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How much information is sufficient for informed consent to be effective and legal?
Informed consent is considered an ethical obligation on the part of physicians and is also a legal requirement in all 50 states. Informed consent means that the physician has discussed the patient's diagnosis; the purpose, risks, and benefits of any treatment or procedure he or she is performing on the patient; alternative treatments and their risks and benefits and the risks and benefits of doing nothing (Informed consent, 2012, AMA). "In order for informed consent to be considered valid, the client must be competent and the consent should be given voluntarily" (Cherry 2012).
The doctrine of informed consent is founded upon the concept that a physician's belief that a procedure is necessary is not enough to warrant intrusion into the patient's body without the patient's consent: "when a sufficiently capacitated adult does not give sufficiently informed…
Cherry, Kendra. (2012). What is informed consent? About.com. Retrieved:
Eyal, Nir. (2011). Informed consent. The Stanford Encyclopedia of Philosophy.
Minor Consent to Medical Treatment
In order to understand the issue of minors and medical practice, it is necessary to understand the position of minors in general law, and why the minor has been accorded special status and is handicapped in so far as consent is concerned. The original dictum in this regard comes from the common laws of England, which were then adopted and modified in each of the dominions. Thus there are specific rulings regarding minors that stem, not from the medical practice but from other laws such as the contract laws. In all countries the minor is not a person entitled to enter into contracts on his own. Now what implications these can have for a medical necessity? Basically the medial personnel also enter into a contract with the patient where there is a quid pro-quo for the services rendered. Even free services have a contractual assumption.…
Dugas, Melvin John. (1998) "Comment: The Contractual Capacity Of Minors: A Survey Of
The Prior Law And The New Articles" Tulane Law Review, 62 Tul. L. Rev. 745.
Grodin, Michael A; Glantz, Leonard H. (1994) "Children As Research Subjects: Science,
Ethics, and Law: Science, Ethics, and Law Program in Medical Ethics Boston University Schools of Medicine and Public Health" Oxford University Press.
Child Sex Tourism
Consent in human trafficking
Bias in the application of police discretion
Failure to identify the victim in human trafficking
Push and Pull Factors
What theories explain trafficking in India
Measures to control
Investigations / Prosecutions
India is regarded as the one of the source, transit, and a destination country for the bonded labor and child sex trafficking. The ranking of the country has been Tier 2 W. since 2005 and stayed constant until the 2010. In the year 2011 and 2012 the ranking is Tier 2. The ranking system reflects the compliance ranking of the Trafficking Victim Protection Act (TVPA) standards in the country. The tier one reflects complete compliance with the standards. However the tier two is regarding the countries that are not complying completely with the TVPA but making significant progress in terms of their implementation. The tier 2 W. denoted…
Aronowitz, A.A. (2009). Human Trafficking, Human Misery [Electronic Resource]: The Global Trade in Human Beings. Greenwood Publishing Group.
Bales, K. (2006).Testing a Theory of modern slavery. Available on the net: www. freetheslaves. net.
Devine, A., Bowen, K., Dzuvichu, B., Rungsung, R., & Kermode, M. (2010). Pathways to sex-work in Nagaland, India: implications for HIV prevention and community mobilisation. AIDS care, 22(2), 228-237.
Hall, J.A. (2011). Sex offenders and child sex tourism: The case for passport revocation. Virginia Journal of Social Policy and the Law, 18(2).
failure to provide informed consent is usually analyzed under negligence principles. Some states view the standard as to what a reasonable patient would want to know, whereas others view the standard as to what a reasonable physician would provide. Which standard is preferable? Why?
The difference between the reasonable patient standard vs. The reasonable physician standard reflects the fact that a layperson's conception of risk is different than the perspective of a trained professional. "The easonable Patient Standard simply says the doctor has to disclose all information which would influence you, or any other reasonable person, in deciding whether or not to go ahead" (The reasonable patient standard in informed consent, n.d, JDMD).
The difference between a patient's perspective and a physician's perspective can perhaps best be illustrated in the following example. In 2009, "a government medical task force recommended major changes in breast cancer screening guidelines...suggesting that most women…
Breast cancer screening should begin at age 50, panel finds. (2012). PBS. Retrieved:
Fed & State law on advanced directives. (2012). Washington State. Retrieved:
The New York Civil Liberties Union reports that a minor who is "emotionally and intellectually mature enough to give informed consent" and who lives in the house of his parents or guardians (under their supervision) is a "mature minor" (Feierman). The NYCLU information documents assert that New York medical ethics would (and presumably does) treat a mature minor "upon her informed consent." However in Ohio and other states a minor may not consent to medical care without parental consent, except in certain situations. In Ohio there is the "emergency care doctrine," which states that if there is a severe condition the doctor (or nurse in a hospital) "…may not need anybody's consent to begin treatment" (ALCU of Ohio, 2014).
The informed consent must be received in writing prior to a minor being administered medications. According to the Tennessee Department of Mental Health and Substance Abuse Services, for children in…
American Civil Liberties Union of Ohio. "Your Health and the Law: A Guide for Teens."
Retrieved January 18, 2015, from http://acluohio.org . 2014.
Boland, Gary L. "Doctrines of Lack of Consent and Lack of Informed Consent in Medical
Procedures in Louisiana." Louisiana Law Review, 45.1. September 1984.
consent decrees' deal with the issue of police accountability.
Origin of Consent Decree
Consent decrees refer to settlements contained within court orders. Courts ordain the injunctive relief remedy against the accused and consent to maintain their jurisdiction over a case, for ensuring the party/parties follow the settlement.
Injunctive relief represents a court-imposed remedy wherein one of the parties in the case is directed to do something, or refrain from doing it. Disobeying the order might make the court pronounce the given party as being in contempt, leading to the imposition of other penalties.
Complainants in court cases normally prefer the option of consent decrees, as these agreements have the court's power backing them. Further, an accused, wary of publicity, will also usually prefer this sort of agreement, since it limits exposure of details that are injurious to him/her (Consent decree legal definition of consent decree). On the other hand, those…
Legal Definitions Legal Terms Dictionary. Pattern-or-Practice Case Law & Legal Definition. (n.d.). Retrieved May 5, 2016, from http://definitions.uslegal.com/p/pattern-or-practice-case%20/
Legal Dictionary. Consent decree legal definition of consent decree. (n.d.). Retrieved May 5, 2016, from http://legal-dictionary.thefreedictionary.com/Consent+Decree
U.S. Department of Justice. . (n.d.). In The United States District Court for The Western District of Pennsylvania United States of America, Plaintiff V. City of Pittsburgh, Pittsburgh Bureau of Police, And Department of Public Safety, Defendants CRT -- Department of Justice. Retrieved May 5, 2016, from http://www.justice.gov/crt/united-states-district-court-western-district-pennsylvania-united-states-america-plaintiff-v-0
U.S. Department of Justice. (2013). United States District Court Eastern District of Louisiana. Retrieved 2016, from http://www.justice.gov/sites/default/files/crt/legacy/2013/07/12/nopd_mtrorder_7-5-13.pdf
Meaning and importance of informed consent
Elements of full informed consent
A Case Example
Fictional scenario of a client/client issue 3
Meaning and importance of informed consent
The process where rights of a patient to information about a certain treatment procedure are clearly and completely disclosed to a patient by the treating health care provider so that the patient is able to make voluntary choices to either accept or to refuse treatment is termed as informed consent (Appelbaum, 2007). This term or the concept has its roots in the legal and the ethical rights of a patient that allows the patient to direct and choose what happens to his/her body during or after treatment as well as in the ethical duty that a physician has to involve the patient in the process health care by giving all relevant information to him/her. Thus, the moral and the legal premise of…
Appelbaum, P. (2007). Assessment of Patients' Competence to Consent to Treatment. New England Journal Of Medicine, 357(18), 1834-1840. http://dx.doi.org/10.1056/nejmcp074045
Duncan v. Scottsdale Med. Imaging, Ltd.. (2016). Lawandbioethics.com. Retrieved 26 May 2016, from http://www.lawandbioethics.com/demo/Main/LegalResources/C5/Duncan.htm
Morgenstern, L. (2010). Patient-Centered Care and Informed Consent. JAMA, 304(4), 409. http://dx.doi.org/10.1001/jama.2010.1029
Opinion 8.08 - Informed Consent. (2016). Ama-assn.org. Retrieved 26 May 2016, from http://www.ama-assn.org/ama/pub/physician-resources/medical-ethics/code-medical-ethics/opinion808.page ?
Following a number of high-profile abuses of patients in experiments during the early 20th century, the need for an informed consent process became apparent. To determine the current state of affairs with this process, this paper reviews the relevant literature to explain the key issues and concerns for obtaining informed consent from study subjects and how this process reflects the code of conduct set forth in Section 4.8 of the International Congress of Harmonization (ICH) "Guideline for Good Clinical Practice E6(1)." Finally, a summary of the research and important findings concerning these key issues and concerns are presented in the conclusion.
The straightforward definition provided by Black's Law Dictionary states that informed consent is "a person's agreement to allow something to happen that is based on a full disclosure of facts needed to make the decision intelligently" (1990, p. 779). In 1964, the initial guideline for conducting clinical…
Black's law dictionary. (1990). St. Paul, MN: West Publishing Co.
Bloswick, A. & Skowron, H. A. (2015, Spring). Informed consent documentation in pharmaceutical industry-sponsored clinical trials. Ethics & Medicine, 31(1), 51-55.
Guideline for good clinical practice E6(R1). (1996, June 10). International Congress of Harmonization (ICH) of Technical Requirements for Registration of Pharmaceuticals for Human Use. Retrieved from http://www.ich.org/fileadmin/Public_Web_Site / ICH_Products/Guidelines/Efficacy/E6/E6_R1_Guideline.pdf.
Jhanwar, V. & Bishnoi, R. (2010, January-June). Comprehensibility of translated informed consent documents used in clinical research in psychiatry. Indian Journal of Psychological Medicine, 32(11), 7.
Ethical codes and informed consent are part of the modern world of healthcare. Informed consent allows people to understand the risks they take when accepting a procedure. Ethical codes allow organizations like hospitals conduct their business while avoiding potential lawsuits or other risks. Thanks to the use of ethical codes and informed consent, the public is protected from scenarios and circumstances that could potentially jeopardize health and well-being, increasing the level of trust of patient and healthcare professional. This essay aims to show what ethical codes and informed consent is and how it benefits patients and professional organizations.
Literature review of "code of ethics"
Ethical codes have been welcomed as a clear strategy for realizing more viable and secure organizational practice. A 2015 article explains the need for ethical codes to help coordinate legal compliance with corporate governance in the interest of organizations. " ... when legal compliance and corporate…
Adelstein, J. & Clegg, S. (2015). Code of Ethics: A Stratified Vehicle for Compliance. J Bus Ethics, 1. http://dx.doi.org/10.1007/s10551-015-2581-9
Drazen, J., Solomon, C., & Greene, M. (2013). Informed Consent and SUPPORT. New England Journal of Medicine, 368(20), 1929-1931. http://dx.doi.org/10.1056/nejme1304996
The ethical dilemma that occurs here is related to the necessity of doing the right procedure, but with the reluctance of the patient to provide consent for it.
In the second case, communicating consent and information can be made difficult by language or cultural barriers. The ethical dilemma relates to whether or not the patient properly understands what he is up against and whether he is able to make an informed decision.
3. With traditional medicine, there is a problem of communication and understanding. The Western patients are not used to TCM, it is something new for them, so a lot of time needs to be spent in delivering the appropriate information in terms of principles and practice before anything can actually be done. If this was applied in China, many of the steps could be skipped, because many of the principles are related to Chinese spiritual practice.
Although the San Francisco police do not carry stun guns they do carry Tasers, and Tasers work on the same mechanism as those of stun guns shooting darts that deliver electric shots to stun suspects. It is said that 334 individuals died from these electric shots during the years 20001 to 2008. If that is so, the AHP can publish the results on its page pointing out that the effects of so-called not-so-lethal stun guns are actually quite lethal indeed.
The Belmont eport
The basic ethical principles to be considered in all human research studies involves:
1. espect for persons -- This involves two categories: (a) that all people regardless of ethnic, gender, mental, physical and any sort of distinction should be treated with dignity and respect, and accorded their autonomous right to do as they wish. (b) That individuals who are more vulnerable should be accorded special…
The Belmont Report HHS.gov http://www.hhs.gov/ohrp/humansubjects/ guidance/belmont.html
Rutgers Protection of human research subjects http://orsp.rutgers.edu/index.php?q=content/announcement-human-subjects-international-researcher-guidance-and-procedures
The Truth About Psychiatric Drugs (Thursday, 11 August 2011). AHRP.
They have no formal oversight authority. Practices regarding informed consent are inconsistent. This poses a major concern for patient safety while using CAM.
Complimentary and alternative medicine (CAM) has been criticized for a lack of standards in the delivery of services. Holexa and Caspi (2005) found that this lack of standards extends into the practice of informed consent. Patients often do not have access to proper information during the decision-making process. This increases the potential for healthcare oversights and mistakes.
When one examines informed consent issues, it is found that they are similar to the issues addressed in conventional therapies. The Ayurveda Healing Arts Institute (2008) has developed a set of informed consent and ethics that it requires member practitioners to follow. An examination of this article reveals that standards require full disclosure of evidence-based research regarding the procedure. It requires confidentiality of the procedure, professional courtesy, peer review…
Ayurveda Healing Arts Institute. 2008. Ayurvedic Herbalists Code of Ethics. [online] Available at http://www.ayurveda-california.com/ayurvedic_distance_education_berkeley/Buddhist_five_precepts/American_Herbalist_Guild_ethics.htm [Accessed March 26, 2008]. Primary source. Found by Google search.
Caspi, O. & Holexa, J. 2005. Lack of standards in informed consent in complementary and alternative medicine. Complementary Therapies in Medicine, 13 (2), 123-130. [online] Available at http://archinte.ama-assn.org/cgi/content/extract/161/19/2288 [Accessed March 26, 2008]. Primary Source. Science Direct Database online.
Drieman, B. 2006. Informed Consent. Journal of the American Dental Association, 137 (3),288. [online] Available at http://jada.ada.org/cgi/content/full/137/3/288-a?maxtoshow=&HITS=10&hits=10&RESULTFORMAT=&searchid=1&FIRSTINDEX=0&minscore=5000&resourcetype=HWCIT.Secondary source. Found by searching "find similar articles in Jacobson article. [Accessed March 26, 2008].
Ernst, E. 2004. Balanced judgments on complementary/alternative medicine. Is informed consent necessary? Rheumatology 2004; 43 (5), 666. [online] Available at http://rheumatology.oxfordjournals.org/cgi/content/full/43/5/666 [Accessed March 26, 2008]. Primary Source: found through Google search.
consent? When you consider this, consider the two senses referenced in the lecture notes (slide 49). Were both senses of informed consent met?
In the case of the Havasupai, informed consent was given, and approval received, but only to study the blood samples of tribe members for diabetes. All the IB and the individual researchers had to do was to rephrase the informed consent agreement to read something like, "Your blood sample and DNA material may be used for scientific research in a range of fields." As Harmon (2010) points out, "Studies have estimated that most individuals -- perhaps more than 90% -- are willing to allow their data to be used for a range of biomedical research. It is when they are not asked that problems arise," (Harmon). Based on the standard definitions of informed consent, as outlined in slide 49, informed consent was not properly achieved in the…
Harmon, A. (2010b). Indian tribe wins fight to limit research of its DNA. The New York Times. April 21, 2010. Retrieved online: http://www.nytimes.com/2010/04/22/us/22dna.html?pagewanted=all
Harmon, A. (2010). Where'd you go with my DNA? The New York Times. April 24, 2010. Retrieved online: http://www.nytimes.com/2010/04/25/weekinreview/25harmon.html?_r=1&pagewanted=all
Requirements for licensure for psychologists under the American Psychologist Association (APA) set certain educational and ethical standards that govern the profession. Now clinical psychology is, much like medicine and law, a discipline accorded respect in society, and an individual who seeks counseling can feel confident being open and trusting of a licensed therapist. A therapist cannot claim to be a professionally licensed therapist under the law, unless he or she possesses specific qualifications. Licensing is vital to maintaining trust in the profession, as ethical questions grow more contentious regarding psychotherapy, such as the question therapists that do research funded by drug companies on psychoactive drugs, or who testify to the competency of a defendant or witness to stand trial or make decisions about his or her health. Licensing and standardization of qualifications increases confidence that the individual is giving acceptable advice based in evidence and professional ethics.
Certain aspects of…
Competency. (2009). Ascension Health. Retrieved March 2, 2009 at http://www.ascensionhealth.org/ethics/public/issues/competency.asp
Lloyd, Raymond. (2009). A Guide to Psychology and its Practice.
Retrieved March 2, 2009 at www.GuideToPsychology.com
Rosenfeld, Barry. (2002). The psychology of competence and informed consent: Understanding decision-making with regard to clinical research. Fordham Urban Law Journal. 30.
Question #5: Yes. Small samples are totally justifiable however, the statistical tool selected to analyze the data must be able to accommodate small sample size. The statistical techniques employed for small sample size is what applied statisticians call "robust statistics" or certain parametric types such as the t Test. Although the parametric tool is more robust that the non-parametric counterpart, parametric statistical tools with real small samples may produce misleading information because there is no way to determine if the data came from the Guassian population. That is to say, increasing the number of participants from 15 and 14 respectively to at least 30 and 30 might possibly produce result changes. However, there is no real way of knowing unless the study were replicated with a larger group. The advice to any research investigator is to have a sample size of each group of 25 to 30 at least. When…
This was unknown to a researcher who wanted to test a new rehabilitation drug specifically on long-term alcoholics. As a reward for her participation, he offered Maggie some time away from the center. Maggie of course jumped at the chance without further considering the risk factors to either her physical or emotional health. The counselor working with Maggie should have joined the informed consent process, and would have been able to help her make a better decision.
Recommendation 5.4 states that mechanisms should be in place to protect the privacy and confidentiality of patient records. Confidentiality is of utmost concern, especially for vulnerable patients.
In the rehabilitation profession, the history of drug and alcohol use is of utmost sensitivity and privacy to both in- and outpatients. Those visiting the facility trust its professionals with their deepest secrets, some of which they are utterly ashamed of. It is therefore highly important…
consent embodies the idea that as a matter of ethics and law patients are entitled to be exposed to all of the relevant information that would influence and guide their decision making concerning what treatment that they should follow. However, should clinicians provide medical information to terminally ill patients when they suspect that such information could potentially be used to facilitate their suicide? The issues surrounding full disclosure, beneficence, and therapeutic privilege as they relate to patients and their families are discussed and recommendations regarding how such cases should be conceptualized are discussed.
Should clinicians provide medical information to terminally ill patients when they know or suspect that such information will be used to facilitate their suicide? This dilemma affects patients, their families, physicians, other medical professionals. The notion of "informed consent" as a guiding principle in medicine is at the center of modern professional medical ethics. Informed consent embodies…
Monagle, J.F. (1998). Health care ethics: Critical issues for the 21st century. Gaithersburg, MD: Aspen Publications.
Paterick, T.J., Carson, G.V., Allen, M.C., & Paterick, T.E. (2008). Medical informed consent: General considerations for physicians. Mayo Clinic Proceedings, 83(3), 313-319.
Russell, B.J. & Ward, A.M. (2011). Deciding what information is necessary: Do patients with advanced cancer want to know all the details? Cancer Management and Research, 23, 191-199
Shatz, D. (1986). Autonomy, beneficence and informed consent: Rethinking the connections. I. Cancer Investigation, 4, 257-269.
Directly benefit subjects.
2. Advance the development of a medical product necessary to the military.
3. Be carried out under all laws and regulations (i.e., Emergency Research Consent Waiver) including those pertinent to the FDA (McManus, et al. 2005)
The necessity of meeting the conditions of 'informed consent' is crucial since grave ethical ramifications can ensure if this condition were violated. Possibilities of this occurring are anticipated and prevented by an ethics committee or Institutional Review Board.
For informed consent to be legitimate, three are needed: disclosure, capacity and voluntariness (Faden & Beauchamp, 1986).
1. disclosure, - the first is that the researchers disclose all necessary information in a comprehensible and comprehensive way without any undue pressure not from researcher or from anyone else
2. Capacity - The potential participant has the capacity to both understand the given information and follow through making a reasoned decision. His cognitive abilities are…
Faden, R.R., & Beauchamp, T.L. (1986). A History and Theory of Informed Consent. New York: Oxford University Press.
McManus, J.; S.G. Mehta, et al. (2005). Informed consent and ethical issues in military medical research. Academic Emergency Medicine 12 (11): 1120 -- 1126.
Bohme, C. (2000). The Wages of Seeking Help: Sexual Exploitation by Pofessionals. Westpot, CT: Paege Publishes. Retieved Mach 8, 2008, fom Questia database: http://www.questia.com/PM.qst?a=o&d=27277229 http://www.questiaschool.com/PM.qst?a=o&d=94803861
Baaten, E.B., & Handelsman, M.M. (1997). Client Pefeences fo Infomed Consent Infomation. Ethics & Behavio, 7(4), 311-328. Retieved Mach 8, 2008, fom Questia database: http://www.questia.com/PM.qst?a=o&d=94803861 http://www.questiaschool.com/PM.qst?a=o&d=11241547
Holmes, C.A. (1998). Thee Is No Such Thing as a Theapist: An Intoduction to the Theapeutic Pocess. London: Kanac Books. Retieved Mach 8, 2008, fom Questia database: http://www.questia.com/PM.qst?a=o&d=11241547 http://www.questiaschool.com/PM.qst?a=o&d=23330078
Redleaf, a., & Baid, S.A. (1998). Behind Closed Doos: Gende, Sexuality, and Touch in the Docto/Patient Relationship. Westpot, CT: Aubun House. Retieved Mach 8, 2008, fom Questia database: http://www.questia.com/PM.qst?a=o&d=23330078 http://www.questiaschool.com/PM.qst?a=o&d=94802088
Thon, B.E., Rubin, N.J., Holdeby, a.J., & Shealy, R.C. (1996). Client -- Theapist Intimacy: Responses of Psychotheapy Clients to a Consume-Oiented Bochue. Ethics & Behavio, 6(1), 17-28. Retieved Mach 8, 2008, fom Questia database: http://www.questia.com/PM.qst?a=o&d=94802088
references for Informed Consent Information. Ethics & Behavior, 7(4), 311-328. Retrieved March 8, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=94803861 http://www.questiaschool.com/PM.qst?a=o&d=11241547
Holmes, C.A. (1998). There Is No Such Thing as a Therapist: An Introduction to the Therapeutic Process. London: Karnac Books. Retrieved March 8, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=11241547 http://www.questiaschool.com/PM.qst?a=o&d=23330078
Redleaf, a., & Baird, S.A. (1998). Behind Closed Doors: Gender, Sexuality, and Touch in the Doctor/Patient Relationship. Westport, CT: Auburn House. Retrieved March 8, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=23330078 http://www.questiaschool.com/PM.qst?a=o&d=94802088
Thorn, B.E., Rubin, N.J., Holderby, a.J., & Shealy, R.C. (1996). Client -- Therapist Intimacy: Responses of Psychotherapy Clients to a Consumer-Oriented Brochure. Ethics & Behavior, 6(1), 17-28. Retrieved March 8, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=94802088
When it comes to political science and philosophy, there are many subjects and points of analysis that are very intriguing, widely discussed and heavily debated. There are also certain people, both past and present, that have proved themselves as scholars on those political subjects. Such is the case with both John Locke and David Hume. One particular subject that both men weighed in on was the role of consent when it comes to the creation of political obligation. The positions of both men will be covered in this report and the author of the same will come to a conclusion as to which man made the better argument. Political obligation, of course, is the general rule that the law must be obeyed. Consent, on the other hand, is much more nebulous in terms of definition and concept and that will be covered in this report. While both men…
Latha (2010) notes, "Legally, treatment without consent is permissible only where common law or statute provides such authority" (p. 96) and in the case of the schizophrenic patient who refuses to take the prescribed medication the question comes down to whether the person is legally capable of making a decision. If so, then he has every right to refuse treatment; if not, treatment may be given him. This is the essence of the Health Care Consent Act, which is used to determine whether such a person as the schizophrenic patient is capable of deciding for himself (Downie, Caulfield, Flood, 2011).
The two questions that must be asked with regards to the Health Care Consent Act are: 1) Is the person capable or able of understanding the data that is relevant to his making a decision regarding treatment? 2) Is the person capable or able of appreciating the likely consequences of…
Nichols, 1974, Equal Education Opportunities Act of 1974, Requirements of the Vocational Education Guidelines, 1979, Requirements based on the Fifth Circuit court decision in Castaneda v. Pickard, 1981, Requirements based on the Supreme Court decision in Plyler v. Doe, 1982, Americans with Disabilities Act (PL 94-142), Florida Education Equity Act, 1984, Section 504 of the Rehabilitation Act of 1973.
The Consent Decree puts the burden of making sure each student, even though they do not speak English or are of another race or culture, on the teacher and the school the student attends. If the student does not speak English sufficiently to compete or keep up with other students, it is the responsibility of the school to teach the student English sufficient to compete and learn as well as his or her peers.
Office of Academic Achievement through Language Acquisition - Consent Decree. Florida Department…
Office of Academic Achievement through Language Acquisition - Consent Decree. Florida Department of Education, February 10, 2007. http://www.firn.edu/doe/omsle/cdpage2.htm.
e. The exceptions made for impairment and age would open a Pandora's Box of legal precedence. The Death with Dignity Act and any other forthcoming active euthanasia laws will likely continue to follow the same line of reasoning, i.e. that it is the unimpaired individual who must shoulder the full responsibility of the decisions he or she is making regarding the end of his or her life. That is in fact the point of the law, that a physician's responsibility as well as the responsibility of anyone who is active in the act of euthanasia is relinquished entirely to the will of the dying individual. In the case of a child this decision cannot be made by a proxy, nor can this decision be made for an individual who is mentally impaired, by his or her guardians or care takers. Though the parents in this case have fundamentally compelling arguments…
Gilmore, J. (2005, April 4). Court-Ordered Euthanasia: Euthanasia Advocates Claim It Is Not a Crime to Kill as Long as the Victims Cannot Speak for Themselves. The New American, 21, 27.
Kamisar, Y. (1998). Physician-Assisted Suicide: The Problems Presented by the Compelling, Heartwrenching Case. Journal of Criminal Law and Criminology, 88(3), 1121-1146.
Confidentiality Breaches in Clinical Practice
The confidentiality and privacy of patients are considered as one of the fundamental freedoms that they should enjoy and are safeguarded under Health Insurance Portability and Accountability Act of 1996 (HIPPA). It is also a precept of the American Medical Association’s Code of Ethics and the Hippocratic Oath. The breach of confidentiality is unethical and illegal.
Medical professionals are under the obligation of protecting the patient’s confidentiality. Confidentiality and privacy prohibit medical providers from unlawful disclosure of the patient’s information. Some of the inappropriate disclosures include discussing a patient’s case in the elevators or corridors, giving out extra copies of handouts from conferences while they contain identifiable patients’ details and any other possible leakage of information to unauthorized individuals (Beltran-Aroca et al. 52). In clinical practice, the patients’ confidentiality can be breached due to indiscretion, carelessness, and sometimes malice. Medical practitioners are obligated legally and…
Voluntary Consent: Discuss Fully Weather Jerome Can Set Aside This Contract
Yes, Jerome can set aside the contract. This is because he was pressured to make a land deal that would benefit his nephew and caregiver (Phillip). In this situation, the transaction will be financially advantageous for Phillip by purchasing it 30% below market value. If Jerome refuses to sell Phillip the property, he will not help him anymore.
This is problematic, as Jerome is an elderly man who needs assistance with a number of daily activities. Phillip is the primary caregiver for support. This places added amounts of stress on Jerome as he will not be able to perform essential functions. If he is unable to do so, he could have complications from preexisting conditions and not receiving the assistance that he needs.
In this case, Jerome can set aside the contract. As the pressure and stress he endured…
"Consent," U.S. Legal, last modified 2013 http://contracts.uslegal.com/consent/
Bagchi Aditi, "Voluntaries and Contract Interpretation," Harvard University, last modified April 12, 2004 http://www.law.harvard.edu/programs/about/privatelaw/related-content/bagchi_voluntariness_and_contract_interpretation.pdf
"Statute of Frauds," Investopedia, last modified 2013 http://www.investopedia.com/terms/s/statute-of-frauds.asp
Any kind of other personal information that is collected will be securely stored and monitored by the Chief Investigator. ("Information Privacy Principals," 2010)
5.2 Give details of the arrangements that have been made for the safe storage of the data and also the measures, which will be adopted to protect confidential records about research participants?
(a) During the study. All data will be securely stored under lock and key.
(b) After the study. All data will be stored under lock and key. The Chief Investigator will be the only person who is allowed access to the information.
5.3 How will confidential records be destroyed after the study is complete?
5.4 Will anyone else, apart from the Chief Investigators, have access to confidential records or human tissue samples?
Yes [ ] No [x]
5.5 May any party, other than investigators claim ownership of the materials or results derived from the…
The Economic Impact of the Achievement Gap. (2009). McKinesy & Company. Retrieved from http://www.mckinsey.com/app_media/images/page_images/offices/socialsector/pdf/achievement_gap_report.pdf
Information Privacy Principals. (2010). Office of Victorian Privacy Commissioner. Retrieved from: http://www.privacy.vic.gov.au/privacy/web.nsf/content/information+privacy+principles
MP Ignores the Job Needs of the Less Educated. (2010, July). Sydney Mourning Herald. Retrieved from http://www.smh.com.au/opinion/politics/mps-ignore-job-needs-of-the-less-educated-20100719-10hr1.html
National Agenda for a Multicultural Australia. (2010). Department of Immigration and Citizenship. Retrieved from http://www.immi.gov.au/media/publications/multicultural/agenda/agenda89/australi.htm
National Healthcare Agency
Consent and research
Ethical standards that apply to experimentation and research
According to the Society for esearch in Childhood Development (SCD), several basic principles must be followed when research is being conducted on children. The first principle states that the procedures must be non-harmful: "The investigator should use no research procedure that may harm the child either physically or psychologically. The investigator is also obligated at all times to use the least stressful research procedure whenever possible" (Ethical Standards for esearch, 2012, SCD). However, no specific definition of what constitutes 'harm' is given.
There is also the principle of informed consent: consent of the child and the parent. "Before seeking consent or assent from the child, the investigator should inform the child of all features of the research that may affect his or her willingness to participate and should answer the child's questions in terms appropriate to…
Czaja AS, Valuck R. (2012). Off-label antidepressant use in children and adolescents compared with young adults: extent and level of evidence. Pharmacoepidemiol Drug
Saf. (9):997-1004 doi: 10.1002/pds.3312
Ethical Standards for Research. (2012). Society for Research in Childhood Development
Mrs. E (Kluge 2005, pp. 191).
This does not apply to this situation, however, as Jack's competency for decision making is only temporarily impaired, and he will still be caring for himself by and large for the foreseeable future. Thus, a consideration of his best interests must include a consideration of Jack's psychological, emotional, and religious/philosophical attitudes as well (Kluge 2005, pp. 191). Jill asserts that her husband feels very strongly that all individuals should contribute to the welfare and progress of the community, and she believes that medical progress through such things as successful drug trials are a part of this progress and contribution. It is from this stance that she decides to have Jack included in the trial.
There does not appear, at first glance, to be anything wrong with this assessment, yet it must be noted that it is Jill's opinion that medical testing and drug trials…
Active Euthanasia With Parental Consent
This case provides an example of a situation in which active euthanasia was conducted with the consent of parents. There are three agents in this case among these three; the most important is the patient. The patient was a small girl named Andrea and her age was only nineteen years. Apart from her, the other two important agents in the case were the parents of Andrea and the physicians. The main fact of the case was the severe illness of the girl and the reaction of her parents at this disease. It was mentioned in the case that Andrea was severely suffering from cystic fibrosis when she was only thirteen months old, this disease is progressive. Not only is this but patients suffering from this disease has an average life span of thirty years.
Due to this dangerous disease, Andrea was admitted in…
Dworkin, G., Frey, R.G., & Bok, S. (1998). Euthanasia and Physician-Assisted Suicide. Cambridge: Cambridge University Press.
Hamel, R.P. (1991). Choosing death: active euthanasia, religion, and the public debate. Philadelphia: Trinity Press International.
McCarrick, P.M. (1992). Active euthanasia and assisted suicide. Newyork: Kennedy Institute of Ethics.
Morgan, J. (1996). An Easeful Death?: Perspectives on Death, Dying and Euthanasia. Leichhardt: Federation Press.
Health Care and Minors
What are the pros and cons of having a court appointed guardian act on behalf of a minor child's healthcare interests?
The pros are that the interests of the child can be immediately and adequately served, as the case of Child C shows -- the patient was in need of blood work and the putative father and/or other parental guardian was nowhere to be found in order to give the necessary approval. The ability of the hospital to seek a court-appointed guardian is, legally speaking, what allowed the hospital to save the child's life. In such instances, when the parent or guardian is not acting responsibly or is not able to be reached, the hospital and the court may step in to ensure that the best interest of the child is maintained at all times.
The con of this arrangement is that there may be grounds…
Bernat, J. (2008). Ethical Issues in Neurology. PA: Lippincott
DuBose, E. (2002). The Jehovah's Witness Tradition: Religious Beliefs and Healthcare
Decisions. The Park Ridge Center for the Study of Health, Faith and Ethics: 1-16.
Muramoto, O. (2001). Bioethical aspects of the recent changes in the policy of refusal of blood by Jehovah's Witnesses. BMJ, 322(7277): 37-39.
Merrill, in the UK. Following his experience with heart surgery using innovating surgical techniques, the physician noted the problems he experienced in understanding all of his alternatives compared to a simpler earlier procedure, and finally trusted to the advice of his cardiologist to surgically intervene. In response to the experience, Dr. Merrill emphasized that, "As a physician talking to colleagues, I had the best information possible under the circumstances. But it wasn't the same as my hernia repair. The experience brought home to me the realization that the progress of medicine has made informed consent impossible -- even for me" (Merrill 1999: 190).
ationale of Study
Taken together, the foregoing issues indicate that there is an ongoing need for an assessment of knowledge levels of informed consent among perioperative nurses and operating department practitioners. Perioperative nurses and operating department practitioners, though, are frequently subjected to an enormous amount of stress…
Calloway, S.J. (2009) 'The Effect of Culture on Beliefs Related to Autonomy and Informed
Consent.' Journal of Cultural Diversity 16(2): 68-69.
Cobb, W.G. (2005) 'Defending the Informed Consent Case.' Defense Counsel Journal 72(4):
More times than not, a patient will argue that he did not understand what the physician stated to him; even amidst documented proof the medical professional and the patient did engage in an informed conversation. "The fact that a meeting took place does not necessarily mean that there was a meeting of the minds" (Informed consent…, 2010, ¶ 5). This issue leads some health care providers to assert that informed consent forms possess little value, particularly when a legal battle ensues and the professional cannot prove the patient did, in fact, understand the informed consent process.
Currently, lawyers routinely challenge informed consent forms in courtrooms throughout the United States (U.S.). "The model consent forms incorporate substantial details of anesthesia techniques, risks and other elements of 'informed consent', so that a strong presumption is established on its face" (Informed consent…, 2010, ¶ 7). During the informed consent process, to help inoculate…
Anaesth, B.J. (2009). Perioperative visual loss: What do we know, what can we do? Department
of Anesthesia and Critical Care. University of Chicago. Retrieved January 25, 2010 from http://bja.oxfordjournals.org/cgi/content/short/103/suppl_1/i31
Booth, B. (2008). Informed consent at the heart of New York lawsuit. Retrieved January 26,
2010 from http://www.ama-assn.org/amednews/2008/03/10/prca0310.htm
One of the additional oversights in the Proposed Consent Decree is that it does not address the sensitive matter of cell searches of two-person cells that are focused on one inmate. The cell search conducted by Officer Anderson and Sgt. Belker was conducted in an attempt to locate contraband cigarettes that had been sold by Joe Johnson; however, they were still able to search all of Jack Jones' materials. The Proposed Consent Decree is under-inclusive in that it does not make any mention of protecting the inmate who is not the target of the cell search. As it stands, it is still possible for the cell search to be conducted under the premise of implicating one of the inmates while instead focusing on a separate inmate.
Ultimately, the Proposed Consent Decree fails to squarely address the situation, since it fails to protect the sheet of paper from being confiscated from…
100). Much of the focus of personnel selection using psychological testing was on new troops enlisting in the military during two world wars and the explosive growth of the private sector thereafter (Scroggins et al., 2008). Psychological testing for personnel selection purposes, though, faded into disfavor during the 1960s, but it continues to be used by human resource practitioners today. In this regard, Scroggins and his colleagues advise, "Many H practitioners, however, have continued to use personality testing with an optimistic and enduring faith in its ability to discriminate between good and poor job candidates" (p. 101).
In cases where cheating is suspected (such as in the case of an teen applicant possibly using a smartphone or consulting crib notes during testing by visiting the restroom), psychologists have a professional responsibility to conform to relevant privacy laws with respect to the results of such tests, including following the decision-making model…
Barnes, F.P. & Murdin, L. (2001). Values and ethics in the practice of psychotherapy and counseling. Philadelphia: Open University Press.
Bersoff, D.N. (2008). Ethical conflicts in psychology. American Psychological Association.
Bonventre, V.M. (2005, Spring). Editor's foreword. Albany Law Review, 68(2), vii-ix.
Charman, D. (2004). Core processes in brief psychodynamic psychotherapy: Advancing effective practice. Mahwah, NJ: Lawrence Erlbaum Associates.
Landmark Legal Cases, Informed Consent:
Implications for the Counseling Field
Many seek counseling each year and do not understand what services are offered, or even that the counselor they see is required by law to maintain the confidentiality of the conversation that the two of them are going to have. These issues have been clouding in the past and have led to many court cases that have helped counselors in every state outline exactly what is required of the document. The American Counseling Association (ACA), and the associations of the different states, have specific ethical guidelines which require members to provide new clients with an informed consent document to sign. State and federal legal cases have shown the need for a document which spells out what the counseling services of a particular practice are, what confidentiality is, and oftentimes how the counseling services will be paid (Walsh & Dasenbrook, 2005).…
American Counseling Association. (2005). Code of Ethics. Alexandria, VA: Author.
Bussey, G.D. (1995). Informed consent: Its legal history and impact on medicine. Hawaii Journal of Medicine, 54(4). 469-471.
Walsh, R.J., & Dasenbrook, N.C. (2005). Implementing informed consent. ACA.
Wilder. J. (2000). The ethical question -- informed consent. Medscape Today. http://www.medscape.com/viewarticle/414664_2
Discussion -- Textbook approach gives a great deal of theory; value of the article is in taking the material and applying it to situations that are relevant to one's current profession and/or understanding different approaches to conflict.
Review -- the Million Clinical Multiaxial Inventory (MCMI) - the MCMI is a psychological assessment tool that was written to provide information on psychopathology including specifics outlined in the DSM-IV. It is intended for adults over 18 who have at least an 8th grade reading level and who are seeking mental health services. The test was actually developed and standardizes on clinical populations in psychiatric hospitals or individuals with current existing mental health issues. The authors are quite specific about it not being used with the general population or with adolescents, as values will likely not be appropriate for extrapolation (Pearson, 2012).
History -- Published in 1977 by Theodore Millon based on his…
Million, T., et.al. (2006). MCMI-III Manual. Minneapolis, MN: Pearson.
Pearson Educational Services. (2012). The Million Clinical Multiaxial Inventory III.
Retrieved from: http://www.pearsonassessments.com/pai/ca/research/resources/faqs/MCMI-III_FAQs
Widiger, T., et.al. (1985). The MCMI and DSM-III. Journal of Personality Assessment.
Euthanasia Is Illegal
Euthanasia otherwise known as assisted suicide refers to the painless extermination of a patient suffering from terminal illnesses or painful or incurable disease. According to Cavan & Dolan, euthanasia is the practice or act of permitting the death of hopelessly injured or sick individuals in a painless means for the purpose of mercy (Cavan & Dolan 12). The techniques used in euthanasia induce numerous artifacts such as shifts in regional brain chemistry, liver metabolism and epinephrine levels causing death. Advocates of euthanasia trust that sparing a patient needless suffering or pain is a good thing. If an individual is hopelessly hurt or ill with no hope of ever getting well, if such a person is in an unending and unbearable pain and cannot experience the things that make life meaningful, the best option for such patients is euthanasia. Euthanasia raises questions on morals, legal and essence of…
Baird, R. Caring for the Dying: critical issues at the edge of life. New York: Prometeus Books 2003, pp.117
Cavan, Seasmus, Dolan, Sean. Euthanasia: The Debate over the right to die. New York: The Rosen Publishing Group, Oct 1, 2000.
Cohen-Almagor, R. Euthanasia in the Netherlands: The policy and practice of mercy killing. Netherlands: Springer, Aug 3, 2004.
Devettere, Raymond. Practical decision making in health care ethics: Cases and concepts. Georgetown: Georgetown University Press, 2009.
The ethical and legal consequences of testing employees without their knowledge or consent puts Danville Airlines into a defensive position, having to both explain to David eiger why they are not letting him fly, and potentially to his attorneys how the testing took place at all. The issue of genetics testing raises ethical and legal conflicts, creating a paradox for companies who practice this type of screening (Howard, ichardson, Thorpe, 2009). Danville Airlines has been negligent in their process of medical screening, allowing samples taken from eiger to be sent to a genetics screening lab (Darden, 2004). Especially detrimental to eiger is the emotional trauma and pain of being diagnosed with Huntington's disease, the same disease which took his father's life as well (Darden, 2004). Danville is now in the paradoxical situation of having told people outside the company of eiger's condition, also informing eiger he will no…
Avitabile, C., Jappelli, T., & Padula, M. (2011). Cognitive abilities, healthcare and screening tests. Journal of Population Ageing, 4(4), 251-269.
Darden Business Publishing. (2004). DANVILLE AIRLINES. University of Virginia. Retrieved on August 24, 2012 from
Howard, DH, Richardson, L.C., & Thorpe, K.E. (2009). Cancer screening and age in the United States and Europe. Health Affairs, 28(6), 1838-47.
Hunter, D. (2005). Diversity and sensitivity issues in management: The case of the genetic screening questionnaire. The Business Review, Cambridge, 4(2), 249-252.
The recurrence of homelessness for individuals may be frequently attributed to drug addiction.
The recurrence of homelessness for individuals may be frequently attributed to mental illness.
There is a clear reciprocal relationship between homelessness, drug addiction and mental illness.
Mental illness plays a significant role in preventing homeless individuals from f inding suitable long-term housing. .
Singleton identifies the systematic procedure as a form of data gathering in which a survey or interview will be utilized in order to gather information for further analysis. His text points to the large-scale probability study as a form in which substantial populations can be measured according to representative sample sets. The "scientific sampling…
The National Institutional Health (NIH). (1979). Regulations and Ethical Guidelines. The National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research.
Singleton, R.A. & Straits, B.C. (1999). Approaches to Social Research. Oxford
contract formalizes the agreement between two parties regarding buying a certain item, entering into a certain service, or accepting a certain condition. Contracts cover a huge span of agreements including the sale of goods or real property, the terms of employment or of an independent contractor relationship, the settlement of a dispute, and ownership of intellectual property developed as part of a work for hire.
For a contract to be enforceable, it must constitute six factors:
Mutual consent -- both seller and buyer must be in full and comprehensive agreement of what the one is selling and the other is receiving
Offer and acceptance -- these must be clearly spelled out and comprehended by both parties
Mutual consideration -- the item / service must be one of value and turn out to be so, too.
Performance or delivery -- both must be intact. There must be, in other words, no…
Larson, A. (October, 2003) The Statute of Frauds and Contract Law. Expert Law.
* Reality of Conset (Chap. 13)
Ongoing Duty to Inform
The 2008 draft version of Chapter 3: Free and Informed Consent, Article 3.3 under Section A. General Principles adds a comprehensive explanation of the specific duty of researchers to continue the information disclosure element of the duty to inform throughout the participation in the research project. In that regard, the 2008 draft version details the obligation of researchers to bring to participants' attention any information that comes to light subsequent to the initial informed consent acquisition process. That provision further details the obligation to continue providing relevant information even beyond the conclusion of the research study where appropriate or necessary.
The 2008 draft version of Chapter 3: Free and Informed Consent, Article 3.4 under Section A. General Principles adds an Incidental Findings section that is absent from the 2003 draft version. In principle, this provision defines incidental findings as findings that could have potentially…
Halbert T. And Ingulli E. (2007). Law & Ethics in the Business Environment. Cincinnati,
Levine C. (2008). Taking Sides: Clashing Views on Bioethical Issues. Dubuque, Iowa:
The McGraw Hill Companies Inc.
The Institutional eview Board (IB) was created to protect human rights in research studies. Prior to the creation of ethical standards in research individual rights were frequently violated without consequence for such actions. Extreme examples of ethical violations include the experiments conducted on individuals during the Nazi Concentration Camps and the Tuskegee Syphilis Study. In both cases individuals were inflicted with significant harm without knowledge of the study or willing participation. Currently the Department of Health and Human Services regulates federal guidelines to ensure the safety and protection of participants in research studies. Following ethical guidelines ensures protection of human beings' rights and the integrity of research. In the case study of Lucy, several ethical violations occurred including: lacking of formal IB approval for her research study, issues with informed consent, and misrepresentation of the research authorship.
Lucy, a special education teacher, sought IB approval for her proposed research…
Adam, Z., & Boyd, S. (2010). Ethical challenges in the treatment of individuals with intellectual disabilities. Ethics & Behavior 20 (6).
Roig, M. (2009). Avoiding plagiarism, self-plagiarism, and other questionable writing practices:
A guide to ethical writing. Office of Research Integrity. Retrieved from:
Kant by Onora O'Neill
Analysis of Kantian Morals in the Contemporary Content by Onora O'Neill
Here, Onora O'Neill examines and evaluates the contemporary relevance of Kantian philosophy within how society functions and approves of certain behaviors. Thus, when a person does use another individual as a means to an end, even in an intimate relationship or in a working environment, that person is acting immorally. Personally, despite oppositions, I would tend to agree with such notions, especially because O'Neill is using the concept of consent as a way to define moral and immoral foundations for social interactions.
Essentially, O'Neill presents a strong defense for the modern interpretation of Kantian ethics. Most of Kantian philosophy has been replaced with more recent philosophical discourse, yet there are some elements that still remain prevalent in modern theory. She argues how there is still negative connotations and criticism associated with using other individuals, and…
O'Neill, Onora. (1985). Consenting adults. Philosophy & Public Affairs, 14(3), 252-277.
The objective of this study is to read the case Deal V. Spears United States Court Of Appeals, Eighth Circuit, 980 F. 2D 1153 (1992) and to answer the questions of whether it is lawful to monitor the telephone conversation of an employee if the employee has given prior consent and to answer if in this case whether Deal give her employer consent in this case? This study will additionally examine whether due to the recent burglary of the store, whether the employer had a legitimate business reason to record and review the employee's phone calls made or received at work. Finally, this study will consider what, under the Watkins precedent, is the extent to which an employer can monitor personal phone calls to employees within the ordinary course of business exemption of the federal wiretapping law where is no evidence of express consent here.
Deal V. Spears United States Court Of Appeals, Eighth Circuit, 980 F. 2D 1153 (1992)
People v. Goetz (1986)
1. Give an overview of the case.
The controversial People v. Goetz (1986) involves the Defendant, Bernhard Goetz (Defendant) who shot and injured four young black men on a subway train in the Bronx. Four black youths, Troy Canty, Darryl Cabey, James Ramseur and Barry Allen were riding the subway train; two of the youths had screwdrivers hidden on their person, later admitting the intention of using these screwdrivers to unscrew the coin boxes attached to arcade games. The defendant was also riding the train and had an unlicensed .38 caliber pistol, a gun he had procured in 1981. Canty approached Goetz with possibly one of the other young men beside him, and said, “Give me five dollars”: there was no use of force nor was their a display of a weapon. The Defendant answered by standing and releasing four shots from his unlicensed gun, the…
ethical decision making in general and then in the nursing profession. It addresses two key questions. What are the different ethical decision making processes? How could the ethical dilemma of informed consent in the nursing profession be resolved using one of these processes? The sources used to collect information are books and academic journals. The teleological approach suggests that informed consent is ethical because its benefits exceed its costs. In other words, its consequences are more unfavourable than opposite.
Ethical decision making is the process by which individuals choose an approach to deal with a moral issue they encounter. In everyday life, professionals often have to deal with moral issues. Therefore, frameworks for dealing with ethical dilemmas are required.
"Ethics is the science of the moral life. It is concerned with human conduct in relation to character and a conception of the good, commonly referred to as the highest good.…
Caples, S.C., Hanna, M.D., Phelps, L. (2008). Linking Ethics Decisions to Philosophical Rationales: An Empirical Study. Journal of Legal, Ethical and Regulatory Issues. 11 (2), pp.93+
Dresser, H.W. (1925). Ethics in Theory and Application. New York: Thomas Y. Crowell.
Lachman, V.D. (2006). Applied Ethics in Nursing. New York: Springer.
McConnell, T. (2000). Inalienable Rights: The Limits of Consent in Medicine and the Law. New York: Oxford University Press.
This body then has the right and duty, especially if elected to represent to build the laws and enforce the judgment of those laws, as a reflection of the will of the consensus. Locke, having developed a keen sense of a rather radical sense of the rights of the individual and the responsibility of the civil government began his work with the development of what it is that constructs the "natural rights" of man. Locke, therefore begins his Second Treatise on the natural rights of man, as he puts it to illuminate the understanding of the right to rule.
Natural Rights Theory
Locke demonstrates in the beginning of his Second Treatise the idea that the government created by the people can only be so if the people accept that certain rights of nature are true to all men. The development of these rights is not necessary as they are natural…
Arneil, Barbara. John Locke and America: The Defence of English Colonialism. Oxford: Clarendon Press, 1996.
Brown, Gillian. The Consent of the Governed: The Lockean Legacy in Early American Culture. Cambridge, Mass: Harvard Univ. Press. 2001.
Dunn, John. The Political Thought of John Locke: An Historical Account of the Argument of the 'Two Treatises of Government' London: Cambridge
Univ. Press, 2006.
Evidence has been cited suggesting that ECT is particularly efficacious with psychotic depression. Experimental research and reviews of the literature tend to conclude that ECT is either equal or superior to antidepressant medication in the treatment of severe depression. In one study both depressed men and women were helped by ECT, but women tended to improve more with ECT than with imipramine, a tricyclic antidepressant. Men tended to improve more with imipramine. Both men and women improved more with ECT than with phenalzine, a monoamine oxidase inhibitor (MAOI). It has been suggested that MAOIs and serotonin-specific reuptake inhibitors (SSIs) may be less clinically effective than heterocyclic antidepressants for severe depression. Thus, ECT's favorable comparison with imipramine is a strong endorsement.
The side effect of ECT that has received the most attention is memory loss. ECT results in two kinds of memory loss. The first involves quick forgetting of…
Breggin, P.R. (n.d.). Electroshock: Scientific, ethical, and political issues. Retrieved from http://www.sntp.net/ect/breggin1.htm
Electroconvulsive therapy. (2011). Retrieved from http://www.minddisorders.com/Del-
Electroconvulsive therapy (ECT). (2011). Retrieved from http://www.mayoclinic.com/health/electroconvulsive-therapy/MY00129
As for knowledge, Locke believed that "the best and surest way to get clear and distinct knowledge is through examining and judging ideas by themselves" (Locke, 1997, VI: I).
The Family -- Locke lived in a time in which the family was patriarchal and central to the argument of the opponents to limited government. In early-modern England the family structure was more authoritarian, intolerant, and sexist. Locke's political theory had revolutionary implications that could easily be exported to governments, and as an individualist, it is easy to see why Locke would look upon inequality and mindless subjugation as unproductive and antithetical. In this the natural rights family was radical in the sense that it held that everyone born was capable of actualization. The family was a microcosm of government, and also served as a way to train individuals into their roles and responsibilities within society (Ward, 2010, pp. 136-42).
Baird, F. And Kaufman, W. (2007). Philosophic Classics: From Plato to Derrida.
New York: Prentice Hall.
Locke, J. (2003). Two Treatises of Government. Ed. Ian Shapiro. New Haven, CT: Yale University Press.
Locke, J., R. Woodhouse, ed. (1997). An Essay Concerning Human Understanding. New York: Penguin Books.
Without seeing the wording of the consent form, there is little evidence to support the rejection of the study. The British Psychological Society's guidelines on informed consent can be found on page 12 of the Code of Ethics and Conduct. They are attached in Appendix A. There is no evidence in the one-paragraph case write-up that the proposed study does not give ample opportunity for participations to understand the nature of the study (i). The consent form should explain this and the researchers also have the opportunity on multiple occasions to explain the nature and consequences of the study.
Line (ii) is adhered to, as all volunteers will be required to sign the consent form. The wording of the paragraph is "asked to sign," and this should be amended to clarify: volunteers will be required to sign, and they will sign immediately prior to the interview.
Autonomy in the nursing profession states the importance of the client's role in making decisions that reflect advocacy for the client (Wade, 1999, p.310). Ultimately, this includes taking care of the patient physically as well as mentally and emotionally, developing a relationship with the patient that is beneficial to his care and actively advocating for the patient's rights and care. This type of autonomy, it is important to note, is not the same as individual or work autonomy, yet it must be considered that empowerment in nursing autonomy will inevitably lead to better professional and personal autonomy and should also lead to increased job satisfaction (Wade, 1999, p.310).
Typical definitions of autonomy would include the idea of complete independence for the person making the decisions. However, in the case of the nursing profession, the client's needs and desires must be heavily weighed and, in fact, become central…
Wade, G.H. (1999). Professional nurse autonomy: Concept analysis and application to nursing education. Journal of Advanced Nursing, 30(2), 310-8.
Gaylord, N. & Grace, P. (1995). Nursing advocacy: An ethic of practice. Nursing Ethics, 2(1),
White, L. (2004). Foundations of nursing: Second edition. Clifton Park, NY: Delmar Learning.
Nursing and Ethics
The emotional debate over abortion had been mischaracterized in the media, and hence disrupted any positive attempt to make progress in resolving the ethical and medical problems which have been created by the practice. A majority of Americans recognize and desire that abortion should be available when the life of the mother is at risk, or in the cases of rape or incest. However, liberal proponets like to expand this definition under the ubiquitous definition of the 'mothers health' which has been used to justify abortion on demand, for any reason. This latter expanded definition is significantly opposed by a majority of the ameircan population. In the midst of this struggle, comes the person needing medical care, who has neither been properly informed as to the dangers of the paractive, nor adequately counseled as to the options which exist regarding the future of her unborn child. The…
O'rourke, Kevin. PROXY CONSENT: DECIDING FOR OTHERS October 1980 accessed 23 April 2004. Available from: http://www.op.org/domcentral/study/kor/80100202.htm .
Bernard Lo, (July 2, 1987) "Behind Closed Doors: Promises and Pitfalls of Ethics Committees." NEJM 317;46.
Toward a More Natural Science, (1985) New York: Free Press,; p.211.
Curzer, Howard J. (6/22/1993) Fry's concept of care in nursing ethics. (response to Sara T. Fry, Hypatia, vol. 4, no.2, p.88, 1989) Hypatia.
Sexuality and Severe Brain Injury
The ethical issue in this case study is the fact that Mr. Z decides to have sexual intercourse with his wife Mrs. Z who is brain damaged. Her current state does not allow her to make any valid and sober decision. The action by Mr. Z is unethical since for one to have sex they should give consent, this is however not possible for Mrs. Z since she is unable to speak. This is a clear indication that she is not able to participate in even basic decision making leave alone giving consent to sexual intercourse. The severe mental disability leaves Mrs. Z incapable of giving any valid consent to intercourse. The act of having sexual intercourse with a an individual without her direct consent is quite unethical since Mr. Z is engaging in intercourse with someone who has not given consent even…
Syracuse University. (1998). An Ethical Decision-Making Model. Retrieved June 25, 2014 from http://soe.syr.edu/academic/counseling_and_human_services/modules/Common_Ethical_Issues/ethical_decision_making_model.aspx
Rainbow, C. (2009). Descriptions of Ethical Theories and Principles. Retrieved June 25, 2014 from http://www.bio.davidson.edu/people/kabernd/indep/carainbow/theories.htm
The field is social psychology, and the selected title is bullying. The articles selected as follows:
Mundbjerg Eriksen, T. L., Hogh, A., & Hansen, A. M. (2016). Long-Term Consequences of Workplace Bullying On Sickness Absence. Labor Economics, 43: 129-150. doi:10.1016/j.labeco.2016.06.008
This peer-reviewed article explores the effects of bullying at the place of work. The study done in the article indicates that sickness, boredom, and poor productivity are some of the results of bullying from among employees. The article is significant in that it helps to understand the effects of bullying at the workplace and hence aids in deriving ways to reduce its occurrence. The social setting at workplace relates to the social psychology effects as seen with the occurrence of bullying (Mundbjerg Eriksen et al., 2016).
Priest, N., King, T., Becares, L., & Kavanagh, A. M. (2016). Bullying Victimization and Racial Discrimination among Australian Children. American Journal of Public Health,…
complexities of doing business in our virtual age, looking in particular at e-commerce but also asking how the presence of e-commerce on the market has affected traditional businesses as well. Once upon a time - that golden age - things were simple. You decided you wanted to grow up to be a bookstore owner. Or a hardware store manager. Or a florist. So you leased a store, bought some books, and lovingly hand-sold them to each customer who flocked to your door and then went home at night to count your money.
Of course, owning a bookstore or a hardware store or a flower shop was actually never that simple. But the picture now is even more complicated as virtual stores have entered the picture. Part of what makes engaging in e-commerce so difficult is that there are no paths that others have trod before one. And the costs of…
VI.Appendix (ces)(please write around 2-3 pages)
MY ROUGH IDEA:
1.To successful launch an e-commerce Web site, the question is not just about if we build it, will they come?" But also if we build it, will they come to purchase and repeat purchase?" A scenario closer to the truth is that many online companies experience disappointment in converting consumers' clicks into purchases. It means attracting a large number of shoppers to the site is not the only ultimate measure of success. The true measure of success should be included retaining customers and converting them into repeat buyers. Positive shopping experiences on the site can help online buyers make an effective decision. It means positive feeling is the optimal experience that consumers will desire to repeat buying online. Therefore, marketers need to create effective Web sites for winning consumer satisfaction. Since Web sites are often the main contact with consumer in the Internet market, a company's Web site elements may include some persuasive components that has imp!
McMillan, S.C., & Small, B.J. (2007). Using the COPE intervention for family caregivers to improve symptoms of hospice homecare patients. Oncology Nursing Forum, 34(2), 313-21.
Are there any HIPAA concerns that are evident in this study?
Both caregivers and patients were required to sign informed consent documentation in order to participate in the study. Were any concerns related to HIPAA indicated in the protocol or procedures for conducting the study, those concerns would need to be delineated in the consent documents and explained to the participants. Since caregivers were an integral component to the hospice care and quality of life measures for patients, patient privacy could be maintained just as with any other medical or healthcare services.
What methods were put in place to ensure that the subjects were giving true informed consent?
The inclusion criteria and protocol for participating in the study required that patients and caregivers both be…
McMillan, S.C., & Small, B.J. (2007). Using the COPE intervention for family caregivers to improve symptoms of hospice homecare patients. Oncology Nursing Forum, 34(2), 313-21.
Rosedale, M., & Fu, M.R. (2010). Confronting the unexpected: Temporal, situational, and attributive dimensions of distressing symptom experience for breast cancer survivors. Oncology Nursing Forum, 37(1), 28-33.
Please list sections according to instructions
Exercise 1.1: eview of esearch Study and Consideration of Ethical Guidelines
Option 1: Stanford Prison Experiment
Go to: http://www.prisonexp.org, the official site for the Stanford Prison Experiment.
What do you think the research questions were in this study? List 2 or 3 possible research questions (in question format) that may have been the focus of this experiment.
What happens when you put good people in an evil place? Does humanity win over evil, or does evil triumph? Does natural or innate evil exist, or is evil situational? Are certain people simply born "bad apples" or are they made evil by "bad barrels"?
What is "reality" in a prison setting? This study is one in which an illusion of imprisonment was created, but when do illusions become real? How quickly and easily will 'ordinary men' adjust to the roles as prisoners, guards and…
Asby, M.D. And S.A. Miles (2002). Leaders Talk Leadership: Top Executives Speak their Minds. Oxford.
"Frederick W. Smith: The Entrepreneur Who Created an Industry." (2003). IBS Center for Management Research. http://www.icmrindia.org/casestudies/catalogue/Leadership%20and%20Entrepreneurship/Frederick%20W%20Smith-The%20Entrepreneur-Leadership%20and%20Entrepreneurship.htm
Holstein, W.J. (2007). "Fred Smith's Golden Rule for CEO's." BNet, November 19, 2007. http://www.bnet.com/blog/ceo/fred-smiths-golden-rule-for-ceos-be-selfless/1061
Lussier, R.N. And C.F. Archua (2010). Leadership: Theory, Application and Skill Development. South-Western Cengage Learning.
Black Colleges Homosexuality
In order to create more egalitarian, prosocial, and productive campus environments, it is necessary to understand attitudes toward homosexuality and homosexual students. Lesbian, gay, bisexual, and transgender (LGBT) students experienced relatively high rates of substance abuse, depression, and stress related to discrimination, difficulties forming social relationships, and low self-esteem (Heck, Flentje & Cochran, 2011). As Kirby (2011) points out, "Having a negative self-concept plays a major role in youth suicides, in how well one does in school, and in how one interacts with society at large." Therefore, the need for a more supportive social environment on college campuses is a pressing one.
Unfortunately, traditionally white universities and historically black universities in the United States have addressed the needs of the LGBT student community differently. Historically black colleges and institutions are defined as "institutions classified as higher education that were chartered prior to 1964 and created with the…
Burleson, Douglas A. "Sexual orientation and college choice: Considering campus climate." About Campus 14, no. 6 (January 2010): 9-14. Academic Search Premier, EBSCOhost (accessed October 14, 2013).
Eisen, V., & Hall, L. (Eds.). (1996). Lesbian, gay, bisexual, and transgender people and education [Special issue]. Harvard Educational Review, 66(2).
Griffin, H. (2000). Their Own Received Them Not: African-American Lesbians and Gays in Black Churches. Theology & Sexuality: The Journal Of The Institute For The Study Of Christianity & Sexuality, 6(12), 1.
Heck, N.C., Flentje, A., & Cochran, B.N. (2011). Offsetting risks: High school gay-straight alliances and lesbian, gay, bisexual, and transgender (LGBT) youth. School Psychology Quarterly, 26(2), 161-174. doi:10.1037/a0023226
Confidentiality and Informed Consent
Confidentiality has for a long period of time been embedded as the foundation of professional social work values. This is primarily because social workers show honesty and respect through safeguarding the confidentiality of their clients. The significance of confidentiality in social work is demonstrated in the fact that it is basis of ethical standards that govern the social work practices. The need for social workers to protect clients' confidentiality is because the nature of their work involves being provided with confidential and private information of clients. One of the events or incidents that have played a crucial role in demonstrating the significance of confidentiality in social work is the decision of Tarasoff v. The Board of egents of the University of California. The process of informed consent and refusal play an important role in confidentiality in the therapist-client relationship.
Tarasoff v. The Board of egents of…
Fisher, C.B. & Oransky, M. (n.d.). Informed Consent to Psychotherapy and the American
Psychological Association's Ethics Code. Retrieved November 30, 2014, from http://e-psychologist.org/index.iml?mdl=exam/show_article.mdl&Material_ID=79
Fisher, M.A. (n.d.). Selected Ethical Standards About Informed Consent: Counselors (from ACA
Code of Ethics). Retrieved November 30, 2014, from http://www.centerforethicalpractice.org/ethical-legal-resources/ethical-information/ethical-obligations-informed-consent/selected-ethical-standards-counselors-from-aca-code-of-ethics/
Money can only be hoarded because it has no real use; it will not feed or cloth someone who is starving or cold. This implies that things like food and clothing, which have obvious and immediate intrinsic values, cannot be rightfully hoarded in most societies because this will cause injury to someone else.
This places a severe limit on the power of money in Locke's construct; though it is deemed acceptable to hoard any amount of gold and silver, and though this gold and silver can be used to purchase things of real value like land and other property, it is not acceptable to maintain control of vast amounts of this property at the expense of others. A lord may own the land, therefore, but only because men have agreed on the value of the money that the land was purchased with, and only as long as the landowner…
Locke, John. The Second Treatise of Civil Government. 1690. Accessed 12 July 2009. http://www.constitution.org/jl/2ndtreat.htm
John Locke. The Second Treatise of Civil Government, Ch. V, sec. 50. 1690. Accessed 12 July 2009.