Abstract This paper explains that, in England, the principle of 'duty of care' is an essential ingredient in torts and imposes liability on persons who breach the same in a contract under the tort law. The author points out that 'duty of care' stands as one of the most basic foundations of this law and is unavoidable. The paper then elaborates and throws light on what exactly the principle means and holds, and enumerates various instances where a standard degree of duty or care is expected to be adhered to.
Table of Contents:
Introduction
Hypothesis
General Instances of Duty and Care Duty of Care and Product Liability
Changing Perspective with regard to Product Liability
Conclusion
From the Paper "Suppliers of goods, both retailers and wholesalers have been held accountable when their function exceeded the purview of mere distribution. For example, a car dealer selling vehicles reconditioned by him (Herschtal vs. Stewart and Ardern Ltd. [1940 1 KB 155]), a retail chemist (Kubach vs. Hollands [1937] 3 All ER 907) who failed to examine the manufacturer's directives to test the product before labeling it, were both found to be liable to injured customers. The term 'products' would include not only food and drink, but any product which is used for domestic purposes."
Abstract This paper is an historical analysis, tracing the progress of the concept of the duty of care, and analysing how its function has changed from pre-1932 ["Donoghue v Stevenson"], to present. It provides an insightful discussion into the relationship between the duty of care and the rule of privity of contract and also discusses how the courts use this concept to secure results which they think are circumstance.
From the Paper "And so, post Anns v Murphy, we see the Courts becoming more open about the application of policy in determining the presence of a Duty of Care*; In Hill, no duty was held to exist primarily because of the public policy consideration in relation to defensive policing [although there was also the issue of remoteness]. In CAPARO INDUSTRIES PLC v DICKMAN [1990], this general overtness was manifested by a test that to impose a duty would be 'fair, just and reasonable' in the circumstances. In MARK RICH & CO AG v BISHOP ROCK MARINE LTD, 'THE NICHOLAS H' [1995], the House of Lords, in finding that a marine survey society should not owe a duty of care to a shipowner, upheld a unanimous Court of Appeal decision that the tripartite test for establishing a duty of care promulgated in CAPARO was now to be of universal application."
Abstract This paper examines the case of the manager of ABC Apartments misusing the key to one of their apartments by raping a tenant after using a spare key to enter her apartment. The paper describes the facts of the case and looks at landlord-tenant liability and duty of care. The paper then examines causation and the basis of ABC Apartment's liability in the case.
Table of Contents:
Facts
Duty of Care Causation
Identifying the Basis of ABC Apartment's Liability
From the Paper "Ordinarily, vicarious liability of employers is predicated on the common law principle of respondeat superior, pursuant to which employers are responsible for harms caused by their employees by virtue of the employer's failure to properly supervise or train them (Halbert & Ingulli 2000). In addition, many states have established precedents imposing an affirmative duty on the part of employers to safeguard their employees, tenants, and the general public from criminal conduct perpetrated by their employees. Minnesota, in particular, has dealt with the same factual circumstances raised by the ABC Apartment case; California and several other states have specific statutes defining additional liability for negligence in hiring and in the retention of employees who are unfit or otherwise unsuitable for their positions. (Feliu & Johnson 2002)."
Abstract The laws governing duty of care on school and university grounds are numerous and this paper touches on a partial listing of the subject in relation to culpability of universities in tortuous suits. It examines how the administrator of a university campus must be clear and concise in knowing and translating the information to the employees under the administrators supervision as well as to the students via the student handbook if tortious lawsuits due to wrongful action or neglect are to be avoided on the school grounds or university campus.
Outline
Objective
Introduction
Background of Violence and Crimes on University and School Campuses
Youth Violence: Implications for Schools - Universities
Review of Statistical Data
Student's Responsibilities in School Safety
School-Teacher-Staff-Management Responsibilities in School Safety
Miscellaneous
Title IX and Athletes
Injuries in School-College, Specifically in Laboratories
Negligence
The Occupational Safety and Health Administration
Federal Trade Commission Regulations
Summary and Conclusion
From the Paper "The event that compelled college universities to maintain security on campuses was the Kent State University event on April 20, 1970, when students gathered for a protest resulted in the ROTC building being burned to the ground. The fire department arrived and the students took the fire hoses forcefully from the firemen. By noon the National Guard ordered the students to break up the gathering and the students responded by throwing objects at the guard. A guardsman, believing he had heard sniper fire began shooting his M1 .30-06 into the group and other guardsmen began firing as well. The country was thrown into a hot outrage over the student's deaths. "
Abstract This paper explains that, in most areas of law, standards of conduct and standards of review tend to be confused with each other: A standard of conduct enunciates the way in which an actor should play a role, act in his position or even conduct his functions; whereas a standard of review states the test that a court should apply when it reviews an actor's conduct so as to determine whether to impose liability, grant injunctive relief or determine the validity of his actions. The author points out that historically, the two major areas of American corporate law that involved standards of conduct and review have been the duty of care and the duty of loyalty. The paper relates that a typical corporation statute in American or Australia defining a corporate director's duty of care provides that a director's duties must be performed with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances.
Table of Contents
Standard of Conduct and Standard of Review in Corporate Law
The Duty of Care in American and Australian Corporations
From the Paper "In the landmark case of Smith v. Van Gorkom, 488 A.2d 858 (Del. 1985), the the Delaware Supreme Court decided that directors who approved a merger transaction were simply not entitled to the presumptions of the business judgment rule where they spent a very negligible time considering the transaction, had no meaningful financial advice or analysis in doing so, completely allowed the negotiation process to be controlled by one of the company's executives, and did not even have the merger agreement before them when they approved it. Under these extenuating circumstances, the Supreme Court concluded that the directors breached their duty of care and could be held personally liable for the breach."
Abstract The purpose of this paper is to examine the approaches, used by courts, of the concepts of neighbor, proximity, and foresee ability, as used in the determination of duty of care. It identifies the case origins from the United Kingdom and examines the influences that these decisions have had on the interpretation of duty of care in Australia.
From the Paper "Over time, courts came to realise that the "neighbour test" was being interpreted particularly broadly in terms to proximity and reasonable foreseeability. Lord Reid in 1970, pointed out in Dorset Yacht co. v. Home Office that the neighbour test ?had long been recognised as not intended to afford a comprehensive definition, to the effect that every situation which is capable of falling within the terms of the utterance and which results in loss automatically affords a remedy in damages.? (Walton et al 2001, p21)."
Abstract This paper examines the issues of causation and remoteness in a tort of negligence claim. It provides a case study of a man who offers to fly a group to Disneyland in a private jet and breaches his duty of care when he drinks some alcohol in an effort to calm his nerves. The paper discusses the details of the case from a legal perspective and discusses the issues that arise.
From the Paper "As it is unclear whether her arm could have been saved had Rachel been sent to see the consultant earlier we cannot apply the "but for" test. The delay in treatment may have reduced Rachel's chance of a full recovery; however, for such an argument to succeed it needs to be proved on the balance of probabilities to at least 51%. If a loss chance was recognised by Abby's failure to recognise the injury in time to treat it, then Abby would be liable. In the case of Hotson v East Berkshire Area Health Authority it was discovered that if the 13 year old boy who fell from a tree, was correctly diagnosed sooner he would have had a 25% of making a full recovery, but the delay in treatment meant that he lost this 25% chance and suffered avascular necrosis. However, it was held in the House of Lords that this 25% loss of chance does not prove the case to the necessary balance of probabilities that a civil action must be found. The Court of Appeal's 'quantification' of damages was wrong, as the obstacle of causation had not been overcome. In this scenario therefore, for Abby to be considered liable, it would need to be proved that had Rachel's injury been discovered sooner she would have had a 51% chance or more of making a full recovery."
Abstract This paper reviews a professional experience in which this writer was witness to an instance of poor patient care by a nursing care facility. The paper briefly outlines the sequence of events and describes the concerns of senior facility staff. Two separate incidents involving the same dereliction of professional duty were discovered. From there, the paper discusses the broader issues which this incident revealed and cites from outside sources to provide an illustration of just how serious health care problems can become if they are not addressed expeditiously.
From the Paper "As the North American population ages, concerns about the nursing care that elderly patients receive have become more pressing in recent years. The following paper explores a professional experience this writer had while assisting a nursing care institution three years ago. In the process of describing this incident, time will be taken to outline how this occurrence relates to the broader issue of quality care in America. As should soon become evident, while the American health care system has many things about which it can be duly proud, it also has many shortcomings which must be resolved as soon as possible. With that in mind, it is to a discussion of an important issue - health care in America - that this paper now turns."
Abstract This paper discusses the important duties of a school principal. The paper explains that the expanding number of duties principals must deal with include managerial and administrative tasks, hiring and retaining teachers, ensuring overall safety of schools, raising funds and ensuring state requirements are met.
From the Paper "One of the primary challenges confronted by school principals is the ever-expanding number of duties that require a tremendous investment of time and effort. Apart from dealing with managerial and administrative tasks, school principals, in recent years, are also being trained to take on the position of instructional leaders.
Abstract This philosophical study analyzes two of Kant's categorical imperatives, which define why they cannot justify the War in Iraq. The writer maintains that in Kant's third imperative or "action" on moral duty, the primary function of long-term warfare for the safety of American citizens cannot justify why America led a preemptive war against a sovereign nation. Also, the writer notes that the 'selfless' nature of Kant's fourth imperative defines a higher loyalty above materialism and personal gain, which was falsely engineered for the invasion through the guise of supporting global democracy and national security in the aftermath of the invasion. The writer concludes that, in essence, Kant's third and fourth moral imperatives define the action and sense of duty that simply cannot justify the War in Iraq and its highly immoral implications for American foreign policy.
From the Paper "This aspect of the boundaries of duty and inclination are much more difficult to discern, as they are separate but not without the greater appearance of duty making the merchant look far more honest on the exterior. Kant was aware of these types of motivations of a person in relation to using reason to discern personal desire, which would eventually result in the merchant making a great deal of personal wealth out of a behavior that appeared socially honest and moral. The crucial blend of a selfish personal interest and the veneer of national security helped to promote a war that was false and immoral along Kant's own categorization of duty. Kant would ultimately agree with this principle, due to the exterior factors that made it appear as if Hussein was developing these weapons. In this manner, Kant would find this 'action' immoral due to the more selfish reasons for invading a sovereign country unilaterally under the pretense of national security."
Abstract This paper describes and discusses the concept of self care in the health sector. It provides a history of self care in nursing practice and discusses its importance. The paper then discusses the importance of knowledge and education for self care and looks at the process of gaining information. The paper also looks at barriers to self care. Finally, the paper presents a case study that discusses the issues relating to self care and the role of the nurse.
Table of Contents:
Introduction to the Concept of Self Care Definition
Description
History of Self Care Self Care in Nursing Practice
Self Care in Education
Self Care in Research
Self Care in the Future
The Importance of Self Care Philosophical and Theoretical Application of Self Care Self Care Deficit Theory of Nursing
Self Care and the Nurse-Patient Relationship
Barriers to Self Care Case Example
From the Paper "The role of the nurse in this situation would be to design a plan for self care which addresses the current self care deficits. For example in this situation, the plan may include education from a specialist into ways in which Claudia can more effectively self manage her diabetes and rheumatoid arthritis. This may contribute significantly to reducing the self care deficit and may allow Claudia to fully participate in self care individually. However this may not fully address the deficit, so the involvement of Claudia's family may also be included in the plan. This may involve providing education to the family with regards to helping Claudia in monitoring her diabetes, or may involve discussion about actions which could be taken by Claudia's family to extend their participation in self care. In this instance, Claudia requires only a supportive educative agency, although the situation would need to be monitored as the requirement may change in the future to a partly or wholly compensatory nursing system should the self care deficit increase for any reason (Kumar, 2007)."
Tags: health care provider, functioning responsibility
Abstract This paper, based in sociological and social psychology concepts, identifies the causal factors for the gap between lower-income Americans and members of visible minorities in the United States and more affluent Americans and members of the majority segment of the population with respect to health care access. The author concludes, after an extensive review of the literature, that a universal system of health care entitlement is required in the United States. The author suggests that an extensive education is required for low-income persons and members of visible minorities to know the benefits and function of health care services, and health care providers require education in the social mores of the diverse populations they must serve.
Table of Contents
Problem Delineation
Background on the Problem
Statement of the Problem
Research Questions
Review of Relevant Social Psychology Theory and Literature
Introduction
Sociological Theory and Health Care The Welfare State
Accessing Contemporary Health Care Role of Ethics in Accessing Health Care Alternative Health Care Delivery Systems
Chapter Conclusions
Social Functioning of Low-Income and Visible Minority Population Groups
Introduction
HIV/AIDS Related Behavior
Initiatives to Improve Health Care Access and Behaviors
The American Health Care System and The Health Care Experiences of Low-Income and Visible Minority Population Groups
Introduction
The American Health Care System
Delivery of Health Care to the Poor
Care Quality
Alternative Approaches to Delivery
Bioethical Issues
Problems of Accessibility
Initiatives to Improve Access
Chapter Conclusions
Assessment of the Problem
Discussion
Recommendations for Further Research
Annotated Bibliography
From the Paper "One of the major impediments to the attainment of universal access to healthcare in the United States is the functioning of for-profit Health Maintenance Organizations (HMOs) and managed care organizations (MCOs). These organizations are investor-owned organizations that are in business to make a profit on healthcare delivery. Non-for-profit healthcare organizations also must earn a profit on their operations in order to be able to compensate and train staff, acquire new technology, and generally improve the quality of their services. Unlike investor-owned healthcare companies, however, non-for-profit organizations are not driven by share prices and the bottom-line mentality of for-profit companies. Thus, patient-centered care in not-for-profit healthcare organizations may be contrasted with the investor orientation of the for-profit healthcare companies. Recent decisions by for-profit healthcare companies to drop their Medicare healthcare groups because of substandard profit growth illustrates as no amount of rhetoric can the precedent of investor concerns over patient concerns in the for-profit healthcare companies."
Abstract This paper examines the American health care system and suggests methods of creating universal access to health care. The paper explains that health care should be considered a right for all citizens; a constitutional amendment would make this proposition mandatory. The paper points out that, at its root, the lack of health care for all in America is fundamentally a moral issue. The paper suggests that the United States follow its industrialized, wealthy counterparts and demand universal health care. It explains that the desire for universal health care is apparent and cites examples of states which are implementing a near-universal health care system. The writer proposes that the U.S. pass the United States National Health Insurance Act, or the Expanded and Improved Medicare for All Act. The writer further explains that this act establishes the United States National Health Insurance (USNHI) Program to provide all individuals residing in the United States and in U.S. territories with free health care, including all medically necessary care, such as primary care and prevention, prescription drugs, emergency care, and mental health services.
Outline:
Universal Healthcare in Other Countries
United States National Health Insurance Act
The Uninsured: College Students
Children's Health Care Preventative Health Care Eliminating Disparities
Conclusion
From the Paper "More health care clinics geared toward minority populations could also be beneficial; citizens would feel more comfortable in settings that recognize their specific needs. Cultural and linguistic competence is mandatory. More classes in medical school concerning minority health care issues should be implemented. More minority members should be in the health care system. This would increase patient participation in care processes, ensuring grater satisfaction and adherence to treatment. The regulations in the system should be transparent and open to the public. A department in the government should be primarily focused on minority health care. The heath care system should be as diverse as our country."
Tags: primary, care, prescription, drugs, emergency, care, mental, health, services
Abstract This paper analyzes the Jean Watson theory of human caring, used in the nursing curriculum. The paper explains that, according to Watson, the theory of human caring is a focus for the future of nursing practice and provides the standards that should guide nurses in every aspect of their role in the health care field. The paper looks at how, as time has evolved, the issues with which nurses have been confronted have caused a shift in the approach to nursing that is based on quality care. The paper then points out that, although Watson is specific as to the realm of caring that can be applied to nursing and the delivery of service to the patient, it is evident that Watson intended for the caring perspective to be apparent in every facet of nursing and used to understand all issues that affected the individual's health and well being. In conclusion, the paper shows that the theory of human caring should be a vital instrument for all nursing professionals and students, serving nursing through a foundation for care that returns the profession to a focus specifically on the patient and quality care.
Outline:
Define Theory of Human Caring.
Analyze the Jean Watson Theory of Human Caring.
Use of Jean Watson Theory of Human Caring Use in Guiding All Nursing Programs.
Applicability of Jean Watson Theory of Human Caring to Undergraduate Level Nursing Practice.
Applicability of Jean Watson Theory of Human Caring to Graduate Level Nursing Practice.
Conclusion
From the Paper "To care for the complete human means to care for each element of the individual's life that is either positively or negatively impacting him or her. Treating the illness without considering the psychological issues that may be evident will slow recovery time and may hinder the effectiveness of the treatment. Recommending treatments that are not feasible in the life of an impoverished individual or that the person cannot be transported to, will prevent the complete recovery of the person. And advocating surgery for a patient that elects only to utilize Chinese Traditional Medicine for the health care needs, prevents the patient from receiving care that is applicable to the individual's life."
Tags: health, care, needs, patient, surgery, medicine
Abstract This paper compares and contrasts continuity of care and continuum of care and shows how each one may impact a patient's care. It gives descriptions of the different facets of continuity of care and continuum of care and how each is important to quality patient care.
From the Paper "Continuity of care is defined as the continuation of care of a patient over time by multiple health care providers ..."
Tags: continuum of care, continuity of care, patient
