Facts: At a teaching hospital, Mullins who is the plaintiff marked or ticked the section of approval form that consented to “the presence of healthcare learners”. She was assured by the attending Anaesthesiologist that she would handle the anaesthesia. However, when Mullins was unconscious during the surgery, a student (VanHoey) was allowed by the Anaesthesiologist to perform intubation. Mullins’ oesophagus was lacerated by VanHoey as it was VanHoey’s first day practicing on a live patient.…
In July of 2000 Curtis Williams was indicted by a grand jury in Williamson County, Texas for aggravated assault causing serious bodily injury. While under indictment, Williams traveled to Louisiana from Texas on a Greyhound bus. The bus Williams was traveling on was scheduled to make a stop at the Shreveport Greyhound Bus terminal on September 12,…
Currently, I am employed at Massood Law Group. The firm represents plaintiff and injured workers, but primarily focuses on representation of surgeons, medical facilities, and hospitals in No Fault (PIP) and Workers’ Compensation claims. My responsibilities and duties include educating and advocating on our clients behalf in workers’ compensation courts and associating in personal injury actions. With respect to the workers’ compensation field, I am able to take a case from the initial filing process to competition both for the injured worker and medical provider. I also researched and drafted pleadings, motions, and other legal documents necessary to resolve the case.…
McWilliams V Dunn Supreme Court of the United States Introduction The Dunn v. McWilliams case is a famous court case that was heard before the supreme court of United States in April 24, 2017. The case involved James McWilliams as the petitioner against Jefferson Dunn was the commissioner and was representing the Alabama department of corrections. The focus of the case was the sixth amendment of the US constitution was useful in providing for the right to the assistance of an attorney to represent them in defense. However the oral arguments in the case pointed out that it was unclear on whether the defendant’s right to an attorney allows for him to an independent expert who would be devoted in advocating specifically for the defense’s case.…
A Missouri police officer stopped Tyler McNeely after observing it exceeding the posted speed limit and repeatedly crossing the center line. The officer noticed McNeely’s bloodshot eyes, his slurred speech, and a smell of alcohol on his breath. McNeely performed poorly on a battery of field sobriety tests, and he declined to take a Breathalyzer test. When McNeely indicated he refuse a breath sample for testing, the officer took him to a nearby hospital for blood alcohol test. The officer explained to McNeely that under Missouri’s implied consent law, refusal to submit voluntarily to the blood test would lead to an immediate one-year suspension of his driver’s license and could be used against him in any future prosecution. The testing of the blood indicated that the blood alcohol level was significantly above the legal limit. McNeely had challenged the blood test evidence claiming that there should have been a search warrant before ordering a blood sample.…
On the last of President Adams term he wanted to ensure Federalist took control of the Judiciary branch so he named forty-two justices of the piece and sixteen circuit court justices for Washington DC. Once the commissions were signed by the President Adams the Secretary of State had the commissions sealed however they were not delivered by the end of President Adams term. President Jefferson was the incoming president he chose not to honor the commissions due to them not being submitted in time.…
The Tarasoff case is the case that “established a clinician’s duty to warn” (Mottarella, n.d.). Prosenjit Poddar, a student at University of California Berkeley (UCAL) was a patient of Dr. Lawrence Moore, a psychologist a hospital affiliated with UCAL. Poddar was seeking treatment for an emotional breakdown after being romantically rejected by Tatiana Tarasoff. In the course of therapy Poddar related to Dr. Moore his intent to kill Tarasoff that fall. Dr. Moore conferred with his superiors at the facility and the determination, customary at that time, was made to have Poddar involuntarily committed. Dr. Moore notified the campus police and requested that Poddar be picked up, warning that Poddar can appear quite rational at times. Campus…
R. v. Morgentaler was decided by the Supreme Court of Canada, a verdict which declared abortion laws in the Criminal Code of Canada as arbitrary and unconstitutional. The court ruled the laws to have violated the woman's right to security of the person under section 7 of the Canadian Charter of Rights and Freedoms to security of person. After the ruling, you could not be charged under the Criminal Code of Canada for having an abortion without consent of the therapeutic abortion committee.…
Our forefathers with great fortitude put together a document that would be forever known as the constitution. This document addressed the rights of the citizens of the newly formed states. One amendment has been a focal point of discussion in recent weeks with the leakage of NSA protocol. The fourth amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place…
According to Justice Harlan concurring opinion in Criminal Procedures, the understanding of the 4th Amendment is that its protection is for people and not places. Therefore, he proceeds to give the explanation of the ‘two fold requirement’ for searches that occurs under the 4th Amendment while analyzing the Kat v. United States. “Firstly, did a person exhibited an actual (subjective) expectation of privacy and, second, that the expectation be one that society is prepared to recognize as ‘reasonable’”. Justice Harlan continues his statement saying that a person’s home, a place is where they expect privacy, however “objects, activities, or statements that are exposed by them to the “plain view” is not protected under the 4th Amendment”, since there was no intentions to keep to…
The ARA does not violate the constitution because it is content and viewpoint neutral. It is content and viewpoint neutral because it does not restrict speech. The ARA was passed to stop unwelcome communications that stop others from practicing their own rights. The ARA never mentioned that a person could not voice their opinions, only that they can not impose their ideas or make another person go along with their ideas.…
from an inadequate definition of what privacy is and the value that privacy possesses. The adherents of…
The Griswald case involved a bizarre law that forbade the use of condoms in the…
can and cannot do in the privacy of their own homes. The American Civil Liberties Union (ACLU) along…
Amendment IV- The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable…