...Tylor Robles Federal medical laws V.S. State medical laws Laws were put in place for a reason. Some people do not agree with the government deciding what we can and cannot do but there is always a bigger picture behind it. People believe they can do whatever they want with their body, and that the Government should have no say. Federal laws are what the Government says the entire country should follow. State laws however can differ from that and depending on which state you live in can factor into what you can and cannot do. Federal laws on abortion (1)On April 18th 2007 The U.S. Supreme Court held a vote on a nationwide ban on abortions. The law was passed and is still enforced to this day. This gave politicians...
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...ESTABLISH CAUSATION. MCGHEE V NATIONAL COAL BOARD: DIFFERENCE WITH BONNIGTON: MEDICAL UNCERTAINTY AS TO HOW THE INJURY HAD BEEN CAUSED. WAS THE EXPOSURE OR THE PERIOD AFTER THAT WHEN HE HAD TO CYCLE HOME WITHOUT HAVING HAD A SHOWER. NO DIFFERENCE BETWEEN MATERIALLY INCREASING THE RISK AND MATERIALLY CONTRIBUTING TO THE RISK, IF THE RISK EVENTUATES. WILSHER V ESSEX AUTHORITY: HIGH COURT, COURT OF APPEAL: FOLLOWED MCGHEE , MATERIAL CONTRIBUTION TO INCREASING THE RISK. HOUSE OF LORDS: THE ONUS OF PROOF ON THE CLAIMANT, NO MCGHEE. 5 POSSIBLE CAUSES. MCGHEE DOESN’T STAND IN THIS SCENARIO : HERE WE HAVE 5 DIFFERENT AGENTS, 5 POSSIBILITIES, SOME AGENTS NEGLIGENT AND SOME NON-NEGLIGENT. DO YOU AGREE WITH HOUSE OF LORDS? FAIRCHILD: LORD BIRGHAM, LORD NICHOLLS, LORD HOFFMAN DINSTICTION BETWEEN MEDICAL NEGLIGENCE + RELAXED /MODIFIED TEST OF CAUSATION MCGHEE AND BONNIGTON NOT ACCUMULATIVE CAUSES 2I ORA IXOGRAFISI 10 BAILEY V MINISTRY OF DEFENCE SHE RECOVERED THE ENTIRETY OF DAMAGES. DIFFERENCE BETWEEN DIVISIBLE AND INDIVISIBLE INJURY: AN INDIVISIBLE PAIRNEIS OLO TO POSO. KAYSFORE CASE?? READ JACKSON’S BOOK, APPLICATION OF BAILEY HOW DO THESE CASES COMPARE TO LOSS OF CHANCE CASES? ESSAY QUESTION: ONE CANNOT DRAW A DISTINCTION BETWEEN MEDICAL CASES AND OTHERS ( WALLES LJ IN BAILEY). DISCUSS. DRAW AN ESSAY PLAN: INTRODUCTION: THE MODIFIED AND RELAXED TEST OF CAUSATION NORMALLY APPLIED IN MEDICAL CASES WAS ALSO APPLIED TO THREE EMPLOYMENT CASES. BAILEY WAS THE FIRST...
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...Medical Marijuana Laws and their Effects Keith Reese COM/156 7/23/2014 Jennifer Preus Medical Marijuana Laws and their Effects In 1936, George Herliman produced the propaganda film “Tell Your Children”, later titled “Reefer Madness”(“IMBD”, 1990-2014). This film, financed by a church group to display the exaggerated consequences of marijuana usage, was intended to inspire fear in parents and children alike. Though marijuana legalization has become a front burner topic, one would assume that our technological advances would invoke more rational responses from the general public seeking facts to support claims. However, the same type of fear induced media messages are employed today by anti-marijuana groups and politicians to sway public opinion. Contrary to the seemingly credible publications throughout the media, the legalization of marijuana, medical or recreational, does not increase crime. As the debate regarding the legalization of marijuana, both medicinal and recreational, has heated up, several groups have been formed to speak out about the perceived consequences. Former Congressman Patrick Kennedy has co-founded the anti-marijuana group, Project SAM, with Kevin Sabet who also is the director of the organization. After the Justice Department allowed Colorado and Washington to move forward with their respective marijuana legislation, Kennedy claimed, “we can look forward to more drugged driving accidents,...
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...hopelessly sick or injured individuals (as persons or domestic animals) in a relatively painless way for reasons of mercy. It is commonly known as “mercy killing.” It could be either voluntary where a competent adult patient requests or gives informed consent to a particular course of medical treatment or non-treatment or involuntary if the decision is made without the consent of the person who is to die. The family resorts or consents the application of euthanasia if the patient is in a persistent vegetative state, brain death or coma. Actually, in most cases, the main reason is not because of the “mercy to the suffering of the person” but the incapacity to sustain financial need of the medication. The Philippines is considered as one of the developing countries until now and majority of the people belong to the poor families. But the question is, is it a valid reason for euthanasia to be legalized here in the Philippines? Is the financial incapacity of most of the Filipinos to spend for longer medication really a reasonable excuse? Many people will argue that Philippines really should legalize euthanasia given that it is a poor country and is not yet capable to provide enough medical assistance for everyone, especially to those patients that need longer hospitalization. Others may also say that it is impractical to still keep someone alive though he or she is already on a vegetable state and no longer has any cognitive function. Yes, these statements are true. However...
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...Argumentative Essay: Euthanasia Euthanasia is another term for mercy killing. It is usually done by doctors to their patients who are terminally ill. Although euthanasia is done by doctors in certain situations to patients and is legal in some countries, euthanasia should not be practiced or be legalized because it devalues lives, it might become involuntary and doctors should cure and not kill. According to the article “Euthanasia: Arguments Against Euthanasia”, people might think that death is better than being sick. They might think that death is the only solution to problems. People who support euthanasia say that it is done as self-defense. For example, a soldier is brutally wounded and might die if not treated immediately. Is partner decides to ask his consent for euthanasia to end his suffering. Killing for self-defense means that you kill to save another one’s life but in euthanasia, you do not save anyone’s life. Euthanasia devalues lives because it tells us that we can take our or someone’s life easily. Euthanasia is done to a person with his consent. It is the decision of that person if he wants to do it. According to the article “Arguments Against Euthanasia”, people might decide to go for euthanasia because of emotional and psychological pressures. For example, a patient is suffering because of an illness and his doctor said to him that it is better for him to die. That person might go for it because he suffers too much and his doctor said that it is better...
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...Medical Assistant Law and Rules § 43-34-44. Role of medical assistants clarified Nothing in this article shall be construed to prohibit the performance by medical assistants of medical tasks, including subcutaneous and intramuscular injections; obtaining vital signs; administering nebulizer treatments; or other tasks approved by the board pursuant to rule, if under the supervision by a physician in his or her office; provided, however, that this shall not require on-site supervision at all times, or the performance by medical assistants of medical tasks ordered by a physician assistant or advanced practice registered nurse delegated the authority to issue such an order in accordance with law and pursuant to rules of the board. HISTORY:...
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...Ethics Case Study XXXXXXXXXX HCS/335 May 2, 2011 Beryl Keegan, RN, BSN, MSN/HCE, CCRN, CLNC Ethics Case Study "Jerry McCall is Dr. William's office assistant. He has received professional training as both a medical assistant and a LPN. He is handling all the phone calls while the receptionist is at lunch. A patient calls and says he must have a prescription refill for Valium, an antidepressant medication, called in right away to his pharmacy, since he is leaving for the airport in thirty minutes. He says that Dr. Williams is a personal friend and always gives him a small supply of Valium when he has to fly. No one except Jerry is in the office at this time. What should he do" (Fremgen, 2009, p. 85)? Medical ethics is a subject open to much interpretation and is prone to many grey area's without definite answers. In the case of Jerry McCall, Medical Assistant, Licensed Practical Nurse and Office Assistant the rationale, ethical and legal, for not refilling a prescription without physician consent are justified. If Mr. McCall chooses to refill the unauthorized prescription and the patient has an adverse reaction, his employer, Dr. William's can be held legally responsible for the committed tort even though he is personally without fault (Regan & Regan, 2002). Ethical and legal ramifications are at stake; using effective problem-solving methods to assist with decision making can help to avert a problematic outcome. Qualifications Required for Authorizing Prescriptions ...
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...Medically Assisted Suicide Physician-assisted suicide also known as PAS, is a controversial topic everywhere; some believe if a patient is terminally ill then it should be permissible while others believe it is against their beliefs and religion to commit any type of suicide. Physician-assisted suicide is when a patient requests the help of digesting a lethal drug to quicken their death (United States Physician Assisted Suicide Law Summary and Law Digest par. 1). The most common patients to request assisted suicide are patients with cancer and AIDs. Active euthanasia is sometimes also considered physician-assisted suicide because it results in death from someone purposely doing something to the patient causing them to die; such as being injected with poison. Passive euthanasia is the withholding of a medical treatment for a patient, which is legal, but many come to be disagreed upon. Withholding food and water, turning off machines, and failing to resuscitate are prime examples of passive euthanasia (United States Physician Assisted Suicide Law Summary and Law Digest par. 1). There are currently three states that permit physician-assisted suicide, Washington and Oregon. On October 27, 1997, the Death with Dignity Act was passed in Oregon. The Death with Dignity Act states that an Oregonian that is terminally-ill has the right to voluntarily, self-administrate lethal medications with a prescription from their physician. On March 5, 2009, Washington passed the Death with Dignity Act...
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...which people state the type and amount of care they wish to receive during a terminal illness and as death approaches. Medical Law and Ethics stated that “Advance directives limit the type and amount of medical care and treatment that patients will receive if they should become incompetent and have a poor prognosis. It is important that directives are placed in writing; it is not sufficient for a person to just tell someone what his or her wishes for treatment are. The courts typically enforce written advance directives.” (pg 313) There are four types of advance directives. They are a living will, durable power of attorney for healthcare, uniform anatomical gift act, and a do not resuscitate order. The living will is a “document that a person drafts before becoming incompetent or unable to make healthcare decisions.” The durable power of attorney for healthcare is “A legal document that empowers another person (proxy) to make healthcare decisions for healthcare for an incompetent patient. It goes into effect after the person becomes incompetent and only pertains to healthcare decisions.” The uniform anatomical gift act is a “law that allows persons 18 years or older and of sound mind to make a gift of any part of their body for purposes of medical research or transplantation.” The do not resuscitate order is “an order placed into a person’s medical chart or medical record. It indicates that the person does not wish to be resuscitated if breathing stops.” (pg...
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...Should Physicians Be Allowed to Assist in Patient Suicide Ethical Issues in the Biomedical Science Jennifer Ricardo PHI 352- PK Barry University Introduction The issue of physician-assisted suicide has come to be one of the most controversial legal issues in recent history. In my opinion I think that the law is designed to lay out guidelines for the social conduct of individuals in society. Yet, within this definition there are extremes on both ends of the spectrum in which the law encompasses. The question of whether or not physicians can legally prescribe and administer lethal doses of medication to mentally competent patients who suffer from the issue of physician-assisted suicide has become a heated topic. Whether or not physicians can legally prescribe and administer lethal doses of medication to mentally competent patients who suffer from untreatable pain is not an easily conclusive issue. Rather, the question of the ethics is the pressing legal matter. Some may argue that life should be ended in its due time and not tampered with, yet I cannot agree with this. I strongly feel that mentally competent adults who are in a constant state of suffering and who know, and have been told that death is inevitable have the right to commit suicide with the aid of a physician. If the person so wishes to end their life it should not lay blame on the physician who assisted in the matter. Medically Ethical Behavior Ethical behavior is defined my moral principals or value...
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...Doe v Medlantic Health Care Group Rasmussen College Author Note This paper is being submitted on May 07, 2014, for Ann Nevers M230 Medical Law and Ethics Course. Doe v Medlantic Health Care Group When a patient comes into the doctors’ office or hospital, they trust the employees to handle their medical records professionally. When a patient’s personal medical information gets released to people who should not know about that information, it can lead to very serious consequences and even emotional problems for the patient. Doe, who was diagnosed with HIV, became ill and checked into a hospital owned by the Medlantic Health Care Group. Doe was employed as a janitor for a company that provided cleaning services for the U.S. Department of State, and had not told his employer that he was HIV positive. One of Doe’s co-workers at the Department of State, Goldring, was a receptionist at the hospital where Doe received treatment. While doe was at the hospital for a follow-up he stopped to say hi to Goldring. Goldring asked Doe the spelling of his last name so she could send him a get-well card. Doe proceeded to give Goldring his last name thinking it was not unusual that one of his co-workers would want to send him a get well card. The card was never mailed, and Goldring told employees at the state department that Doe was HIV positive. When Doe returned to work his co-workers began to tease him about his diagnosis. One of his co-workers had told Doe that Goldring was spreading...
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... Week 2 HCS 335 Ethics Case Study-Medical Law & Ethics Jerry McCall is Dr. William’s office assistant. He has received professional training as both a medical assistant and a LPN. He is handling all the phone calls while the receptionist is at lunch. A patient calls and says he must have a prescription refill for Valium, an antidepressant medication, called in right away to his pharmacy, since he is leaving for the airport in thirty minutes. He says that Dr. Williams is a professional friend and always gives him a small supply of Valium when he has to fly. No one except Jerry is in the office at this time. What should he do? First before we get into the matter we need to describe what a medical assistant’s job is and what tasks that they perform. A medical assistant’s roll is to complete the administrative and clinical tasks in the office for physicians, podiatrists, chiropractors, and other health practitioners to help make their jobs just a little bit easier. The jobs for a medical assistant will vary due to the location of a practice, the specialty of the practice, and size of the practice. A medical assistant’s job is to help a doctor with the administrative part in the office and the clinical duties so that a doctor will be able to see and receive patients a whole lot faster. A medical assistant must have graduated from an accredited program and they also have to pass a national certification exam. Does Jerry’s medical training qualify him to issue this refill...
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...their door. Not only could it be causing an increase of suffering to the patient but their family as well. It all causes an extra fincial burden that the family or patient can't pay for and who are we to interfere with a doctors job. If we legalize Euthanasia we would be able set limits and regulations. If it were legal we could prevent the abuse and misuse of it. Law would require explicit consent and there would be mandatory reporting. It would be limited to the last resort and only a license doctor could perform it. Euthanasia should not be legal but doctors should go to jail if they perform it. Euthanasia should not be legal because there are always alternate treatments even if it just keeping the patient comfortable and pain free. Requests for it are normally given under distress even if the distress is the pain the patient is in. Euthanasia prevents the final stage of growth to be reached and it undermines all the medical research that is going on. It also will cause bad laws to be formed and invites for euthanasia tourism and a public conscience.. It volatiles all acceptable codes of medical ethics and will allow doctors to get a even bigger god complex then they...
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...always have a right to see their medical records, it is the law that medical records are available upon request with a small fee. The law also states in the policy that there is a limit of who has access to the records and to be released to without a written consent from the patient. When there an amendment needs to be made the patient or who is requesting the amendment needs to write a letter. The letter needs to outline why you think it is wrong and what the correction is. The basic information needs to be put into the letter, your name and the date of service in your letter, and then staple your letter to the copy of the page that contains the error. Make sure that the correction is written exactly as you think it should be and also make sure it is easy for the provider's record person to read, so that the right corrections can be made. Patients have the right to have restrictions on their use and disclosure at any time. The request that is made by an individual or by the PR to restrict the use or the disclosure of PHI has to be made in writing on a form that is prescribed by a DMH. Except for when an accommodation has been approved by accordance from section III.B. Then at that point a request can be made at any time. The medical records are legally owned by the physician, although it is the patient’s records. Since the records were created by the physician, then they have the rights to them. On the other hand it is the law that patients have the right to see...
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...problem for an organization, as they try to determine what part of a patient’s medical record could be used in court. Each organization has to come up with their own legal health record as well as policies and procedures surrounding them. As an organization starts to define what their legal heath record is, there are some issues that need to be addressed and focused on. The first issue is whether the legal health record will be electronic, paper or both. This would be dependent which the organization uses. Another issue that arises is the content of the record. Health records no longer just consist of doctor’s notes. Many health records consist of laboratory results, radiology results as well as images and video, nursing notes, and even pharmacy records. It needs to be determined which part(s) of the medical record needs to be included in the legal health record. Finally, policies and procedure need to be updated and rewritten depending on what the current ones say about the handling health records. What is included in the legal health record, who has access and where it is the record is stored and how it is stored needs to be written in the policy. With electronic and both electronic and paper records how it is updated, corrected and deemed complete needs to be addressed as well as how a staff will sign it. HIPAA defines criminal liability as any one who knowingly uses or gives away any medical information to another person without proper consent. A situation from Montana...
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