Positioning And Differentiation Strategies

Positioning And Differentiation Strategies The increasing competition that organizations are experiencing in the face of globalization and innovation has of late resulted to them seeking to enhance their competitiveness. This has been achieved through application of various management as well as marketing strategies. Some of those strategies are meant to enhance organizations as brands of choice through effective brand positioning. Consequently, differentiation has also become crucial as one of the key means of effectively positioning organizations relative to their competitors. In that respect, this analysis identifies UnitedHealth Group and WellPoint Inc. Group as two organizations in healthcare industry for analysis on their application of positioning and differentiation strategies. The analysis notes the best practices in positioning and differentiation strategies application as well as compares and contrasts the strategies application by the two organizations. Body Organizations Overview UnitedHealth Group is a parent company to various health insurance and health care service organizations. It is the second largest publicly traded US company in health insurance providing healthcare services worldwide in healthcare consulting, specialty services and healthcare management. Serving over 75 million people globally, the organization has a large scale advantage extending across its product lines which helps it attract new hospitals in its members list and in negotiating for low prices. The companys service is divided into two main business lines; Health benefits and Health Services with UnitedHealth care delivering Health benefits while Optum is in charge of Health services. (UnitedHealth, 2013a) On the other hand, WellPoint is among the largest health benefits organizations in US. The organization has over 36 million members in its affiliated health plans as well as 67 million being served by its subsidiaries. It offers a wide range medical services and products. (WellPoint, 2013a) Positioning Strategies Organizations are experiencing increasing changes in information technology, globalization and market competition that is changing the business landscape calling for them to implement effective positioning strategies to enhance their competitiveness. (Njuguna, 2009) Consequently, organizations apply positioning strategies which refers to the applications they use in defining their services and products to customers minds against the competitors brands. (Karadeniz, 2009) This is due to the fact that, positioning is a key element in the modern day marketing being crucial to organizations in growing their customer base as well as the brand equity. (Manhas, 2010) In that respect, an effective positioning of an organization involves considering: The target market. The difference with competitors. How the difference can be communicated to customers. The value of the difference to customers. (Manhas, 2010) In addition, organizations employ positioning strategies that seek to identify and address brands positioning and differentiation from comparing brands, identify opportunities for potential markets to introduce new brands and reposition the existing ones as well as identifying the underserved segments that the existing brands serve. (Gwin Gwin, 2009) Organizations also employ experiential positioning as a strategic process seeking to understand clients desires and needs and providing services that deliver certain experience and communicates an organization promises to clients in a different way from competing brands. (Padget Mulvey, 2009) Positioning strategies should follow the process of creation of competitive advantages, selection of the right competitive advantages and choosing a competitive positioning strategy. It also entails engaging in effective communication to the target market. (Kardeniz, 2009) In that respect, UnitedHealth and Wellpoint position their services to customers depending on transaction factors, packaging, availability, pricing, advertisement, and benefit factors. The strategies applied also depend on composition factors defining the quality of service and their consistency. (Manhas, 2010) Positioning their brands also relies on brand communication which seeks to help clients identify the source of the brand. They use distinctive qualities of their brands as additional stimuli to the brand name including color, symbols, taglines and advertising styles. (Ramoniuk et al, 2007). The positioning strategies applied by UnitedHealth and WellPoint include: Positioning within the market through differentiation of a product or service. In this case, the differentiated service share attributes to the competitors service but are superior in differentiated attributes. Positioning through creation or establishment of a new market from the competitors, a strategy that uses differentiation attributes to give a perception about the services different attributes from that of competitors. (Mita Bettman, 1989) In this consideration, UnitedHealth Group positions itself as an organization with all connections relevant to the healthcare including that of right doctors and patients, between right patient data and physicians, between right information and consumers as well as between patients and their needed medicine. (UnitedHealth, 2013a) The organization has also established itself as the national exchange centre for essential information entrusted with the globally largest clinical data. (UnitedHealth, 2013a) UnitedHealth also sets itself as a leader in healthcare technology system. (UnitedHealth, 2013a) Example is the organizations Health Coverage through which it directly provides various health insurance plans to students, families and individuals aged below 64 years through Golden rule Insurance. Through this service, the organization positions itself as a preferred service provider for the target segments. (UnitedHealth, 2013a) WellPoint WellPoint seeks to make health care easier through improvement to their system as well as improving the clients healthcare access. (WellPoint, 2013a) The organization uses health affiliated companies and healthcare plans to drive innovation, empower customers as well as control healthcare costs. (WellPoint, 2013a) Differentiation Strategies In a bid to establish competitive advantage, UnitedHealth and Wellpoint delivers services that provide valued features of quality, reliable delivery and flexibility. (Spencer, Joiner Salmon, 2009) It also entails developing of added value through remarkable differentiation to set the service apart from their competitors. Their differentiation is a component of their positioning strategies. (Barna Chapman, 1986) In that respect, their well positioned brands through differentiation bears the qualities of being different, creative and striking. (Karadeniz, 2009) Their products and service differentiation as a means of effectively positioning themselves has benefits in that brands have to be differentiated from the competitors for them to attract clients. In addition, it enhances their ability to maintain market share since more differentiated brands have loyal customers who are not much sensitive to competitors brands. (Ramoniuk, Sharp Ehrenberg, 2007) However, differentiation is dynamic in that, the porters generic differentiation strategy has developed to strategies including differentiation through service innovation, marketing and image management and customers responsiveness as ways of responding to environment complexity. (Spencer, Joiner Salmon, 2009) Thus organizations seek to establish their positioning through application of various types of differentiation that include service differentiation in which the service has different attributes from that of competitors, price differentiation and niche offers that establish segments which are different from the mass market. In addition, they carry out differentiation through added services by providing extra services which motivate customers as well as service differentiation through communication. (Grimm Malschinger, 2010) In that respect, United Health seeks to position itself through differentiation in its service provision through innovation. An example is the Health4Me mobile application that offers consumers health information regarding benefits, registered nurses information as well as physicians and hospitals locations. (UnitedHealth, 2013a) UnitedHealths cancer care is differentiated in transaction through a payment model that bundles payments to ecologists ensuring continuity of the patients care as well as improving their healthcare quality. (UnitedHealth, 2013a) UnitedHealths iPlan integrates health reimbursements accounts with highly deductible health plans. This expands ordinary plans to include employer groups health savings accounts. (UnitedHealth, 2013a) United Health also has differentiated service delivery through its care coordination. This channels resources to physicians and consumers eliminating the prior authorization. (UnitedHealth, 2013a) On the other hand, Wellpoint applies some differentiation to its service delivery with an aim of effectively positioning itself as a competitive healthcare service provider. Some of the differentiation strategies applied are noted below Operating in an industry where physicians face the challenge of having to incorporate a huge volume of articles and data into practice and putting them in operation in their patients care. In this respect, WellPoint has in collaboration with IBM established the IBM Watson application program that helps doctors analyze huge volume of data and get results in less than three seconds which has enhanced the organizations ability to deal with complex cases. (WellPoint, 2013b) Wellpoint also provides their clients with an online feedback tool through which they provide feedback on their experiences with physicians as well as rate their services. (WellPoint, 2013b) Wellpoint also provides a virtual enrolment centre which provides customers with a platform to engage the organizations employees. Through the platform, customers can also access benefit plans, healthcare plans as well as prescriptions information. (WellPoint, 2013b) Thus both organizations seek to position themselves as preferred healthcare service and benefits providers. To achieve this UnitedHealth seeks to focus on the target markets needs of healthcare information by offering differentiated service which has more information provided as added services and through healthcare education through Optum insights. On the Other hand, Wellpoint seeks to position itself as an organization whose services are easier and effective to access. This is done through the various innovations aimed at making consumer experiences as efficient as possible. However, both organizations have some similar strategies in their focus on effective utilization of healthcare data to position themselves as efficient providers of services based on informed decisions. This is clearly visible in UnitedHealths utilization of its large healthcare data while WellPoint utilizes the IBM Watson application program to access and analyze large volume of healthcare data. (WellPoint, 20 13b) Conclusion The analysis has demonstrated effective positioning as crucial in establishing successful brands that are capable of effectively competing in face of increasing rivalry in the healthcare industry. It has also brought out the need for firms to identify their target markets, their competitors brands competitiveness as well as their ability to deliver value to their target markets as a means to positions themselves favorably relative to their competitors. Differentiation has also come out as a key element of positioning strategies as it seeks to set an organizations brand apart from the competitors through various differentiation strategies. In conclusion, UnitedHealth Group and WellPoint Group have been demonstrated to be applying some similar positioning and differentiation strategies as well as contrasting strategies in a bid to set their brands as unique compared to the competition brands. Consequently, the strategies application has had a significant impact with both organizations having established themselves as the brands of choice in their respective locations and being nationally ranked position one and two in terms of market share and performance.

Nursing Jurisprudence

LEGAL & ETHICAL issues in Nursing Nursing Etiquette concerned with moral principle governing the conduct of nurses towards patients, physicians, colleagues, the nursing profession and public Ethics part of philosophy that deals with systematic approaches to questions of morality a term for the study of how we make judgments regarding right and wrong a system of MORAL PRINCIPLES or moral standards governing conduct Moral human conduct in the application of ethics Concerned with JUDGMENT PRINCIPLES of right and wrong in relation to human actions and character Determinants of the Morality of Human Act †¢The OBJECT †¢The END †¢The CIRCUMSTANCES Ethical Principles Ethical Principles: INVIOLABILITY OF LIFE All human life, from the moment of conception and through all subsequent stages, is SACRED! No one can violate or destroy life! 8 ETHICAL DILEMMAS 1. 2. 3. 4. 5. 6. 7. 8. ARTIFICIAL INSEMINATION IN VITRO FERTILIZATION HUMAN CLONING CONTRACEPTION ABORTION EUTHANASIA PHYSICI AN ASSISTED SUICIDE HUMAN TRANSPLANTATION 9 Argument favoring Euthanasia: compassion for the patient and shortening the period of suffering of the patientArgument disapproving Euthanasia: it is intrinsically wrong since it rejects life. 10 STEWARDSHIP Man has DOMINION over God’s creation: himself (life and health), creatures and environment One should reasonably, responsibly and respectfully benefit from them for service NOT domination TOTALITY Parts are integral, destined to be part of and subordinate to a whole SOLIDARITY One to be with others; to have a unity of interest, responsibility or goal. Based on the common good, love of neighbor, preferential for the most proximate and most need SUBSIDIARITYEvery creature should be entrusted with the functions he is capable of performing. It relates to human dignity and recognize persons as free and responsible agents able to care and make decisions for them AUTONOMY – Self Governance/Self Rule – Having the freedom t o make choices 4 Basic Elements of Autonomy 1. Respect for Autonomous Person 2. Ability to determine personal goals 3. Capacity to decide 4. Has Freedom to Act CONFIDENTIALITY Requires non-disclosure of private or secret information Confidentiality of Information ? Privileged communication ? Based on trust Revealed when: a.The patient permits such revelation. b. Medico-legal cases/legal proceedings c. Communicable disease /public safety may be jeopardized. d. Continuity of care JUSTICE – refers to the obligation to be fair to other people. Types: 1. distributive justice- fair distribution of responsibilities 2. criminal justice- penalty proportionate to crime 3. rectificatory justice- just compensation in civil law Distributive Justice To each equally. To each according to need. To each according to merit. To each according to person’s right. To each according to individual effort.To each as you would have done by. To each according to the greatest good to a greater nu mber Double Effect Principle When an act has both good and bad effects, it is permissible if: 1) The direct freely chosen effect is morally good and the indirect foreseen but not desired may be harmful, 2) The action/object must not be evil, 3) The foreseen beneficial effect must be greater or equal to the foreseen evil effect 4) The beneficial effect must follow directly from the action or at least as immediate as the harmful effect BENEFICENCE- means to do good and not to do harm.NON- MALEFICENCE- one ought not to inflict evil or harm. 22 FIDELITY- refers to the obligation to be faithful to the agreements, commitments and responsibilities that one has made to oneself and others VERACITY- refers to telling the truth or not intentionally deceiving or misleading patients 23 RESPECT- treat all human beings as persons with rights SHARING AND ALLOCATION OF RESOURCESwho will receive particular scarce resources. 24 NURSING ETHICS ? All principles of right conduct in the practice of nursin g ? Appraisal of rightness or wrongness of an act BIO–ETHICS Specific domain of ethics †¢ Systemic study of human behavior in the field of life science and health care in the light of moral values and principles Code of Nursing Ethics †¢ respect for human dignity †¢ safeguards the client’s right to privacy †¢ safeguard client and public †¢ assumes responsibility and accountability for own actions and judgments †¢ maintains competence in nursing †¢ uses informed judgment, competence and qualifications in accepting responsibilities and delegating nursing activities †¢ Contributes to the development of the profession’s body of knowledge implement and improve standards of care †¢ establish and maintain conditions of employment conducive to high-quality nursing care †¢ protect the public from misinformation and misrepresentation and to maintain the integrity of nursing †¢ In collaboration with other allied health team members, meet the health care needs of the public Patient’s Bill of Rights The patient has the right to: 1) considerate and respectful care. 2) relevant, current, and understandable information concerning diagnosis, treatment, and prognosis. ) make decisions regarding his plan of care; in case of refusal, he is entitled to other appropriate care and service or to be transferred to another hospital. 4) Have advance directive (such as living will) concerning treatment or designating a surrogate decision maker. 5) Every consideration of his privacy such as in case discussion, consultation and treatment. 6) Confidentiality of communication and records 7) Review his records concerning his medical care and have these explained to him except when restricted by law. ) Expect that within its capacity and policies, a hospital will make reasonable response to the request of a patient for appropriate and medically indicated care and services. 9) Be informed of business relationship among hospital, educational institution, health care providers that may influence the patient's treatment and care. 10) Consent or decline to participate in experimental research affecting his care. 11) Reasonable continuity of care when appropriate and be informed of other care options when hospital care is no longer appropriate 12) Be informed of hospital policies and practices that relate to patient care.Nurse’s Bill of Rights Nurse’s have the right to: 1) Practice in a manner that fulfills their obligation to the society and to those who receive nursing care. 2) Practice in environments that allow them to act in accordance with professional standards and legally authorized scope of nursing. 3) Work environment that supports and facilitates ethical practice 4) Freely and openly advocate for themselves and their patients without fear of retribution. 5. Fair compensation for their work consistent with their knowledge, experience, and professional responsibilities. 6. Work environment that is safe for themselves and their patients. 7. Negotiate conditions of employment, in all practice settings. LEGAL ASPECTS OF NURSING Nursing Jurisprudence the philosophy of law, or the science which treats the principles of positive law and legal relations Comprises all laws, rules, doctrines and principles, legal opinions and decisions of competent authority regarding governance and regulations of the practice of nursing. Functions of the Law in Nursing 1. Provides a framework for establishing what nursing actions in the care of patients are legal. . Delineates the nurse’s responsibilities from those of other health practitioners 3. Helps to establish the boundaries of independent nursing action 4. Assists in maintaining a standard of nursing practice by making nurses accountable under the law. Philippine Nursing Law Philippine Nursing Act of 2002 R. A. 9173 (October 21, 2002/ November 20, 2002) regulates Philippine nursing practice at present. The law provides about nursing registration, nursing examination, nursing education, nursing practice, and health human resource production, utilization and development.It is made up of 19 articles and 41 sections. Prohibitions in Practice of Nursing (Section 35) PENALTY: Fine: a. b. c. d. e. f. g. Php50,000- Php100,000 and/or Imprisonment 1- 6 years practice nursing without certificate or special permit use the certificate of others as his own use an invalid certificate give false evidence during registration falsely pose or advertise as a registered nurse illegally append BSN/RN to his/her name abet or assist the illegal practice of a person who is not lawfully qualified to practice nursingNEGLIGENCE Commission or omission of an act, pursuant to a duty, that a reasonably prudent person in the same or similar circumstance would or would not do, and acting or the non-acting of which is the proximate cause of injury to another person or his property Elements of Professional Negligence †¢ Duty †¢ Breach of duty †¢ Foreseeability †¢ Injury †¢ Direct relationship between failure to meet standard of care and injury can be proved Res Ipsa Loquitor â€Å"the thing speaks for itself† 3 conditions: 1.Accident which ordinarily doesn’t occur in the absence of someone’s negligence 2. Must be caused by an agency or within the exclusive control of the defendant 3. Must not have been due to voluntary action or contribution on the part of the plaintiff Specific Examples of Negligence †¢ Failure to report observations to attending physicians. †¢ Failure to exercise the degree of diligence which the circumstances of the particular case demands. †¢ Mistaken identity. †¢ Wrong medicine, wrong concentration, wrong route, wrong dose. Defects in the equipment such as stretchers and wheelchairs may lead to falls thus injuring the patients. †¢ Errors due to family assistance. †¢ Administration of medicine without a do ctor’s prescription. Legal Defense in Negligence †¢ Provision of standard of care in giving service and that they have documented the care they given in a concise and accurate manner. †¢ Exercise sound judgment †¢ â€Å"assumption of risk† MALPRACTICE Stepping beyond one’s authority with serious consequences Reducing The Risk of Malpractice Litigation †¢ Maintain Good Communication Be courteous, show respect, and take time to listen – Do not belittle patients or make value judgment – Involve patients in decision making – Assess clients level of understanding – Explain so client understand – Clarify and verify Reducing The Risk of Malpractice Litigation †¢ Maintain Expertise in Practice – Keep up to date in both knowledge and skills – Do not attempt any task or give any meds that is unfamiliar – Practice within the professional scope of practice – Be familiar with standards of care – Be attentive of client’s changing status – Pay close attention to details – Document objectively, thoroughly and in a timely fashionReducing The Risk of Malpractice Litigation †¢ Maintain autonomy and empowerment – Challenge questionable physician order – Seek attention for patient with changing needs – Challenge bureaucratic structures that threaten patient’s welfare – Avoid institutional settings that produce systematic threats to patient welfare Respondeat Superior †¢ Let the superior answer for the acts of the subordinate †¢ Master and servant are answerable; servant is responsible †¢ Actions performed by the employee within the scope of his employment. Force Majeure â€Å"irresistible/ superior force† †¢ Accident which human prudence can neither foresee or prevent †¢ â€Å"Act of God† Liability of Nurses †¢ Work of Nursing Aides †¢ Work of Nursing Student s Delegation A process of transferring selected Nursing tasks to an individual who is competent. Any nursing intervention that requires independent special nursing knowledge, skill or judgment CANNOT be delegated. Tasks that involve the assessment, planning and evaluation phases of the nursing process cannot be delegated. Delegation involves: †¢ Responsibility: an obligation to accomplish a task Accountability: acceptance of responsibility for the outcome of a duty †¢ Authority: right to act or empower Principles of delegation †¢ A nurse can only delegate those tasks for which that nurse is responsible, according to the specific state's nurse practice act The delegator remains accountable for the task Along with responsibility for a task, the nurse who delegates must also transfer the authority necessary to complete the task The delegator knows well the task to be delegated Delegation is a contractual agreement that is entered into voluntarily †¢ †¢ †¢ Telephone Orders †¢ Only in an extreme emergency and when no other resident or intern is available. †¢ Nurse should read back the order to the physician. †¢ Signed by the physician within 24 hours. †¢ Nurse should sign the name of physician per her own and note the time the order was received. CONSENT CONSENT †¢ Free and rational act that presupposes knowledge of the thing to which consent is being given by a person who is legally capable to give consent. †¢ Authorization, by a patient or a person authorized by law to give the consent on the patient’s behalf.Informed Consent a) The diagnosis and explanation of the condition. b) A fair explanation of the procedures to be done and used and the consequences. c) A description of alternative treatments or procedures. d) A description of the benefits to be expected. e) Material rights if any. f) The prognosis. Things to Remember: †¢ Patient is the one who gives the consent. †¢ Person who is a uthorized to give the consent in behalf of the patient. †¢ Parents of minors. †¢ Minors are allowed if emancipated or married. †¢ Parents or legal guardians for mentally ill patients. Emergency situation entails implied consent. †¢ Patient has the right to refuse. MEDICAL RECORDS ? Legal protection for the hospital, doctor, and nurse ? â€Å"If it was not charted, it was not observed or done. † ? Nurses are expected to fully, accurately, legibly, and promptly document their observations. ? Subpoena duces tecum ? When a nurse or clinical instructor countersigns the charting of a nursing student, he/she attests that he/she has personal knowledge of information and that such is accurate and authentic. CRIME ?An act committed or omitted in violation of the law. Elements: a)Criminal act b)Evil/criminal intent TORTS ?A legal wrong, committed against a person or property. 1. Assault and Battery 2. False Imprisonment or Illegal Detention 3. Invasion of Right to Pr ivacy and Breach of Confidentiality 4. Defamation Criminal Actions a. Misdemeanor †¢ †¢ General name for a criminal offense which does not amount to felony Punishment is usually a fine or imprisonment less than 1 year. b. Felony †¢ †¢ †¢ †¢ Public offense Liable to be sentenced to death or penitentiary imprisonment. Deceit (dolo) ? deliberate intent Fault (culpa)? rongful acts result from imprudence , negligence, or lack of skill or foresight Classes of Felonies Degree of the Acts of Execution Attempted †¦offender commences the commission of the act and does not perform all the acts or execution by reason of some cause or accident other than his own spontaneous desistance Frustrated Consummated †¦offender performs all †¦when all the elements acts or execution of felony necessary for its execution but never produce it and accomplishment are because of causes present independent of the will of the perpetrator Degree of Punishment Grave Less Grave Light capital punishment (death) or penalties which any of their periods are afflictive (imprisonment ranging from 6 yrs to 1 day to life improsnment or a fine not exceeding P6000. 00) †¦penalties which in †¦penalty of arresto their maximum period menor (imprisonment are correctional for 1 day to 30 days or a (imprisonment ranging fine not exceeding from 1 month and 1 day P200. 00 or both to 30 days or a fine not exceeding P6000. 00 but not less than P200. 00) CRIMINAL NEGLIGENCE a. Reckless Imprudence †¢ Person does an act or fails to do it voluntarily but without malice, from which material damage results immediately.Person did not use precaution and the damage was not immediate or the impending danger was not evident b. Simple Imprudence †¢ CRIMINAL INTENT †¢ State of mind of a person at the time the criminal act is committed †¢ Knowledge that the act was unlawful Requisites: †¢ There must be FREEDOM †¢ There must be INTELLIGENCE Req uisites of Criminal Intent Freedom Intelligence Freedom is absent in the 1. An imbecile or insane (unless following circumstances: acting during lucid of 1. Under compulsion of an interval). irresistible force. 2. Under nine years old. 2. Under the impulse of 3.Over nine under fifteen uncontrollable fear or an equal (unless he had acted with or greater injury. discernment). Persons Criminally Liable Principals †¢Those who take direct part in the execution of the act (principal by direct participation) †¢Those who directly force or induce others to commit it (principal by inducement) †¢Those who cooperate in the commission of the offense by another act without which it would not have been accomplished (principal by cooperation) Accomplices †¢The person who have a common criminal purpose with the criminal. †¢Have the intention to help and knowledge about the crime.Accessories †¢Have the knowledge but did not participate in the act. a. By profiting themsel ves. b. By concealing or destroying body of the crime, or instrument thereof, in order to prevent its discovery. c. By harboring, concealing or assisting in escape of the principal. Circumstances Affecting Criminal Liability JUSTIFYING ? Does not commit crime in the eye of the law a. In defense of his person or rights b. In defense of the rights of his family c. In order to avoid an evil or injury d. In the fulfillment of a duty e. In obedience to an order by some superior for some lawful purposesEXEMPTING ? There is crime committed but there is no criminal on account of absence of freewill and voluntariness to act. a. An imbecile or insane (unless acted on lucid interval) b. Under 9 yrs c. Over 9 and under 15 (unless acted on discernment) d. While performing a lawful act with due care, cause an injury by mere accident without fault or intention of causing it e. Act under the compulsion of an irresistible force f. Acts under impulse of uncontrollable fear of an equal injury g. Who f ails to perform an act required by law, when prevented by some lawful or insuperable cause. MITIGATING ? which lessen the penalty a. b. c. d. e. f. g. h. Under 18 or over 70 yrs old No intention to commit so grave There was sufficient provocation Acted on impulse so powerful to have produced obfuscation Voluntarily surrendered Deaf or dumb, blind or suffering from defect. Illness that diminish will power Immediate vindication of grave offense to the one committing the felony, his/her spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relative by affinity within the first degree Lack of education is not Mitigating in: 1. Rape 2. Forcible abduction 3. Arson 4. Treason 5.In crimes against chastity like seduction and acts of lasciviousness; and 6. Those acts committed in a merciless or heinous manner AGGRAVATING ? †¦which increases the penalty a. Public position b. In contempt of public authority c. Committed with insult or in disregard of the r espect of the offended party on account of his/her rank, age, or sex or that it is committed in the dwelling of the offended party, if the latter has not given provocation d. With abuse or confidence or obvious ungratefulness e. in a place of worship f. Conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune g.Price, reward, or promise h. Committed by means of fire, poison, explosion, i. With evident premeditation or after unlawful entry j. Craft, fraud, or disguise is employed k. Causing other wrongs not necessary for its commission ? ALTERNATIVE ? Those which must be taken into consideration as aggravating or mitigating according to the nature effects of the crime and other conditions attending its commission ? Alternative circumstance of relationship should be taken into consideration Points to Observe in Order to Avoid Criminal Liability a. Be very familiar with the nursing law. b. Beware of the laws affecting nursing practice. . At the start of employment , get a copy of your job description, the agency’s rules, regulations and policies. d. Upgrade your skills and competence. e. Accept only such responsibility that is within the scope of your employment and your job description. f. Do not delegate your responsibility to others. g. Determine whether your subordinates are competent in the work you are assigning them. h. Develop good interpersonal relationships with your coworkers, whether they be your supervisors, peers or subordinates. i. Consult your superiors for problems that may be too big for you to handle. . Verify orders that are not clear to you or those that seem to be erroneous. k. The doctors should be informed about the patient’s condition. l. Keep in mind the value and necessity of keeping accurate and adequate records. m. Patients are entitled to an informed consent. Moral Turpitude An act of baseness, vileness or depravity in social or private duties which a man owes to hi fellow man or society in general, an act contrary to the accepted and customary rule of right and duty between men Murder ? Unlawful killing a human being WITH INTENT to kill. ? A very serious crimeEx. Criminal Abortion Euthanasia Homicide ? Killing of a human being WITHOUT CRIMAL INTENT by a person other than his father, mother or child or any of his ascendants or descendants, or his spouse Abortion ? Expulsion of the product of conceptus before the age of viability ? In the law, any person who, with the intention pr prematurely ending a pregnancy, willfully and unlawfully does any act to cause the same is guilty of procuring abortion ? Art. II Sec. 15 of Phil. Constitution protects the life of the unborn Infanticide ? Killing of a child less than three (3) days of age ?Mother who committed this crime shall be imprisoned for two (2) years, four (4) months and one (1) day to six (6) years Parricide ? Crime committed by one who kills his/her father, mother or child whether legitimate or illegitimate, or any of his a scedants or descedants or his spouse. ? Convicted with this crime, shall be imposed a penalty of life imprisonment (Reclusion Perpetua) to death Robbery ? Crime against a person or property ? The taking of personal property of another person from him or in his presence Common Legal Terms R. Ns should know Affidavit – is a written statement made under oath efore a notary public or other person duly authorized Civil Law – concerned with legal rights and duties of private persons Criminal Law – deals with conduct that is considered to be offensive to a society as a whole Day in Court – the right of a person to appear in court and be heard concerning his complaint/defense Defendant – the person being accused of wrongdoing; therefore needs to defend himself Deposition – an oral interrogation answering all manner of questions relating to the transaction at issue, given under oath and taken in writing before a judicial officer or attorney

Lost Worlds Essay

Some Americans remember where they came from; others don’t. That’s the case in Daniel Chacon’s story â€Å"The Biggest City in the World†. It is a story about Harvey Gomez who is a Mexican American young man whose grandparents migrated to the Unites States from Mexico. Harvey has only been to Mexico once in his entire life and neither of his parents has ever been there before. Therefore he doesn’t know anything about his native culture or language. In this story Harvey travels deep inside of Mexico for the first time with his Mexican history Professor David P. Rogstart and gets exposed to its culture and language. On the contrary, Carolina Hospital’s poem â€Å"Finding Home† is about Mexicans who were born in Mexico and later migrated to America. When Harvey arrives in Mexico he tries to distance himself from the country’s culture. In fact, shortly after he comes out of his hotel room the first place that he goes to is La Zona Rosa because â€Å"The expensive shops, Gucci, Polo, Yves St. Laurent, relaxed him because they reminded him of Beverly Hills† (Chacon 58). Harvey is going to places in Mexico that he is familiar with back in the United States and is not trying to explore his heritage. Perhaps this is because he doesn’t feel like he is a Mexican and that he is only an American. After all, he was born and raised in the United States by parents who have never been to Mexico themselves. Harvey eventually gets exposed to ancient Aztec monuments when he runs into Professor Rogstart who is viewing stone carvings. As Harvey decides to take a closer look at the stone carvings, he is seeing history of his heritage and begins to compare it. Gomez wondered how many Aztecs were scared into believing in their gods, like his father tried to make him believe in Jesus and the Virgin Mary† (Chacon 60). He starts thinking how the Aztecs were raised up into worshiping their gods in Mexico and how his father brought him up into believing in God in America. Harvey learns about the Spanish Conquest of Mexico and begins to ask Professor Rogstart questions. He gives him honest answers â€Å"Rogstart, feeling a professorial obligation, explained to Gomez the meaning of each panel, each symbol, giving such fine details† (Chacon 61). During the explanation, Harvey feels a sense of pride in his heritage. You can tell that Harvey now wants to learn more about his past; however, he is still struggling to accept his heritage. As Harvey continues his journey in Mexico, he repeatedly distances himself from the Mexicans. Harvey is reacting this way because he is attached to money. That will soon come to an end as Harvey himself loses all of his money. â€Å"He slipped his hand into his pocket for his roll of bills† (Chacon 63). After he realizes that he is broke, he starts to panic. Harvey’s immediate reaction is to find his money no matter what it takes, but when he does not find it, Harvey starts to feel the same way the Mexicans did when they begged him for money. This is the first time that he feels this way because he was raised in America where money is a major influence in life. When it looks like it will be the end of his journey in Mexico, he discovers it is beginning. Harvey enters a taxi and tells the driver â€Å"Take me to the Zona Rosa† (Chacon 65). During the ride, Harvey is relaxed and begins to feel like a Mexican deep in his heart. When it seems that he is going to continue his denial, he tells the driver â€Å"Take me to Chapultepec Park† (Chacon 66). The cab driver is surprised and Harvey laughs telling him that he wants to explore Mexico. Harvey finally ends the denial of his Mexican heritage and goes on to explore Mexico. The poem â€Å"Finding Home† written by Carolina Hospital tells the story of how Mexicans who come to America try to find their heritage in the United States. Like many who migrate to America, the immigrants miss their country and are concerned about losing their culture. In contrast to Harvey Gomez, this poem shows that many Mexicans in America appreciate their heritage. â€Å"I have travelled north again,/to these gray skies/and empty doorways,† (Hospital 101). This shows that they miss their native country and are concerned about forgetting their heritage. Perhaps Harvey’s grandparents thought the same thing when they first came to America from Mexico. Regardless of their arrival in America, they want to return to Mexico someday. â€Å"I must travel again soon† (Hospital 102). Despite leaving their ative land they have respect for Mexico and will visit again. After the experience that Harvey had in discovering his heritage, I am sure that he will visit Mexico again. Daniel Chacon is clearly making a statement that Mexican immigrants whose kids are born and raised in America forget their own culture. In the story Harvey Gomez is denying his heritage and was embarrassed at times to admit that he is Mexican. This is because he barely knows anything about Mexico and doesn’t even speak the language. Eventually Harvey accepts who he is and discovers his heritage throughout the story. I believe that Chacon wants to demonstrate how important it is for people to know where they come from and not to forget who they are. Carolina Hospital indicates that Mexican immigrants in America continue to appreciate their heritage. In her poem the Mexicans are not embarrassed to admit where they come from. The Mexicans embrace their heritage and plan on visiting Mexico. I believe that Hospital wants to demonstrate that Mexicans immigrants do appreciate their heritage. However the fact is that no matter where people come from they must appreciate their heritage.

Theory of Emotional Intelligence - Free Essay Example

Sample details Pages: 5 Words: 1472 Downloads: 8 Date added: 2019/05/14 Category Psychology Essay Level High school Tags: Emotional Intelligence Essay Did you like this example? Social Constructionist theory, Symbolic theory and Emotion-Focused Practice Theory discussed in the following paper, only touches a small scale of the wide scope of the Theories of Emotional Intelligence. Researchers are finding more information to prove their stance, including using MRI machines and biological testing. The idea is to have emotional stability, while living, working and moving through society. Don’t waste time! Our writers will create an original "Theory of Emotional Intelligence" essay for you Create order How we act and react to each other in conversations, work places and family matters are deemed important for a successful and fulfilling life. People trying to adapt and be accepted into a society are expected to play by the rules and customs. On a deeper level, it is important to be able to communicate effectively and imperative to be able to consciously convey primary and secondary emotions. More than ever, it is important to be in touch with your feelings. Emotional Intelligence is a theory of how people react internally and externally to social situations and interactions. A persons ability to quickly process and respond to their environment according to an internal assessment is paramount to this theory. It is believed that a person has to have control over their emotions, reactions and actions during communication with other people and have an understanding of their internal dialog simultaneously to have this intelligence. They should be able to assess and predict outcomes and weigh variables quickly to avoid embarrassment or strife. According to Daniel Goleman, people are not equally emotionally intelligent about themselves and other people. A person may be more apt to sense other peoples discomfort or distress before they notice their own (Hutchison, 2017). There are several theories that will be discussed, yet many investigating the field have come up with different interpretations and have greatly expanded the use of this term. The term Emotional Intelligence originated from psychologists, John D. Mayer, Peter Salovey and David R.Caruso, in 1990 with the idea that: Some individuals possess the ability to reason about and use emotions to enhance thought more effectively than others it was viewed as groups of related mental abilities and the ability to monitor ones own and others feelings and emotions, to discriminate among them and to use this information to guides ones thinking and actions (American Psychologist, 2008). Additional researchers have expanded this view point to an eclectic mix of traits adding happiness, optimism and self management and other momentary emotions, (American Psychologist, 2008), changing the original idea and causing confusing among researchers on where to focus: Primary emotions are fairly simple to unders tand. They are your reactions to external events. Some precipitating event may cause you to experience emotion. Example: You may feel sad that someone hurt you or anxious about an upcoming test. A secondary emotion is when you feel something about the feeling itself. Example: You may feel anger about being hurt or shame about your anxiety. Secondary emotions turn emotions into complex reactions. They increase the intensity of your reactions. Differentiating between primary and secondary emotions provides powerful coping skills. (Hutchison, 2017)The range of emotions has changed over time. People are socially allowed to be in touch with their feelings. For example, it is less stigmatizing for a man to cry publicly in 2018 as opposed to 1990. A man crying was ridiculed and raw emotions were avoided, happening only behind closed doors. In addition, Social theories of emotion focused on perception or interpretation coming before the actual emotion. It is believed that interpretation is a learned behavior and that it is an automatic response. James Averells Socialist Constructionist theory believes that emotions are social constructed by norms and expectations within society. A man is pressured to buy an engagement ring for his future wife, get down on one knee and ask for her hand in marriage. An engagement ring and the man proposing are a social constructs as well as the giving of a diamond. The division of labor, however, leads to social construction of numerous and diverse emotions, apparently by directing or attaching primary emotions to social objects (Social Psychology Quarterly, 1989). If you are poor or rich, you would have a different expectations of the betrothal and the size of the ring. A person asking and or receiving the proposal can become overwhelmed with primary and secondary emotions. Another example could be a boy wearing blue, as opposed to wearing pink, and how one would react if a parent decided to put a p ink outfit on their son. It has been socially unacceptable for a boy to wear pink, it is feared if a boy wears pink he will become a homosexual or will be perceived as one. This resistance towards pink is seen as preventive maintenance. Averelli discussed temporary reactions socially accepted, like when people say things out of anger, or had a moment or they were not themselves because they were unable to control their actions. In addition, Goleman believes that the messages bypass the IQ and promotes emotions reacting to fight or flight, friend or foe, first. Individuals in addition could have an automatic response to what they perceived as right and wrong. This theory, in part, has been widely accepted because it gives permission for bad behavior, like reacting negatively and feeling regret and asking questions after the fact for clarification.George Herbert Meads Symbolic Interaction Theory suggested that emotions develop as symbols for communication. He believed that humans by nature are more sensitive to visual than verbal cues (Hutcheson, 2017) He believed a person would react by watching someone elses reaction in a situation that they would respond according to what they see or perceive: Emotions are difficult to apprehend cognitively, and in our attempts to do so, we may mistake their essence. The bad feelings that travel us come not from those primary emotional responses, which, if experience direc tly, would tend to dissipate, but from defensive distortions of those responses. We tend to appraise situations accurately with our primary emotions but our frustration in achieving effective goals can produce distortions. Thus in contrast to the assumptions of cognitive theory, distortions of thought may be the result of a emotional phenomena rather than their cause (Hutcheson, 2017)Some researchers believe our emotions evolved over time and changed accordingly to protect our way of life and survival of humankind. People adapted and many cultures acclimated into western society, yet held onto their core values, which was passed down through generations. Psychologists, John D. Mayer, Peter Salovey and David R.Caruso gave Golemen permission to use the term Emotional Intelligence as his book title. Golemen was first to complicate popular understanding. He believed that the emotional intelligence was at times more powerful than IQ and influenced many researchers to come up with their own variations and perceptions. Mayer, Salovey and Caruso, again in 1997 introduced a Four Branch Model, discussed in American Psychologists September, 2008 article Emotional Intelligence, New Ability or Eclectic Traits? First branch: Managing emotions so as to attain specific goal. Second branch: Understanding emotions, emotional language, and the signals conveyed by emotions. Third Branch: Using emotions to facilitate thinking. Forth branch: Perceiving emotions accurately in oneself and others. These branches taught us to evaluate feelings and held an expectation that emotions would change over time. They invented an emotional intelligence test called MSCEIT to evaluate intelligence. There is an adult version and a child version available. The flaw in the model is the influence of culture. What is culturally acceptable in the United States differs from other countries and many questions are based on social norms and are not applicable globally. America is separated by states, class, and race, so feelings and emotions on topics may differ from location to location. An example would be hunting. People living in the mid-west of the United States can value the life of an animal differently than if they live in New York. There is a different respect that occurs when you have to hunt for dinner. In looking at the broad scope of emotional intelligence, it does give pause to the how and why people react to the same situation in a different way. It becomes difficult to avoid these questions: Does this mean emotional intelligence runs in families? Are these theories just another way of having superiority over each other? Is there a way a person is supposed to act or react and who should decide how these values are measured? Individual core values, religion, upbringing, mimicking of parental attitudes are all in motion when reacting to situations. With all the variables, it is understandable that discord remains among researchers. Reference Elizabeth D.Hutchison P,(2017) second edition, Essentials of Human Behavior pp 99-103Fisher, G., Chon, K. (1989). Durkheim and the Social Construction of Emotions. Social Psychology Quarterly, 52(1), 1-9. Retrieved fromhttps://www.jstor.org/stable/2786899 Mayer, J. D., Salovey, P., Caruso, D. R. (2008). Emotional intelligence: new ability or eclectic traits? American Psychologist, 63, 503-517. doi:10.1037/0003-055x.63.6.503