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- 1. ImpactoftheLawonNursinginSele ctedPracticeSettings.docx by Doris Untalan Submission date: 02-Apr-2020 11:08PM (UTC-0400) Submission ID: 1288367786 File name: ImpactoftheLawonNursinginSelectedPracticeSettings.docx (23.63K) Word count: 998 Character count: 5318 Doris Untalan Doris Untalan Doris Untalan Doris Untalan
- 2. 59% SIMILARITY INDEX 0% INTERNET SOURCES 0% PUBLICATIONS 59% STUDENT PAPERS 1 44% 2 14% 3 1% Exclude quotes On Exclude bibliography On Exclude matches Off ImpactoftheLawonNursinginSelectedPracticeSettings.docx ORIGINALITY REPORT PRIMARY SOURCES Submitted to Sophia University Student Paper Submitted to Aspen University Student Paper
- 3. Submitted to University of Hong Kong Student Paper ImpactoftheLawonNursinginSelectedPracticeSettings.docx PAGE 1 PAGE 2 PAGE 3 PAGE 4 PAGE 5 PAGE 6 ImpactoftheLawonNursinginSelectedPracticeSettings.docxby Doris UntalanImpactoftheLawonNursinginSelectedPracticeSettings.do cxORIGINALITY REPORTPRIMARY SOURCESImpactoftheLawonNursinginSelectedPracticeSettings. docx ACC 405
- 4. OUTLINE Spring Contracts BasicsFour Elements of a Valid Contract 1. Agreement (Offeror makes offer & Offeree accepts) 2. Consideration (Bargained for exchange) 3. Contractual Capacity (Legal ability to enter a K) 4. Lawful object (K must have a lawful purpose and/or subject) Two categories of Defenses Against Contract Enforcement 1. Lack of Genuine Assent · Mistake (Unilateral v. Mutual)
- 5. · Misrepresentation (Innocent v. Negligent v. Fraudulent) · Undue Influence · Duress · Unconscionability 2. Lack of Proper Form* (does this K need to be in writing?)Classification of Contracts · Bilateral (promise for a promise) v. Unilateral (promise in return for performance) · Express (written or spoken words) v. Implied (based on actions of the parties) · Executed (all terms fully performed) v. Executory (a term remains to be fulfilled) · Formal (K requires special form due to nature of K) v. Informal (no formalities) · Valid (all elements satisfied), Void (illegal, adjudicated insane), or Voidable (minors, crazy, impaired - can withdraw) · Quasi-contract is an implied-in-law contract to avoid unjust enrichment Agreement (Element 1) · Requires Offer & Acceptance · Valid offer has 3 requirements: 1. Manifestation of offeror’s intent to be bound (reasonable
- 6. person standard) 2. Definite and certain terms 3. Communication of offer to offeree · Offer can be terminated 5 ways: 1. Revocation by offeror before acceptance by offeree 2. Rejection by offeree (counter-offer is a rejection and a new offer) 3. Death or incapacity of offeror 4. Destruction or subsequent illegality of subject matter 5. Lapse of time/Failure of condition(s) specified in offer · Valid acceptance has 3 requirements 1. Manifestation of offeree’s intent to be bound (silence generally insufficient) 2. Identical terms of offer (Mirror Image Rule) 3. Effective when communicated to offeror (Mailbox Rule) Consideration (Element 2) · Something of value, given in exchange for something else of value, which is the product of a mutually bargained for exchange · Generally there must be consideration for contract to be enforceable
- 7. · Exception: Promissory estoppel (ex - aunt condo Costa Rica) · Forbearance of a legal right can be consideration (Ex. I will not smoke for a year) · No consideration: Gift, illusory promise, past consideration, pre-existing duty (unless unforeseen circumstances) · Requirement Ks and Output Ks require parties to act in “good faith” – UCC Ks Capacity (Element 3) · Those adjudicated insane completely lack capacity = VOID · Minor may disaffirm K up to a reasonable time after reaching age of majority = VOIDABLE · Minor can ratify a K after they reach age of majority (implied or express) Legality (Element 4) · K must have legal subject matter and performance must be legal. IF illegal = VOID.Contracts in Writing · *Statute of Frauds applies to: (these types of Ks need to be in writing to be enforceable) MYLEGS · Contracts for land · Contract to pay the debts of another (guarantor) · Promise in consideration of marriage · Sale of goods > $500 · Performance of K requires more than one yearThird Party Rights to Contracts · Obligor owes duty; Obligee is owed duty · Assignment of contract rights: Obligor, Obligee/Assignor, Assignee
- 8. · Delegation of contract duties: Obligee, Obligor/Delegator, Delegatee · Intended third party beneficiary can sue (life insurance) · Incidental third party beneficiary cannot sue (Circle K example)Discharge and Remedies · Performance is the most common cause of discharge · Material breach · Anticipatory breach/repudiation is a breach occurring before performance is due · In anticipatory breach, non-breaching party immediately discharged and can sue · Mutual rescission – We both walk away · Types of damages: Compensatory, Consequential, Punitive, Nominal, Liquidated · Non-breaching parties have a duty to mitigate their damages · Review damage calculation slides Re: Substitute goods & Substitute work You are meeting with clients today who want you to make a recommendation for what form of business might be best for them. There are two to them who want to run the company and there is at least one investor. The business is an organic soap company. What kinds of questions might you ask your clients in helping
- 9. them with this issue? Partner UP and discuss for 5 minutes. Practice Questions 1. Eric and Amy form a partnership to sell Who-Hahs. Eric is making a delivery for the company and accidentally runs over Cydney. Cydney sues Eric for negligence and won. Which is true: A. Amy is jointly and severally liable for Eric’s actions. B. Amy is jointly liable for Eric’s actions. C. Amy is severally liable for Eric’s actions. D. Amy had nothing to do with the accident so she is not liable at all. 2. Sam is a limited partner in Metro Company and Lucy is a general partner, in a limited partnership, which cannot pay its debts. Sam is personally liable for the debts A. To the fullest extent B. To the extent of his capital contribution C. In proportion to the number of other partners D. To no extent 3. Mac is an accountant for Clorox Company. He is also a member of the Board of Directors. He makes an honest error in overestimating the company’s profits. This is A. A breach of loyalty B. A breach of care C. Not a breach D. A breach of both duty of loyalty and care professional Development Exercises : YOU BE THE JUDGE The patient was to undergo a fundoplication surgery to repair an esophageal hernia. The procedure involves the insertion of an esophageal dilator, which at this institution is performed by the anesthesia team. In this particular instance, the dilator was to be inserted by a nursing anesthesia student. The student introduced herself to the patient immediately before the procedure. She used her first name only
- 10. and stated that she was a registered nurse who would be working with the nurse anesthetist and the anesthesiologist. The student referred to the nurse anesthetist by first and last names and to the anesthesiologist using the term doctor and his last name. During the insertion of the dilator, the student tore the lining of the esophagus. This required an open procedure to be performed, which resulted in complications for the patient. The patient sued for lack of informed consent, inadequate supervision, and negligence. Specifically, the patient argued that he had the right to know if a student was to perform any part of the procedure and that he had the right to refuse such participation. The court returned a verdict in favor of the patient on the part of inadequate supervision. As stated in the institution’s written policies, the student was to be supervised by an anesthesiologist, not merely a nurse anesthetist. QUESTIONS 1. Is the patient correct in asserting that he has a right to know the names and status of individuals who will be performing this procedure? 2. Does the manner in which the student introduced herself and the two other team members have relevance in this case? 3. Was the informed consent deficient to the degree that there was a lack of informed consent by the patient? 4. How would you decide this case? Guido, Ginny Wacker, JD, MSN, RN. Legal and Ethical Issues in Nursing (Legal Issues in Nursing ( Guido)) (p. 150). Pearson Education. Kindle Edition. · Read the case study presented at the end of Chapter 8 (Guido, p. 150) · Is the patient correct in asserting that he has a right to know the names and status of individuals who will be performing this procedure? · Does the manner in which the student introduced herself and the two other team members have relevance in this case? · Was the informed consent deficient to the degree that there was a lack of informed consent by the patient? · How would you decide this case?
- 11. · A patient is admitted to your surgical center for a breast biopsy under local anesthesia. The surgeon has previously informed the patient of the procedure, risks, alternatives, desired outcomes, and possible complications. You give the surgery permit form to the patient for her signature. She readily states that she knows about the procedure and has no additional questions; she signs the form with no hesitation. Her husband, who is visiting with her, says he is worried that something may be said during the procedure to alarm his wife. What do you do at this point? Do you alert the surgeon that informed consent has not been obtained? Do you request that the surgeon revisit the patient and reinstruct her about the surgery? Since the patient has already signed the form, is there anything more you should do? Now consider the ethical issues that such a scenario raises. Which ethical principles is the husband in this example most portraying? Which ethical principles should guide the nurse in working with this patient and family member? · Jimmy Chang, a 20- year- old college student, is admitted to your institution for additional chemotherapy. Jimmy was diagnosed with leukemia 5 years earlier and has had several courses of chemotherapy. He is currently in an acute active phase of the disease, though he had enjoyed a 14- month remission phase prior to this admission. His parents, who accompany him to the hospital, are divided as to the benefits of additional chemotherapy. His mother is adamant that she will sign the informed consent form for this course of therapy, and his father is equally adamant that he will refuse to sign the informed consent form because "Jimmy has suffered enough." You are his primary nurse and must assist in somehow resolving this impasse. What do you do about the informed consent form? Who signs and why? Using the MORAL model, decide the best course of action for Jimmy from an ethical perspective rather than a legal perspective. Did you come to the same conclusion using both an ethical and a legal approach? Please combine all of these responses into a single Microsoft
- 12. Word document for submission Submit only the assignments corresponding to the module in this section. You are not required to adhere to the 500-1000 word count for each of the responses, but please be thorough in your responses so that you adequately address all aspects of each question.