Legal Ethics Healthcare Essay Example for Free

Legal Ethics Healthcare Essay The legal concept of vicarious liability and the Doctrine of Respondeat Superior occurs when the employee commits a tort or civil wrong within the scope of employment and the employer is held liable although the master may have done nothing wrong( Regan 2002). Physicians and other healthcare providers need to be aware of this doctrine in the supervision of their staff and their day-to-day medical practice. The legal relationship between an employer and an employee is called agency. The employer is called the principal when engaging someone to act for him. The person who does the work for the employer is called the agent. The theory behind respondeat superior is that the principal controls the agents behavior and must then assume some responsibility for the agents actions (Phelps Lehman 2005). Most medical malpractice suits are filed as result of negligence (ie, a type of tort or civil wrong) Negligence is defined by what a reasonably prudent person would or would not do in the same or similar circumstance. Negligence can result from the individual medical provider or from some type of agency relationship that exists between two or more health care providers. In general, when we discuss the relationship between agency and malpractice, we refer to the concept of vicarious liability and the Doctrine of Respondeat Superior ( Columbia 2000). In the context of medical malpractice a negligence action is often precipitated by a bad outcome. Numerous cases have involved the concept of vicarious liability and the Doctrine of Respondeat Superior as a successful cause of a medically negligent action. Recent changes in the health care system may contribute to additional causes of action being recognized. As managed care has moved to the forefront of health care, many medical providers have left independent practice and become employees of large health care organizations (HMOs) or hospitals. Some medical providers have formed their own business with health care extenders who perform many of the services previously provided by the medical provider. As a result, HMOs and hospitals have become employers of medical providers, and medical providers have become employers of their health care extenders (Regan 2002). In the past, the relationship with the patient and extensive documentation in the medical record were the most important elements in preventing malpractice litigation. These efforts, while important, may have less of an effect in the evolving health care climate. With these changes, principles of agency and vicarious liability may become increasingly important in evaluating malpractice liability. Both the negligence of a health care employee employed by an individual medical provider and the negligence of an individual medical provider employed by a health care company have given rise to successful malpractice suits. The Doctrine of Respondeat Superior is one to weigh carefully by both plaintiffs and defendants in their current practice of law and medicine. References: Malpractice. The Columbia Electronic Encyclopedia, 2000. http://kids.infoplease.lycos.com/ipd/A0401963.html Raines v Mercer, 55 5W2d 263, 264 (Tenn 1932) Regan, J. , Regan, W. (2002, May). Medical malpractice and respondeat superior. (Review Articles). Southern Medical Journal, 95(5), 545-549. Retrieved January 23, 2013, from Nursing and Allied Health Collection via Gale: http://find.galegroup.com.proxy.davenport.edu/nrcx/start.do?prodId=NRC Respondeat Superior. (2005). In S. Phelps J. Lehman (Eds.), Wests Encyclopedia of American Law (2nd ed., Vol. 8, pp. 334-336). Detroit: Gale. Retrieved from http://go.galegroup.com.proxy.davenport.edu/ps/i.do?id=GALE%7CCX3437703788v=2.1u=lom_davenportcit=rp=GVRLsw=w

The Good Life in Epic Narratives :: Odyssey Iliad Essays

The Good Life in Epic Narratives Classic literature juxtaposes two ways of life that illustrate the poles of true happiness: a life of adventure, exemplified by Odysseus (The Odyssey), and the life at home, which poets and farmers represent. In The Iliad, Achilleus chooses to live a short, glorious life, even though he could have chosen to live a long life in anonymity. Arguments have been put forth that the life of adventure is a living hell, as Achilleus testifies from Hades after his death - in hindsight, he would have settled for the life of a slave and given up his glory, if only he could have lived longer. Alternately, the life of the (metaphorical) farmer has been despised as simple and ordinary, when true immortality is only attained with great accomplishments, such as sacking Troy or surviving heroic adventures which are then recorded. In a modern day autobiography of the 1996 ascent of Mt. Everest (Sagarmatha to the Nepalis, or â€Å"goddess of the sky†), Jon Krakauer reveals the human motivatio n behind adventure and tells the story of the men and women who lived and died on the expeditions to the summit during that spring (Into Thin Air). With epic literature and a recent epic, I will illuminate the values of a reflective life as well as the life of adventure, and delve into the necessary components of the ‘good life.’ The Choice of Achilleus I carry two sorts of destiny toward the day of my death. Either, if I stay here and fight beside the city of the Trojans, my return home is gone, but my glory shall be everlasting; but if I return home to the beloved land of my fathers, the excellence of my glory is gone, but there will be a long life left for me, and my end in death will not come to me quickly. -Achilleus (Iliad, IX.411) The decision of Achilleus is a crucial moment in understanding how fate works in epic (Homerian) literature. Thetis tells Achilleus of his opportunity to win renown as the greatest warrior of all time, earning glory through his fearless acts in battle against a foe who is sure to overcome the Achaians. The fate of ten years of attack on Troy hinge upon the decision of Achilleus, who is given the choice to win glory for the Achaians and, more importantly, himself.

How to Establish and Maintain a Safe and Supportive Learning Environment Essay

‘’A suitable learning environment is crucial for effective learning to take place. This involves not only the venue and resources used, but also your attitude and the support you give to your students’’ ( Gravells A 2012, pg 24). In providing an ideal learning environment, you might have to be creative and work with the settings you are provided with. You must consider your student’s health and safety needs, and work within the boundaries of your organisation policies. Should there be any concerns about health and safety you must inform your organisation’s designated personnel. At no time should your learner’s health and safety be compromised. To establish purposeful learning in your given environment you must arrange the physical space to be conducive to discussion, and you as the facilitator should be easily seen by your learners. The toilet facilities should be clearly accessible, and any disable needs are met. When food and drink are provided, it should be suitable for everyone. For example the vegetarians, kosher and halal preferences, should be catered too as far as possible. If you have a break time it is good practice to let your learners know when this will take place. Knowing this can help your learners focus on their learning. Delivering your sessions with passion can help to motivate your learners. It is your responsibility to be prepared; making sure your environment is clean, and at the right temperature. If it is too hot, be considerate and open doors or windows- do try to solve or manage the problem. Also the quality of your lesson, tells your learners, you are professional and serious about your job. In such an environment your learners can feel ‘’safe secure, confident, and valued’’ (Gravells A 2012 pg25). This safety first approach is reflective of Maslow’s Hierarchy of needs, which states if one’s basic needs are met, and one feels comfortable, then one can feel a sense of belonging, which positively affects self esteem, this in turn can have a positive effect on learning Maslow 1987. (Gravells A 2012 pg 42).

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