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Mcdonald coffee case
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1. The McDonalds Coffee Case is still one of the most controversial tort cases in recent history. Some felt that the woman should have known that hot coffee posed a risk, while others agreed that McDonalds should have prevented the injury. What do you think? Was Ms. Liebeck more responsible for her injury than the original court decided? McDonalds was responsible for the injury and could have prevented the injury, because McDonald shouldn’t have ever serve hot coffee. Plus that’s one of McDonald’s regulations to not serve hot coffee. Ms.Liebeck claims “that the coffee was hotter through the drive-thru than it was when purchased inside the restaurant”. Ms.Liebeck is responsible, because the coffee spilled when it was given to her during drive-thru …show more content…
Medical professionals and other caretakers are held to a higher degree of responsibility for those in their care. Why do you think this is (or is not) important? Medical professionals and other caretakers are held to a higher degree of responsibility for those in their care, because medical malpractice cases are those that seek to hold physicians and medical establishments accountable for any actions that results in physical harm or death as a result of negligent behaviors. I believe that medical professionals and other caretaker are responsibility because they are the responsible that the plaintiff is hurt and those in their care (example family, or nursing home) are watching the plaintiff while there recovering. 3. The Tarasoff decision made it mandatory that medical (or other) professionals who know someone is going to be, or is being, harmed report it to someone. In your opinion, is this an important requirement? Why or why not? I believe that its mandatory that medical professional who know someone is going to be, or is being, harmed report it to someone, because if that person sue the medical professional, they can get blame for something they didn’t do but they knew about. Which can be used against you during the
Medical malpractice cases are difficult for the families who have lost their loved one or have suffered from severe injuries. No one truly wins in complicated court hearings that consist of a team of litigation attorneys for both the defendant and plaintiff(s). During the trial, evidence supporting malpractice allegations have to be presented so that the court can make a decision if the physician was negligent resulting in malpractice, or if the injury was unavoidable due to the circumstances. In these types of tort cases, the physician is usually a defendant on trial trying to prove that he or she is innocent of the medical error, delay of treatment or procedure that caused the injury. The perfect example of being at fault for medical malpractice as a result of delaying a procedure is the case of Waverly family versus John Hopkins Health System Corporation. The victims were not compensated enough for the loss of their child’s normal life. Pozgar (2012) explained….
“One of those obligations is that it must exercise a proper degree of care for its patients, and, to the extent that it fails in that care, it should be liable in damages as any other commercial firm would be
How was McDonald’s supposed to know that Stella would spill the coffee on herself? Coffee is meant to be served hot, just as blades are meant to be sharp. Stella suing for being burned by coffee is the same principal as a person suing a knife company after being cut by one of their products. The world is a dangerous place; many things around us have the capability to cause damage. Corporations should not be held responsible for any damage sustained after using their product improperly. McDonald’s could not have prevented Stella spilling the coffee on herself.
Not only do health care providers have an ethical implication to care for patients, they also have a legal obligation and responsibility to care for the patient. According to the Collins English dictionary, a duty of care is ‘the legal obligation to safeguard others from harm while they are in your care, using your services or exposed to your activities’. The legal definition takes it further by making it a requirement that a person act towards others and the public with watchfulness, attention, caution and prudence which a reasonable person in the circumstances would use. If a person’s actions fail to meet the required standard, then the acts are considered negligent (Hill and Hill, 2002). If a professional fails to abide to the standard of practice for their practice in regards to their peers, they leave themselves open to criticisms or claims of breach of duty of care, and possibly negligence. Negligence is comprised of five elements: (1) duty, (2) breach, (3) cause in fact, (4) proximate cause, and (5) harm. Duty is defined as the implied duty to care/provide service, breach is the lack thereof, cause in fact must be proven by plaintiff, proximate cause means that only the harm caused directly causative to the breach itself and not additional causation, and harm is the specific injury resultant from the breach.
Most people will not recognize the name Stella Liebeck but say the words “hot coffee lawsuit” and recognition will be instant. The story is almost so well known that it has almost passed into the realm of urban legend or myth. And in the broad strokes it has become a bit of a myth. An old woman drives through a McDonald’s drive through, orders a cup of coffee and then promptly and recklessly spills the beverage all over her legs. Then in search of an easy payday she sues the restaurant for millions of dollars, ultimately walking away a millionaire with no more damage than a ruined pair of sweatpants. The story has been held up as a parable for what is wrong with America today. The well-worn story can be held up to serve as a totem pole for any number of issues. People don’t want to work for money anymore, just look at that hot coffee lady. People don’t want to take responsibility for their actions, just look at that hot coffee lady. People are idiots, look at that coffee lady. As it turns out, the “coffee lady” is a good story for examining the world we live in today, but not for the reasons that might be expected.
From the point of view of Kantian ethics the strategy of Starbucks in the case of its legal persecution of the Charbucks brand is not a rightful approach. Kantian ethics implies that in any case concerned people have to be treated as human beings and not like the objects. In the actions of Starbucks there is a clear pattern of not considering the human factor in their legal case against the Black Bear. The ethical approach of Utilitarianism does not justify the actions of Starbucks Company either. This ethics views each action from the position of the co...
Providers must act in the best interest of the patient and their basic obligation is to do no harm and work for the public’s wellbeing. A physician shall always keep in mind the obligation of preserving human life. Providers must communicate full, accurate and unbiased information so patients can make informed decisions about their health care. As a result of their recommendations, providers are responsible for generating costs in health care but do not generate the need for those expenses. Every hospital has both an ethical as well as a legal responsibility to provide care, even if the care may be uncompensated.
The larger serving size of Great Cups of Coffee is perhaps the most apparent gage that will improve appeal for the company’s customers. Receiving extra of a proportionately quality product for a comparable price obviously works as an enticement for customers to prefer Great Cups more than the opposition. While customers identify with a better quality and superior taste with fresher coffee, Great Cups supports its effective model of serving coffee that has been roasted no more 72 hours ago and that is blended and ground right at the store. Great Cups also provides as an unintended marketing method community bulletin boards and assists with book club gatherings as well as
The company started its activity in 1971 as small coffee shop located in Seattle specialized in selling whole arabica coffee beans. After being taken over by Howard Schultz in 1982, following a rapid and impressive growth, by mid 2002 the company was the dominant specialty-coffee brand in North America, running about 4,500 stores, 400 international stores and 930 licenses.
First, my personal reaction to this is documentary is an eye opener. I knew McDonalds was more harmful to than other fast food places, but I never knew about the lawsuit between McDonalds and it consumers. I never saw McDonalds as having big impact on my life; this is probably because the McDonald’s in my hometown never had a super-size option. In the video, Spurlock conducted interviews to gain ...
...y is not absolute and that the disclosure and justification of some individuals cases can potentially be successful. Moreover the person who disclosed the information will always be the person under scrutiny of the common law. Professionally, if the health care worker adhere to the policy it offers much protection for the topic of confidentiality and the correct attitude to retain information correctly.
Starbucks recognizes its employees for much of its success. This is due mostly to maintenance of a great and proven work environment for all employees. The company does not have a formal organizational chart; sot employees are permitted by management to make decisions without a management referral. Moreover, management trust and stands behind the decision of the employees and it is this that allows for employees to thinks for themselves as a part of the business, so as to make them feel as a true asset and not as just another employee.
Disclosure of pertinent medical facts and alternative course of treatment should not be overlooked by the physician in the decision making process. This is very important information impacting whether that patient will go along with the recommended treatment. The right to informed consent did not become a judicial issue ...
Compare the globalization approaches of Starbucks & McDonalds The parameters to be used for this comparison are:
Laws and regulations state there are no exceptions to disclosing information of a patient without consent. If a patient gives consent to a family member the healthcare provider may devise a code to give family members so they may confirm their identity.