Case Study: Healthcare V. US

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FACTS: Many Americans do not have health insurance but still they utilize health care facilities. Many of these dont not even pay. The ACA amended tax code and provided an individual mandate. It says that everyone has to buy insurance and those who don’t buy must pay fine for it except those who are exempted from on it under certain criteria. Secondly state had to accept expended Medicaid so that they can receive Federal Funds for Medicaid. The National Federation of Independent Business (NFIB), twenty six states, and others (plaintiffs) filed complaint against Kathleen Sebelius, Secretary of the Department of Health and Human Services and others (defendants) challenging Patient Protection and Affordable Care Act of 2010 on two grounds; the …show more content…

At the physicians’ office, Ricks was examined by Dr. S.M. Budge (Defendant) and told that his hand was getting worse. He referred him to Dr. D.C. Budge (another defendant) who examined the hand and indicated that it needed operated.. Ricks was advised to visit hospital immediately. But at the hospital, Dr. S.M. Budge went to Ricks’ room and refused him treatment to his hand because Rick owes for earlier treatment done by the Budges. Ricks left and went to Cache Valley Hospital (CVH) and was examined by another physician who believed his condition to be horrible. His hand was swollen with fluid oozing from it. He immediately operated, but two weeks later Ricks’ middle finger and piece of metacarpal bone had to subsequently amputate. Rick sued Budges for a medical malpractice as he refused him to treat. The trial court found the case in favor of the Defendant. Rick …show more content…

HOLDING: No. A doctor should not completely stop treating a patient due to lack of payment. DISCUSSION: Rick suffered damages as Dr. S. M. Budge abandoned him. From the time he left the office of the Dr.Budge up until the time he arrived at the CVH his hand continued to swell and was painful. He must have suffered mentally and physically which cannot be questioned. When a doctor begins treating patient he must continue and if he wants to withdraw then he must give patient timely notice to find alternate source. CHILDS V. WEIS Court of Civil Appeals of Texas, 1969. 440 S.W.2d

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