...Cardiac Death VS Brain Death Brain death indicates that a person is dead, not because unconsciousness is attributable to the brain, but because the brain function is a necessary prerequisite to maintaining the vital function of the organism. The perception of the onset of death in the case of brain death is different to that in the case of cardiac death, when the body changes almost instantly to the state associated with dead people: breathing stops, the body cools off and the color of the skin pales. If, on the other hand, the deceased person has been declared brain-dead, the body will still feel warm, and the skin will be its normal colour. Although the relatives have reliable medical information that death has set in, they have to overcome the mental barrier that is deep-rooted in human nature: that as long as the heart is beating and there is breathing, there is life, and thus hope. Furthermore, although specific bodily states can be cited that involve the onset of death in specialist medical terms, people have different views of what it means to be dead, and how body and soul belong together. Being dead is not just a concept in medical science, but also an existential concept, and recognition of the brain death criterion is largely dependent on emotional and experiential aspects. Sudden cardiac death (SCD) is a sudden, unexpected death caused by loss of heart function (sudden cardiac arrest). Sudden cardiac death is the largest cause of natural death in the United States...
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...provide the full loan amount. The loan is granted and Bob begins his business. Within 3 years, Bob’s business goes bankrupt and the bank is only able to recover one half of the loan amount upon the sale of Bob’s planes. The bank is now responsible for a debt of $150,000.00 that they will not be able to recover. Due to this debt, the shareholders of ManBank file a derivative lawsuit against Joan for breach of her fiduciary duty of care. The issue is to determine if Joan’s conduct is protected under the Business Judgment Rule (herein referred to as, BJR), thus, determining if Joan should be held liable for the company’s debt. As outlined in the NPC courseware, the Business Judgment Rule does not provide for a distinct definition. It is a principle that it utilized by the courts in multiple applications and translations. Essentially, the BJR is a corporate protection for directors and officers of a firm who act in good faith and make prudent decisions on behalf of such firm; whereby, these directors and officers can not be held liable by the courts for “changes in the company’s circumstances or loss of value.” Under NY CLS Bank, § 7015, “Each director of a bank… and loan association, when appointed or elected, shall take an oath that he...
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...partnership, and members of a LLC, owing duties to each other, so to do members of the Board of Directors and the corporate officers owe duties to the corporation. We’ll look at these duties in the following questions. 6. What is meant by the duty of a director or officer to act within their authority? a. The duty to act within ones authority and within the powers of the corporation. b. The duty to act diligently and with due care inconducting the affairs of the corporation. c. The duty to act with loyalty and good faith for the benefit of the corporation. 7. Under the duty of due care and diligence there are 2 standards that directors and officers must meet; the first is to measure up to the prudent person standard. What is the prudent person standard? a. Officers and directors are not liable to the corporation if they act within the common sense, practical wisdom, and informed judgement...
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...1. Ethically, is brain death not as final as cardiac death? Why or why not? Brain death is final; there is no coming back from it, ever. Neurons die, and the brain ceases to function permanently. With cardiac death, we can sometimes use medication or electricity to resume heart functions. Asystole (no electrical activity in the heart) can sometimes be reversed if the underlying cause of the problem can be treated (such as severe electrolyte abnormalities, or severe hypothermia). 2. How does the Prudent Person Rule apply in this case? Yes the Prudent Person Rule does apply in this case. It applies because the young girl came in for a simple routine surgery and was fine. Then shortly after the routine surgery she started to bleed profusely then went into cardiac arrest and was determined to be brain dead afterwards. 3. In your opinion, could this tragedy have been prevented? If so, how? In my opinion there was something wrong with this young girl to where she needed surgery. But even though the outcome is very sad, there is no real way for me to say yes or no if this tragedy could have been prevented because there so many missing pieces. I am not given any information on what happened during the pre-op and post-op and if there were any measures that could have been done to prevent this tragedy. In any surgery the patient and family should be completely informed of the risk of surgery during and after surgery and informed to the ramifications of a situation before making...
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...coming back from it, but some parts of the brain might stay alive for a while well other parts of the brain die almost instantly. Cardiac death is when your heart just stops pumping blood throughout the whole body. Cardiac death happens when something slows/ stops the flow of blood through the heart, causing bad damage to the heart muscles and body. Cardiac death can be reversible if treated properly within minutes after cardiac death happens, unlike brain death were there is no way medically to reverse what happen. Yes, the prudent person rule can be applied to the case for both the family members and the doctors. The family members assuming they are her parents knew the diagnosis, risk of the procedure, benefits of the procedure, alternative treatments, prognosis if no treatment is given, acceptable standard care is followed and the cost of the health care treatments. The doctors gave the family members all the information and followed the prudent person rule. The doctor can’t refuse to put the patient on a ventilator by the family’s request. In my opinion I think that something had have gone wrong in surgery to have the patient to bleed uncontrollable and go into cardiac arrest then end up brain dead. If something did go wrong they could have possible stopped it from happening or fixed what went wrong right away if they caught it in time to fix what went wrong. On the other hand there is really truly not enough information to give any kind of real answer to the...
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...of Nursing. Cindy must notify the supervisor requesting the conduct or assignment in writing that she has decided to invoke Safe Harbor. The content of this notification must meet the minimum requirements outlined in BON’s Quick Request Form that includes the nurse(s) name making the safe harbor request and his/her signature, the date and time of the request, the location of where the conduct or assignment is to be completed, the name of the person requesting the conduct or making the assignment; and, a brief explanation of why safe harbor is being requested. The...
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...becomes impatient with Bill and tells him that he cannot leave the room until everyone is finished eating. Adam then locks the dining room door. Bill complains to the nursing home administrator that he was unlawfully detained. He then hires an attorney who brings forth a charge of false imprisonment. For each question below, provide an answer in 2 to 3 sentences, using proper grammer and spelling. | A. Was Adam's action justified? | Adam’s actions were not justified. Adam did not choose to handle the situation rationally and in a professional manner. | B. In your opinion, was this a case of false imprisonment? | I think that he did falsely imprison Mr. Heckler. “False imprisonment occurs when a medical professional, or a hired person by that professional, takes an action to confine a patient.”...
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...after slipping into deep sedation. According to Rule 217.20, what must Cindy do when invoking Safe Harbor and refusing the initially requested assignment? What section of the rule contains this information? Cindy must notify the supervisor requesting the conduct or assignment in writing that she has decided to invoke Safe Harbor. The content of this notification must meet...
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...Development) Name: Institution Affiliation: The Stages of Kohlberg's moral development theory Kohlberg's moral theory of development is based on the Piaget's theories, and it measures reasoning more than the actual conclusion. It includes five stages of development. The first one is obedience and punishment stage whereby kids view rules as external, they are self-centered, and they avoid punishments. The second stage is Instrumental hedonism whereby the reasoning is self-centered, but they can be able to recognize other people's interests. It gets followed by good boy or girl stage where kids avoid rejection by doing what pleases other people so as to be termed as good. The fourth stage is a stage of authority and social order. At this stage, kids avoid rejection by the highly respectable authorities and hence they try to follow societal rules. Social contract is the fifth stage, and the human have respect for the society since they understand that laws are a contract between a human and society. Finally, there is a universal ethical principle whereby the moral reasoning is determined by selected principles that are consisted and might overrule the rules of the society. Moral development approach versus social learning approach to understanding crime The social learning approach argues that people engage in crime because of associating with those who engage in crime. It argues that the behavior is reinforced to them. On the other hand, the moral development approach argues that...
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...certain hazard in food there will be a negative effect to a certain magnitude. Liability on the other hand refers to fault; the person who is at fault is liable legally to another because of his or her actions or failure to act. It also describes some form of obligation or responsibility, it represents an outstanding debt, product or services that have yet to be provided or acknowledgment of responsibility and payment provided for damage caused through actions or negligence. Liability risk can arise from an intentional act or omissions that result in harm or injury to another person or damage to the person’s property. Liability risk can result in suits against an individual and or resident of the individual’s household for actual or imagines bodily injury and or property damage to a third party. Each person has a certain legal rights. A legal wrong is a violation of a person’s legal right, or a failure to perform a legal duty owed to a certain person or the society as a whole. Examples of legal wrongs are: A Crime, which is a legal wrong against society that is punishable by fines, imprisonment, or death. A breach of contract is another legal wrong. Finally a tort is a legal wrong for which the law allows a remedy in the form of money damages. The person who is injured or harmed is the plaintiff or claimant by the actions of another person (called the defendant or tort feasor) can sue for damages. Tort can generally be classified in the following categories: * Intentional...
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...The fact pattern given involves multiple parties and presents multiple issues/claims. The first major issue presented involves the teacher in the classroom and the principal. While teaching her classroom of ten children, the principal enters the room and tells the teacher that her husband was involved in an accident and was at the hospital in critical condition. The teacher leaves her classroom to go to the hospital. When she arrives at the hospital, however, she finds that her husband was not there, and after calling his cell phone, the teacher finds that her husband is safe and sound at home. It turns out that the principal had lied to the teacher because he was mad that she had rejected his advances for a date. In these facts, the teacher may have a claim against the principal for any emotional distress she may have suffered as a result of the principal lying. In torts, there are two types of claims that can be asserted for emotional distress: (1) intentional infliction of emotional distress; and (2) negligent infliction of emotional distress. A claim for negligent infliction of emotional distress is similar to intentional infliction of emotional distress, but only requires showing of negligence rather than intent. A cause of action for negligent infliction of emotional distress consists of (1) a duty of care owed by the defendant to the plaintiff, (2) breach of that duty by the defendant resulting in severe emotional suffering and (3) actual and proximate causation of severe...
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...Week Four Make-up. Define, comment upon, and give examples from your eBook Chapter 6 1. APA for agencies: requires agencies to follow certain uniform procedures in making rules. arbitrary and capricious – this is the standard for challenging and agency action, an abuse of discretion or in violation of some other law. It requires the agency to show evidence to support the proposed rule, without the evidence the rule can be called arbitrary and capricious. – this can be set aside ultra vires- beyond it’s power, one that goes beyond the authority given to the agency in its enabling act substantial evidence test – the rule requires that more convincing evidence exists in support of the regulation than against it unconstitutional- pg 199 public comments period. Pg 190 -One of the purposes for publishing proposed rules is to allow the public an opportunity to review and provide input on the proposed rules. The period during which the agency accepts comments on the rule standing equal protection violation of 24th Amendment unlawful poll tax violation of the 14th Amendment discrimination First Amendment. 2. Unauthorized appropriation is a privacy tort – using someone's name, likeness, or voice for commercial advantage without his or her permission. The Midler case specifically used the California law of appropriation to decide the case. In order to sue for palming off, the owners would need to show that the product would create consumer confusion. On...
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...fact that the individuals would reconcile any unethical or immoral behavior. The different mechanisms individuals use to justify their moral behaviors include; first, the behavior could be justified in the sense that it could bring about or generate some unexpected benefits. For example, a person does something wrong and justifies it in the sense that the behavior could generate greater benefits than lose. Individuals will try to be polite in order to down grade the gravity or the graveness of the mistake. A person would not want to term an act of, for example ‘stealing’ what would rather call it ‘taking’. Another aspect that individuals would apply is the fact that individuals would more likely compare and contrast the behavior with unethical examples. This is to bring out a sense of justification by virtue of the fact that the behavior have once been encountered. The sense that something immoral have been done in the past brings out the element that the behavior is not serious. A person will not want to become accountable to own actions and responsibilities but would rather shift to someone else. A person will also dehumanize or term the victim of the behavior as an object, rather than a person. These are all means to justify the immoral behavior. Bandura’s theory explains...
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...problems and implementing solutions * Friedman: Execs are not competent to solve moral problems – should be left to governemtn Director/Officer “Duty of Due Care Standard” in the Business Judgment Rule Statutory duty to act: 1. “In Good Faith” – NO SELF INTEREST 2. “With Care of an ordinarly prudent person” BE INFORMED 3. “In manner reasonably believed to be in best interest of corporation” Comparison to a Professional’s “Duty of Due Care”: 1. Duty of Care 2. Breach of duty of care by a reasonably prudent professional 3. breach causes damages that were foreseeable. 4. Negligence Theory: , Can negligence be criminal—US v Parks case Yes! If informed of an issue, should follow through and ensure action was taken (supermarket example) States’ Differing Public Policy on role of stakeholders in making a decision that is in the best interests of the company * Half of the states say the officers and directors can take into account stockholders and other stakeholders (employees, customers, supplies, communities). * Pennsylvania and Indiana allow officers to place the interests of stakeholders above stockholders Why most companies choose Delaware to incorporate Management friendly. Example: business judgement rule Drucker’s Aristotelian statement--aligning a company’s competencies with societal problem “Organizations have a responsibility to try to find an approach to basic social problems which fits their...
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... * Commonwealth level – Electronic Transactions Act 1999 (Cth) * State level – Electronic Transactions (Victoria) Act 2000 Vic Validity of electronic transactions * Provides that a transaction is not invalid because it took place wholly or partly by means of one or more electronic communications (s 8 Cth, s 7 Vic). * The term ‘electronic communication’ is defined to include emails, web chatting, phone-texting and voice recognition systems. * May also exclude the general rule in relation to specified transactions and specified laws. * Where the electronic version serves the same function as the traditional paper-based requirement, it should be treated equally before the law. Writing * Where a law permits or requires a person to give information in writing, it is met if the person gives the information by means of an electronic communication. (s 9 cth, s 8 vic) Signatures * Where a law requires a person to provide a signature, if a method is used to identify that person and to indicate the person’s intention in respect of the information communicated then this requirement is taken...
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