Question

2) Describe the famous cases and how the outcomes affected health care

Roe vs Wade,1973

Estate of Berthiaume vs Pratt,1976

Morrison v. MacNamara,1979

Big Town Nursing Home v. Newman, 1970

Williams v.Summit Psychiatric Ctrs.1987

Answer 1

2) Roe vs Wade,1973

- Roe v. Wade was a landmark legal decision issued on January 22, 1973, in which the U.S. Supreme Court struck down a Texas statute banning abortion, effectively legalizing the procedure across the United States. The court held that a woman’s right to an abortion was implicit in the right to privacy protected by the 14th Amendment to the Constitution. Prior to Roe v. Wade, abortion had been illegal throughout much of the country since the late 19th century.

Estate of Berthiaume vs Pratt ,1976

- Estate of Berthiaume v. Pratt, M.D.

The plaintiff, as administratrix of her husband's estate, brought an action for invasion of privacy and for assault and battery based on photographs taken of her dying husband by his physician despite the husband's physical indications that he did not want to be photographed. In taking the pictures, the physician lifted the decedent's head, which accounts for the assault and battery charge. The husband died later that day.

The lower court granted the physician's motion for a directed verdict. The Supreme Judicial Court of Maine reversed, reasoning that the jury could have found that the decedent's right to privacy had been invaded, and that assault and battery had occurred when the patient was touched without his consent for purposes other than treatment. A new trial was ordered.

- Morrison v. MacNamara ,1979

- The Plaintiff, Morrison (Plaintiff), was injured when he fell after undergoing a medical test. The test was administered to the Plaintiff while he was standing.

Facts. The Plaintiff patient was given test for a urinary tract infection. The test was administered while the Plaintiff was standing. The Plaintiff had an adverse reaction to the test and fell, hitting his head. The Patient suffered permanent loss of his senses of smell and taste as a result of his fall. At trial, the Plaintiff provided expert testimony from a doctor practicing in Michigan. The doctor stated that the test is always performed while the patient is sitting or prone. The trial court refused to allow the testimony and held that the expert testimony for medical malpractice cases must come from a doctor who practices in the community where the malpractice is alleged, in this case Washington D.C.