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

Burnaston Vs Valenciennes, battle of the car plants. :: Economics

Burnaston Vs Valenciennes, battle of the car plants. Bosses at Toyota tonight face a difficult decision tonight at where to locate their new manufacturing plant. The options they have are either Burnaston in Derby where they have a well-established plant along with experience workers or the town of Valencieennes in northern France. Here at the financial Times we have had a debate about which one they should go for. Burnaston: There are many advantages of them expanding on this site. They have a well-established work force with skilled labourers and a lot of room for expansion. They produce a total of 200 000 cars a year which provide 5% of the U.K with Toyota cars. Unfortunately they will receive no government funding for the extra project, as Derby has a high level of employment. Also it is unlikely to lift the sales of Toyota cars in the U.K so they will be paying a lot out in transportation costs over to the EU. They have the benefit of experience on their side and the fact they would only be paying 10% tax for each employee where as in France it is 45% tax a considerable amount more and they wages would be higher. Valenciennes: The advantages of basing they new factory here are greater than in Derby. They would receive 10% of the total factory price from the government along with waiving some of the employment taxes for a fixed period of time and would provide training grants for workers, as Valenciennes is a town of high employment levels unlike Burnaston. They would have a new Green field site but would have no utilities so would have to lay them on. They would be close by to motorways and rail links to the rest of Europe and the channel tunnel where they would transport engines from Derby. The idea of opening a plant in France is to raise the amount of Toyotas in France from 1.1% to 5% of a few years as it would be easier to transport them around France. They would also hope to transport them around the continent, as they would be near to major European countries such as Germany, Belgium, Spain and Italy. This is an advantage on Burnaston, as it would cost more to transport to the other EU countries from there. We think that Toyota should build the new base in France for a variety of reasons. They would receive more government funding for building in France as they have high levels of unemployment so a large corporation would be welcomed. They would also receive grants for training, as the

Ukraine Turmoil Essay

May 2014 In today's world, it seems like there is â€Å"bad† news everywhere in the world. Ukraine is one location where they have been having turmoil. Recently, Ukraine has had some complications with intergovernmental protesters, sometimes it led to death. These protestors are trying to have their voices heard regarding President Victor Hancock rejection to the agreement with the European union in November 2013; it was said that there were stronger ties with Russia, The protestors were outraged because they wanted to Integrate with Europe. Some protestors believed thatHancock was striving for power and wasn't serving the interests of his people. Hancock actually signed into law ten interposes laws that the Parliament of Ukraine created. This will take away freedom of speech; affect the non-governmental organizations, as well as many others. This seems to make sense when you look at the history of the Ukraine. For centuries, there have battles over Ukrainian position between East and West. In the 17th century, Eastern Ukraine was under Russia imperial rule. In the west there were shifting control of European powers, such as Poland and the Castro-HungarianEmpire. This might help explain why the west is more likely to choose â€Å"Western- leaning politicians† (Contact) and is more Ukraine-speaking with a Catholic influence; whereas, the east is more Russian-speaking and Orthodox. Throughout the earlier years, Ukraine has been overtaken by competing powers and a division was being made. The division was amongst the peoples' beliefs and views; some saw the rule of the Russia imperial and Soviet union was a good thing, while others believed it was a tragedy. In the 16 the and 17th century it seemed that Poland had some control, but not after a war betweenDastard of Russia and the Polish-Lithuanian Commonwealth. In the asses, Soviet leader Joseph Stalin led millions to their deaths through starvation. In order for him to repopulate the east, he brough t In large numbers of Russians and soviet citizens, who spoke no Ukrainian and had no ties to the region. Looking at a map, it seems like there is a natural divide between the south/east and the north/west, which are known as the steppes, where the southern and eastern portions are more farming land and the northern and westerns are more forests.The protests In the Ukraine have created uproar for the country and have turned Into much more than what was expected. It seemed to start out about Europe, but now It seems more like â€Å"protests over democracy and the end of corruption† (Contact). Many people want the corruption to end and a new president to be assigned. There is also a political division between the older and younger generations. The European Union said that becoming a member could be worth billions of euros, which would help their economy. The E also wants to help clean up the damages (BBS) on democracy and human rights.

Relationship Between Cross Counseling Outcome And Language...

The research paper, A Qualitative Study of the Relationship Between Cross-Counseling Outcome and Language Preferences for Bilingual Clients by Lingyan Gao explores the patterns underneath the nature of multicultural counseling, while identifying the role of language in cross-cultural therapy, and focused on the need for language services for bilingual/bicultural clients. In addition, the study hoped to enhance counselors’ multicultural competency in order to better service future clients. The author provides clear objectives and goals to the present study as well as easily differentiates the independent and dependent variable for the reader. The author also provides an appropriately designed quantitative experimental study to gain more knowledge on this topic. The use of an experimental study design is appropriate for the research being conducted. The experimental study design has the ability to demonstrate the cause and effect of the three different types of therapeutic exper iences varying in use of language. Through the use of this study design the author is able to determine which therapeutic language setting is most effective. The author has chosen to use three reliable and valid assessment instruments used in previous research to help quantify the findings, however this area of the procedure section is challenging to understand due to the wording. The author may choose to reword this section in order to provide a clearer understanding for the reader. In addition, itShow MoreRelatedNurse Practice Registered Nurses3962 Words   |  16 Pagesother healthcare providers in the area address this community, our bicultural and education services will be unique at this time. 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Treatment Of Drug Use And Drug Abuse Essay - 2194 Words

According to the National Institute on Drug Abuse (2012), the intention of drug addiction treatment is to help addicted individuals stop compulsive drug use and drug-seeking behavior (p. 8). Substance use is a timeless practice of cultures around the world and can be found in religious ceremonies, celebratory engagements, and family gatherings. Substance abuse and addiction has also been lurking in the shadows of history and has morphed into what some are calling an epidemic today. Treatment for addiction is a necessary service all over the world, but the methods and modalities of its practice have changed throughout history often being molded by federal policy. In the following pages I will discuss some of these changes to treatment in the 20th century in the United States. According to Henninger and Sung (2014), in the late 1940s the Minnesota Model was introduced as a new method to treat alcoholism. The Minnesota Model included mutual respect for participants instead of shame and degradation. One of the first facilities to utilize the Minnesota Model was Willmar State Hospital in Minnesota. The Willmar State Hospital staff eventually developed the model which was based on insisting that treatment include a multidisciplinary and holistic approach. The staff at Willmar also believed that professionalization of addiction treatment was necessary to appropriately treat patients. This progression of change to the Minnesota Model would mean that doctors, nurses,Show MoreRelatedIllegal Substance Abuse And Addiction1196 Words   |  5 PagesIllegal substance abuse and addiction can have far-reaching negative impacts that affect not only the people who abuse drugs but also their friends, family members, the community, and government resources. 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Prohibition on the basis of repressive law enforcement not only seems to fail on a large scale, but also to create vast additional costs, problems, and harm for drug consumers, who often find themselves in extreme social, economic, and health conditions† (Fischer 1995: 389). Western countriesRead MoreDrug Abuse Essay894 Words   |  4 PagesDrug abuse is a disease where people compulsively seek and use drugs knowing the harmful consequences (Nida, 2017). Most of Americas top social problems relate to or are impacted by drug abuse: drugged driving, child abuse, violence, and stress. Drugs take an immense toll on our society at many different levels. This includes health care expenditures, lost earnings, and costs associated with crime and accidents (Nida, 2017). 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Drug abuse generally leads a person down the path toward drug addiction, but not every individual who abuses drugs becomes an addict. The definition of drug abuse continues to change because the term is subjective and infused with the political and moral values of the society or culture one lives in. An example