...It is human nature to make mistakes; however, mistakes that cause harm to someone else could be considered negligence. In the case with Mr. Benson in the Neighborhood Newspaper article, a mistake was made that was irreversible. He went into the hospital to have his leg amputated, and the doctor amputated the wrong leg. The question is was the doctor negligent in his practice? Is the amputation of the wrong leg considered to be malpractice on the doctor’s part? This paper will differentiate between negligence, gross negligence, and malpractice. After differentiating between these terms, it will be determined if the doctor operating on Mr. Benson was considered to be negligent, gross negligent or was this mistake malpractice. To determine if the doctor who operated on Mr. Benson was negligent, the term negligent has to be defined. According to the Journal of Legal Nurse Consulting (2007), negligence is defined as the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation, any conduct that falls below the legal standard established to protect others against unreasonable risk of harm, except for conduct that is intentionally, wantonly, or willfully disregardful of others’ rights. In Mr. Benson’s case, the doctor would be considered to be negligent. The surgeon did not act in the same way another surgeon, in the same practice would have acted. For some reason, not all the measures were taken to ensure...
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...Christian Llerena BUS 200 Dr. Lasher 3/19/12 The Electoral College is defined as “a body of electors chosen by the voters of each state to elect the President and Vice President of the United States”. The Electoral College system has been a staple in the United States since the ratification of The Constitution, however there is much debate on whether it should remain or be done away with completely. In this essay, I will give a brief history on the Electoral College, how it works, and why it was created in the first place. Despite the shortcomings and limitations of the Electoral College I believe that it should not be abolished because it contributes to the cohesiveness of the country, it maintains a federal system of government, and it maintains the interests of minority groups. To begin with, I will discuss how the Electoral College works. The Electoral College operates by having each state allocate a number of electors equal to the number of its U.S. Senators (always 2) along with the number of its U.S. Representatives (varies from state to state depending on its population). Next, after all their caucuses and primaries, each party nominates their candidates for president and vice president. After that, the people from each state vote for a party’s slate of electors. Whichever party slate gains the most popular votes becomes the slate of electors for that state. Then, the electors meet in their respective state’s capitol and cast their votes for president and vice...
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...The factors that influence the founders in creating the Electoral College were brought on by lessons learned in the early elections the result of those factors are still used to this day, two centuries later. The founding fathers had a lot to consider when it came to selecting how they would choose the leader for their newly formed government. The first president was chosen by the founding fathers before the election of 1800 in which the candidate with the most votes was elected president and the runner up was to be the vice president. This was proven to be a problem due to the different views of the parties that were running against one another. Having just won its independence from Great Britain and only having the Monarchy as a model to obtain guidance it was very important that the founding fathers looked at every angle of picking the person to lead the country at the time. The wrong type of man at the helm of the country could be devastating to what the founding fathers had worked on establishing. If the people were to have a say in who was to be president the electoral college could be seen as a way to protect them from a person that could persuade them with words but truly have a hidden agenda or not have the best interest of the country in mind a “demigod “. Adolf Hitler is a good example of this type of person becoming a leader that was able to persuade an entire country into trying to take over the world and this kind of person was exactly what our founding fathers...
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...El sistema binominal. Después del 11 de septiembre de 1973 chile necesitaba un profundo cambio en su constitución y en sus políticas publicas ya que quedaron demostradas que eran demasiado frágiles. Es por eso que durante el gobierno militar se implemento el sistema binominal, un sistema de elecciones con el fin de la creación de un sistema bipartidista en torno a dos grandes partidos políticos o coaliciones. El sistema binominal es tanto para el equilibrio político como económico, ya que en ese momento no se creía que el pueblo chileno fuera lo suficientemente capaz cívicamente de elegir correctamente a sus representantes (senadores y diputados), entonces se creo este sistema para mantener un margen de efectividad y equilibrio con respecto a sus representantes. El sistema binominal es fundamental para entender la gran democracia que existe hoy en chile, ya que permitió dar un equilibrio de partidos políticos ideas y posturas para la transición a la democracia que conocemos hoy, sin esta hubiéramos vuelto a los errores del pasado con ideas extremistas y sin moderación. Dejar de lado las ideas extremas y concentrarse en ideas moderadas pero de gran capacidad son las que tienen a chile en una posición políticamente envidiable por nuestros vecinos que no han podido dejar de lado sus ideas extremas y moderarlas por el bien común y desarrollo del país, la capacidad de que cada proyecto deba ser debatido y analizado en profundidad que para conseguir la cantidad de votos...
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...Medical Malpractice Statute of Limitations In this assignment we will cover the statute of limitations that govern medical malpractice. We will do such by identifying the statute of limitations placed on medical malpractice by Alabama and Massachusetts. We will discuss some of the similarities and differences between the two. The State of Alabama has very specific rules when it comes to the statute of limitations they impose on medical malpractice. In Alabama all actions against health-care providers must be filed within two years after the date of the injury occurred, or within six months of the date the injury was, or should have been, discovered. In no event may a suit be filed more than four years after the date of the act giving rise to the injury occurred. This limitations period applies to minors over four years of age. However, in the case of a minor under four years of age, that minor has until his or her eighth birthday to file a medical malpractice action In Massachusetts there are also certain statutes of limitations for medical malpractice that must be considered if filing a malpractice suit. All medical malpractice actions must be filed within seven years after the date of the act or omission giving rise to the injury with the exception of actiosn for a foreign object being left inside the body, in which case the limitations period begins to run when the plaintiff discovers or should have discovered the presence of the foreign object. For medical malpractice...
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...Ethics Case Study Brenda Gary HCS/335 Ethics: Health Care and Social Responsibility February 21, 2012 Ken Parker Ethics Case Study The health care system of today is different from that of the past. Incidents of patient injuries that would have gone ignored by the family or patient in the past are now the basis for malpractice lawsuits. The issue today for most health care facilities is liability. The law on torte and negligence (2012) sees liability as a major risk not only for the physician but also for allied healthcare professionals working under the direct supervision of a medical supervisor, such as a medical assistant. When a medical assistant takes it upon himself to perform tasks outside the scope of his training or skills, the physician may be liable for any injuries or damages caused by the employee. Jerry McCall In this scenario, Jerry McCall, is an office assistant who has training as a medical assistant and Licensed Practical Nurse. He receives a phone call from a patient requesting a Valium refill before a plane ride. The patient stresses that he is leaving for the airport within thirty minutes and that Dr. Williams (whom Jerry work for) is a friend who gives him a small supply of the antidepressant Valium when he has to fly. Jerry is the only person in the office at the time of the call and has to decide what to do. Though Jerry may want to help the patient, he cannot. Jerry is a trained professional but he does not have the authority to...
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...Collaborative Practice What do we mean by collaborative practice? Collaborative means united, combined, shared and so by saying collaborative practice it means working together as a team, not just nurses, but the whole multi-disciplinary team all working together to achieve the best possible outcome for the individual person/patient as their goal. Many of us here today may already have an idea or good understanding of what some of the other health professions do. To care /help the individual person/patient to the best of our abilities, providing the highest standard of care is of course the common aim we all share, but what do we really know about the other health professional teams?, From the GP surgeries, to the hospitals, community care and nursing homes. For example; I always thought of occupational therapists as the tea + sympathy brigade with maybe a game of scrabble or some knitting thrown in? Obviously I had no idea!!! I now know and understand that they are at the heart of patient rehabilitation long after the client has been discharged from hospital, devising and implementing individual therapy programmes for all in their care ( children, adults, elderly ), in order to promote, help regain or maintain health and well-being for the individual person/patient. I thought radiographers just took x-rays all day and of course that’s not the case! They can provide a vital role offering support and reassurance to the patient/person...
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...Ethics Case Study XXXXXXXXXX HCS/335 May 2, 2011 Beryl Keegan, RN, BSN, MSN/HCE, CCRN, CLNC Ethics Case Study "Jerry McCall is Dr. William's office assistant. He has received professional training as both a medical assistant and a LPN. He is handling all the phone calls while the receptionist is at lunch. A patient calls and says he must have a prescription refill for Valium, an antidepressant medication, called in right away to his pharmacy, since he is leaving for the airport in thirty minutes. He says that Dr. Williams is a personal friend and always gives him a small supply of Valium when he has to fly. No one except Jerry is in the office at this time. What should he do" (Fremgen, 2009, p. 85)? Medical ethics is a subject open to much interpretation and is prone to many grey area's without definite answers. In the case of Jerry McCall, Medical Assistant, Licensed Practical Nurse and Office Assistant the rationale, ethical and legal, for not refilling a prescription without physician consent are justified. If Mr. McCall chooses to refill the unauthorized prescription and the patient has an adverse reaction, his employer, Dr. William's can be held legally responsible for the committed tort even though he is personally without fault (Regan & Regan, 2002). Ethical and legal ramifications are at stake; using effective problem-solving methods to assist with decision making can help to avert a problematic outcome. Qualifications Required for Authorizing Prescriptions ...
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...Medical Error’s TUI University BHS-499 Senior Capstone Project Module 5 SLP Professor: Medical Error’s I. Introduction: Background and Context of Medical Error’s. Preventable medical errors kill more Americans than diabetes, influenza and Alzheimer’s; and if tracked separately, would be the sixth-leading cause of death in the United States. The National Academy of Sciences, Institute of Medicine (IOM) has estimated that 98,000 Americans die each year as a result of preventable medical errors. Medical Error’s II. Importance, Relevance/Extent of Medical Error’s. There are many types of medical error and they can be classified from minor to major depending on the result of the error. According to the Agency of Healthcare Research and Quality (AHRQ), in November of 1999 the Institute of Medicine (IOM) released a report estimating that as many as 48,000-98,000 patients died as a direct result of medical error in the hospital each year. Patients are always at risk and medical errors may result in: (AHRQ) • A patient inadvertently given the wrong medicine. • A clinician misreading the results of a test. • An elderly woman with ambiguous symptoms (shortness of breath, abdominal pain, and dizziness) whose heart attack is not diagnosed by emergency room staff. Medical Error’s III. Cause of Medical Error’s. Some or most of the hospitals around the world are under-funded and using limited funding efficiently could be very difficult task. Limited funding...
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...1. Justify your position about the importance of the physician-patient and hospital-patient relationships. The relationships of the physician –patient and hospital-patient are both extremely important and equally impact the health of the patient as well as the success of the hospital and physician. The physician-patient relationship is the center of health care due to the fact that one of the main aspects of a patient’s care is his/her discussion with the physician. In the past, patients had to rely solely on the directions and information provided by the physician in order to make important health care decisions. Patients were also limited in their access to health care facilities as well as hospitals. In today’s society this is not the case because most patients have the ability to seek second opinions, research alternate conditions/treatments, as well as rate physician care/hospital services through social media on the internet. A cancer patient in TN may travel to TX to receive treatment from a specific specialist and/or a highly recommended facility. Since the dynamics of the physician-patient and hospital-patient has changed, the relationship has changed but its importance has not. Therefore, it is essential that both the physician and the hospital facility itself have a good rapport with the patient in an effort to continuously build the relationship. A poor relationship between the patient and the hospital and/or physician could compromise the ability of the patient to...
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...is the Electoral College – an indirect voting system and not a national popular vote. This system was implemented by the Founding Fathers about 200 years ago (Shea 2005, 4-6) In recent times the debate about whether the Electoral College is still an effective system considering the circumstances the United States has to face now, is arising more and more. “American society is highly polarized in its perception of the existing election system” (Belenky 2012, ix). This paper has the aim to contrast the arguments against and in favor of the Electoral College and to demonstrate possible alternatives. In the conclusion an answer to the question “Should the Electoral College be reformed?” will be given. 2. How it works The Electoral College, as it is outlined in the 12th Amendment, is a body of electors chosen to elect the President and Vice President of the United States. In Article II of the Constitution the electing procedure is written down. Each state delegates a specific number of electors to the Electoral College, dependent on its representation in Congress (House of Representatives & Senate). According to the fact that each state has two Senators and at least one Representative (dependent on the size of the population in the state), each state has three electors at the minimum (for example Alaska). With 55 electors, California has the largest number at the moment (see illustration 1) (Electoral-vote.com 2013). Figure 1: Blank map of the U.S. with electoral vote ...
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...June 23, 2012 Memorandum Re: ManBank’s loan to Bob Prepared By: Joan, as director for ManBank, was approached by her friend Bob, requesting a loan to start a new airline business. Bob has determined that he would require a loan of $300,000.00 to begin this venture. Bob plans to use the planes he intends to purchase as collateral for the loan. Joan researches Bob’s background and identifies that he has worked in the industry for 12 years and was able to show an increase in regional sales by 28%. Based on this research and Joan’s personal friendship with Bob, Joan recommends that ManBank provide the full loan amount. The loan is granted and Bob begins his business. Within 3 years, Bob’s business goes bankrupt and the bank is only able to recover one half of the loan amount upon the sale of Bob’s planes. The bank is now responsible for a debt of $150,000.00 that they will not be able to recover. Due to this debt, the shareholders of ManBank file a derivative lawsuit against Joan for breach of her fiduciary duty of care. The issue is to determine if Joan’s conduct is protected under the Business Judgment Rule (herein referred to as, BJR), thus, determining if Joan should be held liable for the company’s debt. As outlined in the NPC courseware, the Business Judgment Rule does not provide for a distinct definition. It is a principle that it utilized by the courts in multiple applications and translations. Essentially, the BJR is a corporate...
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...The Electoral College (EC) was established in Article II of the Constitution and amended by the 12th Amendment in 1804. Each state gets a number of electors equal to its number of members in the U.S. House of Representatives plus one for each of its two U.S. Senators creating a total of 538 electoral votes. A majority winner must receive 270 votes to be elected. With a few minor exceptions, the Electoral College gives all of the electoral votes for each state to the plurality winner in that state, regardless of the margin of victory. This "winner takes all" arrangement at the state level can elect a President who loses the popular vote, as was the case in 1824, 1876, 1888, and 2000. Firstly, one reason supporting the abolishment of the EC is that it suppresses the popular will. This is because it may allow a candidate to win despite only receiving a minority of votes across the country as a whole. For example, in the 2000 elections Gore received approximately 500,000 more of the popular vote than Bush winning in most major cities and urban counties. However, Bush received more electoral votes throughout the rest of the nation winning more than three times the amount of counties than Gore. It also suppresses the popular will through faithless electors. These are members of the House of Representatives who were chosen to vote for a party but do not vote for their state’s preferred candidate. For example, in the 2000 election, Barbara Simmons abstained voting for Al Gore to protest...
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...“The Electoral College is a process, not a place (What is the).” The Electoral College has been around since the Constitution, but the reason for its existence is strange. When the Constitution was being created the Founding Fathers believed that the new found American citizens would be too stupid to govern themselves, and thus, The Electoral College was born. The Electoral College functions by giving each state a select number of votes based on population (What is the). Once each state gets their Electoral votes they must choose Electors; this is a two part process. First, Political Parties from the state chose potential electors, and then the people of the state vote on which electors they see fit (Electoral College Fast). Since its creation, The Electoral College has gone unquestioned, and we’ve never stopped to ask ourselves if it should still be in place. People are in opposition to The Electoral College because they believe it creates a sense of inequality, and lack of voice in vital elections. On the other hand, some people believe that The Electoral College gives states with smaller populations a voice, and is helping stupid people from making the wrong choice in elections. To some, The Electoral College has a magnitude of flaws perpetuating a unfair social hierarchy; to others, it is a system that is preventing inequality and anarchy to flourish in the United States. People believe that the The Electoral College is an unfair process created to silence the...
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...According to Collinge & Ayers (2004), “moral hazard lowers the price of healthcare for patients and thus causes the quantity demanded of healthcare to exceed the efficient quantity.” In contrast, the policy would save the government a lot of money. They would no longer provide Medicaid for the poor or Medicare for the elderly (Collinge & Ayers, p. 213). One of the most significant costs of modern medicine involves malpractice insurance. Should the government limit the amounts that juries are allowed to award victims of medical malpractice, so as to reduce malpractice insurance premiums and thereby lower healthcare costs? Limiting the amount juries are allowed to award a victim can impede their ability to care for themselves financially. Would you want your award limited to $15,000 and you were left paralyzed for the remainder of your life, resulting in not being able to earn a living? The amount of awards should be based on the situation. In addition, if the government were to enact universal coverage, there would likely be a rise in medical malpractice due to a decline in physician competition and patient surplus for those healthcare providers in demand. References Collinge, R.A., & Ayers, R.M. (2004). Economics by Design: Survey and Issues, Third...
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