Case Study On a winter morning in Oklahoma, Lisa Boudreau, a 40-year-old mother of two, started to sweat profusely even

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Case Study On a winter morning in Oklahoma, Lisa Boudreau, a 40-year-old mother of two, started to sweat profusely even

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Case Study On A Winter Morning In Oklahoma Lisa Boudreau A 40 Year Old Mother Of Two Started To Sweat Profusely Even 1
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Case Study On a winter morning in Oklahoma, Lisa Boudreau, a 40-year-old mother of two, started to sweat profusely even though she was outdoors building snowmen with her children. She also was dizzy. Lisa was frightened and extremely concerned because her mother had suffered from the same symptoms 4 years earlier and died from unknown causes. Lisa called her neighbor, Barb, who rushed over. Barb called 911. By the time Lisa reached the hospital, she was in a coma. Tests determined that Lisa was diabetic. With aggressive treatment, Lisa recovered and was released from the hospital. In discussing the situation with her neighbor, Lisa realized that her mother probably had diabetes also and just was not diagnosed. Lisa ponders on whether to sue the doctor and the hospital where her mother died for not diagnosing her condition properly.
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?
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