Different diseases may share many of the same symptoms. Because diseases have a broad range of symptoms (many of which overlap), bio-surveillance algorithms must be constructed to identify those indicators that can (individually or in some combination) accurately discriminate the presence or absence of the condition of interest, properly monitor those indicators, and provide reliable output on each specific disease’s trends. Matching the process of analyzing the data with the necessary types of data is of utmost importance when trying to obtain an early identification of a health event with minimum false positives.
select an infectious disease or condition (not tuberculosis). Consider the best approach/algorithm to monitor the disease or condition you selected. Determine the number and type of covariates the algorithm should have.
describe the algorithm that you think would best monitor the disease/condition you selected. Explain which covariates you would include in the algorithm. Finally, explain the limitations of the algorithm and the implications for public health.
SAMPLE ANSWER
An Algorithm for Monitoring Ebola
Ebola is a disease that easily spreads between primates, human beings included, whenever uninfected individuals come into contact with body fluids of those infected. It is caused by the Ebola virus, whose natural carrier is the natural fruit bat. There has been no evidence of the occurrence of air transmissions of Ebola. Research shows that the virus kills an average of 50% of patients who contract it. Due to the resemblance of its symptoms to malaria, fever, cholera and many other diseases, there is need for a specific algorithm to help in the monitoring and treatment of Ebola.
Algorithm for Ebola
I will use three steps in the evaluation of the disease for the purpose of differentiating it from diseases such as malaria and typhoid. The first step entails carrying out a non-specific laboratory test. This form of testing includes counting the number of platelets, white blood cells and liver enzymes, alanine aminotransferase (Smith, 2006). The process also includes checking for any signs of blood clots.
The second step is carrying out a specific test. This involves separating the virus from others, checking its RNA and antibodies that fight the virus in the victim’s blood (Smith, 2006). In the initial stages of the disease, medical practitioners should isolate the virus using cell culture and the evaluation of the polymerase chain reaction of the virus. They can as well use the Elisa test in arriving at the same end. In later stages of the disease, checking for the presence of antibodies produced to counter the virus is the most reliable method for determining the presence of the virus in the human body. This method also works well when working with individuals who recover from the Ebola virus. Two types of antibodies are, usually, detected at different periods after the infection. Igm antibodies can be seen only two days after the first signs while IgG are visible after about one or two weeks (Smith, 2006). However, isolating the virus through the cell culture practice is not possible. Doctors prefer PCR and ELISA since they are the most sensitive methods. An electron microscope can help identify the viruses by exposing their filamentous nature while in the cell cultures. However, it is not possible to differentiate between the different types of the virus.
Thirdly, the differential diagnosis method will help identify Ebola identify as different from other types of viruses. This method requires a lot of time since it entails the analysis of all the diseases that have similar symptoms. Such diseases include malaria, dengue fever and Marburg virus diseases.
This algorithm should have two covariates: samples of fluids from a healthy person without antibodies against the virus and other samples from an individual suffering from malaria to compare their composition with that of the individuals suspected to be suffering from Ebola.
Limitations of this Algorithm
The third part of this algorithm is expensive, involving and time-wasting. It requires diagnosing all the diseases that exhibit symptoms similar to those of Ebola. Many victims may die while doctors are still carrying out the tests. Worse still, the second part of the algorithm takes long to give the results for the presence or absence of antibodies. The method can, therefore, not be relied on in critical circumstances. The disease might continue spreading to other regions as medical experts wait for the results of their experiments
References
Smith, T. (2006). Ebola. Philadelphia: Chelsea House Publishers.
We can write this or a similar paper for you! Simply fill the order form!
Tracking the spread of diseases can be an intricate, complex, and labor-intensive process. As a result, automated surveillance systems utilizing algorithms are employed to interpret data. In this segment of your Scholar-Practitioner Project, you develop a simple algorithm to interpret data related to the disease or condition you selected last week. To aid your development, review your Learning Resources and research the construction of algorithms.
To complete this portion of your Scholar-Practitioner Project, write a 1- to 2-page paper that addresses the following:
Identify the indicators you chose to include and explain why they are appropriate.
Describe the logical process of the algorithm (you may wish to illustrate using a diagram).
Justify any other salient features of the algorithm.
Evaluate the strengths and limitations of the algorithm.
SAMPLE ANSWER
Creating an Algorithm
Detecting depression from structural MRI scans is significantly new in the mental health diagnosis. This detection requires processes including image acquisition as well as pre-processing, feature extraction, selection and classification. Identifying a suitable feature selection algorithm facilitates the enhancement of the detection accuracy. Medication algorithms for major depression disorder treatment are designed to optimize treatment implementation and the correctness of treatment strategies. Therefore, they are significant tools for treatment and avoidance of refractory depression. Treatment algorithms are express treatment protocols which aim at providing specific therapeutic pathways and tools for decision-making throughout the treatment process (Trivedi & Kleiber, 2001).
Indicators to include in the algorithm and their appropriateness
The severity indicators for a major depressive episode include recurrent thoughts of death and suicidal ideation, diminished ability to think or concentrate, feelings of worthlessness or excessive guilt, fatigue or loss of energy, psychomotor agitation or retardation, insomnia or hypertension, substantial weight loss or weight gain, increased or decreased appetite, diminished interest or pleasure, and depressed mood. These indicators are appropriate because they provide a basis for determining the severity of depression. Severity indicators are determined in terms of the number and type of symptoms exhibited by the patient. Thus, symptoms are either mide, moderate or severe depending on their degree of impairment of occupational function or the usual social functions or relationships with other people. The TMAP strongly recommends that measurement-based care should be adopted in the treatment of major depression disorder. In addition to symptom severity, it is also important to measure the side effects and global functioning at each visit in order to ensure that treatment decisions are guided by objective data (Suehs et al, 2008).
The logical process of the algorithm
The preliminary stage involves the assessment of the patient and discussion of treatment options. The first step of the algorithm is antidepressant monotherapy. Medication recommendations for antidepressant monotherapy include selective serotonin reuptake inhibitors, bupropion and mirtazipine. The selection of treatment is based on individual patient characteristics. The second step involves augmentation for patients with partial response to antidepressant monotherapy. This increases the chances for the achievement of remission without the loss of clinical improvements. Recommended augmentation strategies include addition of mirtazipine, buropion,or SSRI (Suehs et al, 2008).
The third step is for patients who do not respond to the first and second step. It involves the same medications offered in the previous stages, although a different class of antidepressants should be tried. The fourth step involves combined treatment and it is for patients who do not respond to medications prescribed in the second stage. The fifth stage is an alternative to the fourth step, with different combinations of medications. The sixth step is for patients who do not respond to the previous step. This treatment recommends the use of ECT, or vagus nerve stimulation in combination with antidepressant treatment. In the seventh stage, there is barely any evidence to guide treatment. The medications for this stage are based on expert opinion and the consensus of the TMAP panel (Suehs et al, 2008).
The algorithm requires the individualization of frequency of physician offices visits for each patient. Generally, an adequate medication trial for antidepressants need to last 8-12 weeks. Where a patient fails to respond to medication, a switch in antidepressant medication may be necessary.
Evaluation of the strengths and limitations of the algorithm
The strength of this treatment algorithm is that it is evidence-based to the extent that evidence is available for purposes of guiding treatment decisions. In cases of missing clinical data, treatment recommendations are driven by expert consensus opinion. However, this algorithm does not serve as a substitute for clinical judgment and it only provides a systematic approach to pharmacological treatment of major depression disorder (Aronson & Ayres, 2009).
For this paper, I will send the file that contains the case study to be use for this paper via the files upload. it is important to respond to the questions mentioned detail.
Mini-Case Study: Your 401(k) Account at East Coast Yachts
This case study, found on page 472 of your course text, is a continuation of the one you began last week. After carefully reading the new information presented, briefly respond to the three questions at the end (4 to 6 sentences each).
SAMPLE ANSWER
Mini-Case Study at East Coast Yachts
What implications do you draw from the graph for mutual funds?
According to Bruce (2003), mutual funds help investors to save for their retirements and other financial goals due to huge benefits that come from investment diversification and professional management. The initial implication from the graph is that different funds perform differently over time and the investor has the option of choosing the best fund in accordance with his own analysis. From the graph, it is evident that the performance of mutual funds increases with time based on the level of investment. From the date of inception, a considerable growth is realized in mutual funds over time. In the above graph, the performance of the equity mutual funds is higher than the Vanguard 500 Fund. With this regard, an investor is likely to reap huge for investing in equity mutual fund than Vanguard 500 Fund. However, an investor who invests in the Vanguard 500 Fund is still able to realize considerable level of growth for despite it being relatively lower than the equity mutual fund.
Is the graph consistent or inconsistent with the market efficiency?
When the money is put in the market, the aim is to generate more profits in return for the capital invested (Bailey & Lopez-de-Prado, 2013). In addition to making profitable returns, the investors in the market also try to outshine other markets. If the markets became less efficiency there would then be fewer returns on average and very high volatility when it comes to investment (Wilmott, 2007). The liquidity would not be able to impend the market approach and this would end up changing efficiency in terms of production of goods and services (Ross & Westerfield, 2013). On the other side, if US market became less efficient, then there would be no accurate information on market issues and there benefit in the market would be very low. When the market is not efficient, the market would become very unpredictable for investment and this is likely to affect the rate of investment. This graph is in consistent with the market efficiency curve since different investment portfolios compete efficiently in the market. Due to high returns on the equity mutual fund, the markets seem very efficient since such returns can only be achieved by less market volatility. A graph that is inconsistent with the market forces portrays irregular lines that have are can hardly be predicted by the investors.
What investment decision would you make for the equity portion of your 401(k) account?
In my opinion, the best investment decision to roll over some portion of the 401(K) so that it can be invested in individual stocks. Since the investor has a sizeable amount tied to the company’s 401(K), there is high likelihood that such investment will gain good benefits in return. According the historic performance, the funds are doing reasonably well and it is somehow safe for the investor to take a portion and gamble with some portfolio investment. In this arrangement, the investor can roll over more funds to the equity mutual fund that allows him to invest in high yielding portfolio. On the other hand, I would avoid investing in the Vanguard 500 Fund since it gives less return in the long run when compared to equity mutual funds. Despite having high fees, the equity mutual funds are profitable since the anticipated returns will cater for the high fees involved.
References
Bailey, D. &Lopez-de-Prado, M. (2013): “The Strategy Approval Decision: A Sharpe Ratio Indifference Curve approach”, Algorithmic Finance 2 (1): 99-109
Bruce J. F. (2003). Investment Performance Measurement. New York: Wiley
Ross, S. R., Westerfield, R. W., & Jaffe, J. (2013). Corporate finance (10th ed.). NY: McGraw-Hill.
Reality-Based Education Assignment;Hilton hotel Houston
Order Instructions:
Reality-Based Education Assignment
Introduction
The purpose of the Reality-Based Education (RBE) assignment is to provide students with the opportunity to interview a working manager and learn about how course materials relate to everyday managerial work and the day to day operations of a company or organization.
The end result of this assignment is a paper that discusses and analyzes what you learned.
The RBE assignment involves either a telephone interview with or an in-person visit to an organization in the Houston area. It is recommended that you select an organization that you might be interested in working for someday.
Some suggested organizations are as follows:
Banks: J.P. Morgan Chase, Bank of America, Wells Fargo, Compass Bank
Hospitals: Methodist, St. Luke’s, Ben Taub, M.D. Anderson, Memorial Hermann
Energy: Conoco Phillips, Shell, Reliant Energy, Center Point Energy, Schlumberger, Halliburton
Hotels: Hilton, Hyatt, Marriott
Retail: Men’s Warehouse, Stage Stores, Macy’s, Gap, Dillard’s, J.C. Penny; Nordstrom, Wal-Mart. Walgreens, CVS, Kroger, Fiesta, HEB.
Technology: AT&T, Verizon, BMC Software, Apple, Dell, Hewlett-Packard.
Travel: United Airlines, Southwest Airlines, Delta
Non-Profits: Houston Food Bank, Boy Scouts of America, United Way, American Heart Association.
Government: City of Houston, Harris County, Various city, state, federal, and county agencies.
You will research your chosen organization, visit the organization and/or interview the manager by telephone. Suggested kinds of interview questions are below:
1. What is the identified purpose or mission of the organization?
2. What does it produce? Or what kinds of goods or services does it provide?
3. What are key organizational characteristics (e.g., number of employees, etc..)?
4. Who are the organization’s main competitors? How does it differentiate itself?
5. Upper management of the organization – background, criteria for selection or promotion to these positions
6. Selection criteria of other employees – hiring policies, diversity policies, etc.
7. How organizational politics or other related external factors affect daily operations.
8. Type of organizational culture that prevails.
9. What is the key management concept that you studied in this organization (be specific and use terminology from the textbook) and describe how this concept is implemented, applied, or organized in this organization?
10. Anything else you find interesting, relevant, or important
In addition to discussing and analyzing items one though nine above, your paper must include the name, title, and contact information of the manager you interviewed.
Key Dates & Deliverables
Due date for paper: Sunday, December 7, 2014, via Blackboard.
Formatting
Your paper must be at least five pages long, double-spaced, with a twelve-point font and one-inch margins on each side. Cite your sources using the style of your choice (e.g., APA or MLA), and be sure to include a works cited page.
SAMPLE ANSWER
Chosen organization
Hilton hotel Houston is a glamorous piece of art and a place where utmost hospitality is a priority. Standing on a 24-storey building, Hilton hotel has been termed as largest convention hotel and is a place where every visitor wants to land. The four-diamond hotel offers refreshing experiences and is an ideal choice for corporate events and meetings. Under the management of Joseph Palmieri, Hilton hotel- Houston offers impressive hospitality services and exceptional management strategies that have placed it amongst the best hotels in America (Hilton-America’s Houston website, 2014).
Objective
To understand key management concepts of Hilton hotel-Houston
Literature review
Hilton hotel –Houston is an affiliate hotel of many Hilton America hotels. The bustling downtown of Houston is home to one of those luxurious affiliate hotels. Since 2003, when the hotel was built, it has done nothing short of offering excellent services through its food and beverage outlets and numerous hotel amenities. Other services available at the exclusive hotel are 1200 guest rooms, a spectacular appointed lobby featuring individual or more registration desk sections, a café, java jive, the lobby bar and gift shop. Executive staffed lounges, floor level rooms and technologically advanced spaces at 92000sq ft function in three floors (Hilton-America’s Houston website, 2014). The largest convention center measuring one million sq and a sky-walk connection are other features of the hotel. Wifi is available throughout as well as audio/visual for in house services. The restaurants, three ballrooms, skyline spa, infinity edge pool, health club, valet and space worth 1600 car parking garage are other stunning services offered by the hotel.
Guests have expressed great experiences of feeling valued and respected every time they visit Hilton hotel. The hotel has created a culture of innovation, continuous improvement, and excellence to help team members become the best and develop their talents. Selecting and attracting the right talent at the right time is not a new phenomenon for Hilton hotel-Houston. The management of Hilton hotel strives to recruit people who share similar goals and passion for the organization as a hospitality institution. The hotel desires to further its staff careers while wile still being true to its vision and mission.
Research method
To learn more about Hilton hotel-Houston and the management of the organization the interview method was used.
Interview questions and responses
How can you describe Hilton hotel Houston?
Hilton hotel is a hotel where hospitality is an art that never disappoints and is home to exceptional guest experiences.
What is the mission and vision of this hotel?
Our hotel prides in the mission of being the preeminence of global hospitality while our vision is to give the world hospitality warmth.
What are the values of this hotel?
Hospitality, leadership, integrity, teamwork, urgency and ownership are core values of Hilton hotel-Houston.
Which organizational goals run the hotel?
To offer the best hospitality services through global talent management.
Which hotels are major competitors of Hilton?
Five star hotels, Hyatt and Marriott are examples of Hilton’s competitors. Each of these hotels uses a unique strategy to market their hospitality and as a result have remained competitors to Hilton hotel.
How does the upper management of the hotel function?
The upper management is divided into the general manager and a team of 15 hotel executives. The GM works with those executives as the head of the committee. He makes major decisions for the hotel. The directors are also supervise managers in other respective departments. For example, Janice O’Neill who was hired as the director of sales and marketing, supervises a sales team of another 12 managers (Hilton hotel website, 2014). The board and HRM take up the role of recruiting employees.
What are the selection criteria for employees in this hotel?
Recruitment of employees is a selection criterion that Hilton hotel uses to appoint qualified and talented employees. The global websites, talent acquisition centers and university partnerships are used to facilitate the selection criteria. Once selected interviews are conducted leading to hiring the best candidates.
Which type of culture prevails in this hotel?
The culture of hospitality and growth of talent prevails in Hilton hotel.
What key management concept does Hilton hotel offer to learners or aspiring managers?
Management concepts like global talent management, engagement, diversity, health and youth opportunity are key to this hotel.
How can those concepts be implemented, applied or organized?
Key management issues have been implemented through various ways in the hotel. According to Hilton worldwide (2014), global talent management, engagement and recognition, diversity and inclusion, health and well-being are some of the ways through which these concepts are applied.
Discussion and analysis
Global talent management is a concept that implies that the hotel only succeeds when its teams have resources needed to support their employees and help them serve their guests in the best way possible. Talent management is achieved through ongoing learning opportunities leading to professional and personal talent growth. To achieve this, Hilton encourages University study, cross-cultural training, use of another language and performance management.
Engagement and recognition is a concept that Hilton hotel uses to manage employees and make them feel valued. Team member engagement is crucial for feedback through a global annual survey, which leads to changes in the hotel’s policies. Through feedback, the management has been able to improve its performance assessment and make necessary adjustments. The recognition of team members happens through giving rewards and incentives to active team members who are a fundamental part of the hotel. The recognition of leaders, managers and team members is a great way of improving the hotel’s image. Hilton hotel-Houston is proud to be associated with a general manager who is recognized for his outstanding achievements globally. Hotelier Joe, who has not even completed a decade since being recruited to the hotel recently was awarded for his efforts. He received the first organization’s award as the general manager of the year for exceptional managerial skills.
Diversity and inclusion are other key concepts for Hilton hotel’s management. Having many branches across the globe has opened doors for Hilton hotel to meet people from different cultures and diverse populations. Hilton hotels embrace diversity and view it as a stronghold for their organization. It thus is no wonder that Hilton hotel has recruited employees from across the globe. It includes all people as long as they share in the vision and have the talent to deal with the hospitality business (Hilton worldwide, 2014).
Health and well-being are core elements for the hotel business. As a result, the management believes in promoting health and wellness for team members. It is crucial for performance and service delivery as ailing employees cannot be productive. To ensure that health and well-being prevails in the organization, certain strategies have been employed by the management. Health benefits packages and sick leaves are given to team members who feel unwell. Health and wellness activities are also in place with the fitness day as a major event for the hotel. The hotel collaborates with health care providers to promote health and wellness activities and themes. Flexible work arrangements have also been made as a way of showing support for work life and other activities balance. Apart from the team members, the family of employees and staff enjoy health and wellness programs from the hotel. Through family travel programs, families unite and get to spend time with their loved ones occasionally.
In conclusion, Hilton hotel-Houston has exceptional management skills and is an incredible example of what good management can do to a hotel. Apart from Joe, showing his managerial prowess in the hotel business, he has also promoted sustenance of the environment in and outside the hotel. The green seal achievement award did not come as a surprise to Hilton hotel though it was the first in the state. The management of the hotel has ensured that it is not only about luxury and refreshments but has also taken initiative to conserve the environment and encourage the guests to do the same.
Contact information of the manager
1600 Lamar, Houston, Texas, United States 77010
Tel: 1-713-739-8000 • Fax: 1-713-739-8007
Key dates and deliverables
This interview was conducted on 4.Dec.14
Its deliverables included gaining great knowledge on management of a hotel organization. The mission and vision of the hotel as well as its culture were found to be useful components in management of the organization. Besides that, key concepts of management that made the organization stand out from the rest were also very useful.
Note: The companies mentioned herein are merely hypothetical organizations with characteristics developed to enable students to respond to the assignment. You may create and / or make all necessary assumptions needed for the completion of this assignment.
In this assignment, you, in the role of a risk manager at Simply Green Products, will draft a document that is commonly used in the business world—a memorandum to your boss.
Simply Green Products is a $10 million company that produces biodegradable packing materials that orchards use in the Shenandoah Valley to transport their apples, peaches, and pears nationwide. Biodegradable materials are more eco-friendly because they break down into the environment. Such packing materials are marketed under the name “SafePack,” which is heavily advertised in trade journals. Simply Green Products have had the name “SafePack” imprinted on all of their packing material since 2008; however, they never filed for either state or federal trademark protection. With the movement toward more eco-friendly agricultural production, the fact that such packing materials are biodegradable provides a primary marketing advantage over non-biodegradable competitors.
The company president, Shep Howard, has recently become aware of several issues that may require referral to the company’s outside counsel. Because you serve as the company’s risk manager, Howard has asked you to leverage your legal and managerial skills to draft a memorandum that addresses one (1) of the two (2) situations described below:
• An environmental group is asserting that SafePack materials are not biodegradable. In fact, the group claims that these materials are causing an environmental hazard that is seeping from a local landfill into a nearby stream. An environmental group, SafePack Materials Pollute, has sprung up and launched an Internet campaign geared toward compelling fruit producers to stop purchasing your packing materials. The situation at hand raises environmental issues that relate to the Clean Water Act and the Solid Waste Disposal Act.
• A company called Safe Choices, Inc. has accused Simply Green Products of trademark infringement, and has sent a cease and desist letter to President Howard, demanding that Simply Green Products stop using the name “SafePack”. The letter asserts that a) Safe Choices uses the SafePack name to market an emergency weather kit in the form of a backpack; and that b) Safe Choices had received a federal registration for the mark from the Patent and Trademark Office in 2002. This backpack is sold both online at safepack.com and in sporting goods stores nationwide. The letter goes on to suggest that Simply Green Product’s use of this name “constitutes a false designation of origin which is likely to confuse customers as to the source of the goods”. The intellectual property issue at hand involves the Lanham Act.
For one (1) of the two (2) situations set out above, write a three to four (3-4) page memorandum to President Howard. Ensure that you address each of the questions below within your memo so that President Howard may assess whether or not Simply Green Products needs to hire outside counsel to address the matter at hand.
1. Discuss the elements that must be present in order for one to prove a valid claim under the law(s) specified (i.e., the Clean Water Act, the Solid Waste Disposal Act, or the Lanham Act).
2. Determine whether or not the activity of Simply Green Products amounts to a violation of the applicable law (i.e., the Clean Water Act, the Solid Waste Disposal Act, or the Lanham Act).
• If you chose the environmental issue, determine whether or not seepage from your products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both. Explain your Rationale.
• If you chose the intellectual property matter, determine whether or not continued use of the SafePack name by your company would violate the Lanham Act. Explain your rationale.
3. Decide whether or not President Howard should refer this chosen matter to the company’s outside counsel. Provide a rationale for your decision.
4. Use at least three (3) high-quality academic references. As the cases discussed within the assignment are hypothetical, you will not find any solutions to them on the Internet.
Further, note that Wikipedia, blogs, and such Websites as Free Dictionary do not qualify as academic resources, whereas your textbook does. Use the Strayer Learning Resource Center (LRC) to locate high-quality academic references.
Your assignment must follow these formatting requirements:
• Include a cover page containing the title of the assignment, your name, the professor’s name, the course title, and the date.
• Draft this in the form of a letter that is typed, double-spaced, and uses Times New Roman font (size 12) with one-inch margins on all sides.
• Include your citations in the body of your letter and include your list of references at the end. All citations must follow the APA.
• Be sure to follow all additional instructions provided by your professor.
The specific course learning outcomes associated with this assignment are:
• Describe the legal environment of business, the sources of American law, and the basis of authority for government to regulate business.
• Use technology and information resources to research issues in business law.
• Write clearly and concisely about business law using proper writing mechanics.
Grading for this assignment will be based on answer quality, logic / organization of the paper, and language and writing skills, using the following rubric. Points: 240 Assignment 2: Using Your Manager Skills
Criteria Unacceptable
Below 60% F Meets Minimum Expectations
60-69% D Fair
70-79% C Proficient
80-89% B Exemplary
90-100% A
1. Discuss the elements that must be present in order for one to prove a valid claim under the law(s) specified (i.e., the Clean Water Act, the Solid Waste Disposal Act, or the Lanham Act).
Weight: 25% Did not submit or incompletely discussed the elements that must be present in order for one to prove a valid claim under the law(s) specified. Insufficiently discussed the elements that must be present in order for one to prove a valid claim under the law(s) specified. Partially discussed the elements that must be present in order for one to prove a valid claim under the law(s) specified. Satisfactorily discussed the elements that must be present in order for one to prove a valid claim under the law(s) specified. Thoroughly discussed the elements that must be present in order for one to prove a valid claim under the law(s) specified.
2. Determine whether or not the activity of Simply Green Products amounts to a violation Did not submit or incompletely determined whether or not Insufficiently determined whether or not the activity of Partially determined whether or not the activity of Satisfactorily determined whether or not the activity of Thoroughly determined whether or not the activity of the applicable law (i.e., the Clean Water Act, the Solid Waste Disposal Act, or the Lanham Act). If you chose the environmental issue, determine whether or not seepage from your products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both. Explain your rationale. If you chose the intellectual property matter, determine whether or not continued use of the SafePack name by your company would violate the Lanham Act. Explain your rationale.
Weight: 25% the activity of Simply Green Products amounts to a violation of the applicable law. Did not submit or incompletely determined whether or not seepage from your products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both if you chose the environmental issue. Did not submit or incompletely explained your rationale. Did not submit or incompletely determined whether or not continued use of the SafePack name by your company would violate the Lanham Act, if you chose the intellectual property matter. Did not submit or incompletely explained your rationale. Simply Green Products amounts to a violation of the applicable law. Insufficiently determined whether or not seepage from your products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both, if you chose the environmental issue. Insufficiently explained your rationale. Insufficiently determined whether or not continued use of the SafePack name by your company would violate the Lanham Act, if you chose the intellectual property matter. Insufficiently explained your rationale. Simply Green Products amounts to a violation of the applicable law. Partially determined whether or not seepage from your products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both, if you chose the environmental issue. Partially explained your rationale. Partially determined whether or not continued use of the SafePack name by your company would violate the Lanham Act, if you chose the intellectual property matter. Partially explained your rationale. Simply Green Products amounts to a violation of the applicable law. Satisfactorily determined whether or not seepage from your products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both, if you chose the environmental issue. Satisfactorily explained your rationale. Satisfactorily determined whether or not continued use of the SafePack name by your company would violate the Lanham Act, if you chose the intellectual property matter. Satisfactorily explained your rationale. Simply Green Products amounts to a violation of the applicable law. Thoroughly determined whether or not seepage from your products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both, if you chose the environmental issue. Thoroughly explained your rationale. Thoroughly determined whether or not continued use of the SafePack name by your company would violate the Lanham Act, if you chose the intellectual property matter. Thoroughly explained your rationale.
3. Decide whether or not President Howard should refer this chosen matter to the company’s outside counsel. Provide a rationale for your decision.
Weight: 25% Did not submit or incompletely decided whether or not President Howard should refer this chosen matter to the company’s outside counsel. Did not submit or incompletely provided a rationale for your rationale. Insufficiently decided whether or not President Howard should refer this chosen matter to the company’s outside counsel. Insufficiently provided a rationale for your rationale. Partially decided whether or not President Howard should refer this chosen matter to the company’s outside counsel. Partially provided a rationale for your rationale. Satisfactorily decided whether or not President Howard should refer this chosen matter to the company’s outside counsel. Satisfactorily provided a rationale for your rationale. Thoroughly decided whether or not President Howard should refer this chosen matter to the company’s outside counsel. Thoroughly provided a rationale for your rationale.
4. 3 references
Weight: 10%
No references provided Does not meet the required number of required Exceeds number of number of references; all references poor quality choices.
number of references; some references poor quality choices. references; all references high quality choices. required references; all references high quality choices.
5. Clarity, writing mechanics, and formatting requirements
Weight: 15% More than 8 errors present 7-8 errors present 5-6 errors present 3-4 errors present 0-2 errors present
SAMPLE ANSWER
To:
From:
Date:
Re: Trademarks Infringement and the Lanham Act
You asked me to look into the possibility of liability resulting from the claims of trademark infringement. The genesis of your inquiry was the cease and desist letter sent by Safe Choices to Simply Green Products to halt the use of the trademark SafePack. This action can be interpreted as intent by the company to pursue legal redress in claiming ownership to the trademark. While the company has a case since it has owned the trademark since 2002, the determination of infringement is not made simply on registration but by a combination of many other factors. The important thing to note is that Safe Choices has the burden of proving trademark infringement beyond doubt for damages to be awarded. Issues of trademark are governed under the Lanham Act.
The Lanham Act deals with trademarks in the US and prevents a number of malpractices including false advertising, trademark infringement and trademark dilution. The act prohibits goods which have infringed trademarks from being imported. The civil enforcement of the act awards damages and applies injunctions in order to restrict dilution of trademarks and use of false descriptions. The act gives the courts the mandate to determine whether there is a likelihood of confusion for use of a trademark or trade dress to constitute infringement.
The act specifically states that any term, word, name, device or symbol or combination of these or a false or misleading description of fact, designation of origin or representation of fact that is likely to lead to a mistake, cause confusion or to deceive connection, affiliation or association with another person, regarding the origin, approval, or sponsorship of goods, services or other commercial activities by another person is in contravention to it (Phelps, 1949). It extends to commercial advertising or promotion that is misrepresentation of qualities, characteristics, nature and geographic origin of the goods, services, or commercial activities.
The law states that people in contravention of the above specifics are liable for civil action. Safe Choices must however prove that the actions of Simply Green hurt its business or its customers and that the misleading or false statement was strictly in commerce and likely to cause harm.
The Lanham Act has had extraterritorial impact, a fact that has changed in recent times with circuit courts being given leeway to offer interpretations that may extend its scope (Robins, & Donahue, 2013). There are three parts of the original ruling by the Supreme Court of the US that are still basic to the law today. For infringement to be imputed, at least two of these factors must be met (Lemley, 1999). The first is our conduct as Simply Green, which must have a substantial effect in relation to commerce in the US. The second is that Safe Choices must be registered in the US and the third is that there must be an absence of conflict with foreign law in the dispute.
Simply Green Products has been using the name SafePack since 2008 without checking for its availability with the state or federal trademark protection. On one hand, the activities of our company have been limited to packaging of orchards in the Shenadoah valley and on the other our products are heavily advertised in trade journals. These two components on the case will likely break or make it. Given these facts, the discussion below will be centred on the facts of the case that can be argued and that will give credence to Simply Green’s defence.
The company can argue that the products it markets are completely different from those of Safe Choices Inc. This is because the markets that the two products target are entirely different. For Simply Green, the SafePack trademark designates products that are targeted at orchards that use them to transport apples, peaches and pears. The second tenet of the SafePack product from Simply Green is that it is basically packaging that is biodegradable. While it can be argued that both companies market packaging, the types and target markets of these packaging are entirely different. Safe Choices uses the name SafePack for its emergency weather kits in form of backpacks. These products are primarily for use by individuals in camps or other activities which is different from the biodegradable packaging that is not targeted at individuals but rather at orchards that are primarily companies.
Simply Green’s advertising and promotion avenues are trade journals. While such journals are of wide constitution, it can be argued that it targets those that major in agricultural activities. The Safepack trademark is thus associated with materials that are eco-friendly and breakdown organically and thus cause no pollution. On the other hand, the SafePack trademark from Safe Choices is primarily marketed online at safepack.com and in sporting goods stores in the country.
The Lanham act specifically states that the senior user, Safe Choices, which was the first business to adopt the use of the trademark, must prove the likelihood of confusion. There are three ways in which issues of likelihood of confusion arise. The first is through registration, the second through inter parties’ proceedings and the third through infringement litigation. The only way at the moment that infringement by Simply Green can be proven is through registration where the trademark belongs to Safe Choices. However, this does not constitute grounds for indictment as Safe Choices must prove that there was confusion for its customers. Simply applying the trademark is not grounds enough for infringement litigation.
The most common standard for proving infringement is through the similarity of goods provided under the trademarks. This is determined through gauging whether an ordinary prudent purchaser would likely to purchase one item while believing that he was purchasing the other. The use of the same trademark has been permitted in numerous cases before where the products are completely different. In this case, the determination of infringement will be pegged on whether a common consumer would confuse emergency kits for biodegradable packs.
The degree of care that the consumer exercises is also important in determining infringement. This is usually through the costs of goods being purchased. It is expected that the buyers who make expensive purchases are likely to be more discriminatory and thus less confused by similar trademarks. This is because these expensive items are bought less frequently meaning that the consumer exercises a lot of care to ensure that he/she gets exactly what is required. In essence therefore, the determination of whether there is a trademark infringement must be considered depending on where the goods are available. The SafePack from Safe Choices is available online as well as in sporting goods stores. SafePack from Simply Green is not likely to be found in the same locations as the company sells its products directly to its customers at the point of use. It is likely that the latter SafePack is sold in bulk while the former is sold in single units.
The matter of determining whether Simply Green has infringed on the trademark SafePack is a delicate one. However, the simple fact is that the Lanham Act explicitly indicates that the plaintiff has the burden of proof which is indicated by whether he/she has suffered economic or reputational injury stemming from a deception by the defendant in the course of advertising or other activities of commerce that causes him to lose trade from customers (Rothman, 2005). In this case, there is no proof whatsoever that SafePack from Safe Choices has suffered any injury as a result of the use of the trademark by Simply Green. The other facts are that the companies deal in dissimilar goods, target different customer segments and use different promotional avenues. These facts make the case for Simply Green.
This therefore does not necessitate the involvement of outside counsel as the matter can be amicably settled by the in-house counsel as it is not a complicated case of law with many facets but rather a straightforward claim. On the face of it, the only claim that Safe Choices has is that the trademark infringement is as a result of false designation of origin. While this is a valid claim for the infringement case, it is just a single facet that must be considered in light of all the other facts espoused in this memorandum.
Regards,
Cc:
Bcc:
References
Lemley, M.A. (1999). The Modern Lanham Act and the Death of Common Sense. Yale Law Journal, 108 (7), 1687–1715.
Phelps, D.M. (1949). Certification Marks under the Lanham Act. Journal of Marketing, 13 (4), 498–505.
Robins, L.R., & Donahue, K. (2013). Extraterritorial reach of the Lanham Act: a viable option. World Trademark Review, pp. 106–107.
How to become a successful online master’s student
How to become a successful online master’s student
Order Instructions:
Dear Admin,
I need an essay in the following subject:
How to become a successful online master’s student? And discussing how you can work together to overcome obstacles? Sharing your thoughts about the value of participating in a global, online learning community and how you might go about this?
SAMPLE ANSWER
Becoming a successful online master’s student in this digital era is quite easy. The thought of enrolling for online studies is no longer challenging as numerous schools have come up to offer exceptional and world class education for online master’s students. Like other graduate students, it is assumed that the only way to acquire professional education and establish learning relationships is through the traditional class setup. While this assumption is not wrong,
it appears that the number of universities who are willing to provide professional graduate education that suites graduate learner’s needs and time schedule are very few. As a result, many graduate students are opting for online studies to develop competent professional skills. The advantages of online studies are numerous including flexible study hours, communication, faster learning and multitasking study with other activities.
For online master’s students to become successful, it is imperative to identify a suitable course and legitimate college or university that offers the courses they want to pursue. Protocols like fee payment and handing over certificates are required to ascertain student qualifications. It is part of online orientation before getting socialized to the online school. Once those procedures are done, your social presence can be felt in the online university. The social presence of the faculty and students is very crucial for effective online learning to take place asserts (Maddix 2013: 139).
To succeed, online students have to overcome many obstacles. To start with, they should set aside a quiet room, get connected with a desktop or laptop with electricity, in preparation for online studies. Selecting the suitable hours is another challenge that students have to overcome. Minimal interference and high concentration are required for successful online learning to take place. Computer knowledge is necessary, since online students will be expected to log in and out often. Virtues that will promote successful online matures students include self-discipline, persistence, flexibility, optimism, motivation and strong work ethics will greatly contribute to succeeding as an online master’s student. For online master’s students to succeed, they need to possess a high level of personal discipline. Unlike other graduate students, online students have to train themselves to attend lectures on time as lecturers are not anywhere in sight. Discipline is the organization, keeping time, completing assignments and forwarding them on time. Persistence is the ability to start and complete the online program without calling off classes at times. It involves following up sessions where students complete their thesis on time and assignments. Flexible online students can succeed as they work with their lecturer to come up with an agreement that suits both schedules. With flexibility, master’s students can study and still do other duties. Optimistic students have high expectations and this is part of online student’s expectations. With motivation, online students can study alone and still pass exams. Strong work ethics facilitates success in many ways. It is seen through hard work despite the long consuming hours of online study and through commitment to finish all assignments and attend lecture sessions without fail.
Online students overcome many obstacles through working together as a global online community. Global online communities are a part of the changing landscape of education. They come at a time when higher education is open to development of community learning as an effective and convenient way of accessing knowledge. Global online communities have many benefits for online students and lecturers. According to Shea and Pickett (2006: 155), they create a sense of purpose through fostering elements that help students achieve what is not achievable when on their own. Global online communities create social networking and opportunities for engagement and dialogue. While many traditional classes are expected to observe silence and only ask questions when necessary, online learners are free to interact and communicate with each other. In fact, lack of physical presence increases the need for communication thus establishing stronger relationships amongst different learners from all over the globe.
According to Maddix (2013:140) the effectiveness of online learning benefits students greatly as through such interactions students, develop significant relationships with the university, students, and peers. With the main aim of online courses being creation of communities that are learned, online education offers the globe an opportunity to create leaders and professionals in a fast and less timely manner. While many students in normal classrooms sit in rows or at the back listening to lectures, global online communities receive the first active online interaction and dialogue with their lecturers. This experience creates lifetime moments and sharing. With this experience, online learners are directed to achieve communal goals and collaboration.
Global online learning opens room for culture exchange and interaction across borders. Since global online learning is accessible for all students, it does not limit learners from any culture. Equal learning opportunities are given to all learners while exchange of cultures prevails. Global online communities created do not deal with issues of discrimination or prejudice but rather work to achieve similar goals through learning
References
Maddix, MA 2013, DEVELOPING ONLINE LEARNING COMMUNITIES,’ Christian education journal, 101, pp.139-148.Education research complete, EBSCOHOST, viewed 4 Dec 2014
Identify 3 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?
The following conditions must meet in the essay:
1) I want a typical and a quality answer which should have about 1100 words.
2) The answer must raise appropriate critical questions.
3) The answer must include examples from experience or the web with references from relevant examples from real companies.
4) Do include all your references, as per the Harvard Referencing System,
5) Please don’t use Wikipedia web site.
6) I need examples from peer reviewed articles or research.
Appreciate each single moment you spend in writing my paper
Best regards
SAMPLE ANSWER
Introduction
Various discrimination laws have been enacted to protect employees at workplace regardless of their terms or duration of their engagement. Both the employer and employee should be aware of these laws that regulate acts of discrimination at workplace.
Pregnancy Discrimination
This is one of the major discrimination witnessed at work. It involves treating a woman either an employee or applicant unfavorably due to pregnancy, childbirth, or medical conditions related to pregnancy. The Pregnancy Discrimination Act prohibits discrimination in any facet of employment; hiring, firing, pay, job assignment, promotions, layoff, training, benefits or redundancy (EEOC 2014).
This law states that a female employee who is temporarily unable to execute her duties due to conditions under this act, should be treated the same way as would any other temporarily disabled employee. It forbids harassment of a woman due to pregnancy, childbirth, or medical conditions associated to pregnancy. The act allows a pregnant woman to take a maternity leave (EEOC 2014).
Disability Discrimination
Disability discrimination is the treatment of a qualified disabled employee or applicant unfavourable because of their status. Disability is the physical or mental impairment of an individual. Disability can be due to a chronic condition that one may be suffering from, for instance cancer that is in remission. It is unlawful to mistreat an employee who is disabled or has a relationship with a disabled person, for instance spouse (Blanpain, Walgrave & Jacqmain 2014).
This law requires an employer to provide reasonable accommodation to employee or applicant with a disability, unless if the accommodation will cause undue hardship. A reasonable accommodation may mean any change that the organisation can make to favour a disabled employee (Ford 2014).
The act protects those related to employees with disability. It forbids discrimination when it comes to hiring, firing, pay, job assignments, promotions, layoff, training and any term or condition of employment (EEOC 2014).
Harassment of disabled employees is illegal in this act and any action that perceived to be offensive to such an employee. Disabled employees should be helped whenever necessary during their engagement (EEOC 2014). It is the employers’ responsibility to have in place measures which help in reporting and dealing with disability mistreatment situations (Ford 2014).
Equal Pay and Compensation
The act states that men and women who do equal work and work in the same workplace should be given equal pay. Work should be substantially equal even if not identical. This law requires that all compensations and benefits be equal regardless of race, sex or disability in same workplace and equal qualification (EEOC 2014).
Paying one gender more than the other is a big violation under this act. The employers are required to reward their employees equally in regard to the duties they have delivered to the company and not as per their physical, sexual or age differences (Mallory, Hasenbush & Davis 2014).
How are these Discrimination Laws Effective?
These laws are very effective to an organisation. The effectiveness of the laws largely depends on the management in the organisation. An organisation should put in measures to enable the laws to work. This responsibility rests squarely on the leadership and management of the organisation. Managers are the first in line when it comes to the implementation of these laws (Selmi 2014).
Some acts may not be seen as discriminatory by a majority of employees or applicants. Take for instance, a woman who cannot secure a job in a construction industry due to a perception that it is a male dominated field. Consider a scenario where a young lady is fired by her boss because the boss feels that she is ugly as a secretary. The manager hires another female secretary. Such acts constitute discrimination as the intentions and their outcomes can only depend on the employer decisions (Pattson, Sanders & Ross 2014).
Looking at the two scenarios, one concludes that in the first one the employer’s decision seemed overall though its result disadvantages women. In case two, the employer’s motive is unacceptable but not discriminatory to women as the vacancy was filled by the same gender (Pattison, Sanders & Ross 2014)
Impact of the Laws to managers.
The understanding of these laws by the managers in any company can greatly help them run companies with ease. When discriminatory acts exist in an organisation, managers get hard time to run the firms. Organisation’s management can be difficult if the discrimination laws are misunderstood. The aggrieved can file civil suits in law court negatively affect a firm’s reputation. It implies that the laws should protect those who are members of such organisations (Ford 2014).
An organisation consists of individuals with different strengths, abilities and capabilities. Managers may be viewed as discriminative when they assign some duties to employees they feel can deliver them well because of abilities and talents. Managers may fear reactions from the company about doing right things that may appear as discriminatory.
A look at Stemcor Company, London
Stemcor is one of the companies that has benefited by enforcing the discrimination laws among its employees. The company is one of the leading steel firms in the world. It has a bullying and harassment policy on employees’ portal. The policy states that the company shall not entertain any form of bullying or harassment. Equal opportunity policy of the company states that the firm is a discrimination free zone and the employer is an equal opportunity provider to all employees (SGEP 2012). This means that discrimination laws have had a positive role in the firm’s success story.
Conclusion
Discrimination laws are an essential tool in any organisation that visions success. Since their enactment, the laws have been introduced to a majority of business entities though their impact depends on the leadership and management of a specific company. It is the responsibility of those in managerial positions to ensure and ascertain that every employee understands and respects the laid provisions of discrimination acts.
Bibliography
Blanpain, R, Walgrave, J & Jacqmain, J 2014, Unlawful Employment Discrimination: A Discussion of Belgian Law and Related Issues. Georgia Journal of International & Comparative Law, vol.20 no.1, p.123.
Ford, RT 2014, Bias in the Air: Rethinking Employment Discrimination Law. Stanford Law Review, vol. 66 no.1381
Mallory, C, Hasenbush, A & Davis, GK 2014, Employment discrimination based on sexual orientation and gender identity in South Carolina.
Pattison, P, Sanders, DE & Ross, J 2014, The Squiggly Line: When Should Individual Choices Be Protected from Employment Discrimination? Southern Law Journal, vol.24 no.1, p.29.
Selmi, M 2014, The Evolution of Employment Discrimination Law: Changed Doctrine for Changed Social Conditions. GWU Law School Public Law Research Paper,
Stemcor Group Ethics Policy, 2012, Group Ethics Policy: Relationship with Employees
The National Academy Of Sciences, National Academy Of Engineering, and Institute Of Medicine Of The National Academies have a more detailed and comprehensive set of ethical guidelines for scientific research:
Committee on Science, Engineering, and Public Policy (U.S.), National Academy of Sciences (U.S.), National Academy of Engineering., & Institute of Medicine (U.S.). (2009) On being a scientist: A guide to responsible conduct in research, (3rd ed.). Washington, D.C: National Academies Press. http://www.nap.edu/catalog.php?record_id=12192
Write a paper in which you discuss how you will ensure that all aspects of your doctoral research, from literature review to conducting research, to writing the dissertation manuscript will be done with care and integrity and will meet the ethical standards of scientific research. Reference the two publications above and at least five additional peer-reviewed articles.
You must justify all the steps you will take to ensure the ethical integrity of your dissertation project and not simply describe standard practice. You must show that you have your own clear set of ethical principles and that you know how to apply them to your work. You must do more than just paraphrase ethical guidelines. You must explain specifically how you will apply published ethical guidelines and concepts to what you will do in your research (as you envision it at this point).
Be sure to address the following:
• Plagiarism
• Risk assessment
• Informed consent
• Privacy and confidentiality
• Data handling and reporting
• Mistakes and negligence
• Working with a Mentor
• North central University requirements for IRB approval
Conclude your paper with your thoughts on the following statement:
Ethical scientific researchers have a commitment to all who are touched by their research—participants who share their lives and time, mentors and advisors, reviewers, future readers, and supporters and cheerleaders on the journey—to take care and do their work well.
The structure of your paper should be as follows:
Title page
Body (10-15 pages, no more or less; APA Style; use appropriate headings for organization of the paper)
References (APA Style)
Learning Outcomes:
4. Integrate knowledge of ethical practices with principles of professional practice as it applies to specific scenarios within the student’s academic discipline and specialization.
SAMPLE ANSWER
Research Ethics
Introduction
Research is an explorative activity that is undertaken for a range of reasons, though they all stem from a need to collect evidence that either supports or rejects a supposition. For students, research acts as an opportunity to accomplish their academic requirements, especially with regards to the application of their theory in practice. In this respect, the decision to complete an academic research is one that could have grave implications for a student. The research process is cumbersome, often very expensive and time consuming (Israel & Hay, 2006. For instance, the students would need to conduct extensive literature reviews, spend considerable sums in collecting and analyzing primary data, and spend considerable time in presenting the final report. Thus, if a student undertakes a mediocre research that is ultimately rejected, then they would have wasted more than just their time and money. Besides, the student must understand that the research process would require them to be very disciplined and patient. The research process – beginning with developing a research question, developing an appropriate methodology, conducting an extensive literature review, preparing a proposal, and so on – is daunting, requiring that the student be disciplined, have integrity and care for the research (Oliver, 2014). Therefore, researchers must ensure that they observe some ethical standards even as they maintain the integrity and higher levels of ethics in the research process by exploring the research core values in the real world setting.
As earlier mentioned, the research process is a formidable undertaking. Adding to its daunting nature is the need for researchers to observe research ethics in the whole process. Granting that the trustworthiness of a research report has usually been a subject of debate, its value can never be overestimated (American Psychological Association, 2014). Literature on the topic of research ethics shows that it is a normative matter whose observation is left to the studies in the form of ethical values. Ultimately, the study is expected to respect others, be trustworthy, open, objective, fair and honest in the course of conducting their research. It implies that if a researcher violates any of the values then their research would be considered unethical (Committee on Science, Engineering and Public Policy, National Academy of Sciences, National Academy of Engineering, & Institute of Medicine, 2009). For instance, if the research applies questionable research practices such as falsifying and fabricating data without informing the audience then it can be construed as having used unethical practices. A researcher intent on carrying out ethical research faces four key challenges. Firstly, how they would manage the information and data collected in the study. Secondly, how the government legislation affects their research approach. Thirdly, how the community views their research. Finally, how the participants and subjects see the study. In the long run, participation is moderated by the anticipated research benefits (Sales & Folkman, 2000). In this respect, research activities are governed by a set of ethical codes that may be intangible, but are still clear in their implications.
Extensive investigation has been conducted on the subject of research ethics. Most of the research has been with regards to ensuring that the participants’ identity is protected by a confidentiality agreement, anonymity is maintained, privacy is observed, dignity is maintained, the process is conducted with honesty, harm is prevented, and justice is done. Even though there is ample literature on the subject of research ethics, particularly academic integrity with regards to researches conducted by students, a more comprehensive, nuanced and holistic approach remains unexplored. Thus, there is very little acquiescence by students as there are minimal enforceable ethical standards associated with academic research (Mertens & Ginsberg, 2009).
Stark (2012) pointed out that research risked losing its value if ethical principles were not observed, acting irresponsibly and being disrespectful. Research ethics is a multidimensional subject that touches on dishonesty and unethical research practices. Although institutional review boards (IRB) have become an integral part of any research, there are researchers who argue that the boards are little more than figureheads since research ethics is a complex subject. The boards cannot guarantee that the research has been conducted ethically, even though they try to weed out unethical practices. In essence, the absence of a universally accepted and articulated set of ethical principles exacerbates the problem of applying ethical standards to research activities. Consequently, given the close association between all the research participants – such as the researchers, participants and community – there is a need to clarify research ethics, and ensure that researchers do not get an ambiguous understanding of the subject. According to Emanuel (2008), the process of obtaining approval from the IRB is a frustrating exercise. It is because knowledge of the subject and needs to be varied considerably. Regardless, ethical principles boil down to three primary aspects. Firstly, avoiding all harm against the community. Secondly, being open but keeping any identifying information private. Finally, ensuring that the trust level of the community is maintained (Emanuel, 2008).
Undertaking a postgraduate degree in any subject requires some level of determination and a will to succeed. As part of a degree, students will be needed to conduct a project that includes primary research where they collect both primary and secondary data and subject the data to analysis that points out data trends. It implies that the student must have the innate strengthen and determination to pursue their degree. The students are expected to conduct extensive data collection, analysis, and presentation. It is often a demanding task requiring observation of stringent directions and formats that are not guaranteed to produce the desired results. Most disturbing is the fact that some students are folding to the academic pressure and opting to apply unethical practices in their educational activities. In fact, some of them conduct shoddy research, citing resource and time constraints as the reason for that. Still, students must understand that the major purpose of research is to influence policy by providing evidence to support or discount a particular decision.
Discussion
Plagiarism
Research transgressions have the latent adversely to affect the integrity of the research activity (Loue, 2000). The threat of plagiarism is real, and many research communities have dedicated considerable resources to ensuring that it is not practiced. A majority of them infer plagiarism to mean unoriginal work whose source has not been well acknowledged. Many assumptions are ascribed to their term, thereby making it difficult for researchers to assign a precise meaning to the term (Stewart, 2011). Using an internet search engine – such as Google, Bing and Yahoo, and so on – reveals that plagiarism has a lot of meanings to different, though the core of all the definitions points to the use of secondary information without appropriately acknowledging the source of the information. All researchers – including students – are expected to understand the meaning of plagiarism, as a research term, and ensure that they prevent it in their research activities. Eventually, we realize that plagiarism is possibly the biggest source of concern for research activities. It is because different meanings are attached to the term yet any evidence of violations attracts substantial penalties that could include failing the course. Most students who plagiarize in their reports often argue that they were either under considerable stress or not careful enough thus ended up being careless when preparing the report. Even with the measures in place to counter plagiarism, the problem persists and is anticipated to remain for the foreseeable future (Loue, 2000).
The problem of plagiarism among research is a persistent problem with students often being the main culprits, although the repercussions have often being a successful deterrent against repeat offenses (Boomgaarden, Louhiala & Wiesing, 2003). The improvements in communication and information technologies have exacerbated by proving new and innovative ways for research to plagiarize without being caught or punished. The increase in publications and materials that researchers can access have complicated the problem. Plagiarism is a solvable academic problem; only requiring that the researchers properly format their publications and appropriately cite the source of information. Most students attract plagiarism penalties only because they failed to organize their compositions, mismanaged their time and did not proofread their work, thereby resulting in them ignoring some of the most fundamental citation mistakes. Still, there are researchers who intentionally plagiarize as a shortcut to completing their research (Piccolo & Thomas, 2012).
Solving the plagiarism problem among researchers requires concerted input from all the stakeholders, such as publishers, students, scholars, teachers, and schools. They must work together to ensure that all publications are professionally conducted and presented. Learning institutions play a role in the prevention of plagiarism by demanding that their students observe stringent ethical research codes and that detail what plagiarism denotes and the penalties for any violations. In addition, they would train students in the connotation of plagiarism and how it can be avoided, including testing for their understanding of plagiarism (Remenyi, Swan & van den Assem, 2011). Therefore, the academic community, particularly learning institutions, have the duty of making sure that all students are aware of the nature of plagiarism and how to avoid it, including punishment in the case of apparent violations.
If students are in doubt about the source of an idea or thought when they are conducting their research, then it is incumbent upon them to conduct additional research and ascertain the origin of the idea. It ensures that they avoid unintentional plagiarism. Ultimately, the choice to avoid plagiarism is left to the researcher. Still, any student intent on conducting research should keep abreast with any research approaches changes and ensure that they apply the latest policies in their research activities. All publishers must also be held accountable for any of the materials they publish and ensure that the material is not in violations of plagiarism principles (Comstock, 2013).
Risk assessment
Risk assessment denotes to the process of examining a situation and determining whether it presents a hazard to the researcher, participants and community. Risk assessment is a pre-requisite for any research activities that would entail evaluating happenings that are expected to affect the research participants, researcher, and community. Self-assessment is part of the risk assessment. It allows researchers to ascertain any hazards that are likely to impact their research and change the outcome. Within the research design phase, the researchers are expected to identify the risk and put measures to ensure that the risk is controlled or eliminated. In research risk assessment, the research can pinpoint common risks that can disturb the study. Some of the most common research risks include reputations of both the participants and researchers, legal obligations, and financial constraints and accountability (Stewart, 2011). Mertens and Ginsberg (2009) pointed out that results fabrication, information sources falsification, and plagiarism were the most common risks in students’ managed researches. These risks have serious implications if they occur, and students have tried to avoid them. The researcher must also be aware that research risks are dynamic, having the ability to change as the research progresses. As such, risks assessment must be conducted at regular intervals with a risk portfolio included in the research process. Comstock (2013) noted that the risk assessment dynamics and changes entailed regular information collection, evaluation and sharing with the research stakeholders who include researcher, participants, peers, and mentors.
Informed consent
Informed consent implies that a participant makes a decision to either join or desist from joining a research study based on whatever information has been availed of them. It is guided by the need to remain truthful during the course of the research and respecting all the stakeholders. If the research misinform the participants or omits some information, they whatever consent the participants may have provided would be deemed as non-consensual. Ethical research points out that a participant should only be recruited into the study after they have reviewed all the pertinent information and make their decision voluntarily. The individuals who agree to participate in the research must be protected from any apprehensions and retaliations. The same applies to persons who were approached by refused to take part in the research activity. The prospective participants must be made cognizant of the research details such as the risks and research process since they could be a part of the study. The participants will then opt to participate or not based on the information that they have been given. Meanwhile, the researcher must also attempt to shield all the participants from harm that could take the form of physical or psychological harm. In the case of minors or subjects who are legally dependent, consent for the research must be obtained from their legal guardian before they can be allowed to participate in the study. The informed consent should be well documented and stored in a secure location (Oliver, 2010; Sales & Folkman, 2000; Stewart, 2011).
Privacy and confidentiality
Privacy and confidentiality are often misconstrued as the same concept. Although, the two concepts work in concert, they are not the same. Privacy is the control over the circumstance, place and time that an individual shares the private aspects of their life with others. It suggests that a person has the right to without private information about their lives, only revealing what they consider acceptable and to a select group that they have identified (Oliver, 2010; Sales & Folkman, 2000). For instance, a research participants can choose to deny a researcher entry into their home if they feel that the information that will be collected in their home is likely to include information that they have no desire to reveal. If to take another example, a Christian could refuse to have their interview conducted on the premises of a Buddhist temple citing religious belief differences.
On the other hand, confidentiality encompasses protecting an individual’s privacy. In this case, the person who has been given the private information must observe privacy principles and only disclose the information after receiving express permission from the information source (Oliver, 2010; Sales & Folkman, 2000). For instance, a doctor should only disclose test results after they have received consent from the patient. It is expected that an individual will not disclose private information short of first getting the express permission to do so. An individual’s right to privacy is not negotiable. In fact, it is part of the bill of rights contained in the constitution. Information obtained from individuals must be kept confidential at all times, and only used for the original purpose for which the information was gathered (Stewart, 2011). For instance, if a researcher gathers information to determine how many individuals use a particular brand of soap, then they cannot use the same information to racially profile their participants unless they have received consent to do the same.
Within the academic community, confidentiality is applied as the participants’ reassurance that they are engaged in an ethical activity. Researchers usually avail a confidentiality agreement as part of the informed consent with the assurance that they will diligently observe the agreement. It helps in building a trust relationship with the participants (Stewart, 2011). There are no professional bodies to ensure that confidentiality agreements are observed and the participants’ privacy rights are respected, but the potential implications of trust being lost as a result of violating the confidentiality agreement ensures that researchers observe it. Failing to observe the confidentiality and privacy concepts have also caused researchers to face legal difficulties as participants sue them for the same. The violating researchers end up being financially liable, facing embarrassment, being physically and psychologically harmed, and even losing their jobs (Comstock, 2013). There are some statutory principles that protect participants’ confidentiality and privacy, such as Family Educational Rights and Privacy Act (FERPA). FERPA is a federal act that limits public access to the academic records of students that are held by education institutions. These records can only be accessed after receiving written permission from the students, their guardians or their legal representative (Howard, McLaughlin & Knight, 2012). Another statutory principle is the Health Insurance Portability and Accountability Act (HIPAA). HIPAA is a federal act that protects patients’ information from unauthorized access, mentioning the instances when third parties can access the information (Howard, McLaughlin & Knight, 2012).
It is incumbent upon the researcher and convenient that they observe all privacy and confidentially agreements as stated in the informed consent form. Although errors and lack of judgments could be occasionally expected, the researcher must exert considerable effort to guarantee that all data is protected and applied as stated in the confidentiality agreement. They must observe all the established principles regarding research practices and activities. It will limit and prevent any accidental abuse of the participants’ confidentiality and privacy (Comstock, 2013).
Data handling and reporting
The research process entails collection, reporting and handling of data. If it is undertaken correctly, then the research process can be guaranteed to be legitimate. Research involving human participants (subjects) will require approval from the IRB before the research can proceed. Every institution that is engaged in conducting human study is necessary to have an IRB that is mandated by the federal government to guide the research process and ensure that no human violations occur. It also applies to research on human behavioral patterns. Researchers are expected to ensure that even as they carry out the research activities, they remain sensitive to the well-being of the human participants. Data handling must follow all the IRB stipulations since mishandling could have an adverse impact on the research outcome (Emanuel, 2008). Every education institutions have a set of principles that students must observe when handling research data. Data validity or invalidity is not only a reflection of the researcher’s inability to conduct the research, but also the institutions inability to track research they are supposed to be regulating (Stark, 2012).
Primary data collection can take either of four forms. Firstly, the data can be collected using structured questionnaires that ask questions with a list of optional answers included. Secondly, the research subjects can be observed in their natural setting and their behavior noted. Thirdly, the participants can be asked to take personal notes that are then evaluated to determine trends. Finally, the participants can be subjected to an interview that is then recorded using a tape recorder. The most significant feature of data collection is that the researcher must be consistent in their choice of methods. The same method must be used for all participants to ensure that the data is consistent and comparable. Ultimately, an independent individual should be able to replicate the same results (Emanuel, 2008; Stark, 2012).
Once collected, the data should be securely and responsibly stored, with unauthorized access prevented. It will allow for easy retrieval and referencing in the future. In addition, secure storage allows for pertinent and valid questions about the data to be asked in future research. Even as the data is stored securely, the researcher must have a contingency plans that allows them to recover the data in case of a loss in the primary data storage unit (Emanuel, 2008; Stark, 2012).
Mistakes and negligence
Research is not immune to mistakes and negligence. The whole process requires human input thereby introducing the possibility of errors being made. In fact, even the process of writing a research report challenges and creates some complexities for the researcher as some researchers have little to no experience with writing comprehensive research reports. Educational institutions have taken measures to reduce the errors by training students on how to conduct research and report their results (Stewart, 2011). Regardless, mistakes and negligence has not been entirely eliminated from the research process.
Research must eliminate errors from mistakes and negligence whether the research is conducted by a novice or an expert at research. Each researcher must ensure that their conduct is above reproach. Additionally, the panel that reviews the research process as it is carried and report before publication must ensure that the research meets the highest levels of standards and expectation. Even before publication, the report should be proofread and checked for common mistakes and negligence (Loue, 2000). Researchers who are found to have made mistakes and have been negligent should be punished for the same since it is incumbent upon them to ensure that the research has followed a rigorous process.
Working with a Mentor
Mentors are guides who review the research process and point out mistakes or make commendations. They facilitate the research process by ensuring that the research meets all the necessary requirements and guidelines (Comstock, 2013). Most educational institutions have a mentoring program that assigns prominent researchers to students who are carrying out the research. The mentor guides the student through the research, placing particular emphasis in ensuring that the research meets the institutional expectations.
There is no argument that a mentor is necessary for encouragement, expertise, and support. A student who has a diligent mentor should expect to complete successfully and defend their research before a panel of scholars. Additionally, it allows the student to gain the experience and knowledge that will permit them to be successful independent researchers. From as early as the research idea conceptualization to the final publication, a mentor guides the student at every step. Offering feedback and reprimands where necessary (Comstock, 2013).
Northcentral University requirements for IRB approval
The Northcentral University is an education institution. The federal government expects that an institution have an IRB since that is a federal requirement for any institutions that conducts research with human subjects. The institution has an IRB board that oversees all research activities in the institution by establishing research guidelines and ensuring that they are diligently observed. Essentially, the board conducts five primary activities. Firstly, it protects the privacy of the research subjects. Secondly, it guarantees the safety of the subjects and their data. Thirdly, it ensures that the subjects have signed an informed consent and were aware of what the research entails. Fourthly, it ensures that the subjects are selected randomly using a fair process. Finally, it provides that the subjects are not subjected to risks, with any risks minimized. In addition, the IRB ensures that the research is in compliance with all the relevant federal legislation concerning handling of human subjects and living matter. Before the research can be undertaken, the IRB must first approve the research proposal (Emanuel, 2008; Stark, 2012).
Conclusion
One must accept that research is a complex process, especially if it involves human subjects. If not diligently evaluated, the research can offer an opportunity for the students to be dishonest. The researcher must ensure that they diligently observe the ethical codes governing their research practice, including the principles set by their particular institution. Their failure to observe the ethical principles should attract stringent reprimands that deter such behavior in the future. Part of the principles should address plagiarism among researchers, assessment of the risks inherent in the research, informed consent, privacy and confidentiality, and data handling and reporting. Including a mentor in the research process will ensure that the researcher does not make any mistakes in the research process. The IRB provides additional reviews the context of ensuring that the research meets federal standards. Therefore, researchers must ensure that they observe some ethical standards even as they maintain the integrity and higher levels of ethics in the research process by exploring the research core values in the real world setting.
References
American Psychological Association (2014). Ethical Principles of Psychologists and Code of Conduct: Including 2010 Amendments. Retrieved from http://www.apa.org/ethics/code/index.aspx
Boomgaarden, J., Louhiala, P. & Wiesing, U. (2003). Issues in Medical Research Ethics. New York: Berghahn Books.
Committee on Science, Engineering and Public Policy, National Academy of Sciences, National Academy of Engineering, & Institute of Medicine (2009). On being a scientist: A guide to responsible conduct in research (3rd ed.). Washington, D.C: National Academies Press.
Comstock, G. (2013). Research Ethics: A Philosophical Guide to the Responsible Conduct of Research. Cambridge: Cambridge University Press.
Emanuel, E. (2008). The Oxford Textbook of Clinical Research Ethics. Oxford: Oxford University Press.
Howard, R., McLaughlin, G. & Knight, W. (2012). The Handbook of Institutional Research. Hoboken, New Jersey: John Wiley & Sons.
Israel, M. & Hay, I. (2006). Research Ethics for Social Scientists. Thousand Oaks, California: Pine Forge Press.
Loue, S. (2000). Textbook of Research Ethics: Theory and practice. Berlin, Heidelberg: Springer Science & Business Media.
Mertens, D. & Ginsberg, P. (2009). The Handbook of Social Research Ethics. Thousand Oaks, California: SAGE Publications.
Oliver, P. (2010). The Student’s Guide to Research Ethics. New York: McGraw-Hill International.
Piccolo, F. & Thomas, H. (2012). Research Ethics Consultation: A casebook. Farnham: Ashgate Publishing.
Remenyi, D., Swan, N. & van den Assem, B. (2011). Ethics Protocols and Research Ethics Committees. London: Academic Conferences Limited.
Sales, B. & Folkman, S. (2000). Ethics in Research with Human Participants – Volume 9. Washington, D. C.: American Psychological Association.
Stark, L. (2012). Behind Closed Doors: IRBs and the Making of Ethical Research. Chicago: University of Chicago Press.
Stewart, C. (2011). Research Ethics for Scientists: A companion for students. Hoboken, New Jersey: John Wiley & Sons.
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Defensive practice strategies the NP could employ to prevent a lawsuit
Defensive practice strategies the NP could employ to prevent a lawsuit
Order Instructions:
• Write a 5 page paper in which you present a case involving malpractice. This case may either be fictional or true. Identify defensive practice strategies the NP could employ to prevent a lawsuit relative to the case you present.
• Next, research malpractice insurance and clarify whether the NP would be covered and to what extent in the case you presented
Resources
Please review the following web resources:
Kleinpell, R. 2009. NPs Role in Improving Quality and Safety: Focusing on Outcomes
ACNP – Nurse Practitioners and Malpractice/Liability
Frazee & Grozel (2009). -Advance for NPs and PAs – Defensive Medicine: Right or Wrong?
Edmunds & Scudder (2009). Malpractice Litigation Continues to Be of Concern to Nurse Practitioners
The Agency for Healthcare Research and Quality (AHRQ) – Patient Safety Network
Quality and Safety Education for Nurses (QSEN)
The National Database of Nursing Quality Indicators (NDNQI)
Joint Commission – National Patient Safety Goals
SAMPLE ANSWER
There are many examples of medical negligence in Nursing Practice that is embodying the health departments a lot of money inform of malpractice claims. The malpractice in the medical arena is a crisis that is currently rapidly spreading across the Nursing Practice profession and bears a lot of relevance to the losses the Nursing Practice has incurred; as a result. One major aspect of the malpractice crisis is that explicitly includes the litigation against Nursing Practice centers as a target from the medical seekers (Graham et al. 2006). When a patient suffers damage harm in the care of medical professionals, either as a result of error, negligence, or a related malpractice, the hospital where that person received care may be held responsible for the losses that are suffered or pain that the patient endures in the medical practice center as a lawsuit for negligence. Hospitals are tasked with serving their patient needs and maintain their safety; but, sometimes, there is a compromise in patient safety due to the failure of the hospital to take the necessary processes in the prevention of negligence and medical error (Graham et al 2006). The instance in am considering in this paper is a nursing mistake as a result of negligence whereby the nurse fails to communicate the complaints, symptoms or concerns of the patient to the doctor or other professionals in the medical fraternity.
In the case scenario described above, it is a malpractice instance where the hospital negligence issue impacts both the nurse and the hospital, although mostly the nurse can be held liable. This is a scenario where the nurse was fully responsible to handle the situation since the nurse is the one who had the most frequent patient contact. The nurse was actually tasked to come in and conduct check-ins routinely, administer medications, feed the patient as well as administer small medications, or take some tasks like conducting x-rays, and much more services for the patients as required by the Nursing practice. In the case mentioned, the nurse failed to act in the way he was required and therefore he committed a medical error by failing to act in the manner that would have prevented harm to the patient, actually, in this scenario both him and the patient are liable and can face a law suit by the patient (Clark & Hankins 2013).
See, Nursing Practice physicians must comprehend and effectively communicate to their patients who are experiencing certain symptoms, conditions or have complaints to the doctor, since this is very crucial in managing their sickness since these nurses are usually involved in the first team that diagnoses the patients and then proceeds with the process of treatment, and are tasked with monitoring symptoms more especially. Therefore, having established that the actions of the nurse constituted medical malpractice associated with the Nursing Practice, it is crucial to identify the various defensive strategies the Nursing Practice could employ to prevent any possible lawsuit relative to the negligence case covered (Clark & Hankins 2013).
There are several instances when the Nursing Practitioners have been found guilty of nursing malpractice when such cases hit the courts and hence the hospital in this case scenario has to employ certain strategies that would avoid litigation as a result of unprofessional conduct of failing to communicate the symptoms, complaints and concerns of the patient the medical practitioner. After establishing that the nurse was in fact liable for the malpractice committed, the hospital can first avoid the costly and lengthy battles in court through settling the case because obviously the nurse, and the hospital, are clearly on the wrong here. Otherwise, the hospital or the nursing practitioner would have to consult their insurance company for malpractice to represent them in case the patient chooses to settle the case in court. All in all, the best approach that is suggested is to try as much as possible to settle the issue out of the court of law, and they should only be positive about the court route if they envision that they will have a substantial case before the court of law (Budetti 2005). If the client proceeds with the case, a presents it before the court of law it may impact the nursing practice in more than one fold. First, the reputation of the nursing practice will have been destroyed in the event the hospital losses, and actually by the look of the facts that are present, the hospital will most probably be on the losing end. The hospital might even suggest offering free medical treatment to the patient until the patient recovers fully from their condition, besides assigning a new nurse to handle the complaints, concerns, and symptoms to the doctor or healthcare professional (Budetti 2005).
The major function of the Nursing Practice Malpractice liability cover is to defend the nursing practitioner from being litigated as a result of legal lawsuits that come by as a result of acts of neglect, either perceived or real, in the roles they play as healthcare providers (Edmunds & Scudder 2009). Most of the Nurses and healthcare practitioners depend mainly on their employers, that are the hospitals, to cover them in times of legal trouble, and this often exposes them in ways in which the various personal malpractice policies would cover them. It is important that nursing practitioners only entrust their professional integrity to themselves, not to anyone else. Therefore all the cases that are liable for litigation are covered under the insurance liability of the Nursing Practice (Edmunds & Scudder 2009).
The case analyzed in the case scenario falls under the category of the cases that can be handled under the malpractice insurance that is defined under the Nursing Practice. This is because it satisfies the criteria of the issues of neglect that are outlined in the insurance act (Frazee & Grozel 2009). This is was a case of neglect whereby the nurse did not communicate the symptoms, complains and concerns to the doctor or a medical practitioner. It doesn’t matter whether the nursing practitioner did this intentionally, or they were implicated to have done it, what matters is that it was a case of neglect that was practiced by the nurse. The nurse and the hospital will, therefore, be covered in the insurance for malpractice in the Nursing Practice (Frazee & Grozel 2009).
It is clear that all the four elements that are mentioned to prove that the case qualifies to be classified as a case on nursing negligence. The first element is that the case must have involved the issuing the wrong type of dose or the wrong dose to the patient (Kleinpell, 2009). This element has to prove that the physician in the healthcare profession or providers had a duty to provide health care to a specified patient or patients. The second element that is clear from the case scenario is that the nurse or healthcare professional or the healthcare facilities failed to provide the standard of the designated medical care to the patient. The third element that is still applicable to this case to be successively classified as insurable under the insurance for malpractice in the Nursing Practice is that the failure of the nurse to communicate the complains, symptoms and concerns of the patient might have resulted to harm to the patient the nurse was attending to. The fourth and last element that the case described above satisfies so that it falls under the nursing practice insurance is that the patient can possible prove that there were damages which might have impacted his health negatively such as his ability to work, and implications on his finance. The case described above therefore is fully covered under the insurance for nursing malpractice insurance, and hence the appropriate insurance they are insured to shall guide them on how to proceed with the patient case in their hands (Kleinpell, 2009).
In conclusion, when a patient suffers damage harm in the care of medical professionals, either as a result of error, negligence, or a related malpractice, the hospital where that person received care may be held responsible for the losses that are suffered or pain that the patient endures in the medical practice center as a lawsuit for negligence. The case analyzed is a nursing mistake as a result of negligence whereby the nurse fails to communicate the complaints, symptoms or concerns of the patient to the doctor or other professionals in the medical fraternity. It can be avoided by settling it out of court, but, still it is covered under the insurance on nursing malpractice.
References
Budetti PP. (2005) Tort Reform and the Patient Safety Movement. JAMA.; Jun 1: 293(21):2660-2662
Edmunds & Scudder (2009). Malpractice Litigation Continues to Be of Concern to Nurse Practitioners
Frazee & Grozel (2009). -Advance for NPs and PAs – Defensive Medicine: Right or Wrong?
Graham EM, Petersen SM, Christo DK, Fox HE (2006). Intrapartum electronic fetal heart rate monitoring and the prevention of perinatal brain injury. Obstet Gynecol. Sep; 108(3 Pt 1):656-66.
Kleinpell, R. (2009). NPs Role in Improving Quality and Safety: Focusing on Outcomes
ACNP – Nurse Practitioners and Malpractice/Liability
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This paper comes I two sections and each section must have a reference list at the end of that section, and in section B I will send the file to use to respond to the first question and for the second section, you will search online as mentioned by the prof to be able to complete that section. Please it is important to use proper APA and details are critical for this paper.
SECTION A (1.5 pages Minimum)
The Role of the NP in Improving Quality and Safety Conduct a literature search to locate at least one article that addresses the role of the nurse practitioner in improving patient safety and quality of care delivered. Once you have done this, prepare a posting in which you:
• Describe the role of the NP in promoting quality and safety in the U.S. health care system.
• Propose a minimum of three methods for the NP to ensure continuous improvement in the quality and safety of healthcare systems.
Include a reference list for this section right here before starting section B (4 references)
SECTION B (1.5 pages minimum)
National Patient Safety and the Role of the NP
After reviewing, please address the following in your discussion:
• Describe methods the NP will use to identify and prevent verbal, physical and psychological harm to patients and staff.
Next, search and review the AHRQ Patient Safety Network online
After reviewing, please address the following in this section:
• How can the methods you described above be integrated into the role of the NP? Propose new methods you feel can make an impact on national patient safety resources, initiatives and regulations. How can these add to the continuous improvement in the quality and safety of healthcare systems?
Include a reference list at the end of this section ( 4 references minimum)
Resources
Please review the following web resources:
Kleinpell, R. 2009. NPs Role in Improving Quality and Safety: Focusing on Outcomes
ACNP – Nurse Practitioners and Malpractice/Liability
Frazee & Grozel (2009). -Advance for NPs and PAs – Defensive Medicine: Right or Wrong?
Edmunds & Scudder (2009). Malpractice Litigation Continues to Be of Concern to Nurse Practitioners
The Agency for Healthcare Research and Quality (AHRQ) – Patient Safety Network
Quality and Safety Education for Nurses (QSEN)
The National Database of Nursing Quality Indicators (NDNQI)
Joint Commission – National Patient Safety Goals
SAMPLE ANSWER
Quality and Safety and the role of the NP
Section A
Nursing Practitioners are registered nurses whose contribution to healthcare facilities goes beyond the scope of a traditional nurse. This is because nurses have been known to act as subordinates to doctors when it comes to their positions in healthcare centers. This is made possible by the fact that their training and practical exposure is more advanced than that done by registered nurses. The position of Nursing Practitioner is necessary in the USA’s healthcare system because they play a major role in the promotion of quality and safety in the delivery of healthcare services. This is achieved through several roles that they carry out in their day to day operations (Haig et al, 2006).
Overseeing the management of chronic and acute illnesses through diagnosing, evaluating and managing their treatment. While general practitioners and registered nurses have the capacity to handle these ailments, it is important to note that the authority of registered nurses is limited while the skills of the general practitioner allow for superficial management. Nursing practitioners therefore bridge this gap (Montalvo, 2007).
Another role of nursing practitioners is the accessing and analysis of the historical records of patients as well as the conducting of physical examination to investigate the impact of acute ailments and the progress of their management (Cronenwett et al, 2007).
Nursing practitioners also order and perform diagnostic studies when these are needed. These diagnostics include MRI scans and X rays.
Nursing practitioners also take part in the prescription of medication for patients who have chronic or acute sicknesses. It is however important to note that there is a variance in the authority they have in doing this depending on the state they practice in (Hughes and Mitchell, 2007).
Nursing practitioners also provide healthcare advice to patients on how they can improve and maintain their health.
Methods Nursing Practitioners can implement to ensure continued improvement of healthcare
The first thing that nursing practitioners can do to improve the quality of healthcare is to document their work experiences so that others can learn from them.
Secondly, nursing practitioners can also formulate best practices which can be used in the management of chronic conditions so as to further alleviate the pain and suffering that these patients undergo.
The third thing that nursing practitioners can to in their effort to improve the quality of healthcare in the country is to lobby for legislative changes that will guarantee them more power to prescribe medication since they have the greatest deal of contact hours with these individuals.
References
Cronenwett, L., Sherwood, G., Barnsteiner, J., Disch, J., Johnson, J., Mitchell, P., … & Warren, J. (2007). Quality and safety education for nurses. Nursing outlook, 55(3), 122-131.
Edmunds & Scudder (2009). Malpractice Litigation Continues to Be of Concern to Nurse Practitioners
Haig, K. M., Sutton, S., & Whittington, J. (2006). SBAR: a shared mental model for improving communication between clinicians. Joint Commission Journal on Quality and Patient Safety, 32(3), 167-175.
Hughes, R. G., & Mitchell, P. H. (2008). Defining Patient Safety and Quality Care.
Montalvo, I. (2007). The National Database of Nursing Quality IndicatorsTM (NDNQI®). OJIN: The Online Journal of Issues in Nursing, 12(3).
Section B
There are three things that a Nursing Practitioner can do to ensure that the prevention and identification of psychological, verbal and physical harm to the patients and staff. The first of this is to work on the work environment. This environment needs to be defined through high levels of trust and respect. In such an environment an individual who has been harmed will confidently confide in someone on a position to help without any fear of his or her information being leaked. This trust can be achieved through teamwork training which will bolster trust not just for work but also for the social interactions between individual healthcare workers (Moote et al, 2011).
Secondly the Nursing Practitioner can achieve the prevention and identification of the different forms of harm through the development of a culture that does not foster or tolerate hostility in the work place. The main cause of hostility in the workplace is the aggressor feeling threatened unnecessarily. This tension can be reduced by making the working environment at the healthcare center relaxed with emphasis on the importance of bonding with one’s workmates. The ARHQ recommends the establishment of safety measures at different levels of the healthcare center’s management so as to create an organization-wide culture of commitment to safety (Nettina et al, 2013).
Last but not least, Nursing Practitioners can also employ the use of best practices such guidelines on how to avoid sexual harassment in the office. These best practices can be coupled with legal approaches which will help in ensuring that those who are found to have been harmful to others in the workplace face the law for their actions. It is important for the information about the different forms of harm to be placed in the contract document that employees sign as they start their employment. Their signing of these contracts binds them to the rules and regulations set by the employer or since it indicates their agreement to abide by the terms of employment. . According to the ARHQ, disruptiveness and unprofessionalism pose a grave danger to the patients. Physicians are therefore encouraged to behave in an ethical manner to ensure the safety of their patients (Frazee and Grozel, 2009; Haig et al, 2006).
Proposals
To improve safety and quality standards in healthcare, American nursing practitioners need to be going on ‘exchange programs’ to clinics and facilities in different jurisdictions and possibly other countries so as to expose them to different approaches to safety and quality.
Appraisals for nursing practitioners and other individuals working in healthcare also needs to be conducted on the basis of adherence to safety standards.
References
Frazee & Grozel (2009). -Advance for NPs and PAs – Defensive Medicine: Right or Wrong?
Moote, M., Krsek, C., Kleinpell, R., & Todd, B. (2011). Physician assistant and nurse practitioner utilization in academic medical centers. American Journal of Medical Quality, 26(6), 452-460.
Nettina, S. M., Msn, A. B., & Nettina, S. M. (2013). Lippincott manual of nursing practice. Lippincott Williams & Wilkins.
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