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Identify and explain the four sources of law in the United States and give an example of each.

REQUIRED READING

Harris, D. M. (2014). Using the law to promote our policy goals and ethical principles. In Contemporary Issues in Healthcare Law & Ethics (pp. 3-10). Chicago, IL: Health Administration Press. Retrieved from the Trident Online Library.

Jahn, W. G. (2011). The 4 basic ethical principles that apply to forensic activities are respect for autonomy, beneficence, nonmaleficence, and justice. Journal of Chiropractic Medicine, 10(3), 225-226. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4863255/

Martin, G. (2021). Public health ethics. Thinking about bioethics, human rights, justice and moral responsibility [Video]. YouTube. https://youtu.be/G1IOf7Hd69g

Ruger, J. P., Ruger, T. W., & Annas, G. J. (2015). The elusive right to health care under U.S. law. The New England Journal of Medicine, 372(26), 2558-2563. Retrieved from the Trident Online Library.

Showalter, J. S. (2020). A brief history of law and medicine. In The Law of Healthcare Administration (9th Ed., pp. 1-37). Chicago: Health Administration Press. Retrieved from the Trident Online Library.

Showalter, J. S. (2020). Access to healthcare: Rights and responsibilities. In The Law of Healthcare Administration (9th Ed., pp. 39-79). Chicago, IL: Health Administration Press. Retrieved from the Trident Online Library.

Simkins v. Moses H. Cone Memorial Hospital, 323 F. 2d 959 (1963). Retrieved from https://www.leagle.com/decision/19631282323f2d95911029

Assignment Overview

This assignment gives students the opportunity to review and dissect a legal decision—to identify its different elements, the types of laws involved, and the basis for the decision. For this assignment, be sure to carefully read Chapter 1 from the textbook as well as the court case below, Simkins v. Moses H. Cone Memorial Hospital. You may need to do additional research for the final question to support your analysis.

Simkins v. Moses H. Cone Memorial Hospital, 323 F. 2d 959 (1963). Retrieved from https://www.leagle.com/decision/19631282323f2d95911029

Homework Case Assignment

After carefully reviewing the required readings, answer the following questions. Copy the questions directly from the assignment and answer them each separately.

  1. Identify and explain the four sources of law in the United States and give an example of each.
  2. What is the citation for the Simkins case? Label each part of the citation.
  3. Define what majority and dissenting opinions are. Identify who drafted each for this case.
  4. At what level of the judiciary was this case decided?
  5. Identify and explain the legal statute that was examined in this case and its relevance.
  6. Constitutional law was also a factor in the decision. Identify and discuss the amendments that were addressed and their importance to this case.
  7. The reach of this case was limited. Why is that?
  8. Explain the relationship of ethics to this decision. Be sure to identify relevant ethical principles.
  9. What is the relevance for health administrators in studying a case such as Simkins? There is no one answer for this, but be sure to provide your critical analysis and support it with reliable sources.

Assignment Expectations

  1. Conduct additional research to gather sufficient information to justify/support your analysis.
  2. Limit your response to a maximum of 4 pages (title and reference page is not included in page number count).
  3. Support your paper with peer-reviewed articles, with at least 3 references. Use the following link for additional information on how to recognize peer-reviewed journals:
    Angelo State University Library. (n.d.). Library guides: How to recognize peer-reviewed (refereed) journals. Retrieved from https://www.angelo.edu/services/library/handouts/peerrev.php
  4. You may use the following source to assist in formatting your assignment:
    Purdue Online Writing Lab. (n.d.). General APA guidelines. Retrieved from https://owl.english.purdue.edu/owl/resource/560/01/
  5. For additional information on reliability of sources, review the following source:
    Georgetown University Library. (n.d.). Evaluating internet resources. Retrieved from https://www.library.georgetown.edu/tutorials/research-guides/evaluating-internet-content
  6. This assignment will be graded based on the content in the rubric.

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