LAMPOSTS CLAIM IN THE LAW OF TORT Case Study Example | Topics and Well Written Essays - 1500 words

LAMPOSTS CLAIM IN THE LAW OF TORT - Case Study Example But the safety crew did not give the warning. Such failure of BBC, through the safety crew, is considered negligent which caused Jones' accident. Thus, the BBC was liable for Jones' injuries. The cameraman and Jones worked as a team because their equipment was linked. Jones with his equipment was following the cameraman who had decided to pass beneath the mast thereby leading Jones into the hazardous area. The cameraman was then in breached of his duty of care and the BBC was vicariously liable for that negligence. In Wilsons & Clyde Coal Company, Limited v English, [1938] A.C. 57, the House of Lords stated as follows: " primarily the master has a duty to take due care to provide and maintain a reasonably safe system of working in the mine, and a master, who has delegated the duty of taking due care in the provision of a reasonably safe system of working to a competent servant, is responsible for a defect in the system of which he had no knowledge" Breach of Employer's Duty. Following the rulings in the Jones and Wilsons cases, it is clear that the football club is under a duty of care to provide Lampost with competent fellow employees, properly maintained site and facilities, and to provide a safe place and system of work. The question of whether the football club breached that duty of care depends on the standard of care owed by the defendant football club to its employee and whether it has taken reasonable steps considering the circumstances. (Latimer v A.E.C. Ltd.[1953]) In Jones, the breach of the employer's duty consists in BBC's failure (through its safety crew) to discuss with the cameraman and Jones the risk of the falling mast and to warn the cameraman and Jones in unequivocal terms that they must not go beneath it. In Wilsons, the breach by the employer consists of its failure to provide competent fellow employees, properly maintained mine and equipment, and to provide a safe place and system of work. In the case of Lampost, the failure of the football club to provide sufficient number of medical personnel and immediate treatment which caused Lampost's permanent limp and disability to play professional football constitutes a breach of the standard care required of the football club. Under the circumstances, having only one emergency doctor during a match is far from meeting the reasonable standard of care. First, it can reasonably be expected that injuries are bound to occur in a football match because, by the very nature of the game alone, it is physically strenuous and demanding. Second, it is a mathematical fact that the game is played by at least 22 players and having only one doctor during a match clearly does not meet the required standard of care. Third, considering that it was a premiership match, it can reasonably be expected that players are more competitive than usual and thus, injuries are bound to result from the matches. Hence, the football club should have hired more than one do ctor. Moreover, following McDermid v Nash Dredging and Reclamation Co. Ltd. [1987], it can also be inferred that the football club is in breach

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My Philosophy of Education Essays -- Education Educating Teaching Essa

My Philosophy of Education Education is a major component of our society. Each culture has its own traditions on education, and there are many different philosophies on education. There are so many people that are involved in the educational system, and I feel that it is important to express my own philosophy on education. Of course, one purpose of education is to help to develop children emotionally. In the educational setting students learn manners, how to respect their peers and their elders. In fact, I feel that this is one of the more important purposes of the schools. Children learn how to interact with other students, and teachers. Especially in the early years, students are taught to be honest, and to share. While these are lessons that might also be taught at home, it is important to reinforce proper behavior at schools. Similarly, the educational system also teaches basic skills that will be necessary in life. These lessons aren’t always taught in classes or planned in lessons, however, certain things, like time management is taught through school. Students are required to balance their life, with homework, sports practices, clubs, friends and family. This is an important skill that the educational system helps to develop. Clearly another purpose of schools is to teach students different subject areas. The purpose of education is to expand your knowledge, and your world. I believe that the pu...

Legal Aspects of Health Care Administration

In the practice of Health Care Administration, there is an organizational hierarchy that is followed. This organizational hierarchy dictates the way duties and responsibilities are spread out over the vast number of job descriptions available at the healthcare center.Since these duties and responsibilities are given to specific healthcare providers and professionals, it is important that they all understand what the scope of their practice covers. Scope of practice, as defined by Joyce Mitchell and Lee Haroun in their textbook Introduction to Healthcare refers to a healthcare professional â€Å"understanding exactly what one is legally allowed to do in one's profession.† Scope of practice defines the parameters by which a healthcare professional can perform certain procedures, actions, and details. Such duties are usually limited by the medical education and training that one receives both in the classroom and clinical experience. As such, the medical professional is expected to display a certain amount of competency as certified by the local state regulation exams and certifications.The Healthcare Professions Council also defines scope of practice in terms of a statement of tasks.   â€Å"Scope of practice statements describe in general terms what a profession does and how it does it. On the other hand, reserved acts, defined as those â€Å"tasks and services involving a significant risk of harm,† need to be restricted, and may only be performed by professions to whom they are, on a non-exclusive basis, assigned, and so long as those performing them are acting within the scope of practice of their profession.† As such, the scope of practice can vary from state to state although the general essence of the law remains constant in order for the public to understand the governing regulations pertaining to scope of practice.Due to the gravity of the responsibility attached to each medical practitioner's position in the organization, it is ver y important for organizations and healthcare managers to specifically define and develop the responsibilities of each person who is a member of the medical staff. Each member must know exactly what duties, responsibilities, and functions are expected of him and one must never over step those boundaries.It is highly important for each medical professional's role to be defined and delegated to the right medical professional because of each function spells the difference between life and death for the client. Therefore, the healthcare administrator or Nurse Manager must, according to Helen A. Schaag, MSN, MA, RN, author of the paper on The Role of the Nurse Manager in Maintaining Quality and Managing Risk: (1) hold other RN team members accountable for appropriate delegation, and (2) hold team members accountable for the implementation of their delegated actions, provide the appropriate feedback to team members. The healthcare administrators assume all responsibility for tasks delegate d to team members. Each team member must be allowed to perform his or her outlined task at any given opportunity, but within supervision of the healthcare administrator.Once the scope of a medical practitioner's practice is violated in any way, the said healthcare professional is liable for his actions. Let us not forget that the main responsibility of a healthcare professional is to â€Å"Do no harm†. This is why a healthcare professional must only function within the boundaries set by his scope of practice. The ultimate result of the act of overstepping the boundaries of one's scope of responsibilities becomes legal in some instances.Negligence is a case that stems from an incorrectly executed action, even if under supervision, by a person who is not legally allowed to perform such methods. Healthcare professionals train for years before being given a license to perform any procedures. Therefore, they are held in higher regard than someone who has not completed the same lev el of training is.This act of negligence is commonly termed within the medical field as Malpractice. This implies a failure on the part of the medical professional to perform his duties within a certain mandated skill as displayed by persons of his training status. This usually results in injury, loss, or damage to the patient and his relatives.In any organization, the employers carry command responsibility for the actions of their employees. In the medical field, this is termed as Respondent Superior. What this means according to Mitchell and Haroun, as excerpted from the book, Introduction to Healthcare is that, † (1) A physician could be held liable for the consequences of a medical assistant administering the wrong medication, and (2) A patient suffering injuries from a fall caused by incompetence of a physical therapist assistant could be awarded damages (money to compensate for injury or loss). The supervising therapist could be financially responsible. â€Å"Therefore, the scope of practice of a healthcare professional is non-transferable due to the various life threatening and legal implications that may arise from such actions.Work CitedMitchell, Joyce and Haroun, Lee. 2005. Introduction to Healthcare. Singapore. Thomson-DelmarSchaag, Helen A. 2001. The Role of the Nurse Manager in Maintaining Quality and Managing Risk. ANA Nurse Risking Management Services. Retrieved March 17, 2007 from http://nursingworld.org/mods/archive/mod311/cerm204.htmScope of Practice Review. Part I – Volume 1. July 21, 2005. Health Professions Council. Retrieved March 18, 2007 from http://www.healthservices.gov.bc.ca/leg/hpc/review/part-i/scope-review.html

Health Care Providers Essay

Health Care Providers Respiratory therapists care for people of all ages with restricted breathing problems such as emphysema, chronic obstructed pulmonary disease and asthma. Respiratory therapists may work in hospitals, long term care facilities, physicians’ offices, and home health services. Respiratory therapists must have an associate’s degree, although most have a both an associates and bachelor’s degree from an accredited college. They are licensed in all states except Alaska (Bureau of Labor Statistics 2012). Licensure requires passing a state certification or professional examination. Respiratory therapists teach patients how to use inhalers and aerosol machines. They provide counseling on smoking cessation. Also set-up, connects, and monitors ventilators for patients that cannot breathe on their own. Respiratory therapists also perform chest physiotherapy on cystic fibrosis patients to remove mucus from their lungs to make it easier for them to breathe. They also perform dia gnostic testing such as Pulmonary Function Testing and Methocholine Challenge Testing. The Pulmonary Function Tests provides physicians information on the patient’s lung capacity and breathing ability to assist them in prescribing the appropriate medication. The Methocholine Challenge Test determines if the patient has reversible asthma disease. The Respiratory therapist also performs a test called polysomnogram, a test to determine if a person has sleep apnea (breathing pauses during sleep). The annual median pay for Respiratory therapists as of May 2010 is $54, 280 (Bureau of Labor Statistics 2012). Employment of Respiratory therapists is expected to grow 28% from 2010 to 20120 (Bureau of Labor Statistics 2012) because of the rise in the in the number of elderly with increased incident of emphysema, chronic bronchitis, pneumonia and other respiratory diseases that restrict lung function or cause permanent damage. Also affecting the increase in the need for respiratory therapists is the continued use of all forms of smoking, air pollution and respiratory emergencies. A podiatrist is commonly known as a foot doctor, but is really a doctor of podiatric medicine (DPM). Podiatrists treat and diagnosis conditions of the feet, ankles, and lower legs. Podiatrists must complete four years of training in a podiatric medical school, after earning a bachelor’s degree and three years of residency training in a hospital setting. Podiatrists must be licensed in every state. To become licensed they have to pay a fee and pass  a state exam. Podiatrists can choose to specialize in various fields such as pediatrics, wound care, surgery, sports medicine, or diabetic care. Podiatrists can earn board certification by taking an exam after advanced training and clinical experience. The American Board of Podiatric Medicine and the American Board of Podiatric Surgery are the two certifying boards. Podiatrists traditionally work in private offices either alone or with partners, hospitals, and long-term care. The median annual salary for a podiatrist as of 2010 was $118,030 per year (Bureau of Labor Statistics 2012). The job outlook for podiatrist looks very good in the future, partly due to the limited number of podiatric medical schools and the amount of older podiatrists retiring. Education for chiropractors is one of the stringent of today’s healthcare providers. The chiropractor uses spinal manipulation to relieve the symptoms of low back pain, neck pain, and headaches. Chiropractors believe your body has a natural way of healing itself, the body’s structure, nerves, bones, muscles, and joints are all enter-related, and chiropractic treatment helps to balance your body and promote self-healing. When a person decides to enter chiropractor school he must have already completed fours of pre-medical undergraduate education. Once accepted into an accredited chiropractic college, four to five years of intense professional study is standard. Due to the hands on approach to chiropractic medicine most of the training is done in the clinical training. Because of their extensive training, chiropractors are able to diagnose health problems and refer patients to other healthcare providers as needed. Doctors of chiropractic are required to pass a national exam to become state licensed prior to practicing on their own. Chiropractors work in a variety of settings, hospitals, private practices, and schools. The median annual salary for a chiropractor varies depending on the location and setting, ranging from $ 31,120 to $142, 000 (Bureau of Labor Statistics 2013). Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, 2012-13 Edition, Respiratory Therapists, on the Internet at http://www.bls.gov/ooh/healthcare/respiratorytherapists.htm http://www.apma.org/learn/content.cfm?ItemNumber=992&navItemNumber=558 Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, 2012-13 Edition, Podiatrists, on the Internet at http://www.bls.gov/ooh/healthcare/podiatrists.htm http://www.acatoday.org/level3_css.cfm?T1ID=13&T2ID=61&T3ID=151 http://www.bls.gov/oes/current/oes291011.htm http://www.mayoclinic.com/health/chiropractic http://www.bls.gov/ooh/healthcare/respiratory-therapists