Negligence Definition Essay

A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one’s previous conduct). OVERVIEW Primary factors to consider in ascertaining whether the person’s conduct lacks reasonable care are the foreseeable likelihood that the person’s conduct will result in harm, the foreseeable severity of harm that may ensue, and the burden of precautions to eliminate or reduce the risk of harm. See Restatement (Third) of Torts: Liability for Physical Harm  § 3 (P.F.D. No. 1, 2005). Negligent conduct may consist of either an act, or an omission to act when there is a duty to do so. See Restatement (Second) of Torts  § 282 (1965). Five elements are required to establish a prima facie case of negligence: the existence of a legal duty to exercise reasonable care; a failure to exercise reasonable care; cause in fact of physical harm by the negligent conduct; physical harm in the form of actual damages; and proximate cause, a showing that the harm is within the scope of liability. Negligence is an actionable tort. This means that if one person’s carelessness causes an other personal injury, the injured party may sue to recover damages (money) for his or her injuries. The idea that a person can sue for negligence is a relatively new phenomenon, only about a century old. The reason for negligence’s late recognition is because common law traditionally recognized only intentional torts; that is, it held parties responsible for injuries that were the result of intentional acts. It was irrelevant that the actor did not intend to injure anyone, much less the injured party, but it only needed to be shown that the actor intended the action that caused the injury. In these cases, evidence of who caused what injury was affirmative, direct, and fairly objective. The concept of permitting someone to recover damages for injuries caused by someone’s lack of action or failure to do something was a revolutionary concept. Since its recognition as an action in tort, negligence has become a major source of very large jury awards. It is the root of all product liability cases. When  people complain about our legal system and the outrageous verdicts being awarded nowadays, they are speaking about negligence. Originally, negligence was recognized by the courts as part of the common law. Over time, as causes of action became more numerous and as damages became larger, various efforts were undertaken to limit the appeal of negligence lawsuits. The doctrine of contributory negligence eventually evolved, in some states, into a system of comparative fault that permitted recovery on a completely relative scale. Thus, in an accident one could be 90 percent at fault for one’s own personal injury and still sue to recover the 10 percent of the damages suffered that were caused by the other party.

Global Opposition to Neoliberalism Essay

Through the Internet, a movement began to develop in opposition to the doctrines of neoliberalism which were widely manifested in the 1990s when the Organisation for Economic Co-operation and Development (OECD) proposed liberalisation of cross-border investment and trade restrictions through its Multilateral Agreement on Investment (MAI). This treaty was prematurely exposed to public scrutiny and subsequently abandoned in November 1998 in the face of strenuous protest and criticism by national and international civil society representatives. Neoliberal doctrine argued that untrammeled free trade and reduction of public-sector regulation would bring benefits to poor countries and to disadvantaged people in rich countries. Anti-globalization advocates urge that preservation of the natural environment, human rights (especially workplace rights and conditions) and democratic institutions are likely to be placed at undue risk by globalization unless mandatory standards are attached to liberalisation. Noam Chomsky stated in 2002 that The term â€Å"globalization† has been appropriated by the powerful to refer to a specific form of international economic integration, one based on investor rights, with the interests of people incidental. That is why the business press, in its more honest moments, refers to the â€Å"free trade agreements† as â€Å"free investment agreements† (Wall St. Journal). Accordingly, advocates of other forms of globalization are described as â€Å"anti-globalization†; and some, unfortunately, even accept this term, though it is a term of propaganda that should be dismissed with ridicule. No sane person is opposed to globalization, that is, international integration. Surely not the left and the workers movements, which were founded on the principle of international solidarity—that is, globalization in a form that attends to the rights of people, not private power systems.

Scholarly Paper

The caring component of nursing encompasses much more than a combination of scientific and the technical. It encompasses the mandates a balance of â€Å"the head, the heart, and the hands† or â€Å"the science, the skill, and the spirit.† Nursing has its roots in the humanities, which address the wholeness of the persons for whom we care. Nursing has been sanctioned by society; nursing care satisfies a real human need. Nursing mandates the interaction with people at the most intimate level during the most crucial and critical times in their lives. And yet, the liberal arts in our educational programs continue to diminish to accommodate the scientific knowledge necessary to practice nursing. Nurse midwives provide comprehensive prenatal care including delivery for patients who are at low risk for complications. For the most part, they manage normal prenatal, intrapartum, and postpartum care. Provided that there are no complications, normal newborns are also cared for by a nurse midwife. Nurse midwives often provide primary care for women's issues from puberty post menopause. As a profession that seemingly demonstrates many of the same behaviors as obstetrics and gynecologist, we need to not only demonstrate but also document how midwifery differs from obstetrics and gynecology. Although the behaviors that a midwife, a physician a nurse- practitioner, or a physician's assistant demonstrate when providing women's health care may be similar, the origin, attitudes, and perception of the care may be radically different. If midwives truly provide women- oriented care with a focus on excellence in the process of providing care and attentiveness to outcomes, this should clearly be reflected in each client's medical record. Nurses long have been concerned with the psycho-social responses of clients to health and health alterations. The interrelationship of physiological and psychological heath requires careful attention to both dimensions within the client's family, cultural, and environmental context, and with consideration of the client's developmental level. (Tharpe, 2006, p, 1) Psycho-social functioning has two components: intrapersonal and interpersonal. Intrapersonal functioning refers to that which goes on within the individual, whereas interpersonal functioning involves a person's interactions or relationships with others. During the intrapersonal and interpersonal assessment the nurse's attention should focus on the client's current psychosocial status, with enough history to yield an appreciation of the individual's present â€Å"self.† For a comprehensive approach, the intrapersonal and interpersonal components of the nursing assessment should not be isolated from other parts of the assessment. For example, while assessing a client's physiological status, the client's interaction with and responses to the nurse provide information about cognitive style, affect, and language. (Styles, Patricia 1996, 7) The current motto of the American College of Nurse-Midwives- â€Å"With women, for lifetime†- summarizes concisely the vast area of midwifery health care. While the name â€Å"midwife† conjures images of pregnancy care and attendance at birth, the fact is that for century's midwives have been called upon to assist women in health care matters that have extended beyond childbearing. Historically, midwives have helped women with issues regarding menarche, menstruation, and menopause. And this historical role has not only extended throughout the twentieth century but has expanded further. (Vaeney, 2004, p, 380) Reference Bellack, P, Janis. Barbara, J, Edlund. (1992). Nursing Assessment and Diagnosis, London: Jones & Barlett Publishers, 337 Cody, K, Willam. Kenny W, Janet. (2006). Philosophical and Theoretical Perspectives for Advanced Nursing Practice, London: Jones & Barlett Publishers Styles, Madden, Margretta. Patricia, Moccia. (1996) On Nursing: A Literary Celebration: an Anthology, London: Jones & Barlett Publishers, 7 Tharpe, L, Nell. (2006) Clinical Practice Guidelines for Midwifery & Women's Health, London: Jones & Barlett Publishers, 1 Vaeney, Helen. Kriebs, M, Jan. Margretta, L, Carolyn. (2004). Verney's Midwifery: fourth edition, London: Jones & Barlett Publishers, 380      

Case study of a man with parkinsons disease

Case study of a man with parkinsons disease Mr Henderson has arrived in hospital after a history of falls at home and has just commenced a new medication regime. It is very possible that he may be anxious, worried, frightened as a result of falling at home which also may result in loss of confidence. He may also be apprehensive about his new medication regime. Having been diagnosed with Parkinson’s for 5 years, he more than likely knowns the importance of getting his medications on time, in reducing the symptoms allowing him to maximise his independence. However, it is not for the nurse to presume this and she/he must sit down, talk to him, allowing him time to talk and express his worried and anxieties. This was help to establish a relationship and Mr Henderson will understand that you are there to support him throughout his journal of care. The nurse should also make sure that all members of the multidisciplinary team are aware of Mr Henderson’s condition and if they are not aware of the importance of getting medication on time out with ‘normal’ drug rounds then they should be informed of its importance and understand the significant consequences resulting from not getting the drugs on time such as reduced independence and prolonged hospital stay. As medications are a large part in maximising independence and mobility and it may be suggested that Mr Henderson receives his medications before getting out of bed in the morning. This will allow time for the drugs to work and therefore enabling him to get out of bed more easily. ‘Freezing’, a symptom of Parkinson’s’ disease can be distressing for patients. It affects gait initiation, turning and moving through small spaces, such a doors and busy areas. Anxiety can exacerbate freezing and it is vital that the nurse can firstly recognise anxiety, this may be achieve through effective communication and listening skills and secondly developing strategies to reduce anxiety levels such as allowing him time to talk, listening and taking on board his expressions allowing for a trusting relationship to be developed, helping him to build in confidence and preparing him psychologically for going home. Various strategies have been suggested to assist with ‘freezing’. Alexander, Fawcett and Runicnan (2006) suggest cognitive techniques in breaking down movement. They suggest breaking down the task of getting out of bed in the morning and describe that patients should bend their knees so that feet are flat on the mattress and they the patient should swing knees in the direction that he wants to turn. The next stage involves clasping both hands and lifting them straight up, straightening the elbows, then turning the head and swinging the arms in the same direction as the legs. Finally the patient can grip the edge of the mattress and adjust his position until comfortable. When Mr Henderson is mobilising then it is important that he does not have any distractions and the nurse or othe r members of staff should not disturb or interrupt if at all possible as this could lead to ‘freezing’. The Parkinson’s Disease Society describe cueing strategies as external meaning visual, auditory or preprioceptive or internal meaning cognitive.

Should the United States open its doors to more (or fewer) immigrants Essay

Should the United States open its doors to more (or fewer) immigrants - Essay Example This is where all people aspire to live in and make a living. It is through such thoughts of making it big in the United States that lead to many people trying to relocate there. However, their means of getting into the country might not be through the right or legal channels. They, thus, end up being caught by immigration officials because of trying to sneak into the country. Deportation is followed immediately they are found out with nothing and sometimes, they might serve a jail sentence. The United States should not open its doors to immigrants and the reasons for this are clearly discussed by reviewing the effects of allowing a lot of immigrants into the country. The flooding of immigrants into American soil has had very many effects. There are positive, but there are also negative effects. Those in favour of America closing down its borders to immigrants argue that the negative things outweigh the positive. This school of thought could be true. The attitude that has brought this on cannot be blamed entirely on stereotyping among those against it. It is a known fact that the different cultures that cross the border into American soil bring a difference into the land (Bromwell, p. 32). This difference most of the times is not always positive. An example is the Muslim religion. This religion does not go down well with some of the American people. The religion is usually affiliated with violence. Protests and demonstrations have been carried out to ensure the religion does not spread more than it already has. Over the past decade, Americans have allowed immigrants to be citizens of their country. This means that more and more of the original inhabitants of the land are growing extinct with each passing year. This should not be the case. Native Americans, the original inhabitants of America, are being considered immigrants (Bromwell, p. 45). This is due to their small number and dying culture. Once again, the factor

What was the idea, belief, or movement that had the greatest impact on Research Paper

What was the idea, belief, or movement that had the greatest impact on Western civilization from the Enlightenment to the present day - Research Paper Example First, there was a need to make an improvement in technology. An improvement in technology would improve the world to a better place (Perry 12). Secondly, it was a prudent approach to make advances on science. In the ancient times, science was part of the society. Consequentially, the people were using traditional approaches in science, which recorded dismal performance. Thirdly, there was a need to mark an improvement in the social organisations of the day. With a collective bargain on the three issues, the human condition would be improved. This called for reaction from different individuals, governments and organisations that were directly involved in governance. Therefore, concentrating on these issues would yield results. Though it would take time, their efforts were greatly rewarded. Apparently, they were geared towards improving social progress that would improve the lives of people. This would also have an impact on developing economy and improve science and technology applic ation. There are notable ideologies and movements that were influential in steering western civilization in the world. To begin with, the idea of revolution was an influential approach in the western countries. North America was among the first regions to induct revolution in improving the human condition (Spielvogel 18). Many British colonies decided that this was the right time to bring change in various aspects of the country. First, they focused on improving the economy. They noted that the economy was strong pillar that would be influential in improving human condition. As such, they had several ideologies that would improve their economy. As such, they had to make a different approach by employing sophisticated ideas that would develop their economy. In perfecting their economy, some countries like Britain decided to develop great cities. This was particularly successful since they had a large population that would provide the much-needed labour. For instance, a better part of the population was the Britain ascent. However, there were other minorities which included the Dutch, Irish and black slaves (Sherman 17). The large population would provide descent labour to build cities across the nation. With developed cities, the region was able to record an improvement in the economy. In making an even better improvement, the region accepted immigrants from neighbouring regions. This would increase the number of people in need of employment. In return, the economy would gain by utilising the labour provided by the population. One of the ideas that improved the economy of the region was the introduction of taxes. The Britain government felt that the population needed to pay taxes. This was a move to increase the revenue collected by the government. In actual sense, the Britain government felt that all colonies should pay taxes that would run the government (Spielvogel 21). Consequentially, there was opposition from the colonies that felt overburdened by the tax es. Apparently, their grievances and opposition did not deter the government of the day from implementing the tax. This is particularly due to non-representation in the government. This was a milestone to improving the economy as the governments continued to amass revenue. While focusing on these revolutions and change in the economy, there are many regions that benchmarked the ideology. For instance, Canada, Australia and New Zealand made possible changes to mark an improvement in the economy and culture. This collectively improved the western countries to a better social and economic path. There was a belief that improving education and application of science would improve the world, especially the western count

Dose makes the poison Research Paper Example | Topics and Well Written Essays - 500 words

Dose makes the poison - Research Paper Example Our body itself is a combination of chemical elements and compounds. It is vital to divide the chemicals present in our environment into the good ones and the harmful ones. Moreover, also focus on how the toxic and deadly effects of the chemicals can be avoided is also of importance. The story of Strong Poison by Dorothy S. Layers revolves around a mystery case of the murder of Philip Boyes by arsenic poisoning. Harriet Vane is accused of the murder of her fiancà ©, as she is a crime novelist and knows an awful lot about the novel and all the evidence points in her direction. However, Lord Peter Wimsey is convinced of her innocence and struggles to convince the jury as well. The book discusses a great deal about the arsenic poisoning and the symptoms the victim suffers from, bringing the horrifying adverse effects of a toxic chemical under highlight. It is vital to understand what is toxic in our environment and can lead to adverse effects. A toxic substance is a substance that can be poisonous or cause health effects. Toxicity of a substance is not measured on the basis of its severity of effects; it can strike a single cell, a group of cells, an organ or the whole body. It is basically measured to the degree to which it is poisonous to biological organisms including humans. Chemicals toxicity is also dependent on the dose of the chemical, route of exposure, the duration and the number of incidents of exposure, and individual’s susceptibility. In 1500s, Philippus Aureolus brought forward the argument that a chemical can be entirely harmless or even advantageous at low concentrations but the same chemical can turn into toxic at higher levels. He stated, â€Å"All substances are poisons; there is none which is not a poison. The right dose differentiates a poison from a remedy† (Trautmann). Indeed many chemicals which are beneficial at low concentrations even essential for human health can lead