foundation of law in the United States
Answer the following questions. Your answers should address all parts of the question and be approximately 300-400 words each. Make sure to thoroughly support all answers with accurate details and relevant evidence from the textbook and other resources.
- What is the foundation of law in the United States? How is the government structured, and what are the roles of the three branches of government? Hint: Your answer should include the following terms: Federal government, state government, constitution, legislative branch, executive branch, judicial branch, separation of powers.
- A nurse on your team has been sued for negligence by a patient . The doctor had ordered that a medication be administered to the patient via IV. The nurse prepared the solution using a drug with a similar name but a completely different formulation. As a result, the patient went into cardiac arrest, but was revived and is recovering. Four elements must be present to prove a negligence action. What are they in this case? Name and describe each.
- Find a healthcare-related case that has been decided by the U.S. Supreme Court. In your own words:
- Summarize the facts of the case.
- Describe the path the case took through the court system to reach to the Supreme Court.
- Explain why the SCOTUS decided to hear the case.
- Summarize the SCOTUS’ decision and reasoning as well as any dissenting opinions.
- Explain what the impact of the decision has been.
Each of the five lettered sections should be approximately one paragraph of 6-8 sentences. Some examples of healthcare-related cases include Roe v. Wade, Bragdon v. Abbott, Federal Aviation Administration v. Cooper, and National Federation of Independent Business v. Sebelius.
- A patient is seen for an office visit and consents to the physician’s removal of several skin lesions on the patient’s arm. During the procedure, however, the physician does need to remove deeper tissue than he originally thought would be necessary to ensure that all margins are removed (in case the specimen is confirmed as malignant). The patient was not informed of the possible risks of scarring and is unhappy with complications of infection in the arm’s healing because of the depth of the incision. The patient sues the physician. Can the physician have any charges brought against him criminally? What other legal consequences might he face? How can a case like this be avoided?
- You are working in the emergency department of a metropolitan hospital. An ambulance arrives with an elderly homeless man who appears to have fallen and suffered a severe scalp laceration and a possible concussion. The patient is losing blood. The department’s physician remarks that the hospital has already fulfilled its quota of unreimbursed care for this month and instructs the paramedics to take the patient to a different hospital. You believe the emergency department has room to care for this patient. Explain how would you apply the steps to resolving this ethical dilemma.
- Consider the following scenario: A pandemic has broken out in the United States. There’s an effective new vaccine, but there’s only enough to inoculate 80% of the population. How would you distribute the vaccine ethically? Describe how each of the ethical theories would guide the decision-making about who gets the vaccine.