Saturday, April 25, 2020

Presentation Writer - an in Depth Anaylsis on What Works and What Doesnt

Presentation Writer - an in Depth Anaylsis on What Works and What Doesn't What You Don't Know About Presentation Writer This form of private development work will truly aid you to develop first more confidence, that is the key. Some individuals utilize the written area of the presentation for a guideline for the oral presentation. For instance, if you've got a task on speech writing, you don't expect to acquire a speech writer online who will offer to do your task at no cost. Finally, some men and women find completing papers a rather tedious endeavor and therefore prefer requesting an expert writer cope with this. The 5-Minute Rule for Presentation Writer Even when you're a star student which never gets anything aside from `A' and is utilised to undertaking all kinds of assignments, PowerPoint presentations can be particularly hard to collect. PowerPoint service presentations are considered an excellent bonus for virtually any learner. Accordingly, as a way to learn how to finish a presentation, which would be effective, it is best to forget about free PowerPoint presentation examples for students. Obviously, it is quite simple to discover totally free college PowerPoint presentation examples on the web. The Number One Question You Must Ask for Presentation Writer If you've got a PowerPoint presentation assignment, it is normal that the exact first thing you ought to do is start gathering information in your topic. The planning section of an oral presentation is like writing an essay. These questions ought to be the principal focus of your presentation. Your knowledge question should permit a selection of viewpoints so you aren't so limited when developing your ToK essay. While buying a ppt from professional PowerPoint presentation writing services such as us, you might also be confident in the grade of the outcome. Furthermore, our designers and editors ensure that the presentation is visually appealing and totally original, avoiding plagiarism at any cost. Make certain you follow all the tips above and they will certainly guaranty your success. If you have to make certain that the last work is going to be of exceptional quality, you're welcome to bring a PRO Writer bundle to your purchase, so that one of our top writers will finish the assignment for you. A very clear grasp of the meanings of these key words in Theory of Knowledge course is very important in the creation of a great ToK essay. If you're in such a scenario, all you have to do is pay for PowerPoint presentation writing services from a dependable presentation writer. Now let's get in the writing procedure that produces a professional PowerPoint presentation! Presentation will be finished quickly and will look very trendy and professional. Presentations are rather useful not just in classwork but also in real-life circumstances. PowerPoint presentation has three big elements. It is quite different compared to the standard essay writing. In the event you want to accomplish your task successfully but you need no clue how to do it, then search for the ideal PowerPoint template for academic presentation on the web. Aside from completing the paper itself, creating strong arguments and tailoring all of the information depending on your requirements, you also have to think about the fonts and colors, quantity of slides and a lot of additional specifics. Sometimes you could be required to pick a title from a list. In any case, the presentation is going to be saved in a new location so the template isn't overwritten. We provide you direct contact with the writer through our on-line messaging system which is attached to our site. When you feel as though you are just too stressed to finish your assignments in time, or don't have the most suitable understanding of PowerPoint to finish your project, our professional presentation writing service is always available. Hiring such a writer offers you the confidence of excellent work. Expert advice Another advantage which is included with the choice to pay for PowerPoint presentation writing services is the simple fact which you are assured of expert advice. It's a really marvelous chance for you to develop your creative skills! Writing a wonderful presentation demands much investment with respect to time, research, and the suitable skills. Students are too concentrated on the design and don't pay appreciable attention to data. A Secret Weapon for Presentation Writer It is a superb means to provide your audience a glimpse of what the presentation is all about. Once a while every student is requested to compose a speech and perform facing the audience. Writing presentations isn't an issue anymore, and we are going to gladly your academic back and will do what's needed so you get what you desire. PowerPoint presentations usually involve a great deal of pretending.

Common Problems When Writing a Help Paper

Common Problems When Writing a Help PaperHelp papers require great attention in order to be concise, engaging and interesting. While no one is perfect, it is easy to make a few mistakes while writing your paper, which can easily be corrected. Below are some of the most common problems when writing help papers.Papers that have lots of math equations or measurements will be hard to read. People who write papers are constantly referring to statistics and charts, and this should not make a difference between the type of paper you are writing. If you write math equations that are hard to understand, then you could face a paper rejection. It is also important to ensure that there are no confusing words in your paper.Some people may find the idea of starting a project with a problem daunting. The goal is to find solutions to everyday problems and solve them. This paper does not need to be complex as long as it has something to do with life, like giving the ideas of a successful businessman. The important pieces of information that people want to get out of their papers are written into the first paragraph. Writing in a strong way with fewer words is important, but to make sure your first paragraph is interesting, be brief. Use examples to give people an idea of what you will discuss. Avoid making your thoughts seem overwhelming because this will make it difficult for people to finish reading.Many writers can't stand the feeling of writing in the same handwriting every single time. They don't think they will make it through. Use pencils to sketch in the details of the paper and feel free to use different colors, even on the black paper. Keeping your outline simple will allow you to stay focused on the main points.Many people start out by addressing one person and have to move onto another later. By including several students in your paper, it will make it easier to address the same individual each time. You can even include a cross section of students that cover a varie ty of subjects. This will keep people interested and they will remain in the paper for longer.Never change subjects or topics when someone starts to read. The help paper topics ideas vary from topic to topic, so it is important to address every student in the paper. It is a good idea to make the topic stick by introducing it several times, which will introduce a variety of topics and ideas.The most important tip is to write a thorough topic and summary before writing your paper. Make sure you find the most useful topics that apply to everyone's needs. Being aware of what people need will make your paper more readable and will avoid distracting people.

How to Introduce Yourself in an Essay For College

How to Introduce Yourself in an Essay For CollegeHow to introduce yourself in an essay for college is a question that many students are facing every year. It can be overwhelming for many students to try to decide how to actually write an essay for a college that will best suit them. But, there are certainly many places to find the information that you need to be able to write the best essay possible.Many students take the time to study up on how to write a good essay for college. It can be helpful to do some homework when it comes to writing for college. A good college essay will stand out from the rest of the writing and not be done merely because you found the information you needed in your textbooks. So, if you find a piece of writing online or from a book or on the Internet that is bad, you might want to use that piece of writing as a guide to what not to do when writing your own essay for college.For those who are completely overwhelmed by how to introduce yourself in an essay f or college, the best thing to do is to seek out as much information as you can. There are a number of people who will be able to offer you insight on how to write an essay for college. First of all, you need to check the Wikipedia website for any basic facts on writing for college. And then, you should get all of the information you can out of a book that covers the topic of writing for college and then try to write about the information you know about writing for college.When you have the right information, your essay should be much more useful. When you have the right information in your essay, your essay will stand out and be the best essay you have ever written. Your essay will be the most impressive and professional looking essay you have ever written. You will find that not only is your essay much more professional looking, but it will be written more clearly. The best way to go about how to introduce yourself in an essay for college is to find a college essay that was written by someone who was there at the time that you are now going to be in college. When you are able to find a writing sample from the past, you will find that it will give you much more of an idea on how to write an essay for a college that will be more professional looking. You will also find that the information that you use in your own essay will not be out of date, and you will be able to use the information that you used as a guide to writing an essay for college.Another way to find out how to introduce yourself in an essay for college is to look through your textbooks or books on writing for college. You should consider writing an essay for a college that is much more different than what you have seen in other examples. So, look at different examples of essays that have been written for college to get the best idea on how to write an essay for college. You will find that if you are able to write an essay for a college that is completely different from what you have seen, that you will be able to write an essay that is much more impressive and professional looking.In the end, how to introduce yourself in an essay for college is very important. It is important that you learn how to write an essay for college in order to be able to write the best essay possible. By reading through examples of how to write an essay for college, you will have a better idea on how to go about writing your own essay for college.

Sample Interview Essay Questions

Sample Interview Essay QuestionsAn interview essay question is nothing more than a short piece of advice or a question designed to get your attention, but there are several different kinds of interview questions that you can expect to encounter. Here are some sample questions from essays that I've dealt with in the past.Any question that you encounter is certain to be something along the lines of 'I was thinking of writing an essay and need some help with the title.' This one is probably going to require a good bit of research and creativity so a good tip is to come up with a strong title that you really enjoy. This also might require some background information and details for the reader to consider. If you are struggling with this, consider a more challenging topic.This is a sample interview question about a book or a movie you liked. This kind of essay question is a little easier since you are just getting the basic idea out there and getting feedback from an employer. If you are a writer, make sure you are being very careful in your choice of words. It is easy to get lost in all the wordy details and forget about how to actually create the piece.A sample question that you will encounter during an interview can come from a person who is just starting to write. You may need to include your current favorite author as well as a review of a book or movie. Remember that the idea is to get feedback so your answers to questions are based on the information you have provided.An example of an interview question can come from someone who is already working in a field, in a career, or a field that they find interesting. These questions can sometimes be very general, so you want to make sure you are picking an appropriate topic that will interest the employer as well as you.The more direct question, you will be faced with when creating your actual essays is probably going to be about something that you are currently working on. You might even be asked if you have any su ggestions for improvements in this area.These are just a few of the many sample interview questions that you will encounter. Make sure that you are prepared before you step into an interview room so that you have the best chance of answering the questions that you will be asked.

Friday, April 17, 2020

Legal Environment Torts and Product Liability

Introduction A tort is a civil wrong that is committed as a breach of duty owed to somebody else. The law of torts covers different topics like false imprisonment, auto accidents, product liability and slander and libel. Environmental pollution may also be included in such a case. The person who suffers is supposed to be compensated by the person who is liable or responsible for the injury inflicted.Advertising We will write a custom essay sample on Legal Environment: Torts and Product Liability specifically for you for only $16.05 $11/page Learn More The role of economic torts is to ensure that individuals are protected from a possible interference in their business or trade operations. As a form of a case law, product liability ensures that manufacturers, distributors as well as the retailers of a product bear responsibility in the event that a product that they offer to the market results in any injury to the consumers. This is because they are the on es who make customers access the product and hence should be ready to explain the injury in question. In this case, they should be able to maintain their responsibility for any action. In a legal environment, a specific case can be said to be frivolous if it has little or no chance of being won in the courts (Coase, 1990, p.4). The claim is termed frivolous if it is found to be rather absurd. This might be regardless of the legal standing that the case seems to be portraying at that particular time. In some occasions, the case might be prohibited by the law. On the other hand, a case can only be certified to be frivolous after a proper investigation has been done. The legal environment plays an integral role in business and can either make the environment (business) favorable or unfavorable. Companies continue to face lawsuits as a result of their business activities and this study will look at two cases that have manifested themselves in recent years. Discussion Facts We have two c ases where both complainants sued for what they considered to be damages done on them. In the first case, Stella Liebeck sued McDonalds for damages from the third degree burns she sustained from hot McDonalds coffee that she spilled on her lap while seated in her car (Ted, 2005, p. 16). The key fact about this case is that Stella was not driving when she pulled the lid off but rather she was on the passenger’s seat. She had ordered for coffee from the drive-through window of the company’s franchised restaurant. At that particular time, it was her grandson who was driving the car. The incident took place as the grandson attempted to pull over the car so that she could have time to add cream and sugar to her coffee. By the time this occurred, the hot cup of coffee was between her knees.Advertising Looking for essay on environmental law? Let's see if we can help you! Get your first paper with 15% OFF Learn More After the coffee spilled, she had to sit in the puddle of hot liquid for over 90 seconds. In addition, she was seriously burned and needed treatment and rehabilitation for almost two years. This was after she sustained 6-16% burns on her skin thereby undergoing skin grafting. In the second case, Roy L. Pearson sued Custom Cleaners for several million dollars for damages resulting from a lost pair of trousers (Fisher, 2007, p. 8). The company in question was a dry cleaning establishment owned by the Chungs. The allegations were that the son took the pants to be dry cleaned but the dry cleaner delayed in delivering them back to the client because he had sent these to a different dry cleaner by mistake. When the pants were returned to Pearson after the expiry of his pick up date, he declined to have them, claiming that these were not his pants. This made him to launch a lawsuit against the dry cleaners. Issues In the case of Liebeck, she had sought to settle the issue with the company. She only wanted $ 20,000 to settle her medical costs which were in real essence $ 11,000. The company did not see it realistic to pay her this amount and offered $800 (Gerlin, 1994, p. 9). After the company refused to increase this amount, she sought the services of a Texas attorney (Reed Morgan) to file a suit in a New Mexico district court. In the suit, they accused McDonalds of gross negligence. They said that the company was selling defectively manufactured and unreasonably dangerous coffee. McDonalds refused to agree to any settlements outside the court as they could not come to terms with any of Morgan’s offers. In forwarding and arguing their case they said that the company served extremely hot coffee that did not conform to the industry recommended temperatures. The company’s franchises served coffee at 180 -190F. Given the high temperature level, it was established that the coffee could have inflicted burns on the victims in a very short time, between two and seven seconds. From Pearson’s case, he demanded the price of the pants as his compensation (Steiner, 2007, p. 12). The amount in question here was $1000 which was turned down by the owners of the company (Chungs). After failing to agree, he filed the case in the District of Columbia superior court. In advancing his case, Pearson had two points of argument.Advertising We will write a custom essay sample on Legal Environment: Torts and Product Liability specifically for you for only $16.05 $11/page Learn More The first claim said that the pair of pants in question was not the original one he had given the drycleaners to clean. In the second claim he had an issue with the signs posted outside the business. According to Pearson, the signs at the business premises were a real distraction because of the guarantee by the business premises to offer same day delivery service. In this case, the dry cleaner did not fulfill this promise. What law applies? The law has clear guidelines on what should be d one in cases of product negligence and liability. In such cases, the injured has to show that the defendant did not use reasonable care in manufacturing and designing the product. The manufacturer is also supposed to give adequate warnings in advance so that customers are made aware (Koppel, 2010, p. 14). In cases of strict liability of tort, the plaintiff has to prove that he was injured by the product. It must also be proved beyond reasonable doubt that the injury came about as a result of a defect in the product. The defect should have existed from the time the product left the manufacturer and continued being there. The law is clear that customers should be protected from unsafe products. Because the products end up causing injury to their consumers, manufacturers are supposed to bear the costs of the injuries. When a product lacks adequate warnings, instructions or even labels, then it is deemed defective. In filing cases, the injured must prove that the manufacturers did not g ive adequate instructions on the products. When a consumer is aware of a potential risk and assumes it, the manufacturer can not be held liable for any injury caused (Steiner, 2007, p. 9). In cases of intentional tort, the complainant is supposed to prove that there was a voluntary act or intent. There must be a tangible prove that there was causation of the problem in question. If the plaintiff agreed to the act there might be no case to be argued in this scenario. Intentional torts are supposed to protect individuals from any kind of injury and ensure that their properties are safe. In the long run, they are supposed to take care of business relationships and economic interests of all the parties involved. This could also result in emotional distress on a victim as a result of the defendant’s outrageous conduct. Whenever a person is subjected to severe emotional suffering, there is a case to be answered by the accused (Gerlin, 1994, p. 6). In extreme cases, there should be no proximate or actual causation of any emotional distress to a given individual. The law does not allow any trespass to personal property. In a broad sense, it does not have any provision for altering personal property. An individual does not have any moral authority to control the property of another person in any given case.Advertising Looking for essay on environmental law? Let's see if we can help you! Get your first paper with 15% OFF Learn More What did the judge and/or jury decide? In Liebeck’s case the verdict was reached by a twelve person jury. Using the comparative negligence principle, the jury reached a conclusion that McDonald’s was to blame for the incident in question. In addition, Liebeck was found to be 20% responsible as a result of her fault. It is quite clear that the coffee had a warning on it but the jury was of the opinion that it was not large enough to be noticed by the complainant. As a result they were able to award her compensatory damages worth $ 200, 000 which was later reduced by 20% to $160, 000.Liebeck was also awarded punitive damages worth $2.7 million (Gerlin, 1994, 3). This was settled at because the company was estimated to collect $1.35 million per day. The punitive damages were reduced to $ 480,000. These figures were disputed by both McDonalds and Liebeck. Later on they decided for an out of court settlement of not more than $ 600,000.After the Chungs presenting three conse cutive offers which were rejected by Pearson the court made a concern that the plaintiff was acting in bad faith. Some issues were ruled in their favor of the Chungs but the judges were convinced that they had a case to answer. The trial to this case came to a close in 2007. In this case, the judge handed victory to the dry cleaners. She also awarded them court costs which were pursuant to a motion (Koppel, 2010, p. 23). The Chungs later on withdrew this motion to shy away from being given the court costs. In addition, the court had taken a judicial notice of Pearson’s divorce proceedings. This decision was not received well by Pearson who had an issue with the ruling where he said that the court had made numerous errors that needed to be looked into again (Koppel, 2010, p. 17). On the other hand, the Chungs moved to recover $83,000 in attorney’s fees (Koppel, 2010, p. 13). Appropriate decision based on the applicable law In both cases, the judges made the best and app ropriate decisions in relation to the law. Starting from Liebecks case the company had a case to answer. It is evident that there were numerous cases that had been filed in relation to McDonalds products. The cases are estimated to be 700. This therefore raises a question about the company’s commitment to resolve this issue even when it had foreseen it coming (through the cases filled). Although the coffee cup had a warning, it was not satisfactory enough to be able to capture the attention of the customer and this can be said to be negligence (Bainbridge, 2004, p. 11). Under normal circumstances, the law is clear that manufactures are supposed to put on their products warnings, guidelines and instructions. This is supposed to help customers in using the product thereby avoiding any accidents that can lead to injury. The complainant was able to prove beyond reasonable doubt that indeed he had been injured while using the product. Because the product ended up causing injury to the consumer, McDonald is supposed to bear the costs of the injuries (Gerlin, 1994, p. 5). As a matter of fact the judges were fair in awarding Stella the money she got. In the second case of Pearson the ruling was fair as the dry cleaners had not contravened any law. There was no evidence that they had breached any law in handling his pants. In fact the pants were ready for collection at the agreed date. The judge did not see any case that the dry cleaners were supposed to answer. When a person is subjected to a severe emotional suffering; there is a case to be answered by the accused. In extreme cases there should be no proximate or actual causation of any emotional distress to a given individual. This is not seen in this case as Pearson has no strong basis of argument. As a matter of fact, the dry cleaners had proved that the pants belonged to Pearson as their records and receipts (in his possession) proved them right. Ethical issues There are notable ethical issues in the cases . The judges had professional ethical issues to look at. Professional ethical issues do not differ from the legal issues. Judges were supposed to ensure that they give the cases the necessary professional approach at their disposal (Bainbridge, 2004, p. 21). This was to be done in relation to the law. Since these were distinct cases they needed to be guided by what the law says about a certain issue. Professionalism is an ethical issue that goes well with the legal issues. In giving sound rulings, the judges ensured that they have adhered to the legal issues as far as their profession dictates. Therefore, it can be said that this ethical issue did not differ with the legal issues put in place. Another ethical issue was from the way the suits were filed. They were supposed to be filed on the existing legal framework. Liebeck can be said to have followed the right ethical issue by presenting a genuine case. It is ethical to be genuine with the complaints we put forward and they should not contravene the legal issues (we have to in cooperate). Hence, in this case it can be said that the ethical issues did not differ with the legal issues. There is an extreme case where the ethical issue does differ with the legal issue. Ethically Pearson’s case does not have any legal basis that can support it (Koppel, 2010, p. 20). In filing the case, it would have been wise for him to know if it is worth what it takes instead of him going ahead yet he had no prove that the dry cleaners had lost his pants. In a legal environment, ethical issues can help to reinforce and enhance legal issues that will promote professionalism. Through this, there is bound to be sincere and genuine frameworks of solving legal related issues. Is either one or both of these cases frivolous? In a legal environment, a case can be said to be frivolous if it has little or no chance of winning in the courts. The claim is termed frivolous if it is found to be rather absurd. This might be regardless of the legal standing that the case seems to be portraying at a particular time. In some occasions the cases might be prohibited by law. On the other hand, a case can only be certified to be frivolous after proper investigation has been done. The first case of Liebeck does not have any signs of being frivolous based on the way it was approached. She was right to file a suit against the company after looking at it from a winning point of view, this was guided by the fact that 700 cases had been advanced about the company before. One can not term this case absurd because there was concrete evidence that she had been burnt by the company’s product and hence the need to file it. The coffee that burnt her was produced at high temperatures (that were much higher) than what other competitors were offering in the market (Ted, 2005, p. 13). In making the ruling, the Judge acknowledged that coffee (from McDonalds) had instructions. In addition these instructions were not comprehensive enough. If the instructions would have been clearer and understandable enough she could not have burnt herself. This case can not be termed frivolous because it had not been presumed so by law. The law is able to identify such cases and know how to deal with them. Such cases are normally considered to be baseless. The second case of Pearson was frivolous because the law prohibits such a case. An example is from the way the magistrate threw it away without seeing any basis of argument. This case does not any basis of argument as it looks too absurd that he is suing the dry cleaners yet they gave him his pants (Koppel, 2010, p. 12). The dry cleaners have proved beyond reasonable doubt that they are genuine. To prove that they had the original pants they gave out the records and receipts of sales. Cases need to be well evaluated before they are filed to ensure that they are not frivolous at all. This is necessary to ensure that the legal frameworks are efficient in solving any business problem that arises. Business owners Business owners have faced various problems in relation to their products. Their products have either been defective or they have ended up injuring those using them. These kinds of problems are expected but caution has to be taken as they have adverse effects if they turn out to be true. This is because the company might end up paying a lot of money in damages or compensation. As a matter of fact, this eats into their profits. Although the two cases are distinct, there is a way that the owners could have prevented them from occurring. The owners or management of McDonalds had done everything possible to ensure that customers read instructions on the use of their coffee (Coase, 1990, p.14). This is laudable as customers need such directions and guidelines to be able to use the products effectively. The only loophole they have not sealed is their inability to ensure that the instructions are well laid out and clearly visible to their consumers (Te d, 2005, p. 26). Through this, they could have avoided this problem. They need to ensure that this is done so that any other future lawsuits on this basis end up being baseless. McDonalds have served their coffee in high temperatures to ensure that they stay hot for a long time. There have been complaints that their coffee is too hot compared to what other competitors are offering in the market. Because of this, they could have reduced the temperatures (that their coffee should have) as it could not have resulted into serious burns. The problem was made worse by the high percentage of burns that Liebeck sustained and this could be avoided. McDonalds needs to ensure that there is a lot of consumer awareness on the use of their products in future. This can be explained from the fact that the complainant also made a mistake by putting the hot cup of coffee between her knees. In normal circumstances an enlightened consumer can not do such a mistake. The owners of custom cleaners could a lso have avoided this problem. They could have labeled the pants and other clothes well so that they don’t go to other dry cleaners as this seemed to be the basis of Pearson’s lawsuit. In future, they need to ensure that they avoid such petty mistakes that can end up being costly. On the other hand, they should ensure that they deliver on time as expected by customers to avoid any inconveniences. This is necessary as the customer can sue them for subjecting him/her to emotional suffering. In addition, they need to enhance their record keeping as the problem seems to have emanated from there. Conclusion The key fact about the first case is that Stella was not driving when she pulled the lid off but rather she was on the passenger’s seat. She had ordered for coffee from the drive-through window of the company’s franchised restaurant. In the second case, Roy L. Pearson sued Custom Cleaners for several million dollars for damages resulting from a lost pair of trousers. The company in question was a dry cleaning establishment owned by the Chungs. In both cases, the judges made the best and appropriate decisions in relation to the law. Starting from Liebecks case the company had a case to answer. It is evident that there were numerous cases that had been filed in relation to McDonalds products. The cases are estimated to be 700. This therefore raises a question about the company’s commitment in resolving this issue even when it had foreseen it coming (through the cases filled). In the second case of Pearson, the ruling was fair as the dry cleaners had not contravened any law. There was no evidence that they had breached any law in handling his pants. In fact, the pants were ready for collection at the agreed date. The judge did not see any case that the dry cleaners were supposed to answer. Reference List Bainbridge, S. 2004. Trial lawyer propaganda at KOS. Retrieved from https://www.professorbainbridge.com/professorbainbridgecom/2 004/08/trial-lawyerjohn-edwards-propaganda-at-kos.html Coase, H. 1990. The Firm, the Market and the Law. Chicago: Chicago University Press. Fisher, M. 2007. Wearing Down the Judicial System with a Pair of Pants. Washington D.C: The Washington Post. Gerlin, A. 1994. A Matter of Degree: How a Jury decided that a Coffee Spill is worth $2.9 Million. USA: Washington DC. Koppel, N. 2010. Pants judge: Roy Pearson strikes out in court. Washington D.C: The Washington Post. Steiner, E. 2007. More on the Verdict in Pearson v. Custom Cleaners. Washington D.C: The Washington Post. Ted, F. 2005. Urban legends and Stella Liebeck and the McDonald’s coffee case. Retrieved from https://www.overlawyered.com/2005/10/urban-legends-and-stella-liebeck-and-the-mcdonalds-coffee-case/ This essay on Legal Environment: Torts and Product Liability was written and submitted by user Ronald Nunez to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Saturday, March 14, 2020

Medicine and law Essay Example

Medicine and law Essay Example Medicine and law Essay Medicine and law Essay Introduction It is now a firmly established belief that legal and ethical considerations are integral to medical practice in the planning for the care of the patient. With the advances in medical sciences and growing sophistication of the legal framework in modern society as well as increasing awareness of human rights and changing moral principles of the community at large, doctors and other healthcare workers alike are now frequently caught in difficult dilemmas in many aspects arising from daily practice. Examples are plenty such as the duty to respect informed consent, truth-telling, breach of confidentiality, disclosure  of medical errors, rationing of scarce health resources, biomedical research, organ donation, etc. Besides, there is also growing anxiety both within the medical profession and in the community regarding increasing trends of complaints and lawsuits against doctors. From the bitter experience of many doctors who were engaged in complaint or lawsuits in the past, many of them had resulted from failing of their doctor-patient communication skill or inadequate ability to comprehend and resolve dilemmas in clinical settings. Medical ethics has developed into a well based discipline which acts as a bridge between theoretical bioethics  and the bedside. 1 The goal is to improve the quality of patient care by identifying, analysing, and attempting to resolve the ethical problems that arise in practice. 2 In addition to our moral obligations, doctors are also bound by laws and official regulations which form the legal framework regulating medical practice. It is now a universal consensus that legal and ethical considerations are inherent and inseparable parts of good medical practice across the whole spectrum. The disciplines of law and ethics in medical practice overlap in many areas and yet each has its unique parameters and distinct focus. Legal and Ethical Regulations of Medical Practice in History In ancient Egypt, practice of medicine was subject to legal restrictions. The right to practise was restricted to members of a certain class, and all doctors had to learn and follow the percepts laid down by their predecessors. Obviously, this was to protect the public from quackery. Fees for the doctors were paid by the State. If unsatisfactory results followed a course of treatment that had departed from the orthodox, the doctor responsible would be liable to punishment, which could be very harsh. Similar legal restrictions on medical practice were also  found in other early civilizations such as Babylon and India. 3 Throughout the history of mankind, medical legislation has continuously evolved to regulate the practice of medicine. The fundamental objective is to safeguard the standards of the medical profession and to protect the public against unskilled vendors of medicine who would be as injurious to the community as other criminals. The Justinian Code of the Byzantine Empire in 529 AD is probably the earliest law code found to contain clauses to require educational standard and proof of competence of doctors by examinations. It also restricted the number of doctors in each town and penalties were imposed for malpractice. By 12th century, there were well established medical legislations in Italy, namely the edict of Roger II of Sicily in 1140 and Frederick II in 1224, to prescribe organized medical teaching, set courses, examinations and qualifications. 3 In Hong Kong, laws on public health and medical practice, essentially an adoption of the English Acts, had been introduced from the early days. In 1884, the first Medical Registration Ordinance was enacted to regulate the practice of medicine in the territory. Nowadays, the Hong  Kong Medical Council is established and empowered by law to perform the following major functions: (a) assessment of qualifications and maintenance of Register of Medical Practitioners, and registration is the only valid licence to practise medicine; (b) formulating guidelines on the ethical and professional standards; (c) investigation of complaints of professional misconduct; (d) supervision of medical education and training; and (e) assessment of fitness to practise where a doctors health is of concern. 4 In addition to legal regulation, there were also codes of medical ethics to guide the doctors for proper conduct. The earliest code of medical ethics is the Hippocratic Oath originated in Greece in the 5th century BC, which evolved to regulate the standard of conduct and care by 4 MEDICAL SECTION August 2003 the medical profession at that time. 3 Indeed, the spirit of this 25-century old Oath was restated in the Declaration of Geneva by the World Medical Association in 1948. The Declaration is the basis of the modern version of the International Code of Medical Ethics, which was first formulated by the World Medical Association in 1949 with subsequent amendments by the World Medical Assembly  in 1968 and 1983 in Sydney and Venice respectively. Meaning of Law and Medical Ethics in a Nutshell In its simplest context, law can be defined as enforced rules devised by the State to govern the behaviour of its members for the mutual benefits of all. Observance of the rules must be guaranteed by some kinds of sanction directed against the rule breakers. In addition to laws for the general public, doctors are bounded by certain specific rules stipulated in statutes as well as code of professional conduct laid down by the official regulating authority, namely the Medical Council, and administrative codes  set by the institutions. Together, they form the legal framework regarding the practice of medicine, violation of which may lead to criminal or civil liability, or disciplinary actions. In addition to legal obligations, there are also expectations of society for the doctors and the goal of the profession based on long established moral principles of self-evident value, which define the moral framework of medical practice. Medical ethics can be defined as a self-imposed code of conduct accepted voluntarily within the medical profession, the observance of which depends on ones conscience and moral values. Law and medical ethics are both dynamic and are in a constant state of change with time due to changing circumstances and societal values. Thus, new legislation and court decisions give rise to changes of the law and new ethical issues emerge in response to challenges created by new technology, law or other influence. There is also wide difference in law from country to country because of factors regarding religion, culture, traditions, political systems and social standards. Fundamental Principles in Medical Ethics5 Medical ethics is an applied ethics which involves examining specific controversial issues such as abortion,  breach of confidentiality, end-of-life care, rationing of scarce medical resources. The objective is to try to identify the issue concerned, analyze it with reasoned ideas and arguments and arrive at a viable and morally acceptable resolution for it. In the realm of medical practice, it is difficult to hold rules or principles that are absolute in view of the many variables that exist in the context of clinical cases as well as new issues that arise as a result of changing circumstances and belief. Nevertheless, over the years, there are certain fundamental principles that have won a general acceptance as guideposts in the  moral analysis of ethical dilemmas in medicine. The fundamental principles that apply generally to medicine or health care at large are: (a) respect of patients autonomy; (b) the principle of nonmaleficence, i. e. , the duty to avoid harm or injury to patients; (c) the principle of beneficence, i. e. , the duty to do good to your patients, relieve their pain and suffering and to save life if you can; and (d) the principle of justice and act fairly. The values that encompass the four fundamental principles in medical ethics are self-evident. They are considered to be doctors prima facie duties to the patients  and society. It is necessary for a doctor to take all of them into account when they are applicable to the clinical case under consideration. Not infrequently, when two or more principles apply, they may be in conflict. For instance, the decision to operate on a case of acute appendicitis involves at least two competing prima facie duties on the part of the doctor. At one end, the doctor is obliged to provide the greatest benefit to the patient by performing an immediate appendectomy. At the other end, surgery and general anesthesia carry risks and the doctor is under the obligation to avoid causing harm to the patient. The resolution adopted must base on a balance between the demands of the competing principles by determining which carries more weight in the particular case. In the case of appendicitis, a generally accepted rational calculus holds that the patient is in far greater risk of harm from a ruptured appendix if the doctor do not act, than from the operation and anesthesia if the doctor proceed to surgery. Law and Medicine Broadly speaking, medical matters come into interaction with law in four aspects: (a) legislation and administrative regulations affecting medical practice; (b) court judgments  on problematic or controversial ethical issues in medicine; (c) medical matters or personnel may become subjects of lawsuits when issues of medical malpractice or alleged medical negligence arise; and (d) use of medical matters as evidence in courts for other criminal or civil proceedings such as cases of homicide, rape, wounding, workmans compensation, insurance claims and the like. The Interaction of Law and Ethics in Medical Practice Despite their distinctive roles, law and medical ethics overlap in many areas. It is indeed difficult to dissociate the legal and ethical basis of the professional duties of  doctors. For instance, both law and medical ethics address to issues of confidentiality, euthanasia, abortion, use of dangerous drugs, medical malpractice and the like. MEDICAL SECTIONVol. 8 No. 6 5 Both law and medical ethics aim at safeguarding a good standard of medical practice within the community. The overriding consideration is to ensure the health and welfare of the general public. It is fundamental that doctors should be law abiding or they may face civil/criminal consequences due to breach of the standards prescribed by legal requirements. On the other hand, an ethics percept that is not adopted into  law may be a significant professional and moral guidance but it is generally not enforceable. Often, lawmakers (courts and legislature) do take into account the views of medical profession, which may include ethical principle, when crafting laws affecting medical practice. Thus, ethical standards can be incorporated in the legislation and become part of the legal standards. At times, a doctors prima facie ethical duty may clash with his legal obligation. A notable example that often occurs is when the duty of confidentiality has to be breached by a court order and refusal to disclosure  amounts to contempt of court. It is true that law is the established social rules for conduct which, in most instance, incorporates ethical standards to which the society subscribe. However, there are also instances when laws may be bent to reach socially compelling results, which can deviate from what is ethical. An entire society can become morally corrupt. No doubt, the doctors in Nazi Germany and Japan who had participated in the most notorious human experimentations during the Second World War were ethically wrong and were convicted of war criminals in subsequent trials, although  their behaviour were not legally wrong under their social standards at that time. Growing Attention to Legal and Ethical Issues in Medical Practice Attention to legal and ethical issues in medical practice is growing intense in recent years both within the medical profession and in all sectors of the society. The ethical issues raised by new medical advances and the rapidly changing public values have provoked much debates among medical professionals and in other disciplines including lawyers, philosophers, sociologists, theologians, mass media and the community at large. Large scale  programmes such as the human genome project, end- of-life care, priority setting, rationing of medical resources, womens health have attracted profound research interest in their ethical, legal and social issues. The propensity to litigate is also on the uprising trend in recent years. This is part and parcel of the general trend that people nowadays are more conscious of litigation in all areas of life, particularly in the light of the increased awareness of their legal and human rights as well as rules of law. During the past century or so, medicine has evolved more as a science than as a mystical art. The media has also reduced the complex medical sciences to a level that will allow the general population to comprehend. Moreover, consumerism is now firmly established in medical practice and this has been promoted on a wide scale by patients rights organizations as well as authorities through public education and introduction of charters and performance pledges. In recent decades, there has also been a fall of the traditional paternalism in medical practice. Thus, the patients and their families are now more ready to speak up to protect their rights, to raise questions or doubts on the conduct  and skill of their doctors. Furthermore, issues of infringement of patients rights, malpractice and medical negligence are now attracting wide media coverage. This has undoubtedly served to alert the general public to such possibilities. The increase in medical negligence claims and litigation on issues of malpractice in recent years is reflected both in the number of lawsuits and the tremendous sum of monetary value involved. There is now greater availability of lawyers as well as compensation claim agencies who are ready to assist the patients and their families to institute legal actions against their doctors. A greater proportion of the general population is now aware that the courts can and, on occasion, do provide substantial monetary compensation for personal injury. This has obviously enhanced the growing compensation awareness in the public mind. Even in a lawsuit that has not been successful in proving the defendant doctors liability to the plaintiffs personal injury, it can still devastate the doctors career because of the media coverage it receives. The new wave of class-action lawsuits against healthcare professionals and organizations in North America is particularly worrying. The assembling of a  group of plaintiffs instead of a single plaintiff greatly expands the defendants exposure to liability. Besides, it is also likely that the media attention on such a case will attract additional potential plaintiffs. 6 Another factor that has been suggested by some health care professionals is the depersonalization of the doctor- patient relationship. It is undoubtedly easier to sue a relatively anonymous defendant, such as a hospital consultant, than to sue a family doctor whom one has known for years, and this is even truer of hospital authorities. The Scope of Law and Ethics in Medical  Practice The scope of law and ethics in medical practice is expanding all the time. Any attempt in listing out the core topics can neither be complete nor prescriptive. Some topics are of interest to doctors of all specialties whilst some topics are more important to particular specialties. The following list is based largely on the consensus statement of the teachers of medical ethics and law in 6 MEDICAL SECTION August 2003 UK on a model for core curriculum in medical ethics and law within medical education: 1. Official regulations of medical practice (a) Statutes laid down by legislature e. g.  Cap 161 Medical Registration Ordinance Cap 134 Dangerous Drugs Ordinance Cap 137 Antibiotics Ordinance Cap 138 Pharmacy and Poisons Ordinance (b) List of Misconduct in a Professional Respect issued by the Medical Council of Hong Kong7 2. Foundations of doctor-patient relationship1,5 (a) Doctors obligation of fidelity – patients expect that doctors are trustworthy, knowledgeable and competent. Doctors are looked upon as trustees of patients medical welfare, always acting in the interests of the patients. We owe a duty of not causing harm to our patients (the principle of nonmaleficence). We also have a duty to do good  to our patients if we can (the principle of beneficence). (b) Respect of patients rights, including the basic principle of human rights and their relations with moral and professional duties. (c) Respect of privacy and confidentiality – the doctor- patient relationship is essentially founded on trust and confidence. Doctors are expected to respect for patients privacy and disclose patients information only when justified. At times, there is often conflict of interest between individuals or between and individual and the public with regard to disclosure of patients information. There is also  legal requirement to protect privacy in the general sense (Cap 486 Personal Data (Privacy) Ordinance). (d) Respect of patients autonomy informed consent and refusal to treatment are basic patients rights. There are several related issues regarding the determination of patients capacity to share in decision-making (patients competence), the principle of risk-benefit equation to decide how much information to be given to patients (therapeutic privilege) and the concept of surrogate decision in cases of incompetent patients. Difficult dilemmas can arise when this is in conflict with other prima facie duties of the  doctors such as the situation when emergency interventions are required in cases of incompetent patients. (e) The difficult patients, noncompliance, hostile patients and abuse of patients rights. (f) Breach of duties leading to medical negligence or malpractice claims. 3. Death and related issues (a) The definition and diagnosis of death. (b) The persistent vegetative state – what is the meaning of human life: an organism or a person with body and mind? Is there a need for advancing the definition of life; from somatic death and brain stem death to neocortical death? 8 (c) End-of-life care – whether life support decision is  to prolong life or suffering? Difficult issues of medical futility, forgoing life-sustaining treatment, doctor-assisted suicide and euthanasia have immense ethical and legal implications. A fundamental question for doctors is whether letting to die is the same as euthanasia. 8 (d) Legal and ethical issues in organ transplantation. 9 (e) Death certification and disposal of dead bodies. 10, 11 (f) Coroner and medico-legal investigations of death. 12 4. Reproductive medicine and genetics (a) The management of infertility – the legal and ethical issues in artificial insemination and surrogate motherhood. (b) The control of fertility – sterilization and other forms of contraception. (c) The right of foetus – the legal13 and ethical issues in abortion and the question of maternal-foetal conflict. (d) Prenatal screening and wrongful life, genetic counseling and eugenics. (e) Genetic therapy – whether it is to treat the abnormal or to improve the normal. (f) Cloning of human being – its legal and ethical considerations. 5. Biomedical human research and experimentation (a) The legal14 and ethical15 regulations. (b) Ethics committee consultations. (c) The discrepancy between developed and developing countries. 6.  Special issues in psychiatry (a) Legal16 and ethical justification for detention and treatment without consent. (b) Informed consent in patients suffering from mental illness – the question of competence by the state of mind. (c) Conflicts of interests between the patients, families and the society. (d) Mental disorders and crime – mental disorders and liabilities of an individual and issues of compulsory treatment for offenders (especially in cases of sex offenders); the role of psychiatrist as an expert witness. 7. Special issues in paediatrics (a) Consent in minor. (b) Conflicts of interest between parental rights, the  rights of the child and the duty of the paediatrician. (c) Legal and ethical issues in cases of child abuse. 17 (d) The paediatricians role in child protection. 8. Healthcare delivery and resource allocation18 (a) Dilemmas in deciding a fair distribution of scarce medical resources and the rights of individual patient to healthcare services. (b) Healthcare cost crisis: its political, social and economic implications. 19 (c) The criteria for rationing healthcare resources and MEDICAL SECTIONVol. 8 No. 6 7 the sustainability of the healthcare services – does rationing simply means cutting or trimming  healthcare budget? What is a fair healthcare policy? What is the direction of healthcare reform? (d) Ethical considerations in the business aspects of healthcare – economic constraints, models of remuneration, professional freedom. The issues related to Health Maintenance Organizations and other managed care providers. (e) Responsibility of individuals for their own health. (f) Global distributions of healthcare resources: a gross unevenness. 9. Quality assurance (a) Continuity of care for patients. (b) Communications between doctors and patients, doctors and doctors. The duty to consult when  necessary. (c) Peer review and clinical audits, continuous medical education. (d) Truth-telling, disclosure of medical errors and incompetent colleagues. 20, 21 (e) Healthcare complaints – what is a fair and user- friendly mechanism to receive and resolve complaints. 10. Use of medical matters as evidence in courts (a) The medical witness – a doctor may be called to attend courts to give professional or expert evidence, or both. The objective of medical evidence is to assist the court in determining the truth and hence enabling justice to be done. A medical witness must have impartiality, reliability,  clarity and relevancy. His duty is to give evidence on a scientific objective manner commensurating with his role as a doctor as well as his expertise. (b) The issue of hired gun. (c) Conflict between a doctors duties to his patient and his role as a medical witness. Conclusion In recent years, teaching of law and ethics in medical practice has emerged as a core curriculum in both undergraduate and postgraduate medical education in many developed countries such as the US, Canada, UK, Australia and New Zealand. 22, 23 Research and discussion papers on clinical ethics and reports on medico-legal  cases now constitute a significant contribution to the expansion of medical literature, which have enriched our knowledge in the areas with widening scopes. 2 This is perhaps a major area that the medical education and training in Hong Kong need to catch up. Doctors are now expected to have knowledge and understanding of the principles of medical ethics and the legal responsibilities of the medical profession. They should also have the ability to recognize complex legal and ethical issues arising from clinical practice and sound decision-making skills to resolve them. 24 Often there is  no single or universal answer to such issues. The views within the medical profession as well as the public change constantly with time and vary from one country to another. It is therefore prudent for doctors to keep themselves informed about the current views, and when in doubt, be ready to consult their peers, lawyers and ethicists. References 1. Fletcher JC, Hite CA, Lombardo PA, Marshall MF, eds. Introduction to Clinical Ethics. Frederick Maryland: University Publishing Group, 1995. 2. Siegler M, Pellegrino ED, Singer PA. Clinical ethics revisited. BMC Medical Ethics 2001; (available from: biomedcentral. com/1742-6939/2/1). 3. Camps FE ed. Gradwohls Legal Medicine, Chapter 1. Bristol: John Wright Sons Ltd. , 3rd edition, 1976. 4. The Medical Council of Hong Kong Homepage: mchk. org. hk. 5. Beauchamp TL, Childress JF. Principles of Biomedical Ethics. New York: Oxford University Press, 4th edition, 1994 6. Lightstone S. Class-action lawsuits medicines newest legal headache. JAMC 2001;165(5):622. 7. Medical Council of Hong Kong. Professional Code and Conduct: For the Guidance of Registered Medical Practitioners. Hong Kong: HKMC, revised 2000. 8. Arras JD, Steinbock B, eds. Ethical Issues in Modern  Medicine, Part II: Defining Death, Forgoing Life-Sustaining Treatment, and Euthanasia. Mountain View, California: Mayfield Publishing Co. , 4th edition, 1995. 9. Cap 465 Human Organ Transplant Ordinance, Law of Hong Kong. 10. Cap 174 Births and Deaths Registration Ordinance, Law of Hong Kong. 11. Cap 132 Public Health and Municipal Services Ordinance, Law of Hong Kong. 12. Cap 504 Coroners Ordinance, Law of Hong Kong. 13. Cap 212 Offence Against Persons Ordinance, Law of Hong Kong. 14. Cap 278 Medical (Therapy, Education and Research) Ordinance, Law of Hong Kong. 15. Council for International Organizations of Medical Sciences. International Ethical Guidelines for Biomedical Research Involving Human Subjects. CIOMS, revised 2002. 16. Cap 136 Mental Health Ordinance, Law of Hong Kong. 17. Social Welfare Department, Government of HKSAR. Procedures for Handling Child Abuse Cases. Hong Kong: SWD, revised 1998. 18. McKneally MF, Dickens BM, Meslin EM, Singer PA. Bioethics for clinicians: 13. Resource allocation. CMAJ 1997;157: 163-7. 19. Health and Welfare Bureau, Government of HKSAR. Lifelong Investment in Health: Consultation Document on Health Care Reform. Hong Kong: 2001. 20. Hebert PC, Levin AV, Robertson G. Bioethics for clinicians: 23. Disclosure of medical error. CMAJ 2001;164(4):509-13. 21. Burrows J. Telling tales and saving lives: Whistleblowing The role of professional colleagues in protecting patients from dangerous doctors. Medical Law Review 2001;9: 110-29. 22. Position Statement: An ethics core curriculum for Australasian medical schools. Med J Aus 2001;175: 205-10. 23. Doyal L, Gillon R. Medical ethics and law as a core subject in medical education. BMJ 1998;316:1623-4. 24. Australian Medical Council. Goals and objectives of basic medical education. Guidelines for assessment and accreditation of medical schools. Canberra: AMC, 2000.

Wednesday, February 26, 2020

No topic need Essay Example | Topics and Well Written Essays - 500 words

No topic need - Essay Example ion, it also tries to produce or develop products as per the preferences of the customers so as to enhance their reliability and loyalty within their minds. Only then, the rate of switch over costs of the customers might get reduced thereby enhancing the demand of the product lines of Ford motors. Other than this, in order to retain the customers for longer period of time, the organization of Ford Motors desire to offer high attention over quality, performance and technical specifications. Keeping this concept of product in mind, the organization of Ford Motors developed Honda Civic GX, which is extremely trendy in design and excellent in all season roads. The development of Honda Civic GX helped the organization of Ford Motors to fascinate a wide range of customers thereby amplifying its market share by almost 35 percent among others. However, in order to enhance its selling target, the organization tried to promote the specifications of this car such as ultra-high performance, high comfort etc in order to attract the interested customers. This is done in order to increase the demand of the product thereby amplifying the profit margin and brand image of the organization among others. Moreover, as per marketing concept, the organization of Ford Motors develops the product lin es, keeping in mind the requirements and needs of the customers so as to retain its loyalty and reliability. Furthermore, in order to retain the well-being of the society, the organization of Ford Motors developed Honda Civic GX, and promoted it by the name, green car. This clearly shows that, the organization tries to protect the environment from varied types of green houses gases emitted from the non-renewable fuels. b) In order to protect the market share and profitability, the organization of Ford Motors tried to offer higher concentration over the prices of its products. This is because, maximum extent of its target customers desire to attain, high-ended products but at a competitive