A county-supported hospital elects to limit surgical procedures for morbid obesity to male patients. Female patients receive pharmacologic therapy, counseling, and instruction for diet and exercise, but are excluded from operative procedures

Question

Under which legal concept is this illegal? 1. Equal protection under the law
2. Res judicata
3. Due process of law
4. Stare decisis

Answer 1

1
Rationale: Equal protection under the law holds that all similarly situated persons will be affected similarly. Due process of law ensures that fair procedures are followed in enforcing rules. Res judicata means "a thing or matter settled by judgment" and prevents the same parties in the original lawsuit from retrying the same issues involved in the first lawsuit. The doctrine of precedent, or stare decisis, means to "let the decision stand" and is applied by courts of law in cases with similar fact patterns that have been previously decided by the court system.