Describe the search terms that you would use to find the statute of limitations for a medical malpractice cause of action under Florida law using terms and connectors. What database in WestlawNext would you search in?

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Research Scenario 2

The Wendle case

Your supervising attorney has asked you to meet with a client, Mrs. Wendle, who may have a medical malpractice cause of action. You meet with Mrs. Wendle and she tells you the following: Mrs. Wendle had severe arthritis in her hip. As a result, she underwent hip surgery two years ago at a local Tampa, Florida hospital. Her surgeon, Dr. Razor, is a well-known hip surgeon in the Tampa area. After surgery, Mrs. Wendle was discharged home without complications. Within a month, however, she came down with a fever, as well as constant pain when walking, sitting, and standing. She was readmitted to the hospital with an infection in her hip. As a result, she needed to have a second hip replacement surgery. Mrs. Wendle wants to know if your law firm will represent her in a medical malpractice case against the hip surgeon and the hospital. The date of your meeting is next Thursday. Your supervising attorney plans to file a complaint on behalf of Mrs. Wendle. She needs you to help her determine whether she can file a complaint, or if the case is barred by the Florida statute of limitations.

Research Instructions: Using your timer in Clio, you are asked to complete the following tasks in a memo to your lead paralegal, Ms. Johnson:

  1. Locate the following case on WestlawNext: Hillsborough Community Mental Health Center v. Harr, 618 So.2d 187 (Fla. 1993). Drop a copy of the case into the case file in Clio.
  2. Find the Nardone v. Reynolds, 333 So. 2d 25 (Fla. 1976) case on a non-fee based law-related website. Provide the name of the website that you used to find the case, and the link to the case.
  3. Find the following Florida Rules of Civil Procedure on a non-fee based website. Provide the Rule number and website address of the following:
  • General Rules of Pleading;
  • Pleadings and Motions;
  • Subpoena Duces Tecum for Deposition.
  1. Describe the search terms that you would use to find the statute of limitations for a medical malpractice cause of action under Florida law using terms and connectors. What database in WestlawNext would you search in?
  2. Describe the search terms that you would use to find regulations under Florida law relating to deceptive insurance practices using terms and connectors. What database in WestlawNext would you search in?
  3. Describe the search terms that you would use to find the provision in the Florida State Constitution regarding the jurisdiction of the civil courts in Florida using terms and connectors. What database in WestlawNext would you search in?
  4. Describe the search terms that you would use to find relevant secondary authority under Florida law on the issue of whether a medical malpractice action is barred by the statute of limitations using natural language. Conduct the search. List one secondary source that you came up with from your search.
  5. Keycite the following cases that you will use in a legal research memorandum:
  • Tanner v. Hartog, 618 So. 2d 177 (Fla. 1993);
  • Nardone v. Reynolds, 333 So. 2d 25 (Fla. 1976); and
  • Hillsborough Community Mental Health Center v. Harr, 618 So.2d 187 (Fla. 1993).
  1. Answer the following questions about the cases in question #8:
  • Are these cases good law?
  • What is the first case listed under negative treatment for each case?

Evaluation of a Health-Related Website

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Evaluation of a Health-Related Website

In July 1999, The American Telemedicine Association (ATA) issued the following advice to consumers who use the Internet for health-related information and services. ATA’s criteria for a quality site include the following (“Advisories” 2–3):

The site is sponsored by a reputable healthcare organization (American Cancer Society, American Medical Association, nationally recognized medical college, or the like). Information from a commercial interest such as a drug company should include assurances that the material is reasonable, balanced, and objective and does not merely promote the company’s own products.
Each information source is clearly documented.
A site providing online diagnosis or prescribing treatment and medication avoids any direct sales of the treatments or medications being prescribed.
The professionals offering medical consultation are fully licensed and their credentials are clearly posted.
The site clearly describes its policies and procedures for maintaining records of the consultation and safeguarding patient privacy.

Visit a health-related Website and evaluate it according to the above criteria. Focus on sites that cover alternative health such as as Alt Medicine, sites that create specific recommendations based on the information you provide such as WebMD, sites that offer specialized consultation about specific medical conditions such as HealthLine, or discussion sites for people with a specific medical condition such as the Cancer Survivors Network .

What are the challenges that must be considered in placing Ebony in your selected LTC? How can she and her family deal with those challenges?

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Ebony is a 35 year old African American female with history of Type 1 diabetes.  Fifty percent of her left foot has been amputated due to complications from diabetes and she has been on dialysis for 3 years.  She is currently hospitalized for a continuous fever she has had for a week and uncontrolled glucose levels.  The doctors also noted an ulcer on her right foot.  The doctors are prescribing extended antibiotics for one month.  She is currently on family medical leave from her job of 14 years as an office manager.  She is insured through private insurance from her employer.  The patient currently lives alone in a local apartment complex and gets support (i.e. emotional, transportation, etc.) from her siblings who also live in the city.  The medical team is concerned about her ability to thrive living independently.  The team is recommending that she consider long term care options.

  1. Which LTC provider would best address Ebony’s needs at this point in her life?  How will this LTC’s services address LTC’s needs?
  1. What are the challenges that must be considered in placing Ebony in your selected LTC?  How can she and her family deal with those challenges?

Financial Statements 3. Income Statement, 4. Critically analyzed One Project Risk 5. Explained Fixed and Variable costs as they pertain to this project Background of Project

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  1. Purpose Statement 2. Financial Statements 3. Income Statement, 4. Critically analyzed One Project Risk 5. Explained Fixed and Variable costs as they pertain to this project Background of Project The industry of medical devices involves a number of monitoring and reconstructive devices. Some of those devices include cardiac and diabetic care as well as hip and knee replacements. The owners of a medical device manufacturing firm called “JointsOrtho”have recently reviewed information about the expected growth of the aging population in the United States. Every day 10,000 Americans are turning age 65 every the population of older adults is expected to reach 89 million people by the year 2050. This figure is more than double the number of older adults in the United States in 2010. Orthopedic medical devices are one of the fastest growing areas in medical device manufacturing. The owners of JointsOrtho or JO,manufacture full hip and knee replacements and would like to have your firm set up a financial plan for opening a new manufacturing plant that makes medical devices often used for Orthopedics. Specifically you will set up a plant that manufactures Full Hip Replacements in Delaware. Each Full Hip Replacement will be sold throughout the United States at a cost of $36,750 each, including shipping, etc. Sales are expected to be between 1,000 and 1,200 hips per month. This figure is above what they are already producing in their first plant. Depreciation for equipment should be set to 10 years. Beyond the information provided you are unable to get any further guidance from the owners or the Financial Department at the other warehouse location. Remember, you are setting up a project proposal and sending your recommendations to the owners ofJointsOrtho.