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
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This case involved a citizen’s suit against a large dairy farm called Northfield Farm. The owner of the farm is being sued by NICE - Neighbors Invested in a Clean Environment for public and private nuisance as well as trespassing. Since this was a civil lawsuit the burden of proof was on NICE the plaintiff. As explained in the simulation old fashion dairy farms spread manure with spreaders and then send cows out to pasture, but Northfield Farm uses storage lagoons, and liquid manure to fertilize
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first examine what “scope of employment” involves. The term “scope of employment” refers to an employee actively performing an employment task at a particular time for the benefit of the employer that does not involve the employee’s personal business (Hill, 2011). An employee’s scope of employment usually become relevant when there is an accident on the job or when someone wants to hold an employer liable for the actions of an employee. The scenario in the video involved the employee
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Coughlin V Tailhook LAW/531 COUGHLIN v TAILHOOK 112 F.3d 1052 (1997) United States Court of Appeals, Ninth Circuit Facts: During a convention at the Las Vegas Hilton in September 1991, Navy Lieutenant Paula Coughlin was attacked by a group of men in a hotel hallway. The resulting post-traumatic stress disorder and other problems related to the attack eventually hampered her ability to perform her duties. Ultimately, she resigned from the US Navy. Coughlin brought action against the Hilton
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A complaint may be dismissed on motion if clearly without any merit; and this want of merit may consist in an absence of law to support a claim of the sort made, or a fact sufficient to make a good claim, or in the disclosure of some fact which will necessarily defeat the claim, but a complaint should not be dismissed for insufficiency unless it appears to a certainty that plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim. Despite the
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"Employment Law." Please respond to the following: * Analyze Garcetti v. Ceballos, to determine whether or not the Pickering balancing test is applicable to this case and state why or why not. In the case of Garcetti v. Ceballos, the issue is, “whether job-related speech of public employees should have First Amendment protection” (AAUP, 2014). Richard Ceballos, an employee at the LA County district attorney’s office, suspected that a deputy sheriff included false statements in a search
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DUTY OF CARE Established Categories 1. Manufacturers/Consumers* Donoghue v Stevenson [1932] AC 562. Grant v AKM [1936] AC 85 nb Leading Australian decision; line of manufacturer cases since. ~ Dr gets dermatitis after wearing soiled long johns (underwear). ~ Sues both retailer (under SOGA legislation) and Manufacturer in negligence. ~ D (manuf) un able to distinguish Donoghue 2. Suppliers of dangerous goods Eg: McCabe v BAT Aust (2002) and BAT Aust
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that both actions are possible. An action in tort is thus not excluded in the case of liability of the hotel keeper. Similar judgements in other spheres , such as in the relationship between an employee and an employer show that also, both cases are applicable , both contract and tort. Many times the court will have to look at the writ of summons. If there is an issue of prescription the would have to see whether one had filed an action based on tort or on contract. Thus: in the case of liability
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ESSAY 2 The issues to be identified in this case are whether or not the use of the photo of John Travolta described in the magazine is considered a parody, whether or not this photo in question violates the libel defamation and/or copyright laws for use of Travolta’s image, and finally, whether or not Rolling Stones Magazine is protected under their First Amendment rights. The rules of law the court will use to decide this case are listed below. Parody: is defined as a literary or musical work
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Understanding Work related Injuries Vanessa Cleggs HCR/230 11/17/2013 Myrnell Martin Understanding Work related Injuries In the United States workers who become injured while at work was not able to receive any compensation for their loss of wages or help with medical bills. For a worker to receive any kind of assistance or reimbursement the worker would have to peruse legal action against their employer which could take many years they would also have to prove that the employer was negligent
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