Guidelines:

I: Identify the Issue R: Identify the Rule: ((e.g., negligence, battery, invasion of privacy, defamation, sexual harassment, breach of warranty, etc.). Please document the language of the rule(s) and its elements. Provide the citation from the source of the rule language. Make sure that none of the facts from the case are included in the rule language. If the rule has more than one element, make sure to include and define each of the elements. Failure to completely define the rule will result in significant deduction of points. A: Apply the rule to the fact pattern C: Conclude with a recommendation to the physician, dentist, or yourself. Make sure to include any case law in your analysis. Write out the holding of the case and then describe how it is similar and informs the recommendation that you are making. Failure to include discussion of the cases will result in significant deduction of points

Scenario 3:

Rob Stark was a 22-year old son of Ned and Catelyn Stark. He suffered a severe brain injury as a result of consuming too much alcohol and being struck by arrows during a wedding ceremony at a banquet hall called the Twins. Upon learning that Rob's situation was non-reversable, Ned Stark asked that life support be removed from Rob. He was comatose and on a respirator for several months. Ned Stark determined that the only way he would be able make medical decisions for his son was to sue for guardianship. He sued and was awarded guardianship of his son and was given the right to make medical decisions on behalf of his son. The hospital in which Rob was being provided care has diagnosed him incompetent, but was not physically or brain dead. However, Ned Stark has determined that Rob would not want to continue to exist in a persistent vegetative state and wants to withdraw the respirator. Ned stark has come to you for advice on what his next steps should be. What would you advise him to do? Under what doctrine would Ned Stark make decisions on behalf of his son in determining how and when to remove the respirator? Make sure to apply the holding of In re Quinlan

Scenario 4

Cersei Lannister had been going to the same physician, Dr. Thomas for five years in connection to her second pregnancy. Upon her initial visit with Dr. Thomas, Ms. Lannister informed him that she had a pap smear test within the past year. Throughout the five years from 2004 through 2009 Dr. Thomas repeatedly requested that Ms. Lannister to undergo a pap smear test, however she always declined saying that she could not afford the test and generally disliked them. Dr. Thomas never explained the risks for not undergoing the test, however he repeatedly requested that the test be performed. Dr. Thomas offered to perform the test for free, however at no time did he inform Ms. Lannister of the risks of not having one performed. In 2009, she contracted a urinary tract infection and subsequently saw a urologist. The urologist diagnosed a heavy vaginal discharge and referred her to a gynecologist. The Gynecologist diagnosed cervical cancer of such a stage that surgery was not an option. Other options for treatment failed to reduce the progress of the disease and Ms. Lannister passed away in 2010 at age 30. The family of Ms. Lannister filed a lawsuit and expert testimony established that if a pap smear had been performed during the years of 2004 through 2009 the condition could have been diagnosed and treated successfully. Based on the case of Truman v. Thomas, how would you advise current physicians in your practice to provide informed consent when patients refuse to undergo preventative tests? Does the physician have the obligation to provide the patient with all information material to that patient's decision to accept or reject treatment?