Custom «Legal Case Review» Essay Paper Sample

Legal Case Review

Summary and outcomes of the case

The case was between Maryse Voltaire, plaintiff versus Home Services Systems (HSS),  the defendants. The case number is 09-CV-5668 and it took place on September 30, 2011 in the United States district court. Voltaire was a home health care worker but she collapsed on a Friday, thus got into the hospital. The nurse’s daughter, an attorney requested for the nurs’s absence to be considered a FMLA leave. The HSS contacted the FMLA and there was a dispute, thus Voltaire’s services were terminated. The nurse and her family helped her to sue them under the FMLA Act of providing rights. However, the court denied the summary judgment revealing that the reasons for the nurse’s termination were unjustifiable (Gleason and Stiff, 2005).

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The issue of terminating medical treatment for patients are more pressing today in many hospitals just like the case of Voltaire. The ever increasing number of legal decisions made and changes in the prevailing guidelines are confusing physicians. This is especially on the kind of practice, which are acceptable and the onesare not acceptable (Richardson, 2007). The case of Voltaire was unethical and it did not follow the legal standards of providing a FMLA leave.  However, it is unethical especially of the side of health care because their ethical issue is to save the life of people (Emanuel, 2000). Thus, my opinion for the case is that the nurses should be given rights independently decide the question of freedom.On the other hand, this may impact the nursing practice because many of them may find an excuse of not fulfilling their duties.

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            Maryse Voltaire sued the HSS for terminating her services. This was a result of the disputes that arose between the HSS and the FMLA, they denied that Maryse gave enough valid reasons for not attending the nursing services. The case was heard in the US district court on September 30, 2011. However, the court denied the summary judgment. The opinion is that, that nurses should be given freedom in unforeseeable situations. Although, this may impact their work, so someone has to watch after implementation of nurses duties.

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