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Rogers v whitaker | Analysis

Brief Statement Of The Facts The patient, Ms Whitaker, decided to have elective surgery on her right eye, which was vision-impaired from an accident which had occurred in her youth.1 Despite the almost total blindness resulting in the right eye, she had led a “substantially normal life”, working, marrying and raising children. However on having a check-up, surgery was recommended on the basis that she could benefit, even cosmetically.2 Subsequent to surgery complications developed in the right eye, spreading to the left eye and resulting in almost total blindness. This is known as “sympathetic ophthalmia”, and is a recognized risk of eye surgery.3 At no stage was Ms Whitaker warned of the probability of this occurring. Ms Whitaker sued in negligence on several grounds, including failure of Dr Rogers to warn her of the risk of sympathetic ophthalmia, performing an ill-advised operation, failure to follow up missed appointments, failure to enucleate the right eye following development of symptoms of sympathetic ophthalmia in the left eye.4 … Ms Whitaker had expressed a keen interest in avoiding harm to her good eye, and Dr Rogers was aware of this; … she repeatedly asked about the risks; … Dr Rogers was aware at the time of the risk, although it was remote; the failure to warn of the risk was not contemplated for therapeutic reasons; and … had Ms Whitaker been advised of the risk, she would not have had the surgery. Issues The defence relied on the principle enunciated in Bolam v Friern Hospital Management Committee.6 That case ruled that the decision of what to tell a person is one which the doctor can make based on medical judgment. That would make a doctor not negligent if he or she acts in accordance with a practice of disclosure on non-disclosure accepted at the time as proper practice by a responsible body of medical opinion, even if some doctors adopt a different practice.7 The defence tendered evidence from a group of specialists who supported Dr Roger’s actions. The defence further relied on the fact that the risk of sympathetic ophthalmia was considered to be 1 in 14,000, and therefore too remote to mention to the patient.8 The judge in the trial rejected all but the first ground of complaint, and ruled that the failure to warn of the risk of sympathetic ophthalmia amounted to negligence. D. A. Wheelahan Q.C., for the respondent said that the standard of care required of medical practitioners is to be determined in accordance with the test that applies to all other tortfeasors.10 Bolam v Friern Hospital Management Committee does not establish that simply because there is a body of reasonable medical opinion, that a practitioner who follows that opinion cannot be guilty of negligence.11 The patient in Bolam v Friern Hospital Management Committee did not ask any questions. The desire of the patient to know about the operation and its risks requires the provision of information that might not otherwise be required.12 The surgery was elective. There was no medical urgency. Therapeutic privilege did not justify withholding information. In those circumstances the respondent should have been warned of the risk to her good eye. It is the patient’s decision whether to have an operation. The practitioner cannot know what matters might be relevant to the patient’s decision. Whatever the position in England, the law in Australia requires a practitioner to disclose any real risk of misfortune inherent in an operation and also any real risk that an operation may prove ineffective. The appeal first went to the New South Wales Court of Appeal where it was dismissed, and then to the High Court of Australia. The High Court said that the principle in Bolam14 is no longer applicable in determining whether a medical practitioner has given adequate information about a medical procedure to a patient. Instead the Court followed the judgment in F v R15 where it was assured that even though the court will judge proof by medical specialists of what is believed appropriate medical practice, it is eventually the area of the court to decide what the suitable criterion of care is, and that the principal deliberation is to be that a person is allowed to make his or her own assessments about his or her life.16 The court further declared that the more radical the planned process, for instance major surgery, the more essential it is to keep the patient up to date about the risks. The High Court drew a distinction between diagnosis and treatment on the one hand, and provision of information, on the other. The former was held to be determined by the medical practitioner, whereas the provision of adequate information is a right of the patient.17 Medical information is a right. This right is not based on medical judgment, but on legal principles, and it is for the court to decide whether a person’s right to be adequately informed about a procedure, has been breached or not. This may be based on consideration of medical practitioners, as what is considered appropriate practice, but in the final analysis it will be a matter for the court to determine, given the paramount consideration that people are entitled to make their own decisions about their own lives. Judicial Reasoning Negligence – Breach of duty – Medical practitioner – Duty to warn of possibility of adverse effect of proposed treatment – Extent of duty. Mason C.J., Brennan, Dawson, Toohey and McHugh JJ on Breach of Duty and Causation stated that the evidence established that there was a body of opinion in the medical profession at the time which considered that an inquiry should only have elicited a reply dealing with sympathetic ophthalmia if specifically directed to the possibility of the left eye being affected by the operation on the right eye. While their opinion that the respondent should have been told of the dangers of sympathetic ophthalmia only if she had been sufficiently learned to ask the precise question seems curious, it was unnecessary for them to examine it further, save to say that it demonstrates vividly the dangers of applying the Bolam principle in the area of advice and information. The respondent may not have asked the right question, yet she made clear her great concern that no injury should befall her one good eye. The trial judge was not satisfied that, if the respondent had expressed no desire for information, proper practice required that the respondent be warned of the relevant risk. But it could be argued, within the terms of the relevant principle, that the risk was material, in the sense that a reasonable person in the patient’s position would be likely to attach significance to the risk, and thus required a warning. It would be reasonable for a person with one good eye to be concerned about the possibility of injury to it from a procedure which was elective. However, the respondent did not challenge on appeal that particular finding. For these reasons, the judges rejected the appellant’s argument on the issue of breach of duty. On Causation, although the appellant’s notice of appeal challenges the confirmation by the Court of Appeal of the trial judge’s finding that the respondent would not have undergone the surgery had she been advised of the risk of sympathetic ophthalmia, counsel for the appellant made no submissions in support of it. There was, therefore, no occasion to deal with this ground of appeal. For the foregoing reasons, the Judges dismissed the appeal. Gaudron J. stated that the facts and the issues were set out in the joint judgment of Mason C.J., Brennan, Dawson, Toohey and McHugh JJ. Save for the following comments, he agreed with the reasons set out in that judgment and he agreed with their Honours’ conclusion that the appeal should be dismissed. There was no difficulty in analyzing the duty of care of medical practitioners on the basis of a “single comprehensive duty” covering diagnosis, treatment and the provision of information and advice, provided that it is stated in terms of sufficient generality. Thus, the general duty may be stated as a duty to exercise reasonable professional skill and judgment. But the difficulty with that approach is that a statement of that kind says practically nothing – certainly, nothing worthwhile – as to the content of the duty. And it fails to take account of the considerable conceptual and practical differences between diagnosis and treatment, on the one hand, and the provision of information and advice, on the other. The duty involved in diagnosis and treatment is to exercise the ordinary skill of a doctor practising in the area concerned. To ascertain the precise content of this duty in any particular case it is necessary to determine, amongst other issues, what, in the circumstances, constitutes reasonable care and what constitutes ordinary skill in the relevant area of medical practice. These are issues which necessarily direct attention to the practice or practices of medical practitioners. And, of course, the current state of medical knowledge will often be relevant in determining the nature of the risk which is said to attract the precise duty in question, including the foresee-ability of that risk. Diagnosis and treatment are but particular duties which arise in the doctor-patient relationship. That relationship also gives rise to a duty to provide information and advice. That duty takes its precise content, in terms of the nature and detail of the information to be provided, from the needs, concerns and circumstances of the patient. In other cases, where, for example, no specific inquiry is made, the duty is to provide the information that would reasonably be required by a person in the position of the patient. Leaving aside cases involving a medical emergency or a situation where the circumstances of the individual require special consideration, there is no basis for treating the doctor’s duty to warn of risks (whether involved in the treatment or procedures proposed or otherwise attending the patient’s condition or circumstances) as different in nature or degree from any other duty to warn of real and foreseeable risks. The Judge saw no basis for any exception or “therapeutic privilege” which is not based in medical emergency or in considerations of the patient’s ability to receive, understand or properly evaluate the significance of the information that would ordinarily be required with respect to his or her condition or the treatment proposed. The appeal should be dismissed. Result
Purdue Global University Applying PMBOK Concepts to Process Change Research Paper.

You will be submitting this Assignment as an individual document. Remember, you should not attempt to address the questions asked without first completing the required Reading (you may find you need to do additional research using the Library or the Internet).Your assignment is to apply PMBOK concepts to enable a business process change to occur based on your chosen scenario from the topics below.Choose one of the following topics:-A retirement home wants to acquire self-drive vehicles to enable their elderly residents to shop around the corner from the retirement home.-A Hospice Care facility wants to introduce robots to converse with patients and relay and complete simple patient requests.-A building manufacturer wants to institute virtual reality tours of building sites in 3D for clients to save on gas and time.-You can identify a business process change at your current or former employer. You will be responsible for maintaining information confidential.Checklist:Select one specific activity to be performed within the process change and explain the process (Ex: For a rebranding of a toothpaste you might specify the decision making process used to determine how to repackage the product.)Explain where that selected activity would be performed within the organization and who would perform the task and manage it, measure it, and evaluate task completion. Make sure you separate out the information requested. Do not place the information in a large block paragraph.Delineate and describe the differences between measuring human performance and task completion.Describe how Six Sigma would be used to evaluate, measure, and encourage continuous improvement concerning the scenario topic you chose.Provide an original fishbone diagram that addresses one risk, a potential defect, or a problem that may result from the change which may impact goal attainment.Explain the value of your fishbone diagram as a visual representation. Your response to these questions should be in an essay format with correct spelling and grammar and 3–5 pages in length not including a title page and references page. Your Word document should follow APA format and citation style. See “APA Style Central” in the Academic Tools area of the course for additional help with APA.
Purdue Global University Applying PMBOK Concepts to Process Change Research Paper

the applied side of Organizational Behavior, business and finance homework help.

The final theme of this course (One Minute Re-Direct) emphasizes more of the applied side of Organizational Behavior. Specifically, when setting goals (Module 1) it is important to understand the operational, strategic, and structural factors that define what jobs are and what is necessary to successfully complete the associated tasks and duties.Then, following up with these goals by understanding how people think, feel, and respond to internal and external influence in the process of managing positive job behaviors (Module 2) is necessary for making sure those positive behaviors develop and continue.Finally, when it is necessary to correct behaviors that undermine those goals and may be considered negative (both in being successful in performing the job and/ or creating a positive work environment), we must understand how to do so in a way that is both effective and appropriate (Module 3). Specifically, job performance is a function of both our willingness and ability to perform the tasks and engage in the behaviors that the organization considers desirable. As such, understanding how constraints on our performance may be imposed internally and externally will help us to better understand how stress, politics, group influence, and communication effectiveness play a role.As such, for this final assignment, please complete the following:1. Using the job analysis data from assignments 1 & 2, please identify what you believe could be major types and sources of job-related eustress and distress. These sources can be at the individual, group, or something at the organizational level (such as operational co strained or even politics).2. For this job, give 2 examples of stress related performance issues that you feel might be likely to occur as part of this job. Then, for each, describe in detail 1) what specific behaviors would need to be the focus of a corrective plan and 2) what approach would you take to communicate the ‘re-direction’ of such behavior modifications given what you identified in Q1? Specifically, describe what communication approach to you feel is or would be most effective in re-directing this behavior to one that is more positive (both operationally and/ or socially.
the applied side of Organizational Behavior, business and finance homework help

Differences between Women in Athens and Women in Sparta Questions

Differences between Women in Athens and Women in Sparta Questions.

I’m working on a history writing question and need a sample draft to help me learn.

Create a list or diagram that compares and contrasts the lives of women in Athens to the lives of women in Sparta.  You must list at least FIVE ways in which each is unique and THREE similarities.
Then, answer the following questions:

What qualities/traits did the Athenians value?
What qualities/traits did the Spartans value?
What was the most unusual or surprising Spartan practice?
If you were a woman in ancient Greece, which city would you prefer to live in? Which social class would you prefer? Why?

Differences between Women in Athens and Women in Sparta Questions

PSYC 436 Maryland University Psychologists Clinical Interviews Discussion

professional essay writers PSYC 436 Maryland University Psychologists Clinical Interviews Discussion.

The clinical interview is an important aspect of the psychdiagnostic process and often sets the context in which the clinician formulates the case conceptualization. It guides the type of procedures to be used in the overall evaluation such as what psychological tests may be used to empirically validate empirically validate the psychologist’s clinical impressions. Based on your review of your readings, discuss the value of a thorough clinical interview in the psychological diagnostic process. How does your understanding of the clinical interview impact your initial impressions of the case of Mary? Would you change, add or omit any aspect of your approach with Mary based on your initial impressions? Additionally, what challenges do you think you might encounter in interviewing and evaluating someone like Mary? For example, would she be someone that might be challenging to interview? How might you work around this as a clinician to establish rapport and build a collaborative relationship? Share your thoughts. Feel free to include any other material or research that you collected outside of our readings.
PSYC 436 Maryland University Psychologists Clinical Interviews Discussion

​An honest coin is tossed three times

​An honest coin is tossed three times.

1. An honest coin is tossed three times in a row. Find the probability of each of the following events. (Hint: Write out the sample space of tossing a coin three times first!)
A. The tosses result in exactly two heads.  
B. The tosses result in more than two heads.
C. All three tosses come up the same.
D. The first two tosses come up tails.

​An honest coin is tossed three times

“Hóng Gāoliáng” and “Indochine” Movies Comparison Essay

Introduction The following paper is an analysis of two movies; Hóng Gāoliáng (Red Sorghum), which is directed by Zhang Yimou, and Indochine, which has been directed by Regis Wargnier. The movie reviews in this paper revolve around the main objectives, targeted audience, and the influence of the movie on the targeted audience and other generations. A concluding remark providing an overview of the review forms the last section of this paper. Hóng Gāoliáng (Red Sorghum), Dir. Zhang Yimou, 1987, 91 min., China Hóng Gāoliáng, also known as the “Red Sorghum” is a movie directed by Zhang Yimou. Since its production in 1987, Hóng Gāoliáng has changed the lives of many people. Neo hails praises at Zhang Yimou for directing such a creative and outstanding film, which has so far attracted a vast of interests from different stakeholders despite being the first work done by him (Zhang). In addition, Neo (2) vividly describes how the movie Hóng Gāoliáng has won numerous prestigious awards within the global arena owing to its state-of-the-art quality. Evidently, Neo (3) is right that the movie Hóng Gāoliáng has been developed on the basis of China’s roots. Zhang directed Hóng Gāoliáng around Chinese cultural perspectives in a bid to explain who and how did the ancestral Chinese come to exist. Zhang was so much interested in finding out the origin of Chinese and its wonderful, beautiful, and unique culture. Neo (3) provides an understanding of the metaphor that has been used by Zhang within this film. The metaphor is about sorghum and how it came to grow within the Northeast of China. The growth of sorghum within Northeast China is metaphorically used to symbolize the existence of the Chinese. The producer and director of this movie aimed at attempting to create an understanding of the existence of Chinese culture and its people. Interestingly, the narrator within the film asserts that no one knows or understands how the sorghum grew within the region (Ling 122). This means that no one knows or understands how the ancestral Chinese came to be hence the Chinese culture. In addition to attempting to describe in-depth the existence of the Chinese ancestors came to be, the film is also directed towards explaining the Chinese culture. It is indisputable that Chinese culture is an amazing one that attracted Zhang into creating a film aimed at explaining the same. Based on the film, Neo claims that various philosophers continue to develop interests especially with respect to the notion of the carnival through the characters of the participants. Mikhail for instance aims at establishing the link between the notions of the carnival and the biological needs of the Chinese people (Ling 125). In this perspective, therefore, there is no doubt that Zhang aimed at throwing light on the Chinese culture besides providing entertainment. The main targeted audiences are stakeholders and other interested parties (such as the Chinese who wish to understand their origins and all other historians who would wish to create a sense out of every cultural background) within the sector of cultural anthropology. Cultural anthropology is a branch of anthropology that aims at explaining how various aspects of cultures came to be within particular environs. In this movie, Zhang was not only providing entertainment to various audiences but also wished to explore and explain some of the concepts that many Chinese have been and continue to ask themselves even in the contemporary world. Indeed, through this movie, several stakeholders within Chinese culture and those who aim at understanding various aspects of Chinese culture would obtain some of the answers to their questions, which include amongst others, ‘who and how the Chinese ancestors came to be.’ Get your 100% original paper on any topic done in as little as 3 hours Learn More Indochine, Dir. Régis Wargnier, 1992, 148 min., Vietnam Directed by Régis Wargnier, Indochine is a movie that features the ending of French colonialism within Indochina and how the collapse of such colonial rule affected the citizens of Indochina. Specifically, Indochine is a movie that focuses on the life of an unmarried French woman during such a time. The French woman, Eliane, is unmarried. She works in the rubber fields. In addition, she takes the obligation of raising a Vietnamese princess. Unfortunately, the two ladies end up falling in love with a young French army officer. The incident changes the lives of both ladies. Every woman in society who takes up the step forward and responsibility of being independent should be applauded as David (62) explains. According to Ravi, the film Indochine is a good way of creating an understanding between women, families, and the building of empires. Ravi (76) confirms that the film Indochine as directed by Régis Wargnier revolves around how a French woman can have a glorified vision. Such visions need to be nurtured into reality thereby making a woman in the society energetic enough to meet all her needs without relying on men. The French woman portrayed in this movie by Régis Wargnier is unmarried yet she works very hard and even takes the responsibility of raising a princess on her own without assistance from any man. Even though Ravi (77) argues that Eliane is not a true representation of women within a colonial government, such women are there and should be appreciated for every little effort they put in order to be independent. In his part, David (75) argues that the movie raises concerns about the configuration of gender at separate levels. David (64-65) vividly explains that during the classical period women were seen as the weaker sex that could not stand on their own. However, Régis Wargnier has attempted to explain that women had their capabilities and potentials in being independent and making society a better place to live in especially with respect to care and responsibility. Régis Wargnier claims that women need to stand up on their own without being dependent on men just like Eliane did even within the midst of a colonial government. The film targets women and those who fight for the place and rights of women. In this regard, the movie aims at assisting interested parties as well as women to understand the need to be involved in various activities that will make them (women) independent of men. Indeed, this movie is very relevant to the contemporary environment where there has been an increase in the quest for gender equality. Such quests should borrow concepts from the movie by Régis Wargnier to ensure that women are responsible enough to engage in activities that will make them independent. Conclusion From the two movies, it is clear that global cultures are significantly changing. Despite the fact that many societies cannot explain their origin, it is worth noting that most cultures continue to change and adapt to the contemporary environment, which is highly characterized by enhanced technology such as high-quality pictures and other characteristics or qualities of the pictures. Indeed, the above movies provide a deeper understanding of the influence of literature on human beings. Works Cited David, Joel. “Indochine and the politics of gender.” AJWS, 12. 4 (2006); 61-93. Print. We will write a custom Essay on “Hóng Gāoliáng” and “Indochine” Movies Comparison specifically for you! Get your first paper with 15% OFF Learn More Ling, Zhu. “A Brave New World? On the Construction of ‘Masculinity’ and ‘Femininity’ in The Red Sorghum Family,” in Tonglin Lu, ed., Gender and Sexuality in Twentieth-Century Chinese Literature and Society. Albany, NY: SUNY Press, 1993. Print. Neo, David “Red sorghum: A search for roots.” Sense of cinema, Web. Ravi, Srilata. Women, family and Empire-building: Régis Wargnier’s Indochine. SFC 2.2 (2002); 74-82. Print.

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