07Sep 2021 by
THE BOOK WE ARE USING FOR THIS CLASS IS:
NALA Manual for Paralegals & Legal Assistants, 6th edition
ISBN: 9781133591863Black’s Law Dictionary: Pocket Ed, 5th editionISBN: 9780314844897
The Threaded Discussions are like mini-classroom presentations. Each week a question will be presented for your consideration. You must submit your first post by Thursday; posts two and three must be posted by Sunday. All three posts must be on three separate days, and must be supported by a reference (i.e. a citation to your source). Your posts should be very formal, with proper use of citations, grammar, and spelling. Casual conversations should be limited to the Open Bar.
This is the CRITERIA that your posts will be graded on:
The depth of understanding you display
The accuracy of your cites (citations are mandatory)
Your writing skills (grammar / spelling)
Proper word count for each scenario (between 150 – 250 words ONLY)
The quality of your interaction with other students in the discussion
Basic calculation of your grade:*
3 posts that meet the criteria
2 post that meets the criteria
1 post that meets the criteria
3 posts that do NOT meet the criteria
2 posts that do NOT meet the criteria
1 post that does NOT meet the criteria
No posts at all, or of opinion alone
* Note: This grading chart is a basic calculation for you to follow. Your final grade will depend on the effort shown, the actual number of posts submitted, and the quality of interaction.
Week 2 Law Talk Topic:
This week we will be discussing the liability that hospitals face. You should read Chapter 10 before proceeding with this assignment. Each post will require to assume a different role. Be sure to read the scenarios carefully and follow the instructions for each particular post.
Scenario for Post 1
You are a hospital administrator who grants privileges to several local doctors. Your liability insurance carrier wants to know what steps you are taking to ensure the competence of those doctors. Provide a list to the insurance company that outlines what you look for in your doctors. Your goal is to be as complete as possible. Why? If you’re not, the insurance company will deny the policy, and leave your hospital open to liability. No pressure, but your job is on the line if the company denies the policy.
Scenario for Post 2
Now you represent the insurance company. Read through the posts that your fellow students submitted as their first post. Find a post that interests you, then respond to it. Remember, you are now representing the insurance company. Your goal is to question the hospital’s ability to find competent doctors. Are they covering their bases? Should the hospital be considering other factors when granting privileges to doctors? If this hospital does grant privileges to incompetent doctors, your job is on the line. Why? Because you provided the hospital with a policy, and it will have to pay on a malpractice suit if one of their doctors is negligent. So be thorough!
Scenario for Post 3
Read through the posts submitted by your fellow students. Come to your own conclusion about insurance carriers. In your opinion, are insurance companies unfair to hospitals? Are they in it solely for financial gain? What about the hospitals, are they being competent and thorough? Provide as much information as you can regarding your opinion on hospital liability for incompetent doctors and the insurance industry. For this post, cite to a fellow student’s post as support for your position.
Here is an example of a post that meets criteria:
Roe v Wade was decided in 1973. The Supreme Court at that time determined that a woman had a right to choose. One of the underpinning issues of Roe is a right to privacy. The right to privacy is addressed in the 1st, 4th, 5th, 9th, 13th and 14th Amendments.
The Supreme Court has reaffirmed Roe v Wade 38 times (1). In 1992, Casey v Planned Parenthood,14 F.3d 848, the Court ruled 5-4 to uphold the core of Roe v. Wade, the right to privacy. In this case, the Supreme Court stated, the ability of women to participate equally in economics and social life of the Nation has been facilitated by their ability to control their reproductive lives and that this ability to control their reproductive lives was enough of a reliance to sustain Roe.(2). This conclusion by the court specifically affirmed the doctrine stare decisis as it applies to Roe v Wade.(3)
In my opinion the original ruling in 1973, 38 reaffirmations, the 1992 affirmation of Roe v. Wade doctrine of Stare Decisis , the rights to privacy as indicated above, along with the fact that this law has become a law that has come “to be relied on”(4), makes it obvious that this is “settled law”. However, Judge Alitos refusal to commit to one side or the other, has enabled him to avoid hanging himself with either the pro-life or the pro-choice side. In my opinion, Judge Alito is not correct in his refusal to acknowledge Roe v Wade as settled law.
Word Count: 204
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