...between negligence, gross negligence and malpractice. I will also cover my opinion about the situation, agreement or disagreement deciding whether it was a mishap or negligence, the importance of documentation, the ethical principles that serve as a guide for nursing. Negligence is not being diligent. It is one of the legal issues that all healthcare provider are prone to participate unintentionally. Guido (2010 stated, “Negligence denotes conduct lacking in due care. Negligence include doing something that the reasonable and prudent person would not do” (p. 92). Negligence can occur anytime and in any areas of the healthcare environment. However, negligence most likely happens with old people in health care setting, for example, nursing home, hospitals and boarding care facilities. Some of the common negligence examples include failure to provide adequate nutrition, medication error, physical injury, and failure to turn patient that lead to a poor skin integrity. Gross negligence is more serious than negligence. The difference between the two of them is the degree of carelessness or inattention. Negligence is when a person fails with the standard of care not intentionally and gross negligence is a complete reckless conduct. Convalescent Services Inc. V. Schultz ( as cited in Guido, 2010) said, that the gross negligence is when the care giver is aware of the risk involved, but proceeded in conscious indifference to the rights and safety of the patient (p. 511). This action cause...
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...AVIATION SAFETY PROGRAM Name Professor’s name Course Date Abstract The paper seeks to look into some of the critical issues concerning safety measures in the commercial aviation industry. It focuses more on the concept of stress in Air Traffic Controllers (ATC) and how high stress levels can affect the performance of ATCs. Further emphasis is laid on the various measures that can be put into place to address some of the safety issues in commercial aviation industry through the risk management strategies. Several aspects of the whole case arise in the whole program of addressing the issue. It becomes a matter of collective responsibility in the bid to address safety issues and come up with modalities to mitigate any safety threats in the future. At the end, we realize that all the players in the industry have the specific roles to play towards the program. Introduction In an increasingly competitive global environment, where the scramble for resources and the search for tangible opportunities seem to have overtaken any other global undertaking, the importance of commercial aviation cannot be overemphasized. Commercial aviation plays a very central role in the overall growth of any economy across the world. It is therefore imperative to look into the key issues that govern the aviation industry to ensure its success and proper functionalism. The concept of aviation security comes in as one of the most pressing issues in this regard. The...
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...Analysis When the determination has been made to change a business’s entity it is important to understand what entity would be best suited for their business needs. Acme Fireworks is a sole proprietorship that is growing fast, the owner is considering changing the business entity. The decision that needs to be made is which entity will best suit their advancing needs. Acme Fireworks can choose between three entities: a partnership, corporation, and limited liability company (LLC). There are pros and cons for each of the different entities. When taking into account the current personal liability, if the contracts already in place are valid, employment needs to fulfill the large orders, and defining the different types of entities, my recommendation for Acme Fireworks would be to become a corporation. Just about everyone in the United States has some personal experience with fireworks, either from Fourth of July or New Year's Eve celebrations. Fireworks have always been dangerous and have caused, and continue to cause, serious and tragic accidents. Every year injuries both minor and major are caused by fireworks. Potential personal liability for injuries to consumers caused by the firework products is inevitable. When the firework explodes, it can send out many burning hot embers, or if it is positioned in the wrong place it can set houses or nature on fire. Fireworks can even be a dangerous weapons in the hands of vandals. However, not all mishaps due to fireworks occur as a...
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...Negligence Paper University of Phoenix Health Law & Ethics Negligence Paper Being a medical professional has many challenges when dealing with direct patient care. Sometimes in the best of circumstances, incidents occur with patients that cause undue harm. This paper will differentiate between negligence, gross negligence, and malpractice. It will also discuss the article “Amputation Mishap; Negligence” from the Neighborhood newspaper. It will discuss the importance of documentation and the ethical principles that would guide my practice as a nurse. Negligence can be defined as the failure to use reasonable care that a reasonably prudent person would exercise in like circumstances. (West, 1998). Negligence occurs when a medical health professional fails to perform his or her duties with the patient in question. If a nurse fails to give medications as ordered, and as a result the patient's condition worsens or he dies, the nurse may be found negligent. If a nurse has inadequate nursing skills or fails to pay attention to tasks, it may result in a suit of negligence against a nurse who fails to provide approved standards of care. A good nurse knows their duties and has good communication between the patient and the physician. The nurse knows board regulations and practices within legal guidelines. Gross negligence can be defined as a conscious and voluntary disregard of the need to use reasonable care which is likely to cause foreseeable grave injury or...
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...Negligence Paper HCS478 September 22, 2014 Amputation Mishap The article of the "Amputation Mishap," located in (Pearson Health Science, 2014) Neighborhood News, season 3 episode 7 is about a 62-year-old gentleman who went into the hospital to have his right leg amputated, but instead the wrong leg was amputated. He received a below the knee amputation of his left leg. The reason that he was having his right leg amputated was because he is diabetic and has poor circulation in his right leg. The surgery did not correct his problem but instead created bigger problems, because he still has the leg with the poor circulation and will most likely still need his right leg amputated. This was a huge mistake that the hospital staff has made. The incident of the wrong leg being amputated is a result gross negligence. This paper will be discussing the difference between negligence, gross negligence, and malpractice. It will also cover my opinion about the situation, deciding whether it was a mishap or negligence, the importance of documentation, the ethical principles that serve as a guide in the nursing practice in this situation, and how documentation should be done to satisfy ethical and legal requirements. For negligence or malpractice to be present there is a couple of things that needs to be proven such as a duty owed to the patient, breach of duty to the patient, foreseeability, causation, injury and damage. In order for there to be negligence, it has to be an injury...
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...The climbers' experience in mountain climbing varies greatly from some well qualified cambers, and some who must rely dominantly on the guides. Despite a variety of mishaps, the primary death doesn't truly occur until about hafway through the book. From that time on, death is something all the climbers become well acquainted with. The actual summit push is when everything begins to collapse. Rob Hall appoints a 2:00 pm turn-around time, which means that everybody who has not truly reached the summit by then should turn around, no matter how close he or she is. That day, only Krakauer and a couple of other climbers make it to the top before 2:00 pm. The other members of his group reach the top as late as 4:00 pm, despite the 2:00 pm turnaround time. Among the later arrivals to the top is Rob Hall and another member, Doug Hansen. They arrive just behind another climbing group guided by Scott Fischer. A storm hits the summit that afternoon, and Krakauer catches only the tail end of it before he successfully...
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...----------------------- Energy Trace Barrier Analysis (ETBA) – Qualitative analysis technique used to identify hazards by tracing energy flow into, thru, & out of a system. “Energy hazard” is defind as an energy source tht adversely impacts an unprotectd or vulnerable target. Assessment is conductd by following the energy path to determine if adequate controls are in place to assure undesird energy release does not occur.– Energy flow is tracd through the system operation & energy transfer points are identifid– Barriers to ento energy flow are evaluatd to determine adequacy • ETBA process can be applied at any stage of the project lifecycle & can be very useful for:– Systems design –Developing procedures(e.g., lockout--‐tagout). – Planning/judging operational readiness. – During mishap investigation or making “safe--‐to--‐enter” decisions at mishap sites. ETBA Approach • Examine system & identify all energy sources • For each energy source, trace its path through the system • Identify all targets tht could be vulnerable to the energy source • Identify all barriers in the energy flow path • Determine if existing controls are adequate. Energy Source– any material, mechanism, or process tht contains potential energy tht can be releasd •Electrical •Mechanical •Chemical •Radiation• Sonic• Thermal• Nuclear• Pneumatic• Hydraulic• Others Energy barrier --‐ any design or administrative method tht prevents energy from being releasd or prevents a hazardous energy source from reaching a...
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...certification of UAV system very rapidly. The first part of this report provides a brief introduction regarding the failure of the components. The second part discusses about the System Test and validation of the UAV. The last part of the report analyzes the human factor issues involved in the UAV. Introduction The UAV is not a new concept as it was in the situation of First World War. The roles and responsibilities that it carries has increased its utilization in the field of defense, disaster surveillance etc. Increment in utilization has accompanied by more number of failures rates compared to commercial and conventional airframes. There is about 1 per 100,000 flight hours’ general aviation mishap which includes UAV and about 1 per 1000 flight hours that includes military UAV. If these mishaps is to be calculated the failure rates of UAV is about 25% [ (Tvaryanas, Thompson, & Constble) ]. Despite of failures many forms of...
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...Shortly after this occurred, two situations would occur that would affect Magid’s career negatively. First, Elvis Dumervil would inform Magid that he no longer required his services as an agent. Second, Magid would receive notice from the players association that he was suspended and fined because of the situation with Dumervil. At the time, the Broncos has been short on salary cap space and were asking Dumervil to restructure his contract to make $8 million per year instead of the $12 million per year he was scheduled to earn. The backstory behind the Broncos cap situation was that “Denver ended up with a 2013 cap spend of $120.9 million, leaving...
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...gained wide acceptance and has been used by healthcare industry, emergency services organizations, aviation industry, and safety industry since it was developed. It is also known as cumulative act effect. According to a survey, in most of the cases, there can be four levels of failure for an accident: unsafe supervision, unsafe act of themselves, organizational influence, and preconditions for unsafe acts. James T. Reason, in his Swiss Cheese Model developed defenses of organization against the failure and represented barriers as slices of Swiss cheese. And individual weaknesses are shown by the holes in the slices as part of the system, and all holes are different in position and sizes in those slices. The failure of the system occurs when holes in slices simultaneously align in aggregate, giving permission, as James Reason's said “a trajectory of accident opportunity", so that in all the defenses, jeopardy passes through all holes, which causes failure. Discussion The theory of James T. Reason involves mathematical analysis and is complicated and also involves underlying and active failures. Swiss cheese model applies here in the way that I can do to prevent the Swiss cheese presenting on training floor. It means as a healthcare administrator I have to prevent...
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... Ontario, began to receive calls from angry customers across Canada who were upset because the chemicals they were receiving were frozen rock-solid. The reason: nobody in the company knew enough about the retiree’s job to make sure that the chemicals were properly transported during the winter. A minor oversight? Not quite. It cost the company $1.5 million. Other incidents at GM have also been reported. For example, 400 perfectly good carburetors were accidently destroyed at a cost of $300,000 because the worker who kept them off the scrap list retired. It has also been reported that a $250,000 car prototype was crushd into scrap metal because the employee who was responsible for it was transferred. Incidents like these are known to occur at other companies. (Source: Livesey, B (1997, November). Glitch doctor. Report on Business Magazine, pp.96-102. Reprinted with permission of Bruce Livesey. Questions 1. Why do you think this is an important story to tell company executives and managers? What is the main point of the story? This important story highlights the need for a comprehensive training and development...
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...Dirty Dozen Twelve of the most common human factors that are related to aircraft accidents or incidents are called the Dirty Dozen. These factors have been identified to affect people and make them to make the poor decisions. The concept of the Dirty Dozen was created in 1993 by Gordon Dupont, he was working for Transport Canada during this time, while he was creating a training program on human factors in aviation. It is now recognized as the foundation of the aviation industries human factor in aviation maintenance. (Adams, 2009) Lack of communication This is one of the more important parts of the Dirty Dozen. Communications are a two way street that has to do with the person who is giving the communications to the person receiving the communications. During verbal instruction it is common the as little as 30% of a message is received. It is safe practice to keep important messages written down so there is not a lack of communications. Some maintenance outfits use log books so that other shifts can refer back to what was done and by who. Verbal messages need to be relatively short with key things being emphasized on. As a person that is getting instructions it is very important no to assume anything and to have things clarified. (Adams, 2009) Distraction Distractions are anything that can take the attention of a person during a task. There are distraction during work that cannot be removed and heave to be worked with. Noises are a key...
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...Matrix |Type of Insurance |Functions |Example of Company |Coverage Characteristics | |Auto |This kind of insurance defends the car against |AAA, State Farm, Geico, Farm Bureau Insurance. |This assists to pay for the damages to a person’s own | | |responsibility and property dangers. | |car and others. This also insures personal injuries | | | | |happened in a car mishap. It additionally reduces the | | | | |responsibility for asset dangers. | |Home |This kind of insurance coverage defends against |AAA, State Farm, Liberty Mutual |Assists to protect or decrease the sum of damage from | | |responsibility as well as property dangers of a house.| |things like fire, and criminal damage. This might also| | | | ...
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...your car against responsibility and property dangers. AAA, State Farm, Geico, Farm Bureau Insurance. This assists you to pay for the damages to a person’s own car and others. This also insures personal injuries that happened in a car mishap. It additionally reduces the responsibility for asset dangers. Home This kind of insurance coverage defends against responsibility as well as property dangers of a home. AAA, State Farm, Liberty Mutual. Assists to protect or decrease the sum of damage from things like fire, and criminal damage. This might also decrease the sum up front. Health A typical health insurance plan provides four primary functions: provisions for routine care, emergency medical assistance, chronic condition treatment and pharmaceutical care Kaiser, Humana, Blue Cross Blue Shield Health insurance covers the cost of medical or hospitalization care as a result of an illness or injury that occurs or is manifested while the policy is in force. Like other kinds of insurance, the benefits are payable in return for the insured paying a premium. Disability Disability insurance protects against the loss of income due to disability. Colonial Life, AIG, Liberty Mutual It provides a source of replacement income, for a stated period of time, when the insured is unable to work because of an illness or an accident if that illness or accident is not excluded from the scope of coverage. Life In business, it plays a major role in strategic planning for future operations. Families...
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...Negligence Latasha Adegboruwa University of Phoenix Health Law and ethics HCS/478 Lynda White April 18, 2011 Negligence “Registered nurses have more professional accountability than at any other time in the history of nursing. As a result, nurses must confront the fact that they now owe a higher duty of care to their patients, and by extension, are more exposed to civil claims for negligence than ever before”(Weld and Bibb, 2009, p 2). “Negligence is described as failure to use such care as a reasonable prudent and careful person would use under similar circumstances” (Weld and Bibb, 2009, p3). Common examples of negligence are malnutrition, inadequate hydration, physical injury was done, and it was the result of the nurse’s care or lack thereof. There are five main elements in a nursing negligence case and all five elements have to be proven for a case to be valid 1. The nurse had a duty to perform. 2. The appropriate care was not apparent in the situation. 3. There was a breach of violation of care 3. There was injury proven to result from the nurse’s negligence and 5. There is proof that damages occurred as a direct result of the situation. (Avery, 2009). Gross negligence is a more serious form of negligence and goes further than carelessness. While regular negligence is seen as a person falling below the standard of care, gross negligence is seen as complete failure to show care and in fact implies recklessness or a willful disregard for the safety...
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