Basic Law 101: The Journey Begins

In the United States of America, we are fortunate to live in the world’s greatest democracy. Our Constitution is the progeny of the Magna Carta ratified by the English Parliament in 1215 [7]. The Rule of Law as defined in our Constitution governs our democracy [7,8]. Our government has three branches: the executive branch enforces the law, the judicial branch interprets the law, and the legislative branch creates the law. Our legal system can be further divided administratively into federal and state levels. These two levels are the primary sources of law in our country.

Federal law is created in Washington, D.C., signed by the President of the United States, and applies to all 50 states equally. State law is created in the individual state’s capital, signed by the state’s governor, and applies to that individual state only. State laws regarding the same issue may differ from state to state in both tone and application. Medical malpractice is a state law [4,9]. However, federal laws may establish national guidelines that mitigate or further modify the application of state medical malpractice.


Medical Malpractice State Court Malpractice Litigation Reform Package Tort Reform 
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© Springer Science+Business Media, LLC 2008

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