Health Law
For the case research narrative assignment, you may analyze any of the following cases as the subject of your paper.3-4 pages.
CanterburyVsSpence.rtf
This is a Supreme Court case establishing the requirements for informed consent to treatment.
In re Quinlan, 70 N.J. 10, 355 A.2d 647 _1976_.pdf
Quinlan is a New Jersey case that addresses who should have authority to make decisions about withdrawinglife-sustaining treatment for individuals in a persistent
vegetative state.
Walgreen v. Hinchy
This case involves the unauthorized disclosure of personal health information by a Walgreen’s pharmacist. The trial jury awarded the plaintiff, Hinchy, $1.44 million
in damages. Walgreen’s appealed, arguing that the jury was wrong in finding it liable for the actions of its pharmacist. The decision discusses the applicability fo
theories of vicarious liability and respondeat superior. [Note: the facts of the case are quite a soap opera; it turns out that the pharmacist ultimately married the
man who fathered Hinchey’s baby].
Lane v Candura
In this case, the Massachusetts court is asked to decide whether an elderly woman has the capacity to decline amputation of a leg where failure to do so is life-
threatening or whether her daughter should be given the authority to compel the surgery.
Your case research narrative should consist of 2 parts:
Part I. The case brief which should include:
1. Case caption in the form Smith v. Jones and the state or federal circuit appellate court issuing the opinion.
2. Brief statement of the relevant facts;
3. The legal issue or issues the court is called upon to decide in question form. There may be more than one issue in a case, e.g., was Dr. Smith negligent in leaving
the sponge in the patient? Did the sponge cause the patient’s injured spleen?
4. The court’s holding (i.e., how did the court answer the issue questions? The holding may be in a Yes/No format if appropriate;
5. The legal bases of the court’s decision.
Part II . is a discussion of the relevance of the decision for the delivery of health care. Do you agree with the case decision? Why or why not? How should health care
providers handle the particular issue raised in the case in the future? What problems might a health care administrator encounter in complying with the decision and/or
avoiding litigation in the future? Any other issues, questions or thoughts that the case raises for you. I consider Part II the more significant portion of the
assignment.
