Case Study On a winter morning in Oklahoma, Lisa Boudreau, a 40-year-old mother of two, started to sweat profusely even
Posted: Thu Sep 16, 2021 5:30 am
A. Case Study on Page 89 1. What do you think of this case? 2. What is the statute of limitations for malpractice in California. 3. Is this timeframe appropriate, why or why not? 4. Who would you report suspected malpractice to?
B. CASELAW February 1989 U.S. Supreme Court Decision The highest court in the land ruled that public officials may not be sued when their alleged gross negligence permits a child to be abused by a parent By a six to three vote, the justices said that a state does not have a constitutional duty to protect people, even abused children, who are not in the state's custody. Chief Justice William H. Rehnquist, writing for the court, said, "As a general matter... we conclude that a state's failure to protect an individual against private violence simply does not constitute a violation of the Constitution's) due process clause." (DeShaney v.Winnebago County Department of Social Services, 489 U.S. 189 (1989) No. 87-154) Discuss this ruling 1. If the gross negligence of a public official results in violence, should the public official be held legally responsible? Why or why not? 2. What, if any, repercussions would be appropriate?