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Healthcare Law - 1

Final Exam Law Ch 15 - Ch 25

Harrell v. St. Mary’s Hospital (Ch 15) Competent person has a right to refuse treatment (Jehovah Witness)
Self Determination Act 1990 (Ch 15) Protect pt right to make decisions
Matter of Dubreuil (Ch 15) Pregnant patient refused blood during C-section due to religious reasons. Court held that competent person as right to refuse treatment if there is a surviving parent to care for the minor children.
Greer v. Bryant (Ch 15) Hospital found negligent for not reporting fetal distress to the patient's physician (Failure to override a physician's decision)
Oxford v. Upson County Hospital Inc (Ch 15) Court of appeals upheld trial court judge's instructions to jury regarding causation, ordinary care and comparative negligence (patient injured by fall after fainting, but has failed to notify hospital staff that she felt dizzy)
Cruzan v. Director, Mo, Department of Health (Ch 15) It was acceptable to require "clear and convincing evidence" for removal of life support
Bramer v. Dotson case (Ch 16) Plaintiff stated a cause of action for the negligent infliction of emotional distress resulting from a false diagnosis of AIDS by SmithKline Laboratory.
J.K. Susie L. Wadley Research Institute v. Beeson (Ch 16) Blood centers negligence in the collection of blood was the proximate cause of the Beeson’s infection of HIV (blood transfusion during surgery)
United States v. Moore (Ch 16) Inmate at Federal Medical Center was convicted by jury of assault and battery with a deadly weapon. Indictment indicated he had tested positive for HIV and later assaulted two federal correctional officers with his teeth.
Cherrix (Ch 17) Parents of a 16 year old male with Hodgkin’s disease were cleared of medical neglect for seeking alternative treatment in Mexico and refusing a higher dosage of chemotherapy.
Quill v. Vacco (Ch 17) NY’s prohibition on assisted suicide does not violate the equal protection clause of the 14th amendment. (Physicians Assisted Suicide)
In re Martin (Ch 17) Michigan court uses a clear and convincing evidence standard to allow the patient's wife and guardian to withdraw him from life support-patient lacked capacity, patient would have declined treatment. (Advanced Directives)
Canterbury v. Spence (Ch 17) Informed Consent, movement towards reasonable patient standard
Sabarnes Oxley Act (Ch 17) Governance. Enacted after Enron scandal.
EMTALA (Ch 17) Prevents Medicare participating hospitals from patient "dumpings"
Quinlan (Ch 17) Drove the formation of ethics committees
Oregon’s Death with Dignity Act of 1994 (Ch 17) Allowed for physician assisted suicide
Glucksberg (Ch 17) Assisted suicide is not protected by the Constitution’s due process clause
Bouvia (Ch 17) A competent patient may refuse life sustaining treatment
National Organ Procurement Act of 1984 (Ch 17) written protocols of organ procurement
New Mexico Physicians Mut. Liab. Co. v. LaMure (Ch 18) The malpractice insurer was not required to indemnify a physician for liability resulting from the sexual assault of a minor (constituted a criminal act and policy exclusion)
NLRB v. Shelby (Ch 19) Employer’s interrogation of nursing facility employees about union meeting was an unfair labor practice and unlawful interrogation.
Norris-La Guardia Act (Ch 19) Aimed at reducing number of injunctions to restrain strikes and picketing. Sets procedures for handling labor disputes. Creates board of inquiry if a dispute threatens to interrupt health care.
Fair Labor Standards Act (Ch 19) Establishes minimum wages, maximum hours of employment, overtime pay provisions, exempt ee provision, work week options
Occupational and Safety Health Act (Ch 19) Sets and enforces safety standards. Providing training, outreach and education. Establishes partnership between employers and employees. Encourages continual improvement in workplace safety and health
Rehabilitation Act of 1973 (Ch 19) Protection for handicapped employees. Jobs must not be designed to eliminate hiring of disabled persons.
Family and Medical Leave Act (Ch 19) Enacted to provide ee’s temporary medical leave in particular situations (personal emergencies)
Discrimination in Employment Act (Ch 19) Age discrimination: over 40 cannot be discriminated against
American with Disabilities Act (ADA) (Ch 19) Review and revise job descriptions for compliance. Bring physical environment into compliance.
Equal Pay Act (EPA) (Ch 19) Pay discrimination (male vs. female)
Deerman v. Beverley Cal. Corp (Ch 20) North Carolina court of appeals held the nurse stated a claim for wrongful discharge in violation of public policy (LTC nurse advised family to consider changing physicians)
Kirk v. Mercy Hospital (Ch 20) The Nursing Practice Act of Missouri provides a public policy mandate that nurses have a duty to provide the best possible patient care.
Dalby v. Sisters of Providence (Ch 20) Pharmacy technician stated a cause of action form wrongful discharge and intentional infliction of emotional distress. Technicians made a good faith report of hospital’s noncompliance with the drug inventory and documentation requirements
Shea v. Esensten (Ch 21) Financial incentives that affect a physician’s decisions to refer patients to specialists is material and requires disclosure (patient died from a heart attack; had cardiac symptoms and family history of cardiac problems; PCP didn’t refer to cardiologist)
Employee Retirement Income Security Act of 1974 (ERISA (Ch 21) Regulates employee welfare and benefit plans
Healthcare, Inc v. Health Source Inc. (Ch 21) Antitrust and market share
Maricopa County Medical Society v. Arizona University (Ch 21) Price fixing by competitors is a per se violation (physicians had no financial stake in the venture)
Terrell v. Nanda (Ch 22) A plaintiff may recover reasonable medical expenses resulting from injury; medical expenses were paid by Medicaid and the plaintiff had no liability for expenses above those paid by Medicaid as payment in full.
Patrick v. Burget (Ch 22) Peer review is not exempt from antitrust scrutiny (inadequate state action)
Doe v. McNulty (Ch 16) Failure to make a timely diagnosis shortened life of pt
Anonymous Fireman v. Willoughby (Ch 16) Testing caregivers at high risk for contracting and transmitting HIV to the public does not violate the 4th amendment or constitutional privacy rights.
Nuremberg Code and Declaration of Helsinki (Ch 17) Guidelines protecting human subjects from bad tests
National Labor Relations Act (Ch 19) Govern labor-mgmt relations of business firms engaged in interstate commerce
Wickline v. State of California (Ch 21) MCOs could be liable for utilization review process failures that cause pt injury. Physician has primary responsibility to discharge patient.
Katskee v. Blue Cross/Blue Sheild (Ch 21) Ovarian cancer syndrome held to be covered as an illness under the terms of the insurance contract. Ambiguous policies are usually found in favor of the insured person.
Created by: Rjc2gud4u