Health Law – Winter 2023
First Assessment
Due in D2L Assignments December 30 at 11:30 PM.
Please respond to the following questions (25 points, 5 points each)
1.
This question is about the Jacobson case on page 1023.
What source of state power does
the court cite that gives the city of Cambridge the right to require vaccination?
How does
the court dispose of the argument that there is a liberty right in the Constitution that
should prevent government-mandated health measures?
2.
Discuss the role of the standard of care in medical malpractice cases.
What is the
argument that the regulation of quality is potentially compromised if the standard of care
is set locally and not nationally?
How does the
Hall v. Hilbun
court rule on the standard
of care in that particular case?
Please discuss the facts that were at play in that case that
caused the court to rule in the specific manner that it did regarding the standard of care.
3.
Please discuss some of the differences between nursing homes and hospitals (from
chapter 3).
Describe Donabedian’s perspective on assessing quality along with some of
the recent developments regarding the increasing emphasis on outcomes standards.
4.
What do we learn about why exculpatory clauses are generally unenforceable from the
Tunkl
case on page 96 and the notes that follow?
Also, please discuss the examples given
of when an exculpatory agreement has been accepted/enforced by a court.
5.
Describe the importance of scope of practice regulation.
Does the ACA seem to view
strict scope of practice limitations as favorably as they were viewed previously?
How is
the ACA approach to patient care signaling a different philosophy?
Please discuss the
Sermchief
case and how the court analyzed the scope of the practice argument.
Was the
court accepting of the argument that the nurses were engaged in the unlicensed practice
of medicine?
