Bioethics Midterm 1 with verified Solutions | Latest updated | Rated A+

Bioethics Midterm 1 with verified Solutions | Latest updated | Rated A+ State and Federal Jurisdiction - -Most bioethics is state except research on human subjects -Lots of variance in bioethics laws due to variance across states (eg. doctor vs patient centered standards of care in different states) Structure of the legal system - -Trial, appellate, supreme -Parallel systems of courts that have 3 levels -Local reviews facts of case and has trials -Appellate review whether law was properly applied -Supreme is final arbiter about what law means/if law is constitutionally permissible -Most often, the Supreme Court only takes cases where there has been division of opinion upon appellate courts/circuit splits (ie if some appellate courts in cali ruled one way and others ruled another), but the current court is more activist than previous courts so not necessarily the case Baby K - -Has anencephaly- no upper brain, just brain stem, so has no thoughts or experiences -Baby K lived for a while after birth, had devoted mother -Mom repeatedly brings baby K into emergency department when baby K has trouble breathing -Medical staff go to trial court and say we'd like you to declare that its not illegal for us to refuse to care for baby k- because thought what is the point, wasting resources, burden on staff, medically futile -Trial court says staff must treat baby K- disability discrimination, EMTALA, right of parent to choose -appellate court agrees that staff must treat but only based their decision on EMTALA -baby k was in fed court bc EMTALA is federal law, appellate court mostly only ruled on EMTALA bc that was the federal part and didn't want to decide state laws EMTALA - -Federal statute, involved in baby K case -can't dump patients -If someone shows up to the ER in emergent condition, you must treat them without regard to their ability to pay until you stabilize them -once stable could transport to another hospital -even if they are not insured, you must treat them and not send them to a county hospital right away -rooted in common law related to inn keepers who took whoever showed up Statutes v. Regulations - -Most rules that people have to deal with legally are not statutes (laws that were passed by Congress) -What many of those laws do is establish agencies -Laws create agencies, agencies follow procedures and are allowed to make rules in subject matter areas because members of the legislature are not necessarily experts in all these areas- rules they make are called regulations -Most law is regulation in America, not statute