...Product Liability and Legal Ramifications Christopher M. Branch MBA 5861 New Product Marketing 08/13/2013 Christopher Branch MBA 5861 Term 1A Dr. David Castle 08/13/2013 Product Liability and Legal Ramifications The next time you walk into a retail store like Wal-Mart, Target, Home Depot, Office Depot, Babies R’ Us/Toy R’ Us, you will see a board, typically in plain sight of the viewing public, with sheets of papers titled “Product Recall” or Safety Recall or something of the like. Recalled items run the gamut of consumers good and are generally recalled because of a safety or health concerns. The Food and Drug Administration regularly issues recalls or public safety notices for Medical Products, Pharmaceuticals, Tobacco, and contaminated food items. Product Liability is the responsibility of manufacturers, distributors and sellers, they are expected to act in the best interest of the public; to deliver a product free of defects which can harm an individual or persons; and to make good on that responsibility if their products are defective. These can include faulty auto brakes, contaminated baby food, exploding bottles of beer, flammable children's pajamas, or lack of label warnings. The key element in products liability law is that a person who suffers harm from a product need not prove negligence, since the negligence is "presumed" and the result is "strict liability" (absolute responsibility) on the seller, distributor and manufacturer. An injured person...
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...and fetal risks associated with this procedure (1). The induction or augmentation of labor may increase the likelihood of neonatal complications or result in unnecessary cesarean section. These risks may be necessary to assume in complicated pregnancies, in which prolongation of gestation presents further risk to the mother or fetus. Prior to initiating oxytocin, the patient should be counseled about the indications for the use of oxytocin, the methods of administration to be employed, and the risks of failure, cesarean delivery, or fetal compromise. A physician capable of performing cesarean section should be readily available during the induction or augmentation of labor (2). UNIT STRUCTURE Each hospital’s department of obstetrics should develop a standardized, single, universal written protocol for the use of oxytocin for labor induction or augmentation. Standardization of an oxytocin infusion protocol is recommended to reduce medication dosing error and improve patient assessment. Elements of a protocol should include (2): Indications for the use of oxytocin for labor induction and augmentation. Methods for preparation and administration of oxytocin. Qualifications of staff authorized to administer oxytocin and monitor patients. The level of the initial dose and subsequent doses, The timing interval of changes in doses A protocol for patient assessment, including definitions of normal and abnormal...
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...Vienna Yearbook of Population Research 2013 (Vol. 11), pp. 295–323 Determinants of exceptional human longevity: new ideas and findings Leonid A. Gavrilov and Natalia S. Gavrilova∗ Abstract Studies of centenarians are useful in identifying factors leading to long life and avoidance of fatal diseases. In this article we consider several approaches to study effects of early-life and midlife conditions on survival to advanced ages: use of non-biological relatives as controls, the within-family analysis, as well as a sampling of controls from the same population universe as centenarians. These approaches are illustrated using data on American centenarians, their relatives and unrelated shorterlived controls obtained from the online genealogies. The within-family analysis revealed that young maternal age at person’s birth is associated with higher chances of exceptional longevity. Comparison of centenarians and their shorter-lived peers (died at age 65 and sampled from the same pool of online genealogies) confirmed that birth timing in the second half of the calendar year predicts survival to age 100. Parental longevity as well as some childhood and midlife characteristics also proved to be significant predictors of exceptional longevity. 1 Introduction Studies of centenarians (people living to 100 and older) could be useful in identifying factors leading to long life and avoidance of fatal diseases. Even if some individual characteristics have a moderate protective effect on...
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...All reasonable precautions have been taken by DOH and POGS to ensure that the information contained in this publication is accurate. However, this guideline is being distributed without warranty of any kind, either expressed or implied. The responsibility for the interpretation and use of the guideline lies with the end user. In no event shall DOH and POGS be liable for damages arising from its use. 2 ii MESSAGE The primary aim of MDG 5 is to reduce by three quarters by between 1990 an 2015, the maternal mortality ratio,especially among less developed countries. The Philippines is among those with high maternal mortality rate (MMR). In 2006, our MMR was 162 deaths/100,000 live births, however, the Family Health Survey in 2011 showed that the MMR has increased to 221 deaths/100,000 live births. It is therefore important that we mobilize our efforts together to avert further deaths of our pregnant mothers. The Philippine Obstetrical and Gynecological Society (Foundation), Inc. (POGS) stood up to the challenge of World Health Organization (WHO) in 2011 to undertake the development of an updated, evidence based national guideline on intrapartum and immediate postpartum care. The preparation of the current guideline involved various individuals from different sectors. POGS created a Taskforce for the purpose. The Steering Committee, composed of POGS Fellows, was tasked to appraise existing clinical practice...
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...MBA 5101 Unit 1 Case Study Gary Campbell Our text defines a tort as “a civil wrong” and negligence as “a tort, a civil or personal wrong” (Pozgar, 2012). Negligence as it is related to healthcare is an unintentional commission or omission of an act that a reasonably prudent person or organization would or would not do under normal circumstances. Not following a recognized standard of care could be considered negligence. The case I have chosen to study is one from the Circuit Court of Baltimore City Maryland and is that of Enso Martinez a minor by and through his parent (Rebecca Fielding) vs The Johns Hopkins Hospital in Baltimore Maryland July 2013. I would describe this as a landmark, “David vs Goliath” case involving medical negligence in the form of nonfeasance and malpractice. Reckless and willfulness disregard for safety is called criminal negligence and is often considered a form of gross negligence, a more serious tort (Pozgar, 2012). The question in my mind throughout the read was; “did the conduct of the provider and the hospital constitute criminal negligence”? The jury’s verdict and plaintiff’s award seemed to suggest yes. As a health professional, while I might agree with the Jury’s decision, I’m not so sure I agree with the size of the award. Did Johns Hopkins Hospital (the Hospital), negligently fail to perform a timely Caesarean section, causing Martinez to suffer from cerebral palsy, retardation, and other disorders. The following are...
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...CASE STUDY OSHA (Occupational Safety and Health Administration) is a body that was created so that it could implement the occupational safety and health act so that it can protect the employees of any company or business against health hazards, discrimination at work, and unlawful treatment at work. All the business are provided with guidelines that OSHA follows plus how to apply and comply. The act states that the employers have the ethical duty of providing safe working conditions for every employee they have in their organization, in the more risky businesses the employees should be insured against damages or any health hazards. With such provision employees have the right to seek a safe and comfortable working place because that is a privilege that the act provided them. When doing this though employees are expected not to act out of fear instead they should have enough evidence to claim that their health is at stake because of the working conditions provided by their employers. Fear is a feeling that most people have towards a certain thing or person but it come become reality if justified. When an employer decides to discipline an employee he/she should confirm that whatever the allegations from the employee are they are not just mere fears but allegations with proof enough to support he/his case. Bambi Clark was concerned about her health because she believes that long exposure to radiations form her video screen can bring about alterations in the body, and defects...
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...Eulogio “Amang” Rodriguez Institute of Science and Technology EARIST Manila Campus Nagtahan, Sampaloc Manila College of Public Administration and Criminology THE ACADEMIC PERFORMANCE OF WORKING STUDENTS IN EULOGIO “AMANG” RODRIGUEZ INSTITUTE OF SCIENCE AND TECHNOLOGY (EARIST) SY: 2014-2015 A Thesis presented to: Prof. Cinderella U. Reginio Eulogio ‘’Amang’’ Rodriguez Institute of Science and Technology EARIST Manila Campus Nagtahan, Sampaloc Manila In Partial Fulfillment of the requirements for Technical Writing Presented By: Group 2 Students of Bachelor of Science in Public Administration II-3 1. Aplacador, Rose Jane E. 2. Bayanay, Madel G. 3. Buce, Sheena M. 4. Cuenta, Robby Mae L. 5. Dizon, Gelly S. 6. Lachica, Donnalyn B. 7. Manalo, Jollibe C. 8. Ola, Reynier O. 9. Paguinto, Katherine T. 10. Patal, Einiel L. 11. Patlonag, Marryrose R. 12. Perante, John Rey Danniel N. 13. Prado, Daisy N. 14. Soriano, Aldrin S. 15. Trongco, Florante C. September 2015 Eulogio “Amang” Rodriguez Institute of Science and Technology EARIST Manila Campus Nagtahan, Sampaloc Manila College of Public Administration and Criminology APPROVAL SHEET In partial fulfillment of the requirements for the Technical Writing, this thesis entitled The Academic Performance of Working Students in Eulogio “Amang” Rodriguez Institute of Science And Technology (EARIST) SY: 2014-2015, has been prepared and submitted by PA...
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...last ten (10) years. The Plaintiffs vs. Bayer Pharmaceuticals, the German manufacturer of the birth controls Yaz and Yasmin has landed themselves in hot water and is headed to the courts. Bayer Pharmaceuticals net worth is over a billion dollars and is still climbing. The use of the birth controls Yaz and Yasmin has sparked a lot of attention with claims of a number of dangerous side effects. This case has become very popular, with over 11,300 claims pending and the possibility of more to come, Bayer is expected to pay out about $110 Million in the Yaz case in an attempt to avoid being tried before a jury but that is only the beginning of a long list of active claims. The use of these birth controls are causing an increased number of blood clots in women as well as complications of blood disorders, problems of the heart, strokes, and in some cases even death. www.drugwatch.com the problem appears to be stemming from drospirenone (a progestin) that is found in the birth control pills. In the case of Shannon Landry of Louisiana she filed a complaint with the U.S. district Court for the Southern District of Illinois. In 2000 Landry began taking Yaz and continued until 2010, and shortly thereafter she began having severe side effects. She was later diagnosed with a gallbladder disease called biliary dyskinesia that resulted in surgery to have her gallbladder removed. Although her case is a little different from the usual side effects like blood clots it is one of the side effects...
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...Undergraduate Application for Admission Thank you for your interest in Excelsior College. Complete this application if this is your first time applying to Excelsior College or if you were enrolled in the School of Nursing within the last five years and have since earned additional collegelevel credit. If you have withdrawn from a business, health sciences, liberal arts, or technology degree program within the last five years, please contact your Academic Advising Office as you may not be required to submit an application. If you are a graduate of a business, health sciences, liberal arts, technology, or nursing degree program, please contact your Academic Advising Office as you may not be required to submit an application. Licensed practical/vocational nurse Licensed massage therapist Certified pharmacy technician School of Nursing Candidates In addition to official transcripts, nursing candidates must submit a copy of a current license or certification to verify professional status in an appropriate health care profession. This license should be mailed with your application or faxed to the Undergraduate Application for Admission Team at 518-464-8833. Bachelor of Science in nursing (BRN) and RN to Master of Science in nursing (MRN) applicants must submit an official transcript showing the completion of associate degree nursing education or RN diploma education. Nursing courses completed at institutions other than Excelsior College are only evaluated upon enrollment. International...
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...options, as well as reunification of children with birth families. In response to the failing child welfare system, President Bill Clinton signed the Adoption and Safe Families Act of 1997 (ASFA). This law served to amend the AACWA, in order to clarify some of the sections, as well as increase the effectiveness of the solutions provided. One of the greatest amendments made to the original law, was the emphasis that when States are adhering to the “reasonable efforts” requirement of family preservation and reunification, it should be “clear that children's health and safety are the paramount concerns of our public child welfare system” (Clinton, 1997). The law also helped to prevent reunification in situations where the child is at greater risk, and waived the States’ requirement to make reasonable efforts regarding preservation and reunification when the child’s parents have murdered or committed a felony assault against a child, or pose a serious risk to the health and safety of the child. Furthermore, the new law required States to document state agency efforts to accomplish a child’s permanency goal when working with children who are aiming for adoption or placement in another permanent home. Foster and adoptive parents who received adoption subsidies on behalf of the child were now required to submit to criminal records checks at the States’ discretion, as a result of the new emphasis on child safety in every step of the child’s case plan and judicial reviews. Another huge change...
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...The Affordable Care Act: A Case Study LaTonya Bolden EDU 806 November 26, 2017 Dr. Steven Moskowitz University of New England Table of Contents Executive Summary ………………………………………………………………………………………3 Introduction ...……………………………….…………………………………………………………….3 Bardach’s 8 Step Process and FMLA ……………...……………………………………………..……….5 Conclusion…………………………………………………………………………………………….…...8 References………………………………………………………………………………………...……….9 Executive Summary This case study will analysis the Affordable Care Act from its creation to its implementation during the Obama Administration. It will also discuss the challenges that the law currently faces. In the analysis, the eight step process created by Eugene Bardach will...
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...Candler V.Persaud Case Study Candler v. Persaud Case Study In order for physicians to get clinical surgery privileges to perform certain procedures in the realm of their practices, they have to obtain adequate abilities and experiences. There must be a combination of knowledge in theory and experience earned during practical situations. Without a clear confirmation of such combination of theory and practical knowledge, physicians are not in a safe position to perform any procedures. In the hospital setting, physicians must receive the clinical surgery privileges from hospital to perform any procedure there. It is incumbent to hospital to make sure all due diligence is followed by the physician. The hospital must check and cross check the qualifications of the physician. The hospital must take this responsibility seriously to ensure once physicians granted the privileges to perform their duty on the premises of the facility. Having all that taking care of, then the hospital will trust the qualifications of the physician and issued the clinical privileges to perform procedures. Granting these privileges can cause the hospital to later deal with competency challenges. Credentialing Issues in the Case All surgeons are licensed professionals in the medical field who have accomplished their educational requirements, practical trainings, and have successfully met all the criteria of a governing body before granting the privileges and the right to practice medicine in...
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...Two Case Studies from “The Life Span – Human Development for Helping Professionals” by Patricia C. Broderick and Pamela Blewitt July 12th, 2009 by David Kronemyer · No Comments The following two case studies are based on the book The Life Span – Human Development for Helping Professionals (2006, 2nd ed.) by Patriia C. Broderick and Pamela Blewitt. There also are occasional references to The Six Stages of Parenthood by Ellen Galinsky. Case Study # 1 – Chapter 4 – p. 142 Synopsis of the Case Study The case study illustrates the travails of teen pregnancy and its impact on family dynamics. It is eerily prescient of the recent contretemps involving Sarah Palin, the (former) governor of Alaska; her daughter Bristol; Bristol’s child, Tripp; and Tripp’s father, Levi Johnston. Teen pregnancy is a serious problem. A recent study shows that after improvement in the 1990s and early 2000s positive sexual behavioral change related to teen pregnancy has stalled or even reversed. Recent behavioral trends portend stagnant or even rising teen birth and pregnancy rates through 2008, Santelli, J., Lindberg, L., Dias, D. & Orr, M. (2009), “Changing Behavior Risk for Teen Pregnancy in the United States, 1991 – 2007.” J. Adolescent Health, 44(2), S44 – S49. Simultaneously Federal, state and local governments spend hundreds of millions of dollars on abstinence programs that require highly specific characteristics in order to contribute to the reduction of its incidence, Kirby, D. & Laris...
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...According to “FRACKING THE FARM: SCIENTISTS WORRY ABOUT CHEMICAL EXPOSURE TO LIVESTOCK AND AGRICULTURE” An owner of a farm in Pennsylvania claims that her border collies walked through a puddle of fracking fluid that was illegally dumped between her house and the fracking well near her home. She says that one of the dogs who happened to be pregnant licked the fluid from her paws and consequently when she gave birth seven of eleven puppies were stillborn. Another one of her dogs who licked the fracking fluid from her paws died of cancer less than a year later even though she was still very much in her prime. The farmer says that this will only become more of a norm as fracking is accepted more and more. Recently fracking fluids have been known to contain substances such as Methane, Radon and other chemicals. Unfortunately much is still shrouded in mystery in terms of public knowledge of what’s in that fracking fluid. Texas state law says that Fracking companies are required to reveal the chemicals used in their fracking fluid unless it is a trade secret, which by no surprise was claimed over nineteen thousand times in the first eight months of two thousand...
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...index, sometimes called a master person index, link a patient’s medical record number with common identification data elements, for example: patient’s complete name, date of birth, gender, mother’s maiden name and social security number. Because most health care facilities house patient records according to a medical record number, the MP becomes the key to locating paper based records in the health information department file system. Thus, the MPI is retained permanently because it serves as the key to finding the patients record, it can be automated or manual. According to the American Health Information Management Association (AHIMA), some recommended core data elements for indexing and searching records include: * Internal patient Identification * Patient Name * DOB * DOB qualifier * Gender * Race * Ethnicity * Address * Alias/pervious name * SS# * Facility identification * Universal patient identifier (if available) * Account number * Admission date * Discharge date * Service type * Patient disposition 2. What are registers and indexes? Registers and registries contain information about a disease or event and are maintained by individual health care facilities, federal and state government agencies and private organizations. Case report form are submitted by health care facilities and providers to report data to sponsoring agencies, facilities, and organizations. ***Remember, a register is a collection...
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