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Tort of Negligence and Patient Information, 2007.
A case study presentation discussing the issues of consent and liability in the Australian medical field.
4,357 words (approx. 17.4 pages), 14 sources, APA, $ 114.95
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Abstract
This paper discusses a shift in Australian law towards the rights of the patient as compared to medical standards or the expertise and discretion of the doctor. It focuses on how this shift has created a crisis of insurance and malpractice claims in Australia. The paper presents a hypothetical case study centered on a patient, Rhonda, advised to undergo surgery in order to investigate a possible malignancy situated near the spinal column. The paper then discusses the consent and liability issues that are associated with the case.
Table of Contents:
Introduction
Refusal versus Consent
If Consent was Given
The Hospital's Possible Liability
Defences against Rhonda's Possible Claims
Concluding Remarks
From the Paper
"An obvious weakness in the Patient's Rights approach which demands that physicians produce all possible information regarding proposed procedures or treatments towards informed patient consent rests in matters of sheer information, the ability of the patient to interpret it, and with doctors relying on the research community as a kind of de facto alibi it is not meant to be in order to reduce their personal liability. One does see the room for sometimes ludicrous results in cases of routine procedures, not to mention in dealings with patients or their guardians of kinds apt to sue opportunistically. Despite altered tort law hoped to remove the worst effects of the medical indemnity and insurance crises it seems likely that conservatism may prevail, for some years, in Australian medicine. As in the U.S. and elsewhere affected by much litigation, a typical response on the part of doctors is to recommend treatments including surgery sparingly."
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English Law: Tort Negligence, 2005.
Examines the tort negligence case of Malcolm within the framework of English law.
900 words (approx. 3.6 pages), 3 sources, $ 35.95
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Abstract
This paper is a brief review of a tort case in which a young child was injured as the result of an improperly fastened load. The paper suggests that the individual who advised the proprietor on the matter was more culpable than the actual owner of the rig - and that driver, by virtue of his actions, was also culpable for the child's injuries. The paper suggests, ultimately, that restitution for the emotional duress of some of the witnesses will be inevitable.
From the Paper
"There can be little doubt that tort negligence is a significant and complex part of the legal canon. This paper will examine tort law as it relates to the particular case of Malcolm v. Neil. More specifically, this paper will examine the culpability of Malcolm (and of Neil) and attempt to determine the extent to which both parties are responsible to Peter and to Oliver and Rachel - and the extent to which Neil is responsible to Malcolm. In the final analysis, it appears that the laws governing tort negligence allow Neil very little defense for his actions. To begin with, there is t he matter of "fore-seeability". The modern conception of foreseeability dates back to 1932 when Lord Atkin, offering his opinion in the case of Donoghue v. Stevenson held that individuals "must take reasonable care to avoid acts or omissions.""
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Comparative Negligence, 2006.
This paper discusses the topics of negligence vs. comparative negligence concerning helmet liability.
675 words (approx. 2.7 pages), 3 sources, $ 26.95
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Abstract
This paper describes issues of legal negligence ascribed to a coach based on a football player's failure to buckle his football helmet during play which resulted in an injury to the student's neck. Immunity, negligence and comparative negligence are examined in the paper. The paper finally makes a determination, along with assumptions in making the determination, that the proper defense was comparative negligence.
From the Paper
"We live in a litigious society. People who feel they have been wronged will file lawsuits against whom ever they can ascribe blame to; school coaches are no exception. While the laws governing tort liability vary per state, this paper will describe a generic football based neck injury for failure to buckle a football helmet during play and discuss the legal categories of negligence and comparative negligence as applicable to this case. The paper will conclude with a discussion on which of the two categories is more appropriate as a defense. The injury: Bobby Jones, a high school senior on the varsity football team had been playing junior high and high school football for the last 6 years. During one of the final games of the season, despite the coach's explicit directions to buckle his football helmet, Bobby failed to do so."
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Product Liability and the Law of Negligence, 2006.
A look at product liability in terms of the law of negligence and its development as a part of tort law over the past two centuries.
1,575 words (approx. 6.3 pages), 5 sources, $ 62.95
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Abstract
The evolution of product liability in terms of the law of negligence represents one of the more fascinating developments in tort law over the past two centuries. In the 21st century the issue of product liability is particularly prominent in the public consciousness with the increasing size and economic importance of the industrialized consumer economy. This essay focuses on the law of negligence with particular reference to the issue of product liability.
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Negligence Law, 2007.
A case study analysis discussing the particulars of negligence law.
1,732 words (approx. 6.9 pages), 6 sources, MLA, $ 55.95
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Abstract
This paper presents a case study discussing negligence law. It describes the particulars of the case and then lists the points that are necessary in order for someone to be found negligent. The paper describes the courses of action that can be taken by both parties and what their defenses would be. It then describes the likely outcome in this particular case.
From the Paper
"As said before, because there is a legitimate question as to Giselle's employer's fault, the liability insurance company will most likely decide that it is in their best interest to continue to defend the case. Their next move will be to file a Motion for Summary Judgment, which as the court to dismiss Monty's action do to it lacking any debatable issue of fact. Monty will have a time to respond to the Motion. After the judge receives all the moving papers, he or she will issue an opinion."
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Nursing Negligence, 2005.
This paper discusses a case study of a situation in which a nurse decides on her own to continue treating a patient, contradicting orders.
2,025 words (approx. 8.1 pages), 9 sources, $ 80.95
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Abstract
The paper reports a case study of a real situation in which a nurse decides on her own to continue treating a patient and not to call the doctor as instructed. The paper explains that this could create a difficult situation and also shows a problem with communication in this particular institution. This raises questions about the preceptor program and the lesson to students.
From the Paper
"Procedures for medical treatment are set by the doctor and the instructions are meant to be followed. Only extraordinary circumstances should intervene to cause the nurse practitioner to stray from the course set by the doctor. Short of such extraordinary circumstances, the nurse should adhere to the orders of the doctor and should consult with the doctor if a change is to be suggested. In a case such as the one under discussion, though, the nurse has decided on her own not to involve the doctor and to continue the procedure even when that situation reaches a point beyond which she was told specifically what to do,and that was to call the doctor. She is substituting her own view of the needs of the patient for those of the doctor and assuming that his admonition regarding the temperature can safely be ignored."
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Negligence of International Treaties and Amnesty Rulings, 2002.
Addresses the issue of human rights in relation to South American revolutions.
3,900 words (approx. 15.6 pages), 10 sources, $ 142.95
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Abstract
Several countries will be selected in this paper in order to present a coherent view of how South American revolutions came about, as well as how the rights of those who live within these countries are abandoned in pursuit of comparative freedom. This paper shall focus primarily on the country of Brazil, as Brazil has settled the majority of its internal conflicts. As this is the case, there is a great deal of documentation of Brazil and on the violation of human rights that occurred during the half-century of its civil war.
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Legal Issues: Torts, 2005.
This paper examines Tort law in the United Kingdom, as pertaining to a landowner and three types of individuals.
675 words (approx. 2.7 pages), 3 sources, $ 26.95
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Abstract
The paper discusses the torts of nuisance and negligence in terms of the legal responsibilities of a landowner towards three types of individuals. The paper looks at three types of individuals; neighbors, invitees and trespassers. The paper covers the tort of nuisance as well as the tort of negligence. The paper examines the Duty of care of a landlord and the legal rights of the three parties.
From the Paper
"This paper will examine legal issues arising from this fact situation that was assigned for this case study. There are three possible plaintiffs that emerge from the facts of this case. These situations are as follows: 1. John the neighbor who lives in a dwelling house next door to Ian who runs a business and uses a generator which is situated near John's property. 2. Ken the legitimate visitor to Ian's property who was injured while visiting Ian's property 3. Lionel who was trespassing on Ian's property without his knowledge or consent. Legal Issues Concerning the neighbor: John: Does John have a possible tort of Nuisance against Ian? The Law regarding the Tort of Nuisance: The court will look at the legal rights of the plaintiff and the defendant. A balancing test is usually adopted and the standard used is one of reasonableness."
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Issues of Causation and Remoteness, 2008.
A case study analysis of the tort of negligence with regards to causation and remoteness.
3,116 words (approx. 12.5 pages), 15 sources, APA, $ 90.95
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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."
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Nursing and Patient Compliance, 1995.
This paper discusses nursing and patient compliance: Nursing care ethics and objectives in theory & practice, role of patients' following orders in tuberculosis treatment, non-compiant patient profile and patient tracking.
2,925 words (approx. 11.7 pages), 31 sources, $ 103.95
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From the Paper
"The contemporary period is one in which diseases once thought conquered in this country are making strong reappearances, and during which both new diseases and diseases not previously common in this country are becoming significant concerns of health care professionals. The identification and successful treatment of the individuals afflicted by these diseases are important to both the afflicted persons, whose health is directly at risk, and to the broader society, whose health is indirectly at risk."
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Torts, 2006.
An overview of wrongful acts which cause harm or injury to a second party.
1,711 words (approx. 6.8 pages), 3 sources, MLA, $ 55.95
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Abstract
There are two types of acts that yield tort liability - negligent acts and intentional acts - and those acts yield negligence and intentional tort claims. This paper provides an overview of tort law and examines how it is dealt with in a court of law.
From the Paper
"Finally, tort law does not always involve one wrongdoer and one victim. In fact, both parties can have some liability for the harm incurred, or multiple parties can be responsible for the damages. In order to determine liability for the damages, one must explore the possibilities of contributory and comparative negligence, joint and several liability, and assumption of the risk. The laws determining liability vary by state. For example, in some jurisdictions joint tortfeasors are only individually liable only for the proportion of damages they caused, while in other jurisdictions joint tortfeasors are jointly and severably liable."
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Patient Interaction Communication, 2006.
A look at a patient interaction communication, describing various details about the communication process including the time of the communication, the setting, personal information gathered on the patient, and the questions asked of the patient.
900 words (approx. 3.6 pages), 0 sources, $ 35.95
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Abstract
This paper presents a record of patient interaction communication. The first page consists of an introduction to the paper including the purpose. The paper then describes the time and setting as well as initial interaction with the patient such as permission. Next, the paper discusses the interviewee profile such as personal information, etc. The next two pages give the actual four questions regarding physical fitness that were asked of the patient and the last page presents the conclusion which discusses whether communication techniques that were used were effective, what these techniques were, and what was learned during the interaction.
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Nurse-Patient Relationships, 2007.
An analysis of the impact the nurse-patient relationship when a nurse is a patient within the health care facility.
3,101 words (approx. 12.4 pages), 15 sources, APA, $ 90.95
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Abstract
This paper discusses the importance of the nurse-patient relationship in the care of the patient. The paper then aims to determine if there is an impact on nurses as professionals or patients regarding the nurse-patient relationship, when a nurse is a patient within the health care facility. The paper looks at the possible impact such a change in the nurse-patient dynamic might have on future health care.
Table of Contents:
Background and Significance
Purpose
Theoretical Conceptual Framework
Review of Literature
Research Question
Sample and Setting
Research Design
Measurement
Reliability and Validity
Data Analysis
Limitations of the Study
Implications for Nursing
Conclusion
From the Paper
"Over the past decade professional nurses have sought to alter their work within the field in numerous ways. As many nurses begin to retire as part of the baby boomer generation it is apparent that they will require additional health care services in the decades to come. While it has been established that there is a need for nurses to focus on nurse-patient relationships in health care, there has not been research to date that explores how that relationship may be altered if the patient is a nurse. Therefore, an exploration of this issue should be accomplished to determine if there is need for new training, a shift in policies or awareness of the issue for the future of the nursing and health care community."
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Lawsuits Against Gun Manufacturers, 2000.
An evaluation of suits, in contexts of gun control and the 2nd Amendment including the role of the NRA, tort law, negligence, examples, public's views, personal vs, business responsibility and purpose of suits.
3,375 words (approx. 13.5 pages), 12 sources, $ 119.95
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From the Paper
"Executive Summary
Gun control has been a contentious issue in American politics for some time. Government regulation of guns has long affected the gun industry and has raised issues of how government action can add to costs without assuring greater safety. Recently, several cities have undertaken a new approach by suing gun manufacturers for the way their product is used, extending the idea of product liability in the same way earlier litigation did with the tobacco industry. The cities want the manufacturers to reimburse them for health care costs associated with shootings. This has generated considerable controversy. Those opposed to gun regulations are of course against this sort of litigation, but even many supporters of gun control find that this is the wrong method for achieving their ends and that such..."
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Nurse-to-Patient Ratios, 2007.
An analysis of how nurse-to-patient ratios affect patient and nurse safety.
1,962 words (approx. 7.8 pages), 19 sources, MLA, $ 62.95
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Abstract
This paper discusses the importance of the nurse-to-patient ratio in the care of patients, particularly those in acute care. It discusses the effects of cutbacks in nursing staff numbers to patient safety and how this can be improved by the nursing staff and skill mix. The paper then discusses nurses' safety and positive legislation in California regarding this issue. The paper concludes by briefly discussing individual nurse's roles in ensuring patient and nurse safety.
Table of Contents:
Abstract
Introduction
Patient Safety
Nurse Staffing / Skill Mix
Nurse safety / Job Dissatisfaction
Legislation
Professionalism And My Role
Nurse-To-Patient Ratios: How I See Myself In This Role Now And In The Future
Conclusion
From the Paper
"Determining nurse-to-patient ratios is an arduous task with no single or definite solution. Too many variables exist to develop definitive guidelines to cover every possible situation in an acute care facility. The mix of RNs and LPNs, including individual experience levels of each staff member and training in specialized areas, is a relevant factor to determine appropriate staff. (Currie, Harvey,West, Mckenna, and Keeney, 2005). Needs of patients vary greatly from individual to individual. Many factors determine the acuity of the patient and, therefore, may alter the amount of attention required by a patient. No single ratio solves all problems. Many states have tried passing legislation to mandate ratios, and, all but California, have been unsuccessful. More research is needed to effectively resolve this issue."
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