The Quality Of Care Of The United States Health Care System

The quality of care In the United States Health Care System, unlike a lot of people’s perceptions, is not the best in the world. In fact, Rose Ann DeMoro, the Executive Director of National Nurses United, Which happens to be the nation’s largest professional association and union for registered nurses, wrote in â€Å"How US Private Insurance Healthcare is Failing,† â€Å"A study published [in June 2011] from the university of Washington in collaboration with researchers at Imperial College London found life expectancy rates in eighty percent of US counties were fare behind the standard set in the top ten nations† (DeMoro 2).Also, in a study shown in â€Å"Forbes† America’s quality of care ranked fifth out of eleven industrial nations: Australia, Canada,†¦show more content†¦He later had to be rushed back to that very same hospital merely days later were it was confirmed that he indeed was suffering from Ebola. Duncan was pronounced d ead at Texas Presbyterian October eighth (Sanders 2). This incident spot lights a problem with the American Health Care System. Even as Rebecca Hersher, An National Publican Radio (NPR) reporter, stated, â€Å"Many [Liberians] noted how different Duncan’s experience in the U.S. health care system seemed from white patients who contracted Ebola, like Dr. Kent Brantly†¦Ã¢â‚¬  (2). At first the hospital defended itself issuing the statement,† He was treated ‘with the same high level of attention and care that would be given any patient, regardless of nationality or ability to pay for care.’ But the hospital also acknowledged that it failed to properly diagnose Duncan when he first showed up†¦Ã¢â‚¬  (2). In the end, the hospital settled with Duncan’s family out of court for an undisclosed amount, and are going to make a charity in his name (2). Yet, it seemed the lack of quality care did not stop at just missing Duncan’s diagnoses. Tw o of the nurses caring for Duncan contracted Ebola. One of them was Nurse Nina Pham. â€Å"Pham, 26, was the first person to contract Ebola on U.S. soil† (McCallister 1). It would seem the hospital was not equipped or trained to deal with an Ebola patent (2). She, like Duncan’s

The Pros and Cons of Xenotransplantation Organ Donations

Xenotransplantation The topic I would like to talk about today is called xenotransplantation. If you haven’t ever heard about xenotransplantation that’s okay, a lot of people haven’t. As you know many of the people who need organ donations need them because of new and old health issues. The worldwide demand for organs far surpasses the supply. A study done by the United Network for Organ Sharing in 2004 found that over one hundred thousand patients could have benefited from an organ transplant but only twenty-nine thousand were available. In the United States alone seventeen patients die each and every day while on the waiting list to receive a donor organ. Scientists have been trying to find a solution for the lack of donated organs.†¦show more content†¦A number of factors could greatly magnify the risk of spreading serious disease. At least it could theoretically, you can’t know for sure until they have put an organ into a human body. On a different note the proce ss is not very nice to animals. To some people this doesn’t seem like a big deal but to others it is a huge deal. The question is, do we have the right (morally) to use animals like this. The animals may suffer from the necessary conditions they have to be raised in. The animals have to be delivered by cesarean and kept isolated, causing emotional suffering in social animals like pigs. Some people are okay with that because they think that animals were meant to help us survive, which is why we eat them and use them for other necessities such as clothes. But others think that it is wrong to genetically modify them and to make them suffer for our own well being. Whatever your opinion is, that’s all it is. There is no fact saying if it is, or isn’t okay to use animals like that. That has been a controversial issue for a very long time. I think that xenotransplantation could be an amazing option for people that have no other choice. I don’t think that it sho uld replace organ donation but for people who are going to die before they would get to the top of the waiting list it would be a fantastic alternative. In my opinion I think that we should look into how to make organ donation a more popular decision. We could study the ways that have worked so far andShow MoreRelatedIs the Use of Transgeneric Organisms Essential to the Advancement of Therapeutic Medicine?1315 Words   |  6 Pagescertain medical procedures in the future. Complicated procedures such as organ transplantation have been made more successful with the use of genetic modification. Lab-grown bladders, windpipes, blood vessels and skin are some examples of organic matter that have been successfully grown with human cells and transplanted into human patients. The demand that the human population has on donor organs far exceeds the number of organs available for transplant. Genetic modification is the solution to thisRead MoreOrgan System For Organ Organs1798 Words   |   8 Pagesthe question posed in discussing the sale of human organs. There is undoubtedly a need for donor organs. According to UNOS, every ten minutes a new person is added to the donor waiting list and an average of twenty two people die a day waiting for an organ they will never receive. UNOS, the United Network for Organ Sharing, is a non-profit organization founded in 1984 that regulates organ allocation in the United States.The allocation of organs it based on many factors, including availability locally

Honesty Versus Justice and Due Process Versus Crime Control Free Essays

Honesty versus Justice and Due Process versus Crime Control Lisa Moore University of Phoenix Ethics in Justice and Security CJA 530 March 07, 2010 Roger Long JD Honesty versus Justice and Due Process versus Crime Control The criminal justice system is built on a foundation of honesty and justice. For justice to work, the justice system, and criminal justice professionals must be honest. The word honesty, describes an individual that doesn’t lie, cheat, steal, or abuse to get ahead for personal or professional gain. We will write a custom essay sample on Honesty Versus Justice and Due Process Versus Crime Control or any similar topic only for you Order Now The word justice describes the concepts of moral rightness based on ethics, rationality and fairness. How can there be justice if the guilty go free or if the innocent pay for crimes he or she never committed. â€Å"In order for this to occur, our legal system must be one that demands absolutely honesty, such as when someone is called to testify he or she is asked, Do you swear to tell the truth, the whole truth, and nothing but the truth? If false accusations and false evidence are presented against the innocent, they will be punished as if they are guilty† (RealPolice, 2000). The place of honesty in a system that promotes justice has sparked a controversial issue among the Criminal Justice world, that honesty could be put on the back-burner when pursuing justice. For example when officers present false evidence to prosecutor in order to have a case against the accused when they believe he or she will not be found guilty. A good example of deception by law enforcement occurred in 1993, when â€Å"Craig D. Harvey a New York State Police trooper was charged with fabricating evidence. Harvey admitted he and another trooper lifted fingerprints from items the suspect, John Spencer, touched while in Troop C headquarters during booking. He attached the fingerprints to evidence cards and later claimed that he had pulled the fingerprints from the scene of the murder. The forged evidence was used during trial and John Spencer was sentenced to 50 years to life in prison† (New York Times, 1993. ) It is â€Å"important that the officials within the justice system be held to higher standards in moral and ethical behavior. As the law enforcement arm of our legal system, Law enforcement officers take a front-line role in activating the laws our legislators create. If they arrest those they know are innocent, create fake evidence against the innocent, or otherwise undo the requirement of honest and honorable behavior, they undo the processes of the justice system from the very beginning, and therefore corrupt the whole process† (RealPolice, 2000). Honesty and justice are the entities that we depend on to distinguish between right and wrong, good and evil, legal and illegal. We depend on justice to keep us safe from evil and allow us to live our lives in harmony and peace, without chaos. According to John Locke (1690), we, as citizens, give up sovereignty to a government or other authority in order to receive or maintain social order through the rule of law under the Social Contract Theory. Crime control and due process models are â€Å"two competing systems of values operating within criminal justice, the tension between the two accounts for the conflict and disharmony that now is observable in the criminal justice system† (Hoffman, p. 12, 2000). Although they are both different systems both impact the way our judicial system is ran. â€Å"When comparing the due process and crime control models, it should be kept in mind that proponents of both models embrace constitutional values† (Hoffman, p. 11, 2000). The concept of Crime Control Model is to get the criminal off the street and to protect the innocent. â€Å"The Crime Control Model could perhaps be seen in a negative mannerism due to the fact that it assumes the alleged criminal is guilty even before they step foot into the court, this model supports those actions of the police and prosecutors to the fullest extent† (Zalman, p. 3, 2002). This â€Å"model moves the alleged criminal through the system with the forethought that everyone is guilty until proven otherwise, and also limits the amount of plea-bargaining and appeals. The main objective of the criminal justice process should be to discover the truth or to establish the guilt of the accused† (Hof fman, p. 11, 2000). The â€Å"Due Process Model resembles an obstacle course† (Zalman, p. 13, 2002). â€Å"This system is far more realistic in the fact that it leaves room for error. It does not automatically assume that the alleged criminal is guilty before the case is proven. This system does not want to risk prosecuting an innocent person† (Zalman, p. 13, 2002) it â€Å"demands the prevention and elimination of mistakes to the extent possible. The Due Process Model is said to be â€Å"suspicious of those who are power hungry and merely looking to convict. The difference between the two models in this sense is that the Crime Control Model is based upon factual guilt and the Due Process Model is based upon legal guilt† (Zalman, p. 14, 2002). â€Å"Due Process is also based upon equal treatment of the defendant. The reason that this is believed is because it is felt that errors are the cause for an invalid conviction. While the Crime Control Model strongly contradicts this view it can sometimes hinder a person’s rights within the system† (Zalamn, p. 14, 2002). In the case of Charles Manson, the crime control model, was swift and took the criminal off the streets. â€Å"Manson was found guilty of conspiracy to commit the Tate and LaBianca murders, carried out by members of the group at his instruction. He was convicted of the murders themselves through the joint-responsibility rule, which makes each member of a conspiracy guilty of crimes his fellow conspirators commit in furtherance of the conspiracy’s object† (Linder, 2002). The case of â€Å"Roe v. Wade is a good example of the due process model, making it a crime in under Texas law to assist a woman to get an abortion violated her due process rights. The Court held that a woman’s right to an abortion fell within the right to privacy protected by the Fourteenth Amendment. The decision gave a woman total autonomy over the pregnancy during the first trimester and defined different levels of state interest for the second and third trimesters† (Oyez Project, 2010). Both models have been opposing each other for years, the crime control model used by law enforcement is based on the assumption that the evidence in a case is reliable and factual not fabricated. Under the due process model the individual charged with a crime will have his or her rights protected To determine that one model is better than the other one would have â€Å"to make a value judgment. Crime control reflects conservative values, whereas due process model reflects liberal values. In my opinion the due process model is unbiased, and follows the principles of the Declaration of Independence† (Hoffman, p. 1, 2000). Too bad the two models cannot come together to form a model that would work for everyone. References (1993) â€Å"Police Investigation Supervisor Admits Faking Fingerprints† The New York Times Retrieved March 7, 2010 from http://www. nytimes. com (2000) â€Å"Honesty in the Justice System† RealPolice Retrieved March 7, 2010 from http://forums. rea lpolice. net Hoffman, D. (2000) â€Å"Great Debate in Criminal Justice: Should the Crime Control Model or the Due Process Model Prevail† Criminal Justice Cliff-Notes pgs. 1-12 Retrieved March 7, 2010 Linder, Doug (2002) â€Å"The Charles Manson (Tate-LaBianca Murder) Trial† UMKC Law Retrieved March 7, 2010 from http://www. wikipedia. com Locke John (1690) â€Å"Two Treatises Government† Project Gutenberg (10th edition)Retrieved March 7, 2010 from http://www. gutenberg. org/dirs/etext05/trgov10h. htm The Oyez Project, â€Å"Roe v. Wade, 410 U. S. 113 (1973)† Retrieved March 7, 2010 from http://oyez. org/cases/1970-1979/1971/1971_70_18 Zalman, M. (2002) â€Å"Analysis of the Crime Control and Due Process Models† Criminal Procedure: Constitution and Society Retrieved March 7, 2010 from http://www. associatedcontent. com How to cite Honesty Versus Justice and Due Process Versus Crime Control, Essays

Law of Business Association Corporations Act

Question: Discuss about the Law of Business Associationfor Corporations Act. Answer: Issue The main issue is to determine whether the company is bound by the contract. Rule Any document or letter (without seal) extended to the third party, on behalf of the company would be considered as legal document only if it has signed by the following entities under the Section 127 of Corporations Act 2001 (Cth). Two directors of the company One director and a secretary of the company In case of sole proprietary firm, letter extended by the sole director According to the Section 129(3) and Section 129(4)[1], an individual person would be considered as officer or agent of the given company if the following conditions are fulfilled[2] Person has been duly authorized by the company Director of the company has extended the authorization to agent to work on behalf of the company. Moreover, it is essential to note that if the third party has received any of the above mentioned documents then in such cases, the third party can rely on the details mentioned in the document. Further, under the subsection 128(3)[3], an outside party can rely on the assumption that the concerned agent is authorised to enter into a legal relation, irrespective of the fact that the authorization mentioned in the document is correct or not. This understanding is also reiterated in the indoor management rule as per which, the outside party can enter into the contract with the agent of the company assuming legal authorization if no reasonable suspicion is present. If the agent does not have the requisite authority, then also the company is liable to discharge the contractual obligations.[4] The leading case in this scenario is Royal British Bank v Turquand[5] case. The only condition to be fulfilled is that the outsider has entered into the contract in good faith and does not know about that the agent does not have such authority. Application Case Facts Harry who is the managing director of the given company has extended the authority to William to enact a contract with the third party. William is bankrupt and cannot act as a director of the company. Harry has also provided a letter addressed to the other party that William is a director of the company and hence, has the authority to form a contract. The third party was not aware about the fact that William has been instructed to only negotiate the contract but lacked the authority to enter into the contract. However, William signed the contract with the third part as an agent of the company. It is apparent that William had been authorized as an agent of the given company by the managing director Harry, irrespective of his bankruptcy. Moreover, Harry has extended a letter to the third party clearly stating that William has the authority to enter into a contract. The third party was not aware about the fact that William is a bankrupt and does not have the legal authority to enter into contract. Under the provision of indoor management rules, the rights of third party are protected if they enter into contractual relation with company in good faith. Clearly, in this case the outside party also had no clues about the internal understanding which was not documented in the letter sent. Therefore, a legal contract has been enacted between the company and third party. In this scenario, it has been assumed that the third party was aware about the fact that Harry was only acting but not appointed as managing director and thus, no contract would be enacted between the parties. This is because the outside party cannot assume protection under Section 128 as Harry is not a director as defined by Section 129(2).As a result, it is quite possible that the powers may be curtailed and hence the contract should have been enacted by the company only after confirmation from a appointed director about the authorization of the agent executing contract on companys behalf. Conclusion In the first case, a legal enforceable contract has been formed between the third party and company is liable to perform the contractual obligations or else the third party can sue the company for breaching the contract. In the second case, no contract has been enacted between the parties under the assumption that the third party is aware that Harry does not have the position of managing director. Issue The central issue is to determine whether the contract has been executed between the concerned parties and to comment whether bank can enforce the guarantee against the company. Rule Under the verdict of various case laws and Section 127, it is apparent that in order to create a contract between the parties, the contractual documents must be signed by the following entity of the company[6]. The company has only one director and a secretary then it is essential that the document must be signed by the director and the sole secretary of the company. The company has two directors then it is imperative that both the directors must sign the document in order to recognise as legal document for the enactment of the contract. The company is functioning as a sole propionate firm then the signature of a director would be essential to enact a contract. It is noteworthy that if the contractual or guarantee document does not comprise the seal of the respective company and company has two directors, then it is pivotal that both the directors sign the document in order to create legal relation of perform any work on behalf of the company under the Section 127. Duly signed document on the part of the both the directors under the subsection 127(1)[7] would result execution of the contract and the third party can assume that the information provided in the document is correctly represented and they can rely on the assurance provided[8] Further, as per Section 126, the contract can be formed by the agent of the company if the agent has authorized by the company in the accordance of agency law. Moreover, a company is considered a legal entity itself under the common law and the agent who is working on the part of the company can enact the contract with the third party. The representation made by the agent of the company would enforceable on the company, irrespective of the fact that the principal has authorized the agent for that relevant work or not. Indoor management rule will protect the rights of the third party, under the condition when that party was not aware about that the person is authorized to perform such acts, contracts or working fraudulently on behalf of the company under the highlights of Section 128 (4)[9] of Corporations Act 2001 (Cth). In such scenario, the company has the liability to perform the duties as promised or enacted by the agent. Application Case Facts: Maria and David are the two directors and shareholders of a company. Maria has borrowed $100,000 from bank for companys progress and for some private work. Maria has taken the money on her own name and she has provided a bank guarantee from the company. Moreover, Maria has signed the loan documents and she also put fraudulent signature on behalf of David. David is not aware about this act of loan and fraudulent signature on the part of Maria. It is apparent from the relevant law and case facts that guarantee document contains the signature of both the director, which is essential in order to execute a document. However, it is evident that Maria has fraudulently signed the guarantee on behalf of David. Bank which is third party in this case, does not know that Maria has fraudulently signed the contract because of the different handwriting. They are aware that Maria and David are the two directors and the guarantee document must contain both the signatures, which is a prerequisite under the section 127. Further, Maria is working as an agent on the part of the company and has the authority to create legal relationship with the outsiders. Moreover, it is noticeable that the act of Maria comprises dual purposes i.e. progress of the company and also private use. Further, the act of the agent on behalf of the company for the progress of the company would be considered as enforceable contract. Therefore, a contract has been enact ed between the parties and Maria has acted as an agent for company and her contract with the Bank is enforceable on the company despite the fraudulent signature as the indoor management rule would seek to upheld the interest of the bank as it was not aware. Conclusion It can be concluded that if Maria does not meet the repayment of the loan, then Bank can enforce the guarantee against the company and the company would have to repay the outstanding loan amount.