Balancing the Rights of Patients and Medical Professionals - Free Essay Example

Sample details Pages: 5 Words: 1641 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Medical Essay Did you like this example? Running Head: Balancing the Rights of Patients and Medical Professionals In the medical field, law and ethics play a vital role in the relationship between patients and medical professionals. Violation of these laws results in liability of the offender. Ethics considers the best interest of an individual and society. Don’t waste time! Our writers will create an original "Balancing the Rights of Patients and Medical Professionals" essay for you Create order It establishes and maintains a nature of obligations and duties. Biomedical ethics plays a significant role in guiding medical personnel on how to treat their patients. Medical [G1]professionals offer a critical service to the public and, as a result[G2], it is required of them to maintain certain principles and establish grounds for their own protection. The practice of ghost surgery goes against the ethical principles of the medical profession and, [G3]therefore, carries[G4] ethical and legal consequences. Ghost surgery occurs whenever the contracted medical doctor is not the one who carried out the actual surgery. Patients are usually unaware of the substitution due to being in an unconscious state. Medical institutions use this practice as a method of training medical students. This is done without the patientà ¢Ã¢â€š ¬Ã¢â€ž ¢s consent. The legal doctrine of informed consent stems from fundamental principles regarding individual autonomy and the fiduciary doctor-patient relat ionship (Kocher, 2002). It may also be used as protection for medical professionals. The practice of ghost surgery has raised great concerns to the public, and also in the legal and medical sector as to who is to be held liable for mishaps due to this practice. Key features of biomedical ethics are beneficence, non-maleficence, patient autonomy, justice, and veracity. Beneficence [G5]conveys the idea that healthcare professionals have a duty to act in regard to the benefits of patients. Non-maleficence questions the possible harm to the patient. In making decisions, the benefit to the patient should outweigh the harm. Patient autonomy is also important. Patients have the right to make their own decisions in respect to treatment and to have their confidentiality protected. Biomedical ethics establishes [G6]accepted standards of which medical professionals should uphold. Professional negligence of a medical professional committed whether by oversight or an act may result in unfortu nate outcomes such as injury or death of the patient. Such negligence is termed as medical malpractice and is usually due to failure to uphold these standards. Some of the most common and difficult ethical issues to navigate arise when the patientà ¢Ã¢â€š ¬Ã¢â€ž ¢s autonomous decision conflicts with the physicianà ¢Ã¢â€š ¬Ã¢â€ž ¢s beneficent duty to look out for the patientà ¢Ã¢â€š ¬Ã¢â€ž ¢s best interests (Pantilat, 2008). Legal cases such as Tunkl V. Regents of University of California and Shorter V. Drury illustrate scenarios in which some ethical issues between patient and medical professionals are contested. They illustrate examples of the conflicts that arise between patients and medical professionals. The case of Tunkl V. Regents of University of California attempted to establish grounds on which it is valid to release a charitable research hospital from being liable for future negligence. Hugo Tunkl was a patient who sued the hospital in an effort to redress the dam ages of personal injury due to the medical malpractice of two physicians employed by the hospital. Tunkl later died before the end of his case and was therefore substituted by his wife. The hospital had Tunkl sign a release stating that they are not liable for the medical malpractice of its employees. Upon signing this release, Tunkl was under sedation. The defendant stated that they are a charitable organization and was in no position to compensate any damages. The[G7] court ruled in favor of the Regents. [G8][G9] Another example of a case that challenged the ethics of phisicians and their responsibility to patients is the case between Shorter and Drury. This case was tried in the Supreme Court of Washington in 1985. This case involves a patient, Doreen Shorter who sought the medical attention of a medical practitioner Dr. Robert E. Drury. Doreen Shorter and her husband, Elmer Shorter were Jehovahà ¢Ã¢â€š ¬Ã¢â€ž ¢s Witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢ who were prohibited by her religion t o have blood transfusions. Dr. Drury examined Mrs. Shorter and discovered that she had a missed abortion. There were three possible methods of pursuing the require treatment for Mrs. Shorter. Two of these three methods would put her at a lower degree for the risk of bleeding. Without considering the principles of beneficence, non- maleficence and autonomy, Dr. Drury chose the method that placed Mrs. Shorter at a higher degree of bleeding. Upon experiencing persistent bleeding, Mrs. Shorter was adamant on not having a blood transfusion. Mrs. Shorter refused the recommendation of a blood transfusion and signed a contract that released the medical professionals from liabilities in the case mishaps. Mrs. Shorter died as a result of the medical malpractice, coupled with her religious belief. Her husband sued Dr. Drury for malpractice. The court ruled that Dr. Drury was held liable for his negligence. However, the court acknowledged that the death of Mrs. Shorter was not the sole cause of Dr. Drury. The court stated that seventy-five percent (75%) of the damages were due to the refusal of the deceased to have a blood transfusion. The plaintiff was awarded twenty-five (25%) of the verdict costs. In administering service to their patients, medical professionals should practice certain ethical principles to maintain the integrity of their profession and to assert respect and protection for the rights of their patients. Agreements or informed consent are adopted by healthcare providers as a method of protection. Informed consent doctrine has guided medical decision making by setting boundaries or the doctor-patient relationship. (Insert citation page 206 of text). It protects patients from unwanted medical treatment and the credits the medical professional written. Informed consent in the written format, along with stipulated conditions, is a good method of maintaining a [G10]balance between the rights of the patients and the needs medical community. In signin g any medical agreement, as in the case of contractual agreements, certain conditions should render the agreement valid or void. One such condition that should be considered is if the parties involved (especially the patient) are of a stable state of mind. In the case of Tunkl V. the Regents, the patient was in a fragile mental state and therefore, the agreement signed for the Conditions of Admission should not have be considered valid by the medical professionals to proceed with any medical procedure. The Regents should have ensured that the Conditions of Admission was signed when Mr.Tunkls mind was more stable rather than when he was influenced sedation.[G11] Such condition would be beneficial to the Regents given that they are in no position to offer redress to patients in the event of mishaps.[G12] The medical agreement in case of Shorter V. Drury may be considered valid as the parties involved were of a stable state of mind. The Shorters were adamant in refusing blood transf usion as treatment due to their religious beliefs. The doctors were not in any position to help save her life and as such, cannot be solely blamed for her death. The partial responsibility of her death is due[G13] to the malpractice of Dr. Drury. In this case, the judgment and ruling of the Supreme Court of Washington are understandable and may be considered fair[G14]. Dr. Druryà ¢Ã¢â€š ¬Ã¢â€ž ¢s failed to consider the harm of his choice of treatment for her initial condition of missed abortion. He failed to inform her of the other methods of treatment that would lower the severity of bleeding she would experience. As a result of this, Mrs. Shorter could not fully access her autonomy. The bioethical principles of autonomy and beneficence often pose conflicts in the relationship between patients and medical professionals. Examples of these conflicts are demonstrated in the cases of Tunkl V. The Regents of University of California and Shorter V. Drury. Patients, [G15]as well as me dical professionals, have a right to protection. [G16]Upholding medical principle and the implementation of agreements enables this protection. Failure to perform medical duties in accordance with these agreements should be evaluated in an effort to release or hold the medical professional(s) liable. Conditions that validate any legal contract; such as parties being of a conscious mind state, should also be used to validate the medical agreement. References Acute vs. Chronic. (n.d.). Retrieved from Diffen.com: https://www.diffen.com/difference/Acute_vs_Chronic Acute vs. chronic conditions. (n.d.). Retrieved from Medicine Plus: https://www.nlm.nih.gov/medlineplus/ency/imagepages/18126.htm Bhopal, R. (2002). Natural History, Spectrum, Iceberg, Poplulation Patterns, and Screening. In Concepts of Epidemiology (p. 138). Oxford University Press. CDC Global Noncommunicable Diseases (NCDs). (2014, September 29). Retrieved from Centers for Disease Control and Prevention: https://www.cdc.gov/globalhealth/ncd/ Communicable Diseases . (n.d.). Retrieved from Global Health.gov: https://www.globalhealth.gov/global-health-topics/communicable-diseases/ Direct Contact and Indirect Disease Transmission. (2011, June). Retrieved from Delaware Health and Social Services: https://dhss.delaware.gov/dhss/dph/files/directindtranspi.pdf Diseases and Conditions Communicable Diseases. (n.d.). Retrieved from Wisconsin Department of Health Servic es: https://www.dhs.wisconsin.gov/disease/index.htm Kocher, S. M. (2002, January). Ghost Surgery: The Ethical and Legal Implications of Who Does the Operation. The Journal of Bone Joint Surgery. Pantilat, S. (2008). Autonomy vs. Beneficence. Retrieved from UCSF.edu: https://missinglink.ucsf.edu/lm/ethics/Content Pages/fast_fact_auton_bene.htm Quarantine and Isolation. (2014, January 15). Retrieved from Centers for Disease Control and Prevention: https://www.cdc.gov/quarantine/ What is Chronic Disease? (2011). Retrieved from The Center for Managing Chronic Disease: https://cmcd.sph.umich.edu/what-is-chronic-disease.html WHO: Noncommunicable diseases. (2014). Retrieved from World Health Organization: https://www.who.int/mediacentre/factsheets/fs355/en/ 1 [G1]Inserted: a [G2]Inserted: , [G3]Inserted: , [G4]Inserted: , [G5]Inserted: , [G6]Inserted: es [G7]Inserted: z [G8]Deleted:s [G9]Deleted:u [G10]Inserted: a [G11]Inserted: g [G12]Deleted:g [G13]Inserted: The p [G14]Inserted: are [G15]Inserted: , [G16]Inserted: ,

Gettysburg the Speech - 1357 Words

tysburg[Name of the Writer] [Name of Instructor] [Subject] [Date] The Gettysburg Address Introduction Gettysburg Address is one of the important dictations of values that provided much needed direction for the future leadership of the United States. It shaped the societal values and beliefs of the country. This assertion can be affirmed with the speech s enduring presence in the US culture. Notwithstanding its noticeable place cut into stone units on the south divider of the Lincoln Memorial in Washington, D.C., the Gettysburg Address is every now and again pointed to in works of popular culture. With the understood motive that contemporary crowds can be acquainted with Lincoln s expressions. The Gettysburg Address is an†¦show more content†¦The Text of the Gettysburg Address Soon after Everett s overall-appropriated comments, Lincoln gave his address that lasted only a couple of minutes. In this short time, he used ten sentences to aptly summarize the war and the way ahead for the United States. The five known composition copies of the Gettysburg Address are named for the individuals who obtained it from Lincoln. Lincoln provides a copy to his private secretaries, John Hay and John Nicolay. Both of the aforementioned copies were composed around the time of his November 19 address, while the other three duplicates of the speech, the Bliss, Bancroft, and Everett duplicates, and were composed by President Lincoln for philanthropic purposes. These copies were sent well later to November 19, the actual date of the famous address. Since then these copies have ended up being the standard content of Lincoln s Gettysburg Address (LoC, 2012). Both the Nicolay and Hay duplicates of the Address are inside the Library of Congress. It is enclosed in exceptionally manufactured, temperature-regulated; argon gas filled and sealed containers. The idea is to ensure that the original copy is safe from gradual continued deterioration and oxidation (LoC, 2012). Conclusion In the numerous eras that have passed since theShow MoreRelatedSpeech Analysis : Gettysburg Address1006 Words   |  5 Pagesp 4 Mrs. Bower April 4, 2017 Speech Analysis of â€Å"Gettysburg Address† â€Å"Fourscore and seven years ago†¦Ã¢â‚¬  The infamous words spoken in Gettysburg, Pennsylvania on November 19, 1863 by the one and only Abraham Lincoln. Many people know and use these opening words but have never heard more of the speech. President Lincoln write this speech to dedicate hallowed ground to those brave American soldiers we lost at the Battle of Gettysburg during the Civil War. 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Functions of Arts Essay Example For Students

Functions of Arts Essay Art as propaganda to sell ideas, feelings, objects. 12. Art to define and reflect the current times and culture. 3. Art to redefine 14. Art to express and explore personal feelings and ideas. Categories of Functions of Art: A. Personal Functions Of Art 1. Art and psychological expression Visual images preceded Mitten language as a means Of communication. 2. Love, sex and marriage TWO lovers, a marriage, pregnancy, a mother and child, elderly couples, intergenerational images, all reflect on the personal function of themes most central to our lives as family members. . Death and morbidity Death fascinates and frightens us; we cannot solve its mysteries. Yet we continue to contemplate and hypothesize what we will find on the other side of death. 4. Artistic Expressions of Illness The expression of love in modern art may be sentimental or cynical (usually the latter), but when it comes to illness and disease we see a frank, almost clinical kind tot imagery 5. Spiritual Concern Religious art usually expresses collective ideas about human life in relation to the divine. . Aesthetic Expression Aesthetic needs and impulses are not the specialized interest of some elite; everyone is concerned with what is beautiful or pleasing. B. Social Functions of 1. It influences a human group 2. It is made to be seen or used in public situations. 3. It describes aspects of life shared by all as opposed to personal kinds of experience. C. Physical Functions Of Art 1. Architecture: The Dwelling It specializes in custom residential, commercial and community planning projects. Our responsibility is not limited to the specific project but the surrounding environment, and we strive to design each commission to complement and enhance the surrounding street, neighborhood and community. 2. The Crafts and Industrial Design Is the use of a combination of applied art and applied science to improve the aesthetics, functionality, and usability of a product, but it may also be used to improve the products marketability and production. FIVE INTERESTING FACTS ABOUT ART 1. Pablo Picasso was baptized Pablo Diego Joss © Francisco De Paula Juan Omnipotence Maria De Los Remedied Cyprian De la Assassins Trinidad Martyr Patricia Clio Iris y Picasso. The name contains 23 words and honors various saints and relatives. 2. Pablo Picasso was considered a suspect in the theft of Mona Lisa in 1311. He was arrested and questioned after his friend Gallinule Billionaire pointed a finger at Picasso. 80th were later cleared and released. 3. Vincent Van Gogh produced more than 2000 works during his life time: apron 900 paintings and 100 drawings and sketches. Although he is now considered one of the greatest artists Of all times he was undervalued and only sold one painting during his life time. 4. Leonardo Ad Vinci was left handed and his personal notes were written in mirror writing starting from the right side of the page to the left. 5. Leonardo Ad Vinci started painting Mona Lisa in 1504 or 1505 and finished only shortly before he died in 1519. Some reports say that it took him 10 years to perfect Mona Aliass lips.

Presentation of the Problem Samples for Students †MyAssignmenthelp.co

Question: Discuss about the Presentation of the Problem. Answer: Presentation of the case (main actors, company and context) As per the given case, main actors include Joseph Ulan also simply referred to as Joe happens to be chief marketing officer of the telecom operating company Meridicom. Apart from Joe, the other important actors are CEO Gerald Segner, Adam Dupree responsible for landline and Emeline Richard accountable for Briadband as well as Frank Lopez for Mobile. There are essentially two different companies under consideration namely Meridicom and the TelZip. Meridicom is one of the biggest players in the telecommunication industry and is regarded as the industry price leader from the perspective of published rates. Analysis of the given case reveals that the Meridicom is one of the most well-known brands in the nation and even in Europe and their clientele are aware about the overall quality of the brand (Waddington 2014). Again, the other important company presented in the case is the TelZip that is a new player that happens to enter into the market. As such, TelZip is a small sized mobile network operator that intends to enter into new and emerging markets. Presentation of the problem or the dilemma TelZip is a small player in the telecommunication that intends to enter into novel markets. Themanagement of this company has decided to be deliver free broad-brand service to different business clients who were willing to leave the present provider and enter into a long-term agreement (Peng 2013). As the oldest as well as the major telecommunication players in the market, Meridicom can be considered to be very tough in the market that has the experience of gaining competitive edge among both new as well as old contender (Freedman 2015). However, for altering the game, the company Telzip is taking up a good deal to acquire superior rate of growth and superior rate of margin and bothering Meridicom. Therefore, themanagement of Meridicom is facing the dilemma whether to match the price of the competitor that is of TelZip. Presentation of different alternatives and the pros and cons for each alternative Themanagement of the corporation Meridicom might possibly consider different alternative plans for thriving the challenge posed by the TelZip. Essentially, the administration of the firm Meridicom might possibly take into consideration limiting the overall responses to different product region and is under attack (Waddington 2014). As an alternative, the management can introduce another battlefield that has a comparatively lower level of risk of cannibalization. Lets say, the managers of the leading company might consider fighting back and attacking mobile service providers where they have around 5% of market share (Peng 2013). In addition to this,management of the firm might also consider not only the level of prices but also the reactions of the price model. In this case, this kind of move might probably be regarded as the move that can satisfy the requirements of the customers without putting the firms profits at risk (Baker 2014). For instance, a telecom operator Swisscom switched their business model from the pay per minute to a model that is based on pay per call system of pricing. This is the way the management of the corporation might consider for defending its leading position in the market of Switzerland. In addition to this, the management of Meridicom might also possibly consider acquiring advantage of the overall breadth of the portfolio. Again, attractive bundles along with discount models can also be designed for attracting new clients and for retention of old clientele (Eden and Ackermann 2013). Apart from this, Meridicom might also consider developing modern as well as customer-centric corporations. Opinion on solving the problem Diverse experts have presented viewpoints for solving the identified problem of the case. The chief marketing officer Joe might consider designing campaigns aimed at spreading dread, doubt, and uncertainty regarding the offer of free broadband. This way can assist the business of Meridicom in getting to a position of getting a reliable partner (Madsen and Walker 2015). Besides this, management of Meridicom can consider driving the overall profitability of the business by associating with a technology partner that can assist them in becoming ready for the challenges posed by the TelZip. Experts are also of the view that Meridicom can avert the business challenges by bundling all the services of the company that include landline, mobile as well as broadband for diverse business clientele at a discounted rate. However, in order to get a special pricing scheme, all the partakers might consider signing a long term agreement. Nevertheless, there are several strategists who are of the view that management of Meridicom can consider a valid strategy of doing nothing. Furthermore, administration of Meridicom can take into consideration utilization of different approaches that include integration of product, proper invoicing, and single contact node and allied loyalty programs. Explanation of why the preferred solution is the best The preferred solution of considering alternative strategies other than matching prices of different small competitors is regarded as the best (Johnson et al. 2013). Tools for describing key strategic issues The administration can utilize effective strategic tools such as TQM tools, fishbone diagram in addition to consensus decision making for strategic issues orienting the pricing issue of the new entrants. The strategic tools can help in identification of different target audience, evaluation of the needs of the customers, analysis of the competition and brainstorming of diverse ideas (Grant 2016). Appropriateness as well as effectiveness of preferred solution The preferred solution of not matching with the price level of small competitors can be said to be appropriate as well as effective. This is because price wars can become economically devastating and at the same time can lead to situations that are psychologically debilitating (Waddington 2014). Thus, it can exert unexpected toll on a specific individual, a specific business concern, and profitability in industry. References Baker, M.J., 2014.Marketing strategy and management. Palgrave Macmillan. Eden, C. and Ackermann, F., 2013.Making strategy: The journey of strategic management. Sage. Freedman, L., 2015.Strategy: A history. Oxford University Press. Grant, R.M., 2016.Contemporary Strategy Analysis Text Only. John Wiley Sons. Johnson, G., Whittington, R., Scholes, K., Angwin, D. and Regnr, P., 2013.Exploring strategy text cases(Vol. 10). Pearson. Madsen, T.L. and Walker, G., 2015.Modern competitive strategy. McGraw Hill. Peng, M.W., 2013.Global strategy. Cengage learning. Waddington, C.H., 2014.The strategy of the genes(Vol. 20). Routledge.