Tag: Law

  • The Motionless Traveller by Author Aspi Doctor, a Spiritual Journey

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    The Motionless Traveller by Author Aspi Doctor

    I thought it fitting to play my Dalai Lama CD while contemplating the novel I have just finished; “The Motionless Traveller” by author Aspi Doctor. It assists in setting the tone while I attempt to articulate the many levels of knowledge woven in between the lines for the reader to catch or to just simply sit back and enjoy the ride. Yes, the Dalai OM’ing in the background of my concsious mind overseeing that this review is done with honour. I think he would approve.

    Aside from the fact that I am continually amazed at the phenomenal talent to be found off the beaten path of the big box book publishing houses and corporate monopoly distributors and retailers, who knew that this Northern Ontarian would be reviewing a such a ‘shining star’ from India.

    To have the gist of the novel, it is important to understand a bit of the man behind the words. Aspi was born in Bombay, India into a family of Zoroastrians and avid readers. He first demonstrated his gift for storytelling in primary school, to the delight of his classmates. Among the many other demands of a vocation within academia and in pursuit of his passion of the written word, Aspi studied English Literature obtaining a Masters Degree and Diploma in Journalism at the University of Bombay. Here Aspi was awarded the honourable prize of ‘First Standing’ in his subject group, and continued to explore many other dimensions of the wonderful world of literature in the Dramatic Arts and Theatre, Public Speaking and Radio Script Writing.

    In 1969, Aspi finally began putting pen to paper in earnest above and beyond his full duties as Principal and Academic of the Tolani College and the A.P. College of Commence, (affiliates of the University of Bombay). As a respected educator in his own right, he wrote and published a number of Text Books, such as; Business Communications-25 editions, Bank Correspondence-11 editions, Communications Skills in English-12 editions, Mass Communications-6 editions and more.

    In 1980, this calm, wise, insightful, mild mannered and ever smiling semi-retired professor began to put his wealth of knowledge into fiction format with “The Motionless Traveler”.

    A futuristic story that begins in Bombay India, in an era of post fossil fuel exhaustion and overpopulation with a bored government worker named Krish. Jolted out of his routine life when he rescues a young girl from a street gang, Krish inadvertently embarks on an adventure that spans the globe when he is gifted a ‘magical’ statue of the Buddha. Intertwined within the many levels of the story the reader gains glimpses into the Indian cultural mind with hints of Buddhism, Zoroastrianism, Spiritualism with some key Natural Law and Quantum Physics to ponder. Through the fine art of storytelling, we participate in Krish’s spiritual and metaphysical journey to a desert in Arabia, to Africa, to Mexico, to New Mexico, the United States, all to arrive at destination Canada. However, the true destination is to be continued long after the Buddha is handed over to a scientific research group, whose intent is to unravelling the statues mysteries amidst much intrigue as.

    Krish’s magical journey across oceans and continents brings thought provoking insights to the reader while he grows into new found power and understandings of the laws of nature and ultimately the evolution of mankind as a whole.

    As with all great teachings, the story is innately and humbly human while touching on the sacredness of the spiritual journey toward a collective and timeless God consciousness.

    Aspi continues to devote his so called spare time to his current writing endeavors which include another fiction novel entitled “Feet of Clay”. Several more text books are also in progress and pending publication.

    Aspi is currently the Vice President of the Association of College Principals in Bombay and an active member on the board of directors of two other educational institutions.

    I look forward to his next novel with anticipation of yet another spiritual journey filled with insights and the human condition. I am happy to recommend this work.

    Addendum: It is worth the time to peruse the http://www.ideaindia.com web site, a wealth of talented authors, good books, free e-books and articles covering many genres and topics.

    Reviewer:

    Jan Porter – http://www.inspiredsoulworks.com

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    Source by Jan I Porter

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  • Categories of Ethical Dilemmas in Business

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    First published in Exchange, the magazine of the Brigham Young University School of Business, the following twelve categories were developed to cover the root or cause of most ethical business dilemmas that one might encounter in their jobs. I have summarized them to keep them short and simple.

    1. Taking Things That Don’t Belong To You

    Everything from taking highlighters from the storage room, to sending personal mail through the mailroom, to downloading unauthorized games to play on your work computer fall into this category. A CFO of a major corporation took a cab from the airport to his home in the city. When he asked the cabbie for receipt, he was handed a full book of blank receipts. Apparently this dilemma of accurately reporting business expenses involves more than just one employee.

    2. Saying Things That You Know Are Not True

    When a car salesperson insists to a customer that a used car has not been in a previous accident, when it has, an ethical breach has occurred. When a clerk in a store assures a customer that a product has a money-back guarantee, when only trade-ins are allowed, another ethical violation occurred (and perhaps a violation of the law).

    3. Giving Or Allowing False Impressions

    There is an urban legend in which 2 CD’s were being sold on a TV infomercial that claimed that that all the hits of the 1980’s were on the CDs. The infomercial emphasized over and over again that all songs were performed by the original artists. When they received the CDs, upon closer inspection, they found that all songs had been covered by a band called The Original Artists. While technically true, the impression given by the infomercial was false.

    4. Buying Influence or Engaging in Conflict of Interest

    When a company awards a construction contract to an organization owned by the brother of the attorney general, or when a county committee who is charged with choosing a new road construction company is traveling around the state looking at roads at the expense of one of the bidders, a conflict of interest arises which might affect the results of that choice.

    5. Hiding or Divulging Information

    Failing to divulge information from the results of a study on the safety of a new product, or choosing to take your companies proprietary product information to a new job are examples that fall into this category.

    6. Taking Unfair Advantage

    Have you ever wondered why there seem to be so many product safety rules and procedures? It is primarily the result of laws passed by government institutions to protect the consumer from companies that previously took unfair advantage of them because of their lack of knowledge or through complex contractual obligations.

    7. Committing Acts of Personal Decadence

    Over time, it has become increasing clear that the acts of employees outside of work can have a negative effect on a businesses image. This is one of the primary reasons companies are minimizing social interactions or events, outside of the office, so that drug or alcohol related events can not be tracked back to the company.

    8. Perpetuating Interpersonal Abuse

    At the heart of this category of ethical misbehavior is the abuse of employees through sexual harassment, verbal lashing, or public humiliation by a company leader.

    9. Permitting Organizational Abuse

    When an organization chooses to operate in another country, it sometimes butts up against social culture in which child labor, demeaning work environments or excessive hours are required. It is at this point that the leaders of the company have a choice…whether to perpetuate that abuse or alleviate it.

    10. Violating Rules

    In some cases, people or organizations violate rules to expedite a process or decision. In many of these cases, the results would have been the same regardless, but by violating the rules or required procedures for that outcome, they can potentially scar the reputation of the organization they work for.

    11. Condoning Unethical Actions

    Suppose you are at work one day and you notice that a colleague of yours is using petty cash for personal purchases and fail to report it. Perhaps you know that a new product in development has safety issues, but you don’t speak out. In these examples, failing to do right creates a wrong.

    12. Balancing Ethical Dilemmas

    What about a situation that would be considered neither right, nor wrong? What should be done here? Should Google or Microsoft do business in China when human rights violations are committed daily? Sometimes an organization must balance the need to do business with any ethical dilemmas that might arise from doing business.

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    Source by John Bascom

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  • Book Summary: Tax-Free Wealth – How to Build Massive Wealth by Tom Wheelwright

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    I was lucky as a kid to have my father as a business mentor. When the time came and I entered the business world, I could not lean on him as he passed away young. The Rich Dad / Poor dad books were my saving grace when it came to financial education. Several of the concepts I knew about because of my father but the advanced strategies and the “how to” really came from the Rich Dad books. Tom is a Rich Dad advisor.

    Why is this important to me?

    I am not doing this summary to waste your time. It is my vision to provide concise action steps that you can adopt right now to enhance your financial life and career. If you want to continuously improve, you have to be committed to continuous learning. Lever the continuous learning with the right associations and you will succeed in your career.

    The Cash flow quadrant really sums up the essence of financial success. If you focus on the left side of the quadrant then you can make an OK income but if you focus on the right side then you can become rich. Robert Kiyosaki points out in Rich Dad / Poor Dad that the left sides of the quadrant people make money, pay tax and then spend it. On the right side of the quadrant people make money, spend it and then pay their taxes. This is a huge difference and can be the biggest success lever in your financial arsenal.

    Tax-Free Wealth points out 24 Tax Strategies you can use on your way to Tax-Free Wealth. For the sake of time I will point out a few along with some commentary about each.

    1. Rule # 1 – It is your money, not the governments. People tend to run scared when it comes to taxes. Remember that you are the one creating the value and making the business work, be smart and utilize tax strategies to minimize tax and maximize your investment. The key here is tax avoidance NOT tax evasion. Every concept in this book is totally legal and encouraged by the IRS.

    2. Rule # 2 – The Tax Law is written to permanently lower your taxes. All financial plans need a solid foundation. This is why you simply can NOT focus on rate of return only. You can make a huge rate of return but if you can lose it because of a law suit or 50% gets eaten up in taxes then you will lose in the long run. 99% of the tax code is written as incentives to encourage people to start business. The reason the government does this is because businesses create jobs and that is the single biggest economic driver.

    3. Rule # 3 – The fastest way to put money in your pocket is to reduce your taxes. Businesses require investment. That investment is a business expense along with R&D, Travel and other business related expenses. You can combine vacation and work legitimately and write it off as a business expense. If you travel and sell items then go on sales calls in the vacation area. If you are a real-estate investor then travel where you may invest.

    4. 4. Rule # 24 – Build massive passive income through your tax savings. This is the strongest wealth builder in the book because you lever up compound interest, velocity of money and leverage. Utilizing these three vehicles along with investment stacking and you will be rich. The goal is to build your business and make the money there and turn it into passive income and then park the added money into cash flow investments like real estate. You want your money working harder than you do. You do not want to trade hours for dollars. Let me give you an example.

    In our software company there are two ways to build wealth and that is through intellectual property and maintenance agreements. These two things used together will build a company that can be sold for 2-4X revenues. Now to foster that investment with leverage, I use the “Infinite Banking Concept” to lend money to the business through “my own bank.” Now the money the business pays me comes back as investment income which means lower taxes. The new revenue the additional maintenance contracts bring foster new contracts. The next step is to use “good debt” to leverage our coverage and purchase more maintenance contract revenue with our software platform.

    In summary, you make money in your business and hold it in passive income generating assets using good leverage, velocity of money and compound interest.

    Tax-Free Wealth is a great resource that I encourage you to read. If you immerse yourself in these concepts, financial security and true wealth can be yours.

    I hope you have found this short summary useful. The key to any new idea is to work it into your daily routine until it becomes habit. Habits form in as little as 21 days. One thing you can take away from this book is lever your financial education. If you take control of your education and schedule 30 minutes per day dedicated to this then you will reap results. You cannot put your financial future in the hands of somebody else. Take on the responsibility and good things will happen.

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    Source by Joe Mosed

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  • A Look at the Difference Between Prosperity and Success

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    Is there actually any difference between a prosperous man and a successful or rich man? Or are they mere synonyms? If they are different which group should a Christian belong to? Which should reflect in a Christian? I would like to make an analysis with the Bible and on that base we could differentiate and draw a conclusion.

    “This book of the law shall not depart out of thy mouth; but thou shalt meditate therein day and night, that thou mayest observe to do according to all that is written therein: for then thou shall make thy way prosperous and then thou shall have good success.”

    Joshua 1:8(KJV)

    We could see it is God’s will that we be both prosperous and successful as we abide by his word daily. We could also say that prosperity is different from success or riches but they are related as the bible also made us to understand. What is then the difference between this two? Is it possible to be rich and not be prosperous or is it also possible for one to be prosperous and not rich? Who is a prosperous man? These questions would be answered from the Bible.

    “With God you will be both prosperous and you will have “good” success. But without God you can be only be successful”.

    In the book of Luke 16:19-31 Jesus gave us the parable of a rich (successful) man and a beggar called Lazarus. The man was successful, he had wealth but was not prosperous because his riches were not affecting the lives of the needy or the poor, his wealth was for him alone and for whom he dimmed fit. He was only a rich man.

    “And the Lord was with Joseph and he was a prosperous man; and he was in his master’s house. And his master saw that the Lord was with him and that the Lord made all that he did to prosper”.

    Genesis 39:2-3(KJV)

    Joseph was a prosperous man but he was not rich materially at that time and because he was prosperous his master’s house was blessed. If you see a prosperous man, the blessing of the Lord in his life will radiate and affect the lives of others positively. Prosperity and success (riches) is not limited to material (Money) and tangible things, you could be rich in talents and so many other useful things but the fact still remains that you should affect lives. A prosperous life blesses the lives of other with what God has given him/her.

    “When riches or success are used to bless lives to the Glory of God it becomes prosperity”.

    Point 1

    Riches or success could be gotten from God or by man but prosperity is only from the Lord. For a man to be prosperous he must abide by God’s word Joshua 1:8. The bible said and the Lord was with Joseph and he prospered. Prosperity here should not be confused for influence.

    Point 2

    As Christians we should use whatever God has deposited in us to bless others. This is when we will be recognized as prosperous.

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    Source by Hanson Chidi Otuneme

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  • Aromatherapy – Nature’s Fragrant Medicine

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    We all know how fragrances make us feel. Some aromas make us euphoric, others have a more soothing effect, and specific familiar smells can transport us back in time and bring on feelings of nostalgia. The psychological and emotional effects of fragrance and the extreme importance of our sense of smell are obvious. But, did you know these same fragrances can also be used to heal your body and create well-being in your life? Aromatherapy is a well-known technique amongst healers from all parts of the world and all civilizations.

    What do they know that you don’t?

    As with Color Therapy, Sound Healing, Crystal Healing, and Energy Therapy, the aim of Aromatherapy, within the scope of healing, is to activate the senses of the body. The goal is to eliminate the conditioned, logical, and analytical mind, thus activating the wonderful reality of “feeling” and experiencing life in it most empirical and purest form. It is in this empirical state, that we are able to break the illusions of separation and connect on a deeper level with the energies that surround us. Dr. Richard Gerber MD, author of Vibrational Medicine, tells us that one of the best ways we can change dysfunctional patterns in our energy bodies is to administer therapeutic doses of frequency-specific energy. We do this by using herbs, crystals, sound, and energy also called vibrational medicines.

    It is common knowledge and practice, that scent can affect physical and psychological changes in living beings. We experience it regularly in our daily lives. When we smell a fragrance, it triggers an immediate emotion or feeling, that makes us happy, excited, calm or even nostalgic. Aromatherapy, practiced throughout thousands of years, dating back to the ancient Egyptians and the Vedic culture of India, where plant extracts and medicinal plants are still widely used.

    The term Aromatherapy was coined in 1937, by a French perfumer and chemist by the name of Rene-Maurice Gatterfosee. Aromatherapy is the holistic science of utilizing naturally extracted essences from plants to balance, harmonize and promote the health of body, mind, and spirit. Through the knowledgeable and controlled use of essential oils, we are able to achieve physical, emotional health, and overall well-being. As with other holistic practices, Aromatherapy is always used to treat the “whole” person and not just the symptom or the disease.The application of essential oils is historically mentioned countless times and throughout diverse civilizations (Egyptians, Greeks, Romans etc.) for a variety of health-related applications. Today, there are thousands of studies on essential oils. We know that their effectiveness is accurately merited by their composition of very small molecules, that are able to penetrate deeply and quickly into our cells (Transdermal delivery).

    The sense of smell is the most neglected of all the senses in humans. This is surprising when we consider that seventy to seventy-five percent of what we perceive as taste, actually comes from our sense of smell. The neurons that sense the odor molecules, lie deep within the nasal cavity, in a patch of cells called the olfactory epithelium. To understand how odor is humanly perceived, it is important to know why the limbic system allows us to behave differently when experiencing different odors. The Limbic system is a complex system of nerves and networks in the brain, involving several areas near the edge of the cortex, related to our instinct and mood. It also controls our most basic emotions (fear, pleasure, anger) and drives (hunger, sex, dominance, care of offspring). A very important aspect of smell is that olfactory neurons make up the only sensory pathway, that is in direct contact with the brain. Because of the close connection to the limbic center, feelings and emotions can naturally be regulated, as well as memory.

    The application and uses of Aromatherapy in healing, obey the same Universal Law that everything vibrates at different and specific frequencies. Every atom in the universe has a specific vibratory or periodic motion. Most plants (and animals,) use enzymes to break down molecular components during their life processes. And, each of these enzymes has a unique crystalline form with a specific vibratory frequency. The vibrational frequency of an oil reflects the innate integrity of these elements and the intrinsic enzymes embodied within its substance.

    The process of using Aromatherapy in healing treatments is to apply plant-derived oils with the correct matching frequency. Therefore, allowing the physical body to absorb these energetic vibrations and bring the body back to a state of well-being and equilibrium. Essential oils do not resonate with the toxins in our bodies; neither, do they resonate with negative emotions. This incompatibility is what naturally helps remove toxins and toxic energy from our systems. Aromatherapy, energetically speaking, can help dislodge forgotten traumas by surfacing them in our consciousness. For, it is in a state of consciousness that we can face, deal with them, and let them go. The therapeutic properties of this method, create exceptional vibrational remedies, capable of healing or rebalancing the body/mind/soul/spirit. Essential oils can regularly be used in body oils for massage, facial/body lotions and oils, baths, inhalation, diffusion, and on the energy points on your body.

    It is fairly simple to integrate Aromatherapy into your daily life. You do not need to be a master of plants and herbs. Choose a few. Learn about their energetic properties. Smell each oil. How do they make you feel? Once you have narrowed down your list and hand chosen your favorites, here are some DIY ideas:

    • Place a few drops on a tissue and place it in the air vents in your car. Enjoy Aromatherapy anywhere you go. No need to schedule extra time to enjoy the benefits of essential oils.
    • You can mix your favorite oils with coconut or jojoba oil (my favorites) and use them instead of your regular perfume.
    • Mix your essential oil in distilled water. Then, using a spray bottle, spray it as an air freshener around the house. You can also spray it on your favorite pillows and throws.

    Be Creative! You Are Unique!

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    Source by Susan Vilanova

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  • Marital Pathfinder 101

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    The issue of marital discovery and fulfillment has been a major discourse in most singles’ forum taking cognizance of the implications of getting it wrong. When God created man, He took him and set him down in the garden and gave him a mandate (Vision): “… to work the ground and keep the garden in order” Gen 2:15 (message bible). He looked at man and said to Himself it’s not good that man should be alone; let’s make for him a help-mate and a companion. Reason being that man was not living his full potential and so needed a help-mate and a companion to relate some things with; God in His mightiness cause man to fall into a deep sleep, created a help-mate for him and presented her to him; “when man woke up, he came in contact with someone he is attracted to (someone of like mind), went close, identify himself with her, appreciate her, stretch out his hand towards her and they both hold hands, move round the garden and tend it properly according to God’s instructions”. (My opinion).

    Taking cue from where it all began- the Garden of Eden, as a single I strongly believe that marital fulfillment is real and everyone is meant to experience it if we can just know what we want and go through the process or stages towards getting what we desire. It takes grace-unmerited favor for good thing to come easily. Let me buttress on Adams experience as follow:

    Woke up: when man woke up… literally in life, when a man is said to have woke up from his sleep, it means he has gotten to the point of realizing that something is missing in his life and so needs attention and until this is done, optimal satisfaction or fulfillment will not be drive. Speaking from marital point of view, it’s where a man realized that for him to gain much ground in life, he will need a help-mate (vision helper) to give him the much needed support to fulfill purpose. By this, I mean the achieving the intangibles- life vision, life assignment. For the ladies, it’s the point where she needs someone with some sense of purpose. It is the point where a man will need to make clear his life vision, mission and set values that will govern his life activities- setting his priority(s) right as he moves on the journey to marital discovery and fulfillment. When this is done, he goes on an ultimate search through praying, fasting, interaction with people and the environment.

    Attraction:… he came in contact with someone he is attracted to (someone of like mind)… Gen 2:23; Esther 2:17. person-300x202The law of attraction states that every man draws to him what flows out of him. When Adam woke up, he came in contact with someone of like mind- someone that speaks and understands his language, sees what he sees, with similar mandate, etc and so got attracted to her because his instinct communicated it to him. As singles (guys and ladies), the law of attraction should not be ignored in our quest for marital fulfillment. A guy or lady, who knows where he/she is going, will deliberately get attracted to only those going in the same direction with him/her. If for any reason, you are attracting to yourself friends you do not wish to have, it means you have to work on what flows out of you- rebrand yourself inside-out. Try to understand your temperament (strength and weakness) and then the temperament of someone that will complement yours. On the other hand, if you are attracting the right people into your life, then you are on the right path to marital fulfillment because these people see what you see, speak and understand your language- success, spiritual intensity, business success, career fulfillment, etc

    Get close and identify with people:… went close, identify with her… law of contact. For one to get what he/she need in life, he will have to take steps forward without necessarily seeing the stair case to step on. As singles (guys and ladies) I don’t think we need to see a vision, have a dream, go on a trance or have an impartation with the full bottle of anointing oil pour on our head for us to go close to people we are attracted to and have an interaction with them. When the first man woke up from his deep sleep, he came in contact with someone he is attracted to (someone of like mind) and so went close and interacted with her. It is at the point of interaction he discovered that they both have so much in common and so he identify with her immediately. Personally, I strongly believe that all relationship with the opposite sex will not end in marriage (life partner); I believe also that if we set our priority(s) right, at the point of interaction with those we are attracted to, we will be able to identify and discover a relationship that will not work for marriage but can work in the area of career, business contact/partner, best of friends, etc. Let’s increase our sensitivity antenna as the Spirit of Truth will help us. When we do, there will be no reason for regretting knowing or coming in contact with anyone; though, we are not perfect or guru in relationship matter but the chances of regret will be very minimal or near to zero.

    Appreciation:… appreciate her… what you appreciate in the life of someone over a period of time will as a matter of fact become your reality (paraphrase- law of appreciation). In as much as the first man identify with the similarities between him and his friend so to speak, he also notice that there are attributes his friend have which he don’t but needed to excel and so appreciated these attributes. Appreciating someone’s strengths and giving strength to ones weakness has a way of building and strengthen relationship and friendship. As singles, it’s impossible to have strength in all facet of life; and so when we see someone doing things in the area of our weakness, we should endeavor to celebrate them and leverage on their strength to fulfill purpose in life.

    Stretch out your hands to get help:… stretch out his hand towards her… the good book says “ask and ye shall receive, seek and ye shall find, knock and the door shall be open unto thee”. At this point, the relationship should be defined. Gen 2:25. As I said, all relationship will not end in marriage; when you interact with people, you will know the areas (Business, career, Spirituality, academics, etc) you will team work to achieve great results in life. When this is defined, the objective of the relationship should be stated and boundaries set. In life, nothing works until someone work it out; relationship doesn’t work out until those involve make it work; it’s a team work affairs and nobody’s commitment should be taken for granted rather it should be appreciated.

    Get bonded:… and they hold hands, move round the garden and tend it properly according to God’s instructions. The book of life says “do two people walk hand in hand if they aren’t going to the same place?” (Message bible). There must be some form of agreement between both parties

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    Source by Emmanuel Chukwuyem Agese

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  • Department Administrator Interference in the Doctor-Patient Relationship

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    I contacted a resident doctor in Internal Medicine at a teaching hospital and asked if he would be interested in becoming my primary care physician (PCP). My note briefly described my background in health outcomes research and two of my prescription drugs. He wrote back that he would be honored to be my PCP, and came across as professional, humble, and sincere. A new doctor-patient relationship was formed, and I contacted my existing doctor’s office to arrange for my medical records to be transferred, which immediately informed that office that I must be dissatisfied and going to a new doctor. I also shared with the resident doctor confidential information from my medical records and a copy of one of my professional presentations at a health care conference.

    A department administrator then contacted me to say the resident doctors are not available every day of the week for clinic and are not even here when they do their ICU rotation. Also, the Internal Medicine department protocol would not allow the resident doctor to write me a drug prescription for off label use. Finally, she was concerned that in the past I have ordered and correctly interpreted my own blood tests. The administrator’s attitude reflects one of the chief complaints Americans have with the health care system: the system is coming at them and requiring them to get health services in some predefined structure to which the facility is accustomed but which eliminate any potential for individualized treatment according to individual patients’ needs.

    Apparently the administrator did not spend enough “careful consideration” to get her facts straight. I do not need to see my PCP daily or even monthly. My track record shows I saw my existing doctor once in a calendar year, and the prior doctor before him I saw once in a 15-month period. So the administrator based her decision on her own ignorance of the facts.

    She also misstated facts concerning off-label prescriptions for drugs by resident doctors. One of the drugs we are talking about is Clomiphene. Both a resident doctor and an attending faculty physician at the teaching hospital advised me that they would be willing to write me (off-label) prescriptions for this drug, and the attending physician did indeed phone in a prescription for one of the drugs at my request. Similarly, the Dept. of Obstetrics and Gynecology (OB-GYN) advised me that their doctors, both resident and attending, have prescribed Clomiphene to patients. Therefore, residents in Family Medicine and OB-GYN (both primary care departments) can write prescriptions for Clomiphene, but “protocol” prevents residents in Internal Medicine (also primary care) from writing off-label prescriptions. What kind of a cockamamie rule is that? What, the residents in Internal Medicine are too dumb or too naive to understand off-label benefits of medicines?

    Finally, I had planned for my resident PCP to order and interpret blood tests each time I visited him. The administrator could have learned that fact if she had bothered to call or write me before jumping to conclusions and interfering in my doctor-patient relationship. I strongly reject the Director’s paternalistic view of medicine in which she feels she has to protect resident doctors from patients who order or interpret their own blood tests. These resident doctors are young professionals who have completed their medical degrees; they don’t need paternalistic oversight from a department administrator telling them who they can and cannot invite to be patients.

    Apparently, an overwhelming number of patients who visit this teaching hospital’s doctors want to be told what to do and how to feel. I am the exact opposite; I take personal responsibility for and manage my own health, which is strongly advocated under health care reform. Having a more equal, collaborative relationship with my PCP works for me, and that seems to be the true reason for the administrator’s interference. Studies show that medical malpractice rates drop with a non-paternalistic model of health care services. That fact of reducing litigation risks is pushing more health care systems across the country to migrate to a non-paternalistic model.

    LEGAL ANALYSIS

    I. Formation of Doctor-Patient Relationship

    The first question to address is whether, based on this fact pattern, a doctor-patient relationship was formed. When I gave the Internal Medicine resident doctor confidential information on two off-label drugs that I take, that act would be analogous to a prospective client approaching a lawyer with facts about his case to see if the lawyer will assist him. Contacting a lawyer this way does not create an attorney-client relationship. However, the lawyer is under an ethical duty to protect the confidentiality of the information shared by the prospective client. Similarly, the resident doctor was under an ethical duty to keep the information I shared with him confidential.

    When a lawyer responds to a prospective client, “I agree to take your case,” or “I will be your lawyer,” or words to that effect, then an attorney-client relationship is created, and the protection afforded to the client’s information rises to the level of constitutionally protected attorney-client privilege. In this case, when the resident doctor responded that he would be honored to be my PCP, we have offer and acceptance forming a contract. The offer-acceptance could be construed as my offering to be his patient, which he accepted, or his offer to be my PCP, which I accepted.

    But offer and acceptance are only two of the three required elements to form a contract. The third essential element is exchange of consideration, expressed in Latin as the quid pro quo. In this case, there were several separate exchanges of consideration that complete the formation of a contract and thereby render it enforceable in a court of law. Consideration is defined as some act or some transfer of an item from one party to the other, for which the receiving party had no legal right to otherwise obtain that consideration. There is no requirement that the consideration have intrisinc value. For example, the transfer of a scrap piece of paper can constitute valid consideration that renders a contract binding and enforceable.

    The initial disclosure of confidential information from my health history amounts to sufficient consideration. Second, the fact that both I and the doctor each began pursuing scheduling an appointment for me to see him is also consideration: neither of us had a prior legal right entitling us to that action by the other person. Third, when we continued to correspond after offer and acceptance, with additional information being shared back and forth, further consideration was exchanged. My sending the resident doctor a copy of one of my professional presentations was a fourth example of consideration. Finally, my request that my medical records be transferred to the resident doctor’s clinic constituted an obvious legal detriment based on reliance rendering the contract enforceable.

    If a lawsuit were filed for enforcement of this contract, I am confident that the plaintiff would overcome any attempt to dismiss the lawsuit by the teaching hospital’s attorneys based on the absence of a contract. Defendant might attempt to argue that no contract could be formed, because the resident doctor is not licensed. According to the website http://medical-dictionary.thefreedictionary.com/resident+physician, a “resident physician is a graduate and licensed physician receiving training in a specialty, usually in a hospital.” The resident’s licensing status would not prevent the formation of an enforceable contract, as we have in this fact pattern, for treatment in the supervised residents’ clinic.

    In court, we would pose a series of questions: 1) Is the resident a graduate of a medical school? Yes! 2) Was our conversation focused on health care treatment? Yes! 3) Does the resident see other patients (whether supervised or unsupervised) in the resident clinic? Yes! 4) Are the resident’s services billed to the U.S. government and to private insurers as the services of a doctor (not a student or a doctor’s aide)? Yes! 5) Did we both use the term PCP in describing our relationship? Yes. 6) Did the resident undertake to assist me in obtaining a medical appointment to see him? Yes! With these answers, any court of law is going to recognize if it looks like a duck, swims like a duck, and quacks like a duck, then it is a duck. Therefore, the defendant’s argument on licensing will be viewed as a red herring and will fail. In a similar vein, courts have noted “it is axiomatic that a doctor-patient relationship may arise from, briefly exist, and be limited by the unique circumstances presented in a transfer situation.” Sterling v. Johns Hopkins Hosp., 145 Md. App. 161 (Md. Ct. Spec. App. 2002). It does not matter how long the doctor has been seeing patients or how brief the contact with any given patient, a doctor-patient relationship can be formed.

    Selection of a PCP and other medical decisions are “core” private decisions. A fundamental tenet of privacy jurisprudence, as it has been applied to other types of personal matters, is that the individual most directly concerned is entitled to make and implement the protected decision autonomously and free from paternalistic government intrusion. See, e.g., Zablocki v. Redhail, 434 U.S. 374, 54 L. Ed. 2d 618, 98 S. Ct. 673 (1978) (decision to marry); Moore v. East Cleveland, 431 U.S. 494, 52 L. Ed. 2d 531, 97 S. Ct. 1932 (1977) (decision to live with extended family members); Griswold v. Connecticut, 381 U.S. 479, 14 L. Ed. 2d 510, 85 S. Ct. 1678 (1965)(reproductive choice). I would argue that the constitutional right to privacy also protects autonomy in selecting a PCP among a wide choice of available doctors, selecting which medications I want prescribed, and choosing what lab tests I want to order myself to monitor my health.

    In 2005, the Supreme Court of Arkansas provided the best statement in American jurisprudence on the elevated status of the doctor-patient relationship. The court noted the relationship of doctor-patient is unique. “The loss of this relationship, even temporarily, causes irreparable damage to the doctor and the patient. There is no adequate remedy at law because the loss is a loss of a one-time opportunity.” Baptist Health v. Murphy, 362 Ark. 506 (Ark. 2005)

    The court noted that the hospital had violated the Arkansas Department of Health rules and regulations for hospitals by failing to enforce policies that protected the doctor’s selection of patients and the patient’s choice of a physician. “We interpret this to mean that an otherwise qualified doctor must be granted access to his patient for the purpose of treating his patient, if that is what both the doctor and the patient want. Or, stated another way, a hospital cannot deny the services of a physician of the patient’s choice if the patient is already being seen by physicians at the hospital. Baptist Health v. Murphy, 362 Ark. 510-511 (Ark. 2005)

    Based on reading Baptist Health, I will now forward a copy of this article to the state Department of Health to determine whether the teaching hospital violated any of my state’s regulations requiring Tennessee-licensed medical centers to have policies or bylaws that respect the patient’s right to select his own physician. If so, then the teaching hospital is violating those regulations.

    II. Tennessee’s Tortious Interference Statute

    Tenn. Code Ann. § 47-50-109 is captioned, “Procurement of breach of contracts unlawful – Damages.” The administrator tortiously interfered in my doctor-patient relationship and prevented the resident doctor from performing his services under our contract. She therefore procured a breach of that contract. The administrator will argue that she was merely performing her duties, but that is no excuse for interfering in an existing doctor-patient relationship.

    Although Tennessee jurisprudence does not have a case on point, courts across the country have taken a dim view and expressed disapproval of employer interference in the doctor-patient relationship. For example, the U.S. Supreme Court stated, “The ethical objection has been that intervention by employer… makes a tripartite matter of the doctor-patient relation. Since the contract doctor owes his employment and looks for his pay to the employer… rather than to the patient, he serves two masters with conflicting interests.” United States v. Oregon State Medical Soc., 343 U.S. 326, 329 (U.S. 1952).

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    Source by Michael Guth

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  • In the Know: Health and Wellness Website Legalities

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    When Health Consulting Businesses are Legally Responsible

    One thing the internet is infamous for is being a source of advice for our health and well-being.

    It doesn’t matter where we turn there is someone with a website telling us what to do to lose weight, slow down ageing or treat our illnesses.

    We all do it. We aren’t feeling well so we type our symptoms into “Dr. Google” and voila, thousands of results telling us we have everything from a common cold to 6 months to live. We then take our results in hand to our doctor and tell him what we have.

    Sadly, professionals in the health care industry, doctors, therapists, dieticians and nutritionists all have an everyday fight with misinformation that is provided on the internet.

    If you are a blogger and have some experience with health-related issues, you may want to share this information with the world.

    Or, you may be a professional with some education on certain health-related subjects and want to use that information to boost your business online.

    Either way, you have to be very careful to follow the rules when it comes to providing health and wellness website information and advice to the masses.

    Legal Responsibilities for Providing Health-Related Advice

    So what are the legal issues for health consulting and coaching businesses when providing health-related information on a website?

    There have been more than a few lawsuits in past years that have stemmed from sharing of health and diet advice with others on the internet.

    In a recent lawsuit in North Carolina, a blogger changed his life and had experience with managing his Type 1 diabetes through use of the Paleo diet. He blogged about his efforts and when successful, he took his blogging a step further and began to share his meal plans and exercise regimens.

    Eventually, he began providing one on one sessions to advise his readers in the ways of his experience for a fee.

    In North Carolina, there is a misdemeanor law that makes it unlawful to practice dietetics or nutrition without a license. This blogger was charged with breaking this law and North Carolina Board of Dietetics/Nutrition is now threatening him with prison.

    Research All Governing Bodies’ Rules & Regulations

    When providing health and wellness information online, you must ensure you are following all the rules.

    Each governing body has separate rules on what information you can and cannot advise the public with regarding their health.

    Canada and the United States both have specific federal laws and then each province and state also have their own separate laws.

    If you are going to provide information, then you must look up those laws according to where you live and where you are doing business from. And to take it even a step further, you then you have to consider the audience you are targeting.

    A good guideline to follow if you are providing information on your health-related website is to ask yourself, are you being specific to a particular personal health situation. The blogger in the North Carolina lawsuit was doing OK with providing his personal experiences with the Paleo diet.

    His suggestions for exercise regimens or providing his personal diet plans on his health and nutrition website may even have been OK with the law but as soon as he started consulting one-on-one with individuals and providing advice, he was beyond sharing his personal experience and fell into the realm of providing medical expertise in an area where he was not legally certified to engage in.

    Remember, giving your opinion about a health-related subject or telling about your specific experience is one thing but if you are claiming to be an expert in anything on your health and nutrition website, you could be held accountable by the boards who are responsible for governing the public education on the subject and run into legal issues.

    You must not in any way claim or pose as something you are not if you are going to provide reliable health information.

    If you are handing out health or wellness advice you need to be very clear about what your education and expertise are and also be very careful of the legal issues surrounding any advice you do give.

    This is where working with a professional web development firm could help steer you in the right direction and ensure you are not posting anything that could cause you legal problems while operating your business. Consulting a lawyer who is well versed in these matters would also be very prudent.

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    Source by Susan Friesen

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  • Metcalfe’s Law And Multi Level Marketing Exponential Growth

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    You may be wondering what has Metcalfe’s Law got to do with your multi-level marketing business. Here is why, Metcalfe’s Law will effect a exponential growth to your multi-level marketing business if applied appropriately.

    According to Wikidepia, Metcalfe’s law states that the value of a telecommunications network is proportional to the square of the number of users of the system (n2). First formulated by Robert Metcalfe in regard to Ethernet, Metcalfe’s law explains many of the network effects of communication technologies and networks such as the Internet and World Wide Web. The number of unique connections in a network of a number of nodes (n) can be expressed mathematically as n*(n-1)/2.

    The law has often been illustrated using the example of fax machines: A single fax machine is useless, but the value of every fax machine increases with the total number of fax machines in the network, because the total number of people with whom each user may send and receive documents increases.

    To put Metcalfe’s Law into perspective, every new user in your case, your business partner or downline expands the possibilities for everyone else who’s already there. Thereby it is important to know this law because it likens to why you are build your multi-level marketing business. Know that your business will be spurred exponentially when it hit a certain point. And that each business partner is significant in contributing to this law.

    Therefore, hang in there and keep recruiting, because every new business partner you have in your multi-level marketing business, you are expanding the circle of possibilities.

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    Source by JY Chia

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