I Never Promised You A Rose Garden :: essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  I Never Promised You a Rose Garden by Hannah Greene I Never Promised You a Rose Garden takes place in the late 1940s. The main setting is in a mental hospital just outside Chicago. But it also goes back and forth between the hospital and the main character’s home in Chicago. This book is about a girl named Deborah who is diagnosed with schizophrenia. She is sent to a mental hospital after trying to commit suicide. Deborah lives in her own world of Yri and has lost touch with reality. In fact, she wants no part of the real world. During her life she feels that she has been deceived in so many ways and has become cynical. She has no friends except for the secret Gods and Goddesses she makes up in her head. In the beginning of the book Dr. Fried is introduced. She is a doctor that is going over Deborah’s papers and speaking about how she may succeed in making Deborah better. This foreshadows how important she will be in Deborah’s life. Also how influential she will be to Deborah strengthening her health situation.   Ã‚  Ã‚  Ã‚  Ã‚   After cutting her arms, Deborah is moved to the Disturbed Ward or â€Å"D† ward. There she finds many interesting people. She continues to open up to Dr. Fried and tells her more and more about Yri. This in turn makes the Gods of Yri upset and makes Deborah go into these spells where she become unresponsive. The Gods also criticize her and put her down which makes her do things such as burn holes in the arms with cigarette butts. Dr. Fried finally gets to Deborah by telling her that she shouldn’t quit trying to get healthy and really gets to her. After that Deborah begins to realize how important living is and she begins to let in the real world. She finally is moved back to a B ward and is allowed off the grounds. She stops letting the Gods rule her and goes back to school to get her life back together. Deborah’s conflict in this book is an internal conflict. Its whether to let the world in and live in reality or to continue living in the self hating, but comfortable life she’s made up inside her head. Deborah would like to be live in the real world, but she somehow doesn’t feel she fits in and that her world Yri is above the real world. She however does eventually choose the real world with the help of her hospital friends and Dr.

Freud’s Psychoanalysis in Art: Frida Kahlo’s Surrealism

One of the most influential social scientists of his time, Sigmund Freud and his theories on psychoanalysis remains relevant today in the study of human personality and the influence of the subconscious on human thinking and behavior.Freud’s ideas on the significance of dreams, which was seen by him as the expression of human being’s innermost desire, were in fact borrowed by artists ascribing to surrealism who sought to imprint the subconscious. Surrealist paintings are thus characterized with the use of symbols and often have a dreamlike quality to them, where cannot always be taken at face value or by literal translation.It is no wonder then that Freud’s ideas have been widely used in the interpretation of works of art or even of character sketches. Freud’s theory on how personalities are developed which revolves around the main ideas of id, ego, and superego, have, for instance, been used to explain how sex and libido may be transformed into other form s of energies, or how particularly traumatic life events may have a negative effect on both adults and children when not properly processed.Likewise, Freud’s ideas of sexual repression and displacement were influential in the growth and development of the surrealist school, which drew on the rich imagery of one’s dreams, wishes, and fantasies to create their art. (West 185)One of the most notable surrealist painters, Frida Kahlo, has been a classic example of an artist whose works could be interpreted using Freudian concepts and ideas. Kahlo’s tumultuous life, characterized by wild sexual affairs with both male and female lovers, a devastating divorce, and her inability to conceive children due to a series of back operations were mostly found in the bulk of her work which were fraught with symbolisms. (West 185)In her painting entitled Self Portrait with a Necklace, Kahlo painted herself wearing a necklace of thorns and a dangling humming bird, which alludes to her suffering from divorce (as symbolized by the thorns) and to her quest for new love (as shown by the humming bird which is a traditional Mexican love amulet). (Erickson, 2005). In these self portraits,Kahlo’s entire life was depicted in her paintings. She drew her own birth, for instance, and many other events including those connected with her pain and frustration. (Levine 273) Her husband Diego Rivera was also depicted in many of her paintings in different ways: in Frida and Diego Rivera (1931) which is supposed to be a painting of their marriage, she paints him as a father-figure and herself as his daughter, which is reminiscent of Freud’s Electra complex and reveals Kahlo’s insecurity at her own husband’s authority.In another painting Retablo (1943), she captures the scene of the accident that left her under intense pain for most of her life (Kahlo and Kettenman 32) which she later depicts in Broken Column (1944) that â€Å"graphically expresses h er physical agony.† (West 184)Psychoanalysis therefore plays an important role in understanding and unlocking many surrealist artwork. In Kahlo’s case, the artist has rendered her own physical suffering in the metaphoric sense, mostly through the use of portraiture, to something that is haunting and beautiful, and one which outlasts even the pain and suffering of Kahlo’s troubled soul.Works Cited:Erickson, R. (2005). Freudian thought and the surrealist world. Downloaded from Associated Content, The People’s Media Company on March 16, 2007 Kahlo, F. & A. Kettenman. (2000). Frida Kahlo 1907-1954: Pain and Passion. Taschen.Levine, M. P. (2000). Analytic Freud: Philosophy and Psychoanalysis. United Kingdom: Routledge.West, S. (2004). Portraiture. United Kingdom: Oxford University Press.   

The Importance of Cultural Diversity in the Classroom

Schools are the topographic points where the kids shape their personalities and behaviour. Like a kid who shapes his or her personal mentality, even the school will be shaped by diverse cultural patterns and values of the society. In kernel, schools besides reflect the bing norms of the society for which they set up. Interrelated and closely bonded beliefs and values are really common the civilization of the schooling. In this chapter, an effort was made to associate the basic political orientation that underlines the civilization in the US with many nucleus values and beliefs. In add-on, a nexus was made to associate the basic political orientation as a agency of unwraping the deeper significance of civilization. Child raising is a really meaningful attack that one can utilize to uncover the deeper significance of the civilization. Rearing kids in a schoolroom has a strong nexus with the implicit in civilization of diverse cultural groups. Several writers in the yesteryear have tried to explicate what childrearing is, particularly in the context of bing cultural patterns. Almost all writers believe that childrearing is a mirror of different cultural political orientations along with patterns and values of different civilizations. Ogbu ( Ogbu, 1981 ) believes that parents prepare their kids for the society and the universe as they know and see it. Society can easy act upon and determine our schools. The nucleus values and patterns of the society are some of the critical factors that shape our schools. Educators, pupils and parents may ne'er understand the deeper significance of civilization within the atmosphere of school acquisition. Traditional definitions of civilization given by celebrated anthropologists may non be sufficient for planing and put to deathing school larning experiences that are so common in culturally different scenes. In this subdivision, we will handle objectifying civilization as the basic measure in the procedure of planing and building a simple and feasible definition of civilization. This simple working definition will assist us streamline be aftering school larning experiences among different people.What is exteriorizing civilization?A simple depersonalisation procedure that helps us in carry oning critical scrutiny of the political orientations that support accepted and acknowledged societal behaviour and cultural patterns. Political orientations and beliefs can reflect different facets of deep significance of civilization. Schools are the acquisition c entres that besides reflect the cultural norms of a larger sized society. Deeper significance of the civilization can besides be revealed through inspecting and measuring political orientations and any interrelated beliefs and values. One can besides uncover the deep significance of civilization by including communicating among parents, instructors and pupils, and different societal interaction forms, every bit good as childrearing methods and patterns.The Culture of Practice in a Fighting SchoolEvery instructor is different. Each one of them has ain ideological stance and apprehension of civilization. In fact, these two point of views shape how they see school course of study, larning procedure, teaching method and societal context that allow larning in school. In nutshell, the manner and mode in which a instructor understands the civilization influences in the school, will finally act upon his or her ability to supply meaningful and productive acquisition experiences to the pupils . This chapter will supply two chief benefits: It provides you a solid basis to grok cultural diverseness in a schoolroom ; It besides helps you larn how to learn traditionally underserved pupils, who come from diverse and experiential backgrounds. Hollins ( Hollins, 2006 ) reported about an attack, which was identified as a structured duologue, playing an of import tool to help change over the civilization of pattern followed in a low acting school. In such schools, instructors besides learned how to learn traditionally underserved urban pupils. The first portion of this chapter presents you the survey as reported by Hollins. On the other manus, the 2nd subdivision of this chapter deals with the things that instructors learned in their schoolroom, in the signifier of a construction that is planned at unwraping the deeper significance of civilization within the atmosphere of a school. The most critical constituents of this model are: Culturally mediated knowledge and Culturally mediated direction The chief end of this dedicated treatment is to convey an consciousness of the civilization of pattern in really low executing urban schools. This expertness will authorise you to measure your ain advancement as a dedicated schoolroom instructor and shun possible scenarios where you will be introduced unconsciously to the prevailing pattern of civilization.What is a structured duologue?It is an intricate procedure of acquisition, where all instructors come together in a survey group styled format, to discourse and larn more about their schoolroom duologues. In the procedure of carry oning a series of duologues, instructors can depict the unique successes and particular challenges they encounter in their schoolrooms along with groundss and testimonies from each of the take parting instructor. The most important benefit of a structured duologue procedure is the instructor ‘s ability to larn from other on different methods that can assist in bettering schoolroom patterns and pupil larning results.Identifying a Developmental TrajectoryHollins ( Hollins, 2006 ) besides worked on developing a developmental flight for alterations in the civilization of patterns in many of the underperforming urban schools. This flight involved three places and three markers. The places were: A Natal or initial civilization identified in many of the underperforming schools merely at the induction of the survey. A transitional place, when old patterns and values were replaced or changed with new 1s by the participating instructors A transformed civilization, where all take parting instructors adapted new and fresh values, patterns and perceptual experiences On the other manus, three of import markers suggested for alterations in the instructor ‘s civilization of patterns are: Teachers ‘ perceived perceptual experiences and sentiments about pupils, Teachers ‘ perceived perceptual experiences and sentiments about direction and Interrelationship among different instructorsLearning more about different placesThe natal place is a simple, yet effectual attack to structured duologue. The instructors of a school articulation as a group, in low acting schools, to keep a shortage point of view of their pupils to concentrate on a figure of issues like: Lack of accomplishments, cognition and information among pupils A sensed negative position of a pupil ‘s conditions of life An attitude that parents demo disinterest in their kids ‘s instruction In fact, every schoolroom is bound to take to differences in larning results. These differences could be due to a figure of grounds like: Student ‘s attempt and dedication towards surveies, Intelligence, accomplishments and perceived smarting Family ‘s societal position in the society In a natal place, instructors may or may non see each other ‘s schoolroom or they may or may non speak to each other sing their instruction methods. In fact, schoolroom direction delivered by instructors was private and confidential. School governments ensured that new instructor inductees were officially socialized into this new civilization. Following, will be the transitional place. During this place, instructors may ne'er speak negative about a pupil. However, it is rather hard to recognize similar results with all the instructional attacks used by the instructors. This issue resulted in a serious treatment about the bing relationship between the learning attack and the student-learning result. Dialogues about single instruction patterns veered towards personal, although single instructors were careful about presuming duty for larning result among pupils. Senior instructors started giving better attending to the initiation of new instructors by puting up informal and personal mentoring Sessionss. These Sessionss ever included proviso of counsel and aid about learning methods and attacks. On the other manus, transformational place is the last place that emerges during the 3rd twelvemonth of the survey. The positive facet of this place was that instructors ever talked positive about their pupils. In fact, positive result was the most important benefit of this place. With the induction of this place, instructors talked more about: The information pupils know and understand What should they cognize more about What instructional methods appeal them the most Teachers besides found clip to discourse many other issues like: The bing relationship among learning methods and attacks Properties of the pupil community Learning results and consequences Teachers become more antiphonal by taking full duties for their pupil ‘s acquisition results. Teachers besides start speaking more about their pupils ‘ strengths, failings and other related issues. In fact, everyone in the pubic knew about what pupils are making and how they are executing. Teachers took each other ‘s suggestions earnestly, visited other ‘s schoolrooms and subsequently assumed full duty for their ain schoolroom actions. All senior instructors started taking extra duties about the new inductee instructors. Hollins ( Hollins, 2006 ) presented the construct of developmental flight that is closely related to the typology topic discussed in Chapter I. The flight and typology discussed here gives you three of import places with associating classs of indexs for gestating learning methods. When you compare places and indexs in the typology highlighted erstwhile in the first chapter of the book, with those of Hollins ‘ , many similarities may be between the indexs, across many places in the typology and the flight. For illustration, You can detect that the Type I instructors mentioned in the typology are about similar to the instructors that were mentioned in the natal place, particularly in the flight on indexs for instructors ‘ point of view on pupils and direction. On the other manus, many indexs in the transformational place lying on the developmental flight and in the Type III in the sphere of typology indicate towards the application of a instructor ‘s cognition and consciousness about: The intricate relationship between many pupil properties and experiences Instructional and learning patterns adapted by the instructor Learning result as a meaningful support for learning that is productive and consequence oriented. As mentioned elsewhere in the book, a structured duologue is an efficient tool for helping the complete transmutation of a community of learning pattern and patterns of single instructors. If you are a get downing instructor, who is merely get downing to interact with your pupils, you can utilize this tool to better your learning methods and patterns. The typology and the flight are really good to instructors, old or new, in many different ways. The term typology is descriptive ; it tries to explicate the perceptual place, and response of instructors who are hired to learn in K-12 schools. It is a really convenient tool for analysis, rating and self-contemplation for planned personal growing. On the other manus, developmental flight means the transmutation of the pattern of civilization in an underperforming school with that of a acquisition community that focuses on heightening pupil larning results. Tip: When you recognize different indexs of place in a civilization of pattern followed in a school, you can easy understand how to interact and discourse with co-workers and in what mode you can supervise and measure your ain single growing after take parting in a community of pattern. Both flight and typology are really good to instructors in many ways. However, the typology theoretical account presented before in the first chapter, merely detected the basic features of instructor ‘s perceptual experience and patterns along the lines of three places, and it did non supply a construction for groking the bing relationship between different civilization and school patterns. Hence, the balance portion of this chapter will supply a platform for understanding the bing association between scholar ‘s cultural backgrounds, schoolroom acquisition manner and larning results.Cultural Diversity in a ClassroomThis class model will supply you a theoretical position for culling cognition base from other chapters and clarify the construction to help application to pattern. The chief constructs embedded in the model will give a broader significance for turn uping self-identity within the scopes of a culturally diverse society for Making an enquiry into pupils cultural and experiential background, Undoing sensitive elements from purposeful larning for pupils who from diverse communities and survey in simple and secondary schools The other aim of this chapter is to do clear the bing relationship between civilization, knowledge, pedagogical patterns and many larning results. The implicit in construction for groking cultural diverseness in a typical schoolroom consists of two major parts, viz. : Culturally intervened knowledge and Culturally intervened direction The former refers to the mode in which a pupil ‘s encephalon, memory constructions and critical rational procedures enhance, support and develop within a given cultural context. On the other manus, the latter includes a figure of of import constituents like culturally intervened knowledge and prized cognition and accomplishments in school course of study and culturally right societal scenarios for larning experience ( see Table 7.2 ) . Bransford, Brown, and Cocking ( 1999 ) pointed out that, â€Å" all acquisition involves transfer from old experiences † ( p. 56 ) . The monumental work of Piaget and Vygptsky provides a theoretical land for understanding cultural diverseness in a schoolroom. This theory draws on available information processing to explicate different structural constituents among different civilizations, knowledge, and teaching method and learning experience for different cultural backgrounds. Note that you can happen structural constituents among the take parting persons and groups, who are analyzing under different school scenes. On the other manus, civilization is alone and dynamic with changeless alterations and alterations.Journal ActivityHow make you manage a culturally diverse schoolroom? Explain how you want to learn and develop your kids, particularly in the context of bing cultural patterns. Explain how you will develop an ability to supply meaningful and productive acquisition experiences to the pupils, who are analyzing in a culturally fighting school. Differentiate between culturally mediated knowledge and culturally mediated direction. Explain your program of action to do structural duologue a success.Pause and ReflectAs a instructor, why do believe that a structured duologue is an efficient tool for helping the complete transmutation of a community of learning pattern and patterns of single instructors. Supply grounds for your statement. What are the possibl e constrictions and possible jobs that are likely to harvest up, when you are utilizing structured duologues? Think of some schemes and programs to utilize different perceptual experiences.

Consent to medical treatment medical law Essay

Consent to medical treatment, medical law Introduction   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Medical treatment and law are interrelated, the relationship between the two resulted to medical law which is of greater help for millions of people in the whole world. Medical law varies in different countries. They all serve the same purpose of protecting the interest of patients during the time of medication process. Medical law covers different areas of medication and it contains different sub-laws that define different areas of medication. The issue of consent is one of the critical issues that are addressed by this medical law. This is because there have been many cases where patients have been subjected to medical treatment without their will. Medical law gives patients the right to make decisions of their will without any influence but under certain conditions like capacity of the patient to make decisions. The torts of negligence and battery are also common issues that are addressed under medical law. The two torts register the hi ghest number of cases in courts because they are commonly violated by the medical practitioners. The objective of the paper is to critically analyze the concept of consent, tort of battery and tort of negligence. The analysis will be supported by different case laws under each concept.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Consent is a situation where a patient is given the right to decides what should be done to his or her body. If a medical practitioner touches the patient without this concept, the act is referred to be unlawful. A medical practitioner is said to act lawfully when touching a patient under the following circumstances, but it is good to note that each circumstance depends on the category of the patient. The major categories of patients are; adults who are competence, adults who are incompetence, young people of below 16 years old and patients who require urgent care. For the case of competence adults the medical practitioner must get the concept of the patient before subjecting him or her to medical treatment. The consent should be from the person but not any person because the law views a competence adult as a person who can make right decisions. If the physician touches the patient without his or her concept, the act is completely unlawful .   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In the category of incompetent adult, the medical law defines that the person cannot make right wise decision and thus the physician should not comply with the person’s consent. However, this does not mean that the physician has the right to subject the person to medication. The physician should get the concept of the court of law or close family member of the person and in this case, the physician can touch the person lawfully. The category of Children of below 16 years old can be well explained using the Gillick vs. West Norfolk health facility. In this particular case, the West Norfolk was changed in the court of law because of subjecting girls of below 16 years old to contraceptive treatment without the concept of their parents. This indicates that a medical practitioner should not touch a child of below 16 years without parental or legal consent and thus it is lawful for a medical practitioner to touch a child under the consent of parents. In the category of emergence cases where urgent treatment is required, the physician should first use all the means possible in order to get the patients consent. However, the physician can subject medication to a patient without consent and it becomes lawful under the following situations which are highlighted in the medical law act. If the patient is disabled in search a way that he or she cannot be able to communicate, if there is a language barrier between the patient and the medical practitioner, if the delay would cause dangerous complications to the patient, if all possible ways of getting the patients consent has been exhausted and if there is a good reason that the patient cannot refuse the treatment. The above reasons give the physician the right to touch a patient lawfully.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   There many instances where the medical practitioner acts against the consent of the patient. The medical practitioner commits a tort of negligence. This is a very dangerous tort because it has left many people dead and others disabled, it is mostly caused by lack of proper concentration and seriousness of physicians in their medical operations. There are many cases where the physicians have been sued because of acting against or without the consent of the patient. A good example is the Alexander Baez vs. Sylvester. Alexander was a body builder and he decided to go to a medical practitioner for Pec implants the doctor by operated him implanted him with breast implants instead of pec implants. This is just a representation of millions of cases that involves tort of negligence.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The issue of consent is very critical; this is because the medical practitioner is usually reliable for touching a patient without consent and also treating a patient with consent which is not well informed. The main issues lies on to what extent should the medical practitioner advice the patient when coming up with the consent. Two cases can be of greater help in the process of analyzing this issue.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The first case is the case between Sidaway vs. Bethlem. Sidaway was a patient where she had gone for a surgery in order to remove a trapped nerve. Bethlem was the one who handled the patient. After surgery, the patient paralyzed and he sued the doctor because of negligence. He claimed that the doctor had not disclosed the negative effects of the surgery and thus it was a form of negligence.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The second case is between Chester vs. Afsher. Where Chester was a journalist and she had a problem of back pain and one of her medical practitioner advised her for a surgery. Chester decided to visit Afsher as a private patient and she requested for a spinal surgery. The surgery caused nerves damage and she became paralyzed. As a result of that, she sued the doctor for negligence because she claimed that the doctor had not disclosed all the information about the negative of the surgery.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The two cases were addressed in different ways though they look the same, the judge in the Sidaway case sided with the doctor’s side while in the majority in the Chester case sided with the patient side. The two cases were under the English law that states that the patient must be provided with all information whether positive or negative about the medical operation for the purpose of making balanced decision. In both cases, the patients complained that they had not been well informed about the possible consequences. The first case judgment was against the English law because the doctor had not provided with all the information. In the second case, I strongly agree with the majority in that case who supported Chester. This is because failure to provide the necessary information to the patient is a form of negligence and thus the doctor went against the law.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Self-determination of patients influences the consent making process in a greater way. In the Sidaway case, lord Scarman endorsed therapeutic privileges. This has massive effects to the patients because it raises the self-determination of the patient. If patient’s self-determination is triggered there is a possibility that the patient would make decisions out of excitement. This has resulted to a lot of cases of negligence which are indeed out of patient’s high hopes in making their consents. That is the reason why the medical practitioners should provide the both sides of information in order to give the patient a chance to make balanced decision which are not out of excitement or any influence. This would reduce many cases of negligence which affects both parties depending on the jury addressing the issue. There is no danger of informing the patient about all the information concerning the operation regardless of how simple it is because it is not easy to know the information that will have an impact in the decision making process of the patient.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Operation to correct sticking years is an operation that is carried out by medical practitioners in for prestige because stick ears have no health complications. Many parents prefer to take their children’s for this operation while they are still young. However, anything that might happen to the child during the operation is justified and the medical practitioner cannot be responsible of anything.This is because the consent of parent is enough to legalize the child operation. However, there are some circumstances that can prevent this justification. The medical operator should provide all the necessary information about the operation and failure to do so can result to lack of justification. Beauchamp vs. Childress case is a good explanation for this point because the case addressed the issue where Childress organization sued parents and physician who operated a child and the child developed problems. The jury ruled in favor of paren ts and physicians because the stick year operation was done in consent of parents.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The issue of circumcision is related to the above case but it takes different angles, this is because there is child circumcision and adult circumcision. In the case of child circumcision, the consent must be from the parent and they have the legal right to make the decision. In this case, the circumcision process is justified and thus the doctor has no blame if there is proper application of skills.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The situation can be unjustified if the medical operator shows any kind of unprofessionalism or if the child experiences complications which are as a result of physician’s era. There is a difference between the law of circumcision in males and females. The male law on circumcision is not well established because male circumcision is viewed as a normal process. The male law of circumcision states that parents of a child have the right to circumcise their male child or not. It is good to note that this law does not tackle the issue of circumcision based on cultural or religious believes. When it comes to female circumcision, the law does not support it in any way. It is illegal to operate a female whether in her consent or in the consent of another person. The law prohibits parents form influencing their children for circumcision in any way. The law also prohibits the gentle mutilation whether with the consent of the child or with the consent of the parent. The law further elaborates this issue the tort of battery, the law explains that a medical practitioner should not in any case use any means to persuade a female for genital mutilation. Male circumcision should not be made illegal because it is performed under the consent of parents and also it does not have dangerous complications. Mental capacity Act 2005 section one two contains detailed guidelines on how best interest of a person who lack capacity should be determined. When a person has no capacity to make decision, the best interest of the person is determined. A person can be disabled in a way he or she cannot be in a position of making any decision or there can be a language barrier between the patient and the physician and that is where the concept of best interest is applied.That Act states that the best interest of the person should not be determined according to the age or physical appearance of the person. Best interest of incapacitated patient sh ould be determined by, consultation of any person who is to the patient, any personal interest that might have been written or said by the patient when he or she was in full capacity and the decision of the attorney. The Act further elaborates that all process that should make the patient to give the consent should be exhausted before deciding the best interest of the person. Lastly, the beliefs if any of the person should be used to determine the best interest of the person because the act argues that the beliefs influence the decision of a person in a greater way.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Least restrictive alternative principle mean is applied when determining the best interest for an incapacitated patient. The principle states that when applying the best interest, the less intrusive option should be considered. This means that some options that are suggested as best interest are not the same, there are some which are more convenient to the person and they should be given the first priority. In case of unconscious person in a surgery table and the doctors operating the person notices that they would have an additional operation that they had not explained to me, the following is the best suggested for them that they can proceed with. Since the person is unconscious which means have no capacity of giving his or her views, the best interest evaluation process should be carried out. The doctor should consult the relatives of the person concerning the issue if any. They should also assess the previous agreements in order see wh ether there was any document that the patient had written that could be of any help. The principle of the least restrictive alternative should be taken. The best option should be continuation of the process because it would of benefit to the patient and it would be the only chance for the survival of the person. Conclusion   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In conclusion, it is the right of every patient to give consent before any operation is undertaken although this seems to depend on the condition of the patient at that respective time. This would be for the benefit of both the physician and the patient. Based on the above case study and the English law, physicians are at risk of being sued upon failure of notifying the patient on the side effects of the operations. Many doctors prefer getting information from both the patient and the relatives to ensure balanced decision making that is not as a result of influence. The tort of negligence is also posed to be dangerous because it may lead to disablement or death of a patient if the doctor is careless. Both torts, the tort of negligence and battery are said to be the most violated by physicians References Beauchamp and Childress. The Principles of biomedical ethics, (1979) P. 3 Sidaway v. Bethlem Royal Hospital (All Engl Law Rep. Feb 23;[1984] 1:1018-36, 1984) p.45 Gillick v West Norfolk and Wisbech Area Health Authority. 1984 (All Engl Law Rep. 1984 Nov 19-Dec 20 (date of decision);1985(1):533-591., 1984) p.120 General Medical Council (UK). Ethical guidance: Confidentiality. October 2009. http://www.gmc-uk.org/guidance/ethical_guidance/confidentiality.aspBeauchamp TL, Childress JF. (2001). Principles of biomedical ethics, 5th edn. (Oxford: Oxford University Press) p. 209 http://www.hpa.org.uk/Topics/InfectiousDiseases/InfectionsAZ/NotificationsOfInfectiousDiseases/ListOfNotifiableDiseases/W v. Egdell. All Eng Law Rep. (1989 Nov 9;[1990] 1:835) p.53. Her Majesty’s Stationery Office (UK). (The Data Protection Act (1998). 1998) p.332 General Medical Council (UK). Confidentiality: Protecting and Providing Information. September 2000) p. 64 JACKSON, E. (Medical law: text, cases, and materials, 2013) p. 74 CHOCTAW, W. T. Avoiding medical malpractice: a physician’s guide to the law. (New York, Springer, 2008) p. 52 ​ Alaisdair Maclean . (2009). The legal regulation of consent – chapter 5 from Autonomy, informed consent and medical law by Alaisdair Maclean (2009). Jackson E. â€Å"Informed consent ​to medical treatment† and the impotence of tort – (First do no harm, 2009) p. 81 Alisdair Maclean . From Sidaway to Pearce and Beyond: Is the legal regulation of consent any better following a quarter of a century of judicial scrutiny – ​(article from Medical Law Review, 2009) p .213 Tom Walker What principalism misses – (in Journal of Medical Ethics., 2009) p. 9 Jose Miole One step forward, two steps back: the GMC, the common law and ‘informed’ consent –    (From Journal of Medical Ethics., 2010) p. 20 Rachael Mulheron Trumping Bolam: A critical legal anlysis of Bolitho’s â€Å"gloss† –( in Cambridge Law Journal, 2010).p. 67 CALLAGHAN AND COMPANY. (1912). Negligence and compensation cases annotated. (Mundelein, Ill. [etc.], Callaghan, 1912) p. 23 JACKSON, E. (2013). Medical law: text, cases, and materials. BRINDLE, N., BRANTON, T., STANSFIELD, A., & ZIGMOND, T. (A clinician’s brief guide to the Mental Capacity Act, 2013) p. 74 GREAT BRITAIN. Mental Capacity Act 2005: Chapter 9. (London, Stationery Office, 2005) p. 111 TOWNSEND, R., & LUCK, M. Applied paramedic law and ethics Australia and New Zealand. (Chatswood,N.S.W.,Elsevier Australia, 2013) p. 44 http://search.ebscohost.com/login.aspx?direct=true&scope=site&db=nlebk&db=nlabk&AN=520826. DIAMOND, J. L., LEVINE, L. C., & BERNSTEIN, A. (2010). Understanding torts. (New Providence, NJ, LexisNexis, 2010) p. 56 CHAMALLAS, M., & WRIGGINS, J. B. (2010). The measure of injury: race, gender, and tort law. New York, N.Y., New York University Press. POZGAR, G. D. (2012). Legal aspects of health care administration. Sudbury, Mass, Jones & Bartlett Learning. TAPPEN, R. M., WEISS, S. A., & WHITEHEAD, D. K. Essentials of nursing leadership and management. (Philadelphia, F.A. Davis, 1998) p.8 Source document

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