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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.
Medical malpractice cases are difficult for the families who have lost their loved one or have suffered from severe injuries. No one truly wins in complicated court hearings that consist of a team of litigation attorneys for both the defendant and plaintiff(s). During the trial, evidence supporting malpractice allegations have to be presented so that the court can make a decision if the physician was negligent resulting in malpractice, or if the injury was unavoidable due to the circumstances. In these types of tort cases, the physician is usually a defendant on trial trying to prove that he or she is innocent of the medical error, delay of treatment or procedure that caused the injury. The perfect example of being at fault for medical malpractice as a result of delaying a procedure is the case of Waverly family versus John Hopkins Health System Corporation. The victims were not compensated enough for the loss of their child’s normal life. Pozgar (2012) explained….
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...
He said, “Studies of specific types of error, too, have found that repeat offenders are not the problem. The fact is that virtually everyone who cares for hospital patients will make serious mistakes, and even commit acts of negligence, every year. For this reason, doctors are seldom outraged when the press reports yet another medical horror story. They usually have a different reaction: This could be me. The important question isn’t how to keep bad physicians from harming patients; it’s how to keep good physicians from harming patients” (658). Like Gawande asked—how do you keep good physicians from harming patients? Even the best of doctors and surgeons manage to make mistakes that led to being sued or even worst—they get to experience the death of their
(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,
The act of medical responsibility originated in Rome and England dating back to the time of 2030 BC. The act states that a learned professional should always care with responsibility and care toward their profession. Around the year of 1200 AD, Roman law considered medical malpractice to be wrong and expanded their views about it all throughout Europe. It was said by the Code of Hammibal that if a person commits malpractice knowingly or unknowingly they would lose their job, hand, and an eye. Malpractice had also occurred throughout the U.S around the 19th century, due to the negligence of the state’s governments. Medical malpractice litigation has since been sustained for a century and a half by an interacting combination of 6 principal factors.” “Three of these factors are medical: the innovative pressures on American medicine, the spread of uniform standards, and the advent of medical malpractice liability insurance.” “Three are legal factors: contingent fees, citizen juries, and the nature of tort pleading in the United State.” (Mohr). The U.S is very familiar with malpractice b...
Rising health care costs have caused a national crisis, and all agree we must embrace reform. President Obama has initiated his national health care plan in the hopes of decreasing some of the inflated costs. When attempting to resolve this issue, one must always address the root of the problem. A large portion of these inflationary costs stem from malpractice lawsuits, and so begins the debate for tort reform: legislation which would cut the costs of health care by reducing the risk of civil litigation and exposure to fraudulent claims (“What”). However, the real factor at hand and the real cause of the industry’s high costs does not come solely from the cost incurred from these lawsuits, but from over-expenditures on the part of doctors, who over-test and over-analyze so as to safeguard themselves from the threat of malpractice lawsuits. Thus, large public support exists for tort reform. While the proposed legislation enacted through tort reform could cut the costs of health care and positively transform the industry, it is ultimately unconstitutional and could not withstand judicial scrutiny.
In this chapter Dr. Thomas Percival is introduced. Percival first debuted the term “medical ethics.” Percival himself was an advocate of the classical decorum. He believed in the importance of the truth and emphasized sympathy, equality and patience. Chapters six and seven illustrates medical ethics in America. American doctors in this time were either self-taught or apprenticeship-trained. During these chapters the development of proper schools and education were initiated by the American Medical Association. In addition, the first anesthesia was introduced and debates soon began to spark in the world of medicine. The first concerning the unethical practice of inoculation. Then the discussion of abortion and later the use of anesthesia. Yet, in the very last chapter, Jonsen introduces a series of events which radically transformed the field of
A proper way to define defensive medicine is the action of a physician recommending a diagnostic test or treatment that is not necessarily the best option for the patient, but instead an option that may potentially prevent the physician from being sued for medical malpractice (Tuers, 2013). This type of treatment has began as early as the 1800s but not until the 1960’s was it seen as an issue. It wasn’t until that time period that defensive medicine was recognized as an issue. Before then, physicians were self employed and their motives were rarely questioned by patients (Tuers 2013). Surprisingly, the United States is the only major country that holds the physicians personally and financially liable for their own medical errors. This could be one of the main reasons for the prevalence of this malpractice. Defensive medicine as an unlawful act all began with the increasing number of medical malpractice lawsuits. Medical malpractice is similar to defensive medicine in the sense that it is the combination of...
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
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 environment in which a student learns is integral to how much they learn and how they feel about learning. Jones & Jones (2016) believe that “effective classroom management is first and foremost about creating classroom environments in which all students feel safe and valued”(p.7). As teachers, we are faced creating the type of environment in which students will thrive. Part of creating this type of environment, involves creating clear and concise classroom expectations for students to meet. In additions to creating expectations, it is also up to the teacher to “respond effectively when students behave in ways that detrat from their own learning” (Jones & Jones, 2016, p. 9). Although it is not always the highlight of our teaching career,
On a student’s cell phone, a teacher is caught hitting students with a thick stick. He continually hits everywhere from the students’ hips to the head harshly without a hesitation. This video is opened to the public by a student in the class posting it on the Internet. According to the other students, they were punished because they skipped class when the school inspectors came. All the people who looked at it on the Internet were surprised to see this kind of behavior. Recently, we’ve heard a lot on the media about punishment by teachers in school. Some people agree with the teacher’s power to punish, claiming that it is a part of education. However, contrary to this opinion, I disagree with corporal punishment because physical punishment brings only temporary effects in correcting children’s behavior. Also, it can humiliate a child by insulting his or her personality and have a poor affect on their self esteem. Besides, physical punishment can be abused because there aren’t any concrete standards to regulate how much punishment is proper in disciplining.
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