liability during private secondary student excursions away from the campus and classrooms. The writer examines the many issues surrounding the need for such excursions and how possible liability is impacting such excursions and the professors' willingness to have them. There were five sources used to complete this paper.
Students spend many years preparing for their secondary education and arrive at university anticipating a lifetime of experiences in the next four to six years. Higher education is more than sitting in a classroom and taking notes and it is more than passing a midterm and a final. University learning is supposed to stretch and expand the mind in the direction of higher level thinking skills, thereby preparing the student to think and create once he or she gets out into the world. One of the things that professors have used to enhance the quality of learning for university students is the…...
mlaREFERENCES
PARTNERSHIP WITH PARENTS http://www.pgrnet.org.uk/information/backread.htm
Excursions Supervision Australian Teachers and the Law, Tronc K & Sleigh D, 1989
Lowe, C. (1996). The school governor's legal guide. Kingston upon Thames: Croner.
Lowe, C. (1997) Teacher's rights, duties and responsibilities. Kingston upon Thames: Croner House
Wrongful Death1In a wrongful death lawsuit, any individual or entity that may have played a role in the patient\\\'s care and treatment can potentially be named as a defendant (Attaluri et al., 2023). In this case, the long-term care facility could have been named as a defendant because it had a duty to provide appropriate care to the patient, including ensuring that the prescribed medical treatment was provided. The facility could have been found negligent for not having a whirlpool, which was the prescribed treatment, and for not providing a safe bathing environment (Strine v. Commonwealth of Pennsylvania, 2006).The physician who prescribed the whirlpool bath could have also been named as a defendant because they had a duty to provide appropriate medical treatment for the patient\\\'s decubitus ulcers. If the physician failed to provide adequate instructions or supervision to ensure that the prescribed treatment was provided, they could have been…...
mlaReferencesAttaluri, P. K., Wirth, P. J., Moura, S. P., Shaffrey, E. C., & Rao, V. K. (2023). The anatomy of a malpractice lawsuit. In Aesthetic Surgery Journal Open Forum (Vol. 5, p. ojad008). US: Oxford University Press.Hossain, F. (2021). Moral distress among healthcare providers and mistrust among patients during COVID?19 in Bangladesh. Developing world bioethics, 21(4), 187-192.Strine v. Commonwealth of Pennsylvania et al.,894 A.2d 733 (Pa. 2006).
In addition the effect of bill has changed the documentation awarded through the state as of a certificate toward a license and authorizes a doctor to pass on duties to a PA with the purpose of managing physician's scope of performance however Another effect of bill has enabled Indiana's doctor assistants to widen their area of the health care services and also provided an innovative average of patient care (Stephanie, Matlock (27 April, 2007). Health care bills gives right to patient to know what health care should be known by the plan as well as several limits on care, kinds of health care be not enclosed, any treatment diagram required to endorse in advance. Yearly planning about on disburse to physician and health providers, file a complaint regarding any, disagreement between patient and the plan, and also procedure to make complaint, allowance to access emergency room twenty four hours…...
mlaBibliography
American-Speech Language Hearing Association. (2007) Characteristics of Licensure Law. Retrieved on November 29, 2007 from www.asha.org
New York State. (April 2007) Managed Care Bill of Rights. Retrieved on November 29, 2007 from www.health.state.ny.us
Federal Trade Commission. (October 21, 2002) FTC staff opposes Ohio Bill to Allow Physician Collective Bargaining. Retrieved on November 29, 2007 at http://www.ftc.gov/opa/2002/10/physicians.shtm
Girardin, Pierre. Internet Health Services: A Case Study. Retrieved on November 29, 2007 from https://www.isoc.org/inet96/proceedings/h5/h5_2.htm
Duty to Warn and Protect
Ethical/Legal Issues
The situation I have chosen assumes a subject of twenty years old who has attempted to commit suicide because his parents passed away in an accident recently. The subject has been under severe depression due to a string of traumatic experiences in his life. He feels despondent and is unaware of what to do. He feels that he is living without a purpose in this life and assumes himself as being unwanted and unaware. He has just lost the two people who according to him were the only two people who actually loved him and cared for him. He tried to kill himself recently by having sleeping pills. After being rushed to the hospital and having been saved, he is now sitting in front of me as my client waiting to be counseled.
Legal, ethical, and clinical issues of being a counselor
No maleficence will be the…...
mlaReferences
Schoener, G.R. (2009). A High Risk Situation: The Suicidal Client. Retrieved October 10, 2012, from Walkin.Org: http://www.walkin.org/sites/default/files/SuicidalClient_0.pdf
Schwartz, R.C., & Rogers, J.R. (2004). Suicide Assessment and Evaluation strategies: a primer for counselling psychologists. Counselling Psychology Quarterly, 89-97.
White, J. (2003, February). Suicide-Related Research in Canada: A Descriptive Overview. Retrieved October 10, 2012, from Centre for Suicide Prevention: http://www.phac-aspc.gc.ca/publicat/mh-sm/suicide-research/pdf/suicide_research_e.pdf
There are, of course, many individuals besides nurses that are essential parts of medical teams when it comes to providing effective and efficient care to patients. General practitioners (GPs) are primarily tasked with determining diagnoses and developing treatment plans for their patients, and with coordinating the efforts of the rest of the medical team (Thomas & Corney 1993). Specialists such as dieticians, diabetes educators, and physicians that practice in highly specialized fields all have their own niches that most patients require service in at some point in their lives. Nurses can support all of these roles without assuming them themselves.
From a nursing perspective, teamwork in the provision of medical services and overall patient care is heavily predicated upon mutual respect amongst the team members and acknowledgement of the competencies and skills brought to the group by each team member (Thomas & Corney 1993). Teams function most effectively when the individual…...
mlaReferences
ANMC. (2006). "National competency standards for the registered nurse."
Goliath. (2007). "Don't neglect the nurse's duty of care: Nurses serve as advocates for their patients." Accessed 21 October 2010. http://goliath.ecnext.com/coms2/gi_0199-7218514/Don-t-neglect-the-nurse.html
Thomas, R. & Corney, R. (1993). "Teamwork in primary care: The practice nurse perspective." Journal of interprofesssional care 7(1), pp. 47-55. Accessed 21 October 2010. http://informahealthcare.com/doi/abs/10.3109/13561829309014958?journalCode=jic
In other cases, preserving confidentiality or entrusting the doctor with treatment-related decisions may be in the best interest of the patient and his or her family or community. Health care workers should carefully weigh consequences, in light of deontological ethics and institutional regulations.
Health care professionals working with patients with HIV / AIDS must be careful to temper consequentialism with deontology, to balance the psychological needs of the patient for confidentiality and autonomy with the practical needs of public health; or to balance the physical needs of a patient with HIV / AIDS with medical paternalism. Furthermore, discrimination against patients with HIV / AIDS is commonplace and often occurs inadvertently. Health care workers are obliged to confront their own biases regarding HIV / AIDS because to withhold adequate treatment is to violate a series of ethical principles including those based on deontology and on utilitarianism. For example, a health care…...
mlaWorks Cited
Johnston, Carolyn and Slowther, Anne. "Patient Information and Confidentiality." UK Clinical Ethics Network. Sept 2003. Retrieved Sept 15, 2006 at http://www.ethox.org.uk/Ethics/econfidential.htm
Hamblin, Julie. "People Living with HIV: The Law, Ethics, and Discrimination." UNDP Issue Paper No. 4. Retrieved Sept 15, 2006 at http://www.undp.org/hiv/publications/issues/english/issue04e.htm
Ruddick, William. "Medical Ethics." Encyclopedia of Ethics. Lawrence and Charlotte Becker, Eds. 2nd edition. Garland, 1998. Retrieved Sept 15, 2006 at http://www.nyu.edu/gsas/dept/philo/faculty/ruddick/papers/medethics.html
Causation:
Irrespective of whether or not AC Apartments satisfied its duty of reasonable care with respect to the safety of its tenants, the harm for which liability is claimed must relate directly to any failure to satisfy that standard. More particularly, to establish liability, the plaintiff must also establish that any negligence of AC in failing to exercise reasonable care was the proximate cause of the harm that resulted (Freidman 2005).
For example, had the apartment complex manager previously been sentenced for rape as a juvenile, even a thorough criminal background check performed by AC Apartments would have failed to disclose that information, through no fault of AC Apartments. A more interesting factual situation arises if AC failed to satisfy its duty of care owed to its tenants by neglecting to perform any pre-employment criminal background check of the manager but where the only relevant information available would have required much more…...
mlaBibliography
Feliu, a., Johnson, W. (2002) Negligence in Employment Law. Washington, DC: BNF, Inc.
Friedman, L. (2005) a History of American Law. New York: Touchstone Halbert, T., Ingulli, E. (2000) Law & Ethics in the Business Environment 3rd ed. Cincinnati, OH: West Legal Studies
Schmalleger, F. (1997) Criminal Justice Today: An Introductory Text for the 21st Century. Hoboken, NJ: Prentice Hall
Health Care
The government should provide health care, because the economic characteristics of health care make it ripe for abuse in a market environment. Government should provide as a service to its population those goods that, for one reason or another, are open for abuse in a normal market economy. Normally, the main condition is natural monopoly, which makes the case for government involvement in commodities like electricity, water, or policing. Health care is not a natural monopoly in that there can reasonably be a number of different providers, but it has other characteristics that make it a strong candidate for government intervention.
In even the freest capitalist economies, there are public goods that the government provides. The government provision of certain services is accepted by populations because the alternative -- total anarchy -- results is a severely degraded quality of life. No government services at all is a failed state, one…...
mlaBibliography
Besley and Gouveia write about different modes of health care provision. They discuss in particular some of the cost drivers in the American system, and evaluate some other systems in order to come to some conclusions about what other options exist. They note that insurance is a key issue for a private health care system, and because of this most countries opt for public health care systems, typically with mandatory insurance.
Gupta and Davoodi seek to understand how corruption affects the provision of government services, including health care. Unfortunately, their analysis has significant bias, as they begin with the assumption that government-run programs are inherently corrupt.
Transparency International is an organization that measures the level of government corruption in all the countries of the world. This source was required to examine the claims of Gupta and Davoodi. It was found that in the West there is very little government corruption. While the U.S. has more than most Western nations, it remains a spurious claim on the part of Gupta and Davoodi that corruption is inherent in government programs. Further, the line between corruption (accepting payment in return for favors) and capitalism (accepting payment to provide a service) is not explored.
Lloyd and Sreedhar wrote about Hobbes' moral and political philosophy. Hobbes' seminal discussion about the state of nature is relevant because societies have evolved different forms of governance specifically to avoid the state of nature; an argument that government should not be involved in health care must consider the implications of having such a weak government -- these range from the state of nature to poor health outcomes and quality of life measures.
Misrepresentation, 2010:
Duty and public notice in the UK, PLC
The audited financial statement prepared by Bumble & Co, on behalf of Horizon PLC 'made public' the performance of the corporation: reporting earnings of £10 million. Where published, shareholders and other stakeholders may 'assume' official and final writing according to the Statute of Frauds, which stipulates that public notice of the company's profit and loss constitutes reliability to the shareholders and other stakeholders, and assumes that those parties are in agreement to those activities. Analysis of Horizon, Plc v. Bumble & Co. will be subject to decision based on UK laws on Misrepresentation and unfair commercial practices under the Unfair Commercial Practices Directive 2005/29/EC ("UCPD") which came into force 26 May 2008. The 2008 law on misrepresentation is preceded by the UK Misrepresentation Act of 1967 (OPSI, 1991).
Preface to the discussion is what rule elements are not at play within the fact…...
mlaReferences
Beale, H., Fauvarque-Cosson, B. And Rutgers, J. et al., 2010. Contract Law (Ius Commune Casebooks for the Common Law of Europe). Oxford: Hart Publishing.
Gullifer, L. And Payne, J., 2010. Intermediated Securities: Legal Problems and Practical Issues. Oxford: Hart Publishing.
Misrepresentation Act of 1967, 1991. UK Office of Public Sector Information. Available At: http://www.statutelaw.gov.uk/content.aspx?&parentActiveTextDocId=1185735&ActiveTextDocId=1185735
Misrepresentation and unfair commercial practices, 2008. Unfair Commercial Practices Directive 2005/29/EC ("UCPD"): The Consumer Protection from Unfair Trading Regulations. Scottish Law Commission. Available at: http://www.scotlawcom.gov.uk/law-reform-projects/joint-projects/misrepresentation-and-unfair-commercial-practices/
Biddle v. Commonwealth and Davis v. Commonwealth are two cases that portray different interpretations and application of the law with regards to imputability in criminal law. These cases provide a different view of an individual's responsibility with regards to the level of care or responsibility for a parent than for a child. An analysis of the court ruling in each of these cases helps in understanding the required level of care or responsibility. This is primarily because the court decisions were based on the level of legal duty imposed by law on the parties. Even though the cases are relatively similar, there were differences in the rulings because of the differences in the legal duty of the parties involved.
Overview of the Cases
In Biddle v. Commonwealth, Shirley Mae Biddle was charged with first-degree murder of her baby on the premise that the baby was malnourished, dehydrated and had not eaten for…...
mlaReferences
Dripps, D., Boyce, R. & Perkins, R. (2013). Criminal law and procedure: cases and materials (12th ed.). New York, NY: Foundation Press.
Hendel, R.A. (2006). Criminal Law -- Murder -- Proof of Malice. Biddle v. Commonwealth, 206Va 14 (1965). William & Mary Law Review, 7(2), 399-402.
Hobart Community Legal Service Inc. (2013). Negligence and the Duty of Care. Retrieved February 22, 2017, from http://www.hobartlegal.org.au/tasmanian-law-handbook/accidents-and-insurance/negligence/negligence-and-duty-care
Justia -- U.S. Law (n.d.). Davis v. Comm. Retrieved February 22, 2017, from http://law.justia.com/cases/virginia/supreme-court/1985/841043-1.html
goal of their ethical calling, physicians, nurses and other health care workers are obliged to treat the sick and potentially infectious patients and, in so doing, they are to take some personal risk (Murray 2003). This was the bottom line of the assessment and stand made by Dr. Henry Masur and his colleagues at the National Institute of Allergy and Infectious Disease (NIAID), particularly during the outbreak of dread global SARS in Canada and Hong Kong last year. They also referred to other epidemics, such as the HIV / AIDS.
Masur emphasized that this primary goal and obligation is voluntary and sets the medical profession apart from other professions, precisely because of the involvement of some personal risk in fulfilling that obligation. esides physicians, medical professionals are nurses, dentists and health workers. Records of the first SARS outbreaks in Toronto and Hong Kong showed that a huge 50% of those…...
mlaBibliography
Katz, Laura L. And Marshall B. Paul. When a Physician May Refuse to Treat a Patient. Physician's News Digest, 2000. http://www.physiciansnews.com/law.202.html
Levin, Aaron. Doctors Willing But Not Ready to Treat Deadly Bio-terror Agents. Health Behavior News Service: Center for the Advancement of Health, 2003. http://www.cfah.org/ubns/news/bioterror09-17-03.cfm
Murray, Terry. Health Care Staff Have a Duty to Treat. The Medical Post: Rogers Media, 2003. http://www.medicalpost.com/mpcontent/article.jsp.jsessionid=NJCJNDCEAGHH?content=20020515_09
Schulman, David I. The Dentist, HIV and the Law: Duty to Treat, Need to Understand. Dental Treatment Consideration, 2000. http://www.hivdent.org/dtcblaa082001.htm
Furthermore, one of the pillars of collaborative care that will need to be firmly established is the fostering of clear dialogue and a means for strong communication within the care management planning. For instance, there needs to be a clear decision and communication of all tests ordered and when the test results will be available. One of the most important aspects of this collaborative care will be the nursing interventions which can have significant impact on the patient's health and stabilization (Allen, 2010). In fact, strategic nursing care can even minimize readmission rates of Margaret and other patients with comparable conditions (Chen et al., 2012).
Prioritize the Nursing Care Needs of Margaret
The prioritization of nursing interventions is essential, and the way in which a nurse determines this priority is going to be something unique and distinct. "Trials reviewed demonstrated a beneficial impact of nursing interventions for secondary prevention in patients with…...
mlaReferences
Adler, H.M. (n.d.). Toward a biopsychosocial understanding of the patient -- physician relationship: An emerging dialogue. (2007). J Gen Intern Med,22(2), 280 -- 285.
Afilala, J. (n.d.). Frailty in patients with cardiovascular disease: Why, when, and how to measure. (2011). Curr Cardiovasc Risk Rep, 5(5), 467 -- 472.
Allen, J.K. (2010). Randomized trials of nursing interventions for secondary prevention in patients with coronary artery disease and heart failure: Systematic review.
Journal of Cardiovascular Nursing,25(3), 207-220.
The emphasis is on normal, everyday activities provided for residents. According to the authors, however, little research has been conducted to investigate the actual effect of such activities and settings upon residents. The assumption is that such settings have a better effect that traditional institutions, but there is little empirical research to support this.
Hence, Verbeek et al. (2010) conducted a study to compare small-scale living with regular care in nursing homes in the Netherlands. Interestingly, they found no significant difference between the quality of life experienced by residents in traditional institutional settings and those in small-scale living facilities. Furthermore, there was also no significant difference in the job satisfaction levels of nursing staff between both types of institution was found. Another important aspect, namely neuropsychiatric symptoms and agitation were also significantly similar for both institution types. According to the authors, a difference was found in the satisfaction level of…...
mlaReferences
Gaugler, J.E. (2005, Mar.). Family Involvement in Residential Long-Term Care: A Synthesis and Critical Review. Aging and Mental health, Iss. 9, vol. 2. Retrieved from: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2247412/
Lyness, J.M., Yu, Q., Tang, W., Tu, X., and Conwell, Y. (2009, Dec.). Risks for Depression Onset in Primary Care Elderly Patients: Potential Targets for Preventive Interventions. American Journal of Psychiatry. Retrieved from: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2982671/
Simonazzi, a. (2009, Jun). Home care and cash transfers. Effects on the elderly care-female employment trade-off. Retrieved from: http://www.aiel.it/bacheca/SASSARI/papers/simonazzi.pdf
Verbeek, H., Zwakhalen, S.M.G., Van Rossum, E., Ambergen, T, Kempen, G.I.J.M., and Hamers, J.P.H. (2010, Nov.). Dementia Care Redesigned: Effects of Small-Scale Living Facilities on Residents, their Family Caregivers, and Staff. American Medical directors Association. Retrieved from: http://www.unimaas.nl/hcns/websiteVW/publications/Publication%20scans/Verbeek.%20Dementia%20care%20redesigned.pdf
Naturally, there is also some overlap because some legal duties (such as the duty not to sell or serve spoiled food) would also be ethical duties irrespective of legal issues. Others, (such as specific refrigerator temperature requirements) would not necessarily also correspond to ethical duties if the purpose of the law (i.e. avoiding food spoilage) could be accomplished even at slightly higher temperatures. In theory, organizations have no ethical duty not to discriminate by race (etc.) unless those duties are defined by law. However, a very strong argument could be made that there is indeed an ethical duty to treat people equally even without any such laws specifically mandating it.
Legal and Ethical Duties of Hospitals
Hospitals have both extensive statutory and ethical duties that go far beyond those of less essential or less important services such as grocery stores and restaurants (Judson & Hicks, 2003). Hospitals (and all healthcare facilities and…...
mlaReferences
Halbert, T. And Ingulli, E. (2008). Law & Ethics in the Business Environment. Cincinnati:
West Legal Studies.
Judson, K, and Hicks, S. (2003). Law & Ethics for Medical Careers. New York:
Glencoe.
Ethical Scenario: Skills as a Nurse Practioner
Nurses and other health care suppliers are the ones that are continuously confronted to make ethical choices in regards to things like life and death matters in giving out care to individuals, communities and families. To be pertinent and ethical, these choices need to be measured in the larger context of personal, societal, cultural and professional values and ethical ideologies. As scientific and medical technology advance, persons and society look at dilemmas and hard ethical choices. Nurses, as part of society and as frontline health care specialists, day-to-day face ethical dilemmas connected to life and death and fairness in health care. With that said, this paper examines the scenario of patient and nurse utilizing ethical principles.
As a nurse, the first thing to do is to understand that an unintended pregnancy further confuses the already confusing physical and mental changes of teens. Adolescents crave more…...
mlaReferences
Begley A.M., 2. (2008). Truth-telling, honesty and compassion: a virtue-based exploration of a dilemma in practice. International Journal of Nursing Practice, 8, 336-341.
Lawlor, A. (2015, July 29). Morning-after pill poses moral dilemma for some MDs. Retrieved from http://www.consciencelaws.org/background/procedures/birth008.aspx
Marsh, B. (2015, July 29). Nurses' fear for morning-after pill. Retrieved from Daily Mail: http://www.dailymail.co.uk/health/article-179092/Nurses-fear-morning-pill.html
RN, M.S. (2013). The Ethical Component of Nursing Education: Integrating Ethics into Clinical Experiences. LWW; 1 edition.
## Key Challenges Faced by Companies with Employees Working Overseas
Managing a globally distributed workforce presents unique challenges for organizations. As companies expand their operations across borders, they must navigate cultural differences, legal complexities, and technological hurdles. Here are some of the key challenges faced by companies with employees working overseas:
### Communication and Collaboration Barriers
Effective communication is crucial for seamless collaboration within a team. However, language barriers, time zone differences, and cultural nuances can hinder communication. Misunderstandings and delays can occur when employees from different cultural backgrounds interpret information differently.
### Cultural Differences
Employees from diverse cultural backgrounds bring unique perspectives and work....
Bullying is an issue that should be addressed by schools for several reasons. First and foremost, schools are the primary setting in which bullying occurs, so it is essential that they take responsibility for creating a safe and inclusive environment for all students. Schools have a duty of care to ensure the well-being of their students, and addressing bullying is a key aspect of fulfilling that duty.
Additionally, schools have the resources and expertise to effectively address and prevent bullying. They can implement anti-bullying programs, provide counseling and support services for victims and perpetrators, and educate students about the impact of....
Ethicality and Efficacy of Compulsory Treatment for Eating Disorders
Introduction:
Eating disorders, such as anorexia nervosa and bulimia nervosa, are severe mental illnesses that can have life-threatening consequences. Due to the high mortality and morbidity rates associated with these disorders, there has been considerable debate about the ethicality and efficacy of compulsory treatment. This essay will examine the literature that supports the ethicality and efficacy of compulsory treatment for eating disorders.
Ethical Considerations:
Individual Autonomy vs. Public Health Concerns:
Compulsory treatment involves restricting an individual's freedom by mandating therapy or hospitalization. However, it can be argued that the public health concerns associated with eating....
The Human Rights Act 1998: A Comprehensive Tort Statute
The Human Rights Act 1998 (HRA) is a landmark piece of legislation that has profoundly impacted the legal landscape in the United Kingdom. It has been hailed as the most significant tort statute ever enacted, revolutionizing the way human rights are protected and enforced within the domestic legal system.
Statutory Provisions and Incorporation of the European Convention on Human Rights
The HRA incorporates the European Convention on Human Rights (ECHR) into UK law. It provides courts with the power to interpret and apply the ECHR in adjudicating cases, creating a direct connection between domestic....
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