Health Law - Question and Answer | Assignment

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Running head: HEALTH LAW
HEALTH LAW
Name of the student:
Name of the university:
Author’s note:

Question 1
Issues
Issues involved in the given scenario that whether any use of drug or intoxication during
pregnancy is form child abuse or not. Another issue arises whether it has formed a mandatory
reporting or not.
Rules
Child abuse is a sexual, physical, psychological abuse, or neglect of the children,
specifically by the caretaker or parent (Kleinman, 2015). The child in the mother’s womb may be
affected by the intoxication of drug or alcohol of his mother. In the case of State vs.
Pfannenstiel 1990, the officials of Wyoming have bought a criminal charge against a woman
who has consumed alcohol during pregnancy. The charge has initiated on the basis of drinking
alcohol is an illegal activity as it is endangered to her fetus. It has constituted child abuse if a
pregnant woman has been drinking alcohol at the time of pregnancy as it may affect the health of
that child. There is another case State of Wisconsin vs. Deborah J. Z 1999, which has also
constituted that intoxication of drug is one of the parts of child abuse. In this case, the court has
addressed that maternal conduct or use of drug or intoxication before such birth of any child may
be prosecuted as a criminal of child abuse. In the case of Whitner vs. South California 1997, the
accused has arrested for using of cocaine during pregnancy as child abuse. The mandatory
reporters, such as doctors, should report for such criminal activity.
Application
In the given scenario, an intoxicated pregnant woman has come to a doctor.

Applying the case of State vs. Pfannenstiel 1990 in this given scenario, the woman has
made a child abuse as during pregnancy, the consummation of alcohol can affect the health of
her child. Therefore, she can be charged with criminal prosecution for child abuse.
Applying the case of State of Wisconsin vs. Deborah 1999, in this scenario, the woman
who has admitted to the hospital can be charged as a criminal of child abuse as the case has
constituted intoxication of drug is child abuse. Therefore, she may be arrested for child abuse.
Applying the case of Whitner vs. South California 1997, the woman can be charged in a
criminal prosecution for child abuse. As it is a duty of the mandatory reporters to report the child
abuse, then they should report to the concerned association for mandatory reporting.
Conclusion
Therefore, it can be concluded that there is child abuse on the part of that pregnant
woman and the hospital committee should report it as a mandatory reporting.
Question 2
The responsibility of a health practitioner to the patient is the main factor. They should
examine the patient after that should review the medical history of the patient, diagnose injuries
or illnesses, and should administer treatment for the betterment of their health (Dheensa et al.,
2016).
The medical practitioners should respect their profession in various ways. They should
respect their colleagues, maintain delegation, referrals, and should handover the patients if it is
out of the expertise of him. They should maintain coordination with other practitioners
(Laverack, 2019).

There are various personal responsibilities of a medical practitioner, such as he should
check up his patients regularly who are under treatment of him. He should provide accurate
advice and diagnose a patient (Fried, 2016).