| Papers [1-15] of 100 :: [Page 1 of 7] | | Go to page : 1 2 3 4 5 6 7 —> | Search results on "DUTY CARE TORTIOUS LITIGATION": |
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Duty of Care in Tortious Litigation, 2005.
An examination of an American university's "duty of care" in tortious litigation including information about students' personal accountability.
3,204 words (approx. 12.8 pages), 13 sources, APA, $ 92.95
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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. "
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The Principle of 'Duty of Care', 2008.
Analyzes the principle of 'duty of care' through various English case laws.
4,875 words (approx. 19.5 pages), 41 sources, MLA, $ 124.95
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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."
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Prison Litigation Reform Act, 2005.
This paper discusses the Prison Litigation Reform Act, passed in 1996, which has dramatically changed the way litigation by inmates is allowed to proceed.
1,915 words (approx. 7.7 pages), 13 sources, MLA, $ 61.95
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Abstract
This paper explains that the intention of the Prison Litigation Reform Act (PLRA) was to limit the number of frivolous lawsuits that could be filed by prisoners in federal courts; however, the constitutionality of this law has been strongly debated. The author points out that a primary provision of PLRA is the exhaustion requirement, which fundamentally was designed to give prison officials time and opportunity to address any grievances that could be brought by prisoners before a federal court, even if those internal systems are slow and ineffective and may subject the prisoner to possible retaliation by prison staff. The paper relates that the PLRA places a cap on attorney fees and restricts the number of billable hours; thus, since they will have difficulty obtaining compensation for their work, attorneys are discouraged from representing prisoners even if they have a strong case.
From the Paper
"When the administrative grievance process is followed in the manner prescribed in the PLRA, that process is able to fully identify details of the prisoner's case and determine its merits before it reaches a federal court. Once in court, there is a much greater likelihood that the case would be more well defined and presented in a concise manner. The court would then be able to focus solely on issues at hand instead of being forced to spend time attempting to interpret a potentially muddled argument. Under these circumstances, it would appear that federal courts would have more time available to address legitimate cases brought under the PLRA."
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Medical Litigation, 2002.
This paper explores the different causes and results of medical litigation.
13,052 words (approx. 52.2 pages), 54 sources, MLA, $ 248.95
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Abstract
When most people think of litigation involving medicine, the assumption is that medical malpractice is involved. This paper researches the types of cases in which malpractice is the cause of the litigation as well as other sources of litigation in the field of medicine, such as the failure of third party payers to compensate health care providers or to compensate providers in a timely manner.
Table of Contents:
Statement of the Problem
Research Questions
Significance of the Study
Overview of the Study
Review of Literature
Clinical Ethics
Responsibilities of Patients Related to the Use of Medical Practice Guidelines
Conclusions Related to the Research Problem Investigated
Methodology
Method Summary
From the Paper
"Managed care is a program type that proponents claim ensures appropriate care for a wide range of medical treatments through the application of techniques such as pre-admission certification, concurrent review, case management, utilization rules, and price limits (Gales, 1996). Opponents contend that managed care is a deceitful sham designed to maximize profits and minimize care (Merwin & Fox, 1992). The truth about managed care likely lies at some point along this continuum of opinion. The intent of the application of the managed care concept is to balance access to services, service quality, and the cost of services in relation to health care in the United States (Goldfield, 1994)."
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The Legal and Civil Litigation Process for Discrimination, 2007.
An analysis of the legal and civil litigation process for discrimination complaints.
1,094 words (approx. 4.4 pages), 2 sources, MLA, $ 38.95
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Abstract
This paper explains the discrimination complaint and civil litigation process. The paper furthermore details how the complaint begins with the Equal Employment Opportunity Commission (EEOC) and proceeds through the civil litigation process from the state level up to the United States Supreme Court. The paper details and discusses each level of complaint.
Table of Contents:
Abstract
The Discrimination Complaint
Progression of Employment Discrimination Complaints
The Civil Litigation Process
Conclusion
From the Paper
"The single most important U.S. legislation affecting employment law is Title VII of the Civil Rights Act of 1964 (Bennett-Alexander et al, 2003 p.1). The Equal Employment Opportunity Commission (EEOC) is the lead government agency for processing complaints associated with employment discrimination. This paper describes the process for filing a discrimination complaint and the civil litigation process."
"Under Title VII, an employer can not discriminate on the basis of religion, gender, race, color or national origin. Discrimination, as described in Title VII prohibits employers, labor and management committees and unions from discriminatory practices affecting the hiring, firing, discipline, training, classification, compensation and benefits of individuals."
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Duty and Self, 2006.
This paper examines the psychology of self and duty in "A Doll's House" by Henrik Ibsen.
900 words (approx. 3.6 pages), 4 sources, $ 35.95
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Abstract
The paper analyzes the psychological dictates of self and duty in the Victorian patriarchal household of "A Doll's House" by Henrik Ibsen. The paper discusses how one of the conflicting aspects of the play involves Nora questioning her duty to her husband, Torvald, but it is the feminist duty to self that truly forces her to leave. The paper explains that the Freudian aspects of penis envy in relation to her unconscious rebellion, relate her identity as a housewife.
From the Paper
"This drama analysis will examine the nature of psychology and the self in regards to Nora's departure from Torvald in the play "A Doll's House" by Henrik Ibsen. The paper shows the other aspects of sociological and personal reasons for Nora's departure and Nora's lack of self-identity in a Freudian psychological perspective. However, it is Nora's sense of self as a feminist that has her reject her sense of patriarchal 'duty' to her tyrannical husband. In essence, this analysis will focus on the duty to self versus duty to others conflict that arises within the psychological issues that arise within Ibsen's "A Doll's House." In regards to the feminist 'self', Nora can be seen as a social rebel to the patriarchal social norms of her times."
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Litigation and Prenatal Nursing, 2005.
An analysis of the factors leading to an increase in the trend of litigation against nurses, specifically in prenatal nursing.
1,800 words (approx. 7.2 pages), 4 sources, $ 71.95
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Abstract
This paper discusses litigation in the health care profession. Specifically, it discusses the rising trend of litigation against both doctors and nurses, with a higher rate of litigation against nurses. The paper discusses some of the possible reasons for this increase in recent years, focusing on the patient's increased awareness of their rights and improved technology.
From the Paper
"Litigation involving nurses is a significantly lower problem than lawsuits involving doctors. However, the present trend illustrates growing litigation in both professions. One reason for this is that the patient is more sophisticated with an awareness of rights. Many determinants contribute to litigation, one of the main factors being technology. In all cases of litigation, a common denominator has been identified as a poor caring relationship between nurse and patient. Negligence is the most common charge against nurses, and collaboration is often present."
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Litigation and Health Care Providers, 2002.
An exploration of the issues underlying the phenomenon of litigation involving health care providers.
18,434 words (approx. 73.7 pages), 55 sources, MLA, $ 249.95
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Abstract
This paper discusses litigation involving health care providers and how an increase in medical malpractice litigation has occurred over the past 10 years and that the principal cause of this increase was an inadequate legal structure for medical malpractice. It looks at how malpractice claims are a threat to the professional health care provider in all facets of the health care system and for a wide variety of procedures and activities. It proposes a research study to analyze these issues with a view toward recommending solutions that will lead to a reduction in the frequency of litigation while preserving the essential rights of all particles involved in such issues.
Outline
Introduction
Introductory Statement
Statement of the Problem
Research Questions
Background on the Problem
Significance of the Study
Overview of the Study
Review of Literature
Managed Care
Clinical Ethics
Medical Practice Guidelines
What Guidelines Are
Why Guidelines Are Developed
How Guidelines Are Developed
Legal Implications of Guidelines
Responsibilities of the Patient
Conclusions of the Literature Review
Methodology
Research Design
Research Questions and Hypotheses
Variables and Operational Definitions
Population and Sample
Data Collection
Data Analysis
Methodological Limitations
Method Summary
Results
Introduction
Descriptive Statistics
Results of Testing the Hypotheses
Hypothesis One
Hypothesis Two
Hypothesis Three
Hypothesis Four
Summary Conclusions and Implications
General Summary
Conclusions
Implications
Appendix
Survey Questionnaire
References
From the Paper
"Clinical guidelines and protocols were originally developed to evaluate quality of care and, more recently, to establish standards (Wells, Astrachan, Tischler, & Unutzer, 1995). In the context of managed care in the contemporary period, guidelines generally are used to allocate resources or to assure that the level of quality of care matches the cost. Guidelines may use implicit or explicit criteria, they may be based on clinical consensus and/or scientific literature, or, in some cases, they may be more arbitrary in origin. The degree of input by clinicians varies considerably across applications. Often the protocols or guidelines used in managed care are not available for review by employers or consumers, and data on the validity and reliability of the criteria cannot be obtained except for use in a research study. Increasingly, components of clinical practice guidelines are being used as the basis for managing episodes of care for specific disease conditions."
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Duty of Care, 2005.
An analysis of the case law relating to the concept of duty of care in the modern law of negligence.
1,496 words (approx. 6.0 pages), 8 sources, MLA, $ 49.95
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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."
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Morality, Happiness and Duty, 2008.
Explores issues of morality, happiness, and duty through the writings of Mahatma Gandhi, Gotthold Ephraim Lessing and Svetlana Palmer, and Sarah Wallis.
1,380 words (approx. 5.5 pages), 4 sources, MLA, $ 46.95
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Abstract
This paper examines and compares Mahatma Gandhi's work, "Hind Swaraj", Gotthold Ephraim Lessing's play, "Nathan the Wise", and Svetlana Palmer and Sara Wallis' book, "Intimate Voices from the First World War", in an effort to explore how these philosophers viewed issues of morality, happiness, and duty. After examining each of the works, the paper poses the question, "is there happiness in fulfilling ones duty?". The paper then answers that each man has to determine that for himself.
From the Paper
"Gandhi was a true believer in the laws of karma. Causation and retribution he believed linked all people together. He believed that through an action there is personal growth and moral awareness. Gandhi firmly believed that man reaps what he sows. One of his most famous quotes reflecting how man should behave is as follows: "An eye for an eye is a terrible way to blind the world." How does this relate to happiness, duty and morality? Morality is easy to see in Gandhi's ideology."
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Tobacco Litigation, 2002.
Litigation against the tobacco industry.
2,400 words (approx. 9.6 pages), 16 sources, $ 89.95
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Abstract
This paper describes the litigation cases against the tobacco industries and the psychology behind them.
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Litigation and the Health System, 2002.
This paper is an extensive literature review of the issues underlying the phenomenon of litigation involving health care providers.
11,590 words (approx. 46.4 pages), 54 sources, APA, $ 226.95
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Abstract
This paper discusses health care providers and litigation, which includes medical malpractice, failure of third party payers to compensate health care providers or to compensate providers in a timely manner and issues related to provider autonomy versus managed care directives emanating from cost conscious and bottom-line oriented managers. This paper reports that courts appear to implement an economic theory as opposed to a fault-based theory, in which liability is ascribed according to economic analyses of who is best situated to reduce the risk of accident, and which accidents are financially worth averting. The author points out that patients have a common law right to choose what care they will or will not accept.
Table of Contents
Introductory Statement
Statement of the Problem
Background on the Problem
Review of Literature
Introduction
Managed Care
Clinical Ethics
Medical Practice Guidelines
What Medical Practice Guidelines Are
Why Medical Practice Guidelines are Developed
How Medical Practice Guidelines are Developed
Legal Implications Associated With the Use of Medical Practice Guidelines
Responsibilities of Patients Related to the Use of Medical Practice Guidelines
Conclusions
From the Paper
"The role of government in financing or conducting research or developing practice guidelines also may affect the perceived legitimacy of the statements. The federal government has the power and authority to establish administrative agencies and professional panels to analyze outcomes research and issue practice standards. The federal government also could require the use of such standards in resolving disputes over patient care or payment decisions. Government could exercise this authority to ensure that research is valid and the standards accurate. In the end, of course, the quality of care standards developed will be the product of the "expertise and integrity of the people who make them, whether government sanctioned or not". "
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Homer's Honor, Duty and Pride, 2002.
A comparison of Homer's concepts of honor, duty,and pride with other classical works.
650 words (approx. 2.6 pages), 3 sources, $ 26.95
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Abstract
This paper addresses the themes of duty, pride, and honor as are found in Homer's epic poems of the Iliad, as well as their appearances in the other classic works of the period. The manifestations of Homer's themes as are found in Virgil's "Aeneid", Plato's "Crito", and Sophocle's Antigone all demonstrate that Homer had a significant influence on shaping the perceptions of thought in ancient Greece and Rome.
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The Litigation Machine, 2002.
A brief analysis of the article "The Litigation Machine" by Mike France about tort reform.
924 words (approx. 3.7 pages), 1 source, MLA, $ 32.95
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Abstract
This paper shows how by exposing some of the lesser known facts regarding tort reform, the article points out how the American legal system continues to sink into the quagmire of tort law and how reform is necessary before the situation gets completely out of hand. It explains that France begins the article with perhaps the most popular litigation cases and reveals tactics used in that case and many others that claim that tort law is completely driven by money and is in need of reform to save the economy.
From the Paper
"For starters, the article points out that a litigation packet is available for purchase in regards to any cases regarding Firestone and their infamous tread separation; that fact is enough to prove that the world of litigation has moved in a new direction. But it doesn?t stop there?the article revealed that such litigation packets are available for other companies such as Warner-Lambert Co. and Rezulin, which indicates the world of tort lawyers is a growing industry, one that may be spinning out of control at a t rapid pace."
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The Duty of Man, 2000.
A look at man's duty to society in relation to Greek philosopher Plato's "Allegory of the Cave".
1,729 words (approx. 6.9 pages), 10 sources, MLA, $ 55.95
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Abstract
This paper argues the benefits of compelling citizens to pursue professions to which they are inclined in order to better society as a whole. Using examples from history, the paper applauds the contributions of such figures as Andrew Carnegie who acted upon Plato's philosophy. Carnegie, for example, used his power, talent and wealth for the greater benefit of America. The paper explains Plato's ideas and examines how they have been put into practice in modern society. Fundamentally, the paper considers the value of individual rights as weighed against the benefit of the whole.
From the Paper
"Each person is endowed with a set of talents and values of varying degree wihich is unique to that individual. When one?s life is in the hands of another, be it a lawyer, a doctor, or even a pilot, we would hope that person possesses a certain natural apittude in that field. Given this, should we compel those individuals to work in their prospective areas of skill, knowing that perhaps thousands of lives would be saved each year, or is the preservation of the individual right more sacred?"
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