Thursday, January 13, 2011
1. Dunbrook #: 860-874-6858
a. 3 sections
i. 1 worth 50 pts : fact pattern-spot issues and apply laws
1) IRAC i i. 2 worth 25 pts: opinion letter to client - issue given to us i ii. 3 worth 25 pts: hypothetical future occurrence and a statute and if statute will stand
1) Case to look at given to us
b. Do not need to no ERISA or anti trust- look at highlighted areas
c. No page limit
i. The Deadly Choices at Memorial by Sheri Fink
1) Principal of double effect: give morphine ( to alleviate pain) to the point where it i nduces death
a. Defining Sickness: Defining Health i . Important to define health, because quality of care relates to healthiness. Go to get care for preventive reasons and also to get healthy ii. Definition of health
1) Class discussion
a) Physically fit
b) Disease free
c) The norm in regards to blood pressure, cholesterol, weight, etc.
i) Who defines normal i i) Does the norm change?
d) Organs are healthy
2) World Health Org: defines health as "a state of complete physical, mental and social well -being and not merely the absence of disease or infirmity"
a) High threshold
b) What about the government providing public health care with this definition? Is i t possible?
i) Social indicia have as much as an impact on health as medical services
One. This becomes complex
3) Limited definition: the performance by each part of the body of its "natural" function
a) What is the range of normal function?
i) Is it statistically? ii) What about fertility? Is infertility a disease? At some point men and women all become infertile so at what age is it considered a disease? iii) Can also be temporally defined: depends on timing if it, example -PMS iii. Katskee v. Blue Cross/Blue Shield of Nebraska (1994)
1) Facts: P's Dr diagnosed P as suffering from a genetic condition called breast -ovarian carcinoma syndrome and recommended that she undergo an