Analysis of People of Hinkley vs. PG & E I. First Cause of Action: Strict Liability: Civil wrong for which there is absolute liability because the inherent danger in the underlying activity. The prima facie elements of strict liability are as follows: 1) Hazardous condition or activity: Toxic water from the PG&E plant getting into the water of the community. 2) Causation: Actual Cause: the element of negligence that connects the duty and the breach of duty to the injuries to the plaintiff. The “but for” test for causation is used.
A business competition tort states it is a tortious interference with an existing contractual relationship. They also had specific knowledge of the contract and actively interfered with the contract. Scenario: WIRETIME, Inc. (Steve and Walter) Discuss any liability BUGusa, Inc., may have for Walter's actions. BUGusa, Inc. can be liable for Walters's actions because Walter held Steve in a sound proof room. This can be considered false imprisonment, also negligence.
Fact: In 1998, Brenda Evans (plaintiff appellant) terminated her employment at Eaton Corporation (defendant appellant) and filed for long-term disability benefits. Eaton Corporation, a multinational manufacturing company that funds and oversees long-term disability benefits plans for its employees, terminated Ms. Evans's benefits in 2004 based on controversial issues pertaining to her medical reports. Ms. Evans sued under Employee Retirement Income Security Act (ERISA) to recover her benefits. The medication that Ms. Evans was prescribed improved her rheumatoid arthritis, yet she still complained of sever back pain from a previous car accident. Her doctors confirmed that these medical problems resulted in her being totally disable.
Week 2: Case Study 3-2: Amgen Whistleblowing Executive Summary Submitted by Elondra Cousin ACCT530: Acct Ethics & Related Regular Issues Professor: Laura Prevratil May 18, 2014 Introduction The purpose of this paper is to review the assigned “Case Study 3-2: Amgen Whistleblowing.” In addition, discuss how Amgen's unethical behavior contributes to the problems with Medicaid kickbacks. Explain why the public considers this scandal to have an unethical dilemma? Explain what is meant by whistleblowing? Discuss any gaps between public expectations of ethical standards and universal professional codes of ethical standards. Case Study Amgen Inc. is a pharmaceutical company based out of California.
Children who have lost their mothers are 10 times more likely to die prematurely. Over 80 percent of maternal deaths are caused by hemorrhage, sepsis, unsafe abortions, and hypertensive disease. These deaths could have been prevented with adequate access to reproductive health services equipment supplies and skilled health care workers. (United Nations,
It takes twelve thousand American lives per year; which ends up being two percent of America’s cancer death rate per year. I did not know much about this cancer because it is never publicized in the media until all of a sudden my girlfriend’s father, Jeff, got diagnosed with it in 2009. This was not only a huge surprise but a heart breaker as well. When someone hears that they could be losing a close friend
Amyotrophic Lateral Sclerosis: Lou Gehrig’s Disease Amyotrophic Lateral Sclerosis: Lou Gehrig’s disease Amyotrophic lateral sclerosis (ALS) – a devastating neuromuscular disease that strikes adults in the prime of life – has puzzled physicians since it was first described in medical literature more than 100 years ago. ALS was made famous by baseball legend Lou Gehrig – but anyone can get this disease. ALS is a fatal disorder that causes progressive muscle paralysis. ALS is a terminal neurological disorder that robs patients of their ability to dress themselves, eat, walk, and speak. Patients generally survive three to five years after being diagnosed, with death generally occurring due to respiratory failure.
Effective Risk Management Law/531 December 5, 2011 Effective Risk Management A tort is defined as a civil wrong between people and/or entities (Cheeseman 2010). There are two types of torts. The two are intentional and unintentional torts. An intentional tort is when there is intent to cause harm on another. An unintentional tort is when a person is liable for harm that is the foreseeable consequence of his or her actions due to negligence (Cheeseman 2010).
And after a year she took early retirement. This is not a good way to retire and her life will never be the same .A study was done showing that by increasing nurse staffing by one additional RN per patient-day would avoid seven cases of hospital-acquired pneumonia in ICU patients, and less risk for development of late-onset ventilator associated pneumonia. (Penoyer, 2010, pg.1525) In my area of specialty postpartum unit, three years ago we were assigned five couplets that mean charting on ten patients. Since AWHONN reviewed this unsafe practice we are now assigned three couplets. Let’s not forget we are charting on six patient mother and baby.
DNA though proved that her father was innocent and the charges were dropped. (Asseal, Shaun) Child Abuse can be exaggerated by saying that that more children are abused each year when it’s not true. For example, Douglas J. Besharov a visiting professor at the University of Maryland's School of Public Affairs., says that “in the late '80s, the nation was told that 375,000 drug-exposed babies were born each year; Washington policy-makers were immobilized by estimates that tens of billions of dollars were needed to protect these children. In fact, the true number was closer to 35,000, and a decade later, the government has yet to mount a meaningful program for the children of addicts.” (Besharov, Dembosky) In conclusion, child abuse has been occurring since the beginning of time. Although child abuse is common and the statistics prove that, people say that it could be over exaggerated or the child’s statement isn’t true.