Saturday, March 21, 2020
Risk factors, staging, and treatment of breast cancer
Introduction Breast cancer is a disease that originates from the breast tissue and the curative time of the patient is dependent on the level of spread and to what organs it has spread to. In the advent of new technology, computer models have been programmed and developed to help in the staging process and determine how long a person is going to live. Advertising We will write a custom research paper sample on Risk factors, staging, and treatment of breast cancer specifically for you for only $16.05 $11/page Learn More With best treatments available, most of the breast cancer patients can survive up to ten years with a 98% to 10% disease free body within this period. On the other hand, it has been discovered that breast cancer is the most common type of cancer especially with women with the total percentage of 10% of all the kinds of cancer. This does not mean that it does not attack men but the probability is higher in women. If the diagnosis is fast a nd early, then the spread rate can be stemmed or even eliminated altogether. This requires the use of trained oncologists with the right equipments to be able to remove it from the stem altogether or if a cure is impossible then the patientââ¬â¢s life can be significantly prolonged with the aid of a cancer drugs. This is so because huge amounts of resources have been used in the research and the development of the breast cancer drugs that in effect help the body to combat the cancer by providing additional immune to boost the fighting power of the body. Additionally in the process of research, new methods that are effective the fight against drugs have been experimented and proven to be effective in the fight against the breast cancer. However, breast cancer remains a killer disease and more research needs to be conducted to ensure that its prevalence level is reduced (Hart, 2007). Age Age is very instrumental in determining the risk a woman has in getting breast cancer and the risk to get the breast cancer increases significantly as the woman ages. For instance it has been found that a woman living up to the age of 90 years has a risk factor of up to 14% to contact the cancer compared to a middle aged woman. The manner in which cancer attacks the two ageââ¬â¢s differences is quite different. Advertising Looking for research paper on health medicine? Let's see if we can help you! Get your first paper with 15% OFF Learn More In older women, the cancer spreads slowly and is not as severe but in younger woman it attacks more vigorously and is difficult to control. In addition, it has also been out that in most cases of breast cancer in older people, a higher depression rate among the patients was noted, and this contributes to the faster death as compared to the younger people. This is because young people have the necessary hope to fight on due to the life before them but the older people have lost hope in life and when they are diagnosed most tends to seclude themselves or live in denial. This means that in the research for breast cancer apart from trying to develop cures and ways to eliminate the cancer, lots of research should also be done on the psychological support programs to help stem this tide (Hart, 2007). Gender Men have a lower risk of getting breast cancer compared to women but the risk is appearing to be on the increase in men too. This has been noted especially in the men with prostate cancer and in the case a man is affected the prognosis even in the first stage is very aggressive and worse than in women. The treatment for the cancer in men is the same as the treatment for an older woman and is a combination of surgery radiation and chemotherapy. Genetics Change or mutations of genes in our bodies can also increase the probability of having cancerous cells in the breasts. This is supported by studies that explicitly show that up to 10% of all breast cancers are hereditary. This is supported by the fact that women with both hereditary genes of breast cancer gene 1 and breast cancer gene2 have a higher risk of developing breast cancer with women having breast cancer gene 1 accounting for over 5% of all the cancers that occur. Advertising We will write a custom research paper sample on Risk factors, staging, and treatment of breast cancer specifically for you for only $16.05 $11/page Learn More Human epidermal growth receptor 2(HER2) is another gene that is found on the surface on the human skin and can increase the chance or probability of acquiring breast cancer. This is caused by the over production of the HER2 cells when the gene is altered. If this happens, then aggressive tumor cells develop which account to about 25-30% of all the cancer patients. If the p53 gene undergoes mutation then the risk is even more. This is confirmed by the studies that have shown that women with this mutated gene have a poorer breast cancer outcome than those tha t do not posses this gene (Ellmann, 2009). Family history The family history deeply increases the risk of having breast cancer especially if a close member had the cancer. To the victims whose mother or father had the cancer then the risk doubles. The following people have a risk of having the cancer depending on the background and according to the genetics. These conditions can increase breast cancer Having relatives with breast cancer Having relatives with two different kinds of cancer Having a male relative with case or cases of breast cancer .If the same family is of Ashkenazi Jewish heritage then the odds are even more A family history that includes history of diseases such as hereditary breast cancer and diseases such as Li-Fraumeni or even Cowdens Syndromes Diet It has been shown that there are higher rates and incidence of the breast cancer in areas that have high fat yield content in their diet like in the USA compared with the low fat yield places like Japan. However, th e link between the two is not straight and is dependent on the type of fats that a woman has. Monounsaturated fats are linked to low breast cancer risk compared with polyunsaturated fats that have a slightly higher prevalence. A study was conducted in the USA that showed that despite the link between the diet and the cancer, the reduction of fats in the diet does not automatically mean or lead to a reduction in the risk of having the breast cancer. However, it was found out that there is a 9% reduction rate in the postmenopausal women if they followed a strict low fat diet. In the end, it was decided that the cutting of fats in the diet can cause a reduced rate of risk in some women but they did not have the necessary solid evidence to make conclusions. Hormone replacement therapy Recent studies have indicated the use of this kind of therapy can add to the risk of breast cancer. In the year 2002 a study was carried out by the group Women heath initiative and it was found out that in they were eight cases of invasive breast cancer in about 10000 women. This represented an increase of about 26% compared to those who did not have the hormone replacement therapy. Advertising Looking for research paper on health medicine? Let's see if we can help you! Get your first paper with 15% OFF Learn More On the same note, it was found out that between the years 2002 and 2003 there was an increase in the prevalence rate of the breast cancer. Although the tests and the results are not conclusive or even solid, this little link has alarmed experts who believe that women seeking hormone replacement therapy should consult an expert on the matter to ensure that they are well informed (Foster, 2008). Tobacco It had not been discovered that tobacco smoking could cause an increase of breast cancer until the beginning of the mid 1990ââ¬â¢s when a number of studies were conducted on the same topic. The study had disturbing results that predicted a higher risk rate for both active and passive smokers. Based on the epidemiological studies and the mammary carcinogens, the rate had reached 70% by 2005. In the year 2006, another study was done which pegged the risk rate at a higher rate due to the risk of non-smokers who are passive smokers. This is especially rife in young women who can suffer from an increased risk rate of up to 70% if they are in their primary pre-menopausal stage because at this stage, the breast tissue is sensitive to the carcinogens; they are still young, and not fully developed Staging of breast cancer This process is used to determine the level in which the cancer has attacked the body making a diagnosis. Knowing the stage of the cancer is very important since the doctor gets to know the best way on which to offer treatment and how to determine the prognosis of the cancer (Foster, 2008). The staging is done in stages that are: Stage 0: This is called the pre-cancerous state because the cancer cells are located in the milk duct and have not yet spread to the breast tissue or have not invaded the nodes or distant sites. Such cancers like lobular carcinoma can be classified as stage 0 cancer. Stage 1: The cancer has started spreading to the other parts of the breast and the tumor is less than 2cm long however the cancer cells have not spread to the lymph nodes or even the distant cells. Stage II: This stage is divided into two categories namely stageIIA and stageIIB. In stage II, the tumor will be located and restricted to the breast with no further spreading. Finally, the tumor can be more than 2cm but less than 5cm and has not yet spread to the auxiliary nodes or the distant sites. StageIIB can involve cancer cells that have a tumor larger the 2cm but being less than 5cm. At this stage, the cancer cells will have spread to auxiliary nodes but the distant cells will be safe. In addition, during the later stages of the stage, the tumor is more than 5cm long but the spread to the chest walls will not have started. This stage also has the cells localized and have not spread to the distant sites Stage III has three sub categories that are categorized according to the level of spreading the cancer has undergone. In stageIIIA, the tumor is less than 5cm in diameter and the cells have spread to 4-9 auxiliary nodes but not to the dis tant sites. The tumor can be larger than 5cm in diameter and the cells having spread to the mammary nodes but the distant sites will still be healthy. In stageIIIB,the tumor can take up any size and the spread will have encroached the chest walls. The spreading of the cancer can be to the auxiliary nodes in the breast themselves or the lymph nodes that are near the breastbones. Finally in stageIIIC the tumor can be of any size and the cancer cells having spread to 10 0r more of the auxiliary cells or even to 1 or more of the regional lymph nodes or even to the internal mammary glands StageIV: At this stage, the tumor can take up any size depending on the attack and the cancerous cells might have spread to the lymph nodes that are nearby. In most cases, the cells will have spread to the distant cells (Foster, 2008). Treatment of cancer Treatment of breast cancer is dependent on the stage the cancer is and the whether the cells are sensitive to hormones. Personal preferences also com e into effect with many people preferring one method of treatment to another because of their own reasons. Overall, these methods are all-effective and are all instrumental in ensuring that all the cells are ejected from the body. Treatment methods The most common method is surgery. In surgery, there are many forms all depending on the level of spread and the staging. A lumpectomy is an effective way ot breast cancer treatment because the removes the entire tumor plus some surrounding cell tissues that are healthy. This method is however reserved for the smaller tumors. The entire breast can also be removed (mastectomy).In this method the doctor usually removes all the breast tissue and all the parts that border or are integral with the breast. The surgery can also be performed by removing one lymph node, this is because the cancer will have spread to that lymph alone and if removed the chance of finding cancer in other cells is very low to the point that the surgeon leaves all the other parts intact. On the other hand, several lymph nodes can also be removed depending on the level of spread (Ellmann, 2009). Radiation therapy ââ¬Å"This kind of therapy involves the use of high-powered beams of energy to kill the cancer cellâ⬠(Ellmann, 2009, p. 49). It is done using a big machine that emits the rays to ensure that all the cancerous cells are killed. In most cases, some doctors will recommend this therapy instead of mastectomy to be able to save the entire breast tissue. Chemotherapy ââ¬Å"This process involves the use of drugs to destroy the cancer cellsâ⬠(Connolly, 2008, p. 52). Some doctors can recommend chemotherapy after surgery to avoid the cells forming again and it can be used before surgery to allow the tumor to shrink to a level where it can be safely removed. It is used in women whose breast cancer has spread to the other organs present in the body Hormone therapy ââ¬Å"This is another of treatment to treat breast cancers especially is the cells are sensitive to hormonesâ⬠(Backus, 2005, p. 379). It can be used after a surgery to make sure that the cancer does not rejuvenate or it can be used to reduce the size of the tumor before any surgery can be done. The drugs also prevent the hormones from attaching themselves to the cancer cells or they help to eliminate the production of estrogen especially in menopausal women . One disadvantage of these drugs is that they are only used for postmenopausal women. Herceptin breast cancer metastatic treatment Due to the increased level of research and dedication, new methods have been developed to curb the spread of breast cancer. One of this is by the use of herceptin breast cancer metastatic treatment. This kind of therapy is injected in the body by the use of a needle and can be used together with the other types of breast cancer drugs .It is new and still not in use especially in the developing world but its use is catching on. References Backus, M. (2005). Is the re a role for iodine in breast. The Breast, 10 (5), 379ââ¬â382. Connolly, T. (2008). Robbins Basic Pathology. Philadelphia: Saunders. Ellmann, R. (2009). Breast carcinoma in men: a population-based study. Cancer, 101 (1), 51ââ¬â58. Foster, J. (2008). Metalloestrogens: an emerging class of inorganic xenoestrogens with potential to add to the oestrogenic burden of the human breast. Journal of Applied Toxicology, 26 (3), 191ââ¬â198. Hart, C. (2007). Breast Cancer. London: Faber Faber. This research paper on Risk factors, staging, and treatment of breast cancer was written and submitted by user Laila Good to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.
Thursday, March 5, 2020
Separation of Powers â⬠Government Essay
Separation of Powers ââ¬â Government Essay Free Online Research Papers The Separation of Powers is a principle of the constitution rather than a legal rule applied by the courts. The Doctrine of the Separation of Powers is particularly associated with Montesquieu. The principle of the Separation of Powers is that the three branches; the executive, the legislature and the judiciary, should be SEPARATE, UNIQUE and EQUAL. There should be a clear separation between the people and functions of the legislature, executive and judiciary, otherwise Montesquieu said there will be ââ¬Å"tyrannyâ⬠. However this does not mean that the bodies should have no power over each other, Blackstone argued that what is required is a ââ¬Å"check and balanceâ⬠system between them, this is referred to as the theory of mixed government. If the branches were completely separate it would be unworkable, particularly as the Parliament is Supreme. There should be sufficient interplay between the branches, for example, the executive proposes legislation, Parliament debates and passes the law, and the judiciary uphold the Acts of Parliament. In the United States there is a formal separation of powers, with a deliberate system of checks and balances. In the UK the separation of powers is informal, but the three branches are identifiable. In the UK the powers and people are mostly but not completely separate. In fact, both the Queen and the Lord Chancellor are in all three branches. The Queen appoints government ministers (the executive) The Queen appoints judges, and justice is dispensed in the name of the Queen. The Queen formally summons Parliament (the legislature) and must give the Royal Assent to a Bill to make it into Law. The Lord Chancellor is a senior judge and head of the judiciary. As a member of the HL appellate committee and Privy Council he will participate in decisions which affect both common law and statutory interpretation. The requirements of judicial impartiality have been questioned in McGonnell v UK (2000) He is also chair/speaker of the House of Lords (legislature) He is a member of the Government (executive) and appointed by the Prime Minister. The position of the Lord Chancellor has been widely criticised. The Constitutional Reform Act 2005 provided for the abolition of the post but this has not happened yet. The position of Secretary of State for Constitutional Affairs has already been created and will assume many of the Lord Chancellorââ¬â¢s duties when it is abolished, but the current Lord Chancellor remains in all three branches. However the post has been defended, particularly by previous Lord Chancellors. Lord Hailsham said that the independence of the judiciary and the rule of law should be defended from inside the Cabinet as well as inside Parliament. THE INDEPENDENCE OF THE JUDICIARY The Lord Chancellor appoints senior judges, but the Constitutional Reform Act 2005 recommends a Judicial Appointments commission. Judges hold office during good behaviour, and are removable only by the Queen on an address to both Houses of Parliament. Judicial salaries are relatively high to ensure an adequate supply of candidates of sufficient calibre. Cannot be a Member of Parliament. Cannot adjudicate on cases where he has an interest (Dr Bonhamââ¬â¢s Case, Dimes v Grand Junction) or bias (Re Pinochet Ugarte 1998) Immunity from legal action in relation to their judicial functions. Executive/Legislature The members of the government must be drawn entirely from the Houses of Parliament. To put it another way, the executive is completely made up of people who are already members of the legislature. Government Ministers continue to sit as ââ¬Å"normalâ⬠members of the legislature in addition to their ministerial responsibilities. This is a very clear example of there being no formal separation of powers. By convention the PM must be a member of the House of Commons. The British electoral system combined with the Party system produces a dominant executive that actually sits within the legislature. The legislature has delegated powers to Ministers to create statutory instruments (delegated legislation). Therefore individual members of the executive can themselves actually legislate. However this is subject to Parliamentary scrutiny. In ex parte Fire Brigade [1995] the court held that it was unlawful for the Home Secretary to introduce changes to a scheme which were incompatible with an Act of Parliament. Many of the Queenââ¬â¢s prerogative powers are now actually used by her Ministers. Ministers can use their prerogative powers to legislate without the consent of Parliament. However to some extent this is limited by judicial review. Despite the lack of separation of people, many people who are already members of the ââ¬Å"executiveâ⬠such as civil servants, the police and members of the armed forces (as well as members of the judiciary) are barred from becoming an MP and joining the legislature by the House of Commons Disqualification Act [1975]. This Act also limits the number of MPs that can become ministers as a check on executive power. CHECKS ON EXECUTIVE BY LEGISLATURE To hold the executive to account there are several ââ¬Å"checksâ⬠on executive power. Every government is dependent upon parliament for its survival in office ââ¬â no matter how big the majority the government has, if they lose a vote of confidence convention forces the government to resign and a general election to be called as in the Callaghan Government of 1979. Parliamentary procedures are designed to scrutinise legislative proposals and the government will not always get its own way, PACE 1984 was substantially altered due to pressure from MPs from all sides. Question Time, debates and select committees all ensure the accountability of government to Parliament. The opposition gets several days per Parliamentary session to hold debates on subjects of their choosing. The House of Lords can amend and delay most Bills for up to a year before the Parliament Acts 1911 1949 take effect (bypassing the Lords and going straight to the Queen for the Royal Assent). Rather than have its proposals delayed the government may prefer to compromise its proposals or accept amendments made by the House of Lords. This shows the legislature holding the executive to account. Executive/Judiciary Most prerogative powers are exercised by the government in the name of the crown. In CCSU v Minister of state for Civil Service [1985], (the GCHQ case) the House of Lords ruled that executive power can be judicially reviewed even if it comes from a royal prerogative, but there are many subjects which judges should not review as it is for the democratically elected executive to decide. For example judges will not review the decision to go to war. There is a convention that members of the executive should not criticise judges. This is often ignored ââ¬â Mrs Thatcher criticised the light sentence given to a child molester. Also this rule only applies to members of the executive, not normal MPs. Also a judge who said a rape victim was guilty of contributory negligence was criticised in Parliament. Judges are not chosen on party political grounds. The pay of judges is set independently ââ¬â to preserve judicial independence. Judicial Review is designed to keep those people or bodies that have had powers delegated to them within those powers. So if a minister or a local authority exceeds the powers that Parliament has given it, the courts will nullify the decision and require that the decision maker makes a decision according to the correct procedure. As judicial review is concerned with the process of taking the decision rather than the merits of the decision itself, it could be said that the judiciary are upholding the will of Parliament in controlling the powers it has delegated. Judicial review is paradoxical, because it could be said that the judiciary are upholding both the Rule of Law and the Supremacy of Parliament, but at the same time they are acting as a check on executive power, arguably infringing the Separation of Powers! For example if Parliament gives powers to a Minister to ââ¬Å"act as he sees fitâ⬠to what extent is it proper for a court to question his decision-making power? In R v SSHD ex parte Anderson [2002] it was held that the Home Secretary exercising judicial functions in fixing the sentence of a murderer was a breach of Article 6 ECHR. Judges are often appointed by the executive to chair official enquiries, such as into the death of David Kelly. Judicial enquiries leave judges open to criticism. Legislature/Judiciary As stated above judges cannot become members of the House of Commons under the House of Commons Disqualification Act [1975]. The Law Lords (the members of the highest court in the land), sit in the House of Lords which is part of the legislature, but by convention they do not participate in party political disputes. Sub Judice rule ââ¬â MPs cannot raise court proceedings in debate. The legislature cannot tell the judiciary how to decide a case. To protect their independence it is extremely difficult for the legislature to dismiss a judge. S11 (3) Supreme Court Act [1981] judges of the High Court and above who hold office during good behaviour are subject to a power of removal by the queen on an address presented by both houses of Parliament. The judiciary accept the supremacy of Parliament ââ¬â that Parliament can make any law it wants, but it insists that it has the right to interpret its meaning. It is said that judges legislate when they decide cases and create precedent. However they will give preference to statute over case law (War Damage Act 1965 / Burmah Oil v Lord Advocate) showing that Parliament is supreme. Also the doctrine of precedent, expressed in the words stare decisis limits the discretion of the court as they have to apply the rulings of the higher courts. In Shaw v DPP, it was said that judges interpret and apply the law they do not create it. Unlike in the USA, the judiciary cannot declare primary legislation (Acts of Parliament) unconstitutional, but they can review secondary (delegated) legislation. CONCLUSIONS The UK is becoming increasingly concerned with the Separation of Powers, particularly with Article 6 of the ECHR ââ¬â The Constitutional Reform Act 2005 reforms the office of Lord Chancellor and the Law Lords will stop being in the legislature and have their own Supreme Court away from Parliament. It is trying to ensure the independence of the judiciary. But a full separation of powers is very unlikely as that would require an executive completely separate from the legislature and a new way of electing a Prime Minister, the UK is not ready for that. The UK does have a kind of Separation of Powers, but unlike the United States it is informal. Blackstoneââ¬â¢s theory of ââ¬Å"mixed governmentâ⬠with checks and balances is more relevant to the UK. It could be said that Judicial Review is the Separation of Powers working at its best ââ¬â The JUDICIARY ensure that the EXECUTIVE do not exceed the powers that Parliament has given them, thereby upholding the will of the LEGISLATURE. The separation of powers is not an absolute or predominant feature of the UK constitution. The three branches are not formally separated and continue to have significant overlap. However it is a concept firmly rooted in constitutional thought. It allows the judiciary to remain independent and to refrain from matters more appropriately left to the executive or legislature. Especially relating to prerogative powers and Parliamentary privilege. While the doctrine is not always respected it remains an influential body of thought that ought not to be ââ¬Å"lightly dismissedâ⬠(Munro). 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