The importance of clear and evidenced writing is key to all assignments. The clarity with which you explain things, the conciseness of your writing and the correct use of references to support your work underpin the marking criteria for all assignments.

Tom and Al are members of Barchester University athletics team. They are fierce rivals and one of them has been the winner of each race they have entered for the last two years. They are now competing in the preliminary race of the National University Games. The winner will go on to race in the highly prestigious International University Games.

While practicing two days before the race, Al injures his ankle, and although he is still fit enough to compete in the race, he realizes he now has no chance of defeating Tom. So he decides to find a way to slow Tom down. Al finds a jar containing a strong medical substance at his home, which he has been using as a muscle-relaxer. He reads the label on the jar and discovers that if the medical substance is taken without a doctor’s advice and in a very high dose, it can be dangerous as it increases the heart rate and even causes death in certain circumstances. Al decides that this is just the thing he needs to slow Tom down. Just before the race, Al puts all the contents of the jar containing the medical substance into Tom’s water bottle, and watches as Tom drinks all the contents of the water bottle. Half way through the race, Tom collapses in pain. He is rushed to Barchester University College Hospital (BUCH). The doctors there are able to regulate Tom’s heart beat again and connect him to an oxygen tank to enable him to breathe properly. The following day, however, the small tube which has been carrying oxygen from the tank into Tom’s body becomes disconnected and the doctors fail to realize this. Tom suffers a heart attack, and although the doctors try to resuscitate him, Tom dies.

It is later revealed that Tom is the fourth person in 2 months to die at BUCH following incidents involving the oxygen tank, and that the General Manager of BUCH had been informed of these incidents but had yet to take any steps to address the issue.

Advise Al, the doctors and BUCH of their potential criminal liability. It might be helpful to think about the following:

1. Al’s criminal liability for murder (actus reus and mens rea) ONLY.
2. Causation inparticular interventions between conduct and result (novusactus interveniens). Does the doctors’ conduct amount to a novus actus interveniens? Consider Jordan (1956) 40 Cr App R 152; Smith [1959] 2 QB 35; Cheshire [1991] 3 All ER 670.
3. Mens rea, in particular oblique intention: consider Woollin [1999] 1 AC 82.
4. The doctors’ criminal liability for killing by gross negligence. Consider

Adomako [1995] 1 A.C. 171.

1. BUCH’s liability for corporate manslaughter. Consider section 1(1) and (3) of

the Corporate Manslaughter and Corporate Homicide Act 2007.

Method of Approach

You need to ascertain from the facts whether the elements of a crime defined by the substantive law (here murder, gross negliegnce manslaughter and corporate manslaughter) are present i.e. the mens rea/fault and the actus reus. To do this you must research the relevant substantive law and then apply it to the facts. Just stating the substantive law will not be enough to pass the assignment. To obtain a B grade or above there must be evidence of considered thought when applying the law to the facts.

QUESTIONS:
1. Reflect on the Performance Improvement/Quality Improvement processes at your facility. (WRITER, I WORK IN THE URGENT CARE UNIT WITHIN THE LOS ANGELES COUNTY SHERIFF’S DEPARTMENT JAIL MEDICAL SERVICES BUREAU, so make the answer relatable to this area of nursing and patient care)
a. Recall an improvement method initiated at your facility.
b. What data was gathered?
c. How was this done?
d. What outcomes were measured and how was change implemented to improve the quality of care and patient outcomes?
Below is directly from the Leadership and Management for Nurses, 2nd Edition book, please find a way to somehow it be worked into your answer for the questions above, of course utilizing the appropriate APA Formatting and APA Reference list:
Anita Finkelman (2011, p. 476) cited the following in her book “Leadership and Management for Nurses” the following regarding OASIS:
“Outcome Assessment Information Set (Oasis) – Some health care organizations such as home health care agencies and some insurers are using national evaluation approaches that are not sponsored by the Joint Commission. Home care agencies use a specific outcome-based approach to quality improvement (QI) called Outcome Assessment Information Set (OASIS), which was developed in the 1990s by the U.S. Department of Health and Human Services. This is a standardized, computerized patient-level assessment with items related to the patient’s physical and emotional state. The focus is on whether or not the patient benefited from the care—outcomes and performance, which should be the focus of care in all types of settings. The process has two stages.
The first is outcome analysis, which includes data collection using the OASIS assessment form, and then processing, editing, and transmitting the data electronically to a central location that collects data from multiple home health agencies. Then each agency receives a risk-adjusted outcomes report, which compares each agency with other agencies providing a quality report card. Data collection occurs at specified intervals in the patient’s care process.
The second stage is outcome enhancement when each agency that participates in the process selects outcomes for further evaluation—such as identifying problems and strengths, developing best practices that are incorporated in action plans, implementing and monitoring the plans, and evaluating the effect of these actions in subsequent reports (Mosocco, 2001; Centers for Medicare and Medicaid Services, 2010).”
2. A “culture of safety” is a term about which we hear a great deal. Describe the culture of safety at your organization.
a. Who is leading the charge to promote safety? (WRITER, I WORK IN THE URGENT CARE UNIT WITHIN THE LOS ANGELES COUNTY SHERIFF’S DEPARTMENT JAIL MEDICAL SERVICES BUREAU, we have a Risk Management Unit and a Quality Improvement Unit within the Sheriff’s Medical Services Bureau that are both tasked with the promotion of safety within the Medical Bureau of the Jail)
b. What is your role as a BSN-prepared nurse in ongoing strategies to promote safety?
Below is directly from the Leadership and Management for Nurses, 2nd Edition book, please find a way to somehow it be worked into your answer for the questions above, of course utilizing the appropriate APA Formatting and APA Reference list:
Anita Finkelman (2011, p. 484) cited the following in her book “Leadership and Management for Nurses” the following regarding evidence-based practice:
“Evidence-based practice (EBP) helps to identify and assess high-quality, clinically relevant research that can be applied to clinical practice (Institute of Medicine, 2008). Evidence-based practice is viewed as method to improve the quality of care because basing decisions on evidence can better ensure that the care needs are met in an effective manner.”