CASE: Paul Cronan and New England Telephone Company (A)
I. LEGAL CASE ANALYSIS
A. Facts
Paul Cronan was hired by New England Telephone (NET) in 1973 as a file clerk. In 1983 he was promoted to service technician. He worked in Needham, Massachusetts for 18 months before transferring to South Boston, Massachusetts. In 1985, Cronan suffered from medical symptoms due to AIDS-related complex (ARC), and missed work sporadically for 6 months. In June, 1985 Cronan requested a third leave of absence from work for a doctor’s appointment. Cronan’s supervisor, Charles O’Brian, demanded to know the nature of the illness, and assured him that the information would be kept confidential. Cronan informed O’Brian that the illness was AIDS-related, whereupon he received the work excuse to see his doctor. O’Brien informed his supervisor, Paul Cloran, of Cronan’s AIDS status, who in turn informed his own supervisor. The following day, in accordance with company policy, O’Brien mandated that Cronan see the company physician. After a 10 minute physical examination Cronan was sent home.
Two days later, a coworker informed Cronan that news of his AIDS-related illness had spread around his co-workers, and that threats of physical violence were made against Cronan should he return. Fearing for his safety and health, Cronan requested medical leave, which was granted. He began receiving company-paid medical benefits, first departmental sickness benefits, then illness benefits. Illness benefits were extended several times to 12 months total.
In August 1985, Cronan wished to return to work. His new supervisor, Richard Griffin, stated that in accordance with company policy a medical certificate from his physician certifying his ability to return to work was required. Cronan obtained the certificate but also requested a transfer to another location. He did not receive a response to his request and did not return to the South Boston facility, fearing that he would be physically harmed.
In September 1985, Cronan was hospitalized with AIDS. During this hospitalization he received a letter of condolence from Griffin offering a return to his previous position with no mention of a transfer or new assignment. In December 1985, Cronan filed a lawsuit assisted by the Civil Liberties Union of Massachusetts for $1.45 million in state court, alleging invasion of privacy and ...
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...cable illness that puts the workers at risk or requires medical evaluation. Even if the dissemination of this private information were inadvertent, processes should be in place to prevent such occurrences.
The potential for the development of bigotry or a hostile work environment requires an ethical response. The foreknowledge of Cronan’s anticipated return to work at NET in any capacity mandates that he be allowed to work in a harmonious and safe environment. As ignorance was the main impetus for the majority of the behaviors noted by Cronan, education would be the solution. The ethical course of action would be initially providing widespread company dissemination of the policy regarding AIDS in the workplace, followed by intense education of the workers about AIDS. An overall policy of intolerance of any harassment should be published and enforced.
Finally, the ethical response to Cronan individually in the situation as listed in the narrative would be to find him a position constrained only by the limits of his medical condition where he would find job satisfaction in a workplace environment free of hostility and sexual harassment, with relocation provided if necessary.
.... “The Strange Case of Marlise Munoz and John Peter Smith Hospital.” n.p.. 28 Jan. 2014. Web. 08 Feb. 2014.
Nursefinders argues that the causes of action based on respondent superior liability failed because Drummond was a special employee of Kaiser or acted outside the course and scope of her employment. they also asserted that no triable issues listed on Montague’s negligence claim and the lack of cable cause of action precluded a derivative loss of consortium claim.
Ohio Dep’t of Rehabilitation & Correction are the poor-quality patient care that Tomcik received and Tomcik’s health being at risk. Once engaged in a doctor-patient relationship, physicians are obligated to provide the best possible care for the patient by utilizing their skills and knowledge as expected from a competent physician under the same or similar conditions (“What Is a Doctor’s Duty of Care?” n.d.). However, in Tomcik’s situation, Dr. Evans did not deliver high-quality care, for he administered a perfunctory breast examination and thus did not follow standard protocols. There is evidence of indifference conveyed by Dr. Evans, and the lack of proper care towards Tomcik is an issue that can be scrutinized and judged appropriately. Additionally, Tomcik’s health was at risk due to the failure of a proper physical evaluation and the incredibly long delay in diagnosis and treatment. The negligence from Dr. Evans, along with the lack of medical attention sought out by Tomcik after she had first discovered the lump in her breast, may contribute to Tomcik’s life being in danger as well as the emotional anguish she may have felt during that time period. Overall, the incident of Tomcik’s expectations from the original physician and other employees at the institution not being met is an ethical issue that should be dealt with
...who violated Randy’s rights. With such little evidence from the Plaintiff, and the fact that Caruso is not a medical professional, she was not involved in the making of policies and procedures relating to medical matters. Therefore, Caruso did not act with deliberate indifference and was entitled summary judgment, because Plaintiff Parsons failed to provide sufficient evidence on Caruso.
The movie “Philadelphia” shows our society in the workforce and the discrimination that can take place because of an illness or sexual orientation. In this movie Andy Beckett, a fully competent Philadelphia lawyer, is fired from the firm wheeler & Co. because he has AIDS and because he is homosexual. According to the statutes, the American with Disabilities Act, it is unlawful for an employer to fire an individual because of a terminal illness such as cancer or in this case AIDS. Moreover in the movie Andy was diagnosed with HIV, and he does not tell his supervisors in the firm for his sickness and that he is homosexual. However this does not impede the man’s performance, and if the illness does not impede in the performance in the job, the employer has not reason to fire you. Which in this case is not true because more often the law and morality are not one and the same. For example in the movie Charles Wheeler, the senior partner who assigned Andy a very important case in which a very important letter of that case was misplaced, so they accused Andy for that incident and they also ...
My patient was assigned to Ms. Capace under the management of Roberta Costanzo RN NP. Since becoming involved in my patient’s care, Alicia has gone above and beyond to communicate with the patient, myself and my office, the patient’s insurance company, the ER and hospital staff, outpatient treatment
Client text CM to ask about the new patient registration since he moved to Somerville. Client asked if he can call the CM, CM called the client and it turned that he quite from his job in the little coffee shop because he has to work very early and that not helping him to focus in his homework CM mentioned that he stills has a job in Mays’ and he can increase his hours there so he will be able to cover all his expenses. CM will send to him the information of the hospital so he can call them to register there.
Same-sex marriage is now legal, spouses now have rights to pension benefits, continued insurance coverage, immigration laws are applied, as well as the right to tax filing status. Most people are allowing themselves to be more educated when it comes to homosexuality. Nurses who are more empathetic and compassionate tend to be those who work among PLWHA, or people living with HIV and AIDS, and are associated with lower feelings of psychological distress. There are also several studies that depict the more negative attitudes of health care providers towards patients with HIV/AIDS for reasons such a general fear of working with the terminally ill, perceptions of personal risk, being professionally adjudicated upon, fear of contracting the disease, and the unwillingness to work with patient populations including but not limited to homosexuals and intravenous drug users. These findings are consistent with Allport’s social psychology theory of intergroup contact (SOURCE), a theory that describes a weakened prejudice caused by increased contact with “an out-group” leading to a more positive attitude toward that group. In regards to nurses, it was found that the perception of stigma related to HIV influences their job satisfaction significantly. Research has also shown that
By checking OR-KIDS, I saw a long history of issues about Mr Dwayne not able to follow through court ordered services and DHS guidelines. One of the most recent case notes made by David Schmidt summarize clearly Mr Dwayne interactions with DHS.
As a nurse, we serve a society which is very culturally diverse. We provide care to many individuals whom have their own unique set of ethics, values, morals, and beliefs by which may be very different from our own. Because of our professional role, we must use lifelong learning as a tool to broaden our views, increase our knowledge, and understand the influences which affect it. To make this possible, we have to continually educate ourselves about the nursing laws, professional standards, and code of ethics all of which we are committed to.
Workplace screening for predisposition to illness was championed during the 1930’s, as it became clear that some workers exposed to toxins on the job became ill while others did not. Such screening is an increasingly frequent though highly controversial practice in industry today. Screening prior to employment can help individuals avoid jobs that could be hazardous to their health. But testing workers for genetic susceptibility after they become ill could be a way for employers to avoid responsibility for workers’ safety and compensation claims, shifting the blame to “genetically predisposed” workers while ignoring workplace hazards.
According to the report provided by the consultant, the employees at this facility were not taking precautions in safeguarding the patient’s health information. Therefore, the employees at this facility were in violation of the Health Insurance Portability and Accountability Act (HIPPA). It is important for employees to understand the form of technology being used and the precautions they must take to safeguard patient information.
Nurses continually strive to bring holistic, efficient, and safe care to their patients. However, if the safety and well-being of the nurses are threatened or compromised, it is difficult for nurses to work effectively and efficiently. Therefore, the position of the American Nurses Association (ANA) advocate that every nursing professional have the right to work in a healthy work environment free of abusive behavior such as bullying, hostility, lateral abuse and violence, sexual harassment, intimidation, abuse of authority and position and reprisal for speaking out against abuses (American Nurses Association, 2012).
Discrimination should be avoided at all costs if for no other reason than it is against the law. It is expressly forbidden because of the problems it has caused for certain groups. However, forbidding it was not enough and laws were passed to counteract its effects. But the legislative approach was unable to achieve acceptance and inclusion; it could not create and/or maintain an environment that appreciated each person and treated him or her with dignity and respect. The eradication of discrimination requires more than legal compliance. It goes beyond mere placement of individuals. An inclusive environment brings out the best in everyone and enhances life’s experiences.
With the lack of workplace safety practices, there can be tremendous effects on families and the community. This can come in the form of unwanted media attention