full term externship program and is paired with the Externship Lecture course. Total credits between Semester in Practice and Externship Lecture will total 13. The number of credit hours awarded to an individual student will determine the hours of work required at the field placement and meet or exceed the ABA standards. In accordance with ABA guidelines, students work at a placement under a supervising attorney. C-LAW 300.

399: Medical-Legal Partnership Clinic - Seminar 2 credits EXPERIENTIAL

This experiential clinic course focuses on the attainment of fundamental lawyering skills through direct client representation and advocacy, with a particular emphasis on problem solving and legal remedies to address health-harming legal needs. Through collaboration with healthcare providers, students will identify legal issues that negatively contribute to the health of low-income patient-clients and develop a comprehensive, interprofessional strategy to overcome barriers to health justice. Seminar topics educate students about fundamental lawyering skills and substantive law essential for the cases students will work on over the course of their time in the clinic.

676: Summer Externship 4 credits EXPERIENTIAL

This course is currently available only in the summer. The director of the externship designates one or more cities in North and South Carolina, usually including Charlotte, NC, and offers the students externships in a designated practice area. The practice areas vary from summer to summer. Students meet weekly with the director to integrate and apply the doctrinal insights received elsewhere in the law school curriculum and in the subject matter of the field placements. The course fulfills the practical skills requirement.

Faculty

The following faculty are knowledgeable about the topic and may be a useful resource for you.

Christine Coughlin

Christine Coughlin

Professor of Law

Allyson E. Gold

Allyson E. Gold

Associate Dean for Experiential Learning

Mark Hall

Mark Hall

Fred D. and Elizabeth L Turnage Professor of Law

Related Pathways

Civil Litigation

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Regulatory Compliance

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Law Firm

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In-House Counsel and Corporations

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Government

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Legislation and Lobbying

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