Case study number 2 talks about Nancy Smith’s decision to resign after having been demoted by her management team. Nancy Smith was the Director of Medical Research Therapeutics at a pharmaceutical company. During this time Nancy, had been working on developing a new drug and while doing so she and the others in her team discovered that the formula had too high of a continent of saccharin, 14 times higher than stated by the Food and Drug Administration permitted. With this knowledge, everyone in the team had unanimously decided that the project should not be distributed to people in the United State. They had agreed to continue to research to find a better alternative to having so much saccharin content. The management for the …show more content…
Since she was considered an at will employee the employer is able to terminate her for any reason so if they wanted to terminate her for refusing to participate in the clinical testing they legally could. I do not think that the pharmaceutical’s management should have the right to terminate Nancy simply because she refused to be a part of the clinical testing. I do believe she could be taken out of the team because she would not be able to participate in the research or making of the drug. However, I do not think it is a reason for her termination. Management had no complains of her work prior to this situation so therefor I believe she should be removed from the project but not terminated. Her ethical reasoning made sense and she was following the Hippocratic Oath that prevented her from giving the drug to children and elderly. Nancy Smith was considered an “employee at will” which gives the employer the right to terminate her for any reason or no reason at all. Since she was not employed with a fixed contract it would be difficult for her to fight the company. This can also go both ways since there is no fixed contract the employee is also free to quit from their job at any time with a reason or without one. However, there are some exceptions to being an employee at will, which are public policy, implied contract, and implied covenant of good faith. If Nancy is able to prove her situation falls under one of those exceptions, then she
Thao violated the standard practice and principle of her profession. According to the ANA code of ethics Ms. Thao violated provision 2, 3, and 4. As a nurse Ms. Thao’s primary commitment was Ms. Gant, which she failed to fulfill. Ms. Thao volunteered to work extra eight-hour shift after working sixteen hours (Mason, 2007). She was knowingly taking the risk about of her duty and safety of the patient. Ms. Thao failed to finish the delegation that was given to her due to overwork by which she dishonored provision 4. She violated provision 3 by not reading the warning label on the drug bag and opening the locked cabinet with out the permission of a
In the Code of Ethics for Nurses provision 4 states “The nurse has authority, accountability, and responsibility for nursing practice; makes decisions; and takes action consistent with the obligation to promote health and to provide optimal care.” This was not done, there was no regard for human life. The patients in the hospital were treated as a burden. A meeting was held where the doctors agreed that
On October 5, 2016, Fowlerville High School freshman, Brendan Kangas, committed suicide. His whole school and community was struck with grief, previously unaware of Brendan’s battle with depression. The next day school was held on schedule, and it was a very unproductive day. According to the faculty, kids were crying in classrooms, and uninstructed teachers did not know how to handle the situation (Brent). Many Fowlerville students have struggled academically, unable to cope with the news of Brendan’s death. Fowlerville was not prepared to handle such a crisis and administrators were unaware of the effect Brendan’s suicide would have on the school. Since then, several other students in Brendan’s community have attempted to take their lives as well (Brent). Suicide has not only a problem in
The “Cold Feet” dilemma had seven people that would be affected by my decision: The shareholders, the Chief Legal Officer, the Marketing Director, the Division Medical Director, the National Institute of Health, the future purchasers of the drug, and the Journal. The reputation lens and the relationship lens were used to help me make a decision. The relationship lens helped me identify that people involved are entitled to a number of limited rights, people without power must be protected, and the right to a fair process. This led me to choose to have a committee with the appropriate authority and representation
When Annie was thirteen, the year she had: gotten a microscope, traveled with Judy Schoyer to Paw Paw and witnessed a Polyphemus moth hatch, her family moved because her grandfather had died. He had died the same day that Annie was supposed to attend a school dance at Shady Side Academy with an older boy who had invited her; Annie was ashamed for minding that she could not attend the dance. Annie recalls her grandfather’s last moments in the hospital, noting that she had never seen him angry before. His brain tumor had so debilitated his brain that eventually he could only utter the word "balls." After the death of Annie’s grandfather, Oma sold the Pittsburgh house and moved into a penthouse apartment in Shadyside along with her friend Mary.
Erica Lindsay, PharmD, MBA, JD, is a health care attorney practicing in the greater Chicagoland area. She has worked in pharmacy management and compliance for more than 15 years. Dr. Lindsay consults clients through complex pharmacy regulations and guidelines, including 340B, Medicare and Medicaid billing, and HIPAA compliance. She is on faculty of PharmCon providing instruction on pharmacy legal and regulatory issues. Dr. Lindsay is active in various organizations including the American Bar Association where she is Vice of the Nursing and Allied Healthcare Professionals Task Force and members of the Health Care Compliance Association, Cook County Bar Association, and the Chicago Bar Association. She is a graduate of Florida A&M University
The decision made by the Virginia Board of Nursing concluded with an indefinite suspension of her license until a monitoring rehabilitation program has been completed. The Health Care Practitioners Program will be customized for the specific criteria that the defendant needs. If the defendant does not complete all parts of the program, she will have to come before the board to discuss the issue. The defendant stated during the hearing that she “does not trust herself around narcotics and needles.” Therefore, the board decided that she will not be able to work in a setting where she has access to either of those. The rest of the details of her implications are to be determined as a later time.
The company has the right to terminate an employee as long as the termination does not discriminate or
The purpose of this paper is to identify the ethical issues in the case study provided in the week one assignment. A discussion of how to use ethical principles to address the issues presented in the case study will be covered within the paper. A description of conflicts of this nursing student’s personal values and the ethical principles applied in this case study. The paper will
An article was chosen from the University Library to evaluate the issue of unethical business research conduct. The article chose is called Flacking for Big Pharma: Drugmakers Don't Just Compromise Doctors; They Also Undermine the Top Medical Journals and Skew the Findings of Medical Research . The identification of the unethical business research involved in the article is given. The parties involved along with effected party is mentioned. The evaluation of the article also identifies how the unethical behavior affected the organization, injured party, and society. A proposition of
1. What is the legal issue in this case? Linda Dillon appealed her case against her employer, Champion Jogbra, on the grounds of wrongful termination. The company’s progressive policy for disciplinary action was not applied. Therefore, Dillon makes her claim that her at will status was modified according to the employee handbook and practices. Employee’s handbook should be written clearly and reviewed by legal experts (Walsh, 2010). Champion Jogbra countered that Dillon was an at-will employee and she could be terminated at any time. Dillon also, argues against that the
The plaintiff can argue that these were the conditions that were used when she was hired. She sought out this job because she was offered great career opportunities but was never given the “career” or the opportunity to make $30,000 annually. This could be classified under intentional misrepresentation or fraud because the plaintiff was brought into the business with false statements. Something else that Elaine can argue is that she was discriminated. After she was fired, she was replaced by a man that had less job experience and a lower education than Elaine. Elaine might have been let go because of her sex. This could be a violation of Title VII of the Civil Rights Act of 1964.
The most difficult things to make this choice were the condition of the employee, the discrimination and getting around the legal consequences. Nowadays, we are supposed to live in an environment without discrimination and firing her would be an evidence of the opposite.
Pharmed First Inc. is a widely successful chain pharmaceutical company with 85 drugstores located in Canada’s Atlantic provinces. George Brenner is one of the 6 regional managers and Angela MacFee is a store manager in a mall located in Dartmouth. One of MacFee’s loyal customers have purchased 9 packages of Diet Magic on September 2011 however wanted to return them on May 2012. Subsequently, MacFee reacted hastily and defensively, arguing with Johnston in spite of Pharmed First Inc. return policy (Figure 1). As a result, Johnston wrote a letter to Frank Chen, the president of Pharmed First Inc. and told Brenner to deal with it. He proposed that the company gives Johnston a $500 voucher and that MacFee apologizes. However, MacFee remained inflexible as she also challenged Brenner’s authority.
There is full concurrence among the four commentators: Gamgort, Nelson, Thompson, and Sheehan that Bryant Pharmaceuticals should not approve Laura's pitch for a product placement of Seflex on the news program The Morning Show. Undoubtedly, Laura and her Bryant colleagues, along with executive management have an unenviable task; conjuring a "dramatic increase in sales" (Peebles, Ellen. October 2003 P. 32) of Seflex prior to its patent expiration in two years. Yet, the purported solution fails to address serious concerns across three critical issues: "legal, business, and ethical" (Peebles, Ellen. October 2003 P. 40).