Healthcare Law - Research Paper Example

Engagements within any medical surrounding get regulated legislatively, hence, the role of law. In this research paper, the effects of the American legislative ideologies on Actium Pharmaceuticals Inc. get illustrated alongside legal issues within the company that influences operations and dispensation. The company deals in the manufacture of drugs of all kinds. From the company, the country gets safe from insufficient drug dispensation (Polinard,2016). According to Reisman (2016), the enterprise controls almost 62% of the American locality and manages to provide adequate medication services. It produces, dispenses and executes effective drug prescription.

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US Legal System Effect on the company

One way the American legal system affects the company includes the raised corporation tax terms within the firm (Reisman,2016). Such affects the cost of production within the company due to the heightened methodology in the manufacture of medicines and prescribed drugs. The increased taxes within the company initiates the skyrocketing cost of production. In turn, the supply of drugs tends not to get such effective from the high costs attached to the drugs. Increased taxation on the company tends to slow the production of prescribed drugs and makes hospitals fail to receive the drugs on time. The American government got stringent measures on the company regarding its revenue submission to the central government. The high taxes on the company makes the company cripple. However, through its effective managerial status, it still tops in the country. High taxation on the company makes the company crawl with its drug synthesis, and that scares the future of the company. Many of its stakeholders’ fear getting engaged with the company since, at times, pay goes low due to the high taxes imposed on the company (Binder et al., 2016).

Another way the American government affects the operations of the company includes discouraging foreign trade on the products of the company. Since it contributes a great deal on the American health sector, the legislative measures in place discourage exportation of its products (Kaplan,2016). The American government ensures that the products form the company fails to go across the borders. Such measures get implemented through increased export duties and high trade barriers on the products of the company. The legal government of America comes out selfish and egocentric to the company and the outside world. It fails to encourage product marketing of the company and fails to give the company an edge in the production process (Longoria, 2016). The company gets forced to deal within the country only. The future of the company, therefore, tends to stagnate and ceases to exist and cut across borders. Such a measure also reduces advancement of the company due to its minimized local operations and dispensation.

Risks with Traditional Litigation

According to Gonzalez and S. (2016), when engaged in traditional litigation, the risks involve the poor reception of legal issues in the contemporary world. Change tends to be inevitable. Therefore, legal operations using traditional methods thwarts the success of any litigation. Most of the current legal jurisdictions, apply modern legal proceedings, hence, when the traditional litigated measures get applied, the chance of going through gets minimal. In reducing the risk in such a situation, the manger needs to educate firms on the current litigation process and how to go around the legal exercise. Managers can carry out civic education and emancipate their employees on the better legal practices of the contemporary judicial standing. Another risk involves the improper proceedings devoid of any reformed judicial structure. A traditional litigation procedure might fail to hold weight and provide a favorable and ethical verdict. Such cripples the legal structure and fails to ensure legal codes get properly propagated. In reducing such a risk, a manager needs to help create an environment that helps pulls and execute effective legal measures to avoid irrelevance. Such reformed legal structure need to get part and parcel of a firm to help necessitate the needs to effectively put in practice the current modes of litigation procedure (Wrinkle et al., 2016).

International Business Dispute

Between this company and the Aclaris Therapeutics Inc., a dispute of regional demarcation process once came up. The latter filed a case against Actium Pharmaceuticals claiming that it had trespassed on the boundary jurisdiction. The case got handled traditionally initially, and the findings came out roughly and blurred. Using the old traditional litigation methods, the case lacked the effective proceedings, no proper witnessing done and elements of malpractice realized when handling the case. Rudimentary proceedings caused an unfair treatment, hence, improper legal ruling. An appeal, later on, proceeded on to the modern law court with modern litigation procedures. Using the contemporary litigation methods, the case had a fair hearing, and finally, truth and justice came forth. Effective legal measures put in place that matched the current legal proceedings enhanced a proper legal verdict that showed a proof of justice and social fairness (Brennan,2016). The American judicial system gets keen to impose current litigation procedures to curb traditional methods of justice dispensation. Effectively, proper legal measures help transform and reform social sectors including commercialization.

References

Kubasek, N. K., Brennan, B. A., & Browne, M. N. (2016). The legal environment of business: A critical thinking approach. Pearson.

Polinard, J. L., Wrinkle, R. D., Longoria, T., & Binder, N. E. (2016). Electoral Structure and Urban Policy: Impact on Mexican American Communities. Routledge.

Reisman, N. R., Kaplan, G. F., & Gonzalez, S. M. (2016). The American Legal System. In International Textbook of Aesthetic Surgery (pp. 89-113). Springer Berlin Heidelberg.