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  • Archive for the ‘Ethics’ Category

    The Aggressive Ad Agency

    Recommendation

    The recommended action that Rob Lebow is supposed to take is to refuse the offer that has been offered by the Rossin Greenberg Seronick & Hill of the sale of confidential information of the Lotus or even the offer of the experience of employees who worked with the Lotus Corporation.

    Reason for recommendation

    The reason for the recommendation to refuse the offer from Neal Hill is because the secret information of the Lotus Corporation would derive its economic values as Bundy and Kahnke, (38-41), suggested. The Microsoft Company will have received the information without the consent of the Lotus Corporation which is not the right way to get such information. The information would be of great use to the Microsoft company but is could later cause damages for the company.

    Relevant facts

    If Rob Lebow accepted the information that was to be provided by Neal Hill, he would be guilty of misappropriation which is the use of trade secrets of another company. The Microsoft Company would be guilty of acquiring information and secrets of another company through improper means.  It is illegal to acquire information from a person who did not get the information through the proper way and who is not the legal owner of the information. Such information should not be used.

     

    Catholic social teaching approach

    The catholic social teaching would approach this case by advising the Microsoft Company to reject the offer. This is because catholic social teaching teaches about fair trading which is supposed to be practiced by all in the catholic belief. They teach on business ethics which is to be applied in business on everyday life. The teaching of the Catholics forbid the people to be opportunists and they teach that in business people should consider each other.

     

    Reference

    Bundy. K and Kahnke. R., Trade Secrets.  Periodical. (2011), p38-41, 4p

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    Research and informed consent.

    Abstract.

    This research paper is on the topic consent for the assessment and evaluation of parents knowledge aboit the use of inhalers and nebulizers in their asthmatic children. The purpose of the research paper is to present the outcomes on the level of knowledge the asthmatic children’s  parents and guardians possess on the effective management of the asthmatic disease in questionnaire forms. The hypothesis  of this research study is, “ does parents and quardians of children with asthmatic diseases possess enough knowledge on the proper use of inhalers and nebulizers prescribed to them  by their doctors?”. Participants with asthmatic children were requested to complete questionnares which were enquiring about their childrens’s asthmatic conditions, their treatment as well as their use of  various drugs, inhalers and nebulizers. Demonstrations were also carried out concerning how they utilize the inhalers . the information gathered from this research confirmed that majority of the parents and  guardians of asthmatic children lacked proper understanding and knowledge on the administration of inhalers and nebulizers in their asthmatic children. The outcome of the questionnaires suggested that only a quarter ofh the study sample understood properly the use of inhalers in their asthmatic patients. Therefore the findings from this research shows that there is urgent need for the formulation of guidelines aimed at teaching and training of parents and gfguardians of  children suffering from asthma  on the proper use and management of asthmatic drugs  and inhalers.

    Introduction.

    This research paper on asthma in children has been chosen in order to evaluate the degree of understanding that parents as well as guardians  of asthmatic children possess about the proper administration and management of asthma. This subject has been chosen for research because asthma has become a very common disease in children. The treatment of this disease has also been reinforced over the last few years. There has also been a wide use of  nebulizers and inhalers than the use of ijections and syrups in the management of asthma. Therefore ther is need for thre proper use of inhalers so that the asthmatic patients can gain the desired effects of their use.

    This reseach will also be of great significance to the medical ethics because it will provide essential values and judgements which can be incorporated in the practice of medicine. The research findings will also provide sufficient knowledge to doctors on the effective procedures for prescriptions of inhalers and nebulizers to asthmatic patients. The elements on discussion in this research paper will include the procedures used , the possible risks or benefits arising from the subject of research , the research methodologies employed as welll as the results or outcomes of the study. A search of the literature for this research paper was conducted using sources from the internet such as the Ebscohost, the Proquest,, as well as the Emerald virtual library sources. Sources from the public medical journals and other publications of useful information were also consulted.

    A total of eighty six parents and guardians with children suffering from asthmatic disease were recruited into this research study. These parents and guardians were to undergo the process of responding to raised guestions as well as filling of the provided quesionnares. The parents and quardians participating in this study were asked questions concerning their children, the mode of treatment administered to their sich young ones as well as the use of the various drugs prescribed to them . the study also enquired from the parents and quardians about their use of the inhalers and nebulizers for those who had been prescribed by their medical doctors. This reseach study  also carried out various  practical demonstratioins on the use of nebulizers and inhalers.

    This reseach study lasted for a period of two days with each of the parents as well as quardians taking about half an hour to be interviewed as well as  fill the questionnaire forms. All the parents and quardians recruited into this research study were competent grown ups who possessed a good mastery of the engliush language. However the parents and quardians who were not willing to participate in this reseach study were excluded from the study. This research study sample also comprised of fourty six males and fourty  females. The research study also incorporated the use of photography and video recording as well as tape recording.

    The research study likewise required the various participants, that is the parents and quardians to give a consent before undergoing the various processes involved in the study.. this was by the process of filling consent forms which were availed to them by the researchers. There was no much risk associated with this kinde of study except only the valuable time of the parents and guardians who had turned up for the study. There were also no direct benefits associated with this kind of research study to the parents and guardians who had volunteered themselves for the study.  However,the final results realized from this research study were to be of great importance in the formulation of acceptable teaching and training guidelines for the parents and guardians of these children suffering from asthmatic disease as well as the efficient management and treatment of the disease.

    The parents and guardians were also required to volunteer themselves in the research study. No ome was forced to participate and therefore one was free to refuse or accept

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    Ethical issues regarding third party-payer mechanism in dentistry.

    This topic on ethical issues in relation to third party-payer mechanism in dentistry is an ethical issue because it incorporates values and norms related to ethics. The issues underlining the third party payer mechanism in dentistry are more related to ethics. The third party payer mechanism in the practice of dentistry also incorporates norms for conduct which differentiate between the acceptable and the unacceptable behavioral habits. This topic on ethical issues in relation to the third party payer mechanism in dentistry has been chosen for discussion because of the increasing ethical issues which need to be addressed concerning the quality of health care which is provided by the dentistry practice to the patients who form the first party. The topic on the ethical issues regarding to the third party mechanisms in dentistry has also been chosen for discussion due to the increasing claims that have been channeled online by the first parties, which range from abnormal charges as well as low quality health care provided by the dentistry practice. The topic has therefore been chosen in order to try to cultivate on these ethical issues regarding third party payer mechanism in the dentistry practice as well as try to search for solutions to such issues.

    The topic on ethnical issues and problems regarding third party payer mechanism in dentistry therefore, presents ethical issues regarding to the third payer mechanism in the practice of dentistry as well as suggest the appropriate approaches to resolving them. The topic also looks at the theories of ethics and principles with the inclusion of the society’s rising concerns for the continued maintenance of ethical values and standards of all aspects in the third party payer mechanisms in the dentistry practice. It also examines how the third party payers perceive ethical problems in dentistry as well as the actual ethical issues encountered by the third party payers in dentistry. Such issues may include then quality of care provided by dentistry practice to the first party as well as the extra professional relationships with their first and second parties in dentistry (Horvath, 2003). This topic also examines the ethical principles in relation to third party mechanism in dentistry such as the principles of fidelity, autonomy, as well as the ethical principle of justice. The contents of the topic try to assist the third parties in determining whether any given ethical action or practice undertaken in the dentistry practice is either morally right or wrong. The topic also includes some practical approaches for resolving dilemmas faced during the execution of ethical issues in the practice of dentistry as well as effective decision making within the scope of the third party mechanism in dentistry.

    According to Horvath (2003), the ethical issues regarding the third party payer mechanism in dentistry also observes some of the every day problems on ethical issues that arise in the third party mechanism in dentistry. Here, the discussion starts with the ethical issues that arise during the establishment of relationships with both the first party who is the patient as well as the second party which refers to the dentistry. The moral conflicts arising from the establishment of these relationships also form part of the discussion on ethical issues in relation to the third party payer mechanism in dentistry. Also included in the topic are ethical issues related to the cultural diversities, protection of the welfare of the first parties, cheating as well as ethical values involved in the mechanisms of the third party payer in the practice of dentistry. Other issues of discussion here will revolve around ethical values and principles pertaining to the economics of the third party payer mechanisms, the third party’s relationship with dentists and patients as well as settling the financial limits of third party mechanisms and operations.

    Lastly this topic examines the ethical issues of illegal practices in the mechanisms of third parties in dentistry. The topic also outlines other issues in relation to third party payer mechanism in dentistry like incompetence, fraudulence as well as dishonesty in the practice third party operations in dentistry. The conclusion comprises of ethical decisions regarding the third party payer mechanism in dentistry.

    One of the ethical issues regarding the third party payer mechanism in the dentistry practice is the existence of fraudulent activities (Horvath, 2003). The third party payers have raised alarm over the ever increasing estimates of fraudulent dental healthcare billings of their first parties in dentistry. Their estimates reveal that almost ten percent of the money which is expended towards dental health care in dentistry is as a result of fraudulent practices. Medicare is also becoming more rampant in the dentistry practice. Statistics from the third party payer mechanisms indicate that almost out of every seven dollars which are spent towards Medicare, one dollar is lost to fraud in the dentistry Medicare. The dentists who are the professionals as well as the service providers in this practice try to overcharge the dental services that they offer to their first party counterparts whom their dental health services are catered for by the third party payer mechanisms. The quality of dental health services that these dental practitioners also offer to their patients who are the first parties, do not measure to the charges that they impose on the services and hence acting in a manner to suggest fraudulent activities.

    According to Stuart (2010), fraud in the practice of dentistry is imposing huge costs towards the country’s systems of dental health care. Therefore as more charges on fraudulent health care pile up for the third party payer mechanisms to pay, the third parties are as well becoming very serious about the auditing of the dentistry health care practices. The alarming statistics which have been experienced in the practice of dentistry have forced the third party payer mechanisms to carry out more routine exercises in the audits of the dentistry practice. Stuart (2010) argues that, with proper understanding and conceptualization of the process of auditing in the practice of dentistry, the dentists will become better prepared to face what may appear to be unavoidable. The third party payer mechanism has also incorporated  ethical values and standards in the practice of dentistry in order to ensure that such ethical issues are dealt with in a more ethical as well as amicable manner which may not affect the entire functioning  of the dentistry practice.

    According to James and Veatch (2004), this ethical issue of fraudulence has been very common in dentistry. However, the third party payer mechanisms have recently targeted dentists in their routine audits to ensure that they recoup the enormous returns which have got lost through fraudulence. This audit step which has been taken by the third party payer mechanisms in dentistry will also ensure that the patients who are the first parties in this case, receive quality dental health care. The third party payer which is indeed involved in the financing of the dentistry health care has to deal with this ethical issue in the practice of dentistry in order to improve the overall practice and status of dentistry. The alarm over this ethical issue in regard to the third party mechanism in dentistry has been accelerated by the increasing online claims being channeled by the first parties whom the third party payers represent. These claims submitted by first parties have been ranging from imposition of abnormal charges as well low quality dental health care. (Stuart, 2010). Such claims have been considered by the third parties as provider abuse which is directed to the dentistry as the providers of dental health care to the first parties.

    Stuart (2010) further argues that, the practice charges of dentistry have also been followed by the third party mechanisms by tracking information concerning practice charges through the analysis of the average costs attached t per claim, the average costs awarded per person as well as determining the frequency on which certain treatments are carried out. Therefore, with such information at hand the third party payer mechanisms now analyze the various dentistry practices which require auditing. Through their audits the third parties try to prevent abuse of the system of payment by the dentistry. The dentists in this practice are also forced to understand the need of proper record keeping. The dentists also gain ethical values of honesty, accuracy as well as accountability in their practice of dentistry.

    Another ethical issue regarding the third party payer mechanisms in the practice of dentistry is the ethical decision making. This is in relation to determining what what is the most good, to the most of the patients in the first party category as well as the dentists who form the second party group. The third party payer mechanism is faced with the obligation of deciding what is morally correct in financially supporting the dental health care of its first parties. The third party payer mechanism has however come up with a universal dental health care which is meant for all its patients as a way of determining whatever is morally correct for the patients in the first party group.

    According to Judith. and McCauley (2005), another ethical issue regarding the third party payer mechanism in the practice of dentistry is the need to address the causes of increase in the dental health care costs. Several areas need to be addressed by the third party payer mechanisms as well as the service providers who are the dentists, which indeed, are driving up the dental health costs. Some of such issues may be as a result of persistent dental health complications on the part of the first party while other issues may arise within the financial management in the practice of dentistry. This ethical issue has been responded by emerging claims by the patients but the third party payer mechanisms have tried their level best through continued audits of dentistry practices to ensure that such issues are handled in an ethical manner (Judith. & McCauley, 2005).

    The relationship with both the first and the second parties also poses a challenge to the third party payer mechanisms in dentistry. The third party mechanisms have tried to engage negotiation procedures which are geared at increasing fairness and transparency to both the patients as well as the dentists (Judith. & McCauley, 2005).  Such like procedures include quick response to claims by the patients as well as prompt payments to the dentistry practice. The third party payer mechanism has also ensured the continued existence of ethical dental health partnership. This has been for the sake of instilling the right moral values as well as the right attitudes towards the realization of proper ethical values.

    Another ethical issue surrounding the third party payer mechanism in the field if dentistry is the issue of human rights and the duties that accompany a third party-first party as well as third party-second party relationships. This mainly examines the ethical values that the third party is supposed to observe in order to protect the dental health of the first party in the practice of dentistry (Stephen & Christine, 1996). This ethical issue also observes the ethical values that the third party  should also accord the second party in order to ensure that the practice of dentistry executes full professionalism in the provision of dental health care towards the first party who are the patients being covered by the third party payer mechanisms. According to Stephen and Christine (1996), this ethical issue has however been violated especially in the practice of dentistry. The second- first party relationship in the dentistry practice has not been that strong and enduring. The second party has in most times violated the rights of the first party as the service provider, by offering low quality dental health care in return for higher charges which are directed to the third party payer mechanism. This has in turn has made the third party payer mechanism  to carry out audit routines on the financial records of the dentistry firms in order to reveal any cases of incompetence as well as any financial malpractices. The dentistry practice in this case therefore, has not respected the rights of the first party.

    According to Stephen and Christine (1996), incompetence as well as dishonesty also forms some of the ethical issues in relation to the third party payer mechanisms in the practice of dentistry. These ethical issues are however spread across the three parties including the first party which forms the dental patients as well as the second party which involves the dental professionals. On the part of the first party, most of the dental patients fail to provide accurate as well as up to date information about their dental health standards hence causing difficulties to the third party payer mechanisms in updating their financial dental health records. Other categories of patients fail to reveal their full information to their third party payers hence acting in a manner to suggest dishonesty. Some the dental professionals on the other hand are incompetent in the execution and management of dental health services to their first parties. The dental health practitioners either provide very low quality health services to their first party counterparts or even overcharge the services offered to the patients. These charges are in turn forwarded to the third party payer mechanisms who are the financial dental heath supporters acting on behalf of the patients in the first party group.

    According to  Strunk  and Gindburg (2004), this incompetence in the dentistry practice, in turn causes the third party payers to incur lots of losses in their financial disbursements hence posing a very serious ethical issue within the third party payers mechanism. Incompetence as well as dishonesty may as well be felt within the systems of the third party payer mechanisms. This happens with a number of the staffs of the various health insurance companies who pose interests of self gain. Some of the employees in the third party payer mechanisms fraudulently misappropriate funds which are meant to cater for the health services of their first party groups in the dental practice hence interfering with the financial budgetary records of the third party payer mechanisms (Strunk & Gindburg, 2004). The dental practitioners at the same time are piling up huge dental health care bills to their third party payer mechanisms which seem to be very unrealistic hence acting in a dishonesty and fraudulent manner. The third party payers mechanisms have however managed to control all these ethical issues by tiring to establish and instill moral values to both their first party as well as their second party counterparts.

    In conclusion, ethical issues are not only leant at home, school or any other social setting. Ethical development occurs throughout ones life as human beings undergo through different stages of growth as they mature up. In research, ethical values promote the goals and objectives of any given research work. Such values include truth, knowledge as well as the avoidance of error. Since research often requires a lot of cooperation as well as coordination among the various categories of people in varied institutions as well as disciplines, ethical standards rein force essential values that are useful to collaborative work. Such issues may include fairness, trust, mutual respect as well as accountability.

    Ethical issues in relation to the third party payer mechanism in the practice of dentistry therefore, need to be reinforced for the sake of the full satisfaction of both the first party which include the dental patients as well as the second party who are the dentists in this scenario. There is also a great need for the foundation of a well structured and workable code of ethics that guides and controls the third party payer mechanism in the dentistry practice. This will in turn ensure proper and high quality service to both the first party as well as the second party. The ethical values contained in the ethical code of conduct should also be able to establish strong, positive as well as long term relationships between both the patients as well as the dental professionals. The second parties who are the service providers should also incorporate a well structured code of ethics which instills proper morals in the execution of their dental health practices towards their first party counterparts. Proper accomplishment of all these ethical issues will in turn validate the ultimate goal of the provision of basic fundamentals of ethical values as well as a wider perspective on the types of ethical issues that the third party payer mechanisms encounter in executing their ethical mechanisms in the practice of dentistry.

     

    References.

    Horvath, J. (2003). Causes of and Potential Solutions to the High Cost of Health Care– Chronic Conditions in theU.S.: Agency for Healthcare Research and Quality.Rockville. MD.

    James, T and Veatch, R. (2004). Ethical Questions in Dentistry.

    Judith A. and McCauley. (2005) Review of: Ethical Questions in Dentistry. Journal of Dental Hygiene.

    Stephen, R. and Christine, T. (1996). Ethical issues in insurance marketing in theUK. European Journal of Marketing. Vol. 30.

    Stuart, J. (2010). Dental practice audits. Practice management journal.

    Strunk, B. and Gindburg, P. (2004).  Health Affairs Tracking Health Care Costs:

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    Ethics

    Peter’s dilemma is whether to keep the promise to Dan his friend, or to keep the money for himself.

    Resolving dilemma under ethical egoism

    Ethical egoism requires a person to do what is in their own self interest. A person is supposed to act on issues guided by self interest and not for the good of others.  Egoism is mostly associated with the greedy interest for money and self satisfaction which most people use to get wealth. In the case of Peter and his friend Dan, Peter would resolve his dilemma by not telling Dan that they won the money and using it to fulfil his own interests without considering the promise they had made to each other. He will have fulfilled his own interest and solved the dilemma under ethical egoism.

    Resolving dilemma under Utilitarianism

    Utilitarianism is the act of solving a problem or basing actions on their usefulness which maximises the utility. This demands a person to outlook other reasons and think about utility and how to maximise it. In our case peter is supposed to consider that for now his Friend Dan is not in a critical need for money and does not have many responsibilities as compared to Peter’s. To solve his dilemma under utilitarianism method, he is supposed to take the money and utilise it by rebuilding his Organic business thus minimizing the negative utility. His dilemma will be solved and he will get back to his business.

    Resolving the Dilemma using Kantian Ethics

    Kantian ethics requires one to act or resolve issues by fulfilling their duties and not by following their emotions, or by being driven by pity. All actions are performed under duties or principles. One is supposed to be morally good and act in a manner that is valid and this leads to perfect duty. The Kantian principle requires one to act in the way one can and is willing to fulfil. It also requires one to never treat others as a means to an end but always treat others in a good and better way.  The Kantian ethics requires a person to treat other people with respect and that each one of us owes ethical duties to each other. It is not right to make promises to a person knowing that you cannot fulfil.  In our case concerning Peter and Dan, Peter is supposed to tell Dan about the money and share it as they had agreed without considering his current financial situations and the needs he has for money. In this case he will not have treated Dan as a means to an end because he will have fulfilled his promise to him.

     

     

    Resolving the Dilemma under Virtue ethics

    Virtue is more of a person’s character than mere following of rules. It derives the results of an action from an outcome. One is deemed to be virtuous depending on the rightness or the wrongness of their actions outcome. Virtues are good morals depending on the choices made in life.  The virtue that relates to Peters dilemma is honesty. Peter can keep the secret about the money and Dan will never know about it. To be virtuous in this case, peter is supposed to call his friend Dan and tell him about the win and the money they are supposed to share as they had agreed. They had used Peter’s name and he can choose to hide the truth from his friend but by doing that he will not have solved his dilemma under virtue ethics.  Being virtuous sometimes requires one to try and overcome some bad morals and habits and consider the interest of the others.

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    Understanding Thanksgiving; A Ritual in America

    A ritual is defined as a set of activities, performed mainly for their symbolic value. Definition of rituals is however conflicting with (Kyriakidis 3) defining rituals as an ‘’outsider’s group of a set of actions which to the outsider seems irrational, illogical and non-contiguous’’. From the argument of Kyriakidis, it is evident for one to understand the rituals; one has to understand the particular group that observe the ritual and not individuals within the group since the group defines the ritual. (Slater 1) defines a society ‘’as all others who do not let me do what I want or who force me to do something I would rather not do’’. He further explains that an individual acts on the basis of motives, ideas and feelings good for the society rather than what is good for us as individuals. This is the basis of rituals since we may not approve all actions we do during these rituals but we still do them. (Collins 1) observes that human nature consists not of individual interests but that humans must have social feelings.  (USA Today: Myths and rituals of Thanksgiving) explains that the Americans hold a Thanksgiving Day every forth Thursday each year. The holiday has been official an annual tradition since 1863 after Abraham Lincoln declared a national day to be celebrated during the Civil War.

    One would ask why Americans hold Thanksgiving with so much importance.  Some may argue that the day is important for relief from the stress at work place but this can not be an adequate explanation given that there other days when one is away from work but yet they do not do the activities done during Thanksgiving Day. (USA Today) however offers a more convincing explanation for the Thanksgiving Day. They argue that the Day is held as Americans want to idealize the society. The article notes that ‘’in the unity and harmony of Thanksgiving, the conflicts of the society, and those of our households melt away’’.  The article further explains that by holding the Thanksgiving Day, the Americans appear to be resolving the conflicts, since the rituals are conducted each year. The explanation by USA Today supports the idea by Slater who observed that we do some actions to be in conformance to the society rather than that of individualism.

    As explained by Collins, rituals just like religion occur in a group where they are held sacred.   This argument fits the explanation of (Duke: The Thanksgiving Tuna and Other Traditional American Rituals) who observes that Thanksgiving ceremony is the most universally observed of all the Americans rituals. He explains that the cerebrations cut across religion, age, sex, age, race, socioeconomic status, ethnicity and any other demographic categories that separate the Americans. During this day individual differences disappear and the celebration brings the group together. The form that the Day takes is almost sacred where everything is done in a particular predefined way.

    As (Collins 2) explains rituals held by a group are almost obsessive, where members of the group carry out activities although they do not ask how they help to accomplish they envisioned goal. He poses the question that since during baptism the ritual is done to cleanse the child, how is cleansing achieved through the activities done during the ceremony. In the same way, sociologists may be taken to task to explain how Thanksgiving Day achieves its goals of resolving the conflicts of the society through the activities done. (Duke) explains that American Thanksgiving Day has gone through transformations but ideally the Day is observed throughout the country with activities remaining the same. After the civil war in the second half of the nineteenth century, the activities done during the Thanksgiving included; holding a raffle on the Thanksgiving eve where the prizes won consisted mainly of geese or turkey, a shooting match was held in the morning of the Thanksgiving where turkey and chicken were used as a target and a church service. There was a traditional feast where turkey and pumpkin pie dishes were served and the climax of the day is a football match.

    (Duke)observe that after Franklin D Roosevelt took over power from Lincoln, he upheld Thanksgiving day as an official holiday in the calendar of the Americans. In 1939 however, November had five Thursdays instead of the usual four and Roosevelt held that Thanksgiving Day should be held on the fourth Thursday instead of the fifth. But the reasons by Roosevelt were not to uphold the spirit of Thanksgiving Day rather to give merchants a chance to make more sales in countries that were still in depression. Consequently this raised criticism with some people referring to this day as the Thanksgiving Day for the republicans.

    (USA Today ) notes that the present Thanksgiving Day was confirmed through a joint resolution of both houses of the US congress in 1941 where day was fixed to be on the forth Thursday of November which is mostly the last Thursday of November. This did away with the confusion that would occur were there to be a case of November with five Thursdays. During the day, the National Turkey Federation presents one live turkey and two dressed turkeys to the president of United States. The president pardons the live turkey and is let to live in a peaceful farm for the rest of its days.  (USA Today ) observe that there are myths behind pardoning the turkey where some argue that the tradition dates back to the Harry Truman administration while others say that the Abraham Lincoln pardoned a turkey, his son’s pet and the two versions have been quoted in presidential speech.

    During the day, there are special traditional meals prepared for the Thanksgiving dinner. The meal must consist of baked or roasted turkey and the use of turkey is so prevalent that Thanksgiving Day is sometimes referred to as the Turkey day as observed by (Duke).  The rational behind the use of turkey in the Thanksgiving Day can not be understood by a single individual. The use of turkey is like sacred during the day and most people cannot explain why turkeys are preferred. In most cases individuals just include turkey in their meal not because it is their best meal but simply the society has set it out. (Duke) notes that other foods associated with Thanksgiving Day are mashed potatoes, sweet potatoes, sweet corns, pumpkin pie and various fall vegetables. All these foods are not the sweetest foods that the family can serve during a special day although they are served during Thanksgiving Day. Families prepare them not because they love them but because the society dictates them to do so. They just serve them to be in conformance with the society. This is the non rational behavior when it comes to observing rituals as observed by Collins and Slater. The group observes the day as sacred where like in the story of the pass over feast in the Bible; each family prepares similar food types. The less fortunate in the society are provided with food during Thanksgiving time. Corporate sponsors and communities collect and distribute staple foods for the Thanksgiving dinner.

    There are usually events organized to give thanks to God during the day by religious groups. At home, before the dinner s served, families have to say the Grace.  There are parades held during the day with Macy’s Thanksgiving Day Parade being held from the upper West side of Manhattan to Macy’s flagship store and the parade is televised nationally. There is also a parade in Detroit that starts from Midtown to Downtown Detroit. In the parades there are a marching band, large balloons and various celebrity guests grace the occasion. The relevance of these parades to an individual remains blurred though if they were omitted during the day, society would feel like Thanksgiving was not held.  Football matches have been held on every Thanksgiving since its conception. There are also other sports held including basketball, golf band motor racing held on the thanksgiving weekend.

     

    Conclusion

    In conclusion, individuals during holding of rituals act according to the wishes of the society. The activities done during the ritual may not be the activities that an individual loves best but has to do them to conform to the group. Rituals transcend the various differences of the society and the entire group perform the prescribed actions as if they are sacred. In Collins words, rituals like religion drive one to acting as non rational (Collins 2). One can never question why they do what they do although they can not explain how the activities they do help to achieve the desired goal.  Thanksgiving is one of the rituals among the Americans where there are various activities that have been upheld so religiously over the years although one can not exactly explain their relevance. The use of turkey during the day is almost sacred with the president pardoning a turkey and Thanksgiving dinner must incorporate turkey.

     

     

     

     

     

     

     

     

    Work cited

    Collins R., The Sociology of Go, an Introduction Is the “social contract” the ultimate basis of society? 201 Jay Livingstone n.d. Pp 1-3

    Duke M. P, The Thanksgiving Tuna and Other Traditional American Rituals (2010) web 27 Nov, 2011.

    Kyriakidis, E., ed., The archaeology of ritual. Cotsen Institute of Archaeology UCLA publications, 2007. Pp 3

    Slater P. SHORT CIRCUITS IN SOCIAL LIFE, chapter rewriting of ideas Slater first published as “On Social Regression,” American Sociological Review, v. 28, no. 3, 1963, 201 Jay Livingstone n.d pp 1-2

    USA Today (Society for the Advancement of Education), Myths and rituals of Thanksgiving (2011) web 27 Nov, 2011.

     

     

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    Main difference, similarities and ethics

        Difference

    African slavery started as early as 7th century while the European slavery started in the 1670s.The most important difference is in the purpose of enslaving; while in America the strong male slaves’ main purpose was to farm in big plantations, in Africa women and children were taken as slaves in order to weaken the tribe that had been defeated in war. The Americans gained wealth from their slaves but Africans gained a higher social status by having many slaves to serve as concubines, till the land and bear many children. (Slavery during the 16th to 18th centuryPara 4).

    The similarities

    Violence and murder was used to enslave people and take them to markets likeJamestownin the colony ofVirginiafor auction at as little as $27.00 per slave. The slaves were required to labor for their master without any objection. They were denied an education, freedom of speech and movement. Their living standards were pathetic due to earning low wages for their labor and sometimes they were forced to work for free. The slave trade violated the family unit and ties by separating family members like husbands and wives (Vox Para 3).

     

     

     

     

    Which form of slavery is more ethical than the other?

               Given that slavery is involuntary human servitude, no form of slavery was more ethical than the other. In both it was a civil condition whereby one person has complete control over the other’s life, liberty and fortune by force.

    They both included taking away the gift of freedom that is God given from another human being and taking advantage of the weak and poor. They are also not mutually exclusive; the European colonies ofAmericadepended on African slavery to capture and sell slaves to them. Had the concept of slavery not been acceptable inAfrica, Europeans would not have managed to convince them to sell people as slaves.

    However, African slavery was less intense in terms of insubordination than the European slavery inAmerica. This is because the slaves could get assimilated into the family as wives and concubines to their master. They were also able to buy their freedom if they made enough money (Wright, Para. 5).

     

    Works cited page

    Donald Wright; “slavery in Africa”

    < http://encarta.msn.org>

    Lisa vox ‘ African – American history guide

    < http://afroamhistory>

    “Slavery during the 16th to 18th century”

    < www.religious tolerance.com>

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    NURSING ETHICS

    Ethics are generally required in any field of work for the reputation and good delivery of services without causing any conflict. In nursing they instill professionalism in practicing and enhance trust and respect from the patients, other served and the colleagues. According to (Kerridge et. al, 2009), ethics are related to communication, relationships between nurses and their patients, nurses and their colleagues, for overall trust maintenance and effective service provision.

    Ethics incorporation in nursing practices as (Lachman, 2009) highlights assist in improving the general outlook of oneself hence self- respect delivers respect to others. Therefore, the aim of ethics is to ensure the nurses are wholly integrated in relations to skills and knowledge of their work, interpersonal skills plus instilling and maintaining trustworthiness and mutual respect with patients, colleagues and others served. The study aims at assessing codes of ethics applicable in Sammy and Margaret case, with correspondence of such a scenario lacking in clinical policies of GP Clinic and the reaction one ought to have when such a situation arises. There are various ethics values for practicing nurses that are relate to the case study, relating to the personal conduct where (Tarlier 2004) claims that the basis of good values correlate with personal principles hence a strong base for one’s own ethics.

    Chiovatti (2011, p. 91) point out that empowering the patient to do the right thing while giving examples or interacting with them as a base of benchmarking, helps the patients well being and instills trust and respect toward the professional. In some cases, the health environment may be too complicated and uncomfortable for some patients to open up, thus any other place that a patient may feel enabled to communicate effectively, can offer efficient help to the profession and the patient. On the other hand, maintenance of professionalism (Kerridge et al. 2009), is highly ethical in such a case, for any behavior that may breach the ethics code,  leads to serious consequences to the health practitioner or the nurse with termination of practicing license.

    The study reflects on ethics that nurses should possess when dealing with their patients, and their colleagues, in conjunction to the health care facility’s policies. The case has to points of evaluation, first, Sammy’s acceptance to Margaret’s offer and the implication on his own principles and the health care’s. Second point of assessment is in relation to Margaret’s offer leaving Sammy with option of accepting or declining, hence the reaction of the general perception that she might have since he had stated that, he was starving.

    DISCUSSION

    Most patients are required to have enough food and their diets should consider good recommended nutritional value. More so, they may be subject to stigmatization, which may affect their skills in communicating effectively. In this case, Margaret lives alone, and also dislikes eating alone, hence she is underweight.  Sammy’s role as a care giver and the situation where the clinic has no policies implemented in reference to employees after work relations with patients, propels him more to accepting the offer, as a way of helping  her feel socially accepted and on the other hand he can provide some tips for her to consider when she dines alone . This is in accordance to the ethical code concerning nurses’ relationship with their patients’ wellbeing (Tarlier 2004).

    Ensuring that patients are a first concern in nursing profession enhances treating them with respect and in consideration of their feeling (Kerridge et. al., 2009).  Keeping concerns of ones patient’s condition, and wellbeing motivates them to strive to get well and feel they are not alone; someone cares especially if they are socially segregated. The case portrays a patient who is vulnerable for social stigma and this is further evident by her living alone. If I were the nurse I would consider her well being and accompany her to the café, keeping in mind that her weight is not commendable for a cerebral paralytic patient or any other patient for that matter, due to serious implications. Lachaman (2008, p.192) claims that, nursing care to patients has no limit, such that even when working time have lapsed, there are other ways that shows caring despite being under a schedule  in carrying out procedures and offering advice. More so, the motive to do the right thing and considering what effect that action will have on the person portrays virtue of one’s principle. In addition, (Tarlier 2004) says that the ability to put others first enhances moral base in the care giving practice.

    Helping the patients’ access social and health care that gives them support is a value in nursing. I would accompany the patient and from that experience she may encounter other people or even make friend which would do her a great deal health and social wise. Chiovitti (2011, p.93) contends that nurses act as the backbone of health care process. This is because after the doctor’s routine, they are left with the mandate of ensuring that patients are comfortable and maintain effective recovery, therefore sustaining a professional relationship with the patient enhances care assurance from the nurse. Moreover, the patient’s well being is mandated to the nurses guided by their ethics, professional experience, interpersonal traits and education, thus delivers good service and satisfaction to the patient.

    Listening to patients and acting on their concerns is another ethical value of a care giver.  In the case, the patient might be suffering from other issues such as seclusion from public places or antisocial characteristics, hence during the diner she might open up and other issues affecting her that may pose critical to her condition, dealt with amicably. Lachman (2009a, p.55) states that listening to patients enhance the response that one ought to give, therefore, it is relevant to reflect and put one self in the patient’s situation so as to provide at most care or opinion regardless of any hindrance but guided by ethical values.

    Nursing practice requires that the nurses support the patients in improving and maintaining their health. Similarly, the nurse must respect the efforts that the patients apply in caring for themselves. In doing so the patients are enlightened on what to do in a comprehensive communication process with regard to their health. And also, considering that some issues may be sensitive based on religion, cultural background and many more (Chiovatti 2011). Acknowledging their situation helps in formulating approaches to implement when giving support to their effort without making them feel inferior. In case study, the patient’s weight demerits her condition, thus accepting the offer, I would recommend that she try some menus and encourage her to maintain the trend. The patient will be comfortable to accept, especially if I were to order the same, hence offer some inspiration and boost her morale. More so, I may even recommend her to try preparing the same recipes at home. Ethically this development enhances trust and concern since the patient’s health is the center of consideration.

    In any given situation maintaining a boundary between professionalism and friendship requires strong personal ethical values. Moreover clear sexual boundaries are essential especially when dealing with a patient of the opposite sex. Respect towards the patient depending on the age, gender, culture and many more, gives the patient a sense of professionalism even when they are not comfortable (Kerridge et al 2009). Based on the case study the nurse is male while the patient is of the opposite sex, therefore, in respect to the clinic not having policies over the staff relations off work schedule raises no, ethical clash. Moreover, it does not give an ultimatum to behave unethically, since all nurses are under one umbrella of ethical codes, though some health care facilities alter them for various corporate reasons. Consequences to failure of abiding or the patients raising complaint on the conduct of the nurse that is unethical calls for immediate summoning to the governing body and if the situation is evidently clarified, suspension may commence with heavy penalty.

    According to (Lachman 2009b), information sharing in health care especially in consultative cases is vital such that, in any development of information that may be used to help the patient get better, should be shared. On the contrary, there is information sharing and gossiping which is highly unethical issue. More so, communication that is effective to problem solving will enhance quality services and work satisfaction to a nurse. Keeping information that may assist the well being of the patient is unethical. In reference to the case, I would ensure that the observation that I make during the diner, I share it with the doctor in charge of the patient’s check ups in a professional manner, with patient’s interest the priority since the information may be relevant to her health status.

    Lachman ( 2009b, p.191) argues that a patient may seek opinion on anything thus, any advice that a patient may acquire from the nurse or any other medical practitioner, should be related to health either to promote or to oppose ways that may create health issues to the well being of the patient. The occurrence of such a scenario is based on trust and respect from the patient’s point of view. There are same situations that may not be related to health matters, hence to avoid appearing rude; the response requires personal principles to enhance respect and professionalism. The patient may require an opinion related to her health which she has never asked anyone and since he has been dressing her would regularly, it fosters communication based on trust. Anticipated issues that may arise are in relation to social and health life, which I would deal with professionally, keeping in mind the health status and the social situation of the patient.

    In every practice, efficiency in skills and knowledge in the profession enhances competency, hence keeping once knowledge above par is appropriate as different situations occur at different times and presented by different people with varying understanding. Learning from others experience is crucial too, hence professional development (Peterson & Lyman 2004). In the case, I would use this experience to assess the behavior of the patient, regarding eating habits and social skills, hence derive ways of assisting her. This is relevant because not all patients are open about what they do, so it would add value to know how to deal with such patients in future, when such a situations arises.

    One of a fundamental role in nursing is keeping patients’ record in quality and in understandable format, to facilitate assessments and treatment especially when administering medicine since no one can remember at all time (Thompson 2002). It assists in evaluating the patient’s progress throughout their visit to the health care facility, therefore in Margaret’s records there may occur questionable range in health performance related to her eating style. At the diner the conversation is not expected to be formal, and she might enquire more insight from her records which I would give her pointing out issues that are positive and negative to her health. The ethical principle behind this is to offer her the way forward while at the same time monitoring her progress and communicating it effectively during her appointments, which may boost her overall outlook, and health life.

    In conclusion, patients and nurses experience more acquaintances as compared to the doctors, thus maintaining professional relationships with the patient is efficient in nursing. In reference to this, a nurse with patient’s welfare in consideration plus moral and ethical values that are effortlessly firm, can excel in the profession without going overboard or being less effective to the patients and the organization.

     

    REFERENCES

    Chiovitti, RF 2011, ‘Theory of protective empowering for balancing patient safety and choices’, Nursing Ethics, 18, 1, pp. 88-101, Academic Search Premier, EBSCOhost, viewed 2 May 2011.

    Kerridge, I. Lowe, M. and Stewart, C., 2009. Ethics and Law for the Health Professions. 3rd ed. Sydney: Federation Press.

    Lachman, VD 2009, ‘Practical Use of the Nursing Code of Ethics: Part I’, MEDSURG Nursing, 18, 1, pp. 55-57, Academic Search Premier, EBSCOhost, viewed 2 May 2011.

    Lachman, VD 2009, ‘Practical Use of the Nursing Code of Ethics: Part II’, MEDSURG Nursing, 18, 3, pp. 191-194, Academic Search Premier, EBSCOhost, viewed 2 May 2011.

    Peterson, M, & Potter, R 2004, ‘A Proposal for a Code of Ethics for Nurse Practitioners’, Journal of the American Academy of Nurse Practitioners, 16, 3, pp. 116-124, Academic Search Premier, EBSCOhost, viewed 2 May 2011.

    Tarlier, DS 2004, ‘Beyond caring: the moral and ethical bases of responsive nurse–patient relationships’, Nursing Philosophy, 5, 3, pp. 230-241, Academic Search Premier, EBSCOhost, viewed 2 May 2011.

    Thompson, F 2002, ‘Moving from codes of ethics to ethical relationships for midwifery practice’, Nursing Ethics, 9, 5, pp. 522-536, Academic Search Premier, EBSCOhost, viewed 2 May 2011.

     

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    ETHICS

    As an ethic-based heath care professional, I will strive to meet or exceed the statement below in the daily practice of my profession.

    MY PROFESSIONAL CODE OF ETHICS:

    • I will administer health care services with sincerity, integrity and maintain trust without discrimination
    • I will conform to medical guidelines formulated by healthcare management and implement personal assessment program to keep up competency.
    • I will abstain from activities that jeopardize the trust and integrity concerns in health care occupation.
    • I will ensure that patients and others served know their rights and services that are granted to them; hence counteract conflicts between patients and physicians.
    • I will promote confidentiality and privacy regarding information on patients and others served.
    • I will provide quality health care services with the resources available based on medical necessity and ensure the activities I undertake help to improve the community health care services.
    • I will establish a conducive and safe working environment that promotes development of employees’ skills and knowledge, listen and support viable decisions.
    • I will promote access to quality health care services, accurate information on health services, and enhance regular assessment on issues affecting the community.

    Health care ethics statements are formulated to govern health care providers’ standards and conduct in providing health care services (Ruger, 2008). It incorporates standards of virtuous behavior in health provision profession towards patients and others served, management, other employees and the society. It is a mandate of every medical practitioner to have exceptional morals and integrity to relate well with colleagues, community and the patients.

    Administering services with honesty, integrity, and regard to others is one of the most fundamental ethics in healthcare. It demands that as a health care provider, it is an ethical responsibility to keep patients’ health information and their history only known to the right medical practitioner; hence maintain confidentiality (Ruger, 2008). Further, Ruger (2008) notes that patients wishes should be considered to avoid conflicts and if the physician is right and they are wrong, a good approach should be used to avoid aggravating them more. Discrimination is not an ethic because every one is entitled to fair treatment.

    According to Ruger (2008) competency and proficiency requires that a health care provider review his or her policies so as to keep up his/her motivation and to revisit what is expected of them professionally to avoid making mistakes regularly.

    A health care executive should be responsible when dealing with employees and their development in terms of benefits and their careers, listening to their opinions and those that are viable implemented. More so, ensuring that there is fair treatment of all the personnel; hence no abuse of office to administer favors to those seeking personal gains. In addition, a senior medical practitioner should demonstrate good leadership skills to foster good and approachable atmosphere in the work place (Ruger, 2008), where every one is free to give view and opinions that are job related.  A senior healthcare provider should also mentor those who want to join the profession either experienced or on internship, hence building them professionally by one’s past experiences in the line of duty. This not only creates momentum for others but also helps the senior physician realize satisfaction in his profession by helping others build their careers.

    Community and society have the right to quality health care, hence the role of a medical practitioner to make it known, the services rendered and right that the patients have.  Quality can be attained by listening to patients’ and others’ served feedback, so as to help introduce medical protocols that are available for all; hence foster quality standards based on the response. Moreover, benefits of quality standards and services provided should be evaluated and risks that may be incurred also considered, for the purpose of implementing strong guidelines and prevent loss of trust by the patients and others served (Ruger, 2008).

    Finally, adhering to the rules of the healthcare board is essential since one has already confirmed that he/she will abide by the rules. On the contrary, Ruger (2008) argues that, medical necessity should be considered now and then, even with policies formulated to assist in guiding health procedures.  Basically, there are rule that govern how the clinical procedures should be offered but, a physician with morals can reason out how to merge health provision and medical necessity based on payment issues. For instance when a patient is in critical state and has no funds to cater for medical procedures.

    References

    http://www.ache.org/boutache .cfm.

    Ruger, P.J. (2008). Ethics in American Health 1: Ethical approaches to health policy. American Journal of Public Health, 98, 1751-1756.

    Ruger, P.J. (2008). Ethics in American Health2: An ethical framework for health system reform American Journal of Public Health, 98, 1756-1763.

     

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    PROFESSIONAL ETHICS AND MORAL ETHICS

    Do you believe that Professional ethics is the same as moral ethics?

    No, I do not believe that professional ethics is the same as moral ethics because these are two different terms which are applied in different contexts. Most scholars have argued about the viability of a difference between professional ethics and moral ethics. However, some have found a slight similarity which may be substantial in arguing about the same thing. In this task, ethical analysis will be used to analyze the difference between the two concepts. Some terms will be defined in order to validate the difference between the two concepts.

    First of all, professional ethics prescribes what professionals must or must not do in the place of work or professional life. It implies that if an individual is to have professional ethics, then there is need for the person to carry out his practice in a specified conduct. On the other hand, moral ethics prescribes the code of behaviors that a society, a group such as a religion or a rational person is expected of from an individual.

    Professional ethics are set by individuals in a specific field or profession. This is because they do not want to tolerate bad or dishonest or irresponsible behavior in the defined professional field. Hence they will try to abide by the standards to maintain a good reputation. These are sometimes referred to as ethical business practices among them include; standards of integrity, honest and professionalism. In contrast, moral ethics are allied with personal outlook of values. These may replicate beliefs associated with gambling, getting drunk, and sex, among others. They have impact on the religion, culture, friends and family. They do define how a moral individual should act. A person is not expected to make love to his girlfriend or wife in the open public, because there ought to be some sense of privacy. This will be considered as violation of moral ethics.

    Code of professional ethics refers to a proclamation of guiding principles, values or rules that steer the conduct of a person. These codes of ethics not only guide business enterprises, but also guide the conduct of people working in an organization (Dublin, 4). They may be in written form or by common sense. For instance, it is professionally unethical for an accountant or an auditor to manipulate the financial statements so as to embezzle funds from a firm. However, codes of morality are informal public system which affects all rational people, governing the conduct towards others and has the reduction of wickedness or harm as its main objective (Bernard, 2). For example, a child insulting an adult is immoral and shows signs of disobedience and disrespect. Moral behaviors may not be written as with the case of codes of professional ethics.

    Every professional is required to be courteous and straightforward in their professional conduct. For instance, it would be very unethical for the police and other law enforcers to engage in criminal acts in their line of duties (Joshua, 14). They should not act in a manner that portrays conflict of interests. For instance, a senior official in the government is not expected to use public funds for his own personal gain like building his home. This would be a conflict of interests. Normally professional ethics are included in education systems. For example, medical practitioners are trained on various ethical topics in regard to confidentiality of patient’s information and Hippocratic Oath. It is against the law and unethical to expose to others, records of a patient’s health especially those who are not drawn in the health care of the person. Morality or moral ethics may or may not be included in the education program. Moral ethics vary among different communities or societies (Stephen, 1). For instance, it would be immoral for a Muslim woman to put on a miniskirt or a tight outfit. Similarly, it would be immoral in some countries for a man to marry another man or a woman to marry another woman. These practices are allowed in other communities while some communities do banish such acts. They are considered highly immoral.

    Other professions like engineering, accountants, lawyers, and journalism and many other professions have specified professional ethics. In most cases, these ethics are similar all around the world and they must never violate the law. In case they are violated, the person in the professional field will have his license of practice cancelled and he or she will not be allowed to practice the profession in any other place as long as the ban is still in effect. On the other hand, moral ethics as mentioned earlier vary according to cultural difference among different communities. A rational person is not issued with a formal license of how he or she is expected to behave but rather it is unspoken. Moral ethics is the ability to differentiate between what is wrong or right (Kenneth, 4).  They are mostly determined by the person himself or herself and he or she is expected to apply in the day to day conduct of his or her activities. The moral ethics also determine how a rational person views his or her actions and the gauging of the consequences related to the actions. Normally moral ethics are instilled in a person basing on the experience from birth to adulthood. They may not be trained but may be based on the environment the individual co-exists with the rest. Hence environment is also a determining factor of a person’s moral ethics.

    Nevertheless, it is worth noting that there are some elements of similarities between moral ethics and professional ethics. This is in the sense that both ethics have principles or values that help control the way some people behave in different contexts. Moreover, both moral and professional ethics distinguish between what is right or wrong in some particular circumstances. Similarly, both have the objective of infusing a sense of accountability to persons’ course of actions thereby helping to maintain law and order in the society at large (Peter, 3).

    To wind up, as from the above argument, professional ethics and moral ethics are very significant in shaping the individual’s course of actions. In the discussion, it is worth acknowledging that professional ethics and moral ethics are essential in maintaining law and order in the community, and the relation among the individuals co-existing in the society. Nonetheless, as described in the argument, professional ethics is not the same as moral ethics in the manner in which they apply to different people in different environment or field of study.

    Works cited

    Dublin, “Code of Professional Ethics” 2003, pp.03-04, Print.

    Gert, Bernard, “The Definition of Morality” in the Stanford Encyclopedia of Philosophy, 2010.

    <http://plato.stanford.edu/entries/morality-definition/> Web. 04-10-2011.

    Joseph, Joshua. Ethics in the Workplace, 2007. Web. 03 October 2011.

    <http://asaecenter.org/publicationsResources/articledetail.cfm>.

    Perle, Stephen. Morality and Ethics: An Introduction. 2004. Web. 03 October 2011.

    <http://www.chiroweb.com/archives.html>.

    Rogerson, Kenneth. Introduction to Ethical Theory. Texas: Holt, Rinehart and Winston, 1991.

    Print

    Singer, Peter. Writings on an Ethical Life, London: Harper Collins Publishers, 2000. Print

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    AUSTRALIAN LEGAL SYSTEM

    The binding set of rules of law is referred to as the constitutional law in Australia (Waller, 2000, p4).

    The common Wealth of Australia came into place in the year 1901, Jan 1st (Waller, 2000, p.6).

    The section 109 of the Australian constitution states that the States law yields to the Australian Law (Waller, 2000, p. 7).

    The three levels found in South Australia’s court Hierarchy include; magistrate courts, county courts and Supreme Court of Victoria (Carnvan, 2000 p. 39).

    In the Australia high court –the Supreme Court of Victoria there are a total of six puisne judges to make a ruling on an appeal or hear cases for the first time (Waller, 2000, p. 20)

    The correction of legal or judicial error is done through appeals to the high court of appeal (Waller 2000, P. 23)

    Victimless crime refers to a situation where the individual who has suffered damage can not provide identifiable evidence (Carvan 2000 P.30)

    Yes you can if the misbehaviour can be proved beyond reasonable doubt (Carvan, 2000 P. 25)

    Letter R stands for Railway commissioners. (Carvan 2000 P. 33)

    Letters SASR stands for special Air Service Regiment (Carvan 2000, P. 33)

    According to Skene the distinguishing factor between legal form and ethical duties is the difference of opinion where as the ethical duties define what is wrong and right, the legal duties define what is legal and illegal( Skene 2008, P. 8);

    The standard proof that operates in civil cases is the evidence establishing the existence or non-existence of the alleged facts (Carvan 2000, P. 24)

    The standard proofs that operate in criminal cases are the evidence beyond reasonable doubt; (Carvan 2000, P. 25)

    The ethical obligations in professional codes do have a legal impact because the doctors found breaching the ethical obligations can be sued at the courts of law for damages (Skene 2008, p. 11)

    Duty of confidentiality is not exceptionless in case of minors to guardians or in case there is a life that is endangered due to the confidential information held by the parties (Skene, 2008 p. 19)

    The agency involved in governing the conduct of scientific research on human participants in Australia is Human research ethics committee (Skene 2008, p.9)

    HREC refers to Human research Ethics Committee and its core constituents of membership; Chairperson(assistant Vice  Chancellor), two lay people not involved in legal, medical or scientific work, at least one lawyer, religious leader and at least one person with the knowledge of scientific research (Skene 2008, p.9 ).

    There do exists a framework that governs research on animals other than humans known as Animal Research Ethics (Skene, 2008, p.10)

    Two causes of action to patients who believe they have been damaged by a health (Skene 2008, p. 11-13) professional failure to take reasonable care are to sue the doctor for the misconduct or sue the Health institution for the misconduct.

    The doctor duty to protect the general public is the duty to rescue the general public within the scope of their employment (Skene, 2008, p.16)

     

    Reference

     

    Carvan, J., ‘Studying Law’ in Understanding the Australian Legal System, (4th Ed, 2000) pp 24 – 39

     

    Skene, L, Law and Medical Practice: Rights, Duties, and Claims and Defences (3rd Ed, 2008) Chapter 2 pp 23-78

    Waller, L., ‘Our Legal System’ in an Introduction to Law (8th Ed, 2000) pp 3 – 24

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