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Pages:
4 pages/≈1100 words
Sources:
3 Sources
Style:
APA
Subject:
Health, Medicine, Nursing
Type:
Case Study
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 19.44
Topic:

Health Care Law and Ethics Foundation in the United States

Case Study Instructions:

Module 1 - Case
THE FOUNDATION OF HEALTH CARE LAW AND ETHICS IN THE UNITED STATES
Assignment Overview
This assignment gives students the opportunity to review and dissect a legal decision—to identify its different elements, the types of laws involved, and the basis for the decision. For this assignment, be sure to carefully read Chapter 1 from the textbook as well as the court case below, Simkins v. Moses H. Cone Memorial Hospital. You may need to do additional research for the final question to support your analysis.
Use required reading uploaded and below. Also add scholars.
Simkins v. Moses H. Cone Memorial Hospital, 323 F. 2d 959 (1963). Retrieved from https://www(dot)leagle(dot)com/decision/19631282323f2d95911029
Case Assignment
After carefully reviewing the required readings, answer the following questions. Copy the questions directly from the assignment and answer them each separately. ADD RUNNING HEAD AND NUMBER PAGES.
Identify and explain the four sources of law in the United States and give an example of each.
What is the citation for the Simkins case? Label each part of the citation.
Define what majority and dissenting opinions are. Identify who drafted each for this case.
At what level of the judiciary was this case decided?
Identify and explain the legal statute that was examined in this case and its relevance.
Constitutional law was also a factor in the decision. Identify and discuss the amendments that were addressed and their importance to this case.
The reach of this case was limited. Why is that?
Explain the relationship of ethics to this decision. Be sure to identify relevant ethical principles.
What is the relevance for health administrators in studying a case such as Simkins? There is no one answer for this, but be sure to provide your critical analysis and support it with reliable sources.
Assignment Expectations
Conduct additional research to gather sufficient information to justify/support your analysis.
Limit your response to a maximum of 4 pages (title and reference page is not included in page number count).
Support your paper with peer-reviewed articles, with at least 3 references. Use the following link for additional information on how to recognize peer-reviewed journals:
Angelo State University Library. (n.d.). Library guides: How to recognize peer-reviewed (refereed) journals. Retrieved from https://www(dot)angelo(dot)edu/services/library/handouts/peerrev.php

Case Study Sample Content Preview:

Health Care Law and Ethics Foundation in the U.S.
Students Name
Institution Affiliation
Course
Health Care Law and Ethics Foundation in the United States
Identify and explain the four sources of law in the United States and give an example of each.
Four primary sources of laws govern the United States, including previous cases (Case Laws) and Judicial Opinions, the Constitution, Administrative Laws, and State and Federal statutes. The United States Constitution is the most significant legal authority because it consists of charters that guide and shape the government's structure (Miller, 2018). Furthermore, the Constitution's provisions are legally obligatory and serve as a foundation for legislation. In addition, all federal and state acts, case law, court judgments, and administrative rules must be consistent with the U.S. Constitution.
Each state in the United States is governed by its own Constitution. These state constitutions are representations of the Fourteenth Amendment's Equal Protection Clause. Since statutory laws are classified into federal and state laws, the states and federal statutes serve as the foundation for the legal system and procedures in the United States. Congress must enact the Federal and State Statutes. It means that the laws are only enforceable within the adopted state. A Federal Statute on anti-discrimination legislation is 42 C.F.R. 53.112. Administrative regulations are laws enforced by administrative authorities at the state or federal levels.
In addition, Administrative Regulations dictate the structure of the justice system and how enforcement is conducted. The Environmental Protection Agency exemplifies administrative Regulation law. Common Laws also contain case law and judicial decisions. They are frequently developed by legislators and presented to courts for use in various socioeconomic situations (Showalter, 2020). The regulations cover various legal concerns not covered by federal or state legislation.
What is the citation for the Simkins case? Label each part of the citation.
The citation for Simkins's case is; "Simkins v. Moses H. Cone Memorial Hospital, 323 F.2d 959 (4th Cir. 1963)."
Define what majority and dissenting opinions are. Identify who drafted each for this case.
Dissenting opinions extensively modify the structure of the legal system in the United States from one or more judges in a particular case. Dissenting opinions are disagreements with the majority ruling expressed by one or more judges in a lawsuit. In addition, the United States Supreme Court considers the majority opinion as a majority interpretation. A majority opinion is agreed upon by more than half of the judges concerned in a case. A concurrence is an independent legal opinion issued by an appellate judge who decides with the majority. A Chief Justice is generally tasked with writing the majority opinion. A notification of the Supreme Court's ruling is included in the draft and a description of the court's reasoning. For example, after ruling that no state action had occurred, the court decided not to rule on the constitutionality of the Federal Anti-Discrimination Act. A declarative statement was no longer relevant to the case's resolution and would thus constitute an unlawful ad...
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