She suffered a personal injury as a result. She commenced a claim against the manufacture. | Mrs Donoghues claim was successful. The case established the modern law of negligence and established the neighbour test. | As Mrs Donoghue had not purchased the beverage she was required to claim damages for negligence.
After much deliberation ultimately the Supreme Court unanimously voted 9-0 that euthanasia in fact did not violate the Equal Protection Clause. Although patients are able to refuse lifesaving treatment, the Court held that there is a clear difference between treatment refusal and criminal intent and that the states have the authority to determine the constitutionality of physician assisted suicide, not the federal government. Physician assisted suicide is when a doctor or a trained medical professional assists, in the form of “information, guidance”, or action, someone to kill themselves (National Right to Life Association). Many terminally ill patients rely on doctors when suffering has reached their limit, cognizant of their powerful drugs and medication that will make dying easier. The main constitutional issue within Vacco v. Quill involves the Equal Protection Clause of the 14th amendment, which states that no state can deny any persons “equal protection of the laws”.
A DNAR is a request not to have cardiopulmonary resuscitation (CPR) performed if the heart stops or breathing ceases (NursingTimes.net, 2009). O’Donnell M. (2007) agrees that law clearly states doctors have a legal duty to apply good medical practice in the best interests of their patients. No law has ever required doctors to act according to previous results and to what could be seen extremely unlikely to achieve a positive outcome. Indeed, where treatment is not necessary and not in the best interest of the patient, there is no rule that agrees to providing treatment and in fact to do so could be considered assault (Dimond, B. 2005).
Court History and Purpose CJA/224 July 28, 2012 Court History and Purpose This paper will cover topics such as; what a court is and what the purpose of the court is. This paper will define the dual court system. In addition this paper will describe the role that early legal codes, the common law and the precedent played in the development of courts. And lastly this paper will identify the role of the courts in the criminal justice system today. The courts are a part of the judicial branch in the three branches of government.
It has been given legal authority by the Code of Virginia 54.1-3919 et. seq. Its purpose is to ascertain the qualifications
Multi-Facets of Negligence February 06, 2012 Multi-Facets of Negligence Negligence is not a criminal offense that involves health care professionals, hospital, and patients with their respective representative. Negligence can escalate to gross negligence and a malpractice suit if sever harm or death is the outcome for poor judgment and nonstandard actions of a health care professional (Cornock, 2011). The aim of this paper is to review the difference between negligence, gross negligence, malpractice, the importance of documentation, and what should have been done to avoid the mishap as it relates to a case of an amputation mishap (The Neighborhood, 2011). Differentiating Between Negligence, Gross Negligence, Malpractice Nurses often fear that they will make an error that will cause harm to their patient’s that will cause a lawsuit, and possibly affect the state of their license. The line drawn between negligence and gross negligence is undefined and many times is left up to a jury to decide.
Fundamental legal aspects of each case The ANA Code of Ethics are used to help uphold fundamental legalities. When we look at the ethical responsibility and fundamental legalities that are associated with direct patient care and as it applies in the case study case study of patient Marianne, a 79 year-old female, who is brought to the emergency department with hemorrhagic stroke, a bad prognosis of recovering and she does not have an advance directive. The legal aspects of the legal responsibilities of the registered nurse who was a witness in a malpractice case of a nursing colleague that was found to be negligent in following the standards of the nursing practice. The primary obligation of the nurse is to protect the patient’s best interest, maintaining safety, dignity and ethical accountability, which is essential in the first case of Marianne, as she is neurologically unstable and unable to have a voice in her care and does not have a living will. According to the ANA Code of Ethics, the nurse is responsible to provide the family with full disclosure about Marianne’s condition and inform the family of possible outcomes of having
Traditional Litigation System vs. Nontraditional Forms of ADR Julie Jagger IRN: 9040926350 LAW/531 John Smith School of Business Traditional Litigation System vs. Nontraditional Forms of ADR The traditional litigation system involves resolving disputes inside of a courtroom. The traditional litigation system involves many steps and formalities that comply with procedural rules, including a pretrial litigation process, comprised of pleadings, discovery, dismissals and pretrial judgments, and a settlement conference. After the settlement conference is the actual trial, which can take from one day up to many months depending on the type and complexity of the case. In the final phase of the litigation system is the appeal, where one of the parties appeals to the final judgment of the trial court’s decision. In the traditional litigation system, it usually begins with the plaintiff filing a complaint in court.
Impact on patients Conclusion/Closing: With the changes made by the Patient Protection and Affordable Care Act, consumers no longer have to worry about being turned down by health insurance companies for pre-existing conditions or the inability to afford healthcare. The Patient Protection and Affordable Care Act better known as “Obamacare” has changed the way healthcare is administered, especially in the way it protects patients (consumers) from unfair insurance practices. This is not socialized health care nor is it a single payer system. Consumers will still have to purchase insurance from private companies, not the government however, The Patient Protection and Affordable Care Act is a set of guidelines and regulations put into action to protect patients. Insurance companies have unfairly treated consumers for many years, making it very difficult to access care.
The American Bar Association Model Rules of Professional Conduct are professional standards that serve as models of the law governing lawyers since the adoption of the Canons of Professional Ethics in 1908 (Mallen , 2011). The Model Rules of Professional Conduct has been amended several times since 1983 (Mallen , 2011). There is approximately 58 rules which are organized into eight subject areas (Mallen , 2011). Rule 1.1 is about competence. It states that a lawyer must have the legal knowledge required in order to adequately represent their client (“Rule 1.1: Competence | The Center for Professional Responsibility”, 2012).