CASE STUDY: KOZUP V GEORGETOWN UNIVERSITY (1983) NO BLOOD TRANSFUSION STANDARDS AT TIME
A three-year-old boy died of AIDS which he contracted from blood transfusions in January 1983, soon after his birth. The
boy's parents brought an action in the District of Columbia federal district court against both the hospital which administered the blood transfusions and the blood bank which collected the blood. Court Dismissed, no blood transfusion standards then - see page 234
CASE STUDY: ESTATE OF BEHRINGER V MEDICAL CENTER AT PRINCETON -
RISK INCLUDED NOT ONLY ACTUAL HIV TRANSMISSION
Dr. William Behringer, a staff member at the Medical Center at Princeton, ( New Jersey) was diagnosed with AIDS. Afterwards,
Behringer received numerous phone calls from various people expressing awareness of his illness, and his surgical privileges at the Center were suspended. He sued the Medical Center, alleging a breach of confidentiality and discrimination. Court held that the hospital acted properly in initializing suspending surgical privileges. The court found
that the risk included not only actual HIV transmission, but also the possibility of surgical accidents. Page 234 Book
CASE STUDY: TARRANT COUNTY HOSPITAL DISTRICT V HUGHES-
Society's interest superseded tainted individual
Plaintiff's original petition alleges that the deceased was given blood transfusions which resulted in her contracting Acquired Immune Deficiency Syndrome (AIDS), and in the death of the deceased. Hospital disclosed names of blood donors in a wrongful death, Hughes was one of the blood donors in which the Hospital disclosed his name. Court upheld society's interest in maintaining an effective blood donor program, Patient's rights superseded Tainted individuals to confidentiality.
CASE STUDY: SCHMERBER V CALIFORNIA (1986) - Prisoners have no rights
Petitioner Schmerber was convicted of DWI of alcohol based on a chemical analysis that revealed his intoxication. The blood was taken at the direction of a police officer at the hospital where the petitioner had been taken following an accident, over the petitioner's refusal. Court held prison authorities have interest in controlling the spread of AIDS.
Prisoners and Military have no rights, may test without consent
CASE STUDY: RAYTHEON V FAIR EMPLOYMENT & HOUSING COMMISSION-
Aids is protected class
(Appeal case) Raytheon was a plant worker was diagnosed as having AIDS.
Following his release from the hospital after an AIDS- related infection, Chadbourne attempted to return to his position at Raytheon. Physician gave him a letter to reinstate to work Raytheon alleging unlawful employment discrimination as a consequence of Raytheon's failure to reinstate him because they found out he had AIDS. Court ruled in favor of Raytheon because AIDS is a protected class & considered a physical handicap under the American Disabilities Act; ( able to perform his duties & have reasonable accomodations )
CASE STUDY: JOHNSON V UNITED STATES [ 735 F. Supp. 1 (D.D.c.) 1990 NEGLIGENT RECORD KEEPING
Woman in the military who was pregnant, donated blood and told she was HIV positive & that her child wouldnt live past 5 years of age. She had an abortion as a result of the counseling, 4 months later she was told by a Walter Reid physician had made an error in the paperwork and she did not have HIV. Big lawsuit- Negligent RecordKeeping
CASE STUDY: FISKE V U.S. HEALTH CORP OF SOUTHERN OHIO - REFUSAL TO TREAT HIV PATIENT
Hospital's on-call surgeon had a duty to treat patients who came to the emergency room & required his services. The surgeons alleged refusal to treat a patient because of his HIV-positive constituted an act of omission that could provide the basis for an action in negligence.
CASE STUDY: BLECHERTOWN STATE
SCHOOL V SAIKEWOCZ 1977
Mentally incompetent resident The superintendent of the mental institution petitioned the court for a guardian ad litem (a temporary guardian for the duration of the trial), who recommended that it would be in the patient's best interests that he not undergo chemotherapy. Judge ordered nontreatment of the disease based in part on findings of medical experts . Followed "best interest test" state required physician to certify patient was in PVS, court upheld
In re Cruzan
Missouri woman incompetent having sustained severe injuries . Hospital employees refused, without court
approval, to honor the request of Cruzan's parents, copetitioners her, to terminate her artificial nutrition and
hydration. Court upheld incompetents wishes
CASE STUDY: WASHINGTON V GLUCKSBERG
The Supreme Court of the United States held that a law that prohibits anyone (including physicians) from aiding
or causing another to commit suicide is constitutional. Supreme Court held that assisted suicide is not a liberty protected by the constitutions's due-process clause.
CASE STUDY: ELI V GRIGGS COUNTY
HOSPITAL & NURSING HOME
incident occurred which precipitate termination,Eli went to the dining room of the nursing home for her afternoon
break. Two witnesses testified that, during this afternoon break, Caroline made offensive and derogatory remarks about her supervisor and Griggs in general in the presence of residents of Griggs and visitors.
Court found that Caroline had made the remarks she was accused of making; therefore, the information in personnel files was not false. In order to be libelous or slanderous, and therefore defamatory, the statement must first be false.
CASE STUDY: BLUE CROSS V N CALIFORNIA
BREACH DUTY OF GOOD BY NOT DISCLOSING POLICY
Blue Cross had adopted an interpretation of its hospitalization policies that regularly denied its insureds
hospitalization benefits to which they were entitled.
In each case, Blue Cross, although initially confirming general coverage for hospitalization, thereafter refused to pay for the bulk of the hospital expenses incurred by each insured during his or her hospital confinement.
Court findings; essentially agreeing with plaintiffs'
contentions on all issues.
CASE STUDY: MCQUARY V AIR
Allegations that plaintiff was discharged wrongfully from her position at the nursing facility in retaliation for threatening
to report to state authorities instances of alleged patient mistreatment (pg 291)