A Review of Lawsuits Related to Point-of-Care Emergency Ultrasound Applications

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Stolz, Lori

2014-12-01

Full Text Available Introduction: New medical technology brings the potential of lawsuits related to the usage of that new technology. In recent years the use of point-of-care (POC ultrasound has increased rapidly in the emergency department (ED. POC ultrasound creates potential legal risk to an emergency physician (EP either using or not using this tool. The aim of this study was to quantify and characterize reported decisions in lawsuits related to EPs performing POC ultrasound. Methods: We conducted a retrospective review of all United States reported state and federal cases in the Westlaw database. We assessed the full text of reported cases between January 2008 and December 2012. EPs with emergency ultrasound fellowship training reviewed the full text of each case. Cases were included if an EP was named, the patient encounter was in the emergency department, the interpretation or failure to perform an ultrasound was a central issue and the application was within the American College of Emergency Physician (ACEP ultrasound core applications. In order to assess deferred risk, cases that involved ultrasound examinations that could have been performed by an EP but were deferred to radiology were included. Results: We identified five cases. All reported decisions alleged a failure to perform an ultrasound study or a failure to perform it in a timely manner. All studies were within the scope of emergency medicine and were ACEP emergency ultrasound core applications. A majority of cases (n=4 resulted in a patient death. There were no reported cases of failure to interpret or misdiagnoses. Conclusion: In a five-year period from January 2008 through December 2012, five malpractice cases involving EPs and ultrasound examinations that are ACEP core emergency ultrasound applications were documented in the Westlaw database. All cases were related to failure to perform an ultrasound study or failure to perform a study in a timely manner and none involved failure to

Errors and malpractice lawsuits in radiology: what the radiologist needs to know.

Science.gov (United States)

Busardò, Francesco Paolo; Frati, Paola; Santurro, Alessandro; Zaami, Simona; Fineschi, Vittorio

2015-09-01

All medical specialties dealing with patients include an intrinsic risk in exposing them to issues resulting from human errors. Radiology is not spared from this risk since it includes "decision-making under conditions of uncertainty." In medical imaging, the line between the word "error" and misdiagnosis or discrepancy is very difficult to demarcate, mainly because the diagnostic process is not a binary relation and it is not always possible to establish if a pathological condition is present or not. The error in radiology is strongly related to the diagnostic process; hence, it can be defined as a "diagnostic error" which represents the most common cause of medical malpractice suits against radiologists. In this paper, the authors described the features of errors occurring in radiology, trying to establish their impact and prevalence. Secondly, some data coming from different countries were compared in order to highlight the most frequent causes leading to malpractice lawsuits in radiology and how the phenomenon of malpractice in this field is represented worldwide.

Medical Advice from Lawyers: A Content Analysis of Advertising for Drug Injury Lawsuits.

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Tippett, Elizabeth

2015-01-01

This study examined the medical information contained in a sample of television ads soliciting consumers for lawsuits against drug and medical device manufactures. Almost all such ads involved drugs or devices that have not been recalled and remain on the market. These ads raise important public health questions because they may influence the prospective medical decisions of viewers. The ads contained extensive descriptions of serious adverse events associated with the drugs or devices but almost uniformly failed to disclose information relating to the likelihood of such events. They also failed to effectively advise viewers to consult a doctor. Results also identified a subset of ads that mimicked public service announcements, claiming to be. a "medical alert" "consumer alert" or "FDA warning" at the start of the ad. Most such ads did not disclose the attorney source of the advertising until the final few seconds.

The Judicialization of Health and the Quest for State Accountability: Evidence from 1,262 Lawsuits for Access to Medicines in Southern Brazil

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Socal, Mariana P.; Amon, Joseph J.

2016-01-01

Abstract The impact of increasing numbers of lawsuits for access to medicines in Brazil is hotly debated. Government officials and scholars assert that the “judicialization of health” is driven by urban elites and private interests, and is used primarily to access high-cost drugs. Using a systematic sample of 1,262 lawsuits for access to medicines filed against the southern Brazilian state of Rio Grande do Sul, we assess these claims, offering empirical evidence that counters prevailing myths and affirms the heterogeneity of the judicialization phenomenon. Our findings show that the majority of patient-litigants are in fact poor and older individuals who do not live in major metropolitan areas and who depend on the state to provide their legal representation, and that the majority of medicines requested were already on governmental formularies. Our data challenge arguments that judicialization expands inequities and weakens the universal health care system. Our data also suggest that judicialization may serve as a grassroots instrument for the poor to hold the state accountable. Failing to acknowledge regional differences and attempting to fit all data into one singular narrative may be contributing to a biased interpretation of the nature of judicialization, and limiting the understanding of its drivers, consequences, and implications at local levels. PMID:27781011

The gene patent controversy on Twitter: a case study of Twitter users' responses to the CHEO lawsuit against Long QT gene patents.

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Du, Li; Kamenova, Kalina; Caulfield, Timothy

2015-08-25

The recent Canadian lawsuit on patent infringement, filed by the Children's Hospital of Eastern Ontario (CHEO), has engendered a significant public debate on whether patenting genes should be legal in Canada. In part, this public debate has involved the use of social networking sites, such as Twitter. This case provides an opportunity to examine how Twitter was used in the context of this gene patent controversy. We collected 310 English-language tweets that contained the keyword "gene patents" by using TOPSY.com and Twitter's built-in search engine. A content analysis of the messages was conducted to establish the users' perspectives on both CHEO's court challenge and the broader controversy over the patenting of human DNA. More specifically, we analyzed the users' demographics, geographic locations, and attitudes toward the CHEO position on gene patents and the patentability of human genes in principle. Our analysis has shown that messages tweeted by news media and health care organizations were re-tweeted most frequently in Twitter discussions regarding both the CHEO patent infringement lawsuit and gene patents in general. 34.8% of tweets were supportive of CHEO, with 52.8% of the supportive tweets suggesting that gene patents contravene patients' rights to health care access. 17.6% of the supportive tweets cited ethical and social concerns against gene patents. Nearly 40% of tweets clearly expressed that human genes should not be patentable, and there were no tweets that presented perspectives favourable toward the patenting of human genes. Access to healthcare and the use of genetic testing were the most important concerns raised by Twitter users in the context of the CHEO case. Our analysis of tweets reveals an expectation that the CHEO lawsuit will provide an opportunity to clear the confusion on gene patents by establishing a legal precedent on the patentability of human genes in Canada. In general, there were no tweets arguing in favour of gene patents

Caracterização de demandas judiciais de fornecimento de medicamentos "essenciais" no Estado do Rio de Janeiro, Brasil Characterization of lawsuits for the supply of "essential" medicines in the State of Rio de Janeiro, Brazil

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Vera Lúcia Edais Pepe

2010-03-01

Full Text Available O reconhecimento do direito à saúde possui duas repercussões práticas: a responsabilidade ética e legal do poder público em assegurar atenção integral à saúde da população, e a possibilidade de o cidadão reivindicar judicialmente o cumprimento desta obrigação estatal. Este estudo objetivou pesquisar as demandas de medicamentos considerados essenciais nas decisões da 2ª instância do Tribunal de Justiça do Estado do Rio de Janeiro, Brasil, em 2006. Foram analisados 185 processos e em três casos o pedido foi negado. Os tempos medianos entre início da ação e decisão liminar, sentença na 1a instância, e acórdão na 2ª instância, foram de 7, 239 e 478 dias, respectivamente. Em 98 processos o medicamento pode ser identificado e em 80,6% havia solicitação de ao menos um medicamento não pertencente aos elencos oficiais. Isto sugere que, além de problemas relacionados à aquisição, distribuição e dispensação de itens listados, os não selecionados em listas oficiais foram também grande motivação da demanda. Os medicamentos mais solicitados foram os dos sistemas cardiovascular e nervoso central.Recognition of the right to health raises two practical issues: the government's ethical and legal duty to ensure comprehensive health care and citizens' recourse to legal action to guarantee this right. This study focused on lawsuits to demand "essential" medicines, filed at the State Court of Appeals in Rio de Janeiro, Brazil, in 2006. One hundred and eighty-five suits were examined, and the claims were granted in all but three cases. Median times between filing the suit, the injunction, first ruling, and appellate ruling were 7, 239, and 478 days respectively. In 80.6% of the 98 suits in which the specific medicines could be identified, at least one drug did not belong to any publicly funded list of medicines. This could indicate that lawsuits demanding "essential" drugs were motivated not only by problems in procurement

[The analysis of the judicial practice of treating the civil lawsuits concerning the inadequate dental health service appeals launched by the patients in the Russian Federation during the period from 1993 to 2017].

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Andreeva, S N; Gusarov, A A; Fetisov, V A

2018-01-01

The objective of the present study was to elucidate the characteristic features and peculiarities in the dynamic of the civil legal proceedings concerning the quality of the stomatological aid to the population of the Russian Federation during the period from 1993 to 2017. We have undertaken the analysis of the official sources containing the court reports on the statements of claim launched by the patients. The study gave evidence of the currently well apparent sustained tendency toward the increase in the number of such civil lawsuits. The probabilities of legal proceedings in connection with the unfavourable outcomes of the dental treatment are roughly identical in all areas of the stomatological practice. The maximum number of the respective civil lawsuits arise from the claims of the patients against the dental surgeons employed by the healthcare settings designated as the limited liability companies. The majority of the statements of case coming from the patients contain the demanding financial claims for the compensation of the moral damage. It is concluded that the aforementioned tendencies in the strategy of the development of the stomatological aid for the population of the Russian Federation dictate the necessity of the priority development of the quality standards (including the clinical guidelines, protocols, etc.) designed to improve the medical assistance for the patients presenting with dental problems, the modernization of the validated methods for the evaluation of the effectiveness of the stomatological aid for the population, the implementation of the measures needed to introduce the mechanisms of professional liability insurance into the routine stomatological practice. These measures are believed to allow to meet the demand of the population of this country for the high-quality stomatological services.

TANGGUNG JAWAB PERDATA DI DALAM PELAYANAN MEDIS: SUATU TINJAUAN DARI SEGI HUKUM PERDATA MATERIIL

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Siti Ismiati Jenie

2015-02-01

Full Text Available Civil lawsuit on medical liability could be conducted through two legal actions, namely lawsuit based on breach of contract and lawsuit based on tort. The significant difference between them is that lawsuit based on breach of contract is based upon contractual liability, thus, there had to be a therapeuttic contract prior to the lawsuit and the plaintiff had to prove that the defendant had not conducted their duties properly, so that the plantiff suffred damages. On the other hand the other lawsuit is a legal action on liability based on fault so the plantiff had to prove that the defendant had done un unlawful! action which caused demages to the plantiff.

Racionalidade terapêutica: elementos médico-sanitários nas demandas judiciais de medicamentos Racionalidad terapéutica: elementos medico-sanitarios en las demandas judiciales de medicamento Rational therapeutics: health-related elements in lawsuits demanding medicines

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João Mauricio Brambati Sant'Ana

2011-08-01

carentes de subsidios clínicos y diagnósticos trae complicaciones de tipo gerencial y sanitaria al sistema de salud, ya que comprometen la asistencia farmacéutica regular y fomentan el uso irracional de medicamentos.OBJECTIVE: To characterize the main medical, scientific and health-related procedural elements upon which decisions are made in individual lawsuits demanding medicines that are considered essential to the Court of Justice. METHODS: Retrospective descriptive study based on 27 cases ruled on by the Court of Appeals in Rio de Janeiro, Southeastern Brazil, in 2006. The original proceedings were solicited from the Central Archive of the Court of Justice of the State of Rio de Janeiro and were photographed and analyzed in full. RESULTS: Prescriptions and medical certificates were present in 100% of the lawsuits. All prescriptions lacked conformity to legislation. No expert medical reports were added, and only 7.4% of the lawsuits presented complementary examinations. In spite of the scarcity of medical information present in the records, all of the demands were granted. CONCLUSIONS: The admission of judicial demands devoid of clinical and diagnostic substantiation results in managerial and health-related constraints on the health system. Besides creating havoc in standard pharmaceutical services, badly justified medicine demands may compromise rational drug use.

试析涉诉信访的社会矛盾化解能力%Research on Conflict- solving Capacity of Complaint Letters and Visits Involved in a Lawsuit

Institute of Scientific and Technical Information of China (English)

宋心然

2012-01-01

As a particular right to remedy and a system to resolve disputes in contemporary China, complaint letters and visits involved in a lawsuit are considered as an important way to solve social conflicts. However, owning to the particularity for such letters and ,visits to resolve disputes and provide remedy, it is hard for them to become an effective method to resolve social conflicts. On the contrary, it will probably bring more problems, and drive appeals and visits into a circulation, resulting in conflicts continuing to upgrade.%涉诉信访作为当代中国一项特有的权利救济和纠纷解决机制，被视为化解社会矛盾的重要渠道。但是，涉诉信访处理纠纷和提供救济的特殊性，决定了它很难成为化解矛盾的手段，而极可能成为产生问题的途径，使“诉”与“访”形成循环，导致矛盾不断升级。

Urgensi Hukum Perikatan Islam dalam Penyelesaian Sengketa Ekonomi Syariah

OpenAIRE

Fauzi, Achmad

2009-01-01

This article is aimed to oversee sharia economic legal lawsuit through litigation in court with analyzing judge capability in this lawsuit. This issue is important because every sharia economic activities is based on what contract (akad) contains. The article analyses law of engagement based on Indonesia civil law or Borgelijk Wetboek (BW), law of convention based on sharia economic law compilation, sharia court authority, and sharia economic lawsuit solution steps through litigation. It conc...

Judicial demand of medications through the Federal Justice of the State of Paraná

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Nisihara, Renato Mitsunori; Possebom, Ana Carolina; Borges, Luiza de Martino Cruvinel; Shwetz, Ana Claudia Athanasio; Bettes, Fernanda Francis Benevides

2017-01-01

ABSTRACT Objective To describe the profile of lawsuits related to drug requests filled at the Federal Justice of the State of Paraná. Methods A cross-sectional study, and the data were obtained through consulting the lawsuits at the online system of the Federal Justice of Paraná. Results Out of 347 lawsuits included in the study, 55% of plaintiffs were women, with a median age of 56 years. Oncology was the field with more requests (23.6%), and the highest mean costs. A wide variety of diseases and broad variety of requested drugs were found in the lawsuits. Approximately two-thirds of them were requested by the brand name, and the most often requested drugs were palivizumab and tiotropium bromide. Only 14.5% of the requested medicines were registered in the National Medication Register. The Public Defender’s Office filled actions in 89.6% of cases and all lawsuits had an interim relief. The mean time for approval was 35 days and 70% of requests were granted. Conclusion Oncology was the field with the highest demand for medicines at the Federal Justice of Paraná in 2014. A great variety of medications was requested. The Public Defender´s Office represented most lawsuits. All demands had an interim relief, and the majority of requests were granted, within an average of 35 days. PMID:28444095

Roadway related tort liability and risk management.

Science.gov (United States)

2010-06-01

This workbook provide government employees background information related to tort liability and risk management. Past experience with lawsuits against government entities are summarized. The reasons for the lawsuits and results are analyzed. The obje...

Patient satisfaction is a best practice.

Science.gov (United States)

2009-10-01

There are several best practices ED physicians and nurses can adopt to minimize the likelihood of a lawsuit, but perhaps none is more important than ensuring high patient satisfaction scores. Research shows a definite correlation between increasing patient satisfaction and decreasing the medical malpractice frequency. Bad outcomes are more likely to lead to lawsuits if the patient doesn't like their doctor or nurse. Being attuned to patients and their perspective is one of the best ways to prevent complaints, which eventually can lead to lawsuits.

Pathologists and the judicial process: how to avoid it.

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Epstein, J I

2001-04-01

This review article covers the full range of issues concerning malpractice as it relates to pathologists. Following a brief summary as to the incidence and general statistics on the outcome of lawsuits as well as common pathology misdiagnoses resulting in lawsuits, the definition of malpractice is discussed. These include duty, breech of standard of care, proximal cause, and damage. Details are provided as to what a pathologist should do from the initial threat of a lawsuit, to the initial lawsuit, and through the initial physician/lawyer meeting. An in-depth analysis as to how pathologists should handle themselves through the discovery process and, in particular, deposition is provided. Plaintiff attorneys' goals at deposition are covered in depth. These goals include: 1) education about the pathologist's case and strategies; 2) impeachment of the pathologist's credibility; and 3) judgment as to how effective a witness the pathologist will be at trial. Various types of plaintiff's attorney at deposition are summarized. Also discussed is the post-deposition meeting with the legal representative, whether to settle, and specific issues relating to trial. Finally, general tips on how to avoid a lawsuit in pathology are reviewed.

Um enfoque sanitário sobre a demanda judicial de medicamentos A sanitary focus on medicines lawsuit

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Tatiana Aragão Figueiredo

2010-01-01

Full Text Available No Brasil, apesar dos avanços da assistência farmacêutica, permanecem falhas na garantia do acesso dos cidadãos aos medicamentos pelo Estado. Nos últimos anos, vem crescendo a reivindicação de medicamentos por parte do cidadão via sistema judiciário. Os objetos dessas solicitações são tanto os medicamentos em falta na rede pública como aqueles ainda não incorporados pelo Sistema Único de Saúde. Este fenômeno pode ser analisado sob diferentes perspectivas, inclusive a sanitária, entendida aqui como os desfechos sobre a saúde dos indivíduos que demandam estes medicamentos. O presente texto busca discutir as principais características das demandas judiciais frente aos seguintes aspectos: o uso racional de medicamentos, o uso de evidências científicas para a indicação terapêutica proposta e o quanto as demandas se justificam diante do conceito de acesso adotado pelo campo da assistência farmacêutica. Ponderações podem ser feitas no sentido de minimizar os riscos à saúde dos demandantes de medicamentos por via judicial, sobretudo quando o objeto da ação são medicamentos não pertencentes às listas de fornecimento público, ou com uso off label, ou desprovidos de registro no país. Considera-se que o Judiciário, a partir do fornecimento de medicamentos, busca garantir a saúde dos demandantes, e assim a dignidade da pessoa humana. Cabe ressaltar que este objetivo só será atingido quando a garantia da saúde estiver associada aos aspectos que certificam a segurança do paciente, inclusive no uso de medicamentos.In Brazil, in spite of advances in the field of pharmaceutical care, problems in assurance, by the State, of access to medicines persist. Since the early 1990s, the judicial demand of medicines by citizens has increased. The lawsuits demand medicines that are out-of-stock in the public sector as well as medicines that have not yet been incorporated by the Brazilian Health System. This phenomenon may be

Mismanaging Concussions in Intercollegiate Football

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Moser, Austin; Miller, John J.

2014-01-01

In 2011, Adrian Arrington filed a class action lawsuit against the National Collegiate Athletic Association (NCAA) on behalf of himself and other athletes who had sustained concussions that resulted in long-term injuries. In the lawsuit, Arrington alleged that the NCAA employed a negligent approach to concussed student-athletes.

Educational Malpractice and Academic Negligence in Private Schools: Legal Implications for School Administrators

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Hassan, Saman

2009-01-01

The current litigious climate in the United States has resulted in a notably high frequency of lawsuits being filed against the educational system. School administrators are routinely named in lawsuits filed by disgruntled parents and students against schools and their governing bodies. This dissertation reviewed litigious actions in both public…

Controlling Legal Risk for Effective Hospital Management

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Hyun Jun Park

2016-04-01

Full Text Available Purpose: To analyze the types of medical malpractice, medical errors, and medical disputes in a university hospital for the proposal of countermeasures that maximize the efficiency of hospital management, medical departments, and healthcare providers. Materials and Methods: This study retrospectively reviewed and analyzed 55 closed civil lawsuits among 64 medical lawsuit cases carried out in Pusan National University Hospital from January 2000 to April 2013 using medical records, petitions, briefs, and data from the Medical Dispute Mediation Committee. Results: Of 55 civil lawsuits, men were the main plaintiffs in 31 cases (56.4%. The average period from medical malpractice to malpractice proceeding was 16.5 months (range, 1 month to 6.4 years, and the average period from malpractice proceeding to the disposition of a lawsuit was 21.7 months (range, 1 month to 4 years and 11 months. Conclusions: Hospitals can effectively manage their legal risks by implementing a systematic medical system, eliminating risk factors in administrative service, educating all hospital employees on preventative strategies, and improving customer service. Furthermore, efforts should be made to establish standard coping strategies to manage medical disputes and malpractice lawsuits, operate alternative dispute resolution methods including the Medical Dispute Mediation Committee, create a compliance support center, deploy a specialized workforce including improved legal services for employees, and specialize the management-level tasks of the hospital.

What Johnny Shouldn't Read: Textbook Censorship in America.

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DelFattore, Joan

This book discusses ways in which special-interest groups influence the content of textbooks used in public and private schools throughout the United States. The book focuses on recent federal lawsuits involving attempts to censor or ban reading, literature, science, and social studies textbooks. Recreating the story behind each lawsuit, the book…

DASAR DAN PROSEDUR (KAJIAN TERHADAP KITAB UNDANG-UNDANG HUKUM ACARA PIDANA

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Umi Enggarsasi

2004-01-01

Full Text Available Pre-Judicature Institution as a supervision means against investigators and general prosecutors that have carried out attempts by force to defendants in terms of accomplishing their duties namely actions of captures, arrests, examination-termination and prosecution-termination. Societal law-awareness affects lawsuits of prejudicature submitted to the court to have fair and just treatments in examination processes ranging from processes of examination, investigation to prosecution. By means of normatively juridical review, thus we can find out legal foundations of prejudicature in Indonesia, backgrounds of plaintiffs in pre-judicature lawsuits and procedures of pre-judicature lawsuits take form of claims of compensation and rehabilitation due to mistakes of law enforcing officials.

An Experimental Study of Medical Error Explanations: Do Apology, Empathy, Corrective Action, and Compensation Alter Intentions and Attitudes?

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Nazione, Samantha; Pace, Kristin

2015-01-01

Medical malpractice lawsuits are a growing problem in the United States, and there is much controversy regarding how to best address this problem. The medical error disclosure framework suggests that apologizing, expressing empathy, engaging in corrective action, and offering compensation after a medical error may improve the provider-patient relationship and ultimately help reduce the number of medical malpractice lawsuits patients bring to medical providers. This study provides an experimental examination of the medical error disclosure framework and its effect on amount of money requested in a lawsuit, negative intentions, attitudes, and anger toward the provider after a medical error. Results suggest empathy may play a large role in providing positive outcomes after a medical error.

Legal access to medications: a threat to Brazil's public health system?

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Chieffi, Ana Luiza; Barradas, Rita De Cassia Barata; Golbaum, Moisés

2017-07-19

In Brazil, health is fundamental human right guaranteed by the Constitution of 1988, which created the Brazilian Universal Health System (Sistema Único de Saúde - SUS). The SUS provides medications for outpatient care via policy of pharmaceutical assistance (PA) programmes. Despite the advances in PA policies which include the improvement in access to medications, there has been a significant increase in lawsuits related to health products and services. This study aimed to characterize the medication processes filed between 2010 and 2014 against the Secretary of State for Health of São Paulo (State Health Department of São Paulo - SES/SP), in Brazil, following PA policies. This descriptive study used secondary data on medication lawsuits filed against the SES/SP between 2010 and 2014. The data source was the S-Codes computerized system. In the period evaluated, the number of lawsuits filed concerning health-related products increased approximately 63%; requests for medications were predominant. Approximately 30% of the medications involved in court proceedings were supplied via PA programmes. With regard to medications supplied via specialized component, 81.3% were prescribed in disagreement with the protocols published by the Ministry of Health. Insulin glargine was the most requested medication (6.3%), followed by insulin aspart (3.3%). Because there is no scientific evidence that either of these medicines is superior for the treatment of diabetes, neither of them has been incorporated into the SUS by the National Commission for Technology Incorporation. The judicial data showed that most of the lawsuits involved normal proceedings (i.e., individual demands), were filed by private lawyers, and named the State of São Paulo as the sole defendant, demonstrating the individual nature of these claims. The data indicate inequality in the distribution between the number of cases and lawyers and the number of lawsuits and prescribers, evidencing the concentration of

Recovering corporate assets through environmental lawsuits

International Nuclear Information System (INIS)

Rose, P.R.; Jones, J.C.

1995-01-01

Over the past decade many environmentally motivated restrictions and withdrawals have been carried out at the expense of private property owners, most of whom seemed to have no effective recourse. This paper (1) summarizes a recent case in which a Michigan oil operator and several mineral owners fought back, winning a judgment worth $120 million from the State of Michigan, and (2) analyzes the essential geotechnical procedures, particularly those involving stochastic exploration risk analysis, required to determine and to justify the plaintiff's claims for monetary damages. The intent is to provide encouragement and guidance to other private property owners, especially those involved in mineral resources, who may be contemplating similar legal actions. The Fifth Amendment to the US Constitution prohibits the taking of private property for public use without just compensation, and the 14th Amendment forbids the state to deprive any person of property without due process of law. Nevertheless, most knowledgeable attorneys generally conceded that the law concerning takings of private property by state regulatory restriction has been murky and uncertain at best

Lawsuit concerning ultimate storage in Asse

International Nuclear Information System (INIS)

Anon.

1978-01-01

The action aimed at ordering the GSF by a temporarily injunction in accordance with section 123 of the VwGO not to take or to have taken be third parties irradiated spherical fuel elements from the AVR to the Asse salt mine and to have them stored there irrecoverably, was rejected being inadmissible as with verdict II D 38/77 dated Nov. 2, 1977 by the administrative court at Brunswick. The decision raises the problems resulting from the new version of the Atomic Energy Act on account of the 4th amendment, but leaves open the legal assessment of the underground storage in Asse. The main grounds for rejecting the action are given in full. (orig./HP) [de

Disciplinary and Legal Actions Against Dermatologists in Canada.

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Nasseri, Eiman

2016-01-01

Dermatologists face a litany of professional and legal risks in practice. To review cases of disciplinary and legal action against dermatologists in Canada. The Canadian Medical Protective Association, all 10 provincial medical colleges, and the Canadian Legal Information Institute were contacted to obtain data on legal or disciplinary action taken against dermatologists in their records. A literature review was performed regarding litigation against dermatologists in other countries. Six dermatologists in Canada faced disciplinary action in the last 5 to 30 years. Seven dermatologists and 5 other specialists in Canada faced lawsuits relating to dermatology in the last 1 to 144 years. Procedures and therapy are the most frequently sources of lawsuits against dermatologists both at home and abroad. Dermatologists need to remain vigilant to avoid disciplinary action and lawsuits from their increasing and varied interactions with patients. © The Author(s) 2015.

Permitting product liability litigation for FDA-approved drugs and devices promotes patient safety.

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Kesselheim, A S

2010-06-01

In 2008 and 2009, the Supreme Court reviewed the question of whether patients injured by dangerous prescription drugs or medical devices can bring tort lawsuits against pharmaceutical and device manufacturers. The Court ruled that claims against device manufacturers were preempted while claims against pharmaceutical manufacturers were not. The threat of product liability lawsuits promotes patient safety by encouraging manufacturers to take greater responsibility in providing clear warnings about known adverse effects of their products.

Medical Malpractice Litigation Following Arthroscopic Surgery.

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Shah, Kalpit N; Eltorai, Adam E M; Perera, Sudheesha; Durand, Wesley M; Shantharam, Govind; Owens, Brett D; Daniels, Alan H

2018-04-10

Our study aims to analyze a variety of factors involving malpractice lawsuits following arthroscopy, focusing on reasons for lawsuit and establishing predictors for the outcome of the lawsuit. Two legal databases, VerdictSearch and Westlaw, were queried for arthroscopic cases in adult patients. For all included cases, clinical and demographic data were recorded. The effects of plaintiff demographics, joint involved, lawsuit allegation, case ruling, and size of indemnity payments were assessed. Of the 240 included cases, 62 (26%) resulted in plaintiff verdict, 160 (67%) resulted in defense verdict, and 18 (8%) were settled without trial. Plaintiff demographics (age and sex) had no effect on the case ruling. There was no statistical difference between indemnity awards for plaintiff verdicts ($1,013,494) and settled cases ($848,331; P = .13). Patient death was noted in 20 cases (8.3%); a significantly higher proportion of these cases were settled versus went to trial (P = .0022), including 19 patients (95%) who had knee arthroscopy and 16 deaths (80%) resulting from a pulmonary embolus. Plaintiff verdict or settlement were seen significantly more frequently for vascular complications and wrong-sided surgery. Alternatively, defense verdicts followed lawsuits alleging surgeon technical error. Wrong-sided surgery, retained instruments, deep venous thrombosis, and postoperative infections were seen at a significantly higher proportion after knee arthroscopy than after arthroscopy of other joints. Similarly, neurological injury was significantly associated with elbow and hip arthroscopy, while allegations of technical error by the surgeon and block-related complications were associated with shoulder arthroscopy. Plaintiff verdict or settlement were seen for vascular complications and wrong-sided surgery, while defense verdicts followed lawsuits alleging surgeon technical error and block-related complications. We also identified types of allegations that were associated

Analysis of judicial demands in health at the Regional Health Department XII

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Leticia Florido Povinske Domingues

2017-08-01

Full Text Available The management of lawsuits in health represents a challenge for most Brazilian municipalities. Many papers described in the literature characterized properly the problem as well as discussed the repercussions on the Unified Health System.In this context, the objective of this study was to analyze the situation of health judicial processes at the twelfth Regional Department in Registro, São Paulo´s state, evaluating the profile of the users who claim in court the couverage of treatment´s costs as well as examination, procedure or medication. For this, we analyzed data on lawsuits in the health field at the twelfth Regional Department in Registro (SP from january 2009 to october 2015.The variables studied were gender, age, municipality of origin of the lawsuit, the mentioned disease, the medical prescription origin, specialty of the prescriber, type of lawsuit triggered, year of the lawsuit, entity judicially triggered and requested items. It was analyzed thirty-eight lawsuits against the twelfth Regional Department, it was observed the prevalence of the female gender, age group above 51 years and originating from the municipality of Registro (SP.The most of the judicial actions are for care given at the Unified Health System, by prescribers of specialty in Clinical Medicine and diagnosed with Diabetes Mellitus. The processes were characterized in the majority by judicial actions called Ordinary Rite, against the State. On the analyzed cases, 92% requested only medications and of these 11% supplements like vitamins and enteral diets.The number of patients who have been served through legal actions in the last three years reached 47% of the total cases registered during the period of the seven years analyzed and the approximate cost was R$ 1,340,000.00.This study contributes to the diagnosis of the processes related to the health judicialization in the region studied. The results showed a predominance of processes which comes from of patients

Trustee workbook 3. Effective governance after Enron and AHERF.

Science.gov (United States)

Orlikoff, James E; Totten, Mary K

2002-01-01

High profile business failures such as Enron and AHERF have raised the public's consciousness about the governing board's crucial role in ensuring sound, ethical business practices. AHERF (the Allegheny Health, Education, and Research Foundation in Philadelphia) was the largest not-for-profit health care bankruptcy in history and has generated many lawsuits against the AHERF boards and individual trustees. The Enron bankruptcy will certainly result in lawsuits against its board and directors and has embarrassed board members profoundly.

Civil liability related to imaging exams in Brazil

OpenAIRE

Fontana, Mathias Pante; Liedke, Gabriela Salatino; Fontoura, Helena da Silveira; Silveira, Heraldo Luis Dias da; Silveira, Heloísa Emilia Dias da

2015-01-01

Aim: To analyze all court lawsuits in Brazil in relation to civil liability involving radiographic and tomographic images up to February 2014. Methods: All Brazilian courts were surveyed for “civil liability,” “error,” “radiology,” “radiography,” and “tomography,” returning 3923 second-instance lawsuits. Out of them were excluded labor legislation, health insurance coverage of radiological examinations, and criminal liability cases and 359 were selected. Compliance with expert reports, involv...

The defense counsel's perspective.

Science.gov (United States)

Hoffman, Peter J; Plump, Joan D; Courtney, Marcie A

2005-04-01

In all likelihood, most orthopedic surgeons today will be the subject of a lawsuit related to the care and treatment of a patient. This article is designed to provide physicians with pertinent material to help prepare for what seems to have become the inevitable--the medical malpractice lawsuit. There are a number of things that can be done to minimize the chance that a surgeon will be sued. Keeping informed about recent developments in orthopaedics, developing a good relationship with patients, and maintaining good documentation are just a few of the ways to help reduce the chances of being named in a potential lawsuit. Additionally, we offer physicians who have been sued assistance in getting through the litigation process, which at times can be daunting. Logical suggestions, such as not discussing a case with anyone other than a spouse and/or an attorney and not altering the medical records and larger concepts, including the importance of developing a relationship with an attorney, understanding the attorney-client privilege, and adequately preparing for the deposition and trial are discussed at length. Although it is not possible to be completely prepared for the day one gets sued, this article should provide insight and information necessary to enable surgeons to face each element of the lawsuit with some knowledge and control.

Medical malpractice in endourology: analysis of closed cases from the State of New York.

Science.gov (United States)

Duty, Brian; Okhunov, Zhamshid; Okeke, Zeph; Smith, Arthur

2012-02-01

Medical malpractice indemnity payments continue to rise, resulting in increased insurance premiums. We reviewed closed malpractice claims pertaining to endourological procedures with the goal of helping urologists mitigate their risk of lawsuit. All closed malpractice claims from 2005 to 2010 pertaining to endourological procedures filed against urologists insured by the Medical Liability Mutual Insurance Company of New York were examined. Claims were reviewed for plaintiff demographics, medical history, operative details, alleged complication, clinical outcome and lawsuit disposition. A total of 25 closed claims involved endourological operations and of these cases 10 were closed with an indemnity payment. The average payout was $346,722 (range $25,000 to $995,000). Of the plaintiffs 16 were women and mean plaintiff age was 51.4 years. Cystoscopy with ureteral stent placement/exchange resulted in 13 lawsuits, ureteroscopic lithotripsy 8, percutaneous stone extraction 2 and shock wave lithotripsy 2. There were 17 malpractice suits brought for alleged operative complications. Failure to arrange adequate followup was implicated in 4 cases. Error in diagnosis and delay in treatment was alleged in 3 claims. Urologists are not immune to the current medical malpractice crisis. Endourology and urological oncology generate the greatest number of lawsuits against urologists. Most malpractice claims involving endourological procedures result from urolithiasis and alleged technical errors. Therefore, careful attention to surgical technique is essential during stone procedures to reduce the risk of malpractice litigation. Copyright © 2012 American Urological Association Education and Research, Inc. Published by Elsevier Inc. All rights reserved.

Rifkin takes aim at USDA animal research.

Science.gov (United States)

Fox, Jeffrey L

1984-10-19

Jeremy Rifkin has filed a lawsuit to block U.S. Department of Agriculture (USDA) experiments involving the transfer of human growth hormone genes into sheep and pigs, which he rejects on environmental, economic, and ethical grounds. His real target is the Department's animal breeding program; his ultimate aim is "to establish the principle that there should be no crossing of species barriers in animals." USDA officials have not yet responded to the lawsuit but they intend to continue the experiments, which they consider crucial to the progress of research, until told to stop.

Lawsuits concerning nuclear power generation in FRG

International Nuclear Information System (INIS)

Saito, Osamu

1980-01-01

The confirmation of the courts of justice is required for the permission of power stations. This proposition is not in the laws in FRG, but in view of the recent judicatory regulation, it seems to be the norm established experimentally. From the character of German nation, more than 40 specialists and the committees independent of administration take part in the procedure of administrative permission, but considering the temporary procedure, the processes of five classes of courts join in these. Based on the background of such situation, the author outlined the traditional practice in the legislation and administration in the field of nuclear power generation, then investigated into the decisions of Freiburg and Wuerzburg courts of administrative litigation in 1977 and the decision of the federal constitutional court in 1978. Confronting the same technology of light water reactors, the Freiburg court said that the device protecting from the burst of a pressure vessel is necessary, but the Wuerzburg court did not demand it. The confrontations similar to it were seen in the requirements for the utilization of radioactive substances and the final storage of them. The recent decision of the federal constitutional court is concerned with FBRs, and the court discussed the problem of ''residual risks''. The studies on the German decisions are useful for Japan. (Kako, I.)

Medico legal and de ontological features of breast diagnosis

International Nuclear Information System (INIS)

Lopez, J. A.; Lopez, M. C.

2001-01-01

A medical and legal review of the literature in regards to the medico legal and de ontological features involved in Imaging Diagnosis of the breast was performed in order to elaborate a series of preventive measures to prevent or reduce the demands on the radiologist. Basically, the contents of the Spanish Medical De ontology Code as well the rules and laws in force in our country have been considered, both from the medical professional point of view as well as from that of the law professional. As a result of the review carried out, a series of preventive measures aimed at reducing the incidence of possible lawsuits against the radiologist who works in breast imaging diagnosis are proposed. The radiologist is regularly involved in lawsuits, especially related with the delay in the diagnosis of breast cancer. In the United States of America and Italy. he(she is the professional who receives the greatest number of lawsuits, being ahead of the gynecologist. The radiologist occupies and important place in the diagnosis of breast cancer, which converts him/her into the object of possible lawsuits. Within these, deadly in the diagnosis of cancer caused by several situations are included: these being, principally, non-detection by mammography, not using the complementary studies and not carrying out an integrated reading of the triad or binomial diagnosis. In some cases, these situations are favored by lack of experience (incompetence) of the radiologists as well as by lack of information from the patient. In order to avoid possible lawsuits, the most important preventive measures are: a) inform the patient; b) be competent in the material: c) follow an action Protocol according to the l ex artis: d) in the case of being staff, comply with the guidelines of Quality Control: e) elaborate clear and concise written reports, maintaining, if relevant, the limitations of the procedures used and suggestions for the professional clinician. (Author) 27 refs

Ações judiciais, conteúdos políticos: uma proposta de análise para o caso brasileiro Lawsuits, political content: a proposed analysis for the Brazilian case

Directory of Open Access Journals (Sweden)

Fabiano Engelmann

2013-03-01

Full Text Available Ações judiciais demandando políticas públicas são recorrentes nas democracias ocidentais. Este artigo pretende analisar a especificidade dos embates em torno deste tema no Brasil a partir da categorização dos significados políticos presentes nos argumentos mobilizados no espaço jurídico. Os dados apresentados foram construídos a partir de uma série de decisões judiciais do Tribunal de Justiça do Estado do Rio Grande do Sul e do Supremo Tribunal Federal em torno das demandas fundadas no "direito à saúde". Os perfis de argumentos presentes nas decisões evidenciam que o ativismo do Judiciário é balizado em concepções jurídicas que opõem a "unidade do Estado" e a "interpretação da Constituição" à dinâmica das administrações públicas. O fenômeno que se pode denominar de "juridicização da política" no Brasil comporta diversos problemas que precisam ser melhor explorados pela ciência política, entre os quais destacamos a emergência de uma "interpretação jurídica" da dinâmica da execução de políticas com forte repercussão pública.Lawsuits which demand public policies are recurrent in Western democracies. This article aims to analyze the specificity of clashes around this topic in Brazil parting from the categorization of political meanings that are present in the arguments deployed in the legal environment. The data presented were constructed from a series of judgments of the Court of Justice of the State of Rio Grande do Sul and the Supreme Court around the demands based on the "right to health". The profiles of arguments present in decisions show that the activism of the judiciary is marked out in legal concepts that oppose the "unity of the state" and "interpretation of the Constitution" to the dynamics of public administration. The phenomenon that can be termed "juridicization of politics" in Brazil entails several problems that need to be better explored by the political science, among which we

[Court-ordered access to treatment of rare genetic diseases: Fabry Disease in the state of Rio Grande do Sul, Brazil].

Science.gov (United States)

Sartori Junior, Dailor; Leivas, Paulo Gilberto Cogo; Souza, Mônica Vinhas de; Krug, Bárbara Corrêa; Balbinotto, Giacomo; Schwartz, Ida Vanessa Doederlein

2012-10-01

Court-ordered access to high-cost drugs for rare genetic diseases, such as Fabry Disease (alpha-galactosidase-A deficiency), is a growing phenomenon as yet lacking systematic study. An observational, cross-sectional and retrospective study was conducted to characterize the lawsuits related to access to treatment for Fabry Disease by Enzyme Replacement Therapy in the State of Rio Grande do Sul prior to 2007. The study identified 13 lawsuits and 17 plaintiffs, 11 requesting alfa and 6 betagalsidase. The State of RS, the Federal Government, and 5 municipalities figured as defendants, in the form of joinder of parties or otherwise. There were 13 requests for interlocutory relief of which 12 were granted, and 2 sentences were handed down, both favorable. "Risk of death" was alleged by doctors in 4 prescriptions and by lawyers in the 13 lawsuits. The data suggest the lack of discussions combining aspects of medical efficacy and safety, cost-effectiveness, economic impact, and legal and constitutional arguments, which requires a specific policy for rare genetic diseases to standardize access to treatment.

Evidence-based process for decision-making in the analysis of legal demands for medicines in Brazil

Directory of Open Access Journals (Sweden)

Tatiana Aragão Figueiredo

2013-11-01

Full Text Available Legal actions have been playing a significant role as an alternative pathway to access to medicines in Brazil. These lawsuits demand medicines used in Primary Health Care as well as medicines that are still in clinical research and have not been market approved by the Brazilian National Agency for Sanitary Surveillance (ANVISA. The goal was to analyze medicines demanded through lawsuits brought to the judicial district which includes the city of Rio de Janeiro, Brazil, from July/2007 to June/2008. The medicines in 281 lawsuits were examined for their respective indications, classified according to their presence in publicly-funded lists, market approval by ANVISA, compliance with national clinical guidelines, existence of alternative therapies in lists and support of indication by scientific evidence. Six different categories were described, which are deemed useful to managers and the Judiciary in decision-making. The support of evidence is of utmost importance for medicines that are not included in public funding lists and also for those with no available therapeutic alternatives.

PERLINDUNGAN HUKUM NON YUDISIAL TERHADAP PERBUATAN HUKUM PUBLIK OLEH PEMERINTAH

Directory of Open Access Journals (Sweden)

Hari Sugiharto

2018-02-01

Full Text Available The enactment of Law Number 30 of 2014 on Government Administration had given the changes to the authority of the State Administrative Court. There are two mechanism of the case investigation in the State Administrative Court in providing legal protection against a lawsuit or petition filed by the public. The first mechanism is to file a lawsuit directly to the State Administrative Court. The second mechanism is to resolve internal disputes within the government before filing a lawsuit to the Administrative Courts. There are two mechanisms of the case investigation prove that the existence of discrimination for people who seek justice in the case investigation system in the State Administrative Court. This research focus on an issues first the nature of public legal action by the government in government administration and second Ratio legis non-judicial legal protection against public legal acts  by the government. The results which have to be achieved are to provide the prescription of essential truth. There are several problems approach used in this study, such as statute approach, conceptual approach, and case approach.

Essencialidade e assistência farmacêutica: considerações sobre o acesso a medicamentos mediante ações judiciais no Brasil Essential drugs and pharmaceutical care: reflection on the access to drugs through lawsuits in Brazil

Directory of Open Access Journals (Sweden)

João Maurício Brambati Sant'Ana

2011-02-01

Full Text Available A garantia do direito à assistência farmacêutica no ordenamento jurídico brasileiro a partir da Constituição de 1988 deu vazão a um aumento das demandas judiciais para efetivação desse direito. Esse fenômeno vem sendo chamado de judicialização da assistência farmacêutica. Estudos sobre o tema têm revelado tanto deficiências no acesso dos usuários do Sistema Único de Saúde aos medicamentos das listas oficiais de assistência farmacêutica como dificuldades do sistema de justiça e do próprio procedimento judicial para lidar com a temática. Este artigo discute essas questões considerando o arcabouço conceitual que informa a política de medicamentos e a política de assistência farmacêutica brasileiras, sobretudo os conceitos de medicamentos essenciais e de alocação de recursos escassos.The guarantee of pharmaceutical care as a legal right established by the Brazilian federal constitution of 1988 led to an increase in lawsuits to put that right into practice. This phenomenon has been dubbed the judicialization of pharmaceutical care. Studies on this topic have revealed, on the one hand, deficiencies in the access of Unified Health Care (SUS users to drugs included in Ministry of Health pharmaceutical care lists, and, on the other hand, limitations of the legal system to deal with the situation. The present article addresses these issues in the context of the conceptual framework that supports the Brazilian drug policy and pharmaceutical care policy, especially the notions of essential drugs and allocation of scarce resources.

Ações judiciais: estratégia da indústria farmacêutica para introdução de novos medicamentos Acciones judiciales: estrategia de la industria farmacéutica para introducción de nuevos medicamentos Legal suits: pharmaceutical industry strategies to introduce new drugs in the Brazilian public healthcare system

Directory of Open Access Journals (Sweden)

Ana Luiza Chieffi

2010-06-01

atender cerca de 3.600 personas. El gasto total en medicamentos fue de 1,2 billones de reales. En el período estudiado fueron analizadas 2.927 acciones, estas fueron enjuiciadas por 565 agentes de los cuales 549 eran abogados particulares (97,2% del total de agentes. Los medicamentos solicitados en las demandas judiciales analizadas fueron prescriptos por 878 médicos diferentes. Al analizar el número de acciones enjuiciadas por abogado, se observa que 35% de las acciones fueron presentadas por 1% de los abogados. CONCLUSIONES: Los datos de las acciones con los medicamentos clasificados por su fabricante muestran que pocos abogados son responsables por la mayoría de las demandas judiciales de dichos medicamentos. La observación de que más de 70% de las acciones enjuiciadas para ciertos medicamentos son de responsabilidad de un abogado, puede sugerir una relación estrecha entre el abogado y el fabricante del medicamento.OBJECTIVE: To analyze the distribution rate of legal suits according to drug (manufacturer, prescribing physician, and attorney filing the lawsuit. METHODS: A descriptive study was carried out to assess the lawsuits in the São Paulo State (Southeastern Brazil courts registry in 2006, and amounts spent in complying with these lawsuits, and total costs with medication thus resulting. RESULTS: In 2006, the São Paulo State Administration spent 65 million Brazilian reais in compliance with court decisions to provide medication to approximately 3,600 individuals. The total cost of the medication was 1.2 billion Brazilian reais. In the period studied, 2,927 lawsuits were examined. These lawsuits were filed by 565 legal professionals, among which 549 were attorneys engaged by private individuals (97.17% of the total legal professionals. The drugs scope of the lawsuits had been prescribed by 878 different physicians. By assessing the number of lawsuits filed per attorney, it was found that 35% of them were brought before the courts by 1% of them. CONCLUSIONS

Litigios por derecho a la salud en tres países de América Latina: revisión sistemática de la literatura Right-to-health litigation in three Latin American countries: a systematic literature review

Directory of Open Access Journals (Sweden)

Ludovic Reveiz

2013-03-01

. Los estudios incluidos muestran las debilidades de los sistemas de salud para garantizar el acceso a los distintos servicios así como para la incorporación de las nuevas tecnologías sanitarias.OBJECTIVE: Identify and evaluate studies that analyzed characteristics of right-to-health litigation in Brazil, Colombia, and Costa Rica. METHODS: Studies were evaluated that analyzed characteristics of right-to-health litigation identified through a search of PubMed, LILACS, Cochrane Library, and Scirus (April 2012. Two reviewers evaluated the studies. Variables collected were, among others, grounds for litigation, proportion of lawsuits for benefits covered by the health system, and lawsuits on high-cost technologies. RESULTS: Thirty studies were identified (Brazil 19, Colombia 10, and Costa Rica 1. Judgments were frequently in favor of plaintiffs: Colombia (75%-87%, Costa Rica (89.7%, and Brazil (70%-100%. In Colombia, lawsuits were filed for benefits included in the Compulsory Health Plan (range: 41%-69.9%. In Brazil there was considerable variation in the amount of lawsuits between the Exceptional Circumstance Drug Dispensing Program (13%-31% and basic medicines in the Unified Health System (approximately 50%. Lawsuits on drugs varied as a percentage of all lawsuits (Colombia 11.9%-35.6%, Costa Rica 30.2%, and Brazil 49.6%. A study in Brazil found a statistically significant difference when comparing lawsuits on exceptional drugs versus all other drugs, by social class; and in another study, according to lawsuits from municipalities with better socioeconomic indicators. A concentration of lawsuits on drug prescribing by a limited group of physicians was reported. Prescribing was not always supported by scientific evidence. Another study found that in half of the cases, the cost of legal proceedings was higher than the cost of the services being claimed. CONCLUSIONS: There are similarities in the grounds, nature, and impact of litigation in the context of the countries

Experiences in Radiation Litigation

International Nuclear Information System (INIS)

Jose, D.E.

2002-01-01

Approximately 20 years ago three events in the United States caused a significant increase in lawsuits filed by persons who claimed to have been injured from exposure to ionizing radiation. I have had some involvement in each of them. One event was the lawsuit filed by Karen Silkwood against Kerr McGee arising out of plutonium that had been found in her home. The Silkwood story became a popular movie and sensitized radiation workers to alleged injury from work related exposures. I participated in the United States Department of Justice amicus brief to the United States Supreme Court and attended that oral argument in the Supreme Court. The second event was a series of litigations filed against the United States by persons who had either been soldiers at the above ground testing of nuclear weapons (the so called a tomic soldiers ) or had been residents living downwind from the place where the bombs were exploded (the so called d ownwinders ) . I was responsible for defending many of these lawsuits as an attorney in the United States Department of Justice. The third event was the accident at Three Mile Island. Thousands of lawsuits were filed by nearby residents. After I entered private practice, I worked on those cases for some years. These three events served to stimulate an increase in cases filed because persons believe that their current illness was caused by some prior exposure to radiation. Most recently I have been defending lawsuits filed by persons who once worked at commercial nuclear power plants and now have some type of cancer. Over these 20 years I have won about 30 cases involving about 50 plaintiffs. In none of these cases was it likely that the person's cancer was caused by his radiation exposure. In fact, the plaintiff's dose was generally less than the average person's lifetime dose from diagnostic x-rays. There is a way in this mixed field of law and science to develop basic rules by which the legal system can quite easily distinguish between a

Averting Regulatory Enforcement: Evidence from New Source Review

Energy Technology Data Exchange (ETDEWEB)

Keohane, N.O.; Mansur, E.T.; Voynov, A. [Yale University, New York, NY (USA)

2009-09-15

This paper explores firms' response to regulatory enforcement. New Source Review (NSR), a provision of the Clean Air Act, imposes stringent emissions limitations on significantly modified older power plants. In 1999, the Environmental Protection Agency (EPA) sued owners of 46 plants for NSR violations. We study how electricity companies respond to both the perceived threat of future action, and the action itself. A discrete choice model estimates plants likelihood of being named in lawsuits increases with large historic emissions and investments. On the eve of the lawsuits, emissions at plants with a one standard deviation greater probability of being sued fell approximately 10%.

Estimated Cost to a Restaurant of a Foodborne Illness Outbreak.

Science.gov (United States)

Bartsch, Sarah M; Asti, Lindsey; Nyathi, Sindiso; Spiker, Marie L; Lee, Bruce Y

Although outbreaks of restaurant-associated foodborne illness occur periodically and make the news, a restaurant may not be aware of the cost of an outbreak. We estimated this cost under varying circumstances. We developed a computational simulation model; scenarios varied outbreak size (5 to 250 people affected), pathogen (n = 15), type of dining establishment (fast food, fast casual, casual dining, and fine dining), lost revenue (ie, meals lost per illness), cost of lawsuits and legal fees, fines, and insurance premium increases. We estimated that the cost of a single foodborne illness outbreak ranged from $3968 to $1.9 million for a fast-food restaurant, $6330 to $2.1 million for a fast-casual restaurant, $8030 to $2.2 million for a casual-dining restaurant, and $8273 to $2.6 million for a fine-dining restaurant, varying from a 5-person outbreak, with no lost revenue, lawsuits, legal fees, or fines, to a 250-person outbreak, with high lost revenue (100 meals lost per illness), and a high amount of lawsuits and legal fees ($1 656 569) and fines ($100 000). This cost amounts to 10% to 5790% of a restaurant's annual marketing costs and 0.3% to 101% of annual profits and revenue. The biggest cost drivers were lawsuits and legal fees, outbreak size, and lost revenue. Pathogen type affected the cost by a maximum of $337 000, the difference between a Bacillus cereus outbreak (least costly) and a listeria outbreak (most costly). The cost of a single foodborne illness outbreak to a restaurant can be substantial and outweigh the typical costs of prevention and control measures. Our study can help decision makers determine investment and motivate research for infection-control measures in restaurant settings.

Three Words and the Future of the Affordable Care Act.

Science.gov (United States)

Bagley, Nicholas

2015-06-01

As an essential part of its effort to achieve near universal coverage, the Affordable Care Act (ACA) extends sizable tax credits to most people who buy insurance on the newly established health care exchanges. Yet several lawsuits have been filed challenging the availability of those tax credits in the thirty-four states that refused to set up their own exchanges. The lawsuits are premised on a strained interpretation of the ACA that, if accepted, would make a hash of other provisions of the statute and undermine its effort to extend coverage to the uninsured. The courts should reject this latest effort to dismantle a critical feature of the ACA. Copyright © 2015 by Duke University Press.

[The judicialization of health in the Federal District of Brazil].

Science.gov (United States)

Diniz, Debora; Machado, Teresa Robichez de Carvalho; Penalva, Janaina

2014-02-01

This paper seeks to analyze the Judiciary's approach with respect to demands for the judicialization of the right to health by means of a case study of civil lawsuits for access to health care in Brazil's Federal District. Judicialization of the right to health signifies the judicialization of various of the health services provided. This is a descriptive and exploratory case study that covers the Federal District and uses mixed techniques to gather and analyze data. This study analyzed 385 lawsuits (87% of the total number of cases of judicialization of health for the period from 2005 to 2010 that reached the Appellate court). The results indicate that the most judicialized service is access to intensive care unit, followed by drugs and health care. Almost all lawsuits are filed by public defenders, with medical prescriptions and recommendations from the public health service. The results of this study challenge some dominant themes in the national debate, particularly the claim that judicialization is a phenomenon of the elites and that the services judicialized are drugs. The study does not seek to make generalizations, but highlights the fact that the phenomenon of judicialization of health has different aspects encompassed under the same concept.

Judicial demand of medications through the Federal Justice of the State of Paraná.

Science.gov (United States)

Nisihara, Renato Mitsunori; Possebom, Ana Carolina; Borges, Luiza de Martino Cruvinel; Shwetz, Ana Claudia Athanasio; Bettes, Fernanda Francis Benevides

2017-01-01

To describe the profile of lawsuits related to drug requests filled at the Federal Justice of the State of Paraná. A cross-sectional study, and the data were obtained through consulting the lawsuits at the online system of the Federal Justice of Paraná. Out of 347 lawsuits included in the study, 55% of plaintiffs were women, with a median age of 56 years. Oncology was the field with more requests (23.6%), and the highest mean costs. A wide variety of diseases and broad variety of requested drugs were found in the lawsuits. Approximately two-thirds of them were requested by the brand name, and the most often requested drugs were palivizumab and tiotropium bromide. Only 14.5% of the requested medicines were registered in the National Medication Register. The Public Defender's Office filled actions in 89.6% of cases and all lawsuits had an interim relief. The mean time for approval was 35 days and 70% of requests were granted. Oncology was the field with the highest demand for medicines at the Federal Justice of Paraná in 2014. A great variety of medications was requested. The Public Defender´s Office represented most lawsuits. All demands had an interim relief, and the majority of requests were granted, within an average of 35 days. Descrever o perfil das ações que solicitam medicamentos ajuizadas na Justiça Federal do Paraná. Estudo transversal descritivo, cujos dados foram obtidos por meio de consulta aos processos no sistema on-line da Justiça Federal do Paraná. Dentre os 347 processos incluídos no estudo, 55% dos autores eram mulheres, com mediana da idade de 56 anos, sendo a área mais procurada a oncologia (23,6%). A área oncológica também foi a que apresentou maiores custos médios. Foi ampla a variedade de doenças geradoras das ações e também foi consequentemente grande a variedade de medicamentos solicitados. Cerca de dois terços dos fármacos foram solicitados pelo nome comercial, e os mais requeridos foram o palivizumabe e brometo de

Surrogacy litigation in China and beyond.

Science.gov (United States)

Ding, Chunyan

2015-02-01

Chinese law neither generally prohibits nor expressly permits surrogacy. As there has been a massive underground surrogacy market in the country, surrogacy lawsuits have occurred from time to time. Chinese courts are called to decide a number of disputed issues regarding validity of surrogacy contract, parenthood of the surrogate child, and sole care and control of the surrogate child. This article examines the judicial solutions to these disputes through a case study, and analyses whether Chinese courts have adopted appropriate approaches in applying the existing law to surrogacy lawsuits. The article further discusses the inadequacies of Chinese law in solving surrogacy disputes and regulating surrogacy, and recommends a set of suggestions for improvement so that Chinese law may better adapt to the social demand of surrogacy.

Preventing Juvenile Delinquency

Directory of Open Access Journals (Sweden)

Carolina dos Reis

2016-04-01

Full Text Available This article aims to problematize discourses about protection and care that have surrounded compulsory hospitalization by evidencing its use as a control and punishment mechanism that increases the social vulnerability of young drug users. For such, we analyze lawsuits involving juveniles who were consigned to psychiatric institutions for drug addiction treatment as a protection measure in the state of Rio Grande do Sul, in Brazil. The analysis of the materials has evidenced discourses that have circumscribed young drug users and constructed this population as potentially dangerous subjects as well as a population category at risk. In this sense, we point out how compulsory hospitalization has emerged out of the lawsuits as a tool for prevention of juvenile delinquency.

Asset protection: why a preventive approach is the best insurance against liability.

Science.gov (United States)

Rinaldi, Ellen; Shin, Alisa

2008-02-01

Asset-protection planning is critical for people in high-risk professions, such as dentistry. Planning requires a careful weighing of risks, such as the risk of a lawsuit versus that of relinquishing control of assets. The authors examine several lawful techniques that may protect a dentist's assets from claims of future creditors. Asset-protection planning, if done early and with the guidance of an attorney well-versed in the subject, can help deter creditors from claims resulting from malpractice suits, divorce, business partner disputes, bad investments, poor tax planning or a combination of these. Practice Implications. Careful planning can minimize the risk to a dentist's personal assets and the assets of the practice resulting from a lawsuit or other liabilities.

48 CFR 1609.7101-1 - Community-rated carrier incentive performance elements.

Science.gov (United States)

2010-10-01

... enrollments and resolving enrollment discrepancies, as well as on the carrier's demonstrated record of... lawsuits, strikes, and natural disasters so that OPM can assess the carrier's ability to pay claims and...

45 CFR 1386.25 - Allowable litigation costs.

Science.gov (United States)

2010-10-01

... lawsuits in its own right to redress incidents of abuse or neglect, discrimination and other rights..., DEVELOPMENTAL DISABILITIES PROGRAM FORMULA GRANT PROGRAMS State System for Protection and Advocacy of the Rights...

[The judicialization of health care: a case study of three state courts in Brazil].

Science.gov (United States)

Travassos, Denise Vieira; Ferreira, Raquel Conceição; Vargas, Andréa Maria Duarte; de Moura, Rosa Núbia Vieira; Conceição, Elza Maria de Araújo; Marques, Daniela de Freitas; Ferreira, Efigênia Ferreira E

2013-11-01

The scope of this study was to describe and compare records of the results of lawsuits filed in three Brazilian courts in cases involving the Unified Health System. A survey was made of the judgments listed on electronic sites of Courts of Justice in the states of Pernambuco, Rio Grande do Sul and Minas Gerais using a specific script. A total of 558 judgments was analyzed. There was a greater frequency of ordinary lawsuits (73.1%). In the majority of cases, it was not possible to identify the economic situation of the plaintiff or the legal representative of the defendant (54.5%). In cases where such identification was possible, a public defender was the most common (71.5%). The cases were predominantly individual in all three states. There was a large number of requests for injunctions (83.8%), which were almost always granted (91.2%), with the allegation of urgency/emergency in almost all cases (98.8%). The majority of decisions were favorable to the users of the public healthcare system (97.8%). The decisions studied showed that the users sought to ensure their right to health individually, using the public authorities to file their lawsuit, but there is a perceived difference in posture between legal courts evaluated. There is a strong tendency of the judiciary to accept these requests.

76 FR 15308 - Completion of the Requirement To Promulgate Emission Standards

Science.gov (United States)

2011-03-21

...-2004-0505. All documents in the docket are listed in the Federal Docket Management System index at http... lawsuits filed by Sierra Club alleging that EPA has failed to complete these actions by the statutory...

The effectiveness of Brazilian public policies that address unhealthy ...

International Development Research Centre (IDRC) Digital Library (Canada)

Proposed regulations of packaging and marketing of food has been delayed by lawsuits initiated by the food and advertising industries and by claims that such ... Adaptation strategies for two Colombian cities were discussed at ADAPTO's ...

Report: EPA Needs Policies and Procedures to Manage Public Pesticide Petitions in a Transparent and Efficient Manner

Science.gov (United States)

Report #16-P-0019, October 27, 2015. OPP’s lack of policies and procedures to manage public pesticide petitions in a transparent and efficient manner can result in unreasonable delay lawsuits costing the agency time and resources.

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Failure to Obtain Computed Tomography Imaging in Head Trauma: A Review of Relevant Case Law.

Science.gov (United States)

Lindor, Rachel A; Boie, Eric T; Campbell, Ronna L; Hess, Erik P; Sadosty, Annie T

2015-12-01

The objectives were to describe lawsuits against providers for failing to order head computed tomography (CT) in cases of head trauma and to determine the potential effects of available clinical decision rules (CDRs) on each lawsuit. The authors collected jury verdicts, settlements, and court opinions regarding alleged malpractice for failure to order head CT in the setting of head trauma from 1972 through February 2014 from an online legal research tool (WestlawNext). Data were abstracted onto a standardized data form. The performance of five CDRs was evaluated. Sixty relevant cases were identified (52 adult, eight children). Of 48 cases with known outcomes, providers were found negligent in 10 cases (six adult, four pediatric), settled in 11 cases (nine adult, two pediatric), and were found not liable in 27 cases. In all 10 cases in which providers were found negligent, every applicable CDR studied would have indicated the need for head CT. In all eight cases involving children, the applicable CDR would have suggested the need for head CT or observation. A review of legal cases reported in a major online legal research system revealed 60 lawsuits in which providers were sued for failing to order head CTs in cases of head trauma. In all cases in which providers were found negligent, CT imaging or observation would have been indicated by every applicable CDR. © 2015 by the Society for Academic Emergency Medicine.

Legal liabilities in research: early lessons from North America

Directory of Open Access Journals (Sweden)

Birenbaum Shelley

2005-06-01

Full Text Available Abstract The legal risks associated with health research involving human subjects have been highlighted recently by a number of lawsuits launched against those involved in conducting and evaluating the research. Some of these cases have been fully addressed by the legal system, resulting in judgments that provide some guidance. The vast majority of cases have either settled before going to trial, or have not yet been addressed by the courts, leaving us to wonder what might have been and what guidance future cases may bring. What is striking about the lawsuits that have been commenced is the broad range of individuals/institutions that are named as defendants and the broad range of allegations that are made. The research community should take this early experience as a warning and should reflect carefully on practices where research involving human subjects is concerned.

Uso racional de medicamentos antineoplásicos e ações judiciais no Estado de São Paulo Uso racional de medicamentos antineoplásicos y acciones judiciales en el estado de Sao Paulo, Sureste de Brasil Rational use of anticancer drugs and patient lawsuits in the state of São Paulo, Southeastern Brazil

Directory of Open Access Journals (Sweden)

Luciane Cruz Lopes

2010-08-01

por vía judicial, con mayor impacto financiero para el Sistema Único de Salud en 2006 y 2007. Los fármacos fueron evaluados considerando las evidencias clínicas de eficacia y seguridad, con base en la clasificación de Micromedx®, metanálisis y revisiones sistemáticas. Las indicaciones fueron confrontadas con las aprobadas en agencias reguladoras. RESULTADOS: Los medicamentos bevacizumabe, capecitabina, cetuximabe, erlotinibe, rituximabe, imatinibe y temozolomida generaron gastos superiores a R$ 40 millones para atender 1.220 solicitudes, con costo promedio de R$ 33,5 mil por paciente. Los estudios seleccionados no recomiendan parte de las indicaciones de los medicamentos prescritos. Cerca de 17% de los pedidos no tenían evidencia para la indicación mencionada en el pleito, lo que equivale a un gasto inadecuado de, mínimo, R$ 6,8 millones. CONCLUSIONES: Los resultados refuerzan la necesidad de calificación técnica para tratar las demandas judiciales y exige capacitación de los profesionales en el manejo de la literatura científica, en la selección adecuada de los fármacos y en la escogencia de la mejor conducta terapéutica para cada condición clínica. De esta forma será posible garantizar el acceso a tecnologías eficaces y seguras, y así perfeccionar el modelo de asistencia farmacéutica en oncología.OBJECTIVE: To assess the rationality of legal suits and administrative requests requiring anticancer drugs filed against and submitted to the São Paulo State Department of Health, in view of scientific evidence on efficacy and safety. METHODS: A descriptive cross-sectional study was carried out based on information on lawsuits filed by cancer patients requiring anticancer drugs were furnished by the Department of Health. These drugs are among those having the greatest financial impact on the Brazilian Health System in 2006 and 2007. The drugs were assessed according to clinical evidence on efficacy and safety, based on Micromedex® categorization

78 FR 45970 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response...

Science.gov (United States)

2013-07-30

... District of Alabama in the lawsuit entitled United States of America, Alabama Department of Conservation... United States of America, Alabama Department of Conservation and Natural Resources, and the Geological... the Interior (DOI), Alabama Department of Conservation and Natural Resources, and the Geological...

Victim Oriented Tort Law in Action: An Empirical Examination of Catholic Church Sexual Abuse Cases

NARCIS (Netherlands)

van Dijck, Gijs

2018-01-01

Catholic Church sexual abuse cases have received worldwide attention, with lawsuits and nationwide investigations reported in various countries. This study examines a procedure—a hybrid between tort litigation and a victim compensation fund—that not only allowed sexual abuse victims to seek monetary

Blind Seer: A Scalable Private DBMS

Science.gov (United States)

2014-05-01

http://tartarus.org/ martin / PorterStemmer/. [3] Privacy groups file lawsuit over license plate scanners. http://www. therepublic.com/view/story...electronic discovery law. Franchise Law Journal, 32(1), 2012. [34] V. Kolesnikov. Gate evaluation secret sharing and secure one-round two-party

The Curious National Security Pendulum: Openness and/or Censorship.

Science.gov (United States)

Marwick, Christine M.

1979-01-01

Lawsuits illustrate the increasing concern over national security in regulating the security classification system, and government attitudes toward information have shifted from secrecy to openness to censorship. The Central Intelligence Agency's suppression of unclassified printed information is a case in point. (SW)

[Litigation and the right to health in Argentina].

Science.gov (United States)

Gotlieb, Verónica; Yavich, Natalia; Báscolo, Ernesto

2016-01-01

This article explores the characteristics of lawsuits for obtaining access to healthcare through the Argentine Supreme Court and reflects on the potential to influence health rights and equity in a context of growing litigation. An analysis of documents from 125 lawsuits with verdicts issued from 1994 to 2013 showed a majority of individual claims (88% of claimants were individual physical persons), and of claimants covered by social security or private insurance (64%) with typical private legal counsel (87% claiming coverage of a medical service). 75% of the verdicts simply ordered the provision of the claimed health services, without highlighting failures in the healthcare system or mandating measures to promote equity and guarantee the right to health for other persons subject to the same situation as the claimant. Thus far, litigation in health has failed to actively promote either health equity, the right to health, or inter-institutional dialogue.

Radiation Litigation and Internal Dosimetry

International Nuclear Information System (INIS)

Jose, D.E.

1987-01-01

Radiation Litigation refers to those lawsuits filed by individuals who claim to have been injured by some past exposure to ionizing radiation. Law classifies these cases as personal injury or tort cases. However, they are a new breed of such cases and the law is presently struggling with whether these cases can be resolved using the traditional methods of legal analysis or whether new forms of analysis, such as probability of causation, need to be applied. There are no absolutely certain rules concerning how these particular lawsuits will be tried and analyzed. The United States presently is defending cases filed by approximately 7000 plaintiffs. The private nuclear industry is defending cases filed by over 2000 plaintiffs. While not all of these cases will actually be tried on their merits, at least some will and internal dosimetry will play a very important part in many of these trials

Threats and Violence in the Lead-up to Psychiatric Mechanical Restraint – a Danish Case Law Study

DEFF Research Database (Denmark)

Birkeland, Søren

for instigating MR is dangerous patient behavior and research has suggested that many MR episodes result from experienced violence or threat of violence by staff these aspects attract special attention. This study analyzes the role of threat, violence, and contextual characteristics in MR lawsuits. Methodology......: In Denmark a Psychiatric Complaint Board considers patients’ complaints about compliance with law. The Board annually makes public a selection of case decisions. A case law review was carried out on all publicly available lawsuits concerning MR completed by the Board during the years 2007-2014 with focus.......g. psychological) or aggressive behavior was described (e.g. humiliating remarks). In 52 cases (32%) there was information that belt fixation had been supplemented with arm or leg fixation. MR was concluded illegal in 124 (76%) of cases and in 33 cases (20%) the duration of MR use was concluded illegal. Among...

Clean air litigation; Klagen fuer Saubere Luft

Energy Technology Data Exchange (ETDEWEB)

NONE

2016-11-11

The pollution of air by nitrogen dioxide (NO{sub 2}) in cities is one of the central challenges of air pollution in Germany, in addition to the pollution of particulate matter (PM10). In cooperation with the British non-governmental organization ClientEarth, the German Environmental Aid (DUH) filed a lawsuit in November 2015 for exceeding air quality limits for NO{sub 2}. The cities of Stuttgart, Frankfurt, Duesseldorf, Essen, Gelsenkirchen, Aachen, Cologne and Bonn are affected. Here, citizens are constantly exposed to high air pollution. Because of the excess of the NO{sub 2} limits at all traffic-related measuring stations in Berlin, the DUH initiated legal steps and filed a lawsuit too in June 2016. With the lawsuits, DUH wants to promote the implementation of measures to reduce NO{sub 2} in Germany. [German] Die Belastung der Luft durch Stickstoffdioxid (NO{sub 2}) in Staedten ist neben der Belastung durch Feinstaub (PM10) eine der zentralen Herausforderungen der Luftreinhaltung in Deutschland. In Zusammenarbeit mit der britischen Nichtregierungsorganisation ClientEarth legte die Deutsche Umwelthilfe (DUH) im November 2015 Klage wegen Ueberschreitung der Luftqualitaetsgrenzwerte fuer NO{sub 2}ein. Betroffen sind die Staedte Stuttgart, Frankfurt, Duesseldorf, Essen, Gelsenkirchen, Aachen, Koeln und Bonn. Hier sind Buergerinnen und Buerger anhaltend zu hoher Luftverschmutzung ausgesetzt. Wegen Ueberschreitung der NO{sub 2}-Grenzwerte an allen verkehrsnahen Messstationen in Berlin hat die DUH im Juni 2016 auch hier rechtliche Schritte eingeleitet und Klage eingereicht. Mit den Klagen will die DUH die Umsetzung von Massnahmen zur NO{sub 2}-Reduktion in Deutschland voranbringen.

Medical Liability in the Light of New Hungarian Civil Code

Science.gov (United States)

Barzó, Tímea

2015-01-01

The number of medical malpractice lawsuits filed each year in Hungary has considerably increased since the change of regime. The judicial decisions and practices on determining and awarding wrongful damages recoverable for medical malpractices in the Hungarian civil law have been developing for decades.

Student Suicide: Could You Be Held Liable?

Science.gov (United States)

Taylor, Kelley R.

2001-01-01

Two legal theories inspire suicide-related lawsuits: tort claims of negligence and constitutional claims based on due process. A well-known case illustrates a middle-schooler's suicide and a district's negligence. Liability factors include duty, foreseeability, special relationship, danger creation, and immunity/contributory negligence. (MLH)

75 FR 60112 - SFIREG Full Committee; Notice of Public Meeting

Science.gov (United States)

2010-09-29

...), pyrethoids and pyrethrins reevaluation, chlorpyrifos lawsuit, and usefulness to the states of Study Profile... Affairs Division (7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania... Rodenticide Act (FIFRA). B. How can I get copies of this document and other related information? 1. Docket...

Can a foetus participate in legal proceedings involving atomic energy law?

International Nuclear Information System (INIS)

Anon.

1992-01-01

A conceived but still unborn child (foetus) is not able to participate in an administrative lawsuit dealing with the decommissioning of a repository for radioactive waste. Federal Administrative Court, decision of 5.2.1992 - 7 B 13.92 - (Regional Superior Court of Magdeburg). (orig.) [de

Evidence Standards and Litigation

DEFF Research Database (Denmark)

Guerra, Alice; Luppi, Barbara; Parisi, Francesco

In litigation models, the parties’ probability to succeed in a lawsuit hinge upon two main factors: the merits of the parties’ claims and their litigation efforts (Katz, 1988; Hirshleifer, 1989; Farmer and Pecorino, 1999). In this paper we extend this framework to consider an important procedural...

77 FR 75659 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response...

Science.gov (United States)

2012-12-21

... Defendants, consisting of Johnson & Johnson, Permacel, Inc., 3M Company, Lionetti Oil Recovery, Inc., and Fry... for the District of New Jersey in the lawsuit entitled United States v. Johnson & Johnson, et al... Management Company, Union Carbide Corporation, Advanced Environmental Technology Corporation, AT&T Corp., The...

The Dental Educator and the Law.

Science.gov (United States)

Mattingly, Stephen L.; Gehring, Donald D.

1980-01-01

Dental educators, it is suggested, become vulnerable to student lawsuits if they ignore legislative changes and judicial decisions that affect all academic units in higher education. Issues involving contractual considerations, privacy and grading, and recent copyright revisions are reviewed. Knowledge of these issues will better prepare the…

Sharecropping in Higher Education: Case Study of the Florida Agricultural and Mechanical University-Florida State University Joint College of Engineering

Science.gov (United States)

Darnell, Carl

2017-01-01

Historically Black Colleges and Universities have historically been given less funding than White institutions, a known discrepancy partially rectified by the Civil Rights era desegregation lawsuits. The court-ordered funding, however, came with race-based restrictions for public HBCUs, and many lost academic programs to traditionally White…

76 FR 4489 - Disclosure for Asset-Backed Securities Required by Section 943 of the Dodd-Frank Wall Street...

Science.gov (United States)

2011-01-26

... on Loan-Repurchase Demands Sets `Template' for Banks,'' Bloomberg (Jan. 4, 2011) available at http://www.bloomberg.com/news/2011-01-03/banks-stocks-rise-after-bank-of-america-settles-mortgage-putback... Proceeding with Countrywide Lawsuit, Mortgage Servicing News, Feb. 1, 2009 (describing class action investor...

75 FR 10456 - Kootenai National Forest, Fortine Ranger District, Montana; Galton Environmental Impact Statement

Science.gov (United States)

2010-03-08

...) Planning Areas (Wigwam, Grave, and Murphy) and the Fortine Ranger District portions of two (2) Planning... lawsuit settlement agreement with the Montana Wilderness Association commits the Forest Service to develop... travel planning for the Ten Lakes WSA. This project will also reduce hazardous fuels within and outside...

77 FR 66081 - Notice of Lodging of Proposed Consent Decree Under the Clean Air Act

Science.gov (United States)

2012-11-01

... District Court for the Western District of Michigan in the lawsuit entitled United States v. Kellogg USA... Implementation Plan, for violations at Kellogg's cereal and snack food manufacturing plants located in Battle Creek, Michigan and Grand Rapids, Michigan. The proposed Consent Decree requires Kellogg to reduce its...

Your Introduction to Film-T.V. Copyright, Contracts and Other Law.

Science.gov (United States)

Minus, Johnny; Hale, William Storm

This introductory-level book surveys all legal aspects of film and television production. In addition to central issues of copyright, lawsuits, dealing with lawyers, libel, insurance, taxes, union contracts and the Federal Communications Commission, important peripheral topics--such as raising money, buying equipment, distribution, pirate usage,…

Fighting for Scholarships in Oklahoma.

Science.gov (United States)

Roach, Ronald

1999-01-01

Fearing a federal court in Oklahoma might end a state-financed merit-scholarship program targeted by a discrimination lawsuit, black legislators passed a bill making the program race and gender neutral. State regents are criticized for failing to develop effective policy to remedy past discrimination. (MSE)

Negligence and Athletic Events.

Science.gov (United States)

Mawdsley, Ralph D.

2001-01-01

Although athletic events generate their share of negligence lawsuits, the relatively small number, compared with other education areas, suggests that defenses (like assumption or risk and contributory negligence) have a better fit in athletics. Implications of newer litigation trends involving coaches' misconduct and interpretation of state…

Chemistry, Courtrooms, and Common Sense. Part I: Negligence and Duty.

Science.gov (United States)

Gass, J. Ric

1990-01-01

Discussed are concepts involved in legal liability for laboratory accidents. The focus of this article is on negligence, duty, and responsibility issues. Highlighted are the basis of a lawsuit, negligent tort, duty and breech of duty, and cause and harm. Thirty-one cases are cited. (CW)

Follow The Money

DEFF Research Database (Denmark)

Batikas, Michail; Claussen, Jörg; Peukert, Christian

Online copyright enforcement, in the form of either direct action against the supply- side (via website shutdowns) or the demand-side (via individual lawsuits against users), has not been very effective in reducing piracy. Regulators have therefore put forward the so called “follow the money...

Estimation of the economic impacts of Three Mile Island nuclear power plant accident

International Nuclear Information System (INIS)

Sagara, Aya; Fujimoto, Noboru; Fukuda, Kenji

1998-01-01

The Three Mile Island nuclear power plant accident had an immediate negative impact on the economy of the seven-country area which surrounds the plant site. In order to estimate the social effect of the nuclear power plant accident economically, immediate and short term economical impacts on some industrial classification have been evaluated. The economical effect to Metropolitan Edison Co., the circumstantial payment of the insurance and the lawsuit for the compensation for damages, etc. have been estimated at dollar 90 million for the manufacturing and nonmanufacturing industry, dollar 5 million for the tourist industry and dollar 50,000 for agriculture. The total loss for the state and country governments is about dollar 90,000. Metropolitan Edison Co. expended also dollar 111 million for the substitute energy and dollar 760 million for the decontamination cost. Since the lawsuit for the compensation for damages is still continuing, the total impacts cost is calculated more than a billion dollar. (author)

Low-Level Waste Forum notes and summary reports for 1994. Volume 9, Number 4, July 1994

International Nuclear Information System (INIS)

1994-07-01

This issue includes the following articles: Federal Facility Compliance Act Task Force forms mixed waste workgroup; Illinois Department of Nuclear Safety considers construction of centralized storage facility; Midwest Commission agrees on capacity limit, advisory committee; EPA responds to California site developer's queries regarding application of air pollutant standards; county-level disqualification site screening of Pennsylvania complete; Texas Compact legislation introduced in US Senate; Generators ask court to rule in their favor on surcharge rebates lawsuit; Vermont authority and Battelle settle wetlands dispute; Eighth Circuit affirms decision in Nebraska community consent lawsuit; Nebraska court dismisses action filed by Boyd County local monitoring committee; NC authority, Chem-Nuclear, and Stowe exonerated; Senator Johnson introduces legislation to transfer Ward Valley site; Representative Dingell writes to Clinton regarding disposal of low-level radioactive waste; NAS committee on California site convenes; NRC to improve public petition process; NRC releases draft proposed rule on criteria for decontamination and closure of NRC-licensed facilities; and EPA names first environmental justice federal advisory council

Minimizing liability risks under the ACMG recommendations for reporting incidental findings in clinical exome and genome sequencing

Science.gov (United States)

Evans, Barbara J.

2014-01-01

Recent recommendations by the American College of Medical Genetics and Genomics (ACMG) for reporting incidental findings present novel ethical and legal issues. This article expresses no views on the ethical aspects of these recommendations and focuses strictly on liability risks and how to minimize them. The recommendations place labs and clinicians in a new liability environment that exposes them to intentional tort lawsuits as well to traditional suits for negligence. Intentional tort suits are especially troubling because of their potential to inflict ruinous personal financial losses on individual clinicians and laboratory personnel. This article surveys this new liability landscape and describes analytical approaches for minimizing tort liabilities. To a considerable degree, liability risks can be controlled by structuring activities in ways that make future lawsuits nonviable before the suits ever arise. Proactive liability analysis is an effective tool for minimizing tort liabilities in connection with the testing and reporting activities that the ACMG recommends. PMID:24030435

Troubleshooting Costs

Science.gov (United States)

Kornacki, Jeffrey L.

Seventy-six million cases of foodborne disease occur each year in the United States alone. Medical and lost productivity costs of the most common pathogens are estimated to be 5.6-9.4 billion. Product recalls, whether from foodborne illness or spoilage, result in added costs to manufacturers in a variety of ways. These may include expenses associated with lawsuits from real or allegedly stricken individuals and lawsuits from shorted customers. Other costs include those associated with efforts involved in finding the source of the contamination and eliminating it and include time when lines are shut down and therefore non-productive, additional non-routine testing, consultant fees, time and personnel required to overhaul the entire food safety system, lost market share to competitors, and the cost associated with redesign of the factory and redesign or acquisition of more hygienic equipment. The cost associated with an effective quality assurance plan is well worth the effort to prevent the situations described.

Minimizing liability risks under the ACMG recommendations for reporting incidental findings in clinical exome and genome sequencing.

Science.gov (United States)

Evans, Barbara J

2013-12-01

Recent recommendations by the American College of Medical Genetics and Genomics (ACMG) for reporting incidental findings present novel ethical and legal issues. This article expresses no views on the ethical aspects of these recommendations and focuses strictly on liability risks and how to minimize them. The recommendations place labs and clinicians in a new liability environment that exposes them to intentional tort lawsuits as well to traditional suits for negligence. Intentional tort suits are especially troubling because of their potential to inflict ruinous personal financial losses on individual clinicians and laboratory personnel. This article surveys this new liability landscape and describes analytical approaches for minimizing tort liabilities. To a considerable degree, liability risks can be controlled by structuring activities in ways that make future lawsuits nonviable before the suits ever arise. Proactive liability analysis is an effective tool for minimizing tort liabilities in connection with the testing and reporting activities that the ACMG recommends.

Historic Leadership: One Courageous School Nurse's Heroic Journey-Part 3.

Science.gov (United States)

Johnsen, Ellen F; Pohlman, Katherine J

2017-05-01

School nursing practice establishes itself in the midst of both education and nursing philosophies, ethics, standards, laws, and regulations. Treading these two worlds is difficult at times and requires that a school nurse possess a strong foundational knowledge base, seek professional collaboration, and navigate conflicting professional demands in order to promote student and public safety. This article is Part 3 of a four-part series that recounts the inspiring story of a school nurse, Ellen Johnsen, who did just that back in the 1980s in Broken Arrow, Oklahoma. Part 3 describes the publication of the Attorney General's opinion validating the illegality of the school district's medication administration policy, the lawsuit Ellen brought against the Broken Arrow Public Schools, and the appeal of the final decision in that lawsuit. The purpose of this series is to enhance understanding of the legal parameters governing school nurse practice, provide examples of ethical decision making, and review the challenges associated with serving as a leader.

Low-Level Waste Forum notes and summary reports for 1994. Volume 9, Number 4, July 1994

Energy Technology Data Exchange (ETDEWEB)

NONE

1994-07-01

This issue includes the following articles: Federal Facility Compliance Act Task Force forms mixed waste workgroup; Illinois Department of Nuclear Safety considers construction of centralized storage facility; Midwest Commission agrees on capacity limit, advisory committee; EPA responds to California site developer`s queries regarding application of air pollutant standards; county-level disqualification site screening of Pennsylvania complete; Texas Compact legislation introduced in US Senate; Generators ask court to rule in their favor on surcharge rebates lawsuit; Vermont authority and Battelle settle wetlands dispute; Eighth Circuit affirms decision in Nebraska community consent lawsuit; Nebraska court dismisses action filed by Boyd County local monitoring committee; NC authority, Chem-Nuclear, and Stowe exonerated; Senator Johnson introduces legislation to transfer Ward Valley site; Representative Dingell writes to Clinton regarding disposal of low-level radioactive waste; NAS committee on California site convenes; NRC to improve public petition process; NRC releases draft proposed rule on criteria for decontamination and closure of NRC-licensed facilities; and EPA names first environmental justice federal advisory council.

The future of foreign direct liability? Exploring the international relevance of the Dutch Shell Nigeria case

NARCIS (Netherlands)

Enneking, Liesbeth; Sub Burgelijk Recht; UCALL / Aansprakelijkheid en verantwoordelijkheid

2014-01-01

In January 2013, The Hague District Court in the Netherlands rendered a groundbreaking verdict in a civil liability suit against Royal Dutch Shell and its Nigerian subsidiary (SPDC). The lawsuit had been brought before it by four Nigerian farmers and the Dutch NGO Milieudefensie, in response to a

The future of foreign direct liability? : Exploring the international relevance of the Dutch Shell Nigeria case

NARCIS (Netherlands)

Enneking, Liesbeth

2014-01-01

In January 2013, the The Hague district court in the Netherlands rendered a groundbreaking verdict in a civil liability suit against Royal Dutch Shell and its Nigerian subsidiary (SPDC). The lawsuit had been brought before it by four Nigerian farmers and the Dutch NGO Milieudefensie, in response to

Trends in Defamation Law: Let the Advisor Beware.

Science.gov (United States)

King, Robert D.

1992-01-01

Although most lawsuits brought by students against a college are grounded on contract and due process theories, courts have been willing to consider students' defamation suits using tort theories. Recent changes in defamation law have engendered increased litigation and risk of liability for faculty and advisors. (Author/MSE)

A Lawyer-Therapist Team as Mediator in a Marital Crisis.

Science.gov (United States)

Wiseman, Janet Miller; Fiske, John A.

1980-01-01

Whether the union is jeopardized by disappointment, fear of not achieving satisfaction in life, or other problems, the couple in crisis may turn to divorce as the lesser evil. The mediation process is of potential value to those couples who may want to avoid protracted, painful lawsuits. (Author)

Struggles and Solutions for Streaming Video in the Online Classroom

Science.gov (United States)

Fruin, Christine

2012-01-01

The upcoming round of exemptions to the Digital Millennium Copyright Act of 1998 anticircumvention provision and the questions raised by the copyright infringement lawsuit filed against the against University of California, Los Angeles (UCLA) for its streaming video practices illustrate the problematic state of the law concerning the digitization…

19 CFR 177.31 - Reexamination of final determinations.

Science.gov (United States)

2010-04-01

...; DEPARTMENT OF THE TREASURY (CONTINUED) ADMINISTRATIVE RULINGS Government Procurement; Country-of-Origin... final determination was the subject of a contested lawsuit timely filed in the Court of International Trade under 28 U.S.C. 1581(e) or, (b) the merchandise at issue in the initial final determination was...

How Teachers Can Avoid Being Sued: Law and American Education.

Science.gov (United States)

Greene, Jim

This paper explores what teachers can do to avoid potential lawsuits. Section 1 describes different types of laws for public and private schools. Section 2 discusses tort liability. Section 3 presents legal principles that apply to educators (in loco parents, intentional torts, strict liability, negligence, foreseeability, assigned duties,…

Post-Tobacco Master Settlement Agreement: Policy and Practice Implications for Social Workers

Science.gov (United States)

Clark, Trenette T.; Sparks, Michele Jones; McDonald, Theresa M.; Dickerson, Janet D.

2011-01-01

The 1998 Tobacco Master Settlement Agreement (MSA) was developed between states and tobacco manufacturers to settle the states' lawsuits against tobacco manufacturers and recover tobacco health-related costs. States won billions of dollars and concessions regarding how tobacco products could be advertised. The purpose of the MSA was to prevent…

78 FR 38074 - Notice of Lodging of Proposed Consent Decree Under the Clean Air Act

Science.gov (United States)

2013-06-25

... manufacturing plants operating in as many states. The states of Arkansas, Idaho, Kansas, Montana, Nebraska... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Air Act On June... Court for the District of Kansas in the lawsuit entitled United States et al. v. Ash Grove Cement...

The Waning Impact of School Finance Litigation on Inequality in Per Student Revenue during the Adequacy Era

Science.gov (United States)

Condron, Dennis J.

2017-01-01

Since 1989, most states have faced "adequacy" lawsuits that target state constitutions' education clauses in aiming to boost funding provided to disadvantaged districts--which should reduce overall inequality in school funding. Using pooled time-series data on 44 states over 19 years spanning the adequacy era, this study examines how…

24 CFR 880.606 - Lease requirements.

Science.gov (United States)

2010-04-01

... guilt, or to accept without question any judgment favoring the landlord in a lawsuit brought in... the tenant for eviction, money damages, or other purposes, or (2) any other action affecting the... the tenant's right to trial by jury. g. Waiver of Right to Appeal Court Decision. Authorization to the...

Documenting Employee Conduct

Science.gov (United States)

Dalton, Jason

2009-01-01

One of the best ways for a child care program to lose an employment-related lawsuit is failure to document the performance of its employees. Documentation of an employee's performance can provide evidence of an employment-related decision such as discipline, promotion, or discharge. When properly implemented, documentation of employee performance…

Lifting All Boats? Finance Litigation, Education Resources, and Student Needs in the Post-"Rose" Era

Science.gov (United States)

Sims, David P.

2011-01-01

"Rose v. Council for Better Education" (1989) is often considered a transition point in education finance litigation, heralding an era of increasing concern for measurable adequacy of education across a broad spectrum of student needs. Prior research suggests that post-Rose lawsuits had less effect on the distribution of school spending…

78 FR 73451 - Defense Federal Acquisition Regulation Supplement: Unallowable Fringe Benefit Costs (DFARS Case...

Science.gov (United States)

2013-12-06

... contract. Penalties may be waived in accordance with FAR 42.709-5(c). 9. Exceeding the Actual Costs of... not face the possibility of False Claims Act prosecutions, Civil False Claims Act damages, qui tam... possibility of False Claims Act prosecutions, Civil False Claims Act damages, qui tam lawsuits or debarment...

Preparing the Pipeline: The U.S. Cyber Workforce for the Future

Science.gov (United States)

2012-08-01

duty and Reserve military personnel. As a result, VA spent $7 million to notify affected per- sonnel of the data breach , $100 million to offer 1 year...of free credit reporting to affected individuals, and also faced a class-action lawsuit from five veterans’ groups.16 The data breach occurred

Organizational Placement and Perceived Legitimacy and Authority of Copyright Information Dissemination and Management in the Research University

Science.gov (United States)

Albitz, Rebecca S.

2012-01-01

Copyright plays a central role in numerous activities within higher education, and educating a university community about copyright law should be a priority, if only to protect the institution from lawsuits. But, based upon a literature review, institutions devote a more resources to other intellectual property activities--plagiarism detection,…

78 FR 8745 - Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Tidewater Goby

Science.gov (United States)

2013-02-06

... the Tidewater Goby (Service 2005a; Recovery Plan). The basis for our action. Under the Act, we must... units in California (73 FR 5920, January 31, 2008). The lawsuit challenged the Service's failure to... to our Recovery Plan (Service 2005a), which is available from the Ventura Fish and Wildlife Office...

Influence of Course in Medical Ethics and Law on Career Plans of Medical Students

Science.gov (United States)

Cheng, Shi-Yann; Lin, Lih-Hwa; Kao, Chung-Han; Chan, Tzu-Min

2015-01-01

Background: The significant increase in medical disputes and lawsuits in recent years in Taiwan has severely affected behavior and ecology in medical practice. For this reason, we designed integrated courses on ethics and law and conducted a questionnaire-based career plan study to understand whether these issues influence their specialty…

Suicide Prevention: Critical Elements for Managing Suicidal Clients and Counselor Liability Without the Use of a No-Suicide Contract

Science.gov (United States)

Lee, Jeane B.; Bartlett, Mary L.

2005-01-01

Despite its entrenchment as a standard of practice, no-suicide contracts fail to achieve their purpose as an effective part of treatment or as an effective method of inoculating counselors against potential lawsuits should a client commit suicide. Critical elements for managing suicidal clients and counselor liability without reliance on the…

Class Action and Class Settlement in a European Perspective

DEFF Research Database (Denmark)

Werlauff, Erik

2013-01-01

The article analyses the options for introducing common European rules on class action lawsuits with an opt-out-model in individual cases. An analysis is made of how the risks of misuse of class actions can be prevented. The article considers the Dutch rules on class settlements (the WCAM procedure...

California State U. Campuses Struggle to Comply with Gender-Equity Goals.

Science.gov (United States)

Selingo, Jeffrey

1997-01-01

Almost three years after the California State University System settled a sex-discrimination lawsuit by acceding to the strictest gender-equity standards in college sports, only 2 of the 19 institutions sponsoring athletic programs have met the agreement's terms. Some feel the agreement, based on proportionality of participation and funding for…

Continuing battle on the acceptance of spent fuel: Is there an appropriate remedy?

International Nuclear Information System (INIS)

Silberg, J.E.

1999-01-01

This paper is an outline of a presentation delivered by the author at the INMN Spent Fuel Management Seminar XVI. The topics he covers are: (1) Indiana Michigan Power vs DOE; (2) Northern States Power vs DOE; (3) Post-NSP Developments Before Damage Claims Filed; and (4) Spent Fuel Damages Lawsuits

Human dignity and the future of the voluntary active euthanasia ...

African Journals Online (AJOL)

The issue of voluntary active euthanasia was thrust into the public policy arena by the Stransham-Ford lawsuit. The High Court legalised voluntary active euthanasia – however, ostensibly only in the specific case of Mr Stransham-Ford. The Supreme Court of Appeal overturned the High Court judgment on technical grounds, ...

Risk Management: Earning Recognition with an Automated Safety Program

Science.gov (United States)

Lansberry, Linden; Strasburger, Tom

2012-01-01

Risk management is a huge task that requires diligent oversight to avoid penalties, fines, or lawsuits. Add in the burden of limited resources that schools face today, and the challenge of meeting the required training, reporting, compliance, and other administrative issues associated with a safety program is almost insurmountable. Despite an…

A Qualitative Exploration of Self-Learning to Improve Alcoholic Beverage Server Practices

Science.gov (United States)

Willingham, Mark

2016-01-01

Waiters who serve alcoholic beverages at the majority of bars and restaurants in the United States are apt to serve alcohol to patrons who are visually intoxicated, notwithstanding laws prohibiting such service. Adverse effects of this practice include patron injuries, deaths, and law violations resulting in fines, incarceration, and lawsuits.…

Technology, the Law, and Higher Education Policy: Visions for Community College Administrators.

Science.gov (United States)

Basham, Matt

2003-01-01

Analyzes the impact of the U.S. Patriot Act on educational institutions, particularly in the area of information technology security. Warns that the Act could impact distance learning and campus Internet service providers, and that lawsuits are being filed against universities for having lax cybersecurity. Makes suggestions for dealing with these…

High Court Hesitant to Bar Pledge in Schools

Science.gov (United States)

Hendrie, Caroline

2004-01-01

This article reports on a lawsuit filed by Michael A. Newdow, a California atheist, on behalf of his daughter, against inclusion of the words "under God" in public schools' recitals of the United States Pledge of Allegiance. He said that the words "under God" represent "religious dogma" that is needlessly divisive.…

Scholars Worry Conflicts over Data Could Hamstring Future Research

Science.gov (United States)

Sparks, Sarah D.

2010-01-01

The recent high-profile data-confidentiality fights in Arizona and Los Angeles have researchers worried that access to educators may become a difficult path. In the course of a decadelong federal lawsuit over English-language-learner programs in Arizona, lawyers for state schools chief Tom Horne subpoenaed the raw data from three studies…

A Multitude of Risks in Multimedia.

Science.gov (United States)

Loving, Bill

Multimedia presentations offer educators and other communicators new avenues to reach audiences, but they combine a variety of legal hazards. Producers of multimedia can end up on the receiving end of lawsuits based on the many facets of copyright, privacy, and defamation law, as this guide illustrates. Copyright gives authors, composers,…

75 FR 42054 - Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for Brodiaea filifolia

Science.gov (United States)

2010-07-20

...-2379-W- NLS). This lawsuit challenged the validity of the information and reasoning we used to exclude... defines critical habitat as the specific areas within the geographical area occupied by a species, at the... protection, and specific areas outside the geographical area occupied by a species at the time it is listed...

You've Been Served: Surviving a Deposition

Science.gov (United States)

Wodarz, Nan

2010-01-01

School business managers are in the unique position of supervising the areas of the operation that present the greatest opportunities for legal issues to arise. New construction and renovation projects are strewn with legal land mines. The possibility of lawsuits hovers like a black cloud over personnel issues. Opportunities for transportation or…

Shutting Out Child-Snatchers.

Science.gov (United States)

Trotter, Andrew

1993-01-01

Parental kidnapping could lead to a lawsuit against the school or principal. After general building security, schools need to check on custody status, network with the courts, and convince both custodial and noncustodial parents that schools are on the children's side. A summary provides 14 steps to safeguard against parental kidnapping. (MLF)

78 FR 69709 - Notice of Extension to Public Comment Period for Consent Decree Under the Clean Air Act and the...

Science.gov (United States)

2013-11-20

... Clean Air Act and the Emergency Planning and Community Right- To Know Act'' On September 30, 2013, the... lawsuit filed under the Clean Air Act and the Emergency Planning & Community Right to Know Act, the United... would receive comments concerning the settlement for a period of thirty (30) days from the date of...

77 FR 19932 - Inmate Communication With News Media: Removal of Byline Regulations

Science.gov (United States)

2012-04-03

... Communication With News Media: Removal of Byline Regulations AGENCY: Bureau of Prisons, Justice. ACTION: Final... media and the inmate, for which the inmate is compensated. But the scope of this lawsuit does not... because the inmate publishes a writing under a byline in the news media is much more remote. Id. at 1123...

Aula Verde: Art as Experience in Community-Based Environmental Education

Science.gov (United States)

Abarca, Marco A.

2010-01-01

After winning a class-action lawsuit against unconstitutional prison conditions in Puerto Rico, Marco Abarca managed to direct part of the fine monies accumulated throughout years of litigation toward an investment that would improve the living conditions in one of the largest and poorest housing projects in Puerto Rico. With the participation of…

As His Day in Court Arrives, Ward Churchill Is Depicted in Sharply Different Lights

Science.gov (United States)

Schmidt, Peter

2009-01-01

The trial in Ward Churchill's lawsuit against the University of Colorado got under way here last week with lawyers for the opposing sides painting starkly different pictures of both the controversial ethnic-studies professor and the circumstances surrounding his dismissal by the university in 2007. In delivering their opening remarks in a crowded…

Cause and Prevention of Playground Injuries and Litigation; Case Studies.

Science.gov (United States)

Frost, Joe L.; Sweeney, Theodora B.

This study examined 187 playground injuries and 13 fatalities that resulted in lawsuits between 1981 and 1995, taken from the files of two expert witnesses on playground safety who testified in the cases. The data are presented by geographic location, nature of injuries, cause of injuries/fatalities, playground equipment implicated, location of…

Homeschooling in Brazil: A Matter of Rights or a Political Debate?

Science.gov (United States)

Barbosa, Luciane Muniz Ribeiro

2016-01-01

This article presents an analysis of the right to education in Brazil in light of the growing number of Brazilian families practicing homeschooling. The debate is recent in Brazil. Here we present an analysis of international literature on homeschooling, Brazilian literature on the right to education, and an appraisal of lawsuits against Brazilian…

The $100,000 Kiss: What Constitutes Peer Sexual Harassment for Schoolchildren under the "Davis v. Monroe County Board of Education" Holding?

Science.gov (United States)

Routh, Joanna L.

1999-01-01

Now that the Supreme Court in "Davis" has determined that schools can be sued for what one child does to another, schools will have a hard time avoiding frivolous lawsuits. The difficulty of analyzing the "Davis" decision lies in drawing a line between teasing and harassment. The conduct of certain six- and seven- year-olds…

State School Finance System Variance Impacts on Student Achievement: Inadequacies in School Funding

Science.gov (United States)

Hoffman, Michael J.; Wiggall, Richard L.; Dereshiwsky, Mary I.; Emanuel, Gary L.

2013-01-01

Adequate funding for the nation's schools to meet the call for higher student achievement has been a litigious issue. Spending on schools is a political choice. The choices made by state legislatures, in some cases, have failed to fund schools adequately and have incited school finance lawsuits in almost all states. These proceedings are generally…

76 FR 38419 - United States v. George's Foods, LLC, et. al.; Proposed Final Judgment and Competitive Impact...

Science.gov (United States)

2011-06-30

... provisions of Section 5(a) of the Clayton Act, 15 U.S.C. 16(a), the proposed Final Judgment has no prima facie effect in any subsequent private lawsuit that may be brought against George's. V. Procedures... in protecting the public interest is one of insuring that the government has not breached its duty to...

Rethinking "Turner v. Keefe": The Parallel Mobilization of African-American and White Teachers in Tampa, Florida, 1936-1946

Science.gov (United States)

Shircliffe, Barbara J.

2012-01-01

In 1941, members of the local unit of the Florida State Teachers Association (FSTA) met in Tampa to plan a lawsuit against Hillsborough County's school board for paying African-American teachers less than white teachers. Hilda Turner, who taught history and economics at Tampa's historically black high school, agreed to serve as plaintiff; she was…

DOE agrees to open-quote Historic close-quote settlement in Fernald case

International Nuclear Information System (INIS)

Lobsenz, G.

1994-01-01

In a historic agreement, the Energy Department moved to settle litigation brought by former workers at its Fernald uranium plant by promising to pay at least $20 million for claims related to alleged poor radiation protection practices at the Ohio facility. This article discusses the settlement, its history, implications, and other lawsuits filed against DOE

Crime on Campus: Institutional Tort Liability for the Criminal Acts of Third Parties.

Science.gov (United States)

Raddatz, Anita

To aid colleges and universities in protecting students and other potential victims of crime, a general analysis of the pertinent case law concerning institutional tort liability for campus crime is provided. The analysis of case law explains that lawsuits are usually based on the theory of negligence. Negligence consists of four elements: duty;…

29 CFR 825.400 - Enforcement, general rules.

Science.gov (United States)

2010-07-01

... 29 Labor 3 2010-07-01 2010-07-01 false Enforcement, general rules. 825.400 Section 825.400 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR OTHER LAWS THE FAMILY... with the Secretary of Labor, or (2) Filing a private lawsuit pursuant to section 107 of FMLA. (b) If...

Tenured Teacher Dismissal in New York: Education Law § 3020-a "Disciplinary Procedures and Penalties." Working Paper 2014-1

Science.gov (United States)

Stevens, Katharine B.

2014-01-01

The two recently-filed New York lawsuits claiming that teacher tenure laws violate children's constitutional right to a "sound basic education" are finally dragging the long-obscure Section 3020-a of the state's Education Law into the spotlight. This attention is badly overdue because for decades § 3020-a has impeded efforts to ensure a…

A Day of Silence, a Day of Truth, and a Lawsuit

Science.gov (United States)

Fusarelli, Bonnie C.; Eaton, Lucy E.

2011-01-01

This case study focuses on issues of freedom of speech and freedom of religion in public schools. It involves a rural, southern high school where a group of students participated in a Day of Silence. The school allowed the students to participate based on the principal's understanding of the students' First Amendment rights. However, the next day,…

Analysis of lawsuit cases in the Department of Surgery in Korea

Science.gov (United States)

Jung, Ji Yun; Kim, So Yoon; Kim, Dong Gyu; Kim, Choong Bai; Chi, Kyong-Choun; Kang, Won Kyung

2018-01-01

Purpose The aim of this study is to prepare medical staff in order to prevent medical malpractice litigation through analysis of litigation cases related to the department of surgery in Korea. Methods A total of 94 litigation cases related to the department of surgery, where a certain amount of payment was ordered to the defendant between 2005 through 2010, were analyzed. We examined time of occurrence, amount claimed and awarded in damages, plaintiff claims, and court opinion. Results An average of 3.2 years was spent from the date of the incident occurring to the end of the litigation procedures. The average amount awarded in judgments for damages was 59,708,983 ± 67,307,264 (range, 1,700,000–365,201,482) Korean won. Cases were found involving the following opinion of the court: violation of duty of care (49 cases), violation of informed consent (7 cases), violation of duty of care and informed consent (5 cases), and settlement, reconciliation, and others (32 cases). By analyzing defendants' negligence in court opinions, diagnosis (30.8%) was the most common, followed by post-operation management (27.7%). Conclusion Physicians have to conduct treatment and surgery based on exact diagnosis and be careful to observe patients' conditions and symptoms after surgery. It is essential to identify the current status and characteristics of medical litigation for reducing further litigation and improving patient safety. In order to create a safe medical environment, national efforts should be made not only by individuals but also at the national level. PMID:29520344

Case Law

International Nuclear Information System (INIS)

2014-01-01

This section treats of the following case laws sorted by country: 1 - Germany: Federal Administrative Court confirms the judgments of the Higher Administrative Court of the Land Hesse: The shutdown of nuclear power plant Biblis blocks A and B based on a 'moratorium' imposed by the Government was unlawful; List of lawsuits in the nuclear field. 2 - Slovak Republic: Further developments in cases related to the challenge by Greenpeace Slovakia to the Mochovce nuclear power plant; Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant. 3 - United States: Judgment of the Nuclear Regulatory Commission resuming the licensing process for the Department of Energy's construction authorisation application for the Yucca Mountain high-level radioactive waste repository; Judgment of the Licensing Board in favour of Shaw AREVA MOX Services regarding the material control and accounting system at the proposed MOX Facility; Dismissal by US District Court Judge of lawsuit brought by US military personnel against Tokyo Electric Power Company (TEPCO) in connection with the Fukushima Daiichi nuclear power plant accident

Malpractice in Radiology: What Should You Worry About?

Directory of Open Access Journals (Sweden)

Alessandro Cannavale

2013-01-01

Full Text Available Over recent years the professional role of the radiologist has been evolved due to the increasing involvement in the clinical management of the patient. Radiologists have thus been increasingly charged by new duties and liabilities, exposing them to higher risks of legal claims made against them. Malpractice lawsuits in radiology are commonly related to inappropriate medical care or to the poor physician-patient relationship. In the present paper, we provide overview of the basic principles of the medical malpractice law and the main legal issues and causes of legal actions against diagnostic and interventional radiologists. We also address some issues to help radiologists to reduce risks and consequences of malpractice lawsuits. These include (1 following the standard of care to the best of their ability, (2 cautious use of off-label devices, (3 better communication skills among healthcare workers and with the patient, and (4 ensuring being covered by adequate malpractice insurance. Lastly, we described definitions of some medicolegal terms and concepts that are thought to be useful for radiologists to know.

Malpractice in Radiology: What Should You Worry About?

International Nuclear Information System (INIS)

Cannavale, A.; Passariello, R.; Santoni, M.; Mancarella, P.; Arbarello, P.

2013-01-01

Over recent years the professional role of the radiologist has been evolved due to the increasing involvement in the clinical management of the patient. Radiologists have thus been increasingly charged by new duties and liabilities, exposing them to higher risks of legal claims made against them. Malpractice lawsuits in radiology are commonly related to inappropriate medical care or to the poor physician-patient relationship. In the present paper, we provide overview of the basic principles of the medical malpractice law and the main legal issues and causes of legal actions against diagnostic and interventional radiologists. We also address some issues to help radiologists to reduce risks and consequences of malpractice lawsuits. These include (1) following the standard of care to the best of their ability, (2) cautious use of off-label devices, (3) better communication skills among health care workers and with the patient, and (4) ensuring being covered by adequate malpractice insurance. Lastly, we described definitions of some medicolegal terms and concepts that are thought to be useful for radiologists to know.

The U.S. uranium industry

International Nuclear Information System (INIS)

Glasier, G.E.

1987-01-01

This presentation concentrates on the future of the U.S. uranium industry in light of potential embargo legislation and the uranium producers' lawsuit. The author discusses several possible resolutions which would lead to a more certain and possibly stable uranium market. The probability of one or more Six possible actions which would effect the uranium industry are addressed

Federal Judge Orders Showing of Controversial Film.

Science.gov (United States)

Flygare, Thomas J.

1987-01-01

Reviews a recent court decision in Nebraska regarding the cancellation of a controversial film on the University of Nebraska campus. The film was cancelled after a state senator threatened to close the theater if the movie was shown. The lawsuit alleged the university violated the First Amendment in cancelling the film; the judge ruled for the…

Science, Politics, and Best Practice: 35 Years after Larry P.

Science.gov (United States)

Frisby, Craig L.; Henry, Betty

2016-01-01

A little over 35 years have passed since the original "Larry P." decision was handed down in 1979 by Robert Peckham, a federal judge for the US District Court for the Northern District of California. The "Larry P. case" is a shorthand moniker that refers to a class action lawsuit, supported by the Bay Area Association of Black…

Identity theft and your practice.

Science.gov (United States)

Asbell, Lisa

2010-01-01

Medical identity theft is a growing problem in America. The federal government has passed laws to help "prevent" identity theft. However, several powerful medical associations are fighting the legislation. Americans need to know what is happening with these laws and why these laws are important to protect providers from lawsuits and consumers of healthcare from medical identity theft.

Employment references: defamation law in the clinical laboratory.

Science.gov (United States)

Parks, D G

1993-01-01

The law of defamation and the risks involved in issuing employment references are discussed. A hypothetical scenario is used to illustrate the legal standards governing the tort of defamation and to apply those standards to employment references. Practical suggestions for a "controlled reference" policy are provided, with the objective of allowing for responsible exchange of employment information and avoiding a defamation lawsuit.

Dysfunctional health service conflict: causes and accelerants.

Science.gov (United States)

Nelson, H Wayne

2012-01-01

This article examines the causes and accelerants of dysfunctional health service conflict and how it emerges from the health system's core hierarchical structures, specialized roles, participant psychodynamics, culture, and values. This article sets out to answer whether health care conflict is more widespread and intense than in other settings and if it is, why? To this end, health care power, gender, and educational status gaps are examined with an eye to how they undermine open communication, teamwork, and collaborative forms of conflict and spark a range of dysfunctions, including a pervasive culture of fear; the deny-and-defend lawsuit response; widespread patterns of hierarchical, generational, and lateral bullying; overly avoidant conflict styles among non-elite groups; and a range of other behaviors that lead to numerous human resource problems, including burnout, higher staff turnover, increased errors, poor employee citizenship behavior, patient dissatisfaction, increased patient complaints, and lawsuits. Bad patient outcomes include decreased compliance and increased morbidity and mortality. Health care managers must understand the root causes of these problems to treat them at the source and implement solutions that avoid negative conflict spirals that undermine organizational morale and efficiency.

Basic Study on Term of Warranty Liability for Water Supply, Drainage, and Sanitation Arrangement Work Defect in Apartment Building

Science.gov (United States)

Park, Junmo; Seo, DeokSeok

2017-06-01

The defect lawsuit of the apartment which is the representative residential style of Korea continues and becomes a social problem. In the defect lawsuit, the term of warranty liability is a period that can demand the defect repair according to defect occurrence, and the exclusion period of the exercise of rights. However, the term of warranty liability stipulated in relevant laws such as Enforcement Decree of the Housing Act is being changed arbitrarily, without any established grounds. Therefore, a reasonable standard for establishing the term of warranty liability is required. In this study, the defects of water supply, drainage and sanitation arrangement work were studied. As a result of analyzing the number of defect occurrence in the apartment, it was shown that the defects in water supply, drainage and sanitation arrangement work occurred more than 80% in the 1st ∼ 2nd year after completion. However, the occurrence of defects from the 3rd year was extremely slight. On the other hand, it was confirmed that the defect occurrence continued until fairly late point of time as the end point of time of the defects was in the 7th to 9th years.

PERLINDUNGAN HUKUM TRANSAKSI JUAL BELI KOMPUTER RAKITAN MENURUT UNDANG-UNDANG TENTANG PERLINDUNGAN KONSUMEN (Studi Di Bintan Risky Computer Surabaya

Directory of Open Access Journals (Sweden)

Erie Hariyanto

2012-03-01

Full Text Available In the computer trade is known two terms of the computer type namely Branded computer, which is usually sold in a well packet, assembled by the producer (company and the second one is assembly computer that nowadays dominates more than 60 % of computer market share in Indonesia in which the trade transaction makes many obstacles which need the solution and law protection for those involved in the trade transaction of assembly computer. By being prevailed the law of number 8, 1999 about consumer protection, it is wondered whether it has given the law protection for those who are involved especially the consumers. It can be devided into three stages, they are preliminary transaction or the bargain of assembly computer through advertisement, the transaction or agreement of the assembly computer trade and the last is the transaction of sale after service that also concerns with the guarantee. The form of lawsuit solution is commonly done by the familial relathionship between the consumer and the seller. It is the best and effective solution, although the law of the consumer protection also gives the place to complain their cases through the consumer lawsuit affairs.

Kernkraftwerk Sued - the Wyhl decision of March 30, 1982/July 6, 1982

International Nuclear Information System (INIS)

1982-01-01

This volume contains the complete Wyhl decision of the Higher Administrative Court of Baden-Wuerttemberg of March 30, 1982-X575/77, X578/77, X583/77 which cores 548 pages. According to the press release the complete decision has been delivered to the counsels of the parties to the lawsuit on July 7, 1983; on the appeal of the defendant Land and the attending Kernkraftwerk Sued GmbH the Higher Administrative Court has amended the decisions of the Administrative Court of Freiburg of March 14, 1977 and has rejected the actions of nine citizens against the first part construction permit. Moreover, the senate has sent to the parties to the lawsuit the decision of March 30, 1982, by which the value in dispute for these proceedings on appeal is fixed to DM 180,000. The time for the lodging of an appeal, which has been admitted by the senate in this process, begins with the delivery of the completely well-founded decision. Moreover, the volume contains a 10 pages summary of contents of the decision and a table of contents of the reasons for the decision. (orig./HSCH) [de

TUNTUTAN HAK DALAM PERSIDANGAN PERKARA PERDATA

Directory of Open Access Journals (Sweden)

Rahadi Wasi Bintoro

2010-05-01

Full Text Available Procedure of private law in Indonesia have experiencing of some growths, for the example is the mechanism of suing which it's not arranged in Het Herzeine Indonesich Reglement, such as class action, legal standing, citizen lawsuit or actio popularis. This article is study to the difference characteristic of suing in procedure of private law in Indonesia. Pursuant to analysis result, the mechanism of ordinary suing is the mechanism suing by the plaintiff to the sued as effect of contempt of court or break a promise which it have generated loss to plaintiff. Class action is the mechanism of suing by numerous plaintiff which it raised by class representative, that representing his own and his group member, with demand in the form of indemnation. Suing of non government organization (NGO or legal standing is the mechanism of proffering suing by NGO as collision effect or existence of contempt of court which done by the people which arranged in statues. Citizen lawsuit or actio popularis is a suing that raised by citizen to state, as effect of existence of contempt of court, in the form of neglected the civil rights. Its purpose is formed the law order immediately.

The incident of repetitive demands resolution in consumer affairs: empirical analysis of legal feasibility

Directory of Open Access Journals (Sweden)

Lucas do Monte Silva

2017-05-01

Full Text Available Faced with the scenario of massification of lawsuits, this article intends to analyze the main arguments and questionings of the demands related to moral damage and health plans, on Santa Catarina’s Court of Justice, in order to analyze the possible application of the incident of repetitive demands resolution of the new Civil Procedure Code. To do so, it will be done, first, an analysis of the current context of the Brazilian judiciary, presenting the context of repetitive demands and massification of contracts and introductory aspects of the incident of repetitive demands resolution. Then it will made be a judicial empirical analysis, quantitative and qualitative, through a case study of Santa Catarina Courts of Justice, conducting an empirical study of cross descriptive analysis of the demands related to the issue highlighted above, in order to demonstrate an 'argumentative radiography’ of the judgments of that Court. The results confirmed the possibility of applying IRDR in repetitive demands relating to subjects of this study, with due legal caution, taking into account the high number of “issues of fact” that involve lawsuits that have, among their claims, compensation for moral damages.

When patients are harmed, but are not wronged: ethics, law, and history.

Science.gov (United States)

Klaas, Paul B; Berge, Keith H; Klaas, Kelsey M; Klaas, James P; Larson, Annalise Noelle

2014-09-01

Iatrogenic injury-injury caused unintentionally by medical treatment-breaks the oldest and most famous rule of medical ethics: primum non nocere, or above all, do no harm. Medical malpractice law, however, focuses on whether an injury was caused by negligence, not on whether an injury was iatrogenic. Iatrogenic injury inflicted without negligence is a common pattern in medical malpractice lawsuits; it is likely the pattern of Jacobs v Cross (Minnesota, 1872), in which Dr W. W. Mayo testified as an expert witness. As a matter of law, the doctor defendants should win all those lawsuits, for iatrogenic injury inflicted without negligence is not a legal wrong in the United States and has not been considered a legal wrong for hundreds of years. However, the medical ethics applicable to doctors' duties to report incompetence in colleagues, including those who inflict excessive iatrogenic injury, have developed dramatically over time. In 1872, the ethical codes in the United States exhorted doctors not to criticize another doctor, even if incompetent. Today, doctors in the United States are ethically required to report an incompetent colleague. Copyright © 2014 Mayo Foundation for Medical Education and Research. Published by Elsevier Inc. All rights reserved.

Access to treatment for phenylketonuria by judicial means in Rio Grande do Sul, Brazil

Directory of Open Access Journals (Sweden)

Luciano Mangueira Trevisan

2015-05-01

Full Text Available Treatment of phenylketonuria (PKU includes the use of a metabolic formula which should be provided free of charge by the Unified Health System (SUS. This retrospective, observational study sought to characterize judicial channels to obtain PKU treatment in Rio Grande do Sul (RS, Brazil. Lawsuits filed between 2001- 2010 and having as beneficiaries PKU patients requesting treatment for the disease were included. Of 20 lawsuits filed, corresponding to 16.8% of RS patients with PKU, 19 were retrieved for analysis. Of these, only two sought to obtain therapies other than metabolic formula. In all the other 17 cases, prior treatment requests had been granted by the State Department of Health. Defendants included the State (n = 19, the Union (n = 1, and municipalities (n = 4. In 18/19 cases, the courts ruled in favor of the plaintiffs. Violation of the right to health and discontinuation of State-provided treatment were the main reasons for judicial recourse. Unlike other genetic diseases, patients with PKU seek legal remedy to obtain a product already covered by the national pharmaceutical assistance policy, suggesting that management failures are a driving factor for judicialization in Brazil.

Third party Superfund lawsuit defense influenced by the choice of remediation method

International Nuclear Information System (INIS)

Haddad, B.I.; Parish, G.B.

1994-01-01

Paper Company A was sued in a third party action suit initiated by a local utility who was a potential responsible party (PRP) to a contaminated site regulated under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) program. In addition to Paper Company A, other parties to the third party suit included Paper Company B and Contractor C, a demolition contractor/waste hauler. Other PRPs included land owners where the contaminated debris was dumped, Mr. and Mrs. D. Based on background information, Paper Company A dumped coal ash, off quality feed stock, wood and trash north of the D-property. Paper Company B admitted dumping material north of the D-property. Samples of industrial sludges on the D-property had properties characteristic of the Paper Company B's sludges. Paper Company B dumped ash, chromium contaminated gypsum sludge and other waste. The utility company dumped ash on the D-property. Contractor C hauled demolition debris to the D property. A third PRP, Company E was the original owner of the buildings that were demolished. This PRP settled with the EPA as part of a bankruptcy settlement. The hazardous substances encountered at the site included PCBs, chromium and lead in the coal ash, demolition debris and industrial sludges. Disposal of material containing hazardous substances resulted in PCB contaminated debris and sediment, and chromium and lead contamination in the sediment, soil and groundwater

Investigating the Educational Foundations of Doe versus Kamehameha Schools Lawsuit, 1887-2007

Science.gov (United States)

Beyer, C. Kalani

2010-01-01

Today the Kamehameha Schools are widely known for excellent education. In part this is due to the almost $9 billion dollar value of the Bishop Estate that funds and controls the schools. Unfortunately, its success has led to non-Hawaiians challenging its admissions policy, which has since its inception been based upon admitting Native Hawaiian…

Lawsuits After Primary and Revision Total Hip Arthroplasties: A Malpractice Claims Analysis.

Science.gov (United States)

Patterson, Diana C; Grelsamer, Ronald P; Bronson, Michael J; Moucha, Calin S

2017-10-01

As the prevalence of total hip arthroplasty (THA) expands, so too will complications and patient dissatisfaction. The goal of this study was to identify the common etiologies of malpractice suits and costs of claims after primary and revision THAs. Analysis of 115 malpractice claims filed for alleged neglectful primary and revision THA surgeries by orthopedic surgeons insured by a large New York state malpractice carrier between 1983 and 2011. The incidence of malpractice claims filed for negligent THA procedures is only 0.15% per year in our population. In primary cases, nerve injury ("foot drop") was the most frequent allegation with 27 claims. Negligent surgery causing dislocation was alleged in 18 and leg length discrepancy in 14. Medical complications were also reported, including 3 thromboembolic events and 6 deaths. In revision cases, dislocation and infection were the most common source of suits. The average indemnity payment was $386,153 and the largest single settlement was $4.1 million for an arterial injury resulting in amputation after a primary hip replacement. The average litigation cost to the insurer was $61,833. Nerve injury, dislocation, and leg length discrepancy are the most common reason for malpractice after primary THA. Orthopedic surgeons should continue to focus on minimizing the occurrence of these complications while adequately incorporating details about the risks and limitations of surgery into their preoperative education. Copyright © 2017 Elsevier Inc. All rights reserved.

Medical malpractice lawsuits and the value of skilled and diverse legal counsel.

Science.gov (United States)

Lapuyade, Keith D; Sorkin, Alison C

2013-12-01

Medical malpractice claims against dermatologists and dermapathologists arise mostly out of claims for negligence--when a patient claims a provider owed a duty to a patient, breached that duty, and caused damages to the patient. When a health care provider files a claim with his or her insurance company, the insurance company will usually retain and pay an attorney for the health care provider. It is important to understand the role the attorney retained by the insurance company plays to evaluate whether a health care provider should seek the advice of independent or "personal" counsel.

Do workers' compensation laws protect industrial hygienists from lawsuits by injured workers?

Science.gov (United States)

Stout, N C

1993-11-01

Workers' compensation laws provide injured employees with a swifter, more certain, and less litigious system of compensation than existed under the common law. Although workers' compensation is almost always an injured employee's exclusive remedy against the employer, the employee may bring a common-law tort action against a "third party" who may be liable in whole or in part for the employee's injury. This article investigates whether industrial hygienists are "third parties" and therefore subject to suit by injured employees who claim that industrial hygienists negligently caused their injuries. The author concludes that in most states, where the industrial hygienist and the injured worker are fellow employees, the industrial hygienist shares the employer's immunity from suit. As to the consultant who performs industrial hygiene services as an independent contractor, the author concludes that the employer's nondelegable duty to provide a safe workplace offers industrial hygiene consultants an argument that they share the employer's immunity from suit. Countervailing arguments, however, leave the industrial hygiene consultant vulnerable to negligence claims in many jurisdictions. There is a trend among the states to extend the employer's immunity to those who provide safety and health services to the employer.

Protecting personal information: Implications of the Protection of Personal Information (POPI) Act for healthcare professionals.

Science.gov (United States)

Buys, M

2017-10-31

Careless handling of patient information in daily medical practice can result in Health Professions Council of South Africa sanction, breach of privacy lawsuits and, in extreme cases, serious monetary penalty or even imprisonment. This review will focus on the Protection of Personal Information (POPI) Act (No. 4 of 2013) and the implications thereof for healthcare professionals in daily practice. Recommendations regarding the safeguarding of information are made.

Information Security Is a Business Continuity Issue: Are You Ready

Science.gov (United States)

2015-05-09

and data files • Legal - Employees have filed four lawsuits against the company for not protecting their data • Breach Expenses - In its first quarter...incidents into their planning, testing, and execution processes. 28© 2015 Carnegie Mellon University Factors Affecting Cost of Data Breach SOURCE: Ponemon...2014 Cost of Data Breach Study Per Capita Cost 29© 2015 Carnegie Mellon University Thank you for your attention.

Family responsibilities discrimination, HR work-family discourse and organizational mediation of US civil rights law

OpenAIRE

Robin, Stryker; Heidi, Reynolds-Stenson; Krista, Frederico

2017-01-01

Because the US addresses work-family concerns mostly through voluntary employer-provided benefits combined with anti-discrimination legislation, organizational mediation of law shapes the content and impact of employ-ers’ response to employees’ work- family issues. Centrality of organiza-tional mediation means centrality of HR professional discourse. Given skyrocketing lawsuits claiming family responsibilities discrimination (FRD), we examine FRD-related discourse, 1980-2012, in the two high...

Evaluation of 757 Species Under U.S. Endangered Species Act Review on U.S. Department of Defense Lands and their Potential Impact on Army Training

Science.gov (United States)

2016-03-15

Colligyrus n. sp. 2 Masked Duskysnail invertebrate Cordia rupicola Puerto Rico manjack plant Cordulegaster sayi Say’s Spiketail invertebrate Coreopsis...threatened and endangered plants and animals. Balancing threatened and endan- gered species (TES) management with training requirements is an increas...nation’s threatened and endangered plants and animals. A recent lawsuit settled by the U.S. Fish and Wildlife Service (USFWS) requires a review of 757

A 12-year analysis of closed medical malpractice claims of the Taiwan civil court

Science.gov (United States)

Hwang, Chi-Yuan; Wu, Chien-Hung; Cheng, Fu-Cheng; Yen, Yung-Lin; Wu, Kuan-Han

2018-01-01

Abstract Malpractices lawsuits cause increased physician stress and decreased career satisfaction, which might result in defensive medicine for avoiding litigation. It is, consequently, important to learn experiences from previous malpractice claims. The aim of this study was to examine the epidemiologic factors related to medical malpractice claims, identify specialties at high risk of such claims, and determine clinical which errors tend to lead to medical malpractice lawsuits, by analyzing closed malpractice claims in the civil courts of Taiwan. The current analysis reviewed the verdicts of the Taiwan judicial system from a retrospective study using the population-based databank, focusing on 946 closed medical claims between 2002 and 2013. Among these medical malpractice claims, only 14.1% of the verdicts were against clinicians, with a mean indemnity payment of $83,350. The most common single specialty involved was obstetrics (10.7%), while the surgery group accounted for approximately 40% of the cases. In total, 46.3% of the patients named in the claims had either died or been gravely injured. Compared to the $75,632 indemnity for deceased patients, the mean indemnity payment for plaintiffs with grave outcomes was approximately 4.5 times higher. The diagnosis groups at high risk of malpractice litigation were infectious diseases (7.3%), malignancies (7.2%), and limb fractures (4.9%). A relatively low success rate was found in claims concerning undiagnosed congenital anomalies (4.5%) and infectious diseases (5.8%) group. A surgery dispute was the most frequent argument in civil malpractice claims (38.8%), followed by diagnosis error (19.3%). Clinicians represent 85.9% of the defendants who won their cases, but they spent an average of 4.7 years to reach final adjudication. Increased public education to prevent unrealistic expectations among patients is recommended to decrease frivolous lawsuits. Further investigation to improve the lengthy judicial process is

A 12-year analysis of closed medical malpractice claims of the Taiwan civil court: A retrospective study.

Science.gov (United States)

Hwang, Chi-Yuan; Wu, Chien-Hung; Cheng, Fu-Cheng; Yen, Yung-Lin; Wu, Kuan-Han

2018-03-01

Malpractices lawsuits cause increased physician stress and decreased career satisfaction, which might result in defensive medicine for avoiding litigation. It is, consequently, important to learn experiences from previous malpractice claims. The aim of this study was to examine the epidemiologic factors related to medical malpractice claims, identify specialties at high risk of such claims, and determine clinical which errors tend to lead to medical malpractice lawsuits, by analyzing closed malpractice claims in the civil courts of Taiwan.The current analysis reviewed the verdicts of the Taiwan judicial system from a retrospective study using the population-based databank, focusing on 946 closed medical claims between 2002 and 2013.Among these medical malpractice claims, only 14.1% of the verdicts were against clinicians, with a mean indemnity payment of $83,350. The most common single specialty involved was obstetrics (10.7%), while the surgery group accounted for approximately 40% of the cases. In total, 46.3% of the patients named in the claims had either died or been gravely injured. Compared to the $75,632 indemnity for deceased patients, the mean indemnity payment for plaintiffs with grave outcomes was approximately 4.5 times higher. The diagnosis groups at high risk of malpractice litigation were infectious diseases (7.3%), malignancies (7.2%), and limb fractures (4.9%). A relatively low success rate was found in claims concerning undiagnosed congenital anomalies (4.5%) and infectious diseases (5.8%) group. A surgery dispute was the most frequent argument in civil malpractice claims (38.8%), followed by diagnosis error (19.3%).Clinicians represent 85.9% of the defendants who won their cases, but they spent an average of 4.7 years to reach final adjudication. Increased public education to prevent unrealistic expectations among patients is recommended to decrease frivolous lawsuits. Further investigation to improve the lengthy judicial process is also

Under scrutiny. As public anxiety grows over health care horror stories, consumers are starting to fight back. Guess who's winning.

Science.gov (United States)

Bilchik, G S

1996-05-05

"We're getting dozens of calls every day from people who are frustrated and fed up," says one health care consumer rights advocate. The scenario is familiar: first come the horror stories, then trailblazing, media-engaging lawsuits, and finally the public learning curve starts to accelerate. Then the heat gets turned up on the government to act. That's where we're at right now. Where will we be tomorrow?

Monsanto may bypass NIH in microbe test.

Science.gov (United States)

Sun, Marjorie

1985-01-11

The Monsanto Company is planning to ask the Environmental Protection Agency for clearance to field test a genetically engineered microbial pesticide, bypassing the traditional approval process of the National Institutes of Health. Although only federally funded institutions are required to obtain NIH approval for genetic engineering tests, Monsanto is the first company to bypass the NIH regulatory process, which has become mired in a lawsuit brought by Jeremy Rifkin.

El delito de maltrato a los animales. El maltrato legislativo a su protección

OpenAIRE

García Solé, Marc

2010-01-01

The article denounces that the guardianship thatoffers the civil and administrative legislation as forprotection of the animals is insufficient. It exposesthat, though the penal legislation might haveturned into a valid instrument to improve and toreinforce this protection, the penal modificationshave been only an attempt of silencing the demands(lawsuits) that were coming from sectors,sensitive of the civil society with the problem ofthe animal(rude) mistreatment. His conclusion isthat the n...

The Brucellosis Eradication Program in Texas

Science.gov (United States)

1983-09-01

area he represents. There are three major lawsuits that had impact on the Texas Brucel - losis Program b6cause of questionable constitutional authority...I.- 20 3. Surveillance Prugram The surveillance program element has been a part of the brucel - losis eradication program since it originated in 1959...infected herds selected to participate in the survey. The survey questions were designed to determine if the brucel - losis eradication prugram

Radioecological experts' opinions on waste water of Esensham nuclear power plant. Final report of a part of the project: Pollution at the place of work and in the Lower Weser industrialized region

International Nuclear Information System (INIS)

Bliefert, M.; Marks, R.; Meier, A.; Wallenschus, M.

1978-01-01

In December 1977, there was a public hearing by the Oldenburg administrative court where, among others, evidence was heard on whether the experts' opinions on the discharge of liquid radioactive waste into the river Weser, for which licence has already been granted, contain some major errors so that the licences already granted would have to be revoked. This part of the long and tedious administrative lawsuit is reported. (orig.) [de

Getting ready for identity theft rules: creating a prevention program for your medical practice.

Science.gov (United States)

Cascardo, Debra

2009-01-01

Identity theft worries have found their way into medical practices. By August 1, 2009, all "creditors" must have a written program to prevent, detect, and minimize damage from identity theft. Any medical practice that bills patients is considered a creditor. Like HIPAA, these new Red Flag guidelines will serve to protect your practice from lawsuits as well as protect your patients from identity theft of their financial, personal, and medical information.

Success in Acquisition: Using Archetypes to Beat the Odds

Science.gov (United States)

2010-09-01

escalate in the form of retaliations un- til the relationship ends in divorce A fast-food company expands outlets through the use of franchisees that...improve profitability, it moves into markets perceived by franchisees as belonging to them, resulting in lawsuits and a loss in popularity of the line...overloaded and everyone experiences diminishing benefit . “Tragedy of the Commons” contains numerous loops and so appears to be especially complex—but

Legal considerations involving chemical control of iron and other deficiencies in plants

Energy Technology Data Exchange (ETDEWEB)

Wallace, A; Samman, Y. S.

1981-01-01

Four cases of lawsuits involving use of chelating agents in plant nutrition are discussed. Three of them involved use of iron. One concerned addition of FeDTPA to nursery trees in containers. One case involved foliar application of FeHEDTA to potatoes in July by airplane. Another case not involving iron chelate was with ZnEDTA and MnEDTA with Fe as FeSO/sub 4/ later as a foliar spray. The Zn and MnEDTA were applied as a band 8 inches (20 cm) on both sides of nursery tree rows just as the buds that had been placed in the fall began growing in the spring. In the fourth case, many tomato transplants died when the transplanting was done with about 120 ml per plant of transplant solution containing besides N, P and K, about 19 mg Zn as ZnEDTA, 14 mg Mn as MnEDTA and 7 mg Fe as FeHEDTA. Cases such as these will probably discourage use of chelating agents in plant nutrition even if the chelating agents were not the damaging agent. Not enough developmental work was done on the potential toxicities from metal chelates. This trend to lawsuits makes it even more important to solve iron chlorosis problems via plant breeding.

INTERPRETATION OF SYIQAQAND ITS PROCEDURAL LAW AT RELIGIOUS COURT IN YOGYAKARTA

Directory of Open Access Journals (Sweden)

Haniah Ilhami

2014-06-01

Full Text Available The objective of this research is to identify the interpretation of syiqaq as a legal reason in divorce lawsuit and its procedural law implemented by the Religious Courts in Yogyakarta. This is an empirical normative research, using the literature research method and field research through Focus Group Discussion (FGD. This research found that syiqaq is interpreted as a specific form of an endless quarrelling which caused danger for either husband or wife. In practice, judges combine procedural law in divorce lawsuit based on syiqaq into the procedural law in other legal reason. Penelitian ini bertujuan untuk mengetahui interpretasi syiqaqsebagai alasan gugatan cerai oleh hakim dan praktek hukum acara penyelesaian perkara perceraian dengan alasan syiqaqyang diterapkan pada Pengadilan Agama di Daerah Istimewa Yogyakarta. Penelitian ini merupakan penelitian hukum normatif empiris, menggunakan metode penelitian kepustakaan dan penelitian lapangan melalui kegiatan Focus Group Discussion (FGD. Hasil penelitian menunjukkan bahwa syiqaqdiinterpretasikan sebagai perselisihan dan percekcokan antara suami istri yang telah menimbulkan bahaya mengancam baik pada para pihak. Dalam prakteknya, hakim menggabungkan proses acara penyelesaian perkara perceraian dengan menggunakan alasan syiqaqke dalam proses beracara untuk perkara yang menggunakan alasan perselisihan terus menerus.

TUNTUTAN HAK DALAM PERSIDANGAN PERKARA PERDATA

Directory of Open Access Journals (Sweden)

Rahadi Wasi Bintoro

2010-05-01

Full Text Available Procedure of private law in Indonesia have experiencing of some growths, for the example is the mechanism of suing which it's not arranged in Het Herzeine Indonesich Reglement, such as class action, legal standing, citizen lawsuit or actio popularis. This article is study to the difference characteristic of suing in procedure of private law in Indonesia. Pursuant to analysis result, the mechanism of ordinary suing is the mechanism suing by the plaintiff to the sued as effect of contempt of court or break a promise which it have generated loss to plaintiff. Class action is the mechanism of suing by numerous plaintiff which it raised by class representative, that representing his own and his group member, with demand in the form of indemnation. Suing of non government organization (NGO or legal standing is the mechanism of proffering suing by NGO as collision effect or existence of contempt of court which done by the people which arranged in statues. Citizen lawsuit or actio popularis is a suing that raised by citizen to state, as effect of existence of contempt of court, in the form of neglected the civil rights. Its purpose is formed the law order immediately. Keyword: suing, private dispute, plaintiff, sued

Preimplantation genetic diagnosis: a systematic review of litigation in the face of new technology.

Science.gov (United States)

Amagwula, Tochi; Chang, Peter L; Hossain, Amjad; Tyner, Joey; Rivers, Aimée L; Phelps, John Y

2012-11-01

To study legal cases against IVF facilities pertaining to preimplantation genetic diagnosis (PGD) misdiagnosis. Systematic case law review. University medical center using US legal databases. The IVF recipients using PGD services. Lawsuits pertaining to PGD against IVF facilities. Lawsuits, court rulings, damage awards, and settlements pertaining to PGD after the birth of a child with a genetic defect. Causes of action pertaining to PGD arise from negligence in performing the procedure as well as failure to properly inform patients of key information, such as inherent errors associated with the PGD process, a facility's minimal experience in performing PGD, and the option of obtaining PGD. Courts have sympathized with the financial burden involved in caring for children with disabilities. Monetary damage awards are based on the costs of caring for children with debilitating defects, including lifetime medical and custodial care. Facilities offering PGD services expose themselves to a new realm of liability in which damage awards can easily exceed the limits of a facility's insurance policy. Competent laboratory personnel and proper informed consent--with particular care to inform patients of the inherent inaccuracies of PGD--are crucial in helping deter liability. Copyright © 2012 American Society for Reproductive Medicine. Published by Elsevier Inc. All rights reserved.

Why do people appeal to the courts for access to medication? The case of insulin analogues in Bahia (Brazil).

Science.gov (United States)

Lisboa, Erick Soares; Souza, Luis Eugenio Portela Fernandes de

2017-06-01

Insulin analogues have been the object of controversy concerning their therapeutic superiority to human insulin. Perhaps, in part, because of this, insulin analogues are frequently the subject of lawsuits. The judicialization of health has been well studied, but little is known about the reasons that lead people to go to the courts to obtain access to medicines on SUS (the Brazilian National Health System). Therefore, this study aims to analyze the reasons that led people to appeal to the courts to obtain access to insulins analogues in the state of Bahia. This is a case study based on documentary sources. Between 2010 and 2013, 149 lawsuits requiring insulin analogues from the state health authority were filed in the courts. The main reasons for the appeal to the courts, cited in the cases, can be grouped into four categories: the users' lack of finances, an essential need for insulin analogue, the duty and obligation of the state to provide them and bureaucratic difficulties. People turned to the courts, mostly, because doctors who accompany their patients have shifted from the official policy, believing that insulin analogues are better than human insulins. They also recognize that the public health system does not distribute them nor does it give doctors the wherewithal to purchase them with their own resources.

Optimal Attorney Advertising

OpenAIRE

Michael P. Stone

2010-01-01

Attorney advertising routinely targets tort victims. In this paper, a theoretical model is developed which incorporates advertising intensity, litigation costs, and an endogenous number of lawsuits. Since advertising induces victims to bring suit, it increases the level of injurer care. However, litigation costs are also incurred. At the optimum, the marginal benefit of deterrence equals the sum of the marginal costs of litigation and advertising. It is shown that even though blanket prohibit...

Return of the Balkans: Challenges to European Integration and U.S. Disengagement

Science.gov (United States)

2013-05-01

of 120 seats in Kosova’s parliament, 20 are guaranteed for Serbs, Roma, Ash- kali, Egyptians , Turks, Gorani, and Bosniaks. Monte- negrins and Croats...Vlachs, Roma, and Egyptians , announced in December 2011 that they will pursue a lawsuit at the European Court of Human Rights in Strasbourg...tion of Greeks from southern Albania laid a wreath at the Tomb of the Unknown Soldier in commemora- tion of the anniversary of the declaration of the Au

Employment, Housing, and Public Accommodations Discrimination Based on Sexual Orientation and Gender Identity in Missouri

OpenAIRE

Mallory, Christy; Hasenbush, Amira; Liebowitz, Sarah

2013-01-01

The 160,000 LGBT adults in Missouri would benefit from an expanded state non-discrimination law that includes sexual orientation and gender identity. There is currently no Missouri law protecting LGBT people from discrimination in housing, employment, and public accommodations. A uniform state-wide law would maximize protection for Missouri’s LGBT population, and provide them the same recourse available to their non-LGBT counterparts. Media reports and lawsuits document that a number...

Lapses haunt Midland A-plant

International Nuclear Information System (INIS)

Anon.

1983-01-01

The US's first nuclear cogeneration project (Consumer's Power Co.) broke ground 11 years ago, in Midland, Michigan. From the beginning, it has been plagued by lawsuits, stiff new regulations on safety from the NRC, breakdowns in several quality assurance programs and major foundation problems. The two unit station is getting a new turbine-auxiliary building foundation, at a cost of $250 million, due to poorly compacted soils which caused extensive settlement in some areas

Bodies in Contempt: A Mixed Methods Study of Federal ADA Employment Cases

OpenAIRE

Dick-Mosher, Jennifer

2013-01-01

This paper draws on theories of gendered organizations to examine discrimination against people with disabilities in the workplace. A sample of 200 cases which document disability discrimination lawsuits was drawn from the Westlaw legal database. Each case was coded for gender, job, disability and discrimination type and analyzed using multinomial logistic models. Of those 200 cases, 34 were selected for in depth qualitative analysis. This study finds that disability type and gender do have a...

The State Secrets Privilege and Other Limits on Litigation Involving Classified Information

Science.gov (United States)

2009-05-28

Privilege And Separation Of Powers , 75 FORDHAM L. REV. 1931, 1935 (Mar. 2007). 2 Editorial, Securing Lawsuits, WASH. POST, May 11, 2009, at A16...the Supreme Court invalidated a legislative enactment that required federal courts to reopen final decisions as a violation of the separation of powers principle...95 It might be argued that the retroactivity provision in H.R. 984 also reopens final judgments in violation of the separation of powers principle

Efficacy of a physician's words of empathy: an overview of state apology laws.

Science.gov (United States)

Saitta, Nicole; Hodge, Samuel D

2012-05-01

Apology laws are gaining traction in the United States, prompting health care professionals to offer words of condolence for adverse medical outcomes without the fear of being sued for malpractice. Although these laws vary by jurisdiction, they have been shown to reduce the financial consequences of a medical malpractice lawsuit. The authors provide an overview of the laws regarding this issue and discuss apologies as a means to reduce medical malpractice claims.

Nuclear power plants - a solution for the future

International Nuclear Information System (INIS)

Sinn, D.

1978-01-01

This book is not written for experts, but for interested laymen. The arguments in favour of nuclear power plants are presented in an intelligible and critical manner. The problem of nuclear power is reviewed at a moment where the nuclear controversy has even led to lawsuits. Still, there is hope for a secure energy supply - and fear of the risks that the future might bring and which may even endanger our lives. (GL) [de

Citizen enforcement and the smoking gun

International Nuclear Information System (INIS)

Unterberger, G.L.

1991-01-01

This article addresses the provisions for private citizens to bring lawsuits in federal court against regulated parties violating federal air pollution-control laws and the steps that operators of facilities subject to air pollution-control laws need to take to help avoid significant enforcement liabilities. The topics of the article include a look at citizen enforcement since 1970, the 1990 amendments to the Clean Air Act, construction and management with these regulations

The defendant in a medical malpractice suit: an integral part of the defense team

International Nuclear Information System (INIS)

Petrek, F.R. Jr.; Slovis, M.R.

1998-01-01

This article explains the litigation process of a medical malpractice suit and offers suggestions to help pediatric radiologists cope with the stress of being sued. It provides tangible ways in which the pediatric radiologist can become an important part of the defense team. Our goal is to enable the pediatric radiologist to place the lawsuit in a proper perspective and demonstrate the importance of providing medical insight to aid in forming legal strategy. (orig.)

Evolving impact of environmental laws on cross-border power between Mexico and the United States

International Nuclear Information System (INIS)

Barron, J.

2005-01-01

There has been a growing concern among some United States (US) residents that the increasing number of merchant power plants planned for the Mexican side of the US/Mexican border could contribute to increased air pollution and the misuse of finite water resources in the border region. The case of Border Power Plant Working Group v. DOE, et al. is examined in this paper, providing a focus for a discussion of the border region's future as US merchant power producers continue to position themselves to provide electricity in California. One of the factors in the push to develop power generation on the Mexican side of the border was California's electricity crisis of 2000-2001, and plans have been drawn up to build 22 plants between Mexicali and Ciudad Juarez. A history of the Border Power Plant Working Group (BPPWG) was presented, along with details of the government's granting of permits for the power plants after environmental assessments. By suing the government BPPWG hoped to set a standard for future power plant development in the area. The lawsuit addressed the following 4 primary concerns: air emissions; emission offsets; water cooling; and wastewater discharge. BPPWG aimed to achieve the 3 following results: protective legislation in the 4 U.S. border states that would preclude the use of massive amounts of water in border power plant cooling systems; a critical area designation with pollution limits set low enough to require catalytic control systems; and an overarching annex to the La Paz Agreement that would create a formal bi-national agreement governing the above actions for both countries. A review of environmental law in both countries was presented, along with a description of the proposed plants. A complete review of the lawsuit was provided, along with eventual rulings against the BPPWG. It was concluded that the case showed that power developers had proved that although the plants would contribute to the environmental degradation of the region, the

Vexatious Litigants and the ADA: Strategies to Fairly Address the Need to Improve Access for Individuals with Disabilities

OpenAIRE

Hull, Helia

2018-01-01

Cornell Journal of Law and Public Policy: Vol. 26 : Iss. 1 , Article 2. The Americans with Disabilities Act (“ADA”) is recognized as one of the most significant pieces of civil rights legislation in American history and is aimed at protecting the rights of individuals with disabilities. Unfortunately, as the ADA has developed, some attorneys have exposed methods of exploiting the provisions of the ADA for personal, pecuniary benefits—fee-driven lawsuits for violations of plaintiff-friendly pr...

Baking Powder Wars

OpenAIRE

Civitello, Linda

2017-01-01

How did a mid-nineteenth century American invention, baking powder, replace yeast as a leavening agent and create a culinary revolution as profound as the use of yeast thousands of years ago?The approach was two-pronged and gendered: business archives, U.S. government records and lawsuits revealed how baking powder was created, marketed, and regulated. Women’s diaries and cookbooks—personal, corporate, community, ethnic—from the eighteenth century to internet blogs showed the use women made o...

Gazprom looks for means to finance its gas pipelines

International Nuclear Information System (INIS)

Anon.

1997-01-01

The Russian Gazprom natural gas company wants to solve its short range problems in order to develop its activities in Western Europe rapidly. The transportation capacities remain the main problem of Gazprom which is looking for new financing for the development and maintenance of its pipelines network. Several pipeline projects are under study but the occidental banks remain suspicious and wait for the settlement of internal lawsuits between Gazprom and the Russian state. Short paper. (J.S.)

Do ‘Cheeseburger Bills’ Work? Effects of Tort Reform for Fast Food

OpenAIRE

Christopher S. Carpenter; D. Sebastian Tello-Trillo

2015-01-01

After highly publicized lawsuits against McDonald’s in 2002, 26 states adopted Commonsense Consumption Acts (CCAs) – aka ‘Cheeseburger Bills’ – that greatly limit fast food companies’ liability for weight-related harms. We provide the first evidence of the effects of CCAs using plausibly exogenous variation in the timing of CCA adoption across states. In two-way fixed effects models, we find that CCAs significantly increased stated attempts to lose weight and consumption of fruits and vegetab...

Plutonium in soil adjacent to Rocky Flats plant

International Nuclear Information System (INIS)

Hume, M.W.; Illsley, C.T.

1979-01-01

In 1975, lawsuits were filed claiming contaminated lands adjacent to the plant. Five remote as well as 89 sites on lands under litigation were sampled using four sampling techniques at each site. An additional 71 sites were sampled using the Rockwell International technique. No results approached the EPA proposed guideline screening level of 200 mCi/km 2 , although numerous sites to the last of the plant exceed 2 d/m/g (10 mCi/km 2 )

Consumer Law Guide

Science.gov (United States)

1994-06-01

Consumer Finance Act by making short-term advances to customers who write personal checks in return for substantially smaller amounts of on-the-spot case...practices lawsuit with H&R Block, Inc. forcing tax return company to advertise its "Rapid Refund" program is actually a loan program charging customers ...home equity loans/lines of credit/home improvement loans, etc.) 2. A consumer can have only 9M principal dwelling at a time (includes mobile homes

Surrogacy litigation in China and beyond

OpenAIRE

Ding, Chunyan

2015-01-01

Chinese law neither generally prohibits nor expressly permits surrogacy. As there has been a massive underground surrogacy market in the country, surrogacy lawsuits have occurred from time to time. Chinese courts are called to decide a number of disputed issues regarding validity of surrogacy contract, parenthood of the surrogate child, and sole care and control of the surrogate child. This article examines the judicial solutions to these disputes through a case study, and analyses whether Ch...

Juridical-penal aspects of the cesium-137 accident

International Nuclear Information System (INIS)

Soares, Carolina Chaves

1997-01-01

The study of the juridical-penal aspects of the Cesium-137 accident, has, as a base, the police inquiry and the penal lawsuit concerning to the episode. Due to the lack of a law which typified activities related with radioisotope material as crime, the responsible were sentenced according to the penalties of body injury crime and homicide. Among the 10 investigated people, only 5 were condemned by the Judiciary and only 4 serve the sentence. (author)

Follow The Money: Piracy and Online Advertising

OpenAIRE

Batikas, Michail; Claussen, Jörg; Peukert, Christian

2017-01-01

Online copyright enforcement, in the form of either direct action against the supply- side (via website shutdowns) or the demand-side (via individual lawsuits against users), has not been very effective in reducing piracy. Regulators have therefore put forward the so called “follow the money" approach. Because the main source of revenue for infringing websites often comes from online advertising, the idea is that cutting access to advertisers could lower the financial incentives for website o...

TMI-1 restart: an evaluation of the licensee's management integrity as it affects restart of Three Mile Island Nuclear Station (Unit 1 Docket 50-289). Supplement 5

International Nuclear Information System (INIS)

1984-07-01

Supplement 5 to the Safety Evaluation Report (SER) on TMI-1 Restart documents the review by the Nuclear Regulatory Commission (NRC) staff of nine investigations conducted by the NRC Office of Investigations into matters identified as relevant and material to an evaluation of the licensee's management integrity. The staff has included, as part of its evaluation, materials from its review of the GPU v. B and W lawsuit record (NUREG-1020LD, GPU, v. B and W Lawsuit Review and Its Effect on TMI-1) as well as other relevant materials developed since the close of the record in the TMI-1 Restart proceeding. In developing its position on General Public Utilities Nuclear Corporation's character (i.e., management integrity), the staff evaluated matters that cast doubt on the licensee's character, individually and collectively; considered the remedial actions taken by the licensee; and balanced past improper conduct of the licensee against its subsequent record of remedial actions and performance and record of current senior management of the licensee. The staff concluded that, while the past improper conduct was grave, the remedial actions taken, the subsequent record of performance, and the record of current senior management support a finding that GPUN can and will operate TMI-1 without undue risk to the health and safety of the public

Constructing narratives of heroism and villainy: case study of Myriad's BRACAnalysis(®) compared to Genentech's Herceptin(®).

Science.gov (United States)

Baldwin, A Lane; Cook-Deegan, Robert

2013-01-01

The development of Herceptin(®) is welcomed as a major advance in breast cancer treatment, while Myriad's development of BRACAnalysis(®) is a widely used diagnostic. However useful and successful this product is, its presence in the public eye is tainted by predominantly negative press about gene patenting and business practices. While retrospection invites a sharp contrast between Genentech's triumphal narrative of scientific achievement and Myriad's public image as a controversial monopolist, a comparative history of these companies' products reveals two striking consistencies: patents and public discontent. Despite these similarities, time has reduced the narrative to that of hero versus villain: Genentech is lauded - at least for the final outcome of the Herceptin(®) story - as a corporate good citizen, Myriad as a ruthless mercenary. Since patents undergird both products yet the narratives are so different, the stories raise the question: why have patents taken the fall as the scapegoat in current biotechnology policy debate? A widely publicized lawsuit and accompanying bad press have cast Myriad as a villain in the evolving narrative of biotechnology. While the lawsuit suggests that this villainy is attributable to Myriad's intellectual property, we suggest through a comparative case study that, at least in the Myriad case, it is not simply about the patents but also other business strategies the company chose to pursue. Patents were a necessary but not sufficient cause of controversy.

Country watch. Brazil.

Science.gov (United States)

Turra, M D

1994-01-01

Persons who are infected with human immunodeficiency virus (HIV) or who suffer from acquired immunodeficiency syndrome (AIDS) often have their civil rights violated in Brazil. To remedy this, the Candido Mendes College in Rio de Janeiro introduced a voluntary course, "AIDS - Legal Approaches", into its law curriculum. Incentive was provided by the college's Model Law Office (MLO), where students learn to defend the rights of people in need. Class size is about 25; law professors use recent magazine and newspaper articles, and documentation on lawsuits concerning persons with HIV to teach the class. Course topics include relevant civil law (suits against blood banks), contract law (suits against private health insurance companies which refuse to cover treatment expenses related to HIV or AIDS), family law, inheritance law, labor law (unjust dismissal of persons with HIV), criminal law (intentional transmission of AIDS), violations of basic human rights, and comparative jurisprudence and constitutional law (a comparison of Brazilian law in this area to the laws of other countries). Students, during their field practice periods at the MLO, provide legal assistance to persons with HIV. Approximately 150 cases have been handled, often with positive outcomes, to date. Clients hear about the program via television, radio, and newspapers. Materials and information about lawsuits handled by the MLO are available to other colleges and universities with the hope of stimulating the formation of similar programs elsewhere.

Pokémon Go and the Law: Privacy, Intellectual Property, and Other Legal Concerns

OpenAIRE

Li, Tiffany

2017-01-01

Before the first lawsuits arrive, this article provides a brief analysis of some of the legal issues involved with the new hit mobile game, including: personal injury liability; privacy; intellectual property; trespass; augmented reality; and virtual currency. This is not an exhaustive list of every legal possibility inherent in the Pokémon Go world. These are just some of the legal issues at play when users, well, play. While this may seem like a long list of potential legal problems, the re...

International environmental legislation; Internationales Umweltrecht

Energy Technology Data Exchange (ETDEWEB)

Proelss, Alexander (ed.) [Trier Univ. (Germany)

2017-07-01

The book on international environmental legislation includes the following contributions: Development, sources and actors concerning the international environmental legislation, cross-national environmental justice, principles of the international environmental legislation, environmental protection by lawsuit, environmental protection and human right, environmental protection and trading, responsibility and liability, peaceful settlement of disputes, climatic change, preservation and sustainable use of the biodiversity, protection of air and space, oceanic protection, protection of inland waters, protection of the Antarctic and Arctic environment, waste and hazardous materials legislation.

CITY OF SANTA FE V. KOMIS REVISITED: AN ANALYSIS OF THE ACTUAL IMPACTS OF CONSTRUCTION AND OPERATION OF THE SANTA FE BYPASS ON THE VALUE OF NEARBY REAL ESTATE

International Nuclear Information System (INIS)

Bentz, E. J. Jr.; Bentz, C. B.; O'Hora, T. D.; Baepler, D.

2003-01-01

The Santa Fe Bypass for transport of transuranic waste (TRU) to the Waste Isolation Pilot Plant (WIPP) near Carlsbad, New Mexico has been constructed and is operational (as of 2000). This paper presents a review of actual empirical data from the sales of real estate in the Santa Fe City/County area since the filing of the City of Santa Fe v. Komis lawsuit in 1988. The data analyzed covers the time period from 1989 through the last quarter of 2001

Saranno Rispettati Come Per il Passato. Italian Colonial Policy towards Libyan Religious Endowments

OpenAIRE

GAZZINI, Claudia

2010-01-01

This paper offers a survey of Italian colonial policy towards Muslim religious endowments (waqf, pl. awqaf) in Libya from 1911 to 1943. Through an analysis of 41 lawsuits presented to the colonial Court of Appeals and a detailed survey of the laws promulgated to reform the administration of the awqaf in Libya, this study reveals the legal mechanisms adopted by Italian jurists to regulate awqaf matters in their only North African colony. It demonstrates that, unlike other colonial powers in th...

Os hotéis nas proximidades das estações ferroviárias da cidade de São Paulo (1900-1917

Directory of Open Access Journals (Sweden)

Lucilia Siqueira

2013-06-01

Full Text Available Based on criminal lawsuits as well as on newspapers, this article aims at looking into the hotels located in the vicinities of the rail stations of the districts of Luz and Brás in São Paulo City, in the first two decades of the 20th century. The text shall focus particularly on the profile of the guests of such hotels and on the reasons that led them to stay in these places.

Avoiding the known prior acts exclusion when insuring newly acquired entities.

Science.gov (United States)

Gasior, J P; Passannante, W G

1998-09-01

Adding a new entity to an organization's existing insurance program can be problematic if the existing policy contains a known prior acts exclusion clause. By purportedly excluding claims that a policyholder "could have reasonably foreseen or discovered," the known prior acts exclusion allows the insurer to reject those claims after a lawsuit has been filed policyholders should have known prior acts exclusion clauses removed from their policies or work with their insurers on language that will clarify the policy regarding this exclusion.

The Information Quality Act: OMB’s Guidance and Initial Implementation

Science.gov (United States)

2004-08-19

Fiscal Year 2001. CRS-3 3 The Chamber of Commerce describes itself on its website as the world’s largest not-for- profit business federation. See [http...resuscitation and the use of automated external defibrillators. OSHA agreed to do so. In another case, the Chamber of Commerce requested that EPA revise the...decision — the Department of Justice (DOJ) filed a brief recommending the dismissal of a lawsuit filed under the IQA by the Chamber of Commerce and the Salt

Fen-Phen Litigation Against American Home Products Corporation: The Widespread Use of Fenfluramine (Pondimin) and Dexfenfluramine (Redux) for Weight Loss, The Health Problems Associated with Those Drugs, the Resulting Litigation Against American Home Prod

OpenAIRE

Tragos, Camille N.

2000-01-01

The fen-phen affair has spawned thousands of lawsuits and a multitude of scientific studies concerning valvular heart disease. It has also led to a lively debate over off-label prescriptions, medical monitoring, and class actions. The proposed Settlement Agreement, while an attempt to put an end to the valvular litigation, will not be the end of the fen-phen affair. The Settlement Agreement has been widely criticized and plaintiffs' lawyers have indicated that there will be a large number of ...

Samson Cree lawsuit costs Ottawa more than $45 million in legal fees so far

International Nuclear Information System (INIS)

Anon

2005-01-01

Some $45 million has been spent by the federal government in a continuing legal fight against two Alberta native bands. The fight is about oil and gas royalties. The Samson and Emineskin bands on the Hobbema reserve north of Red Deer, Alberta are accusing the federal government of having mismanaged their oil and gas royalties for five decades. According to a spokesperson for the Canadian Taxpayers Federation, the case is a costly evidence of Ottawa's wrong-headed approach to aboriginal assets

Gay Issues and Students' Freedom of Expression--Is there a Lawsuit in Your Future?

Science.gov (United States)

Essex, Nathan L.

2005-01-01

School leaders must recognize and respect the freedom of expression rights of students within reasonable limits, but they may restrict student expression that creates material and substantial disruption to the educational process. The challenge for school leaders is to achieve the proper balance between the rights of students and the needs of…

Woman Professors Pressing to Close Salary Gap; Some Colleges Adjust Pay, Others Face Lawsuits.

Science.gov (United States)

McMillen, Liz

1987-01-01

The institutions making efforts to study and change faculty salary disparities for men and women are finding that determining what constitutes a fair salary review and adjustment is difficult. Other institutions are resisting making changes. (MSE)

Juridical-penal aspects of the cesium-137 accident; Implicacoes juridico-penais do acidente com o cesio-137

Energy Technology Data Exchange (ETDEWEB)

Soares, Carolina Chaves [Goias Univ., Goiania, GO (Brazil)

1997-12-31

The study of the juridical-penal aspects of the Cesium-137 accident, has, as a base, the police inquiry and the penal lawsuit concerning to the episode. Due to the lack of a law which typified activities related with radioisotope material as crime, the responsible were sentenced according to the penalties of body injury crime and homicide. Among the 10 investigated people, only 5 were condemned by the Judiciary and only 4 serve the sentence. (author) 5 refs.; e-mail: mariliag at netline.com.br

"The Real Thing:" Nominal Price Rigidity of the Nickel Coke, 1886-1959

OpenAIRE

Daniel Levy; Andrew T. Young

2004-01-01

We report that the price of a 6.5oz Coke was 5¢ from 1886 until 1959. Thus, we are documenting a nominal price rigidity that lasted more than 70 years! The case of Coca-Cola is particularly interesting because during the 70-year period there were substantial changes in the soft drink industry as well as two World Wars, the Great Depression, and numerous regulatory interventions and lawsuits, which led to substantial changes in the Coca-Cola market conditions. The nickel price of Coke, neverth...

"Democracy was never intended for degenerates": Alberta's flirtation with eugenics comes back to haunt it.

OpenAIRE

Cairney, R

1996-01-01

An Alberta woman recently won a lawsuit against the government of Alberta for wrongful sterilization that took place when she was a 14-year-old ward at the Provincial Training School for Mental Defectives. It was the first time the province has been held accountable for actions taken under the Sexual Sterilization Act, a 1927 law that promoted the theory of eugenics and led to the sterilization of more than 2800 people. It has since been repealed. A physician who served on the province's Euge...

Legalization of Same-Sex Partnerships and the Possibility of "the Politics of Recongnition" : Learning from a Debate in the United States

OpenAIRE

佐藤, 美和

2008-01-01

In this paper, I show importance of interpreting legalization of same-sex partnerships as a process of "the politics of recognition" for gay and lesbian, through featuring on the argument about legalization of partnerships in U.S.A. In the first section, I survey evolution of lawsuits to demand the right to marry for same-sex couples, from that in 70's to Goodridge decision of the Massachusetts Supreme Court in 2003. From Beahr decision of the Hawaii Supreme Court in 1993 to Goodridge decisio...

Court case on Polymer and Plastics Processing Plant-Lesson Learned

International Nuclear Information System (INIS)

Alwi Othman

2011-01-01

Malaysian Nuclear Agency was sued by the contractor because fail in clear out their clients lawsuits. Basis of the claim because of contract documents, their clauses and related procedure in there. Besides that, all the order must be place out officially, recorded and kept so that its can be the evidences when there are the claims from plaintive. The main weaknesses in this case is unefficiently in project management meanwhile the advantage are recorded that kept can be evidence to win the case. (author)

The Problem of Women in the Department:  Sex and Gender Discrimination in the 1960s United States Foreign Diplomatic Service

OpenAIRE

McKenzie, Beatrice Loftus

2015-01-01

Alison Palmer, a United States Foreign Service Officer from 1959 to 1981, brought a gender equity complaint against the U.S. State Department in the late 1960s and then led a class action lawsuit by female officers that lasted until 2010.  Examining the records of Palmer’s grievances against the Department of State reveals linkages between gender, sex, and race in the U.S. Foreign Service.  U.S. Ambassadors to three African nations justified their rejection of her from their staffs by stating...

Healthcare information privacy and security regulatory compliance and data security in the age of electronic health records

CERN Document Server

Robichau, Bernard Peter

2014-01-01

Healthcare is a huge market--20% of yearly GDP in the U.S. It employs tens of thousands of computer programmers and IT administrators Regulations mandate electronic health records by 2015 (for anyone dealing with Medicare/Medicaid), which means new concerns for privacy and security Many medical organizations lagging, putting them at risk for government fines and private lawsuits when a breach in security occurs. Healthcare IT is the growth industry right now, and the need for guidance in regard to privacy and security is huge.

The Future of Foreign Direct Liability? Exploring the International Relevance of the Dutch Shell Nigeria Case

Directory of Open Access Journals (Sweden)

Liesbeth Enneking

2014-01-01

Full Text Available In January 2013, The Hague District Court in the Netherlands rendered a groundbreaking verdict in a civil liability suit against Royal Dutch Shell and its Nigerian subsidiary (SPDC. The lawsuit had been brought before it by four Nigerian farmers and the Dutch NGO Milieudefensie, in response to a number of oil-spill incidents from SPDC-operated pipelines in the Nigerian Niger Delta. Although the majority of the claims were dismissed, the district court in its ruling did grant one claim that related to spills from an abandoned wellhead, ordering SPDC to pay compensation for the resulting loss. This judgment has international relevance, as this Dutch Shell Nigeria case forms part of a worldwide trend towards foreign direct liability cases. Growing numbers of similar lawsuits have been brought before the courts in other Western societies, but judgments on the merits have so far remained scarce. The relevance of the case has further increased with the US Supreme Court’s April 2013 ruling in the case of Kiobel v. Royal Dutch Petroleum Co., which has significantly limited the scope of the Alien Tort Statute. This article explores The Hague District Court’s decision in the Dutch Shell Nigeria case, and places the case within the socio-legal context of the contemporary trend towards foreign direct liability cases, the international debates on corporate accountability and business & human rights, and the Supreme Court's judgment in the Kiobel case.

Hak Ex Offcio Hakim: Studi Kasus Perceraian di Pengadilan Agama Sidoarjo No. 3513 Th. 2015

Directory of Open Access Journals (Sweden)

Ahmad Fanani

2018-01-01

Full Text Available There are still many husbands who decide to divorce without giving the rights belong to their wives and the children they have. Whereas, the divorce does not mean removing the obligations of a husband toward his child and his ex-wife. In the process of examining cases in giving a verdict, a Judge would not give more than required judgment in the lawsuit of the petition. On the other hand, the Judge has an ex offcio right, so that the Judge may oblige the husband to fulfll the rights of divorced wives even though they are not in the the lawsuit of the petition. In Islamic law, the obligation is also determined. This study concludes that the judge in the divorce judgment in Sidoarjo religious court uses his ex offcio to decide the rights of the wife during ‘iddah’ and ‘mut’ah’ that is not requested by by her following these considerations: to give lessons to any husbands to avoid divorce; to guarantee a justice for any wives who got divorced. The application of ex offcio right of the judge in the divorce case in Sidoarjo religious court is in accordance with Islamic law in the process of charging the cost of living ‘iddah and mut’ah based on principles of justice and maṣlaḥah mursalah, thus realizing the beneft to the former wife after being divorced

Closed medical negligence claims can drive patient safety and reduce litigation.

Science.gov (United States)

Pegalis, Steven E; Bal, B Sonny

2012-05-01

Medical liability reform is viewed by many physician groups as a means of reducing medical malpractice litigation and lowering healthcare costs. However, alternative approaches such as closed medical negligence claims data may also achieve these goals. We asked whether information gleaned from closed claims related to medical negligence could promote patient safety and reduce costs related to medical liability. Specifically, we investigated whether physician groups have examined such data to identify error patterns and to then institute specific patient treatment protocols. We searched for medical societies that have systematically examined closed medical negligence claims in their specialty to develop specific standards of physician conduct. We then searched the medical literature for published evidence of the efficacy, if any, related to the patient safety measures thus developed. Anesthesia and obstetric physician societies have successfully targeted costs and related concerns arising from medical malpractice lawsuits by using data from closed claims to develop patient safety and treatment guidelines. In both specialties, after institution of safety measures derived from closed medical negligence claims, the incidence and costs related to medical malpractice decreased and physician satisfaction improved. Tort reform, in the form of legislatively prescribed limits on damages arising from lawsuits, is not the only means of addressing the incidence and costs related to medical malpractice litigation. As the experience of anesthesia and obstetric physicians has demonstrated, safety guidelines derived from analyzing past medical malpractice litigation can achieve the same goals while also promoting patient safety.

Trend of Malpractice Litigation against Neurosurgeons in Japan: An Analysis of Disclosed Database by Courts in Japan from 2001 through 2015.

Science.gov (United States)

Nagashima, Hisashi; Wada, Yoshitaka; Hongo, Kazuhiro

2017-08-15

Following the modern raising of public awareness, the numbers of malpractice litigation are increasing in the health care delivery system in Japan despite the extensive efforts of physicians. Authors reviewed the issues of litigation and the reasons for court decision from the healthcare-related negligence lawsuits in the past 15 years in Japan and investigated the cautionary points for reducing potential litigation. Healthcare-related negligence lawsuits between January 2001 and December 2015 were retrieved and sorted in each clinical field from the database in Courts in Japan and investigated on the proportional factors of the claims and court decisions in the neurosurgical field. During the period, 446 of healthcare-related court decisions including 41 against neurosurgeons (9.2%) were retrieved. Three of 41 decisions retrieved were decisions to retries for lower court decisions. In 38 claims against the neurosurgeons, 26 identified the negligence and 12 dismissed. In 26 decisions in favor of the plaintiffs, identified negligence in diagnosis in 4, clinical judgment in 3, technical skills in 5, clinical management in 7 and process of informed consent in 7. Five out of 18 decisions after 2006 were identified as negligence in an informed consent process, and additional one, who was mainly identified in inadequate technical skills also identified existing an inadequate informed consent process as a fundamental cause of litigation. Neurosurgeons are a higher risk group for malpractice litigation in Japan and adequate informed consent is important to reduce the risk of litigation.

Family strategies against the jesuits in colonial Argentina: Catamarca, 1683-1767

Directory of Open Access Journals (Sweden)

Jorge Troisi Melean

2012-11-01

Full Text Available Based on a lawsuit, I will conduct a detailed study of the strategies of Catamarca´s colonial settlers to deal with Society of Jesus, the most powerful institution of the time.Three families were fighting for survival in a small colonial town in a middle of intercontinental fight between a forceful Spanish Crown and a hesitant Catholic Church. In the gaps of that struggle, each family negotiated their identity against a multiplicity of interests in play, seeking the best of possibilities in a world that was rapidly changing.

Army agrees to new study of biowarfare laboratory.

Science.gov (United States)

Smith, R Jeffrey

1985-02-08

As a result of a lawsuit initiated by Washington activist Jeremy Rifkin and joined by the attorney general for the state of Utah, the U.S. Army has agreed to defer construction, pending a study of potential environmental hazards, of a new laboratory that was authorized by a small number of Congressmen under an unusual procedure in December 1984. The laboratory, intended for tests of highly infectious and lethal biological aerosols, has aroused controversy because of fears that the data gathered there might be used to develop offensive biological weapons.

[Labor rights and the organization of workers in a context of change in labor relations: effects on health workers].

Science.gov (United States)

Pessanha, Elina Gonçalves da Fonte; Artur, Karen

2013-06-01

This paper presents the main institutional changes in labor relations in Brazil, highlighting their impact on the organization of workers. A more recent central change is the regulation of outsourcing by the Labor Judiciary. Research into claims in the Superior Labor Court, guidelines from the Labor Prosecution Office, and trade union lawsuits, show that outsourcing and working hours are subjects which have directly affected health workers. By addressing the institutional principles of justice in contracts, it was concluded that labor reform should deal with the inequality of rights that have characterized the Brazilian labor market.

Truth and falsity of patent

International Nuclear Information System (INIS)

Park, Gum Jin

2006-10-01

This book describes the process of the effect to build the business of patent strongly in difficult situation. The titles of this contents are finally, lawsuit if formed, the task of patent application introduction of tasks of patent negotiation, negotiation with Fujitsu, Mitsubishi, Oki and NEC, amalgamation between LG semiconductor and Hyundai Electronic Industry, life in incorporated company, current condition of application for a patent, the method to process strategy patent, how to make strong patent and effective negotiation strategy for a patent and strategy of patent application.

Psychogenic stuttering and other acquired nonorganic speech and language abnormalities.

Science.gov (United States)

Binder, Laurence M; Spector, Jack; Youngjohn, James R

2012-08-01

Three cases are presented of peculiar speech and language abnormalities that were evaluated in the context of personal injury lawsuit or workers compensation claims of brain dysfunction after mild traumatic brain injuries. Neuropsychological measures of effort and motivation showed evidence of suboptimal motivation or outright malingering. The speech and language abnormalities of these cases probably were not consistent with neurogenic features of dysfluent speech including stuttering or aphasia. We propose that severe dysfluency or language abnormalities persisting after a single, uncomplicated, mild traumatic brain injury are unusual and should elicit suspicion of a psychogenic origin.

Insurer is off the hook for settlement of job bias suit.

Science.gov (United States)

1999-03-05

U.S. District Judge Charles R. Weiner said that a re-reading of the record showed that a policy issued by Zurich Insurance Co. to Sheraton Great Valley Hotel in Frazer, Pennsylvania covered only legal costs. The court determined the insurance policy's language to be ambiguous, but found a preponderance of evidence which showed that the hotel and insurance company negotiated a policy to indemnify the hotel against legal expenses, but not discrimination claims. An earlier judgment had said Zurich was liable for a $155,000 settlement in an HIV discrimination lawsuit.

Exclusion of objections in licensing procedures according to Atomic Energy Law or Pollution Control Law

International Nuclear Information System (INIS)

Stober, R.

1980-01-01

The contribution shows that the exclusion of objections after expiration of the term provided for in licensing procedures under Atomic Energy Law and Pollution Control Law has to be understood extensively and that it is in accordance with German Basic Law. In detail, the treatise is limited to the discussion of the following issues: the effects of the expiration of the period on the right to raise objections, the importance of the exclusion of objections for lawsuits and the importance of the exclusion of objections for constitutional law. (orig./HSCH) [de

Do Brazilian courts contribute to the implementation of the right to housing?

OpenAIRE

Coutinho, Maria Laura de Souza

2014-01-01

The objective of this paper is to try to understand the Brazilian’s Courts role in the implementation of the Right to Housing. In order to do that, I analyzed three lawsuits (Favela Olga Benario, Favela Fiat/Vila Esperança and Pinheirinho I) in which the Right to Housing collide with the Right to Private Property. I claim that in spite of the adoption of the Social Function of the Ownership Principle and the formal inclusion of the Right to Housing among social rights protected by the Constit...

Senior veterinary students' perceptions of using role play to learn communication skills.

Science.gov (United States)

Brandt, Jennifer C; Bateman, Shane W

2006-01-01

Recent studies of veterinary practice have suggested a correlation between well-developed communication skills and job satisfaction, career retention, customer satisfaction, decreased lawsuits, and financial remuneration for veterinarians. Veterinary educators are under growing pressure to teach functional communication skills to veterinary students; however, the methods employed have not been well evaluated. In this study we have evaluated veterinary student's attitudes to learning communication skills by participating in role play. The study indicates that experiential learning modalities such as role play are perceived as effective by students, despite reluctance to participate and some discomfort surrounding participation.

Minimizing the legal risk with 'curbside' consultation.

Science.gov (United States)

Kreichelt, Ray; Hilbert, Mary Lou; Shinn, Deidre

2008-01-01

"Curbside consultations"--in which a physician obtains insights on a medical case from another physician who has not seen the patient or reviewed the record--can yield advantages to the requesting physician. However, shortcomings are inherent in this common type of exchange and pose legal risk to the curbside consultant. This article provides background and practical tips that might help avoid being caught up in a lawsuit by surprise, or if named as a party, avoid being held culpable when the only involvement was a brief conversation with a colleague.

Issue update: a regional settlement proposal to resolve the Washington Nuclear Plant No. 3 lawsuit

International Nuclear Information System (INIS)

1985-08-01

The Bonneville Power Administration (BPA) announced on August 2, 1985, that a number of substantive changes suggested by public comment on the Washington Nuclear Plant No. 3 settlement had been agreed to in principle by BPA and four private utilities. Since that date the details of these changes have been resolved, and the proposed settlement is now being offered for public review and comment

Whither nuclear waste disposal?

Energy Technology Data Exchange (ETDEWEB)

Cotton, T A [JK Research Associates, Silver Spring, MD (United States)

1990-07-01

With respect to the argument that geologic disposal has failed, I do not believe that the evidence is yet sufficient to support that conclusion. It is certainly true that the repository program is not progressing as hoped when the Nuclear Waste Policy Act of 1982 established a 1998 deadline for initial operation of the first repository. The Department of Energy (DOE) now expects the repository to be available by 2010, and tat date depends upon a finding that the Yucca Mountain site - the only site that DOE is allowed by law to evaluate - is in fact suitable for use. Furthermore, scientific evaluation of the site to determine its suitability is stopped pending resolution of two lawsuits. However, I believe it is premature to conclude that the legal obstacles are insuperable, since DOE just won the first of the two lawsuits, and chances are good it will win the second. The concept of geologic disposal is still broadly supported. A recent report by the Board on Radioactive Waste Management of the National Research Council noted that 'There is a worldwide scientific consensus that deep geological disposal, the approach being followed in the United States, is the best option for disposing of high-level radioactive waste'. The U.S. Nuclear Regulatory Commission (USNRC) recently implicitly endorsed this view in adopting an updated Waste Confidence position that found confidence that a repository could be available in the first quarter of the next century - sufficient time to allow for rejection of Yucca Mountain and evaluation of a new site.

Basic Study on Term of Warranty Liability for Miscellaneous Work

Science.gov (United States)

Park, Junmo; Seo, Deokseok

2017-10-01

In Korea, defect lawsuits for apartment buildings, the most common housing style, are becoming a social issue. Among various issues in defect lawsuits, warranty of liability is very important. This is because the business entities are responsible for assuring the maintenance of the defects during this period, and at the same time, the residents can request fair compensation for the defects. However, provisions on the term of warranty of liability provided in the current Housing Act were made 40 years ago when the social basis were weak. Thus, it does not have any rational foundation. In order to improve these problems, basic research on the warranty of liability by major types of apartments is needed. In this study, the defect cases for miscellaneous works of apartments were examined and analyzed. Miscellaneous work consists of ondol work, kitchenware work, indoor and outdoor equipment work, and metallic work. Among them, kitchenware work and metallic work showed a lot of defects. On the other hand, warranty of liability covers up to 10 years in total. The defect occurrence for the entire miscellaneous work showed a tendency to concentrate in the first and the second year. It is the third year that the total defects reach 95%, and the fourth year that exceeds 99%. The ondol work, indoor and outdoor equipment work and metallic work had this tendency. On the other hand, for kitchenware work, it is the third year that the defect occurrence reaches 99%, and it implies that the defect tends to occur more quickly than in other detailed works.

Snail darters and sacred places: creative application of the endangered species act.

Science.gov (United States)

Gilmer, Robert Andrew

2013-11-01

Rather than exploring how indigenous people have been alienated from resources by environmental policies, this paper explores how indigenous peoples have worked with environmental organizations to use the broad protections provided by environmental laws to protect cultural resources. The Eastern Band of Cherokee Indians, along with other concerned groups, partnered with environmentalists in opposing the destruction of the endangered snail darter's critical habitat by the Tennessee Valley Authority's Tellico Dam. The dam had been opposed by a shifting alliance of Cherokees, local farmers, trout fisherman, and environmentalists since it was announced in 1963. A previous lawsuit by this coalition delayed the project from 1972 to 1974 under the National Environmental Policy Act. The Endangered Species Act provided this coalition with a powerful tool for opposing the destruction of burial grounds and sacred village sites throughout the lower Little Tennessee River valley. The coalition of environmental organizations, Cherokees, and others was ultimately unsuccessful in stopping the dam from being built, but was successful in establishing a strict precedent for the enforcement of the Endangered Species Act. The lawsuit also created a space for the Eastern Band to negotiate for the return of Cherokee remains and halt the removal of any additional burials. In this situation, the strategic support of environmental regulation enabled the Eastern Band to exert some degree of control over the fate of cultural resources in the valley, and also demonstrates the significant role American Indian peoples played in one of the seminal events of the environmental movement during the 1970s.

Environmental Impact Assessment Law in China's courts: A study of 107 judicial decisions

International Nuclear Information System (INIS)

Zining, Jin

2015-01-01

The article explores the practices of Environmental Impact Assessment (EIA) Law in China's courts by examining 107 judicial decisions. Each of the 107 judicial decisions has been analyzed to determine the time/location of the decision, what type of EIA document was referred to, what specific claim was made by the plaintiffs, and what the court's ruling was on the case. The results indicate that: unlike in Germany or Japan, all kinds of EIA decisions made by environment protect bureaus (EPBs) in China were widely taken as justiciable, and China's courts generally allowed local residents to have standing and thus challenge the EPBs' decisions made during the EIA process. On the other hand, the research also shows the EPBs overwhelmingly prevailed in those EIA lawsuits. It is also found that China's reviewing judges were highly self-restrained, giving obvious deference to the technocrat with the substantial contents of EIA documents. Also, the concept of “flaw” was created when it came to procedural issues. These two factors, among others, were both helping the EPBs' prevailing successes. - Highlights: • 107 judicial decisions referring to China's EIA law are examined. • The justiciability of EPB's EIA decisions were taken for granted. • The defenders overwhelmingly prevailed in those EIA lawsuits. • The reviewing judges were highly self-restrained, defering to the technocrat with the EIA documents. • A functional concept, “flaw”, was created by reviewing judges when it came to procedural issues

PERLINDUNGAN HUKUM TERHADAP PENUMPANG DAN BARANG MILIK PENUMPANG DALAM JASA PENGANGKUTAN UDARA

Directory of Open Access Journals (Sweden)

Mangara Pasaribu

2017-04-01

Full Text Available The arrangements regarding the legal protection of passengers and goods on the transport of air, is set out in legislation, agreements, and habits. The air transport law is keperdataan, the provision of air transport to be found in the laws of positive air in Indonesia are: Air Transportation Ordinance Stbl. 1939 No. 100, law No. 1 of 2009, and the Statute No. 8 1999. The responsibility of carrying on the safety of passengers and goods in the implementation of air transportation The principle of presumption of liability /presumtion of/ presumtion fault of negligence. The carrier is responsible for loss suffered by passengers or goods because the sender of a passenger wounded or killed, his baggage or damaged or lost, or damage to goods transfers and the delay in coming, while the principle of limitation of liability. The responsibility of the carrier is limited to a certain amount, this principle which encourages the carrier to resolve the problem by peaceful means. And the principle of absolute liability or strict liability. The carrier is considered to be always responsible without any possibility of freeing themselves unless the aggrieved innocent or were responsible for the losses on him. Compensation given by air carriers is a number of nominal value of money as a form of responsibility for accidents that caused deaths or injuries, lost baggage and flight delays. Legal efforts for passenger who feel or losses can file a lawsuit or claim to the airline, lawsuit or dispute settlement can be reached through two channels, namely the courts and lanes outside the court.

Environmental Impact Assessment Law in China's courts: A study of 107 judicial decisions

Energy Technology Data Exchange (ETDEWEB)

Zining, Jin, E-mail: jinzn@pkusz.edu.cn

2015-11-15

The article explores the practices of Environmental Impact Assessment (EIA) Law in China's courts by examining 107 judicial decisions. Each of the 107 judicial decisions has been analyzed to determine the time/location of the decision, what type of EIA document was referred to, what specific claim was made by the plaintiffs, and what the court's ruling was on the case. The results indicate that: unlike in Germany or Japan, all kinds of EIA decisions made by environment protect bureaus (EPBs) in China were widely taken as justiciable, and China's courts generally allowed local residents to have standing and thus challenge the EPBs' decisions made during the EIA process. On the other hand, the research also shows the EPBs overwhelmingly prevailed in those EIA lawsuits. It is also found that China's reviewing judges were highly self-restrained, giving obvious deference to the technocrat with the substantial contents of EIA documents. Also, the concept of “flaw” was created when it came to procedural issues. These two factors, among others, were both helping the EPBs' prevailing successes. - Highlights: • 107 judicial decisions referring to China's EIA law are examined. • The justiciability of EPB's EIA decisions were taken for granted. • The defenders overwhelmingly prevailed in those EIA lawsuits. • The reviewing judges were highly self-restrained, defering to the technocrat with the EIA documents. • A functional concept, “flaw”, was created by reviewing judges when it came to procedural issues.

Whither nuclear waste disposal?

International Nuclear Information System (INIS)

Cotton, T.A.

1990-01-01

With respect to the argument that geologic disposal has failed, I do not believe that the evidence is yet sufficient to support that conclusion. It is certainly true that the repository program is not progressing as hoped when the Nuclear Waste Policy Act of 1982 established a 1998 deadline for initial operation of the first repository. The Department of Energy (DOE) now expects the repository to be available by 2010, and tat date depends upon a finding that the Yucca Mountain site - the only site that DOE is allowed by law to evaluate - is in fact suitable for use. Furthermore, scientific evaluation of the site to determine its suitability is stopped pending resolution of two lawsuits. However, I believe it is premature to conclude that the legal obstacles are insuperable, since DOE just won the first of the two lawsuits, and chances are good it will win the second. The concept of geologic disposal is still broadly supported. A recent report by the Board on Radioactive Waste Management of the National Research Council noted that 'There is a worldwide scientific consensus that deep geological disposal, the approach being followed in the United States, is the best option for disposing of high-level radioactive waste'. The U.S. Nuclear Regulatory Commission (USNRC) recently implicitly endorsed this view in adopting an updated Waste Confidence position that found confidence that a repository could be available in the first quarter of the next century - sufficient time to allow for rejection of Yucca Mountain and evaluation of a new site

IMPROVING LEGAL ARGUMENT CRITICALLY IN THE LITIGATION MECHANISM IN INDONESIA (AN EMPIRICAL STUDY OF ENVIRONMENTAL VERDICTS

Directory of Open Access Journals (Sweden)

Edy Lisdiyono

2017-01-01

Full Text Available Legal argument is a debate or argument in explaining the issues between two or more people performed in court. Legal argument is one way to perform law finding with the purpose to avoid legal vacuum when the judge makes a legal reasoning in a verdict. In making a legal argument, it is at least performed by legal reasoning, logic, facts. However, some judges, in making a decision, did not use the legal arguments by legal reasoning and facts so that it resulted in debates and arguments. It is  interesting to study on how to build legal argument in the litigation mechanism in Indonesia. Some verdicts in Indonesia have been the debate among the public through social media, by both academic and non-academic communities, because they were not based on the legal facts revealed at the trials and not in favor of the public sense of justice. Some of the examples are the verdict in the case of the environmental lawsuits of Lapindo Brantas Mud in Sidoarjo, the case verdict in Palembang District Court on the lawsuit filed by the Ministry of Environment and Forestry on forest fires and land concessions of PT. Bumi Mekar Hijau in 2014. From the decisions, it turned out that the judges, in making the legal arguments for their decisions, had deviated from the analogy and were not based on the existing legal facts. In building legal arguments, it would have to be conducted by collecting data (evidence and clear fact so that its solutions do not deviate from the rules of law

Study reputational risk in an audit

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M. N. Volkova

2016-01-01

Full Text Available The introduction of international sanctions and the formation of intense competition among companies in the Russian market and the related need to assess their risk of reputation that directly affect the value of the goodwill of the company is very important. The article presents the main reputational risks Russian enterprises, which need to be analyzed in the course of the audit. The definition of "reputational risk", which is a challenge due to the problems associated with certain norms of economic security. Currently in economics there are no deep research on managing reputational risks of commercial structures. Is a list of the main risks for Russian companies, such as fraud, financial problems, bankruptcy, information leaks, lawsuits, violating the legislation and labor disputes, allegations of money laundering, tax evasion. It is concluded that the occurrence of at least one of reputational risks will inevitably lead to the gradual emergence of the rest. As well as a diagram the relationship reputational risks. Under the present scheme, identified reputational risks that arise in the financial problems of the enterprise. It was determined that the most significant reputational risks are tax evasion, violation of the law and labor disputes, allegations of money laundering and lawsuits. These risks are managed should have a strategic character. The strategic nature of the management can be achieved through the implementation of effective marketing communication policy. The risk management policy should be made a compulsory item - audit of the calculation and analysis of reputational risk. Compiled scheme of action needed to reputational risk.

Judicialization of access to medicines in Minas Gerais state, Southeastern Brazil.

Science.gov (United States)

Machado, Marina Amaral de Ávila; Acurcio, Francisco de Assis; Brandão, Cristina Mariano Ruas; Faleiros, Daniel Resende; Guerra, Augusto Afonso; Cherchiglia, Mariângela Leal; Andrade, Eli Iola Gurgel

2011-06-01

To analyze the profile of claimants and medicines demanded in lawsuits. Descriptive study that examined 827 lawsuits with 1,777 demands of access to medicines in the period between July 2005 and June 2006 in the state of Minas Gerais, Southeastern Brazil. There were examined the type of health care provided to claimants and their attorneyship. The medicines were described based on the following: drug registration at the National Health Surveillance Agency (Anvisa); wheter they were essential medicines; supply in the Brazilian Health System programs; and evidence of drug efficacy. More than 70% of the claimants were provided care in the private health system and 60.3% hired private lawyers. The most common diagnosis of claimants was rheumatoid arthritis (23.1%) and the immunosuppressant agents were the most frequent demand medicines (mainly adalimumab and etanercept). Approximately 5% of the medicines demanded were not registered at Anvisa, 19.6% were included in the Brazilian List of Essential Medicine, 24.3% were included in the High-Cost Drug Program and 53.9% showed consistent evidence of efficacy. Among the medicines that were not available in Brazilian Health System, 79.0% had therapeutic alternatives in drug programs. The phenomenon of judicialization of health in Brazil can point out failures in the public health system as some medicines demanded are included in its lists. However, it is a barrier for rational drug use and application of the National Drug Policy guidelines, especially when there are demanded medicines with no evidence of efficacy and that are not included in Brazilian Health System standards.

Guide to preemption of state-law claims against Class III PMA medical devices.

Science.gov (United States)

Whitney, Daniel W

2010-01-01

There is a perception that the express preemption holding of the Supreme Court in Riegel v. Medtronic, 552 U.S. 312(2008), immunizes medical device manufacturers from common law personal injury actions involving Class III devices that received FDA clearance under a premarket approval application (PMA). In the aftermath of Riegel, many lawsuits involving Class III PMA devices have been dismissed by district courts applying the new heightened pleading standard of Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). Other lawsuits involving Class III PMA devices premised on fraud-on-FDA have been dismissed based on the implied preemption holding of the Supreme Court in Buckman v. Plaintiffs' Legal Comm., 531 U.S. 341 (2001). When these decisions are carefully analyzed together with Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996), which found no preemption regarding a Class III device receiving FDA clearance through the 510(k) mechanism, it is apparent that the preemption defense does not apply universally to Class III PMA devices. The overall methodology for framing a non-preempted claim is to first identify conduct which violated the PMA or other specific requirements related to safety or efficacy. If such conduct can also be stated in terms of a breach of a parallel common law duty (e.g, failure to warn under strict liability or negligence, manufacturing defect or breach of warranty), then it would appear the claim is not preempted. Alternatively, regardless of a specific violation, common law remedies are not preempted by general CGMP requirements.

Frequency, Expected Effects, Obstacles, and Facilitators of Disclosure of Patient Safety Incidents: A Systematic Review.

Science.gov (United States)

Ock, Minsu; Lim, So Yun; Jo, Min-Woo; Lee, Sang-Il

2017-03-01

We performed a systematic review to assess and aggregate the available evidence on the frequency, expected effects, obstacles, and facilitators of disclosure of patient safety incidents (DPSI). We used the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) guidelines for this systematic review and searched PubMed, Scopus, and the Cochrane Library for English articles published between 1990 and 2014. Two authors independently conducted the title screening and abstract review. Ninety-nine articles were selected for full-text reviews. One author extracted the data and another verified them. There was considerable variation in the reported frequency of DPSI among medical professionals. The main expected effects of DPSI were decreased intention of the general public to file medical lawsuits and punish medical professionals, increased credibility of medical professionals, increased intention of patients to revisit and recommend physicians or hospitals, higher ratings of quality of care, and alleviation of feelings of guilt among medical professionals. The obstacles to DPSI were fear of medical lawsuits and punishment, fear of a damaged professional reputation among colleagues and patients, diminished patient trust, the complexity of the situation, and the absence of a patient safety culture. However, the factors facilitating DPSI included the creation of a safe environment for reporting patient safety incidents, as well as guidelines and education for DPSI. The reported frequency of the experience of the general public with DPSI was somewhat lower than the reported frequency of DPSI among medical professionals. Although we identified various expected effects of DPSI, more empirical evidence from real cases is required.

Oil spill response issues in Washington State

International Nuclear Information System (INIS)

Lempriere, P.R.

1997-01-01

Washington State statutes and regulations applicable to oil transport and oil spills were described. Specific provisions of the statutes and regulations and other relevant matters were also discussed. Among these were: (1) Washington State oil spill prevention plans, (2) Washington State oil spill contingency plans, (3) best achievable protection, (4) Intertanko's lawsuit against Washington State, (5) oil spill removal organizations, (6) certificates of financial responsibility in Washington State, (7) extent of potential liability under Washington Law, (8) disposal of cleanup materials, and (9) definition of 'qualified individuals' on marine vessels having the authority to implement removal actions

Agricultural genetics goes to court.

Science.gov (United States)

Fox, Jeffrey L; Norman, Colin

1983-09-30

A coalition of environmental groups headed by activist Jeremy Rifkin has filed lawsuits to halt experiments that would release genetically engineered organisms into the environment. One suit, filed against the National Institutes of Health on 14 September 1983, would block tests by researchers at the University of California, Berkeley. A second suit, filed 16 September 1983 against Cetus Madison and BioTechnica, seeks to halt field tests that had been approved by NIH's Recombinant DNA Advisory Committee. At issue are NIH's role in evaluating the risks of genetic experimentation, and the public's right of access to proprietary information.

INEL oversight program. Quarterly technical progress report, January 1993--December 1993

International Nuclear Information System (INIS)

1994-01-01

Idaho's successful lawsuit over shipments of spent nuclear fuel is a major milestone for 1993. The challenge forced the U.S. Department of Energy to cease all shipments of spent nuclear fuel to the Idaho National Engineering Laboratory until a site-wide environmental impact statement is completed. This agreement is a significant victory in Idaho's battle to hold the federal government responsible for its actions and force compliance with applicable laws. Much of the State's INEL-related activity in 1993 focused on ensuring that INEL operations are conducted in a manner that protects public health and the environment

Social Work Values and Ethics: Reflections on the Profession's Odssey

Directory of Open Access Journals (Sweden)

Frederic G. Reamer

2005-05-01

Full Text Available Social workers' understanding of ethical issues has matured significantly. This article traces the evolution of the profession's approach to the values and ethics. During its history, social work has moved through four major periods-- the morality period, the values period, the ethical theories and decision-making period, and the ethical standards and risk-management (the prevention of ethics complaints and ethics related lawsuits is diverting social workers from in-depth exploration of core professional and personal values, ethical dilemmas, and the nature of the profession's moral mission. The author encourages the profession to recalibrate its focus on values and ethics.

Evidence of perception of AIDS insufficient for verdict.

Science.gov (United States)

1997-11-28

The 8th U.S. Circuit Court of Appeals overturned the jury verdict in favor of [name removed], a welder who claimed he was fired because his employer, [name removed] National Vendor, thought he had AIDS. According to [name removed], when his health and physical appearance began deteriorating due to Graves disease, a thyroid condition, he was terminated. [Name removed] filed a grievance through his labor union and filed a lawsuit under the Americans with Disabilities Act (ADA). The Circuit Court panel determined there was insufficient evidence to conclude that the company's officials and key decision makers regarded [name removed] as having AIDS.

LLW Notes supplement, Volume 12, Number 6

Energy Technology Data Exchange (ETDEWEB)

NONE

1997-07-01

Contents include articles related to environmental justice concerns and Title VI, entitled as follows: Civil Rights Act of 1964; Exec order on environmental justice; Applicability to states; Philosophical differences -- Environmental justice and Title VI; Ambiguities in existing Title VI guidance; Clarification of existing Title VI guidance; Federal financial assistance; Administrative complaints vs. lawsuits; Effect and disparate impact; Termination, suspension or refusal to grant federal financial assistance; DOJ guidance defines environmental justice; NEJAC meets, adopts far-reaching resolution re siting; Indigenous Peoples Resolution No. 23; and States meet, support environmental justice concept and express concerns about federal approach and composition of NEJAC.

THE CONFINEMENT OF WOMEN AS A PRACTICE. THE EXAMPLE OF CÓRDOBA, ARGENTINA, IN THE CONTEXT OF LATIN AMERICA IN THE EIGHTEENTH AND NINETEENTH CENTURIES

Directory of Open Access Journals (Sweden)

MÓNICA GHIRARDI

2011-04-01

Full Text Available In this work we will try to analyze the practice of the feminine, judicial and domestic confinement, purposes and uses. From documentary primary sources (diaries of visit of the jail to come to terms; books of revenue to the orphans’ college; lawsuits of nullities and separation of bodies; judicial processes explore forms of control of the feminine body across the figure of the judicial “deposit” used by the secular and the ecclesiastic justice, domestic, judicial encirclements, colleges and convents of the city of Cordova during the XVIIIth century and the first half ofthe XIXth.

CITIZENSHIP, DEMOCRACY Y DEMANDA OF NEW MUNICIPALITIES IN SINALOA

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Jesús López-Estrada

2016-01-01

Full Text Available This paper proposes the construction of citizenship and democracy in the cities of Eldorado in Culiacán municipality and Juan José Ríos in the Guasave municipality. In the processes, the following elements are present: the different social culture identities that it has built the citizens of rural communities and citizens who reside in main town of the municipality, feeling of injustice generated in largely of citizens by deficient municipality public service; and struggle for the extension and political rights. Analyzing the information provided by the social actors who have participated in these lawsuits is complemented.

Writing feminity: case of Anastasia

Directory of Open Access Journals (Sweden)

Evija Caune

2008-12-01

The case of a woman who wanted to sell her daughter on Internet and following lawsuit is explored in the article. The author analyzes this case as an artefact; she investigates how the story about condemned woman is constructed in the mass media. The author dissociates from what has actually happened, paying attention to the narrative about Anastasija who is shaped as a person, woman, and mother, while both creating and reproducing conceptions, unwritten behaviour imperatives for sex category and social roles. The contradiction of the factual trial and society`s conceptions about “correct” performance of gender and mother role is exam

LLW Notes supplement, Volume 12, Number 6

International Nuclear Information System (INIS)

1997-07-01

Contents include articles related to environmental justice concerns and Title VI, entitled as follows: Civil Rights Act of 1964; Exec order on environmental justice; Applicability to states; Philosophical differences -- Environmental justice and Title VI; Ambiguities in existing Title VI guidance; Clarification of existing Title VI guidance; Federal financial assistance; Administrative complaints vs. lawsuits; Effect and disparate impact; Termination, suspension or refusal to grant federal financial assistance; DOJ guidance defines environmental justice; NEJAC meets, adopts far-reaching resolution re siting; Indigenous Peoples Resolution No. 23; and States meet, support environmental justice concept and express concerns about federal approach and composition of NEJAC

Employee assistance programs: an employer's guide to emerging liability issues.

Science.gov (United States)

Parliman, G C; Edwards, E L

1992-01-01

Increasing numbers of employers are implementing employee assistance programs (EAPs) designed to assist employees with personal issues that affect their work performance. Studies show that EAPs can dramatically increase employee productivity, but the benefits from EAPs have been accompanied by a less welcome development: lawsuits filed against employers by employees who allege that they suffered harm in the course of obtaining services through their employers' EAPs. Although the potential for liability will always exist, the employer that adheres to certain guidelines will be able to minimize its risk and make its EAP well worth the investment.

THE DYNAMICS OF REPRESSIVE HABITUS LAWS: ETHNOGRAPHIC CASE STUDY IN UNWIMA

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Teddy Asmara

2015-01-01

Full Text Available This research describes repressive legal habitus Unwima community by focusing on the issue of why they create a legal cognition such manner and how to empower them in the public domain when facing a lawsuit in court and examination process in higher education office. The results of the research with ethnographic methods and interpretative analysis, First, that repressive legal habitus is a part of the neo-feudalistic thinking in education management. Second, the empowerment of repressive legal habitus in the public domain potentially generate a legal behavior of impulsive that tends to a manipulative, coercive, veiled, and other immorality practices.

我國地方法院刑事醫療糾紛判決的實證分析：2000年至2010年 An Empirical Study of Medical Malpractice Judgments from District Criminal Courts in Taiwan: 2000-2010

Directory of Open Access Journals (Sweden)

劉邦揚 Pang-Yang Liu

2011-12-01

Full Text Available 本文以法學實證研究方法進行撰寫，並全面性地蒐集我國自 2000 年1月1 日起至2010 年6 月30 日止，所有地方法院作成的刑事醫療糾紛判決書，並且擷取判決書中之客觀可辨的資訊進行建檔，利用統計軟體SPSS 17.0版進行描述性統計分析與推論性統計，期待真實呈現地方法院刑事醫療糾紛的訴訟現況。本研究共蒐集到277 個刑事判決，計380 名具醫師身分之被告，並發現此類訴訟有著「低定罪率」與「高自訴比率」等特徵，足供醫療糾紛研究者加以關注。 Recently, the debate on decriminalization of medical malpractice has received mounting attentions in both medical and law communities. An increasing number of studies try to analyze different aspects of the issue for future criminal law revision. However, the existing literature focuses mainly on theoretical discussion. Of the limited legal empirical studies, they are mostly limited in study scope and number of cases analyzed. Due to the limitations in study scope and size, previous findings may not reflect the true picture of medical malpractice lawsuits in Taiwan over time. Therefore, we aimed to conduct a population-based study to analyze characteristics, process, and court decisions of medical malpractice lawsuits in Taiwan. The “Law Bank” database was used to search all the district criminal court’s medical malpractice judgments from 21 district courts in Taiwan during the period of January 1st, 2000 to June 30th, 2010. Exclusion criteria were applied. A total of 277 eligible cases and 380 physician-defendants were included. Contents of each court judgment were analyzed and description statistical methods were applied. Factors affecting judgment was revealed by chi-square test and logistic regression analysis. In general, medical malpractice lawsuits had a low conviction rate, the punishment tended to be trivial, and when patient hurt from medical

Student-sportowiec w amerykańskim modelu sportu - charakterystyka sportu uniwersyteckiego w USA = Student-Athletes in american model of sport – characteristic of university sport in USA

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Marek Owsianny

2016-10-01

Abstract This article concerns the continously actual issue of deeming student-athletes in United States of America employees of their universities, where they study and which they represent in various sports competitions. This text is not an attempt to take a stand on an aforementioned issue, however it does present the most important factors creating that dispute. Moreover it adduces the most representative and significant judicial cases and other from federal level which are connected with this issue, i.e.: the Northwestern University petition, the Ed O’Bannon’s lawsuit or the lawsuit of Samantha Sackos. What is more, the author tries to identify the essential frames where bylaws sholud be altered in order to improve the situation of student-athletes, which does not necessarily result in granting them an employee status on the other hand. The author based his characteristic and analysis of this issue on a representative collection of publications by american authors, various documents and other materials issued by organizations which function in the American sports environment (e.g. NCAA and the most significant rulings connected with academic sport. In order to exemplify the above-mantioned issues, the author used several times chosen press materials. This article presents major features of the American academic sport. It brings closer the most important matters linked with practinig sport by students at universities in the United States and relationships between student-athletes, univesities, agents, different types of organizations and professional leagues. Description of the system established in academic sport in the United States gives also the opportunity to identify and evaluate its advantages and disadvantages.

Frequency, Expected Effects, Obstacles, and Facilitators of Disclosure of Patient Safety Incidents: A Systematic Review

Directory of Open Access Journals (Sweden)

Minsu Ock

2017-03-01

Full Text Available Objectives We performed a systematic review to assess and aggregate the available evidence on the frequency, expected effects, obstacles, and facilitators of disclosure of patient safety incidents (DPSI. Methods We used the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA guidelines for this systematic review and searched PubMed, Scopus, and the Cochrane Library for English articles published between 1990 and 2014. Two authors independently conducted the title screening and abstract review. Ninety-nine articles were selected for full-text reviews. One author extracted the data and another verified them. Results There was considerable variation in the reported frequency of DPSI among medical professionals. The main expected effects of DPSI were decreased intention of the general public to file medical lawsuits and punish medical professionals, increased credibility of medical professionals, increased intention of patients to revisit and recommend physicians or hospitals, higher ratings of quality of care, and alleviation of feelings of guilt among medical professionals. The obstacles to DPSI were fear of medical lawsuits and punishment, fear of a damaged professional reputation among colleagues and patients, diminished patient trust, the complexity of the situation, and the absence of a patient safety culture. However, the factors facilitating DPSI included the creation of a safe environment for reporting patient safety incidents, as well as guidelines and education for DPSI. Conclusions The reported frequency of the experience of the general public with DPSI was somewhat lower than the reported frequency of DPSI among medical professionals. Although we identified various expected effects of DPSI, more empirical evidence from real cases is required.

Stricter School Soda Limits Offered: Facing Lawsuit Threat, Beverage Industry Vows to Curb High-Calorie Drinks

Science.gov (United States)

Samuels, Christina A.

2006-01-01

The soft-drink industry vowed to voluntarily curb selling sugary sodas and other high-calorie beverages in schools, a move that was taken under threat of litigation by critics who see the industry as a prime culprit in a national obesity crisis. The promise offered no guarantee that schools would go along with the restrictions, though many…

A Public Relations Nightmare: ACLU Class Action Lawsuit Exposes Inaccurate and Inequitable High School Graduation Rates

Science.gov (United States)

Watson, Terri N.; Brown, Kathleen M.

2010-01-01

Florida's decision to equate a GED to a high school diploma undermines the attempt of No Child Left Behind to close the achievement gap, while infringing on the public's trust. Public trust fosters a culture of systemic equity and social justice, which are necessary for academic excellence (Byrk & Schneider, 2003). Florida's code of ethics for…

Genetic engineering: picking up the pieces.

Science.gov (United States)

Budiansky, S

Proposals from two private companies for the field testing of recombinant organisms are still slated to be considered by the Recombinant DNA Advisory Committee (RAC) of the National Institutes of Health (NIH), despite a federal district court ruling that temporarily halted a University of California field test and barred RAC from approving any other experiments involving NIH funds that would deliberately release recombinant DNA into the environment. The ruling, which was prompted by a lawsuit filed by Jeremy Rifkin, specifically exempted private companies because they are not legally bound by RAC decisions, but have been complying voluntarily. The temporary injunction is being appealed by the university.

Uranium: a basic evaluation

International Nuclear Information System (INIS)

Crull, A.W.

1978-01-01

All energy sources and technologies, including uranium and the nuclear industry, are needed to provide power. Public misunderstanding of the nature of uranium and how it works as a fuel may jeopardize nuclear energy as a major option. Basic chemical facts about uranium ore and uranium fuel technology are presented. Some of the major policy decisions that must be made include the enrichment, stockpiling, and pricing of uranium. Investigations and lawsuits pertaining to uranium markets are reviewed, and the point is made that oil companies will probably have to divest their non-oil energy activities. Recommendations for nuclear policies that have been made by the General Accounting Office are discussed briefly

Correlates of MSW Students’ Perceptions of Preparedness to Manage Risk and Personal Liability

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Michael N. Kane

2002-12-01

Full Text Available Few studies in the discipline of social work have identified correlates of preparedness to manage risk and personal liability among practitioners or students. This study investigated predictors of MSW students’ perceptions of managing personal risk and liability (N=116. Four correlates were identified from the standard regression model that accounts for 43% of the adjusted variance. These predictor variables included: (a concern and worry about lawsuits (Beta=-.458, p=.00, (b understanding the fit between client advocacy and managed care (Beta=.328,p=.00, (c understanding agency documentation requirements (Beta=-.164, p=.05, and (d perceptions of field preparation for documentation (Beta=.162, p=.05. Implications are discussed.

State court rejects estoppel in job accommodation case.

Science.gov (United States)

1997-07-25

The Supreme Judicial Court of Massachusetts ruled that a person who applies for disability benefits does not forfeit his right to pursue an employment discrimination claim if the employer refuses to accommodate his disability. The court ruled in favor of [name removed], who sued the law firm of [name removed] and [name removed] in Boston for violating the State's Anti-Discrimination Law. The law firm cited Federal and State precedents to show that [name removed] should be estopped from pursuing his lawsuit. [Name removed], who had multiple sclerosis, proved that he was capable of performing the tasks required of him as long as his schedule was flexible.

Guidelines for conducting bulletproof workplace investigations: part I--preparation and interviewing issues.

Science.gov (United States)

Mitchell, Michael S; Koen, Clifford M

2012-01-01

Conducting proper and thorough investigations is one of the most important and most difficult responsibilities for today's health care manager in terms of avoiding or successfully defending lawsuits. This article provides guidance for managers on how to use proper interview and investigative techniques while avoiding a violation of employees' rights to privacy. Suggestions are provided on how to protect confidential information obtained by the investigation. Interview questions that may be asked during the investigation are provided. By asking appropriate questions and documenting all aspects of the investigative process, employers can provide useful information to their legal counsel and be on the winning side if the situation results in litigation.

PRINSIP HAKIM AKTIF DALAM PERKARA PERDATA / The Principle of Active Judge in Civil Case

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Sunarto Sunarto

2016-07-01

Full Text Available Keadilan harus dengan tegas ditegakkan. Tuntutan tersebut tidak memungkinkan untuk dimodifikasi karena penegakan keadilan sangat berhubungan dengan penegakan hak. Paradigma umum dalam melihat hukum acara perdata menempatkan Hakim bersifat pasif dalam menjalankan tugas dan fungsinya. Meskipun begitu terdapat keadaan-keadaan yang memposisikan hakim agar aktif menyelesaikan perkara perdata. Hal itu dapat terlihat pada penerapan Pasal 119 HIR pada saat Ketua Pengadilan Negeri memberikan bantuan berupa nasehat serta bantuan yang berhubungan dengan formalitas atau syarat-syarat gugatan agar gugatan dapat diterima dan memenuhi syarat-syarat formalitas gugatan kepada penggugat atau kuasanya. Selain itu, Pasal 130 HIR / Pasal 154 RBG, diwajibkan agar Ketua Pengadilan Negeri berusaha mendamaikan kedua belah pihak yang berperkara. Selanjutnya pada Pasal 132 HIR / Pasal 156 RBG, Hakim memiliki peranan aktif untuk menginformasikan kepada kedua belah pihak yang berperkara dan memberikan penjelasan kepada para pihak yang berperkara tentang adanya hak untuk melakukan upaya hukum serta hak untuk mengajukan alat-alat bukti di persidangan.   The Justice must be firmly maintained. This demand can not be modified due to it was closely related to the rights enforcement. The common paradigm in civil code perception makes judges passively work in civil cases handling. It can be seen in Article 119 HIR when the general court chief judge give a support as advice and help related to the formality or the terms of the lawsuit for the strike to be acceptable and meets the requirements of formality lawsuit against the plaintiff or attorney. Moreover, Article 130 HIR / RBG Article 154, required that general court chief judge attempted to reconcile the two parties litigant. Furthermore, in Article 132 HIR / RBG Article 156, the Judge has an active role to inform both litigants and provide an explanation to the litigants of their rights to take legal actions and the right to

How Radiation Oncologists Would Disclose Errors: Results of a Survey of Radiation Oncologists and Trainees

International Nuclear Information System (INIS)

Evans, Suzanne B.; Yu, James B.; Chagpar, Anees

2012-01-01

Purpose: To analyze error disclosure attitudes of radiation oncologists and to correlate error disclosure beliefs with survey-assessed disclosure behavior. Methods and Materials: With institutional review board exemption, an anonymous online survey was devised. An email invitation was sent to radiation oncologists (American Society for Radiation Oncology [ASTRO] gold medal winners, program directors and chair persons of academic institutions, and former ASTRO lecturers) and residents. A disclosure score was calculated based on the number or full, partial, or no disclosure responses chosen to the vignette-based questions, and correlation was attempted with attitudes toward error disclosure. Results: The survey received 176 responses: 94.8% of respondents considered themselves more likely to disclose in the setting of a serious medical error; 72.7% of respondents did not feel it mattered who was responsible for the error in deciding to disclose, and 3.9% felt more likely to disclose if someone else was responsible; 38.0% of respondents felt that disclosure increased the likelihood of a lawsuit, and 32.4% felt disclosure decreased the likelihood of lawsuit; 71.6% of respondents felt near misses should not be disclosed; 51.7% thought that minor errors should not be disclosed; 64.7% viewed disclosure as an opportunity for forgiveness from the patient; and 44.6% considered the patient's level of confidence in them to be a factor in disclosure. For a scenario that could be considerable, a non-harmful error, 78.9% of respondents would not contact the family. Respondents with high disclosure scores were more likely to feel that disclosure was an opportunity for forgiveness (P=.003) and to have never seen major medical errors (P=.004). Conclusions: The surveyed radiation oncologists chose to respond with full disclosure at a high rate, although ideal disclosure practices were not uniformly adhered to beyond the initial decision to disclose the occurrence of the error.

Operating room fires in periocular surgery.

Science.gov (United States)

Connor, Michael A; Menke, Anne M; Vrcek, Ivan; Shore, John W

2018-06-01

A survey of ophthalmic plastic and reconstructive surgeons as well as seven-year data regarding claims made to the Ophthalmic Mutual Insurance Company (OMIC) is used to discuss operating room fires in periocular surgery. A retrospective review of all closed claim operating room fires submitted to OMIC was performed. A survey soliciting personal experiences with operating room fires was distributed to all American Society of Oculoplastic and Reconstructive Surgeons. Over the last 2 decades, OMIC managed 7 lawsuits resulting from an operating room fire during periocular surgery. The mean settlement per lawsuit was $145,285 (range $10,000-474,994). All six patients suffered burns to the face, and three required admission to a burn unit. One hundred and sixty-eight surgeons participated in the online survey. Approximately 44% of survey respondents have experienced at least one operating room fire. Supplemental oxygen was administered in 88% of these cases. Most surgical fires reported occurred in a hospital-based operating room (59%) under monitored anesthesia care (79%). Monopolar cautery (41%) and thermal, high-temperature cautery (41%) were most commonly reported as the inciting agents. Almost half of the patients involved in a surgical fire experienced a complication from the fire (48%). Sixty-nine percent of hospital operating rooms and 66% of ambulatory surgery centers maintain an operating room fire prevention policy. An intraoperative fire can be costly for both the patient and the surgeon. Ophthalmic surgeons operate in an oxygen rich and therefore flammable environment. Proactive measures can be undertaken to reduce the incidence of surgical fires periocular surgery; however, a fire can occur at any time and the entire operating room team must be constantly vigilant to prevent and manage operating room fires.

The Wheels on the Bus Go “Buy Buy Buy”: School Bus Advertising Laws

Science.gov (United States)

2012-01-01

School buses, a practical necessity for millions of children, are at the center of new efforts to raise revenue. School bus advertising laws bring public health and commercialization concerns to the school setting. In doing so, they potentially expose school districts to First Amendment lawsuits. I examined various school bus advertising bills and laws. I reviewed First Amendment “forum analysis” as applied in the transit and school settings to clarify how this legal test may affect school districts subject to such laws. I have made recommendations for school districts to enact appropriate policies to ensure that such advertising does not undermine public health and to enable the districts to maintain control over their property. PMID:22742065

The wheels on the bus go "buy buy buy": school bus advertising laws.

Science.gov (United States)

Pomeranz, Jennifer L

2012-09-01

School buses, a practical necessity for millions of children, are at the center of new efforts to raise revenue. School bus advertising laws bring public health and commercialization concerns to the school setting. In doing so, they potentially expose school districts to First Amendment lawsuits. I examined various school bus advertising bills and laws. I reviewed First Amendment "forum analysis" as applied in the transit and school settings to clarify how this legal test may affect school districts subject to such laws. I have made recommendations for school districts to enact appropriate policies to ensure that such advertising does not undermine public health and to enable the districts to maintain control over their property.

Los marcos legales de la islamización: el procedimiento judicial entre cristianos arabizados y mozárabes

Directory of Open Access Journals (Sweden)

Ana ECHEVARRÍA ARSUAGA

2011-02-01

Full Text Available This article deals with the study of changes in the Hispanic Canonic Collection, compiled in Arabic in a manuscript copied in the 11th Century, in order to adapt it to an environment where Islamic law was the rule. Lawsuit requirements were therefore different from the ones necessary during Visigothic times. The arrangement of the Collection included canons from other councils of the Church, not quoted in Latin versions. These show a series of social and legal developments that prove the increasing Arabization of Christians living in Islamic territories. At the same time, these canons make a difference with the transmission of the Collection in the Christian kingdoms of Northern Iberia.

The Essence of Equivalent Markets in Determining the Market Value of Land Property for Variable Planning Factors

Directory of Open Access Journals (Sweden)

Wójciak Ewelina

2016-09-01

Full Text Available The leading local legislation act defining the spatial policy is the local development plan, the financing of which is the commune’s responsibility. The beneficiary of activities aimed at the transformation of the intended property use is its owner or its perpetual lessee – with lessees incurring the costs of adopting the local development plans through so-called zoning fees, the amount of which, often controversial, has become the source of numerous lawsuits. The presented problem of an outside-business and often radical change of land value corresponds to the market dilemmas in determining equivalent markets, and establishing price-setting factors and their impact on the value of real estate.

Can we resolve the radiation controversy

International Nuclear Information System (INIS)

Webster, E.W.

1983-01-01

The past 20 years has seen an intensification of anxieties about potential harm, specifically cancer, from low levels of x or gamma rays. The idea that radiation is more damaging than previously estimated, says the author, is a central theme in current radiation phobia and probably the principal prop of the antinuclear movement. A current law-suit decision in Salt Lake City will settle the issue for the present. Historical data from Japanese A-bomb survivors and other studies are reviewed, the need for further epidemiologic work pointed out, and 20 years more of data collection from the Japanese survivors indicated as the final arbiter of the controversy. 18 references, 8 figures, 11 tables

Federal securities law and the need to disclose the risk of canceling nuclear plant

International Nuclear Information System (INIS)

Sponseller, D.

1984-01-01

Almost every electric utility company involved in nuclear plant construction has experienced difficulty as a result of the deteriorating condition of the nuclear industry as a whole. The thrust of a growing number of lawsuits brought against electric companies for alleged violations of federal securities laws is that the companies failed to reveal cost overruns, delays, and the risk of cancellation and write-off of nuclear plants in their annual reports and registration statements. A review of several suits and the disclosure requirements of securities statutes concludes that, although investors have known about utility problems, they have just become aware this year that the entire financial viability of the electric companies is threatened

How nuclear liability practices have been implemented in US. US nuclear claims experience

International Nuclear Information System (INIS)

Bardes, C.R.

2000-01-01

Three Mile Island has been only major nuclear incident in US involving a power plant that resulted in payments to public. In addition to Three Mile Island, there have been only 3 lawsuits by members of the public against nuclear power plant operators; these alleged bodily injury and property damage resulting from normal operations. Of 202 claims handled by ANI, 161 involved individual nuclear facilities workers. Costs of the worker claims (through 1998) was US $1.5 million for indemnity (losses) and US$35.9 million for legal defense costs. By far, 1979 TMI accident produced largest number of third-party claims. ANI's emergency claims handling procedure for large nuclear accident tested and proved itself at Three Mile Island

Evaluation of the third-party mediation mechanism for medical disputes in China.

Science.gov (United States)

Zhao, Min

2011-09-01

Medical disputes have been increasing in recent years in China, which cause growing tension between doctors and patients. In many locations, it has started as a practice of exploring diversified dispute settlement methods. Great importance has been attached to the non-lawsuit model through third-party mediation, which might have been led by professional organizations, insurance companies, People's Mediation Committees, or three-level governmental authorities. Those have contributed to a rapid effective resolution of medical disputes. However, there are some deficiencies that need to be addressed and fixed up, thus calling for improvement, such as the lack of a sustainable supporting mechanism, unclear legal status of the mediation institutions and mediation agreements, patching up a quarrel by only compensation.

Verification Failures: What to Do When Things Go Wrong

Science.gov (United States)

Bertacco, Valeria

Every integrated circuit is released with latent bugs. The damage and risk implied by an escaped bug ranges from almost imperceptible to potential tragedy; unfortunately it is impossible to discern within this range before a bug has been exposed and analyzed. While the past few decades have witnessed significant efforts to improve verification methodology for hardware systems, these efforts have been far outstripped by the massive complexity of modern digital designs, leading to product releases for which an always smaller fraction of system's states has been verified. The news of escaped bugs in large market designs and/or safety critical domains is alarming because of safety and cost implications (due to replacements, lawsuits, etc.).

LLW Notes Supplement, May/June 1994: Ward Valley, California: Legal issues in summary

International Nuclear Information System (INIS)

Norris, C.; Lovinger, T.

1994-01-01

This document is a digest of the major issues raised by the petitioners for the superior court's consideration and of the responses to those issues that were supplied by the state respondents. The issues have been extracted from a joint memorandum filed by the petitioners on March 9. The responses are taken from the state respondents' April 6 memorandum. The superior court's decision about the merit of each issue - as reported in the court's May 4 order - is also included. This information is necessarily summary in nature. Persons interested in a detailed explanation of these lawsuits are directed to the parties' memorandums of March 9 and April 6, as well as to the court's May 4 order

ANALISA HUKUM PUTUSAN NOMOR: 28/MEREK/2011/PENGADILAN NIAGA JAKARTA SENGKETA MEREK ANTARA MEREK CALCIMAX DENGAN MEREK CALCIMEX

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Ali Sutiyo Syaifulloh

2015-05-01

Full Text Available This research was intended to review and analyze the verdicts also discusses how judges assess the fame of a trademark based on some of the lawsuit claimed by foreign entrepreneur to local entrepreneurs as a case study takes verdict No. 28/MEREK/2011/PN.NIAGA.JKT.PST. between Calcimax and Calcimex. In this dispute, the local entrepreneur, Calcimax trademark owner won because it proved no intention to pass off, imitate or trace Calcimex’s notoriety for his business purposes. It also proved that Calcimax trademark registration didn’t cause unfair competition, deceptive, or misleading the consumer. In other words, local entrepreneur who is Calcimax brand owner registered his brand properly and honestly.

Stuttgart Regional Court: Decision of October 3, 1980 - on the boycotting of electricity rate payments

International Nuclear Information System (INIS)

Anon.

1981-01-01

Due to lawsuit economy, the interest of the electricity supply utility in obtaining a declaratory judgment, stating that an electricity rate payment boycotter has no right of refusal to pay, and no right to withhold payment of, rates with regard to future claims from electricity supplies, has to be advocated. To affirm interest in a declaratory action, it is sufficient that the future obligations of the electricity rate payment boycotter can be described as the result of present electricity supply relationships. Vis-a-vis the electricity supply utility, the electricity rate payment boycotter has no right of refusal to pay, and no right to withhold payment of, rates because of the operation of a nuclear power station. (orig.) [de

Guidelines for conducting bulletproof workplace investigations: Part II--searches, surveillance, and other legal issues.

Science.gov (United States)

Koen, Clifford M; Mitchell, Michael S

2012-01-01

A proper and thorough investigation can help avoid or successfully defend lawsuits. When conducting workplace investigations, employers must take care to conduct reasonable searches and not violate employees' rights to privacy. This article addresses privacy and other legal issues surrounding the use of various types of electronic surveillance including wiretapping, video/photography, and monitoring of e-mail. While conducting such searches, employers must be vigilant in their efforts to avoid liability for defamation and to properly document the investigation. Guidance is provided on these issues along with advice on the recommendation and/or remedial action that may result from the investigation and a checklist of additional considerations when conducting investigations resulting from harassment.

O perfil de casais que vivenciam divórcios consensuais e litigiosos: uma análise das demandas judiciais El perfil de las parejas que experimentan divorcios consensuales y litigiosos: un análisis de los litigios The profile of couples who experience consensual divorces and litigation: an analysis of lawsuits

Directory of Open Access Journals (Sweden)

Eliana Piccoli Zordan

2012-08-01

divorcio puede ser considerado como una crisis vital contemporánea y demanda de los profesionales una mayor complejidad en sus intervenciones tanto de orden jurídico como psicológico en el fenómeno.This study aimed to identify the reasons, circumstances and consequences of marital dissolution from records in legal proceedings. A documentary analysis of 152 marital dissolutions archived from 1992 to 2006 in the Forum of a city in RS was performed. There was a descriptive and discriminant analysis of the data. The most cited reasons relate to marital conflict in its different hues and intensities. As for the outcome, it was found that 46.7% of cases were consensual, 30.9 % litigation, 22.4% abandoned the lawsuit or have reconciled. The profile of the couples is mainly discriminated by socioeconomic level in relation to consensual processes or litigation. Consensual separations are more common in low socioeconomic levels and litigation in high. Data indicate that divorce may be considered a contemporary life crisis that demands more complexity of professionals in their interventions both legal and psychological phenomenon.

Native Americans and resource development: Third World brought home

Energy Technology Data Exchange (ETDEWEB)

Jacobs, N.

1978-03-01

Indian reservations that are rich in uranium, oil, and coal deposits provide a development problem that is similar to that of Third World countries. The tribes have been cheated by government leasing of their lands for energy development without adequate payment, employment opportunities, environmental constraints, or prior consultation. Examples of this treatment illustrate the exploitation of Indian lands and tribes, but recent lawsuits indicate a growing awareness on the part of Native Americans of the impact that resource development has on their lives and a willingness to assert themselves. Government and industry opposition to this assertiveness is demonstrated by the bills in Congress that would revoke treaties with Indian tribes and would, under the guise of equal opportunity, strip them of their sovereignty over aboriginal lands.

Bodies in Contempt: Gender, Class and Disability Intersections in Workplace Discrimination Claims

Directory of Open Access Journals (Sweden)

Jenny Dick-Mosher

2015-09-01

Full Text Available This article draws on theories of gendered organizations to examine discrimination against people with disabilities in the workplace. A sample of 200 cases that document disability discrimination lawsuits was drawn from the Westlaw legal database. Each case was coded for gender, job, disability and discrimination type and analyzed using multinomial logistic models. Of those 200 cases, 34 were selected for in depth qualitative analysis. This study finds that disability type, job type, and gender do have an influence on the type of discrimination someone is likely to experience. In addition, the qualitative analysis finds that the social processes of discrimination differ based on job type and gender pointing to intersections of disability and class as well as gender and disability.

Future Trends: Nutritional Supplements in Sports and Exercise

Science.gov (United States)

Spano, Marie; Antonio, Jose

The field of sports nutrition is defined not only by dietary recommendations for various athletes, research and new supplements that are on store shelves but also by the direction of the industry itself. Consumer spending, media coverage, professional athlete endorsement of various supplements, lawsuits, regulations in governing bodies and clinical research all have an impact on the direction and growth of the sports nutrition industry. To date, no supplement has affected sports nutrition as much as creatine and the company that both funded most of the research supporting the ergogenic benefits of creatine and capitalized on such research. There is no current leader in the sports nutrition market. Instead, companies are vying among steady competition for space on store shelves and overall product sales.

Issues of medical necessity: a medical director's guide to good faith adjudication.

Science.gov (United States)

Quinn, C

1997-06-01

The term medical necessity is difficult to define, a problem for insurers who need to clearly describe what is and is not covered in their contracts with subscribers. An unclear, vague definition of medical necessity leaves insurers vulnerable to litigation by subscribers denied care deemed medically unnecessary. To avoid lawsuits, insurers must make every effort to educate their subscribers about their medical coverage, going beyond merely providing a lengthy subscriber handbook. In decisions on medical necessity, medical directors at insurance companies play a key role. They can bolster the insurer's position in denial-of-care cases in numerous ways, including keeping meticulous records, eliminating unreasonable financial incentives, maintaining a claims denial database, and consulting with other insurers to achieve a consensus on medical necessity.

Doctors as Stewards of medicare, or not: CAMSI, MRG, CDM, DRHC and the thin alphabet soup of physician support.

Science.gov (United States)

Duffin, Jacalyn

2018-07-01

Physicians are deeply involved in Canadian medicare because it is through medicare that they are paid. However, from its origins to the present physicians -as a profession - have not been strong supporters of medicare. Fearing loss of income and individual autonomy, they have frequently opposed it with criticisms, strikes, threatened job action and lawsuits. Some opponents are unaware that medicare was a boon to physician income, and many fail to connect medicare with responsibility for improving the health status of the country. This paper will trace physician involvement, support and opposition to medicare from its inception to the present, with special attention to small physician organizations that have supported medicare. It will close with a proposal for how doctors could display greater stewardship.

"Democracy was never intended for degenerates": Alberta's flirtation with eugenics comes back to haunt it.

Science.gov (United States)

Cairney, R

1996-09-15

An Alberta woman recently won a lawsuit against the government of Alberta for wrongful sterilization that took place when she was a 14-year-old ward at the Provincial Training School for Mental Defectives. It was the first time the province has been held accountable for actions taken under the Sexual Sterilization Act, a 1927 law that promoted the theory of eugenics and led to the sterilization of more than 2800 people. It has since been repealed. A physician who served on the province's Eugenics Board said the decisions were based on the best scientific advice and medical techniques available at the time. Today, she added, eugenics is being practised in a different way through prenatal diagnosis and therapeutic abortion.

You're it! How to psychologically survive an internal investigation, disciplinary proceeding, or legal action in the police, fire, medical, mental health, legal, or emergency services professions.

Science.gov (United States)

Miller, Laurence

2009-01-01

Rightly or wrongly, law enforcement, public safety, medical, mental health, legal, and emergency services professionals may have to face internal investigation, disciplinary measures, license suspension, criminal prosecution, civil lawsuits, and/or personal life disruption related to actions taken in the course of their work. This article describes the main categories of misconduct--or simply mistakes--that can cause different types of professionals to be investigated, charged, prosecuted, and/or sued. It next discusses the kinds of psychological reactions commonly seen in workers who face these kinds of proceedings. Finally, the article offers a set of practical psychological coping strategies and procedural recommendations for dealing with the stresses of an investigation, administrative action, or litigation, and for mitigating their effects on one's life and career.

Nuclear power for an urban center

International Nuclear Information System (INIS)

de Pass, V.E.

1976-01-01

In recent years public concern over the effects of nuclear power plants on the environment has led to organized opposition to proposed plants, to changes in the radiation standards and licensing procedures of the Nuclear Regulatory Commission (NRC), formerly the Atomic Energy Commission (AEC), and to federal and state legislation, referenda, and numerous lawsuits. Unfortunately, movement has been slow toward an overall federal program for licensing nuclear power plants and the NRC does not have the sole responsibility for environmental regulations. It is therefore imperative that an interagency impasse not be permitted to develop in which the Nuclear Regulatory Commission is allowed to proceed with its NEPA reviews but the Environmental Protection Agency is not obligated in any way to abide by the Commission's findings

Preventing Workplace Injuries Among Perinatal Nurses.

Science.gov (United States)

Harolds, Laura; Hurst, Helen

2016-01-01

Many aspects of perinatal nursing put nurses at risk for injuries, including frequent repetitive bending, lifting of clients, and exposure to potentially large amounts of body fluids such as blood and amniotic fluid. Violence is also a potential risk with stressful family situations that may arise around childbirth. Workplace injuries put a health care facility at risk for staff turnover, decreases in the number of skilled nurses, client dissatisfaction, workers' compensation payouts, and employee lawsuits. Through the use of safety equipment, improved safety and violence training programs, "no manual lift" policies, reinforcement of personal protective equipment usage, and diligent staff training to improve awareness, these risks can be minimized. © 2016 AWHONN, the Association of Women’s Health, Obstetric and Neonatal Nurses.

Regional Power Authority urged for TMI operations

International Nuclear Information System (INIS)

Anon.

1981-01-01

If the Three Mile Island (TMI) unit 1 returns to service, state ownership with a Regional Power Authority to oversee its operation and complete the cleanup of unit 2 would benefit ratepayers and avoid lengthy lawsuits, according to an Arthur Young and Company report to the New Jersey Board of Utilities. The report rejects continued ownership by General Public Utilities (GPU), merger, divestiture, and other options. It also outlines several conditions necessary for a Regional Power Authority: adequate rate relief, restart of TMI-1, congressional tax exemption, and approval by the GPU board and stockholders. The report recommends that Jersey Central divest itself of GPU to avoid financial disaster if GPU should declare bankruptcy, but it advises maintaining the flexibility to exercise long-term options

Possibilities for reducing control and speeding up procedures in the judicial control, according to the Federal Immission Control Act, section 6, of licences granted

International Nuclear Information System (INIS)

Schwab, J.

1986-01-01

On evaluating court rulings and literature it is seen that there is far-reaching disagreement in dealing with the density of administrative control in immission protection. Further problems consist in the fact that law-suits take extremely long to conclude and that the courts of administration are faced with an immense load of work. This thesis therefore aims to point out ways and means in accordance with democratic practices to reduce the difficulties now existing. Ways are sought to reduce control via the material immission protection regulations and via administrative regulations. A comparison with American legal practice shows that courts primarily supervise the administrative procedure and develop its rules further. That practice lies within the limits of the theory of the scope of evaluation. (HSCH) [de

The flaws in state 'apology' and 'disclosure' laws dilute their intended impact on malpractice suits.

Science.gov (United States)

Mastroianni, Anna C; Mello, Michelle M; Sommer, Shannon; Hardy, Mary; Gallagher, Thomas H

2010-09-01

Apologies are rare in the medical world, where health care providers fear that admissions of guilt or expressions of regret could be used by plaintiffs in malpractice lawsuits. Nevertheless, some states are moving toward giving health care providers legal protection so that they feel free to apologize to patients for a medical mistake. Advocates believe that these laws are beneficial for patients and providers. However, our analysis of "apology" and "disclosure" laws in thirty-four states and the District of Columbia finds that most of the laws have major shortcomings. These may actually discourage comprehensive disclosures and apologies and weaken the laws' impact on malpractice suits. Many could be resolved by improved statutory design and communication of new legal requirements and protections.

Public Discussion about Completion of Mochovce Units 3 and 4

International Nuclear Information System (INIS)

Anon

2014-01-01

After the introduction of the Nuclear Regulatory Authority (NRA) reopened NRA, the participants familiarised themselves with the history of M.I.5 (1980-2008), with the decisions of the NRA issued in 2008, with the law-suit and the judgement of the Supreme Court of the Slovak Republic, with the course of the procedure after the judgement, and with the comments, proposals and suggestions of the procedure participants delivered to the Authority within the specified period. The public hearing of the comments was followed by technical comments of the procedure participants focused on events at one unit that can affect the neighbouring unit, containment concept, seismic threat and accidents with fuel melting, which were fully answered by the competent persons. The hearing ended with a discussion.

La práctica judicial en las causas matrimoniales de la sociedad española del siglo XVIII

Directory of Open Access Journals (Sweden)

Margarita Ortega López

1999-01-01

Full Text Available El trabajo muestra los comportamientos y estrategias que siguieron los tribunales españoles del siglo XVIII en las causas matrimoniales. Se percibe en ellos como buscaban perpetuar a toda costa la convivencia entre los esposos bajo el principio básico de autoridad masculina y obediencia femenina, existiendo una evidente complicidad entre la magistratura y el cabeza de familia afectado.The study shows the behaviours and strategys, that follow the spanish courts during the XVIII century in the matrimonial lawsuit. In them perceive it, haw they search for perpetúate insistencely the coexistence between the husbands, under the basic principie of the masculine authority and femenine obedience; existing a obvious accomplicity between the magistrate and the family's leader affected.

15 CFR 15.32 - Procedures for the handling of lawsuits against Department employees arising within the scope of...

Science.gov (United States)

2010-01-01

...) for personal injury, loss of property or death, resulting from the Department employee's activities... Counsel, or his/her designee, may request that the Department of Justice provide legal representation for...

Belial, Procurator Infernalis: Who Is Truly at Fault?

Directory of Open Access Journals (Sweden)

Nataša Golob

2011-12-01

Full Text Available Jacobus da Teramo, an excellent lawyer and high-ranking person in the ecclesiastical hierarchy, is known for a number of prominent scholarly works, but he also wrote (ca. 1382 a narration known under various titles: Consolatio peccatorum, seu Processus Luciferi contra Jesum Christum, Liber Belial, and Processus Luciferu contra Iesum coram Iudice Salomone. This is a lawsuit between Lucifer and Christ, in which Devil sues Christ for having trespassed by descending into Hell and taking many souls with him. At the first trial, Moses speaks for Christ and Belial for Lucifer, and in the second Aristotle and Isaiah defend Christ, while Lucifer is defended by Emperor Augustus and Jeremiah. In both trials, the decision is in favor of Christ, but in the second trial the Devil is granted the right to take possession of the bodies and souls of the damned at the Last Judgment. This work was very popular and is still known in many manuscript copies and printed editions. The theme of a trial in extraterrestrial territory performed by famous historical and literary persons was very popular in medieval Europe, and several authors used the motif of a lawsuit involving the Devil and Christ. Da Teramo’s text was translated into German, and it gained broad audiences. He described well the persons and sequences of scenes familiar to him from the courts; his strong descriptions placed the persons in the realm of satire because these descriptions do not lack irony and some psychological teasing. It is also an allegory of the order of the world, presented in a didactic and moralizing tone. It is interesting to realize that, half a century before da Teramo’s Belial, a poem of 2,438 verses was composed in the parish of Vellach, Austria (Sln. Koroška Bela, yet another proof that this theme was also largely known in Carniola and Carinthia. Moreover, several examples of comparable texts are preserved from Slovenian medieval monasteries.

Medical professional responsibility for postvasectomy pregnancy.

Science.gov (United States)

Vargas-Blasco, C; Arimany-Manso, J; Gómez-Durán, E L; Martin Fumadó, C; Piqueras-Bartolomé, M; Capdevila-Querol, S; Laborda-Rodriguez, A

2016-01-01

The follow-up of patients postvasectomy is frequently limited to a seminogram at 3months if azoospermia is observed. This study evaluates a series of cases of complaints for postvasectomy pregnancy to establish follow-up recommendations that increase the clinical safety and reduce the risk of complaints. We reviewed the database of the Department of Professional Responsibility of the Council of the College of Physicians of Catalonia, finding 28 complaints for postvasectomy pregnancy between 1992 and 2011. We analysed the clinical and legal variables of the cases. A total of 13 extrajudicial complaints (46.43%), 13 civil lawsuits (46.43%) and 2 criminal lawsuits (7.14%) were recorded. Only 10 cases had a signed document of informed consent specific to vasectomy. In 26 cases, the data from the spermogram was available. A single spermogram was conducted in 20 cases (76.92%), 2 spermograms were conducted in 4 cases (15.38%) and none were performed in 2 cases (7.69%). For 9 of the cases (45%) where only a single spermogram was performed, the test was performed before 3months postvasectomy. In 17 cases (65.38%), the result of the last spermogram was azoospermia, and 3 cases had oligospermia (11.54%). There were 2 failures of interpretation of the spermogram (7.69%) and 2 of normospermia (7.69%). In 2 cases, a spermogram was not performed (7.69%). Pregnancy occurred between 4 and 50 months after the intervention. In 12 cases (42.86%), it was considered that the practitioner was responsible. It is recommended that physicians emphasise (during the patient information stage) the possibility of spontaneous recanalisation and to request 2 spermograms, whose result should be azoospermia. Performing the test in the 3months after vasectomy is risky, as is basing the waiting time on the number of ejaculations. Copyright © 2016 AEU. Publicado por Elsevier España, S.L.U. All rights reserved.

An overview of Medicaid managed care litigation.

Science.gov (United States)

Rosenbaum, S; Teitelbaum, J; Kirby, C; Priebe, L; Klement, T

1998-11-01

Since the enactment of Medicaid in 1965, states have had the option of offering beneficiaries enrollment in managed care arrangements. With the advent of mandatory managed care reaching millions of beneficiaries (including a growing proportion of disabled recipients), the amount and scope of litigation involving Medicaid managed care plans can be expected to grow. A review of the current litigation regarding Medicaid managed care reveals two basic types of lawsuits: (1) those that challenge the practices of managed care companies under various federal and state laws that safeguard consumer rights, protect health care quality, and prohibit discrimination; and (2) suits that assert claims arising directly under the Medicaid statute and implementing regulations, as well as claims related to Constitutional safeguards that undergird the program. Lawsuits asserting claims arising under Medicaid tend to raise two basic questions: (1) the extent to which enrollment in a Medicaid managed care plan alters existing Medicaid beneficiary rights and state agency duties under federal or state Medicaid law; and (2) the extent to which managed care companies, as agents of the state, act under "color of law" (i.e., undertaking to perform official duties or acting with the imprimatur of state authority). Additionally, states might see an increase in litigation brought by prospective and current contractors who assert that they have been wrongfully denied contracts or improperly penalized for poor performance. These assertions may involve claims that are grounded in federal and state law, the Medicaid statute, and the Constitution. Moreover, in light of the consumer protection elements of the managed care reforms contained in the Balanced Budget Act, future managed care litigation may focus on the manner in which companies carry out states' obligations toward managed care enrollees. Resolution of Medicaid managed care cases involves the application of general principles of

Genetic manipulation: NIH concede part of Rifkin suit.

Science.gov (United States)

Budiansky, S

Officials at the National Institutes of Health (NIH) have acceded to a major claim in a lawsuit brought by anti-genetic engineering activist Jeremy Rifkin to halt field trials involving the release of recombinant organisms into the environment. In an appeal filed with the U.S. Circuit Court of Appeals in Washington, NIH agreed to produce an environmental assessment of individual experiments as demanded by U.S. District Court Judge John Sirica in May, while continuing to appeal Sirica's ruling that an impact statement on the full environmental release program is required. The appeals court is scheduled to hear the case in December. Meanwhile, on another front, the NIH Recombinant DNA Advisory Committee has rejected another Rifkin proposal to ban all transfers of genetic materials from one mammalian species to the germline of another.

Court grants courier a jury trial based on fear of AIDS.

Science.gov (United States)

1996-03-08

A medical courier who was exposed to blood from a leaking container will be granted a jury trial in Albuquerque, NM. Courier [name removed] was splashed with blood and became alarmed because she had paper cuts on her hands. Repeated blood tests for HIV and hepatitis B were negative. A Bernallilo County judge initially dismissed [name removed]'s lawsuit when the hospital revealed that there was no HIV present in the splashed liquid. A three-judge panel of the Court of Appeals ruled to allow [name removed] a jury trial because New Mexico law no longer requires a plaintiff to prove that the defendant's actions created actual danger or physical impact. The panel determined that [name removed]'s allegations stated a cause for negligent infliction of emotional distress.

La satira e la storia delle emozioni. Una relazione privilegiata?

Directory of Open Access Journals (Sweden)

Dario Pasquini

2012-10-01

Full Text Available The present essay discusses interpretations of satire offered by different disciplines. Furthermore it hypothesizes that both verbal and visual satirical texts provide particularly useful evidences of the emotions related to a certain historical period or a certain context. The author analyzes sources from the satirical press, which has been the subject of his PhD research, and from the current affairs in order to proof the abovementioned hypothesis. Examples include articles and cartoons from satirical periodicals of the 1940s such as «Il Bertoldo», which was published in Milan, and «Ulenspiegel», which was published in Berlin. Furthermore the author analyzes comments posted by readers of on-line newspapers in relation to the recent lawsuit taken by Pope Benedict XVI against the German satirical magazines «Titanic».

What to expect from Obamacare

Directory of Open Access Journals (Sweden)

Robbins RA

2013-01-01

Full Text Available Overall it appears that the ACA will have minimal impact on its goals of expanding care to the poor, reducing costs or improving care for the foreseeable future. It will likely continue to cost shift reimbursement away from physicians while costs continue to rise. Almost certainly it will be entangled in political bickering, eligibility challenges and lawsuits reducing many of the benefits of the law. However, we can probably be assured that CMS will continue to rely on inaccurately reported data, quickly declare their programs successful and stay their course, despite the programs doing little to nothing for patients. When their programs focus on outcomes such as mortality, morbidity, length of stay and readmission rates, real progress can be made in improving patient care rather than “spinning” dubious results.

Informed Consent Obtainment, Malpractice Litigation, and the Potential Role of Shared Decision Making Approaches

DEFF Research Database (Denmark)

Birkeland, Søren

2015-01-01

of the iceberg as lack of patient ‘ownership’ of the DM is not always exposed or may be explicated otherwise (alleged substandard behavior or surgery etc). SDM approaches possibly may sometimes prevent IC duty breaches, assist documenting the DM process, and reduce litigation occurrence.......Internationally, there is increasing recognition of Shared Decision Making (SDM) and Decision Aids (DAs) as measures to increase patient involvement in – and satisfaction with - decision making (DM), improve health care communication, and address bioethical autonomy principles and informed consent...... search term ‘consent’; 15th May 2015). Among 3291 lawsuits, 229 with explicit IC judgments were found. They mostly concerned the hospital sector (179; 78%) and commonly involved surgery (69), gyn/obstetrics (33), and gen. medicine (20; incl, eg, cardiology). 21 affected minor patients and 36 were cancer...

Ontario Interns Fight Back: Modes of Resistance Against Unpaid Internships

Directory of Open Access Journals (Sweden)

William Webb

2015-09-01

Full Text Available In this article I report on three ways that interns and those sympathetic to their plight are opposing unpaid internships, focusing on the Canadian province of Ontario as a case. First, I analyze the ways that interns engage in social activism to raise awareness about problems with unpaid internships. Second, I examine several lawsuits that interns have waged against companies in an attempt to secure back pay. Third, I analyze the Ontario Ministry of Labour’s response to the growing concerns surrounding unpaid internships, and recent proposals that aim to strengthen governmental regulations. Arguing that possibilities for change have arisen largely due to the efforts of interns themselves, I conclude each section by noting some of the strengths and limitations afforded by each type of resistance.

Failure to exercise due diligence costs plaintiff her suit.

Science.gov (United States)

1997-11-28

The Mississippi State Supreme Court affirmed a lower court ruling dismissing a last-minute suit filed by a plaintiff against United Blood Services of Mississippi and the American Association of Blood Banks. A woman known as D. Doe was a recipient of a tainted transfusion. She contracted HIV in 1983 and died of AIDS-related causes in 1991. Her daughter, the plaintiff, filed a contaminated blood transfusion lawsuit just five days before the statute of limitations ran out but failed to ascertain the correct identity of the blood bank. She named two blood banks in her suit because she was unable to determine the source of the blood. The Supreme Court ruled that waiting until five days before the statute elapsed indicated that the plaintiff did not exercise reasonable diligence within a specific time frame.

What we know now: the Evanston Illinois field lineups.

Science.gov (United States)

Steblay, Nancy K

2011-02-01

A Freedom of Information Act lawsuit secured 100 eyewitness identification reports from Evanston, Illinois, one of three cities of the Illinois Pilot Program. The files provide empirical evidence regarding three methodological aspects of the Program's comparison of non-blind simultaneous to double-blind sequential lineups. (1) A-priori differences existed between lineup conditions. For example, the simultaneous non-blind lineup condition was more likely to involve witnesses who had already identified the suspect in a previous lineup or who knew the offender (non-stranger identifications), and this condition also entailed shorter delays between event and lineup. (2) Verbatim eyewitness comments were recorded more often in double-blind sequential than in non-blind simultaneous lineup reports (83% vs. 39%). (3) Effective lineup structure was used equally in the two lineup conditions.

Doctors, apologies, and the law: an analysis and critique of apology laws.

Science.gov (United States)

Wei, Marlynn

2007-01-01

This Article analyzes and critiques apology laws, their potential use, and effectiveness, both legally and ethically, in light of the strong professional norms that shape physicians' reaction to medical errors. Physicians are largely reluctant to disclose medical errors to patients, patients' families, and even other physicians. Some states have passed so-called apology laws in order to encourage physicians to disclose medical errors to patients. Apology laws allow defendants to exclude statements of sympathy made after accidents from evidence in a liability lawsuit. This Article examines potential barriers to physicians' disclosure of medical mistakes and demonstrates how the underlying problem may actually be rooted in professional norms-norms that will remain outside the scope of law's influence. The Article also considers other legal and policy changes that could help to encourage disclosure.

Proposed actions for the US Food and Drug Administration to implement to minimize adverse effects associated with energy drink consumption.

Science.gov (United States)

Thorlton, Janet; Colby, David A; Devine, Paige

2014-07-01

Energy drink sales are expected to reach $52 billion by 2016. These products, often sold as dietary supplements, typically contain stimulants. The Dietary Supplement Protection Act claims an exemplary public health safety record. However, in 2011 the number of emergency department visits related to consumption of energy drinks exceeded 20,000. Nearly half of these visits involved adverse effects occurring from product misuse. Political, social, economic, practical, and legal factors shape the landscape surrounding this issue. In this policy analysis, we examine 3 options: capping energy drink caffeine levels, creating a public education campaign, and increasing regulatory scrutiny regarding the manufacture and labeling of energy drinks. Increased regulatory scrutiny may be in order, especially in light of wrongful death lawsuits related to caffeine toxicity resulting from energy drink consumption.

Rocky Flats cleanup receives new deadline

International Nuclear Information System (INIS)

Anon.

1993-01-01

The Rocky Flats nuclear weapon plant near Denver narrowly missed a court-ordered shutdown of virtually all cleanup activities when it failed to meet an Aug. 22 deadline for a state permit to store mixed radioactive and hazardous wastes on site. US District Court Judge Lewis Babcock granted a 90-day stay of contempt charges against the US Dept. of Energy, but left open the possibility of civil penalties under the Resource Conservation and Recovery Act. DOE's problems stem from a lawsuit the Sierra Club won two years ago in which Babcock gave Rocky Flats until Aug. 22 to obtain a RCRA permit or interim status from Colorado to store 600 cu yd of mixed wastes. If DOE failed to do so, the court said it could not generate further hazardous wastes at the site

Lab architecture

Science.gov (United States)

Crease, Robert P.

2008-04-01

There are few more dramatic illustrations of the vicissitudes of laboratory architecturethan the contrast between Building 20 at the Massachusetts Institute of Technology (MIT) and its replacement, the Ray and Maria Stata Center. Building 20 was built hurriedly in 1943 as temporary housing for MIT's famous Rad Lab, the site of wartime radar research, and it remained a productive laboratory space for over half a century. A decade ago it was demolished to make way for the Stata Center, an architecturally striking building designed by Frank Gehry to house MIT's computer science and artificial intelligence labs (above). But in 2004 - just two years after the Stata Center officially opened - the building was criticized for being unsuitable for research and became the subject of still ongoing lawsuits alleging design and construction failures.

An introduction to medical malpractice in the United States.

Science.gov (United States)

Bal, B Sonny

2009-02-01

Medical malpractice law in the United States is derived from English common law, and was developed by rulings in various state courts. Medical malpractice lawsuits are a relatively common occurrence in the United States. The legal system is designed to encourage extensive discovery and negotiations between adversarial parties with the goal of resolving the dispute without going to jury trial. The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages. Money damages, if awarded, typically take into account both actual economic loss and noneconomic loss, such as pain and suffering.

Radiation risks revisited

International Nuclear Information System (INIS)

Ackland, L.

1993-01-01

The Stewart team's findings are based on previously restricted Hanford data that the U.S. Dept. of Energy began releasing in 1990 to settle a lawsuit filed by the Three Mile Island Public Health Fund. The records include those of the 7,342 workers who died before 1987 and were employed at the plant between 1944 and 1978. These workers were among more than 35,000 men and women whose radiation doses were measured by film-badge monitoring during this period. According to contemporary radiation standards, these recorded exposures were safe. But Stewart and Kneale, using a new technique to more effectively isolate occupational doses from other causes of cancer, have calculated that approximately 3 percent of the 1,732 cancer deaths in the group resulted from work-place radiation exposure

Mediating environmental disputes

Energy Technology Data Exchange (ETDEWEB)

Lake, L.M.

1977-09-01

Environmental disputes and lawsuits are examined. Site-specific disputes focus on visible physical phenomena, such as a power plant or local river, and have an immediacy and intensity about them that make it politically hazardous for public officials to assume responsibility for resolving them. As new precedents in environmental case law become less frequent and the number of disputes increases, alternative processes for environmental conflict resolution, such as third-party intervention, become appropriate. Third-party intervention techniques of fact finding, conflict avoidance, conciliation and mediation have been applied to international, labor, prison, school, racial, and hospital disputes. Underlying concepts are described. Two case studies, the Snoqualmie Dam dispute in Washington and the West Side Highway dispute in New York City, illustrate the basic elements associated with third-party intervention. 1 map, 17 references.

Analysis of the Psychometric Properties of a Parental Alienation Scale

Directory of Open Access Journals (Sweden)

Paula Inez Cunha Gomide

Full Text Available Abstract The development of forensic evaluation scales is fundamental. This study's purpose was to explore the psychometric properties of a parental alienation scale. Forensic technicians completed 193 scales concerning parents involved in a lawsuit: 48 families with at least one parent indicated as the alienator (group A and 48 families with no parental alienation claim (group B. The scale consisted of five categories and 69 items: denying access to the child; derogatory comparisons; emotional manipulation; behavior of parent and child during assessment. The results show Cronbach's alpha = .965 and split-half = .745; KMO = .884 and Bartlett's sphericity test ( p < .001. Concurrent criterion validity applied to data showed that the scale is able to distinguish between the alienator and target parent. The results showed significant and consistent standards in the instrument's psychometric characteristics.

Alternative dispute resolution of medical-legal issues.

Science.gov (United States)

Barton, H M

1991-02-01

Even the most casual observer of medical-legal litigation knows that such disputes take a long time to resolve, cost too much, and often leave parties no better off than before. Litigation also has deleterious effects where the parties have an ongoing relationship outside the courtroom. Such problems plague all litigation, however, and have prompted courts and legislatures to explore alternatives to the traditional means of solving private disputes through the filing and trial of lawsuits. In Texas, this effort resulted in the 1989 passage of the Texas Alternative Dispute Resolution Act (Texas ADR Act), which declares a state policy encouraging "the peaceable resolution of disputes....and the early settlement of pending litigation through voluntary settlement procedures" (1). This article examines alternative dispute resolution methods and explores their application to medical-legal issues.

Karoshi Related to Labor Intensity and Risk of Cardiovascular Events: A Case Report.

Science.gov (United States)

Liu, Ning-guo; Wang, Tao; Huang, Pingf; Qing, Zhi-qiang; Zhang, Jian-hua; Chen, Yi-jiu

2015-10-01

Karoshi remains one of the most troublesome issues in forensic identification. It is rather a social medicine than a clinical disease. Japanese scholars pioneered examining the relation between sud- den cardiac death (SCD) and chronic fatigue from long time and/or high-tension work. In the current case, a 55-year-old man, whose job was loading and carrying heavy cement bags, was found dead after 11 days of continuous hard work. His family members sued the cement factory for his death and claimed for compensation. The problem was the difficulty of identifying the causative relation without the precedent or the relevant regulations. However, the forensic problems were finally acknowledged after autopsy and calculation of labor intensity. The lawsuit was won as the first case pertaining to Karoshi in the Chinese court.

Legal problems of doing business with foreign energy cartels

International Nuclear Information System (INIS)

Sayler, R.H.

1983-01-01

This paper focuses on the uranium cartel - or marketing arrangement as its admitted participants styled it. The clash between US antitrust laws and cartels that fix prices is examined with particular emphasis on the uranium antitrust litigation and on a US antitrust lawsuit in which the courts rejected an attack on OPEC's price-fixing and output-limitation activities. Basic legal principles pertaining to this type of litigation are explained. Even more specialized defenses are available to complicate the litigation when foreign governments are involved with the cartel: sovereign immunity, act of state, and foreign governmental compulsion. It is concluded that antitrust litigation against a foreign cartel is not impossible, but it may be unwise in the long run if it precipitates an international reversion to protectionism. 35 references

Costs of denied health care services and of the lawsuits filed to obtain them in Medellín, 2009

Directory of Open Access Journals (Sweden)

Emmanuel Nieto L

2011-07-01

Full Text Available Objective: to retrace the legal route of writs for the protection of constitutional rights involving health care services and to determine the cost of such processes and those of the health care services invoked in a sample of such writs taken in Medellín city. Methods: a descriptive study with a qualitative focus for retracing the legal route of the writs, and a quantitative approach for the purpose of cost estimation. The 2009 SOAT (Mandatory Car Insurance fees were used for assessing the cost of the health care services. As for the assessment of the legal costs, we used the micro-costing approach together with the activity-based costing methodology. Results: for each $100 corresponding to the cost of the services denied by the health care services provider, the Medellín judicial system spent around $48 on each legal process. In more than half of the cases, the cost of the legal action was higher than the services’ cost. Discussion: the cost of the legal process involving the writs for the protection of constitutional rights regarding health care services that were filed in the country between 1999 and 2009 could represent 2% of the budget circulating throughout the entire health system. This cost is just a part of the transaction costs generated by the health care services providers’ breach of the social contract established by the Colombian Constitution. Furthermore, in most cases there is also a breach of the private contract between these service providers and the health system users.

The 300 MW THTR nuclear power plant

International Nuclear Information System (INIS)

Hirschfelder, G.

Because of its schedule being prolonged again and again and its price being steadily increased the THTR 300 like the SNR is getting much public attention. Fortunately this fact apart from the financial difficulties of the Federal and State Governments has resulted in all parties involved in design and construction again making extraordinary efforts to complete and successfully bring into operation the THTR 300 within the scheduled time and within the planned cost limit. Within the past year visible progress has been made, convincing licensing authority, assessors, supplier and future owner all together that the THTR 300 can successfully conclude its trial operation after 164 months of construction time in October 1985 according to the planned schedule and with a total cost of 4 billion DM. This naturally assumes that no unexpected delays, especially by the lawsuits filed, will occur. (orig.) [de

“Religious Freedom” as a Tool to Oppress: The Explosion in Religion-Based Attacks on Civil Rights in Litigation

Directory of Open Access Journals (Sweden)

Alex J. Luchenitser

2016-09-01

Full Text Available Over the last half-decade, there has been an explosion in the United States of lawsuits in which claims to religious liberty have been used to justify abridging the civil rights of women, LGBTQ people, and other minorities. This article surveys such litigation in several areas: health-insurance coverage, healthcare services, marriage-related services, employment, and housing. For each area, the article analyzes recent litigation, compares it to earlier activity (if any, and discusses the kinds of arguments that have been made, how courts have responded to them, and how such arguments are likely to fare in the future. The article concludes that the ultimate fate of many of these kinds of cases will likely be determined by who the next member is of a U.S. Supreme Court that is currently split four-four between social liberals and conservatives.

Nursing Students' Use of Electronic and Social Media: Law, Ethics, and E-Professionalism.

Science.gov (United States)

Westrick, Susan J

2016-01-01

This article discusses the promotion of professionalism in nursing students with regard to the use of electronic and social media. Misuse of social media can lead to disciplinary actions and program dismissal for students and to legal actions and lawsuits for nursing programs. Programs are concemed about breaches of patient confidentiality and release of private or inappropriate information that jeopardizes clinical placements and relationships. The American Nurses Association Code of Ethics and National Council of State Boards of Nursing social media guidelines provide a foundation for promoting e-professionalism in students. Recent law cases involving students who were dismissed from nursing programs due to social media misuse are analyzed. Schools need policies that clearly establish expectations and the consequences of misuse of social media platforms. Lessons learned from the legal cases presented provide further guidance for both nursing students and nursing programs.

La scienza nel processo penale: Porto Marghera

Directory of Open Access Journals (Sweden)

Marina de Ghantuz Cubbe

2014-12-01

Full Text Available It was called Morto Marghera. By the beautiful Venice, Porto Marghera has been since 1917 the area where a very important italian industrial development has taken place. It was the industrial estate where for example the Montedison company has empowered itself. The promise of a better future was the reason why a lot of workers and families moved here from all Italy. But after the seventies and the worker’s struggles the expectation moved in tragedy: 157 workers dead, killed by the substance they handled. Porto Marghera’s history shifts through a lawsuit in which the “truth” of scientific evidence risks to crush the justice and italian laws. In an interview Gianfranco Bettin recall the process: “it’s impossible to absolve who, knowing that workers were exposed to lethal effects, has hid”.

Critical Evaluation of the Implementation of Mitigation Options for Phosphorus from Field to Catchment Scales

DEFF Research Database (Denmark)

O. Maguire, Rory; Rubæk, Gitte Holton; E. Haggard, Brian

2009-01-01

management practices are starting to have an effect on P losses from agriculture, but water quality has only improved slightly. Impairment to the supply of drinking water to the City of Tulsa Oklahoma led to a lawsuit that has greatly affected the management of poultry litter in the supplying watershed......Received for publication December 19, 2007. Nutrient regulations have been developed over the past decades to limit anthropogenic inputs of phosphorus (P) to surface waters. All of the regulations were promulgated in response to decreased water quality, which was at least partially associated...... with agricultural non-point source pollution. Improvements in water quality can take years, so the impacts of these regulations on water quality can not always be seen. Denmark has had nutrient management regulations aimed at achieving mass balance of P for 20 yr, and although great progress has been made...

Insurance and nuclear power

International Nuclear Information System (INIS)

Whipple, C.

1985-01-01

The Price-Anderson Act is discussed, which establishes procedures for insuring nuclear facilities (including nuclear power plants). The act was enacted with the dual purpose of protecting the public and encouraging the development of a private nuclear energy industry. Criticisms that can generally be grouped into four categories regarding the Act are presented, the most controversial aspect being that should an accident occur, the aggregate liability of the reactor operator, the NRC, or any others who might be at fault is limited to $560 million. Lawsuits for amounts in excess of $560 million are prohibited. The 1975 renewal of the Price-Anderson Act does provide that damages in excess of the $560 million prompt Congress to review the particular incident and take action to protect the public from the consequences of a disaster of such magnitude

Canadian Gas Association position paper on year 2000 update - November 1998

International Nuclear Information System (INIS)

Goard, R.C.

1998-01-01

An update to the response of the Canadian Gas Association (CGA) addressing the year 2000 (Y2K) problem is provided. CGA's Y2K Task Force consists of senior management as well as working committees of Y2K project managers, business continuity planners and multi-disciplinary resources from major member companies. The mandate of the Task Force is to collaborate and communicate on identifying and mitigating the technical, financial, legal and resource risks associated with Y2K, however, each member company is responsible for its own risk mitigation, compliance and contingency plans. CGA favours tax incentives to companies to encourage investment in Y2K remediation efforts. It also favours legislation that would reduce the risk of lawsuits for small, medium and large enterprises who are conscientiously working toward a solution. 3 refs

Biological drugs for the treatment of psoriasis in a public health system

Directory of Open Access Journals (Sweden)

Luciane Cruz Lopes

2014-08-01

Full Text Available OBJECTIVE To analyze the access and utilization profile of biological medications for psoriasis provided by the judicial system in Brazil. METHODS This is a cross-sectional study. We interviewed a total of 203 patients with psoriasis who were on biological medications obtained by the judicial system of the State of Sao Paulo, from 2004 to 2010. Sociodemographics, medical, and political-administrative characteristics were complemented with data obtained from dispensation orders that included biological medications to treat psoriasis and the legal actions involved. The data was analyzed using an electronic data base and shown as simple variable frequencies. The prescriptions contained in the lawsuits were analyzed according to legal provisions. RESULTS A total of 190 lawsuits requesting several biological drugs (adalimumab, efalizumab, etanercept, and infliximab were analyzed. Patients obtained these medications as a result of injunctions (59.5% or without having ever demanded biological medication from any health institution (86.2%, i.e., public or private health services. They used the prerogative of free legal aid (72.6%, even though they were represented by private lawyers (91.1% and treated in private facilities (69.5%. Most of the patients used a biological medication for more than 13 months (66.0%, and some patients were undergoing treatment with this medication when interviewed (44.9%. Approximately one third of the patients discontinued treatment due to worsening of their illness (26.6%, adverse drug reactions (20.5%, lack of efficacy, or because the doctor discontinued this medication (13.8%. None of the analyzed medical prescriptions matched the legal prescribing requirements. Clinical monitoring results showed that 70.3% of the patients had not undergone laboratory examinations (blood work, liver and kidney function tests for treatment control purposes. CONCLUSIONS The plaintiffs resorted to legal action to get access to biological

Biological drugs for the treatment of psoriasis in a public health system

Science.gov (United States)

Lopes, Luciane Cruz; Silveira, Miriam Sanches do Nascimento; de Camargo, Iara Alves; Barberato, Silvio; Del Fiol, Fernando de Sá; Osorio-de-Castro, Claudia Garcia Serpa

2014-01-01

OBJECTIVE To analyze the access and utilization profile of biological medications for psoriasis provided by the judicial system in Brazil. METHODS This is a cross-sectional study. We interviewed a total of 203 patients with psoriasis who were on biological medications obtained by the judicial system of the State of Sao Paulo, from 2004 to 2010. Sociodemographics, medical, and political-administrative characteristics were complemented with data obtained from dispensation orders that included biological medications to treat psoriasis and the legal actions involved. The data was analyzed using an electronic data base and shown as simple variable frequencies. The prescriptions contained in the lawsuits were analyzed according to legal provisions. RESULTS A total of 190 lawsuits requesting several biological drugs (adalimumab, efalizumab, etanercept, and infliximab) were analyzed. Patients obtained these medications as a result of injunctions (59.5%) or without having ever demanded biological medication from any health institution (86.2%), i.e., public or private health services. They used the prerogative of free legal aid (72.6%), even though they were represented by private lawyers (91.1%) and treated in private facilities (69.5%). Most of the patients used a biological medication for more than 13 months (66.0%), and some patients were undergoing treatment with this medication when interviewed (44.9%). Approximately one third of the patients discontinued treatment due to worsening of their illness (26.6%), adverse drug reactions (20.5%), lack of efficacy, or because the doctor discontinued this medication (13.8%). None of the analyzed medical prescriptions matched the legal prescribing requirements. Clinical monitoring results showed that 70.3% of the patients had not undergone laboratory examinations (blood work, liver and kidney function tests) for treatment control purposes. CONCLUSIONS The plaintiffs resorted to legal action to get access to biological medications

Court decisions on medical malpractice.

Science.gov (United States)

Knaak, Jan-Paul; Parzeller, Markus

2014-11-01

Recent studies on court cases dealing with medical malpractice are few and far between. This retrospective study, therefore, undertakes an analysis of medical malpractice lawsuits brought before regional courts in two judicial districts of the federal state of Hesse. Over a 5-year period (2006-2010), 232 court decisions on medical malpractice taken by the regional courts (Landgericht) of Kassel and Marburg were evaluated according to medical discipline, diagnosis, therapy, relevant level of care, charge of neglect of duty by the claimant party, outcome of the lawsuit, and further criteria. With certain overlaps, the disciplines most frequently confronted with claims of medical malpractice were accident surgery and orthopedics (30.2%; n = 70), dentistry (16.4%; n = 38), surgery (12.1%; n = 28), and gynecology and obstetrics (7.8%; n = 18), followed by the remaining medical disciplines (38.8%; n = 90). Malpractice allegations were brought against the practice-based sector in 35.8 % (n = 83) of cases, the hospital-based sector in 63.3% (n = 147) of cases, and other sectors in 0.9% (n = 2) of cases. The allegation grounds included false administration of treatment (67.2%; n = 156), false indication of treatment (37.1%; n = 86), false diagnosis (31.5%; n = 73), and/or organizational negligence (13.8%; n = 32). A breach of duty to inform was given as grounds for the claim in 38.8% (n = 90) of cases. A significant majority of 65.6% (n = 152) of cases ended in a court settlement. Of the cases, 18.9% (n = 44) were concluded by claim withdrawal, 11.2% (n = 26) by claim dismissal and 2.6% (n = 6) by criminal sentence. Of the cases, 1.7% (n = 4) were for purposes of securing evidence. Although there was no conclusive evidence of malpractice, two thirds of the cases ended in a court settlement. On the one hand, this outcome reduces the burden on the courts, but on the other, it can in the long term give

Use of Performance Assessment in Support of Waste Isolation Pilot Plant (WIPP) Programmatic Activity Planning

International Nuclear Information System (INIS)

BASABILVAZO, GEORGE; JOW, HONG-NIAN; LARSON, KURT W.; MARIETTA, MELVIN G.

1999-01-01

The Waste Isolation Pilot Plant (WIPP) is being developed by the U.S. Department of Energy (DOE) for the geologic (deep underground) disposal of transuranic (TRU) waste. A Compliance Certification Application (CCA) of the WIPP for such disposal was submitted to the U.S. Environmental Protection Agency (EPA) in October 1996, and was approved by EPA in May 1998. In June 1998, two separate, but related, lawsuits were filed, one against DOE and one against EPA. On March 22, 1999, the court ruled in favor of DOE, and on March 26, 1999, DOE formally began disposal operations at the WIPP for non-mixed (non-hazardous) TRU waste. Before the WIPP can begin receiving mixed (hazardous) TRU waste, a permit from the State of New Mexico for hazardous waste disposal needs to be issued. It is anticipated that the State of New Mexico will issue a hazardous waste permit by November 1999. It is further anticipated that the EPA lawsuit will be resolved by July 1999. Congress (Public Law 102-579, Section 8(f)) requires the WIPP project to be recertified by the EPA at least as frequently as once every five years from the first receipt of TRU waste at the WIPP site. As part of the DOE's WIPP project recertification strategy, Sandia National Laboratories (SNL) has used systems analysis and performance assessment to prioritize its scientific and engineering research activities. Two 1998 analyses, the near-field systems analysis and the annual sensitivity analysis, are discussed here. Independently, the two analyses arrived at similar conclusions regarding important scientific activities associated with the WIPP. The use of these techniques for the recent funding allocations at SNL's WIPP project had several beneficial effects. It increased the level of acceptance among project scientists that management had fairly and credibly compared alternatives when making prioritization decisions. It improved the ability of SNL and its project sponsor, the Carlsbad Area Office of the DOE, to

[Current issues in legal cases of compensation for healthcare malpractice].

Science.gov (United States)

Heiner, Tamás; Barzó, Tímea

2014-09-21

The number of medical malpractice lawsuits filed each year in Hungary has considerably increased since 1990. The judicial decisions and practices on determining and awarding wrongful damages recoverable for medical malpractices in the Hungarian civil law have been developing for decades. In the meantime, a new Hungarian Civil Code (Act V of 2013) has entered into force, which among others, necessitates the revaluation of assessment of damages recoverable for medical malpractices. There are two main areas where fundamental changes have been introduced, which may significantly affect the outcome of medical malpractice lawsuits in the future. In the early stage of medical malpractices it was unclear whether the courts had to consider either the contractual relationship between patients and healthcare providers (contractual liability) or general codal articles on damages arising from non-contractual liability/torts (delictual liability) in their judgement delivered in the cases. Both the theoretical and practical experience of the last ten years shows that healthcare services agreements are concluded between healthcare providers and patients with the aim and intention to provide appropriate professional healthcare services to patients, which meet patients' interests and wishes. The medical service is violated if it fails to meet patients' interests and wishes as well as the objectives of the agreement. Since the new legislation implies a stricter liability for damages in the case of breach of contract and stricter rules for exempting the party in breach from compensation obligations, the opportunities to exempt healthcare providers from these obligations have become limited compared to previous regulations. This modification, which was aimed at further integrating the established judicial practices into legislation, stipulates the application of the rules for liability for damages resulting from medical malpractice in non-contractual situations. This paper analyses

The catastrophic collapse of morale among hospital physicians in Japan

Directory of Open Access Journals (Sweden)

Hideo Yasunaga

2008-11-01

Full Text Available Hideo YasunagaDepartment of Health Management and Policy, Graduate School of Medicine, University of Tokyo, Tokyo, JapanAbstract: The past few decades have witnessed bleak pictures of unhappy physicians worldwide. Japanese physicians working in hospitals are particularly distressed. Today, Japan’s healthcare system is near collapse because physicians are utterly demoralized. Their loss of morale is due to budget constraints, excessive demands, physician shortages, poor distribution, long working hours, hostile media, increasing lawsuits, and violence by patients. Severe cost-saving policies, inadequate distribution of healthcare resources, and the failure to communicate risks has damaged physicians’ morale and created conflicts between physicians and society. Physicians should communicate the uncertainty, limitations, and risks of modern medicine to all members of society. No resolution can be achieved unless trust exists between physicians, patients, the public, the media, bureaucrats, politicians and jurists.Keywords: physician’s morale, physician shortages, overwork, health policy

Testing the Immunity of the Firearm Industry to Tort Litigation.

Science.gov (United States)

Studdert, David M; Donohue, John J; Mello, Michelle M

2017-01-01

In the absence of congressional action to reinstate the federal ban on assault weapons, tort litigation offers an alternative strategy for regulating what have become the weapons of choice in mass shootings. However, opportunities to bring successful claims are limited. To prevail, plaintiffs must show that their suit fits within exceptions to the broad immunity from tort actions that Congress gave the firearm industry in the 2005 Protection of Lawful Commerce in Arms Act. In one particularly high-profile lawsuit, families of victims of the school shooting in Newtown, Connecticut, in 2012 sued the makers and sellers of the military-style rifle used in the attack, alleging negligence and deceptive marketing. The trial court dismissed the case on October 14, 2016, but the plaintiffs plan to appeal. We review the history of tort litigation against the firearm industry, outline the Newtown families' claims, and describe the decision.

[Expertise test in the new Civil Prosecution Law (Law 1/2000)].

Science.gov (United States)

Laborda Calvo, E

2004-12-01

Expertise test was the object of many controversies in the previous Civil Prosecution Law (CPL) from the way of naming the experts to the difficulties in the receiving payment. The new CPL uses the social process as model and provides civil justice with an agile and guaranteeing procedure. The CPL provides the expert test with a greater amplitude and new range, and should be used at the time of the lawsuit and openly seen. The experts should assume the defense of their arguments and be subjected to the objections of the contrary party. The expert's test becomes a mixed documental and personal test. It also modifies the way of naming the experts and the acceptance that may condition the allocation of funds in the amount considered necessary. The objection is limited to the experts named judicially, it being possible to eliminate them, however, the reason for it should be justified.

Low-Level Waste Forum notes and summary reports for 1994. Volume 9, Number 3, May-June 1994

Energy Technology Data Exchange (ETDEWEB)

NONE

1994-06-01

This issue includes the following articles: Vermont ratifies Texas compact; Pennsylvania study on rates of decay for classes of low-level radioactive waste; South Carolina legislature adjourns without extending access to Barnwell for out-of-region generators; Southeast Compact Commission authorizes payments for facility development, also votes on petitions, access contracts; storage of low-level radioactive waste at Rancho Seco removed from consideration; plutonium estimates for Ward Valley, California; judgment issued in Ward Valley lawsuits; Central Midwest Commission questions court`s jurisdiction over surcharge rebates litigation; Supreme Court decides commerce clause case involving solid waste; parties voluntarily dismiss Envirocare case; appellate court affirms dismissal of suit against Central Commission; LLW Forum mixed waste working group meets; US EPA Office of Radiation and Indoor Air rulemakings; EPA issues draft radiation site cleanup regulation; EPA extends mixed waste enforcement moratorium; and NRC denies petition to amend low-level radioactive waste classification regulations.

Ouvrir la porte à des pratiques euthanasiques? Pas aussi simple que les Rapports de la Société royale, du Barreau du Québec et de la Commission spéciale sur le mourir dans la dignité le laissent croire

Directory of Open Access Journals (Sweden)

Saint-Arnaud, Jocelyne

2013-06-01

Full Text Available The Royal Society of Canada, the Bar of Quebec and the Special Commission on Dying with Dignity took position in favour of voluntary euthanasia. The Quebec government has prepared a draft bill in which voluntary euthanasia can be considered as an option in end-of-life care. This bill aims to define regulatory guidelines that, if followed, will protect medical doctors from lawsuits. The main argument supporting this project is based on respect for autonomy. This article argues that other values, such as pursuit of the common good, ought also to be taken into account. This article describes the experience of the Netherlands to show that a slippery slope is possible and that legal measures do not necessarily bring more transparency in medical practices concerning euthanasia. Prudence requires that adequate palliative care be accessible for all before defining legal measures on voluntary euthanasia.

Low-Level Waste Forum notes and summary reports for 1994. Volume 9, Number 3, May-June 1994

International Nuclear Information System (INIS)

1994-06-01

This issue includes the following articles: Vermont ratifies Texas compact; Pennsylvania study on rates of decay for classes of low-level radioactive waste; South Carolina legislature adjourns without extending access to Barnwell for out-of-region generators; Southeast Compact Commission authorizes payments for facility development, also votes on petitions, access contracts; storage of low-level radioactive waste at Rancho Seco removed from consideration; plutonium estimates for Ward Valley, California; judgment issued in Ward Valley lawsuits; Central Midwest Commission questions court's jurisdiction over surcharge rebates litigation; Supreme Court decides commerce clause case involving solid waste; parties voluntarily dismiss Envirocare case; appellate court affirms dismissal of suit against Central Commission; LLW Forum mixed waste working group meets; US EPA Office of Radiation and Indoor Air rulemakings; EPA issues draft radiation site cleanup regulation; EPA extends mixed waste enforcement moratorium; and NRC denies petition to amend low-level radioactive waste classification regulations

Legal terms in general dictionaries of English: The civil procedure mystery

DEFF Research Database (Denmark)

Nielsen, Sandro

2015-01-01

examines four general dictionaries of English to see how they treat civil procedure terms used in England and Wales in the light of the change of structure of and terminology used in civil proceedings that took place in 1999. Despite being based on large, up-to-date corpora the dictionaries contain some......Many general language dictionaries contain specialized terms, including legal terms relating to civil lawsuits. The existing literature provides general discussions of scientific and technical terms in ordinary dictionaries but does not specifically address the inclusion of legal terms. This study...... of the old terms but fail to include the new terms that have been in use for more than 15 years. Why this is the case is a mystery. However, some clues indicate that if they pay more attention to the link between dictionary functions, corpora and the data presented in dictionaries, lexicographers may be able...

Integration of Value Stream Map and Healthcare Failure Mode and Effect Analysis into Six Sigma Methodology to Improve Process of Surgical Specimen Handling.

Science.gov (United States)

Hung, Sheng-Hui; Wang, Pa-Chun; Lin, Hung-Chun; Chen, Hung-Ying; Su, Chao-Ton

2015-01-01

Specimen handling is a critical patient safety issue. Problematic handling process, such as misidentification (of patients, surgical site, and specimen counts), specimen loss, or improper specimen preparation can lead to serious patient harms and lawsuits. Value stream map (VSM) is a tool used to find out non-value-added works, enhance the quality, and reduce the cost of the studied process. On the other hand, healthcare failure mode and effect analysis (HFMEA) is now frequently employed to avoid possible medication errors in healthcare process. Both of them have a goal similar to Six Sigma methodology for process improvement. This study proposes a model that integrates VSM and HFMEA into the framework, which mainly consists of define, measure, analyze, improve, and control (DMAIC), of Six Sigma. A Six Sigma project for improving the process of surgical specimen handling in a hospital was conducted to demonstrate the effectiveness of the proposed model.

Creditors’ claims in bankruptcy proceedings - issues and concerns

Directory of Open Access Journals (Sweden)

Viktor Palić

2013-12-01

Full Text Available A generally accepted rule in the bankruptcy law is that a bankruptcy creditor can file a claim against the debtor only in bankruptcy proceedings. This rule has a legal effect. If the creditor’s claim in the bankruptcy proceeding has not been disputed, the creditor is not able to instigate legal and execution proceedings. Obviously, this applies to financial claims. However, it is not clear whether the above can be applied when the claim is not financial but when it concerns a request for the nullification of a contract. It is of particular interest whether such a request can be made by a counterclaim against the debtor in an ordinary judicial proceeding or only in bankruptcy proceedings. Using a practical example, the authors concluded that it is possible for a creditor to make a request for the nullification of a contract by a counterclaim in a civil lawsuit.

Administrative compensation for medical injuries: lessons from three foreign systems.

Science.gov (United States)

Mello, Michelle M; Kachalia, Allen; Studdert, David M

2011-07-01

The United States requires patients injured by medical negligence to seek compensation through lawsuits, an approach that has drawbacks related to fairness, cost, and impact on medical care. Several countries, including New Zealand, Sweden, and Denmark, have replaced litigation with administrative compensation systems for patients who experience an avoidable medical injury. Sometimes called "no-fault" systems, such schemes enable patients to file claims for compensation without using an attorney. A governmental or private adjudicating organization uses neutral medical experts to evaluate claims of injury and does not require patients to prove that health care providers were negligent in order to receive compensation. Information from claims is used to analyze opportunities for patient safety improvement. The systems have successfully limited liability costs while improving injured patients' access to compensation. American policymakers may find many of the elements of these countries' systems to be transferable to demonstration projects in the U.S.

Analysis of the tobacco industry’s interference in the enforcement of health warnings on tobacco products in Brazil

Directory of Open Access Journals (Sweden)

Cristina de Abreu Perez

2017-10-01

Full Text Available Abstract: This article aims to analyze the relationship between the Brazilian government’s adoption of a regulatory measure with a strong impact on the population and the opposition by invested interest groups. The methodology involves the analysis of official documents on the enforcement of health warnings on tobacco products sold in Brazil. In parallel, a search was conducted for publicly available tobacco industry documents resulting from lawsuits, with the aim of identifying the industry’s reactions to this process. The findings suggest that various government acts were affected by direct interference from the tobacco industry. In some cases the interventions were explicit and in others they were indirect or difficult to identify. In light of the study’s theoretical framework, the article provides original information on the Brazilian process that can be useful for government policymakers in the strategic identification of tobacco control policies.

Control of decisions in proceedings at administrative courts relating to the Federal Act for Protection Against Nuisances and to the Atomic Energy Law

International Nuclear Information System (INIS)

Sellner, D.

1980-01-01

The author examines especially those lawsuits where the judicial decision depends - among other things - on the prior settling of most difficult technological questions. The decision on Kalkar given by the Federal Court of Justice is so important because it confirms that largely unclear legal terms are unobjectionable from the point of view of constitutional law. Using other findings, the author discusses the extension of legal protection as to include earlier stages of licensing procedures, foreclosure, the tightness of controls in case of review and subsequent assessment of difficult scientific or technological issues, risk assessment and its evaluation by the executive and judiciary. Law leaves final decision and assessment up to the executive power, the review of the framework up to the court. The problems mentioned can be solved without having to set up a science court or to install a judge who is an expert in technologies. (HSCH) [de

Legal claims against Belgian reactors?; Rechtsmittel gegen belgische Reaktoren?

Energy Technology Data Exchange (ETDEWEB)

Raetzke, Christian [CONLAR Consulting on Nuclear Law and Regulation, Leipzig (Germany)

2016-06-15

The Belgian reactors Tihange 2 and Doel 3 have been restarted in November 2015 after the problem of hydrogen flakes in the reactor pressure vessels had been investigated. The permission to restart has been the object both of critical statements by the German Federal Ministry of the Environment (BMUB) and of lawsuits filed with Belgian law courts by a group of German municipalities led by the city of Aachen and by the Land North-Rhine-Westphalia. According to a general principle of the law of nations, a state is not permitted to operate installations near its border, which cause significant environmental damage in a neighbouring state. However, it is not quite clear how this principle applies to the issue of potential accidents of nuclear power plants. According to the author, a tangible threat of an accident is required; mere doubts and concerns about the extent of safety margins are not sufficient.

[Legal and sanitary aspects conditioning access to medicines in Brazilian courts].

Science.gov (United States)

Pandolfo, Mércia; Delduque, Maria Célia; Amaral, Rita Goreti

2012-01-01

The search for having access to health care and medicines right granted through Judicial Courts has increased in Brazil. What has been nominated "health judicialization" is a multidimensional phenomenon, a need for dealing with it in a multidisciplinary way involving legal-judicial, political-institutional and sanitary approaches has raised. The Health is recognized as a fundamental human right in the Brazilian Constitution giving it a different legal protection under the legal-constitutional order and the country guarantees the right to health are not only the Constitution and the law strictly, but mainly in an normative infralegal arc that define the goals and outcomes to be achieved by public policy. The lawsuits by drugs may be a reflection of the difficulty of access to health services, to empty and downgrading of health care. Therefore, this turns out to affect the judicialization of pharmaceutical care in Brazil.

High court asked to review differing definitions of 'disability'.

Science.gov (United States)

1997-02-21

[Name removed] applied for and received Social Security benefits after losing his job at The Disney Stores, Inc. [Name removed], who has AIDS, alleges he was fired in violation of the Americans with Disabilities Act (ADA). The 3rd U.S. Circuit Court of Appeals said [name removed] could not sue [name removed] because of a discrepancy between his statements on the disability application and in the lawsuit. The Court said he had to choose between suing and accepting disability benefits. The court would not accept [name removed]'s argument that the definitions of disability under the Social Security Act and the ADA differed significantly. The U.S. Supreme Court has been asked to overturn this ruling. In a related case, the Michigan Court of Appeals invoked judicial estoppel to bar a worker from suing his employer under the State Handicappers' Civil Rights Act.

ADPF 347 AND THE “UNCONSTITUTIONAL STATE OF AFFAIRS” OF BRAZIL’S PRISON SYSTEM -- ADPF 347 E O “ESTADO DE COISAS INCONSTITUCIONAL” DO SISTEMA PRISIONAL BRASILEIRO

Directory of Open Access Journals (Sweden)

Thiago Luís Santos Sombra

2016-08-01

Full Text Available This essay aims at analyzing the main aspects related to a prison system’s lawsuit judged by the Brazilian Supreme Court in which the “Unconstitutional State of Affairs” adjudication technique was firstly examined. Challenging the base arguments that were presented in the ADPF 347, Justice Rapporteur Marco Aurélio, the article’s purpose is points out that there was not an institutional failure of both Legislative and Executive branches of government in order to justify a structural intervention for overcoming alleged barriers. A parallel with Colombian Supreme Court adjudication practices will be drawn in accordance with the legal transplants theory to understand how Brazil would achieve its reach just importing a structural injunction model that even in Colombia did not work in prisons. Keywords: Unconstitutional State of Affairs. Structural Injunction. ADPF 347. Brazil’s Supreme Court. Colombia’s Supreme Court. Legal Transplants.

Digital radiology

International Nuclear Information System (INIS)

Dallas, W.J.

1990-01-01

Radiology is vital to the life-saving efforts of surgeons and other physicians, but precious time can be lost generating the images and transferring them to and from the operating room. Furthermore, hospitals are straining under the task of storing and managing the deluge of diagnostic films produced every year. A 300-bed hospital generates about 1 gigabyte (8 x 10 9 bits) of picture information every day and is legally bound to hold it for three to seven years--30 years in the case of silicosis or black lung disease, illnesses that may have relevance to future lawsuits. Consequently, hospital warehouses are filling with x-ray film and written reports that are important for analysis of patient histories, for comparison between patients, and for analyzing the progress of disease. Yet only a fraction of the information's potential is being used because access is so complicated. What is more, films are easily lost, erasing valuable medical histories

The law of unintended (financial) consequences: the expansion of HIPAA business associate liability.

Science.gov (United States)

Tomes, Jonathan P

2013-01-01

The recent Omnibus Rule published by the Department of Health and Human Services greatly expanded liability for breaches of health information privacy and security under the HIPAA statute and regulations. This expansion could have dire financial consequences for the health care industry. The Rule expanded the definition of business associates to include subcontractors of business associates and made covered entities and business associates liable for breaches of the entities who perform a service for them involving the use of individually identifiable health information under the federal common law of agency. Thus, if a covered entity or its "do wnstream" business associate breaches security or privacy, the covered entity or "upstream" business associate may face HIPAA's civil money penalties or a lawsuit. Financial managers need to be aware of these changes both to protect against the greater liability and to plan for the compliance costs inherent in effectively, if not legally, making business associates into covered entities.

The Chernobyl cloud would have stopped at the borders

International Nuclear Information System (INIS)

Schmitt, Pierre

2006-01-01

The author proposes a retrospective overview and analysis of information published either by involved agencies or by media after the Chernobyl accident about the presence or absence of radioactive fallouts in France. While defending Professor Pellerin, the author acknowledges some mistakes made by authorities in their communication, but also outlines that some realistic and clear information published by the SCPRI or the CIPR have been quickly forgotten by the media. The author analyses the different publications and communiques made by authorities, agencies and media over different periods: from April to May 1986, in 1999 when Professor Pellerin filed a defamation lawsuit against authors of a book, and when an ecologist politician was also sentenced. The author then proposes a discussion of health consequences of Chernobyl in France, and analyses the controversy on this issue during the 1997-2006 period. He comments the content of a report published in March 2006 by the IRSN scientific committee

High-Rise Construction in Densely Dwelled Cities: Requirements for Premises Insolation and Consequences of their Violation in Russian Law and Jurisprudence

Science.gov (United States)

Gongalo, Boris; Gudovicheva, Lubov; Gubareva, Anna; Dobrynina, Larisa

2018-03-01

The issues of constructing high-rise, primarily residential, buildings have a great social significance. Not every plot of land, acquired in the Russian Federation is suitable for high-rise construction. Therefore, every construction company that plans to erect a multi-apartment building, a high-rise office building, or a skyscraper must take into account not only technical norms but as well sanitary legislation regulations that set obligatory requirements about insolation of apartments. The article includes a short study of several norms in the Russian legislation regarding insolation of dwellings; analises the problems of judicial interpretation of the statutory limitations. In this aspect it researches the debatable questions arising in practice of state arbitration courts dealing with the lawsuits on allocation of land-plots by the local administration. The analysis of the judicial practice is followed by description of the difficulties facing the developers of land-plots, concerning the project and territorial planning documentation.

ASPEK HUKUM ZONASI PASAR TRADISIONAL DAN PASAR MODERN

Directory of Open Access Journals (Sweden)

Rahadi Wasi Bintoro

2010-09-01

Full Text Available The existence of traditional markets in urban areas from time to time further increasingly threatened by rampant construction of modern markets. Therefore, in this paper the authors are interested to explore some aspects zoning laws of modern markets and traditional markets. Based on the analysis, zoning traditional markets and modern market is the authority of local governments as stipulated in Presidential Regulation Number 112 Year 2007 concerning Settlement and Development of Traditional, Modern Shopping Centers and who is the embodiment of Law No. 5 Year 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition healthy. If the establishment of a modern market violates the provisions of Law No. 5 Year 1999 and Presidential Decree. 112 Year 1999 will be reported to the KPPU to be examined.In addition, with no establishment of zoning district regulations regarding local government market has resulted in unlawful acts and therefore can be sued by actio popularis lawsuit or citizen law suits.

A CONCEPTUAL APPROACH ON PRESS CONFERENCE

Directory of Open Access Journals (Sweden)

Ioana Olariu

2015-07-01

Full Text Available A press conference is an important tool of public relations. The primary role of public relations is to manage a company’s reputation and help build public consent for its enterprises. The goal of PR is to develop and maintain goodwill with most, if not all, of its publics. Failure to do so may mean loss of customers and revenues, time lost dealing with complaints or lawsuits, and loss of esteem. A company’s publics change constantly. Well-executed public relations is an ongoing process that molds good long-term relationships and plays an important role in relationship marketing and integrated communications. Companies often call press conference when they have significant news to announce, such as the introduction of a new product or advertising campaign. Although used less often by organizations and corporations, this form of delivery can be very effective. The topic must be of major interest to a specific group before it is likely to gain coverage.

Transboundary river basin management in Europe
Legal instruments to comply with European water management obligations in case of transboundary water pollution and floods

Directory of Open Access Journals (Sweden)

Andrea M. Keessen

2008-12-01

Full Text Available Although modern European water policy follows a river basin approach where Member States have to cooperate in order to achieve a ‘good status’ of their water bodies, the obligations arising from the European water directives are to be achieved by each Member State individually. This situation creates problems when water pollution and water quantity problems cross borders. It is still unclear whether Member States can be held responsible for not achieving objectives due to causes (partly originating abroad. This article describes some of the legal instruments that water authorities have at their disposal to comply with the European water management obligations in case of transboundary water pollution and floods and thus shape transboundary river management. The article describes instruments to create, implement and enforce transboundary cooperation, and addresses the possibility of transboundary compensation if cooperation fails. Here, the focus is on a civil lawsuit before a domestic court.

Judicialization of Health Policy in the Definition of Access to Public Goods: Individual Rights versus Collective Rights

Directory of Open Access Journals (Sweden)

Telma Maria Gonçalves Menicucci

2010-06-01

Full Text Available The article analyses a form of judicialization of public policies in the health field. It has as its object lawsuits initiated against Belo Horizonte Municipality arguing for the provision of services or the acquisition of inputs not obtained in the public system via institutional access routes. The argument is that the individualized quest for the guarantee of the right to healthcare via the judicial path is a form of reproduction of the tensions produced in democratic societies between the social and the individual conceptions of citizenship. By ensuring access to goods by means of individual suits, the Judiciary interferes in the making of public choices taken on by public-sector managers, thus regulating opportunities for consumption according to a concentrating logic. And so the assertion of a constitutional right superposes the political right of the majority, represented by the Executive, to make choices as to the goods that are the object of public policies, with a relatively significant financial and budgetary impact.

Integration of Value Stream Map and Healthcare Failure Mode and Effect Analysis into Six Sigma Methodology to Improve Process of Surgical Specimen Handling

Directory of Open Access Journals (Sweden)

Sheng-Hui Hung

2015-01-01

Full Text Available Specimen handling is a critical patient safety issue. Problematic handling process, such as misidentification (of patients, surgical site, and specimen counts, specimen loss, or improper specimen preparation can lead to serious patient harms and lawsuits. Value stream map (VSM is a tool used to find out non-value-added works, enhance the quality, and reduce the cost of the studied process. On the other hand, healthcare failure mode and effect analysis (HFMEA is now frequently employed to avoid possible medication errors in healthcare process. Both of them have a goal similar to Six Sigma methodology for process improvement. This study proposes a model that integrates VSM and HFMEA into the framework, which mainly consists of define, measure, analyze, improve, and control (DMAIC, of Six Sigma. A Six Sigma project for improving the process of surgical specimen handling in a hospital was conducted to demonstrate the effectiveness of the proposed model.

Social media in the healthcare context: Ethical challenges and recommendations

Directory of Open Access Journals (Sweden)

Christoffel Grobler

2016-05-01

Full Text Available The popularity of social media has grown rapidly and healthcare practitioners and students commonly use sites such as Facebook. The ethical and professional implications and their benefits and hazards must be considered. Concerns include blurring of boundaries between an individual’s public and professional lives, maintaining privacy and confidentiality of patient information, damaging the public image of the profession and inter-professional relationships. The same laws that apply to conduct in the real world also apply in cyberspace. Harmful or derogatory posts may result in a defamation lawsuit. The internet may also provide opportunities for patient education through peerreviewed websites and to build professional networks. Institutions should have policies on the uses of social media. Emerging technology will continue to change the landscape of social media and social networking and the way patients and practitioners use websites will continue to evolve. Practitioners should proactively manage digital identity by reviewing publicly available material and maintaining strict privacy settings about their information.

The plight of the not-for-profit.

Science.gov (United States)

Owens, Bramer

2005-01-01

Recent controversies in the hospital sector have questioned whether the levels of charity care, community benefit, and executive compensation provided by not-for-profit hospitals are consistent with mandates of their tax-exempt status and mission statements. This article demonstrates that these recent controversies stem from a combination of historical influences, regulatory inequities, and competitive disadvantages, which are suffocating many not-for-profit hospitals across the nation. Once the current environment is described, the article discusses each threat and offers actionable recommendations to quell current attacks faced by the industry. First, to address the current probe by the Internal Revenue Service, hospitals must begin to link their executive compensation with their organizational mission. Second, to address recent lawsuits, the article presents a standardized definition of community benefit and recommends an alternative model to classify charity care. Finally, to address recent congressional hearings, the article offers a plan for hospitals to gauge their expected benefit to the community they serve.

Human dignity and the future of the voluntary active euthanasia debate in South Africa.

Science.gov (United States)

Jordaan, Donrich W

2017-04-25

The issue of voluntary active euthanasia was thrust into the public policy arena by the Stransham-Ford lawsuit. The High Court legalised voluntary active euthanasia - however, ostensibly only in the specific case of Mr Stransham-Ford. The Supreme Court of Appeal overturned the High Court judgment on technical grounds, not on the merits. This means that in future the courts can be approached again to consider the legalisation of voluntary active euthanasia. As such, Stransham-Ford presents a learning opportunity for both sides of the legalisation divide. In particular, conceptual errors pertaining to human dignity were made in Stransham-Ford, and can be avoided in future. In this article, I identify these errors and propose the following three corrective principles to inform future debate on the subject: (i) human dignity is violable; (ii) human suffering violates human dignity; and (iii) the 'natural' causes of suffering due to terminal illness do not exclude the application of human dignity.

Human dignity and the future of the voluntary active euthanasia debate in South Africa

Directory of Open Access Journals (Sweden)

Donrich W Jordaan

2017-05-01

Full Text Available The issue of voluntary active euthanasia was thrust into the public policy arena by the Stransham-Ford lawsuit. The High Court legalised voluntary active euthanasia – however, ostensibly only in the specific case of Mr Stransham-Ford. The Supreme Court of Appeal overturned the High Court judgment on technical grounds, not on the merits. This means that in future the courts can be approached again to consider the legalisation of voluntary active euthanasia. As such, Stransham-Ford presents a learning opportunity for both sides of the legalisation divide. In particular, conceptual errors pertaining to human dignity were made in Stransham-Ford, and can be avoided in future. In this article, I identify these errors and propose the following three corrective principles to inform future debate on the subject: (i human dignity is violable; (ii human suffering violates human dignity; and (iii the ‘natural’ causes of suffering due to terminal illness do not exclude the application of human dignity.

Borderline personality disorder and related traits in forensic psychiatry.

Science.gov (United States)

Reid, William H

2009-05-01

Persons with borderline personality disorder (BPD) and related traits appear in many forensic psychiatry settings. Their clinical hallmarks affecting judgment, insight, impulsivity, motivations, and regulation of emotions, as well as their frequently chaotic lives (internal and external), inaccurate perceptions, rationalizations, and comorbid syndromes can have a marked effect on many civil, criminal, and institutional (eg, corrections) issues. Individuals with BPD are overrepresented in civil, criminal, and child custody forensic situations. The character psychopathology of these individuals is substantial, but is often not obvious to laypersons, including lawyers, judges, and jurors. The presence of BPD rarely affects basic responsibility for the person's actions, nor does it usually compromise most forms of competency. Function, not diagnosis, is the key arbiter of forensic relevance. BPD is associated with an increase in the likelihood of doctor-patient problems, including patient complaints and lawsuits that may not be deserved. Forensic professionals evaluating persons with BPD and related traits should be aware of personal and professional bias, particularly that associated with true countertransference.

Law of the Energy Regulatory Commission

International Nuclear Information System (INIS)

1995-01-01

This Decree-Law consist of three chapters each on divided in articles and subsections and came into force in November 1 st., 1995. Chapter I, with the heading 'Nature and Powers', defines the Energy Regulatory Commission as a decentralized organ of the Energy Secretariat with technical and operative autonomy in terms of the law, and establish the conditions for the sell, generation, exportation and importation of electricity with destination to particular and public services. The sell transport, storage and distribution of natural gas, as well as the gas liquefied from petroleum are also considered. Chapter II with the heading 'Organization and duties' establish that the Commission is integrated by five Committee, the President included. The Committee members will deliberate in collegiate manner and the decisions are by majority, having the President a vote of quality. Chapter III for 'General provisions' is related to the lawsuits arises between the Commission and the users of services. (Author)

Legal issues relating to the Ontario FIT contract - An update

International Nuclear Information System (INIS)

Weizman, Michael

2011-01-01

The paper discusses the legal issues related to the Ontario FIT contract, which includes the FIT waiver agreement, WTO challenge, FIT extension, political risk assessment and issues related to unforeseen events beyond human control (force majeure). The risk of termination of the FIT waiver is omitted for convenience by OPA but timing implications relating to the FIT waiver are included. The binding agreement for supply of generating equipment is also presented and the term sheet for turbine equipment and bill of purchase being understood as binding agreements is questioned. Political risks relate to existing contracts, lawsuit risks and changes to the REA process. Change in government and the implications of minority government can be added to the political risks. A successful WTO challenge has been assumed and the possible implications are discussed. Some of them include risk to FIT contracts already issued; changes in DC requirements and in FIT contract pricing and re-pricing of construction and turbine equipment supply contracts if DC requirements are relaxed.

WPPSS, now in technical default, moves to mothball nuclear unit 3 amidst opposition

International Nuclear Information System (INIS)

Utroska, D.

1983-01-01

Involved in a number of lawsuits and court challenges, the Washington Public Power Supply System (WPPSS) executive board voted in late May to suspend construction on nuclear unit 3 (underwritten by Bonneville Power Administration) unless additional funding were obtained. (Unit 1 previously was mothballed, and units 4 and 5 are canceled.) WPPSS also failed to pay its $15.6 million May bill to the bond trustee of units 4 and 5. With this monthly amount, the trustee aggregates funds to pay investor's interest of $93.6 million twice a year. Some of the 88 public power participants oppose paying the bond interest of $93.6 million twice a year. Some of the 88 public power participants oppose paying the bond interest and have gone to court. The trustee has been restrained from declaring WPPSS in default. The future of the units will be affected by the Washington Supreme Court decision on the contracts between public utility participants and WPPSS

Outcomes In Two Massachusetts Hospital Systems Give Reason For Optimism About Communication-And-Resolution Programs.

Science.gov (United States)

Mello, Michelle M; Kachalia, Allen; Roche, Stephanie; Niel, Melinda Van; Buchsbaum, Lisa; Dodson, Suzanne; Folcarelli, Patricia; Benjamin, Evan M; Sands, Kenneth E

2017-10-01

Through communication-and-resolution programs, hospitals and liability insurers communicate with patients when adverse events occur; investigate and explain what happened; and, where appropriate, apologize and proactively offer compensation. Using data recorded by program staff members and from surveys of involved clinicians, we examined case outcomes of a program used by two academic medical centers and two of their community hospitals in Massachusetts in the period 2013-15. The hospitals demonstrated good adherence to the program protocol. Ninety-one percent of the program events did not meet compensation eligibility criteria, and those events that did were not costly to resolve (the median payment was $75,000). Only 5 percent of events led to malpractice claims or lawsuits. Clinicians were supportive of the program but desired better communication about it from staff members. Our findings suggest that communication-and-resolution programs will not lead to higher liability costs when hospitals adhere to their commitment to offer compensation proactively. Project HOPE—The People-to-People Health Foundation, Inc.

Helman defends decision to pull VA sponsorship of Veterans day parade

Directory of Open Access Journals (Sweden)

Robbins RA

2013-04-01

Full Text Available No abstract available. Article truncated after 150 words. Sharon Helman, Phoenix VA Director, defended her decision to cancel VA sponsorship of the annual Phoenix Veterans Day Parade in a 4/10/13 email to VA employees. Helman said that VA sponsorship was cancelled because of “…priorities in the organization (specifically access, and heightened awareness over liability concerns which VA Legal Counsel brought forward”. She concluded her letter by warning “… that all media inquiries should be forwarded to Paul Coupaud, Acting Public Affairs Officer”. VA officials initially said fear of litigation prompted the review of VA support. Last year, a float carrying wounded Veterans in a Midland, Texas, parade collided with a freight train, killing four and injuring 17. Crash victims and their families filed lawsuits in Texas against Union Pacific Railroad and the float owner. The VA was not a defendant, and the VA has not issued any national directives on liability as a result of the tragedy.In…

A mapping of information security in health Information Systems in Latin America and Brazil.

Science.gov (United States)

Pereira, Samáris Ramiro; Fernandes, João Carlos Lopes; Labrada, Luis; Bandiera-Paiva, Paulo

2013-01-01

In health, Information Systems are patient records, hospital administration or other, have advantages such as cost, availability and integration. However, for these benefits to be fully met, it is necessary to guarantee the security of information maintained and provided by the systems. The lack of security can lead to serious consequences such as lawsuits and induction to medical errors. The management of information security is complex and is used in various fields of knowledge. Often, it is left in the background for not being the ultimate goal of a computer system, causing huge financial losses to corporations. This paper by systematic review methodologies, presented a mapping in the literature, in order to identify the most relevant aspects that are addressed by security researchers of health information, as to the development of computerized systems. They conclude through the results, some important aspects, for which the managers of computerized health systems should remain alert.

Hospital executive compensation act dropped from ballot

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Robbins RA

2016-08-01

Full Text Available The Hospital Executive Compensation Act did not qualify for the November 8, 2016 ballot in Arizona as a state statute (1. The Service Employees International Union (SEIU dropped the initiative just before arguments were to begin in a lawsuit that challenged the legality of signature gatherers who failed to register with the state. The measure would have limited total pay for executives, administrators and managers of healthcare facilities and entities to the annual salary of the President of the United States. A similar measure in California was also dropped by the SEIU in 2014. Supporters of the proposal said it would decrease escalating healthcare costs. Opponents of the measure, including the Arizona Chamber of Commerce who filed the suit challenging the proposition, alleged that it would lead to poorer healthcare. However, a survey conducted by the Southwest Journal of Pulmonary and Critical Care showed that most supported the measure and felt that it would not lead to poorer healthcare (2.

The risks of liability for former mine operators: the implementation of a plan for preventing legal risks

International Nuclear Information System (INIS)

Martinet, Y.

2004-01-01

Shutting down mines has 'mechanically' increased the risks of cave-ins. The local (communal and/or departmental) administrations responsible for supervising the situation do not necessarily have the means for managing shafts and tunnels. For this reason, two acts were passed in 1994 and 1999 to reform how mines are managed after shutdowns. Managing post-mining operations has spawned lawsuits against former operators, even though they shut down their mines in compliance with the laws and regulations in force at the time. By virtue of these two acts, administrative authorities are now trying to make the former operators fill in shafts and tunnels. Moreover, individuals often try to obtain compensation for the damages caused by shut-down mines. This situation causes uncertainty for various parties; and the legal settlements being proposed are not sufficiently clear. Information is provided for thinking about how to implement a 'legal risk prevention plan', which former mine operators should bear in mind. (author)

Struggle against Corruption in New Spain, in the View of the Neo-Stoics

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Salvador Cárdenas Gutiérrez

2006-01-01

Full Text Available Along with the increasing presence of judicial and administrative officials in New Spain came the development of a courtly culture that entailed corrupt practices such as bribery  and fraud to the public treasury.  Spanish and viceragal authorities  attempted to  deter these  practices through local lawsuits and penal codes. At the same time, many lawyers, moralists and poets censured corruption from the perspective of neo-Stoic philosophy. Topics such as the “deception” produced by vanity and adulation, as opposed  to the “truth” revealed by virtue, were frequent in baroque  sermons,  panegyrics and festive and ceremonial  emblems inspired in this philosophical viewpoint. However, this same viewpoint attempted to unite  ethics and the  struggle  for power by taking advantage of the ludic dimension of virtue, just as Seneca had proposed and the authors  of courtly New-Spanish literature had repeated.

Right to try? Phosphoethanolamine, di Bella and Stamina cases: an Italo-Brazilian analysis

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BARBOSA, Elina Magnan

2016-10-01

Full Text Available This paper reports on an analysis of court orders that determine experimental therapies and provides a comparative study of the Italian Di Bella and Stamina cases and the Brazilian Phosphoethanolamine case. The judicial sentences on the three cases were considered, along with their medical outcome and media repercussion. As a result of the comparison, it was observed that the Brazilian Constitutional Court is tending towards the non-recognition of a “right to try”, even though the Court’s official opinion remains to be seen. In Italy, on the other hand, after the negative judicial and medical experience concerning two emblematic cases, the opinion of the Italian Constitutional Court seems to have changed, indicating that the State is no longer forced to provide experimental therapies through the public health system. In the scope of these judicial lawsuits that claim compassionate cures, the technical framework, represented by the good clinical practices guidelines, comes about as the “zipper” that binds together law, science and ethics.

Professional liability of the radon technologist

International Nuclear Information System (INIS)

Kornreich, M.R.

1987-01-01

The radon technologist will want to protect himself from lawsuits by plaintiffs who believe they have suffered consequences of a false measurement or erroneous recommendation. The author may be sued for negligence or on the contract. A plaintiff is more likely to be successful in a suit for monetary losses associated with real estate transactions or remediation than in a suit for personal injury. To avoid liability, the radon technologist will want to keep aware of the state of the art; use standard protocols; carefully supervise employees; take all technical precaution; and get legal advice in contracting. The author should also adhere to applicable federal, state, or local regulations. Disclosing the limits of measurement procedures and emphasizing the importance of maintaining standardized environmental conditions in the building are important. Since it is extremely difficult for an individual to get adequate professional liability insurance at a reasonable price, radon technologists should cooperate, perhaps through their professional societies, to negotiate the best possible insurance policies

Fear and loathing in Mississippi: the attack on cAMP sister spirit.

Science.gov (United States)

Greene, Kate

2003-01-01

SUMMARY In 1993, the small rural community of Ovett, Miss., and a group of self-described radical lesbian feminists clashed over the establishment by the women of a feminist educational retreat known as Camp Sister Spirit. This dispute took the form of physical and psychological harassment of the women, wide-open public debate in the community, in the press, and on television, federal mediation efforts, and two lawsuits. This article analyzes this dispute using Mary Daly's seven patterns of the sado-ritual syndrome (Daly, 1978). The analysis examines the ideological and moral standpoints of the participants, the issues of "blaming the victim" and scapegoating, the development of the conflict from a dispute between neighbors to the involvement of international media, national activists and the Clinton Administration, the transformation of the conflict from a political to legal dispute, the representations of the groups within the community and the media, the effect of public opinion on the dispute, and the politics of the media in the dispute.

Resolving Malpractice Claims after Tort Reform: Experience in a Self-Insured Texas Public Academic Health System.

Science.gov (United States)

Sage, William M; Harding, Molly Colvard; Thomas, Eric J

2016-12-01

To describe the litigation experience in a state with strict tort reform of a large public university health system that has committed to transparency with patients and families in resolving medical errors. Secondary data collected from The University of Texas System, which self-insures approximately 6,000 physicians at six health campuses across the state. We obtained internal case management data for all medical malpractice claims closed during 1 year before and 6 recent years following the enactment of state tort reform legislation. We retrospectively reviewed information about malpractice claimants, malpractice claims, and the process and outcome of dispute resolution. We accessed an internal case management database, supplemented by both electronic and paper records compiled by the university's Office of General Counsel. Closed claims dropped from 244 in 2001-2002 to an annual mean of 96 in 2009-2015, closures following lawsuits from 136 in 2001-2002 to an annual mean of 28 in 2009-2015, and paid claims from 60 in 2001 to an annual mean of 20 in 2009-2015. Patterns of resolution suggest efforts by the university to provide some compensation to injured patients in cases that were no longer economically viable for plaintiffs' lawyers to litigate. The percentage of payments relating to cases in which lawsuits had been filed decreased from 82 percent in 2001-2002 to 47 percent in 2009-2012 and again to 29 percent in 2012-2015, although most paid claimants were represented by attorneys. Unrepresented patients received payment in 13 cases closed in 2009-2012 (22 percent of payments; mean amount $60,566) and in 24 cases closed in 2012-2015 (41 percent of payments; mean amount $109,410). Even after tort reform, however, claims that resulted in payment remained slow to resolve, which was worsened for claimants subject to Medicare secondary payer rules. Strict confidentiality became a more common condition of settlement, although restrictions were subsequently relaxed

As redes de solidariedade da cor: o caso dos compadres Manoel e Lauriano The Colour Solidarity Networks: the case of the 'compadres' Manoel and Laurino

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Ivan de Andrade Vellasco

2006-01-01

Full Text Available O artigo baseia-se na analise de um processo criminal de 1831, no qual os réus, pardos, são acusados de assassinar um homem branco. No teor dos depoimentos revela-se a formação de uma aliança solidária dos pardos, em função das categorias que definem as posições e juízos a respeito do crime. Testemunhas pardas e crioulas, livres e forras, produzem um consenso construindo uma versão contra a vítima, o homem branco. Uma visão sobre o certo e o errado solidariza a todos e, dentro dela, uma percepção específica da justiça une pardos, crioulos e cabras. Propõe-se que a solidariedade com base na identidade entre "pardos" possa ter tido uma intencionalidade e motivações associadas aos debates políticos da época, travados entre liberais moderados e conservadores, a respeito da conceituação e inclusão dos ‘pardos’ no projeto de nação. Representa uma tentativa de se captar, nos indícios disponíveis, a formação de processos identitários com base na cor e na condição, categorias ordenadoras fundamentais da sociedade escravista.This article is based on the analysis of a criminal lawsuit from 1831, in which the accused ones, who were "mulattos", were charged with a white man murder. In the testimonies of the lawsuit, it is possible to identify a supportive alliance among the "mulattos", in relation to the categories that define the positions and judgements concerning to the crime. Witnesses, both "mulattos" and "negros", free and manumitted slaves, have produced a consensus, hence building a version against the victim, the white man. A view on right and wrong promotes solidarity in everybody and, within this view, a specific perception about what unites "mulattos", "negros", manumitted slaves and "cabras". We propose that the solidarity based on the identity among the "mulattos" can be understood in relation to the motivations associated to their emersion in the political debates of the time, concerning to their

Strategic planning for remediation projects

International Nuclear Information System (INIS)

Tapp, J.W.

1995-01-01

Remediation projects may range from a single leaking storage tank to an entire plant complex or producing oil and gas field. Strategic planning comes into play when the contamination of soil and groundwater is extensive. If adjacent landowners have been impacted or the community at large is concerned about the quality of drinking water, then strategic planning is even more important. (1) To manage highly complex interrelated issues--for example, the efforts expended on community relations can alter public opinion, which can impact regulatory agency decisions that affect cleanup standards, which can...and so on. (2) To ensure that all potential liabilities are managed--for example, preparation for the defense of future lawsuits is essential during site investigation and remediation. (3) To communicate with senior management--when the remediation team provides a strategic plan that includes both technical and business issues, senior management has the opportunity to become more involved and make sound policy decisions. The following discusses the elements of a strategic plan, who should participate in it, and the issues that should be considered

A UTÓPICA APLICAÇÃO DA TEORIA DA PERDA DE UMA CHANCE NO ÂMBITO DO DIREITO MÉDICO:UMA ANÁLISE DA JURISPRUDÊNCIA DO TJRS, TJPR E TJPE/THE UTOPIAN APPLICATION OF THE LOSS OF CHANCE DOCTRINE IN MEDICAL LAW:AN ANALISYS OF THE CASES JUDGED BY TJRS TJPR AND TJPE

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Igor de Lucena Mascarenhas

2016-12-01

Full Text Available This essay analyzes the application of the Loss of Chance Doctrine in cases of medical civil liability. The growth of lawsuits due to medical malpractice allowed the application of multiple theories to solve the civil liability of the physician. Through a bibliographical analysis, it was observed that the Loss of Chance Doctrine cannot be applied in the medical law, because it uses data observed in studies that may not be the same of the real case. Thus, the objectification of the human body, a subjective element, demonstrates that the nuclear element of the theory is incompatible with the medical law. It was observed that 80% of judicial decisions of TJPR, TJRS and TJPE between 01.01.2014 and 09.22.2015, did not include the percentage of the chance, a violation to the contradictory and full defense. Finally, it is proposed that the percentage of recovering and healing can be used to establish the indemnity, but cannot be the only element of the judicial consideration.

TANGGUNG JAWAB KEPERDATAAN BIDAN DALAM PELAYANAN KESEHATAN

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R.A. Antari Inaka Turingsih

2012-10-01

Full Text Available In carrying out their health services obligations, midwifes need to comply with professional standards because failure to observe careful and diligent practice may be a ground for holding the midwife accountable. Injured patient reserves the right to file a lawsuit against the midwifes by invoking breach of contract or wrongful acts as the basis of liability. Therefore, in carrying out his/her profession, a midwife must comply with professional standards, standard operating procedures, and regulated code of conduct. This article will analyse matters pertinent to profession, malpractice, and their efforts to heal. Bidan dalam melaksanakan kewajiban pelayanan kesehatan harus berdasarkan pada standar profesi. Jika dalam melaksanakan kewajibannya bidan melakukan kesalahan, maka ia dapat dimintai pertanggungjawaban. Pasien sebagai pihak yang dirugikan dapat mengajukan pertanggungjawaban bidan melalui gugat berdasarkan wanprestasi atau perbuatan melawan hukum. Oleh karena itu, dalam melaksanakan profesinya, seorang bidan harus memenuhi ketentuan standar profesi, standar prosedur operasional dan kode etik yang telah diatur. Dalam tulisan ini akan dicoba untuk dikaji hal-hal yang berkaitan dengan profesi, malpraktik, dan pertanggungjawaban dalam upaya penyembuhan.

Genetic susceptibility for specific cancers. Medical liability of the clinician.

Science.gov (United States)

Severin, M J

1999-12-01

The use of genetic profiling techniques to detect individuals with an increased susceptibility to heritable cancers has provoked recent legal interest in the duties of the attending physician and in the rights of patients and their families. In the current study specific prima facie and recently litigated cases are presented and explored to delineate the issues facing physicians and to illustrate the prerogatives of patients who are caught up in a heritable cancer enigma. Various courts have attempted to answer questions involving lawsuits in which incidents of breast/ovarian carcinoma and colon carcinoma have provoked claims of negligence against health care providers. Health care workers involved in the care of these patients have specific duties to these individuals. It would appear that physicians are being forced to assume the additional duty of delving into a patient's family history of cancer through multiple generations. This duty is followed by a responsibility to provide detailed counseling to those patients in whom such activity impacts the diagnosis and management of familial cancer.

Zika and Reproductive Rights in Brazil: Challenge to the Right to Health.

Science.gov (United States)

Valente, Pablo K

2017-09-01

The Zika virus epidemic rapidly spread across Brazil and Latin America, gaining international attention because of the causal relationship between Zika and birth defects. The high number of cases in Brazil has been attributed to a failure of the state to contain the epidemic and protect the affected people, especially women. Therefore, the public health crisis created by Zika exposed a stark conflict between Brazil's constitutional right to health and the long-standing violation of reproductive rights in the country. Although health is considered to be a right of all in Brazil, women struggle with barriers to reproductive services and lack of access to safe and legal abortions. In response to the epidemic, women's rights advocates have filed a lawsuit with Brazil's supreme court that requires the decriminalization of abortion upon the diagnosis of Zika virus. However, the selective decriminalization of abortion may lead to negative social consequences and further stigmatization of people with disabilities. A solution to the reproductive health crisis in Brazil must reconcile women's right to choose and the rights of people with disabilities.

The need for tort reform as part of health care reform.

Science.gov (United States)

Thornton, Tiffany; Saha, Subrata

2008-01-01

There is no doubt about the need for tort reform. The current state of the legal system imposes great costs on the U.S. health care system and society in general-an astounding $865 billion each year. Physicians are forced to practice defensive medicine to protect themselves from litigation. Caps on non-economic damages have helped reduce malpractice insurance rates and encouraged young physicians to pursue specialties such as obstetrics. Collective insurance pools and national insurance programs for physicians and hospitals are some options that other countries employ to reduce malpractice rates. Regulation of expert testimony by medical societies would curb false or biased testimony. Other recommendations to improve the tort system include establishing expert health courts similar to those that currently exist for tax and patent law, using mediation, creating patient compensation funds, making acknowledgment of errors inadmissible in court, providing certificates of merit or pretrial screening panels to confirm the validity of lawsuits, and developing treatment contracts. Clearly some action must be taken to amend our current wasteful tort system.

Where the chips fall: environmental health in the semiconductor industry.

Science.gov (United States)

Chepesiuk, R

1999-09-01

Three recent lawsuits are focusing public attention on the environmental and occupational health effects of the world's largest and fastest growing manufacturing sector-the $150 billion semiconductor industry. The suits allege that exposure to toxic chemicals in semiconductor manufacturing plants led to adverse health effects such as miscarriage and cancer among workers. To manufacture computer components, the semiconductor industry uses large amounts of hazardous chemicals including hydrochloric acid, toxic metals and gases, and volatile solvents. Little is known about the long-term health consequences of exposure to chemicals by semiconductor workers. According to industry critics, the semiconductor industry also adversely impacts the environment, causing groundwater and air pollution and generating toxic waste as a by-product of the semiconductor manufacturing process. In contrast, the U.S. Bureau of Statistics shows the semiconductor industry as having a worker illness rate of about one-third of the average of all manufacturers, and advocates defend the industry, pointing to recent research collaborations and product replacement as proof that semiconductor manufacturers adequately protect both their employees and the environment.

ASPEK HUKUM ZONASI PASAR TRADISIONAL DAN PASAR MODERN

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Rahadi Wasi Bintoro

2010-10-01

Full Text Available The existence of traditional markets in urban areas from time to time further increasingly threatened by rampant construction of modern markets. Therefore, in this paper the authors are interested to explore some aspects zoning laws of modern markets and traditional markets. Based on the analysis, zoning traditional markets and modern market is the authority of local governments as stipulated in Presidential Regulation Number 112 Year 2007 concerning Settlement and Development of Traditional, Modern Shopping Centers and who is the embodiment of Law No. 5 Year 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition healthy. If the establishment of a modern market violates the provisions of Law No. 5 Year 1999 and Presidential Decree. 112 Year 1999 will be reported to the KPPU to be examined.In addition, with no establishment of zoning district regulations regarding local government market has resulted in unlawful acts and therefore can be sued by actio popularis lawsuit or citizen law suits. Keywords: zoning, traditional markets, modern markets

Los delitos sexuales: la ley y la práctica judicial en la Provincia de Buenos Aires durante el período de codifcación del derecho penal argentino (1877-1892.

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Gisela Sedeillan.

2009-04-01

Full Text Available After the passage of the frst penal code in the Province of Buenos Aires in 1877, judges interpreted it in such a way so that the victims of rape and statutory rape had to press charges rather than the state directly seeking justice. This regulation of judicial procedure led to profound transformations in legal practice, operating more as an obstacle than a beneft to the protection of victim’s right by limiting their ability to take part in the legal proceedings as plaintiffs, which made it impossible to punish the accused. The reigning norm in the national Penal Code was reformed in order to reconcile the law with the social reality of the victims and make it possible to effectively protect the rights of those who fled the lawsuit with the state. We confine this work to the period from 1877-1892 in order to analyze the application and interpretation of the provincial penal code and the changes introduced with the sanction of the national Penal Code in the judicial branch.

RELEVANT ISSUES CONCERNING THE RELOCATION OF CIVIL PROCEEDINGS UNDER THE NEW CODE OF CIVIL PROCEDURE (NCPC

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Andrei Costin GRIMBERG

2015-07-01

Full Text Available The change of the new code of civil procedure and obvious the entry of the new provisions at 15th February 2013, has been thought with the hope to accelerate the procedures related to judgement with a noticeable simplification of procedures, all designed with the aim of unifying the case law and to lower the costs generated by lawsuits , costs both borne by the State as well by citizens involved the cases in court . Thus, the implementation of the New Code of Civil Procedure, desired the compliance right to a fair trial within a optimal time and predictable by the court, by judging the trial in a speedy way , avoiding unjustified delays of the pending cases and to the new petitions introduced, by excessive and unjustified delays often. By the noticeable changes that occurred following the entry into force of the new Code of Civil Procedure, it identify and amend the provisions regarding requests for displacement, in terms of the grounds on which it may formulate the petition of displacement and the court competent to hear such an application.

Challenges To Reducing Discrimination And Health Inequity Through Existing Civil Rights Laws.

Science.gov (United States)

Chandra, Amitabh; Frakes, Michael; Malani, Anup

2017-06-01

More than fifty years after the passage of the Civil Rights Act of 1964, health care for racial and ethnic minorities remains in many ways separate and unequal in the United States. Moreover, efforts to improve minority health care face challenges that differ from those confronted during de jure segregation. We review these challenges and examine whether stronger enforcement of existing civil rights legislation could help overcome them. We conclude that stronger enforcement of existing laws-for example, through executive orders to strengthen enforcement of the laws and congressional action to allow private individuals to bring lawsuits against providers who might have engaged in discrimination-would improve minority health care, but this approach is limited in what it can achieve. Complementary approaches outside the legal arena, such as quality improvement efforts and direct transfers of money to minority-serving providers-those seeing a disproportionate number of minority patients relative to their share of the population-might prove to be more effective. Project HOPE—The People-to-People Health Foundation, Inc.

Animal experimentation: a legal fight in Brazilian universities

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Fernanda Luiza Fontoura de Medeiros

2015-07-01

Full Text Available Vivisection, or the use of animals in experiments, testing or education is part of a context in which many people still think represent an emergency conflict that requires the choice of human interests rather than the interests of animals. In Brazil, the 1988 Federal Constitution, in Article 225, paragraph 1, item VII, prohibits the practice of cruelty to animals. To regulate the said device, was passed in 2008 the Law 11.794 / 2008, known as Arouca Law, establishing procedures for the scientific use of animals and the Law 9.605 / 2008, which deals with environmental crimes. However, according to Brazilian Constitution, is it possible to sustain the use of animals in teaching and research, especially in universities? The aim of this paper is to analyze the Brazilian legislation regarding the use of animals in testing, teaching and research, and to discuss the observation of this legislation during the lawsuits filled in recent years by animal advocacy organizations against several Brazilian universities. The results point to a disagreement between the practices prevailing in the universities, the legislation and the Brazilian Constitution.

Strange bedfellows: the history of collaboration between the Massachusetts Restaurant Association and the tobacco industry.

Science.gov (United States)

Ritch, W A; Begay, M E

2001-04-01

This article examines the historical relationship between the tobacco industry and the Massachusetts Restaurant Association, a nonprofit trade association aligned with the food and beverage industry. The study analyzed data from Web-based tobacco industry documents, public relations materials, news articles, testimony from public hearings, requests for injunctions, court decisions, economic impact studies, handbooks, and private correspondence. Tobacco industry documents that became public after various state lawsuits reveal that a long history of collaboration exists between the Massachusetts Restaurant Association and the tobacco industry. For more than 20 years, their joint efforts have focused primarily on the battle to defeat state and local laws that would restrict smoking in public places, particularly in beverage and food service establishments. The resources of the tobacco industry, combined with the association's grassroots mobilization of its membership, have fueled their opposition to many state and local smoke-free restaurant, bar, and workplace laws in Massachusetts. The universal opposition of the Massachusetts Restaurant Association to smoking bans in food and beverage establishments is a reflection of its historic relationship with the tobacco industry.

Our intellectuals have failed us – System of a Down

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Sundeep Mishra

2017-03-01

Full Text Available Medical profession is at cross-roads. On one hand are issues like medical mal-practice and negligence but on the other are loss of respect, low re-imbursement, lawsuits against medical professionals, violence against physicians all contributing to a lot of stress as also a high suicide rate among medical practitioners. While some of the problems seem related to changing societal norms, most of them seem to stem from a failure, active or passive on the part of medical intellectual, moving away from altruism, justice and self regulation to pursuance of self interest with a consequent loss of trust in doctor-patient relationship. The solution lies not only in regaining this trust by following a path of community welfare, change in medical curriculum but also recognition by society, the problems faced by medical fraternity; long hours, low re-imbursement for mental and physical effort but most importantly loss of prestige. Urgent steps to reverse this malady should be undertaken, otherwise a full-fledged commercial and profit making medical field is the only alternative.

A FRESH APPROACH TO UNFAIR TERMS IN COMMERCIAL CONTRACTS: ARE THE LATEST LAW AMENDMENTS BENEFICIAL TO CONSUMERS?

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Paul COMȘA

2014-05-01

Full Text Available Mostly in consumer contracts, the economic and juridical imbalances between trade participants give the party of superior negotiating strength a considerable advantage by defining terms in advance. Consequently, an unfair business-to-consumer practice emerged in which sellers and suppliers impose a series of non-negotiable terms to the detriment of the consumer. Romanian regulations tried to efficiently tackle this problem being driven by the new European legislative trends. Law no.193/2000, which is the main regulation in this field, has been amended twice in the last two years and a series of new provisions on unfair contractual terms were introduced by Law no. 72/2013 and the new Romanian Civil Code. The main objective of the Romanian legislator was to reduce the massive number of lawsuits regarding unfair terms in consumer contracts and to provide a more effective protection for consumers. However, the new provisions also made changes which favour banks, insurance companies and other businesses that often insert predetermined terms in contracts.

The Family Smoking Prevention and Tobacco Control Act and the First Amendment: why a substantial interest in protecting public health won't save some new restrictions on tobacco advertising.

Science.gov (United States)

Stoll, Elaine

2010-01-01

Congress passed the Family Smoking Prevention and Tobacco Control Act in 2009 with the aim of reducing tobacco-related illnesses and deaths by curbing tobacco's appeal to and use by children and adolescents. Legislators considered provisions of the FSPTCA restricting tobacco advertising and labeling key to realizing the law's intended health benefits. But a lawsuit now before the U.S. Court of Appeals for the Sixth Circuit challenges the tobacco marketing restrictions as impermissible restraints on tobacco companies' commercial speech rights under the First Amendment. This article analyzes the constitutionality of each FSPTCA tobacco advertising and labeling restriction in light of U.S. Supreme Court decisions defining the extent of First Amendment protection for commercial speech, prior efforts to restrict tobacco marketing, and the outcomes of legal challenges to some of the prior marketing restrictions. Several of the FSPTCA tobacco advertising and labeling restrictions were drafted with insufficient accommodations for tobacco companies' First Amendment right to convey and consumers' First Amendment right to receive truthful information about lawful tobacco products and are therefore unconstitutional as currently written.

Legal liability for Agent Orange-related illnesses: a reassessment of the 2005 VAVA case and prospects for new litigation.

Science.gov (United States)

Klickermann, Felix

2016-01-01

Attempts through the US courts to hold the corporations responsible for the production of dioxin-contaminated herbicides used by the US military in the 1960s and early 1970s liable for their ongoing health consequences have failed. This article scrutinizes the most recent judgement - that of the United States District Court for the Eastern District of New York handed down in 2005 following a lawsuit brought by the Vietnam Association of Victims of Agent Orange/dioxin (VAVA). It is argued that despite this judgement there is the potential to bring a further legal case, with some prospect of success, on the basis of: (i) debatable legal judgements in the 2005 decision; (ii) new scientific evidence on the health effects of exposure to Agent Orange; and (iii) cases brought in other jurisdictions. The article concludes by noting the underfunding of ongoing remediation efforts, especially for the provision of assistance to affected individuals, and argues that it is desirable to oblige the producers of the herbicides to contribute financially to these efforts.

Implementation of state - federal agreements: observations and suggestions from New Mexico

International Nuclear Information System (INIS)

Canepa, J.F.

1985-01-01

State - federal agreements have been authorized by Congress under the Nuclear Waste Policy Act of 1982 (the Act). The process for reaching such agreements as well as their content have been modeled after the State of New Mexico's experience with its lawsuit and resulting Agreement for Consultation and Cooperation with the United States Department of Energy (DOE) over the Waste Isolation Pilot Project (WIPP). New Mexico has been through the entire process, beginning with litigation and ending with a formal, written agreement with the federal government which addresses all aspects of a major nuclear waste repository within its borders. The process for reaching and implementing such agreements is not unlike the process for negotiating a treaty between countries. States entering into negotiations for such agreements should be aware of several important considerations which New Mexico learned the hard way. Avoiding the pitfalls inherent in this process is the key to producing a meaningful, working and enforceable document that protects the state's interests and affords a state continuing control over a long-term nuclear waste project within the state

El noviazgo en la España Moderna y la importancia de la «palabra». Tradición y conflicto

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Marta RUIZ SASTRE

2016-12-01

Full Text Available  The present work studies the strength that betrothals had in Western society during Modern Times. Even without having a sacra- mental nature and without being formally required for the celebration of a religious ceremony, the betrothal created in the collective mind a bond that was dif!cult to break. The promisethat was exchanged forced those who were involved to stay true to it until the very act of marriage. This appeared in this way in modern –ecclesiastical and secular– legislation, and it would be thus supported by popular opinion. Neither the Council of Trent nor the ecclesiastical institutions –despite the decree Tametsi– managed to avert the continued existence of its meaning, and common practice would continue to keep its value, adapting the spirit of the sacrament to everyday reality: the expression of free consent and its consummation through «carnal knowledge». The analysis of lawsuits for breach of promise of marriage reflects the persistence of an old social practice and reveals part of the historical scheme of the marriage process.

Case law

International Nuclear Information System (INIS)

Anon.

2000-01-01

This article reviews the judgements and law decisions concerning nuclear activities throughout the world during the end of 1999 and the first semester 2000. In Belgium a judgement has allowed the return of nuclear waste from France. In France the Council of State confirmed the repeal of an authorization order of an installation dedicated to the storage of uranium sesquioxide, on the basis of an insufficient risk analysis. In France too, the criminal chamber of the French Supreme Court ruled that the production in excess of that authorized in the licence can be compared to carrying out operations without a licence. In Japan the Fukui district court rejected a lawsuit filed by local residents calling for the permanent closure, on safety grounds, of the Monju reactor. In the Netherlands, the Council of State ruled that the Dutch government had no legal basis for limiting in time the operating licence of the Borssele plant. In Usa a district court has rejected a request to ban MOX fuel shipment. (A.C.)

Ethanol Forensic Toxicology.

Science.gov (United States)

Perry, Paul J; Doroudgar, Shadi; Van Dyke, Priscilla

2017-12-01

Ethanol abuse can lead to negative consequences that oftentimes result in criminal charges and civil lawsuits. When an individual is suspected of driving under the influence, law enforcement agents can determine the extent of intoxication by measuring the blood alcohol concentration (BAC) and performing a standardized field sobriety test. The BAC is dependent on rates of absorption, distribution, and elimination, which are influenced mostly by the dose of ethanol ingested and rate of consumption. Other factors contributing to BAC are gender, body mass and composition, food effects, type of alcohol, and chronic alcohol exposure. Because of individual variability in ethanol pharmacology and toxicology, careful extrapolation and interpretation of the BAC is needed, to justify an arrest and assignment of criminal liability. This review provides a summary of the pharmacokinetic properties of ethanol and the clinical effects of acute intoxication as they relate to common forensic questions. Concerns regarding the extrapolation of BAC and the implications of impaired memory caused by alcohol-induced blackouts are discussed. © 2017 American Academy of Psychiatry and the Law.

Sporting habits and lifestyles of the schoolchildren of Secondary Obligatory Education in the municipalities of the province of Almería

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Jorge Ruiz-Risueño Abad

2010-01-01

Full Text Available This study is a small part of a more wide enough social research project, that is being carried out by the Research Group « Physical-sports Activity and life’s Quality « of the University of Almería and that, between other aims, tries to approach the reality of the extracurricular sports physical practice of the student body of Secondary Obligatory Education (12-16 years in Almería and know the relationship with the life´s quality and the lifestyles. The importance of this study consists of the suitable knowledge of the reality of the sporting habits, the demands (lawsuits and the needs of the student body of Secondary Obligatory Education in Almería, and their life´s style (health habits, diet and smoking, alcohol and other substances use, with a view to a better scheduling of sports activities of municipalities and agencies dedicated to the management of the sport of these ages inside the municipalities of the province of Almería.

Adoption of electronic health records and barriers

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Venkataraman Palabindala

2016-10-01

Full Text Available Electronic health records (EHR are not a new idea in the U.S. medical system, but surprisingly there has been very slow adoption of fully integrated EHR systems in practice in both primary care settings and within hospitals. For those who have invested in EHR, physicians report high levels of satisfaction and confidence in the reliability of their system. There is also consensus that EHR can improve patient care, promote safe practice, and enhance communication between patients and multiple providers, reducing the risk of error. As EHR implementation continues in hospitals, administrative and physician leadership must actively investigate all of the potential risks for medical error, system failure, and legal responsibility before moving forward. Ensuring that physicians are aware of their responsibilities in relation to their charting practices and the depth of information available within an EHR system is crucial for minimizing the risk of malpractice and lawsuit. Hospitals must commit to regular system upgrading and corresponding training for all users to reduce the risk of error and adverse events.

Effects of racial and sexual harassment on work and the psychological well-being of African American women.

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Buchanan, NiCole T; Fitzgerald, Louise F

2008-04-01

Research on workplace harassment has typically examined either racial or sexual harassment, without studying both simultaneously. As a result, it remains unknown whether the co-occurrence of racial and sexual harassment or their interactive effects account for unique variance in work and psychological well-being. In this study, hierarchical linear regression analyses were used to explore the influence of racial and sexual harassment on these outcomes among 91 African American women involved in a sexual harassment employment lawsuit. Results indicated that both sexual and racial harassment contributed significantly to the women's occupational and psychological outcomes. Moreover, their interaction was statistically significant when predicting supervisor satisfaction and perceived organizational tolerance of harassment. Using a sample of African American women employed in an organizational setting where harassment was known to have occurred and examining sexual and racial harassment concomitantly makes this study unique. As such, it provides novel insights and an important contribution to an emerging body of research and underscores the importance of assessing multiple forms of harassment when examining organizational stressors, particularly among women of color.

Receipt or Implied Withdrawal of Tacit in Criminal Procedure as Violation of Circumstances Due to the Principles of Lawsuit and Motivation of Decisions

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Marcelo Serrano Souza

2016-10-01

Full Text Available This article analyzes the implicit or tacit receipt of the complaint in criminal proceedings in the light of constitutional principles of due process and the reasons for decisions. The study shows the need for a rational discourse to legitimate judicial decisions in relation to the claimants. The issue is addressed by the deductive method, through doctrinal and jurisprudential research. The article aims to answer whether and to what extent the implicit or tacit receipt of the complaint involves a violation of due process and the reasons for decisions from the perspective of a coherent legal system.

Perceptions on gender awareness and considerations in career choices of medical students in a medical school in Taiwan.

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Chung, Yueh-Chin; Lin, Ching-Yi; Huang, Chien-Ning; Yang, Jen-Hung

2013-11-01

The trend of medical career choice in the younger generation has resulted in deficiency of manpower in the four major disciplines of internal medicine, surgery, obstetrics/gynecology, and pediatrics, which will threaten people's health care in Taiwan. However, perceptions of gender awareness and factors affecting the career choices of medical students have not been investigated systemically in Taiwan. To explore the perceptions on gender awareness and considerations in career choices, we recruited 280 1(st)- and 7(th)-year male and female medical students at a Medical University for the study. A modified Nijmegen questionnaire using a 5-point Likert scale containing medical curricula (18 items), gender awareness (13 items), and career inclination (9 items) was adopted as the investigation tool in our study. The response rate was 75% (224/280). With regard to gender, the 1(st)-year male students had greater confidence in being a physician than the female students (p gender was more prominent in the 7(th)-year than in the 1(st)-year students (p gender and "female physicians are more empathetic and provide more communications than male physicians". Factors influencing career choices of medical students, including "personal interests/talents" and "academic achievement of the specialty," were not significantly different by gender. Factors included "training and learning environments of the specialty", "risk of lawsuit", and "economic incentive" were more appreciated by the senior than the junior students (p gender or seniority. The 7(th)-year students had experiences in clinical medicine and had different considerations in career choice in comparison to the 1(st)-year students, and gender played a role in senior students. In addition, the senior rather than the junior students regarded "training and learning environments", "risk of lawsuit", and "economic incentive" as more important factors affecting the career choices, and male students paid more attention to these

The Control of Environment Management Through Administrative Court

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Putrijanti, Aju

2018-02-01

Environment is important in human life. Conflict of interest comes between development of economy sector, citizenship needs and Governance, as it becomes completely difficult to analyze. The environment's lawsuit is increase from the beginning of the Court established. The duty of Administrative Court are to investigate, decide and settle administrative disputes. The Governance has to pay attention before issuing the Government's decree by put principle of good governance as priority. The issue in this paper is strengthening the role of Administrative Court to maintain the environment reuse by settle environment disputes based on the importance of environment. The administrative decisions in environment field may cause a loss or damage for the people. When the public officer did not put the appreciation to the reuse of environment and principle of good governance, it will become problems. The decision should be environmentally friendly. There should be certified judge to settle the dispute. The method of this research by examines the Judge's verdict in environment disputes, and its relation with regulations and the newest issues. The conclusion is increase the role of the Administrative Court to maintain the environment by law enforcement through settle environment disputes.

Posttraumatic stress disorder in a World War II concentration camp survivor caused by the attack of two German shepherd dogs: case report and review of the literature.

Science.gov (United States)

Jovanović, Aleksandar A; Ivković, Maja; Gašić, Miroslava Jašović

2011-05-20

A 79-year-old woman suffered from acute posttraumatic stress disorder (PTSD) and a loco typico, non-displaced fracture of her right distal radius due to an incident involving the assault of two unleashed owned dogs, which suddenly ran into her and aggressively jumped on her chest and knocked her down to the ground. Recovery for her damage claim concerning pain and disability due to her right forearm fracture caused by the incident, was not the issue in the litigation concerned. However, the issue of delayed impact of her previous Holocaust experience placed a significant challenge on M.N., as a plaintiff, in establishing a causal link between the posttraumatic stress disorder concerned and the alleged harmful action of the defendants, the owners of the two dogs. The case reported here proved interesting and instructive not only in the sense of addressing main issues relevant to litigation for psychological damage related to reactivated PTSD and delayed PTSD, but also in the sense of pointing at the clinical relevance of dog assaults on humans which, even without dog bite injuries, may result in a severe traumatization and eventual civil lawsuit. Copyright © 2011 Elsevier Ireland Ltd. All rights reserved.

Strange bedfellows: the history of collaboration between the Massachusetts Restaurant Association and the tobacco industry.

Science.gov (United States)

Ritch, W A; Begay, M E

2001-01-01

OBJECTIVES: This article examines the historical relationship between the tobacco industry and the Massachusetts Restaurant Association, a nonprofit trade association aligned with the food and beverage industry. METHODS: The study analyzed data from Web-based tobacco industry documents, public relations materials, news articles, testimony from public hearings, requests for injunctions, court decisions, economic impact studies, handbooks, and private correspondence. RESULTS: Tobacco industry documents that became public after various state lawsuits reveal that a long history of collaboration exists between the Massachusetts Restaurant Association and the tobacco industry. For more than 20 years, their joint efforts have focused primarily on the battle to defeat state and local laws that would restrict smoking in public places, particularly in beverage and food service establishments. The resources of the tobacco industry, combined with the association's grassroots mobilization of its membership, have fueled their opposition to many state and local smoke-free restaurant, bar, and workplace laws in Massachusetts. CONCLUSIONS: The universal opposition of the Massachusetts Restaurant Association to smoking bans in food and beverage establishments is a reflection of its historic relationship with the tobacco industry. PMID:11291372

Range war: IPALCO's bid for PSI resources

International Nuclear Information System (INIS)

Studness, C.M.

1993-01-01

IPALCO Enterprises Inc. announced a hostile, unsolicited bid to acquire PSI Resources on March 15. IPALCO's bid for PSI is aggressive and well thought out, which befits the strong incentive that it had to take action. Besides topping Cincinnati Gas ampersand Electric's offering price made late last year, IPALCO took the initiative on three other fronts. First, it filed a lawsuit in federal court in Indianapolis to block the merger between PSI and Cincinnati. The suit claims that the proposed merger violates Indiana law and that PSI and Cincinnati have made false and misleading statements about the benefits of their proposed merger. Second, IPALCO announced it will oppose the merger between PSI and Cincinnati in proceedings before Indiana regulators. Third, IPALCO said it plans to nominate a slate of five candidates to stand election for PSI's Board of Directors at the company's annual shareholders meeting this spring. However, these initiatives and IPALCO's accompanying appeal to Hoosier loyality are little more than diversionary tactics. In the final analysis, whether PSI merges with IPALCO or with Cincinnati will depend rather simply on who is willing to make the highest bid

The improvement of nuclear safety regulation : American, European, Japanese, and South Korean experiences

International Nuclear Information System (INIS)

Cho, Byung Sun

2005-01-01

Key concepts in South Korean nuclear safety regulation are safety and risk. Nuclear regulation in South Korea has required reactor designs and safeguards that reduce the risk of a major accident to less than one in a million reactor-years-a risk supposedly low enough to be acceptable. To data, in South Korean nuclear safety regulation has involved the establishment of many technical standards to enable administration enforcement. In scientific lawsuits in which the legal issue is the validity of specialized technical standards that are used for judge whether a particular nuclear power plant is to be licensed, the concept of uncertainty law is often raised with regard to what extent the examination and judgement by the judicial power affects a discretion made by the administrative office. In other words, the safety standards for nuclear power plants has been adapted as a form of the scientific technical standards widely under the idea of uncertainty law. Thus, the improvement of nuclear safety regulation in South Korea seems to depend on the rational lawmaking and a reasonable, judicial examination of the scientific standards on nuclear safety

[Physician's professional retirement. Family dynamics].

Science.gov (United States)

Aguirre Gas, Héctor G

2011-01-01

Human beings have a natural resistance to think about their old age, both personally and professionally. Governments have targeted efforts to successfully prolong the life of the population, situation which already is a social and economic problem. “Old is a person with physical, intellectual and emotional limitations, who has a reduced autonomy and welfare, as a result of the years lived”. Not everyone ages at the same age; it will depend on health, habits, physical and intellectual activity, nutritional status, vices and attitude towards life. A physician may decide not to continue exercising medicine due to: health problems, because they do not want to, because they do not feel competent, because of the risk of having to deal with a complaint or a lawsuit, to have a new life project, or because they have no patients. The options available for a doctor at the time of retirement will depend on his/her age, health status, stage of the aging process: autonomy, dependency or old age; his/her physical and mental condition, professional development, economic situation and family environment. A doctor may remain independent, join another family or seek shelter in a retirement home.

“The Good Conduct Guarantee” and other Measures Comprised in GEO no. 51/2014 Amending and Supplementing GEO no. 34/2006

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Angelica ROŞU

2014-08-01

Full Text Available In this study we aimed to analyze the consequences of the introduction by Ordinance No. 51/2014 for amending and supplementing GEO No. 34/2006 concerning the procurement of a new procedural institution, namely the guarantee of good conduct guarantee during the judicialadministrative proceedings and judicial proceedings. In our opinion, however, the new measures introduced by the Act enunciated are able to generate, in equal measure, violating constitutional provisions of EU law, as well as the conventional duty rates (i.e. the norms enshrining the free administrative courts, the right of access to an impartial court, the right to effective remedy discrimination. In addition, we cannot equalize a solution to reject the appeal / complaint and the conclusion that the contractor / economic operator involved in the procedure is due an amount to the authority for its bad faith, the bad faith is not retrievable only in the solution of appeal / lawsuit, as long as through a different interpretation of the same text of the law, the courts solutions give rise to an uneven practice, becoming necessary to demonstrate the proof of bad faith or even serious misconduct in the exercise of procedural rights.

[Clinical Work Experience of Korean Immigrant Nurses in U.S. Hospitals].

Science.gov (United States)

Seo, Kumsook; Kim, Miyoung

2016-04-01

The purpose of this qualitative study was to explore the meaning of the experience of Korean immigrant nurses working in US hospitals. Purposive sampling yielded 15 Korean immigrant nurses who had more than one year of clinical experience in US hospitals. Data were collected from March to August 2012 through in-depth interviews and thematic analysis was conducted using van Manen's hermeneutic phenomenological approach. The findings were classified into eight themes: 'struggling from staff at workplace being territorial to outsiders', 'feeling oppressed due to language barrier', 'accepting rational and horizontal relationships at work', 'staying alert in the environment where lawsuits are rife', 'feeling a sense of stability from the social system that values human dignity', 'maintaining self-confidence from prominent nursing practices and senior Korean nurses' professional reputation', 'performing essential comprehensive nursing care', 'promoting self-development to be equipped with professionalism.' The findings indicate that the Korean immigrant nurses were able to excel in their workplace when their clinical experience at US hospitals was combined with the lived space in US politics and environment, lived time of patience, lived body to be alert, and lived others with multi cultural characteristics.

Citizen Contributions to the Closure of High-Level Waste (HLW) Tanks 18 and 19 at the Department of Energy's (DOE) Savannah River Site (SRS) - 13448

Energy Technology Data Exchange (ETDEWEB)

Lawless, W.F. [Paine College, Departments of Math and Psychology, 1235 15th Street, Augusta, GA 30901 (United States)

2013-07-01

Citizen involvement in DOE's decision-making for the environmental cleanup from DOE's management of its nuclear wastes across the DOE complex has had a positive effect on the cleanup of its SRS site, characterized by an acceleration of cleanup not only for the Transuranic wastes at SRS, but also for DOE's first two closures of HLW tanks, both of which occurred at SRS. The Citizens around SRS had pushed successfully for the closures of Tanks 17 and 20 in 1997, becoming the first closures of HLW tanks under regulatory guidance in the USA. However, since then, HLW tank closures ceased due to a lawsuit, the application of new tank clean-up technology, interagency squabbling between DOE and NRC over tank closure criteria, and finally and almost fatally, from budget pressures. Despite an agreement with its regulators for the closure of Tanks 18 and 19 by the end of calendar year 2012, the outlook in Fall 2011 to close these two tanks had dimmed. It was at this point that the citizens around SRS became reengaged with tank closures, helping DOE to reach its agreed upon milestone. (authors)

The meteoric rise and dramatic fall of Theranos: lessons learned for the diagnostic industry.

Science.gov (United States)

Fiala, Clare; Diamandis, Eleftherios P

2018-05-11

In this piece we discuss and reflect on the conclusion of the Theranos saga in the light of its fraud conviction. Theranos (founded in 2003 by Elizabeth Holmes) was supposed to disrupt the diagnostic testing industry by developing technology which could perform dozens of tests using a tiny amount of blood from a finger-prick. As a result, Ms. Holmes rose to fame, becoming the world's youngest female self-made billionaire and was plastered across magazine covers. However, in 2014, Theranos began to fall apart following increasingly damaging revelations regarding its lack of expertise, technology, framework, extreme secrecy and inaccurate test results. This led to the closure of two of its laboratories, investor and patient lawsuits and the devaluation of Ms. Holmes's wealth to nothing. In March 2018, the United States Security Exchange Commission ordered Ms. Holmes to pay $500,000 to settle the charge of massive fraud and barred her from being a director of a publicly owned company for 10 years, likely concluding Theranos's endeavors. We conclude our series of articles on this topic by reflecting on the lessons the laboratory medicine community can learn from Theranos.

Consent, Refusal, and Waivers in Patient-Centered Dysphagia Care: Using Law, Ethics, and Evidence to Guide Clinical Practice.

Science.gov (United States)

Horner, Jennifer; Modayil, Maria; Chapman, Laura Roche; Dinh, An

2016-11-01

When patients refuse medical or rehabilitation procedures, waivers of liability have been used to bar future lawsuits. The purpose of this tutorial is to review the myriad issues surrounding consent, refusal, and waivers. The larger goal is to invigorate clinical practice by providing clinicians with knowledge of ethics and law. This tutorial is for educational purposes only and does not constitute legal advice. The authors use a hypothetical case of a "noncompliant" individual under the care of an interdisciplinary neurorehabilitation team to illuminate the ethical and legal features of the patient-practitioner relationship; the elements of clinical decision-making capacity; the duty of disclosure and the right of informed consent or informed refusal; and the relationship among noncompliance, defensive practices, and iatrogenic harm. We explore the legal question of whether waivers of liability in the medical context are enforceable or unenforceable as a matter of public policy. Speech-language pathologists, among other health care providers, have fiduciary and other ethical and legal obligations to patients. Because waivers try to shift liability for substandard care from health care providers to patients, courts usually find waivers of liability in the medical context unenforceable as a matter of public policy.

Scientific profile and professional responsibility of Court-appointed Medical Technical Consultants in Italy: time for a specific educational curriculum?

Science.gov (United States)

Conti, Andrea Alberto

2014-08-20

Court-appointed Technical Consultants (CTCs) are fundamental figures in the Italian judicial system. CTCs are experts appointed by judges in order to supplement their activities by ascertaining, collecting and analyzing facts concerning the specific subject of a lawsuit. These experts formulate opinions, gather motivations and perform checks to provide clear, objective and irrefutable answers to the questions posed by judges. With direct reference to the medical field, while police doctors (specialists in forensic medicine) follow an academic, dedicated, well-structured educational curriculum, the University specialty school in Forensic Medicine, other medical CTCs, though not infrequently luminaries with one or many medical specialties and professional acknowledgments, may have no specific legal-medicine and juridical expertise, precisely because a similar expertise is not formally required of them. In the light of these considerations, in Italy some professionals of the legal world, and of the health context too, have proposed for medical CTCs targeted educational pathways, which would provide these experts with formal specific qualifications. In synthesis and in conclusion, a full knowledge and a rigorous respect of the rules of legal proceedings emerge as increasingly important characteristics for current and future Court-appointed Technical Consultants, together with a specific educational curriculum.

Necrotizing fasciitis: case series and review of the literature on clinical and medico-legal diagnostic challenges.

Science.gov (United States)

Fais, Paolo; Viero, Alessia; Viel, Guido; Giordano, Renzo; Raniero, Dario; Kusstatscher, Stefano; Giraudo, Chiara; Cecchetto, Giovanni; Montisci, Massimo

2018-04-07

Necrotizing fasciitis (NF) is a life-threatening infection of soft tissues spreading along the fasciae to the surrounding musculature, subcutaneous fat and overlying skin areas that can rapidly lead to septic shock and death. Due to the pandemic increase of medical malpractice lawsuits, above all in Western countries, the forensic pathologist is frequently asked to investigate post-mortem cases of NF in order to determine the cause of death and to identify any related negligence and/or medical error. Herein, we review the medical literature dealing with cases of NF in a post-mortem setting, present a case series of seven NF fatalities and discuss the main ante-mortem and post-mortem diagnostic challenges of both clinical and forensic interests. In particular, we address the following issues: (1) origin of soft tissue infections, (2) micro-organisms involved, (3) time of progression of the infection to NF, (4) clinical and histological staging of NF and (5) pros and cons of clinical and laboratory scores, specific forensic issues related to the reconstruction of the ideal medical conduct and the evaluation of the causal value/link of any eventual medical error.

How to avoid liability litigation in courts – Suggestions from a German example

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Liebermeister, Hermann

2010-01-01

Full Text Available The medical art is difficult, its results can not always be predicted. After looking at TV, patients know more or think they know more about medicine. They tend to assume faulty diagnostics or treatment by their physician, if the good result promised by the news-media or by the doctor himself has not been obtained. The resulting litigation in court is time-consuming, causes a lot of paperwork and frequently leads to negative publicity for the doctor in the local news-media. Therefore, in 1975, the German Medical Associations in the different federal areas have founded expert committees to help solve this problem. These avoid negative publicity, heavy expenses and law-suits. Presidents of these committees are high-level judges – mostly retired – with experience in the field. They are masters of the procedure, choose the experts and formulate the final draft. This structure invalidates the understandable suspicion that physicians will protect each other or – as we say in Germany: “A crow will not hurt the eye of another one”. The system is now well accepted by liability insurances, lawyers and patients.

The IPA and the American Psychoanalytic Association: a perspective on the regional association agreement.

Science.gov (United States)

Wallerstein, R S

1998-06-01

Ever since 1938 the American Psychoanalytic Association has had a special autonomous relationship within the IPA accorded to no other component organisation. This Regional Association status has had two main features: (1) total internal control over training standards and membership criteria, with no accountability to the IPA; and (2) an 'exclusive franchise', so that the IPA was barred from recognising any other component within the United States. This unique Regional Association status reflected the resolution at the time (1938) of the long-standing controversy between the IPA and the American over the issue of 'lay analysis', and remained unaltered for half a century until, with the resolution of the 3 1/2-year long law-suit against the American (and secondarily against the IPA) in 1988, the Regional Association agreement was modified (but not totally abrogated) by the American's giving up the 'exclusive franchise' aspect (thus permitting IPA recognition of psychoanalytic groups in the US organised outside the American), but still retaining its internal full control over training and membership. The meanings and consequences for psychoanalysis of this special status of the American are explored.

STRUKTUR NALAR TEOLOGI ISLAM PERSPEKTIF JOSEF VAN ESS; ANALISA ATAS ORISINILITAS DAN KETERPENGARUHAN NALAR KALA>M

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Fahmy Farid Purnama

2015-12-01

Full Text Available Abstract: At the beginning, the development of kala>m tradition is to understand the activity of ‘thinking’ as a 'discussion', not an effort to 'proving' logically (demonstration. So the logical structure of Islamic theology functions as activities rhetorical-dialectic (dialectical theology. Rapidly, Kalam discourse intersection with Aristotle syllogism has brought a new dynamic in the face of Islamic theology. Although the development of logical structure of Islamic theology is quite dynamic, but according to Josef van Ess, the philosophy of Aristotle had never really 'conquered' the influence of Stoicism in designing Islamic theology. Discourse kala>m always confined within the framework of baya>ni. Kalam is being stuck in nalar baya>ni itself get various lawsuits. Qiya>s baya>ni considered cannot explain inimitable (incomparable at all, the reality of God. Epistemology study about kala>m done by Josef van Ess, gives an understanding that Islamic tradition has a distinctive character of its rationality. Thus, assuming no growth of rationality in Islam refuted itself. Nevertheless, kala>m cannot be separated from the affect of various shades of reasoning that develops in time Keywords: Kala>m, Mantiq (logika, Analogi, Silogisme, `Illat (middle term dan  Stoikisme

California's disposal plan goes nowhere fast

International Nuclear Information System (INIS)

Cohen, J.

1994-01-01

California desperately needs a place to store as much as 5.5 million cubic feet of low-level radioactive waste over the next 30 years. Ward Valley, a barren stretch of the Mojave Desert located some 250 miles east of Los Angeles, was supposed to be that place. Last year, trenches dug in the arid, seismically stable valley were supposed to be that place. Last year, trenches dug in the arid, seismically stable valley were supposed to begin holding wastes like the gadolinium-153 used to detect osteoporosis and the selenium-75 used to study proteins, as well as wastes from nuclear power plants. But construction crews haven't even begun to dig, because Ward Valley has become ground zero in the fierce national debate over radioactive waste disposal. Lawsuits filed by opponents, who fear the waste will contaminate the environment, and the intervention of influential politicians such as Sen. Barbara Boxer (D-CA) have blocked the Interior Department from selling the federally owned Ward Valley land to California to begin construction. As a result, universities, biotechnology companies, and hospitals may be stuck with wastes piling up at their institutions, which could have repercussions

Legal argumentation and judicial decision making: Empirical evidence from Ecuador

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José Luis Castro-Montero

2018-05-01

Full Text Available Legal scholars often analyze argumentation from a formal perspective, mostly applied to judicial decision making. This article presents an alternative approach, as it empirically evaluates the quality of petitioners’ legal argumentation within the context of abstract constitutional review proceedings. The quality of legal argumentation is herein defined as the ability of the petitioner to (i identify the challenged norm and the potentially infringed constitutional norm, (ii present clear and coherent arguments, and (iii justify its arguments upon legal sources, such as jurisprudential precedents or legal doctrine. Original data on forty lawsuits presented before the Ecuadorian Constitutional Court between 2008 and 2016 is used to test whether legal argumentation determines the outcome of a decision. A novel measure of the overall quality of argumentation and strength of cases brought before the Ecuadorian Constitutional Court by both public and private parties is also developed in the form of an expert survey. The main findings suggest that plaintiffs’ legal argumentation quality does not determine the outcome of the final decision of the Ecuadorian Constitutional Court, but rather the type of plaintiff (public or private does.

Contracts on electric power supply set up between communities (communal associations, countries) and public electricity utilities

Energy Technology Data Exchange (ETDEWEB)

Hedrich, B

1976-01-01

There is not any original communal right to energy supply for the population. The affiliation of local power supply to the local administration cannot be justified either by the public purpose of service or by the term provision of existence. The utilities do not get a communal license when getting the so-called licensing contract. According to its legal nature, the licensing contract is a mixture of legal positions composed of elements of the civil law and the public law. (Administrative lawsuit). The so-called power supply contract is a mutual legal relationship under civil law on the utilization of electric power, made to last. (Permanent obligation for utilization). When concluding both contracts, it is a matter of economic activities undertaken by the communities. Fiscal considerations are in the foreground. Legal regulations concerning roads and distances and serving as starting points for concluding a licensing contract are alien to the system and are to be abolished. Communities should only be responsible for local energy supply on a basis under public law. In lieu of it a stronger obligation to be met by large utilities ought to be ensured by ties under public law.

A conservation vent is not a safe substitute for a flame arrester

Energy Technology Data Exchange (ETDEWEB)

Siestrup, Francisco Hubertus Grosse [Protego Leser do Brasil Ltda., Rio de Janeiro, RJ (Brazil)

2009-07-01

For several decades state organizations and engineering societies have published strict engineering guidelines for the design and safe management of storage tanks. Storage tanks in refineries and chemical plants can contain flammable and hazardous chemicals. Accidents in these systems resulting from explosions can cause million dollar property loss and production interruption. In severe cases lawsuits may result and companies can even be driven into bankruptcy. This article focuses on tests which have been conducted by the PROTEGO Research and Development Group in Braunschweig, Germany. Latest research, in which conservation vents have been tested in accordance to the new ISO 16852 test method, have proven that conservation vents cannot be used to substitute a flame arrester if potentially explosive atmospheres are present in storage tanks. This research was conducted during the development of ISO 28300 and the test results are considered in this standard. This paper will prove that the use of conservation vents to protect tanks from atmospheric explosion is not a reliable protection method when the vapor/air mixtures in the tank have a concentration between the Upper and Lower Explosive Limits (UEL and LEL). This is very common for Ethanol storage which is globally in evidence. (author)

Apologies and Medical Error

Science.gov (United States)

2008-01-01

One way in which physicians can respond to a medical error is to apologize. Apologies—statements that acknowledge an error and its consequences, take responsibility, and communicate regret for having caused harm—can decrease blame, decrease anger, increase trust, and improve relationships. Importantly, apologies also have the potential to decrease the risk of a medical malpractice lawsuit and can help settle claims by patients. Patients indicate they want and expect explanations and apologies after medical errors and physicians indicate they want to apologize. However, in practice, physicians tend to provide minimal information to patients after medical errors and infrequently offer complete apologies. Although fears about potential litigation are the most commonly cited barrier to apologizing after medical error, the link between litigation risk and the practice of disclosure and apology is tenuous. Other barriers might include the culture of medicine and the inherent psychological difficulties in facing one’s mistakes and apologizing for them. Despite these barriers, incorporating apology into conversations between physicians and patients can address the needs of both parties and can play a role in the effective resolution of disputes related to medical error. PMID:18972177

The limits of science and technology

International Nuclear Information System (INIS)

Smidt, D.

1980-01-01

The state-of-the-art problem, which plays a major role as an undefined legal concept in lawsuits against nuclear facilities, was examined from various angles at the 6th German Nuclear Law Symposium held in Muenster. This contribution contains its treatment, from an engineer's point of view, for the benefit of lawyers and also of general experts in the field. The formula used in Sec. 7 of the German Atomic Energy Act to define the necessary provision against damage in a nuclear facility assigns to the scientist and the engineer leading roles in the licensing procedure. The piles of documents generated in the course of that procedure contain scientific and technical matters and are also evaluated by scientists and engineers. Lawyers, for the time being, restrict themselves to exercising certain control functions. The political top level of the licensing authority supports its decisions on grounds of a much more general nature. This is why scientists and engineers often find themselves the targets of criticism, labeled 'technocrats' for want of a more precise term. The article deals with the historic development of nuclear safety technology and its criteria and basic principles. (orig.) 891 GL/orig. 892 MKO [de

Risky business for dialysis services.

Science.gov (United States)

Schohl, Joseph

2010-05-01

When self-insured health plans and their third-party administrators pay an artificially low out-of-network rate for dialysis services, they could be liable for the difference between that rate and the reimbursement level provided for by their health plan. Paying a rate that the repricers advised them to pay does not relieve self-insured health plans and third-party administrators of that obligation; only where the repricer has legitimately secured a negotiated contract rate is a lower payment justified. [Editor's note: The term "repricer" has no universally-accepted or formal definition, but it will be used here to describe those companies formed to act as middlemen between health care payers-like self-insured employer plans and TPAs working on behalf of such plans-and health care providers.] Failing to adhere to this will result in lawsuits against self-insured health plans and third-party administrators where they will be forced to defend the repricers' recommended payment amounts, while the repricers try to get themselves dismissed. A better option for plan holders and third-party administrators would be to negotiate directly with the dialysis providers and agree upon a mutually acceptable rate.

Psychiatric legal investigation for sickness benefits due to disability at the Brazilian Federal Social Security Special Court in Florianópolis, capital city of the State of Santa Catarina, southern Brazil.

Science.gov (United States)

Figueredo, Roberto; Damas, Fernando Balvedi

2015-01-01

To describe the profile of insured individuals that filed claims for sickness benefits and compare the results of the administrative and legal investigations. This case series included 114 insured persons that filed lawsuits against the Brazilian National Institute of Social Security (Instituto Nacional de Seguridade Social, INSS). They underwent psychiatric examinations required by the Brazilian Federal Social Security Special Court in Florianópolis from August to December 2010. Mean age was 47 years, and participant age ranged from 24 to 64 years. Most insured individuals were women (79%), and most were employed (67.5%) and self-employed (26.5%) workers. Mean contribution time was 99.9 months, ranging from 8 to 352 months. Mean benefit duration was 20.4 months, ranging from 2 to 97 months. The most prevalent category of workers was service workers, store and supermarket salespeople (54.4%), followed by administrative workers (19.3%). Only 17 participants were found to be unable to work after benefit cessation, a 14.9% mismatch between administrative and legal investigations. The most frequent diagnoses were mood disorders (59.6%) and anxiety disorders (17.5%).

Psychiatric legal investigation for sickness benefits due to disability at the Brazilian Federal Social Security Special Court in Florianópolis, capital city of the State of Santa Catarina, southern Brazil

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Roberto Figueredo

2015-06-01

Full Text Available Objective: To describe the profile of insured individuals that filed claims for sickness benefits and compare the results of the administrative and legal investigations.Method: This case series included 114 insured persons that filed lawsuits against the Brazilian National Institute of Social Security (Instituto Nacional de Seguridade Social, INSS. They underwent psychiatric examinations required by the Brazilian Federal Social Security Special Court in Florianópolis from August to December 2010.Results: Mean age was 47 years, and participant age ranged from 24 to 64 years. Most insured individuals were women (79%, and most were employed (67.5% and self-employed (26.5% workers. Mean contribution time was 99.9 months, ranging from 8 to 352 months. Mean benefit duration was 20.4 months, ranging from 2 to 97 months. The most prevalent category of workers was service workers, store and supermarket salespeople (54.4%, followed by administrative workers (19.3%.Conclusions: Only 17 participants were found to be unable to work after benefit cessation, a 14.9% mismatch between administrative and legal investigations. The most frequent diagnoses were mood disorders (59.6% and anxiety disorders (17.5%.

Arguments completed in suit over Internet censorship.

Science.gov (United States)

1996-05-31

Closing remarks on the Communications Decency Act, requiring Internet providers to censor materials that may be unsuitable for minors, were heard on May 10, 1996. The American Civil Liberties Union (ACLU) is leading the challenge to the law. Because information about HIV necessarily must deal with sexual practices, HIV/AIDS service providers would be forced to either avoid talking about the subject or find ways to prevent minors from accessing the information. During the oral arguments, U.S. Justice Department attorney Anthony Coppolino tried to show that the Internet is more like a broadcast medium such as television or radio and is different from newspapers, which enjoy a constitutional protection against government censorship. ACLU attorney Christopher Hansen disagreed, saying the reverse is true. The ACLU said parental control mechanisms such as SurfWatch, Net Nanny, and Cyberpatrol are commercially available to parents who wish to restrict their children's Internet access and are more effective than the government's proposal. The court is expected to rule on the lawsuit in several weeks. An appeal to the U.S. Supreme Court is expected, regardless of the outcome.

Dispute Settlement Patterns on The Village Chief Election at Bondowoso Regency

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Fauziyah Fauziyah

2015-06-01

Full Text Available Village elections (Pilkades is a direct election procedure and mirrors implementation of democratic life in Indonesia. Article 37 and 38 of the regency Regional Regulation No. 7 of 2006 states that if the Pilkades process turns dispute, the dispute does not stop the next stage. The regency government normatively based on Article 37 guarantees the completion stage of the elections until the inauguration phase and form a team of supervisors who communicate with those who feel aggrieved to get agreement dispute resolution. Until this research is done, there is only one case submitted to the District Court, but then the plaintiffs draw their lawsuit. Dispute settlement pattern research was conducted through interviews and providing information to the bureaucrats and the judiciary in the area of dispute. The involvement of these parties is important that the results of this activity followed up by an independent institution in Pilkades dispute resolution with consideration of existing regional regulations. How To Cite: Fauziyah, F., & Praptianingsih, S. (2015. Dispute Settlement Patterns on The Village Chief Election at Bondowoso Regency. Rechtsidee, 2(1, 11-20. doi:http://dx.doi.org/10.21070/jihr.v2i1.8

Health sector regulation in Thailand: recent progress and the future agenda.

Science.gov (United States)

Teerawattananon, Yot; Tangcharoensathien, Viroj; Tantivess, Sripen; Mills, Anne

2003-03-01

This paper reviews the current system of regulation and assesses its effectiveness in the health-care system of Thailand. In order to achieve this, extensive documentary reviews were performed and supplemented by in-depth interviews. We found the existing regulatory framework to be fairly comprehensive with rules and roles firmly established. Regulations cover almost all relevant private and public organisations including individuals. However, the incomplete performance of regulatory functions was detected resulting in problems of overburdened staff and delays in performance of functions. Our recommendations propose the promotion of professional ethics and continuing education, an effort to narrow the gap between expectation and reality through public education, and the empowering of consumer organisations. The increasing popularity of medical lawsuits and professional insurance, which in part reflects the imperfect administration of the system, highlights the need for careful consideration of how best to handle the increase in complaints. The mapping of the regulatory system in this paper, together with the discussion of how to cope with the expansion of medicine as a business and with greater consumerism, will be of interest to other middle income countries that seek to reform and strengthen their regulatory system.

Practical applications of energy dispersive X-ray microanalysis in diagnostic oral pathology

International Nuclear Information System (INIS)

Daley, T.D.; Gibson, D.

1990-01-01

Energy dispersive X-ray microanalysis is a powerful tool that can reveal the presence and relative quantities of elements in minute particles in biologic materials. Although this technique has been used in some aspects of dental research, it has rarely been applied to diagnostic oral pathology. The purpose of this paper is to inform practicing dentists and oral specialists about the diagnostic potential of this procedure by presenting three case reports. The first case involved the identification of flakes of a metallic material claimed by a 14-year-old girl to appear periodically between her mandibular molars. In the second case, a periodontist was spared a lawsuit when a freely mobile mass in the antrum of his patient was found to be a calcium-phosphorus compound not related to the periodontal packing that had been used. The third case involved the differential diagnosis of amalgam tattoo and graphite tattoo in a pigmented lesion of the hard palate mucosa. The results of the analyses were significant and indicate a role for this technique in the assessment of selected cases. Potential for wider use of energy dispersive X-ray microanalysis in diagnostic oral pathology exists as research progresses

Geothermal District Heating Institutional Factors: The Klamath Falls Experience

Energy Technology Data Exchange (ETDEWEB)

Lienau, Paul J

1984-01-01

The city of Klamath Falls Geothermal District Heating System started to provide heat to 10 government buildings on March 20, 1984. This startup was two and one-half years after construction of the system was completed and the operation is scheduled for only a four-month test period. The delay was the result of citizens objecting to pumping and injecting geothermal fluids in the reservoir and was legally enforced by means of a city ordinance passed by the voters. This Initiative Ordinance essentially regulates the resource by requiring any additional water pumped from a geothermal well be returned to that same well. The state of Oregon filed a lawsuit against the city, claiming that state regulation preempted city action. The issue currently is in the Court of Appeals, after Klamath County Circuit Court ruled that the state was not preempted and the ordinance was valid and enforceable. Historical description of development that led up to these institutional and legal problems are discussed. Citizens objections and third party mitigation measures by means of reservoir engineering studies and public meetings are described. Lessons learned from the Klamath Falls experience are pointed out so future developments in other communities may benefit.

Risk management for noncombustion wastes

International Nuclear Information System (INIS)

Connor, K.K.; Rice, J.S.

1991-01-01

The Noncombustion Waste Risk Management Project is designed to incorporate the insights and information developed in these projects into tools that will help utilities make better noncombustion waste management decisions. Specific project goals are to synthesize information useful to utilities on noncombustion wastes, emphasize waste reduction as a priority over end-of-pipe management, develop methods to manage the costs and risks associated with noncombustion wastes (e.g., direct costs, permitting costs, liability costs, public relations costs), develop software and documentation to deliver the information and analysis methods to the industry. This project was initiated EPRI's Environment Division in late 1988. The early phases of the project involved gathering information on current noncombustion waste management practices, specific utility problems and concerns with respect to these wastes, current and potential future regulations, and current and emerging management options. Recent efforts have focused on characterizing the direct and indirect (e.g., lawsuits, remedial action) costs of managing these wastes and on developing and implementing risk management methods for a subset of wastes. The remainder of this paper describes the specific issues addressed by and the results and insights from the three completed waste-specific studies

A judicialização da saúde e os novos desafios da gestão da assistência farmacêutica Health litigation and new challenges in the management of pharmaceutical services

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Vera Lúcia Edais Pepe

2010-08-01

Full Text Available Os desafios para a gestão da assistência farmacêutica (AF provocados pelo fenômeno da judicialização da saúde vêm exigindo um tipo de atuação do gestor, administrativa e judicialmente diferenciada, no sentido de responder às ordens judiciais, evitar o crescimento de novas demandas, bem como preservar os princípios e as diretrizes do Sistema Único de Saúde (SUS. Este artigo se propõe a avançar na compreensão de um dos aspectos da judicialização da saúde, representado pelo intenso uso da via judicial para fornecimento de medicamentos, em especial, a relação deste mecanismo com a gestão da AF no SUS. A partir de revisão e análise das pesquisas disponíveis, realizadas em estados e municípios brasileiros, são abordados os principais elementos de interferência da "judicialização de medicamentos" no ciclo da AF, explicitando características comuns e divergentes desta demanda. Aponta, ao final, mecanismos possíveis de serem adotados na tomada de decisão neste âmbito, pelos gestores e profissionais do sistema de justiça, uma vez que a efetivação do direito à saúde só se realizará se no momento da tomada de decisão forem adotadas medidas, tanto por parte da gestão da AF como do Poder Judiciário, que certifiquem a segurança e a proteção dos usuários.Health litigation spurs many challenges in the management of pharmaceutical services. Performance of health managers and decisionmakers must be adjusted to new administrative and legal boundaries. Their actions must also be efficient in responding to ongoing lawsuits, as well as in avoiding additional litigation and in upholding principles and directives of the Brazilian Health System (SUS. This paper proposes to better understand one of the aspects of health litigation, namely the growing use of lawsuits demanding medicines, and the relationship between this phenomenon and pharmaceutical services management in SUS. Through review and analysis of available

Del hogar a los juzgados: reclamos familiares ante la Real Audiencia de Santafé a finales del período colonial (1800-1809.

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Catalina Villegas del Castillo.

2006-01-01

Full Text Available The law is an important source for the historic reconstruction of the family. Colombian historiography has tried to develop this kind of analysis under the premise that it is possible to identify the morality, customs and dominant institutions of the period in question, as well interpret the changes and transformations of historic processes, from the reigning norms of the period studied. These studies have brought to light the situation of women, mothers and wives in a country marked by a strong patriarchal tradition. This article, by contrast, studies the relationship between the family and the State through an examination of court cases. These sources complement the purely formal analysis, in that they allow us to identity how mothers, spouses and children used the dominant religious, moral, political and legal norms in order to defend their interests within the legal process. The court cases also helped establish the dominant models of women and men that judges of the era appealed to and defended in their judicial decisions. This article is based on an examination of lawsuits regarding food claims and opposition-to-marriage trials contained in the collection of Asuntos Civiles (Civil Matters, in the Colonial section of the Archivo General de la Nación.

Sexual Harassment in Casinos: Effects on Employee Attitudes and Behaviors.

Science.gov (United States)

Stedham, Yvonne; Mitchell, Merwin C.

1998-01-01

This study focuses on sexual harassment and job satisfaction, organizational commitment, and employee turnover among casino employees. It is the first study investigating sexual harassment in the gaming industry. Based on sex-role spillover theory it was expected that sexual harassment has less of an impact on casino employees than on employees in other industries. Six Reno, Nevada casinos participated in the study and 330 responses were generated from casino employees. The study results show that sexual harassment of and by casino employees is perceived to occur at about the same rate as in other industries. Sexually harassed employees were compared to employees who indicated that they had not been sexually harassed. Sexually harassed employees were less satisfied with their jobs and less committed to the organization. However, they were not more likely to quit their jobs. Sexually harassed employees tended to be younger, Caucasian, and in dealer positions. Hence, in addition to the well-publicized cost of sexual harassment lawsuits, the study shows that sexual harassment in casinos may well be the source of hidden costs important to human resources managers. A result of major interest was that employees who had been harassed held management responsible for not ensuring a work environment that is free of sexual harassment. Implications for casino management are discussed.

Public Interest Litigation in the Netherlands
A Multidimensional Take on the Promotion of Environmental Interests by Private Parties through the Courts

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Berthy van den Broek

2014-07-01

Full Text Available In the Netherlands, the administrative law system is traditionally seen as best suited for dealing with public interest-related lawsuits. Especially in the field of environmental law, NGOs seeking to promote broader environmental interests regularly initiate judicial procedures before administrative courts in order to challenge land-use plans, environmental permits and other types of public orders that may have adverse impacts on local natural habitats and/or the environment more generally. However, over the past five years a number of developments have resulted in a more restricted access to administrative courts for environmental NGOs. It has been suggested that these developments may result in an increased reliance on public interest-related procedures before civil courts. This raises the question of what position public interest-related claims, like those against Shell for oil pollution in the Niger Delta and those against the Dutch government for its alleged failure to implement adequate climate change policies, currently have within the Dutch system of civil procedure. It also raises the question whether environmental NGOs in practice do have the broad access to Dutch courts that is required by international obligations, and whether room for improvement should perhaps be sought in the civil law domain.

New evidence on the health hazards and control of metalworking fluids since completion of the OSHA advisory committee report.

Science.gov (United States)

Mirer, Franklin E

2010-08-01

Metalworking fluids (MWF) are used in the manufacture of engines, transmissions, chassis parts and other products. In 2003, OSHA denied a union petition to promulgate a standard for MWF. The 3rd Circuit Court of Appeals rejected a union lawsuit to compel OSHA to regulate MWF. OSHA relied exclusively on the 1999 Metal Working Fluids Standards Advisory Committee report, therefore, only evidence available before 1999 was quoted supporting the denial. This review was conducted to identify studies published since 1998. Electronic reference sources were queried for the terms for metalworking fluids, machining fluids, cutting fluids, cutting oils, coolants, machining, and machinist. All items returned were reviewed for relevance to MWF regulation. The review noted 227 reports in the peer reviewed literature directly relevant to regulation of MWF exposures. Of these, 26 addressed cancer; 58 respiratory effects; 32 skin effects or absorption; 45 microbial contaminants; and 76 exposure measurements and controls. Three major studies identified excess cancer including lung, liver, pancreatic, laryngeal, and leukemia associated with MWF exposures. Reports strengthened associations of asthma and hypersensitivity pneumonitis with recent exposure to MWF. Material new evidence demonstrates significant risks to material impairment of health at prevailing exposure levels and feasibility of lower exposure limits. Copyright 2010 Wiley-Liss, Inc.

Unstable networks among women in academe: the legal case of Shyamala Rajender.

Science.gov (United States)

Kohlstedt, S; Fischer, S

2009-01-01

Scientific networks are often credited with bringing about institutional change and professional advancement, but less attention has been paid to their instability and occasional failures. In the 1970s optimism among academic women was high as changing US policies on sex discrimination in the workplace, including higher education, seemed to promise equity. Encouraged by colleagues, Shyamala Rajender charged the University of Minnesota with sex discrimination when if failed to consider her for a tenure-track position. The widely cited case of this chemist was not, however, settled easily and involved nearly a decade of university grievance procedures and litigation that grew to a class action lawsuit. As the case gained national attention and internal resistance stiffened, the clusters of women who had been encouraging flickered, faded and sometimes regrouped. A negotiated settlement (consent decree) ended Rajender's case, and it opened the door for hundreds of other to present their grievances regarding gender discrimination. Networks and support groups proved important but also unstable for individuals who sought equity before and during the implementation of the decree. The Rajender case thus exposes the painful, balky and inevitably contentious process of fighting discrimination. It also demonstrates the power and limits of institutions and litigation, as well as the possibilities and disappointments of informal and formal women's networks.

ERRORS AND DIFFICULTIES IN TRANSLATING LEGAL TEXTS

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Camelia, CHIRILA

2014-11-01

Full Text Available Nowadays the accurate translation of legal texts has become highly important as the mistranslation of a passage in a contract, for example, could lead to lawsuits and loss of money. Consequently, the translation of legal texts to other languages faces many difficulties and only professional translators specialised in legal translation should deal with the translation of legal documents and scholarly writings. The purpose of this paper is to analyze translation from three perspectives: translation quality, errors and difficulties encountered in translating legal texts and consequences of such errors in professional translation. First of all, the paper points out the importance of performing a good and correct translation, which is one of the most important elements to be considered when discussing translation. Furthermore, the paper presents an overview of the errors and difficulties in translating texts and of the consequences of errors in professional translation, with applications to the field of law. The paper is also an approach to the differences between languages (English and Romanian that can hinder comprehension for those who have embarked upon the difficult task of translation. The research method that I have used to achieve the objectives of the paper was the content analysis of various Romanian and foreign authors' works.

Safe but controversial: A study of recent high-visibility spent fuel shipping campaigns

International Nuclear Information System (INIS)

Grimm, P.D.; Harmon, L.H.

1987-01-01

Since the need to move radioactive materials is at the core of every part of the fuel cycle, it is not surprising that the waste management program also has a critical transportation link. Yet, in spite of a nearly flawless safety record, transportation of spent fuel is an extremely controversial and emotional issue. There are reactions at every political level and pressures from special interest groups across the Nation. In many cases the courts make the final decisions. An example is the DOE program to move spent fuel from Brookhaven National Laboratory which took ten years to accomplish and wound up being decided by the U.S. Supreme Court. Two other DOE shipping campaigns now underway contain all of the same elements of controversy. About 35 - 40 rail shipments are intended to move the damaged Three-Mile Island core to DOE's Idaho facility. In addition, approximately 50 shipments of spent fuel will be made from the VEPCO plant at Surry, Virginia, to Idaho for use in testing above-ground storage methods. This paper traces the background of the campaigns and the controversies generated. Comparisons and contrasts of ''routine'' shipments of recent years with problems of today, including lawsuits to prevent shipment, are given along with implications for the future

Institut Pasteur v. United States: the AIDS patent dispute, the Contract Disputes Act and the international exchange of scientific data.

Science.gov (United States)

Singer, H L

1989-01-01

In the case of Institut Pasteur v. United States, the Institut Pasteur (Pasteur) claimed that the National Cancer Institute (NCI) had breached express and implied contracts to share research on AIDS virus samples provided to NCI by Pasteur. NCI scientists allegedly used the samples to acquire information which allowed NCI to file patent applications for an AIDS blood test kit. The United States Claims Court dismissed the complaint by holding that the Institut Pasteur had not complied with certain administrative procedures required by the Contract Disputes Act before bringing its suit. The United States Court of Appeals for the Federal Circuit reversed the decision of the Claims Court by holding that the disputed contracts did not fit within the scope of the Contract Disputes Act. Soon after the Court of Appeals decision, President Reagan and Prime Minister Chirac announced a settlement agreement whereby the lawsuit was to be dropped, American and French scientists were to share credit for having discovered the AIDS virus, and both parties to the suit were to share the patent rights for the AIDS blood test kit. This settlement suggest that international legal disputes involving urgent scientific and medical matters may require dispute resolution techniques that serve as alternatives to national courts.

Advocacy Coalition for Safer Sex in the Adult Film Industry: The Case of Los Angeles County's Measure B.

Science.gov (United States)

Cohen, Adam Carl; Tavrow, Paula; McGrath, Mark Roy

2018-05-01

Performers in the adult film industry are routinely exposed to bloodborne pathogens. In 2012, public health advocates in Los Angeles County convinced voters to pass a ballot initiative-Measure B-to mandate condom use on adult film sets. This article presents a case study of the advocacy coalition's strategies used to achieve greater workplace safety using the advocacy coalition framework. The authors were given access to all memoranda, market research, and campaign tools used to promote Measure B. To reconstruct adult film industry counterefforts, the authors reviewed trade publications, social media, and blog posts. When legislative efforts failed, advocates engaged in a step-by-step strategy built around voters to achieve passage of a ballot initiative mandating condom use for all adult films produced in Los Angeles County. Although the industry immediately filed a lawsuit after passage of Measure B, its constitutionality has been upheld. Measure B passed because public health advocates were able to assemble scientific evidence, build public support, counter false claims, and maintain consistent messages throughout the campaign. The adult film industry lacked social capital, cohesion, and nimbleness. To bolster regulatory efforts, appealing to voters to favor safe workplaces may be an effective advocacy strategy for other industries.

Environmental impact analysis: the first five years of the National Environmental Policy Act in the USA

Energy Technology Data Exchange (ETDEWEB)

Thorold, O

1975-11-01

The National Environmental Policy Act (NEPA) of 1969 was the first comprehensive law to subject decisions to an assessment of total environmental consequence and instill environmental attitudes throughout government. All agencies must submit impact projections of proposed as well as alternative actions. Twenty-one states have passed similar legislation. A review of the Act's provisions for oversight, court action, timing, content, and commenting procedures is followed by a five-year evaluation. Because NEPA is generally felt to be a realistic approach to decision making and not a substitute for other kinds of environmental control, Mr. Thorold feels the American experience has been positive and is worth modifying for other countries. The Act lacked a ''grandfather clause,'' which caused a difficult transition period while agencies coped with both new and existing projects and developed standards for identifying and reviewing impacts. As agencies recognized that delays from lawsuits often resulted from inadequate impact statements, the quality improved to meet the strict guidelines of the Council on Environmental Quality. Joint efforts of agencies, universities, consulting firms, and private groups have cooperated to improve environmental forecasting and promote full communication. The costs of preparing statements and those of abandoned projects are felt to be conservative when compared to the costs of pursuing inappropriate projects. (21 references) (DCK)

Assessing the perceived level of institutional support for the second victim after a patient safety event.

Science.gov (United States)

Joesten, Leroy; Cipparrone, Nancy; Okuno-Jones, Susan; DuBose, Edwin R

2015-06-01

The objective of this study was to establish a baseline of perceived availability of institutional support services or interventions and experiences following an adverse patient safety event (PSE) in a 650-bed children and adult community teaching hospital. Investigators queried associates about their experiences after a PSE, what institutional support services or interventions they perceived to be available, and how helpful used services were. The investigators used an online modified version of a PSE survey developed by several health related organizations in Boston. One hundred twenty evaluable surveys were analyzed. Sixty-eight percent of respondents were nurses, 99% of whom were female. Only 10% to 30% of respondents reported that various support services or interventions were actively offered, and 30% to 60% indicated that they were not available. Respondents reported having experienced several distressing symptoms after a PSE, most notably, troubling memories (56%) and worry about lawsuits (37%). Less than 32% "agreed" or "strongly agreed" that they could report concerns without fear of retribution or punitive action. More respondents experienced support from clinical colleagues (64%) than from their manager or department chair (38%). These results validate a need by associates for emotional support after a PSE and that associates' perception of available formal institutional support services or interventions is low.

Satellite Monitoring of Boston Harbor Water Quality: Initial Investigations

Science.gov (United States)

Sheldon, P.; Chen, R. F.; Schaaf, C.; Pahlevan, N.; Lee, Z.

2016-02-01

The transformation of Boston Harbor from the "dirtiest in America" to a National Park Area is one of the most remarkable estuarine recoveries in the world. A long-term water quality dataset from 1991 to present exists in Boston Harbor due to a $3. 8 billion lawsuit requiring the harbor clean-up. This project uses discrete water sampling and underway transects with a towed vehicle coordinated with Landsat 7 and Landsat 8 to create surface maps of chlorophyll a (Chl a), dissolved organic matter (CDOM and DOC), total suspended solids (TSS), diffuse attenuation coefficient (Kd_490), and photic depth in Boston Harbor. In addition, 3 buoys have been designed, constructed, and deployed in Boston Harbor that measure Chl a and CDOM fluorescence, optical backscatter, salinity, temperature, and meteorological parameters. We are initially using summer and fall of 2015 to develop atmospheric corrections for conditions in Boston Harbor and develop algorithms for Landsat 8 data to estimate in water photic depth, TSS, Chl a, Kd_490, and CDOM. We will report on initial buoy and cruise data and show 2015 Landsat-derived distributions of water quality parameters. It is our hope that once algorithms for present Landsat imagery can be developed, historical maps of water quality can be constructed using in water data back to 1991.

A method of handing down surgical clipping technique for cerebral aneurysm

International Nuclear Information System (INIS)

Idei, Masaru; Yamane, Kanji; Okita, Shinji; Kumano, Kiyoshi; Nakae, Ryuta

2009-01-01

Meticulous clipping techniques are essential to obtain good results. Recently, the introduction of intravascular surgery for cerebral aneurysms has decreased the number of the direct clipping surgeries. And the increasing number of the lawsuits against doctors further discourages young surgeons from attempting clipping. As a result, young neurosurgeons, have less experience performing clipping. Therefore, we must learn clipping techniques from expert neurosurgeons under the limitation of having fewer opportunities to perform clipping surgery. In this paper, I present my experiences and discuss ways to obtain techniques for clipping surgery. I performed surgical clipping in 19 cases, 12 unruptured and 7 ruptured aneurysms, 7 males and 12 females aged from 36 to 79 years old (mean 61.9 years). Postoperatively, there were no symptomatic complications, but there were 2 asymptomatic infarctions that were revealed on CT scan. Intraoperative premature rupture occurred in 1 patient with a ruptured aneurysm. Techniques of manipulation with micro-forceps, suction and spatula are required for successful clipping. Off-the-job training of dissecting chicken wing arteries and rat abdominal aortas and vena cavas is useful. Moreover, actual experiences of surgical operations are essential. Surgical experiences raise the motivation of young neurosurgeons and encourage them to train more. We believe that this benign cycle contributes to meticulous surgical skills. (author)

The influence of incomplete or unavailable information on environmental impact assessment in the USA

International Nuclear Information System (INIS)

Atkinson, Samuel F.; Canter, Larry W.; Ravan, Melanie D.

2006-01-01

One of the more common activities of environmental scientists in the United States is the preparation of environmental assessments or environmental impact statements in response to the mandates of the National Environmental Policy Act. The central thesis of this paper revolves around a frequent dilemma those scientists face: how to proceed with the environmental impact analysis when information on potential impacts is incomplete or unavailable. The paper examines how the 'hard look' standard that U.S. courts have imposed upon agencies considering proposed actions came about. Further, U.S. courts have said agencies cannot make arbitrary and capricious decisions when deciding to build a project, implement a plan, issue a permit or other give other approvals, and this paper discusses how the courts have defined what arbitrary and capricious decision are, especially when decisions are made when information about impacts is incomplete or unavailable. The paper examines why agencies win or lose lawsuits filed against the environmental assessments or environmental impact statements they write, focusing on those cases that have occurred after the Supreme Court ruled on the issue in 1989. The paper suggests recommendations to environmental scientists faced with incomplete or unavailable information when preparing an environmental assessment or environmental impact statement in the U.S

[Risk management for endoscopic surgery].

Science.gov (United States)

Kimura, Taizo

2010-05-01

The number of medical accidents in endoscopic surgery has recently increased. Surgical complications caused by inadequate preparation or immature technique or those resulting in serious adverse outcomes may be referred to as medical accidents. The Nationwide Survey of Endoscopic Surgery showed that bile duct injury and uncontrollable bleeding were seen in 0.68% and in 0.58%, respectively, of cholecystectomy patients; interoperative and postoperative complications in 0.84% and in 3.8%, respectively, of gastric cancer surgery patients; and operative complications in 6.74% of bowel surgery patients. Some required open repair, and 49 patients died. The characteristic causes of complications in endoscopic surgery are a misunderstanding of anatomy, handling of organs outside the visual field, burn by electrocautery, and injuries caused by forceps. Bleeding that requires a laparotomy for hemostasis is also a complication. Furthermore, since the surgery is usually videorecorded, immature techniques resulting in complications are easily discovered. To decrease the frequency of accidents, education through textbooks and seminars, training using training boxes, simulators, or animals, proper selection of the surgeon depending on the difficulty of the procedure, a low threshold for conversion to laparotomy, and use of the best optical equipment and surgical instruments are important. To avoid malpractice lawsuits, informed consent obtained before surgery and proper communication after accidents are necessary.

Radiation protection. Factors influencing compliance to referral guidelines in minor chest trauma

International Nuclear Information System (INIS)

Tack, Denis; Louage, Fabian; Muylem, Alain van; Howarth, Nigel; Gevenois, Pierre Alain

2018-01-01

To test the hypothesis that referral guidelines are not sufficiently known by prescribers and that medico-legal concerns could influence the prescription of radiographs in minor chest trauma. We submitted a questionnaire including a typical clinical history and questions on reasons for prescribing radiographs of the ribs in minor chest trauma to 112 prescriptors (33 residents, 18 surgeons, 7 internists, 24 general practitioners and 30 ER physicians). All accepted to participate. Comparisons were performed by Fisher's exact test followed by a post-hoc analysis and by a McNemar test. Fifty-eight percent of prescriptors proposed rib radiographs, most (89%) being unaware of the guidelines. Only 11% of them changed their intention to order radiographs after information on referral guidelines and radiation dose (P=0.057). The mean dose delivered by rib radiographs was 38 times higher than that of a chest X-ray. Legal and medico-legal concerns (requirements from insurance policies and avoidance of lawsuits) were the main reasons for requesting radiographs. Unsharpness of guidelines in addition to social and medico-legal issues, rather than medical reasons or the lack of knowledge of the guidelines, strongly influence the prescription of radiographs of the ribs in minor chest trauma. (orig.)

The 1990 Arthur Kill oil spills

International Nuclear Information System (INIS)

Astor, P.H.

1990-01-01

On January 1-2, 1990, Exxon discharged 567,000 gallons of No. 2 heating oil in the Arthur Kill, the strait separating Staten Island, New York from New Jersey. Lawsuits against Exxon were filed by the State of New Jersey, New York City, and the City of Elizabeth. They seek to force Exxon to reimburse the municipalities and the state for cleanup costs and to restore damaged wetlands and other natural resources. The three plaintiffs, joined by New York State and the federal government, initiated a three-tiered natural resource damage assessment study (Tier II), currently underway, includes sampling and chemical analysis of sediments and benthic invertebrates, mapping of impacted wetlands and measurement of direct impacts on water birds and their prey. The purposes of the study are to quantify the damages and determine the presence of Exxon's oil in the sediments. Since the Exxon spill, there have been two major spills and an intermediate-size spill. During the first size months of 1990, over one million gallons of petroleum products have been discharged into the Arthur Kill and nearby waters. This paper reports that a review of these incidents provides lessons for the prevention, investigation, and cleanup of spills in urban estuaries

Due inediti rotoli pergamenacei. L'Ordine Teutonico e la sua organizzazione archivistica al principio del XIV secolo

Directory of Open Access Journals (Sweden)

Barbara Bombi

2013-01-01

Full Text Available After a brief overwiew on the archival history of the Teutonic Order in the thirteenth and early fourteenth century, the article focuses on the problem of conservation practices and record keeping that the Order adopted during the period of displacement and reorganization of its archives. Two parchment rolls are analyzed, both preserved in the Geheimes Staatsarchiv Preussischer Kulturbesitz in Berlin and containing headings of mostly papal documents issued in favor of the Order in the thirteenth century. The first roll was drawn up at the beginning of the fourteenth century on the documents preserved in the Roman church of Santa Maria in Domnica: the roll is one of the last witnesses of the size of the Roman archive of the Order before its dispersion. The second roll was commissioned in 1318 by the procurator generalis of the Order in the Avignon Curia and was compiled to affirm, first of all, the lawsuit of the Teutonic Knights on rights in Livonia against the archbishop of Riga. The authors of this second roll used, in all probability, compilations made by the will of procuratores of the Order at the Papal Curia ​​in the thirteenth century and based on registers of Papal Chancery.

Infrastructures for healthcare: From synergy to reverse synergy.

Science.gov (United States)

Langhoff, Tue Odd; Amstrup, Mikkel Hvid; Mørck, Peter; Bjørn, Pernille

2018-03-01

The Danish General Practitioners Database has over more than a decade developed into a large-scale successful information infrastructure supporting medical research in Denmark. Danish general practitioners produce the data, by coding all patient consultations according to a certain set of classifications, on the entire Danish population. However, in the Autumn of 2014, the system was temporarily shut down due to a lawsuit filed by two general practitioners. In this article, we ask why and identify a political struggle concerning authority, control, and autonomy related to a transformation of the fundamental ontology of the information infrastructure. We explore how the transformed ontology created cracks in the inertia of the information infrastructure damaging the long-term sustainability. We propose the concept of reverse synergy as the awareness of negative impacts occurring when uncritically adding new actors or purposes to a system without due consideration to the nature of the infrastructure. We argue that while long-term information infrastructures are dynamic by nature and constantly impacted by actors joining or leaving the project, each activity of adding new actors must take reverse synergy into account, if not to risk breaking down the fragile nature of otherwise successful information infrastructures supporting research on healthcare.

Avoiding legal pitfalls in surrogacy arrangements.

Science.gov (United States)

James, Summer; Chilvers, Rebecca; Havemann, Dara; Phelps, John Y

2010-12-01

The goal of this article is to discuss the legal pitfalls that reproductive endocrinologists face when participating in gestational surrogacy contracts. This paper was composed using Westlaw and LexisNexis commercial legal search engines to perform a review of statutes and cases pertaining to gestational surrogacy. The search results demonstrated that in the absence of suitable preparation, there is significant potential for litigation while participating in gestational agreements. Providers caring for gestational carriers have been named as parties in lawsuits for failure to provide psychological screening, failure to screen for infectious disease and participation in gestational contracts that are not compliant with state law. There is great disparity in state laws and court rulings pertaining to gestational agreements. When legal disputes arise, individual state laws and court rulings are controlling over the Uniform Parentage Act. Likewise, recommendations by the American College of Obstetricians and Gynecologists and the American Society for Reproductive Medicine do not supersede state laws. The failure to abide by individual state laws unnecessarily exposes reproductive endocrinologists and their IVF facilities to potential litigation. In order to lessen exposure to litigation, an understanding of individual state legislation or historical court rulings is advised. Copyright © 2010 Reproductive Healthcare Ltd. Published by Elsevier Ltd. All rights reserved.

Nevada v. Herrington: an ineffective check on the DOE

International Nuclear Information System (INIS)

Karkut, J.E.

1988-01-01

In this decision, the United States Court of Appeals for the Ninth Circuit held that Nevada was entitled to Department of Energy (DOE) funding for certain hydrologic and geologic studies of the Yucca Mountain site. This site is located in Nye County, Nevada and could be selected as America's first high-level nuclear-waste repository. The studies' purpose is to provide independent state examination of the area's repository suitability. The court applied statutory construction principles to the Nuclear Waste Policy Act of 1982 (NWPA) to reach its decision. The decision has significance for its support of states' pre-site characterization funding rights, for the manner in which the court determined that DOE was not acting within the scope of the NWPA, and for underlying concerns left unaddressed. This Note provides background for and analysis of this decision. Factors necessitating the NWPA's passage are outlined, followed by a sketch of the events leading to this lawsuit. The court's review standard and NWPA analysis based on the statute's language and underlying congressional intent are explained. The decision is then analyzed and critiqued. Finally, a perspective viewing DOE as dangerously out of touch with NWPA statutory mandates and unrestrained in the repository selection process is expressed

Intelligence and Psychopathy Do Not Influence Malingering.

Science.gov (United States)

Demakis, George; Rimland, Casey; Reeve, Charlie; Ward, Jonathan

2015-01-01

This study examined the influence of psychopathy and intelligence on malingering in a simulated malingering design. We hypothesized that participants high in both traits would be more adept at evading detection on performance validity tests (PVTs). College students (N = 92) were first administered the Wechsler Test of Adult Reading, a reading measure that estimates intelligence, and the Psychopathic Personality Inventory-Short Form under standard conditions. They were then asked to imagine as if they had suffered a concussion a year ago and were instructed to fake or exaggerate symptoms in a believable fashion to improve their settlement as part of a lawsuit. Participants were subsequently administered a brief neuropsychological battery that included the Word Memory Test, Rey 15-Item Test with Recognition, Finger-Tapping Test, and Digit Span from the Wechsler Adult Intelligence Scale-Fourth Edition. Moderated multiple regressions with hierarchical entry were conducted. Intelligence, psychopathy, and the interaction of intelligence and psychopathy were not related to performance on any of the PVTs. In other words, participants who scored higher on intelligence and psychopathy did not perform differently on these measures compared with other participants. Though a null finding, implications of this study are discussed in terms of the broader research and clinical literature on malingering.

Off to the Courts? Or the Agency? Public Attitudes on Bureaucratic and Legal Approaches to Policy Enforcement

Directory of Open Access Journals (Sweden)

Quinn Mulroy

2018-04-01

Full Text Available A key curiosity in the operation of the American regulatory state lies with its hybrid structure, defined by centralized, bureaucratic approaches but also more decentralized actions such as lawsuits brought by private citizens in the courts. While current research on these two pathways focuses at the elite level—exploring how and why political actors and institutions opt for legal or administrative strategies for implementing different public policies—there is little research that examines public attitudes toward how policy is enforced in the U.S. Given that the public is a key partner in this process, this paper integrates public attitudes into the discussion, tapping into conceptions of “big government,” privatization, and the tort reform movement. Using original data from a series of vignette-based experiments included in the 2014 Cooperative Congressional Election Survey, we examine public preferences about how policy is regulated—by private citizens in the courts or by government officials in agencies—across a broad number of policy areas. We offer one of the first studies that adjudicates the boundaries of public attitudes on litigation and bureaucratic regulation in the U.S., offering implications for how elites might approach the design of policy implementation for different issue areas.

Legionella safety in cooling towers; Legionellaveiligheid in koeltorens

Energy Technology Data Exchange (ETDEWEB)

Kordes, B. [Kordes Advies, (Netherlands); De Bok, F. [KBBL Wijhe, (Netherlands); De Zeeuw, L. [Holland Environment Group, (Netherlands); Settels, P. [Safety, Health Services and Ergonomics, ING, (Netherlands); Oesterholt, F.; Wullings, B. [KWR Watercycle Research Institute, (Netherlands); Guiot, P. [Tevan, Gorinchem (Netherlands); Brands, R. [Cumulus Nederland, Cuijk (Netherlands); Nuijten, O. [Kennisinstituut ISSO, Rotterdam (Netherlands); Wijne, R. [Beer advocaten, Amsterdam (Netherlands)

2010-04-15

In 9 articles attention is paid to several aspects with regard to Legionella in cooling towers: representative sampling, the use of copper and silver ionization or hydrogen peroxide to prevent Legionella growth and biofilms, the use of a zero-tolerance model to control a cooling tower installation, detection of DNA of Legionella Pneumophila, legionella safety in air conditioners, the model Legionella risk analysis and control of cooling tower installations, legislation and regulations for the control of cooling tower installations with regard to the Dutch Occupational Health and Safety Act ('Arbo-wet'), and an article about a lawsuit for victims of a Legionella outbreak, caused by careless owners of a cooling tower in Amsterdam, Netherlands. [Dutch] In 9 artikelen wordt in deze aflevering aandacht besteed aan verschillende aspecten m.b.t. Legionella in koeltorens: representatieve monstername, de toepassing van koper en zilver-ionisatie of waterstofperoxide om de groei van Legionella en biofilms te voorkomen, het gebruik van een zero-tolerance model om een koeltoren installatie te controleren, detectie van DNA van Legionella Pneumophila, Legionella veiligheid in luchtbehandelingsinstallaties, het model Legionella risicoanalyse en beheersplan voor koeltoreninstallaties, de rol van de Arbo-wet, en een artikel over een rechtszaak voor slachtoffers van Legionella door onzorgvuldig beheer van een koeltoren in Amsterdam.

Insane defendants and forensic convicts: before and after the onset of the new forensic psychiatry network and the criminal justice system reform in Chile.

Science.gov (United States)

Cid, Rodrigo D

2010-09-01

Like other Latin American democratic societies, Chile is supposed to respect legal rights of mentally ill people who are in trouble with the law, and provide them protection, treatment and welfare. Therefore, in this decade, the Chilean Criminal Justice and Mental Health System has undergone significant changes. Because this article is related to the recent social features that involve different areas such as justice, mental health assistance and forensic psychiatry systems, and thereby the nonexistence of current literature that reviews this matter from a global perspective and its implications for the mental health population involved in the justice system, its review and analysis seems to be interesting. The 'New Forensic Psychiatry Network' (NFPN) has been putting in relevant efforts to offer proper treatment and forensic assessment taking into account the civil rights of mentally insane people, and the 'Criminal Justice System Reform' (CJSR) is making possible legal conditions for better justice ensuring a more just resolution of insane defendants' and mentally ill convicts' lawsuits. From the author's viewpoint, all these changes are leading to a deep cultural impact on a Chilean's mind, changing their vision of justice and how society should respect insane defendants' and mentally ill convicts' legal rights.

The rise and fall of the world's first fat tax.

Science.gov (United States)

Bødker, Malene; Pisinger, Charlotta; Toft, Ulla; Jørgensen, Torben

2015-06-01

In 2011, Denmark introduced the world's first tax on saturated fat, but only 15 months later the fat tax was abolished. The aim of this article is to investigate the political processes surrounding the implementation and rapid abolition of the fat tax. Our findings suggest that industry and trade associations were heavily involved in the political process of formulating the fat tax. Industry representatives used certain tactics to oppose the fat tax: threatening lawsuits, predicting welfare losses, casting doubt on evidence, diverting focus and requesting postponement. After the fat tax was implemented, the food industry continued their opposition through intensified lobbyism and juridical actions at EU level. However, other factors seem to have contributed to the fall of the fat tax. The tax received criticism for being poorly designed and gradually lost popularity among health professionals, politicians and the public. In the end, the fat tax was abolished for financial reasons. This study demonstrates how politicians considered the fat tax as a funding source rather than a public health initiative, which resulted in significant shortcomings. Furthermore, we demonstrate that the massive influence by industry stakeholders was not balanced with inputs from public health professionals, who should assume a more proactive role in policy-making. Copyright © 2015 Elsevier Ireland Ltd. All rights reserved.

The Application of Criminal Reconciliation in Tibetan Areas of Sichuan Province

Institute of Scientific and Technical Information of China (English)

RAN Hui

2014-01-01

agreement often included reli-gious content .After democratic reform , following the collapse of the political power of the tusi , and its replacement with a system of local administra-tive organizations on various levels ( including county, township and village level organizations ), judicial organs on various levels ( public security organs, the people′s procuratorate or the people′s court) the traditional system for conflict resolution was demolished .The institutions mentioned above were responsible for resolving different disputes and conflicts according to the national law .In or-der to have an overall understanding of present criminal reconciliation in the Tibetan areas of Si-chuan , we conducted an investigation by handing out questionnaires to the local people , staff in ju-dicial organs and monasteries , and also inter-viewed some administrative cadres from county and township administrations . This was done so as to understand their thoughts on and understanding of local criminal reconciliation .According to the in-vestigation , for those cases which have big impact in Tibetan areas and are difficult to solve , the main method was to combine the various strategies ( such as religious powers , administrative organi-zations at the basic levels ) to solve conflicts. Current criminal reconciliation practices in theTibetan areas of Sichuan include reconciliationsoutside lawsuits and reconciliation within lawsuits .Those in charge of reconciliation outside lawsuitsare other organizations.The judicial organs do notinvolve themselves, or if they are involved, theyonly play an auxiliary role.The basis and procedurefor dealing with conflicts basically does nothave legal attributes.There are generally two situationsregarding reconciliation outside lawsuits.The first situation is related to remote areas whereit is difficult to carry out national law.This is dueto the restrictions caused by natural geographicalconditions.The second situation is related to thelocal

PENGATURAN PRINSIP TRANSFER OF UNDERTAKING PROTECTION OF EMPLOYMENT (TUPE DALAM DUNIA KETENAGAKERJAAN INDONESIA (DIANTARA POTENSI DAN HAMBATAN

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Kadek Agus Sudiarawan

2015-12-01

Full Text Available This research is aimed identifying the advantages of the regulation of TUPE principles, as well as inhibiting factors for outsourcing companies to apply the TUPE principles after the Decision of the  Constitutional Court Number 27/PUU-IX/ 2011. The research was conducted by using normative-empirical method. The data of the research consisted of primary data and secondary data. All of the collected data were analyzed using qualitative method. The results of this research were presented in a descriptive analysis report. The results of the research indicated he advantages that could be obtained by workers in relation with regulation of the TUPE principles included protection of wages, welfare and working requirements, protection of workers when the company was taken over, protection of workers when there is a change of outsourcing company and regulation of the right to file a lawsuit to the industrial relations court. The inhibiting  factors in the application of the TUPE principles in the  outsourcing companies after the  Decision of Constitutional Court  were the lack of socialization and supervision of the government, various legal loopholes of discrepancies between the implementing regulation and  the Decision of Constitutional Court, uncertainty severance regulation, assumptions that TUPE was a new burden which may disadvantage employers, and the lack of understanding of the workers related to their rights.

The right to be informed and fear of disclosure: sustainability of a full error disclosure policy at an Italian cancer centre/clinic.

Science.gov (United States)

D'Errico, Stefano; Pennelli, Sara; Colasurdo, Antonio Prospero; Frati, Paola; Sicuro, Lorella; Fineschi, Vittorio

2015-04-01

The aim of this study was to investigate the behaviour of physicians in cases of medical error as well as the nature of the information that should be given to the patient and to ascertain whether it is possible to institute a full error disclosure policy. Data was collected through the completion of anonymous questionnaires by medical directors of the IRCCS CROB (the Oncology Centre of Basilicata, Italy). An anonymous questionnaire consisting of 15 questions was prepared and administered to all the physicians working at the IRCCS CROB - the Oncology Centre of Basilicata. The main aim of the research was to evaluate the feasibility of adopting a full disclosure policy and the extent to which such a policy could help reduce administration and legal costs. The physicians interviewed unanimously recognize the importance of error disclosure, given that they themselves would want to be informed if they were the patients. However, 50% have never disclosed a medical error to their patients. Fear of losing the patient's trust (33%) and fear of lawsuits (31%) are the main obstacles to error disclosure. The authors found that physicians were in favour of a full policy disclosure at the IRCCS CROB - the Oncology Centre of Basilicata. Many more studies need to be carried out in order to comprehend the economic impact of a full error disclosure policy.

States consider suit if DOE refuses spent fuel

International Nuclear Information System (INIS)

Zeyher, A.

1994-01-01

Michigan, Florida, and Minnesota were joined by Wisconsin on April 21 in the Nuclear Waste Strategy Coalition (NWSC), a group of utilities, state regulators, and state attorneys general that have banded together to decide what to do about the Department of Energy's apparent intention to renege on its obligation to begin taking title to spent nuclear fuel by January 31, 1998. According to Ronald Russell, a commissioner on the Michigan Public Service Commission and cofounder of the NWSC, another six states have expressed interest in joining the coalition. open-quotes We're looking at encouraging the DOE to step up to its legal responsibility to take nuclear spent fuel by 1998,close quotes Russell said. The objectives of the coalition include asking the DOE to support privatization of nuclear storage, to review the management of the final repository program in order to make it more efficient, and to identify legislative changes that the DOE might feel are necessary for it to accomplish its charge. The NWSC is also considering filing a lawsuit in response to the DOE's open-quotes anticipatory breach of an executory contract.close quotes The NWSC and others feel that the Nuclear Waste Policy Act of 1982 and the related standard contracts between the DOE and the utilities form a legal contract for the DOE to take the spent fuel on the agreed upon date

Complications: acknowledging, managing, and coping with human error.

Science.gov (United States)

Helo, Sevann; Moulton, Carol-Anne E

2017-08-01

Errors are inherent in medicine due to the imperfectness of human nature. Health care providers may have a difficult time accepting their fallibility, acknowledging mistakes, and disclosing errors. Fear of litigation, shame, blame, and concern about reputation are just some of the barriers preventing physicians from being more candid with their patients, despite the supporting body of evidence that patients cite poor communication and lack of transparency as primary drivers to file a lawsuit in the wake of a medical complication. Proper error disclosure includes a timely explanation of what happened, who was involved, why the error occurred, and how it will be prevented in the future. Medical mistakes afford the opportunity for individuals and institutions to be candid about their weaknesses while improving patient care processes. When a physician takes the Hippocratic Oath they take on a tremendous sense of responsibility for the care of their patients, and often bear the burden of their mistakes in isolation. Physicians may struggle with guilt, shame, and a crisis of confidence, which may thwart efforts to identify areas for improvement that can lead to meaningful change. Coping strategies for providers include discussing the event with others, seeking professional counseling, and implementing quality improvement projects. Physicians and health care organizations need to find adaptive ways to deal with complications that will benefit patients, providers, and their institutions.

COMPARATIVE EVIDENCE ABOUT KNOWLEDGE TRANSFER BETWEEN BRAZILIAN AND FOREIGN FRANCHISE COMPANIES

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Rogério Stival Morgado

2012-01-01

Full Text Available The objective of this study is to compare the process of transferring knowledge in franchising between Brazilian and international companies operating in Brazil. Franchising has shown an important phenomenon in many countries, with considerable evidence of growing globally. It is a new type of business organization as an object of academic research field offering great reviews, but also limitations as references and studies of depth of field. The traditional literature in management emphasis on franchising, in large part to its importance as a way to circumvent resource constraints, as their characteristics and definition of business practices among its different parts. The transfer of knowledge in franchising is still a gap especially among companies in different countries. In addition, we adopted a methodology that this study followed a qualitative research with in-depth interviews of franchisees. The results show that Brazilian firms oriented transfer of knowledge in franchising for more lawsuits based on tacit knowledge, thus using more informal and less number of transfer mechanisms in these processes. International companies operating in Brazil for franchising rely on formal processes with periodic meetings, training and technological resources, and therefore have a greater control over the process of transferring knowledge to the franchised units. Thus, this study seeks to help we better understand franchising, development processes and their expansion in emerging markets like Brazil.

PRIVATIZATION OF BRAZILIAN PRISONS: THE TWO SIDES OF THE CURRENCY

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Hilderline Câmara de Oliveira

2017-09-01

Full Text Available Since the beginning of the 1990s, in Brazil, privatization has proved to be an emergency exit to crisis of services that the State cannot offer efficiently, such as Education, Health, Transportation, and more recently Social Security. The agenda in question is now Public Safety. Failing to meet the demand for lawsuits that pass through the Judiciary, Brazilian prisons are becoming increasingly overcrowded; the services lagged; Constant rebellions, high crime rate, denial of human rights and structural violence, glaring. Thus, this article aims to reflect on both sides of the 'currency' of prisons privatizations in the Brazilian scenario. He used the research with a qualitative approach and bibliographical character with the support of theoretical references from the specialized literature in the area, besides the technical documents, official reports from the Government and NGOs that carry out social control works. The research has shown that privatization seems to be the best way out in the short term and can solve a number of social problems, but how can one think of the profitable return that all privatization requires if its main objective is to reduce the target population? So either this alternative will create a market that, if it turns out, will end itself, or we will end up creating an even more perverse logic of incarceration.

Federal coal lease readjustments: will reason prevail

Energy Technology Data Exchange (ETDEWEB)

Margolf, C W

1988-01-01

After 1920, when the US Congress passed the Mineral Lands Leasing Act (MLLA), coal owned by the Federal government could only be developed by leasing under the MLLA. Most Federally owned coal is in the west, where the Federal government enjoys a near monopoly in coal ownership and its development. In 1976, congress enacted the Federal Coal Leasing Amendments ACT (FCLAA), over President Ford's veto, in order to: increase rents and royalties on Federal coal leases; force lessees holding Federal coal leases not in production to open mines on the non-producing leases; and end 'speculation' in Federal coal leases. The book maintains that in passing the FCLAA, Congress did not understand the western coal industry, and neither did the Department of the Interior (DOI) in concluding that Congress had mandated that the FCLAA must be applied to pre-FCLAA leases, even those in production, when such leases are readjusted. In the resulting lawsuits, the western coal industry has not been explained to the Federal courts and the decisions regarding the applicability of the FCLAA upon readjustment of pre-FCLAA leases have consequently been wrong. The book examines the record to date and aims to demonstrate the validity of these conclusions. It also describes which actions the DOI should have taken to accomplish the objectives of congress set forth in the FCLAA, to readjust pre-FCLAA leases without litigation.

Pengecualian terhadap Penerapan Asas Ultra Petitum Partium dalam Beracara di Pengadilan Agama

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Mrs. Hartini

2012-02-01

Full Text Available A judge must examine and adjudicate all charges thoroughly on the lawsuit brought to the court. The judge should not only examine and adjudicate part of the charge and disregard the rest. On the other hand, judge in his/her adjudication is prohibited to accede above the suit brought by the parties. This prohibition is called ultra petitum partium. A judge who accedes in excess of the suit partium is considered to be exceeding his/her authority. In Religious Court proceedings, the implementation of ultra petitum partium principle is an exception in several types of cases. In the procedure of divorce (cerai talak, a judge may grant something not demanded by wife either in the petition of divorce or in the reconvention by charging certain obligations upon the husband, which is the wife’s right as the consequence of the separation. In the procedure of divorce, judge may order a preliminary injunction even if such injunction is not demanded. The argument that justifies the judge’s action is the Marriage Act and the procedural law in the Act on Religious Court is a lex specialis stipulation, judge as judge made law must dig into the values of life, and the judge may execute contra legem action if the stipulation in an article considered to be in contradiction with justice and benefit.

Cancer surgeons' distress and well-being, II: modifiable factors and the potential for organizational interventions.

Science.gov (United States)

Guest, Rebecca S; Baser, Ray; Li, Yuelin; Scardino, Peter T; Brown, Arthur E; Kissane, David W

2011-05-01

We showed in a companion paper that the prevalence of burnout among surgical oncologists at a comprehensive cancer center was 42% and psychiatric morbidity 27%, and high quality of life (QOL) was absent for 54% of surgeons. Here we examine modifiable workplace factors and other stressors associated with burnout, psychiatric morbidity, and low QOL, together with interest in interventions to reduce distress and improve wellness. Study-specific questions important for morale, QOL, and stressors associated with burnout were included in an anonymous Internet-based survey distributed to the surgical faculty at Memorial Sloan-Kettering Cancer Center. Among the 72 surgeons who responded (response rate of 73%), surgeons identified high stress from medical lawsuits, pressure to succeed in research, financial worries, negative attitudes to gender, and ability to cope with patients' suffering and death. Workplace features requiring greatest change were the reimbursement system, administrative support, and schedule. Work-life balance and relationship issues with spouse or partner caused high stress. Strongest correlations with distress were a desire to change communication with patients and the tension between the time devoted to work versus time available to be with family. Surgeons' preferences for interventions favored a fitness program, nutrition consultation, and increased socialization with colleagues, with less interest in interventions conventionally used to address psychological distress. Several opportunities to intervene at the organizational level permit efforts to reduce burnout and improve QOL.

Malpractice and radiologists, update 1986: an 11.5-year perspective

International Nuclear Information System (INIS)

Berlin, L.

1986-01-01

All medical malpractice lawsuits filed in Cook County, IL, from January 1, 1980, through June 30, 1986, were reviewed and compared with similar data for the period of January 1, 1975, through December 30, 1979. A total of 11,203 suits were filed during the 11.5-year period; of these, 1391 (12%) were radiology related. The latter were categorized into six groups. The largest was missed radiologic diagnoses, which accounted for 40% of the total. The remaining groups included complications, 19%; failure to order, 17%; radiation therapy, 11%; slip and fall, 5%; and miscellaneous, 8%. Over the 1975-1986 period, the rise in the number of suits alleging radiologic misses outpaced all other groups. Although the most common type of miss continues to involve fractures, the frequency of missed carcinomas has grown at a disproportionately faster rate. Misses specifically involving CT, nuclear medicine, and sonography also are becoming more prevalent. Radiographic misses continue to occur at an average rate of 30%, with little hope of improvement. Methods to combat the rising number of malpractice suits are discussed. It is concluded that although programs to educate radiologists on risk management should continue, the ultimate solution may be a more enlightened public attitude as to what actually constitutes malpractice, and institution of tort reform measures by federal and state legislatures

La traduzione della parola altrui nel discorso giudiziario italiano e spagnolo, tra mediazione e ricodificazione

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Giovanni Garofalo

2012-10-01

Full Text Available This paper deals with the use of reported speech (RS in Spanish criminal lawsuits (querellas and police reports (denuncias and argues about the most suitable strategies to translate such RS into Italian. In line of principle, the written record of the statements made by the individual(s who filed the complaint is often the result of an oral cooperation between the plaintiff and the police officer and/or their attorney, whose subjectivity is reflected on the texts in a quite different fashion in the two legal cultures. The so-called ‘verbatim assumption’ of quotations in direct speech (DS turns out to be a fallacy in the discussed genres, insofar as the locutor (i.e. the police officer or the attorney responsible for the drafting of the document often normalizes the original utterances of the enunciator (i.e. the plaintiff whose point of view is represented in the report in terms of cohesion, register and sentence length. Usually, these texts are translated following a strictly ‘interlinear approach’, so much so as to result almost illegible. An adequate command  of genre conventions – both in the source and in the target language – and the abidance by the translation universals of simplification and explicitation may help the translator produce a more efficient and readable target text, consistent with the expectations of a jurist in the target culture.

[Uterine subrogation: medical and legal aspects of the first legally supported case in Argentina].

Science.gov (United States)

Urquiza, M Fernanda; Carretero, Inés; Quaini, Fabiana Marcela; Inciarte, Florencia; Pasqualini, R Agustín; Pasqualini, R Sergio

2014-01-01

A woman aged 38 was referred to this center for surrogacy treatment, after subtotal ablation of her uterus due to a severe postpartum hemorrhage. Her hormonal profiles and ovarian structure were normal. The husband proved fertile and semen analysis was normal. The carrier, a woman 39 years old, fertile with two children of her own, and a long bonding friendship with the patient. After hormonal stimulation with gonadotropins and GnRH antagonist, six mature oocytes were obtained. These originated four embryos after in vitro fertilization, three of which were transferred to the carrier, achieving a singleton pregnancy which led to the birth of a normal child, now more than a year old. A lawsuit was filed after birth requesting the baby be registered with the biological parents name. The judge granted the request based on evidence and testimonies provided, international jurisprudence history and specification in Article 19 of the Argentine Constitution: "No inhabitant of the Nation shall be obliged to do what the law does not demand .nor be deprived of what it does not prohibit". This is an almost ideal example of the proceedings in a case of subrogation. However, we must always bear in mind the fact that in our country there is as yet no regulatory framework for these treatments, therefore there is a high probability of conflict.

The difficulties of conducting maternal death reviews in Malawi

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van den Broek Nynke

2008-09-01

Full Text Available Abstract Background Maternal death reviews is a tool widely recommended to improve the quality of obstetric care and reduce maternal mortality. Our aim was to explore the challenges encountered in the process of facility-based maternal death review in Malawi, and to suggest sustainable and logically sound solutions to these challenges. Methods SWOT (strengths, weaknesses, opportunities and threats analysis of the process of maternal death review during a workshop in Malawi. Results Strengths: Availability of data from case notes, support from hospital management, and having maternal death review forms. Weaknesses: fear of blame, lack of knowledge and skills to properly conduct death reviews, inadequate resources and missing documentation. Opportunities: technical assistance from expatriates, support from the Ministry of Health, national protocols and high maternal mortality which serves as motivation factor. Threats: Cultural practices, potential lawsuit, demotivation due to the high maternal mortality and poor planning at the district level. Solutions: proper documentation, conducting maternal death review in a blame-free manner, good leadership, motivation of staff, using guidelines, proper stock inventory and community involvement. Conclusion Challenges encountered during facility-based maternal death review are provider-related, administrative, client related and community related. Countries with similar socioeconomic profiles to Malawi will have similar 'pull-and-push' factors on the process of facility-based maternal death reviews, and therefore we will expect these countries to have similar potential solutions.

Assessment of Prospective Physician Characteristics by SWOT Analysis.

Science.gov (United States)

Thira, Woratanarat; Patarawan, Woratanarat

2012-01-01

Thailand is one of the developing countries encountering medical workforce shortage. From the national registry in 2006, there were 33 166 physicians: 41.5% worked in the government sector, 21.6% worked in the private sector, and the remaining worked in non-medical fields. There is no current data to confirm the effectiveness of the national policy to increase physician production. We demonstrate our findings from the strength, weakness, opportunity, and threat (SWOT) analysis in medical students and the potential impact on national workforce planning. We introduced SWOT analysis to 568 medical students during the 2008-2010 academic years, with the objective of becoming "a good physician in the future". Pertinent issues were grouped into 4 categories: not wanting to be a doctor, having inadequate medical professional skills, not wanting to work in rural or community areas, and planning to pursue training in specialties with high salary/low workload/low risk for lawsuit. The percentages of medical students who described themselves as "do not want to be a doctor" and "do not want to work in rural or community areas" increased from 7.07% and 25.00% in 2008 to 12.56% and 29.65% in 2010, respectively. Further intervention should be considered in order to change the medical students attitudes on the profession and their impact on Thai health system.