The House of Lords decision in Bolitho (Bolitho

The House of Lords decision in Bolitho (Bolitho â€Å"The House of Lords decision in Bolitho (Bolitho v City and Hackney HA [1998] AC 232) is a belated and welcome departure from judicial deference to medical opinion but there is still too much deference and more has to be done†. Critically comment on the above statement. In any negligence claim, in order to succeed the claimant must show that he was owed a duty of care by the defendant, that the duty of care was breached, and that the breach of duty caused the damage complained of. [1] Kennedy and Grubb comment that the duty of care arises ‘from a request for medical services by an individual and a consequent undertaking by a doctor [or other health care professional] to provide these services. [2] Margaret Brazier has observed: ‘[a] patient claiming against his doctor †¦ usually has little difficulty in establishing that the defendant owes him a duty of care’. [3] The second stage of a clinical negligence action is to show that the doctor has br eached his standard of care. In any negligence claim, the standard of care is set by law and is an objective standard. [4] Words such as reasonable or responsible are normally attributed to such a standard. Such adjectives are not normally equated with a practice that is ‘common’ or ‘accepted’. With respect to medical negligence claims however, the law has not taken such a view. The case of Bolam v Friern Hospital Management Committee [5] has established that ‘a doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art’. The Bolam case was a decision at first instance, but was later approved by the House of Lords in Whitehouse v Jordan . [6] The courts have continuously taken a protectionist view of the medical profession in clinical negligence claims. Jackson acknowledges that this could be due to the complexity of medical eviden ce, but it could also be explained by a sense of professional solidarity. [7] The medical profession has been highly regarded in society, and the courts have also expressed their respect. In Wilsher v Essex AHA , [8] Mustill LJ comments: â€Å"For all we know, [The doctors in this case] far surpassed on numerous occasions the standard of reasonable care. Yet it is said that for one lapse they (and not just their employers) are to be held liable in damages. Nobody could criticise the mother for doing her best to secure her son’s financial future. But has not the law taken a wrong turning if an action of this kind is to succeed?† It is interesting to note the difference in policy in cases involving medical professionals. In other negligence cases, the courts have commented that the function of the law of negligence (and the law of torts in general), is to compensate injured parties for loss. The judiciary have had no moral objections to awarding damages in cases where they can apply the ‘deepest pocket’ principle. Thus, in Nettleship v Weston , [9] Lord Denning had no problems in asserting that a learner driver would be held to the same standard of a competent driver (competent would be ascertained on an objective basis by the court), as the driver would be insured and thus, the law will award damages from the deepest pocket. Yet, there has been considerable hesitation in holding doctors negligent for public policy reasons, despite the fact that doctors will be also be insured. Furthermore, doctors working in the NHS will generally not be personally held accountable for the negligence – the action is brought against the Trust vicariously and NHS Trusts in England and Wales are part of an ‘insurance like’ scheme, the Clinical Negligence Scheme for Trusts (CNST) administered by the NHS Litigation Authority.

Importance of the UK travel and tourism industry Essay

Importance of the UK travel and tourism industry - Essay Example In "Importance of the UK travel and tourism industry" essay, the author gives full analysis of the tourism sector in the United Kingdom, including outbound, inbound and domestic tourism. After three years of downturn for the tourism industry, it robustly rebounded in 2004 with more than 760 million arrivals globally – an increase of around ten percent over 2003. This was indeed a welcome change after three years of stagnation following the September 11 attacks, the SARS crisis and the Iraq war, almost all destination markets recorded substantial growth. It is estimated that there are 1.4 million jobs in tourism in the UK, some 5% of all people in employment in the UK amounting to more jobs in tourism than in construction or transport put together. Of these, approximately 130,400 of these jobs are in self-employment. The broader perspective of the Travel & Tourism economy (direct and indirect) is expected to create 16,590 new jobs for the UK economy for a total of 2,857,300 job s dependent on Travel & Tourism or 9.3 percent of total employment. Domestic tourism: The total revenue garnered was to the tune of  £13.7 billion in 2003 by the UK residents and they took 70.5 million holidays of one night or more. Of these 22.3 million was business travel comprising of overnight business trips spending  £6.1 billion while the rest was leisure travel amounting to 34.3 million overnight trips to friends and relatives spending  £3.4 billion, overall with an expenditure estimated to be over  £59 billion in 2003. ... The top five overseas markets for the UK in 2004 were: Country Visits (000) Country Spend ( m) USA 3,616 USA 2,400 France 3,254 Germany 825 Germany 2,968 France 769 Irish Republic 2,578 Irish Republic 760 Netherlands 1,620 Spain 618 (Source from website The UK industry is expected to benefit from strong inbound traffic to post GBP34.9 -13824 (US$66.6 billion) in total Visitor Exports in 2005 or 11.5 per cent of total exports. Outbound Tourism: The number of visits abroad made by UK residents has almost tripled since 1984, to a record 64.2 million visits in 2004. Two-thirds of these visits abroad were holidays, just under half of which were package holidays. Spending on visits abroad by UK residents increased to a record 30.3 billion, a fourfold increase between 1984 and 2004 in real terms, and a 10 per cent increase between 2003 and 2004. (Source from website) Domestic tourism: The total revenue garnered was to the tune of 13.7 billion in 2003 by the UK residents and they took 70.5 million holidays of one night or more. Of these 22.3 million was business travel comprising of overnight business trips spending 6.1 billion while the rest was leisure travel amounting to 34.3 million overnight trips to friends and relatives spending 3.4 billion, overall with an expenditure estimated to be over 59 billion in 2003. Expenditure from domestic and inbound tourism 2001 ( billion) 2002 ( billion) Spending by overseas residents Visits to the UK 12.8 11.3 Fares to UK carriers 3.5 3.2 Spending by domestic tourists Trips of 1+ nights 26.1 26.1 Day

Competent to Counsel...by Jay Adams Essay Example | Topics and Well Written Essays - 750 words

Competent to Counsel...by Jay Adams - Essay Example The first chapter of the book, 'Christianity and Psychiatry today', deals with psychiatry in general in relation to Christianity. According to the author, "psychiatry, that illegitimate child of psychology which historically has made the most grandiose claims, is itself in a serious trouble." (Adams, 1986, P 1). The main subtopics of the chapter include 'Psychiatry is in Trouble', 'The Freudian Ethic', 'Freudian Theory and Therapy', 'The Revolution in Psychology', 'Freud: An Enemy, not a Friend', and 'Where Does This Leave Us'. The ideas disseminated through the various chapters of the book, especially with regard to nouthetic counseling, have a great relevance to the ministry of a pastor in developing a general approach to Christian counseling and specific response to particular problems faced by the people. The second chapter of the book, 'The Holy Spirit and Counseling', establishes that counseling is the work of the Holy Spirit and effective counseling cannot be done apart from Him. "Counseling, to be Christian, must be carried on in harmony with the regenerating work of the Spirit. The Holy Spirit is called 'Holy' because of his nature and his work. All holiness stems from His activity in human lives. All of the personality traits that might be held forth to counselees as fundamental goals for growth (love, joy, peace, patience, kindness, goodness, faithfulness, gentleness, self-control) God declares to be the 'fruit' of the Spirit." (Adams, 1986, P 20). Through the main sub-topics of the chapter, 'Counseling is the Work of the Spirit', 'How does the Holy Spirit work in Counseling', 'The Holy Spirit's works through Means', 'The Holy Spirit's Work is Sovereign', and 'The Holy Spirit Works by means of His Word', the author establishes the link between counseling and the Holy Spirit. The next chapter, "What is Wrong with the Mentally Ill", deals with the issues related with psychological problems of the individuals through the analysis of the case of Leo held. To the author, mental illness is a misnomer and he discusses other topics such as 'People with Personal Problems often use Camouflage', 'Homosexuality Fits the Pattern', and Adrenachrome or Schizophrenia' In the fourth chapter of the book, "What is Nouthetic Counseling", Jay Adams investigates the various aspects of nouthetic counseling in relation to the works of the Church and the main points include 'Nouthetic Confrontation: By the Whole Church', 'Peculiarly the Work of the Ministry', 'Three Elements in Nouthetic Confrontation', Nouthetic and the Purpose of Scripture', 'Nouthetic Involvement', 'Love is the Goal', 'Authoritative Counseling', 'Failure in Nouthetic Confrontation', 'Some Reasons for Failure', 'Qualifications for Counseling' and 'Pastoral Applications'. As the author establishes in the chapter, Jesus Christ is at the center of all true Christian counseling and the nouthetic activity specifically characterizes the work of the ministry. "Nouthetic confrontation consists of at least three basic elements. The word is used frequently in conjunction with didasko (which means 'to teach') Nouthetic confrontation always implies a problem, and presupposes an obstacle that must be overcome; something is wrong in the life of the one who is confronted." (Adams, 1986, P 20). Therefore, the author gives convincing explanation of Nouthetic confrontation and helps us realize nouthetic counsel