Healthcare Legal Aspects of Health Care Administration Research Paper

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Healthcare Legal

Legal Aspects of Health Care Administration

Please answer the question below:

Give and support two arguments for and two arguments against Euthanasia. (Note: Pages 430 to 433 in Pozgar's textbook will provide some background on the issue).

In modern medical practice the meaning of euthanasia is an action that assists dying in someone who has requested it and countries such as Belgium, where it is a legal practice, require that the person must be older than 18 years, be in unbearable physical or psychological pain that is medically permanent and without hope of recovery, the request must be made by his or her own self-will, and the person must have thought about it and made the request several times (Gulsah, Gursel, & Nazan, 2007). These requirements by themselves imply the kinds of arguments that can be made for the practice.

The obvious argument for euthanasia is to alleviate physical pain. There are some conditions that are so painful that euthanasia can be a humane choice to ending someone's suffering. However, there are some cases in which the pain might be temporary and this could serve as an argument against the practice; especially in cases in which it is unknown if the patient can recover. The Belgium definition requires that the individual ask several times and it must be on their own self-will. However, there are also pain medications that can dull even the most severe pains if there is any chance of recovery. Thus, pain can be used as both an argument for and against euthanasia.

Another line of thought can involve self-determination. If an individual choses to end their own life then this could be an expression of their own personal liberty. If a person is truly free then they should be able to make this choice for themselves. However, some religious beliefs and certain ideologies perceive euthanasia in a negative fashion and believe there is sanctity to life. They believe that life is to be protected either in all forms or just the human form. Therefore, these beliefs can trump the beliefs in personal liberty.

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QUESTION

Describe the meaning of the legal doctrine respondeat superior. Does this doctrine apply to independent contractors? Explain your answer.

The legal doctrine respondeat superior literally translates let the master answer. Using this doctrine the courts may hold a parent organization financially responsible for one of the employee's actions if the employee was acting within the scope of their job. Courts have traditionally relied on the doctrine of respondeat superior to impose liability on an employer when another party suffered injuries caused by the actions of its employees; if the employee's act is negligent or wrongful and causes injury, liability is placed upon the employer and an injured third party may sue both the employer and the employee (Freeman, 2004)

Next please research the 2 cases below and answers the questions as shown below:

CASES (Federal Case)

1. Gonzales v. Carhart (Federal Case)

Subject: the respondents were LeRoy Carhart, William G. Fitzhugh, William H. Knorr, and Jill L. Vibhakar, doctors who perform second-trimester abortions. These doctors filed their complaint against the Attorney General of the United States in the United States District Court for the District of Nebraska. They challenged the constitutionality of the Act and sought a permanent injunction against its enforcement. Carhart v. Ashcroft, 331 F. Supp. 2d 805 (2004). In 2004, after a two-week trial, the District Court granted a permanent injunction that prohibited the Attorney General from enforcing the Act in all cases but those in which there was no dispute that the fetus was viable and the Court of Appeals for the Eighth Circuit affirmed (Bostrom, 2007).

Facts: Statement of Issues: The court found that there is "uncertainty in the medical community over whether the barred procedure is ever necessary to preserve a woman's health

Rule of Law: The Supreme Court's decision upheld Congress's ban and held that it….....

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