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The Issue Of Affordable Healthcare - 1302 Words

Franklin D. Roosevelt once said, â€Å"Remember, remember always that all of us, and you and I especially, are descended from immigrants and revolutionists.†. It is a common assertion that the United States is a â€Å"melting pot†-a mixture of numerous different cultures, ethnicities, religions, and people hailing from all over the world. However, just as proudly as this is proclaimed, there is another truth that becomes evident: prejudice against those who dare to make a better life by emigrating to the U.S. is alive and thriving. This unfortunate reality is nothing new. â€Å"Immigrants constantly face being discriminated against because of the color of their skin, the sound of their voice, or simply because of the way they look and their beliefs†Ã¢â‚¬ ¦show more content†¦This also reported that the average immigrant contributes around $120,000 more in taxes than what they consume in public services. David Card of the University of California discovered th at â€Å"immigration yields a 5% increase in overall wage quality† (Manhattan Institute). Immigrants, especially undocumented immigrants, tend to be employed in low-skilled, labor-intensive careers. The notion that migrant workers â€Å"steal† jobs from honest, hard working Americans is rapidly being disproved; an American Community Survey done in 2013 revealed that the top two jobs for immigrant workers without high school diplomas were positions as maids and housecleaners, with line cooks coming in a close second. However, the top two occupations for native workers were cashiers and truck drivers (Tanvi Misra, City Lab). The results are clear: undocumented immigrants and native born workers are not competing for the same jobs. These positions need to be occupied, and more often than not it is immigrants who fulfill them; they do not just stabilize the economy, they are actually proven to enhance it. To deny the civil rights of men, women, and children who require the m is a deplorable offense. The healthcare reform laws enacted by the government back in 2010, commonly referred to as the Affordable Care Act, declares illegal immigrants unqualified for health coverage. Paying for the astronomical costs of healthcare out of pocket is usually impossible for many

Case Study of Negligence Free Essays

Duty of care Issue: Does defendant (David or the Bright Smiles Dental Surgery) owned duty of care to plaintiff (Tony)? Rules: * The neighbour principle: In Donoghue v Stevenson1, Lord Atkin concluded that we all owe a duty of care to our â€Å"neighbors†, meaning those persons who we should have in mind when we are contemplating actions that we take as we go about our business and private lives. * Neighbour Defined: â€Å"My neighbors are persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when directing my mind to the acts or omissions which are called in question†. Foreseeability: For an action in negligence to succeed, it must be foreseeable that the act (or omission) of the defendant could cause harm to the plaintiff. We will write a custom essay sample on Case Study of Negligence or any similar topic only for you Order Now The test is one of â€Å"reasonable foreseeability†, which is an â€Å"objective†. * Proximity: There must be some relationship between the parties for the duty to exist. In other words, proximity that requires care to be taken must exist. Application: As Tony was having the surgery in the Bright Smiles Dental Surgery, therefore, whatever will happen based on the surgery, it should be the duty of care of the Bright Smiles Dental Surgery. Be more specific, David is employed there as a full-time dentist and he was the one who attached the artificial teeth by strong dental glue instead of the way which recommended by leading dentists. If David did not change the way of attach the teeth, Tony would never get a severe infection caused by the method of fitting of the artificial teeth. Conclusion Applying the neighbour principle and reasonable foreseeability, David or the Bright Smiles Dental Surgery do owed the duty of care of Tony. And it is foreseeable that the act of the defendant, which may be David or the Bright Smiles Dental Surgery, could cause harm to the plaintiff, which is Tony. Breaching that duty of care Issue: Does the defendant (David or the Bright Smiles Dental Surgery) breach his duty of care? Rule: * Reasonable person-Standard of care: the standard person would have foreseen harm in the circumstances and would have taken steps to prevent it. The defendant will be in breach of their duty if reasonable steps are not taken to prevent foreseeable harm. The test is an objective one –what a reasonable person thinks. * Weighting test: 1. The likelihood of injury: If the risk of injury is minimal, there will be no breach of the duty of care. 2. Gravity of injury if occurring: The seriousness of any resulting injury 3. Steps needed to remove the risk: The steps required to eliminate the risk 4. Benefit (social utility) of the defendant’s conduct: The social utility of the defendant’s conduct must be weighed against the gravity of the risk. Application As David’s conduct is measured against the reasonable person who should told Tony there was a risk to use the dental glue . It is possible that David get hurt from the dental glue and the surgery. The gravity of injury is quite serious as his teeth fell out of the new desk while he was on TV presenting the evening news. After he got home his whole mouth was aching and he complained of severe pain in the gap left by extraction. For the steps to eliminate the risk, David should foresee the harm which caused by the dental glue and the possible consequence might cause. Last but not least, there is no benefit (social utility) of the defendant’s conduct. In fact, David could transfer Tony to his other workmate if he is not familiar with the way which suggested by the leading dentist. However, David chose to do it by using the strong glue which causes all the damage. Conclusion Hence, David did breach the duty of care of Tony as he was the reasonable person who should foresee the damage and it is easy to eliminate the damage. LOSS OR DAMAGE FOLLOING FROM BREACH OF DUTY Issue Was Plaintiff (Tony)’s damage the direct result of defendant (David or the Bright Smiles Dental Surgery)’ breach? Rules * Causation (but for test): But for the conduct of defendant, would the damage have been suffered? The test was explained well by Lord Denning in Cork v. Kirby Maclean Ltd (1952) 2 ALL ER 402 at 407 , as follows: If you can say that the damage would not have happened but for a particular fault, then that fault is in fact a cause of the damage; but if you can say that the damage would have happened just the same fault or no fault, then the fault is not a cause of the damage. If there is more than one cause of the damage the â€Å"but for† test will have limited application. In such case the courts will use a â€Å"balance of probabilities’ test in determining causation. * Remoteness of damage (reasonable foreseeable test, the test is objective) would a reasonable person have foreseen the damage? * Assessment of damages: the aim of damages is to compensate the plaintiff for the loss or damage that flowed from the defendant’s breach of duty of care owed. Such loss or damages is quantified by the judge hearing the case to compensate the plaintiff not only for their actual loss but for their future potential loss as well. Application After diagnosing of Tony’s mouth, it was certified that there was a severe infection in Tony’s gum that was shown in tests to be caused by the method of fitting of the artificial teeth. In fact, as David decided to use the dental glue, instead of the traditional method that was recommended by the leading dentist. And David, who is the reasonable person, owned the duty of care of Tony. According to the fact, Tony not only suffers variety of physical damage but also physiological damage. He became depressed due to his appearance and loss of work, and is seeing a counsellor for therapy who suggested him to go for a holiday. Therefore, he had suffered the medical and dental expense total $ 14, 000, loss of wages $ 12,000, and counselling$1,800. And the cost of trip is $ 5,000. Conclusion: Therefore, Tony’s damage directly resulted from David’ breach of duty of care. If He in civil proceedings is successful, a remedy will be rewarded as compensation of dental expense $ 14, 000, loss of wages $ 12,000, and counselling$1,800. And the cost of trip is $ 5,000. What is more, he could DEFENCES TO AN ACTION IN NEGLIGENCE Issue Are there any defences available to defendant (David or the Bright Smiles Dental Surgery)? Rules Defences to an action in negligence: * Contributory negligence: It occurs where the plaintiff can be held partly to blame for the loss sustained as result of a failure to take reasonable care against a foreseeable risk of injury. This rule has been modified by statue in Section 26 of the Wrong Act 1958 3(Vic. ): Where any person suffers damages as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damage recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant’s share in the responsibility for the damage. Voluntary assumption of risk: if a person assumes the risk of injury voluntarily, this is complete defence to a claim of negligence. It is difficult defence to rise as it must be proved that the plaintiff was aware of the risk and accepted that risk freely. Application After checking Tony’s x-rays, David extracted the teeth and put the artificial teeth in place. However, David was not familiar with the accepted method of attaching artificial teeth recommended b y leading dentists and instead attached them by way of strong dental glue. However, it was David determined to use the strong dental glue instead of the method recommended by the leading dentist. On the other side, Tony should figure out that his method is different from the one which recommended by the leading dentist, and he should do some more consulting of the new method which was going to be used in his surgery. Conclusion Therefore, Tony did contribute to his damage as he did not check his new method which causes the inflection and further damage. How to cite Case Study of Negligence, Free Case study samples

On the Roads optimism Essay Example For Students

On the Roads optimism Essay In Jack Kerouacs novel On the Road, the narrator, Sal Paradise offers up to us what seems to be a very optimistic view on life. He is forever singing the praises of how wonderful his adventures will be and his high expectations for the future. To Sal, the novel is defined by youthful exuberance and unabashed optimism for the new experiences that he sets out to find. A deeper look into the novel, as well as a look at some of the critics who have written on it, reveals a much darker side, a more pessimistic and sad aspect that Sal simply fails to realize until the very close of the action. Whether Sal is hopped up on the optimism of jazz music, secure in his belief that he is off to find IT, or just excited about the promises of a night out in a new city, he is consistently selling the reader on the positive nature of the situations. To be more honest though, On the Road is a novel in which Sal, and the people with whom he surrounds himself, find themselves steeped into a near constant cycle of enthusiastic optimism for the future, which is then followed by a disparaging pessimism for the situations reality. While Sal might note that he desires the freedom and happiness of the open road, Ann Douglas says that ;this is the saddest book that Ive ever read (Douglas, 9). While Sal attempts to show a exuberant and triumphant story of youthful optimism, critics and the actual events of the novel alike seem to point towards the fact that this same optimism turns the novel into a pessimistic story showing the actualities of life. Sals optimism can be defined by hopeful, often unrealistic, ambitions for the future. Without any real knowledge of what they will encounter, since the road often lands them in cities and towns where they have never been, the characters almost exclusively hope for the best, think everything will work out just fine never considering the clear possibilities for disappointment. High expectations for parties or a hope to make it across the country using only one road are just two example of the blind optimism seen throughout the novel. While the headstrong characters of the novel run about the country thinking that everything will be all right, the actuality remains that most situations end in sorrow or adversely affected lives. Picking up hitchhikers who ultimately fail to have the gas money they promised, parties that end in disaster or argument, and emotionally abused wives and lovers almost always win out over the brand new car that might take them to Mexico or exultation that is sure to find them within the walls of a jazz club. The influence of Dean Moriarty on the novel, in terms of everything from plot to general tone to the thoughts and dreams of Sal, is immeasurable. Most importantly though, he is the catalyst for much of this blind optimism for in a sense, he personifies blind optimism. During the long introduction of Dean in the first chapter, Sal shows the vast impression that Dean will have on the tone of the novel: all my New York friends were in their negative, nightmare position of putting down society and giving their bookish or psychoanalytical reasons, but Dean just raced in society, eager for bread and love; he didnt care one way or the other (Kerouac, 7). Deans refusal to look at the world with a disapproving eye and always having hope for simple things like food and sex exemplify his personification of optimism. .u98c07b0b749850dfb1dab714c4bfbba2 , .u98c07b0b749850dfb1dab714c4bfbba2 .postImageUrl , .u98c07b0b749850dfb1dab714c4bfbba2 .centered-text-area { min-height: 80px; position: relative; } .u98c07b0b749850dfb1dab714c4bfbba2 , .u98c07b0b749850dfb1dab714c4bfbba2:hover , .u98c07b0b749850dfb1dab714c4bfbba2:visited , .u98c07b0b749850dfb1dab714c4bfbba2:active { border:0!important; } .u98c07b0b749850dfb1dab714c4bfbba2 .clearfix:after { content: ""; display: table; clear: both; } .u98c07b0b749850dfb1dab714c4bfbba2 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u98c07b0b749850dfb1dab714c4bfbba2:active , .u98c07b0b749850dfb1dab714c4bfbba2:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u98c07b0b749850dfb1dab714c4bfbba2 .centered-text-area { width: 100%; position: relative ; } .u98c07b0b749850dfb1dab714c4bfbba2 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u98c07b0b749850dfb1dab714c4bfbba2 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u98c07b0b749850dfb1dab714c4bfbba2 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u98c07b0b749850dfb1dab714c4bfbba2:hover .ctaButton { background-color: #34495E!important; } .u98c07b0b749850dfb1dab714c4bfbba2 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u98c07b0b749850dfb1dab714c4bfbba2 .u98c07b0b749850dfb1dab714c4bfbba2-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u98c07b0b749850dfb1dab714c4bfbba2:after { content: ""; display: block; clear: both; } READ: The Literacy Narrative, A Discourse Community Analysis, And A Writing Research Essay This early passage of the novel shows that Dean will and eventually does become the driving force in the optimism that marks much of the book. Deans lust for life guides himself and Sal to places such as jazz clubs, old friends houses, and even Mexico. But with Dean as well as the cohorts that follow his madness, (Sal, Ed Dunkel, Carlo Marx and many more) the result ends up being much less than ideal, despite the fact that they sometimes happen to receive that ;bread and love; along the way. Adventures such as Deans continually failed .