HCMG250 Health Care Reform

Questions: Pick only one case and explain. 1. Suggest how you would obtain information sufficient to identify the Court whose opinion you are reading (opining court); 2. State the Issue to be decided; 3. State the Decision of the court below, if applicable; 4. State the Decision of the Court whose opinion you are reading (opining court); 5. Briefly explain the rationale behind the opining court’s Decision; 6. Briefly discuss how the concepts of reasonableness and fairness relate to this decision as you understand it; and 7. State whether you think you obtained equal, better or less information and understanding from the summaries read this week as compared to the cases read last week. Answers: Brief Of Case In the case of Randi A. J. v Long Is. Surgi-Center, 46 AD3d 74 [2d Dept 2007), the issue of disclosure of private medical information has occurred. In the given case, there was an unmarried woman aged 20 decided to terminate her pregnancy. She lived with her parents and her parents were against the pre-marital sex so she decided to conceal her pregnancy from her parents. She went to clinic for the abortion procedure and asked doctors to keep everything secret and do not tell anything about this to her parents. Despite of such fact, one person among the staff of clinic called at the home of patient and revealed the information about her abortion to her mother. On that ground the plaintiff woman has sued against the clinic for wrongful disclosure if confidential medical information. Regarding to the case there are several questions has been framed in the given case law, which has following answer (Borelli, & Sullivan, 2017). Obtain Information To determine the opinion of trial court, we will consider the facts involved in the investigation which proved that there was a breach of confidentiality. For such purpose the court has demanded the evidences at the time of trial and provides its opinion on the wrongful disclosure of private medical information without the consent of patient to her parents. Issue To Be Decided In such case the matter has been decided by the court was the matter of disclosure of confidential medical information of a patient to her parents despite of the strict instructions given by her. The plaintiff sued with the plaint that after knowing the all the situation of her the clinic has breached the clause of confidentiality. For such purpose she claims for the compensatory and punitive damage recovery from the respondent. Decision Of The Court On the plaint of plaintiff the Court has ordered to respondent to pay off her the punitive damage of $300000 and the sum of $65000 for plaintiff’s past and future emotional distress (Buettgens, 2015). Decision Of The Court Whose Opinion In order to award the above decision the court has reason that from the wrongful action of the medical clinic, the plaintiff has suffered from an emotional stress. So she has right to obtain the appropriate compensation or funds for damage. Rationale Behind The Opining Court’s Decision; On the appeal of such decision by the respondent, the court has modified the decision by evading the clause of punitive compensation for damage and considered it unnecessary as the imposition of such punitive sentences does not prevent the happening of such conduct in future (Buettgens, 2015). Concepts Of Reasonableness And Fairness Relate To This Decision As You Understand It The fairness and reasonableness of any opinion given by the Court can be measured by the fact that what evidences and facts of event it considered in the trial. Oobtained Equal, Better Or Less Information And Understanding From The Summaries Read This Week As Compared To The Cases The summaries given in these cases are more understandable as compared to the cases read before as they have intensive reasonableness and understanding of facts related to the cases (Bal, & Brenner, 2015). References Bal, B. S., & Brenner, L. H. (2015). Medicolegal sidebar: The law and social values: Res ipsa loquitur. Clinical Orthopaedics and Related Research®, 473(1), 23-26. Borelli, A. R., & Sullivan, C. A. (2017). Health Law. Syracuse L. Rev.,1(1) 67, 989. Buettgens, M. (2015). Health Care Spending by Those Becoming Uninsured if the Supreme Court Finds for the Plaintiff in King v. Burwell Would Fall by at Least 35 Percent. 2(2)22-23 Randi A. J. v Long Is. Surgi-Center, 46 AD3d 74 [2d Dept 2007]).

HCMG250 Health Care Reform

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