While delivering a liver for transplant to a nearby hospital, Hank gets a hankering for some ice cream. Using his employer’s car, he takes a detour. Before getting his ice cream, Hank shops at a flea market next to the ice cream shop for 20 minutes. After getting two scoops, in route back to the main road to the hospital, Hank trying to grab his phone, swerves, and hits an electric pole. Not only does he lose his scoop of Rocky Road, he severely injures his neck. Will Hank be able to recover worker’s compensation from his employer?

ESSAY (100 Points): You’re employed in the HR department of a non-profit hospital. Your manager receives a newly filed employment discrimination case. She asks you to write a memo that will educate her about this area of the law and make specific recommendations about issues which may arise in this matter. She asks you to be specific about the requirements to state a prima facie case for all causes of action against the hospital; what defenses may be asserted and how the plaintiff may counter the defenses.   The complainant, Johnny Fedup, age 50, alleges the following:   He worked as an assistant pharmacy manager at Best Hospital from April 2012 until he quit in October 2016. Fedup filed a lawsuit on October 29, 2017, well within the statute of limitations.   The CEO of Best Hospital is Warren Wolf. It has 150 employees.   During Fedup’s over four years at Best Hospital, Wolf often insulted his looks and clothing; made him the target of ridicule among both his colleagues, supervisees, and managers; and in the presence of other employees, made statements such as, “When are you getting your reconstructive surgery” and “We need a real man as the pharmacy manager, not some old fart”.  At least once, Wolf told him he was a “fat-ass old-timer.”    At one point in 2015, Fedup asked Wolf about a potential promotion to Pharmacy Director that would include additional responsibilities, supervisory status, and a salary increase.  Wolf told Fedup to ask the current pharmacy manager, who was leaving for a position at another hospital.  A few weeks after Fedup asked the manager, he was informed by Wolf that neither he nor the manager thought Fedup would have the energy to perform the more rigorous responsibilities of the Director position, given his age and weight.  To that Point, Fedup’s performance reviews had been stellar.   Beginning shortly after Fedup starting working at the hospital, one of the pharmacy technicians, Julie Jones, continually asked Johnny out on a date.  He never agreed, but Julie continued to ask, to make unwanted physical advances and contact, and regularly talk about her romantic feelings towards him with others in the pharmacy.  Fedup discussed this matter with Jones on multiple occasions, but could never convince her to end the behavior.  Fedup did not have the authority to discipline Jones himself, and when he reported Jones to HR there was very little follow-up and no action was taken against Jones.  Jones discovered the complaint to HR, but rather than end the behavior Jones continued it and eventually started making vague threats of physical harm against Fedup.  Fedup reported the continuing behavior by Jones to HR, but again to no avail.   In August 2016, Fedup complained directly to Wolf about both Wolf’s conduct and the conduct of Jones.  Wolf said “well, can’t you take a joke” and then continued to make a comment about how he couldn’t tell since Fedup always looked sad.  Regarding Jones’ conduct, Wolf said “you should be happy a woman is even paying attention to you.  Besides, she works for you in the pharmacy so why don’t you just enjoy it.”  Wolf continued to ridicule Fedup in front of other employees of the hospital, and Jones continued her behavior as well.   Fedup collected his paycheck and quit October 1, 2016.

Informed consent is a legal doctrine that provides that a patient has the right to know the potential __________.

Essay (100 Points): On January 28, 2014, Chris, who is uninsured, came to the Bosse Medical Center (BMC) emergency room complaining of an extremely high fever, cough and shortness of breath, was screened and was later that day admitted to the hospital as having severe dehydration and lung disease. During the course of Chris’ inpatient treatment at the Bosse Medical Center, it was determined that he suffered from bilateral pneumonia, Adult Respiratory Distress Syndrome (“ARDS”), and significant lung damage.   Between January 29 – 30th, 2014, while Chris’ condition was at all times unstable, various doctors and nurses associated with the Bosse Medical Center attempted to transfer him out of the hospital on eight separate occasions because Chris did not have health insurance.   Chris alleges that on February 1, 2014, two of Chris’ doctors certified that he was stable for discharge from the hospital, despite his still experiencing serious symptoms. After being wheelchaired to the hospital entrance and while walking through the parking lot to the closest bus stop, Chris went into cardiac arrest. He was brought back inside the Bosse Medical Center where he was resuscitated and admitted and placed on a ventilator in the ICU.   Chris remained at Bosse Medical Center until February 24, 2014, at which time he was again discharged to his home.   On February 26, 2014, just two days after discharge from the hospital, Chris’ medical condition deteriorated. A Bosse Medical Center owned and operated ambulance collected Chris from his home but was directed by BMC to another nearby hospital with emergency department because “no pulmonologist was available to evaluate and treat him at BMC”.   However, the ambulance coordinator was incorrect that there was no pulmonologist at BMC because he looked at the wrong schedule.  When the ambulance arrived at Betterment Hospital, which had facilities to provide the necessary treatment to Chris, he was admitted to the ICU.  A medical examination uncovered that Chris was suffering from significant lung damage, and that “is lung has been collapsed to some degree for quite some time…” On February 29, 2014, Betterment physicians performed a successful surgery on Chris to repair his lung.   Identify and assess all the bases for Bosse Medical Center’s liability under EMTALA and any tort causes of action that Chris is likely to assert, and any defenses Bosse may claim.   If you believe there is unknown information that might dictate one outcome or another, specify the information and how it might change your analysis.

Linda, a driver for Swift Hospice Patient Transportation, causes a five-car accident on an interstate highway. Linda and Swift are liable to:

Informed consent is a legal doctrine that provides that a patient has the right to know the potential __________.

Essay (100 Points): On January 28, 2014, Chris, who is uninsured, came to the Bosse Medical Center (BMC) emergency room complaining of an extremely high fever, cough and shortness of breath, was screened and was later that day admitted to the hospital as having severe dehydration and lung disease. During the course of Chris’ inpatient treatment at the Bosse Medical Center, it was determined that he suffered from bilateral pneumonia, Adult Respiratory Distress Syndrome (“ARDS”), and significant lung damage.   Between January 29 – 30th, 2014, while Chris’ condition was at all times unstable, various doctors and nurses associated with the Bosse Medical Center attempted to transfer him out of the hospital on eight separate occasions because Chris did not have health insurance.   Chris alleges that on February 1, 2014, two of Chris’ doctors certified that he was stable for discharge from the hospital, despite his still experiencing serious symptoms. After being wheelchaired to the hospital entrance and while walking through the parking lot to the closest bus stop, Chris went into cardiac arrest. He was brought back inside the Bosse Medical Center where he was resuscitated and admitted and placed on a ventilator in the ICU.   Chris remained at Bosse Medical Center until February 24, 2014, at which time he was again discharged to his home.   On February 26, 2014, just two days after discharge from the hospital, Chris’ medical condition deteriorated. A Bosse Medical Center owned and operated ambulance collected Chris from his home but was directed by BMC to another nearby hospital with emergency department because “no pulmonologist was available to evaluate and treat him at BMC”.   However, the ambulance coordinator was incorrect that there was no pulmonologist at BMC because he looked at the wrong schedule.  When the ambulance arrived at Betterment Hospital, which had facilities to provide the necessary treatment to Chris, he was admitted to the ICU.  A medical examination uncovered that Chris was suffering from significant lung damage, and that “is lung has been collapsed to some degree for quite some time…” On February 29, 2014, Betterment physicians performed a successful surgery on Chris to repair his lung.   Identify and assess all the bases for Bosse Medical Center’s liability under EMTALA and any tort causes of action that Chris is likely to assert, and any defenses Bosse may claim.   If you believe there is unknown information that might dictate one outcome or another, specify the information and how it might change your analysis.

Which of the following is the process whereby a third-party payer evaluates the medical necessity of a course of treatment?

The threat coupled with the apparent present ability to do immediate physical harm to another is __________.

While delivering a liver for transplant to a nearby hospital, Hank gets a hankering for some ice cream. Using his employer’s car, he takes a detour. Before getting his ice cream, Hank shops at a flea market next to the ice cream shop for 20 minutes. After getting two scoops, in route back to the main road to the hospital, Hank trying to grab his phone, swerves, and hits an electric pole. Not only does he lose his scoop of Rocky Road, he severely injures his neck. Will Hank be able to recover worker’s compensation from his employer?