The Case Against Marijuana Gonzales v. Raich In Gonzales v. Raich the legal issue facing the court is whether Congress has the power, through Article I Section 8 of the Constitution, to “prohibit the local cultivation and use of marijuana in compliance with California law.” The 1996 Proposition 215, now codified as the Compassionate Use Act of 1996, was created to ensure ill residents of California had access to medicinal marijuana. The 1996 Act is relevant to this 2005 case because it is important to the eventual dispute before the court.
This is a case concerning negligence. The plaintiff, Mr. Davis’s wife, wishes to bring this case to the court under negligence law because of the death of her husband in a car accident. There are two defendants in this case. The first defendant, GM Holden Ltd, is a car manufacturer. The second defendant, Brown’s employee, is a truck driver.
The prohibition infringes Smith’s liberty because he will face jail sentence by possessing marijuana that is not dried. Furthermore, it also harms the liberty of medical marijuana users since it requires them to inhale dried marijuana in spite of the risk associated with smoking it. Moreover, evidence presented at the trial revealed that oral ingestion such as baked products or gel capsules, which are the ones Smith produced, allows the medical benefits to continue over a longer period of time, which is more effective for chronic condition (R. v.
DATE: December 19, 2016 TO: New Employee FROM: Jessica Cionca SUBJECT: What to Avoid When Facing a Consistent Issue in the Healthcare Setting Summary: Given below is what to except as a new employee in the healthcare system as a Registration Representative. There are many positive benefits when working in the hospital, but there are several issues that could potentially terminate any employee.
The first individual right under the health care system is "rights related to receiving services provided under healthcare, health financing, or health insurance laws. An example of this right is the Patient Self Determination Act. This act is a federal law that requires health care organizations, such as hospitals and nursing homes to provide information on advance directives, must ask you whether you have an advance directive, and provide information of your rights under state law, such as the right to refuse treatment. This law ensures that a patient 's right to self-determination in health care decisions is communicated.
The HIPAA rule is built to protect and prevent disclosing individuals’, and consumers’ identifiable health care information unlawfully and without getting authority from the concern parties. If someone break the law, individuals are subject to civil penalties of $100 on each violation but the penalty can accumulates based on numbers of violations; the standard maximum limit of civil penalties is $25,000 each person, each year (HIPAA Privacy Rule – What Employers Need to Know, n. d.). As per stacking rules, if a person violated two HIPAA standards, the penalty can be $50,000; Similarly, the criminal penalties subject to maximum of $ 250,000 and ten years in prison can be imposed to those individuals and parties who disclosed protected information
Health Care Law: Tort Case Study Carolann Stanek University of Mary Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.
• Healthcare providers should be able to order if “deemed fit” • They should be allowed to grow it for the own use • That all seized cannabis be returned to the rightful owner • Not to be treated like 2nd class citizens with their claim that marijuana was safer that alcohol and tobacco Times the are changing. I guess they had to start somewhere. I must say I am glad that as each state is legalizing marijuana, there are clear and concise rules to the game, and not the haphazard rambling of the mission statement. I do believe that in the right hands of pharmacist and physicians the medical necessity can be found and those that are in need will be able to get it.
Patient Rights. Enactment of HIPAA enables patients in many ways by providing them a set of rights which include a right to be notified about the privacy practices of the covered entity they are dealing with, a right over control and access of their Personal Health Information(PHI), and to take legal action against an entity on encountering any HIPAA violation without facing threats of retaliation. Security Safeguards. The Security Rule of HIPAA provides a highly detailed series of requirements in terms of administrative, technical, procedural and physical guidelines, for securing the electronic Personal Health Information (ePHI). State Law.
Back in the early twentieth century, marijuana was mainly used for medical purposes in the US. Now, both it 's recreational and medical use is increasingly being consumed by the population and the tendency is to continue increasing. Much has been said about the use of marijuana as a solution to different health problems, and although not everything that is said is true, it cannot be ignored that marijuana can help in the treatment of some cases of adult patients. CNN’s chief medical correspondent, Dr. Sanjay Gupta, was opposed to the medicinal use of cannabis. Based on his knowledge as a neurologist, he was convinced that the drug was dangerous and had dismissed its supposed therapeutic benefits.
It can no longer be ignored that medical marijuana could very well be the best way to treat chronic pain in suffering individuals. Cannabis is lower-risk as opposed to opioid painkillers, as it is much less addictive (or not at all addictive) and would potentially never lead to overdose deaths. Statistics from the CDC show that those who take Rx opioid painkillers are forty times more likely to be addicted to heroin, as opposed to just three times more likely with marijuana use. Many drug abuse prevention and intervention methods are already in place, such as prescription drug monitoring programs (PDMPs). The problem cannot always be prevented by a parent, a friend, or a family member.
Medical Malpractice Everyone makes mistakes, but some are more deadly than others. Malpractice is the illegal or negligence, professional activity or they’re working out of the their scope of practice. Medical malpractice is one of the top causes of death in the United States. With this being said, insurance for medical practitioners would be considerably higher.
Many citizens of California such as Robert Raich, Angel Raich and Diane Monson who support medical marijuana hoped their voice and the voice of people who support medical marijuana be heard in Congress. Diane Monson for example, was prescribed medical marijuana because of her lower back pain. On the same topic, Angel Raich was prescribed medical marijuana because without it, she would lose her appetite and die from a “wasting syndrome.” Angel Raich said “I don’t know how to explain it, I just can’t swallow without
The main ethical challenge about the use of medical marijuana is the fact that many people are against drug use and marijuana is an illegal substance in many parts of Australia. Being a new topic there are very few philosophical events/report that analyse medical marijuana, however, the rule of utilitarianism can still be applied. Utilitarianism is a theory where the pros and cons are evaluated on the outcomes of choosing one action/policy over other actions/policies, it takes the action and interests of others into account (na, 2003, Online Guide to Ethics and Moral Philosophy). The use of medical marijuana obeys the theory of Utilitarianism as it benefits the minority of people that require access to the drug and does not cause any harm to those who do not require the drug. It has become clear that the position of ethicist must be with the use of medical marijuana as it provides the most favourable outcome for the entire
Opposing Viewpoints in Context, link.galegroup.com/apps/doc/A369861026/OVIC?u=nysl_sc_btbsls&xid=53e553ee. Accessed 6 Feb. 2017. Your opinion on the law: The New York State Department of Health today announced that it has officially filed amendments to the Medical Use of Marijuana regulations that will authorize nurse practitioners to register with the Department to certify patients for medical marijuana as of the end of November. Sources Used: https://www.health.ny.gov/press/releases/2016/2016-11-22_medical_marijuana_program_expansion.htm Your opinion on the law: If you are arrested for charges relating to illegal possession of marijuana in New York, the penalties you face will often depend on the amount of marijuana you possessed and your intended use for
