HA4050D Healthcare Court Case Final Research Paper Final Research Paper Directions: The Case/Issue Analysis Project (Final Research Paper) is a major assi

HA4050D Healthcare Court Case Final Research Paper Final Research Paper

Directions: The Case/Issue Analysis Project (Final Research Paper) is a major assignment required for HA4050D. It is designed to provide students the opportunity to display what they have learned in the course as well as the opportunity to apply professionalism. Because the legal profession is heavily dependent on the written word, this course has also been designated as a writing course for the university. Your ability to write in an organized, coherent manner using the APA style of writing is especially important to demonstrate. With that said, you are to pick a prior court case dealing with a healthcare issue that interests you, a current healthcare event/issue that is pending or that has been in the news, or any like healthcare issue that is worthy of writing about and would be of interest to you or others. Whatever the topic/issue, you should be able to write about it using the criteria outlined below. If the topic does not lend itself to these criteria, it is probably not a good topic to consider.

Scenario/Prompt *****ROUGH DRAFT OF RESEARCH PAPER ATTACHED****

Please pick a prior court case dealing with a legal/healthcare issue that interests you, a current legal/healthcare event/issue that is pending or that has been in the news, or any like legal/healthcare issue that is worthy of writing about and would be of interest to you or others. Whatever the topic/issue, you should be able to write about it using the criteria outlined below. If the topic does not lend itself to these criteria, it is probably not a good topic to consider. The topic must center on some interaction between the legal system and the delivery of health care services. For an appropriate topic you should be able to rely upon scholarly sources (i.e. published case opinions, journal articles, and news accounts) and not tabloids or web sites. Use the Online Library to ensure that sufficient source material exists to support your proposed paper.

Submit a Final Draft of your Final Research Paper which is worth 280 points

Final Research Paper – Case/Issue Analysis Project

TASK – Final Research Paper (Case/Issue Analysis).

**FORMAT:**
• Format: This paper should be written in APA format. For assistance with APA citation, including a tutorial, guides, and examples, visit the NAU Online Library’s APA Formatting and Style page.
• 1 inch margins [all four sides]
• Double-spaced, Times New Roman (12-point font)
• Pages numbered (upper right hand corner, along with a header)
• Use titles noted below in Content as sub-section headings
• Cover Page
• Title
• Student Name
• National American University

Content:
1. Case/Issue Summary (1-2 pages)
Overview of the history, the background, and the details of the case/Issue
• List of the insufficient details about the case/Issue and the assumptions the student has to make because of the missing information
• Identification of the issue(s) involved
• Stakeholder identification and discussion
• Identify all people/parties involved, including those not specifically mentioned in the case/issue
• List the concerns all stakeholders face or might have.

2. Identification and Evaluation of all Main Possible Solutions (2-3 pages)
• List of all main possible solutions. For each resolution under consideration, students should include:
• List of the significant possible consequences
• List of the ways the particular solution is likely to positively or negatively affect every stakeholder
• List of the ethical principles upheld or violated by the solution, including a brief explanation
• Evaluate each main solution and its outcomes, likely impact, and the values upheld and violated by it. Compare the possible solutions to each other and weigh them.
• Are some possible consequences of some possible solutions more important than others? Why?
• Are some possible consequences of some possible solutions more likely to occur than others? Why?
• Does one solution uphold or violate certain values in more or less important ways than another? Why?
• Why is one possible solution better or worse than another?
• If all main solutions are unsatisfactory, has the team searched for other possibilities or variations that have not been considered before?

3. Decision Statement and Defense Against Weaknesses (2-3 pages)
• State which solution is the best and why
• Make clear why the team rejected the other possible solutions
• Clarify the details of the chosen resolution and justify it
• Recommend plan of action – exactly how the decision will be carried out
• Defend the decision against objections to its main weaknesses
• State the main weaknesses of the selected decision. Why might someone object the decision?
• What are the best answers to these weaknesses? Explain why the team still considers their decision is the best. Running head: UNITED STATES SUPREME COURT
LP03.2 Assignment: Research Paper Rough Draft
United States Supreme Court
December 22, 2018
Abstract
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There has been a trend of violation of peoples’ rights in most of the health facilities
regarding the health of patients. Many cases have been reported where patients have been given
the wrong medication or treatment but doctors; allow me to say the careless physician and
manufacturers have adversely affected the health of the majority of the patients in our society
today. The manufacturers of medicines have contributed to this trend indirectly by getting the
wrong ingredients for the medicine, and this has resulted to further effects on the patients.
Doctors have taken part by carelessly mistaking the patient’s illness and ending up giving then
wrong medicine or drugs. This kind of mistake is as a result of ineffective drug labeling in most
of the pharmacies in the health facilities. These physicians have also mistakenly operated
patients either the wrong part, for instance, the wrong leg or the wrong arm. However, this
research paper seeks to explain the legal provision regarding the protection of patients against
misleading drug labeling. This is on both levels; federal and the state level.
The United States supreme court’s case study seeks a better position of explaining better
health policies that protect patients’ rights in the health facilities. My research paper aims at
giving a clear explanation or creating awareness to the patients on the effects of taking drugs
from different manufacturers. Patients have greatly been affected by the issue of drug labeling
just because of lack of awareness on the same. The read case study explains both federal and
state laws concerning this issue. Moreover, this research report will explain how the laws of
states safeguard the patients’ rights from violation or torture from the medical physicians.
Introduction
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My research draft is essential regarding the patient’s health since it creates awareness to
the naïve patients on the laws that are adopted by the state regarding the protection of most of the
health policies. This includes the rights for all patients regardless of their race, gender, religion,
age, among other social factors that most of the people that practice diversity exercise. However,
this report concerns one of the law firms which is the united states supreme court. This court is
designed or run to protect the rights of the citizens. In this context, this court protects the rights
of the citizens more so the patients who are impacted by some of the practices in most of the
health facilities. This research paper entails the protection of patients’ rights in the two major
types; federal and state laws. This is the critical objective of the research read from the case
study learning.
This draft will explain how drug manufacturers are protected by law regarding their
business of making drugs or medicine for various diseases (Whittington, 2005). This is as a
result of many cases of reactions of different ingredients applied by most of these manufacturers
when making these drugs. Instead of these drugs curing the diseases diagnosed, they have
worsened the conditions of many patients. The issue here is on the drug labeling which is well
stated in the article of the United States supreme court by Wyeth and Levine. Many
manufacturers do not label the drugs as indicated by law, and this influences the health sector
where the stated cases have become rampant. Most of them do not use the label or give the side
effect of the medicines that are directly injected in the patients’ veins. Some of the manufacturers
violate the federal laws by supplying drugs of stocks that are not authorized. From the article
read, the drug manufacturers are said to be responsible for their action; they are responsible for
the labels that are indicated in their products. As per the federal law, they are always expected to
keep labeling with updated information in drugs as this will prevent them from any accusation in
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case of adverse effects of medicine to the patients. Moreover, the federal law instructs that the
manufactures should always revise their drug labels. Federal law depends on FDA concerning
decision making on issues concerning the intake of drugs.
United States supreme court
The presented article clearly states both state and federal law that monitors the activities
of manufacturers in the health sector. The point of concern in this article is on the labeling of
drugs. We have some of the manufacturers who risk distributing illegal drugs to the various
pharmacies. This has resulted in negative impacts on the health of the patients. Laws that are
exercised in the united states supreme court calls upon are the drug manufacturers to use drug
labeling regularly since they will be held responsible for any misconduct identified or observed
considering the labeling of drugs and indicating their side effects on the patients (Warren, 2011).
They are ordered by law to frequently keep on reviewing their labeling and adjusting where and
when necessary. All these laws are made to ensure that patients get the right medication and the
drugs administered do not cause adverse or worse effects on their health conditions. In this
article, Wyeth and Levine state precisely what is exercised in the united states supreme court.
They thoroughly discuss and illustrate how drug manufacturers should grasp the issue of labeling
of drugs which is the primary factor that is affecting the health policies.
For instance, they give an example of Wyeth manufacturing anti-nausea drug which is
later administered to Levine by a clinician (Perry, 2009). The drug that Wyeth produces is
Phenergan. The clinician dispenses it directly to the veins of the patient, and later she develops
gangrene, and the physician amputates her for an arm. Levine alleges that Wyeth denied giving
clear and adequate risks of dispensing the drug that she manufactures. She brings state law of
damaging since Wyeth does not provide the effects of directing Phenergan in the IV- push
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method which is used by the doctor. They claim that Levine’s injury would not have taken place
if the manufacturer had provided clear repercussions of administering this drug in the IV-push
method. The court overturns events, and Wyeth’s verdict is declined against Levine’s where she
claims that her warning- claims were pre-empted by the federal court just because, the drug
dispensed had been approved by the national food and drug administration. In this case, the
federal law does not appropriate Levine’s claim about the claim of the lack of a label on the
Phenergan drug which was produced by Wyeth and the claim that it lacked warning on the
possible effects if administered through IV-push method.
However, several opinions are presented in this case. One of the views presented is that
Wyeth should compensate Levine for the damage caused due to inadequate labeling of drug and
lack of presentation of some of the possible effects that are created by the administration of
Phenergan drug. The administration of this drug results to amputation of Levine’s arm and thus a
compensation should be given. If even though Wyeth’s product had been approved by the food
and drug administration, it does not cover the part on Levine’s claims. This makes compensation
the only solution in this context.
A contradiction exists between the two character’s claims on the requirements of the
federal law considering the issue of drug labeling. The claims presented though contradicting;
the court finally arrived at an amicable decision? (Martin, 2004). Wyeth is accused of not
keeping a regular check up on the labels indicated on the Phenergan drug. Though the drug is
approved by FDA, it does not stress on the drug labeling and the better methods that can be
applied when administering this drug since the purpose of administration referred to seem to be
disastrous to the patients. Other opinions claim that drug label can only be changed if the FDA
approves the changing of the former labels put. Other claims are made stating that affirming the
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warning against the usage of Phenergan drug would not have made it a new drug but instead it
would remain to be the same drug, with the same side effects to the patients and thus Wyeth
should not be blamed for causing amputation on Levine’s arm (Gibson, 2003). So many cases
are reported and recorded on the usage of this medicine, and partly FDA is to blame for not
paying close attention to the products presented for approval before they are supplied or
distributed.
However, Wyeth argues that the FDCA should be authorized to approve regulation and
distribution of drugs which is not being effectively exercised by other authorities. Wyeth adds on
this that this body should be accorded with the power to own both floor and the ceiling of the
regulation of drugs (Chemirinsky, 2016). This body will cater to the consumer’s rights to be
protected from harmful products manufactured by several producers. This is contrary to the
Congress adopted by the FDCA. The claimed congress does not provide possible solutions or
remedies to the patients that are affected by the approval of harmful products that are not labeled.
The cases of patients being affected by the products that are produced by the firms would be rare
In conclusion, the Use supreme court offers a fair verdict concerning this issue of
approval of harmful products that have significantly affected consumers and more so the
patients. Patients have gone through hell as a result of careless or negligent manufacturers who
do not stick to the laws that govern them. This article is worth reading because of its educative
nature to the society today. This article will partly or entirely curb some of the harmful exposures
that patients or consumers go through. The consumers will learn their rights considering the
health sector of facilities and further create awareness on the measures to be taken before taking
any drug or medicine given to them by the physicians. There would be a decrease in the cases of
harmful drug consumption only if the manufacturers went through this article.
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References
Chemerinsky, E. (2016). Federal jurisdiction. Aspen Student Treatise.
Gibson, J. L., Caldeira, G. A., & Spence, L. K. (2003). Measuring attitudes toward the United
States supreme court. American Journal of Political Science, 47(2), 354-367.
Martin, A. D., Quinn, K. M., & Epstein, L. (2004). The median justice on the united states supreme
court. NCL rev., 83, 1275.
Perry, H. W. (2009). Deciding to decide: agenda setting in the United States Supreme Court.
Harvard University Press.
Warren, C. (2011). The Supreme Court in United States History (Vol. 1). Cosimo, Inc.
Whittington, K. E. (2005). “Interpose your friendly hand”: Political supports for the exercise of
judicial review by the United States Supreme Court. American political science
review, 99(4), 583-596.

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