Discussion
A court would likely reason that leave granted to employees under the Garner Medical Leave Act (GMLA) should have been granted to Erin Durham. “Employers covered by this Act are required to grant leave to an eligible employee to care for the employee’s … parent with a serious health condition.” Gar. Stat. tit. 29, § 2612(B) (2014). Garner University is covered by the Garner Medical Leave Act and Durham is an eligible employee, therefore these two stipulation of the Garner Statute are not disputed. Durham will likely be found to have acted in compliance with this Act, because her grandmother stood in loco parentis to her during her minority, her grandmother has a serious health condition, and Durham cared for her grandmother.
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A care giver must be in close and continuing proximity to the family member to be able to directly ‘care for’ the person suffering from a serious health condition.” Shaw v. BG Enterprises, 482 P.4th 153 (Gar. Spr. Ct. 2012).
The Shaw court held that Daniel Shaw’s actions did not constitute as caring for his daughter as is defined by the Garner statute. Id. “Shaw’s actions in arranging a transfer, making phone calls, and preparing their home for his daughter’s eventual return may have been helpful, but they [were] not activities contemplated within the meaning of the term ‘care for.’” Id. These actions were not deemed to be “actual participation[s] in the care or treatment” of the daughter. Id. Furthermore, Shaw was 200 miles away from his daughter and therefore was not in close and continuing proximity to his daughter.
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BG Enterprises, the court reasoned that “[a] coma is an example of a medical condition that far exceeds the minimum statutory requirements.” Shaw v. BG Enterprises, 482 P.4th 153. The Shaw court also noted that the conditions like “the common cold, the flu, ear aches, upset stomach, minor ulcers, and headaches (other than migraines) would fail to meet the requirements.” Id. The court in Carson v. Houser Manufacturing also spoke on this issue in reasoning that “evidence of complications requiring hospitalization or ongoing treatment by a healthcare provider” could aid in establishing that a person’s ailment is a serious health condition. Carson v. Houser Manufacturing, 550 P.4th 38. The Carson court also noted that actions like driving a person to the doctor and buying medicine are distinguished from “treatment by a health care provider” and insufficient in establishing the existence of a serious health condition.
US Supreme Court in 1927, in the case Buck v. Bell put a legal example that states can sterilize public institutions inmates (Lombardo, 2009). The argument of the court was that epilepsy, feeblemindedness, and imbecility are hereditary and it was important to the inmates from passing these defects to other generations. May 2nd 1927, the court ordered Buck Carrie, whom it referred as a feebleminded daughter to get sterilization following the 1924 Virginia act of Eugenical Sterilization. Carrie had a feebleminded daughter and her mother was feebleminded too. The case determined that obligatory sterilization laws did not infringe the due process given by the US constitution 14th amendment. It established the legal mandate and bolstered US eugenics movement for sterilizing over 60,000 citizens in over thirty states. Most of these practices ended in 1970s (Reilly, 1991).
(Ackerman 17)” However, this framework does have its limitations. The legal model does not recognize “the impact of illness upon autonomous behavior, it impair the ability of patients to engage in contractual therapeutic relationships.(Ackerman 17)”
Thank you for contacting the Ethics Committee regarding Mrs. Mitsue Takahashi’s healthcare plans. As you are aware, 83 year old Mrs. Takahashi was recently admitted to the hospital immediately following a stroke. Through looking at her past medical history and running various tests, it was apparent that she suffers from several serious medical complications. Notably, she suffers from dementia which makes it impossible for her to make autonomous decisions concerning her healthcare. Despite poor prognoses from neurology, cardiology, and psychiatry consultations, the patient’s two grandchildren disagree over the next step in their grandmother’s healthcare. You have recommended to the family to have a DNR order written, withhold aggressive cardiac
Butler, R. (2008). The Carers of People with Dementia. BMJ: British Medical Journal , 336, 1260-1261.
This case, which Cynthia Holderfield filed on behalf of her sister and legal ward, Elise Ann Wasson, a disabled adult, alleges that as a result of the insured’s neglect, Elise sustained significant and permanent injuries following a fall on January 17, 2016, while she was a resident at one of our insured’s Community Integrated Living Arrangement homes. The plaintiff further alleges that the insured neglected Elise when its staff failed to obtain prompt medical attention for her injuries and properly report the fall.
A care relationship is special and requires skill, trust and understanding. This essay will elaborate how the quality of that relationship affects the quality of the care given and the experiences felt in receiving care. These different relationships will depend on the type of care given, who the care is given by and what sort of previous existing relationship there was to begin with. For a good care relationship to work it needs to follow the 5 K101 principles of care practice which are 'support people in maximising their potential','support people in having a voice and being heard','respect people's beliefs and preferences','support people's rights to appropriate services' and 'respect people's privacy and right to confidentiality'.(K101,Unit 4,p.183). If all of these needs are met a far exceptional quality of relationship between the carer and care receiver will be achieved.
One of the five key principles of care practice is to ‘Support people in having a voice and being heard,’ (K101, Unit 4, p.183). The key principles are linked to the National Occupational Standards for ‘Health and Social Care’. They are a means of establishing and maintaining good care practice. Relationships based on trust and respect should be developed between care receivers and care givers, thus promoting confidence whilst discussing personal matters without fear of reprisal and discrimination.
al., 2010, p. 103-104). In medicine, beneficence is the foundation of every encounter a clinician has with their patient, they are there to help alleviate symptoms and diseases in order to do good for them. In the case of Ms. R, respecting her decision to live alone will violate this premise of beneficence and go against all the medical advice she has been given. However, like with all decisions in medicine, a patient is presented with options and if the patient is mentally capable of making their own healthcare decisions, their decision should be respected no matter what it is. Nonetheless, just because Ms. R made a decision to live alone and accepts her potential risks, doesn’t mean that her daughter along with the medical team should let her put herself in harm 's way. There are other means of beneficence and nonmaleficence in this case that can be achieved while still respecting Ms. R’s autonomy. Firstly, Ms. R’s daughter can move in with her and be by her side everyday, or if she cannot move in, she can come visit her mom on the days the home health aid is not scheduled, that way someone will be always there to monitor her. Additionally, due to Ms. R’s increased risk of falling along with her other medical risks, the social working can help arrange for Ms. R to receive a
3. A parent might be required to undergo lifesaving treatment if there is a compelling state interest in protecting the welfare of a child from being deprived of his needed caretaker.
You ultimately decide which caregiver you feel comfortable with and trust to come into the home. This is true whether a client is in need of respite care, home care, palliative care, long term care or another service we offer.
...the patient’s family more within the assessment after obtaining the patients consent, but my main aim in this case was to concentrate the assessment, solely on the patient, with little information from the family/loved ones. This is a vital skill to remember as patients family/loved ones can often feel unimportant and distant toward nursing staff, and no one knows the patient better than they do, and can tell you vital information. Therefore involvement of family/ carers or loved ones is sometimes crucial to patient’s further treatment and outcomes.
❑ Make sure the patient has access to his or her chosen support person (The Joint Commission, 2010, p. 25).
In July 2015 a Winston-Salem North Carolina health care company was ordered to pay an employee $48,000 to settle an EEOC pregnancy discrimination lawsuit. According to the EEOCs complaint the company interviewed the former employee and hired her in May 2013. In early June 2013 the employee submitted a request for approximately 4 weeks of maternity leave that was to begin in August 2013. After the request was approved and preparations were being made to cover her, the employer fired her in late June 2013 after the companies owner was notified of her request. It was concluded by the EEOC that the employee was fired due to her pregnancy and leave
Mr. Schiavo obtained permission to stop his wife’s life sustaining treatment after many years in a vegetative state. Her parents, however, are fighting to continue to keep their daughter alive and ultimately obtain guardianship over their daughter (Fla. App. 2001).
Limited mobility is a factor that creates a situation where people once social butterflies become home bound, creating a need for increased care (Berger, 2014). As age increases, more support may be needed creating a situation where a nurse would need to support my aunt in the care for my grandmother. Respite care and/or some form of assisted living may be on the horizon; however, as of right now my grandmother is in her home where she wants to be with the ability to stay for the unforseen