...Legal and Ethical Issues Italia Espinoza, Anthony Hill, Erik St. George, David Rojas, Janet Sanchez ETH/ 316 August 17, 2015 Leonard Knight Legal and Ethical Issues Having to deal with legal and ethical issues in a business can become difficult if the correct procedures are not followed. Knowing the difference and the importance of how these issues can impact a business and or an organization is a good approach when trying to make a business grow. Taking into consideration the minimal details in which a company can avoid any issues that can make their business fall back from growing and becoming successful, can be beneficial in the long run. Throughout the context, there will be some examples of what ethical and legal issues are and the impact they can cause an organization. What are ethical issues? Ethical issues are problems, situations or opportunities requiring an individual to choose among actions that may be evaluated as right or wrong, ethical or unethical. Ethical issues are sometimes caused due to conflict which could include personal or business. Some of the questions that arise would be “is it ethical to sell products that are legal, but are known to harm those who use them?” Defining ethics is norms of conduct that distinguish between acceptable and unacceptable behavior. Ethical issues goes beyond personal or business matters. It depends on the person or business to decide. In business ethics there are a set of attitudes, morals and rules of behavior...
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...Ethical and Legal Issues HR ethics are important to organizations as they can have legal and moral implications. In this assignment, you will develop a plan to resolve some of the ethical and legal issues involved in a merger. Use the Argosy University online library and textbooks to read about ethical and legal issues. Consider the following scenario: As part of the employment contracts, employees have certain rights. For example, employees have the right to not be coerced into situations against their will. They expect to be able to access the information, which affects their job, company, and career. Such work situations can increase stress, lower self-esteem and productivity, cause loss of trust, and decrease efficiency. Good employees who are looking for a more secure work environment may resign and take valuable tacit knowledge and talent with them. It is the responsibility of HR management to create an ethical work environment before, during, and after the merger. Instructions: As a strategic HR Director, you have been asked to identify ethical and legal issues involved in a merger and develop a plan to resolve these issues. Your plan should address the following: * Identify specific legal and ethical issues that should be considered before, during, and after the merger. * Develop an implementation plan for managing the potential legal and ethical concerns for the merger. * Explain how the proposed plan would help managers establish an ethical...
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...on legal and ethical issues Contents Introduction…………………………………………………………………………………………..1 Ethical issues……………………………………………………………………………………….. 2 Legal issues………………………………………………………………………………………….3 Legal, Ethical and operational issues……………………………………………………………..7 * Introduction This report will explain the legal and ethical issues that relate to the use of business information. l personally think that legal and ethical issues are usually to do with something that involves people having to abide to a law, in most cases there will be a consequence for not abiding with the law. Tesco may collect and process information about you, including: * Information that you give to them. You may give them information about you by filling in forms on the Tesco website or by corresponding with them by phone, e-mail and more. The information you give Tesco may include your name, address, e-mail address, phone number, personal description and photograph. * Information they collect about you. With regard to each of your visits to the Tesco website they may automatically collect technical information and information about your visit. * Information they receive from other sources. Tesco may receive information about customers if they use any of the other websites they operate or the other services they provide. Tesco, as well as other business, also work closely with third parties, which mean they may receive information about you from them. * Ethical issues Ethical issues are...
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...Legal and Ethical Issues for Health Professionals Student’s Name Institutional Affiliation Legal and Ethical Issues for Health Professionals Public Law and Private Law The law is a set of rules and regulations that are formulated by an authority and are applicable to a given community. According to Pozgar (2012), “the law is rooted in tradition, culture, customs, and beliefs” (p. 180). The primary difference between these two laws is based on who the act affects. If the action affects the society as a whole, then it is a public law but if the act only affects an individual or groups of persons, then it is a private law. Various Sources of Common Law Common law is regulated by customs and existing general principles (Shalhope, 2004). Common law can be derived from previous judicial decisions, statutory law, and administrative law (Pozgar, 2012). The common law that applies to the U.S. has its source in England. The law originated from the King’s court during the early middle ages. The common law has its root in the moral law. The U.S. has most of its common laws originate from the Ten Commandments. Res Judicata and Stare Decisis The Res Judicata principle states that once you file a case, you can not file a subsequent case (Morton, 2014). In the case where a plaintiff prosecutes a defendant for negligence and ends up getting a fair judgment may be barred by the principle from suing the same defendant for another action. According to Pozgar (2012), the Stare Decisis...
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...Running Head: LEGAL AND ETHICAL ISSUES 1 Legal and Ethical Issues Herzing College Online U7A1: MBA 663-8: Health Insurance and Managed Care LEGAL AND ETHICAL ISSUES Legal and Ethical Issues The current landscape of the healthcare industry changes rapidly with new rules and regulations, placing many healthcare insurance and managed care organizations in jeopardy of litigation because of legal and ethical issues. Controversy surrounds the healthcare industry because of the decisions made by managed care organizations regarding patient treatment and payment to providers. The following examines the legal and ethical issues surrounding the everchanging healthcare insurance and managed care organizations. Managed Care Conflict The problem facing managed care organizations and health insurance is the inherent conflict with their goal of cost containment by reducing service utilization, with the healthcare delivery system that places the patient’s health first (Kongstvedt, 2013). According to Saunier (2011), the definition of managed care is: 2 Processes or techniques used by any entity that delivers, administers and / or assumes risk for health services in order to control or influence the quality, accessibility, utilization, costs and prices, or outcomes of such services provided to a defined population. (Saunier, 2011, p. 22) Saunier (2011) describes the purpose of these organizations that manage care is the control of costs by “implementing aggressive cost containment...
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...Legal and Ethical Issues (GlaxoSmithKline in $3 billion fraud settlement) In cases like the GlaxoSmithKline fraud settlement there are legal and ethical issues affected. Ethically it was wrong for GlaxoSmithKline to put profit before the health of the public. Ethical issues do not have to be proven in court. Most individuals know and understand ethics as a basic human guideline for behavior. With thing legal issues it is a bit more difficult. In order to take action toward GlaxoSmithKline legally the allegations need proving. There was an allegation of GlaxoSmithKline using drugs for purposes which they had not been approved. GlaxoSmithKline also failed to report safety data about top drugs. Ethical and legal issues often times overlap, however in some cases not. It is our job as consumers to hold those who jeopardize patients’ health, harm taxpayers, and violate the public trust accountable for their actions. (Deception Duke) The video displayed many legal and ethical issues. The ethical issues against Duke were insurmountable. There were several opportunities to stop the study. Information was brought to their attention that raised suspicion, but they chose to ignore them. It was stated that they did not know about the fraud. I believe this to be true, but most importantly I don’t think they wanted to know. Even after the introduction of several red flags Duke chose to ignore them. Duke may not have any legal obligations to put a regulatory system in place to prevention...
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...BUS670 MBA Program Legal/Ethical Issue March 2012 Today’s business world presents numerous ethical issues. In today’s world above board/moral ethics in organizations do not often materialize intuitively. Organization must strive to provide employees with a clear understanding of the overall company vision. This will aid employees in practicing the code of ethics, policies and procedures in the workplace. Companies must be unwavering in continuously delivering the uppermost ethics of provision in which customers, applicants and employees are entitled to under fair business practices. One major core value is to uphold responsible and fair business practices. A core dedication to sponsoring and upholding the extreme parallel of ethical values relative to all business actions is essential. In this paper, I will analyze a legal/ethical issues relating to current, previous, and/or potential future work environments. Harassment, discrimination, and retaliation will also be briefly discussed as well as ideas for corrective actions pertaining to issues. Because many organizations miss the mark on properly addressing ethical &legal conflicts concerning employees; the issues are ongoing and often damage the work environment, sometimes resulting in lawsuits. What is business ethics? Business ethics is the behavior that a business abides by in their daily transactions with the world. This also includes the individual interactions with customers. The moral code of a specific...
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...Assignment 1 2 Health care professionals must learn how to balance the principles of Nonmaleficence, Beneficence, Autonomy, and Justice especially in a busy hospital as in the case of Armando Dimas. Health care ethics is a type of normative, applied ethics. It is based on the assumption that, despite all of our differences, we can determine what is right and wrong within the constraints of a human condition prone to error. The goal of health care ethics is to provide health care professionals, students who seek health care careers, and members of the general public with moral guidelines that any rational person would recognize as worthy ones to follow. (Tong, 2007, p.6) In the case of Armando Dimas, when Armando first came to the emergency room, the neurosurgeon that was on call and did his initial evaluation, made the statement that Armando should be dead. Because of this neurosurgeon’s assumption the hospital made up their minds as Mr. Dimas was a potential organ donor. This assumption was a violation of his rights by presuming he was dead when he was actually still much alive. Even after the successful resuscitation and the start of life support, he regained consciousness even though he was put on a ventilator to keep him alive. The medical staff in this case did not act in a beneficently way because they believed that Armando would want to...
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...Health Record Policies You work in a health information management department for an outpatient clinic. Your manager is revising the policy and procedural manuals for the department and is particularly interested in confirming that policies are in compliance with state law and Health Insurance Portability and Accountability Act (HIPAA) Privacy Law. Your manager asked you to review several policies and to review state code as they apply to HIPAA Law. Your manager left the following two policies on your desk for review: Release of Information: Shadow Chart Policy “A shadow chart is a duplicate health record kept for the convenience of the medical provider. In the event that an authorized individual requests health information pertaining to a specific episode of care, health information management staff will review any shadow charts kept by medical providers for that patient to determine if any such shadow charts contain information related to the episode of care. If the shadow chart contains information related to the episode of care and is not found in the electronic record, the information from the shadow chart will also be copied, in addition to requested information found in the electronic record.” Your supervisor left a note that this policy needs an addendum. Information Security: Workstation Policy “Employees are required to secure their personal workstations when not in use. Confidential health information must not be displayed on computer screens unless...
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...As one is to consider all the different cultures in the world, the differences between each of them are extraordinary. One’s culture can shape their morals, principals, and perspective of what is right or wrong. Cultures are driven by religion and tradition. Cultural relativism is the ethical theory that right or wrong rests with a society’s actual moral guidelines, and these guidelines vary from place to place and from time to time (Quinn, 2013). This theory can be proven on many levels. Although, most societies have many things in common such as the value of human life, respect for one’s parents, and practices such as marriage. There are also some distinct differences. One is to consider these differences and contrast how these differences are relevant to cultural relativism. After spending much time in Southwest Asia, I had a great opportunity to experience another culture. As the culture in Southwest Asia was very similar to my own, there were some distinct differences. In the United States, our laws are designed to cater to every religion, nationality, and even visitors. In Southwest Asia, 90 percent of the population is Muslim. Therefore it was very different in Southwest Asia, the laws of the land were based off Islamic law. Despite a person’s religious preference, while visiting Southwest Asia, one had to follow laws that derived from Islamic law. For example, Islamic law is very strict on marriage, therefore no couple could show any sign of physical affection such as...
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...International Legal and Ethical Issues Contemporary Business Law-LAW/421 Dina Centifanti Gledhill May 28, 2012 International trade is important and beneficial to business. However international trade must be guided with a safeguard of interests, specific business contract, defined law, forum of dispute settlement, and understanding of contract clauses. “A working knowledge of international law helps business owners and managers with global interests reduce risk and increase profits” (Melvin, 2011, P. 631). This enlightenment will address the international legal and ethical issues involved in international business transactions and compare such to domestic business operations. Resolving legal disputes Business internationally, enviably creates change in legislation, interest conflict, and rise of ethical dilemmas. When international business arises, business owners, and management must use precaution to avoid ethical, legal, and cultural issues. Business must prepare for the unexpected to ensure success. Often conducting foreign business requires the parties to set standard law, determine how to settle disputes, and define contract clause to determine the correct business decision applicable through contracts. Foreign businesses commonly use contracts for the international sale of goods as standard law. “Contracts for the international sale of goods was created by the U.N. Commission on International Trade Law to establish uniform rules for drafting certain international...
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...Ethical and Legal Issues in Pharmacy Name HCA322 Instructor December 16, 2013 Back in the 1990’s, the baby boomer generation stepped into their middle age years. Since it is not uncommon for people to begin having health issues at this age, there became a larger demand for healthcare services, and a huge demand for more prescription medications. The demand that was placed on the pharmaceutical industry brought about an urgent need for the teaching of professional ethics in schools of pharmacy. The measures taken in response to this demand were very necessary as the public now places such high expectations on pharmaceutical professionals, and rightfully so. They have access to both lifesaving and life-ending drugs and they possess knowledge that the common person finds intimidating. Patients feel a sense of vulnerability with all of the aspects involved with the industry that they may not understand such as the electronic transmission of information, electronic records, e-scripts, delivery and the complexity of health interventions, along with legal limitations, the many different medical specializations and the sharp rise in the use of generic pharmaceuticals (Klepser, et. al., 2008) It is possible that a pharmaceutical professional may find themselves in vulnerable positions as well, feeling trapped between their own personal ethics and the liabilities placed on them by their profession. They may find themselves sometime questioning as to whether they can fully uphold...
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...International Legal and Ethical Issues Several issues were addressed in the simulation pertaining to international legal and ethical issues relating to business. There were many issues portrayed in resolving international legal disputes including the full understanding of the local laws and the choices surrounding law and dispute resolutions. The text states, “Whenever a U.S. firm enters into a contract situated in a different country, it should make sure the agreement is officially enforceable” (Melvin, 2011). To fully understand the local laws in an international business transaction a corporation would have to find answers to questions regarding foreign exchange controls, environmental issues, and required governmental consents.. The answers to these questions will help the CEO and legal team move forward in creating a contract that is agreeable to both parties. Choosing the correct law clauses to agree upon during negotiations is one of the most vital considerations of taking legal action against a foreign business partner. In the situation of CadMex, the Candorean Regulations for Technology Import Contracts would be the best selection (University of Phoenix, n.d.). This clause would be the most beneficial because Candoria would most likely impose their government’s laws and regulations. Sublicensing would most likely work for CadMex. However, there...
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...Ethical and Legal Issues in Nursing NUR/391 Ethical and Legal Issues in Nursing As nurses, it is our duty to advocate for our patients. At times, we are faced with personal and professional challenges that impact how and when we chose to advocate. It is imperative we have a healthy awareness of these potential challenges. Improvements in health care technology have provided patients with an array of treatment options as well as assumed or possible increased chance of survival. As a result, nurses are met with a rise in ethical decision making. This paper will discuss the legal, ethical, social, and personal factors that can impact our decision making process, with the focus on two specific case studies. American Nurses Association Code of Nursing Ethics Role in Practice The American Nursing Association (ANA) has created a set of ethical standards for the profession of nursing to abide by, which is entitled the ANA Nursing Code of Ethics. The ANA Code of Ethics states that collaboration is central to the care nurses deliver and to their ethical commitment to the patient (Garity, 2005). In the end-of-life case study, the nurse (she) has an unwritten obligation to the patient; the family appears to be in conflict with how to proceed with the patient's medical treatment. The medical team has an obligation to give the family all of their options and possible outcomes. If the family remains in conflict, it would then be appropriate for her to refer the family to...
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...International Legal and Ethical Issues In the “Addressing Legal and Ethical Issues Simulation” a number of issues were addressed. The most complex issues were surrounding the proposed jurisdictions of the courts where legal disputes would be argued. The central issues were the time and expense involved in the resolution of potential disputes. At issue were the distance (time and expense) of litigating in US courts versus the immediacy of litigating in the courts of Candore. The enforceability of any judgment was questionable. In the opinion of the Team, non-binding arbitration subject to international law could be the best solution for this question. The recent acceptance of Candore into the WTO should encourage compliance with decisions made in non-binding arbitration and would expedite resolution in a timely and less expensive to both parties and in the event of continued disagreement the parties would have recourse in international law. The alliance between CadMex Pharma and Gentura has been a successful one and both companies have cross-licensing agreements for several other drugs and techniques. CadMex and after 5 years of doing business with Gentura is now facing a dilemma due to the change in political system in Candore a new government is now in place also the country is in the midst of an viral epidemic affecting more than 1% of the population, ViroBlax is a drug CadMex licensed Gentura to market is one of the drugs used in the treatment should CadMex allow Gentura...
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