This paper below is a continuation of order #113857 so the writer must reference back to the paper completed in that order so that he/she can be familiar with the evidence presented in that paper to better respond to this questions below. The writer must clearly respond to all questions listed below using pear review articles to support the responses. The writer must also at the same time review all evidence presented in that order number so as to properly respond to the 5 questions presented below here in paragraphs.
Step 3: Synthesize the Best Evidence
During this week’s paper, you will focus on synthesizing the best evidence. Building on work done in the clinical practicum setting, and looking toward work with the EBP, answer the following questions:
1. What consistencies did you find in the evidence?
2. What inconsistencies did you find in the evidence?
3. What are possible explanations for the inconsistencies?
4. What gaps or holes in the evidence base justify the need for continued work in the area?
5. How does the evidence you have found support a practice change?
SAMPLE ANSWER
From the analysis; it is evident that diabetes is a chronic disease that needs proper coping strategies in order to manage the disease effectively. This helps in management of symptoms and delays disease progression. One of these coping strategies is patient empowerment through education. This will help in ensuring that the patient is well informed about his/her nutritional requirements and the appropriate lifestyle modifications. From the articles analysed, they agree on establishing cooperation between the patient and health personnel to identify the best diabetic education (Steinsbekk, et al., 2012).
The evidence based studies inconstancies are observed mainly on reasons behind the low patient knowledge. For instance, Inzucchin and colleagues identify that the source of these challenges are due to unequipped trainers who have insufficient knowledge of education for patient with diabetes. The trainers fail to identify individual specific needs and address education program in a generalised structure. This fails to improve patient knowledge sufficiently. On the other hand, Steinsbekk and colleagues indicate that there is reduced educational facilities and lack of infrastructures that will facilitate adequate training. The articles call for funding from the government and no governmental institutions to facilitate adequate establishment of resources. Therefore, is need to establish the main source of low efficacy patient education programs, so as they can be addressed in totality
The possible explanations of these inconsistencies is probably because most of the studies are done within a small cohort or controlled environment; and in most cases, these beneficial interventions are not translated to individuals lining outside the community. Although pertinent in realization of the benefits of the research findings, the translational studies on role of patient education among diabetic patient is lacking. This poses challenges during training, and in the identification of the exact causative agent attributable to ineffective patient education strategies (Inzucchi, et al., 2012).
Although patient education is an important strategy in the National Diabetes Prevention and Control program, there exist gaps and holes in the evidence based research which justifies the need to improve knowledge in this research. There lacks necessary investment that will facilitate its achievement. Additionally, patient education structure is not specific enough. It fails to identify the exact component of patient education that should be focused on i.e. Nutritional status or pharmacotherapy. It seems that there is need to conduct a closer surveillance to develop training programs for diabetic patients to overcome the prevailing inconsistences and shortcomings that impede effective patient education (Inzucchi, et al., 2015).
The evidence found supports the identified practice change in that it supports that the main reason for increased complications among diabetes type 2 patients is reduced knowledge on coping strategies. There is no treatment for diabetes Type 2; and what should be supported is providing patient education in all aspects that will regularize the patient habits- including nutritional habits and medication management (Steinsbekk, et al., 2012).
This will reduce complications attributed to the metabolic control as it will empower the patient to learn essential information as well as capabilities that will ensure improved quality of life. Additionally, it is important to have long term follow-ups to monitor patient capabilities and address new challenges that they could be facing. Additionally, it is important to establish a good relationship between the patient, physician and dietician. The improved monitoring systems will ensure that the education program is structured and also provide an opportunity to overcome any shortcomings that would prevail (Kayshap et al., 2013).
References
Inzucchi, S. E., Bergenstal, R. M., Buse, J. B., Diamant, M., Ferrannini, E., Nauck, M., … & Matthews, D. R. (2012). Management of hyperglycemia in type 2 diabetes: a patient-centered approach position statement of the American Diabetes Association (ADA) and the European Association for the Study of Diabetes (EASD). Diabetes care, 35(6), 1364-1379.
Inzucchi, S. E., Bergenstal, R. M., Buse, J. B., Diamant, M., Ferrannini, E., Nauck, M., … & Matthews, D. R. (2015). Management of hyperglycemia in type 2 diabetes, 2015: a patient-centered approach: update to a position statement of the American Diabetes Association and the European Association for the Study of Diabetes. Diabetes Care, 38(1), 140-149.
Kashyap, S. R., Bhatt, D. L., Wolski, K., Watanabe, R. M., Abdul-Ghani, M., Abood, B., … & Kirwan, J. P. (2013). Metabolic Effects of Bariatric Surgery in Patients With Moderate Obesity and Type 2 Diabetes Analysis of a randomized control trial comparing surgery with intensive medical treatment.Diabetes care, 36(8), 2175-2182.
Steinsbekk, A., Rygg, L., Lisulo, M., Rise, M. B., & Fretheim, A. (2012). Group based diabetes self-management education compared to routine treatment for people with type 2 diabetes mellitus. A systematic review with meta-analysis. BMC health services research, 12(1), 213.
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You are the owner of a small chain of hotels, and you are concerned about the United States Department of Labor’s (DOL) new rules under the overtime provisions of the Fair Labor Standards Act. In order to be eligible for one of the white-collar exemptions to the overtime rules, you must pay an employee a minimum weekly salary of $455 per week, or $23,660 per year, whereas the previous threshold was $250 per week. Employees making less than $455 per week generally cannot be exempt. This will cost you money either in overtime pay or higher salaries. Can you challenge this new DOL rule? How would you go about challenging it? (26 points) (A 1-page response is required.)
SAMPLE ANSWER
Business Law
Whereas the overtime rules present several opportunities for both employers and employers, it is important to note the problems presented by these rule. Thus, the new DOL rule can be challenged in line with the challenges it presents to small businesses.
Prior to the enactment of the DOL rule, there was no requirement for employers to pay overtime to particular kinds of managers and administrators who worked over 40 hours a week, as long as the employers classified these managers and administrators as salaried employees, and as long as they earned over $23,660 per year (Atkinson, 2015). The fact that the new rule requires employers to reclassify employees implies that many workers with administrative or managerial duties making over $23,661 per year will be greatly affected. Whereas larger businesses tend to have proper classifications of their workers, smaller companies, such as our small chain of hotels, which do not have Human Resource departments with experienced specialists, have higher chances of misclassifying workers. It is important to challenge this law because it will even end up being disastrous to a significant percentage of employees. Most of the reclassified employees will end up losing benefits, status, flexibility and advancement opportunities. As for employers, overtime rules will drive up their costs and ultimately limit opportunities for moving up into management. Businesses will be forced to reduce hiring, cut working hours, reduce benefits and increase prices for goods or services.
Since these rules were passed by the Administration, we can challenge them by presenting our opinions to the Republican-run Congress, which may seek to counter the rules through legislation. Even though the court has approved the rules, the prospects of amendments being made are high as long as Congress approves.
Why Am I Doing This The Stamp Act Order Instructions: Statement of Purpose or “Why Am I Doing This?”
Why Am I Doing This The Stamp Act
One of the goals of the discussion boards is to encourage student community learning, and to help you gain valuable experience with analyzing evidence and presenting sound arguments based on evidence. To this end, your discussion board assignments will require you to examine events from a variety of perspectives and construct an argument that supports a specific point of view based on the supplied prompt.
Participation:
Response to the Prompt – “Editorial” (First Submission)
• Read the information associated with that topic provided in the appropriate Reading & Study folder in Blackboard.
• Submit your 300–400-word response to the prompt to the Discussion Board Forum in the form of a newspaper editorial article. Your “editorial” must address 1 point of view presented in the forum for the topic you choose. Use the materials you read to write, assuming you are living in the time in which the event occurred and are writing to a contemporary audience who wants the news and your point of view on it. Your work must be clearly supported by your readings and biblical principles. You must take a definite position on the question asked.
• Your “editorial” must be submitted directly as a reply to the appropriate thread. Do not attach your “editorial” as a Microsoft Word document or PDF file.
• Appropriate citations must be made using parenthetical references in proper and current Turabian format (these must be complete citations including page numbers when applicable).
• First person is allowed.
The stamp act was imposed on all the American colonists by the England colonial government without any due regard from the colonists who had been in America. The problem itself was not the collection of the taxes that they were supposed to follow rather the method the law had been applied to them without consultation. Initially, money inform of taxes was spent back to England and the people in England were deemed satisfied. However, the new methods that was coming up required that the colonial government back in England would impose taxes without due regard for the laws that colonies had set in America. If the colonies accepted such a tax like the stamp duty, it would mean that the government in England would soon enough come up with other new taxes which could be imposed on people in America without realizing that America was being ruled by colonies granted power by the England monarch to rule on their behalf (Ushistory.org 2015).
Additionally, the use of stamp tax would reduce the amount of capital or revenue that the colonists were collecting. It would very difficult for the governments in the colonial system to meet the basic needs of the people in their colonies. For example, if people of Virginia were being taxed by the Virginia colonist government, the taxes were to be used to meet and facilitate some important services that was being offered by the same government. However, it would be unfair for the government to collect funds that were not going to be used back home in England and not in the development programs in the colonies. This would have created an avenue that the government back home in England would have completely used and directly obscured any efforts that were being made by the government of the day about collecting taxes (Ushistory.org 2015).
Write, from your future perspective of being an ethical and law-abiding counselor, a 1,000-1,250-word paper in which you incorporate your ethical and legal view on the following topics:
Volunteerism-What standards do you need to uphold if you are in a voluntary position or providing free/pro-bono work?
Self-disclosure-Would you disclose personal information to a client? If so, when and how is it appropriate?
Objectivity-Why is it important to remain objective for your client?
Self-care-How will you balance your life?
Spirituality-How will you maintain your spirituality in and out of practice?
Be sure to cite professional code of ethics and/or articles to support your statements.
Prepare this assignment according to the APA guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.
SAMPLE ANSWER
Ethics and Legal Viewpoint
Volunteerism
Those volunteering should be suited, qualified, and trained for the various roles that they will undertake. The act of volunteering should be based more on the altruistic benefit as opposed to income. In this case, the income should be a secondary aspect regardless of how beneficial it might be. Professionals are prohibited from engaging in services which conflict with their official duties. For instance, it is inappropriate for federal employees to represent parties before federal governments. Worth noting, every federal agency possesses a set of regulatory conduct standards that should be adhered to strictly by the employees. for instance, the Department of Justice attorneys should never offer services involving habeas corpus or criminal matters, despite of if local, state, or federal (5 C.F.R. 3801, 106) (Neighbors et al., 2014).
A professional can offer services to the political organizations if only in compliance to the Hatch Act’s restrictions (5 U.S.C., 7234), in addition to the agency’s policies in relation to political activities by political and high-level appointees. In relation to the US, it is inappropriate to represent someone against the US, based on 18 U.S.C. 205. People seeking government benefits can be assisted in limited ways such as providing non-representational assistance. However, the professional should refrain from contacting a federal agency to influence as stated in 18 U.S.C. 205.
Self-disclosure
In considering self-disclosure’s ethical aspects, the principles which are most relevant include beneficence, non-maleficence, and a fiduciary relationship between patients and clinicians where the patient’s welfare and interests always predominate. Abstinence from individual gratification, autonomy, altruism, neutrality, and compassion can also be invoked when resolving dilemmas related to self-disclosure. However, therapists are prohibited from violating the stated principles by engaging in self-disclosure which is seductive, excessive, narcissistic or exhibitionistic, and exploitative (Psychotherapy.net, 2014). Moreover, it is unethical to engage in self-disclosure if the therapist has the intention of merely unburdening her/ himself of some concerns, while the patient gets no foreseeable benefit.
Intentional self-disclosures might be therapeutic or clinically-based, alliance-building, and supportive, but they can also be care-seeking, exhibitionistic, or seductive. In case a patient appears ambivalent about having individual questions answered, then the therapist has a role of exploring and determining if the patient actually should hear the answers to avoid a therapeutic impasse. The healthcare professional has a fiduciary obligation of taking responsibility for maintaining as well as setting the boundaries, even if the patient is pressuring that they be transgressed. It is important for the professionals to think through personal views on self-disclosure ethics in advance. The professionals should be careful that nondisclosure and disclosure can both impair or foster the therapeutic alliance (Morris, Javier & Herron, 2014).
Objectivity
There is a great need for professionals to promote and protect the law’s rule. When considering the interests of clients, some of the issues that come up include making proper decisions regarding when evidence should be disclosed, alleging fraud, witnesses who might present perjured evidence, and debt instruments’ status. In these matters, there is a heavy dependence on the objectivity and ethicality of professionals. It is advisable that healthcare professionals are handling their patients; they should explore the issues being faced from different angles. This goes a long way in ensuring that the interests of their clients are served accordingly. As far as objectivity is concerned, professionals are advised to think of the ethical issues as both individual and systemic problems. This can enable the professionals to handle the issues effectively. Avoiding bias and prejudice is very necessary.
Self- care
A majority of the ethics codes have provisions on the importance of self-care. For instance, the 2002 APA ethics version, for instance, instructs the psychologists to remain aware about the potent impacts of their mental and physical health on the ability of assisting the colleagues. Therefore, the first fundamental step is awareness, but there are many other things which are vital. According to standard 2.06 of the Personal Problems and Conflicts assert that psychologists can refrain from initiating activities which they truly know pose a substantial likelihood of their individual problems hindering them from carrying out the work-related activities competently. When professionals become informed of the individual problems which are likely to interfere with the adequate performance of work-related duties, then taking appropriate measures is encouraged. These might include terminating, suspending, or limiting work-related duties, and obtaining professional assistance or consultation. According to the 2005 American Counseling Association’s Code of Ethics, counselors are advised to participate in self-care activities so as to promote and maintain their physical, emotional, spiritual, and mental well-being so as to adequately meet professional responsibilities. Therefore, a professional is right to refrain from providing professional services in case of impairments which are likely to cause clients and others harm. Self-care is a fundamental prerequisite for there to be competent care. Therefore, self-care is a moral imperative, ethical necessity, and legal need.
Spirituality
The Ethical Principles of Psychologists and Code of Conduct 2010 clearly address the issues to do with religion and spirituality in the discussion about individual differences and diversity. This is in relation to Principle E (Respect of People’s Rights and Dignity). Here, it is clearly stated that psychologists know about and respect role, individual, and cultural differences, including those with religion as the basis, and should have a deep regard for these factors when collaborating with members from these groups (Lee & Nelson, 2014). Moreover, in Standard 3.01 of the Unfair Discrimination, it is clearly advised that when engaging in work-related activities, it is important for psychologists to refrain from unfair discrimination as far as religion is concerned, or any basis that the law proscribes. Therefore, psychologists should be well informed about these issues so as to avoid bias and prejudice. Moreover, they ought to be sensitive about their possible meaning and roles to patient’s lives. Hence, it is vital to be proactive about dealing with them (Bornstein & Wiener, 2014).
Although spiritual and religious issues might not be the principal focus of treatment, they are relevant to the life of every client and can guide the professional in defining their beliefs, values, decision making, and lifestyle choices. Therefore, according to the APA Ethics Code (Principle E), professionals ought to be sensitive to, respect, and aware of all personal differences, including spiritual and religious beliefs, practices, and values. Overlooking or intentionally avoiding or ignoring to address every client’s spiritual and religious practices and beliefs is doing them considerable disservice. The client should be given priority in all these issues.
References
Bornstein, B. H., & Wiener, R. L. (2014). Justice, conflict and wellbeing: Multidisciplinary perspectives. New York: Praeger Publishers.
Lee, R. E., & Nelson, T. S. (2014). The contemporary relational supervisor. Hoboken: Taylor and Francis.
Morris, D. O., Javier, R. A., & Herron, W. G. (2014). Specialty competencies in professional psychology. Hoboken: Taylor and Francis.
Neighbors, I. A., Chambers, A., Levin, E., Nordman, G., & Tutrone, C. (2014). Social Work and the Law: Proceedings of the National Organization of Forensic Social Work, 2000. Hoboken: Taylor and Francis.
In 2 pages Briefly discuss and provide specific examples of the three (3) broad categories of deterministic “forces” that can limit free will and, perhaps,
responsibility for criminal acts.
2. Briefly discuss the ways in which the cases of Susan Smith and Andrea Yates illustrate the debate concerning free will, determinism, and moral/legal
responsibility.
3. Briefly discuss the implications of the debate between free will and determinism for treatment, punishment, and policy within criminal justice.
(PART II: CASE STUDY 3 pages)
Review the following videos that you viewed in the Lecture Notes.
• “Christian-Newsom Killers Get New Trial over Judges Past Drug Use?”
• “Richard Baumgartner guilty on 5 of 6 federal charges”
• “Judge Baumgartner critical of federal authorities- “they think they are above God”
• Defendants in the Christian/Newsom murders are granted new trials.
• The Tennessee Supreme Court overturns new trial rulings in Christian-Newsom murders.
• Notwithstanding Baumgartner’s mental competency, hypocrisy, or lack of morals.
• Baumgartner has his attorney quash a (6/3/2011) subpoena, so he does not have to show up in court.
• Baumgartner’s alleged mistress was in the court supervised program.
Complete the following tasks:
Watch the videos and read the news articles regarding this Judge who was addicted to drugs while presiding over a horrific murder trial of two innocent lives
and the sentencing of four defendants. Based on your research and the information contained in these videos, write a case study/research paper being sure to
address the questions below and include additional information you feel is relevant and will add value to your submission. Remember to include correct APA
format with a cover page, reference page, and in text citations
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The Change of the Laws Regarding DUI (driving under the influence)
Order Instructions:
Read through the list of research topics (located in the Appendix), or by clicking the link here, on which to write a research paper. Select three (3) topics that interest you most and identify two (2) credible sources for each topic. Note: This is one (1) of several parts that will build toward a final draft of your persuasive writing research paper.
Write a one to two (1-2) page paper in which you:
1. Explain the reason for selecting topic one (1), identify the audience, and provide a preliminary thesis statement.
2. Explain the reason for selecting topic two (2), identify the audience, and provide a preliminary thesis statement.
3. Explain the reason for selecting topic three (3), identify the audience, and provide a preliminary thesis statement.
4. Identify and document six (6) credible sources (two (2) for each topic) that you would expect to use. Note: Wikipedia and other Websites do not qualify as academic resources.
Your assignment must follow these formatting guidelines:
• Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; references must follow APA or school-specific format. Check with your professor for any additional instructions.
• Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required page length.
The specific course learning outcomes associated with this assignment are:
• Recognize the elements and correct use of a thesis statement.
• Associate the features of audience, purpose, and text with various genres.
• Recognize correct APA documentation and reasons to document and avoid plagiarism.
• Write clearly and concisely about selected topics using proper writing mechanics.
• Use technology and information resources to research selected issues for this course.
SAMPLE ANSWER
The Change of the Laws Regarding DUI
The primary problem with the DUI laws the prohibits drinking while intoxicated is that these legislations do not allow the arrest of drivers whose blood-alcohol contents are below 0.08 percent without further shreds of evidence on impairment (Macinko, & Silver, 2015). It is, therefore, essential to note that drivers have adopted an approach in considering the number of drinks they take to avoid penalties and jail sentence.
According to one state officer, people who are intoxicated at 0, 05 percent should also be convicted for driving under the influence of alcohol, a fact that should be debated in a court of law with the aim of changing these laws (Macinko, & Silver, 2015). It is essential to determine the fact that these laws should be changed since people react to alcohol intoxication differently. For some people, just a single drink may be one too many while the experienced drinkers may function effectively even above the legal threshold of intoxication.
Changing the laws on DUI would, therefore, favor an enforced law that deters drivers from intoxication during driving, a factor that has been the leading cause of reckless driving and accidents (McGuire, Dawe, Shield, Rehm, & Fischer, 2011). In line with this, it is, therefore, essential to developing a punishable act that focuses on road rules since singling out the use of alcohol for road users is an approach aimed at making the roads safer.
The Increase of Taxes on Alcohol and Tobacco to Pay for Rising Medical Bills
In line with this subject, it is essential to determine that taxes on alcohol and tobacco should be increased with the aim of counteracting the rising costs that have been realized in the health care sector. Since it has been discovered that both of this commodities add pressure to the economy of a nation, their lucrative sales should, therefore, see an increase in their prices (Metlay, 2013). In the event that alcohol and tobacco are charged slightly more, this would not only benefit the health sector under the assumption that funds would be channeled through this cause but would also deter people from using this substance, a factor that would lead to a healthy nation.
It is empirical to determine that high taxes on alcohol would decrease the DUI/DWI including the number of alcoholics in rehabilitation centers in the US. On the other hand, an increase in taxes on tobacco would decrease the rates of lung cancer contractions including the negative effects of this drug (Gruber, 2001). Funds derived from this initiative would, therefore, lower the health care costs for several citizens, a factor that would impact the health care systems of America.
The Change in Family and Medical Leave Act
The former President Bill Clinton signed the Family and Medical Leave Act twenty years ago. This act allows workers and their family’s access a 12-week unpaid job-protected leave to aid them in recovering from medical conditions that are considered critical (Lindsay, & Moore, 2011). This legislation, therefore, remains essential in helping workers manage their responsibilities within their homes and workplaces.
In as much as this act is significant in the lives of the American employees, it has been determined as ineffective since it fails to cover the needs of most workers. Since this act is unpaid, many workers have complained about failing to afford to take leaves when they need due to financial reasons (Sandler, 2015). In this case, several workers abscond from taking this leave and work for close to 1350 hours in a period of twelve months, a factor that affects their job performance. It is, therefore, vital that a change be made in this bill to consider the welfare of the workers and their families.
References
Macinko, J., & Silver, D. (2015). Diffusion of Impaired Driving Laws among US States. American Journal of Public Health, 105(9), 1893-1900. https://www.doi:10.2105/AJPH.2015.302670
McGuire, F., Dawe, M., Shield, K. D., Rehm, J., & Fischer, B. (2011). Driving under the Influence of Cannabis or Alcohol in a Cohort of High-frequency Cannabis Users: Prevalence and Reflections on Current Interventions. Canadian Journal of Criminology & Criminal Justice, 53(2), 247-259.
Metlay, G. (2013). Federalizing Medical Campaigns against Alcoholism and Drug Abuse. Milbank Quarterly, 91(1), 123-162. https://www.doi:10.1111/milq.12004
Gruber, J. (2001). Tobacco at the Crossroads: The Past and Future of Smoking Regulation in the United States. Journal of Economic Perspectives, 15(2), 193-212.
Lindsay, D. C., & Moore, L. M. (2011). State and federal leave laws: How recent legislative changes have complicated leave administration. Employment Relations Today (Wiley), 38(1), 77-90. https://www.doi:10.1002/ert.20335
Sandler, L. (2015). Taking care of our own. (Cover story). New Republic, 246(5), 32-41.
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Hi pleaseclick on link above . And log in with my username and u r required to read each module and assessment task Given at the end and write on it in relation my specialty area which was preoperative. And u need to cite whatever u write with peer reviewed articles or references . Make sure u read all the modules before u start writing assignment .
It’s 1000 words altogether (3 modules )
SAMPLE ANSWER
Module 1: legal responsibility in preoperative care
Personnel in the preoperative settings have numerous responsibilities in relation to the legal and ethical responsibilities. This is because their duty of delivering care is deep seated core within the nursing principles and code of conduct. In this context, the documentation of nursing care is a legal responsibility during preoperative care. This is the only proof they can use in their defense that they are not negligent (Litwack, 2010). The documentation process must meet the established practice of documentation. The records must indicates patients preoperative assessment, care provided by the surgical team, the outcomes and evaluation plan conducted as they are used to indicate the procedures that should be used in primary care settings. One of the most important documentation processes in preoperative care is the informed consent (Lim et al., 2010).
The main element of quality care in preoperative department is the issue of informed consent. The general legal principle of preoperative care is that the healthcare provider must obtain a valid informed consent from their patient, before any treatment intervention is put in place. This principle is put in place to ensure that the patient enjoys the right to their health, and to decide what health care practice that takes place in their body. This right is entitled to every patient including the children, but the laws have specific rules that should be followed for these minors, or patient under critical care (Litwack, 2010).
Additionally, patient have right to confidentiality, unless they have allowed their health condition be shared in the consent form. This implies that the patient have a legal right that must be obeyed by the healthcare providers in the preoperative care, if the patient refuses presence of visitors during this phase. The healthcare providers have a legal responsibility of informing all the patient’s visitors and the contractors that the preoperative environment is a very confidential department, and that it is only chaperoned by the staff members assigned in these departments only. If the visitors are present for any reasons, it must be recorded in the theatre record for referencing purposes (Tilse and Wilson, 2013).
Module 2: Dilemma of providing patient information to carers
Patient privacy is important as it upholds patient’s dignity, which is a core nurse principle and fundamental aspect of care. The physicians are often face challenges as patients health deteriorates, especially when they have to deliver relevant information that can be used at home care. More often, doctors face criticism from family relatives and carers for not giving patients adequate information. This is because it is the physician legal obligation to respect and to protect patient information. Traditionally, patient privacy philosophy argues that patient identify the person who can be informed about their health condition, and including if the information can be shared with the friends or the family (Gold et al., 2009).
This theoretical model, which focuses on patient centered care, is not always the clinical reality. The legal obligations demands that such information should be provided is there is explicit permission. This can create huge debate if a relative who have been at the center of delivering care of patient is denied the patient information. On the contrary, if the patient condition does not permit them to make decisions for themselves due to severe illness or dementia, then the family or carer can be integrated in the decision making process. These two scenarios indicate divergent positions in the communication between the patient’s carers and the physicians. This indicates that the culture of patient centered care in some cases can create tensions in healthcare (Atkinson & Coia, 2012).
In reality, the family members and carers are always concerned about the patient health. This is especially important during transition of care from acute settings to homes. In this context, the patients discharged from the hospital are weak and will rely on caregiver for their daily activity. Research indicates that providing patient information to carer is beneficial because it reduces carer anxiety, improve competency, and improve the coping strategies that will facilitate the decision-making processes. These findings have been supported by one studies conducted in cancer patients. From this perspective, then it is true that the carers work is often unrecognized, and often overlooked due to the way the medical ethics and law protects the patient’s information. These individualistic ethics dominating the healthcare practice could be hindering quality care (Gold et al., 2009).
Therefore, it is important to empower the carer with clear and effective communication about the essentials as they undertake the quasi-nurse role. This is because the patient carer knows the patient best. The carer is the constant support in patient’s life, and over time, the patient builds trust. Research indicates that the carer are encouraged and feel appreciated when integrated in decision making processes, as they become aware of the patients physical and psychological demands than when denied access to patient information (Atkinson & Coia, 2012).
Module 3: Reflection
Patient perspective about illness, disease, dying and death is best explained by the Spoon theory developed by Christine Miserandino. According to her, illness especially those diagnosed with chronic illness such as systemic lupus makes the patient have limited expendable energy. This is because even a small activity makes a patient loose a spoon (energy), which is very difficult to retrieve back. Her perspective about systemic lupus and all chronic illnesses are that patients are weak to even to undertake simple daily activities such as taking birth, walking and feeding. This is similar to the daily incidences that we deal with at the perioperative care. Most of the perioperative patients lack the exact words to explain the way they feel or their worries. This narration has helped me in understands the needs, the struggles and the services needed by the patients, especially those under preoperative care (Wagner et al., 2010).
From this narration, I have learnt that the most affected individuals during illness, dying and death are friends and the close relatives. From the narration, it is evident that healthy people are usually distressed and have unimaginable fear about illness, especially in chronic illness such as lupus. For instance, the narration indicates that the patient friend got confused and may felt helpless during the treatment regimes. However, as indicated in Maggie’s case study of hope in recovery, it is important for the family to understand, and to find ways they can meaningfully participate in their patient’s recovery, and to understand that their acceptance positively impact the response of their loved ones. The family have crucial role especially in hospital settings. They must a way to advocate for quality care for the loved ones (Atkinson & Coia, 2012).
As indicated in Maggie’s story of hope in recovery case study and Christine’s story of the twelve spoons, the healthcare role in managing patients goes beyond offering quality care alone. I have learnt that the healthcare providers have additional role to care giving which includes educators, advocates, and counselors. The healthcare staffs have the responsibility of helping the patients to understand the disease they are suffering from, and to ensure they understand and accept the management of their condition. This activity is important as it builds the gap between the healthcare providers and the patient. Additionally, it offers emotional support that will help the patient cope with the illnesses (Bennet et al., 2010).
References
Atkinson,J.M., & Coia, D.A. (2012). Responsibility to carers — an ethical dilemma. Psychiatric Bulletin 11/1989; 13(11):602-604. DOI: 10.1192/pb.13.11.602
Bennet, A., Coleman, E., Parry, C., Bodenheimer, T., and Chen, E. (2010). Health Coaching for Patients With Chronic Illness. Fam Pract Manag. 2010 Sep-Oct;17(5):24-29.
Gold, M., Philip, J., McIver, S., & Komesaroff, P. A. (2009). Between a rock and a hard place: exploring the conflict between respecting the privacy of patients and informing their carers. Internal Medicine Journal, 39(9), 582-587. doi:10.1111/j.1445-5994.2009.02020.x
Litwack, K. (2009). Clinical coach for effective perioperative nursing care. F.A. Davis Company. Philadelphia
Lim, J., Bogossian, F., & Ahern, K. (2010). Stress and coping in Australian nurses: a systematic review. International Nursing Review, 57(1), 22-31. doi:10.1111/j.1466-7657.2009.00765.x
Tilse, C., & Wilson, J. (2013). Recognising and responding to financial abuse in residential aged care. The Journal of Adult Protection, 15(3), 141-152. doi:http://dx.doi.org/10.1108/JAP-11-2012-0025
Wagner, G., Lorenz, K.A., Riopelle, D., Steckart, M.J., Rosenfeld, K. (2010). Provider Communication and Patient Understanding of Life-Limiting Illness and Their Relationship to Patient Communication of Treatment Preferences. Journal of pain and symptom management ; 39(3):527-34. DOI: 10.1016/j.jpainsymman.2009.07.012
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Identify a couple of the major discrimination laws.
How are these laws intended to protect employees?
Are these laws necessary and effective, or instead do they restrict the manager’s ability to properly manage?
SAMPLE ANSWER
Discrimination Laws
Discrimination is witnessed when an individual is unfairly treated based on their national background, gender, ethnicity, race, color, age, religion, sex orientation or disability among others. There are various types of discrimination laws as discussed below:
Equal employment opportunity
‘Discrimination during hiring/recruitment’ is meant to ensure that employees have equal opportunity in accessing employment as long as they have qualifications required in a certain job opening. It protects employees from being discriminated against based on personal characteristics and thus ensures that they have equal chances of getting employed like other candidates seeking employment.
Equal treatment at work
Employees are protected against discrimination at the workplace by ensuring that employers provide non-discriminatory terms and conditions at work. This ensures that employees’ backgrounds does not influence nature of employment, hours of work, salary and other remuneration packages, training, promotions, transfer, dress standards, discrimination based on stereotypes (Congressional Digest, 2013, p. 9-10).
Unfair dismissal
Employees are protected from unsatisfactory discrimination, except for various exceptions allowed, such as genuine financial reasons, serious misbehavior and poor work performance (Jones and Walker Solicitors, 2012, p.42). This law protects employees from dismissal based on personal characteristic, reaching a certain age, injury and pregnancy among other issues. It also protects them from employer breach of contract and dismissal without notice.
How the laws protect employees
Discrimination laws ensure that an individual’s characteristics do not influence how they are treated at work or opportunities available to them. They protect employees from any form of discrimination base on national origin, sex, race, color, sexual orientation, gender, age and disability among other differences (Congressional Digest, 2013, p. 9-10).
Absence of discrimination laws would render various groups of individuals, mostly minorities, disadvantaged in the job market. Without discrimination laws, certain classes of people such as the disabled would find it difficult to obtain and keep jobs because they would be outdone by their able-bodied counterparts.
Discrimination laws are aimed at guaranteeing fair conditions for all employees and ensuring that employers do not take advantage of individuals who may appear vulnerable. Without such laws, employers would have the freedom to fire people at will, without proper justification or based on personal prejudice. It gives employees some level of security and protection against injustices based on employer bias. It also opens opportunities that would otherwise be unavailable to certain classes of people.
In terms of mental health, discrimination laws protect employees from psychological effects resulting from unfair treatment and expectations. The laws provide a fair playing ground for potential employees to compete, as long as they possess the requirements as provided by the employer. They also ensure that employees are comfortable at their workplaces without fear of being discriminated against. This is especially important for minorities who have historically faced discrimination at the workplace.
Employers and discrimination laws
While discrimination laws mostly favor employees, the employer’s attitude towards these laws as well as measures taken to ensure that discrimination is avoided determine how they affect the management functions. They are not only useful but are also necessary in promoting a good working environment. Sema et al (2013, p. 76), notes that employers should aim at ensuring zero discrimination in order to prevent law suits (Czubkowski, 2013, p. 1841-1842). Once clear guidelines are laid out, chances of the discrimination laws affecting management functions are minimal.
The work environment however presents various situations, which may leave the management in a dilemma (Abraham, et al, 2015, p. 337-338). While discrimination laws are aimed at protecting employees, they may work to the detriment of managers and thereby restrict them from performing their duties effectively. An example is the law on unfair dismissal, which may lead to poor performance among employees, given that they are protected by the law against dismissal. In such a case, the management may have difficulty enhancing productivity at the workplace because dismissal could result in potential law suits. This is especially so where the management does not have proper records of an employee’s poor performance. Furthermore, the law requires that for an employer to terminate an employee, he or she must have been given a warning regarding their performance and given a chance to improve (Jones and Walker Solicitors, 2012, p.42).
Discrimination laws prohibit employers from placing advertisements that seem to favor a certain group of individuals, or which appear to discourage certain individuals from applying. Practically however, there are certain jobs that require people of a certain nature to handle and managers may find it difficult to fill those positions without appearing to discriminate. A company for example may prefer to hire men for jobs that require major travelling and long hours, as opposed to women who are known to have significant family roles and attachments that may make the job difficult for them to pursue. Such practices are however restricted in the discrimination laws, which makes it difficult for employers to effectively select employees (Thompson Solicitors, 2012, p. 1-2).
Conclusion
The various discrimination laws ensure employee protection and are of great importance in promoting equality within the workplace. Employers must therefore be careful to ensure that they set clear standards to prevent possible law suits. It is also clear that discrimination laws may interfere with the management’s ability to execution duties; leading to undesired outcomes such as low productivity.
INTRODUCTION TO BUSINESS LAW (200184), SPRING SEMESTER 2015
PROBLEM SOLVING ASSIGNMENT (Assessment 2)
Instructions
This document consists of three (3) pages including this page.
There are three (3) questions and all questions must be answered. This assessment task contributes 30% of your final grade. The questions are not equally weighted. This assessment task is based upon the content covered in Weeks 4 and 5 (Contract law).
Word limit: The word limit for the entire assignment is 1500 words. There is no 10% margin of error on the word limit and you may not use footnotes to get around the word limit (eg, such as by placing extra text in the footnotes – footnotes should be used for the reference only as a general rule, not for added descriptions).
Referencing style: Assignments must be referenced adopting an appropriate business referencing style.
Submission: You must submit your assignment answers in accordance with the procedure outlined in the Learning Guide (i.e., must be submitted through Turnitin). The assignment must be submitted by the due date and time, or late penalties will begin to accumulate until received.
If relevant please review the University Policies on Applications for Extensions and Special Consideration. Please note that if you are applying for an extension or special consideration you MUST ATTACH YOUR WORK DONE on the assignment up to the date of your application. Do not assume your application will be successful. You need to upload your assignment as soon as you are able, to ensure penalties are minimised.
Please do NOT affix an Assignment Cover Sheet to your assignment. Assignment Cover Sheets are automatically built-in to Turnitin.
Do NOT attach a copy of these instructions, or of the questions, as part of your assignment, but number your answers to correspond to the numbered questions.
Marking: The marking criteria and standards are set out in the Learning Guide and will be used when marking and to provide feedback on your assignment. You may find it helpful to consult these while working on your assignment. See the Learning Guide for other information about marking and return of assignments.
SAMPLE ANSWER
INTRODUCTION TO BUSINESS LAW
Question 1
A valid contract should satisfy all legal aspects which include: offer and acceptance, the contractual capacity of the parties, consideration, and legality of the contract.[1] For an offer to be valid, it should be made by the offeror then the offeree should accept it. The parties should have the capacity to enter into contractual agreements in regards to age and sound mind. In addition, there must be consideration in terms of a promise of money for goods or services to be delivered.
A contractual agreement becomes binding when the offeree accepts the offer. An offer must be accepted by the offeree as it is, if anything in regards to the terms of the contract is changed, then it amounts to a counteroffer. An offer is made when the offeror expresses his intention to enter into a contractual agreement on particular terms, with the aim of making the terms presented binding immediately the offeree accepts the terms. There are different forms in which an offer can be communicated such as conduct, email, fax, newspaper, and letter.
Acceptance occurs when the offeree indicates that they are ready to bind themselves to the terms and conditions stipulated in the offer. For the acceptance to be effectual, it must be equivocal, implying that the contractual partners need to accept the terms of the contract as presented. In Powell v Lee (1908) 99 L.T. 284, the court was of the view that communication of acceptance is paramount to the validation of a contract. In the case where acceptance is communicated, but there is no meeting of the minds, then no contract will be deemed to exist.[2] This will be contrary to the mirror image principle which requires the offer to be accepted just as it is. Thus, when the offeree presents different conditions to those presented by the offeror, this amounts to a counteroffer, leading to the nullification of the previous offer. Accordingly, if the offeree accepts the original offer, but with additional qualifications or conditions, this also amounts to a counteroffer and it’s not binding to the other party unless they accept the additional conditions.[3]
In the case scenario, it can be implied from the facts that the parties were in a legal capacity to enter into a contractually binding agreement. Dorothy made an offer to Brian for the sale of her house ‘Gum Leaves’ at a price of $2,000,000. However, Brian’s response was that he would buy the house at $1,500,000 and in four installments over a period of two years. In this case, Brian made a counteroffer. He did not accept the offer as was made by Dorothy. Dorothy’s response to Brian’s counteroffer was in line with the mirror image principle because it was exactly as the original offer made by Brian. She accepted to sell ‘Gum Leaves’ to Brian in four installments as offered by Brian. This created a binding contractual agreement between Dorothy and Brian. The contract came into force the moment Dorothy accepted the counteroffer made by Brian.
With regards to Lionel’s scenario, Lionel also made a counteroffer because he offered to buy the house at $1, 750,000 and not $2,000,000 as originally offered by Dorothy. Dorothy, on the other hand, responded to Lionel by accepting the counteroffer but with an additional condition that the contract could only be binding if it was drawn up in a form that was acceptable to her family solicitors. Thus, there was no valid contract between Lionel and Dorothy, and Lionel was not liable for breach of the contract through his action of revoking the offer. It is possible for an offer to be revoked by the offeror before communication of acceptance.
In conclusion, there is a binding contract between Dorothy and Brian for the sale of “Gum Leaves” at $1,500,000 and in four installments at a period of two years, whereby the failure of Dorothy to fulfill her part of the contract leads to breach of the contract.
Question 2
Under contract law, a contract comes into existence the moment the offeree accepts the terms and conditions of the offer.[4] In the case scenario, an agreement was made between Emily and Rachel for the sale of Fang to Emily for $3,000 in two installments of $1,500 each. A contract is valid if there is consideration between the parties. Consideration refers to the promise to fulfill a particular obligation upon payment of a certain specified sum of money.[5] Rachael gave out her dog to Emily basing on Emily’s promise to pay $3,000. Thus, the two parties entered into a binding contractual relationship, the breach of which leads to legal consequences.
With regards to the issue of whether or not the dog was even tempered, this was not part of the contract in the express sense. Although there are implied terms with regards to merchantability of contractual goods, the issue of a dog’s tempers is tricky because it is not possible to objectively determine Rachael’s liability on the ground that she promised that the dog was even tempered. The objective test for determining the extent to which a contractual term is binding to the party that makes it is based on how a reasonable bystander could interpret the issue of a dog’s tempers. It is likely that when Rachael sold the dog to Emily, it was even tempered. This is because dogs usually change their tempers depending on different circumstances and environments. In addition, Emily had not stipulated such a condition as to temperament during the time at which the parties were entering into the contract. Thus, Emily is still required to fulfill her part of the bargain by paying off the remaining installment of $1,500.
Question 3
This question addresses the issue of avoidance of liability using disclaimers.[6] In general, contract law supports the aspect of freedom in contractual dealings and aims at allowing parties to make their own choices in regards to allocation of the risk associated with the particular contract in which they are entering. Thus, courts basically try to ensure the enforcement of the terms of the contract decided upon by the parties. Section 2-719 of the UCC provides for the freedom of parties to ensure that remedies and consequential damages are limited as much as possible. However, a contract may be invalidated if a clause is found to be unconscionable in the sense that it has elements of one-sidedness, oppression, and harsh agreement.
An exclusion clause can be included in a contract for purposes of putting a limitation on the liability of a party of breach of contract or negligent conduct. However, reliance on such a contract will only be successful if the clause was incorporated into the contract and it can be interpreted to mean that the clause covers the loss in question.
With regards to incorporation, an exclusion clause can be included in a contract through the ‘course of dealing,’ signature or notice. Where a notice is given in regards to the exclusion of liability of a party to the contract, the notice should be made known to the other party. The notice should be displayed at a conspicuous place where the other party can see it and become aware of it before taking up the risk. In addition, if the notice is on a piece of paper, and it is written in small letters to the extent that the other party cannot see, such an exclusion clause is not binding. This is because there is no meeting of the minds between the parties involved in the contract. At least for a contract to be binding to the parties involved, there must be mutual agreement with regards to what these parties are entering into.
In addition, a party cannot avoid liability for gross negligence on the ground that the claimant foresaw the consequences of their actions. The court interprets disclaimers and exclusion clauses in a manner that ensures that they are not one-sided and oppressive to one party. The court’s interpretation aims at determining whether the disclaimer indeed covers the breach that has taken place. The main approach followed by the court is that exclusion of liability only occurs where clear words have been used. This implies that in case of any ambiguities in the disclaimer, the court applies the contra preferentem rule whereby the disclaimer is construed against the party that drafted it.[7] In addition, the court may still hold the party relying on the disclaimer liable where the disclaimer indicates inconsistencies or repugnancy to the major purpose of the contract. Furthermore, under common law, it is not possible for a party to exclude or restrict a fundamental breach in whatever situations because this results into unfairness.[8]
In the case scenario, it is evident the ferry company included a disclaimer on the ticket given to Phillip. Phillip had used the ferry on a previous occasion, but in both instances, he did not see the disclaimer placed on the ticket. Due to the fact that the court will interpret the disclaimer in line with the contra preferentem rule, it will find that the ticket was first written on the reverse side, meaning that it could not be easy for the party purchasing a ticket to see it. In addition, the party purchasing the ticket and reading the disclaimer could imagine that the words “All vehicles and passengers use this ferry at their own risk” were applicable to factors beyond the control of the ferry operators such as force majeure and hardship.[9] However, Phillip lost his car as a result of the negligence of the captain of the ferry. The ferry company cannot claim that the disclaimer covered the breach in question. Thus, the ferry company is still liable for Phillip’s loss.
References
Anson, William Reynell, Jack Beatson, Andrew S. Burrows, and John Cartwright. Anson’s law of contract. Oxford University Press, 2010.
Furmston, Michael Philip, Geoffrey Chevalier Cheshire, and Cecil Herbert Stuart Fifoot. Cheshire, Fifoot and Furmston’s law of contract. Oxford university press, 2012.
Koffman, Laurence, and Elizabeth Macdonald. The law of contract. Oxford University Press, 2010.
McKendrick, Ewan. Contract law: text, cases, and materials. Oxford University Press, 2014.
Perillo, Joseph M., and John D. Calamari. Calamari and Perillo on contracts. West Academic, 2009.Treitel, Guenter Heinz. The law of contract. Sweet & Maxwell, 2003.
Powell v Lee (1908) 99 L.T. 284.
Schot, Natasha. “Negligent liability in sport.” (2005).
Smith, Stephen A., and Patrick S. Atiyah. Atiyah’s Introduction to the Law of Contract. Oxford University Press, 2006.
[1] Anson, William Reynell, Jack Beatson, Andrew S. Burrows, and John Cartwright. Anson’s law of contract. Oxford University Press, 2010.
[2] Furmston, Michael Philip, Geoffrey Chevalier Cheshire, and Cecil Herbert Stuart Fifoot. Cheshire, Fifoot and Furmston’s law of contract. Oxford university press, 2012.
[5]Smith, Stephen A., and Patrick S. Atiyah. Atiyah’s Introduction to the Law of Contract. Oxford University Press, 2006.
[6] Perillo, Joseph M., and John D. Calamari. Calamari and Perillo on contracts. West Academic, 2009.Treitel, Guenter Heinz. The law of contract. Sweet & Maxwell, 2003.
[7] Koffman, Laurence, and Elizabeth Macdonald. The law of contract. Oxford University Press, 2010.
[8] McKendrick, Ewan. Contract law: text, cases, and materials. Oxford University Press, 2014.
[9] Schot, Natasha. “Negligent liability in sport.” (2005).
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City and County of San Francisco v Sheehan 575 U.S. (2015) 13-1412
City and County of San Francisco v Sheehan 575 U.S. (2015) 13-1412
Order Instructions:
I would send the assignment by email
SAMPLE ANSWER
City and County of San Francisco v Sheehan 575 U.S. (2015) 13-1412
Summary of the importance, context, purpose and relevance of law in a business environment
This Supreme Court suit was brought by a plaintiff to seek damages for being shot by police officers. Every civil law suit always aims at getting financial gains to compensate for alleged injury.
Parties before the court: The plaintiff is Teresa Sheehan while the defendants are the City and County of San Francisco.
Facts: The plaintiff was suffering from schizophrenia and residing in a group home in San Francisco. Following Sheehan’s threat to her social worker, the worker became concerned that the plaintiff was becoming a danger to herself and those around her and, therefore, summoned police officers to take the plaintiff to a mental health facility. Upon the arrival of the police, they moved into the plaintiff’s room without a warrant for purposes of taking her into custody. The plaintiff picked a knife and threatened to stab the officers. The police withdrew outside Sheehan’s room, took out their guns and forcibly entered into her room. She made another threat to the officers with a knife and the officers shot her several times. The plaintiff sued the city and the police officers for violating her rights under the Americans with Disability Act (ADA) as well as the 4th Amendment protection from warrantless seizures and searches.
Issues: The first issue before the court was whether the officers were in violation of the 4th Amendment protections due to the fact that they forced their entry into the plaintiff’s room. The second issue was whether the ADA requires police officers to make a provision for accommodation of violent, armed, and mentally ill suspects in their attempts to apprehend a suspect.
Ruling: The Supreme Court ruled that law enforcement officers were entitled to immunity from the allegations in the suit due to the fact that they had not in any way violated any established rights under the 4th Majority opinion was delivered by Justice Alito, and was joined by Justices Sotomayor, Kennedy, Ginsburg, Thomas, and Chief Justice Roberts. The judges believed that the officers had acted reasonably in the circumstance and thus could not be held liable for forcibly entering Sheehan’s premises.Justices Scalia and Kagan were torn between concurring and dissenting opinion, while Justice Breyer did not take part in the ruling. Justice Scalia dismissed both issues on the ground that they were improvidently granted.
Key judicial concepts that influenced the decisions related to business
Rationale:The key concept that influenced the decision of the court was the principle of duty of care(Krauss, 2012). Sheehan had filed a suit to claim compensation for the breach of duty of care by police due to the fact that they had unreasonably forced themselves into her room and shot her, but the court held that there were reasonable grounds for the police to claim immunity.
Opinion: I agree with the decision of the court because there was no duty owed by the police to Sheehan in line with the ADA and the 4th Amendment guarantees. The test required for the defendant to be held liable for the tort of negligence has not been met in this scenario and the plaintiff is not entitled to compensation. Otherwise, if it had been that Sheehan did not pose any danger to anybody and the police had shot her, they would have been held liable for breach of duty of care. This principle of duty of care is also applicable in business dealings.
