...litigation on the role of the law of tort in japan. After minamata, what are the litigations, how these cases change the role of law of tort in japan. Any wider impact and significance ? japan’s image etc. 2012 ‘The long running Minimata litigation exposes the weaknesses of Japan’s treatment of environmental pollution.’ Discuss. How weak was the law on environmental pollution. How it has changed since then. 2010 Consider the significance of the Minimata litigation on Japan’s approach to environmental protection. How the environmental protection has changed. How the cases come to court more. The contemporary enactments. “The Minimata litigation is an example of the failure of law and lawyers in Japan”. Discuss. How did the law and lawyers fail. Discuss the role of the courts in protecting human health and the environment in the light of the Minamata (1973) litigation. What was the role of the courts in protecting human health and environment in Minamata. After that, the cases that ensued, what role do courts play. And what about now. ------------------------------------------------- Introduction Pollution cases and product liability cases, where tortfeasors are major companies and the loss is widespread. The development of technology made atomic energy and various highly hazardous materials available. There are also medical malpractice cases. Despite the social changes, provisions regarding tort liability...
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...TORT REFORM AND ELDER LAW: A TORT REFORM EXAMINATION THROUGH THE LENS OF ELDER CARE Older Americans are one of the fastest growing demographic subgroups in the nation. The healthcare needs of this discrete subsection are unyieldingly broad; drawing from variances in traditional emergency medical attention, additional routine healthcare inspections, and even to custodial long term care needs. With this weighty class and the immense healthcare needs and requirements, come intricate liability and legal concerns. Countless challenges await the elderly in attempting to litigate healthcare suits, from state policy variances, to damage caps, to demonstration of harm. It is abundantly clear the legal framework should be retuned, and retuned, specifically,...
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...Brian Ardizzoni Michael Neil English 1301, Composition 1 25 November 2012 Medical Malpractice For nearly forty years, tort reform constantly becomes an increasingly controversial issue affecting the medical community, the legal community and most of all, the victims of some very unfortunate accidents. Tort reform refers to laws passed on a state-by-state basis which place limits or caps on the type or amount of damages awarded in personal injury lawsuits. Those who advocate medical malpractice tort reform believe limitations should be set on the amount of damages a plaintiff or injured party can be rewarded by the court. These advocates usually include medical professionals and insurance companies. Their argument is that too many frivolous lawsuits lead to high malpractice insurance, the increasing cost of medical care and a burden on the taxpayers whose tax dollars absorb the extravagant litigation costs for these claims. They believe doctors will eventually be unable to practice medicine due to costly malpractice insurance premiums which may leave many Americans unable to obtain much-needed healthcare. In the past, as the rate of malpractice suits began to grow, so did the rate of malpractice insurance. This ended up having a dire impact on the medical profession. For one thing, many qualified doctors ended up leaving their practices and focusing more on preventative medicine. In other words, they...
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...AFFECTING NURSES | | 7 | SELECTED LEGAL ASPECTS OF NURSING PRACTICE | | | COMPONENTS AND CHARACTERISTICS OF THE LEGAL PROCESS | | 8 | LEGAL PROTECTIONS IN NURSING PRACTICE | | 9 | | | 10 | NURSING PRACTICE AND THE LAW | | 11 | LEGAL ISSUES IN PRACTICE | | 12 | NURSE–CLIENT RELATIONSHIP | | 13 | LEGAL ROLES OF NURSES | | | SUMMARY | | | CONCLUSION | | | RESEARCH ABSTRACT | | 14 | BIBLIOGRAPHY | | OBJECTIVES * To introduce legal considerations * To define law * To understand sources of law * To list out the types of law * To explain the selected legal aspects of nursing practice * To understand the components and characteristics of the legal process * To explain the regulation of nursing practice * To enumerate standards of nursing care * To describeselected legal aspects of nursing practice * To explainlegal protections in nursing practice * To describe nursing practice and the law * To describe legal issues in practice * To explain nurse–client relationship * To list out the guidelines for safe nursing practice * To formulatelegal roles of nurses * To explain the legal responsibility of nursing students INTRODUCTION Nursing practice is governed by many legal concepts. It is important for nurses to know the basics of legal concepts, because nurses are accountable for their professional judgments and actions. Accountability is an essential concept...
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...Univerity HS101 Unit 9 03/26/2013 1. List 2 examples of legal issues affecting healthcare and describe how you determined your choices to be legal issues. Two examples of legal issues affecting health care are- labor and employment issues because it seems like there is always some kind of a lawsuit being brought forth about age discrimination or requests for accommodations for employees with disabilities. Medical malpractice and tort reform how can you not determine that to be legal issue when even the President of the United States of America talks about it in a State of the Union address. 2. Give 2 examples of ethical issues affecting healthcare and describe how you determined your choices to be ethical issues. Two examples of ethical issues affecting health care are- equal treatment vs VIP treatment for donors and influential people this is an issue that seems like it will never go away because some people fight with the idea of feeling like they have to spend more time and or give special treatment to large financial donors, and trustees family members because they are helping keep the doors open and the business functioning properly and as well have the power of your job placement. Another ethical issue in health care is the addressing nurse moral distress about providing care with minimal benefit. As we learned in the case of Terry Schiavo these cases can be difficult for everyone and drain some bedside nurses to the point of asking themselves why am I doing this? Am...
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...Nursing Name: Liz Ortiz Health Rights & Resp Nursing In the field of health care, the word malpractice originally encapsulated the negligent mistakes or wrongs that a physician did. In the past, a distinct division subsisted between a physician and a nurse. The nurse operated within a well-defined framework that mainly entailed implementing orders from the physician. The roles of diagnosing patients, treating their different symptoms, and prescribing medication to them were solely roles of the physician. Thus, it was virtually unprecedented for a physician's orders to be criticized by a nurse since nurses (Peterson & Zimmerman, 2006). However, times have changed, and the roles of a nurse have substantially changed. Presently, nurses commonly assume some physician's roles such as patient's examination of patients, diagnosis, and their subsequent treatment without any arranged supervision of a physician. Nursing has evidently matured into an increasingly specialized, advanced, sophisticated, and independent profession hence expanding the roles of a nurse. Resultantly, the liability for fundamental nursing negligence has moved to its professional counterpart, which is malpractice liability. Nevertheless, obstetrical nursing is the field of nursing that is highly taxing since it involves the most delicate tasks of assisting doctors to handle pregnant women and delivering them of their babies (Peterson & Zimmerman, 2006). A situation in which a nurse can be...
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...been killed. She suffered serious injuries. On arrival at the hospital, she was attended by Dr. David L. Shulman, a family physician practising in Kirkland Lake who served two or three shifts a week in the emergency department of the hospital and who was on duty at the time. Dr. Shulman's initial examination of Mrs. Malette showed, among other things, that she had severe head and face injuries and was bleeding profusely. The doctor concluded that she was suffering from incipient shock by reason of blood loss, and ordered that she be given intravenous glucose followed immediately by Ringer's Lactate. The administration of a volume expander, such as Ringer's Lactate, is standard medical procedure in cases of this nature. If the patient does not respond with...
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...this chapter, the learner should be able to: 1. Differentiate between public and private law. 2. Compare and contrast contract and tort law. 3. Compose a scenario that illustrates the difference between the substantive and procedural aspects of criminal law. 4. Identify and explain the differences between various sources of law. 5. Describe the branches of government and their roles in creating, administering, and enforcing law. 6. Explain the process of how a bill becomes a law. 7. List and describe quasi-legal requirements to which health-care organizations are subject. KEY CONCEPTS Common law Conflict of laws Constitution Contract law Deeming authority Electronic case filing systems Felonies 2 Law Misdemeanors Ordinances Private law Procedural law Public law Res judicata Separation of powers Stare decisis Statutes Substantive law Tort law Words of authority Workings of the American Legal System INTRODUCTION As health care becomes more complex, the interplay between the law and health care increases. Government regulation of the health-care field continues almost without pause while lawsuits against health-care providers appear to increase. The interplay of these forces significantly affects the health information manager’s ability to manage patient-specific health information. Thus, the health information manager must possess a fundamental understanding of the law. This chapter provides that understanding through a discussion...
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...medical care, and for-profit insurance companies all play a part in America’s failing healthcare system. As one of the most technologically advanced countries in the world with plentiful resources to boot, 40 to 50 million uninsured citizens are unacceptable (Boseley, 2012). Our government needs to step in and reform the system, but exactly how to accomplish this task has become a national issue. In addition to the debate of adopting a national healthcare system (Obamacare,) reforming the Medical Liability System, or MLS, could very well be the answer to providing healthcare for each and every United States citizen. Optimizing promising practices, ensuring patient safety, and reducing healthcare costs are all ways to effectively bring our country back up to speed in what should be a rewarding and lucrative experience for both patients and their physicians. With the United States ranking 37th out of 191countries total in terms of health care, it is not surprising that there are millions of Americans uninsured, but even more alarming is the fact that there are 38 million people in the with inadequate health care coverage (pbs.org). (Please refer to the table on page 7 for the break-down on the number of American’s covered.) These numbers are a huge deterrent when deciding whether or not to seek medical attention for non-life-threatening illnesses. This brings up the issue of primary care physicians, or PCP. PCP’s provide a central role in an individual’s health care. In...
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...Introduction The most basic definition of tort law is a “civil wrong which can be redressed by awarding damages” (Cornell University, 2010). Through the following paper, this basis definition will be used to decide whether two cases, Haimes v. Temple University Hospital and Vandevender v. Sheetz, Inc. were frivolous and whether the outcomes were appropriate. Throughout this paper, eight questions will be applied to determine the merit of the two lawsuits. The eight questions are as follows: 1. What are the facts? 2. What are the issues? 3. What laws apply? 4. What did the judge and jury decide? 5. Did the judge and jury make the appropriate decision based on the applicable laws controlling the case? 6. What are the ethical issues in the cases? Do the ethical issues differ from the legal issues? 7. Based on the research could either one or both of these cases be considered frivolous? 8. How could the business owners have prevented the lawsuits? What advice can you give them for the future? Furthermore, by apply the eight questions above I will attempt to determine whether the two lawsuits were perfect examples of the issues facing the United States legal system and whether they characterize the ability to people to bring frivolous claims to light or whether they two lawsuits were unfairly made poster children for excessive rewards without full understanding of the facts of the case. What are the facts? Vandevender The facts presented in the Vandevender...
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...ram4577X_ch03.qxd 4/16/04 11:50 Page 37 Legal and Ethical Issues in Medical Practice, Including HIPAA AREAS OF COMPETENCE 2003 Role Delineation Study CLINICAL Fundamental Principles ɀ Apply principles of aseptic technique and infection control ɀ Comply with quality assurance practices Patient Care ɀ Coordinate patient care information with other health-care providers GENERAL Legal Concepts ɀ Perform within legal and ethical boundaries ɀ Prepare and maintain medical records ɀ Document accurately ɀ Follow employer’s established policies dealing with the health-care contract ɀ Implement and maintain federal and state health-care legislation and regulations ɀ Comply with established risk management and safety procedures ɀ Recognize professional credentialing criteria CHAPTER OUTLINE ɀ ɀ ɀ ɀ Medical Law and Ethics OSHA Regulations Quality Control and Assurance Code of Ethics ɀ HIPAA ɀ Confidentiality Issues and Mandatory Disclosure OBJECTIVES After completing Chapter 3, you will be able to: 3.1 Define ethics, bioethics, and law. 3.2 Discuss the measures a medical practice must take to avoid malpractice claims. 3.3 Describe OSHA requirements for a medical office. KEY TERMS abandonment agent arbitration assault authorization battery bioethics breach of contract civil law contract crime criminal law defamation disclosure durable power of attorney electronic transaction record ethics expressed contract felony fraud ...
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...Forthcoming: 72 Fordham L. Rev. 1857 (2004) RAWLSIAN FAIRNESS AND REGIME CHOICE IN THE LAW OF ACCIDENTS Gregory C. Keating* The political philosophy of John Rawls is pregnant with implications for the tort theory. Our law of intentional and accidental physical injury is rich with the rhetoric of reasonableness and fairness, and these ideals lie at the heart of Rawls’s political philosophy. The figure of the reasonable person is central both to the law of negligence—where it serves as the master criterion of justified risk imposition—and to the law of intentional torts—where it helps to define the contours of permissible self-defense, the sensibility by which the offensiveness of contact in battery is measured, and the content of the consent given in connection with matters as diverse as The concept of contact sports and medical operations.1 reasonableness figures prominently in strict liability as well. The intentional infliction of unreasonable harm triggers liability for damages in the law of nuisance, and strict liability in general can be fruitfully understood as a form of liability applicable when the conduct which leads to accidental injury is reasonable, but the failure to make reparation for the harm done is unreasonable.2 Principles of fairness figure more prominently in the judicial rhetoric of strict products liability than economic ideas of efficient precaution and efficient insurance do.3 * William T. Dalessi Professor of Law, USC Law School. For instruction...
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...effect as his wife and two children prepared to leave the city. Sandy remained near the plant to keep a close eye on his 110-year-old company and keep production working at a minimal capacity. With his family out of the city, Sandy uncharacteristically decided to shut the bakery down, secure its exterior, gas lines and doors and encouraged his employees to prepare their own homes and loved ones for the storm and potential evacuation. Both Sandy and the Leidenheimer management team keep home phone numbers and emergency evacuation contact information for all employees. 23 LOOKING AHEAD Managing Risk in the Small Business S After most of his employees had left, only Sandy, his plant manager, and chief engineer, all of whom play key roles in the business’s preparedness plan, remained in New Orleans. Once Sandy and the others had completed their assigned duties in the emergency shutdown, they left as well. While driving to meet with his family in Baton Rouge, Sandy was struck by the unusualness of the event. “Things were very different this time around,” said Sandy. “But in the gridlock I still...
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...This article is published in a peer-reviewed section of the Utrecht Law Review The Use and Influence of Comparative Law in ‘Wrongful Life’ Cases Ivo Giesen* 1. Introduction** 1.1. Comparable stories of great grief In 1993, a South African boy named Brian Stewart was born severely handicapped. He suffers from ‘spina bifida’, a congenital defect to the lower spine, which negatively affects the nerve supply to the lower limbs, bladder and bowel. He suffers from a brain defect as well.1 In 1994, a Dutch girl named Kelly Molenaar was also born severely handicapped. By the time she was two-and-half-years old she was diagnosed as being retarded, autistic, not fully grown, not able to walk or talk, suffering from heart disease, bad hearing and poor eyesight and she was not able, at that time, to recognize her parents. She had been admitted to hospital on nine occasions due to continuous crying, believed to be caused by pain.2 Comparable stories about severely handicapped children can be found in several other countries as well. Both Brian and Kelly were not supposed to have been born in the sense that their mothers would have chosen for an abortion had they known in time about the birth defects their children would suffer. Brian’s mother would have undergone a termination of her pregnancy had the obstetrician and gynaecologist she consulted detected any abnormalities in the foetus and advised her thereof. Kelly’s mother had asked the obstetrician she consulted to carry out some...
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...4 Negligence: duty of care Learning objectives At the end of this chapter you should be able to: • have an overview of the history of negligence; • describe the function of duty of care in negligence; • appreciate the way duty of care has been defined and developed; and • apply the principles of duty of care in the areas of omissions and liability of public bodies. 04-Bermin-Chap04.indd 42 2/6/2008 7:39:32 PM 4.1 Introduction Negligence began to be recognised as a tort in its own right around the beginning of the nineteenth century. Before that time, the dominating action for personal injury was the writ of trespass. Trespass was initially concerned only with direct acts, however, during the nineteenth century the focus shifted to the distinction between intentional wrongs (trespass) and the unintentional (negligence). As we have seen, negligence was originally described in terms of a duty imposed by law and thus it will be seen that duty is one of the three key elements of negligence today. Negligence evolved as a means of loss-shifting at a time when there was little or no insurance or state welfare provision. The industrial revolution in the nineteenth century brought with it increased risks of injury to those working in factories, mines, quarries, and other dangerous situations. The development of railway transportation and mass production dramatically increased the potential for many people to be affected by the faulty conduct of strangers, at the same time...
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