...Ethics of Chemical and Physical Restraints Ethics of Chemical and Physical Restraints A restraint is the use of some kind of equipment or drug used for the purpose of restricting a patient from free will movements. There are times when using restraints would seem like the best thing to do for a patient, but in-fact it could be quite the opposite. Agens Jr., J. (2010). The use of restraints is mostly used to deal with an agitated patient, mainly can be found in residential-care facilities. Those 65 years and older have been reported to have higher restraint use rate in residential and acute care facilities. Many have been found with at least two different types of restraints at the same time. Mott, S., Poole, J., & Kenrick, M. (2005). How often restraints are used often will depend on what kind of restraint is used and the setting that it is being used in. According to Agens Jr., J. (2010) that in the health care facility setting has reported a 7.4% to 17% restraint use ten years ago, and a decade before that it was 28%-37%. Thanks to the Department of Health and Human Services and the new rules that the CMS put into effect in 2007, restraint use is down about 5%. The use of Chemical restraints is a bit higher than physical restraints that reached upwards to 34% in the long term care facilities. However, there is some hope that this number will decrease because of the US government regulation. Chemical and physical restraint use has been known to cause many hazards...
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...A) a) Color Additive is constrained to a maximum of 90 units per each production period. 6x + 15y is less than or equal to 90. The constraint equation is y=6-0.4x. This is a maximum constraint. b) Flavor Additive is constrained to a maximum of 72 units per each production period. 12x + 6y is less than or equal to 72. The constraint equation is y=6-0.5x. This is a maximum constraint. c) Nutrient C is constrained to a maximum of 30 units per production period. 4x + 4y is less than or equal to 30. The constraint equation is y=7.5-1x. This is a maximum constraint. B) If the company produces a combination of cases of Brand X and Brand Y the total contribution of profit that lies on the objective function is: (P) = ($40*6) + ($30*0) = $240. C) The cases of Brand X and Brand Y that I recommend should be produced during each production period for optimum production if Company A wants to generate the greatest amount of profit are: Using the provided graph, I slid the profit line out as far as possible, while maintaining the same slope, until it reached the very edge of the feasible region bounded by the three constraints. I then plugged the coordinates into the profit equation from B (shown below): Origin (x 0, y 0) 0 cases of Brand X (x=0), 0 cases of Brand Y (y=0): P = (40*0) + (30*0) = $0 Point 1 (x 0, y 6) 0 cases of Brand X (x=0), 6 cases of Brand Y (y=6): P = (40*0) + (30*6) = $180 Point 2 (x 2.5, y 5) 2.5 cases of Brand...
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...whether the networks’ (Visa and MasterCard) rules barring member banks from issuing cards on the rival networks were illegal restraints of trade under the Sherman Act, and in what way these rules harmed competition, we need to pay attention to several details. First, under Section 1 of the Sherman Act “every contract, combination in the form of trust or otherwise, or conspiracy, in restraints of trade or commerce among the several States, or wit foreign nations, is hereby declared to be illegal and is felony punishable by a fine and/or imprisonment”. On one hand, Visa, MasterCard, American Express and Discovery are the four major credit- and charge-card networks in the United States. This makes the credit card industry highly concentrated, meaning that a small number of firms control a large percentage of market sales. Although Visa and MasterCard are joint ventures and they bar member banks from issuing cards on rival networks, they still compete against each other. On top of that, Visa and MasterCard may argue that even though the rules that they established with member banks hurt their competitors (American Express and Discovery), it doesn’t necessarily harm competition. Amex and Discovery themselves issue cards to customers, thereby staying in the market. Also, the agreement can be considered a vertical restraint of trade. Vertical restraint is any restraint on the trade created by agreements between firms at different levels. While in case of Visa and MasterCard the banks issue...
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...characteristics have certain periods in their life cycle when a window of opportunity opens to start a business, because they perceive that their capacity (readiness) to start exceeds any restraints operating against them." Discuss whether readiness and restraint factors are likely to be more relevant in influencing the start-up decision of a potential small business owner more than the other characteristics Peacock (2004) is discussing. There are numerous opportunities and choices in a life cycle which each individuals face to make their own decision. Some are significantly influential and some are less influential to their life. In order to make up the decision, there are many factors you consider within yourself. Starting up an own business could be one of the choices people encounter when they discover a window of opportunity in their life cycle. The result of deciding whether to start up or not is significantly important as it can affect the living of ones current and future. Therefore unlike other choices, there are prioritized factors that are considered. These are the readiness and restraint factors. Peacock (2004, p43) states that high need for achievement and general self confidence are required to try something new and uncertain. However in my opinion, readiness and restraint factors are likely to be more relevant in influencing the start up decision of a potential small business...
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...Memorandum To: Senior Partner From: Junior Associate Lawson Date: September 15, 2015 Subject: Don Gerwin’s possible false imprisonment claim against Albert’s Book- store; prima facie claim and possible merchant’s privilege defense Questions Presented I. When Albert’s Bookstore restrained Don Gerwin for suspected shoplifting, did it restrain him coercively enough to satisfy the restraint element of the tort of false imprisonment, when an Albert’s employee who was significantly larger than Gerwin came up to Gerwin, grabbed him roughly, then, while other customers--including one of Gerwin’s students--looked on, pushed Gerwin to a back room office, and made him wait ten minutes without explanation? II. When Albert’s Bookstore restrained Gerwin, did it have probable cause to suspect Gerwin of shoplifting, and did it restrain him for a reasonable time and in a reasonable manner, thereby entitling Albert’s to the merchant’s privilege recognized in section 131.655 of the Wayne Revised Statutes: A. Under the merchant’s privilege, did Albert’s Bookstore have probable cause to detain Gerwin when an Albert’s employee noticed that Gerwin fit the police description of a suspected shoplifter about which Albert’s had recently been warned, and saw Gerwin reaching into his pocket while Gerwin was in an area of the store from which the employee believed that a pen set was missing? B. Under the merchant’s privilege, did Albert’s Bookstore detain Gerwin...
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...to provide services to help you. Commonwealth carer resource centres are operated by carers associations in each state. Practical written information about support services, home help financial entitlements, legal matters, respite care, health, wellbeing, dealing with grief, counselling programs, emotional support, educational and training opportunities. The HACC (Home and Community Care) services are: Home help, home modifications, home nursing services, food services and transport services. 3. The legal ramifications of Physical, Chemical and Psychological restraint- The term physical restraint would be the force necessary to restrict or limit the movements or limit the physical actions of an individual. Chemical restraint would probably refer to the OC spray, mace and tear gas that temporarily disables a struggling or resisting individual so that they may be taken into physical custody. Psychological restraint when...
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...Health and Safety in the Health and Social Care Workplace INTRODUCTION (300 words) This essay will look at three different learning outcomes, each using a specific case study for illustration. The first part will focus on the issues relating to health and safety legislation and how these are implemented in the work place. The Health and Safety can trace its origin back to the year 1833 when The Factories Act led to the creation of the first factory inspectors and whose role was initially tasked with only preventing injury amongst child workers (Jarvis, 2011). This has significantly developed, since then, into a ‘must-have’ policy at work places not just here in the UK but throughout the European Unions (EU). The case of North Staffordshire combined NHS Trust (NSC) which will be discussed in some detail is living proof that Health and Safety, if managed effectively, could lead to better outcomes for all stakeholders. The second part of this essay will focus on the practicalities and the implementation mechanism of Health and Safety at work or lack thereof and the consequences that an organisation which transgresses may suffer for non-compliance as seen in the case of South Birmingham Primary Care Trust. To this end, issues such as lifting and handling heavy loads as well as other dilemma faced by organisations in relation to health and safety will be explored with a view to grasping the implications not only at individual levels but also at corporate level. The final...
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...fraud and corporate economic exploitation interrelated? Which segments of society seem to bear the largest burden from these forms of corporate crime and which segments seem least vulnerable? Which of these forms of corporate crime concern you most and which concern you least, and why? Much corporate crime wreaks no violence but has vast political and economic consequences. In his landmark study of white collar crime, Sutherland (1949) focused almost entirely on corporate fraud that had economic rather than violent consequences. These offenses included restraints of trade; rebates; patent, trademark, and copyright violations; misrepresentations in advertising; unfair labor practices; financial manipulations; and war crimes. With respect to the last offense, Sutherland, writing during and immediately after World War II, examined illegal profiteering and violations of other laws (such as embargoes and restraints on trade of war materials) committed by corporations during the war. He concluded that for large corporations, profits took precedence over patriotism. Corporate abuse of power in the form of corruption of the political process has economic consequences for ordinary citizens. Corporations obtain favorable treatment on such matters as reducing their tax liability and increasing their freedom to raise prices or underpay workers. Corporations also use their immense economic clout to distort the political process in a system that claims to be democratic, and as a consequence...
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...The Role and Measurement of Quality in Competition Analysis 2013 The OECD Competition Committee discussed the role and measurement of quality in competition analysis in June 2013. This document contains an executive summary of that debate and the documents from the meeting: an analytical note by the OECD staff and written submissions: Australia, Canada, Chile, the European Union, Indonesia, Japan, Mexico, Portugal, United Kingdom, Ukraine, United States and BIAC. A note by Theodore Voorhees Jr. as well as a detailed summary of the discussion are also included. Competition policy is just as concerned with quality as it is with prices. While the importance of quality is undisputed and issues about quality are mentioned pervasively in competition agency guidelines and court decisions, there is no widely-agreed framework for analysing it which often renders its treatment superficial. There are a number of reasons why in practice, courts and competition authorities rarely analyse quality effects as rigorously as they analyse price effects. First, quality is a subjective concept and therefore much harder to define and measure than prices. In addition, microeconomic theory offers little help in predicting how changes in the level of competition in a market will affect quality and it is usually up to empirical analysis to determine how quality will change in response to varying degrees of competition in the context of particular markets. Given difficulties in terms of the evaluation...
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...RESTRAINT OF TRADE The doctrine of restraint of trade is a legal device to attempt to hold the balance between two competing factors - an employee’s freedom to take employment as and when he wishes, and an employer’s interest in preserving certain aspects of his business. Both factors are important, and indeed the law will protect the employer if necessary by the implication of the term fidelity in the contract of employment thereby restraining the employee inter alia from divulging confidential information. However, the employer may wish to go further and extract an express promise from the employee: a) Not to disclose certain information, b) Not to place himself in a position in which he may do so, e.g. by not working for a competitor for a certain period of time within a certain area after leaving the employment. It is thus established that an employer can stipulate for protection against having his confidential information passed on to a rival in trade. But experience has show that it is not satisfactory to have simply a covenant against disclosing confidential information. The reason is because it is so difficult to draw the line between information which is confidential and information which is not; and it is very difficult to prove a breach when the information is of such a character that a servant can carry it away in his head. The difficulties are such that the only practicable solution is to take a covenant from the servant by which he is not to go to...
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...Providing for restraint on employment in the employment contracts of the employees in the form of confidentiality requirement or in the form of restraint on employment with competitors is a common practice. However, this hinders the right of the employee to work and carry out the desired profession. While determining whether such covenant is in restraint of trade, business or profession or not, the courts take a stricter view in employer-employee contracts than in other contracts, such as partnership contracts, collaboration contracts, franchise contracts, agency/distributorship contracts, commercial contracts. The reason being that in the latter kind of contracts, the parties deal with each other on more or less an equal footing, whereas in...
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...My Lack Of Restraint Between the years of 1990 and 2007 the National Center for Safety and Statistics estimates the number of lives saved by airbags during an automobile collision to be 23,334. Of those lives saved, 9,685 of these passengers were not wearing seatbelts during the accident. The same research also confirms that over the same time period 284 deaths were confirmed as airbag related fatalities. I was sixteen years old when my father gave me first car, only two weeks after I had taken my driving test and received a driver’s license. Elated, I could care less that it was a massive and somewhat elderly vehicle (two years older than I was) so I spent the first few days washing and waxing it to perfection. Three weeks of freedom unfortunately was all I was given because of a severe oil leak that put an end to my beautiful 1983 Lincoln continental. Life for me was back to the basics which meant riding a bicycle and bumming a ride home from friends when necessary. Working five days a week after school and sometimes weekends, I was determined to buy myself a new vehicle and regain my independence. On a very cold January afternoon I was facing the task of trekking home through the cold weather and snow after school, as my mother had dropped me off in the morning and told me I would have to fair for myself to get home as she had an afternoon meeting. On my way out the front doors of school I noticed a familiar face, my friend Jenny, getting into the drivers seat of...
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...Title: National roadside survey of child restraint system use in Belgium Author: Roynard Mathieu Silverans Peter Casteels Yvan Lesire Philippe PII: DOI: Reference: To appear in: Received date: Revised date: Accepted date: S0001-4575(13)00346-1 http://dx.doi.org/doi:10.1016/j.aap.2013.08.021 AAP 3271 Accident Analysis and Prevention 13-12-2012 22-7-2013 20-8-2013 Please cite this article as: Mathieu, R., Peter, S., Yvan, C., Philippe, L., National roadside survey of child restraint system use in Belgium, Accident Analysis and Prevention (2013), http://dx.doi.org/10.1016/j.aap.2013.08.021 This is a PDF file of an unedited manuscript that has been accepted for publication. As a service to our customers we are providing this early version of the manuscript. The manuscript will undergo copyediting, typesetting, and review of the resulting proof before it is published in its final form. Please note that during the production process errors may be discovered which could affect the content, and all legal disclaimers that apply to the journal pertain. National roadside survey of child restraint system use in Belgium Roynard Mathieu*1, Silverans Peter1, Casteels Yvan1, Lesire Philippe2 Belgian Road Safety Institute (BRSI), Chaussée de Haecht 1405, 1130 Brussels, Belgium Laboratory of Accidentology and Biomechanics PSA Peugeot-Citroën / Renault (LAB), 132 rue des Suisses, 92000 Nanterre, France 2 1 Abstract Keywords: Child restraint system (CRS), CRS use, CRS misuse, unrestrained...
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...Judicial restraint enables the judge to respect the rule of law and restrain from creating new law in the course of his or her judgment. Additionally, it allows for the separation of powers between the judiciary arm of government and other two remaining arms (Schmidhauser, 2013). The Canadian judges observe restraints to the law regarding instances of individual rights. The Constitution is anchored on the basic understanding of fundamental human rights. Individual human rights refer to those that are inherently attributed to people by virtue of being human. An example of judicial restraint by Canadian judges relates to the Supreme Court ruling on the bestiality case. The judges used the available law, which was constitutional despite its failure to realize justice to the victim. However, in restraining the judges observed that the meaning of the bestiality law favored the animal more than man and as such, they could not twist the wording to alter the meaning of bestiality law to secure a conviction of the man. It should be of paramount that...
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...|Southern illinois university | |Heastie v Roberts | | | | | | | |6/12/2013 | |HCM 388 Summer 2013 | Heastie v Roberts Plaintiff: Almon B Heastie Defendants: Daniela Roberts, Security Guards, ER Tech Dawn Epley, RN Daniela Roberts, RN Josephine Onyema Hospital: Columbia Olympia Fields Osteopathic Hospital & Medical Center Claim: Personal injuries sustained in a fire which took place while involuntarily restrained on a cart while awaiting treatment in the emergency room Presided: Justice Karmeier delivered the judgment of the court, with opinion. Chief Justice Thomas and Justices Freeman, Fitzgerald, Kilbride, Garman, and Burke...
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