Like many mentally ill Kentuckians, Morton was neither dangerous enough to be kept in a hospital for long nor healthy enough to care for himself in the community. If successful, House Bill 94 would "keep people out of the revolving door of the hospital," Sheila Schuster of the Kentucky Mental Health Coalition told the committee. Most states have adopted some version of "assisted outpatient treatment" since the 1980s, when families of the mentally ill began to lobby for it. Police or family members can have the mentally ill involuntarily committed to a hospital for treatment once they deteriorate to the point that they pose a threat to themselves or others. First, at a hearing, a judge would decide if the individual met various criteria, including having a severe mental illness, symptoms of anosognosia, a likelihood that he would be a danger to others and a determination that outpatient treatment was the least restrictive alternative available.
(Justice Samuel A Alito Jr.) There is not sufficient evidence that midazolam causes severe pain. Further, the 8th amendment does not obligate the execution method be free of pain. Besides, those given capital punishment are “deprived of life”(Alito), so the meager pain they encounter is incomparable to the amount of pain he/she caused to the victim(s). In addition, there is not sufficient evidence that the use of midazolam causes induces a notable risk of severe pain that the death penalty should be outlawed. Judges agreeing with the majority opinion are John Roberts, Antonin Scalia, Anthony Kennedy, Samuel Alito, and Clarence
Contentions of the Parties: During the second visit to the SOC, Harper filed a suit in state court under 42 U.S.C. 1983. He alleged the SOC failed to allow him a hearing prior to forcing the medication, thus violating the due process clause of the Fourteenth Amendment. The trial court rejected his claim; however the State Supreme Court reversed the decision. The Supreme Court remanded the case back to the trial court stating, “the State could administer antipsychotic medication to a competent, non-consenting
The 8th Amendment was formed to ensure that punishment for a crime was not cruel or unusual. It also has a clause for those with mental illness so that they will not face the death penalty for committing a crime that a sane person would commit. And those under the age of 18 would not face the death penalty. Since the 8th Amendment was attached to the Bill of Rights in 1791 it has taken on a different meaning for the accused of breaking the law and prisoner of today. In this paper we will look at several cases in which the 8th Amendment has been used in my opinion unethically to justify everything from gender reassignment surgery to claiming that one was mentally insane in order to get out of facing the death penalty.
First, Oregon was the front-runner in the world of physician-assisted suicide in the United States. In 1994, the state of Oregon passed the bill of a terminally ill individual’s right to die by lethal injection. Shortly after the passage of the bill, Oregon received their first challenge in the courts. In the case of Lee v. Oregon State, doctors and patients challenged Oregon, stating that the law violated the Constitution’s 1st and 14th amendments, as well as many other federal laws (Devlin, 1996). Due to this challenge in the courts, there was a temporary hold on the law. A year later, the judge in the Lee v. Oregon State dismissed the case. The dismissing of the case allowed physician-assisted to continue in Oregon (Devlin, 1996). Years
Based on this case the cost driver is to properly distribute the direct cost among the different divisions. Dr. Julian would like to control her departments costs by having them distributed fairly among the divisions without affecting the hospital’s reimbursement/revenue. Carroll University Hospital is currently using the standard costing unit, which is based on the cost of bed/day for inpatients. Currently the present cost accounting system that is being used at CUH takes the total direct cost of the departments, then allocates the indirect costs and distributes it among the departments evenly regardless of the actual resources being used in those departments, and without considering that there may be some patients in these divisions that may require more resources than others, this method does not seem to recognize the different activities,
Some say mental illness is an invisible disease, one that begins to eat someone from the inside out. Being mentally ill comes in many different forms: from basic depression and anxiety, to schizophrenia and depersonalization. These disorders can make a person feel as though they are losing control over what they are doing, as well as losing sight on what makes them normal. Mental illness can make a person do things that a normal person would not do, simple because of a person 's moral and ethical values. Sometimes, however, a person who is mentally ill commits crimes that are unforgivable. So, in lieu of these crimes, does that mean that the mentally ill should be punished, to the extremes of the death penalty, or should they be forced into
All patients in the emergency department should be given the same appropriate medical examinations and services to detect an emergency medical condition. I think hospitals should some type of in hospital insurance for uninsured persons or hospitals could assess patients in getting the right connection to get insurance before they leave the hospital.
The NHS Community Care Act 1990, this legislation states that any one aged eighteen years or over is entitled to help or require a service from a local authority. Everyone has the right to have their needs assessed and the care that is being provided, should be tailored to meet an individual’s needs to enable them to live in their own homes. We know that Mary is an elderly lady who is very independent, however there has been a change in Mary’s circumstances and under this piece of legislation Mary is entitled to have her needs met whether it be through referral or a change in circumstance. Those involved in this assessment will be social work who will take the lead on the case, Mary and her family, doctors or nurses and carers. Under the Social
The SOAD service safeguards the rights of patients detained under the Mental Health Act who either refuse the treatment prescribed to them or are deemed incapable of consenting.
The person I chose to interview was my Healthcare Legal & Regulatory Environment (HSM 330) professor, Mary Donnelly, JD, RN. Professor Donnelly has a Bachelor’s and Master’s degrees in Nursing, a Juris Doctor in law, and a Master’s degree in Bioethics. The combination of clinical work, knowledge of law and graduate study in Bioethics is a good combination for her work as a Bioethics Consultant at Loyola University Medical Center.
The claimant is a resident of the State of Florida and all services were given to her by the Defendant in the State of Florida.
The Florida Mental Health Act, also known as ‘Baker Act’ was enacted in 1971. The Baker act oversees mental health services including voluntary and involuntary admissions (Florida Supreme Court, 2018 ). The purpose of this legislature is “to protect the rights and liberty interests of citizens with mental illnesses and ensure public safety” (Florida Supreme Court, n.d). According to Mr. Baker, the founder of the act, the original intent was to encourage voluntary commitments, distinguish differences between hospitalization and legal incompetency, and community health care among individuals with mental illnesses (Florida Supreme Court, n.d). The involuntary admissions criterion for the Baker acts allows any inpatient treatment facility to hold someone in custody up to 72 hours for
In 2005, a family friend by the name of Randy Birdsong was a patient at Audie L. Murphy Memorial VA Hospital located in San Antonio, Texas. The Veteran Affairs (VA) medical staff was performing surgery on his abdomen. After the surgery, he was notified that there was insufficient space to accommodate his continued care. The V.A. advised him to keep his wound clean with a fresh roll of gauze, and sent him on his merry way. A few days later, Randy was back at the V.A. hospital with a noticeable infection taken place in his abdominal region. This prompted an additional surgery to clean the infected tissue. The V.A release Randy from the hospital once again for insufficient space and advised him to do his best to keep the sizeable hole in his abdomen
The supreme decision regarding health care in prison is Estelle v. Gamble in 1976. J.W. Gamble was a state prisoner within the Texas Department of Corrections who injured his back when a cotton bale fell on him. Over the next three months, he complained of back and chest pains, was subject to administrative segregation for refusing to work because of continuing pains, he was twice refuse permission to see a doctor. So Gamble filed his complain in court, under section 1983, claim and unusual punishment in his medical care. In that case, the Supreme Court held that prison staff (whether doctors or ofﬁcers or any others) violated the Eighth Amendment if they were deliberately indifferent to the serious medical needs of prisoners.