Select one of the three case studies given below. Analyze the facts in the scenarios and develop appropriate arguments and recommendations using case law and scholarly sources.
Case Study 1: Courts and Alternative Dispute Resolution
Barry Bostick suffered from various illnesses, including Alzheimer's, and was admitted to the Royal Palms Rehabilitation Center. Because of his mental condition, Bostick's son, Brent, completed the admissions paperwork and signed the admissions agreement. The admissions documents included a clause that required parties to submit any disputes for arbitration. After Bostick was released from the center six months later, he sued, through his wife, for negligent treatment and malpractice during his stay. Royal Palms moved to require arbitration.
Should a dispute involving medical malpractice be forced into arbitration?
This is a claim of negligent care, not a breach of a commercial contract. Is it ethical for medical facilities to impose such a requirement?
Is there really any bargaining over such terms?
Should a person with limited mental capacity be held to the arbitration clause agreed to by the next-of-kin who signed on behalf of that person?
Case Study 2: Due Process and ADR
In 2014, at the College of Business at Northwest University, an investigative report found "rampant and flagrant plagiarism" in the theses of graduate students in the MBA program. Three faculty members were singled out for ignoring their ethical responsibilities and contributing to negligence toward issues of academic misconduct. Professor Carl Littleton was one of the three professors identified in the report. The findings were published during a press conference in May 2014. The dean of the
College of Business, Frank Bean, removed Littleton's responsibilities for advising graduate students and scheduled him for undergraduate courses for the next semester. Littleton filed suit in a federal district court against Bean, the university, and others for violating his due process rights by publicizing accusations about his role in plagiarism without providing him with a meaningful opportunity to clear his name in public.
What does due process require in these circumstances?
Would the outcome be different if a mandatory arbitration clause was provided in Littleton's contract and the university sought to dismiss the suit to compel arbitration?
Case Study 3: Health Administrative Law
Define health law and administrative law. Select three of the agencies listed below and provide a brief overview of how each agency interacts with the health care industry, which may include enforcement of specific health care laws.
The Federal Trade Commission
The National Labor Relations Board
The Labor Department
The Food and Drug Administration
The Department of Health and Human Services
The Department Justice
The State Licensing and Certification of Medical Professionals and/or Health Care Facilities (including information from the licensing branch in your state, such as the Florida Board of Medicine for Physician Assistants)