What is constitutional law and was constitutional law broken in this scenario?

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Legal Issues Actions for Legal Issues

A student is doing a clinical rotation on a medical-surgical unit. In the hallway outside a patient’s room, a staff nurse explains the patient’s diagnosis to the student, mentioning that the medical condition typically is seen in patients with long-term cocaine use. When providing care for the patient, the student asks about any illegal drug use. The patient becomes upset and says that he has never used illegal drugs in his life. The student tells the patient that his condition is usually seen with long-term cocaine use. The patient orders the student out of his room, yelling that she has violated his constitutional rights and he is going to sue her for not providing a reasonable standard of care.

1.Did a breach of confidentiality occur between the student and the patient or between the student and the nurse? Explain.

2.What is constitutional law and was constitutional law broken in this scenario?

Two months after the patient in the scenario is discharged, his wife leaves him and he loses his job. The patient files an intentional tort action against both the student and the nurse.

3.Is this an appropriate legal action? ?
4.Would the patient in this scenario have grounds for malpractice?

Discuss how the Arizona Supreme Court distinguished between on-duty and off duty. Do you agree with this distinction?

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Review Case Study 18-1: EMT Injured by Toxic Fumes – Files Suit Against Chemical Company, found on page 231 in the textbook. Kapherr v. MFG Chemical, Inc., No. A06A0184, December 28, 2005.

The full decision is available at

http://caselaw.findlaw.com/ga-court-of-appeals/1005355.html

In Kapherr, the Georgia Court of Appeals found that the fireman’s rule does apply to emergency medical technicians. Address the argument that Kapherr maintained regarding treating the injured only if the scene had been secured. Do you agree with the court’s reasoning in responding to this defense? Explain why, or why not.

Describe a set of circumstances under which it would not be reasonable to consider that the emergency responder has assumed the risk of the hazardous circumstances at the scene.

Research and determine the status of the fireman’s rule in Georgia. Identify whether there has been any change to the law since Kapherr. Research and determine the status of the Fireman’s rule in your state. If your state is Georgia or Florida, please select a neighboring state. Has the rule been adopted and enacted into law? Have there been any exceptions enacted into law?

Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations.

FIR 4301, Political and Legal Foundations of Fire Protection 8

Case Study 2: 50 points

Read Espinoza v. Schulenburg, CV-05-0158-PR, Arizona Supreme Court, 2006.

To view the full decision copy and paste the following web address into a web browser:

http://www.myazbar.org/AZAttorney/PDF_Articles/0706appellate.pdf

Espinoza was an off duty firefighter and emergency medical technician who was injured while providing roadside assistance to the Schulenburgs. The trial court granted summary judgment to the Schulenburgs, holding that the firefighter’s rule bars Espinoza’s claim. The court of appeals reversed that decision, holding that the firefighter’s rule should be narrowly construed so as not to bar the claims of off duty firefighters.

To see the full Court of Appeals decision, copy and paste the following web address into a web browser: http://statecasefiles.justia.com/documents/arizona/court-of-appeals-division-one-published/CV040438.pdf

However, the appeals court remanded for determination of whether Espinoza had a duty as part of her job as a firefighter to render assistance, in which case the court would apparently conclude that the rule should apply to bar her suit. On appeal to the Arizona Supreme Court, a more conclusive decision was handed down. That Court made the clear distinction between on-duty and off duty, finding that Espinoza volunteered to render aid and, therefore, the fireman’s rule did not apply.

Discuss how the Arizona Supreme Court distinguished between on-duty and off duty. Do you agree with this distinction? Can you suggest other distinguishing factors that should have been considered? Should the fact that one receives workers’ compensation for the injury enter into the distinction? Describe how your department addresses rendering aid off duty. Is it part of your “duty” as a firefighter, or is it more so an ethical duty? Also, describe how your department addresses off duty injuries incurred as a result of rendering aid.

Discuss three prevention tips for your client to assist her with beginning to make lifestyle changes that will have a great impact on her pain levels and tiredness.

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Your client, Mrs. Smith, just began training with you. She complains of lower back pain and occasional neck pain. She sits for extended periods of time at work in an ill-fitting chair. She rarely exercises and always takes the elevator at work. Mrs. Smith is overweight by 40 lbs., she drinks three large diet sodas every day because she needs the caffeine to stay awake, and she smokes at least four cigarettes a day (usually after meals or eating).

Examine the exercise mode of flexibility by addressing the following:
• Describe how you would assess Mrs. Smith’s flexibility.
o Explain which flexibility tests you would select and explain your choices. Refer to the Chapter 5 Assessment Activities from Wellness: Concepts and Applications (8th ed.) as well as other scholarly sources.
o Summarize the procedure for one of the flexibility tests that you would perform on your client.
• Appraise the following and include what you will say to your client to educate and advise her regarding these elements.
o The factors associated with lower back and neck pain
o The benefits of a flexibility program
• Develop a flexibility plan by selecting four exercises or stretches that would be useful for Mrs. Smith to begin addressing her neck and back pain. For each of the four exercises:
o Identify the muscles used when performing these exercises/stretches. You must use the correct medical terminology for the muscles used in each exercise.
o Briefly describe the following to your client:
 How often and when to perform the exercises/stretches
 The type of stretch
 How long to hold the stretch
• Discuss three prevention tips for your client to assist her with beginning to make lifestyle changes that will have a great impact on her pain levels and tiredness.

What factors should Harber consider, and how should Harber evaluate his career options?

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Randy Harber, a 36-year-old construction crew chief, is employed by one of the largest mechanical contractors in the country. His employer operates in 44 states and 14 foreign countries. Randy and his spouse, Eileen, have two children, seven-year-old Kelly and three-year-old Jason. Eileen is a registered nurse and works part time in a family-practice office. Randy began his career in the construction field by entering the apprenticeship program immediately upon completing high school. He served as an officer in the local union and became a crew chief three years ago. His technical skills rank among the best. During the past two years, he has taken evening courses at the local community college to enhance his supervisory skills and to improve his chances of becoming a field superintendent. However, the construction industry has experienced no real growth, and opportunities for advancement are slim. During the past winter, Randy and others suffered reduced work weeks and had their use of the company truck severely restricted.

Randy Harber had been called to meet with Kevin Cook, vice president of field operations, in Cook’s office. The following conversation took place:

KEVIN: Randy, you know that our revenues are down about 25 percent from
last year.

RANDY: Yes. (Thinking to himself, “Here it comes: I’m going to get laid off.”)

KEVIN: We’ve been trying to expand our base of operations and have bid on contracts all over the world. I think we have the opportunity of a lifetime, and you figure to be one of our key players. The United Methodist Church is collaborating in a joint venture in Liberia to build a
hospital on the outskirts of Monrovia, the capital city. They have a medical missionary program there, and this hospital is a $23 million project. The general contractor will be out of Milan, Italy, and we have received the mechanical portion of the contract.

RANDY: That’s great! We can use the work.

KEVIN: This project will give us a strategic advantage in the European-African corridor. Top management has talked it over, and we would like for you to be our field superintendent on this project. Not only is this a great opportunity for us, but it will give you invaluable experience.
In addition, your salary will almost double. All the people on this project will be our very best. You’ll be leaving in three weeks, and we’d expect you to be on-site for 14months. What do you think?

RANDY: Geez, that sounds fascinating. How soon do you need an answer?

KEVIN: Go home, think it over, talk to Eileen, and let’s get back together tomorrow afternoon at about 3:00.
ANSWER THE FOLLOWING QUESTIONS IN YOUR ESSAY

1. Evaluate the offer made to Randy Harber. Do you agree that this is the opportunity of a lifetime? Why or why not?

2. What factors should Harber consider, and how should Harber evaluate his career options?

3. If you were Randy Harber what would you do and why? (Before you answer these questions, you may want to check some Web sites to get information on Liberia’s history, economy, business and governmental practices, policies, culture, language, and living conditions.)