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Civil liberties and Civil rights questions
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Essays on frivolous lawsuits
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Frivolous Lawsuits
As children our parents tried to instill in all of us good moral judgment and common sense. However, if I was to open the newspaper I would surely find any number of articles on the latest frivolous lawsuit, these being even more outrageous than the ones in yesterday’s paper. How have we as a society, which is completely capable of rational thinking, allowed ourselves to become so intertwined in the blaming game?
Americans file about 15 million lawsuits a year. (Cannell) A fourth of all lawsuits filed are either frivolous or fraudulent. Perhaps, the careless point of view about the seriousness of lawsuits is perpetuated by the false representation on the many law shows on TV, such as Ally
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A lawsuit is a legal action brought by a plaintiff, a person who claims to have been wronged, against a defendant, the person being sued. If a judge decides that a case has enough evidence to go to trial then the verdict may be decided by either a judge or a jury. Yet, 90 percent of cases reach a settlement out of court. (Cannell)
The scary truth about lawsuits is that anyone can file a suit for anything! It is for the judge to decide if the case meets two criteria:
there must have been a wrongful act committed and the plaintiff must have suffered.
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It’s the content for which they are filed that is outraging Americans. Many people are upset to find that convicted criminals, while in prison, have the right to sue. Why should it be that someone who has taken away the rights of another be allowed to have the right to sue? In Ohio alone, 800 inmate lawsuits were filed in 1995. To defend those lawsuits it cost taxpayers $1.7 million dollars. In Ohio an inmate sued the state when he was denied soap on a rope. Another Ohio inmate filed charges after eating a turkey dinner on Thanksgiving. He sued on religious grounds saying the stuffing had turkey bits in it and eating the meat was against his religion. Attorney General Betty D. Montgomery has teamed up with other officials to pass a bill that would limit inmate lawsuits. (Fugate) Montgomery said, ”the law does not prohibit lawsuits that may have some validity, but it does have incentives to make inmates think twice about filing what are deemed frivolous cases.”
Inmates are not the only ones who file petty lawsuits. The general public is far worse. In Orlando, The estate of a woman killed in a rental car is suing the rental car company. The person driving the car was the woman’s Irish boyfriend, who was drunk at the time of the accident. The suit alleges that the rental car company should be liable for the woman’s death because they “either knew
Why is it that we as human beings feel the need to blame someone for every negative situation, which occurs? If we really look at the situation with any great depth, we may discover that an almost endless amount of things may be 'blamed' for the tragedy blaming an individual is pointless - only fate can really be blamed.
The second issue is whether or not the defendant has an obligation to reimburse for an injury. The outcome of this second issue depends whether or not it is rational for the defendant to have to pa...
In this paper, there will be a comparative analysis to the United States (U.S.) healthcare system and Canadians healthcare system highlighting the advantages and disadvantages of both.
Watson’s caring theory was developed between 1975 and 1979 while she was teaching nursing in the University of Colorado (Watson, J., 2014). Accordingly, the theory emerged as a product of her views of the nursing profession and her studies in clinical and social psychology (Watson, J., 2014). Out of her experience as an educator, Dr. Watson believes that the curriculum of nursing in the University of Colorado as well as with other nursing schools in the country can still be improved. For the same reason, Dr. Watson tried to reconcile known knowledge and practices in nursing with her knowledge on human psychology in order to “bring meaning and focus to nursing as an emerging discipline and distinct health profession that had its own unique values, knowledge, and practices, and its own ethic and mission to society” (Watson, J.,
Throughout the years there have been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented, they typically start off as disputes, misunderstandings, or failure to comply, among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved.
Newman, Alex. “Examining Healthcare: A Look Around the Globe at Nationalized Systems.” The New American. 15 Sep. 2008: 10. eLibrary. Web. 04 Nov. 2013.
With increasing concerns of debts and deficits, Canada’s publicly funded health care system has recently become the target of fiscal attack. Efforts to reform and restructure the system have produced few results. Currently, some governments throughout the country are looking towards a more radical approach. An approach that would see not only the reform and restructuring of the method of operation of the current system, but that would change the system entirely. The proposed idea? In Alberta, it is to increase the role of the private sector in the current system.
I have soon come to realize how much more there is to nursing than just helping and healing. Nursing is not taking care of individuals it is caring for them. Caring is not only important when concerning nurse and patient relationships. It is important in every aspect of humanity. The culture of caring involves intervening programs that help to build caring behaviors among nurses. As nurses become stressed and become down on their life it has shown that caring for oneself before others is key in caring for patients. Also, throughout the years many theorists have proven that caring has come from many concepts and ideas that relate directly to ICU nursing. The knowledge I have gained from reading and reviewing these articles has and will help me to become a better nurse. It will help and provide the pathway for caring in my professional
and remedies applied by courts of law in civil proceedings giving the plaintiff or claimant relief
The basis of health reform is built on the fundamental structures of politics, medicine, and society. Medicine is a continuously changing field that requires the adaptation to different techniques and situations. Contradicting the evolving medical field, the advancement of health policies have remained at a standstill as changes are rarely made. The loss of resources and efficiency in the overall health system is the result of a lack of correlation between the evolving field of medicine and the progression of an inclusive health insurance. Antonia Maioni, the author of Parting at the Crossroads: The Development of Health Insurance in Canada and the United States, emphasize the vast similarities pertaining to healthcare services, medical research
This person can sometimes be a large, or small, corporation or organization that often has to deal with a lawsuit that has been placed upon them. The time higher officials have to spend in order to deal with this, depending on the size and budget of the company, could instead be spent dealing with other opportunities available to them, such as investments or bettering their products. Instead, they get the privilege of having to deal with an unforgiving customer, who happens to be the type of person to go to court on an issue (Jacoby). For example, Richard Overton sued Anheuser-Busch for false advertising of their beer. He wanted $10,000 for the mental and physical damage brought to him when he drank the beverage, finding the visions of women and a beach from the commercial for that beverage did not happen for him (10 Ridiculously). The problem with this is that the case lasted over six months until it was finally decided (OVERTON). This is half of year spent on a lawsuit, rather than them making their product better and bettering the advertising for it. What if you were waiting for that very court to discuss a lawsuit between you and the person who caused it, all while the person injured in a possible accident, with their life on the line and a certain amount of time available to them. Imagine if this
Jean Watson, nursing’s living legend, began the development of the Theory of Human Caring/Caring Science over 35 years ago (Clarke, 2016). This theory should serve as a foundation for any personal philosophy of nursing. It reminds us to always treat our patients with love, compassion, and empathy. As caring nurses, we should always anticipate our patients’ needs and try to meet them with kindness and thoughtfulness. When we care, we always treat others with dignity and respect. As healthcare providers, we must always be our patients’ advocate. Additionally, caring means to always fight for our patients’ rights. It also means building a trusting and caring relationships with them. We must be self-aware of any judgmental feelings that could foster their crossing boundaries into intimacy (Lachmann,
Canadian health care is commonly known as Medicare. The system is designed to be universal, portable, publicly administered, accessible and comprehensive. The governance, organization and delivery of health care services are very much decentralized in Canada. Most of the provinces and territories administer Medicare and plan health care services to their people. The last few years has experienced few pan-Canadian health reform initiatives however specific provinces have engaged much of their resources in reorganizing and refining their regional health care systems. Most of the territories have improved on quality and have focused on timely delivery of
There is a strict distinction between acts and omissions in tort of negligence. “A person is often not bound to take positive action unless they have agreed to do so, and have been paid for doing so.” (Cane.2009; 73) The rule is a settled one and allows some exceptions only in extreme circumstances. The core idea can be summarized in “why pick on me” argument. This attitude was spectacularly demonstrated in a notoriously known psychological experiment “The Bystander effect” (Latané & Darley. 1968; 377-383). Through practical scenarios, psychologists have found that bystanders are more reluctant to intervene in emergency situations as the size of the group increases. Such acts of omission are hardly justifiable in moral sense, but find some legal support. “A man is entitled to be as negligent as he pleases towards the whole world if he owes no duty to them.” (L Esher Lievre v Gould [1893] 1 Q.B. 497) Definitely, when there is no sufficient proximity between the parties, a legal duty to take care cannot be lawfully exonerated and imposed, as illustrated in Palmer v Tees Health Authority [1999] All ER (D) 722). If it could, individuals would have been in the permanent state of over- responsibility for others, neglecting their own needs. Policy considerations in omission cases are not inspired by the parable of Good Samaritan ideas. Judges do favour individualism as it “permits the avoidance of vulnerability and requires self-sufficiency. “ (Hoffmaster.2006; 36)
In conjunction to the major effects of the exposure to radiation, there have also been a number of minor effects. DNA damage is an...