Case Study Example | Topics and Well Written Essays - 1500 words

Case Study Example The investigations carried out on her husband’s semen did in fact reveal no anomalies. The patient has been offered some antibiotics to improve on her situation prior to a myomectomy being carried out. The couple have been advised to consent to a hysterectomy to solve the problem but have declined since they will be requiring their own children in future. The lady has been found to have a permanent condition on her uterus which can cause relentless bleeding and pain. This condition could also be easily responsible for the lady’s infertility problem. The patient could not be informed of the above conditions since she was under anesthesia. Her husband however consented to the operation despite his spouses disapproval. The consent given by the woman’s husband tends to contravene the ethics of medicine regarding the issues of justice, beneficence, nonmaleficence and autonomy of a patient undergoing such a procedure. The doctor has also been unethical by infringing on his patient’s autonomy and beneficence by disclosing her condition to her spouse without consent . He is however justified in disclosing the condition since the condition may affect their marriage and future. Both the doctor and the husband may also infringe on the principle of non-maleficence since the operation could do more harm than good to the woman despite her not consenting to the procedure. This could end up bringing injustices to the woman and her future in their marriage. Finally, the doctor contravenes the principle of beneficence which suggests that he should act in the best interests of his patient. The doctor will be infringing on his patients right of deciding whether or not she should undergo the operation . A nurse at the hospital has raised concerns regarding the consent given by the husband allowing the doctor to proceed on the operation on his wife. The nurse objects to the operation

Liability for Negligent Misstatement Essay Example | Topics and Well Written Essays - 2000 words

Liability for Negligent Misstatement - Essay Example It has been said that the critical point regarding liability for negligent misstatement is not the expertise of the adviser, but the dual requirements of assumption of responsibility by the adviser and reasonable reliance upon that advice by the other party. Changes have been happening in the last decade in Australian negligence law, both in respect to negligent advice and negligence causing pure economic loss (Baker and Manderson 2001). These are reflected in the nuances in the decisions arrived at by the High Court of Australia of the following cases. Case 1: San Sebastian Pty. Ltd. v. The Minister (1986) 68 ALR 161 (Database HCA/1986/68.html). Appellant companies in the High Court of Australia are business developers who sued respondents in the Supreme Court of New South Wales for their loss from alleged negligence of the State Planning Authority and the Council of the City of Sydney, in the preparation and publication of a plan for the redevelopment of the Woolloomooloo area of Sydney City, and also for failing to warn the appellants of the subsequent abandonment of the plan. In giving advice or information, a representor is said to be under a duty of care if the following are satisfied: 1) The representor realizes or ought to realize that the representee will trust in his especial competence to give that information or advice; 2) If it would be reasonable for the representee to accept and rely on that information or advice; and 3) If it is reasonably foreseeable that the representee is likely to suffer loss should the information turn out to be incorrect or the advice turn out to be unsound. (Database HCA/1986/68.html). The decision of the High Court which ended with a dismissal of the appeal said that the condition of reasonable reliance is unsatisfied and that even both parties believed falsely that the plan was feasible, if there is no fraud, the defendants not liable to compensate the plaintiffs for the losses they incurred in relying on the feasibility of the plan. The representation or that which caused the loss complained of is limited, the court said. The Council and the Authority did not induce any developer to buy property in simply saying "this plan is feasible," the High Court said. In the case at bar, such duty of care did not result between the giver of information and the intended user because it could reasonably be expected that the recipient would seek independent advice before relying on the statement, especially for a serious business purpose. The case is relevant and supports the proposition. The proximity relationship (second requirement) was all the more appreciated because distinctions were made between private and public officials and their functions. Case 2: Tepko Pty Ltd and Others v Water Board, High Court of Australia, 5 April 2001 [2001] HCA 19; (2001) 178 ALR 634 (In Sykes 2001). By a 4 to 3 majority, the High Court upheld the trial judge's finding that there was no duty of care owed in making a particular costs estimate. The three plaintiffs and appellants to this appeal were Tepko Pty Ltd, Mr. Neal's company and Mr, Neal himself, who was one of three shareholders in Tepko, and the defendant was the Water Board. As recorded in Stykes (2001) - In the early to middle 1980s the plaintiffs were involved in a proposal to subdivide for residential development dairy farmland owned either by Tepko or Mr. Neal which

The Significance of Organizational Structure Assignment

The Significance of Organizational Structure - Assignment Example The values of the employees must likewise be aligned with those that the organization is trying to promote. All these characteristics are evident in how the FMC Aberdeen facility manages its daily affairs. Judging from how the employees effectively interact with each other and with the members of the management, one can easily that the FMC Aberdeen facility has effectively established a strong organizational culture. There are various factors to consider when trying to restructure an organization. These same factors are likewise important considerations when one makes an attempt to redefine the culture that prevails in the organization. With regards to Kenneth Dailey's efforts to parallel FMC Green River's organization with that of FMC Aberdeen, he bears in mind that doing so will not be easy. For one, the prevailing structure in the facility that he manages has been in place since the facility opened. Moreover, restructuring the organization will require major changes in various aspects of how the FMC Green River facility is run. However, such a task is not impossible to complete. There are certain steps that must be taken to ensure the successful restructuring of the FMC Green River organization.One of the strategies that Dailey must consider implementing is the greater involvement of employees in all stages of decision-making. This strategy is effective and valuable for several reasons. For o ne, when employees participate in various stages of the process, they feel that they are more valuable to the company. By doing so, the management will be able to increase the job satisfaction of employees. Various studies have proven that when employees are highly involved in the organization, they are more motivated to perform and thus, they become more productive. Furthermore, increasing employee involvement is a vital strategy to consider because employees usually know more about the processes in the company. Their input is vital to the creation of various organizational strategies. They are the ones who have hands-on experience in the company. As such, their input is valuable to the planning and implementation of various decisions regarding the operations of the company.Another important strategy that Dailey must consider is the improvement of communications between employees and management. As previously stated, employees can provide valuable ideas with regards to company oper ations. Likewise, more open communication channels will facilitate the exchange of information between employees and management. If an organization is to retain a strong culture, communication between its members must not, in any way, be hindered. Everyone must feel as if they are valued in the organization. As such, they must be provided equal access to voicing out their thoughts and ideas.