The Court Of Supreme Court Essay

The Court Of Supreme Court Essay

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Ms. Bouvia immediately appealed the decision of the trial court, which was summarily heard by the California Appellate court. She then filed a peremptory writ of mandate seeking the removal of the nasogastric tube inserted against her will without consent by physicians. The peremptory writ of mandate is a formal written command from a court of superior jurisdiction to the lower court to change the order or the decision of the lower court. The Court of appeals of California ordered the trial court to enter new order to grant Bouvia’s request for the “(1) removal of the nasogastric tube from her body, (2) prohibiting any and all of the real parties in interest from replacing or aiding in replacing said tube or any other or similar device in or on petitioner without her consent” (Court of Appeal of California, 1986). The petition of the defendant was reversed based on the fact that the right to refuse medical treatment was engraved into the state and federal constitutions. The Court of appeals rejected the arguments of the defendants stating that the petitioner’s quality of life should be considered and the possible consequences to prolonging her life. That Bouvia had the right to refuse “increased dehumanizing aspects” of her physical condition caused by the nasogastric tube and that no court can overrule that decision just because the physicians disagreed, even if that exercise creates a life threatening condition (Court of Appeal of California, 1986). Bouvia’s trial court decision was hasty and questioned if she even had the option to refuse the nasogastric treatment.
This addresses the idea of informed consent in medical ethics, which must occur before her right to refuse treatment. The court simply stated, “a person of adult ye...


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...ses such as end-of-life, it is important for the continuity of patient information in medical records through the time span of the patient’s admission to their discharge date. This information is essential in legal proceedings for the protection of the hospital to show compliance with HIPAA laws as well as ethical standards. This information can be shown to prove the hospitals innocence in its duty of care to the patient and absolve of any wrongdoing. The HIM manager is also responsible for certifying health records when requested for a legal process. They must provide a written certification stating that all copies of the medical records provided to an attorney or court of law are exact from the original. Health information managers determine if the request is valid for a legal request such as subpoena or court order and determines the legal power of the document.

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