We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Professional standards - Essay Example

Comments (0) Cite this document
Summary
BREACH OF DUTY OF CARE (Code and (University name) Introduction A tort is a legal wrong done to someone and for which the law tries to provide a remedy. This is a civil action by one individual against the other and for which it is tried in court…
Download paper
GRAB THE BEST PAPER
Professional standards
Read TextPreview

Extract of sample
Professional standards

These principles arise from case laws. It can also be distinguished by the fact that breach depends on the actions of an individual and not on a previous agreement between parties as seen in contract law (HODGSON, et al, 2007). There are some examples of tort law which include; negligence, intentional torts, and nuisance. Negligence is the most common type of tort where the behaviour of an individual poses an unreasonable risk to people or property. The tort of negligence is established when it can be proven that there is an existence of duty of care between the two parties who are the defendant and the plaintiff. Secondly, when proven that the loss of harm was reasonably foreseeable. Also if it is established if there is a breach of duty on the part of the defendant. This is where it is proven that his behaviour falls below the threshold set for a reasonable person. Finally, negligence is proven if due to the defendant’s breach, there was loss or injury to the part of the plaintiff. Nuisance is a tort which implies that people should not interfere with other people right to quiet through the noise and pollution. If they do so, they are liable under the nuisance tort law. Finally, intentional tort covers acts that are reasonably foreseeable to cause harm and cause harm. ...
This is where the defendant needs to prove that the plaintiff was responsible for injury to some degree. If this is proven, the claimant will not recover anything. Also, the claimant recovers nothing if it can be proven that he voluntarily submitted himself to the injury, and he had knowledge of the risk. Finally, if it can also be proven that the injury or harm was as a result of the actions of a third party (LEVINSON, 2002). Statement analysis Looking at the below statements, some aspects clearly come up. “The standards of the profession, for example, are presumed by law to be reasonable standards. Such evidence is not by itself conclusive. It is not enough to act in accordance with a general practice if it ought to be apparent to a reasonable man that it is a negligent practice.’’ C.D. Baker (1991) These aspects include: the standards of profession where professionals are held according to the standards that are reasonable for a person within that profession. A person is not found guilty as long as they act according to what is expected in their field of work. This is seen in the case of Bolam Vs Friern Hospital Management Committee in 1957. In this case, Mr Bolam was a voluntary patient in a mental institution run by the Friern Hospital Management Committee. In the agreement, Mr Bolam agreed to undergo an electro-convulsive therapy. However, the procedure did not go well as he was not given a muscle relaxant. When he sued the hospital for neglect, it was seen that it was a common practice for professionals not to warn patients if the risk is small. It was also concluded that a medical profession should not be held guilty of negligence when he acts within his scope. They are not found guilty of neglect just because a ... Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Professional standards Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Retrieved from https://studentshare.net/law/84346-professional-standards
(Professional Standards Essay Example | Topics and Well Written Essays - 1500 Words)
https://studentshare.net/law/84346-professional-standards.
“Professional Standards Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.net/law/84346-professional-standards.
  • Cited: 0 times
Comments (0)
Click to create a comment
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Ethics and Standards of Professional Psychology
In my humble opinion, the book is a must have for all psychologists, be it the clinician or the student and in understanding and following the writing of the author, we can always strive to maintain the code of ethics and keep the integrity of the profession.
3 Pages(750 words)Essay
Professional Ethical Standards
It is possible to work in a number of criminal justice facilities as a correctional officer. Juvenile and youth detention centers, private, state and federal prisons, local jails and as a security officer anywhere that has need of one. Becoming licensed is the first step after application for those seeking correction officer positions within the state prison.
4 Pages(1000 words)Essay
Analysis of Professional Statutory and Regulatory Standards of Conduct, Performance & Ethics and Their Impact on Practice
This prestige, however, comes with a lot of expectations from the general public for medics to deliver valuable health care. In the U.K, the council for health professions has put in place measures to ensure that practitioners are adequately qualified. Here, it is no longer enough for someone to just complete a training course.
3 Pages(750 words)Essay
Ethics and Professional Standards
The modern business environment needs organizations with the elasticity to deal with the vast culture depth. According to Brenner (2009) international organizations employ a strategy which fits the culture the global environment provides. Cultural issues play a major role in determining the success or failure of a business venture.
4 Pages(1000 words)Essay
Professional Development
Their intent is to constantly eliminate or limit risk. The most successful creations of engineers recognize human fallibility, and complexity is their constant companion (Malpas 2000). This paper hence seeks to discuss the distinctions a professional engineer from any other sort of ‘engineer’ in the UK and the far the distinctions depend on being a professional-grade member of an engineering institution, or being entered onto the Engineering Council’s register.
3 Pages(750 words)Essay
Standards and assessments
Academic and professional standards provide a guideline that promotes quality assurance and acidic success within the classroom setting. These academic and professional standards in CCSS are meant to produce all round students. These standards definitely promote quality assurance as its universal application makes learning more competitive.
3 Pages(750 words)Essay
Professional standards in mental health care
Mistakes in regards to decisions made about dilemmas will always exist within medical practice. However, the aim of the medical professional should be to ensure that mistakes of this type occur infrequently. The use of medical ethics is a discipline that provides guidance as to how to assess the merits, risks and social concerns of a dilemma and its resolution (Kelly-Hayes, 2003).
6 Pages(1500 words)Essay
Education and Testing Standards for New Jersey
This essay shows the problem of providing a clear vision of the knowledge, performance and dispositions that teachers and school leaders need to support student learning and achievement of the revised Core Curriculum Content Standards. It tells about document with specific objectives for teachers to know and understand, teachers to value and be committed to and teachers to apply.
4 Pages(1000 words)Essay
The Code of Ethics for Professional Accountants issued by the International Ethics Standards Board for Accountants states that A distinguishing mark of the accountancy profession is its acceptance of the responsibility to act in the public interest
International Federation of Accountants (IFAC) defines public interest as “the common benefit that all citizens share from the services
7 Pages(1750 words)Essay
Analyse professional statutory and regulatory standards of conduct, performance & ethics and their impact on practice
Here, it is no longer enough for someone to just complete a training course. One has to continually evaluate themselves even after studying to ensure that they are quality service to patients (Woollard, 2009). I recently learnt the
3 Pages(750 words)Essay
Let us find you another Essay on topic Professional standards for FREE!
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us