Tag: Failure

  • Legal Issues Arising From Management Of Covid-19 Patients By Ahmed Adetola-Kazeem

    Legal Issues Arising From Management Of Covid-19 Patients By Ahmed Adetola-Kazeem

    Legal Issues Arising From Management Of Covid-19 Patients By Ahmed Adetola-Kazeem 1

    Legal Issues Arising From Management Of Covid-19 Patients By Ahmed Adetola-Kazeem 2


    A lot of legal issues are bound to arise as an aftermath of the outbreak of Coronavirus otherwise referred to as COVID-19.  There is therefore a need to shed light on some of the issues that may arise and how to navigate them. This article will x-ray the rights of patients, the rights of health workers and the basic minimum obligations of the government.

    The Code of Medical Ethics in Nigeria 2008 lists acts that constitute professional negligence. Rule 29.4 of the Code outlines some of these acts as follows:-

    a)      Failure to attend promptly to a patient requiring urgent attention when the practitioner was in a position to do so;

    b)     Manifesting incompetence in the assessment of a patient;

    c)      Making an incorrect diagnosis particularly when the clinical features were so glaring that no reasonable skillful practitioner could have failed to notice them; 

    d)     Failure to advise, or proffering wrong advice to  a patient on the risk involved in a particular operation or course of treatment, especially if such an operation or course of treatment is likely to result in serious side effects like deformity or loss of organ, or function;

    e)      Failure to obtain the informed consent of the patient before proceeding on any surgical procedure or course of treatment when such consent was necessary; 

    f)       Making a mistake in treatment e.g. amputation of the wrong limb, carelessness that results in the termination of a pregnancy, prescribing the wrong drug, or dosage in error for a correctly diagnosed ailment, etc;

    g)     Failure to refer, or transfer a patient in good time, when such a referral or transfer was necessary;

    h)     Failure to do anything that ought reasonably to have been done under any circumstance for the good of the patient;

    i)       Failure to see a patient as often as his medical condition warrants or to make appropriate comments in the case notes of the practitioner’s observations and prescribed treatment during such visits. It also includes failure to communicate with the patient or with his relatives as may be necessary with regards to any developments, progress or prognosis in the patient’s condition.

     

    Rule 11.2 of the 2008 Code of Medical Ethics in Nigeria provides that, “A physician shall preserve absolute confidentiality on all he knows about his patient even after the patient has died.”

                 Rule 44 of the Code of Medical Ethics has extensive provisions on Confidentiality and when disclosure of information can be made. The Rule provides in part that:

    “Disclosure of information on the patient by the doctor can only be made following an informed consent of the patient in writing. It is clear that the ethic covers even such information as induced abortion, venereal disease, attempted suicide, concealed birth and drug dependence but would exclude situations in which a discretionary breach of confidentiality is necessary to protect the patient or the community from danger and this must be made clear to the patient at the time of the confidential disclosure. Where statutory notification of disease is involved, the consent of the patient is not required.”            

                Confidentiality: To Disclose Identity Of Covid-19 Patients Or Not To Disclose?

    COVID-19 is an infectious disease caused by a newly discovered coronavirus. Most people infected with the COVID-19 will experience mild to moderate respiratory illness and recover without requiring special treatment.  Older people, and those with underlying medical problems like cardiovascular disease, diabetes, chronic respiratory disease, and cancer are more likely to develop serious illness.[1]

    The Federal Ministry of Health confirmed the first case of COVID-19 in Nigeria on the 27th of February 2020. It is the case of an Italian citizen who works in Nigeria and returned from Milan, Italy to Lagos, Nigeria on the 25th of February 2020. In reaction to the report, the social was divided between those who want the name of the Italian disclosed and those that preferred it remains confidential. The outcry was even more when the Chief of Staff to the President tested positive according to reports from various media houses[2], but the Minister of Health decided to keep mute on the identity of the President’s aide who contacted the virus, citing confidentiality.

    It will ordinarily be wrong to disclose the medical status of someone infected with COVID-19, for instancethe case of the Italian who was the index case. However in view of the proviso to Rule 44 of the Code of Medical Ethics 2008 which provides that a discretionary breach of confidentiality is necessary in order to protect the community from danger, I am of the view that the test results of popular figures who hold strategic offices like the Chief of Staff to the President or a Governor must be disclosed to guaranty public safety. This is necessary in view of the countless number of people from all works of life they come in contact with on a daily basis.  It will be correct to have made their status public in the overriding interest of the public, since it will enable those who have come in contact with them isolate, just like we have seen in the cases of the British Prime Minister, the Bauchi State Govenor, Prince Charles, the First Lady of Canada and many more. We must commend those who announced their status in public themselves-it is the best thing to do in the interest of humanity

    The World Health Organization (WHO) provides additional guidelines for the management of coronavirus patients specifically.[3]

    Health workers should:

    •follow established occupational safety and health procedures, avoid exposing others to health and safety risks and participate in employer-provided occupational safety and health training; 

    •use provided protocols to assess, triage and treat patients; 

    •treat patients with respect, compassion and dignity; 

    •maintain patient confidentiality; 

    •swiftly follow established public health reporting procedures of suspect and confirmed cases; 

    •provide or reinforce accurate infection prevention and control and public health information, including to concerned people who have neither symptoms nor risk;

    •put on, use, take off and dispose of personal protective equipment properly;

    •self-monitor for signs of illness and self-isolate or report illness to managers, if it occurs; 

    •advise management if they are experiencing signs of undue stress or mental health challenges that require support interventions; and 

    •report  to  their  immediate  supervisor  any  situation  which  they  have  reasonable  justification  to  believe presents an imminent and serious danger to life or health.

     

    Doctors and health workers in Nigeria must endeavor to digest the guidelines in the Code of Medical Ethics as well as the WHO Guidelines for management of Coronavirus victims and ensure they work strictly by their provisions. A breach of these duties have dire consequences. 

    Options Available To Covid-19 Patients Who Are Victims Of Medical Negligence

    A Coronavirus patient who has suffered medical negligence has a number of options:

    1. He could file a complaint with the regulatory body (e.g. the Medical and Dental Council of Nigeria, in the cases involving a Doctor). The Doctor will in the first instance be investigated by the Medical and Dental Practitioners Investigation Panel, after which he will be tried by the Medical and Dental Practitioners Disciplinary Tribunal. If found culpable,  the Doctor may be warned, suspended from practicing for a period not exceeding 6 months or in very serious cases, have his name can be removed from the Register of Medical Practitioners. The Medical and Dental Practitioners’ Disciplinary Tribunal does not award monetary damages.

    2. A suit can be filed against the Medical Doctor, the Hospital, Agency or Government in the High Court for Medical Negligence and monetary damages will be awarded if the Defendant(s) are found culpable.

          3.  If there is an element of Crime, a report could be made to the Police who would conduct Criminal Investigation and where the investigation reveals gross negligence, recklessness or wanton disregard for life of the victim, the police can prosecute or forward the case file to the office of the Attorney General of the State for possible prosecution in deserving cases.  

    A Need To Do More For Doctors And Other Professionals In The Health Sector

    Health workers are at the front line of any outbreak response and as such are exposed to hazards that put them at risk of infection with an outbreak pathogen (in this case COVID-19). Hazards include pathogen exposure, long working  hours,  psychological  distress,  fatigue,  occupational  burnout,  stigma,  and  physical  and  psychological violence. 

    During the outbreak of Ebola more than 500 health care workers died in Guinea, Liberia and Sierra-Leone alone. We also lost some of our finest doctors and health workers to the disease in Nigeria, the most prominent being Dr. Stella Adadevoh, who is credited with having curbed a wider spread of the Ebola virus in Nigeria by placing the index patient, Patrick Sawyer, in quarantine despite pressures from the Liberian  government. As we speak, The coronavirus is waging a war of attrition against health care workers throughout the world, but nowhere is it winning more battles at the moment than in Italy and in Spain, where protective equipment and tests have been in severely short supply for weeks. In Spain 13.6% (6500) of those affected with the coronavirus are health workers and in Italy 10% (7400) of those affected with the virus are health workers. [4] In New York dozens of health workers have been affected with the virus, while hundreds are in quarantine.[5] According to reports filtering in as the time of concluding this article, three health workers have been infected with COVID-19 in Abuja, Nigeria.[6]

    Human Rights Watch research into health system collapse in Hungary and Venezuela suggests the nations’ mismanaged, underfunded, and understaffed public healthcare system is poorly equipped to handle a COVID-19 outbreak. Patients and medical experts described a lack of basic hygiene protocol, lack of isolation rooms, and a shortage of health professionals, doctors and nurses, and medical supplies in general.

    The situation is not too different in Nigeria at the moment and except something drastic is done we might be witnessing a devastating effect of the pandemic. Nigeria’s, public health capacity has been diminished by large scale public sector corruption. Medical personnel lack surgical masks and local supplies have been diverted and shipped to other markets partly due to corruption. Many states are ill-prepared to combat the impeding surge in patients. A senior health worker with a government hospital in Abuja, in an interview with Sahara Reporters, lamented the lack of quality Personal Protective Equipment for them, adding that government must invest in the protection of health workers at the frontline of the battle against the virus. He said, “The unfortunate thing is that the government is not providing us with what to work with. It is sad that our PPE are not up to the world standard and can be penetrated by viruses. Some of us (health workers) have to use our personal funds to purchase gloves as we do not trust the ones government supplied. Nigerians should please remember us in their prayers and government should provide us with what we really need to work.” [7]

    There was report that in Bauchi State a Coronavirus patient rejected the isolation centre at the Bauchi Specialist Hospital and went back home while describing it as “too dirty”.[8]  

    It is disappointing to hear that the hazard allowance for doctors and health workers is N5,000 per month in Nigeria. The amount is very paltry compared to the risks and the attendant emotional and psychological stress suffered by the health-care workers (HWCs) particularly during monumental outbreaks like this. Unfortunately, when a patient is mismanaged, these doctors and health workers bear the burden of paying huge compensation and sometimes losing their jobs. More importantly, the brain-drain in the health sector is monumental, almost all my friends who are doctors, work abroad. Unfortunately, there are concerted efforts by the US Government to engage foreign Doctors to further fortify its health work force as COVID-19 ravages. Many young Nigerian doctors are already considering the offers because the Nigerian government has paid little attention to their welfare and the welfare of the general health workforce. To stop the exodus of our doctors, who are already in short supply, the government must act fast by improving their welfare packages in line with acceptable international standards.

    The psychological needs of doctors and health workers are also often ignored. Unsafe working conditions contribute to health worker attrition in many countries due to work-related illness and injury and the resulting fear of health workers of occupational infection, including from HIV and Tuberculosis. The 2006 World Health Report – Working Together for Health reported on a severe health workforce crisis in fifty-seven countries, most of them in Africa and Asia. [9]

    Protecting the occupational health of health workers is critical to having an adequate workforce of trained and healthy health personnel. Governments at the Federal and State levels are urged to do more by complying fully with the World Health Organization’s guidelines regarding the Rights of Health Workers while combating COVID-19. Some of the rights are:

    ·         assume overall responsibility to ensure that all necessary preventive and protective measures are taken to minimize occupational safety and health risks;

    ·         provide information, instruction and training on occupational safety and health, including; Refresher training on infection prevention and control(IPC); and Use, putting on, taking off and disposal of personal protective equipment(PPE);

    ·         provide adequate IPC and PPE supplies (masks, gloves, goggles, gowns, hand sanitizer, soap and water, cleaning supplies) in sufficient quantity to healthcare or other staff caring for suspected or confirmed COVID-19 patients, such that workers do not incur expenses for occupational safety and health requirements;

    ·         not be required to return to a work situation where there is continuing orserious danger to life or health, until the employer has taken any necessary remedial action;

    ·         allow workers to exercise the right to remove themselves from a work situation that they have reasonable justification to believe presents an imminent and serious danger to their life or health. When a health worker exercises this right, they shall be protected from any undue consequences; 

    ·         honour the right to compensation, rehabilitation and curative services if infected with COVID-19 following exposure in the workplace. This would be considered occupational exposure and resulting illness would be considered an occupational disease,

    ·         provide access to mental health and counselling resources; and 

    ·         enable co-operation between management and workers and/or their representatives. Etc.

    In conclusion, professional care givers for COVID-19 patients should uphold four basic principles formulated by Beauchamp and Childress in their book ‘Principles of Biomedical Ethics’ in order to protect themselves from liability for negligence. The four basic principles are autonomy, beneficence, non-maleficence and justice.

    Autonomy: People have the right to control what happens to their bodies. This principle simply means that an informed, competent adult patient can refuse or accept treatments, drugs, and surgeries according to their wishes. People have the right to control what happens to their bodies because they are free and rational. And these decisions must be respected by everyone, even if those decisions aren’t in the best interest of the patient.

    Beneficence: All healthcare providers must strive to improve their patient’s health, to do the most good for the patient in every situation. But what is good for one patient may not be good for another, so each situation should be considered individually. And other values that might conflict with beneficence may need to be considered.

    Non-maleficence: “First, do no harm” is the bedrock of medical ethics. In every situation, healthcare providers should avoid causing harm to their patients. You should also be aware of the doctrine of double effect, where a treatment intended for good unintentionally causes harm. This doctrine helps you make difficult decisions about whether actions with double effects can be undertaken.

    Justice: The fourth principle demands that you should try to be as fair as possible when offering treatments to patients and allocating scarce medical resources. You should be able to justify your actions in every situation. For instance, it will amount to a professional misconduct for a Health-care Worker to remove a poor man from the ventilator because a Senator was rushed in. 

    Ahmed Adetola-Kazeem is a partner in Adetola-Kazeem Legal Practice and specializes in Medical and Health Law

    Email: aadetolakazeem@gmail.com;aadetolakazeem@gaklp.com

    [1] https://www.who.int/health-topics/coronavirus#tab=tab_1(Accessed on the 28th of March 2020)

    [2] https://businessday.ng/coronavirus/article/abba-kyari-tests-positive-for-coronavirus-buhari-negative/

    https://www.channelstv.com/2020/03/24/buharis-chief-of-staff-abba-kyari-reportedly-tests-positive-for-coronavirus/ (Accessed on the 28th of March 2020)

    [3] Coronavirus Disease (Covid-19) Outbreak: Rights, Roles and Responsibilities Of Health workers, Including Key Considerations For Occupational Safety And Health”. https://www.who.int/docs/default-source/coronaviruse/who-rights-roles-respon-hw-covid-19.pdf?sfvrsn=bcabd401_0   (Accessed on the 26th of March 2020)

    [4] https://abcnews.go.com/Health/wireStory/collapsing-virus-pummels-medics-spain-italy-69789413 (Accessed on 26th March 2020)

    [5] https://www.washingtonpost.com/health/covid-19-hits-doctors-nurses-emts-threatening-health-system/2020/03/17/f21147e8-67aa-11ea-b313-df458622c2cc_story.html (Accessed on 28th of March 2020)

    [6] http://saharareporters.com/2020/03/28/exclusive-two-nurses-one-doctor-infected-coronavirus-abuja-hospital

    [7] Supra

    [8] https://www.dailytrust.com.ng/coronavirus-patient-rejects-bauchi-isolation-centre-returns-home.html (Accessed on 28th March 2020)

    [9] https://www.who.int/occupational_health/topics/hcworkers/en/(Accessed on 26th March 2020)

     

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  • Accept Your Failure and Leave Sowore Alone, Odumakin Tells Buhari

    Accept Your Failure and Leave Sowore Alone, Odumakin Tells Buhari

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    President, Centre for Change, Dr Joe Okei-Odumakin, has called on the Nigerian Government to steer clear of its plan to rearrest human rights activist and journalist, Omoyele Sowore, saying such move would be counter productive.

    Sowore had raised the alarm over moves by the Nigerian Army to secretly secure an order from the Federal High Court, Abuja, to rearrest him over SaharaReporters publication revealing that President Muhammadu Buhari’s Chief of Staff, Abba Kyari, had been infected with Coronavirus.

    Odumakin said such attempts by the government was tantamount to taking Nigeria back to the dark age and total into abyss. 

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    BREAKING: Sowore Raises The Alarm Over Plot By Buhari’s Regime To Re-arrest Him After SaharaReporters Exposed Coronavirus In Aso Villa


    She said the President should concentrate on finding solutions and remedy to the problems created by his failure and negligence in tackling Covid-19.

    In a statement on Friday, Odumakin said, “Our attention has been drawn to the alarm raised by Publisher of SaharaReporters, Mr Omoyele Sowore, that the Federal Government was planning an onslaught on him for reporting that Mr Abba Kyari was Coronavirus positive.

    “Does it mean that our government would have concealed Kyari’s status and allowed Coronavirus unchecked among the top echelon of Nigerian society? 

    “If the status of UK Prime Minister can be made public, who is Kyari that his status must not be known?” she queried. 

    Okei-Odumakin said SaharaReporters had done a great service to the country by making the information public.

    She advised government to begin to remedy its failure by doing whatever it can to provide services for citizens.

     

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  • Nigerian Youth Have Gone To Sleep? By Tao Bakare

    Nigerian Youth Have Gone To Sleep? By Tao Bakare

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    Woke up this morning to the unfortunate reality of the Nigerian state, the failure of her youth to take up responsibilities as the thread and wool that holds her fabric together.
      
    Flashback to the time when our past heroes, who were at the time youths, took up giant strides and went through the battles, upheavals, fights that ensured the liberation of the Nigerian state.
     
    In the nineties, Nigeria was lucky to have the likes of Chinua Achebe, Wole Soyinka, Fela Anikulapo Kuti, Gani Fawehinmi, Femi Falana amongst others responsible for the many historical and  ground-breaking achievement through measures of journalism, arts, literature and activism amongst others.
      
    Unfortunately, today, the reverse is the case, as we now have illiterates, educated hypocrites and mediocres that make up over sixty five percent of the Nigerian population.
      
    However, the blame cannot solely lie on the youths themselves, as it is loud enough that our leaders whom we entrusted our future unto have failed woefully to deliver in this respect. But also, it is noteworthy that the youths themselves have not helped to correct the anomalies, but have glaringly resolved to fold arms and watch their own future rubbed in the mud.
     
     In the Nigeria of today, youths have been relegated to the position of back benchers, applauding mammoth and mere on Lookers in the running of state affairs, which they ought to be at the fore front, as in the times of the West African Students Union, when students, youths, led liberation movements across Africa, and also saw to the independence of West African states.
     
    Obviously, it is crystal clear that youths, who occupy the largest percentage of Nigeria’s population now see themselves and thus submit to our doomed leaders, as election thugs, political hallelujah boys, political assassins and trash can. Instead of them to look ahead, beyond ethic bigotry and difference, it is unfortunate they now lead ethnic hate discussions and debates both online and offline, in turn, parading themselves as useless ‘ leaders of tomorrow’. I wonder how this country will pay it’s debts in the next twenty years, with this kind of bad debtors in town, the so called youths.
     
    In a sane society, the youths should be the ultimate institution of political accountability and policy partner to the government, thereby, holding erring leaders accountable. Also, youths should serve as the rebranding tool for a collapsing or collapsed entity, like ours.
      
    Recently, the chief of police, ordered for the disbandment of zonal SARS in Ogun State following the death of a  promising young man, Tiamiyu Kazeem popularly known as Kaka, who until his death was the Vice Captain of Remo Stars Football Club.
       
    The order of the IGP, came, not only regarding the fact that the young man who was the victim of yet another SARS menace, was a known football star, but also because the youths in Sagamu community flaunted their power as youths!
      
    Moral of this recent case and it’s achievement, is that, so much can be achieved if youths wake up from their long mouth drooling slumber and take full responsibility for their own future.
      
    Nevertheless, if they fall to do this, I fear they may sleep and never wake up.

    The time To Take It Back is now!
     

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  • MMA calls on Nadma to resolve shortage of face masks

    MMA calls on Nadma to resolve shortage of face masks

    MMA calls on Nadma to resolve shortage of face masks 10

    KUALA LUMPUR: The Malaysian Medical Association (MMA) is calling on the National Disaster Management Agency (Nadma) and relevant ministries to resolve the shortage of face masks for healthcare workers.

    Its president Dr N. Ganabaskaran said some doctors had gone to the extent of recycling their masks while seeing patients and some had chosen to close their clinics because there are no face masks and hand sanitizers to protect themselves and their patients.

    “The issue of face mask shortage has been highlighted since the outbreak in early February 2020, it has made national news and every citizen is aware about this. Personal Protection Equipment (PPE) like face masks are a basic necessity when seeing patients who may carry this infectious disease.

    “It is a requirement to provide hand rubs and face mask when seeing patients under investigation and it is indeed frustrating and not to mention unsafe not to have these items,” he said in a statement today.

    He said healthcare workers in the private sector be it general practitioners, specialists, dental surgeons, nurses, pharmacists, radiographers, high-risk patients undergoing hemodialysis are all exposed to possible infection due to the inaction by the relevant ministries in addressing this issue.

    Dr Ganabaskaran added, the failure to address this issue will result in higher risks of infections among patients and healthcare workers at healthcare facilities where people should feel safe.

    “MMA wishes to reiterate that combating Covid-19 is a collective responsibility and not solely the responsibility of our health ministry,“ he said. — Bernama

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  • Perlis Regent tells people to abide by MCO

    Perlis Regent tells people to abide by MCO

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    KANGAR: Raja Muda of Perlis Tuanku Faizuddin Putra Jamalullail (pix) has decreed that the people in Perlis strictly abide by the movement control order (MCO) because a failure to do so may cause the order to be further extended.

    “We should only leave our homes with valid reasons,“ he said in reference to the MCO which was adopted to help the country reduce the spread of the Covid-19 virus.

    In a statement, Tuanku Faizuddin said the people should unhesitatingly adhere to the MCO until it expires.

    “We need to be responsible and committed with a first-class mentality in our actions to stick by the government’s directive.”

    The Regent urged his subjects not to be stubborn or lackadaisical because it will impact society, the state and country in a negative light.

    “We do not want the MCO to be extended in view that the cases may rise even more.”

    His royal message was aired by the state religious affairs council here on Saturday.

    Perlis has recorded nine Covid-19 cases so far.

    Tuanku Faizuddin, who is the president of the state religious affairs council, said that people should only exit their houses if they need to purchase food, groceries, and for healthcare needs.

    They should not leave the state unless they possess valid reasons.

    Tuanku Faizuddin noted with dismay that after three days of enforcing the MCO, there are still a number of people who are disobeying the directive, thus forcing the army to be called in.

    “I hope everyone understands the need to strictly abide by the order so we can reduce the pandemic impact as soon as possible. But if we stray, we are only inviting a possible curfew to be implemented. We still have choices.”

    Meanwhile, the council’s chief executive officer Mohd Nazim Mohd Noor said that all mosque and surau activities have been deferred until the MCO is lifted.

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  • ‘Internet of things’ could be an unseen threat to elections

    ‘Internet of things’ could be an unseen threat to elections

    The app failure that led to a chaotic 2020 Iowa caucus was a reminder of how vulnerable the democratic process is to technological problems—even without any malicious outside intervention. Far more sophisticated foreign hacking continues to try to disrupt democracy, as a rare joint federal agency warning advised prior to Super Tuesday. Russia’s attempt to interfere in the 2016 election has already revealed how this could happen: social media disinformation, email hacking and probing of voter registration systems.

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  • Global study shows diabetes and heart disease can be a deadly combination

    Global study shows diabetes and heart disease can be a deadly combination

    The combination of type 2 diabetes and coronary artery disease can be deadly.

    New research from a global study led by a physician from UConn Health has found that patients with Type 2 diabetes admitted into the hospital for congestive heart failure face a one in four chance of dying over the next 18 months.

    The results were presented on June 11 at the American Diabetes Association’s (ADA) annual meeting in New Orleans and published online in the ADA journal Diabetes Care. The findings paint a much grimmer picture of the outcome for diabetes patients with severe heart disease than was previously known.

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  • Businesses Pursuing New Product Development

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    With the aftermath of globalization, companies are carefully thinking about the best ways to extend their product and service offering. Thus, product development strategy is critical for their success. Yet, many companies are in defensive mode and merely want to maintain the position in the market place.

    However, staying in a holding position is a definite way for companies to be left behind. Innovative thinking that allows for product/service growth is a too sure way for sustainable success. In today’s discussion, we will explore the importance of product development for the growth of businesses, especially in a competitive market.

    Launching into new product offerings is not easy. According to one market research, approximately 75% of consumer-packaged goods and retail products fail to earn even $7.5 million during their first year. Harvard Business School Professor, Clayton Christensen, who is the world’s foremost authority on disruptive innovation, suggests that the failure rate of new products may actually be as high as 95%. Product failure rates relate to the number of products that are launched commercially but fail.

    Geoffrey A. Moore, the author of Crossing the Chasm, maintains the challenges of product deployment: “… the less successful product is often arguably superior. No content to slink off the stage without some revenge, this sullen and resentful crew casts about among themselves to find a scapegoat, and whom do they light upon? With unfailing consistency and unerring accuracy, all fingers point to-the vice president of marketing. It is marketing’s fault!” Thus, new product development is a risky proposition to senior executives making these critical positions as well as the organization as a whole.

    Businesses that want sustainable growth must develop new product and services often and consistently. Philip Kotler and Kevin Keller, authors of Marketing Management, “In an economy of rapid change, continuous innovation is a necessity. Highly innovative firms are able to identify and quickly seize new market opportunities.”

    In taking any actions on new product development, businesses should think strategically about their product development. Alexander Chernev, the author of Strategic Marketing Management, further argues that managing growth is the most preferred route to profitability compared to just cutting cost.

    He outlines four key issues in managing growth, which include: (a) gaining and defending a market position, (b) managing sales growth, (c) new product development, and (d) product-line management. Chernev maintains, “New products and services are the keys to sustainable growth; they enable companies to gain and sustain their market position by taking advantage of the changes in the market to create superior customer value.”

    With that said, new product development meaning having the ability to take a product or service idea and convert it into a tangible offering that customers want. The following are the steps that more products undergo for market consumption: (a) idea generation, (b) concept development, (c) business analysis, (d) product development, (e) market testing, and (f) business deployment.

    The Ansoff Matrix is a strategic tool for product development, consisting of market penetration, market development, product development, and diversification. In market penetration strategy, organizations seek to grow using its existing product offerings in existing markets. With this strategy in mind, organizations try to increase market share. In a market development strategy, companies try to expand into new markets like new buyers using their existing offerings. In product development strategy, businesses seek to create new products and services targeted at its existing buyers.

    In a diversification strategy, an organization tries to grow its market share by introducing new product offerings while at the same time entering a new market. Diversification is the most-risky approach due to simultaneous making new changes (new product, new market). Kotler and Keller further maintain the difficulty of sustainable product success: “It is increasingly difficult to identify blockbuster products that will transform a market, but continuous innovation can force competitors to play catch-up.” The concept sounds easy. However, it is riddled with problems.

    Without a doubt, many companies know that product development is a risky business. Although many consumers will proudly proclaim the success of many innovative products like Apple and Google, these same buyers are not aware of the numerous product launch failures in this country. In our discussion, I demonstrated the importance of product development for the growth of businesses, especially in a competitive market. Failures often lead to innovation.

    American great inventor, Thomas Edison, had his own share of failures, but learned how to innovate because of them: “I have not failed. I’ve just found 10,000 ways that won’t work.” Likewise, today’s businesses can also achieve success if they understand how to deploy their products and services to the marketplace strategically. Although there is enormous danger in failure, there is also the opportunity of unforeseen growth. Don’t wait until it’s too late.

    © 2017 by DD Green

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    Source by Dr. Daryl D. Green

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  • Overcoming Mindset Challenges

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    We all have those days, we drop our heads and get down on ourselves; you might even let out a few expletive words for good measure. Our pickleball play is just not up to our, or the USAPA player rating standard. It’s frustrating. I’ll let you in on a secret I learned long ago from a coach who pushed us to achieve; your state of mind or your mindset, plays an enormous role in your successes and failure.

    Carol Dweck, author of Mindset, identifies 2 types of mind-sets; fixed and growth. The fixed mindset has shaped you from birth, it is what you are and has defined your belief in your potential. An innate conviction fashioned from external influences and internally interpreted. A fixed mindset, sees obstacles when faced with change and challenges and therefore will interpret failure as self-defeating in the lack of abilities. It’s like looking on the other side of the court and thinking that the grass is greener – your opponents seem to have all the right moves and it’s your lack of something that is keeping you from winning.

    On the other hand, the growth mindset is one that is embryonic. Here is where belief in ourselves can help us adapt and grow in the ways we want by developing our talents through hard-work and dedication. Learning to love our development playing pickleball and also developing a resilience to loss is the key.

    Hear Those “Voices”

    Learning to overcome a fixed mindset challenge begins with learning to control your emotions and then you can achieve optimal performance during competition. First, you need to pay attention to those negative voices; you know the one’s – from family members that expressed failure or the one’s from coaches that uttered a lack of talent. There may have even been laughter from classmates or club memberships. A mentor who would snap when you hit a setback. You may have developed a reactive “habit” – automatic response to an emotional stimuli. Pushing those old suppressed buttons will give you a release and an understanding but despite their best intentions, this can also trigger an emotional upheaval, easily sweeping you away. Fortunately there is one way to stop the spiral of uncontrollable emotional reactions – refocusing. Consciously stepping back to draw your focus into your senses and the physical effects they may manifest; elevated heart rate, sweaty palms, nausea, tight or tense muscles, anxiety, and shallow breathing.

    Acknowledge and Accept

    Staying in the present moment, acknowledging that these physical effects are poignant, so you can process the information as if you are a doctor observing a patient. Comprehend your emotional arousal as an imaginary threat, and your intensified state of mental stress or physical excitement is a normal response that can be reduced by controlling your emotions. Slow down. Accept that you can help your brain learn to process new “habits” to effectively stay grounded; stretch and breathe, visualize or focus on energizing cues that epitomize how you want to perform or transfer negative energy to positive energy.

    Choice

    You have a choice; interpret negative challenges or setbacks from a lack of talent fixed mindset or from a positive aptitude growth mindset. When you doubt your talent, change your focus – with time and effort, believe you can learn a particular skill or achieve a goal. If you hit a setback or face criticism, keep learning and persevere.

    When the grass on the “other side” draws my attention, I stop and reframe – finding the courage in myself to think of the “water”, or successes that keeps my grass green. I still find myself under stress, and I still hear the “voice” of my fixed mindset. I have learned to face the criticism; sometimes old responses rear their ugly head and I get angry – hitting the ball without thinking and making unforced errors. Other times I am able to put those voices in their place. I interpret my challenges, and setbacks then regain my emotional control. It’s all very personal.

    Over time, learning to take on the pickleball challenge wholeheartedly, gaining wisdom from setbacks, and acting on the criticisms you face by embracing the growth mindset can make it work for you.

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    Source by Patricia H Kuhnen-Beaver

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