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 Legal & Ethical Scenarios

This essay focuses on Legal & Ethical Scenarios. Alana Mendes suffered from Alzheimer’s, and was admitted to the Bay Pines Rehabilitation Center. Because of her mental condition, Alana’s daughter, Juanita, completed the admissions paperwork and signed the admissions agreement.

 Legal & Ethical Scenarios

Scenario I: Courts and Alternative Dispute Resolution

Alana Mendes suffered from Alzheimer’s, and was admit to the Bay Pines Rehabilitation Center. Because of her mental condition, complete the admissions paperwork and sign the admissions agreement.

The admissions documents include a clause that require parties to submit any disputes for arbitration.

Bay Pines move to require arbitration.

Firstly,      This is a claim of negligent care, not a breach of a commercial contract. Is it ethical for medical facilities to impose mandatory arbitration? Is there really any bargaining over such terms?

Scenario II: Due Process and ADR

In 2016, a report found extremely high rates of obvious plagiarism in the theses of graduate students in the MBA program in the College of Business at Western State University.

Two full-time faculty members and three adjuncts were identify for ignoring their ethical responsibilities and contributing to negligence toward issues of academic misconduct.

Assistant Professor Mark Day was one of the five professors identified in the report. The findings were publish during a press conference in May 2016.

The dean of the College of Business, Derrick Dawson, on legal and ethical scenario removed Day’s responsibilities for advising graduate students and schedule him for undergraduate courses for the next semester.

 

Additionally,      What does due process require in these circumstances?

Finally,      Would the outcome be different if a mandatory arbitration clause was provided in Day’s contract and the university filed to dismiss the suit to require arbitration?

Scenario III: Regulatory Agencies and Ethics

Jessica Smith is the vice president of new drug development at Generic Phama, Inc, a pharmaceutical research company in Boston, Massachusetts.

One year ago, she filed an application with the Food and Drug Administration (FDA) to obtain approval of a new drug for treating cancer.

Smith met Joe Spencer at a convention three months ago and invited him to her room at the hotel.

The two party ways.  Spencer worked as the director for approval of new drugs at the FDA.

Two weeks later, Spencer wrote Smith a letter on FDA letterhead stating, “It was nice to see your name cross my desk on our company’s application for approval of the new cancer drug.  I’d really like to see you again.

Why don’t you come visit me in Washington this weekend?”

Smith consider requesting that the petition be refer to another director at the FDA.  However, she is concern that the  transfer would delay the approval process for at least a year.

Further,      What should she do?

In addition, check on time

Moreover, check your speed
Further, check on the language

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