Rosalyn McDonald-Henry v. Dale S. Brink, et al.
DueProcess FirstAmendment Privacy
Whether the substantive Due Process Clause subsumes a constitutionally protected right to refuse experimental medical procedures
QUESTIONS PRESENTED Questions presented are: 1. Whether the substantive Due Process Clause subsumes a constitutionally protected right to refuse experimental medical procedures by a physician in Newman vy. . 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 5/13-211(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? ; II. LIST OF ALL PARTIES All parties appear in the caption of the case on the cover page. , RELATED CASES e Lawler v. The University of Chicago Medical Center, Inc., No.120745, Ilinois Supreme Court, Judgement entered, Nov. 30, 2017. e Zayed v. Clark Manor Convalescent Center, Inc., No. 1-18-1552, Judgement entered Sept. 26, 2019. e Giles v. Parks, No. 1-16-3152, Appellate Court of Illinois First District First Division, Judgement entered Feb. 5, 2018. e Union Pacific Railway Co., v. Botsford, No. 141 U.S. 250, United States Supreme Court, Judgement entered 1891. ; e Flowers v. Mississippi, No. 17-9572, United States Supreme Court, Judgement entered Jun. 21, 2019. ° Scott v. Sanford, No. 60 U.S. (19 How.) 393, United States Supreme Court, Judgement entered 1857. e Same Condition, LLC v. Codal, Inc. No. 19-L-5407, Appellate Court of Illinois, First District, Third Division, Judgment entered Jun. 21, 2021. e Board of Education v. Pico, No. 457 U.S. 853, Judgement entered 1982. . e Newman vy. Spellberg, No. 51,458, Appellate Court of Illinois First District, Judgement entered Jan. 24, 1968. ° Maria and Robert Brady v. William Urbas, D.P.M., No. 111 A.3d, Supreme Court of Pennsylvania, Judgement entered Mar. 25, 2015. e Proctor v. Safeway, Inc., No.11-cv-3406, U.S. Court of Appeals for the Seventh Circuit, Judgement entered Mar. 8, 2018. e Universal Health Services v. United States ex. Rel Escobar, No. 15-7, United States Supreme Court, Judgement entered Jun.16, 2016. . ii