Friday, November 29, 2019

Impact of the Japan Tsunami 2011 Disaster on Tourism and Hospitality Industries

Introduction Many countries of the world have witnessed catastrophic disasters of one form or another. However, some countries have had to deal with several destructive natural and man-made occurrences that have in turn hit the economic progress in those countries quite hard (Murata Katoh, 2010).Advertising We will write a custom essay sample on Impact of the Japan Tsunami 2011 Disaster on Tourism and Hospitality Industries specifically for you for only $16.05 $11/page Learn More Japan, for instance has experienced highly destructive disasters like high magnitude earthquakes, atomic bombs during the Second World War, tsunami, and nuclear crisis, coupled with numerous consequences of aftermath usually resulting in humanitarian crisis (Fraser, 2011).For Japan, Tsunamis are one of the most destructive phenomena due to its vulnerability. Tsunami is usually caused by the disturbances of the earth’s crust usually with a net vertical displacement of the ocean base or its surroundings (Bradley Statler, 2011). Japan is currently the third largest economy world wide as well as one of the highest consumers of oil. This essay discusses short term and long term effects of the Tsunami on tourism and hospitality industries in Japan. It also focuses on the importance of a risk management strategic approach, the importance of applying risk plans and strategies like risk identification, analysis, monitoring, evaluating and reporting. Furthermore, the existing risk management processes and disaster recovery processes by the Japanese government and other business operations as well as the necessary risk management processes for the management of a business in vulnerable regions are explored. Short Term and Long Term Effects of the Tsunami It is important to note that most countries found along the major oceans and seas are the most vulnerable to the most destructive tsunami.Advertising Looking for essay on communications media? Let's see if we can help you! Get your first paper with 15% OFF Learn More Countries found along the Pacific Ocean have been the most affected but also those found along the Atlantic and Indian Oceans as well as in the Mediterranean Sea have felt the impact of tsunami (Satake Borrero, 2007). Most coastal regions in the Pacific countries are highly populated due to the fact that the inland regions are usually mountainous and inhabitable compared to the relatively flatland in the coastal areas (CRTWFSONTP NRC, 2011). Most economic activities in these countries involve international trade and a number of people operate large fleets of ships and the ports are well developed. The countries in the Pacific Ocean especially those with extensive continental coastal areas use small coastal ships as means of transport. This has necessitated the development of many small ports to facilitate inter-island economic activities. Japan for instance have numerous ports as well as well developed ship building facilities, nuclear energy plants, engineering structures, aqua culture industries, electric plants, refineries and other crucial structures and infrastructure (Fraser, 2011). With this wealth of resources, it is evident that Japan and other countries in the major oceans are socially and economically vulnerable to the effects associated with tsunami. The earthquake and subsequent tsunami that visited Japan in March 11, 2011 will remain one of the most destructive occurrences over a very long period of time.Advertising We will write a custom essay sample on Impact of the Japan Tsunami 2011 Disaster on Tourism and Hospitality Industries specifically for you for only $16.05 $11/page Learn More The earthquake was so huge that it read 8.9 magnitudes against the Richter scale setting off a massive tsunami (Prothero, 2011). Thousands of people have been confirmed dead, thousands have been displaced, similar range of number is still missing, and the in frastructure in the affected area has been massively destroyed. These have numerous short and long term economic and social effects both at the national and international level. The Dow Jones Industrial Average dropped far below the daily support level which ranges between 11,000 and 12,000. This has been a key indicator for most traders and economists and hence has significant implications. The price dynamics in any given market is of interest to participants and this has been witnessed in Japan as a result of the Tsunami crisis. They have been interested in determining the impact of the disaster on the Japanese as well as global economy (OECD, 2011). Market volatility increased significantly causing a drop in major currencies and indexes which in turn reversed all the gains that had been made earlier on. During the period, volatile short term impacts were felt with the dollar falling against the Japanese yen. The prices in the stock have rapidly dropped giving great opportunities only to those who may wish to buy shares. The general economic growth may decrease just for a short period of time as a result of the post-disaster effects.Advertising Looking for essay on communications media? Let's see if we can help you! Get your first paper with 15% OFF Learn More Tsunamis remain to be one of the most destructive phenomena usually with immediate and long-lasting effects. The recent Japanese tsunami caused great loss of lives and most coastal infrastructure were massively destroyed. The rice fields were swept away when the tsunami waves spread over 8 kilometers into the inland regions (Bradley Statler, 2011). The impacts of this natural phenomena range from human, social, economic, and cultural in nature. The immediate effects may be too shocking and raising much uncertainty. However, it is generally believed that the impacts and recovery efforts could turn to be beneficial to Japan and even help the country surpass initial productive levels. Impact of the Tsunami on the Tourism and Hospitality Industries The disastrous effects of the tsunami that occurred in Japan have had direct impacts on the transport and tourism sector worsening the risks posed by the effects of a staggering economic recession since 2008/2009 financial year (Jones Phili ps, 2011). Shortly after the earthquake and tsunami were reported, both the inbound and outbound travel arrangements by hundreds of people were canceled. This was expected to extend for many months due to the destruction caused by the tsunami and earthquake as well as the not-easy to fade fears of after-shock and similar catastrophic phenomena (Macdougall, 2011). A number of countries in the world advised their citizens to avoid travelling to Japan during the disaster period until they are advised otherwise. This had direct impact on the Japanese tourism industry. Regional tourism business association recorded reduced bookings from the affected regions of Japan (the North Eastern prefectures) and this was expected to go on for the better part of the year which will result in significantly low earnings. The tsunami also triggered fears across other regions in the Pacific and hence many tour arrangements had to be temporarily suspended which in turn affected the tourism sector in thos e countries (Bradley Statler, 2011). For instance, tourists from Thailand cancelled their trips to Japan for fear of another earthquake and tsunami and related chain of effects like the nuclear power crises. Other airlines cancelled their flights to Japan soon after the country was hit by the earthquake and tsunami. It is not possible to talk about the tourism sector without mentioning the hotel and hospitality industry (Satake Borrero, 2007). Furthermore, major tourist reception centers were temporarily closed as well as other recreation and entertainment events which had been scheduled had to be abruptly halted. This implied that the income that would be generated were lost as a result of the tsunami disaster. Many businesses and other investments were massively destroyed and hence several people lost their livelihoods. Their appetite for travel would definitely be lost as a result of the tragic occurrences in Japan. The beach resorts in the affected areas were thriving before t hey were virtually wiped out by the earthquake and the subsequent tsunami (OECD, 2011). During summer period, thousands of tourists would choose these as their destinations due to their attractive nature. The first class guest houses that shone on the Japan’s northeastern coastal region were no more after the devastating effects of the tsunami. The accommodation services were strategically located since most tourists visit this region to collect shellfish, take boat tours of the numerous islands covered with pine, as well as eat the oysters commonly found in the bay (Jones Philips, 2011). They have remained to be the major Japanese tourist trails but they were no more after the wrecking impacts of the disaster (Satake Borrero, 2007). The major coastal towns in the northeast of Japan were literally washed away by the 10-meter tsunami waves that extended almost 10 kilometers inland, crushing down executive buildings, taking thousands of lives, and subsequently causing massive loss of jobs (Jayasuriya McCawley, 2011). The train network has also been a major facilitator of tourist activities in Japan. However, the major stations were jumbled up with the connecting tracks along the coastal region having been torn away and twisted beyond any immediate repair. This has had immeasurable impact on both the hospitality and tourism industry in Japan, particularly the areas bearing the brunt of the tragic events (Bryant, 2008). Moreover, the major tourist attraction features like the outstanding cliffs on the island of Miyatoshima were brought down by the forceful force of the tsunami waves. The magnificent bridge connecting to the island was swept away and tourists will not be able to visit the island until it has been rebuilt (Macdougall, 2011). This has direct impact on the tourism industry as it will take a while before the tourists chose this destination. As an inducement to woo tourists to visit Japan, holiday prices will have to drop significantly implyin g that the sector will get very low overall revenues. Existing Risk Management Processes and Disaster Recovery Processes Despite the fact that mankind has been faced with catastrophic physical phenomena since antiquity, it is evident that little can be done to prevent natural occurrences (Murata Katoh, 2010). These may include earthquakes, floods, droughts, volcanic activities, hurricanes, and high-magnitude tsunami. Although they may happen infrequently, their human, social, and economic effects are usually detrimental. People in vulnerable areas have learnt how to adapt to the otherwise life-threatening conditions. Before man became inventive, such events were experienced passively with little if any effort to prevent them. However, as the years went by, humankind has made effort to reduce the negative impacts of such activities like the number of lives lost, and property destruction (Macdougall, 2011). There is need for proper planning in the vulnerable areas if the associated ri sks are to be significantly minimised. A number of factors must be considered when planning to deal with the tsunami crisis (Hebenstreit, 1997). Apart from understanding the physical orientation of the tsunami itself including how it is usually manifested in each specific geographic area, it is paramount to be acquainted with the general physical nature, social and cultural factors (Edgar, 2011). The areas in the identified vulnerable zones have relatively different degree of vulnerability from each other (OECD, 2011). The frequency of tsunami in the Pacific Ocean is usually very high and hence the regions in this part of the world have received much attention from the hazard management bodies. There is need to consider the possibility of a tsunami when initiating development projects in the coastal regions. Land use practices along the coastlines have been greatly influenced by the unfavorable conditions in the rural or interior regions which are most mountainous (Satake Borrero, 2007). Despite the willingness to risk, government agencies in these countries ought to encourage people to live in the interior of the country where they are assured of safety and minimal risk compared to the coastal regions (Prothero, 2011). This implies that governments should also distribute development projects to these areas in order to attract more people out of the comparatively populated coastal areas. Furthermore, the government agencies should introduce land use policies which regulate investments in the coastal area with an aim of reducing the impact of tsunami once it occurs (Hebenstreit, 1997). Areas which have been known to sustain the impacts of massive tsunami should be identified as the best area for investment. High risk regions should be classified as such and people as well as government discouraged from investing heavily. Planning is therefore very important both to the government and industry development regimes since it helps in minimizing hazards related to tsunami and other natural events. As already mentioned, technological advancements in the modern days have facilitated the prevention of massive destruction as a result of natural catastrophic phenomena. It is possible to tell the possibility of a tsunami using sophisticated technological instrumentation (CRTWFSONTP NRC, 2011). These devices are designed to collect important data which are in turn used to communicate warning signs of a probable tsunami. Countries in the vulnerable regions have developed ultramodern technologies for issuing warning signs (Edgar, 2011). These countries include the Soviet Union, Japan, the United States, and Canada. As a measure of enhancing preventive approaches, the countries have agreed to share sensitive but crucial information that may help in evading the impacts of tsunami and related disaster found in the Pacific (Hebenstreit, 1997). They have developed specific oceanographic centers for this purpose and strategic positioned so as to enhance th e accuracy of the data collected through regular observation and measurement (Satake Borrero, 2007). One of the major centers to have been developed is in Honolulu where there is the Pacific Tsunami Warning Center (PTWC) operated by the United States National Weather Service and is currently the most trusted international source of tsunami warnings (Tankut, 2009). This station is linked to other stations dealing with specific factors associated with tsunami. There are a number of separate stations for monitoring seismic waves, others for observing ocean/sea tides and numerous information dissemination centers spread across the entire Pacific Basin in the different member countries (Bryant, 2008). Basically, the International Tsunami Warning System aims to detect as well as tell the location/epicenter of major earthquakes occurring in the Pacific area, determine whether they have the potential of causing tsunami, and subsequently issue timely and effective warnings and other importa nt information to the concerned populations in order to reduce the hazardous effects on humankind and property (CRTWFSONTP NRC, 2011). The earliest information about the Japan earthquake and subsequent tsunami was disseminated by the PTWC. It is important to understand how this warning systems functions. First, any of the recognized seismic observatory system detects an earthquake of significant magnitude of about 6.5 or more on the Richter scale (Tankut, 2009). Such earthquakes usually draw a lot of interest for investigation. The next step is for the PTWC to gather sufficient data of an earthquake and then determine its magnitude. When the information indicates that a possible tsunami is a threat to the people living in a given region, a warning message is disseminated to other agencies which are responsible for transmitting to the members of the public (Kumar, 2009). Thirdly, it is the duty of these agencies to act in advance in determining the appropriate immediate measures tha t will help move people to safe areas. If in case the tide stations later reveal that the negligible tsunami was generated, the PTWC reverses earlier warning. In most Pacific areas where there are frequent tsunamis, several warning stations have been established (Satake Borrero, 2007). Although the tsunami warning systems cannot be said to be excellent in predicting tsunamis, they help in sensitising about the potential hazards of the tsunami and hence facilitate the conviction of the members of the public to evacuate (Bryant, 2008). It is through these warning systems that many lives have been saved from the devastating effects of the tsunami and other natural catastrophes. However, failure by the members of the public to have confidence in government agencies has caused varying awareness of the tsunami disaster. This has been occasioned by the use of inadequate data and knowledge to make over-warning of tsunami which in turn unnecessary alarms. Regular incidences of false warning s have caused laxity when it comes to responding to subsequent warnings (Murata Katoh, 2010). Often, failure to comply with warnings has resulted in unnecessary loss of lives and destruction of businesses. There is need, therefore, for the education of members of the public on the risks associated with tsunami. Fortunately, newer technologies are enabling more accurate prediction of tsunami and the potential risks. Necessary Risk Management Processes for the Management of a Business in Vulnerable Regions Being a seismically active region, Japan has over the ages enhanced its ability to deal with the various natural disasters associated with it like high-magnitude earthquakes, floods, tsunami, and so forth (Kumar, 2009). It has developed mechanisms of detecting as well as responding to such natural crises in order to minimize their potential impacts. For a long period of time now, the legal system in Japan has not taken into consideration the risk posed by natural disasters (OECD, 2 011). In 1961, the Basic Law for disaster management was developed. With the continued emergence of both natural and artificial disasters, the public sector risk management took center stage in such cases. In the 21st century, there is need to develop appropriate risk management processes that will help in the management of businesses in the vulnerable areas. Importance of a Risk Management Strategic Approach It is ultimately necessary to have risk management strategic approaches in place in disaster prone areas. Businesses by multinational corporations, small-medium sized enterprises, the public sector, as well as communities are prone to disasters which may be beyond the control of the management and the policy makers (Murata Katoh, 2010). These risks range from high prices of commodities and services, business and market conditions, disruption of operations, technological changes, natural catastrophes, and so forth. Available strategies that I would need to address these risks a re varied. In the case of natural disasters, there is need for strategic risk management approaches. Businesses should be prepared to respond accordingly to unexpected events by taking maximum precautionary measurers in advance (Edgar, 2011). The management should be able to deal with market volatilities associated with the disasters through the formulation of appropriate risk management strategic approaches. Importance of Applying Risk Plans and Strategies The risk plans and strategies must be applied in a systematic manner if risks are to be minimised and these include; Risk identification, Analysis, Monitoring, Evaluation and Reporting. The first step in setting up a formal risk management process involves the classification of factors that influence businesses in vulnerable regions. Next, the vulnerability to the various types of risks are analysed and the potential effects estimated. The associated losses help in the determination of possible benefits if risks are mitigated (Ja yasuriya McCawley, 2011). The success of risk management process requires continuous monitoring and evaluation of how the measures taken are performing. This implies that the formal risk management strategy is an ongoing process and hence calls for regular reports of how the business under consideration is performing. It is through these reports that new interventions are introduced in order to reduce risks and maximise the existing opportunities before the anticipated disasters strike. Conclusion Despite the fact that there has been advancement in technology over the past few decades, it is still not easy to issue timely warnings of earthquakes and tsunami in highly vulnerable Pacific regions like Japan. The impacts of the recent earthquake and tsunami in Japan are very significant. The effects were both short term and long term. However, the tourism and hospitality industries were the most affected with far reaching economic and social implications. About 25,000 thousand people w ere left dead as well as missing, and thousands were left injured as a result of the destructive tsunami triggered by the 9.0-magnitude earthquake. It has emerged from the discussion that the disastrous effects of the tsunami that occurred in Japan have had direct impacts on the transport and tourism industries. Shortly after the earthquake and tsunami were reported, both the inbound and outbound travel arrangements by hundreds of people were canceled. This was expected to have long-term effects on the tourism industry. Many countries have also advised their citizens against travelling to Japan during the disaster period. This has had direct impact on the Japanese tourism industry. The hospitality industry has also not been spared. Due to the reduced number of visitors into the country, many hotels and guest houses have recorded decreased number over the disaster period, particularly in the North Eastern prefectures. A number of effects on the tourism and hospitality industries have been discussed broadly in the paper. The paper has also pointed out the importance of risk management strategic approaches, the importance of applying risk plans and strategies like risk identification, analysis, monitoring, evaluating and reporting. Furthermore, the existing national and international risk management processes and disaster recovery processes by the member countries and how they function in vulnerable areas have been discussed. Therefore, it is evident that the recent tsunami disaster in Japan has directly affected both the tourism and hospitality industries and a lot of reconstruction will need to be done if they are to thrive all over again. References Bradley, P. K. Statler, M. (2011) Encyclopedia of Disaster Relief. SAGE Bryant, E, (2008) Tsunami: the underrated hazard. Springer Committee on the Review of the Tsunami Warning and Forecast System and Overview of the Nation’s Tsunami Preparedness (CRTWFSONTP) National Research Council (NRC) (2011) Tsunami Warning and Preparedness: An Assessment of  the U.S. Tsunami Program and the Nation’s Preparedness Efforts. National Academies Press Edgar, T. (2011) The Pearson General Knowledge Manual 2011. Pearson Education India Fraser, T. L. (2011) Body Connection. Xlibris Corporation Hebenstreit, G. T. (1997) Perceptions on tsunami hazard reduction: observation,  theory and planning. Springer Jayasuriya, S. McCawley, P. (2011) The Asian Tsunami: Aid and Reconstruction  After a Disaster. Edward Elgar Plc. Jones, A. L. Philips, M. (2011) Disappearing Destinations: Climate Change and the  Future Challenges for Coastal Tourism. CABI Kumar, M. J. (2009) Natural Disasters: Vulnerability, Preparedness and Mitigation. Springer Macdougall, D. (2011) Why Geology Matters: Decoding the Past, Anticipating the  Future. University of California Press Murata, S. Katoh, K. (2010) Tsunami: to survive from tsunami. World Scientific Organization for Economic Co-operation and Development (201 1). OECD economic  surveys: Japan. Author Prothero, D. R. (2011) Catastrophes!: Earthquakes, Tsunamis, Tornadoes, and Other  Earth-Shattering Disasters. JHU Press Satake, K. Borrero, J. C. (2007) Tsunami and its Effects in the Indian and Pacific  Oceans. Springer Tankut, A. T. (2009) Tsunamis and Earthquakes: Civil engineering Disaster  Management. Springer This essay on Impact of the Japan Tsunami 2011 Disaster on Tourism and Hospitality Industries was written and submitted by user Tristin Mcintyre to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Monday, November 25, 2019

The Passion is a passionate fi essays

The Passion is a passionate fi essays The Passion is a passionate film amongst viewers Mel Gibsons The Passion of the Christ blasted into the theatres with high expectations last Wednesday February 25, 2004. Many movie fanatics rushed to the threates to see the phenomenon movie that had been greatly advertised in magazines, newspapers, on television and on the big screens previews. However, many of The Passions viewers had different opinions after seeing the gory and gruesome, but historical accurate movie about the legendary of the death of Jesus Christ. The film seemed to be a very controversial diary of Jesus Christ among citizens in Hanover Township, as it had done to many other people across the nation who had witnessed the historical movie. It seemed a bit gory, but it was true. It told the whole story of the death of Jesus. Claimed David Suh, 15, a sophomore at Whippany Park High School. The blood and violence brought out what truly happened back in the days of Jesus. Some may have enjoyed its flash back into the B.C. times, but others thought the blood and violence was too much to take in. There was way too much violence. It showed the pain and hatred of those days and it didnt settle well in stomach. Explained Lindsey Molina, 19, college student. Others may have thought that brutal battling and horrifying and graphic images were a very dark side of the movie. It seemed too much. Others had mixed feelings. At times, the blood got to me, and I felt like I was going to faint. Said Jerry Pinnes, 15, sophomore at Whippany Park High School. However, I really enjoyed the trip back into history. Those were very important times. The mixture of fact and gore has defiantly had a great impact on American moviegoers, because The Passion of the Christ has already soared past a million dollars in movie tickets. ...

Friday, November 22, 2019

Reflection 3 Essay Example | Topics and Well Written Essays - 500 words - 1

Reflection 3 - Essay Example 2. My top three scores are Ambassador, Truth-seeker and Creative Builder which are all 21 points out of 25. This means that most of my strengths are on being diplomatic and allowing people to settle things before they get worst and on allowing them to realize their potentials. It is also important for me to be fair and for people to be the same on the basis of justice. It is also helpful that I find ways to solve things and look for new things and to improve them. This is basically what could be my leadership legacy. These are not bad qualities which I hope to improve by building more relationships and analytical process of solving things. 3. Daniel leadership style is effective in accordance to the Path-Goal Theory because he incorporates the connection of the demands that the task will require in relation to the kind of employees that he has. A good example of this is how he has categorized the types of work into two, namely, duplicating and publishing. Those who he assigned to duplicate documents do not require much skill and this is where the part-time students would be more effective since their main focus is on their respective courses. Those who are working under desktop publishing are more skilled than the other workers because their job requires time and more tedious work including creativity. Daniel as a leader is able to motivate the employees because they know that they are working under someone who has a concern for them. He is able to coach them when they need help, like in a software problem, guide them in the completion of their jobs and direct them when the same is necessary. Knowing that they can talk to their boss motivates the employees. Daniel’s work in The Copy Center makes him mindful of the character of the task and the capabilities of the subordinates makes for an effective leadership style that he

Wednesday, November 20, 2019

Services Marketing Essay Example | Topics and Well Written Essays - 3500 words

Services Marketing - Essay Example UK bus industry having about 9000 licensed bus companies now supports about 170,000 odd jobs. There are about 22000 bus services registered within UK. Stagecoach comprises of one of the largest bus operators in UK. It runs about 8100 buses and employs around 35000 staff. It is also engaged in providing rail and tram services in UK. Size The daily travel density across the country is about 2 million people. Major competitors for the concern include Cowie, FirstBus, Arriva, West Midlands Travel, National Express, First and GoAhead. Other competitors include international bus service agencies and independent operators (Arriva. 2013). Competitive Structure Since 1985, the bus industry has seen a growth that is remarkable. Presently, 4 of the major bus operators, namely, Cowie, FirstBus, Stagecoach and West Midlands Travel have more than 50% market share. However, the typical market structure specific to a bus industry is that unlike other manufacturing and service concerns, bus service i ndustry focuses majorly on numerous local markets. The local market is evidently the large urban areas (Tsiotsou, and Goldsmith, 2012). What is also striking about the market is that each one of the big 4 operators has almost equal market share with none having a significant market presence in all of the regions. If any of these big four operators want to become a market leader, they would necessarily need a very aggressive marketing strategy to acquire the market of other competitors. Competition is very limited because each one has its own market niche and customer set (Competition Commission, 2013). Opportunity and Threat Analysis Opportunities: Acquisitions Stagecoach is operating in a market where there are primarily three major competitors, namely, Cowie, FirstBus and West Midlands. Here, each bus operator has almost equal share in the industry ad each one acts as a major market player. Competition is faced by these 3 bus operators alone; rest smaller operators do not pose sig nificant threat (Reuters, 2013). This is because the bus market in US is geographically segregated. Each player has his set and defined market area. Players do not compete in each other’s defined territories. This culminates in what is known as a lack of head to head competition. Bus operators are running excess profits because of lack of competition in their area of operation. Cities like Oxford, Nottingham and Sheffield were among the few places where there was some sort of competition observed (The Courier, 2012). With a view to become a market leader and overcome such competition, Stagecoach can employ a consolidation strategy. It can expand its operations, and thereby market share by a series of acquisitions of smaller bus operators. With such acquisition based expansion, benefits to passengers will be felt directly in the form of falling prices, better services and higher frequencies. As for the firms, intense rivalry shall lead to one large firm being replaced by the o ther such that it leads to complete shutdown of the weaker firm (ReportLinker, 2013). Emerging markets and expansion abroad Stagecoach operates majorly in UK and is expanding its operations in USA, NewZealand and Canada. Emerging nations like Brazil, China, India and Indonesia are countries full of growth opportunities. Expansion of bus services in these countries would be a great business opportunity. Countries like China and India have a huge

Monday, November 18, 2019

PETA ( People for the Ethical Treatment of Animals) Research Paper

PETA ( People for the Ethical Treatment of Animals) - Research Paper Example PETA is often criticized for its radical and sometimes controversial approach towards social protest. Still even some of the avid detractors of PETA respect the validity and nobleness of its cause (Stevens, 2010). Introduction to People for the Ethical Treatment of Animals (PETA) People for the Ethical Treatment of Animals, popularly known as PETA, was founded in 1980, by the efforts and collaboration of two much experienced and dedicated animal rights activists, Ingrid Newkirk and Alex Pacheco. PETA is a not for profit organization with 300 salaried employees, backed by a committed pool of two million members and supporters, which includes some of the really famous celebrities and personalities (Stevens, 2010). PETA claims to be the biggest animal rights organization in the world. The motto of PETA is â€Å"animals are not ours to eat, wear, experiment, on or use for entertainment (PETA: Online). The core issues regarding the cruelty towards animals that PETA focuses on are, fighti ng against the exploitation of animals for entertainment (circuses, fishing, buying animals as pets from pet stores or companies, dog fighting, cock fighting, bull fighting, etc), using animals for carrying out scientific experiments and tests, fur farming and organized factory farming (Stevens, 2010, p. 6). Framing of the Animal Rights Issue by PETA The animal rights groups that existed before PETA were predominantly conservative, whose approach towards the issue was at the best, mild and reconciliatory. In 1981, just a couple of months after its conception, PETA brought the issue of animal rights to the forefront of American socio-political platform, by creating a controversy around the issue of cruelty inflicted on a group of macaque monkeys by the researchers at the Institute of Behavioral Research in Silver Spring, Maryland, leading to the first ever police raid on an animal laboratory in America, followed by an amendment in the Animal Welfare Act in 1985 (Macionis, 2010: Steve ns, 2010). PETA, right from the start was well aware of the fact that the issue of cruelty towards animals was considered something not so important as to attract public attention, unless it is presented and highlighted with ample glitz, media coverage, drama and attention grabbing and disturbing visual content projecting cruelty on animals (Pace, 2005, p. 37). Considering the deluge of human problems facing the society, animal rights were not something that commanded a top priority on the public and political agenda. Thus, any approach towards challenging the existing status quo must need to have a SHOCK appeal. Therefore, every activity of PETA be it political lobbying, protests, media campaigns, undercover investigations, has this quintessential X factor that is unexceptionally always successful in grabbing public attention and jolting the mass conscience. This accompanied by a parallel strategy aimed at reaching out to and educating the people, pursuing a hot and cold approach t owards the targeted corporations and pressurizing the corporate managements by becoming a stockholder (Tkac, 2006, p. 6). PETA is an animal rights group that has been both famous as well as notorious for its innovative, wacky, controversial, disturbing and nerdy approach towards framing, campaigning and protest. One big success of

Saturday, November 16, 2019

Biography of Prof. Joseph Kahamba

Biography of Prof. Joseph Kahamba BIOGRAPHY OF Prof. JOSEPH KAHAMBA Dr. Joseph Kahamba is an Associate Professor in Neurosurgery at Muhimbili University College of Health Sciences (MUCHS) in Dar es Salaam, a Consultant Neurosurgeon and acting Head of the Neurosurgical department at Muhimbili Orthopedics and Neurosurgical Institute. He holds a Doctor of Medicine (MD) of the University of Timisoara-Romania, a Master of Medicine (MMed) in General Surgery of the University of Dar es Salaam, a Master of Science (MSc) in Neurosurgery of the Universities of Zurich, Ulm and Dar es Salaam (a sandwich program), and FCS-ECSA (Fellow of the College of Surgeons of East, Central Southern Africa) and MBA (Master of Business Administration) program of the University of Dar es Salaam. CHILDWOOD Born September 1 1964 in Bukoba, Tanzania, Prof. Joseph Kahamba was raised in a hard working middle class family with Ten siblings–four brothers and six sister. His mother was a farmer and father a Secondary teacher. He grew up mainly in three kind of environment, Gangster, Quiet, Energetic and loud .During his childhood years his family lived first in Katoke and then shifted to Ishozi, Bukoba. When they were living in Katoke he had many friends. He liked making friends. He was with them all the time. They went to many places and parties together, and they even went to the Disco or play soccer together and he really enjoyed this these moments. His best friends ware Stanley, Mjuni, Peter, Ester and Salma. He really enjoy be with them, because they were so nice that sometimes talk about all in his life, and when he had a problem they always help him. Childhood influences: The first book He remember reading for fun was called ‘Maisha Yetu’. He probably read it three times a day. He also liked Greek mythology since he was in middle school. He used to read mostly fantasy and science fiction in high school, and then got interested in mysteries when He got to Universities. Since his father was a teacher. He grew up in a very artistic family. His Dad was an inspiration professionally and his Mum was always there to talk to. His Dad taught him many values that define who he is now — the values of honesty, integrity and sincerity. They were teachers to him and his mother was always scout him to school when he was very young. She used to read for him stories every night that he can remember many of the stories and have even got quite a few of the books she read to him. Her Mum had a sing-song voice that he once told her but she thought he was criticising her and she got a bit humpy with him. His dad read to them when we were older but he helped them a lot with writing and studying. When sitting together with his father, they spent long hours talking about the world, politics, books and football. His father was also very funny, very good at jokes and could speak several languages. All this influenced his carrier. EDUCATION PRIMARY SCHOOL He received his primary education at Katoke Primary School between 1970 and 1973; his middle school education at Kanyigo School from 1974 up to 1978. Durring his Primary education his favorite subject were Science (especially biology and chemistry!), He loved them and he was never horrible at any subject, but he definitely hated History because he never liked writing essays since he didnt find it interesting. His favorite teacher was his Math’s teacher Ms.Salome, when he was in the fifth grade. As he described her as being very loving, caring, inspiring and almost like a mother to them. SECONDARY AND A-LEVEL After graduating at Kanyigo School in (1978) he was selected among 50 best students and been transferred to a Seminary government Secondary School (Kashasha Seminary) which it was 56 Kilometers’ away from his virrage. In 1978, Prof.Kahamba enrolled to Kahororo Seminary Secondary School for (O A-level) education between 1978 to 1984. While there much had happened routinely in the Seminary, each day had its own rhythm and he also noted that the seminarians had a varied schedule. They used to begin each day in the chapel, with either Morning Prayer from the Liturgy of the Hours at 7:30 a.m. After breakfast,Which sometimes made him to sleep in class .But in class He was often knowing how to do complex math problems before the concept had even been introduced to his class. In his second year the young Prof.Kahamba participated in student body government as Sports Minister in my second year. In this time, He worked for 2 years as the Scout President at a School camp. He liked most about school were the after-school athletic activities and least were Mandatory attendance and Learning superfluous subjects. Also he often knew how to do complex math problems before the concept had even been introduced to his class. He also did some extracurricular activities by Participating in Gym, Sports and Society clubs. He engage in the social life with other students mostly in parties. In 1984 his family returned to Ishozi, and Prof.Kahamba within a short time graduated from high school in the first division. UNIVERSITY In 1984, He enrolled at the University of Timisoara-Romania for his undergraduate study in Medicine (MD).In his first year in medical school he had been participating in new types of medical research. Since arriving in April he was been able to participate in two different research projects – one qualitative and one quantitative. In University, He was also involved in few outside activities. While there, and to enhance his meager income, He organized a Helping Hand Club and even served as its Vice president. After a handful of jobs , He finally went for different Projects to work for a large investment films. There He continued the trend of just meeting his potential, only taking on new challenges when enything was brought to his attention that it could be perfect opportunity for him. After graduating and reserved the certificate in Doctor of Medicine (MD) of the University of Timisoara-Romania, He then went back to his hometown and worked as Pharmacist assistance for the village local Institute Dispensary and a few Pharmacies in and around his hometown. In the meantime, He spent 1 year before Master school as a Soldier at Kanyigo Military, Bukoba serving for his county. During his time there, they moved into different largest military in the county for training. They also moved into the new country military base of Lugalo. One of thing he learned was simple. It doesnt matter if you can [do something] or not, you will. Just get it done. Going Master school had always been in the back of his mind, and he finally headed again across the Ocean to enroll in a Master of Science (MSc) in Neurosurgery at the Universities of Zurich in (1990). Early in 1992, he was transferred as a medical student to Zurich Medical cumpus to gain greater clinical experience, were he become Senior Laboratory Assistance at the University. He began his career as an ICU fellow at the Katoke Hospital Center where he worked in a variety of critical care settings before coming to the Clinical Center in 1999. At the Clinical Center he began his career as a Senior Clinical Researcher in the Medical Intensive Care Unit. His clinical research specializations included health behavior and health disparities research with special emphasis on methodology and measurement in end-of-life care, integrative health and vulnerable populations. After that, His wife and him moved to Bugando, Mwanza. Were they lived there for two years and managed to teach Bugando Medical University for almost 1 year. Then they had two daughters, Eunice and Nelly, and we moved back home to Dar es salaam. were he enrolled for MBA (Master of Business Administration) program at the University of Dar es Salaam.While there he used his extra time to teach at Muhimbili University College of Health Sciences (Neurosurgery). Professional Recognition In November 2003, Prof. Kahamba was recognized by the Tanzanian Society of Orthopedics with the Dedicated Service Award. This award honors dedicated volunteer service to the Society marked by his outstanding performance. Between 2000 and 2006,He served as President of the Medical Association of Tanzania (MAT) at Muhimbili Orthopedics and Neurosurgical Institute. The Association that aimed to compliment the government efforts in reaching its desired objective of promoting the health and wellbeing of all Tanzanians. Marking the 45th Anniversary Medical Association of Tanzania (MAT) in 2008.Professor Joseph.F. Kahamba was presented with MAT Fellowship certificates for their distinguished contributions to the promotion of the medical profession and nurturing of the Medical Association of Tanzania. FAMILY In 1990, He met a pretty woman at a Staff Board meeting. He could feel that she was the right one for his eternal life. In 1991, He married Dr. Godelive Kagashe,Lecture in College of Health Sciences (MUCHS) in Dar es Salaam when he was 27.The wedding took place in Church, one month from his 28th birthday, Gogelive was 25, who spent her childhood in Morogoro, Tanzania. They have four childrens,One boy, Innocent 21 and three Daughters, Eunice 23, Nelly 22 and Karen 17. Eunice lives in the Mikocheni area. Shee works for a Clothing business company. Whenever they visit each other, they have a great time and many laughs. She also guides, teaches , and has been a great role model.Nelly is a Postgraduate in Medicine at Bugando Hospital,Mwanza.While Innocent is undergraduate in Civil engineering at Arthi University. When he was young, He sometimes did something very horrible that he then regret doing. One at which he would get other children to laugh at someone. He made fun of that person and got others to join in. In the rare hours when he’s not at Work, He enjoy running, reading, watching news. He’s very excited about moving back to his village in next year’s. About his Haya and Christianity background he said â€Å"its important because its how and why my parents behaved in the way they did. If I try to break that down into exactly what, all I come up with is things like the particular way in which they told stories about their family and their childhoods. At age of 50, He honestly think that reading has been one of the pleasant constants in my life. Reading truly feeds his soul. Looking ahead 20-30 years, He will fear losing his eyesight more than any other senior ailment. What the heck, he could enjoy reading The Adventures. Among of the worst or most embarrassing experience of his career as had been to identify his younger brothers body at a local municipal morgue. Employment and Professional Activities 1986-1987 Research Laboratory , University of Timisoara-Romania. 1988-1990 Postdoctoral fellowship, Institute for Advanced Study, Mwanza. 1991-1992 Senior Laboratory Assistance, University of Zurich. 1996-1997 Assistant Professor, Bugando University, Mwanza. 1997-1998 Associate Professor, University of Dar-es-salaam. 1998- Professor, University of Muhimbili, Dar-es-salaam. 1997-1998 Staff of Katoke Hospital Laboratory,Bukoba. 1998-2000 Director of MOI Physical Laboratory 2002-2004 Head of the Neurosurgical department at Muhimbili Orthopaedic and Neurosurgical Institute. 2000-2006 President of the Medical Association of Tanzania (MAT). 2007- Associate Professor in Neurosurgery at Muhimbili University College of Health Sciences (MUCHS),Dar-es-salaam

Wednesday, November 13, 2019

Software Patents in Western Europe :: Software Technology Patent Paperes

Software Patents in Western Europe Introduction The world is becoming smaller and smaller. It’s a catch-line clichà © anyone who is familiar with the internet has heard a thousand times. Email provides nearly instant communication across the globe, massive files containing every imaginable piece of information are transmitted in the blink of an eye, and the World Wide Web makes it all accessible to the common individual with moderate computer skills. There is no denying it, just like the IBM slogan, the internet has changed the way the world does business. One key to doing business is the patent. Meant to reward and encourage innovation, the patent gives the creator of an idea or invention a temporary monopoly on their product. This grants small businesses a foothold in a market that would otherwise be dominated by giant corporations. Thus patents give life to competition, the cornerstone of capitalism. However, with the advent of the computer industry the issue of patenting software programs has become an intense debate. These intangible sequences of ones and zeros are coveted like gold and in some cases are the very livelihood of numerous businesses. The State of Affairs in Western Europe There are two camps in Europe battling out the issue of software patents. On one side we have â€Å"Brussels technocrats and technology giants such as Microsoft, SAP, and Nokia, all of which insist that Europe must do more to protect intellectual property or risk compromising its global competitiveness.†1 The basic argument of this side is that patents are necessary if Europe wants to compete with U.S. and Chinese innovation. On the other side of the debate there is â€Å"an army of economists, left-leaning politicians, and programmers such as Linux creator Linus Torvalds†1 who present the argument that â€Å"software patents are a creativity-crushing weapon wielded by multinationals to bash [startups].†1 The open-source community, which produces software without patents for all people to use, is particularly strong in Europe. It is their opinion that software patents put programs under lock and key and they would like to see Europe reject software patents c ompletely. For the past two years the European Union has been working to stiffen its existing patent laws while balancing the sometimes conflicting requirements of its 15 members. However, the process was upended in September when â€Å"the European Parliament -- under heavy last-minute lobbying by open-source advocates -- unexpectedly approved a draft law that effectively banned all software patents.

Monday, November 11, 2019

Review of related literature about jollibee Essay

INTRODUCTION BACKGROUND OF THE STUDY The original owner Tony Tan and his family opened a Magnolia Ice Cream parlor in Cubao, Quezon city in 1975.In 1978, he and his siblings engaged the services of a management consultant, Manuel C. Lumba, who shifted the business focus from ice cream to hot dogs after his studies showed a much larger market waiting to be served. Lumba was Tan’s last business and management mentor. Throughout its three decade history, Jollibee became a success enjoying rapid growth. The chain opened successful milestone stores in the following years: Its 100th branch in Davao on 1991;   The same month, Jollibee signed a deal to acquire 55 percent of China’s Guangxi San Ping Wang Food and Beverage Management Co. Ltd., operators of the San Pin Wang beef noodle business for 30 million RMB. On October 2011, Jollibee acquired a 54% stake in BK Titans, Inc., the sole franchisee of Burger King in the Philippines. In 2011, Jollibee opened 260 new stores, of which 167 were in the Philippines led by Mang Inasal (86) and Jollibee (40). This brought the company’s total number of stores to 2,001 as of end December 2011. The same year, Jollibee closed Manong Pepe foodchain in favor of Mang Inasal, and sold Dà ©lifrance to Cafà ©France. Overseas, Jollibee opened 93 stores, led by Yonghe King in China (70) and Jollibee Vietnam (11). In 2013, Jollibee opened its first store in Virginia Beach, Virginia as well as in Houston, Texas. The restaurant plans to expand to Toronto in Canada, Malaysia and Indonesia. They also plan to expand throughout the Southern United States such as Atlanta, HYPERLINK â€Å"http://en.wikipedia.org/wiki/Charlotte† o â€Å"Charlotte† Charlotte,Dallas and Chicago. Currently, aside from its flagship brand Jollibee, the group’s other brands are Chowking, Greenwich, Red Ribbon, Mang Inasal, Burger King, Yonghe King (China) and Hong Zhuang Yuan (China). Jollibee is an American-style fast food restaurant with Filipino-influenced  dishes specializing in burgers, spaghetti, chicken and some local Filipino dishes. In the Philippines, Jollibee serves Coca-Cola products for its beverages; in overseas markets, the chain serves Pepsi products. Jollibee started with five branches in 1978 and has grown to a strong network of a total of 801 stores in the country, and 96 stores internationally. In total, Jollibee has 896 stores worldwide as of November 2013. It is the largest fast food chain in the country with international locations in Brunei, Hong Kong, Indonesia, Kuwait, Malaysia, Qatar, Saudi Arabia, Singapore, Vietnam, the United States, and Canada. JFC is planning to expand Jollibee to other markets like Europe. Jollibee Chicken Joy Potential (Total Market) in last 25 years, Chicken Joy has evolved from just plain chicken product to a strong and well-loved brand in the QSR (quick service restaurant) industry. It reached the level of having an established emotional affinity among Filipinos given its constancy as a functional product and the heritage that it continuously imparts in every household. Primary Target Moms and dads with kids (0-12 years old), across socio-eco classes, chicken eaters positioning a uniquely delicious total sensory experience enjoyed by the whole family: Crispylicious, juicylicious, amoy delicious, and gravylicious, satisfies not only your family’s craving for a delicious chicken meal but also your family’s needs for bonding moments. Also, Jollibee, the country’s leading fast-food chain, was cited as one of the top 10 international fast-food restaurants in the United States. US-based food and drink website The Daily Meal listed Jollibee as among the favorite foreign food chains in the country. The website described Jollibee as â€Å"hugely popular in the Philippines, and has locations scattered around the US, largely in California. Aside from burgers, they offer fried chicken, spaghetti, noodles, and unique breakfast dishes like Spam, beef tenders, or sweet pork with rice.† The Daily Meal draws over eight million unique visitors per month and ranks as one of the fastest-growing content sites of all time. The food and drink website also produces annual reports, including the 50 Most Powerful People in Food, 101 Best Restaurants in America and 150 Best Bars in America.

Saturday, November 9, 2019

A Letter of Advice to Nhs Litigation Authority on Clinical Neglgence Case of Missed Fractured Scaphoid Bone

To: NHS Litigation Authority, Re: Chandler Bing v Friends Health NHS Foundation Trust Dear Sir/ Madam, Thank you for your referral of the case concerning Mr. Chandler Bing’s missed fracture scaphoid bone received on 31 August 2010. The following is the Letter of Advice to the NHSLA concerning the above-mentioned case. The Claimant: 1. The Claimant was born on 8 April 1969. As a result of the events referred to in their particulars of claim the claimant is now represented by Bloomingdale Solicitors to launch to launch a civil action against Friends Health NHS Foundation Trust on 31 August 2010. The Defendant: 2. The Defendant was at all relevant times responsible for the management control, and administration of Friends Health NHS Foundation Trust, and for the employment of doctors, nurses, and other medical specialist s including emergency medicine, radiology and orthopaedic surgeons at and for the purpose of the said hospital. Duty of care: 3. Each of the doctors, nurses, and other staff employed at the hospital who treated the Claimant at the hospital owed the Claimant a duty of care. This duty included a duty in respect of: a. The advice given to the Claimant; . The diagnosis made in respect of the condition of the Claimant; c. The treatment prescribed for the Claimant and advice as to the effect of the treatment; d. The monitoring of the Claimant whilst treatment was given to the Claimant. 4. The Defendant is vicariously liable for any such breach of duty on behalf of any of its employees. Procedural Steps: 1. Protocol Steps: a. Obtaining health records: to provide suf ficient information to alert the Healthcare provider where an adverse outcome has been serious; to request for specific medical records involving the case. . Request for copies of patient’s clinical records with approved standard forms. c. Make sure the copy records to be provided within 40 days of the request and for a cost not exceeding changes permissible under the Access to Health Records Act 1990. d. If the Healthcare provider fails to provide health records within 40 days, their advisers can then apply to Court for an order for pre-action disclosure. e. If Healthcare provider considers additional health records are required from a third party, these should be requested through the patient. Third party Healthcare providers are expected to co-operate. 2. The response: Letter of response: a. Provide requested records and invoice for copying. b. Comments on events and/or chronology. c. If breach of duty and causation are accepted, suggestions for resolving the claims and request for further information offer to settle. d. If breach of duty and/or causation are denied, outline explanations for what happened by Healthcare provider suggests further steps like further investigations, obtaining expert evidence, meetings, negotiations or mediation, or an invitation to issue proceedings. e. Healthcare provider should acknowledge receipt of letter of claim within 14 days of receipt. f. Healthcare provider should, within 3 months of letter of claim, provide a reasoned answer. g. If claim is admitted, then the Healthcare provider says so. h. If any part of claim is admitted, then Healthcare provider makes clear which issues of breach of duty and/or causation are admitted and which are denied and why. i. If claim is denied, include specific comments on allegation of negligence, and if synopsis or chronology of relevant events provided and is disputed, Healthcare provider’s version of events provided. . Additional documents, for instance, internal protocol, copies provided. k. If patient made an offer to settle at this stage as a counter-offer by supporting medical evidence, and/or other evidence in addition to claim in healthcare provider’s possession. l. If parties reach agreement on liability, but time is needed to resolve claim, then aim to agree a reasonab le period. Witness Evidence: The witnesses concerned in this case include: 1. Claimant’s family members and colleagues concerning the accused loss of function in daily activities of living. . Healthcare providers beside the medical doctor in Accident and Emergency Department, including accident and emergency doctors and consultants, radiologists, orthopaedic specialists, nurses, family doctors, etc, who have treated the Claimant. 3. The Claimant himself. Where a witness statement or a witness summary is not served, the party will not be able to call that witness to give oral evidence unless the Court allows it. Matters to be covered in the witness’s statement will include: 1. Occupation and working ability of the Claimant, if this has changed, since the injury, previous occupation of the Claimant. 2. Brief description of marital and family circumstances including dates of birth of all the family members of the Claimant. 3. The Claimant’s amount of the sequence of events relating to the treatment in question. Care should be taken to avoid importing text and phraseology from medical records or reports that the Claimant would not use in the normal course of discussing the case. 4. If the witness’s factual recollection of events differs in any important respect from the medical records, or from the version of facts set out in the Defendant, the statement should acknowledge this and comment upon these differences. 5. The witness should describe the effects of the injury; this will include the effects on his physical condition, emotional condition, the practicalities of everyday life, the Claimant’s financial affairs, family life, and future plans and projects. Additional witnesses should state their relationship to the Claimant. If a amily member is providing a statement which is collaborative of the Claimant’s amount of events, the witness should confirm that he or she has read the Claimant’s statement and state that he or she agrees with its contents, insofar as those within his or her knowledge. The statement should then deal with issues of which the witness can give primary evidence. Where a party is required to serve a witness st atement and he is unable to obtain such a statement, for example because the witness refuses to communicate with the Defendant’s solicitor, he may apply to the Court for the permission to serve only a witness summary instead. This application should be made without notice. The witness summary is a summary of the evidence which would otherwise go into a witness statement, or if the evidence is not known, matters about which the party serving the witness summary will question the witness. Expert Evidence: 1. In clinical negligence disputes, expert opinions may be needed: a. On breach of duty and causation. b. On the patient’s condition and prognosis. c. To assist in valuing aspects of the Claims. The main expert witnesses to be considered include: a. Orthopaedic specialists. b. Accident and Emergency specialists. c. Radiology specialists. 2. The new Civil Procedure Rules will encourage economy in the use of experts and a less adversarial expert culture. It is recognized that in clinical negligence disputes, the parties and their advisers will require flexibility in their approach to expert evidence. Decisions on whether experts should be instructed jointly; and on whether reports might be disclosed sequentially or by exchange, should rest with the parties and their advisers. Sharing expert evidence may be appropriate on issues relating to the value of the Claim. However, this protocol does not attempt to be prescriptive on issues in relation to expert evidence. 3. Obtaining expert evidence will often be an expensive step and may take time, especially in specialized areas of medicine, where there are limited numbers of suitable experts. Patients and Healthcare providers, and their advisers, will therefore need to consider carefully how best to obtain any necessary expert help quickly and cost effectively. . Assistance in locating a suitable expert is available from a number of sources. Here the NHSLA has already supplied a number of experts for this case. 5. This is a case of missed fracture of the waist of the scaphoid, for a patient initially seen in the Accident and Emergency Department, is often a clinical diagnosis rather than a radiological diagnosis, because this fracture may not become apparent on an X-Ray until often a period of 10 days, and some times konger, has elapsed. . Tenderness in the anatomical snuffbox at the base of the dorsal aspect of the thumb, or pain produced by proximal pressuring on the wrist joint in radial deviation by comparison to the unaffected side, together with diminished power of grip, is an indication for the forearm to be put into a scaphoid plaster of Paris. 7. The patient must have the plaster checked the following day and will need to be X-Rayed again in 10 to 14 days if a fracture line was not initially visible. 8. When a fracture of the scaphoid is suspected, â€Å"scaphoid views† should be asked for. 9. The doctor at Accident and Emergency Department must ensure that 4 views have been carried out: Anterior-Posterior, Lateral, Supination oblique, and Pronation oblique. 10. If there is doubt about the diagnosis or the fracture is displaced, then a more senior or orthopaedic opinion must be sought forthwith, otherwise a scaphoid plaster must be applied, and the patient referred to the next Accident and Emergency review clinic or fracture clinic. 11. There is a component of contributory negligence by the Claimant who insists to remove the plaster in the follow up clinic despite he was strongly advised not to do so. The effect of this contributory negligence on the Claims should be further explored and evaluated. Quantum of damages: The means to calculate the quantum of damages made in this case of clinical negligence include various heads of the following damage: 1. Pain, suffering and loss of amenity; 2. Loss of earnings; 3. Care and assistance; 4. Travel and parking; 5. Miscellaneous expenses. The Claims on items (1), (3), (4) and (5) are measured quite subjectively by the patient affected. The calculation of loss of earning could be done by using the Ogden tables, which are involving a set of statistical tables for use in Court case in the United Kingdom. Beside the age of this patient (Date of Birth=08/04/1969) being 41 years old on the date of claim (that is 12-11-2010) is known, we still need to know about the patient’s earning per annum, what is his occupation, whether he had any disability resulted, his qualifications, and his planned age for retirement. In case where the period of loss of earnings will continue for many years into the future, it is particular important to ensure that amount is taken of likely periodic changes to the Claimant’s income. The Claimant will want to point to anticipated career progression. In such cases, the Court will either: 1. Determine the average multiplicand, based upon the likely earnings throughout the period of loss, which will be applied to the full period of the loss, or; 2. Use stepped multiplicands for each stage of the Claimants career. Generally, this will result in a lower multiplicand at the beginning and possibly at the very end of the period of loss, with one or more higher multiplicands to represent the likely career progression that would have been followed. There is a need to interview the Claimant in more details to decide these uncertainties for a more comprehensive evaluation. Last but not least, the importance of expert evidence in such a case is vital. Medical evidence can provide an indication as to what work the Claimant will be capable of undertaking, both at present and in the future. This, together with evidence of the Claimant’s employment prospective, will assist the Court in determining what will happen to the Claimant in the future. Another means to calculate for the approximate quantum of the damage in this patient is to look into common laws and journals for similar cases for comparison and a rough estimation of quantification of similar claims. In Johns v Greater Glasgow Health Board1, a 44 years old lady broke her scaphoid bones in both wrists in a fall. The fractures were only diagnosed three months later. As a result the fractures would not unit, causing continuous incapacity and pain. Bone grafting was contemplated, despite an earlier unsuccessful attempt. Held, that solatium was properly valued at 11,000 pounds with wage loss to date and for a further 4 years. In W v Ministry of Defence2, which is a case of failure to diagnose fractured scaphoid from Clinical Risk 2010; Volume 16: p. 198 (by Collier et al). The case was settled concerning damages awarded to the Claimant pursuant to the delay in the diagnosis of the fracture of his hand, without which the Claimant could have avoided undergoing surgery and regained his complete and normal wrist function. W made an offer to settle in the sum of 15,000 pounds. The amount awarded to the Claimant was reduced to 9,000 pounds after further negotiation. 1. Johns v Greater Glasgow Health Board (1990) SLT 459. 2. W v Ministry of Defence (2009) MLC 1652 In B v Norfolk & Norwich University Hospital3, the Claimant, a male nurse aged 29 years, had attended the Norfolk & Norwich University Hospital NHS Trust after falling off his bike in July 2004. His left fractured scaphoid bone wad missed and a non-united scaphoid fracture with humpback deformity and associated ligament damage had occurred. The Claimant thus made a Part 36 Offer for the sum of 14,000 pounds that was agreed with the Defendants in March 2006. In N v Pontypridd & Rhona NHS Trust4, the Claimant injured his right wrist in a fall whilst ice-skating on March 14, 1998. He attended the Hospital’s Accident and Emergency Department and was noted as having a tender scaphoid. An X-Ray of the wrist was taken which was interpreted as disclosing no fracture. Nonetheless the wrist was set in plaster of Paris and the Claimant released. On March 19, 1998, the Claimant re-attended the Hospital’s Accident and Emergency Department still in pain. The cast was removed; no X-Ray was repeated. The Claimant was given tubi-grip dressing and told to exercise the wrist. On April 29, 1998, the Claimant attended a different Hospital complaining pain and swelling over scaphoid region. X-Ray showed a fracture of scaphoid bone in his right dominant hand. On May 29, 1998, the fracture showed sign of delayed union. As a result, a settlement of total damage of 12,500 pounds; general damage of 8,000 pounds, and special damage for income loss and care of 4,500 pounds were awarded. In P v United Bristol Healthcare NHS Trust5, the Claimant was involved in a fracas at nightclub in Bristol and arrested for punching security camera. The Claimant attended Accident and Emergency Department at the Bristol Royal Infirmary on 27 May 2000 and he experienced problems relating to his right wrist. The SHO treated the injury as being a sprain and no X-Ray was taken. The Claimant’s GP then identified tenderness in anatomical snuffbox. An X-Ray confirmed fracture through scaphoid being missed by Accident and Emergency Department. The Claim was finally settled for 40,000 pounds with causation proved. 3. B v Norfolk & Norwich University Hospital (2006) MLC 1350 4. N v Pontypridd & Rhona NHS Trust (2003) MLC 1031 5. P v United Bristol Healthcare NHS Trust (2004) MLC 1159 QBD Settlement Where a Claimant has received State Benefits as a result of a disease and is subsequently awarded compensation, the Department for Work and Pension (DWP) will seek to recover these benefits from the Defendant via a system operated by the Compensation Recover Unit (CRU). The CRU is also responsible for collecting from a Defendant the cost of any NHS treatment that a Claimant has received following a clinical negligence. Notifying the DWP: Section 4 of the 1997 Act requires the compensator to inform the DWP not later than 14 days after receiving the Claim. The Notification should be made on Form CR1 which is sent to the DWP. On receipt of Form CRU1, the CRU will send Form CRU4 to the Defendant. The Claim then progresses to the settlement stage. When ready to make an offer of compensator, the compensator submits form CRU4 to obtain a Certificate. The CRU acknowledges receipt of form CRU4 within 14 days. The CRU sends the Certificate to the compensator- a copy will also be sent to the Claimant’s solicitor. The compensator will then settle the compensation claim and pay the relevant amount to the DWP within 14 days of the settlement. The compensator will also complete and send to the DWP Form CRU102 detailing the outcome of the Claim. The rules relating to recovery of benefit apply to clinical negligence claims. Due to their complexity, especially relating to causation, the CRU has set up a specialist group to deal with the claims, and makes a special request their compensators inform the CRU about clinical negligence claims as soon as the pre-action correspondence is received. Part 36 Offer: A party who wishes to make a Part 36 Offer must first apply for a Certificate of Recoverable Benefit from the CRU. Although Part 36 does not spell it out , guidance from case law suggests that the offer should therefore particularize the various heads of damage, and indicate the amount of benefits to be deducted against each head. Mediation: The parties should consider whether some form of Alternative Dispute Resolution Procedure would be more suitable than litigation, and if so, endeavour to agree which form to adopt. Both the Claimant and Defendant may be required by the Court to provide evidence that alternative means of resolving their dispute were considered. The Courts take the view that litigation should be a last resort, and that claims should not be issued prematurely when a settlement is still actively being explored. Parties are warned that if the protocol is not followed, then the Court must have regard to such conduct when determining costs. Mediation is one option for resolving disputes without litigation: it is a form of facilitated negotiation assisted by an independent neutral party. The Clinical Disputes Forum has published a guide to mediation which will assist, available at www. clinicaldisputesforum. org. uk The Legal Services Commission has published a booklet on â€Å"Alternatives to Courts†, CLS Direct Information Leaflets 23, which lists a number of organizations that provide ADR services. It is expressly recognized that no party can or should be forced to mediate or enter into any form of ADR. (Total: 3000 words) Bibliography: 1. Lewis: Clinical Negligence: A Practical Guide, 6th edition, Tottel Publishing. . Khan M, Robson M, Clinical Negligence, 2nd edition, Cavendish Publishing. 3. Powers and Harris: Clinical Negligence, 3rd edition, Butterworths. 4. Woolf S (1995) Access to Justice – Interim Report HMSO. 5. Woolf S (1996) Access to Justice – Final Report HMSO. 6. (1999) The Civil Procedure Rules HMSO. 7. â€Å"Making Amends†, at www. dh. gov. uk 8. †NHS Redress Bill† at www. publications. parliment. uk 9. Civil Litigation Handbook by Woolf, Lord Justice; Burn, Suzanne; Peysner John (2001), The Law Society. 10. A. A. S. Zuckerman, Ross Cranston (1995), Reform of Civil Procedure- Essays on â€Å"Access to justice†, Oxford University Press. 11. The Judicial Studies Board, Guidelines for the Assessment of General Damages in Personal Injury Cases, 9th edition, Oxford University Press. 12. Personal Injury & Clinical Negligence: Tough Conditions – The Lawyer 10/10/05, www. lexisnexis. com 13. Opinion: Edwina Rawson: The Lawyer 26/09/05, www. lexisnexis. com 14. Butterworths: â€Å"Risk Assessment in Litigation: Conditional Fee Agreements, Insurance and Funding†, David Chalk 15. The Law Society: â€Å"Conditional Fees: A survival Guide†, Napier and Bawdon 16. The Law Society: â€Å"Civil Litigation Handbook†, Peysner. 17. â€Å"Mediating Clinical Negligence Claims†, Roger Wicks, www. medneg. com articles 18. â€Å"Guide to Mediation†, www. clinical-disputes-forum. org. uk 19. â€Å"Guide to Mediating Clinical Negligence Claims†, www. clinical-disputes-forum. org. uk 20. Kemp and Kemp The Quantum of Damages, Sweet and Maxwell. 21. Medical Litigation Online, www. medneg. com 22. AvMA Medical and Legal Journal 23. â€Å"General Damages – the NHS Case†, Philip Havers Q. C. and Mary O’Rourke, Quantum, Sweet & Maxwell (2000) 24. Practice Direction at www. justice. gov. uk 25. NHSLA website www. nhsla. com 26. Civil Procedure Rules at www. justice. gov. uk 27. Pre-action Protocol for the Resolution of Clinical Disputes and Practice Direction – Protocols, www. justice. gov. uk 28. â€Å"Guidelines on Experts’ Discussions in the Context of Clinical Disputes†, Clinical Risk (2000) 6, 149-152 29. The â€Å"Draft Guidelines On Experts’ Discussions in the Context of Clinical Disputes† (published by the Clinical Disputes Forum) 30. Part 36 and its Practice Direction, www. justice. gov. uk. 31. The NHS Redress Act 2006 can be found online at www. legislation. gov. uk/ukpga/2006/44 32. Johns vs Greater Glasgow Health Board, (1990) SLT 459, www. medneg. com 33. W v Ministry of Defence, (2009) MLC 1652, www. medneg. com 34. B v Norfolk & Norwich University Hospital (2006) MLC 1350, www. medneg. com 35. N v Pontypridd & Rhona NHS Trust (2003) MLC 1031, www. medneg. com 36. P v United Bristol Healthcare NHS Trust (2004) MLC 1159 QBD, www. medneg. com

Wednesday, November 6, 2019

Public Health Law, Please Not Exceed 300 Words Example

Public Health Law, Please Not Exceed 300 Words Example Public Health Law, Please Not Exceed 300 Words – Essay Example No matter what, a motorist is supposed to stop at a stop sign. In the given scenario above, it can be seen that drivers do not only need to stop whenthere are cameras or law enforcement agents at a stop sign. As the name suggests, it should be a habit for the driver to stop when he approaches a stop sign. Exercising caution when driving on a public road is always recommended since this helps the driver to ensure his safety as well as other road users. Another important thing to take into account is the fact that a road sign is law in itself. It may not be possible to have law enforcement agents at every corner of the road so the traffic signs would play the same role. Failure to stop at a stop sign is tantamount to breaking the law. In actual fact, the law say you must stop when you approach a stop sign. The law does not say you may or otherwise so the driver must stop even if the road is clear. Misjudgement is often common where some motorists often view the road ahead of them as cl ear such that they are tempted not to stop at a stop sign. Fatal accidents are often recorded as a result of this kind of behaviour. In most cases, vehicles travelling on highways may be driving at excessive speeds such that there may fail to break to avoid colliding with other cars filtering from feeder roads. A car on the highway has right of way and it may collide with those coming from the sides if the drivers fail to observe the sign. Assumptions and misjudgements on public roads are dangerous since they pose a threat to the safety of the other road users. Thus, where there is a stop sign, the driver must stop.

Monday, November 4, 2019

Implementation of Enterprise Architecture Research Paper

Implementation of Enterprise Architecture - Research Paper Example In addition, business architecture acts as a foundation for the organization in aspects relating to missions and vision of the organization. Furthermore, business architecture allows the top-level management to make future decisions about the organization and allow them to communicate changes that follow those decisions across the organization. In order to achieve its purpose, the business architecture has significant aspects, which include information, processes, functionality, and organizational roles. According to Murer, Bonai & Furrer (2010), information involves the core details and systems, which provide store and process critical business information. All this information is arranged in a model that allows all this details to be implemented easily. Business functions are provided through the use of applications. The business functions are normally linked to the information model to be able to analyze any gaps or misalignments that may be present in the application. In addition , by linking the business functionality to the information architecture, a clear description of what information are used for particular purposes are known. The business process involves clear and flexible workflows that allow frequent process to be identified in multiple processes. Well-designed operational processes will allow efficient capturing and processing of data. To ensure that operation of processes is efficient, different roles are assigned to various organizational structures, which result to critical decisions being put in to action. Enterprise Application Architecture According to Murer, Bonai and Furrer (2010), use of various functionalities in application architecture forms an application landscape, which can be used to provide definite business purposes. In addition, for the application architecture to accomplish its purpose certain software parts need to be combined to sustain the business process. The software component will include data structures, programs, conf igurations and related documentation. The application landscape will have domains, which contain information related to the business. That is business functions and entities. A large application landscape may necessitate the use of several domains and sub-domains to allow efficient management. Murer et.al (2010) note that application domains should be chosen in such a way that applications in the same domain could be linked to one another than when in different domains. This endures that quality is not compromised. In addition, the choice of a domain model needs to be carefully selected taking into account the processes and products being incorporated into the domain. Furthermore, closely linked applications in the same domain will have a crucial influence on the use of the application landscape. The domain will assist in breaking down the data used in the application landscape in to minor easily manageable components. Modeling approach will entail preparation of a catalog of functi ons and data both on an appropriate level (Murer et.al, 2010). This will be followed by assigning each function and data to the suited sub domain. In addition, certain regulations will be used to assign data to the sub domains. These include cohesion, which is the measure of how the functionality and data are related, and how the components inside the sub domain work. Further, low coupling will ensure less dependency between the sub domains, whereas a

Saturday, November 2, 2019

Reimbursement and Pay-for-performance paper Essay

Reimbursement and Pay-for-performance paper - Essay Example This information is provided by physicians, medical groups or even hospitals since they are in constant touch with the clients of these health insurance and some of them are also clients. The compensation depending on the agreed terms may be in form of elimination of payments and other non-financial incentives (Greenwald, 2010). Reimbursement works on a fee-for-service initiative where the physicians are paid according to the services they offer and not the quality of those services. Since this is not the original pay for the physician but rather a reimbursement, the number of needed services may not be provided (especially if there is no reimbursement or it is not much). This has in turn led to undersupply of the needed services by the clients when compared to the pay-for-performance approach. The pay-for-performance approach requires evidence of the services offered which should be quality services before any incentive of compensation is made (which may be financial or not). This new approach has overridden the reimbursement approach and is seen to be more client-concerned than the earlier approach. The physicians also have no alternative but to work towards providing the quality services that they were not concerned about earlier. Even though the reimbursement approach is not being faced-away by the pay-for-performance approach, those who are paying are allowed to choose between the two approaches and most are going for the latter considering its advantages over the former approach. This therefore means that the reimbursement approach is slowly but surely failing and becoming out of touch. The new pay-for-performance approach is also seen as a way to correct the distortions incentives that have and are continuing to be made by the reimbursement approach. This is because the reimbursement approach pays physicians double for the services they render which are even not of quality at times. The newer approach is