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What is the purpose or importance of education law
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The American Fear of Being Sued Something basic has been stolen from American life. We have lost much of our individual freedom due to the theft in our society. Our thieves come in the form of "sue happy" Americans. Doctors are paranoid, teachers are weakened and religious consultation is decreased. You would have to be a fool to say what you really think in the workplace. Increasingly, people believe that they cannot make a difference. Today, the medical industry has been transformed. Doctors must live by a different code of ethics other than their oath. Legal fear has put the doctor-patient relationship in jeopardy. Today, physicians view patients as potential malpractice litigants. Therefore, doctors order unnecessary costly tests or avoid treating patients to insure safety from lawsuits. In Chicago, emergency room personnel refused to care for a boy who was shot, and had collapsed thirty feet outside the hospital door, because their legal duties were only to those inside. Because of the fear of lawsuits, the young boy was denied the opportunity to live. Not only are doctor-patient relationships affected, teachers and students are learning under precise laws. Teachers no longer have the opportunity to discipline their students in fear of violating the student's rights. Students now dictate how classrooms are instructed. Teachers must be aware of their physical contact and ethical topics that can lead into false allegations. How can a student learn in this environment? Teachers need the ability to discipline students. Evicting the fear of lawsuits from teachers makes for a more productive atmosphere. The classroom is not the only place where safety and responsibility are weakened. Playgrounds have been... ... middle of paper ... ...nger acceptable. Our beliefs will not matter until we let those with responsibility act on their beliefs. What good is a teacher if they cannot discipline their class? What help is a doctor if they are making decisions that are foreign to them? Individualism and responsibility need to be reinserted into society. Let us be more attentive to our own actions and less of others. I leave you with this statement from Phillip K. Howard, "Remove a judge's authority to assert views of what is right and reasonable, and the entire society starts acting like a nervous wreck." Bibliography: Howard, K Phillip. "Americans sue over everything. And guess who's paying the price?" Rosie Oct. 2001: 40 "Fear (in common law)." Catholic Encyclopedia.com. 1999. The New Advent, Volume IV. 1 Sept. 1909 http://www.newadvent.org/cathen/06020b.htm
A teacher’s most important duty is to protect the students they are in charge of. This duty includes both reasonably protecting students from harm and, when a student is harmed, reporting it to the proper authorities (Gooden, Eckes, Mead, McNeal, & Torres, 2013, pp. 103-109). There have been many court cases that reiterate this duty of school staff. One such case is Frugis v. Bracigliano (2003) where many staff at a school failed in their duty to protect students and allowed abuse to continue for years.
Learning from what Dr. Anna Pou had to face with the lawsuits she was dealing with makes me cringe. As Healthcare professionals, having to worry of possibly being sued for believing what is right for the patient or as a whole for the hospitals health is ridiculous. Healthcare professionals like Dr. Pou, have taken the Hippocratic oath, and one of the promises made within that oath is “first, do no harm”. Often time’s society look at courts cases as a battle versus two oppositions, but Dr. Pou’s case it is not. In her statements from national television she states saying her role was to ‘‘help’’ patients ‘‘through their pain,’’.
For anyone who has ever worked in healthcare, or simply for someone who has watched a popular hit television show such as Grey’s Anatomy, General Hospital, House or ER know that there can be times when a doctor or health care provider is placed in extremely difficult situations. Often times, those situations are something that we watch from the sidelines and hope for the best in the patient’s interest. However, what happens when you place yourself inside the doctors, nurses, or any other of the medical provider’s shoes? What if you were placed in charge of a patient who had an ethically challenging situation? What you would you do then? That is precisely what Lisa Belkin accomplishes in her book “First Do No Harm”. Belkin takes the reader on
The Lewis Blackman Case: Ethics, Law, and Implications for the Future Medical errors in decision making that result in harm or death are tragic and costly to the families affected. There are also negative impacts to the medical providers and the associated institutions (Wu, 2000). Patient safety is a cornerstone of higher-quality health care and nurses serve as a communication link in all settings which is critical in surveillance and coordination to reduce adverse outcomes (Mitchell, 2008). The Lewis Blackman Case 1 of 1 point accrued
Furthermore, educational institutions are suppose to emphasize learning and teaching- it is children grow and learn more about the world each day. However today's educational institutions mostly rely on punishment, violence, and misbehavior. Guided by the mass increase of school shooting and reports of increase in school violence, schools around the world have recently adopted revolutionary solution and prevention methods.
Medical error occurs more than most people realize and when a doctor is found negligent the patient has the right to sue for compensation of their losses. Debates and issues arise when malpractice lawsuits are claimed. If a patient is filing for a medical malpractice case, the l...
(2005, Charles) The premise of Assertive Discipline is that both teachers and students have the “need and right” (2005, Charles) to a caring and respectful classroom environment. Teachers are required to facilitate learning and assist students in reaching their full potential. This is accomplished by teachers clearly and confidently articulating class expectations and teaching student’s what behavior is “acceptable and unacceptable” (Marsh 2010 p233). Cooperative behavior is encouraged by “incentives and recognition” (Lyons et al., 2014) whilst unruly behaviour is managed with a “hierarchy of sanctions” (Lyons et al., 2014). Equally, teachers also have the right to facilitate learning in a proficient manner without interruptions from students and have support from administrators and parents. (Berghuis, 2005,
I agree that teachers must think before they act and process the best consequence to the action that he or she will or will not do in class. The book makes a point on talking about how teachers must thoughtfully decide if what they are doing every single day. I believe that that is a crucial quality every teacher must have in order to avoid major issues in the classroom. It is amazing how much can change when a teacher, or anyone, thinks about what they are doing before they do it and what are the possible consequences are based on their action. Better than thinking about it, if they talk to one another, as teachers, on how they should act, this would help them even more to make the right decision. I also agree teachers deserve the right to due process, just like everyone else in their profession. Being a teacher is very difficult, and it is very important that teachers are not constantly scared to lose their job with one bad choice. There are so many parents out there who will immediately try to get the teacher fired in any way they can in order for their child to be happy which is very threatening to teachers everywhere. The fact that due process is given to teachers is extremely important for the sanity of teacher’s minds and their performance as teachers. Lastly, I agree with tort liability because teachers must be on high alert at all times with their classroom. Any possibilities of injury in the classroom must be thought about by the teacher and prevented in anyway. Teachers are one hundred percent liable to what goes on in their classroom and they need to pay attention to all kinds of behavior that could lead to danger. Teachers never should be able to say that it was the student’s fault that they were injured in their classroom with their
Yell, M.L., & Rozalski, M.E. (2008). The impact of legislation and litigation on discipline and student behavior in the classroom. Preventing School Failure, 52(3), 7-16.
White, Tanika. "Student Conduct Policy Studied; City Schools to Review Discipline Code, List of Possible Punishments; Use of suspensions criticized; Some Say Removing Child from Class Fails to Address Problem, May Be Harmful." Sun [Baltimore, MD.] 18 Aug. 2003, final ed., sec. local: 1.B. ProQuest Education Journals. ProQuest Information and Learning. Coll. of Southern Maryland Lib., La Plata, MD. 3 Dec. 2004 http://proquest.umi.com/login.
The students were given chances to advance in classes. Threats- the risk of confidentiality. Student coercion to do things they do not want to do and students being bullied by others. Nevertheless, in order to plan a grand strategy for the school, I feel that environmental scanning would be very helpful (Kinicki, & Williams, 2012). This strategy would help the school to carefully monitor the internal and external surroundings. Furthermore, the school will be able to put a policy in place for bullying, students being coerced into doing things they do not want to do, and any risk of confidentiality. Any problems big or small that could affect students being comfortable going to school should be addressed immediately and some type of policy should put in force as soon as possible. When a child attends a school they should go with the belief that they will be protected from any and every one who does things against the rules. In any case, the way toward analyzing the instructive setting of a group is an imperative advance in broadening thoughts of instructive sufficiency (Alexander, & Choi, 2015). Analysts expressly call for investigation that looks past school dividers in deciding instructive open
Deprofessionalization of medicine affects the way those of the medical profession interact with patients greatly. Healthcare providers are forced by law to violate the values that make them who they are because of the request of customers demanding goods and services in the free market. This signals the end of medicine as a professional practice. It makes medicine just another exchange of goods and services as well as putting patients in the role of customers, ordering whatever they want from physicians. For example, an orthopedic surgeon would be forced to cut off a patient’s perfectly healthy leg rather than insisting that
Physicians are required to follow rules in order to provide the best adequate care to their patients, comparing to lawyers who not only interpret the laws but also participate in making changes to them. The Legal Ethics Model code proves how challenging it is to become a lawyer, unlike healthcare professions compensation varies depending on the type of case that they are dealing with and for them to effectively defend a client, sufficient compensation is required. Applying Ayn Rand’s philosophy to this code, she would argue that “one's only duty is to their own self-interest and not to other people or the community at all”, based on the Legal Ethics Model code a lawyer is in their client’s best interests and they make sure that their rights are protected. We wonder why lawyers defend criminals despite of knowing that their clients are guilty, but they still fight to defend their rights knowing that this person caused harm to someone else. No matter what crimes their clients have committed they would come up with reasons that they are not guilty. For example, a young man who kills his parents, a criminal defense lawyer would argue that this young man is immature or he is mentally ill and that maybe the main reason for his action was because of child abuse and he has never
To help students to feel capable, connected and contributing (or the three C’s) Linda Albert asks us to make five fundamental changes to our classrooms, or what she calls “Paradigm Shifts in Cooperative Discipline” (see figure 2). Firstly, we need to move away from a “hands-on” or “hands-clenched” approach to discipline, which is an authoritarian style of classroom discipline, to a “hands-joined” or democratic style of classroom management. Secondly, we need to recognize that student behavior is a choice, and not caused by some outside force, though these forces may influence student behavior it is ultimately the student’s decision on how they will act in your classroom. Thirdly, she asks us to abandon our long list of classroom rules and replace it with a concise code of conduct; shifting the classroom atmosph...
Bainvel, Jean. The New Catholic Encyclopedia. New York City: Robert Appleton Company, 1912. http://www.newadvent.org/cathen/15006b.htm (accessed September 23, 2011).