Amputation Mishap - 1398 Words

Amputation Mishap The Neighborhood News reports of a medical error at The Neighborhood Hospital. The report states a 62 year-old male patient underwent surgery to have his leg amputated only to discover the wrong leg was amputated during surgery. The newspaper article states the mishap is negligence. In the following paragraphs, negligence, gross negligence, and malpractice are discussed and determine if the newspaper’s statement of negligence is correct. Ethical principles in nursing and nursing documentation regarding such issues are also discussed. Negligence and malpractice fall under the tort laws definition. According to Guido (2010), â€Å"Torts are civil wrongs, not based on contracts, but on personal transgressions in that the†¦show more content†¦6. Damages. The amputated leg cannot be replaced; therefore the patient is entitled to compensatory damages regarding pain and suffering, permanent disability, disfigurement, emotional damages as well as financial loss and medical expenses. In this scenario, all six elements to prove malpractice are present. The negligence is by licensed personnel in a hospital setting. Using the definitions and criteria above, the newspaper incorrectly defines the mishap as negligence. The correct term to use in this case is professional negligence or malpractice. Nursing documentation should be reflective of the patient’s hospital stay. This includes identifying and addressing patient needs, assessments, problems, limitations, and responses to nursing interventions. According to Guido (2010), â€Å"Documentation must show continuity of care, interventions that were implemented, and patient responses to the therapies implemented. Nurses’ notes are to be concise, clear, timely, and complete† (p. 197). Guido (2010) lists the following guidelines for nurses to use to ensure documentation is complete and accurate (p. 197-209): 1. Make an entry for every observation. If documentation is absent, it can be assumed an observation did not take place. 2. Follow-up as needed. Evaluation and observations require follow up to ensure appropriate patient responses and optimal outcomes. 3. Read nurses notes prior to givingShow MoreRelatedAmputation Mishap; Negligence Essay1556 Words   |  7 PagesAmputation Mishap; Negligence Carmen Holder HCS/478 February 4, 2013 Barbara Gilbert, EdD, MSN, RN, CNE Amputation Mishap; Negligence Confused by a repeating dream, Joseph Benson wakes up and realizes the wrong leg was amputated. Even under the best of circumstances, mishaps such as this one do occur as a result of negligence and cause unnecessary duress to patients. This paper will discuss the difference between negligence, gross negligence, and malpractice. I will present my opinion ofRead MoreNegligence Paper1087 Words   |  5 Pagesin the past few years, wrong site surgery continues to happen at an alarming rate of 40 times per week in the United States alone (â€Å"Wrong-site surgery still happens 40x/week†, 2011). Throughout this paper The Neighborhood newspaper article, â€Å"Amputation Mishap; Negligence†, will be discussed. There will be a differentiation between negligence, gross negligence, and malpractice. I will make a decision regarding whether the incident referenced in the newspaper article was negligent or not. I willRead MoreNegligence Paper1529 Words   |  7 PagesBenson in the Neighborhood Newspaper article, a mistake was made that was irreversible. He went into the hospital to have his leg amputated, and the doctor amputated the wrong leg. The question is was the doctor negligent in his practice? Is the amputation of the wrong leg considered to be malpractice on the doctor’s part? This paper will differentiate between negligence, gross negligence, and malpractice. After differentiating between these terms, it will be determined if the doctor operating onRead MoreNegligence: Medicine and Ethical Principles1196 Words   |  5 Pagesin the course materials section of University of Phoenix student Website. The article â€Å"Amputation mishap, negligence cited† is about the wrong leg amputation of 62-year-old Joseph Benson, a diabetic patient who suffered from poor circulation for five years. The hospital where he had surgery is experiencing nursing shortage and union problems (Pearson Health Science, 2011). The incidence of wrong leg amputation occurred as a result of negligence. This could have avoided by completing a pre proceduralRead MoreHow Chondrosarcoma Is An Unusual Tumor Or Cancer Growth Mainly Affecting The Surface Of Cartilage Joints991 Words   |  4 Pagesalso be a factor in someone being diagnosed with CS. Overexposure to radiation causes fluctuations in the way cells reproduce causing them to duplicate radically and uncontrollably. Diagnosis Tests In many cases diagnosis may be accidental or by mishap; something as simple as a broken bone could confirm the presence of chondrosarcoma. If the cause of the fracture within the bone was a small incident or trauma, then the patient may be reviewed further for the possibility of CS; however, the percentageRead MoreNegligence: Tort and Position Statement1881 Words   |  8 Pagesmalpractice. Based on this information, the author will provide a position statement along with a rational for his decision. This position statement will indicate whether the case presented in the Neighborhood’s newspaper article, entitled â€Å"Amputation Mishap; Negligence†, presents a case of negligence, gross negligence, or malpractice. The importance of documentation and its correlation to potential negligence will also be presented. The ethical principles that would guide my practice if I were theRead MoreNegligence Paper1180 Words   |  5 Pagesor the risk thereof. Serious injury specif ically includes loss of limb or function† (Dillon. 2008.).† This was an all too familiar of a situation for one Mr. Joseph Benson a 62-year-old diabetic with circulation problems that required a leg amputation. In this paper I plan to explore the legal implications in regards to the differences between negligence, gross negligence and malpractice. I will also explore some rational as to why union problems and/or nursing shortages could have been theRead MoreThe Hardships for the Mother of a Child with Cancer in People Like That Are the Only People Here,† by Lorrie Moore1212 Words   |  5 Pagesheals her grief and allows her to face another day. The whimsical and quirky tone ultimately shifts to a matter-of-fact tone, depicting the mother’s detached attitude toward her atmosphere. â€Å"Pediatric cancer and chemo stories: the childrens amputations, blood poisoning, teeth flaking like shale, the learning delays and disabilities caused by chemo frying the young, budding brain.† The mother talks about the â€Å"cancer and chemo stories† as if they were a normal, everyday routine. As the mother wasRead MorePaper on Work Place Safety10014 Words   |  41 Pagesuse of the machine and could result in damage. Also, with the high complexity, design, sophistication and high cost of acquisition, measures should be taken to ensure human and product accidents and mishaps are managed. Design faults and deficiencies can cause and/or contribute to accidents and mishaps in the workplace. It is therefore, imperative that the product design and engineering phase be factored into consideration and analysis when discussing Workplace Safety. This is basically a preventiveRead MoreUnit 4222-208 (Hsc 027) Essay12711 Words   |  51 Pagesoccur ACCIDENT REPORTING The dictionary definition of an accident as â€Å"an unforeseen event† is not particularly helpful in the context of health and safety. It is more useful to categorise such events which happen in the workplace (referred to as â€Å"mishaps† in this procedure) as follows: †¢ Incident – any unplanned occurrence that leads to damage to property, plant or equipment. †¢ Accident – any unplanned occurrence that leads to the injury of personnel or other persons involved in our activities,

Effects Of A Non-Traditional Family On Children Essay

A family helps mold each person into who they eventually will become. The family is a guide for the success of a childs future. The stability of family creates a building block for how the child will progress throughout life. When parents divorce, the children are left with no stability causing them to lose basic concepts of childhood that may carry with them throughout life. Children of divorced parents have less success and happiness creating less productive citizens in our nation. Watching parents take a home from a traditional family lifestyle to a broken home by getting a divorce is very devastating to a childs mental well-being. As Judith Seltzer notes, Recent reviews summarize evidence that children are emotionally†¦show more content†¦The actual separation of my parents was not the exact reason I became depressed, the actual reason being that everything else changed as well as my family situation. I had to adapt to a new lifestyle, both socially and economically. Man y experts on divorce and the effects on children agree that the actual separation of parents may not be the leading factor in depression. Robert Aseltine explains, Divorce is seen as setting off a chain of negative events and transitions that are causally related to youths psychological distress and may be more potent stressors than the physical separation of parents (134). My personal experience has shown that money does not last as long when only one income supports the same number of children as two incomes previously supported. Aseltine concurs by stating, Economic hardship isÂ…thought to play a prominent role in explaining childrens distressÂ…Disrupted families generally experience dramatic declines in standard of livingÂ… (134). When any person goes from one standard of living to a substantially lesser standard of living in a short amount of time they will have emotional stresses that will be difficult to deal with. This will cause great stresses in their lives crea ting barriers toward success. Financial situations are not always the main stress factor in depression among children of divorced parents. Depression may also be due to the sudden change of everything a child knows. SurvivingShow MoreRelatedEffects of a Non-Traditional Family on Children1745 Words   |  7 PagesFamily helps mold every person into who they eventually will become. The family is a guide for the success of a childs future. The stability of family creates a building block for how the child will progress throughout life. When parents divorce, the children are left with no stability causing them to lose basic concepts of childhood that may carry with them throughout life. Children of divorced parents have less success and happiness creating less productive citizens in our nation. Watching parentsRead MoreThe Effect Of Family Structure Change On Children s Development931 Words   |  4 PagesThe influence of family structure change on children s development In recent decades, the changes in the structure of families cause public attention. Among those changes, children may experience non-marital childbirth, parents divorce or step-parent family in their process of growing. In order see how does the family structure changes affect children s development. Many researches compare children from a two-biological-parent family and children who are not living with both biological parentsRead MoreThe Role Of Family Structure And Youth Essay1678 Words   |  7 Pagesby children under the age of 18. What causes a child to embark on such destructive paths at such young ages? Children are our future; they must be raised well to become the next Einstein, Oprah, Obama and etc. Raising a child starts within the home. Not all families are nuclear families consisting of a mother and father. Some families are single parent families where there is only one parent or even extended families, meaning daughters, sons, grandparents, uncles, aunts, and so on . Families go throughRead MoreThe Effects Of Post Colonialism On Social Mobility Essay1276 Words   |  6 PagesBack in the days when the effect of post-colonialism was still real, education was only affordable to the whites and the upper-class families. This brought about the hierarchy of power where the wealthy capitalist accessed first class education for their children, and basically excluding the low-class children from this system of education (Croxford 372). This, therefore, leads to inequality to social mobility, where the lower class members have less opportunity for social mobility. Mainly due toRead MoreThe Main Selling Point Of Marriage Essay1549 Words   |  7 Pagesstop or prevent wars as well as the only viable option for women to prosper and survive in a male dominated society. Currently, it is no longer necessary for women to marry for survival and thus the marriage is losing its appeal. Hence, the non-traditional family structures are on a rise which goes against the ingrained teachings of past generations. Therefore, old school politicians, religious leaders are looking for new ways to persuade the public of how important marriage is to keep the ancientRead MoreEssay about Sperm Donation: A Viable Option828 Words   |  4 Pagescommunicate with people across the world instantly, and maybe most impressively of all, we are able to create human life. We now hold in our hands the technologies that allow those who may not have been able to conceive naturally to have children they can call their own; children who will enrich their lives in a way nothing else can, and who will continue their names and lives after they are gone. In an age where we have more power than ever to use the bodies and DNA of others for our own benefit, it becomesRead MoreThe Decline Of The Nuclear Family932 Words   |  4 PagesDecline of the Nuclear Family In college classes, the traditional nuclear family is defined as a family consisting of one or both parents and their dependent children in a single family unit without any extended relatives (Kendall, 2013). Some sociological perspectives suggest that any departure from what is known as the â€Å"traditional,† or nuclear, family indicates a social problem, while others maintain that the definition of family has simply evolved beyond the nuclear family. Some even suggestRead MoreStigma, Facts And Solutions : Raising Same Sex Families1346 Words   |  6 PagesSolutions: Raising Same-sex families. Stigma Social stigma against homosexuals is a common experience for those raising children in same-sex families. Although gay rights have improved and a generally more inclusive environment is present there are still many who treat homosexuals as mentally ill deviants (McCabe, 2012). Even with gay right improvements there is still debate surrounding bringing children into these environments. Current discourses assume that same-sex families will negatively affect theRead MoreHow Changes Of Marriage And Family Will Change American Society949 Words   |  4 Pages How Changes to Marriage and Family will change American Society Temitope Layode DeVry University PHIL 447 Spring 2016 How Changes to Marriage and Family will change American Society Over time, the American society has derailed from the traditional reason and forms of marriage and family set up. The American society acceptance of non-marital childbearing (single parenting), same- sex marriage has led to the trending poverty rate in average families. The main objective of the institution ofRead MorePlanning For Non Traditional Families1613 Words   |  7 Pages Worldview Position Paper Planning for non-traditional families is becoming more of an issue as the homosexual rights agenda spreads across America. This issue comes from redefining the family. â€Å"The legal chaos and moral chaos as well that comes from redefining the family, is also referred to as the homosexual agenda and has far reaching impacts.† Rodney Chrisman, Legal Chaos: Relating to Redefining the Family (2011). The homosexual agenda has unique concerns when creating an estate plan. From Christian

Past Consideration - Concepts and Assurances Made Under Seal Deeds

Question: Discuss about the Concept of Past Consideration. Answer: Introduction: Consideration is the price paid in exchange of the promise as asked by the promisor. In many states price paid for the promise was not a essential constituent of a agreement and it would be more than sufficient if the parties have reached a binding agreement. It has been regarded that the past consideration paid would not be a good consideration. It must come into subsistence with or after the undertaking. Where the predetermined price predates the assurance made, then it would not be measured as a good consideration (Australian Contract Law, 2015). In the matter of Roscola v. Thomas the promise was not a obligatory on the parties because the only price which was offered for a guarantee was about the dependability of a horse. The same was inflowing into the unique agreement which has taken place before the guarantee was assured (Law Teacher, 2016). There have been certain exceptions which make a past consideration a good consideration if: The price was offered at the demand of the person who makes a promise; The parties appreciate that the action would be compensated; and The promise has happened in progress of the act it would have been enforceable. In the case of Pao On v Lau Yiu Long all the above mentioned three requirements were present. In particular, the defendant has made a request that the plaintiff would preserve 60 percent of the shares and the parties believed at that time that the action would be rewarded by the stipulation of a promise (McKendrick,E., and Liu, Q., 2015). Although, where the promise was already bound by the agreement to the promisor, the general ruling was that the presentation of an existing contractual duty would not be a good consideration unless some extra advantage was awarded. But the situation would be different where the promise with regard to the agreement bound to a 3rd party to carry out the duty. In a matter where the contractual obligation of the promise was owed to a third party, performing that obligation was considered as a good consideration for the promise of the promisor. Similarly in the matter of Glasbrook v Glamorgan County Council it was held that where an obligation was forced by law to carry out a certain assignment mere act of that task was not a good consideration. This helps in preventing bribery such as public officers extortion money from the public for performing tasks they were already requisite to do. Though, if the promisor does more than merely executing an accessible obligation would be considered as a good consideration (E-lawresources.co.uk, 2016). But there are presently two different exceptions to the obligation of price paid such as: Assurances made under seal deeds Where the principle of promissory estoppel functions. As this doctrine was intended to implement undertakings in certain situations where it would be unfair not to do so but it was not a true alternate for the price paid. The principle was reasonable in nature and functions when it would be unjust for the promisor not to be held to the promise. It was first developed in the case of Hughes v. Metropolitan Railway Co [1877] but was vanished for some time until it was revived by the judge in the matter of Central London Property v High Trees. The judge in this matter affirmed that the code which has been explained as quasi estoppels and perhaps more clearly as promissory estoppels was that when one party to an agreement in the absence of a fresh price paid for the promise agrees not to put into effect his liberties. Then, fairness would be lifted in favor of the other party. This fairness was, however, subject to the prerequisite: That the other party has misrepresented his situation; That the promisor could withdraw from his undertaking on granting rational notice, which need not be a official notice, giving the promise a practical chance of restarting his work; The assurance only becomes final and irreversible if the promisee would not resume his position (Supreme Court of New South Wales, 2016). In this case another kind of promise was represented that the courts would enforce without consideration and also it was stated that a promise must be honored if: It was made with the purpose of producing a lawful relation; The promisor knew that it would be imposed upon by the pomisee; and It was imposed upon by the promise to the promisees damage. The court held that in this circumstance, the plaintiff would be stopped from implementing its strict lawful liberties as it would be inequitable to enforce such privileges. It also defined the equitable estoppels as a condition in which a promisor would be stopped from implementing his full lawful privileges if he had made a previous promise limiting this liberty (Olamide, 2016). Therefore, in such type of cases estoppels would act as a defense to protect the promisor who acted variably with the promise but would not originate as a cause of action. So, it would be taken as a shield rather than a sword. The significance of the case lies in the obiter declaration of ruling made by the judge which states that a guarantee which proposed to be obligatory, planned to be acted on, or in fact acted on, is obligatory so far as its conditions correctly apply. In applying this ruling, it was also affirmed that an assurance to accept a lower rent during the war years was obligatory on the landlord, in spite of the fact that the tenant has supplied no price for it. For this doctrine there were certain restrictions which must be satisfied which were derived in this case. The restrictions include certain points such as: There must be a promise There must be a clear promise which intends to alter the contracted duty. However, there were some limitations also related to the doctrine of estoppels such as: It applied only where the parties were already in an accessible contractual association; and It offered only a guard to a assertion made by the promisor in contravention of the promise so it would not establish a allegation. It was also stated by a judge in the matter of Collier v P MJ Wright (Holdings) Ltd that it accepted the ruling that High Trees would be used to destroy a liberty of a creditor to pay full amount of a debt in some situations (McKendendrick, 2013). Contract law of Australia has now gone beyond the point noticeable in the High Trees case to the cases where there was no pre-existing lawful association among the parties, and the doctrine could be regarded as a weapon not just as a guard. The verdict given in the case of Waltan Stores have extended the doctrine of Promissory estoppel which was established in the high trees case giving way for an equitable estoppel to be acknowledged and applied in the subsequent case laws (Clark, E., 2016). As Equitable estoppels was regarded as the rule that recognizes that it would be unconscionable of one party from gaining any type of benefit over the second party due to falsification resulting in actions taken by the second party that led to a harmful result to themselves. Also this doctrine was not reliant on a pre-existing contractual association. So, it is concluded that the idea of past price payment being not good consideration is no longer suitable since the High Trees case because of the evolution of the exception of Promissory estoppels to the this rule of past consideration. Also, the High Trees case has not been overruled by any case rather only the doctrine of estoppels have been more briefly defined in the case of Waltan Stores. Therefore, this principle still applies in present time. References: Australian Contract Law. (2015) Consideration.[Online] Australian Contract Law. Available from: https://www.australiancontractlaw.com/law/formation-consideration.html#considpast [Accessed on 21/09/16] Law Teacher. (2016) Promise in Breach of Contract. [Online] Law Teacher. Available from: https://www.lawteacher.net/free-law-essays/contract-law/promise-in-breach-of-contract-law-essay.php [Accessed on 21/09/16] McKendrick,E., and Liu, Q. (2015) Contract Law: Australian Edition. Palgrave Macmillan. E-lawresources.co.uk. (2016) Glasbrook Bros v Glamorgan County Council [1925] AC 270 House of Lords.[Online] E-lawresources.co.uk. Available from: https://e-lawresources.co.uk/Glasbrook-Bros-v-Glamorgan-County-Council.php [Accessed on 21/09/16] Olamide, O. (2016) The Concept Of Consideration. [Online] Djetlawyer. Available from: https://www.djetlawyer.com/the-concept-of-consideration/ [Accessed on 21/09/16] Supreme Court of New South Wales. ( 2016) Equitable Estoppel In Australia: The Court Of Conscience In The Antipodes. [Online] Supreme Court of New South Wales. Available from: https://www.supremecourt.justice.nsw.gov.au/Documents/Speeches/Pre-2015%20Speeches/Brereton/brereton_2007.03.16.pdf [Accessed on 21/09/16] Clark, E.( 2016) The Swordbearer Has Arrived: Promissory Estoppel And Walton Stores (Interstate) Ltd V Maher. [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/au/journals/UTasLawRw/1987/5.pdf [Accessed on 21/09/16] McKendendrick, E. (2013) Contract Law. Palgrave Macmillan.

Economic Condition of Pakistan free essay sample

Economic condition of Pakistan For the past few years Pakistan has been following the technique of assessment of domestic oil value against the international oil value on a fortnight basis. About 85% of the oil required for domestic uses in Pakistan is imported. Back in the year 2004 various subsidies were given by the government on the oil price as an attempt to protect the citizens from the prospective record fuel costs. It was also an attempt to curb the rate of inflation prevalent in the country. Financing these subsidies, which by the way are considered a birthright by the population of these countries, is a major burden for an emerging economy. For instance according to the estimate of various prominent economists and analysts, that subsidy was costing Pakistan a whooping 14. 5 billion rupees per month. This amounted to around $232 million per month. Not surprisingly as a result the Pakistani government was under major financial stress. We will write a custom essay sample on Economic Condition of Pakistan or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Although it has to be acknowledged that recent increases in the industrys cost of production were largely due to rise in other input costs. Industry is paying more for oil and other imported raw materials and capital goods in line with rising international prices and utilities and transportation costs, and wage costs have risen due to the rise in minimum wages. Pakistan’s inflation accelerated in December as local wheat prices rose to a record, pushed up by smuggling of the grain to neighboring Afghanistan. Wheat prices in the Pakistan, the world’s sixth- largest consumer of the grain, have risen by more than 20 percent since November as the government’s failure to curb illegal exports led to a shortage in the domestic market. An 80-kilogram bag of wheat flour sold for a record 2,000 rupees ($32) on Jan. 7 after riots cut supplies. The inflation rate had already reached a record high in January 2008 accompanied by the increase in the consumer prices which leapt to an alarming rate of 11. 9 percent as compared to the previous record rate released by the Federal Bureau of Statistics. It was forecasted than by economists that inflation may climb further as riots which erupted after the Dec. 7 assassination of opposition leader and former Prime Minister Benazir Bhutto threaten supplies of wheat and other food staples. That may put pressure on the central bank to increase interest rates. All these factors led to the first ever increase in the price of gasoline and diesel in Pakistan in almost twenty two months. This increase took place on the 1st of March 2008 against the last increase that was witnessed in 2006 in the month of May. The price at that time was raised by 4. 2 percent. Before the current implementation of the increment in oil prices the nationwide price of gasoline was 53. 7 rupees per litre whereas the price of diesel was 32. 57 rupees per litre. The announcement regarding the increase in oil prices in Pakistan was made by The Oil and Gas Regulatory Authority. The new prices of gasoline and diesel were increased by 5 Pakistani rupees per litre and 3. 5 Pakistani rupees per litre respectively. The new prices came into effect on 1st March. In June 2008, the headline CPI (Consumer price Index) inflation reached a 30-year high of 21. percent YoY (Year over Year), while food inflation rose to record high of 32 percent. In SBPs (State bank of Pakistan) assessment, the share of structural weaknesses (like energy shortages, supply chain management issues, low productivity etc) dominate the supply side issues compared with the impact of monetary tightening. In order to offset oil prices shocks, the Saudi Government has reportedly decided to give Pakistan a 500 million-dollar grant instead of an oil import facility on one-year deferred payment. If the two countries had agreed on an oil credit facility on one year deferred payment, Saudi Arabia would be providing Pakistan a foreign exchange cushion of six billion dollars. This implicates that Saudi Arabia has agreed to extend a special oil facility to Pakistan (SOF) to the tune of USD $4. 82BN, roughly equating to 110,000 barrels of oil per day or 40 million barrels a year. Apart from this the UAE will continue to provide oil to Pakistan on extended payment terms. Besides, various Saudi companies have also agreed to invest billions of dollars in Pakistan’s infrastructure. The Saudi grant would be the second such concession during the current financial year as the Saudi government had provided 300 million dollars to Pakistan in March to control budgetary gaps. All these announcements should do a lot to boost Pakistan’s economic indicators. For one, it represents almost 50% of the trade deficit and almost instantaneously wipes out the bulk of it. For another, the FDI inflows as a consequence of infrastructure investments will, in the short term, provide additional US$ reserves and in the long term, will add significant capacity to the economy.