Prior Restraint

Prior Restraint
November 17, 2016 Jess Drapkin Mr. Schneider Period 6 AP Gov. 6 Case Briefs Near v. Minnesota
(1931): In the case Near v. Minnesota (1931), Jay Near published a sheet in a Minneapolis paper in
which he attacked local officials, claiming that they were involved with gangsters. Minnesota
officials filed and won an injunction to prevent Near from publishing his newspaper under a state
law that said the injunction was legal the "Gag Law". The law stated that any person "engaged in the
business" of regular publishing or spreading an "obscene, lewd, and lascivious" or a "malicious,
scandalous and defamatory" newspaper or periodical was guilty of a nuisance, and could be stopped
from saying/committing the nuisance. The supreme court ruled that ... Show more content on
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Connecticut (1965): Griswold v. Connecticut (1965), a case involving the right to privacy, had to go
through uncharted territory. A Connecticut statute prohibited the use of contraceptives both by
married and unmarried persons. The statute also prohibited anyone from helping couples obtain
contraceptives. Griswold provided information as to preventing contraception and was fined as an
accessory under the statute. The case was brought to Supreme Court where they ruled in Griswold's
favor. Does the Constitution protect the right of marital privacy against state restrictions on a
couple's ability to be counseled in the use of contraceptives? The First, Third, Fourth, and Ninth
Amendments Though the Constitution does not explicitly protect a general right to privacy, the
various guarantees within the Bill of Rights create penumbras, or zones, that establish a right to
privacy. Together, the First, Third, Fourth, and Ninth Amendments create a new constitutional right,
the right to privacy in marital relations. The Connecticut statute conflicts with the exercise of this
right and is, therefore, null and void. g) Griswold and her colleague were convicted under a
Connecticut law which criminalized the provision of counseling, and other medical treatment, to
married persons for purposes of preventing
... Get more on HelpWriting.net ...

The Utilization and Application of Restraints in...
The uses of physical restraints for medical purposes are valued in the patient safety and ethics by
performance of evidence of best practice. According to Craven a singular definition of a restraint
"any manual method, physical, or mechanical device, material, or equipment that immobilizes or
reduces the ability of a patient to move his or her arms, legs, body, or head freely" (2013). By this
definition we can also rule out that orthopedic devices, dressings or bandages, or any other
equipment used in the patients physical examinations or tests to protect the patient are not
considered restraints (Craven, Hirnle, & Jensen, 2013). The most common circumstances to use
medical restraints take place in intensive care units (ICU) where ... Show more content on
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I feel that restraints should be used as a last resort and for minimal time possible due to the emotions
the patients feel and what it puts them through. Most importantly, the implications of restraints can
cause patients to experience loss of muscle strength, pressure ulcers, and strangulations to name a
few (Demir, 2007). Through evidence based practice literature, it is becoming crucially important
that nurses and other health care professionals utilize physical restraints in a safe and ethical manner.
When restraints need to be utilized, they must be for temporary use until the patient is coherent or
until the IV or tubes get discontinued. In a study done on ICU patients around Europe Julie
Benbenbishty, Shelia Adam and Ruth Endacott examined the reasons, timing, type of restraints and
availability of policies used (2010). With a sample of thirty four ICUs in nine different countries,
researchers found that 33% of the patients were restrained under the circumstances of being
ventilated, sedated, in larger units and in hospitals where the nurse to patient ratio was decreased
(Benbenbishty et al., 2010). The primary reasoning for restraining patients was pulling on tubing
and lines with the possible case of self extubation (Benbenbishty et al., 2010.). In hospitals and
especially

Mental Health Restraints
Deveau and Leitch challenge the idea of restraints being positive for a pediatric mental health
setting. "Restraining children may lead to physical and mental harm for children subject to such
practices" (Deveau, Leitch, 2014, p. 588). Presented earlier was the idea that restraints used on a
pediatric patient should ultimately be beneficial to the patient and those within the patient's
environment. Unfortunately, that may not always be the case. Like other nursing interventions, risk
factors are also associated with restraints. Deveau and Leitch's performed a studied and gathered
that within the United States of America there were 142 restraint–related deaths within a one–year
time span (2014, p. 588). Blood clots, restricted breathing and blunt trauma, abrasions and bruising
may also be associated with risk factors that may occur during physical interventions ... Show more
content on Helpwriting.net ...
Agencies have been regulating policies to help advocate the reduction of seclusions and/or restraint
within the mental health setting due to all the associated risk factors and non–beneficial outcomes
due to this practice (Timbo et.al., 2015, p. 771). After reviewing multiple articles the majority have
the same concern, which is the risk factors associated with restraints and seclusions and the impact it
may have on the patient themselves and/or the involved staff member(s). Secluding and restraining a
child does not only involve the staff member affects that staff member who had to perform the act
on a child or adolescent. Deveau and Leitch draw to our attention that "restraints are distressing to
witnesses and many children who have experienced previous trauma abuse" (2014, p. 588). Re–
traumatizing the patient will interfere with a patient's set treatment plan; this setback is not in the
best interest of the

Essay On Physical Restraint
Restraint and Seclusion: Helpful or Harmful?
Southern Illinois University at Carbondale
Abstract
Students with severe mental health issues or developmental disorders display problem behaviors that
put themselves and/or others at risk of injury. In these cases should restrictive interventions such as
restraint or seclusion be implemented? The prevalence rate of these behaviors among students with
developmental disabilities has been reported to range from 2–28% for aggression and 10–31% for
self–injury (Borthwick–Duffy, 1994). When all less restrictive interventions have failed and students
are at risk of injuring themselves or others can we justify restrictive treatment method? Restrictive
treatment methods such as restraint ... Show more content on Helpwriting.net ...
The problems related to the use of restraint and seclusion have been categorized into five main
areas. These areas include risks of physically and psychologically harm, lack of behavior change
procedures taught, disparity, discrimination and lack of compliance with IDEA standards. The first
area is that they carry a risk of someone being hurt, either the child or the adult. There are recorded
instances where children have died from these procedures. There is also a risk of psychological
problems including trauma. Recurrent use of these procedures carries a risk that the child's
development of safe and secure relationships with adults can be impaired. These procedures are
highly problematic as interventions for controlling these challenging behaviors because they have
been associated with an alarming amount of abuse and physical and psychological injury to
children. (Dunlap et al). Much of the focus of the harmful effects of restraint includes a focus on the
problems associated with the improper use of these procedures resulting in serious injuries and
sometime death. A well–known report by The Hartford Courant estimated that there were 142
restraint related deaths in the United States between 1988–1998 (Weiss, 1998). This figure

Restraints In Jails Essay
Restraints on pregnant inmates
Mother Behind Bars examines a lot of inadequate policies and procedures that these states have in
place for federal and state correctional facilities. This report card bring up the issue on prenatal care,
shackling, prison nurseries, and family based treatment as an alternative to incarceration however in
this paper I will focus on the restraints on these pregnant inmates. New Jersey received a grade of D
for shackling policies. Besides New Jersey thirty–seven other states obtain a D/F for their failure to
comprehensively limit, or limit at all, the use of restraints on pregnant women transportation, labor,
delivery, and postpartum recuperation (National Women's Law Center, 2010). The use of restraints
can compromise the health and safety of the women and the unborn child. Shackling pregnant
women is dangerous and inhumane; women prisoners are still routinely shackled during pregnancy
and childbirth. The reason these women are shackled is for safety and security, despite the fact that
shackling pregnant women is degrading, unnecessary and a violation of human rights some state still
condone this practice.
Restraining pregnant prisoners at any time increases their potential for physical harm from an
accidental trip or fall. This also poses a risk of serious harm to the woman's fetus, including the
potential for miscarriage. During labor, delivery and postpartum recovery, shackling can interfere
with appropriate medical care and be

Restraint In School Research Paper
Restraint is defined as a restraining force or influence or a device that restricts movement. The use
of physical restraint has been applied to children with emotional disturbance since the 1950s, and it
was included in a list of "techniques for the antiseptic manipulation of surface behavior" compiled
by Redl and Wineman during this period ("Physical Restraint in School," n.d.). Restraint was
common in society during this period, a child with a disability were hidden and not associated as a
part of the world. Restraint in school is still often associated with violence however, schools are
starting to train staff to be better prepared to isolate situations before restraint is needed. Restraint is
to be used in times when a child is a danger ... Show more content on Helpwriting.net ...
Restraint is to always be the last resort and staff need to use all proper training techniques to avoid
injury to themselves or the student. A person who has not been properly trained should never
perform a restraint. Our school offers two levels of restraint training, Safety Techniques Training
(STT) and Personal Emergency Interventions (PEI). STT is giving to every staff member and
teaches staff how to properly assist if a child were to become violent. STT is used to teach staff how
to see a behavior before it occurs and to de–escalate and be in the safety zone of the child's reach.
STT teaches a person how to use position, leverage, balance, and conservation of energy to be
effective in a crisis situation. ("Part 2 – Safety Techniques Training – Devereux Advanced
Behavioral Health Direct Care Training Resources," n.d.) "Personal Emergency Interventions (PEIs)
are designed to minimize the risk of injury and not cause pain. In addition to the physical procedures
presented, the program emphasizes the importance of preventive strategies that reduce and eliminate
the use of physical restraint."("Part 3 – Personal Emergency Interventions Training – Devereux
Advanced Behavioral Health Direct Care Training Resources," n.d.) The trainings are designed to
protect all involved parties with the least restraint

Physical Restraint Use On Elderly Essay
Physical Restraint Use on Elderly in Long–Term Care Facilities
A. Introduction
a. Attention Getter:
i. "My interest is in the welfare of the community. I ease the way of the cripple. I am compassionate
of the aged. My exultation is in the strength of mankind. I teach. I lead. I serve." In 1920 the
American Red Cross printed their creed in newspapers around the country.
b. Introduce Topic: In 1987 President Ronald Reagan passed the Federal Nursing Home Reform Act.
This Act, also known as the Omnibus Budget Reconciliation Act (OBRA), brought reform and a set
of standards of care for people living in certified nursing facilities. (Hollis) Included in these set of
standards, is the "Resident's Bill of Rights", which states that residents of nursing facilities have
"The right to be free from ... any physical or chemical restraints imposed for purposes of discipline
or convenience and not required to treat the resident's medical symptoms". (U.S. Code Title 42
Chapter 7)
i. Despite these "rights" nurses in the United States and around the world still use restraints stating
the main reason is for patient safety. ii. Falls are the leading cause of emergency room visits and
unintentional death in Americans 65+ years old. (Centers For Disease Control & Prevention) iii. c.
Background Information: A physical restraint can be defined as "any manual method or
physical/mechanical device, material, or equipment attached or adjacent to the resident's body that
the individual cannot

The Major Themes of Joseph Conrad's Heart of Darkness Essay
The two major themes of Heart of Darkness are the conflict between "reality" and "darkness," and
the idea of restraint and whether or not it is necessary. Conrad's passage describing the restraint of
the hungry cannibals exemplifies both themes: It describes how reality shapes human behavior, and
contrasts the characters of Kurtz and Marlow. "Reality," as it is used here, is defined as "that which
is civilized."
Conrad emphasizes the idea of what is real versus what is "dark," what is civilized versus what is
primitive, what colonizes versus what is colonized, repeatedly throughout Heart of Darkness. As
stated above, "real," in this case, contains all the implications of a civilized society: clothing which
covers a person's ... Show more content on Helpwriting.net ...
Although not in the same passage, Conrad touches on this idea of "reality" much more thoroughly in
Marlow's description of his own desire to experience what is "primitive." While gliding down "the
river," the passengers are met repeatedly with howls and "horrid faces" from the shore. Marlow
says, "You wonder I didn't go ashore for a howl and a dance? Well, no – I didn't...I had no time. I
had to mess about with white–lead and strips of woolen blanket helping to put bandages on those
leaky steam–pipes." Here, Marlow is obviously curious about these natural "primitive"
ceremonial/religious/social orgies, but must tend to reality. He must tend to the only machine of
civilization within perhaps hundreds of miles. He is ruled by the clock, just like the people of
London and every major city. Reality, for him, is work, progress, efficiency, etc. Marlow is too
devoted to his work and, although he may be curious, will never actually go ashore with the natives
as long as duty beckons. Earlier he describes with contempt the "principles" which tame a man, and
the luxuries he pretends to need. He describes men's clothes as "pretty rags – rags that would fly off
at the first good shake." He questions the necessity of these petty items, but his accusation is
hypocritical in that he will never stop wearing

A restraint is any physical or chemical measure in the...
A restraint is any physical or chemical measure in the healthcare setting to keep a patient from being
free to move (Craven, Hirnle & Jensen, 2013). Nurses are presented with dilemmas in deciding
whether to use restraints to protect the patient from falls, harming themselves or others, suppress
agitation and to facilitate treatment. Improper usage and misconceptions of restraining can have
negative consequences including physical and psychological issues. Physical and psychological
disadvantages from restraining could include low blood pressure, decreased circulation, thrombosis,
constipation, urinary incontinence, depression, fear and increased confusion (Yeh et al., 2004).
Educating nurses may reduce restraint usage by increasing ... Show more content on Helpwriting.net
...
Gulpers et al. (2013) research study titled Reduction of Belt Restraint Use: Long–Term Effects of
the EXBELT Intervention showed significantly reduced restraining belt usage and use of other
physical restraints over the course of 24 months after an EXBELT intervention program of 13
nursing homes in the Netherlands. The intervention included a policy change in the nursing homes
disallowing new use of restraining belts and reducing existing use of restraining belts, and a
thorough educational program from two nurse specialists including consultation and availability of
alternative interventions. Policy change and availability of alternative interventions had the greatest
impact on reducing physical restraining in this study. The educational component alone was
inadequate in reducing physical restraining. Huang, Chuang and Chiang (2009) research study titled
Nurses' Physical Restraint Knowledge, Attitudes, and Practices: The Effectiveness of an In–Service
Education Program showed a significant reduction in restraints of the intervention group at a
hospital in southern Taiwan. The program included a 90–minute educational program aimed at
reducing physical restraints by improving nurses' knowledge of proper usage, attitudes and practices
to an intervention group. No education was provided to the control group. The education program
did change nurses' knowledge and practice, but did not significantly change attitudes

Minnesota Gag Law
In the 1907 Patterson case, Justice Oliver Wendell Holmes declared that he First Amendment and
any similar laws "prevent all such previous restraints upon publications... and they do not prevent
the subsequent punishment of such as may be deemed contrary to the public welfare." Holmes later
recognized error in his interpretation of the First Amendment by stating in 1919 that "the prohibition
of laws abridging the freedom of speech [and press] is not confined to previous restraints." Holmes
reinterpreted the First Amendment, and soon after, another case arrived in the Supreme Court for
Justice Holmes to vote in defense of a more comprehensive freedom of the press.
The Minnesota legislature passed what became known as the "Minnesota Gag Law" in ... Show
more content on Helpwriting.net ...
In a particularly harsh and surprising article on the typically conservative Wall Street Journal
editorial page, the writer voices his anger with Trump's dubitable claims that British Intelligence
wiretapped President Trump on behalf of the Obama administration. He concludes his article with
the statement, "Two months into his Presidency, Gallup has Mr. Trump's approval rating at 39
percent. No doubt Mr. Trump considers that fake news, but if he doesn't show more respect for the
truth, most Americans may conclude he's a fake President." While this is an especially severe
statement, according to the aforementioned Fox News poll, the majority of people "think it's better
for the country if the news media 'cover the president aggressively.'" The result of this poll is
compatible with the public's positive response to the Supreme Court's ruling in New York Times v.
United States. With the new administration, freedom of the press will remain at the forefront as
questions continue to arise about what type of press is best for the

Essay The Improper Use of Patient Restraints
The Improper Use of Patient Restraints Running head: PATIENT RESTRAINT PROTOCOLS
Patient restraints have been a hot issue within the past ten to fifteen years in nursing. There have
been numerous studies done on the adverse affects restraints have on patients, physiologically and
psychologically. Anger, fear, impaired mobility, bladder and bowel incontinence, eating difficulty,
skin breakdown, and nosocomial infections have all been associated with the use of restraints
(Weeks, 1997; Janelli, 1995). Therefore, there has been a move to limit the use of restraints and
develop safer protocols for the times that they are used. All hospitals, today, have restraint protocols
that nursing staff should follow when ... Show more content on Helpwriting.net ...
Many of the patients are at risk for falls due to neurological problems. There are at least two to three
patients restrained on the unit on a daily basis. Some of the reasons nurses restrain patients are to
prevent them from harming themselves or others, to help maintain treatment plans, and to control
confused or agitated patients (Stratmann, Vinson, Magee and Hardin, 1997). The most frequently
used restraints are vests, wrist, belts/ties, mitten and ankle, in that order (Stratmann et al., 1997).
Many research studies currently taking place are focused towards discovering alternatives to
restraints. Identifying successful alternatives to restraints and educating nurses about alternatives has
helped in reducing the use of restraints (Winston, Morelli, Bramble, Friday and Sanders, 1999;
Weeks, 1997). There are times, however, when restraints are needed to protect patients (Richman,
1998; Dibartolo, 1998). Restraints would be indicated for an intubated patient who keeps pulling out
his endotracheal tube. In such cases, failing to use restraints could result in a claim or lawsuit being
brought on for negligence (Richman, 1998). In 1992, the Food and Drug Administration issued a
warning on restraints because of the nearly 300 deaths and injuries related to restraint use occurring
each year (Janelli, 1995). Problems identified by the FDA included inappropriate restraint selection,
errors in applying devices, and inadequate monitoring of the

Physical Restraints In Health Care
Use of Physical Restraints with Cognitively Impaired Folasade A. Alegbeleye Lewis University
College of Nursing and Health Professions Introduction The use of restraints for psychiatric patients
has been in existence for a long time. In the 17th and 18th centuries, the use of mechanical restraints
was deemed acceptable and required in the asylum environment (Carr 2012). However, there has
been ethical dilemma on the usage of any form of restraints in caring for patients. Hughes, Zammit
and Cordina (2014) explained that there has been a long discussion about restraint methods in health
care settings, the usage of both physical and chemical forms of restraint in clinical practice, and to
whom such methods would be appropriate ... Show more content on Helpwriting.net ...
S., Grandfield, S. A., & Coldwell, C. M. (2010). Caring with comfort rooms: Reducing seclusion
and restraint use in psychiatric facilities. Journal of Psychosocial Nursing & Mental Health Services,
48(6), 26–30. doi:10.3928/02793695–20100303–02 Hartford Institute for Geriatric Nursing. (2012).
Use of physical restraint in elderly patient. Physical restraints and side rails in acute and critical care
settings. Retrieved October 12, 2014, from
http://wwwconsultgerirn.org/topisc/physical_restraints/want_to_know_more Hughes, L., D.,
Zammit, K., & Cordina, J. (2014). Restraint and the older patient: Complicated practical medicine.
British Journal of Nursing, 23(3), 130–131. Retrieved from http://ezproxy.lewisu.edu/login?
url=http://search.ebscohost.com/login.aspx?direct=true&db=ccm&AN=2012473563&site=ehost–
live&scope=site Stewart, D., Bowers, L., Simpson, A., Ryan, C., & Tziggili, M. (2009). Manual
restraint of adult psychiatric inpatients: A literature review. Journal of Psychiatric & Mental Health
Nursing, 16(8), 749–757. doi:10.1111/j.1365–2850.2009.01475.x Stewart, D., Van der Merwe, M.,
Bowers, L., Simpson, A., & Jones, J. (2010). A review of interventions to reduce mechanical
restraint and seclusion among adult psychiatric inpatients. Issues in Mental Health Nursing, 31(6),
413–424.

Physical Restraint
As we all strive to encourage the use of verbal de–escalation and reduce the occurrence of physical
restraint, I would like to request that all programs ensure they're entering every student restraint or
student disturbance into the Risk Management reporting site. This will allow team members to
identify common barriers staff members face as well as identify best practices across programs. I
believe that the most programs are entering these incidents and I would like to thank you for doing
so! For programs that have not been entering student restraint or student disturbance incidents into
the reporting site, please begin doing so immediately. Documenting every incident provides the
student, staff, and AMIkids as a whole the ability to revisit any event in detail should any injuries or
allegations occur from the incident; I cannot stress how important highly detailed documentation is.
... Show more content on Helpwriting.net ...
For example: If a Florida program has a PAR incident then they would only need to complete and
upload the Florida PAR Incident report form.
These documents will need to be attached to the incident report you entered into the Risk
Management site.
As always, please do not hesitate to reach out to me if you have any questions or

Nurse Restraints In Nursing
Restraints of any kinds are administered by a protocol that ensures that it is properly and correctly
applied. Though patients are not independent at the time when a decision to restraint is taken,
explaining to them why the restraints are needed to protects their right to self determination. By
doing this, autonomy will be considered, and they do not feel restraints used as a punishment. If a
patient is unconscious or not competent enough to consent for restraint, then substitute decision
maker should be involved to get consent on behalf of a patient. Nurses should closely monitor the
patient with restraints to ensure safety, look for the earliest and safest time to remove the restraints,
and frequently offer help to a person with restraints

Seclusion And Restraints
Years ago, the thought of seclusion and restraints would not phase the minds of anyone. Seclusions
and restraints can affect both the patient and the working staff. Many effective strategies are
recognized to reduce the seclusion and restraints in many mental health institutions. Seclusion can
be defined as being away from others and in their own area of privacy (Where did you get this?).
Restraints are quite similar but is defined as a limitation from others because of a certain measure or
conditions (Where did you get this?). In recent years, the use of seclusion and restraints have been
debated and seen as highly criticized as to whether it is safe or not. Many psychiatric institutions,
including Danville State Hospital in Pennsylvania, have shifted away from the use of seclusions and
restraints (Where did you get this?). Instead they use more observing techniques which are more
helpful to the patient. The purpose of this paper was to review studies of secluded patients and
recognize the actions against seclusion and restraints. Several databases were used in order to obtain
information and research on these topics. The specific databases implemented in this search
included PSU Online Database, CINAHL, Health Source – Consumer Edition, Health Source:
Nursing/Academic Edition, MEDLINE, PsycARTICLES, Psychology and Behavioral Sciences
Collection, and PsycINFO. For the first search, the terms "seclusion affects patients" were used.
This generated over two thousand six

Bartleby, the Scrivener & the Lady with the Dog Essay
A number of the stories studied this semester explore the conflict between social restraint and inner
compulsion. Discuss at least two of the stories in the light of this.
Through an exploration of the boundaries between social constraint and inner compulsion, Melville
and Chekov reveal the restrictions forced upon one's personal desires as they struggle to find a
balance between conflicting values and social norms. Anna and Gurov in 'The Lady with the Dog'
are restrained by the socially expected conventions in their marriages, inhibiting their ability to
express their inner compulsion of desire. Chekov reveals their yearning to escape their individual
lives as they cope with personal troubles by distancing themselves from marriage ... Show more
He uses his employment as a means of escaping social conventions through his monotonous
statement "I would prefer not" (Melville 1998, p. 198), living a life of choice and preference in a
world where preference is non–existent. Bartleby represents a new form of humanity where an
individual has the right to choice rather than living a life of routine through social constraints,
defying all forms of society's restrictions in order to reveal his true desires.
Chekhov explores this concept of conflict through Anna and Gurov's relationship in 'The Lady with
the Dog' as he reveals a need to defy social restraints in order to escape their marriages as this
restricts them from fully embracing their desires. The image of the "long grey fence adorned with
nails" (Chekhov 1998, p. 371), symbolises the confines of marriage keeping them apart, unable to be
free from social restraint. Creating an air of seclusion and limitations, this depiction appears to be
fending off Gurov, producing a feeling of entrapment and isolation as it separates their love. The
image of an old woman, a beggar and a dog walking in and out of the fence freely further
emphasises this lack of freedom they have in their lives; the portrayal of a beggar being the most
illuminating aspect of this passage. Even what is considered as the lowest form of humanity, appears
to show more freedom then what they can as they cannot pass this

Special Education: Should Restraints or Seclusion Be...
Under the Steering Committee on the Enabling Masterplan, the Ministry of Education (MOE) has
been recommended to hold the ownership and leadership of special education. (Poon, Shobana, &
Wettasinghe, 2013) Enabling Masterplan 2012–2016 seeks to build an inclusive Singapore where
every person with disability can maximize his potential and is embraced as an integral member of
our society. This initiative builds on the Enabling Masterplan 2007–2011, where the government
feels that there was some progress, but more could still be done in enabling people with disabilities
to be equal and integral member of our society (Enabling Masterplan Handbook, 2012). Through the
3P namely People, Public, Private collaboration under the Enabling Masterplan, ... Show more
On the other hand, seclusion is considered as an involuntary confinement of a person in a room or
area from which a person is physically prevented from leaving (Mohr et al, 2010).
Physical restraint and seclusion are known measures for their traditional interventions to handle
individuals with disabilities (Colazzi, 2005). These measures are used in numerous professional
settings including medical and psychiatric facilities, law enforcement and correctional facilities, and
schools (Ryan, & Peterson, 2004). With the use of physical restraint and seclusion, it directly impact
the person's human rights, limiting among other things, freedom of movement, and the ability to
think clearly (Webber, McVilly, Fester, & Chan, 2011). Over the years, there has been an increase of
restrictive practices in schools, professional considered it acceptable as a form of control for serious
behaviors such as aggression or self–injury but also recognized that restraints were sometimes used
for less serious behaviors such as preventing a student from leaving the classroom (Ryan, &
Peterson, 2004). However, the used of restrictive practices has been increasingly challenged and
questions are being raised with respect to the clinical efficacy and ethical appropriateness of such

Hospital Restraints
The goal of this paper is to explore the use of restraint in psychiatric care. I realized that while I
have first hand experience performing restraints, while I worked as a mental health specialist at
Mclean hospital, I haven't explored much of the research around restraints., I start by describing
parts of restraint training, as well as, factors to avoiding restraints. Then, I describe polices and the
actual mechanisms of restraint. Followed by, a reflection of how my experience with restraints
changed over the year I worked at Mclean. The reflection takes on a more story like tone. To finish
the paper I will discuss some research that has been conducted on restraints in psychiatric care and
how they can be prevented. I want to make it clear ... Show more content on Helpwriting.net ...
Chemical restraints are the medication used in order to sedate and help treat the patient in crisis. The
patient should always be offered the option to take the medication orally, but if they refuse the
medication is given I.V. The three meds Mclean tended to use in tandem were Ativan, Haldol and
Benadryl. All three can have strong sedative effects. I was taught that Ativan and Haldol are
antipsychotics and Benadryl is there to help if the patient has an allergic reaction to the other two
medications. Physical restraints were often referred to as "going hands on" this means that staff is
physically holding down the patient. I was taught that technically any guiding or even holding a
patients hand to help lead them somewhere was considered a physical restraint. Finally, mechanical
restraints were the equipment used to hold a patient down until the sedatives took effect and the
patient was

Student Nurse Restraints
The use of restraints is seen in the Emergency Department(ED) on a regular bases and has been a
new experience to myself as a student nurse. The College of Nurses of Ontario Restraints Practice
Standard (2009) explains restraints may be used where patient are at risk to themselves or others, for
treatment purposes and controlling behaviours. Restraints may be chemical, physical or
environmental. Restraints have limited increase in patient safety and can increase the agitation,
confusion and health risks present. In the emergency department majority of bed rails are kept in the
up position regardless of the patients' mental, physical or emotional state. A bed rail is considered an
environmental restraint and therefore should be kept in the down ... Show more content on
Helpwriting.net ...
In the ED it can be difficult to obtain consent for restraints as patient may not be competent to
understand and family is not always present to able to be contacted. Nurses must be aware of when
informed consent can be utilized in emergency situation such as necessary treatment to prevent harm
or further deterioration to the client (Glezer & Brendel, 2010). The court of law has various views of
what is considered medically necessary and nurses must utilize critical thinking, situational
assessment and least restraint interventions prior to initiating restraints. The ED is specialized as
there is no requirement of a physicians order to initiate physical restraints, the restraints can be
applied and a physician can come assess the need for restraints at a later time. Prior to initiating
restraints the nurse must consider competence and capacity of a person to consent to the use
restraints and disregard personal feelings and ethics if they are not aligned with that of a patient
(Glezer & Brendel, 2010). Nurses in the ED have a restraints protocol, documentation policy to
abide by to ensure appropriate use, assessment and evaluation of restraints in the

Physical And Chemical Restraints
I believe that the frequent use of physical and chemical restraints on patients is completely
unethical, especially if the restraint is not necessary. Personally speaking, physical and chemical
restraints should only be utilized if the situation absolutely calls for them, and there are no other
alternatives. For instance, if the patient is exhibiting aggressive behavior, or if the patient is highly
likely to severely harm himself or herself, as well as those around him or her, then a restraint may be
required. Otherwise, restraints should be used as little as possible. Some benefits of restraints are
that they help serve as a preventative measure for the patients from self–harm (ensures the safety of
the patient and those around him or her)

Restraint In Nursing
Residents who are restricted, or confined, or has lack of control, tend to be confused, very irrational,
in a psychosis state of mind it is due to some form of restraint. Restraints are oftentimes used during
a period when a person is of danger to themselves or others around them. Restraints should never be
used for convenience of staff caring for the patient not even as a substitute for nursing care (National
Executive Training Institute (NETI), 2005). Systematically, assessments are completed when
determining the type of physical restraint that is required contingent on the state or level of
confusion that a person may be in. Whether it is through objective observation or if the behavior that
is being exhibited can be identified whether it

Ethical Dilemma In Nursing
Nurses encounter multitude dilemmas while carrying out their job duties in delivery provision care
to patient especially in ethically complex situation. Mr. Lim, an elderly who has Alzheimer disease
has to be fed via nasogastric tube (NGT) due to his mental ability which has severely affected his
ADL including swallowing. Restrainer was used to prevent patient from pulling out his NGT. The
NGT and restraints have caused him a lot of discomfort and stress. His family has requested not to
feed and restrain upon seeing bruises on Mr. Lim 's arm. has an Advanced Medical Directive and
wishes to die with dignity This essay identify the issues faced by Staff Nurse in deciding whether to
stop both NG tube feeding and restraint or continue. This will analyze the ethical dilemma arising
from Autonomy, Beneficence and Non–maleficence as well as the legal issues pertaining to patient's
rights. Implications for nursing practice will also be discuss in later part.
ETHICAL AND LEGAL ISSUE
The ethical dilemma of respecting patient's autonomy, beneficence and non–maleficence has been a
challenge for the nurse to deliver provision care to patient. According to Singapore Nursing Board
(1999) under Statement Value 2: Respect and promote clients' autonomy, it is the right of every
patient to make their own choices and nurses should respect their preferences. However, beneficence
is referring to an act in the best interests of the patient (Mary Cipriano & Ruth, 1999). To be
competent in order to

Kurtz's Restraints
"[Kurtz] struggled with himself, too. I saw it –– I heard it. I saw... a soul that knew no restraint, no
faith, and no fear, yet struggling blindly with itself." (Conrad 113). Marlow looks upon Kurtz and
sees a man who is lost; Kurtz was once an honorable man who was loved by many before he left for
the wilderness. He went into the jungle in order to collect ivory for his employer, and also in order
to "colonize" the native people. However, whenever he left the restraints of society, he began to feel
free from his external restraints––whenever this happened, he allowed his dark heart to dictate his
morals and actions. In Heart of Darkness, Joseph Conrad reveals how living outside the restraints of
civilization allows a man's heart of darkness ... Show more content on Helpwriting.net ...
Marlow can feel himself begin to slip away from values he once held dear. At one point, he becomes
quick–tempered with the people in the tribe and begins to lie to his coworkers. Marlow admits, "You
know I hate, detest, and can't bear a lie...[However], I became in an instant as much of a pretence as
the rest of the bewitched pilgrims." (40–41). However, the character that Conrad uses to reinforce
his idea is Kurtz. The Englishmen in Africa regard Kurtz as the perfect example of a man whose
goal is to "colonize" the natives. As the manager of his ivory trade station, it is his duty to find,
collect, and sell ivory. The first manager that Marlow meets describes Kurtz as "a prodigy...an
emissary of pity and science and progress." (37). However, shortly after managing the most
productive post, he begins to be obsessed with the pursuit of ivory and abandons the moral code he
once lied by. Whenever Marlow arrives at Kurtz's station, he is shocked to see that Kurtz is not at all
moral; he is quit immoral and extremely self absorbed. He uses the tribes around him in order to get
more ivory; Kurtz presents himself as a god to the tribes' people. By doing this, he gains the trust,
and they even worship him. Once he gains their trust, he has access to their ivory; thus, the tales of
his greatness would continue. What many people did not know was the fact that Kurtz had to resort
to killing many of the villagers and putting their heads on posts surrounding his hut. In "civilized"
Europe, it would have not been possible to go to the lengths Kurtz did in order to please his
insatiable desire for money and a meaningful reputation. He dies while still under the control of
Africa and never has the chance to return to his

Implementation Of Physical Restraints And Behavioral Health
Implementation of Physical Restraints Paper
Shawnte' Hill
Arkansas State University
Instructor: Brenda McKinney
Implementation of Physical Restraints in Behavioral Health
Introduction
In behavioral health nursing, using physical restraints is a very integral aspect to the overall health
and well–being of patients and staff. Although this is still a very prominent and sensitive subject
amongst healthcare professionals, I deemed it important that my facility implement and utilize
physical restraints on our behavioral health unit. Nurses need to be educated on the use of restraints,
which lead to my self–education on this topic. Nurses need to be aware of the benefits and the
consequences that restraints can have on a patient. ... Show more content on Helpwriting.net ...
In the first week, I took my idea to implement physical restraints on my unit to my Unit Nurse
Manager. She deemed my idea credible to the needs of our unit, and encouraged me to gain as much
research and information as I could that pertained to the subject. Along with my Unit Nurse
Manager, we set up a meeting with the RN Chief of Nursing, Unit Psychiatrist, and Unit Medical
Director to present my research finding on Week 3. After their approval, my Unit Medical Director,
RN Nurse Manager, Unit Nurse Manger, and I met with CEO later that same week. He approved our
budget, and agreed that the hospital will cover all fees associated with this project. On week 4, I met
with the Unit Nurse Manager and we unveiled the implementation plan to the remainder of the staff.
After revealing the plan to staff, they assisted me in devising a plan that would allow to us be
properly educated and trained on the use of physical restraints. Week 4 was the week when my plan
really started to come to life. We had a two and a half day training class on the proper use of
physical restraints in mental health facilities. After being trained and receiving our order of
restraints, we put the restraints on the beds and were ready use them only if the unfortunate situation
presented itself. Week 6 is where I ultimately reviewed the effectiveness of the restraints, and
documented my findings.
Project Implementation
As I have previously mentioned, the use

Is the use of Seclusion rooms and restraint appropriate...
Is the use of Seclusion rooms and restraint appropriate for children on IEP's in public education
schools when used appropriately and within the laws set forth to govern them?
Seclusion and restraint has been a controversial topic in special education for a long time. Recently
there has been more talk over the use of seclusion rooms and restraint on violent children in the
public education setting. Many advocates feel that the use of such practices is unjust and unethical,
that it violates the fourteenth amendment, and that it puts students at risk for injury or harm. Others
however feel that such practices are necessary in certain circumstances. That when a child is causing
harm to themselves or others, the use of a seclusion ... Show more content on Helpwriting.net ...
It was very traumatizing for him as he does not like to be touched by others. In this case we wrote it
into his IEP that the safe room would be used as a strategy to get him to safe place when he is being
harmful to himself or others. We place him in the safe room and he is able to calm himself down at
an exponential rate compared to when we had to restrain him physically. This is an example of when
a safe room is used appropriately and to the benefit of this child. Though we do not touch him
physically we take all precautions necessary. There is a scribe writing everything the child and the
teacher in charge says while in the safe room. The adult in charge has one hand on the handle of the
door at all times and has the child in eye view at all times. Once the child is calm, they are given the
choice to remain in the safe room for a few minutes longer with the door open, or they may come
out and process with the adult. These are all necessary steps that are taken by me and my staff to
ensure that the child's safety and well being are taken care of as well as the safety of the others in the
classroom. Education on the crucial steps and processes of safely using seclusion and restraint is so
important. This is why I am so drawn to this topic. With all the controversies surrounding seclusion
rooms and the threat of banning them, I feel this controversy needs to be addressed more.

Freedom From Restraints : A Clinical Practice Guideline
Freedom from Restraints: A Clinical Practice Guideline The Joint Commission and Centers for
Medicare and Medicaid Service (CMS) have acknowledged, "Physical restraints are considered an
infringement of patient rights and a patient safety concern" (Mion, Sandhu, Khan, Ludwick,
Claridge, Pile, & ... Winchell, 2010, p. 1279). These organizations have amended and aligned their
regulation requirements on the use of restraints which is mainly focused on limiting its use and
putting emphasis on staff education and training (Cosper, Morelock & Provine, 2015). The nursing
discipline guided by these regulations should aim to improve standards of care and patient outcomes
through best nursing practice. "Best practice supports individualized care that permits nursing the
person safely and without physical or chemical restraint" (Cotter & Evans, 2010, p.197). The goal of
this review is seek evidence to substantiate the implications of such guidelines. Physical restraints
are considered as a means to ensure patient safety or to manage disruptive behavior despite no
evidence to support its use. It has rather been linked to injuries, falls, even death (Goethals, Dierckx
de Casterle & Gastmans, 2012). According to Berzlanovich, Schopfer & Keil (2012), who
researched about death due to physical restraints, those caused solely by its use occurred in patients
not continuously observed with causes of death ranging from strangulation, chest compression and
dangling in a head–down position.

Accuracy Of Restraint
Although evidence is limited, Schnelle et al. (2004) questioned the accuracy of the restraints use.
The General Accounting Office and the Health Human Services Office of Inspector General both
have noted the lack of known data related to the use of these practices (Joint Commission on the
Accreditation of Healthcare Organization [JCAHO], 2004). Research has revealed that the use of
restraints varies dramatically from facility to facility with a wide range of facility and staff
knowledge on how to prevent and avoid such use. According to Castle and Mor (1998), there are a
growing number of stakeholders that have developed guidelines for restraints use and the quality of
these guidelines have yet to be determined and their widespread application

Restraint Essay
Restraint
Restraint is a major idea in Joseph Conrad's Heart of Darkness. Restraint constantly influences the
decisions people make. Kurtz's lack of restraint kills him, while Marlow's restraint saves and
prevents him from becoming like Kurtz. Kurtz is a man who "[kicks] himself loose of the earth"
(Conrad, 61). He does not have allegiance to anyone except to himself. Kurtz's absence of restraint
exists because he holds a lusty power in an un–civilized country. Restraint is affected by three
factors; power, lust, and his surroundings. Kurtz's display of restraint is a prime example that
exemplifies the affect of these three factors on restraint.
Kurtz was not always the power ... Show more content on Helpwriting.net ...
He discovers many villages and goes to them with "thunder and lightning" (Conrad, 51). He uses
guns in order to frighten the natives. Through fear, the natives grew to worship Kurtz. He becomes
leader of the villages; a deity. Unlike most foreigners, he does not have to adjust to his surroundings.
Instead, the natives had to adapt to him. Kurtz exercises his power by conquering additional villages
and even by executing people. "Exterminate all the brutes" (Conrad, 46)! Kurtz eliminates rebels
who get in his way. He slices off their heads and then displays them outside of his house. This serves
as a warning to his people to not betray him. In a sense, Kurtz is at the top of the food chain. He has
great power and uses it without restraint to satisfy his desires.
After raiding villages and obtaining followers, Kurtz becomes very power hungry. He enjoys having
power; compiling ivory and having worshipers. He abuses his power without restraint. He has tried
to return to the Central Station; however, his lust for power disables him from returning.
Kurtz had apparently intended to return himself... but after coming three hundred miles, had
suddenly decided to go back, which he started to do alone in a small dugout with four paddlers,
leaving the half–caste to continue down the river with the ivory. (Conrad, 28)
Kurtz had come down to deliver his ivory, stopped, and

The Constraints Of Constraint Management
A constraint is anything that limits a system from achieving higher performance relative to its goal.
Constraint management seeks to help managers at all levels of an organization. It ensures that they
maintain proper focus on the factors that are most critical to overall success of system constraints.
Constraint Management efforts can immediately resolve extremely negative effects from machine,
labor, and process inefficiencies, and have the ability to fund an entire transition to lean through
substantial increases in throughput.
There are three rules to constraint management. They are identifying system constraints, exploiting
the constraint, and improving the constraint gaps. "A business owner or supervisor using the
constraint model of management can't focus employees on system constraints without first
identifying those constraints. Naming the constraints that are integral to a company 's success,
including company work policies and manufacturing standards, sets up clear expectations for
employees regarding performance and productivity. Exploiting the constraint is the process by
which a company maximizes profit through use of a given system constraint. Tying the completion
of project steps by nonconstrained resources to completion by constrained resources improves
operational efficiency and closes gaps in schedules." (Lister, 2016).
On a daily basis, a company's constraint is the major regulating factor that decreases the amount of
material or items passing

Appropriator Restraint
Knowledge and Behaviors of Physicians and Caregivers About Appropriate Child Passenger
Restraint Use Study Purpose The purpose of this study was to see and learn about caregivers and
physicians knowledge and comfort levels regarding safety restraint transitions with belt positioning
booster seats. The literature review section of this article was short, but very factual. It was not full
of jargon and was very easy to read and understand. This section was very informative and talked
about belt–positioning booster seats (BPBs) which are normally used for children between the ages
of four to eight or under four foot nine inches. This section also talked about how forty–three states
(as of 2008) had passed laws mandating booster seats for varying ... Show more content on
Helpwriting.net ...
This survey was distributed to a convenience sample of caregivers of children who were four to
eight years old across multiple places in Milwaukee, Wisconsin from August to November 2005.
The survey was designed and reviewed by certified car seat technicians, community stakeholders
and regional childhood injury experts to assess caregiver knowledge and report behavior. The
Milwaukee Urban League determined the best areas to get the most accurate representation of the
area including churches, schools, child care centers, community centers and street festivals. There
was an administrative assistant that administered at an urban primary health care clinic and another
assistant administered the surveys at other community events. Each survey was given an
identification number based on the location given and the zip ode of the person completing the
survey along with the age (in years) and the weight of the child. The survey asked general
knowledge questions about how often car crashes occur as a cause of death and what weight is
acceptable for just a seat belt. Other questions asked about the most common method of
transportation for the family, along with the number of children normally in the vehicle. More
questions asked about resource options for the families and about the last wellness visit the child had
with their doctor. According to our text,

Constraint-Induced Movement Therapy Case Study
Constraint–induced movement therapy (CIMT) is a rehabilitation treatment approach to help
patients restore function on the affected extremity by restraining the unaffected extremity. This
method of therapy focus on the reuse of the more affected extremity caused by medical conditions
such as, cerebral palsy, multiple sclerosis, traumatic brain injury, or a stroke. This type of therapy is
most commonly applied following a stroke because the initial unsuccessful use of the affected
extremity is very discouraging to a stroke survivor. Studies have proven that CIMT increase motor
functional movement and brain activity on the affected side. Before a person can participate in
CIMT, he or she must meet criteria. He or she must be cognitively intact to comprehend the process,
have the ability to begin from a resting position of forearm pronation and wrist flexion, able to
actively extend the wrist at least 20 degrees, and actively extend finger joints at least 10 degrees. ...
Show more content on Helpwriting.net ...
The first component involves repetitive, task–oriented training of the affected upper extremity for 6
hours a day for 10 or 15 consecutive weekdays. During the intervention phase, the participant is
supervised by an interventionist as they practice functional task activities such as shaping or task
practice. Shaping is a training method based on principles of behavioral training. The motor
objective is approached by small steps, and each functional activity is practiced for a set of ten 30
trials. Task practice is not structured to be individual trials. It involves functionally based activities
(e.g., writing wrapping a gift) that are performed continuously for a period of 15 – 20

Summary: The Runaway Slave Labor
surroundings, and no matter how hard they tried to escape the medical kept pushing them back
down, "It is probable that, by careful selection, we might succeed in producing a race of strong–
minded, masculine women...but by that time men might have become reconciled to the gentler
occupations of domestic life." (Health, disease and society in Europe 1800–1930, Brunton, 126).
Even women within the United States fought against their culture and the government for equal pay.
It would not be until 2009 when President Obama signed the Lilly Ledbetter Fair Pay Act, and even
though this bill was signed women, up to this point, made 78 cents for every dollar a man earned
(Lilly Ledbetter, 1). Women became trapped within a culture that demanded unequal ... Show more
Social aspects divided people into categories such as the apprentices in the printing shop and the
Chinese worker, and not allowing them to move up in status because the bourgeois or government
constrained them. Cultural restraints in South America, Europe, and the United States found women
having to fight to gain an identity, and for Cuban women this identity came through work, but for
women in the U.S. and Europe their identity change was not inherently hinged on their laboring
positions. Economic factors also forced the community of Palmares to once again be put under a set
of limits and restraints from the people in which they escaped, and 20th century U.S. coal mining
families faced the harsh reality of the unbreakable economic constraints forced upon them and their
needs. These aspects have attributed to the historical laborer's strife to find something better, but
these laborers still found that they had limits and were constrained by these forces throughout their

Restraint Definition
In use of restraints a physical restraint can be defined as any device, material or equipment attached
to or near a person's body and which cannot be controlled or easily removed by the person and
which deliberately prevents or is deliberately intended to prevent a person's free body movement to
a position of choice and/or a person's normal access to their body. Examples of physical restraint
include vests, straps/belts, limb ties, wheelchair bars and brakes, chairs that tip backwards, tucking
in sheets too tightly, and bedside rails.
Chemical restraint is defined as the use of any type of drug to restrict an individual's movement or
freedom. Chemical restraint may be used solely for the purpose of sedating an individual. The
primary types ... Show more content on Helpwriting.net ...
A patient who is violent or agitated may need restraints so that he does not harm himself or others.
Restraints may also be needed if the patient tries to remove medical equipment that is helping the
patient sustain life, such as IVs or breathing tubes, catheters, feeding tubes.
What are the risks of using restraints? The patient may become more angry or violent while in
restraints or seclusion. The patient may struggle against physical restraints, which would cause skin
wounds or block blood flow. It can also increase the patient's heart rate and breathing rate. This can
be life–threatening. Chemical restraints can cause low blood pressure, heart rhythm problems, and
slow or shallow breathing. Affecting how much oxygen the patient gets. Chemical restraints can also
cause drooling, shuffled walk, muscle spasms and stiffness, and tremors.
When using physical restraints it can result in possible consequences; including death by
strangulation, fall injuries, deconditioning, skin breakdown, incontinence, constipation and
psychological effects such as agitation and emotional distress. Using chemical restraints results in
agitation, functional decline, gait disturbance, increased fall risk, memory impairment, movement
disorders, sedation, orthostatic/postural, withdrawal

Judicial Restraint Analysis
"Judicial activism" and "judicial restraint" are two terms used to describe the philosophy and
motivation behind some court decisions. Unfortunately, the popular use of the two terms has led to
much confusion about its real meaning and correct application. At the most basic level, judicial
activism refers to a theory of judgment that takes into account the spirit of the law and the changing
times, while judicial restraint is based on a strict interpretation of the law and the importance of
legal precedents.
In many cases, if a specific judge or court may be called, Äúactivist Au or Äúrestrained Au involves
careful look back at the history of the sentences look. An activist judge, for example, can have a
strong history of overturning precedent and legislation. Moreover, a pattern likely to emerge the
alignment of political and ideological preferences decisions. An activist judge may be conservative
or liberal in his views. One factor that can define an activist is a commitment to personal or political
philosophies through the trial, regardless of the law.
A judge or court engages in a policy of judicial restraint, by contrast, may have a history of the
defense of the laws as written, and adherence to precedent. The political composition of a restraint–
based court should have little effect on decisions, because the judges will ... Show more content on
Helpwriting.net ...
Problems and confusion about the meaning of these terms usually begin when these philosophies are
placed in a framework of good and evil, moral versus immoral, or objective versus subjective
positions. Judicial activism is often, but incorrectly, associated with liberalism, while judicial
restraint also incorrectly interpreted as a conservative viewpoint. In fact, some decisions may argue
to be examples of conservative judicial activism, while others may be claimed to be examples of
liberal judicial

Napier Proteins Ltd : Enforceability Of Restraint Of Trade...
Memorandum
To: Diane Westwood.
From: 8701100.
Re: Napier Proteins Ltd – Enforceability of Restraint of Trade Provision.
Date: 1st May 2017.
Napier Proteins Ltd, our client, wants to stop the operation of Wanganui Byproducts Ltd. You have
asked me to review a restraint of trade provision in John's employment agreement with Napier
Proteins Ltd (Proteins) and the ability to enforce it against Wanganui Byproducts Ltd (Byproducts).
The issues relating to the use of confidential information will not discuss.
I Issues
A. The overarching issue is whether Proteins could justify piercing the corporate veil and stop the
operation of Byproducts by enforcing restrictive covenant under John's employment agreement.
B. Does the restrictive ... Show more content on Helpwriting.net ...
John's brothers Alan and Rex are the directors and shareholders. Alan is the CEO and is working in
the business on a day to day basis.
John has no official role at Byproducts but is providing technical knowledge and advice on a
contracting basis.
IV Discussion
A. Piercing the corporate veil
1. Legal Principles
The common law treats piercing the corporate veil as an exception to the Salomon's principle of the
separate juristic personality of a body corporate [1]. One of these occasions is the restraint of trade
under an employment agreement [2].
Prest v Petrodel Resources Ltd [2013] [3] is an example where piercing the veil was usually a last

resort, and that remedies outside of piercing the veil, particularly in equity, or law of tort, could
results on the facts of each case. [4] Mrs Prest issued claim against Mr Prest based on companies
owned by Mr Prest when their marriage breakdown. Mr Presr denied that he owned these companies
relying on principle of company's separate entity. The Supreme Court unanimously agreed that the
companies should be ordered to transfer the properties but not to pierce the veil. [5] The court
reasoning is that the legal interest in the properties is vested in the companies and not in the
husband. [6]
If Proteins relying on enforcing the restraint covenant to pierce the veil must satisfy the tests set up
by the UK Court of Appeal in Gilford

The Pros And Cons Of Restraint
Restraints limit a patient's movement. This brings up many ethical debates and issues. There are
certain guidelines that should be followed when it comes to using restraints. It is important to know
the different kinds of restraints, how to apply a physical restraint properly and how to administer a
chemical restraint safely. It is important to consider alternatives as the use of restraints can present
risk and negative outcomes.
History of Restraints Restraints were incorporated into health care many decades ago. "In the late
1970s, more than 25% of U.S residents in long–term care facilities were restrained compared to a
current average of 5%" (Taylor, Lillis, Lynn, 2015, p. 707). "Since 1987, the federal government and
accrediting agencies have worked to reduce or eliminate the use of restraints" (Taylor et al. 2015, p.
708). Also according to Taylor, Lillis, and Lynn (2015) a Safety Alert from the Food and Drug
Administration (FDA) in 1995 informed nurses and other members of the health care team the risks
of using side rails, especially when all four side rails are up.
Different Types of Restraints There are three categories of restraints. The three categories are
physical, chemical, and seclusion. According to Springer (2015), a physical restraint is a device that
keeps the patient from moving freely or from the patient harming themselves or other people nearby.
Chemical restraints are drugs that are administered that do the same thing a physical restraint does.

Restraint In Health And Social Care Essay
Is it ethical to use restraint in the treatment of mentally ill? This essay will be exploring whether it is
ethical to use restraint in the treatment of the mentally ill. Restraint is when someone's actions or
behaviour is controlled by force to prevent harm. There are many types of restraint; physical,
chemical, mechanical and psychological. Physical restraint is when a person uses bodily force to
restrict, restrain or prevent a person's movement that may cause harm to the individual or others.
Chemical restraint is when drugs are administered to restrict the freedom and movement and in
some cases sedate the patient. Finally psychological restraint is when a person's privileges are
withheld. However in a psychiatric environment there are ethical principles that need to be
considered when treating a patient. Ethics is the study of psychological beliefs which explores what
is right and wrong in ... Show more content on Helpwriting.net ...
The four factors include, indication for medical intervention which allows to explore the patients
options, secondly the preferences of the patient, making sure anything you do is in the patients best
interest. Thirdly quality of life which proposes the best possible treatment for better quality of life
and finally contextual features so if there is any beliefs/cultural/legal factors to support the decision.
A case study of a patient called David 'Rocky' Bennett who passed away after being restrained by
four staff members over twenty five minutes, due to being racially abused by another patient. An
inquiry was made which brought to light institutional racism within the NHS with the findings of the
use of seclusion and detention and excessive use of medications in black patients and over diagnosis
of black people with mental health problems. Here we can see the four quadrant approach was not
used to analyse David's case and his death could have been

Judicial Restraint
Sean Aguilar AC–1404178 CO8V – American Government Writing Assignment # 8 01/26/2015
Whitfield V. The United States The case that I identified for this paper, is – "WHITFIELD v.
UNITED STATES." This is a very interesting case because the whole case focused on a single term
– "Accompany" and the extent to which this word can be used while dealing with legal matters.
Claimant Whitfield, running away a messed up bank robbery, went into 79 – years old Mary
Parnell's house and steered a frightened Parnell from the hallway to an area few feet away, where the
woman suffered a heart attack. He was found guilty of, amongst other things, breaching 18 U. S. C.
§2113(e) that establishes increased penalties for any person that forces another individual to go
along with him or her without proper consent from that particular person while robbing a bank or
escaping after conducting a crime of such. Justice SCALIA, J., conveyed the judgment for a
common Court. As I see, this is a clear case of Judicial Restraint. The term "Judicial Restraint" is
used to explain a kind of judicial understanding, which highlights the restricted nature of the court's
authority. Judicial restraint requests judges to establish their judicial conclusions exclusively on the
perception of stare decisis that refers to a requirement of the ... Show more content on
Helpwriting.net ...
The National Women's Political Caucus (NWPC) introduces Ariana Ayu as their most up – to – date
Executive Board Member to this growing 43 – year group whose objective is to take on, coach, and
elect competent women politicians (wtrf.com, 2015). In 2014, NWPC supported Alison Lundergan
(Kentucky), Senator Jeanne Shaheen (New Hampshire), and Senator Kay Hagan (North Carolina) as
the running candidates for the US Senate. In addition to that, NWPC also supports Terri Sewell
(Alabama), Ann Kirkpatrick (Arizona), Heidi Hall (California), and Rosa DeLauro (Connecticut) as
the candidates for the U.S. House of

American Restraints
The juxtaposition between the British health care system versus the American one is shocking to see
in these next chapters. The use of restraints and a face mask, for one, seems incredibly backwards
and brutal, border line abuse. As Saks described it, it is hard to imagine why these people would
choose to go into this field if they are more afraid of the people they are trying to help. Her time in
the psychiatric facilities in the United States really exemplify the overarching stigma faced by
people with mental illness at that time. While she was in England, she was allowed to leave at her
own will, say any thought she had without impunity, and treated with respect. However, after being
committed against her will in New Haven, she was forced ... Show more content on Helpwriting.net
...
What I really cannot understand is the punishments given to patients for "misbehaving." For
instance, if Saks said anything too crazy, such as saying she could stab someone with her plastic
fork, she would immediately be placed in restraints for long hours at a time. No one in the hospital
seemed genuinely interested in treating her beyond pumping her system with drugs. The New Haven
hospital was similar to "the Center" that Saks went to for her drug problem as a teenager: more time
was devoted to having people just "get over it" rather than hearing a patient's problem and
addressing it. Furthermore, the rules on ethics and doctor–patient confidentiality seemed to be
nonexistent at that facility. They contacted her parents against her earlier wishes and even essentially
pulled her out of school. Although they may have believed they were acting in her best interest,
ethically they should not have been able to disclose medical information of an adult to

Prior Restraint

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