Equitable Remedies

The court of equity is based on the concepts that the court should eliminate harshness and focus on promoting equality and justice, create legal relationships and more important, apply moral principles to distinguish the right and wrong (Klinck, 2016). The court of equity puts emphases on the equitable right, maintain balance and make impartial decisions. The chancellors in the court of equity make moral and reasonable decisions.

 Health care providers are expected to adhere to ethical standards and they are legally responsible for any harm to the patient. Medical malpractices include failure to provide treatment, medical errors, incorrect diagnosis, wrong advice to patients, lack of informed consent and many more (Penick, 2003). There are various remedies for the medical practice and the common remedies are compensatory action- this means that a patient can file a complaint before the Civil Court and claim for compensation. Second is disciplinary action- a patient may file a complaint about disciplinary action to the regulatory body such as the State Medical Council (Penick, 2003).

I support that the court could grant Harper a preliminary injunction in order to maintain a status quo between him and the Poway Unified School District.  In this case, the injunction is to advise Harber whether to remove T-shirt or not. The court's order to Harper could serve an important role as it could either stop harmful actions, secure the school setting, or prevent him from facing disciplinary action such as out-of-school suspension (FindLaw, 2019).  In addition, since the derogatory remarks on the T-shirt led to incidents and altercations, and hostile working environment in the school compound, the court let Harper know if the dress code was right or wrong (FindLaw, 2019). Moreover, the injunction could prevent nuisance awaiting for court's opinion.

Reference

Penick, M. P. (2003). Medical malpractice. St. Paul, Minn.: Thomson/West.

 

Klinck, D. R. (2016). Conscience, equity and the Court of Chancery in early modern England.

London: Routledge.

 

FindLaw. (2019). HARPER v POWAY UNIFIED SCHOOL DISTRICT.  Retrieved from: https://caselaw.findlaw.com/us-9th-circuit/1356455.html