No. 22-6899

Rosalyn McDonald-Henry v. Dale S. Brink, et al.

Lower Court: Illinois
Docketed: 2023-03-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights due-process experimental-procedure informed-consent medical-ethics medical-procedures medical-teaching newman-v-spellberg patient-rights standing substantive-due-process teaching-subject
Latest Conference: 2023-04-28
Question Presented (from Petition)

1. Whether the substantive Due Process Clause subsumes a constitutionally protected right to refuse experimental medical procedures by a physician in Newman v. Spellberg, with using the patient as a teaching subject for medical procedures demonstrated to interns?

2. Whether an individual's First Amendment Rights guaranteed by the Constitution of the United States and a state constitution were violated by a restraining order in Same Condition, LLC v. Codal, Inc., prohibiting Same Condition from posting critical information about Codal's business practices?

3. Whether a legally disabled patient has rights under the Illinois Statute of Limitations 735 ILCS 5/13-21 1(a) that tolls a disabled person's injuries announced in Lawler v. The University of Chicago Medical Center, with the relation back doctrine applicable to a timely filed original complaint on record with the court.

4. Whether medical expert testimony is unnecessary in determining a breach of medical care announced in Newman v. Spellberg where the physician performed an unnecessary medical operation on a patient with interns for teaching purposes?

5. Whether Medicare, a federally funded healthcare governmental program announced in Universal Health Services v. United States ex. Rel. Escobar has legal rights with reimbursement for false medical care and treatment submitted to the government for payment?

Question Presented (AI Summary)

Whether the substantive Due Process Clause subsumes a constitutionally protected right to refuse experimental medical procedures

Docket Entries

2023-05-01
Petition DENIED.
2023-04-13
DISTRIBUTED for Conference of 4/28/2023.
2023-03-02
Waiver of right of respondents Dale S. Brink, DPM, Svend J. Bjorn, DPM and Performance Foot and Ankle Center, LLC to respond filed.
2023-02-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 31, 2023)

Attorneys

Dale S. Brink, DPM, Svend J. Bjorn, DPM and Performance Foot and Ankle Center, LLC
Michael Denny HuberCray Huber Horstman Heil & VanAusdal LLC, Respondent
Rosalyn McDonald-Henry
Rosalyn McDonald-Henry — Petitioner