What steps should Dr. Matthews take to ethically implement her decision and monitor its effects?

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Irina, a 13-year-old girl of Arabic cultural heritage living in Boston, Massachusetts, was brought by her parents to a hospital emergency room after an assault by a stranger. Based on her injuries, the hospital staff suspected that the attacker had also sexually assaulted the girl, but she and her parents refused medical evaluations for rape. The family received a referral to see Janet Matthews, a clinical psychologist specializing in adolescent trauma. During their initial meeting with Dr. Matthews, the parents asked the psychologist not to discuss any sexual aspects of the assault with their daughter but to treat the psychological trauma from the assault in general. They told the psychologist that admitting a rape had taken place would cast a stigma on their daughter and make her ineligible to be married to men in their closely knit ethnic community. When asked in private, the girl also requested that sexual issues not be discussed for the same reason.

Ethical Dilemma

Dr. Matthews does not know if she should agree to the parents’ and child’s request.

Case Study Two Worksheet

Respond to the following questions in 250 words each question.

Why is this an ethical dilemma? Which APA Ethical Principles help frame the nature of the dilemma?

How might Irina’s age and parents’ involvement in the referral affect how Dr. Matthews can resolve the dilemma? How might the state law on treatment of minors and HIPAA rule on access of guardians to a minor’s health care record influence Dr. Matthews’ decision?

How are APA Ethical Standards 2.01a b, and c; 2.04; 3.04; 3.06; 4.01; 4.02; and 10.10a relevant to this case? Which other standards might apply?

What are Dr. Matthews’ ethical alternatives for resolving this dilemma? Which alternative best reflects the Ethics Code aspirational principle and enforceable standard, as well as legal standards and Dr. Matthews’ obligations to stakeholders?

What steps should Dr. Matthews take to ethically implement her decision and monitor its effects?

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?