Kentucky Case Summary

Authors Note: This paper is being submitted on the 18th of March 2013 for the winter semester of Medical Law and Ethics section 05.

In many ways, the hospital system in America is set up mirroring our government. They are similar in the way that checks and balances have been set in place to ensure the best possible care is delivered to patients. With these checks and balances there are three main bodies; the governing board, medical staff, and executive management (Showalter, 2017). The duties and responsibilities of each body many times is to oversee and continually check the others. A prime example of this system can be seen through the case of Moore v. The Board of Trustees of Carson-Tahoe Hospital, which took place in Nevada and was heard before the Supreme Court of the state in 1972 (Moore v. Board of Trustees of Carson-Tahoe Hospital, 1972). Specifically, in this case, the duty of the governing board to “exercise reasonable care in selecting and retaining medical staff” is questioned in contrast with the right of the physician to have “due process… when disciplinary action is taken” (Showalter, 2017). In hopes of changing a decision by the governing board, and attempting to reverse the decision of a lower court, the appellant, Dr. Moore, brought the case against Carson-Tahoe Hospital (Moore v. Board of Trustees of Carson-Tahoe Hospital, 1972).

The Question: Has the Plaintiff, Linda D. Daugherty, included the operative facts for cause of action in her claim against the Defendants, Casual Lifestyles Realty, Inc. and Rauleigh J. Ringer, or has said Plaintiff insufficiently stated the facts, therefore making indefinite allegations and validating the move for a more definite statement? Or, is it that, the mechanisms of discovery could be an open alternative to the Defendants, which would aid in gathering any information needed for the defense to frame a response to said Plaintiff, therefore invalidating the Motion pursuant to Rule 12(E) of Indiana Rules of Trial Procedure?

a. Supremacy Law- “ The constitution and the laws of the United States which shall be made in the pursuance thereof... shall be the supreme law of the land.”

The case of Stowers v. Wolodzko revolves around the confinement of Mrs. Stowers, a Michigan resident who lived with her husband and two children. Mrs. Stowers was confined in a private mental hospital, in accordance with a court order that was obtained by Dr. Wolodzko and Dr. Smyk. Dr. Wolodzko and Dr. Smyk were under the instruction of the plaintiff’s husband, who wanted his wife’s mental competency evaluated. In December 1963, the doctors signed a statement declaring that they found Mrs. Stowers mentally ill (Stowers, 1971). This allowed for the removal of her from her home in an arguably traumatizing fashion.

Which of the following increases the odds that a case will be selected by the Supreme Court?

For a bill to be made into law, it must be sanctioned by the house and senate. Then the president decides to approve or veto the proposed bill. Presidential veto can be superseded by two thirds of votes in both houses. The enumerative powers given to congress also known as the necessary and proper clause gives congress the authority to do what it judges essential and appropriate to meet its constitutional obligations. To demonstrate, The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States.

Abigail Fisher and Rachel Multer Michalewicz were just two young women from Texas trying to get into their dream school. In 2008 the young women applied at the University of Texas. The two women, both white, filed suit, alleging that the University had discriminated against them on the basis of their race in violation of the Equal Protection Clause of the Fourteenth Amendment. The Equal Protection Clause being a clause that allows no state to deny any person within its jurisdiction “the equal protection of the law”.

In Vicksburg Mississippi, Friday Feb. 10 4:22 pm, two bomb threats — one to Vicksburg High School and another to District Attorney Ricky Smith’s office — made police/students evacuate the school and the Warren County Courthouse Friday afternoon.The threat at the high school was received by workers at the Vicksburg Warren E911 Communications Center about 1:55 p.m., workers received the threat to the district attorney’s office about three minutes later. Both areas were cleared about 40 minutes later. The bomb threats were similar an incident that occurred almost a year ago on Feb. 17,

If we watched something that endangered someone´s life, is it our job to speak up and say something and will we be guilty if we had not said anything or done anything? In the Ruling of the Scottsboro Case, Sam Lebowitz stood up and fought for those 9 boys that were accused of rape, also in Wiesel´s Nobel Prize Acceptance Wiesel stood up and spoke about the suffering that he and the other went through, and To Kill a Mockingbird Atticus fought for the innocence of Tom Robinson. They all stood up and said something because if they didn´t, they would be guilty because they did not say anything when they can help them out. If we are bystanders, we cannot stay silent because it is our job to help out those in need even if it endangers our life.

In the article “Wanted, Dead or Alive? Kidney Transplants in Inmates Awaiting Execution”, Jacob M. Appel argues that, despite the criminal justice system’s view that death-row inmates deserve to die, they should be given the same opportunity to extend their life as anyone else. “The United States Supreme Court has held since 1976 that prison inmates are entitled to the same medical treatment as the free public” (645).

Statute..as it is at the state level where a specific action is looked at for compliance. This is a type of regulation law where the speed limits are regulated.

act or acts commanded or enjoined by the law. It is usually inferred from the

coercion: The act of influencing through employing fear upon the individual being influenced-a necessary part for a state’s function according to Hobbes.

The aforementioned is a definition of law as defined by the American Heritage dictionary of the English Language.