Medical Negligence : An Overview

Directory of Open Access Journals (Sweden)

Bratin Kumar Dey

2017-04-01

Full Text Available Medical professionals are treated as next to God. They provide humanitarian services and gives solace to individuals suffering from various diseases and disorders. Due to their great service to humanity, the doctors and medical professionals are treated with reverence and since the ancient times the medical profession has been considered as a noble profession. However with the passage of time, there has been a change in the doctor - patient relationship. During the last few decades a number of incidents have come to light in which the patients have suffered due to the error and inadvertent conduct of doctors. Due to the increasing conflicts and legal disputes between the doctors and patients, most of the legal systems have developed various rules and principles to deal with such inadvertent behavior of doctors. This has led to the development of a new branch of jurisprudence, i.e. medical negligence. Hence, any negligence on part of the medical professional would be treated as either a tort of negligence or a deficiency in service under Consumer Protection Act, 1986. As the profession involves the idea of an occupation requiring purely intellectual skills or of manual skills controlled by the intellectual skill of the operator, it is distinctively different from an occupation, which is substantially production or sale or arrangement for the production or sale of commodities. Medicine is a highly complex domain. It is difficult for consumer laws to review medical negligence cases with flawless technical clarity and accuracy. Thus medical negligence is not purely a matter of consideration for judiciary but also the technical inputs of specialized experts in the field have substantial weightage while deciding the case of medical negligence against doctors. The present paper is devoted to introvert inspection of negligence in medical profession in the light of existing laws with more emphasis on the interpretation of consumer protection law by

Basics of elder law and legal liabilities of negligence and malpractice for physicians as they apply to individuals with disabilities.

Science.gov (United States)

Ullman, David; Zuller, Michael E

2005-02-01

This article provides information regarding the issues that physicians face when dealing with elderly patients with cognitive deficits. It includes a discussion of basic legal terms and concepts that medical personnel should understand, various difficulties encountered by patients and families in crisis situations, and how the legal system deals with these issues. It concludes with a general discussion of the legal liabilities of negligence and malpractice.

Medical negligence

African Journals Online (AJOL)

Enrique

19. SA JOURNAL OF RADIOLOGY • August 2004. Abstract. The progress made in diagnostic and therapeutic medicine has resulted in an increase in the number of malprac- tice suits brought against medical practitioners. To constitute negligence it must be shown that the conduct of the accused did not measure up to the.

Medical negligence and the law.

Science.gov (United States)

Murthy, K K S R

2007-01-01

After the Consumer Protection Act, 1986, came into effect, a number of patients have filed cases against doctors. This article presents a summary of legal decisions related to medical negligence: what constitutes negligence in civil and criminal law, and what is required to prove it.

THE LIABILITY FORMS OF THE MEDICAL PERSONNEL.

Science.gov (United States)

Bărcan, Cristian

2015-01-01

Current legislation, namely Law no. 95/2006 on healthcare reform in the medical malpractice domain stipulates that medical staff can be held accountable in the following forms: disciplinary liability, administrative liability, civil liability and criminal liability. Each form of legal liability presents its features, aspects that are found mainly in the procedural rules. However, the differences between the various legal forms of liability are not met only in the procedural rules but also in their effects and consequences. It is necessary to know what the procedure for disciplinary responsibility, administrative liability, civil liability, or criminal liability is. In addition to the differentiation determined by the consequences that may arise from the different forms of legal liability, it is important to know the competent authorities to investigate a case further and the solutions which various public institutions can take regarding the medical staff. Depending on the type of legal liability, authorities have a specialized authority. If the Disciplinary Committee is encountered at the College of Physicians, it may not intervene in cases before the monitoring and competence for malpractice cases Committee. The latter two committees cannot intervene directly in the legal assessment of civil or criminal cases, as no criminal investigation authorities cannot intervene in strictly civilian cases. Therefore, the importance of knowing the competent institutions is imperative.

[Medical negligence in surgery: 112 cases retrospective analysis].

Science.gov (United States)

Xiang, Jian; Chang, Lin; Wang, Xu; Zhang, Feng-Qin

2013-06-01

To explore the general characteristics of medical negligence in surgery in order to provide the reference for forensic practices. One hundred and twelve cases of medical negligence in surgical department were retrospectively analyzed in Fada Institute of Forensic Medicine and Science from 2008 to 2010. The common types of medical negligence cases in the surgery were improper operation procedure (28.57%), failure of consent (26.79%), and inadequate monitoring (22.32%). The results of complications included disability or functional impairment (61.61%), death (31.25%) and transient impairment with no obvious adverse reactions (7.14%). The most common roles played by the medical negligence cases were minor role (26.79%), equal role (19.64%), and slight role (14.29%). Significant attention should be paid to the operation procedure, consent, and monitoring. It should be cautious to not make assessment on involvement degree of medical negligence.

Medical negligence--prevention and management.

Science.gov (United States)

Chao, T C

1987-04-01

The rising spate of malpractice cases against doctors appearing in the press and annual reports of medical insurance companies causes concern. Are our doctors more careless or is the public more conscious of litigation? A well publicized malpractice case can ruin the doctor's career and practice. It is well worth a doctor's while to know the pitfalls and learn how to prevent them, and if a mistake happens, how to manage it. Not all mistakes amount to negligence. How will the court view these cases? Some local cases are cited to illustrate the difference between misadventure and negligence. They will serve as guidelines for good medical practice.

A proposal for limited criminal liability in high-accuracy endoscopic sinus surgery.

Science.gov (United States)

Voultsos, P; Casini, M; Ricci, G; Tambone, V; Midolo, E; Spagnolo, A G

2017-02-01

The aim of the present study is to propose legal reform limiting surgeons' criminal liability in high-accuracy and high-risk surgery such as endoscopic sinus surgery (ESS). The study includes a review of the medical literature, focusing on identifying and examining reasons why ESS carries a very high risk of serious complications related to inaccurate surgical manoeuvers and reviewing British and Italian legal theory and case-law on medical negligence, especially with regard to Italian Law 189/2012 (so called "Balduzzi" Law). It was found that serious complications due to inaccurate surgical manoeuvers may occur in ESS regardless of the skill, experience and prudence/diligence of the surgeon. Subjectivity should be essential to medical negligence, especially regarding high-accuracy surgery. Italian Law 189/2012 represents a good basis for the limitation of criminal liability resulting from inaccurate manoeuvres in high-accuracy surgery such as ESS. It is concluded that ESS surgeons should be relieved of criminal liability in cases of simple/ordinary negligence where guidelines have been observed. © Copyright by Società Italiana di Otorinolaringologia e Chirurgia Cervico-Facciale, Rome, Italy.

Handling medical negligence: necessity of a proper system

Directory of Open Access Journals (Sweden)

Nuwadatta Subedi

2017-12-01

Full Text Available The issue of medical negligence has been catching attention of many people nowadays. With advancement of technology in medical field, many incurable diseases of past time can now be managed well at the cost of burdening expenditure. This   has resulted in obvious expectations to the patient and their families that any ailment can be cured from the medical procedures and therapies. When these expectations are not met in terms of complications or death of the near ones, people get frustrated and tend to allege health care providers against medically negligent.Negligence are of two types; civil negligence where the doctors are alleged to have lost simple degree of care and attention to the patients thereby causing damage whereas in criminal negligence, the doctors grossly deviate from the standard of care and competence or perform activities which are understood prima facie as a crime, for eg: performing criminal abortion, organ transplantation against the law etc.Whatever the type of negligence, there are legal measures to file complaint against the doctors who are alleged to have caused negligence. Gone are the days when people regarded doctors near to gods. Medical service also falls under the consumer protection act where the patients are the consumers and medical personnel, the service providers. The patients have rights to get quality medical service under this act. If the patients or their relatives are dissatisfied with the medical service rendered to them by the health care providers, they have the right to lodge complaint to the compensation committee of the district in which chief district officer (CDO is the chairman in each district. If there is an issue of criminal negligence, the complaint can also be filed in the concerned court.In some circumstances, when the patient develops complications or dies, the attendants accuse the doctors for the failure in treatment and protest in the hospital premises rather than opting the legal way

Negligence--When Is the Principal Liable? A Legal Memorandum.

Science.gov (United States)

Stern, Ralph D., Ed.

Negligence, a tort liability, is defined, discussed, and reviewed in relation to several court decisions involving school principals. The history of liability suits against school principals suggests that a reasonable, prudent principal can avoid legal problems. Ten guidelines are presented to assist principals in avoiding charges of negligence.…

Modern negligence law: Contribution of the medical cases.

Science.gov (United States)

Hodgson, John

The law on medical negligence is part of the law of negligence generally. It has played a significant part in developing two key aspects of the law. There are special rules to determine the standard of care expected of experts when advising and solving problems, and medical cases have largely shaped the law. Although cases on causation may arise in any area, several of the key cases happen to be medical ones. They are particularly likely to assist where there are alternative causes, as it is often difficult to distinguish the effects of disease from those of inappropriate treatment.

Medical negligence: Indian legal perspective

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Amit Agrawal

2016-01-01

Full Text Available A basic knowledge of how judicial forums deal with the cases relating to medical negligence is of absolute necessity for doctors. The need for such knowledge is more now than before in light of higher premium being placed by the Indian forums on the value of human life and suffering, and perhaps rightly so. Judicial forums, while seeking to identify delinquents and delinquency in the cases of medical negligence, actually aim at striking a careful balance between the autonomy of a doctor to make judgments and the rights of a patient to be dealt with fairly. In the process of adjudication, the judicial forums tend to give sufficient leeway to doctors and expressly recognize the complexity of the human body, inexactness of medical science, the inherent subjectivity of the process, genuine scope for error of judgment, and the importance of the autonomy of the doctors. The law does not prescribe the limits of high standards that can be adopted but only the minimum standard below which the patients cannot be dealt with. Judicial forums have also signaled an increased need of the doctors to engage with the patients during treatment, especially when the line of treatment is contested, has serious side effects and alternative treatments exist.

Medical records and issues in negligence

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Joseph Thomas

2009-01-01

Full Text Available It is very important for the treating doctor to properly document the management of a patient under his care. Medical record keeping has evolved into a science of itself. This will be the only way for the doctor to prove that the treatment was carried out properly. Moreover, it will also be of immense help in the scientific evaluation and review of patient management issues. Medical records form an important part of the management of a patient. It is important for the doctors and medical establishments to properly maintain the records of patients for two important reasons. The first one is that it will help them in the scientific evaluation of their patient profile, helping in analyzing the treatment results, and to plan treatment protocols. It also helps in planning governmental strategies for future medical care. But of equal importance in the present setting is in the issue of alleged medical negligence. The legal system relies mainly on documentary evidence in a situation where medical negligence is alleged by the patient or the relatives. In an accusation of negligence, this is very often the most important evidence deciding on the sentencing or acquittal of the doctor. With the increasing use of medical insurance for treatment, the insurance companies also require proper record keeping to prove the patient′s demand for medical expenses. Improper record keeping can result in declining medical claims. It is disheartening to note that inspite of knowing the importance of proper record keeping it is still in a nascent stage in India. It is wise to remember that "Poor records mean poor defense, no records mean no defense". Medical records include a variety of documentation of patient′s history, clinical findings, diagnostic test results, preoperative care, operation notes, post operative care, and daily notes of a patient′s progress and medications. A properly obtained consent will go a long way in proving that the procedures were

Liability versus innovation: the legal case for regenerative medicine.

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Keren-Paz, Tsachi; El Haj, Alicia J

2014-10-01

Medical innovation occupies a position somewhere between standard practice and clinical research, but innovation is primarily intended to benefit an individual patient where standard treatment fails. Medical innovations in the area of regenerative medicine have the potential to completely transform medical practice, but rely upon some major revision to the nature of treatments beyond drug-based therapies. There is considerable investment in scientific and clinical research, but further attention could be paid to legal barriers to medical innovation imposed by the threat of medical malpractice. We survey in this article the legal framework for making determinations of medical malpractice in general, and highlight the issues specific to innovative treatments. In essence, liability could be imposed for failing to adequately inform the patient about the innovative nature of the suggested therapy or based on the fact that the risks outweighed the benefits. As for the latter, we examine whether liability is likely to be based merely on deviating from existing practice or on an examination on the merits of the treatments' risks and benefits. The facts that some risks are unforeseeable and some benefits are external to the patient complicate negligence determinations. The first fact relates to the problem of judging adverse events in hindsight; the second, to the obligation to make decisions based on the patient's best interest and avoid conflict of interests. In addition, we evaluate the relationship between the obligations to secure the patient's informed consent and to avoid clinical negligence. We identify the need for further research to examine the significance of the putative anti-innovation bias that current liability regimen has, and to examine whether a move to strict liability might avoid such bias, while being fair to patients who contribute for the advancement of medical knowledge by participating in innovative therapies.

The decline of judicial deference to medical opinion in medical negligence litigation in Malaysia.

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Kassim, Puteri Nemie J

2008-06-01

The decision of the Federal Court of Malaysia in abandoning the Bolam principle in relation to doctor's duty to disclose risks has clearly marked the decline of judicial deference to medical opinion in medical negligence litigation in Malaysia. It is undeniable that the Bolam principle has acted as a gatekeeper to the number of claims against medical practitioners. This has always been seen as necessary to protect the society from unwanted effects of defensive medicine. However, will these changes contribute significantly to the growth of medical negligence cases in Malaysia? This article will trace the development of the Bolam principle in medical negligence litigation in Malaysia since 1965 and analyse the influence of selected Commonwealth cases on the development. The implications of the Federal Court ruling will also be discussed.

The College Professor's Professional Liability

Science.gov (United States)

Griggs, Walter S.; Rubin, Harvey W.

1977-01-01

The growing number of professional liability suits against professors warrants a close examination of the need for and provisions of available insurance coverage. The evolution of tort liability, the question of negligence, and the professional liability policy are discussed. (LBH)

43 CFR 29.7 - Imposition of strict liability.

Science.gov (United States)

2010-10-01

... LIABILITY FUND § 29.7 Imposition of strict liability. (a) Notwithstanding the provisions of any other law... prove that the damages were caused by an act of war or by the negligence of the United States or other... negligence of such damaged party. (c)(1) Strict liability for all claims arising out of any one incident...

Educators' Negligence: What, Why, and Who's Responsible?

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Dunklee, Dennis R.; Shoop, Robert J.

1988-01-01

The authors define negligence and cite specific examples where teachers were found accountable for their negligent actions related to their profession. They report results of an informal study of teacher knowledge of tort liability that indicate educators should be more knowledgeable about education law. Recommendations are included. (CH)

Children in Civil Law: The Tort of Negligence.

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Sheehy, N. P.; Chapman, A. J.

1984-01-01

Examines judgments involving children under the tort of negligence, using All England Law Reports for 1939 to 1983 and some cases from other countries. Discusses "contributory negligence,""parental liability,""responsibility,""allurement," and "res-ipsa loquitur." Suggests more use of developmental…

["The severe degree of negligence" and its application in the settle of medical malpractice].

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Wang, You-Min; Zhang, Qin-Chu

2006-04-01

To found the quantifiable index of "The severe degree of negligence" in describing the general severity degree of medical malpractice or medical dispute. "The severe degree of negligence" can be calculated by the way of multiplying the coefficient of medical malpractice's grade by the coefficient of responsibility degree. There are 15 grades of "The severe degree of negligence" through calculation, from the severest degree of 1 to the lightest degree of 20. "The severe degree of negligence" can give an order of severe degree to different grade and different responsibility of medical malpractice. According to this order, the operation of medical malpractice and medical dispute settle will be easier and more rationality.

Medicolegal Investigation of Medical Negligence in India: A Report of Forensic Autopsy Case

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Raktim Pratim Tamuli

2016-01-01

Full Text Available In general negligence means failure to take proper care over something and according to law negligence means breach of a duty of care which results in damage. Medical negligence is not very uncommon; every now and then cases of medical negligence are reported in the electronic media. Medical Negligence is doing something that one is not supposed to do, or failing to do something that one is supposed to do. Role of Forensic Pathologist in cases of Medical Negligence is always unquestionable. Forensic Pathologists need to explore and maintain a high degree of transparency between the doctors, patients and the law enforcing agencies. In the present case, a person was attacked by a wild animal and he fell down on a rough surface. Immediately he was rushed to a local hospital. The treating doctor stitched the external injury and allowed him to go home; he neither advised any investigation nor kept him under observation to rule out any internal injury. After 12 hours the victim succumbed to death. At autopsy a fractured skull with underlying subdural haemorrhage was noticed. Was not the treating doctor negligent in this case? Were the protocols followed? What should be the role of a Forensic Pathologist in such kind of cases?

Medical negligence | Otto | SA Journal of Radiology

African Journals Online (AJOL)

The progress made in diagnostic and therapeutic medicine has resulted in an increase in the number of malpractice suits brought against medical practitioners. To constitute negligence it must be shown that the conduct of the accused did not measure up to the standard of care the law required of him in the particular ...

Negligence: What You Need To Know To Avoid Liability.

Science.gov (United States)

Russo, Charles J.; Fericks, Donald J.

1996-01-01

To help educators understand their legal responsibilities when supervising students, this article reviews the elements of negligence (duty, breach, injury, and causation) an injured party must prove to hold an educator or school system legally accountable. The article also reviews basic defenses to negligence: immunity, comparative/contributory…

Medical liability and health care reform.

Science.gov (United States)

Nelson, Leonard J; Morrisey, Michael A; Becker, David J

2011-01-01

We examine the impact of the Affordable Care Act (ACA) on medical liability and the controversy over whether federal medical reform including a damages cap could make a useful contribution to health care reform. By providing guaranteed access to health care insurance at community rates, the ACA could reduce the problem of under-compensation resulting from damages caps. However, it may also exacerbate the problem of under-claiming in the malpractice system, thereby reducing incentives to invest in loss prevention activities. Shifting losses from liability insurers to health insurers could further undermine the already weak deterrent effect of the medical liability system. Republicans in Congress and physician groups both pushed for the adoption of a federal damages cap as part of health care reform. Physician support for damages caps could be explained by concerns about the insurance cycle and the consequent instability of the market. Our own study presented here suggests that there is greater insurance market stability in states with caps on non-economic damages. Republicans in Congress argued that the enactment of damages caps would reduce aggregate health care costs. The Congressional Budget Office included savings from reduced health care utilization in its estimates of cost savings that would result from the enactment of a federal damages cap. But notwithstanding recent opinions offered by the CBO, it is not clear that caps will significantly reduce health care costs or that any savings will be passed on to consumers. The ACA included funding for state level demonstration projects for promising reforms such as offer and disclosure and health courts, but at this time the benefits of these reforms are also uncertain. There is a need for further studies on these issues.

Medical negligence- Meaning and Scope in India

OpenAIRE

L Kumar; BK Bastia

2011-01-01

It is a principle recognized by our as well as by other legal systems that ignorance of the law is no excuse for violating it. The rule is also expressed in the form of a legal presumption that everyone knows the law. It is the duty of every man to know that part of it which concerns him. A doctor, in particular, is conclusively presumed to know the law, and is dealt with as if he did know it, because in general he can and ought to know it. In the matter of professional liability, the medical...

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

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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)

The changing face of medical negligence law: from Bolam to Bolitho.

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Sooriakumaran, Prasanna

2008-06-01

The Bolam test was the standard by which medical negligence cases were judged. However, recently, the Bolitho case has resulted in a shift away from Bolam, with significant effects for all future negligence suits. Doctors need to have a thorough understanding of these issues in order to practice successfully in the current litiginous climate.

A study on the civil liability of radiological technologist in medical malpractice

International Nuclear Information System (INIS)

Lim, Chang Seon

1995-01-01

Recently the suits for medical malpractice are gradually increasing in this country. The main purpose of this study is to excavate the most suitable theories about civil liabilities on medical malpractice by radiological technologist. To solve the above-mentioned problems in medical malpractice, I have proceeded to make a survey of traditional theories and tried to excavate the most suitable theories for our medical circumstances among those theories. Both domestic and foreign relevant professional literatures and legal cases were investigated in this study. Several important findings of this study are as follows. First, the nature of legal interrelationship between radiological technologist and physician(or the representative of a hospital) is to define the content of employment. But in the eye of medical law, the interrelationship between radiological technologist and physician is written that radiological technologist should be directed by physician. Second, the nature of legal interrelationship between patient and physician(or the representative of a hospital) is to define the content of legal obligation of physician(or the representative of a hospital), and radiological technologist execute his obligation as proxy for physician. Therefore, patient can not clame any legal right to radiological technologist. Third, radiological technologist has the obligation of Due Care in medical practice. Fourth, on the medical malpractice by radiological technologist the civil liability can be treated as either tortious liability or contractual liability, and physician (or the representative of hospital) take the responsibility for the damage compensation. In this case, physician has the right of indemnity to radiological technologist. But it should be dinied or extremely limited

Forensic evaluation of medical liability cases in general surgery.

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Moreira, H; Magalhães, T; Dinis-Oliveira, Rj; Taveira-Gomes, A

2014-10-01

Although medical liability (disciplinary, civil and criminal) is increasingly becoming an issue, few studies exist, particularly from the perspective of forensic science, which demonstrate the extent to which medical malpractice occurs, or when it does, the reasons for it. Our aims were to evaluate the current situation concerning medical liability in general surgery (GS) in Portugal, the reasons for claims, and the forensic evaluations and conclusions, as well as the association between these issues and the judicial outcomes. We analysed the Medico-Legal Council (CML) reports of the National Institute of Legal Medicine and Forensic Sciences of Portugal related to GS during 2001-2010. The judicial outcomes of each case were requested from the Public Prosecutor Office (PPO) and the court. Alleged cases of medical liability in GS represented 11.2% of the total cases analysed by the CML. We estimated that in Portugal, 4:100,000 surgeries are subject to litigation. The majority of complaints were due to the patient's death (75.4%), with laparoscopic cholecystectomy surgeries representing 55.2% of cases. In 76.1% of the cases, the CML believed that there was no violation of legesartis and in 55.2% of cases, no causal nexus was found between the medical practice and the alleged harm. The PPO prosecuted physicians in 6.4% of the cases and resulted in one conviction. Finally, the importance of the CML reports as a relevant technical-scientific tool for judicial decision was evident because these reports significantly (p < 0.05) influenced the prosecutor's decision, whether to prosecute or not. © The Author(s) 2013 Reprints and permissions: sagepub.co.uk/journalsPermissions.nav.

Craniofacial Surgery and Adverse Outcomes: An Inquiry Into Medical Negligence.

Science.gov (United States)

Svider, Peter F; Eloy, Jean Anderson; Folbe, Adam J; Carron, Michael A; Zuliani, Giancarlo F; Shkoukani, Mahdi A

2015-07-01

This study aimed to evaluate factors contributing to medical negligence relevant to craniofacial surgery. Retrospective analysis of verdict and settlement reports on the Westlaw legal database for outcome, awards, physician defendants, and other specific factors raised in malpractice litigation. Of 42 verdicts and settlement reports included, 52.4% were resolved with either an out-of-court settlement or plaintiff verdict, with aggregate payments totaling $50.1M (in 2013 dollars). Median settlements and jury-awarded damages were $988,000 and $555,000, respectively. Payments in pediatric cases ($1.2M) were significantly higher. Plastic surgeons, oral surgeons, and otolaryngologists were the most commonly named defendants. The most common alleged factors included intraoperative negligence (69.0%), permanent deficits (54.8%), requiring additional surgery (52.4%), missed/delayed diagnosis of a complication (42.9%), disfigurement/scarring (28.6%), postoperative negligence (28.6%), and inadequate informed consent (20.6% of surgical cases). Failure to diagnose a fracture (19.0%) and cleft-reparative procedures (14.3%) were the most frequently litigated entities. Medical negligence related to craniofacial surgery involves plaintiffs in a wide age range as well as physician defendants in numerous specialties, and proceedings resolved with settlement and plaintiff verdict involve substantial payments. Cases with death, allegedly permanent injuries, and pediatric plaintiffs had significantly higher payments. © The Author(s) 2015.

12 CFR 229.38 - Liability.

Science.gov (United States)

2010-01-01

... affect a paying bank's liability to its customer under the U.C.C. or other law. (b) Paying bank's failure... provision, but not both. (c) Comparative negligence. If a person, including a bank, fails to exercise... person under § 229.38(a) shall be diminished in proportion to the amount of negligence or bad faith...

Sports coaching and the law of negligence: implications for coaching practice

OpenAIRE

Partington, Neil

2016-01-01

The ordinary principles of the law of negligence are applicable in the context of sport, including claims brought against volunteer and professional coaches. Adopting the perspective of the coach, this article intends to raise awareness of the emerging intersection between the law of negligence and sports coaching, by utilising an interdisciplinary analysis designed to better safeguard and reassure coaches mindful of legal liability. Detailed scrutiny of two cases concerning alleged negligent...

CIVIL LIABILITY OF DOCTORS AND THEIR INSURANCE (MALPRACTICE

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Gârbo Viorica Irina

2013-07-01

Full Text Available Malpractice insurance of medical staff is probably the oldest professional liability insurance underwritten in the insurance market in Romania. The aim of our research is to theoretically examine in a qualitative inquiry the usefulness of insurance completion by the practitioners from the Romanian health system at both state and private, in order to improve a best practice medical insurance. The medical profession is practiced in Romania under the Code of Medical Ethics 30 March 2012 prepared in code that complies with international standards contained in the Geneva Declaration of 1948, as amended by the World Medical Association and the International Code of Medical Ethics. The forms of medical liability are: disciplinary, administrative, civil and criminal and only the civil liability can be taken into insurance because only it meets the conditions of insurability. Once we explain in general and the insurance liability in particular we show articles of the Romanian Civil Code which establishes the obligation the one that caused an injury to a third person for the repair or indemnify and conditions provided by the Civil Code as an act to be considered liability. Then we refer to situations where the patient may be damaged through the fault of the doctor or the doctor unit operates. The object of malpractice insurance is loss of money that the insured would have to pay a patient whom he caused injury as a result of acts or deeds of negligence committed to, during and in relation to professional activity. Risks taken in the insurance are personal injury, illness or death of the patient and / or moral damages. Regarding the excluded risks we have presented an overview of the more common contracts underwritten by Romanian insurance companies. We show the way of underwriting, the insured sums of the standard insurance and the additional one which subscribes moral damages, to companies in Romania agreed by bodies which organize and supervise the

Negligence in securing informed consent and medical malpractice.

Science.gov (United States)

Perry, C

1988-01-01

The doctrine of informed consent requires that the patient must act voluntarily and in the light of adequate information in order to give legally valid consent to medical care. Different models have been developed by various courts to determine whether the informational requirement, what the physician must disclose to the patient about the potential risks of the proposed treatment, has been met under the tort theory of negligence. To prevail, the patient plaintiff must show that a particular jurisdiction's disclosure standard has been breached, that harm has resulted, and that the defendant physician's negligent failure to discuss certain risks was causally responsible for the patient's failure to withhold consent. Perry discusses possible problems of redundancy or inconsistency concerning the relationship between different models for disclosure and causality, and notes that these problems may have serious implications for patient autonomy.

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

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.

Contractual medical liability in Portugal and Macao

Directory of Open Access Journals (Sweden)

Rui Miguel Prista Patrício Cascão

2016-09-01

Full Text Available Liability of healthcare providers can be framed under the theory of contract in the law of Portugal and Macao, to obtain compensation for injury suffered by aggrieved patients, as a result of medical adverse events. However, shortcomings in the law, court practice and literature lead to some uncertainty in adjudication. This article aims at reducing said uncertainty, setting forward a clear-cut adjudication paradigm, while recommending legal reform.

Clinical errors and medical negligence.

Science.gov (United States)

Oyebode, Femi

2013-01-01

This paper discusses the definition, nature and origins of clinical errors including their prevention. The relationship between clinical errors and medical negligence is examined as are the characteristics of litigants and events that are the source of litigation. The pattern of malpractice claims in different specialties and settings is examined. Among hospitalized patients worldwide, 3-16% suffer injury as a result of medical intervention, the most common being the adverse effects of drugs. The frequency of adverse drug effects appears superficially to be higher in intensive care units and emergency departments but once rates have been corrected for volume of patients, comorbidity of conditions and number of drugs prescribed, the difference is not significant. It is concluded that probably no more than 1 in 7 adverse events in medicine result in a malpractice claim and the factors that predict that a patient will resort to litigation include a prior poor relationship with the clinician and the feeling that the patient is not being kept informed. Methods for preventing clinical errors are still in their infancy. The most promising include new technologies such as electronic prescribing systems, diagnostic and clinical decision-making aids and error-resistant systems. Copyright © 2013 S. Karger AG, Basel.

Liability in nuclear establishments

International Nuclear Information System (INIS)

Bockli, H.R.

1980-01-01

The paper gives a history of safety legislation in nuclear plants. A change has been suggested to the present law which would put total liability for damage or injury on the owner of the plant. This new legislation is being introduced in Switzerland. It covers even natural disasters as well as acts of war, but excludes injuries caused through negligence or irresponsibility of employee, however, third party injured as a consequence is to be compensated. The liability stretches over 30 years after the event. (G.R.S.)

Tort Liability of School Districts, Officers, and Employees

Science.gov (United States)

Knowles, Laurence

1972-01-01

Discusses the tactics of tort litigation in the public area, and outlines 1972 State and Federal court cases involving such tort liability issues as (1) governmental immunity, (2) negligence and foreseeability, (3) assumption of risk, (4) contributory negligence, and (5) independent intervening cause. (JF)

Liability for medical malpractice--recent New Zealand developments.

Science.gov (United States)

Sladden, Nicola; Graydon, Sarah

2009-03-01

Over the last 30 years in New Zealand, civil liability for personal injury including "medical malpractice" has been most notable for its absence. The system of accident compensation and the corresponding bar on personal injury claims has been an interesting contrast to the development of tort law claims for personal injury in other jurisdictions. The Health and Disability Commissioner was appointed in 1994 to protect and promote the rights of health and disability consumers as set out in the Code of Health and Disability Services Consumers' Rights. An important right in the Code, in terms of an equivalent to the common law duty to take reasonable care, is that patients have the right to services of an appropriate standard. Several case studies from the Commissioner's Office are used to illustrate New Zealand's unique medico-legal system and demonstrate how the traditional common law obligation of reasonable care and skill is applied. From an international perspective, the most interesting aspect of liability for medical malpractice in New Zealand is its relative absence - in a tortious sense anyway. This paper will give some general background on the New Zealand legal landscape and discuss recent case studies of interest.

Dental negligence.

Science.gov (United States)

Tay, C S

2000-02-01

Medical and dental errors and negligence are again in the spotlight in recent news report. Dead because of doctor's bad handwriting Prescribing drug overdoses Germ-infested soap pumps--infections in hospitals This articles explains dental negligence including dental duty of care and the standard of care expected of dentists in relation to the Bolam principle.

Introduction to the Tort of Negligence as It Pertains to the Medical Office. Medical Law and Economics, Lesson Plan No. 3.

Science.gov (United States)

Young, Joan

Designed as part of a 40-hour course in medical law and economics, this lesson plan was developed to enable students to: (1) define and give examples of the tort of negligence in the medical profession; (2) distinguish between and give examples of personal and professional negligence; (3) be able to identify, for a given situation, the three major…

They're Suing Us? Liability and Risk Management.

Science.gov (United States)

Hollander, Patricia A.

1982-01-01

Legal issues in liability for and prevention of injuries through negligence are discussed: proving negligence, who is owed a duty of care, who may be sued, remedies, risk management (shifting risk, insurance, indemnification, waivers and releases), and preventing claims (warning of known danger, proper supervision, school maintenance, security,…

Medical negligence and res ipsa loquitur in South Africa | Patel ...

African Journals Online (AJOL)

The inter-relationship between Medicine and Law is most commonly brought to the fore by cases involving medical negligence. This relationship needs to protect all parties concerned based on the probability of reasonableness in terms of who performs the act as well as the patient affected by the act in question. The res ...

An Examination of Negligence, Assumption of Risk, and Risk Management in Outdoor Recreation.

Science.gov (United States)

Teague, Travis L.

This paper stresses the outdoor recreation and education professionals should understand aspects of liability, negligence, and risk management. There are four elements that must be present if a person or organization is to be considered negligent: the presence of a legal duty of care, a breach of duty, proximate cause, and actual damages. When…

Evaluating the medical malpractice system and options for reform.

Science.gov (United States)

Kessler, Daniel P

2011-01-01

The U.S. medical malpractice liability system has two principal objectives: to compensate patients who are injured through the negligence of healthcare providers and to deter providers from practicing negligently. In practice, however, the system is slow and costly to administer. It both fails to compensate patients who have suffered from bad medical care and compensates those who haven't. According to opinion surveys of physicians, the system creates incentives to undertake cost-ineffective treatments based on fear of legal liability--to practice "defensive medicine." The failures of the liability system and the high cost of health care in the United States have led to an important debate over tort policy. How well does malpractice law achieve its intended goals? How large of a problem is defensive medicine and can reforms to malpractice law reduce its impact on healthcare spending? The flaws of the existing system have led a number of states to change their laws in a way that would reduce malpractice liability--to adopt "tort reforms." Evidence from several studies suggests that wisely chosen reforms have the potential to reduce healthcare spending significantly with no adverse impact on patient health outcomes.

48 CFR 252.247-7007 - Liability and insurance.

Science.gov (United States)

2010-10-01

... harmless from, bodily injury and death of persons, resulting either in whole or in part from the negligence..., contributed jointly with the fault or negligence of the Contractor in causing such damage, injury, or death...-insurer under applicable provision of law. (2) Bodily injury liability insurance in an amount of not less...

University Liability for Sports Injuries.

Science.gov (United States)

Rieder, Robert W.; Woodruff, William B., Jr.

1993-01-01

Analyzes sports injury claims against colleges and universities in recent years to help administrators better understand and minimize liability risks for certain curricular and cocurricular activities. Reviews court cases in areas of duty of care and negligence and proximate cause, and discusses defenses. (Author/NB)

48 CFR 352.228-7 - Insurance-liability to third persons.

Science.gov (United States)

2010-10-01

... not caused by the negligence of the Contractor or the Contractor's agents, servants, or employees, and... represents in its offer that it is partially immune from tort liability as a State agency, the Contracting... tort liability as a State agency, the Contracting Officer shall substitute the following paragraphs (a...

Hindsight bias and outcome bias in the social construction of medical negligence: a review.

Science.gov (United States)

Hugh, Thomas B; Dekker, Sidney W A

2009-05-01

Medical negligence has been the subject of much public debate in recent decades. Although the steep increase in the frequency and size of claims against doctors at the end of the last century appears to have plateaued, in Australia at least, medical indemnity costs and consequences are still a matter of concern for doctors, medical defence organisations and governments in most developed countries. Imprecision in the legal definition of negligence opens the possibility that judgments of this issue at several levels may be subject to hindsight and outcome bias. Hindsight bias relates to the probability of an adverse event perceived by a retrospective observer ("I would have known it was going to happen"), while outcome bias is a largely subconscious cognitive distortion produced by the observer's knowledge of the adverse outcome. This review examines the relevant legal, medical, psychological and sociological literature on the operation of these pervasive and universal biases in the retrospective evaluation of adverse events. A finding of medical negligence is essentially an after-the-event social construction and is invariably affected by hindsight bias and knowledge of the adverse outcome. Such biases obviously pose a threat to the fairness of judgments. A number of debiasing strategies have been suggested but are relatively ineffective because of the universality and strength of these biases and the inherent difficulty of concealing from expert witnesses knowledge of the outcome. Education about the effect of the biases is therefore important for lawyers, medical expert witnesses and the judiciary.

Strict liability as a legal mechanism protecting the aggrieved parties' interests within the nuclear liability regime

International Nuclear Information System (INIS)

Novotna, Marianna

2016-01-01

The no-fault liability principle of nuclear liability regime, its compensation schemes, sociological and legal grounds of its construction as well as liberation grounds are analysed. The simple existence of causation of damage and nuclear accident without necessity of proving negligence or any other type of fault on the part of the operator as an adequate basis for the operator’s strict liability is highlighted thus simplifying the litigation process eliminating potential obstacles, especially such as might exist with the burden of proof. The question of weighing the interests of society in the development of nuclear industry, the necessary extent of protection of victims of nuclear accidents and the interests of operators of nuclear facilities as main determinants of the strict nature of nuclear liability is also described. (orig.)

Negligence, genuine error, and litigation

OpenAIRE

Sohn DH

2013-01-01

David H SohnDepartment of Orthopedic Surgery, University of Toledo Medical Center, Toledo, OH, USAAbstract: Not all medical injuries are the result of negligence. In fact, most medical injuries are the result either of the inherent risk in the practice of medicine, or due to system errors, which cannot be prevented simply through fear of disciplinary action. This paper will discuss the differences between adverse events, negligence, and system errors; the current medical malpractice tort syst...

Progress in Medicine: Compensation and medical negligence in India: Does the system need a quick fix or an overhaul?

Directory of Open Access Journals (Sweden)

Meghana S Chandra

2016-01-01

Full Text Available In a recent judgment on medical negligence, the Supreme Court awarded compensation amounting to Rs. 11 crore to a victim, which was to be paid by the doctors and the private hospital deemed responsible for the wrongful death of a patient. This landmark decision was by far the largest compensation award in the history of Indian medical negligence litigation. Hence, the process of calculating compensation for medical negligence has received great attention and debate, largely due to the impact that it is going to have on the practice of medicine within the country, in the near future. However, the method of calculation of compensation is unpredictable as it varies hugely across different cases, courts and tribunals resulting, in a loss of faith in the system, protracted litigation, and frequent appeals. With over 80% of India's healthcare being provided by the private sector, predictability and uniformity in the regulation of compensation in medical negligence would benefit the victims and the doctors concerned. A basic knowledge of how medical negligence compensation is calculated and adjudicated in the judicial courts of India will aid a doctor in planning his/her professional indemnity insurance, as well as in practicing his/her profession without undue worry about facing litigation for alleged medical negligence. This article addresses the merits and demerits of large compensation awards, and also discusses whether the system is broken, needs a quick fix, or a massive overhaul.

Progress in Medicine: Compensation and medical negligence in India: Does the system need a quick fix or an overhaul?

Science.gov (United States)

Chandra, Meghana S; Math, Suresh Bada

2016-10-01

In a recent judgment on medical negligence, the Supreme Court awarded compensation amounting to Rs. 11 crore to a victim, which was to be paid by the doctors and the private hospital deemed responsible for the wrongful death of a patient. This landmark decision was by far the largest compensation award in the history of Indian medical negligence litigation. Hence, the process of calculating compensation for medical negligence has received great attention and debate, largely due to the impact that it is going to have on the practice of medicine within the country, in the near future. However, the method of calculation of compensation is unpredictable as it varies hugely across different cases, courts and tribunals resulting, in a loss of faith in the system, protracted litigation, and frequent appeals. With over 80% of India's healthcare being provided by the private sector, predictability and uniformity in the regulation of compensation in medical negligence would benefit the victims and the doctors concerned. A basic knowledge of how medical negligence compensation is calculated and adjudicated in the judicial courts of India will aid a doctor in planning his/her professional indemnity insurance, as well as in practicing his/her profession without undue worry about facing litigation for alleged medical negligence. This article addresses the merits and demerits of large compensation awards, and also discusses whether the system is broken, needs a quick fix, or a massive overhaul.

Progress in Medicine: Compensation and medical negligence in India: Does the system need a quick fix or an overhaul?

Science.gov (United States)

Chandra, Meghana S.; Math, Suresh Bada

2016-01-01

In a recent judgment on medical negligence, the Supreme Court awarded compensation amounting to Rs. 11 crore to a victim, which was to be paid by the doctors and the private hospital deemed responsible for the wrongful death of a patient. This landmark decision was by far the largest compensation award in the history of Indian medical negligence litigation. Hence, the process of calculating compensation for medical negligence has received great attention and debate, largely due to the impact that it is going to have on the practice of medicine within the country, in the near future. However, the method of calculation of compensation is unpredictable as it varies hugely across different cases, courts and tribunals resulting, in a loss of faith in the system, protracted litigation, and frequent appeals. With over 80% of India's healthcare being provided by the private sector, predictability and uniformity in the regulation of compensation in medical negligence would benefit the victims and the doctors concerned. A basic knowledge of how medical negligence compensation is calculated and adjudicated in the judicial courts of India will aid a doctor in planning his/her professional indemnity insurance, as well as in practicing his/her profession without undue worry about facing litigation for alleged medical negligence. This article addresses the merits and demerits of large compensation awards, and also discusses whether the system is broken, needs a quick fix, or a massive overhaul. PMID:27891021

The scope of obligatory civil liability insurance of entities conducting medical activities and liability for damages resulting from violations of patients’ rights in the Polish law

Directory of Open Access Journals (Sweden)

Anna Augustynowicz

2018-04-01

Full Text Available Abstract: In the elaboration, the objective scope of obligatory civil liability insurance of entities conducting medical activities in the context of protection from damages resulting from violations of patients’ rights was presented. Based on art. 25 sec. 1 of the Act on Medical Activity, insurance protection covers damages that are the result of the provision of medical services or an illegal omission to provide them. It concerns consequences of erroneous actions related to the provision of medical services as well as damages occurring as a result of an unjustified refusal to provide a medical service or premature cessation of the provision of services if there was an objective prerequisite to continue them driven by medical grounds. The objective scope of insurance protection resulting from obligatory civil liability insurance of an entity conducting medical activities does not apply – as a rule – to damages resulting from violations of patients’ rights. It cannot be considered that a damage related to violation of a patient’s right constitutes a consequence of the provision of medical services or an illegal omission of the provisions of medical services. Such damage is a consequence of a violation of the patient’s right. Financial consequences of patients’ claims resulting from violations of patients’ rights will be borne by entities conducting medical activities. If a patient requests a financial redress, its payment will not be made from the obligatory civil liability insurance policy. The violation of patient’s right to medical services constitutes the only exception.

Sovereign immunity: Principles and application in medical malpractice.

Science.gov (United States)

Suk, Michael

2012-05-01

Tort law seeks accountability when parties engage in negligent conduct, and aims to compensate the victims of such conduct. An exception to this general rule governing medical negligence is the doctrine of sovereign immunity. Historically, individuals acting under the authority of the government or other sovereign entity had almost complete protection against tort liability. This article addressed the following: (1) the development of sovereign immunity in law, (2) the lasting impact of the Federal Tort Claims Act on sovereign immunity, and (3) the contemporary application of sovereign immunity to medical malpractice, using case examples from Virginia and Florida. I performed an Internet search to identify sources that addressed the concept of sovereign immunity, followed by a focused search for relevant articles in PubMed and LexisNexis, literature databases for medical and legal professionals, respectively. Historically, sovereign liability conferred absolute immunity from lawsuits in favor of the sovereign (ie, the government). Practical considerations in our democratic system have contributed to an evolution of this doctrine. Understanding sovereign immunity and its contemporary application are of value for any physician interested in the debate concerning medical malpractice in the United States. Under certain circumstances, physicians working as employees of the federal or state government may be protected against individual liability if the government is substituted as the defendant.

Factual causation in medical negligence.

Science.gov (United States)

Manning, Joanna

2007-12-01

The conventional approach to causation in negligence is the "but for" test, decided on the balance of probabilities. Even when supplemented by the "material contribution" principle, satisfying the onus of proof of causation can be an insuperable obstacle for plaintiffs, particularly in medical cases. Yet, having found a breach of duty, a court's sympathies may gravitate toward the plaintiff at this point in the case. Accordingly, courts have sometimes accepted a relaxation of strict causation principles. The judicial devices are described: a special principle of causation in particular duties of care; a shifting burden of proof; "bridging the evidentiary gap" by drawing a robust inference of causation; treating a material increase in risk as sufficient proof of causation; and permitting causation to be established on the basis of the loss of a material chance of achieving a better outcome and discounting damages. In Accident Compensation Corp v Ambros [2007] NZCA 304 the New Zealand Court of Appeal recognised the need for a legal device to ameliorate the injustice sometimes caused by the strict rules of causation, and preferred the "inferential reasoning" approach favoured by the Canadian common law for use in the context of the accident compensation scheme. It is hoped that the New Zealand Supreme Court approves Ambros if the opportunity arises.

Medical negligence. An overview of legal theory and neurosurgical practice: duty of care.

Science.gov (United States)

Todd, Nicholas V

2014-04-01

A working knowledge of the legal principles of medical negligence is helpful to neurosurgeons. It helps them to act in a "reasonable, responsible and logical" manner, that is a practice that is consistent with the surgical practice of their peers. This article will review and explain the relevant medical law in relation to duty of care with illustrative neurosurgical cases.

Medical jurisprudence in the local context.

Science.gov (United States)

Rajah, K S

1987-04-01

Medical jurisprudence in the local context would require the examination of a wide area. This paper focuses on liability producing conduct arising from the providing of medical services, other than liability for criminal negligent conduct. It examines the circumstances in which the physician-patient relationship emerges, in medical jurisprudence as against practice by medical practitioners. Tort law is the dominant legal theory, and reference is made to some intentional and miscellaneous torts. Implied contracts creating the relationship are touched upon, besides the reference to vicarious liability. Insanity and diminished responsibility in the criminal law, particularly the issue of whether the status quo is satisfactory and reliance on medical reports for purposes of treatment under drug laws are examined. Where abortion is performed, the question whether the husband has any right to prevent his wife from having a lawful abortion is discussed in the local context. Some thoughts on the medical (therapy, education and research) Act 1972 are expressed in relation to the living body, the corpse and the parts of the human body. The patient's right to determination and information in the light of the above legislation is also discussed.

[Criminal claims about medical professional liability in the Instituto de Medicina Legal of Lima, Peru].

Science.gov (United States)

Navarro-Sandoval, Cleyber; Arones-Guevara, Shermany; Carrera-Palao, Rosa; Casana-Jara, Kelly; Colque-Jaliri, Tomasa

2013-07-01

To determine the characteristics of the criminal complaints claining medical professional liability, based on the expert reports issued by the Forensic Examination Division of Lima, Peru. A cross-sectional study was carried out, which included all the expert reports issued between 2005 and 2010 at the Forensic Examination Division of Lima, Peru. A descriptive analysis of each of the variables was performed. 60.3% (495/821) of the criminal complaints for medical professional liability were valued as being in accordance with the lex artis while 16.8% (138/821) were not in accordance with the lex artis. In 13% (107/821) of the cases, conclusions could not be drawn;in 9.9% (81/821) of the cases, the conclusions in the expert report did not include an valuations of the medical act.The cases in which the injury was attributed to the process of the disease itself accounted for 80.9% (502/620), and those in which in the injury was considered a result of the health care received were 19.0% (118/620). The distribution of the cause of the injury based on accordance with the lex artis showed significant differences. In our country, the number of claims for claimed medical liability is increasing, predominantly in relation to surgical specialties, where a medical act is more likely to be considered not in accordance with the lex artis. In addition, in a significant percentage of cases, no conclusions are drawn about the medical act.

The High Court's lost chance in medical negligence: Tabet v Gett (2010) 240 CLR 537.

Science.gov (United States)

Faunce, Thomas; McEwan, Alexandra

2010-12-01

In 2010 the High Court of Australia in Tabet v Gett (2010) 240 CLR 537 determined an appeal in a medical negligence case concerning a six-year-old girl who had presented to a major paediatric hospital with symptoms over several weeks of headaches and vomiting after a recent history of chicken pox. The differential diagnosis was varicella, meningitis or encephalitis and two days later, after she deteriorated neurologically, she received a lumbar puncture. Three days later she suffered a seizure and irreversible brain damage. A CT scan performed at that point showed a brain tumour. As Australia does not have a no-fault system providing compensation to cover the long-term care required for such a condition, the girl (through her parents and lawyers) sued her treating physician. She alleged that, because a cerebral CT scan was not performed when clinically indicated after the diagnosis of meningitis or encephalitis and before the lumbar puncture, she had "lost the chance" to have her brain tumour treated before she sustained permanent brain damage. She succeeded at first instance, but lost on appeal. The High Court also rejected her claim, holding unanimously that there were no policy reasons to allow recovery of damages based on possible (less than 50%) "loss of a chance" of a better medical outcome. The court held that the law of torts in Australia required "all or nothing" proof that physical injury was caused or contributed to by a negligent party. The High Court, however, did not exclude loss of chance as forming the substance of a probable (greater than 50%) claim in medical negligence in some future case. In the meantime, patients injured in Australia as a result of possible medical negligence (particularly in the intractable difficult instances of late diagnosis) must face the injustice of the significant day-to-day care needs of victims being carried by family members and the taxpayer-funded public hospital system. The High Court in Tabet v Gett again provides

Civil Liability of Teachers for Injuries to Students, and Other Torts.

Science.gov (United States)

Brown, R. A.

1986-01-01

Addresses issues involving the tort liability of Australian teachers. Explores broad interpretations of negligence, such as giving students incorrect information or negligent advice resulting in some physical or economic damage to the student. Exhorts teachers to provide their charges with the best advice possible for their individual development.…

Liability for radiation exposure from the viewpoint of the practitioner

International Nuclear Information System (INIS)

Collins, V.P.

1980-01-01

A mounting concern for environmental radiation hazards spills over into an increasing fear and mistrust of medical uses of radiation. This situation sets the stage for an increasing recourse to litigation particularly in the area of low level radiation exposure. Knowledge that the initial exposure is unfelt, that the injury may be long-delayed in appearance, and that the injury is nonspecific, only feeds the apprehension of the public. Over centuries of experience, courts have evolved rules of law for the decision-making process that call for definitions of proof and truth that differ from those of science. A series of legal cases involving radiation injuries are presented to demonstrate the evolution of applicable legal mechanisms. The earliest cases leaned to strict application of the elements of negligence, proof of injury, causation and fault. These requirements relaxed gradually to minimize the burden of proof of the injured plaintiff. Elements of anxiety were recognized as compensable. A requirement of informed consent replaced a need to prove negligence. The element of fault, becoming increasingly difficult to prove with the complexity of delayed effects and statistics of probability, is dropped in the doctrine of product liability or strict liability. This may be a necessary solution to allow compensation of an innocent injured party where fault may be impossible to prove and where, in fact, it may not exist

The Principal and Tort Liability.

Science.gov (United States)

Stern, Ralph D.

The emphasis of this chapter is on the tort liability of principals, especially their commission of unintentional torts or torts resulting from negligent conduct. A tort is defined as a wrongful act, not including a breach of contract or trust, which results in injury to another's person, property, or reputation and for which the injured party is…

FEATURES OF PROFESSIONAL LIABILITY INSURANCE REALIZATION IN UKRAINE

Directory of Open Access Journals (Sweden)

О. Lobova

2015-04-01

Full Text Available The signs of professional liability insurance are generalized in the article. It is the presence of losses, additional costs that require mechanisms and sources of compensation. The essence of the professional responsibility concept is determined and it is characterized like specialists material liability of different professions, lack of qualifications, errors and omissions are due to carelessness or negligence may cause harm to the client The main elements of the professional liability insurance contract, such as insurance objects, insurance compensation, insurance risks are described. The types of professional liability insurance are characterized. There are such types of the professional liability insurance: professional liability insurance of architect, lawyer, auditor (accountant, appraiser, notary, customs broker and doctor. It is determined, that the most widespread in Ukraine is the professional liability insurance of lawyer and customs broker because the policy is purchased for the sole purpose to obtain a license. The size of insurance rates in the provision of professional liability insurance in different insurance companies of Ukraine are analyzed. It is established that insurance rate depends on the type of professional activity, scope of service, qualifications and the other factors. The development impulse can only provide judicial and legal definition of professions wide list that are subject under mandatory professional liability insurance.

Does Medical Malpractice Law Improve Health Care Quality?

Science.gov (United States)

Frakes, Michael; Jena, Anupam B.

2016-01-01

We assess the potential for medical liability forces to deter medical errors and improve health care treatment quality, identifying liability’s influence by drawing on variations in the manner by which states formulate the negligence standard facing physicians. Using hospital discharge records from the National Hospital Discharge Survey and clinically-validated quality metrics inspired by the Agency for Health Care Research and Quality, we find evidence suggesting that treatment quality may improve upon reforms that expect physicians to adhere to higher quality clinical standards. We do not find evidence, however, suggesting that treatment quality may deteriorate following reforms to liability standards that arguably condone the delivery of lower quality care. Similarly, we do not find evidence of deterioration in health care quality following remedy-focused liability reforms such as caps on non-economic damages awards. PMID:28479642

Institutional Liability for Student Activities and Organizations.

Science.gov (United States)

Richmond, Douglas R.

1990-01-01

Examines higher education institutional liability in the following areas: (1) in tort, based on negligence, for physical harm to students; (2) in tort, for defamation flowing from student media; and (3) in contract, arising out of student organizations' business relationships with third parties. (222 references) (MLF)

Abandoning the common law: medical negligence, genetic tests and wrongful life in the Australian High Court.

Science.gov (United States)

Faunce, Thomas; Jefferys, Susannah

2007-05-01

The Australian High Court recently found that the common law could allow parents to claim tortious damages when medical negligence was proven to have led to the birth of an unplanned, but healthy, baby (Cattanach v Melchior (2003) 215 CLR 1). In Harriton v Stephens (2006) 80 ALJR 791; [2006] HCA 15 and Waller v James; Waller v Hoolahan (2006) 80 ALJR 846; [2006] HCA 16 the High Court in a six-to-one decision (Kirby J dissenting) decided that no such claim could be made by a child when medical negligence in failing to order an in utero genetic test caused the child severe disability. In an era when almost all pregnancies will soon require patented fetal genetic tests as part of the professional standard of care, the High Court, by barring so-called "wrongful life" (better termed "wrongful suffering") claims, may have created a partial immunity from suit for their corporate manufacturers and the doctors who administer them. What lessons can be learnt from this case about how the Australian High Court is, or should be, approaching medical negligence cases and its role as guardian of the Australian common law?

Medical negligence based on bad faith, breach of contract, or mental anguish.

Science.gov (United States)

Ficarra, B J

1980-01-01

Financial recovery owing to breach of contract is restricted to the pecuniary amount lost because of failure to perform on the stipulated contract. With the acquisition of newer knowledge, attorneys are now utilizing the weapon of contractual failure as applied to medical negligence. The impetus to this new weapon for the plaintiff has accrued because of the favorable verdicts rendered from positive decisions based upon bad faith.

Medical negligence: Coverage of the profession, duties, ethics, case law, and enlightened defense - A legal perspective

Directory of Open Access Journals (Sweden)

M S Pandit

2009-01-01

Full Text Available A patient approaching a doctor expects medical treatment with all the knowledge and skill that the doctor possesses to bring relief to his medical problem. The relationship takes the shape of a contract retaining the essential elements of tort. A doctor owes certain duties to his patient and a breach of any of these duties gives a cause of action for negligence against the doctor. The doctor has a duty to obtain prior informed consent from the patient before carrying out diagnostic tests and therapeutic management. The services of the doctors are covered under the provisions of the Consumer Protection Act, 1986 and a patient can seek redressal of grievances from the Consumer Courts. Case laws are an important source of law in adjudicating various issues of negligence arising out of medical treatment.

Negligence, genuine error, and litigation

Science.gov (United States)

Sohn, David H

2013-01-01

Not all medical injuries are the result of negligence. In fact, most medical injuries are the result either of the inherent risk in the practice of medicine, or due to system errors, which cannot be prevented simply through fear of disciplinary action. This paper will discuss the differences between adverse events, negligence, and system errors; the current medical malpractice tort system in the United States; and review current and future solutions, including medical malpractice reform, alternative dispute resolution, health courts, and no-fault compensation systems. The current political environment favors investigation of non-cap tort reform remedies; investment into more rational oversight systems, such as health courts or no-fault systems may reap both quantitative and qualitative benefits for a less costly and safer health system. PMID:23426783

Negligence, genuine error, and litigation

Directory of Open Access Journals (Sweden)

Sohn DH

2013-02-01

Full Text Available David H SohnDepartment of Orthopedic Surgery, University of Toledo Medical Center, Toledo, OH, USAAbstract: Not all medical injuries are the result of negligence. In fact, most medical injuries are the result either of the inherent risk in the practice of medicine, or due to system errors, which cannot be prevented simply through fear of disciplinary action. This paper will discuss the differences between adverse events, negligence, and system errors; the current medical malpractice tort system in the United States; and review current and future solutions, including medical malpractice reform, alternative dispute resolution, health courts, and no-fault compensation systems. The current political environment favors investigation of non-cap tort reform remedies; investment into more rational oversight systems, such as health courts or no-fault systems may reap both quantitative and qualitative benefits for a less costly and safer health system.Keywords: medical malpractice, tort reform, no fault compensation, alternative dispute resolution, system errors

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;…

When Care is a "Systematic Route of Torture": Conceptualizing the Violence of Medical Negligence in Resource-Poor Settings.

Science.gov (United States)

Heckert, Carina

2016-12-01

Descriptions of patient mistreatment fill ethnographic accounts of healthcare in resource-poor settings. Often, anthropologists point to structural factors and the ways that the global political economy produces substandard care. This approach makes it difficult to hold parties accountable when there is blatant disregard for human life on the part of individuals providing care. In this article, I draw on the illness narrative of Magaly Chacón, the first HIV positive individual in Bolivia to file charges of medical negligence after failing to receive care to prevent mother-to-child transmission. Magaly's narrative demonstrates how structural conditions are often used to explain away poor patient outcomes, shifting attention away from and normalizing the symbolic violence that also perpetuates substandard care of marginalized patients. I use Magaly's accusations to interrogate how defining acts of mistreatment as medical negligence can be a productive exercise, even when it is difficult to disentangle structural constraints from blatant acts of negligence. Defining who is negligent in resource-poor settings is not easy, as Magaly's case demonstrates. However, Magaly's case also demonstrates that accusations of negligence themselves can demand accountability and force changes within the local structures that contribute to the systematic mistreatment of marginalized patients.

THE BUILDER?S LIABILITY BEYOND THE DEFECTS LIABILITY

Directory of Open Access Journals (Sweden)

Johnson I IKPO

2005-01-01

Full Text Available This paper reviews the obligations of a builder after the expiration of the contracted defects liability period using relevant decided cases. The common areas identified as forming the bedrock of litigation pertain to structural and dimensional stability, freedom from damp, durability, adequate drainage, good waste disposal works, and effective service installations. Particular reference is made to walls, roofs, and services, which from the pilot study account for about 46%, 23%, and 17% respectively of the total defects attributable to the builder. It is concluded that the builder is responsible for defects arising from his product till the effluxion of reasonable time, except he establishes an element of contributory negligence.

Ex Ante Liability Rules in New Zealand's Health and Safety in Employment Act: A Law and Economics Analysis

OpenAIRE

Paul Gordon; Alan E. Woodfield

2006-01-01

In addition to penalties imposed for breaches of statutory duties in the event of workplace accidents involving physical harms, New Zealand's Health and Safety in Employment Act 1992 also provides for penalties where accidents have not occurred. Ordinary negligence rules are ex post in that both an accident and harm must occur before liability accrues, whereas ex ante liability rules create liability for deficient care per se. This paper examines whether liability for breaches of duty that do...

[Urological diseases most frequently involved in medical professional liability claims].

Science.gov (United States)

Vargas-Blasco, César; Gómez-Durán, Esperanza L; Arimany-Manso, Josep; Pera-Bajo, Francisco

2014-03-01

Clinical safety and medical professional liability are international major concerns, especially in surgical specialties such as urology. This article analyzes the claims filed at the Council of Medical Colleges of Catalonia between 1990 and 2012, exploring urology procedures. The review of the 173 cases identified in the database highlighted the importance of surgical procedures (74%). Higher frequencies related to scrotal-testicular pathology (34%), especially testicular torsion (7.5%) and vasectomy (19.6%), and prostate pathology (26 %), more specifically the surgical treatment of benign prostatic hyperplasia (17.9%). Although urology is not among the specialties with the higher frequency of claims, there are special areas of litigation in which it is advisable to implement improvements in clinical safety. Copyright © 2014 Elsevier España, S.L. All rights reserved.

Medical Liability and Patient Law in Germany: Main Features with Particular Focus on Treatments in the Field of Interventional Radiology.

Science.gov (United States)

Sommer, S A; Geissler, R; Stampfl, U; Wolf, M B; Radeleff, B A; Richter, G M; Kauczor, H-U; Pereira, P L; Sommer, C M

2016-04-01

On February 26th, 2013 the patient law became effective in Germany. Goal of the lawmakers was a most authoritative case law for liability of malpractice and to improve enforcement of the rights of the patients. The following article contains several examples detailing legal situation. By no means should these discourage those persons who treat patients. Rather should they be sensitized to to various aspects of this increasingly important field of law. To identify relevant sources according to judicial standard research was conducted including first- and second selection. Goal was the identification of jurisdiction, literature and other various analyses that all deal with liability of malpractice and patient law within the field of Interventional Radiology--with particular focus on transarterial chemoembolization of the liver and related procedures. In summary, 89 different sources were included and analyzed. The individual who treats a patient is liable for an error in treatment if it causes injury to life, the body or the patient's health. Independent of the error in treatment the individual providing medical care is liable for mistakes made in the context of obtaining informed consent. Prerequisite is the presence of an error made when obtaining informed consent and its causality for the patient's consent for the treatment. Without an effective consent the treatment is considered illegal whether it was free of treatment error or not. The new patient law does not cause material change of the German liablity of malpractice law. •On February 26th, 2013 the new patient law came into effect. Materially, there was no fundamental remodeling of the German liability for medical malpractice. •Regarding a physician's liability for medical malpractice two different elements of an offence come into consideration: for one the liability for malpractice and, in turn, liability for errors made during medical consultation in the process of obtaining informed consent. �

A Note on the Equivalence between Contractual and Tort Liability

OpenAIRE

Germán Coloma; Sergio Pernice

2000-01-01

The aim of this paper is to conciliate some conclusions of the economic theories of breach of contract and tort law. The main result is that the two efficient alternatives that tort law identifies (negligence rule and strict liability with a defense of contributory negligence) are mirrored by two efficient ways of defining contract damages. The first consists of forcing the debtor to pay expectation damages but limiting the level of the creditor’s reliance (rule of damage mitigation). The sec...

The Principles Of Liability On Telemedicine Practices

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Arman Anwar

2016-09-01

Full Text Available This research was aimed at analyzing and finding the principle of liability in telemedicine medical practice proportionally.This research is a legal research with the approach of statute approach, conceptual approach and comparative approach, as well as the approach to the case approach. According to Article 24 paragraph (1 of the 1945 Constitution and Article 5 (1 of Act No. 48 of 2009 on Judicial Authority, determine that the judge shall explore, and understand the legal values and sense of justice in society. Thus Article 1367 paragraph (3 BW and Article 46 of Act No. 44 of 2009 on Hospitals in the application must be in the context of the intended. The principle of liability risk in medical practice telemedicine in proportion refers to professional liability among medical practitioners telemedicine. The theoretical legitimacy is based on professional relationships in the delegation of medical action based on the code of ethics, professional standards, and service standards, and standard operating procedures. Consequences on liability does not necessarily have to be based on errors primary physician (primary care physician / PCP or primary nurse as subordinate as mean vicarious liability doctrine. Nomenclature "proportional" in a significant liability risk as the distribution of rights and obligations of professionals in proportion to each party's fault based on the values of equality (equitability, feasibility and appropriateness (fair and reasionableness. Accountability based on the viewpoint of interactive justice according to the values of professional skill, prudence or accuracy, responsibility, and colleague and the desire to do good for the sake of healing patients (doing good.

Legal liabilities in continuing education: protecting your institution and yourself.

Science.gov (United States)

Allington, G H; Cava, A

1988-01-01

Continuing medical education (CME) activities conducted by medical schools, institutions, or organizations contain inherent liability potentials that should be recognized. Three major areas for potential liability should be carefully regarded by individuals who supervise, organize, or plan educational programs. These are: 1) contract liability--specifically in contracts with hotels, i.e., cancellation clauses, warranties, and indemnifications; 2) liability for ensuring the health and safety of individuals, i.e., fire, security, hazards, emergency procedures, and alcohol at functions; and 3) appropriate and adequate insurance coverage.

Medical liability, safety and confidentiality in maritime telemedicine--the MERMAID position on issues of importance.

Science.gov (United States)

Ladas, P; Giatagatzidis, P; Anogianakis, G; Maglavera, S

1997-01-01

Telemedicine dates to the days of "wireless telegraphy". As an "extraordinary" arrangement for medical services delivered at time of need, telemedicine has thus far escaped the developments that have taken place over the last 50 years in the areas of medical liability, safety and confidentiality. Today, however, telemedicine is also used to increase quality and cost effectiveness of healthcare provision. This trend is set by the U.S. where the U.S. federal government funds telemedicine at an annual rate of more than $100 million i.e., at a rate 30 times or more than what the EU does while state and local agency support and private business investment in telemedicine is 3 to 4 times larger than that of the U.S. federal government. In this respect it must be stressed that technology tends to satisfy the relevant demand for telecommunications. Telemedicine is used in diverse areas such as pathology, surgery, physical therapy, and psychiatry. It is expected to revolutionise health care in the coming decade and, therefore, it will certainly take into account requirements for medical liability, safety and confidentiality in the same way as traditional "establishment" medicine does.

Optimal medical outcomes with limited liability: risk management principles for medical practices at the intersection of medicine, law, and business.

Science.gov (United States)

Paterick, Timothy J; Paterick, Timothy E; Waterhouse, Blake E

2007-01-01

Physicians practice at the intersection of medicine, law, and business. Each discipline creates its own challenges for the practicing physician: to practice efficient, effective medicine; to limit potential liability; and to create a positive financial outcome. Those challenges increase with escalating costs and reduced reimbursements. In this paper, the common clinical presentation of chest pain has been used to create a paradigm to educate physicians to understand efficient and effective approaches to diagnosis and treatment, and how effective communication with patients and meticulous documentation of all medical encounters can limit the potential for liability. Ultimately, given today's reimbursement formulas, physicians must also understand the cost of testing, in relation to its benefits, in an attempt to yield a positive financial outcome.

Malpractice liability and defensive medicine: a national survey of neurosurgeons.

Directory of Open Access Journals (Sweden)

Brian V Nahed

Full Text Available BACKGROUND: Concern over rising healthcare expenditures has led to increased scrutiny of medical practices. As medical liability and malpractice risk rise to crisis levels, the medical-legal environment has contributed to the practice of defensive medicine as practitioners attempt to mitigate liability risk. High-risk specialties, such as neurosurgery, are particularly affected and neurosurgeons have altered their practices to lessen medical-legal risk. We present the first national survey of American neurosurgeons' perceptions of malpractice liability and defensive medicine practices. METHODS: A validated, 51-question online-survey was sent to 3344 practicing U.S. neurosurgeon members of the American Association of Neurological Surgeons, which represents 76% of neurosurgeons in academic and private practices. RESULTS: A total of 1028 surveys were completed (31% response rate by neurosurgeons representing diverse sub-specialty practices. Respondents engaged in defensive medicine practices by ordering additional imaging studies (72%, laboratory tests (67%, referring patients to consultants (66%, or prescribing medications (40%. Malpractice premiums were considered a "major or extreme" burden by 64% of respondents which resulted in 45% of respondents eliminating high-risk procedures from their practice due to liability concerns. CONCLUSIONS: Concerns and perceptions about medical liability lead practitioners to practice defensive medicine. As a result, diagnostic testing, consultations and imaging studies are ordered to satisfy a perceived legal risk, resulting in higher healthcare expenditures. To minimize malpractice risk, some neurosurgeons have eliminated high-risk procedures. Left unchecked, concerns over medical liability will further defensive medicine practices, limit patient access to care, and increase the cost of healthcare delivery in the United States.

Malpractice liability and defensive medicine: a national survey of neurosurgeons.

Science.gov (United States)

Nahed, Brian V; Babu, Maya A; Smith, Timothy R; Heary, Robert F

2012-01-01

Concern over rising healthcare expenditures has led to increased scrutiny of medical practices. As medical liability and malpractice risk rise to crisis levels, the medical-legal environment has contributed to the practice of defensive medicine as practitioners attempt to mitigate liability risk. High-risk specialties, such as neurosurgery, are particularly affected and neurosurgeons have altered their practices to lessen medical-legal risk. We present the first national survey of American neurosurgeons' perceptions of malpractice liability and defensive medicine practices. A validated, 51-question online-survey was sent to 3344 practicing U.S. neurosurgeon members of the American Association of Neurological Surgeons, which represents 76% of neurosurgeons in academic and private practices. A total of 1028 surveys were completed (31% response rate) by neurosurgeons representing diverse sub-specialty practices. Respondents engaged in defensive medicine practices by ordering additional imaging studies (72%), laboratory tests (67%), referring patients to consultants (66%), or prescribing medications (40%). Malpractice premiums were considered a "major or extreme" burden by 64% of respondents which resulted in 45% of respondents eliminating high-risk procedures from their practice due to liability concerns. Concerns and perceptions about medical liability lead practitioners to practice defensive medicine. As a result, diagnostic testing, consultations and imaging studies are ordered to satisfy a perceived legal risk, resulting in higher healthcare expenditures. To minimize malpractice risk, some neurosurgeons have eliminated high-risk procedures. Left unchecked, concerns over medical liability will further defensive medicine practices, limit patient access to care, and increase the cost of healthcare delivery in the United States.

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.

Integrating Severely Handicapped Learners: Potential Teacher Liability in Community Based Programs.

Science.gov (United States)

Brady, Michael P.; Dennis, H. Floyd

1984-01-01

The paper examines elements of negligence and other legal concerns in view of the evolving trend to educate severely handicapped persons in integrated, community based settings. Duty, care, risk, and appropriate placement and instruction are discussed. Finally, recommendations for avoiding teacher liability are presented. (Author/CL)

Environmental liability and the independent contractor

International Nuclear Information System (INIS)

Gilmour, B.S.

1999-01-01

The provisions of the Environmental Protection and Enhancement Act (EPEA) regarding the relationship between a company and an independent contractor were reviewed. The EPEA was introduced in September 1993 and significantly altered the environmental laws in the province of Alberta. The provisions of the EPEA that apply to the petroleum industry are conservation and reclamation as well as provisions concerning release of substances, contaminated sites and penalties. Companies that pollute may be held liable for reclamation, even if the work was carried out by an independent contractor and despite the fact that the independent contractor is not an employee of the company. Under the current EPEA laws, companies may not be able to effectively shift responsibility for environmental liabilities to independent contractors even where the contractor was negligent. This paper presented suggestions regarding contractor agreements and due diligence to help minimize the risk of liability to companies. The paper also discussed the following two types of liabilities under the EPEA's harmful substances section: (1) the obligation to clean up an affected area, and (2) fines and penalties that may be imposed when an offence is committed

Perinatal asphyxia and medical professional liability: A case series

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Andrea Verzeletti

2016-12-01

Full Text Available In the context of medical professional liability, obstetrics is one of the most involved medical specialties because the unfavorable outcome of a pregnancy is difficult to accept for parents, who tend to reduce it to inappropriate care that occurred during pregnancy or birth. 32 cases of perinatal asphyxia were evaluated by the Institute of Forensic Medicine in Brescia during the period between 1999 and 2014 (13 in Civil Court and 19 in Penal Court. 9 out of the 32 pregnancies were twins, so the considerations were carried out on a total of 41 fetuses/newborns. Profiles of inadequacy were identified in 66% of cases (85% of the cases evaluated in Civil Court; 53% of the cases evaluated in Penal Court. The existence of a causal relationship between the medical conduct and the onset of asphyxia was recognized in 79% of civil cases and in 38% of penal cases. There is a “greater rigor” in the verification of causal relationship and malpractice profiles in penal cases compared to civil ones: this is in harmony with the most recent Italian Court decisions, characterized by compelling suspect’s protection in the presence of a reasonable doubt in criminal matters and by victim’s protection in civil ones.

Scrutinising the duty of care and standard of care in English medical negligence.

Science.gov (United States)

Gromek-Broc, Katarzyna

2012-03-01

The aim of this article is to discuss the difficulties that claimants encounter in civil law action in English medical negligence cases. It argues that the current legal framework, in particular in relation to the existence of the duty of care and the assessment of standard of care, is haphazard and flawed. It suggests that the law should provide the boundaries that would encompass a moral obligation to rescue and to treat. In conclusion it discusses some timid attempts to reform the law in order to facilitate redress and compensation.

A SHOCKING REQUIREMENT IN THE LAW ON NEGLIGENCE LIABILITY FOR PSYCHIATRIC ILLNESS: LIVERPOOL WOMEN'S HOSPITAL NHS FOUNDATION TRUST V RONAYNE [2015] EWCA CIV 588.

Science.gov (United States)

Burrows, Andrew S; Burrows, John H

2016-01-01

The Ronayne case concerned a husband who suffered a psychiatric illness, described as an adjustment disorder, in seeing the condition of his wife who was the primary victim of admitted medical negligence. His claim for compensation, as a 'secondary victim', failed because he could not satisfy the legal requirement that there must be a sudden shocking event. This commentary criticises that requirement which appears to make no medical sense. © The Author 2016. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

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

Making decisions about liability and insurance a special issue of the journal of risk and uncertainty

CERN Document Server

Kunreuther, Howard

1993-01-01

Two related trends have created novel challenges for managing risk in the United States. The first trend is a series of dramatic changes in liability law as tort law has expanded to assign liability to defendants for reasons other than negligence. The unpredictability of future costs induced by changes in tort law may be partly responsible for the second major trend known as the `liability crisis' - the disappearance of liability protection in markets for particularly unpredictable risks. This book examines decisions people make about insurance and liability. An understanding of such decision making may help explain why the insurance crisis resulted from the new interpretations of tort law and what to do about it. The articles cover three kinds of decisions: consumer decisions to purchase insurance; insurer decisions about coverage they offer; and the decisions of the public about the liability rules they prefer, which are reflected in legislation and regulation. For each of these three kinds of decisions, no...

Liability for contaminated property : the interaction between regulation and the common law

Energy Technology Data Exchange (ETDEWEB)

MacWilliam, A.G. [Milner Fenerty, Calgary, AB (Canada)

1998-12-31

The criteria used for guidelines by environmental regulators to set acceptable levels of contamination for the purposes of site remediation were discussed. For the purposes of liability under environmental legislation, the guidelines allow `persons responsible` for property contamination to have an idea of the extent to which they must remediate. The guidelines provide a standard of cleanliness which takes into account the protection of environmental quality and human health. This paper describes common law causes of action, including claims in tort and claims in contract. Issues of negligence, nuisance, and liability under Rylands v. Fletcher are also addressed.

Medical Mishap and Negligence: It happens in the Outpatients too

LENUS (Irish Health Repository)

Murphy, JFA

2011-06-01

When we consider medical negligence and clinical error we think of busy hospitals late at night and at week-ends. We think of crowded emergency medicine departments, complex surgery and the critically ill ICU patient. We think of prescribing errors in the administration of potent intravenous therapy. We think of high risk specialties such as obstetrics, anaesthesia and surgery. We are less likely to think of outpatients\\/ ambulatory care or a non-interventionist specialty as an important source of litigation. This is remiss on our part. Risks in this setting have gone relatively unnoticed. There 30 times more outpatients than inpatients annually. In the US there are 900 million outpatient visits compared with 30 million inpatients. It is not surprising that this quantum of patient-doctor interaction should also be a source of litigation claims. Furthermore it is likely to continue rising with the increased numbers of procedures now being undertaken at outpatients.

Managing 'tail liability'.

Science.gov (United States)

Frese, Richard C; Weber, Ryan J

2013-11-01

To reduce and control their level of tail liability, hospitals should: Utilize a self-insurance vehicle; Consider combined limits between the hospital and physicians; Communicate any program changes to the actuary, underwriter, and auditor; Continue risk management and safety practices; Ensure credit is given to the organization's own medical malpractice program.

Relative fault and efficient negligence: Comparative negligence explained

NARCIS (Netherlands)

Dari-Mattiacci, G.; Hendriks, E.S.

2013-01-01

This paper shows that the rule of comparative negligence with relative fault - a sharing of the loss proportional to the parties’ relative departures from due care - induces the parties to an accident to be efficiently negligent. Comparative negligence is more efficient than simple or contributory

Negligence and the legal standard of care: what is 'reasonable' conduct?

Science.gov (United States)

Miola, José

Medical negligence has become a big issue for medical practitioners. Fear of the law, and of litigation, has led to claims of defensive medical practice among doctors and nurses. At the heart of this lies the legal definition of the standard of care, where the law seeks to determine when conduct is 'reasonable' (and thus not negligent), or 'unreasonable' (and thus a breach of the legal duty of care and potentially negligent). In this article the author clarifies what the law means by 'reasonableness' with respect to nurses, drawing on both the law and the NMC Code. Furthermore, the article shall demonstrate that the law is not something to be fearful of but, rather, demands a standard no higher than that of the NMC.

The School District's Liability in Cases of Violent Attacks on Students and Employees.

Science.gov (United States)

Maze, Jerry G.

The school's responsibility to provide a safe learning environment for students is examined in this paper. Failure to take preventative measures may result in loss of government tort immunity and charges of negligence liability. A review of case law indicates a trend toward successful litigation by plaintiffs against school districts--a decline in…

THEORETICAL AND CASE-LAW CONSIDERATIONS ON THE PROFESSIONAL NEGLIGENCE OF DOCTORS THAT COULD RESULT IN CRIMINAL, NOT ONLY CIVIL, LIABILITY

Directory of Open Access Journals (Sweden)

Adrian HĂRĂTĂU

2017-05-01

Full Text Available In this study we aimed to analyze guilt, in the form of negligence, that is governed in Romanian criminal laws in Article 16 paragraph (4 of the Criminal Code, as follows:“An offence is perpetrated in negligence when the offender:a foresees the outcome of his actions but does not accept it, deeming that it is unlikely for it to occur; b does not foresee the outcome of his actions, although he should and could have.”This form of guilt applies in the case of all incriminations stipulated in the criminal law perpetrated in a negligent manner, while keeping in mind that, in accordance with Article 16 paragraph (6 of the Criminal Code “an offence committed in negligence amounts to a criminal offence when expressly provided by law”.

Organizational liability for adverse reactions to the contrast media

International Nuclear Information System (INIS)

Lim, Chang Seon

2007-01-01

Contrast medium is a very useful tool for X-ray examinations. But contrast medium has some unavoidable adverse reactions. For those patients who have never received contrast medium before, it is impossible to predict whether they will suffer from certain kinds of adverse reactions. Thus, radiologists should use strategies to minimize adverse events and be prepared to promptly recognize and manage any reactions to the contrast media. If a radiologist commits medical malpractice, he will face civil responsibility. Medical malpractice means a tort or breach of contrast that occurs in a medical setting. Medical malpractices happen, despite the efforts of hospital staff. Many courts have applied the traditional doctrine of respondeat superior in actions against organizations for injuries caused by their employees. It is a legal doctrine, which states that an employer is responsible for employee actions performed within the course of the employment. A hospital is an organization for health purposes. An organization may be convicted of an offense committed by an employee of the organization acting in its behalf and within the scope of this office or employment. Organizational liability involves a wide variety of legal issues, including tort liability, wrongful employment practices, personal injury, breach of fiduciary duty, and so on. Many executive directors of organizations are aware of their personal and organizational risks of exposure to legal liabilities. The employer must have the right to control the physical conduct of the employee and must consent to receive the employee's services, while expecting some benefits from the services offered. Therefore, legal liability can be imposed for improper selection, assignment, training, and supervision of employees. In conclusion, the hospital itself has organizational liability for adverse reactions to the contrast medium

Paving the road to negligence: the compensation for research-related injuries in Spain.

Science.gov (United States)

Ramiro Avilés, Miguel A

2015-01-01

The planned reform of the regulation of clinical trials in Spain has reopened the debate over how to regulate research-related injuries. Act 29/2006 and Royal Decree 223/2004 regulate the insurance of research-related injuries, and they include a general clause requiring mandatory insurance and imposing a no-fault compensation system; they also contain an exception clause enabling clinical trials to be carried out without insurance under some conditions, and an exclusion clause excluding compensation when there is no causal connection between injuries and a clinical trial. National legislation is under review, affecting the requirement of mandatory insurance and paving the road to a liability system based on negligence, which will affect the level of protection of the persons enrolled in clinical trials because it would not ensure compensation. Regulatory texts on individuals' participation as research subjects should include not only mandatory insurance, but also a no-fault compensation system for cases when voluntary research subjects are injured, irrespective of negligence.

78 FR 8821 - Abandoned Mine Land Reclamation Program; Limited Liability for Noncoal Reclamation by Certified...

Science.gov (United States)

2013-02-06

... Federal laws. It does not preclude liability for gross negligence or intentional misconduct by a state or... Law 109-432 (the ``2006 amendments'') substantially modified the AML reclamation program in title IV... tribe shall be liable under Federal law for any costs or damages as a result of any action or omitted...

Relative fault and efficient negligence: comparative negligence explained

NARCIS (Netherlands)

Dari-Mattiacci, G.; Hendriks, E.S.

2010-01-01

Comparative negligence poses a persisting puzzle in law & economics. Under standard assumptions, its performance is identical to other negligence rules, while its implementation is slightly more complex. If so, why is it the most common rule? In this paper, we advance a novel argument: comparative

Systemic Negligence: Why It Is Morally Important for Developing World Bioethics.

Science.gov (United States)

Chakraborti, Chhanda

2015-12-01

In the context of clinical and non-clinical biomedical practices, negligence is usually understood as a lapse of a specific professional duty by a healthcare worker or by a medical facility. This paper tries to delineate systemic negligence as another kind of negligence in the context of health systems, particularly in developing countries, that needs to be recognized and addressed. Systemic negligence is not just a mere collection of stray incidences of medical errors and system failures in a health system, but is proposed in this paper as a more pervasive kind of neglect. Several non-medical factors, such as lack of social and political will, also contribute to it and hence is more difficult to address in a health system. This paper argues that recognizing systemic negligence and including it research agenda have special moral importance for researchers in developing world bioethics, public health ethics and for health activists in the developing world. For, it can be a potent health system barrier, and can seriously impair efforts to ensure patient safety, particularly in the weaker health systems. As it erodes accountability in a health system, addressing it is also important for the twin goals of ensuring patient safety and improving health system performance. Above all, it needs to be addressed because the tolerance of its persistence in a health system seems to undervalue health as a social good. © 2014 John Wiley & Sons Ltd.

Achieving Medical Currency via Selected Staff Integration in Civilian and Veterans Administration Medical Facilities

Science.gov (United States)

2012-10-01

Feres Doctrine, arising from the Federal Tort Claims Act (FTCA). The FTCA makes the United States liable for injuries caused by the negligent or...Veterans’ Benefits Act compensation scheme, which substitutes for tort liability, a statutory “no 17 fault” compensation scheme providing generous...pensions to injured servicemen without regard to any negligence attributable to the government.29 If a US military physician practiced on behalf of the

Induced seismicity and the potential for liability under U.S. law

Science.gov (United States)

Cypser, Darlene A.; Davis, Scott D.

1998-04-01

Research by seismologists over the past 30+ years has firmly established that some human activities induce seismicity. Sometimes induced seismicity causes injuries to people or property. The activities which induce seismicity generally involve extraction of energy, or natural resources, or the disposal of wastes. As the human population increases these extraction and disposal activities will increase in number of sites and intensity of effort as the demands become greater and the resources scarcer. With these increases the number and severity of damaging induced earthquakes is likely to increase. Induced seismicity may cause injuries by vibrations or by seismically induced ground failure. In either case compensation for injuries caused by induced seismicity should be paid for by the inducer. In the United States the inducer of damaging seismicity can be made to pay for the harm caused. Liability for damage caused by vibrations can be based on several legal theories: trespass, strict liability, negligence and nuisance. Our research revealed no cases in which an appellate court has upheld or rejected the application of tort liability to an induced earthquake situation. However, there are numerous analogous cases that support the application of these legal theories to induced seismicity. Vibrations or concussions due to blasting or heavy machinery are sometimes viewed as a `trespass' analogous to a physical invasion. In some states activities which induce earthquakes might be considered `abnormally dangerous' activities that require companies engaged in them to pay for injuries the quakes cause regardless of how careful the inducers were. In some circumstances, a court may find that an inducer was negligent in its site selection or in maintenance of the project. If induced seismicity interferes with the use or enjoyment of another's land, then the inducing activity may be a legal nuisance, even if the seismicity causes little physical damage. In most states of the

Loss of chance in medical negligence.

Science.gov (United States)

Leslie, K; Bramley, D; Shulman, M; Kennedy, E

2014-05-01

Occasionally accidents and complications occur during anaesthesia and perioperative care that result in injury to the patient. Unfortunately, this is sometimes due to a breach in the anaesthetist's duty of care to the patient. Sometimes, rather than being the cause of immediate damage, the act or omission results in an alteration in the prognosis of the complaint or increased risk of complications related to the complaint. This avenue for a negligence action is known as 'loss of chance of a better outcome' and has been the subject of much legal argument in Australia in recent years. A recent High Court of Australia decision is widely seen as having 'closed the door' to, or at least made it difficult for the patient to succeed in, loss of chance cases. Many anaesthetists may not be familiar with the concept of 'loss of chance'. This review will explore the concept of loss of chance and the manner in which Australian courts have dealt with it before and after Tabet v Gett from the perspective of the anaesthetist.

Finance, providers issue brief: insurer liability.

Science.gov (United States)

Rothouse, M; Stauffer, M

2000-05-24

When a health plan denies payment for a procedure on grounds that it is not medically necessary or when it refuses a physician-ordered referral to a specialist, has it crossed the line from making an insurance judgment to practicing medicine? If the patient suffers harm as a result of the decision, is the plan liable for medical malpractice? Those were questions 35 states considered in 1999, and at least 32 states are grappling with this year as they seek to respond to physician and patient pressure to curb the power of the managed care industry. Traditionally, health insurers have been protected by state laws banning "the corporate practice of medicine," which means the patient's only recourse is to sue under a "vicarious liability" theory. Now, however, lawmakers are debating legislation to extend the scope of malpractice liability beyond individual practitioners to insurance carriers and plans themselves.

7 CFR 1400.204 - Limited partnerships, limited liability partnerships, limited liability companies, corporations...

Science.gov (United States)

2010-01-01

... 7 Agriculture 10 2010-01-01 2010-01-01 false Limited partnerships, limited liability partnerships..., limited liability partnerships, limited liability companies, corporations, and other similar legal entities. (a) A limited partnership, limited liability partnership, limited liability company, corporation...

Homicide committed by psychiatric patients: Psychiatrists' liability in Italian law cases.

Science.gov (United States)

Terranova, Claudio; Rocca, Gabriele

2016-01-01

Interest in psychiatrists' professional liability in Italy has increased in recent years because of the number of medical malpractice claims. Professional liability for failure to prevent violent behaviour by psychiatric patients is particularly debated. This study describes three Italian cases in which health professionals - physicians and nurses - were found guilty of manslaughter for murders committed by psychiatric patients. Examination of the cases focuses on claims of malpractice, patients' characteristics, the circumstances of the homicide and the reasons for the court's judgment. In particular, the predictability of violent behaviour and the concept of causal links are examined in detail. The cases provide an opportunity for a study of comparative jurisprudence. The topics discussed are relevant not only to practicing psychiatrists but also to experts assessing medical liability in cases of criminal acts committed by psychiatric patients. © The Author(s) 2015.

Professional negligence reconsidered

OpenAIRE

DeVries, Ubaldus R M Th

1996-01-01

This thesis examines the concept of professional negligence. In doing so, it aims to find the distinguishing factors that characterize professional negligence as against other types of negligence. It seeks to emphasize the functions, duties and activities of professional people, rather than any examination of their status. The thesis demonstrates that this concept is based on a "broadspectrum" duty of care with specific obligations, particular to professional conduct. ...

From Bolam-Bolitho to Modified-Montgomery - A Paradigm Shift in the Legal Standard of Determining Medical Negligence in Singapore.

Science.gov (United States)

Neo, Han Yee

2017-09-01

In a recent landmark litigation, the Singapore Court of Appeal introduced a new legal standard for determining medical negligence with regards to information disclosure - the Modified-Montgomery test. This new test fundamentally shifts the legal position concerning the standard of care expected of a doctor when he dispenses medical advice. Previously, a doctor is expected to disclose what a "reasonable physician" would tell his patient. Now, a doctor must disclose "all material risks" that a "reasonable patient" would want to know under his unique circumstances. Patient-centred communication is no longer an aspirational ideal but has become a legal mandate. Manpower, administrative, logistic and medical educational reforms should start now, so as to support the average physician transit from the era of the Bolam-Bolitho, to that of the Modified-Montgomery.

Clinical safety and professional liability claims in Ophthalmology.

Science.gov (United States)

Dolz-Güerri, F; Gómez-Durán, E L; Martínez-Palmer, A; Castilla Céspedes, M; Arimany-Manso, J

2017-11-01

Patient safety is an international public health priority. Ophthalmology scientific societies and organisations have intensified their efforts in this field. As a tool to learn from errors, these efforts have been linked to the management of medical professional liability insurance through the analysis of claims. A review is performed on the improvements in patient safety, as well as professional liability issues in Ophthalmology. There is a high frequency of claims and risk of economic reparation of damage in the event of a claim in Ophthalmology. Special complaints, such as wrong surgery or lack of information, have a high risk of financial compensation and need strong efforts to prevent these potentially avoidable events. Studies focused on pathologies or specific procedures provide information of special interest to sub-specialists. The specialist in Ophthalmology, like any other doctor, is subject to the current legal provisions and appropriate mandatory training in the medical-legal aspects of health care is essential. Professionals must be aware of the fundamental aspects of medical professional liability, as well as specific aspects, such as defensive medicine and clinical safety. The understanding of these medical-legal aspects in the routine clinical practice can help to pave the way towards a satisfactory and safe professional career, and help in increasing patient safety. The aim of this review is to contribute to this training, for the benefit of professionals and patients. Copyright © 2017 Sociedad Española de Oftalmología. Publicado por Elsevier España, S.L.U. All rights reserved.

[Legal aspects of the health care institution liability for nosocomial infections].

Science.gov (United States)

Garus-Pakowska, Anna; Szatko, Franciszek; Pakowski, Maciej

2009-01-01

In this paper, the basic concepts concerning the liability of health care institution for nosocomial infections are presented. The principles of ex contracto and ex delicto liabilities, as well as the concept of so-called anonymous guilt are discussed. The range of duties for both the health care institution and the employed medical personnel is indicated, the duties and the consequences of their non-fulfillment are systematized, and the obligatory jurisdiction concerning the functioning of prima facie evidence is considered. The author aimed at explaining the principles governing the civil liability of health care institutions and their employees.

Some considerations on disciplinary liability overlapping criminal liability

Directory of Open Access Journals (Sweden)

Ştefania DUMITRACHE

2011-12-01

Full Text Available Among the various forms of legal liability there are many points of contact reflected in their common goal - the encouragement of active members of society. Starting from the statement - the independent nature of the various forms of legal liability does not mean they are excluded - in what follows, given the legal autonomy of spheres of social relations protected by various laws, we will consider disciplinary overlapping with other forms of legal liability - criminal liability. Of course, this is possible only if the act committed by the employee is both disciplinary and criminal. This form of accumulation are possible without violating the principle of non bis in idem that since each of the envisaged legal rules protect different social relations. In addition of this applying the same principle prohibits two or more same kind sanctions for an unlawful action

Liability Issues

International Nuclear Information System (INIS)

O’Donoghue, K.

2016-01-01

Nuclear liability conventions try to provide a set of rules to govern third party liability. Not all States are parties to one of the existing liability conventions. There are a number of reasons why individual States may choose not to join one of the existing conventions. These include limits of compensation, jurisdiction issues, complexity, cost and definition of damage among others. This paper looks at the existing conventions and identifies some of the main issues in the existing conventions which prevent some States from signing them. The paper attempts to tease out some of the perceived gaps in the existing conventions and give a brief description of the reasons why non-Contracting Parties have difficulty with the provisions of the conventions. The paper recognizes that there has been work done in this area previously by the International Expert Group on Nuclear Liability (INLEX) and others to try to develop the existing frameworks to enhance global adherence by nuclear and non-nuclear States to an effective nuclear liability regime. (author)

Managing nuclear liabilities

International Nuclear Information System (INIS)

Pooley, D.

1997-01-01

This paper discusses the importance of managing liabilities in the nuclear industry and considers the main ingredients which make for successful liabilities management. It looks specifically at UKAEA's experience to date and lists its key management principles, including the use of the liabilities management ratio which is the company's current bottom-line performance measure. (Author)

Negligence is negligence: implications for an egalitarian agenda [Blog

OpenAIRE

Priaulx, Nicolette

2013-01-01

This short paper explores the significance of the "constitutionalism of private law" through the lens of developments in the context of the tort of negligence. Drawing a distinction between legal egalitarianism and social egalitarianism, the author notes that in the former respect the greater convergence of human rights and private law might be regarded as a welcome development; in respect of social egalitarianism, however, the author argues that given the way that the tort of negligence oper...

Sports physicians, ethics and antidoping governance: between assistance and negligence.

Science.gov (United States)

Dikic, Nenad; McNamee, Michael; Günter, Heinz; Markovic, Snezana Samardzic; Vajgic, Bojan

2013-07-01

Recent positive doping cases and a series of mistakes of medical doctors of the International Federation of Basketball have reopened the debate about the role of medical doctor in elite sport. This study shows that some sports physicians involved in recent positive doping cases are insufficiently aware of the nuances of doping regulations and, most importantly, of the list of prohibited substances. Moreover, several team doctors are shown to have exercised poor judgement in relation to these matters with the consequence that athletes are punished for doping offences on the basis of doctors' negligence. In such circumstances, athletes' rights are jeopardised by a failure of the duty of care that (sports) physicians owe their athlete patients. We argue that, with respect to the World Anti Doping Code, antidoping governance fails to define, with sufficient clarity, the role of medical doctors. There is a need for a new approach emphasising urgent educational and training of medical doctors in this domain, which should be considered prior to the revision of the next World Anti Doping Code in 2013 in order to better regulate doctor's conduct especially in relation to professional errors, whether negligent or intentional.

The efficiency of the negligence rules

OpenAIRE

Nikolić, Ljubica; Mojašević, Aleksandar

2012-01-01

This study comparatively analizes economic effects of different negligence rules, contained in American law on the one hand, and Serbian law on the other. It is important to establish economic implications of the different negligence rules, based on the incentives for tortfeasor’s and victim’s precaution under the different negligence rules. Study of the efficiency of several different forms of negligence rules: simple negligence, negligence with a defense of contributory negligence, comparat...

Liability of statutory organs in limited liability companies

Directory of Open Access Journals (Sweden)

Martin Janků

2011-01-01

Full Text Available Statutory organs of business companies (and similarly of co-operatives have numerous obligations imposed by generally binding provisions; relied with these is the liability for non-fulfilment of the latter. Some of the obligations are imposed directly by the laws, some are assumed on contractual basis. Their infringements may lead to the liability for the situation and consequences occurred. The regulation of the liability of persons engaged in the company’s bodies covers persons that are entrusted by the management of foreign assets. Sometimes these are in fact not entirely foreign assets because, although the assets are legally owned by the business company, persons acting as statutory organs are mostly partners (shareholders in these companies as well. As such they manage the foreign assets but the company properties were created by their contributions or through the business by themselves. The paper analyses the requirements laid down for the function of managing directors (jednatel in the limited company. Consequently it analyses the scope of the liability of managing directors firstly, in relationship to the company’s creditors (persons standing outside the company and, subsequently, in relationship to the shareholders. It also presents and characterises the recent trends in the Commercial Court’s judgement of the conditions required for the liability for damage and claims for damages put forward by action to recover damages by the managing directors. De lege ferenda the paper recommends that the legal regulation will be amended by provisions limiting the scope of persons to be appointed as executive director and/or extending the liability for damages for the partners of the company in cases where the damage in such cases can not be compensated by the executive director and the partners should bear consequences for their culpa in eligendo.

Sharing Residual Liability

DEFF Research Database (Denmark)

Carbonara, Emanuela; Guerra, Alice; Parisi, Francesco

2016-01-01

Economic models of tort law evaluate the efficiency of liability rules in terms of care and activity levels. A liability regime is optimal when it creates incentives to maximize the value of risky activities net of accident and precaution costs. The allocation of primary and residual liability...... for policy makers and courts in awarding damages in a large number of real-world accident cases....

Government-sponsored microfinance program: Joint liability vs. individual liability

Directory of Open Access Journals (Sweden)

Arghya Kusum Mukherjee

2014-12-01

Full Text Available Swarnajayanti Gram Swarozgar Yojana (SGSY is a government-sponsored microfinance program. The scheme is based on four features: group lending with joint liability, progressive lending, back-ended subsidy, and social capital. We propose a new model of SGSY having these features: group lending with individual liability, progressive lending, back-ended subsidy, and social capital. “Joint liability” clause of the existing model is replaced with individual liability in the new model. The paper shows that problem of adverse selection is removed in both models, i.e. in “SGSY with group lending and joint liability” and “SGSY with group lending and individual liability.” The problem of “moral hazard” is more severe in the existing model of SGSY compared with the proposed model of SGSY. Borrowers are also benefitted from participation in the proposed scheme of SGSY than that in the existing model of SGSY.

The Consumer Protection Act: no-fault liability of health care providers.

Science.gov (United States)

Slabbert, M Nöthling; Pepper, Michael S

2011-11-01

The introduction of no-fault or strict liability by the Consumer Protection Act 68 of 2008 (CPA) poses serious problems in the health care context. With a patient as a 'consumer' in terms of the CPA, health care practitioners may find themselves as 'suppliers' or 'retailers' as part of a supply chain, and potentially liable for harm and loss suffered by a patient in terms of the new no-fault liability provision. The claimant (patient) can sue anyone in the supply chain in terms of this provision, which places the health care practitioner who delivered the care in a very difficult position, as he or she is the most easily and often only identifiable person in the supply chain. Although the causal link between the harm suffered by the complainant will still need to be established on a balance of probabilities, the traditional common law obstacle requiring proof of negligence no longer applies. The article argues that this situation is unsatisfactory, as it places an increasingly onerous burden on certain health care practitioners.

Nuclear Liability Laws

International Nuclear Information System (INIS)

McIntosh, S.

2016-01-01

The principles of the nuclear liability regime, including their application to the case of transport, are described in the IAEA Handbook on Nuclear Law, and will not be repeated in this paper. Rather, this paper examines some specific aspects of liability during transport, and particularly draws on some of the work of the IAEA International Expert Group on Nuclear Liability (INLEX). In that regard, particular reference is made to the Explanatory Texts published in 2004

Finance issue brief: insurer liability: year end report-2003.

Science.gov (United States)

MacEachern, Lillian

2003-12-31

When a health plan denies payment for a procedure on grounds that it is not medically necessary or when it refuses a physician-ordered referral to a specialist, has it crossed the line from making an insurance judgment to practicing medicine? If the patient suffers harm as a result of the decision, is the plan liable for medical malpractice? Those were questions 35 states considered in 1999, and at least 32 states are grappling with this year as they seek to respond to physician and patient pressure to curb the power of the managed care industry. Traditionally, health insurers have been protected by state laws banning "the corporate practice of medicine," which means the patient's only recourse is to sue under a "vicarious liability" theory. Now, however, lawmakers are debating legislation to extend the scope of malpractice liability beyond individual practitioners to insurance carriers and plans themselves.

Finance issue brief: insurer liability: year end report-2002.

Science.gov (United States)

Morgan, Rachel; MacEachern, Lillian

2002-12-31

When a health plan denies payment for a procedure on grounds that it is not medically necessary or when it refuses a physician-ordered referral to a specialist, has it crossed the line from making an insurance judgment to practicing medicine? If the patient suffers harm as a result of the decision, is the plan liable for medical malpractice? Those were questions 35 states considered in 1999, and at least 32 states are grappling with this year as they seek to respond to physician and patient pressure to curb the power of the managed care industry. Traditionally, health insurers have been protected by state laws banning "the corporate practice of medicine," which means the patient's only recourse is to sue under a "vicarious liability" theory. Now, however, lawmakers are debating legislation to extend the scope of malpractice liability beyond individual practitioners to insurance carriers and plans themselves.

Romanian Nuclear Liability Legislation

International Nuclear Information System (INIS)

Banu, R.

2006-01-01

The regime of civil liability for nuclear damages in the Romanian legislation is defined especially by the Law no. 703/2001 on civil liability for nuclear damage, as well as the Government Decision no. 894/2003 for the approval of the Norms for the enforcement of Law no. 703/2001. These two documents constitute the legal framework that regulates the third party civil liability for nuclear damages. The paper is proposing to present the main elements of the relatively recent legal framework, namely: the principles content in the international acts on civil liability for nuclear damages, the subject to whom such law applies, the regime of civil liability for nuclear damages in Romania and provisions regarding the terrorist acts.(author)

46 CFR 5.29 - Negligence.

Science.gov (United States)

2010-10-01

... 46 Shipping 1 2010-10-01 2010-10-01 false Negligence. 5.29 Section 5.29 Shipping COAST GUARD, DEPARTMENT OF HOMELAND SECURITY PROCEDURES APPLICABLE TO THE PUBLIC MARINE INVESTIGATION REGULATIONS-PERSONNEL ACTION Definitions § 5.29 Negligence. Negligence is the commission of an act which a reasonable...

Managing UK nuclear liabilities

International Nuclear Information System (INIS)

Sadnicki, Mike; MacKerron, Gordon.

1997-01-01

This paper sets out a framework for a fundamental reappraisal of the management of nuclear liabilities in the United Kingdom, built around two policy objectives, sustainable development and cost-effectiveness. The practical implications of the policy objectives are explored in relation to nuclear liability strategies, such as the adequacy or otherwise of current funding arrangements, the completeness of liability estimates and the distribution of financial responsibility between the public and private sector. A fundamental review of the management of nuclear liabilities is urged in the light of inadequacies identified in this paper. (UK)

Medical liability and patient law in Germany. Main features with particular focus on treatments in the field of interventional radiology

International Nuclear Information System (INIS)

Sommer, S.A.; Geissler, R.; Stampfl, U.; Radeleff, B.A.; Kauczor, H.U.; Sommer, Christof M.; Richter, G.M.; Pereira, P.L.

2016-01-01

On February 26th, 2013 the patient law became effective in Germany. Goal of the lawmakers was a most authoritative case law for liability of malpractice and to improve enforcement of the rights of the patients. The following article contains several examples detailing legal situation. By no means should these discourage those persons who treat patients. Rather should they be sensitized to to various aspects of this increasingly important field of law. To identify relevant sources according to judicial standard research was conducted including first- and second selection. Goal was the identification of jurisdiction, literature and other various analyses that all deal with liability of malpractice and patient law within the field of Interventional Radiology - with particular focus on transarterial chemoembolization of the liver and related procedures. In summary, 89 different sources were included and analyzed. The individual who treats a patient is liable for an error in treatment if it causes injury to life, the body or the patient's health. Independent of the error in treatment the individual providing medical care is liable for mistakes made in the context of obtaining informed consent. Prerequisite is the presence of an error made when obtaining informed consent and its causality for the patient's consent for the treatment. Without an effective consent the treatment is considered illegal whether it was free of treatment error or not. The new patient law does not cause material change of the German liability of malpractice law.

Professional liability insurance in Obstetrics and Gynaecology: estimate of the level of knowledge about malpractice insurance policies and definition of an informative tool for the management of the professional activity

Directory of Open Access Journals (Sweden)

Scurria Serena

2011-12-01

Full Text Available Abstract Background In recent years, due to the increasingly hostile environment in the medical malpractice field and related lawsuits in Italy, physicians began informing themselves regarding their comprehensive medical malpractice coverage. Methods In order to estimate the level of knowledge of medical professionals on liability insurance coverage for healthcare malpractice, a sample of 60 hospital health professionals of the obstetrics and gynaecology area of Messina (Sicily, Italy were recluted. A survey was administered to evaluate their knowledge as to the meaning of professional liability insurance coverage but above all on the most frequent policy forms ("loss occurrence", "claims made" and "I-II risk". Professionals were classified according to age and professional title and descriptive statistics were calculated for all the professional groups and answers. Results Most of the surveyed professionals were unaware or had very bad knowledge of the professional liability insurance coverage negotiated by the general manager, so most of the personnel believed it useful to subscribe individual "private" policies. Several subjects declared they were aware of the possibility of obtaining an extended coverage for gross negligence and substantially all the surveyed had never seen the loss occurrence and claims made form of the policy. Moreover, the sample was practically unaware of the related issues about insurance coverage for damages related to breaches on informed consent. The results revealed the relative lack of knowledge--among the operators in the field of obstetrics and gynaecology--of the effective coverage provided by the policies signed by the hospital managers for damages in medical malpractice. The authors thus proposed a useful information tool to help professionals working in obstetrics and gynaecology regarding aspects of insurance coverage provided on the basis of Italian civil law. Conclusion Italy must introduce a compulsory

Clinical negligence and duty of candour.

Science.gov (United States)

Shekar, Vinita; Singh, Mark; Shekar, Kishore; Brennan, Peter

2011-12-01

The Department of Health is considering imposing a legal duty of candour on health care providers to ensure that an apology and explanation are given to patients when errors occur during medical treatment. This aims to improve quality of care and reduce adverse events during medical treatment. We present the current system of clinical negligence and the future of medical ethics. We discuss relevant cases with regard to duty of candour, and highlight the existence of serious imbalances in which patients' rights and corresponding ethical duties of professionals predominate over the responsibilities of patients themselves. It is known that most adverse events arise because of multiple factors for which no individual should be blamed. To improve healthcare services there is a need for a system in which lessons can be learnt from mistakes, and services can be improved in the interest of patient safety, and for transparency in the broad principles on which the decisions are based within which clinical performance is supervised and monitored. Copyright © 2010 The British Association of Oral and Maxillofacial Surgeons. Published by Elsevier Ltd. All rights reserved.

Nuclear liability and the Price--Anderson Act

International Nuclear Information System (INIS)

Wilson, R.

1977-01-01

The Price-Anderson Act is viewed as meeting public needs in a unique and responsible way, reflecting the far-sightedness of those involved in the early development of nuclear power who saw the importance of building safety into each step of the program. An extension of the Act is advised as a first step in recognizing that many potential and real disasters (e.g., dam breaks, floods, etc.) are man-made rather than ''Acts of God''. Rather than abolish the Price-Anderson Act because it is unique, the case is made for extending it to cover these other situations. Provisions of the Act are examined in terms of the role of negligence in nuclear accidents, and the conclusion is reached that public concern for reactor safety should not be affected. Limited assets on the part of insurers and insurance pools have made government involvement important but not a real subsidy because of high premiums. Premiums in the new amendment are paid retroactively when there is an accident, which relieves the problem of anticipating what premiums may be needed in the future. This limits government liability and, combined with the waiver of defenses against liability, offers better protection for the public. Recommendations for allowing tort law to operate above the $560 million Price-Anderson limits are criticized, and a counter proposal is made for reassessing the figure at an appropriate limit and extending insurance to competitive industries

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…

Third party liability for nuclear damage

International Nuclear Information System (INIS)

Crancher, D.W.

1976-12-01

Basic principles of nuclear liability legislation are discussed including absolute and limited liability and the role of the Sovereign State in idemnifying the operator for damage in excess of limited liability. European counrties realised the need for unifying the law of nuclear instability and efforts were made accordingly towards producing workable international conventions. The world's first legislation on nuclear liability - the USA Price-Anderson Act - is described in detail and a digest of nuclear liability claims experience is given. Observations of the present status of nuclear third party liability are outlined. (Author)

Financial compensation for radiotherapy-related adverse events in a judicial system where proof of medical negligence is not required

International Nuclear Information System (INIS)

Nyandoto, Paul; Muhonen, Timo; Hakala, Tapani; Dombrowski, Mitchell P.; Joensuu, Heikki

2001-01-01

Purpose: To examine the frequency of adverse events related to radiation therapy that lead to financial compensation in a judicial system that is not based on litigation in court but on statutory insurance where proof of medical negligence is not required for obtaining compensation. Methods and Materials: In Finland, an injured patient does not sue through the courts, but submits an insurance claim to the Patient Insurance Association. Proof of medical negligence is not required for obtaining compensation. We reviewed all filed claims associated with radiotherapy presented to the Patient Insurance Association from May 1987 to January 1999. During this time period, 1,732,000 patient visits to radiation therapy units were made, and the estimated number of radiotherapy treatments was 86,600. The data collected included descriptions of the adverse events, examination of the radiation therapy procedures followed, assessment of the causal relation of the event to radiotherapy by the therapists involved and by independent reviewers, and the sums used for compensation. Results: Only 102 patients (about 0.1%) had filed a claim for financial compensation, and in 18 (0.02%) cases the claim led to compensation. The mean national annual expenditure used for compensation was $35,200, and the sums paid in single cases ranged from $310 to $287,430 (median, $1,970). The expenditure used for compensating adverse radiation events was about $4 per treated patient, which is about 0.3% of all radiation therapy costs. Conclusions: The frequency of radiation therapy injuries that are financially compensated can remain low in an insurance-based judicial system where no litigation or attorneys are involved

Nuclear Liability Legislation in Slovenia

International Nuclear Information System (INIS)

Skraban, A.

1998-01-01

This paper reviews Slovenian national legislation in the field of third party liability for nuclear damage, applicability of the international nuclear liability treaties in Slovenia legal system and outlines some main provisions of national legislation. It is worth mentioning that legal instruments covering third party liability and compulsory insurance of such liability exist in Slovenia for almost 20 years and that our nuclear facilities are covered by relevant international treaties and conventions in this field, among them also by the Vienna Convention on Civil Liability for Nuclear Damage (from 1977) and the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention (from 1994). (author)

The Liabilities Management Group

International Nuclear Information System (INIS)

Whitehead, A.W.

1998-01-01

The Liabilities Management Group (LMG) was initiated by DTI. It is a cooperative forum which was set up in 1995. The current participants are DTI, UKAEA, NLM (for BNFL), MOD and Magnox Electric. The LMG was initiated to produce closer cooperation between public sector liability management organizations, achieve more cost-effective management of UK nuclear liabilities and enhance development of the UK nuclear decommissioning and waste management strategy. The objectives are to compare practices between liabilities management organizations discuss the scope for collaboration identify priority areas for possible collaboration agree action plans for exploring and undertaking such collaboration.Four task forces have been formed to look at specific areas (R and D, safety, contracts, and project management) and each reports separately to the LMG. The LMG has achieved its original aim of bringing together those with public sector liability management responsibilities. All participants feel that the LMG has been useful and that it should continue. Looking to the future, there is a continuing need for the LMG to facilitate removal of barriers to the achievement of best value for money. The LMG might also consider addressing the 'business process' elements that a liability management organization must be good at in order to define best practice in these. (author)

Information Processing and Limited Liability

OpenAIRE

Bartosz Mackowiak; Mirko Wiederholt

2012-01-01

Decision-makers often face limited liability and thus know that their loss will be bounded. We study how limited liability affects the behavior of an agent who chooses how much information to acquire and process in order to take a good decision. We find that an agent facing limited liability processes less information than an agent with unlimited liability. The informational gap between the two agents is larger in bad times than in good times and when information is more costly to process.

Introduction of unlimited liability into the atomic law with special regard to the international nuclear liability conventions

International Nuclear Information System (INIS)

Hohlefelder, W.

1984-01-01

The paper was read at the international symposium on nuclear liability held in Munich in September 1984 by OECD/NEA and IAEA. It outlines the basic principles of the Paris liability convention and the international development. The author pleads in favour of unlimited liability for hazards on grounds of history, legal policy, legal dogmatics and practice. Moreover he thinks it useful and appropriate because it also improves the protection of the citizens. The same as the federal government the author holds that unlimited liability for hazards is compatible with the maximum damages and the congruity regulations of the Paris and Brussels liability convention. An amendment to the liability convention, though not necessary, would be desirable to make clear that both options - limited and unlimited liability - are open. (HSCH) [de

Understanding legacy liabilities

Energy Technology Data Exchange (ETDEWEB)

Ossi, G.J. [Venable, LLP (United States)

2005-08-01

Among the most immediate issues facing operations with a workforce represented by the United Mine Workers of America (UMWA) are the so-called 'legacy liabilities'. Legacy liabilities fall under two categories: retiree health care and pension. The retiree health benefit obligations fall into two categories; statutory - those created under the Coal Industry Retiree Health Benefit Act of 1992 and contractual - the 1993 Employer Benefit Plan and the Individual Employer Plans. The pension liabilities are more straightforward; there are three different retirement plans in the NBCWA; the UMWA 1950 Pension Plan, the UMWA 1974 Pension Plan and the UMWA Cash Deferred Savings Plan of 1988.

General Principles Governing Liability

International Nuclear Information System (INIS)

Reyners, P.

1998-01-01

This paper contains a brief review of the basic principles which govern the special regime of liability and compensation for nuclear damage originating on nuclear installations, in particular the strict and exclusive liability of the nuclear operator, the provision of a financial security to cover this liability and the limits applicable both in amount and in time. The paper also reviews the most important international agreements currently in force which constitute the foundation of this special regime. (author)

On the optimal scope of negligence

NARCIS (Netherlands)

Dari-Mattiacci, G.

2005-01-01

This article studies the optimal scope of negligence, considering which of the parties’ precautionary measures should be included in the determination of negligence and which instead should be omitted. The analysis shows that the optimal scope of negligence balances the gains derived from improved

Report by the Nuclear Liability Commission

International Nuclear Information System (INIS)

2003-01-01

The Nuclear Liability Commission set up by the Ministry of Trade and Industry was to find out whether the basic principles of Finland's current nuclear liability system are appropriate and well functioning and what changes should be made to the present system, taking into account Finland's position in the European convention system (Paris and Brussels Conventions). No proposal in the form of a bill was expected of the Commission. The Finnish nuclear liability system would be further developed as part of the international convention system so that the negotiated amendments to the conventions would be enforced in Finland as soon as possible after the final adoption of the convention texts. The Nuclear Liability Act would be amended so that the principle of unlimited liability of the nuclear installation operator would be adopted instead of the principle of limited liability. The unlimited liability should be covered by an insurance limited in amount so that the installation operator must take out an insurance of at least euro 700 million to cover the injured parties. The liability of the host State would be extended to cover damages exceeding the amount subject to the liability to take out an insurance referred to above by euro 500 million. The international compensation community would cover damages exceeding euro 1.2 billion by no more than euro 300 million. In this case a total of euro 1.5 billion should be compensated from the liability insurance of the installation operator and on the basis of the liability obligation of the host State and compensation community. Later, within the limits of the insurance capacity available, the liability to take out an insurance could be increased to euro 1.2 billion by gradually raising the limit so as to finally also cover fully the share of euro 500 million of the host State referred to above. As for appeal times, the Nuclear Liability Act would be amended so that the appeal time of personal damages would be prolonged. The

The modernization of the international nuclear third party liability regime - does exclusive liability still make sense?

International Nuclear Information System (INIS)

Kolehmainen, H.

2000-01-01

In order to create a perspective for the presentation, it might be useful to recall the general aims and purposes of the existing system for exclusive liability in the international nuclear liability regime. As is well-known, the compensation system is based on two conventions (The Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960 and the Vienna Convention on Civil Liability for Nuclear Damage of 1963). The norms in these Conventions define the level at which the compensation system for nuclear accidents is based. The international co-operation which resulted in the conventions was inspired by the aim to construct a system which awards a fair and sufficient compensation for the victims of a nuclear accident. Secondly, the aim was to promote the peaceful use of nuclear energy. The purpose was also to harmonize regulations concerning nuclear energy. The preparatory works for these conventions demand a general goal to balance the interests of the potential victims of a nuclear accident and the interest of society to promote the peaceful use of nuclear energy. National legislation on nuclear third party liability is based on these conventions. There are four basic principles which guide the normative framework of these conventions. The liability of the operator of a nuclear installation is not based on fault but is strictly based on its nature. Secondly, the liability is restricted to a certain sum per accident. Thirdly, the liability of the operator ought to be covered by insurance or state guarantee. Fourthly, the liability is channeled exclusively to the operator of a nuclear plant, meaning that there are no other persons to be held liable for a possible nuclear accident. Any new orientation on third party liability for nuclear damages should be within the context of existing regulations in the field. Exceptions from established international principles in the area of nuclear liability should be openly discussed and their consequences

7 CFR 276.3 - Negligence or fraud.

Science.gov (United States)

2010-01-01

... 7 Agriculture 4 2010-01-01 2010-01-01 false Negligence or fraud. 276.3 Section 276.3 Agriculture... Negligence or fraud. (a) General. If FNS determines that there has been negligence or fraud on the part of..., pay to FNS a sum equal to the amount of coupons issued as a result of such negligence or fraud. (b...

Association between rising professional liability insurance premiums and primary cesarean delivery rates.

Science.gov (United States)

Murthy, Karna; Grobman, William A; Lee, Todd A; Holl, Jane L

2007-12-01

To estimate the association between changes in Illinois professional liability premiums for obstetrician-gynecologists and singleton primary cesarean delivery rates. Data from the National Center for Health Statistics were used to identify all singleton births between 37 weeks and 44 weeks of gestation occurring in Illinois from 1998 through 2003. Primary cesarean delivery rates for women delivered between 37 weeks and 44 weeks of gestation per 1,000 gravid women eligible to have a primary cesarean delivery were calculated for each Illinois county. The annual medical professional liability premium for each county in Illinois was represented by the reported professional liability insurance rate charges (adjusted to 2004 dollars) from the ISMIE Mutual Insurance Company. Separate analyses were conducted for nulliparous and multiparous women. The independent association between county-level primary cesarean delivery rates and the previous year's insurance premiums was evaluated using linear regression models. During the study period, 817,521 women were eligible for inclusion in the analysis. The county-level mean primary cesarean delivery rate increased from 126 to 163 per 1,000 (Pinsurance premiums also rose significantly (from $60,766 in 1997 to $83,167 in 2002, Pinsurance premium increase, the primary cesarean delivery rate increased by 15.7 per 1,000 for nulliparous women. This association also was evident for multiparous women, who had an increase in cesarean deliveries of 4.7 per 1,000 for every $10,000 increase. Higher rates of primary cesarean delivery are associated with increased medical professional liability premiums for obstetrician-gynecologists in Illinois. II.

Medico-legal problems in radiology

International Nuclear Information System (INIS)

Becker, W.

1979-01-01

The obligation of the pysician to inform the patient - which he has to prove in case of a suit - is based on the patient's right of selfdetermination. This self-dicision information was subject of the panel discussion. Not discussed in detail were the information concerning diagnosis and prognosis, and the instruction of the patient regarding his conduct postoperatively and during medical treatment. Not considered was the so-called malpractice and negligence respectively. Medical liability suits are increasing for various reasons and are frequently directed at a failure to inform the patient because the patient is often unable to prove a negligence of the physician ('surrogate liability'). The dimension of the duty of disclosure (complete information - no information at all) is discussed in general and with special regard to the radiological field. (orig.) [de

Limiting Civil Liability in the Sphere of Business Auditing

Directory of Open Access Journals (Sweden)

Carmen COSTULEANU

2011-09-01

Full Text Available The statutory audit of business entities is represented by the audit of annual financial accounts or consolidated financial accounts, according to the Community legislation transposed in national regulations. Negligence or imprudence in performing the activities related to this type of audit entail special consequences. It is to some of the elements derived from this context that we refer in this paper, especially as there is often the underlying risk for the auditor to be held liable. It is worth noting that one cannot claim several compensations for the same action. Then, the auditor is not jointly liable with the other authors of the illicit actions which have caused damages. On the other hand, limited liability does not apply to the situations when it has been proven that the auditor has breached his professional duties with direct intent.

Aspectos orofaciais dos maus-tratos infantis e da negligência odontológica Orofacial aspects of childhood abuse and dental negligence

Directory of Open Access Journals (Sweden)

Andreza Cristina de Lima Targino Massoni

2010-03-01

Full Text Available O objetivo deste artigo foi identificar os principais aspectos orofaciais dos maus-tratos infantis e da negligência odontológica, contribuindo com a identificação destas vítimas no ambiente odontológico. Foi realizada uma pesquisa bibliográfica nas bases de dados Adolec, MEDLINE, LILACS e BBO. Utilizaram-se como descritores: maus-tratos infantis, manifestações bucais, odontólogos, papel (figurativo e responsabilidade legal. Verificou-se que os maus-tratos infantis acontecem em geral em domicílio e os ferimentos orofaciais decorrentes incluem trauma, queimaduras e lacerações dos tecidos duros e moles, marcas de mordida e hematomas em vários estágios de cura. Pode haver ferimentos que envolvem outras partes do corpo próximas à cavidade bucal, como hematoma periorbital e contusão nasal. Quanto ao abuso sexual, muitas vítimas não apresentam nenhum sinal físico associado; assim, indicadores comportamentais devem ser observados. A imediata identificação e o relato de maus-tratos infantis e da negligência odontológica pelo cirurgião-dentista são essenciais para a proteção das crianças, sendo fundamental uma maior atuação destes profissionais, através do registro e denúncia dos casos suspeitos às agências de proteção à criança.The aim of this paper was to identify the main oral and dental aspects of childhood abuse and dental neglect, contributing to the identification of these victims in a dental office. A bibliographic research was carried out, in ADOLEC, MEDLINE, LILACS and BBO databases. The following key words were used: child abuse, oral manifestations, dentists; role; liability, legal. It was verified that violence against children happens in general at home and the resulting orofacial injuries encompass: injuries, burns and lacerations on soft and hard tissues, bite marks and gradually-healed wounds. It can have wounds in other parts of the body next to the oral cavity, such as periorbital wound and nasal

Analysis of clinical negligence claims following tonsillectomy in England 1995 to 2010.

Science.gov (United States)

Mathew, Rajeev; Asimacopoulos, Eleni; Walker, David; Gutierrez, Tatiana; Valentine, Peter; Pitkin, Lisa

2012-05-01

We determined the characteristics of medical negligence claims following tonsillectomy. Claims relating to tonsillectomy between 1995 and 2010 were obtained from the National Health Service Litigation Authority database. The number of open and closed claims was determined, and data were analyzed for primary injury claimed, outcome of claim, and associated costs. Over 15 years, there were 40 claims of clinical negligence related to tonsillectomy, representing 7.7% of all claims in otolaryngology. There were 34 closed claims, of which 32 (94%) resulted in payment of damages. Postoperative bleeding was the most common injury, with delayed recognition and treatment of bleeding alleged in most cases. Nasopharyngeal regurgitation as a result of soft palate fistulas or excessive tissue resection was the next-commonest cause of a claim. The other injuries claimed included dentoalveolar injury, bums, tonsillar remnants, and temporomandibular joint dysfunction. Inadequate informed consent was claimed in 5 cases. Clinical negligence claims following tonsillectomy have a high success rate. Although postoperative bleeding is the most common cause of negligence claims, a significant proportion of claims are due to rare complications of surgery. Informed consent should be tailored to the individual patient and should include a discussion of common and serious complications.

Assault in medical law: revisiting the boundaries of informed consent to medical treatment in South Africa.

Science.gov (United States)

Wilson, Maria C I

2009-05-01

This article focuses on assault as a cause of action in medical law, with particular emphasis on the requirements for informed consent, both under common law and under the National Health Act 2003 (Sth Africa). In particular, the test for consent, adopted in Castell v De Greef 1994 (4) SA 408 (C), is analysed in detail. It is noted that the wording of this test for informed consent mirrors the wording of the test for negligence laid down in the Australian case of Rogers v Whitaker (1992) 175 CLR 479. Further, the relationship between the delictual elements of wrongfulness and fault in assault is discussed. It is argued that in South African law a valid consent to medical treatment requires knowledge not only of the general nature of medical treatment but also of the consequences of the treatment and, in determining which consequences should be disclosed to a patient, the constitutional rights to equality and self-determination support the application of a subjective patient-centred test for informed consent. However, it is also proposed that the broad right of a patient to information is reined in at the fault element of assault, so that a limited requirement of consciousness of wrongfulness on the part of the defendant negates liability for delictual assault.

The Limited Liability Company: An Analysis

OpenAIRE

Wayne Wells; Gary Yoshimoto

1993-01-01

In recent years, businesses in many states have been given the opportunity to select a new form in which to conduct business called the limited liability company. This form provides the advantage of the personal liability protection of a corporation, while being taxed as a partnership. If most states create the limited liability company and current issues of uncertainty are favorably resolved, the limited liability company should become the most advantageous business form for most small and m...

Cross-sector diversification in financial conglomerates: simulations with a fair-value assets and liabilities model

Directory of Open Access Journals (Sweden)

Jacob A. Bikker

2002-12-01

Full Text Available Risk diversification is one of the many reasons for cross-sector mergers of financialinstitutes. This paper presents a fair-value type asset and liability model in order to identify diversification effects for financial conglomerates (PCs under various shocks. My analysis for the Netherlands reveals that diversification effects on PCs of especially interest rate shocks are very strong. In principle, substantial diversificationeffects argue for lower capital requirements for PCs. However, there are other non-negligible risks run by PCs to consider, namely contagion risk, regulatory arbitrage andcross-sector and TBTF moral hazard risks, which have not yet been quantified.

Civil liability on nuclear activities

International Nuclear Information System (INIS)

Bittar, C.A.

1982-01-01

The civil liability theory in the actual context is shown in the first and second part of this thesis, including some considerations about concepts and types of liability in dangerous and not dangerous activities. In the third part, the legal aspects of civil liability for the nuclear activities are analyzed, with a brief description of the history evolution, standard systems, inspection corporation and juridical regulation. (C.G.C.). 239 refs

Computing the Algebraic Immunity of Boolean Functions on the SRC-6 Reconfigurable Computer

Science.gov (United States)

2012-03-01

INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE...BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR...additional amount of logic and delay is negligible for a four-input transeunt triangle, the increases become overwhelming for significantly larger

THE BASIS OF MEDICAL LIABILITY A) CONTRACT AND TORT are ...

African Journals Online (AJOL)

damages from health care providers for negligence. However, this ... A nurse might be sued for assault and battery if he or she intentionally harms another person with an improper .... guaranteeing a cure or a man of the very highest skill in his.

Effectiveness of Existing International Nuclear Liability Regime

Energy Technology Data Exchange (ETDEWEB)

Al-Doais, Salwa; Kessel, Daivd [KEPCO International Nuclear Graduate School, Daejeon (Korea, Republic of)

2015-10-15

The first convention was the Paris Convention on Third Party Liability in the Field of Nuclear Energy (the Paris Convention) had been adopted on 29 July 1960 under the auspices of the OECD, and entered into force on 1 April 1968. In 1963,the Brussels Convention - supplementary to the Paris Convention- was adopted in to provide additional funds to compensate damage as a result of a nuclear incident where Paris Convention funds proved to be insufficient. The IAEA's first convention was the Vienna Convention on Civil Liability for Nuclear Damage (the Vienna Convention) which adopted on 21 May 1963,and entered into force in 1977. Both the Paris Convention and the Vienna Convention laid down very similar nuclear liability rules based on the same general principles. The broad principles in these conventions can be summarized as follows: 1- The no-fault liability principle (strict liability) 2- Liability is channeled exclusively to the operator of the nuclear installation (legal channeling) 3- Only courts of the state in which the nuclear accident occurs would have jurisdiction (exclusive jurisdiction) 4- Limitation of the amount of liability and the time frame for claiming damages (limited liability) 5- The operator is required to have adequate insurance or financial guarantees to the extent of its liability amount (liability must be financially secured). 6- Liability is limited in time. Compensation rights are extinguished after specific time. 7- Non-discrimination of victims on the grounds of nationality, domicile or residence. Nuclear liability conventions objective is to provide adequate compensation payments to victims of a nuclear accident. Procedures for receiving these compensation are controlled by some rules such as exclusive jurisdiction, that rule need a further amendment to ensure the effectiveness of the exiting nuclear liability regime . Membership of the Conventions is a critical issue, because the existence of the conventions without being party to

Effectiveness of Existing International Nuclear Liability Regime

International Nuclear Information System (INIS)

Al-Doais, Salwa; Kessel, Daivd

2015-01-01

The first convention was the Paris Convention on Third Party Liability in the Field of Nuclear Energy (the Paris Convention) had been adopted on 29 July 1960 under the auspices of the OECD, and entered into force on 1 April 1968. In 1963,the Brussels Convention - supplementary to the Paris Convention- was adopted in to provide additional funds to compensate damage as a result of a nuclear incident where Paris Convention funds proved to be insufficient. The IAEA's first convention was the Vienna Convention on Civil Liability for Nuclear Damage (the Vienna Convention) which adopted on 21 May 1963,and entered into force in 1977. Both the Paris Convention and the Vienna Convention laid down very similar nuclear liability rules based on the same general principles. The broad principles in these conventions can be summarized as follows: 1- The no-fault liability principle (strict liability) 2- Liability is channeled exclusively to the operator of the nuclear installation (legal channeling) 3- Only courts of the state in which the nuclear accident occurs would have jurisdiction (exclusive jurisdiction) 4- Limitation of the amount of liability and the time frame for claiming damages (limited liability) 5- The operator is required to have adequate insurance or financial guarantees to the extent of its liability amount (liability must be financially secured). 6- Liability is limited in time. Compensation rights are extinguished after specific time. 7- Non-discrimination of victims on the grounds of nationality, domicile or residence. Nuclear liability conventions objective is to provide adequate compensation payments to victims of a nuclear accident. Procedures for receiving these compensation are controlled by some rules such as exclusive jurisdiction, that rule need a further amendment to ensure the effectiveness of the exiting nuclear liability regime . Membership of the Conventions is a critical issue, because the existence of the conventions without being party to

Negligence and the communication of neonatal genetic information to parents.

Science.gov (United States)

Fay, Michael

2012-01-01

It is inevitable that neonatal genetic information will be communicated to parents and a potential for psychiatric injury exists where the communication is negligent. An important question in this regard is whether a health-care provider may owe a duty of care to parents when communicating accurate genetic information, or whether the courts might treat it as merely the receipt of distressing news, which hitherto attracts no liability in English Tort Law. The important role of genetic counselling in this context will likely be determinative in deciding whether communicating accurate genetic information is actionable because it arguably distinguishes the parent-physician relationship from that of messenger-recipient. If communication is accepted as being something more than the receipt of distressing news and is capable of causing 'shock', then parents will need to establish themselves as either primary or secondary victims if claims are to be reconciled with the Alcock paradigm. Claims by parents as secondary victims will be unlikely to succeed because the neonate does not fulfil the role of primary victim, although parents may be owed a duty as elevated primary victims as a result of the lack of an immediate victim. Elevating claimants to primary victim status is not without criticism and may serve to further complicate a difficult area of tort law. Alternatively, it may be open to parents to demonstrate that a duty exists subsequent to an assumption of responsibility, as the provision of genetic counselling during and after neonatal screening is indicative of health-care providers assuming responsibility for the parents' mental health. If parents are able to establish that a duty of care exists, then success of their claims will be determined by reference to breach and causation. The potential difficulties and solutions, particularly with regard to causation, are also briefly considered. It is suggested that breach will likely be determined by reference to a

Including district heating pipelines in absolute liability laws

Energy Technology Data Exchange (ETDEWEB)

Gronau, W

1977-10-01

On January 1, 1978 the provisions of the Act Amending the Rules of Liability Damages have entered into force. Formally this means that the provisions of the Reich Liability Act (Reichshaftpflichtgesetz, RHG) and those of the Act on Liability with Respect to Property Damage of Railways and Tramways (SHG) are now combined under the new term of Liability Act (Haftpflichtgesetz). In material terms it means that the district heat industry with its supply pipelines is subject to absolute liability. This creates a liability situation for this industry which has been existing for the electricity and gas industries since 1943 as a result of an amendment of the Reich Liability Act.

Safety Tips: Avoiding Negligence Suits in Chemistry Teaching.

Science.gov (United States)

Gerlovich, Jack A.

1983-01-01

Discusses various aspects related to negligence on the part of chemistry teachers. Areas addressed include negligence in tort law, avoiding negligence suits, proper instructions, proper supervision, equipment maintenance, and other considerations such as sovereign immunity, and contributory versus comparative negligence. (JN)

12 CFR 965.2 - Authorized liabilities.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Authorized liabilities. 965.2 Section 965.2 Banks and Banking FEDERAL HOUSING FINANCE BOARD FEDERAL HOME LOAN BANK LIABILITIES SOURCE OF FUNDS § 965.2 Authorized liabilities. As a source of funds for business operations, each Bank is authorized to...

12 CFR 229.21 - Civil liability.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Civil liability. 229.21 Section 229.21 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM... Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to comply with any...

State and supplementary civil liability insurance: the example of swiss nuclear liability law

International Nuclear Information System (INIS)

Buehlmann, W.A.

1993-01-01

This paper describes State guarantee and nuclear liability insurance which has been established, in Switzerland, after the vote of the law of 18 march 1983: Civil liability of nuclear operator has no limitations for nuclear damages compensations. The coverage is given by private insurance and State guarantee. 1 tab

[Critical issues in criminal investigations in the ascertainment of causation and liability].

Science.gov (United States)

Di Lecce, Michele

2009-01-01

The critical issues still affecting criminal proceedings concerning occupational diseases are discussed, focusing in particular on the following points: determination of cause-effect relationship, finding of guilt, presence of concauses not related to workplace, ascertainment of individual liability and the role of medical sciences.

75 FR 76946 - Demurrage Liability

Science.gov (United States)

2010-12-10

... because the warehouseman--which otherwise has no incentive to agree to liability--can avoid liability... based on an unjust enrichment theory? The court rejected such an approach in Middle Atlantic, 353 F...

Nuclear damage - civil liability

International Nuclear Information System (INIS)

Simoes, A.C.

1980-01-01

An analysis is made of the civil liability for nuclear damage since there is a need to adjust the existing rules to the new situations created. The conventions that set up the new disciplining rules not considered in the common law for the liability of nuclear damage are also mentioned. (A.L.) [pt

Joint liability lending and the peer selection effect

NARCIS (Netherlands)

Gangopadhyay, S; Ghatak, M; Lensink, R

2005-01-01

We show that the joint liability lending contracts derived in Ghatak (2000) violate an ex post incentive-compatibility constraint which says that the amount of joint liability cannot exceed the amount of individual liability. We derive and characterise optimal separating joint liability contracts

Contributory Negligence. Law and the School Principal

Science.gov (United States)

Walden, John C.

1974-01-01

One of the most frequently used legal defenses against the charge that a school employee or district has been negligent is contributory negligence. Contributory negligence means that the injured person failed to exercise the required standard of care for his own safety and, therefore, contributed to his own injury. (Author/WM)

Liability-driven investment in longevity risk management

OpenAIRE

Helena Aro; Teemu Pennanen

2013-01-01

This paper studies optimal investment from the point of view of an investor with longevity-linked liabilities. The relevant optimization problems rarely are analytically tractable, but we are able to show numerically that liability driven investment can significantly outperform common strategies that do not take the liabilities into account. In problems without liabilities the advantage disappears, which suggests that the superiority of the proposed strategies is indeed based on connections b...

Tort law under oligopolistic competition

OpenAIRE

Mondello, Gérard; Salies, Evens

2016-01-01

This article extends the unilateral accident standard model to allow for Cournot competition. Assuming risk-neutrality for the regulator and injurers, it analyzes three liability regimes: strict liability, negligence rule, and strict liability with administrative authorization or permits systems. Under competition the equivalence between negligence rule and strict liability no longer holds, and negligence insures a better level of social care. However, enforcing both a permit system and ...

An Update on Negligence. A Legal Memorandum.

Science.gov (United States)

Gluckman, Ivan

This newsletter defines common law negligence, discusses recent trends in common law negligence, cites litigation, and establishes guidelines to assist school administrators in the avoidance of such tort action. The success or failure of a negligence suit most commonly turns on one of three factors: duty, breach of that duty, and proximate cause…

Improvement of nuclear third party liability system

International Nuclear Information System (INIS)

Kim, S. W.; Oh, B. J.; Yoo, S. O.; Kang, S. C.; Lee, J. I.

2001-01-01

A special regime for nuclear third party liability is necessary since the ordinary common law is not well suited to deal with the particular problems in the field of nuclear industry. The basic principles of this regime is i) strict liability (other than traditional fault liability), ii) channelling and the exclusive liability of operator, iii) compulsory financial security, iv) limits on liability in amount and in time v) intervention by the state, etc. In Korea, a revision was made to the Nuclear Damage Compensation Act on 16th January, 2001. The revision aimed at the reflection of the spirit of the new Vienna Convention on Nuclear Liability (1997) such as i) limit of liability to an amount of 300mil SDR, ii) increase of the level of financial protection (in the presidential decree, the 'Phasing-In' system would be introduced), iii) Extension of the definition 'nuclear damage', iv) extension of the scope of application to EEZ, v) deletion of 'natural calamity' from the causes of immunity, vi) extension of prescription period for personal injury to a length of 30 year

Nuclear liability legislation in Slovenia

International Nuclear Information System (INIS)

Skraban, A.

2000-01-01

This paper gives some basic data about nuclear installations in Slovenia, reviews Slovenian national legislation in the field of third-party liability for nuclear damage, applicability of the international nuclear liability treaties in the Slovenian legal system and outlines some main provisions of national legislation. It also aims to give some facts about history and present status of nuclear insurance pool and the insurance of nuclear risks in Slovenia. Paper finally indicates also some future legislative steps with respect to nuclear third party liability, at national and international level. (author)

Liability and Insurance for Suborbital Flights

Science.gov (United States)

Masson-Zwaan, T.

2012-01-01

This paper analyzes and compares liability and liability insurance in the fields of aviation and spaceflight in order to propose solutions for a liability regime and insurance options for suborbital flights. Suborbital flights can be said to take place in the grey zone between air and space, between air law and space law, as well as between aviation insurance and space insurance. In terms of liability, the paper discusses air law and space law provisions in the fields of second and third party liability for damage to passengers and 'innocent bystanders' respectively, touching upon international treaties, national law and EU law, and on insurance to cover those risks. Although the insurance market is currently not ready to provide tailor-made products for operators of suborbital flights, it is expected to adapt rapidly once such flights will become reality. A hybrid approach will provide the best solution in the medium term.

Spectral decomposition of optimal asset-liability management

NARCIS (Netherlands)

Decamps, M.; de Schepper, A.; Goovaerts, M.

2009-01-01

This paper concerns optimal asset-liability management when the assets and the liabilities are modeled by means of correlated geometric Brownian motions as suggested in Gerber and Shiu [2003. Geometric Brownian motion models for assets and liabilities: from pension funding to optimal dividends.

Assets, liabilities and risks

OpenAIRE

R. Thomson

2014-01-01

Financial economists and actuaries do not always talk the same language. One particular difference of concern to actuaries is the method of treatment (or non-treatment) of the liabilities of an investor in the portfolio selection problem. Another difference relates to the way in which liabilities are valued. In this paper, these differences are discussed and possible way forward are suggested.

Insurance Cover for Revised Nuclear Liability

International Nuclear Information System (INIS)

Reitsma, S. M. S.

2008-01-01

The financial security to be provided to victims of an incident at a nuclear installation is the main objective of international nuclear liability conventions. As from the introduction of the Paris Convention on Third Party Liability in the Field of Nuclear Energy in 1960 and the Vienna Convention on Liability for Nuclear Damage in 1963 insurers have been prepared to provide the financial capacity needed to cover the liability under both conventions. They did so in close co-operation with the competent national and international authorities, which has resulted in the insurability of as much of the nuclear liability under the conventions as possible. This tradition of co-operation between authorities and insurers was extended to include the revision negotiations regarding the above conventions, which were concluded in 1997 and 2004 respectively. This has resulted in the insurability of by far the largest part of the convention based liability. However, some heads of damage have been introduced about which insurers had expressed concerns as to their likelihood to attract insurance support. In view of the explicit choice by Convention States to include the uninsurable heads of damage into the revised conventions one would expect that liability for them would fall upon national Governments. This would reflect practice in a number of States, which already assume liability for uninsurable mandatory liabilities for a long time. Nonetheless some other States now seem reluctant to do so, the resulting deadlock having a tendency to manifest itself in a negative perception of the insurance industry. Insurers are therefore appreciative of the forum provided by the CNS to once again explain the areas where problems as regards insurability have arisen and why this is the case. This presentation will show that those areas are few in number and notably relate to a limited number of environmental damages as well as the extension of prescription periods. Furthermore, thoughts will

Problematic of mining environmental liabilities in Colombia

International Nuclear Information System (INIS)

Arango Aramburo, Marcela; Olaya, Yris

2012-01-01

Mining environmental liabilities (PAM from its acronym in Spanish) are areas where there is a need for restoration, mitigation or compensation for environmental damage or unmanaged impact, produced by inactive or abandoned mining that threatens health, quality of life or public or private property. In Colombia the environmental liabilities from mining have not been regulated, but given the age and the prevalence of informality in mining, there is increasing interest in defining, regulating and managing these obligations. In this paper we approach the problem of valuing mining environmental liabilities by examining different management approaches for such liabilities around the world. We also identify key information requirements to manage mining environmental liabilities in Colombia.

Civil Liability for Environmental Damages

Directory of Open Access Journals (Sweden)

Daniela Ciochină

2012-05-01

Full Text Available We debated in this article the civil liability for environmental damages as stipulated in ourlegislation with reference to Community law. The theory of legal liability in environmental law is basedon the duty of all citizens to respect and protect the environment. Considering the importance ofenvironment in which we live, the liability for environmental damages is treated by the Constitution as aprinciple and a fundamental obligation. Many human activities cause environmental damages and, in linewith the principle of sustainable development, they should be avoided. However, when this is notpossible, they must be regulated (by criminal or administrative law in order to limit their adverse effectsand, according to the polluter pays principle, to internalize in advance their externalities (through taxes,insurances or other forms of financial security products. Communication aims to analyze these issues andlegal regulations dealing with the issue of liability for environmental damage.

Development of liability syndromes for schizophrenia: where did they come from and where are they going?

Science.gov (United States)

Stone, William S; Giuliano, Anthony J

2013-10-01

Three decades after Paul Meehl proposed the term "schizotaxia" to describe a conceptual framework for understanding the liability to schizophrenia, Ming Tsuang et al. at Harvard University reformulated the concept as a clinical syndrome with provisional research criteria. The reformulated view relied heavily on more recent data showing that many non-psychotic, un-medicated biological relatives of individuals with schizophrenia showed difficulties in cognitive and other clinical functions that resembled those seen in their ill relatives. The reformulation raised questions about both whether and when liability could be assessed validly in the absence of psychosis, and about the extent to which symptoms of liability are reversible. Both questions bear on the larger issue of early intervention in schizophrenia. This article reviews the efforts of Tsuang et al. to conceptualize and validate schizotaxia as one such syndrome of liability. Towards this end, liability is considered first more generally as an outcome of interactive genetic and environmental factors. Liability is then considered in the context of endophenotypes as a concept that is both broader and is potentially more specific (and predictive) than many DSM or ICD diagnostic symptoms. Liability syndromes are then considered in the context of their proximity to illness, first by reviewing prodromal syndromes (which are more proximal), and then by considering schizotaxia, which, as it is currently formulated, is pre-prodromal and, therefore, less proximal. Finally, challenges to validation and future directions for research are considered. © 2013 Wiley Periodicals, Inc.

Assets, liabilities and risks

Directory of Open Access Journals (Sweden)

R. Thomson

2014-01-01

Full Text Available Financial economists and actuaries do not always talk the same language. One particular difference of concern to actuaries is the method of treatment (or non-treatment of the liabilities of an investor in the portfolio selection problem. Another difference relates to the way in which liabilities are valued. In this paper, these differences are discussed and possible way forward are suggested.

BNFL nuclear decommissioning liabilities management program

International Nuclear Information System (INIS)

Colquhoun, A.P.

1995-01-01

The objective of this paper is to describe BNFL's policy and strategy for decommissioning and also to summarize the overall scope of nuclear liabilities in the wider field of waste retrieval and storage, as well as the dismantling and demolition aspects of decommissioning. BNFL's recently established organisational arrangements for discharging all types of these liabilities are explained, together with a review of practical progress in dealing with them. Organisational changes in recent years have amalgamated decommissioning work with operations covering waste storage and retrieval operations. A strategy of minimising residual activity in shutdown plants is pursued, followed by dismantling and demolition on appropriate time scales to minimise risk and cost. Since April 1995, a new BNFL subsidiary, Nuclear Liabilities Management Company Limited has taken responsibility for discharge of BNFL's Waste Retrieval and Decommissioning liabilities on all BNFL sites. NLM has the objectives of optimal and lowest cost management of liabilities and much clearer segregation of physical operations from project specification and planning. The Ministry of Defense (MoD) policy, strategy, work programmes and progress for the Atomic Weapons Establishment (AWE) are also outlined. MoD/AEA has established an equivalent strategy for dealing with its liabilities. (J.S.). 5 refs., 2 figs., 4 appends

Third Party Liability governing Dangerous and Nuclear Activities

International Nuclear Information System (INIS)

Di Martino, Vittorio.

1979-01-01

The introductory chapters of this book analyse the concept of fault as a basis for third party liability and the evolution of jurisprudence and doctrine towards the concept of absolute liability. The following part covers the Italian system of liability for hazardous activities. The nuclear third party liability system is then analysed according to existing international conventions and nuclear legislation in several countries. The Appendix contains various legislative and regulatory texts on nuclear third party liability in Italy and in other countries which provide for special legislation in this field. (NEA) [fr

Fusion energy and nuclear liability considerations

International Nuclear Information System (INIS)

Fork, William E.; Peterson, Charles H.

2014-01-01

For over 60 years, fusion energy has been recognised as a promising technology for safe, secure and environmentally-sustainable commercial electrical power generation. Over the past decade, research and development programmes across the globe have shown progress in developing critical underlying technologies. Approaches ranging from high-temperature plasma magnetic confinement fusion to inertial confinement fusion are increasingly better understood. As scientific research progresses in its aim to achieve fusion 'ignition', where nuclear fusion becomes self-sustaining, the international legal community should consider how fusion power technologies fit within the current nuclear liability legal framework. An understanding of the history of the civil nuclear liability regimes, along with the different risks associated with fusion power, will enable nations to consider the proper legal conditions needed to deploy and commercialise fusion technologies for civil power generation. This note is divided into three substantive parts. It first provides background regarding fusion power and describes the relatively limited risks of fusion technologies when compared with traditional nuclear fission technologies. It then describes the international nuclear liability regime and analyses how fusion power fits within the text of the three leading conventions. Finally, it examines how fusion power may fall within the international nuclear liability framework in the future, a discussion that includes possible amendments to the relevant international liability conventions. It concludes that the unique nature of the current civil nuclear liability regime points towards the development of a more tailored liability solution because of the reduced risks associated with fusion power. (authors)

Findings of negligence followed communication lapses in BC aneurysm case

OpenAIRE

Capen, K

1997-01-01

Negligence is sometimes established on the basis of lapses in communication and patient care management that, in hindsight, could have been avoided. A recent BC court case concerned a patient who died because of a ruptured aneurysm. A Supreme Court judge found that some of the physicians involved had failed in their duty to diagnose the patient's condition properly, or failed to communicate to one another significant signs of the patient's illness, and failed to refer him in time to the medic...

Význam ,clinical guidelines´ pro určení náležité odborné úrovně poskytování zdravotních služeb

Czech Academy of Sciences Publication Activity Database

Smrž, Ivo

2017-01-01

Roč. 7, č. 1 (2017), s. 13-27 ISSN 1804-8137 Institutional support: RVO:68378122 Keywords : clinical guidelines * medical negligence * liability Subject RIV: AG - Legal Sciences OBOR OECD: Law http://www.ilaw.cas.cz/medlawjournal/index.php/medlawjournal/article/view/133/121

Innovative negligence rules

NARCIS (Netherlands)

Dari-Mattiacci, G.; Franzoni, L.A.

2014-01-01

Often, injurers or victims (or both) can adopt a new technology that reduces the social costs of accidents. When adoption costs are not verifiable in court, optimal adoption decisions cannot be induced by means of an appropriate determination of negligence. Hence the parties might either over- or

Risk evaluation and mitigation strategies for drugs with abuse liability: public interest, special interest, conflicts of interest, and the industry perspective.

Science.gov (United States)

Wright, Curtis; Schnoll, Sidney; Bernstein, David

2008-10-01

Risk evaluation and mitigation strategies (REMS) formerly known as Risk Minimization Action Plans (RiskMAPs) are a regulatory technique for dealing with anticipated risks of new medications and are especially important for new drugs with abuse potential. This paper describes the origin and history of risk-management plans for drugs that might be abused, the proper use of these plans in minimizing the risk to the public, and the special difficulties inherent in managing risks for drugs with abuse potential. Drugs with abuse liability are distinctive since the risks inherent in manufacture and distribution include not only risks to patients prescribed the medications, but also risks to the general public including subgroups in the population not intended to get the drug and who receive no medical benefit from the medication. The crafting of risk-management plans intended to protect nonpatient populations is unique for these products. The content, extent, and level of intensity of these plans affect areas of medical ethics, civil liability, and criminal prosecution. The need for risk-management plans for drugs with abuse liability can potentially act as a deterrent to investment and is a factor in decisions concerning the development of new medications for the treatments of pain, ADHD, anxiety disorders, and addictions. This paper provides a framework for moving the process of REMS development forward and criteria for evaluating the probity and adequacy of such programs.

Future financial liabilities of nuclear activities

International Nuclear Information System (INIS)

1996-01-01

This report deals with future financial liabilities arising from nuclear activities, in particular electricity generation. Future financial liabilities are defined as costs which an organisation or company is expected to meet beyond some five years as a consequence of its current and past activities. The study provides a comprehensive picture on policies for recognizing and funding future financial liabilities arising from nuclear activities and their implementation schemes in Nea Member countries. Mechanisms for reporting and funding future financial liabilities are described, analysed and compared. The report offers some findings, conclusions and recommendations for consideration by Member countries. The nuclear activities considered in the report include nuclear research and development, nuclear industry sectors such as uranium mining and milling, conversion and enrichment, nuclear fuel fabrication, nuclear power plant operation and maintenance, and radioisotopes production. Future financial liabilities arising from these activities cover management and disposal of radioactive wastes, reprocessing of spent fuels when applicable and decommissioning of facilities at the end of their life time. 12 refs., 14 figs., 16 tabs

Comparative evaluation of civil liability conventions on radioactive and oil pollution and liability under international law

International Nuclear Information System (INIS)

Hoche, A.

1988-01-01

In the event of transfrontier radioactive pollution or oil pollution, compensation for damage may be sought under two different liability systems: there is the framework of international law of liability of international persons, and there is the liability regime established by international conventions. The latter system has adopted a very friendly attitude towards the claims of a private victim claiming compensation from the private polluter. The book first sets out the basic principles and practice of the two liability systems, also considering the latest developments and current discussions advocating the acknowledgement of the principle of strict and absolute liability in international law. The relationship of the two systems is the major issue of the book, and the Chernobyl reactor accident has made it a particularly topical issue at that. The problems arising in the wake of this accident have shown the need for clarification in this field. The author suggests as a practical approach a strict separation of the two bases of claims, so that parallel or successive procedure on the level of international law or civil law is possible. Finally the problem of avoiding duplication in the payment of compensation is discussed. (orig./HP) [de

Direct liability of corporations and their personnel under CERCLA

International Nuclear Information System (INIS)

Landreth, L.W.

1991-01-01

The prevailing liability theory applied to those persons who have caused, through their action or inaction, the release of a hazardous substance is that CERCLA provides a statutory basis for direct personal liability This direct avenue to liability is in conflict with well-settled principles of corporate limited liability. This paper discusses the impact CERCLA has had on the common law concepts of liability for corporations and their members

Nuclear third party liability under Polish law

International Nuclear Information System (INIS)

Lewaszkiewic-Petrykowska, B.

1988-01-01

This paper describes the system governing liability for nuclear incidents in Poland. The Atomic Energy Act of 10 April 1986, which entered into force on 1 July 1986, covers all aspects of nuclear activities, including third party liability. Such liability is channelled onto the nuclear operator who must take out insurance to cover his liability up to an amount fixed in the contract. The Act provides that questions not settled by its provisions are governed by the Civil Code; therefore, if personal injuries exceed that amount victims may claim the difference from the State under that Code (NEA) [fr

Limiting the liability of the nuclear operator

International Nuclear Information System (INIS)

Reyners, P.

1986-01-01

This article discusses the questioning of a fundamental principle of the special nuclear third party liability regime by certain NEA countries: the limitation of the nuclear operator's liability. This regime, set up since the late fifties at European then at worldwide level, had until now been widely adopted in the national legislation of most of the countries with a nuclear power programme. The author analyses the different arguments in favour of restoring unlimited liability for the nuclear operator and attempts to define its implications for the future of the nuclear third party liability regime in NEA countries. (NEA) [fr

Liability for Diagnosing Malingering.

Science.gov (United States)

Weiss, Kenneth J; Van Dell, Landon

2017-09-01

Malingering is a medical diagnosis, but not a psychiatric disorder. The label imputes that an evaluee has intentionally engaged in false behavior or statements. By diagnosing malingering, psychiatrists pass judgment on truthfulness. Evaluees taking exception to the label may claim that the professional has committed defamation of character (libel or slander) when the diagnosis is wrong and costs the claimant money or benefits. Clinicians may counter by claiming immunity or that the diagnosis was made in good faith. This problem has come into focus in military and veterans' contexts, where diagnoses become thresholds for benefits. Through historical and literary examples, case law, and military/veterans' claims of disability and entitlement, the authors examine the potency of the malingering label and the potential liability for professionals and institutions of making this diagnosis. © 2017 American Academy of Psychiatry and the Law.

Medical error reduction and tort reform through private, contractually-based quality medicine societies.

Science.gov (United States)

MacCourt, Duncan; Bernstein, Joseph

2009-01-01

The current medical malpractice system is broken. Many patients injured by malpractice are not compensated, whereas some patients who recover in tort have not suffered medical negligence; furthermore, the system's failures demoralize patients and physicians. But most importantly, the system perpetuates medical error because the adversarial nature of litigation induces a so-called "Culture of Silence" in physicians eager to shield themselves from liability. This silence leads to the pointless repetition of error, as the open discussion and analysis of the root causes of medical mistakes does not take place as fully as it should. In 1993, President Clinton's Task Force on National Health Care Reform considered a solution characterized by Enterprise Medical Liability (EML), Alternative Dispute Resolution (ADR), some limits on recovery for non-pecuniary damages (Caps), and offsets for collateral source recovery. Yet this list of ingredients did not include a strategy to surmount the difficulties associated with each element. Specifically, EML might be efficient, but none of the enterprises contemplated to assume responsibility, i.e., hospitals and payers, control physician behavior enough so that it would be fair to foist liability on them. Likewise, although ADR might be efficient, it will be resisted by individual litigants who perceive themselves as harmed by it. Finally, while limitations on collateral source recovery and damages might effectively reduce costs, patients and trial lawyers likely would not accept them without recompense. The task force also did not place error reduction at the center of malpractice tort reform -a logical and strategic error, in our view. In response, we propose a new system that employs the ingredients suggested by the task force but also addresses the problems with each. We also explicitly consider steps to rebuff the Culture of Silence and promote error reduction. We assert that patients would be better off with a system where

Environmental liability for receivers, trustees and others in the petroleum industry

International Nuclear Information System (INIS)

Pawluck, B.K.

1999-01-01

A practical review is made of issues that a secured creditor, receiver, trustee, or other third party may encounter, and it is not intended to give a legal opinion or interpretation of the law. The scope of the treatment is the environmental liability under the appropriate Federal and Alberta legislation. No other issue in recent years has occasioned such concern amongst receivers, trustees, and other third parties and their appointed representatives than the risk of being held liable for environmental damage. Given the risk of being personally liable, these people are reluctant to take possession of potentially hazardous assets and, in some instances, have chosen to walk away. Strategies are addressed that interested parties may utilize, and a review is included of the relevant legislation and case law which relates directly to trustees and others with respect to environmental liability. It is evident that while the Bankruptcy and Insolvency Act is untested as yet, it provides that notwithstanding a ny federal and provincial law, a trustee is not personally liable for any environmental condition that arose before the trustee's appointment or after the trustee's appointment, unless the damage occurred as a result of gross negligence or willful misconduct. Claims for environmental damage have a superior priority. Hence the risk for all interested parties may be substantial, and accordingly, due diligence should be exercised when thinking of dealing with sensitive environmental issues. 5 refs

Liability for nuclear damage. An international perspective

International Nuclear Information System (INIS)

Lopuski, J.

1993-01-01

The book deals with some of the complex issues of liability and compensation for nuclear damage which have been considered in the course of the work of the IAEA concerning the revision of the Vienna Convention on nuclear liability. It presents, in an orderly way, personal reflections of its author based on this experience gathered in years 1989-1992 when participating in this work. Necessarily it contains in some of its parts references to documents of the IAEA Standing Committee on Nuclear Liability; these documents because of their length could not be reproduced. Consequently these parts may be fully intelligible for those who have not participated in or closely followed in Committee's work. The IAEA work on liability for nuclear damage was initiated in the wake of the impact made on the world's public opinion by the Chernobyl incident and its transboundary effects; issues of international state liability and full compensation have been raised. But humanitarian ideas have quickly been confronted with cold calculations of the cost of financial protection for victims and an open unwillingness of some nuclear states the engage their liability; conflict of interests between nuclear and non-nuclear states has been manifested. After three years of discussion no wide consensus could be reached on some basic issues, such as: relationship between international state and civil liability regimes, structures of international legislation, concept of nuclear damage, limits of compensation, role of public funds or jurisdiction. The author presents his approach to these controversial issues, trying to provide at the same time a theoretical outline for the future international legislation on nuclear liability. (author)

Liability exposure for surgical robotics instructors.

Science.gov (United States)

Lee, Yu L; Kilic, Gokhan; Phelps, John Y

2012-01-01

Surgical robotics instructors provide an essential service in improving the competency of novice gynecologic surgeons learning robotic surgery and advancing surgical skills on behalf of patients. However, despite best intentions, robotics instructors and the gynecologists who use their services expose themselves to liability. The fear of litigation in the event of a surgical complication may reduce the availability and utility of robotics instructors. A better understanding of the principles of duty of care and the physician-patient relationship, and their potential applicability in a court of law likely will help to dismantle some concerns and uncertainties about liability. This commentary is not meant to discourage current and future surgical instructors but to raise awareness of liability issues among robotics instructors and their students and to recommend certain preventive measures to curb potential liability risks. Published by Elsevier Inc.

Liability for on-site nuclear property damage

International Nuclear Information System (INIS)

Neems, H.J.

2000-01-01

Typically, liability for on-site property addressed in contracts between operator and its suppliers. Nuclear power plant operators ordinarily protect themselves against risk of nuclear damage to on-site property by insurance. Nuclear liability laws do not specifically address liability for nuclear damage to on-site property. Nuclear plant owners should address risk of damage to on-site property when developing risk management program

Looking at nuclear liability and insurance in Russia

International Nuclear Information System (INIS)

Schwartz, J.

1997-01-01

A recent seminar in Moscow has addressed the issue of nuclear liability and insurance in the Russian nuclear industry since the breakup of the Soviet Union. The potential benefits of joining the international liability regime and adopting comprehensive nuclear liability legislation were discussed. The need to establish appropriate nuclear insurance structures and provide indemnity to cover the liability were also debated. Whether these changes can be put into action or not is less certain than the need for them. (UK)

Modeling non-maturing liabilities

OpenAIRE

von Feilitzen, Helena

2011-01-01

Non‐maturing liabilities, such as savings accounts, lack both predetermined maturity and reset dates due to the fact that the depositor is free to withdraw funds at any time and that the depository institution is free to change the rate. These attributes complicate the risk management of such products and no standardized solution exists. The problem is important however since non‐maturing liabilities typically make up a considerable part of the funding of a bank. In this report different mode...

Focus on the future of nuclear liability law

International Nuclear Information System (INIS)

Pelzer, N.

2000-01-01

The main nuclear liability principles are examined. Then, aspects newly introduced by the 1997 Convention on Supplementary Compensation and by the new austrian nuclear liability law are studied. Then general deliberations on the extent and the limits of a civil nuclear liability regime are tackled. (N.C.)

46 CFR 5.69 - Evidence of criminal liability.

Science.gov (United States)

2010-10-01

... INVESTIGATION REGULATIONS-PERSONNEL ACTION Statement of Policy and Interpretation § 5.69 Evidence of criminal liability. Evidence of criminal liability discovered during an investigation or hearing conducted pursuant... 46 Shipping 1 2010-10-01 2010-10-01 false Evidence of criminal liability. 5.69 Section 5.69...

Intangible liabilities: beyond models of intellectual assets

OpenAIRE

García Parra, Mercedes; Simó Guzmán, Pep; Sallán Leyes, José María; Mundet Hiern, Joan

2009-01-01

Purpose – Most models of intellectual capital measurment equal intellectual capital with intellectual assets. Nevertheless, companies sometimes must incur liabilities to make intellectual assets truly actionable. This fact suggests the existence of intangible liabilities. The aim of this paper is to refine the methods of assessment of intellectual capital by refining and extending the concept of intangible liabilities. Design/methodology/approach – The paper consists of a literature revi...

Nuclear liability, nuclear safety, and economic efficiency

International Nuclear Information System (INIS)

Wood, W.C.

1980-01-01

This dissertation applies the methods of economic analysis to nuclear liability and Price-Anderson. First the legislative history is reviewed; in that history the economic role of liability in affecting safety and allocating risk was virtually ignored. Succeeding chapters reformulate issues from the policy debate and subject them to economic analysis. A persistent issue is whether nuclear utilities respond to their limited liability by allowing a higher probability of serious accident. Comparative-static analysis shows that limited liability does lead to a higher chance of accidents, though the effect may be small. The analysis also shows that safety is achieved in a more capital-intensive manner than is cost-minimizing and that limited liability causes reactor owners to favor more heavily populated sites for plants. Therefore, the siting decision makes potential loss greater even if there is no change in the probability of an accident. Citizens' preferences on nuclear liability are examined next, starting with the nature of coverage that would be just in the sense of contraction theories such as John Rawls' Theory of Justice. Citizens behind Rawls' veil of ignorance, forced to be fair because of their ignorance of whether they will be harmed, unanimously choose a high level of coverage. The just level of coverage is greater than the existing $560 million. Second, the nature of economically efficient liability coverage is determined and contrasted with coverage that would emerge from a democratic system of public choice. Population and expected damage profiles indicate that majorities could easily be formed among groups of citizens expecting to suffer little of the damage of a nuclear accident. Thus, majority voting on liability arrangements is likely to produce an inefficiently low level of coverage

Common Purpose Liability versus Joint Enterprise: A Practical View on the ICC's Hierarchy of Liability Theories

NARCIS (Netherlands)

Cupido, M.

2016-01-01

On 7 March 2014, Trial Chamber II of the International Criminal Court (ICC) convicted Germain Katanga for war crimes and crimes against humanity. Katanga's conviction is based on the concept of common purpose liability as regulated in Article 25(3)(d) of the Rome Statute. This liability theory

Causation in negligence: from anti-jurisprudence to principle--individual responsibility as the cornerstone for the attribution of liability.

Science.gov (United States)

Bagaric, Mirko; Erbacher, Sharon

2011-06-01

Causation is one of the most esoteric and poorly defined legal principles. The common law standards of the "but for" test and common sense are, in reality, code for unconstrained judicial choice. This leads to a high degree of unpredictability in negligence cases. Changes to the causation standard following the torts reforms have done nothing to inject principle into this area of law: the concept of "appropriateness" is no more illuminating than common sense. Despite this, the trend of recent High Court decisions offers some prospect of clarifying the test for causation. Key themes to emerge are an increased emphasis on individual responsibility and the associated concept of coherency with other legal standards. This article examines the doctrinal reasons underpinning the increasingly important role of these ideals and suggests how they can be accommodated into the test for causation to inject greater coherence and predictability into this area of law.

Negative liability

NARCIS (Netherlands)

Dari-Mattiacci, G.

2009-01-01

Negative and positive externalities pose symmetrical problems to social welfare. The law internalizes negative externalities by providing general tort liability rules. According to such rules, those who cause harm to others should pay compensation. In theory, in the presence of positive

Common and specific liability to addiction: approaches to association studies of opioid addiction.

Science.gov (United States)

Nielsen, David A; Kreek, Mary Jeanne

2012-06-01

Opioid addiction, whether to opiates such as heroin and morphine, and/or to non-medical use of opioids, is a major problem worldwide. Although drug-induced and environmental factors are essential for the liability to develop opioid addiction, the genetic background of an individual is now known also to play a substantial role. The overall goal of this article is to address the common and specific liabilities to addiction in the context of approaches to studies of one addiction, opioid addiction. Literature on identifying genetic variants that may play a role in the development of opioid addiction was reviewed. A substantial number of genetic variants have been reported to be associated with opioid addiction. No single variant has been found in any of the reported GWAS studies with a substantial effect size on the liability to develop heroin addiction. It appears that there is a complex interaction of a large number of variants, some rare, some common, which interact with the environment and in response to specific drugs of abuse to increase the liability of developing opioid addiction. In spite of the inherent difficulties in obtaining large well-phenotyped cohorts for genetic studies, new findings have been reported that are being used to develop testable hypotheses into the biological basis of opioid addiction. Copyright © 2012. Published by Elsevier Ireland Ltd.

Vicarious liability and criminal prosecutions for regulatory offences.

Science.gov (United States)

Freckelton, Ian

2006-08-01

The parameters of vicarious liability of corporations for the conduct of their employees, especially in the context of provisions that criminalise breaches of regulatory provisions, are complex. The decision of Bell J in ABC Developmental Learning Centres Pty Ltd v Wallace [2006] VSC 171 raises starkly the potential unfairness of an approach which converts criminal liability of corporations too readily into absolute liability, irrespective of the absence of any form of proven culpability. The author queries whether fault should not be brought back in some form to constitute a determinant of criminal liability for corporations.

[Learning from the experiences of an arbitration unit for medical liability questions].

Science.gov (United States)

Scheppokat, K D

2005-03-01

While other countries', e.g. the United States', experience with alternative dispute resolution (ADR) in medical malpractice has been disappointing, German physicians have instituted extrajudicial claims resolution as an alternative to civil litigation: Established by the Arztekammern (corporate bodies of professional self-governance) in the mid-1970s, the Schlichtungsstellen (SchlSt--claims resolution panels) offer patients and doctors, on a voluntary basis, proceedings directed toward achieving a settlement. The number of cases submitted to these panels has been constantly growing since. In 90% of cases decided upon by the panel, civil litigation was avoided. Doctors can, as exemplified by the operation of the SchlSt, tackle difficult and complex problems and solve them--without being funded or directed by outside agencies. What can be learnt from being, as a physician member, associated with a SchlSt for several years? (1) Physicians--as Eddy has pointed out--must make decisions about complex problems under difficult conditions on the basis of inadequate information. Expert testimony suffers from similar uncertainties. Decisions on individual cases cannot be improved by external and necessarily generalized ruling (disease management programs, other directives). (2) Errors and adverse events in medical care have to be accepted as principally unavoidable. Most claims heard by the panel have to do with operations and--in the non-surgical specialties--with invasive procedures. Medical tasks of high complexity, as many operative and invasive procedures indeed are, seem to have an inherent accident-proneness. Therefore decisions as to operations and invasive procedures should be weighed with utmost care. More is not always better (3) 25% of the patients filing claims with the SchlSt complain of deficient doctor-patient-communication. Failure of doctors and staff to communicate adequately with the patients and with their professional contacts plays an important role as

37 CFR 10.78 - Limiting liability to client.

Science.gov (United States)

2010-07-01

... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Limiting liability to client... Office Code of Professional Responsibility § 10.78 Limiting liability to client. A practitioner shall not attempt to exonerate himself or herself from, or limit his or her liability to, a client for his or her...

Clinical negligence and the need to keep professionally updated.

Science.gov (United States)

Tingle, John

Nurses and doctors are under a legal duty to keep reasonably up to date; this is a fundamental aspect of their legal duty of care to their patients. A nurse or doctor could be negligent if a patient is harmed because of ignorance of well accepted and known published nursing and medical research findings. It is all a question of fact and degree and cases will turn on their own circumstances. There are a number of reported court cases which explore this issue and which contain useful guidance. These cases are discussed within the context of the new NHS and the Government's emphasis on health quality, and increasing healthcare litigation.

26 CFR 50.5 - Liability for the tax.

Science.gov (United States)

2010-04-01

... 26 Internal Revenue 17 2010-04-01 2010-04-01 false Liability for the tax. 50.5 Section 50.5... TAXES (CONTINUED) REGULATIONS RELATING TO THE TAX IMPOSED WITH RESPECT TO CERTAIN HYDRAULIC MINING § 50.5 Liability for the tax. Liability for tax attaches to any person engaged at any time during the...

New Swiss legislation on nuclear third party liability

International Nuclear Information System (INIS)

Fischer, U.

1981-10-01

Following a description of the Paris Convention and Brussels Supplementary Convention system for nuclear third party liability and that prevailing until now in Switzerland, the paper reviews the new Swiss nuclear third party liability Bill prepared after a popular consultation. The new provisions are analysed and in particular, that providing for unlimited liability. (NEA) [fr

The Liability of the Employer and the Liability of the Employees between Civil Law and Labour Law

Directory of Open Access Journals (Sweden)

Alexandru POPA

2010-02-01

Full Text Available The working relationships based on the individual labour contract have an unprecedented aspect in civil law, namely, inequity of parts during the performance of the contract. This inequity is transposed in theoretical and applicative plan by the existence of the subordination report between the employer and employee. The lack of balance of the forces between the two parts of the contract constituted the necessary element for the birth of the new law branch which, by its settlements, to compensate this drawback. Though, in matter of liability, this “law of inequity” does not distinguish as a creator of new and independent institutions from “the general law”, apparently confining only at the removing or compensating the premises of the parts inequity. Thus, the Romanian labour law create a specific institution named patrimonial liability which involve applicable rules in the legal relationship arise from the individual labour contract that represent an exception from the common rules of the civil liability but does not completely delimit from it and using it as a decipherer resource of its elements and as supplement resource.The patrimonial liability does not exclude in all the situations the co-existence of other forms of civil, contravention or criminal liability if the necessary elements for their incidence occur.

Claims expenses and limits of liability in third party liability insurances

International Nuclear Information System (INIS)

Rehmann, J.

1992-01-01

After the Chernobyl accident, more than 300,000 individual claims totalling DM 440 million were settled in Germany, even though the level of radiation was relatively low. This has alerted insurers to the potential level of expenses connected with the handling and settlement of claims following a major nuclear accident which, it is estimated, could amount to DM 50 million per 100,000 claims. The Paris Convention (PC) states the principle of congruence between liability and coverage for nuclear installations. The minimum amounts of liability and coverage must be exclusively reserved for the compensation of accident victims. This paper will show that in PC countries, the majority of claims expenses - both internal and external -are borne by the insurers in addition to the sums insured for the compensation of third parties, with limited extensions of coverage in some cases. The situation is different in non-PC countries, and particularly in the United States of America, where expenses are included in the total sum insured together with compensation payments to third parties. This situation would not pose a problem if the minimum amounts of liability and coverage as stated in the PC were still applicable. In practice, most countries have since increased these amounts substantially, thus reducing the insurers' ability to make the maximum possible capacity available for indemnities to victims. Thus, before further increasing the statutory limits of liability, governments should, when conducting the Nuclear Energy Agency revision of the PC, consider allowing insurers to include claims handling expenses in their total sums insured; with a finite amount of risk, insurers would then be able to commit their full capacity instead of withholding a safety buffer for an open-ended commitment. (author)

Limitation of Auditors' Liability

DEFF Research Database (Denmark)

Werlauff, Erik; Foged-Ladefoged, Lise Kolding

2014-01-01

The article examines the question of whether rules on the limitation of auditors’ liability within the perspective of EU law are needed, and if so, which rules can provide an appropriate balance between the potential injured party’s interests and those of the auditing sector, including with respect...... to the fact that the insurance premiums associated with an unlimited liability must of course make the auditor’s tasks more expensive. Relevant EU recommendations and a comparative glance at other EU countries’ proposed solutions to the problem are included....

Comment: Legal Liability as Climate Change Policy

OpenAIRE

Hilary Sigman

2007-01-01

Several U.S. states have attempted to use of legal liability imposed on greenhouse gas emitters as a public policy instrument for climate change. This brief comment considers the desirability of this approach, focusing on three possible roles for climate change liability: as a source of compensation, as a direct influence on greenhouse gas concentrations, and as a means to facilitate the adoption of ex ante public policies to control greenhouse gases. The strongest argument for liability may ...

The application of strict criminal liabilities to spillage of oil: the practical impact on effective spill response

International Nuclear Information System (INIS)

Gallagher, J.J.

2002-01-01

The Federal Water Pollution Control Act as amended by the Oil Pollution Act of 1990 provides criminal penalties in oil spills that result from criminal activity, gross negligence or wilful misconduct on the part of the spiller. Nevertheless, the Department of Justice has seen fit to reach into unrelated legislation to potentially apply strict criminal liability to any oil spill regardless of intent. Strict criminalization of accidental oil spills is demonstrably counterproductive to effective protection of the environment from the effect of spills since it poses a serious impediment to cooperation and coordination by and between those charged by law to respond to them. This impediment is particularly dangerous since it threatens the proper functioning of the inherently sensitive ''troika'' Unified Command Structure that has evolved in spill response management in response to OPA-90 management requirements. Introduction of strict criminal liability for accidental spills is also particularly troublesome in that it must enlist unrelated law to influence an area that has been addressed specifically by legislation designed for that purpose; legislation that has worked well in the past 30 years to both regulate the target activities while successfully achieving the objective of protecting and improving environment quality. (author)

On the optimal environmental liability limit for marine oil transport

International Nuclear Information System (INIS)

Di Jin; Kite-Powell, H.L.

1999-01-01

Recent changes in the US liability regime for oil pollution damage have intensified a policy debate about environmental liability limits. Economic theory suggests that some type of limit may be needed under certain conditions, and that such a limit should be set so that the marginal social benefit and cost are equal. However, it is unclear how a liability limit may be determined specifically for tanker shipping in US waters. We first examine conditions under which corner solutions (no liability or unlimited liability) are desirable. We then formulate a model to determine a socially optimal liability limit for oil pollution damage in US waters when a non-zero, finite liability limit is desirable. The model captures the tradeoff between less expensive energy supply and more stringent protection of the marine environment. Numerical simulations illustrate the properties of the model and major factors affecting the public policy decision regarding a liability limit. (author)

Transfrontier nuclear civil liability without international conventions

International Nuclear Information System (INIS)

Dogauchi, M.

1992-01-01

Japan is not a contracting party of any international convention in the field of nuclear civil liability, and neither are other east Asian countries who have or will soon have nuclear plants. Therefore, the ordinary rules on private international law will play an important role in dealing with transfrontier nuclear civil liability. Above all, the problems on judicial jurisdiction and governing law are crucial points. With regard to the relations between the above countries and the countries whose legal systems are within the framework of Paris or Vienna Conventions, geographical scopes of these conventions are to be considered. There are two different parts in the international civil liability conventions: uniform civil liability law and mutual funds. As to the first, it is important that, even without the conventions, the basic structure of the nuclear civil liability laws in non-member countries are almost the same with those of members. In any event, considering that the establishment of a single international regime to cover all countries will be hardly possible, legal consequences under the private international law will be explored. (author)

The underwriting process of liability insurance in South Africa

Directory of Open Access Journals (Sweden)

Anderson, S. E.

2014-03-01

Full Text Available Liability risks may embody far-reaching financial consequences for individuals, business enterprises and professional people. This paper focuses on the underwriting process which should be taken into consideration by short-term insurers when they are underwriting the main types of liability insurance, which include employer’s, householder’s, personal, product, professional and public liability insurance. The improvement of financial decision-making by short-term insurers when underwriting liability insurance represents the objective of this research. A study of secondary data was done to identify the existing literature, which formed the basis for compiling a questionnaire to obtain primary data. The top 10 short-term insurers which are the market leaders of liability insurance in South Africa and who received more than 85% of the annual gross written premiums for liability insurance in South Africa, represented the sample of the empirical study. This paper highlights the importance of the underwriting factors concerning liability insurance, how often the stipulations of insurance policies should be adjusted by the short-term insurers to account for the underwriting factors, as well as the problem areas which the underwriters may experience when they are underwriting liability insurance. Possible solutions to solve the problem areas were also addressed

Progress towards a global nuclear liability regime

International Nuclear Information System (INIS)

2014-01-01

During its April 2014 meeting, the Steering Committee for Nuclear Energy held a policy debate on 'Progress towards a Global Nuclear Liability Regime'. The Steering Committee heard presentations from several experts on nuclear liability issues. To prepare the delegates to the Steering Committee for the policy debate, the NEA Secretariat prepared a background note on the status of the nuclear liability regimes, as well as on current issues and challenges in implementing the regimes. This article is based on the background note and is intended to provide basic information on the relevant international conventions and an overview of recent developments to enhance the understanding of the legal framework in which policy-makers and practitioners are engaging to respond to the call for broader adherence to the international liability instruments. (authors)

Civil liability versus state liability in case of a nuclear incident - some thoughts inspired by the Vienna Convention revision exercise

International Nuclear Information System (INIS)

Reyners, P.

1992-01-01

The juridical reconstruction involved in the current work in the International Atomic Energy Agency (IAEA) for revision of the Vienna Convention on Civil Liability for Nuclear Damage is not simply a matter of re-surfacing the edifice of private law liability. It has also led certain architects to draw up plans for the foundations of a regime of State responsibility in this field, based on the strict liability of States to compensate for transfrontier damage. Following the post-Chernobyl stocktaking by the author and Otto von Busckist for the Tokyo Congress in 1989, this report sets out to analyse the question of the implementation of States' liability in the case of a nuclear accident, from the viewpoints of positive law, the work of the International Law Commission and specific aspects linked to the nuclear risk. It also examines the proposals in this regard deposited with the IAEA Standing Committee on Liability for Nuclear Damage. (author)

Reassessing the nuclear liability regime

International Nuclear Information System (INIS)

Havinh Phuong

1985-01-01

The nuclear liability regime was thoroughly reviewed by nuclear plant operators, officials of regulatory authorities, and legal and insurance experts at the Symposium on Nuclear Third Party Liability and Insurance, held in September 1984 in Munich, Federal Republic of Germany. The symposium highlighted specific areas where adjustments or improvements would be needed in order to cope with practical problems encountered or emerging issues. By focusing on questions of legitimate concern to the public, it also sought to promote confidence in a compensation system for public protection that is in many ways unique. Topics addressed included the following: greater harmonization of the compensation amounts for nuclear damage established in different countries and in territorial scope; the concept of unlimited liability; the time limitation for compensation claims; the problem of proving causation; the concept of nuclear damage; and insurance coverage

26 CFR 1.752-2 - Partner's share of recourse liabilities.

Science.gov (United States)

2010-04-01

... creditor's right to repayment of a partnership liability is limited solely to one or more assets of the... partnership liability equals the portion of that liability, if any, for which the partner or related person... risk of loss for a partnership liability is made under the rules in paragraphs (b) through (k) of this...

Current US nuclear liability regime

International Nuclear Information System (INIS)

Brown, O.F.

2000-01-01

The Price-Anderson Act Adopted by US Congress in 1957 as the world's first national nuclear liability regime. It is a comprehensive, complicated and unique system and stems from special features of US legal regime and federal system of government. It differs from other systems by providing for 'economic', not legal; channeling of liability to facility operator and not recommended as model for other states, but most features adopted by other states and international conventions

The international liability funds in the maritime field

Directory of Open Access Journals (Sweden)

Mišo Mudrić

2009-08-01

Full Text Available This Paper aims to explore the current system of the international liability funds in the maritime field. Through the systematic economical, legal and political analysis of the current and envisaged international, regional and national liability funds connected to the pollution of the seas, an overview of the function, efficiency and critical considerations of the chosen liability funds will be presented. A comparison between the international system of the compensation for the oil pollution damage (and the pending hazardous and noxious substances compensation model, and that of the United States is necessary, in order to determine a difference in approaches these two systems use to tackle the burning issues of oil (and hazardous and noxious substances spills. A special consideration will be devoted to the questions of limited or unlimited liability, scope and strength of the Protection & Indemnity insurance and reinsurance market, problems of the channeling of the liability, moral hazard of the financial caps, and the general lack of the liability funds in the maritime field. Finally, an attempt will be made to consolidate the difference in opinions regarding the previously mentioned issues, and to predict the possible routes of changes awaiting the fund compensation systems.

19 CFR 181.62 - Commercial samples of negligible value.

Science.gov (United States)

2010-04-01

... 19 Customs Duties 2 2010-04-01 2010-04-01 false Commercial samples of negligible value. 181.62... Returned After Repair or Alteration § 181.62 Commercial samples of negligible value. (a) General. Commercial samples of negligible value imported from Canada or Mexico may qualify for duty-free entry under...

Valuation of Non-Life Liabilities from Claims Triangles

Directory of Open Access Journals (Sweden)

Mathias Lindholm

2017-07-01

Full Text Available This paper provides a complete program for the valuation of aggregate non-life insurance liability cash flows based on claims triangle data. The valuation is fully consistent with the principle of valuation by considering the costs associated with a transfer of the liability to a so-called reference undertaking subject to capital requirements throughout the runoff of the liability cash flow. The valuation program includes complete details on parameter estimation, bias correction and conservative estimation of the value of the liability under partial information. The latter is based on a new approach to the estimation of mean squared error of claims reserve prediction.

Liability for damage to the global commons

International Nuclear Information System (INIS)

Leigh, K.

1993-01-01

The 'global commons' discussed in this paper are the areas beyond the limits of national jurisdiction. Responsibility to prevent environmental damage to these areas is clearly recognized in customary international law. On the other hand, although liability for such damage undoubtedly has a useful role to play in protecting these areas, the precise nature of liability for such damage is unclear. Some issues, such as whether liability for such damage is strict or tied to breaching a standard of care and the definition of environmental damage, equally arise in relation to damage to the environment of States. Others, such as who could take action to enforce the liability and the nature of the remedy, raise special problems in the case of damage to the global commons. The work under way in the IAEA Standing Committee on Liability for Nuclear Damage provides an opportunity for clarifying these issues in relation to nuclear damage to the global commons. Treaties dealing with particular types of damage which have recently been adopted or are currently being developed in other fields provide a starting point in dealing with this matter. More work, however, needs to be done

Nuclear third party liability in Germany

International Nuclear Information System (INIS)

Raetzke, Christian

2016-01-01

The German system of nuclear third party liability has always been, and arguably still is, the object of considerable interest in the international nuclear law community. This may seem surprising since Germany adheres to the Paris Convention and is therefore a party to a community of 15 states all following the same principles enshrined in this Convention. In fact, when implementing the PC, Germany chose the approach ensuring the most literal adherence to the PC's principles: it adopted the PC in its entirety, thus directly transposing the PC text into binding German law, instead of enacting a national law derived from, but not literally translating, the PC. At the same time, perhaps no other nation has made use of the options, choices and margins offered or abandoned by the PC to the national legislators, or kept in store by way of a reservation at signature of the Convention, in such an extended manner, testing - and as has even been contended in the past: stressing - the boundaries of the PC system. Unlimited liability introduced in 1985, the highest financial security of any PC state (EUR 2.5 billion), unlimited territorial scope combined with the principle of reciprocity and liability of German operators even in the force majeure cases of Article 9 of the PC are probably the most interesting decisions made by Germany in this context, established in the Atomic Energy Act (Atomgesetz). These choices betray a certain tendency of the German government to give the greatest possible benefit to victims, and in parallel to achieve a 'normalisation' of the nuclear liability regime, without stifling the industry. Within the compromise underlying the international nuclear liability regime - enabling the nuclear industry to create and sustain an energy sector highly relevant for national electricity production on the one hand and protecting potential victims on the other - Germany has more and more shifted the balance, as far as practically possible, to the

Civil liability for nuclear damage

International Nuclear Information System (INIS)

1963-01-01

An international Convention on Civil Liability for Nuclear Damage was adopted in Vienna on 19 May 1963 by a sixty-nation conference convened by the International Atomic Energy Agency. The Convention, which is subject to ratification by the States signing it, will come into force three months after the deposit of the fifth instrument of ratification. The Convention is designee only to establish minimum rules regarding civil liability for nuclear damage; it may thus well be described as a framework convention, the main provisions of which represent the essential common denomination acceptable to as many States as possible. It leaves wide scope for national legislation and regional arrangements with a view to implementing these provisions The Convention does not purport to create a uniform civil law in this field, but it contains the minimal essential for protection of the public and forms the legal basis for uniform world-wide liability rules

Exposing government response action contractors to environmental tort liability

International Nuclear Information System (INIS)

Roy, M.J.

1991-01-01

Government contractors, particularly those involved with hazardous waste response action activities, are encountering increased risks for environmental tort liabilities. Contracts often include tasks and work assignments requiring the management of industrial, chemical, nuclear or mining wastes, spent fuels, munitions or other toxic substances. Contractors exposure to liability for damages results directly from the environmental laws and regulations pursuant to which the Government has contracted them to respond. Additionally, contractors may be exposed to common law liability under such dogmas as nuisance, trespass and strict liability in tort

Optimal Rules of Negligent Misrepresentation in Insurance Law

DEFF Research Database (Denmark)

Lando, Henrik

This article analyzes rules for negligent misrepresentation in insurance contract law. Before contract signature, the applicant can be asked by the insurer to fill in a questionnaire concerning the risk, and may then omit or make untrue statements about facts. Such misrepresentation is considered...... negligent by the court when it is unclear the misrepresentation was due to a mistake or intentional. Rules of negligent misrepresentation differ significantly across jurisdictions. For example, the rule of common law allows the insurer to rescind the contract, whereas the German rule does not allow...... of these rules through an analysis of the degree to which the insured should be allowed to lower coverage in case of negligent misrepresentation. On the one hand, a strict rule renders it easier for an insurer to separate different types of risk without having to use other costly means of separation...

46 CFR 298.38 - Partnership agreements and limited liability company agreements.

Science.gov (United States)

2010-10-01

... 46 Shipping 8 2010-10-01 2010-10-01 false Partnership agreements and limited liability company... liability company agreements. Partnership and limited liability company agreements must be in form and...) Duration of the entity; (b) Adequate partnership or limited liability company funding requirements and...

Unlimited - nuclear liabilities in the Federal Republic of Germany

International Nuclear Information System (INIS)

Arendt, W.

1986-01-01

Unlimited nuclear liabilities as in force in the Federal Republic of Germany go beyond the international rules of the Paris liability agreement. The unlimited liability mainly roots in the positive operational experiences and safety balance of the 20 nuclear power plants which meanwhile are in operation in the Federal Republic of Germany. Nuclear liabilities must not be confounded with scepticism as to the utilization of nuclear power. Extraordinary requirements of that kind should rather be reflecting responsibility and clear ideas and notions of the advantages and risks of nuclear energy. (HSCH) [de

Should nuclear liability limits be removed. Yes

International Nuclear Information System (INIS)

Haas, L.

1985-01-01

Arguing in favor of unlimited liability in the event of a nuclear accident, the author cites a mathematical probability of a core meltdown in the US as 45% during the next 20 years. The liability insurance carried by the nuclear industry is less than for large hotels and industrial parks, and is only a small fraction of the potential costs of damage and compensation. If nuclear technology is safe, limits are not needed. If liability is limited, it removes the incentive to improve safety and sends inaccurate price signals to utilities choosing among competing technologies. There is also the ethical aspect of shifting liability costs from ratepayers and stockholders to accident victims and general taxpayers. There are other ways to finance nuclear risks, such as a sinking fund, the removal of the nuclear exclusion in property insurance policies, and annual retrospective assessments per reactors

The Pulse of Liability of Foreignness

DEFF Research Database (Denmark)

Kaiser, Ulrich; Sofka, Wolfgang

companies. Such liabilities of foreignness are persistent in nature. We investigate the causes behind these detrimental effects. We identify two major factors conceptually: a lack of legitimacy in the host country on the demand side and a lack of responsiveness on the side of the multinational corporation......Globalization has provided many companies with new opportunities for growth and efficiency. This requires them to operate successfully across cultural and social borders. These can be stumbling blocks to internationalization and have been found to cause frequent errors and delays for multinational...... that legitimacy is the dominant factor behind the effects of liability of foreignness. As customer experience increases, liability of foreignness caused by a lack of responsiveness becomes more of an issue....

The safety-incentive theory of liability

International Nuclear Information System (INIS)

Marshall, J.M.

1977-11-01

The use of liability law to improve incentives for safety is supported by certain recent theoretical results. The main ideas and the key argumants are summarized. Basic weaknesses of the theory are discussed, namely: (1) the simple model of Calabresi does not generalize; (2) the more complex systems of J.P. Brown, P. Diamond, and J. Green require that courts possess a great deal of information and use it to set appropriate standards of due care; (3) in practice safety incentives also depend upon fear of criminal penalties and the sense of social responsibility. The questions whether and when liability rules can significantly affect incentives are addressed. It is concluded that the theory in its present state can hardly serve as a basis for altering liability rules

Electronuclear Park, Privatization and Civil Strict Liability

International Nuclear Information System (INIS)

Mondello, Gerard Camille

2008-01-01

The civil strict liability regime of the electronuclear industry is a fundamental variable for preventing risk. Because prices of other energies as oil or gas are becoming higher and unpredictable, nuclear power becomes cost-effective and may favour the partial privatization of nuclear parks. By considering theoretical traditional liability models, we study the conditions that ensure the most efficient safety level when comparing natural monopoly situation and Bertrand duopoly. Our results are that natural monopoly is safer than duopoly only when strict liability is fully applied. We define conditions that neutralize risk for applying some privatization plan to nuclear park

Product Liability: A Neo-Austrian Based Perspective

NARCIS (Netherlands)

Folmer, H.; Heijman, W.J.M.; Leen, A.R.

2002-01-01

The paper is an exercise in a neo-Austrian based economic analysis of product liability. After a short historical introduction, we take two of the basic premises of Austrian economic thought and see which system of product liability results. If costs are subjective and entrepreneurship is the

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...

A review on liability in case of nuclear accident

International Nuclear Information System (INIS)

Gallage-Alwis, Sylvie; Faron, Pauline

2013-01-01

After having evoked assessments of the cost of a nuclear accident in France and of that of damages caused by the Fukushima accident, the authors propose an overview of the issue of liability of companies involved in the operation of a nuclear power plant. They outline that this regime is mainly governed by two international conventions: the Paris Convention on third party liability in the field of nuclear energy, and the Brussels Convention. The first one bears on the liability of nuclear installation operators, while the second one aims at ensuring an additional compensation of casualties on public funds. They also evoke the Vienna Convention which aims at defining a world regime for nuclear liability. They outline the limited scope of application of the Paris Convention, and the limitation of compensations. They discuss the liability of companies others than those operating nuclear installations

A report on 15 years of clinical negligence claims in rhinology.

Science.gov (United States)

Geyton, Thomas; Odutoye, Tunde; Mathew, Rajeev

2014-01-01

This study was designed to determine the characteristics of medical negligence claims in rhinology. In 2010-2011 the National Health Service (NHS) litigation bill surpassed 1 billion Great British Pounds (GBP; 1.52 billion U.S. dollars [US$]). Systematic analysis of malpractice complaints allows for the identification of errors and can thereby improve patient safety and reduce the burden of litigation claims on health services. Claims relating to ear, nose, and throat between 1995 and 2010 were obtained from the NHS Litigation Authority and were analyzed. The series contains 65 closed claims that resulted in payment totaling 3.1 million GBP (US$4.7 million). Fifty claims were related to surgical complications. Functional endoscopic sinus surgery and septoplasty were the procedures most commonly associated with successful claims. There were 11 cases of orbital injury including 6 cases of visual loss and 5 cases of diplopia. The most common cause of a claim was failure to recognize the complication or manage it appropriately. Lack of informed consent was claimed in eight cases. Other claims arose because of errors in outpatient procedures (two), diagnosis (six), delayed surgery (one), and errors in medical management (three). This is the first study to report the outcomes of negligence claims in rhinology in the United Kingdom. Claims in rhinology are associated with a high success rate. Steps that can be taken to reduce litigation include careful patient workup and ensuring adequate informed consent. Where there is a suspicion of orbital damage early recognition and intervention is needed to reduce long-term injury to the patient.

Analysis of your professional liability insurance policy.

Science.gov (United States)

SADUSK, J F; HASSARD, H; WATERSON, R

1958-01-01

The most important lessons for the physician to learn in regard to his professional liability insurance coverage are the following:1. The physician should carefully read his professional liability policy and should secure the educated aid of his attorney and his insurance broker, if they are conversant with this field.2. He should particularly read the definition of coverage and carefully survey the exclusion clauses which may deny him coverage under certain circumstances.3. If the physician is in partnership or in a group, he should be certain that he has contingent partnership coverage.4. The physician should accept coverage only from an insurance carrier of sufficient size and stability that he can be sure his coverage will be guaranteed for "latent liability" claims as the years go along-certainly for his lifetime.5. The insurance carrier offering the professional liability policy should be prepared to offer coverages up to at least $100,000/$300,000.6. The physician should be assured that the insurance carrier has claims-handling personnel and legal counsel who are experienced and expert in the professional liability field and who are locally available for service.7. The physician is best protected by a local or state group program, next best by a national group program, and last, by individual coverage.8. The physician should look with suspicion on a cancellation clause in which his policy may be summarily cancelled on brief notice.9. The physician should not buy professional liability insurance on the basis of price alone; adequacy of coverage and service and a good insurance company for his protection should be the deciding factors.

Liability for the Payment of Public School Fees

Directory of Open Access Journals (Sweden)

M Carnelley

2011-10-01

Full Text Available The author highlights some legal issues regarding the liability of parents and other individuals to pay public school fees in the light of recent judicial precedent, specifically Fish Hoek Primary School v GW 2009 JOL 24624 (SCA. The various possible legal bases for the liability for such fees are examined. In this regard the common law duty to maintain as amended by legislation; contractual liability; and the concepts of household necessaries, stipulatio alteri, negotiorum gestio and unjustified enrichment are considered.

Reconsideration of the principle of the nuclear operator's limitation of liability

International Nuclear Information System (INIS)

Hohlefelder, W.

1985-01-01

The author considers that the introduction of unlimited strict liability in nuclear liability law is now reasonable and appropriate; there is no need for liability and cover to coincide to ensure the soundness of the regime. The provisions in Article 7 of the Paris Convention regarding maximum amounts of liability can no longer be considered to be the sole permissible system. Interpretation on the basis of the spirit and the purpose of these rules indicates that also unlimited liability is permissible in the light of the economic and safety-related technical development of the peaceful uses of nuclear energy. Also, a deviation from the principle that limited liability and cover should tally seems possible. (NEA) [fr

Cargo liability regimes

Science.gov (United States)

2001-01-01

There are at present at least three international regimes of maritime cargo liability in force in different countries of the world - the original Hague rules (1924), the updated version known as the Hague-Visby rules (1968, further amended 1979), and...

Contractual liability: In European, comparative and Serbian law

Directory of Open Access Journals (Sweden)

Salma Jožef

2011-01-01

Full Text Available Contractual liability is an important topic of the ongoing reform of the effective Serbian Law on Obligations (2007-2009, which aims to harmonize the national legislation in this field with the laws of the European Union. In this paper the author analyzes the evolution of the traditional European civil codes (the German BGB, French Code civil, the Austrian ABGB the Swiss OR and the Hungarian Civil Code, with due attention to the doctrine and jurisprudence, taking into account the proposed reforms of the effective Serbian Law on Obligations concerning issues of contractual liability, such as the legal consequences of nonperformance, misperformance, default, etc. The author is of the opinion that the notion of the breach of contract doesn't cover all the cases in which contractual liability arises, although it embraces nonperformance, misperformance and default. The notion of contractual liability, namely, covers not only the cases of breach of contract, but the infringement of public policy, good morals and mandatory rules, which all lead to the nullity of the contract. In cases of voidable contracts (that is in case of defects of contractual will, such as mistake, deceit and duress it is questionable whether the scope of contractual liability should be extended to mistake, which is a case of nonconscious discrepancy between contractual will and its expression. It is undisputable that contractual liability arises in case of deceit and duress, to the burden of the party acting in bad faith. The rescission of contract entails a separate complex of legal issues, since it may be justified by the other party's breach of the contract. It can also be onesided, two-sided or by a mutual agreement. Furthermore, specific rules apply to rescission of contract due to changed circumstances. In case of termination of a contract by mutual agreement, the parties usually agree on the extent of liability, that is on the extent of indemnification. Contractual

Strengthening Canada's nuclear liability regime

International Nuclear Information System (INIS)

McCauley, D.; Henault, J.

2014-01-01

On January 30, 2014, a Bill entitled the Energy Safety and Security Act, was introduced in Parliament that, among other things, would strengthen Canada's nuclear civil liability legislation by replacing the current Nuclear Liability Act. The proposed legislation also includes implementing provisions that would permit Canada to join the International Atomic Energy Agency's Convention on Supplementary Compensation for Nuclear Damage. This paper will discuss the importance of a comprehensive civil liability regime for nuclear damage to a country's legislative framework for nuclear development and will present the key elements of Canada's new legislation and the policy considerations behind them. (author))

Liability aspects of home energy-rating systems

Energy Technology Data Exchange (ETDEWEB)

Hendrickson, P.L.

1983-10-01

Liability aspects of home energy rating systems are discussed. An introduction to the rating system concept, including types of rating systems, implementation efforts to date, and possible groups to conduct ratings, is also included. The home energy rating system concept involves the periodic rating of the energy efficiency of residential buildings. The rating can provide a relative indication of a home's energy efficiency and also a quantitative estimate of consumption, fuel cost, or both. Primary attention is given to liability issues associated with developing and performing ratings. Secondary attention is given to possible liability associated with misuse of a rating once it has been performed.

[Analysis of the causes of cancer negligence and low survival in the patients with malignant neoplasms of ENT and oral cavity in the city of Moscow].

Science.gov (United States)

Sdvizhkov, A M; Kozhanov, L G; Shatskaia, N Kh; Belov, E N

2014-01-01

The objective of the present study was to elucidate the causes of late detection of malignant neoplasms of ENT and oral cavity and low survival of the patents with these tumours in Moscow. The secondary objective was to elaborate the organizational measures for reducing the level of negligence and mortality from these malignancies among the city population. It was shown that the main cause behind the negligence is the late application of the patients for the medical assistance. Next in importance are asymptomatic clinical course of the disease in the absence of the pathognomonic and early signs of malignant neoplasms, a combination of several pathologies, imperfection of medical knowledge, and the poor resolving power of the modern methods. It is emphasized that the lack of vigilance against cancer among the practicing health providers is one of the main causes of medical errors. A few ways to address the problem of negligence with respect to malignant neoplasms of ENT and oral cavity in Moscow are proposed.

Internet in the workplace: censorship, liability, and freedom of speech.

Science.gov (United States)

Sherwill-Navarro, P

1998-01-01

Most hospital medical libraries are supported by private, corporate funds and thus fall under the corporation's policies in regard to discrimination, harassment, and sexual harassment. With the free flow of information available on the Internet and through e-mail, it is mandatory to create a corporate policy for appropriate use and review of materials. Access to "questionable" or inappropriate Internet sites is not a freedom of speech issue in a private corporation; it is a potential liability for the corporation, the library, and the librarian. It is also a misuse of company resources.

Nuclear civil liability international system. Evolution prospects

International Nuclear Information System (INIS)

Reyners, P.

1996-01-01

This paper sets out the necessity of a special system of international conventions in the scope of nuclear civil liability. Then the main principles of the conventions in Paris and Vienna are described. Recently, works have been carried out in order to improve and modernize the civil liability system. (TEC). 4 tabs

31 CFR 321.15 - Liability for losses.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Liability for losses. 321.15 Section... INSTITUTIONS OF UNITED STATES SAVINGS BONDS AND UNITED STATES SAVINGS NOTES (FREEDOM SHARES) Losses Resulting From Erroneous Payments § 321.15 Liability for losses. Under the governing statute, as amended (31 U.S...

Chernobyl and the international liability regime

International Nuclear Information System (INIS)

Brunner, G.; Schmidt, C.

1986-01-01

The authors investigate whether Federal German citizens would have any success in claiming compensation for damage as a result of the Chernobyl reactor accident in a Soviet court, and the answer is positive in terms of substantive law. Actions would have to be filed against the AES at Chernobyl to the Chernobyl county court, which would examine the claims according to Soviet (Ukrainian) civil law, and taking into account two aspects of liability, namely strict liability, and liability in tort. However, it would indeed be more realistic to expect that any such action would be dismissed by the court upon the directive of political authorities, as the Soviet Government certainly would have no interest at all to give any foreign citizen the chance to win a case in such a politically significant matter. (orig./HSCH) [de

Proposed Amendments to the Nuclear Liability

International Nuclear Information System (INIS)

1981-01-01

This Memorandum issued by the Swedish Ministry of Justice contains proposed amendments to the 1968 Nuclear Liability Act which can be divided into two categories. Those in the first category are required to enable Sweden to ratify the draft Protocols to amend the Paris Convention and the Brussels Supplementary Convention. The second category of amendments propose that the nuclear operator's liability be raised from the present sum of 50 million Kroner to 500 million Kroner, to be covered by insurance; it is also proposed that a State liability be introduced over and above the compensation available, the aggregate amount being limited to 300 million Kroner. State indemnification would apply to the Nordic countries. The Annexes to the Memorandum contain the English and French texts of the draft Protocols to amend both above-mentioned Conventions (NEA) [fr

The 1968 Brussels convention and liability for nuclear damage

International Nuclear Information System (INIS)

Sands, Ph.; Galizzi, P.

2000-01-01

The legal regime governing civil liability for transboundary nuclear damage is expressly addressed by two instruments adopted in the 1960's: the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy and the 1963 Vienna Convention on Civil Liability for Nuclear Damage These establish particular rules governing the jurisdiction of national courts and other matters, including channelling of liability to nuclear operators, definitions of nuclear damage, the applicable standard of care, and limitations on liability. Another instrument - the 1968 Brussels Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters (hereinafter referred to as 'the Brussels Convention') - which is not often mentioned in the nuclear context will nevertheless also be applicable in certain cases. It is premised upon different rules as to forum and applicable law, and presents an alternate vision of the appropriate arrangements governing civil liability for nuclear damage. In this paper we consider the relative merits and demerits of the Brussels Convention from the perspective of non-nuclear states which might suffer damage as a result of a nuclear accident in another state. We conclude that in the context of the applicability of the Brussels Convention the dedicated nuclear liability conventions present few attractions to non-nuclear states in Europe. We focus in particular on issues relating to jurisdiction and applicable law, and do so by reference to a hypothetical accident in the United Kingdom which has transboundary effects in Ireland. (author)

The New World of Interaction Recording for Medical Practices.

Science.gov (United States)

Levy, Michael

2016-01-01

Today's medical practice staff communicates remotely with patients, pharmacies, and other medical providers in new ways that go far beyond telephone calls. Patient care and communication are now being provided via telecommunications technologies, including chat/IM, screen, Skype, and other video applications. This new paradigm in patient care, known as "telehealth" or "telemedicine," could put medical practices at risk for noncompliance with strict HIPAA and other regulations. Interaction recording encompasses these new means of communication and can help medical practice staff achieve compliance and reduce financial and liability risks while improving operations and patient care. This article explores what medical practices need to know about interaction recording, what to look for in an interaction recording solution, and how to best utilize that solution to meet compliance, manage liability, and improve patient care.

Playing It Safe: Part I.

Science.gov (United States)

Penman, Kenneth A.; Niccolai, Frances R.

1985-01-01

The first of a series of articles explains the legal principles of tort liability, waiver of liability, comparative negligence, assumption of risk, and contributory negligence. Summarizes the kinds of cases going to court involving sport facility design and operation. (MLF)

Historical Drawbacks of Limited Liability

Directory of Open Access Journals (Sweden)

Denis Boyle

2016-07-01

Full Text Available Limited liability is a human invention which has facilitated enormous economic growth around the world, particularly since the time of its general application in advanced countries during the nineteenth century. The individual legal identity of companies, coupled with the limited liability of their owners, has provided protection for investors from the risks associated with their investments. It has thus contributed to increase the sources of capital available to finance projects which might otherwise have been considered unviable. However, the legal protection offered to investors has negative consequences for other participants in economies. Speculation in stock markets often damages society. It is very important to study the drawbacks of limited liability and to suggest modifications to achieve a more stable, less volatile, economic growth in the world. Although this article goes to some lengths to recognise the work of authors who emphasise the positive historical economic contribution of limited lability, its main objective is to provoke a reflection around texts which point out the drawbacks and propose solutions.

Liability according to civil law regarding border-crossing nuclear damage

International Nuclear Information System (INIS)

Baer, Caroline

1987-12-01

The problem of the liability in border-crossing damage caused by a nuclear-reactor accident is divided into two different areas: the liability according to international law of the state, and liability according to civil right of the licensee of a nuclear power plant. In this study attention is paid to the question of the liability according to civil right: is it possible that an aggrieved obtains compensation for damage? This is investigated on the basis of three standard questions of international private law: which judge is qualified, which law is to be applied, and is acknowledgement and execution of foreign sentences possible? First a historical survey is given of international agreements and national legislations regarding third-party liability. (author). 112 refs

Time Consistent Strategies for Mean-Variance Asset-Liability Management Problems

Directory of Open Access Journals (Sweden)

Hui-qiang Ma

2013-01-01

Full Text Available This paper studies the optimal time consistent investment strategies in multiperiod asset-liability management problems under mean-variance criterion. By applying time consistent model of Chen et al. (2013 and employing dynamic programming technique, we derive two-time consistent policies for asset-liability management problems in a market with and without a riskless asset, respectively. We show that the presence of liability does affect the optimal strategy. More specifically, liability leads a parallel shift of optimal time-consistent investment policy. Moreover, for an arbitrarily risk averse investor (under the variance criterion with liability, the time-diversification effects could be ignored in a market with a riskless asset; however, it should be considered in a market without any riskless asset.

The Texas space flight liability act and efficient regulation for the private commercial space flight era

Science.gov (United States)

Johnson, Christopher D.

2013-12-01

In the spring of 2011, the American state of Texas passed into law an act limiting the liability of commercial space flight entities. Under it, those companies would not be liable for space flight participant injuries, except in cases of intentional injury or injury proximately caused by the company's gross negligence. An analysis within the framework of international and national space law, but especially informed by the academic discipline of law and economics, discusses the incentives of all relevant parties and attempts to understand whether the law is economically "efficient" (allocating resources so as to yield maximum utility), and suited to further the development of the fledgling commercial suborbital tourism industry. Insights into the Texas law are applicable to other states hoping to foster commercial space tourism and considering space tourism related legislation.

27 CFR 479.31 - Liability for tax.

Science.gov (United States)

2010-04-01

... 27 Alcohol, Tobacco Products and Firearms 3 2010-04-01 2010-04-01 false Liability for tax. 479.31... OTHER FIREARMS Special (Occupational) Taxes § 479.31 Liability for tax. (a) General. Every person who... United States shall pay a special (occupational) tax at a rate specified by § 479.32. The tax shall be...

Liability for nuclear damage and compensation therefor

International Nuclear Information System (INIS)

Prochazkova, D.

1996-01-01

The basic principles are outlined of the Paris Convention on Third Party Liability in the Field of Nuclear Energy, the Brussels Convention Supplementary to the Paris Convention, the Vienna Convention on Civil Liability for Nuclear Damage, and the Joint Protocol Relating to the Application of the Paris Convention and the Vienna Convention. (P.A.)

The French regime of civil liability for nuclear

International Nuclear Information System (INIS)

Leger, Marc

2013-01-01

As civil liability for nuclear is a matter of discussion and initiatives at the European and international levels, the author proposes an overview of the legal framework of the French regime of civil liability for nuclear which is a combination of two international treaties (Paris and Brussels conventions) and a national arrangement (a 1968 law). He presents and comments the main characteristics of this regime (geographical scope of application, concerned activities, excluded events, covered damages, principles regarding operator's liability) and the improvements brought by Paris and Brussels convention review protocols

The claims handling process of liability insurance in South Africa

Directory of Open Access Journals (Sweden)

Jacoline van Jaarsveld

2015-04-01

Full Text Available Liabilities play a very important financial role in business operations, professional service providers as well as in the personal lives of people. It is possible that a single claim may even lead to the bankruptcy of the defendant. The claims handling process of liability insurance by short-term insurers is therefore very important to these parties as it should be clear that liability claims may have enormous and far-reaching financial implications for them. The objective of this research paper embodies the improvement of financial decision-making by short-term insurers with regard to the claims handling process of liability insurance. Secondary data was initially studied which provided the basis to compile a questionnaire for the empirical survey. The leaders of liability insurance in the South African short-term insurance market that represented 69.5% of the annual gross written premiums received for liability insurance in South Africa were the respondents of the empirical study. The perceptions of these short-term insurers provided the primary data for the vital conclusions of this research. This paper pays special attention to the importance of the claims handling factors of liability insurance, how often the stipulations of liability insurance policies are adjusted by the short-term insurers to take the claims handling factors into consideration, as well as the problem areas which short-term insurers may experience during the claims handling process. Feasible solutions to address the problem areas are also discussed.

An Analysis of Error Reconciliation Protocols for use in Quantum Key Distribution

Science.gov (United States)

2012-02-01

INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN // CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR...of the messages passed, and that the time to prepare or separate the message information is negligible . Finally, for this experiment all errors...of interactions becomes negligible . In fact, of the three protocols, experiments performed here have shown that Winnow produces the highest average

Suicide and psychiatrist's liability in Italian law cases.

Science.gov (United States)

Terranova, Claudio; Sartore, Daniela

2013-03-01

The aim of the study is to analyze the factors that are most frequently associated with a verdict of guilty delivered to the psychiatrist in cases of a patient's suicide in Italian law. Twenty-six sentences (1975-2009) were analyzed according to the claim of malpractice, patient characteristics, circumstances of the suicide, and reasons for the court's judgment. The court held the psychiatrist guilty in 12 cases, considering that the act of suicide was predictable and could have been avoided. Predictability was mainly related to errors in surveillance (7 cases), therapy (1 case), or both (2 cases). An error in diagnosis was considered to be related to the patient's death in two cases. Analysis of medical behavior considered to be erroneous and associated with a verdict of guilty provides an opportunity to discuss the topics relevant not only to practicing psychiatrists but also to experts assessing medical liability in cases of patient suicide. © 2012 American Academy of Forensic Sciences.

CONFLICT OF DUAL LOYALTY AND ISSUES OF LIABILITY WHEN PROVIDING HEALTH CARE

Directory of Open Access Journals (Sweden)

Olga Sovová

2017-12-01

Full Text Available The paper examines topical questions of the conflict of dual loyalty when providing health and medical care in the context of the liability of regulated medical professions. The paper specifies, describes and identifies the impact of professional particularities on the sphere of activity of the vocational holder in general and the particularities in the Czech Republic. The conflict of dual loyalty is highlighted in the relations emerging when providing the medical care, in particular in the relation patient - medical professional - provider of medical care. The article is anchored in the methods of the interpretation of law together with the interpretation from the general to the specific. The medical professionals get very often into the dual loyalty conflict, which concerns legal obligations and the ethics of the profession. The paper examines the difference between the conflicts of dual loyalty and interests. Based on the above mentioned the paper concludes that the conflict of the dual loyalty and the responsibility of medical profession have many forms, but there are legal, ethical and economic possibilities to solve in in favour of the patient.

A CONCEPTUAL PERSPECTIVE REGARDING PRODUCT LIABILITY

Directory of Open Access Journals (Sweden)

Daniela POPESCU

2010-01-01

Full Text Available This study analyses a current and highly important problem because we are in front of an unrecorded growth of the production volume in parallel with its diversification. Due to the fact that the introduction in production of the new products is preceded by the subsequent execution of some manually manufactured prototypes, the products are manufactured afterwards on an industrial scale. Under these circumstances there is the possibility of small errors which affect the consumer’s behaviour towards the new products. That is why, in auditing the focus is on the careful supervision of the opinions of the consumers and especially of the shortcomings of some products indicated by consumers in order to remove these from the manufacturing line. Under these circumstances, a very tight connection is required between the producers and the consumers, and a special liability of the producers towards those products. At the same time this is also a worldwide concern for the regulation of the products responsibility which has already been adopted by some large manufacturing countries. The recent example of USA was followed by the European legislation. That is why American organisations which export to Europe have to be warned because the law of product liability has been adopted in many European countries. The insurance companies are usually paying the initial losses for the cases of product liability. The manufacturer of a product has to protect itself from the risk of being brought to trial or at least to reduce the risk to a level where he could afford a reasonable profit or a continuous growth. In order to meet this objective, we need a product liability prevention program. This study analyses the product liability prevention program and presents some of the essential common elements for such a program. Therefore, one can argue that in order to have an effective product liability prevention program, some operations are required as for example

25 CFR 141.57 - Procedures to cancel liability on bond.

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Procedures to cancel liability on bond. 141.57 Section 141.57 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR FINANCIAL ACTIVITIES BUSINESS... Procedures to cancel liability on bond. (a) Any surety who wishes to be relieved from liability arising on a...

Negligence: What Is It? How Can It Be Avoided?

Science.gov (United States)

Carpenter, Linda Jean; Acosta, R. Vivian

1982-01-01

The physical educator or athletic coach needs to be aware of negligence in relation to the possible athletic injuries of students. The four legal components of negligence--duty, breach, cause, and harm--are discussed. (JN)

Civil liability concerning nuclear accidents

International Nuclear Information System (INIS)

Anon.

2013-01-01

France and the USA wish to cooperate in order to promote an international regime of civil liability in order to give a fair compensation to victims of nuclear accidents as it is recommended by IAEA. On the other hand the European Commission has launched a consultation to see the necessity or not to harmonize all the civil liability regimes valid throughout Europe. According to the Commission the potential victims of nuclear accidents would not receive equal treatment at the European scale in terms of insurance cover and compensation which might distort competition in the nuclear sector. (A.C.)

Status of medical liability claims in Saudi Arabia

International Nuclear Information System (INIS)

Samarkandi, A.

2006-01-01

With the evolution of health services in Saudi Arabia, there has been increase in the number of medical practice litigations. The author analyzed the medical malpractice litigation that was referred to the National Medico-Legal Committee (MLC) in order to evaluate the magnitude and underlying factors of the problem in Saudi Arabia. A retrospective analysis of the official records of Medico-Legal malpractice over the period 1420H-1424H (199-2003) was performed. The incidence among different medical specialties, location, and final resolution of each claim were identified. Data analysis revealed an increasing trend in the total number of claims over the study period, with a sharp increase in the transition between 1422H and 1423H (2001-200). The distribution of claims over different medical specialties showed that obstetrical practice took the lead with 27%, followed by general surgery and subspecialties, represented by 17% each, internal medicine 13%, while pediatrics contributed 10% of claims: the fewest claims were in dentistry with 2.5%. The majority of claims were referred to the Ministry of Health and private sectors medical facilities. Most claims were from the Riyadh region over the period between 1420H to 1422H (1999-2001), while thereafter, during 1423 and 1424H (2002 and 2003), the Holy Capital had the highest number of claims referred to the MLC. Adherence to standards of medical practice is by far the best approach to avoid or reduce the incidence of litigation. (author)

Organizational Mortality: The Liabilities of Newness and Adolescence.

Science.gov (United States)

Bruderl, Josef; Schussler, Rudolf

1990-01-01

Contains a theoretical discussion and an empirical test of Stinchcombe's "liability of newness" hypothesis, which assumes higher failure risks for young organizations than for older ones. This hypothesis does not adequately represent mortality hazards of German business organizations. A "liability of adolescence" concept…

Optimization of the company tax liability

OpenAIRE

Jelínková, Blanka

2010-01-01

This thesis introduces the tax system of the Czech Republic. The corporate income tax in particular is specified in bigger detail. Its basic structural elements are described with the focus on the transformation of the accountable profit to the tax base. The practical part is divided into chapters, each of which deals with the optimization of the amount of the real tax liability. The content, instruments mentioned and methods for decreasing company tax liability applied suggest this work more...

Asset liability management using stochastic programming

OpenAIRE

Pirbhai, M; Mitra, G; Kyriakis, T

2003-01-01

This chapter sets out to explain an important financial planning model called asset liability management (ALM); in particular, it discusses why in practice, optimum planning models are used. The ability to build an integrated approach that combines liability models with that of asset allocation decisions has proved to be desirable and more efficient in that it can lead to better ALM decisions. The role of uncertainty and quantification of risk in these planning models is con...

Medical Malpractice

DEFF Research Database (Denmark)

Grembi, Veronica

2014-01-01

MM first came to the attention of policy makers primarily in the USA where, from the 1970s, healthcare providers denounced problems in getting insurance for medical liability, pointing out to a crisis in the MM insurance market (Sage WM (2003) Understanding the first malpractice crisis of the 21th...

PENGARUH MANAJEMEN ASET, MANAJEMEN LIABILITI, MANAJEMEN ASET LIABILITI TERHADAP ECONOMIC VALUE ADDED (EVA PADA PERBANKAN KONVENSIONAL YANG TERDAFTAR DI BURSA EFEK INDONESIA

Directory of Open Access Journals (Sweden)

H Hamidah

2013-08-01

Full Text Available Generally, company wants to optimize its profit. Properly manage the asset management, liability management and asset liability management can provide value added profits for the company. A sample of research consists of 18 banking companies listed at Indonesia Stock Exchange (IDX during the 2005-2009. This research investigate the relationship net loans/total earning assets (NLA, non performing loan (NPL, liabilities/total assets (LA, equity/total assets (EA, net interest margin (NIM, loan to deposite ratio (LDR on economic value added (EVA. The research use regression of panel data. The result show that net loans/total earning assets (NLA, liabilities/total assets (LA, equity/total assets (EA, net interest margin (NIM, loan to deposite ratio (LDR are have significant effect on economic value added (EVA but non performing loan (NPL.

Professional dental and oral surgery liability in Italy: a comparative analysis of the insurance products offered to health workers.

Science.gov (United States)

Di Lorenzo, Pierpaolo; Paternoster, Mariano; Nugnes, Mariarosaria; Pantaleo, Giuseppe; Graziano, Vincenzo; Niola, Massimo

2016-01-01

In Italy there has been an increase in claims for damages for alleged medical malpractice. A study was therefore conducted that aimed at assessing the content of the coverage of insurance policy contracts offered to oral health professionals by the insurance market. The sample analysed composed of 11 insurance policy contracts for professional dental liability offered from 2010 to 2015 by leading insurance companies operating in the Italian market. The insurance products analysed are structured on the "claims made" clause. No policy contract examined covers the damage due to the failure to acquire consent for dental treatment and, in most cases, damage due to unsatisfactory outcomes of treatment of an aesthetic nature and the failure to respect regulatory obligations on privacy. On entering into a professional liability insurance policy contract, the dentist should pay particular attention to the period covered by the guarantee, the risks both covered and excluded, as well as the extent of the limit of liability and any possible fixed/percentage excess. When choosing a professional liability contract, a dentist should examine the risks in relation to the professional activity carried out before signing.

Nuclear liability act and nuclear insurance

International Nuclear Information System (INIS)

Clarke, Roy G.; Goyette, R.; Mathers, C.W.; Germani, T.R.

1976-01-01

The Nuclear Liability Act, enacted in June 1970 and proclaimed effective October 11, 1976, is a federal law governing civil liability for nuclear damage in Canada incorporating many of the basic principles of the international conventions. Exceptions to operator liability for breach of duty imposed by the Act and duty of the operator as well as right of recourse, time limit on bringing actions, special measures for compensation and extent of territory over which the operator is liable are of particular interest. An operator must maintain $75,000,000. of insurance for each nuclear installation for which he is the operator. The Nuclear Insurance Association of Canada (NIAC) administers two ΣPoolsΣ or groups of insurance companies where each member participates for the percentage of the total limit on a net basis, one pool being for Physical Damage Insurance and the other for Liability Insurance. The Atomic Energy Control Board recommends to the Treasury Board the amount of insurance (basic) for each installation. Basic insurance required depends on the exposure and can range from $4 million for a fuel fabricator to $75 million for a power reactor. Coverage under the Operator's Policy provides for bodily injury, property damage and various other claims such as damage from certain transportation incidents as well as nuclear excursions. Workmen's Compensation will continue to be handled by the usual channels. (L.L.)

Professional liability in the safety and environmental context

International Nuclear Information System (INIS)

Matheson, J.A.; Price, A.A.; Scott, J.B.

1992-01-01

In Texas, the theories of liability under which professionals can be held liable are breach of contract, common law fraud or misrepresentation, failure to disclose, and the Texas Deceptive Trade Practices Act. Because case law involving safety or environmental professionals is scarce it is necessary to draw analogies from cases involving architects and engineers. These cases, however, may be directly applicable to those who are engineers. This paper reviews examples of these types of liabilities providing case references for each. The paper finishes with preventative steps for minimizing the liabilities of both consulting groups and practicing professionals

75 FR 16645 - Increase in the Primary Nuclear Liability Insurance Premium

Science.gov (United States)

2010-04-02

... Primary Nuclear Liability Insurance Premium AGENCY: Nuclear Regulatory Commission. ACTION: Final rule... impractical. The NRC is amending its regulations to increase the primary premium for liability insurance... protection requirements and indemnity agreements to increase the primary nuclear liability insurance layer...

12 CFR 229.56 - Liability.

Science.gov (United States)

2010-01-01

...) Comparative negligence. (i) If a person incurs damages that resulted in whole or in part from that person's negligence or failure to act in good faith, then the amount of any damages due to that person under paragraph (a)(1) of this section shall be reduced in proportion to the amount of negligence or bad faith...

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

Science.gov (United States)

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.

ASSETS AND LIABILITIES DEPENDENCE: EVIDENCE FROM AN EUROPEAN SAMPLE OF BANKS

Directory of Open Access Journals (Sweden)

Cociuba Mihail Ioan

2014-12-01

Full Text Available In this paper we analyzed the correlation between asset and liabilities using the canonical correlation method, in the case of correlation we analyze the interdependence between two variables, by using canonical correlation analyses we study the interdependence between two groups of variables, X consisting of p variables and Y with q variables from which the best linear combination can be constructed to maximize the correlation between X and Y. While on the financial markets the relation between variables may be linear or non-linear and although canonical correlation analyses only the linear combination of variables it is a more efficient tool than then simple correlation.The asset group which we analyze is composed of different types of loans, derivatives and other earning assets, while in the group of liabilities we have deposits (short and long term, interest bearing liabilities and trading liabilities. We find that the assets and liabilities in the banking sector are directly linked. In the context of the global financial crisis (2007-2008 and the afterwards financial recession this direct correlation between assets and liabilities created a vicious cycle in which the losses from assets had a direct impact on the liabilities which also influenced the levels of assets.The behavior of different variables is important, especially in the financial markets, mainly due to the structure of financial markets. The banking sector and the systemic risk associated with it can affect the financial system and even the whole economy so the study of the correlation of assets and liabilities may give us insights on the causes of the financial crises. We use a panel of fifty-nine European banks for the 2004-2011 period and we analyses the correlation between assets and liabilities. We find that there exists a direct and strong connection between different classes of assets held by banks and the structure of liabilities. The impact of the economic crisis on

Nuclear Liability Legislation in the Republic of Croatia

International Nuclear Information System (INIS)

Sladonja, B.

1998-01-01

This paper contains a basic data about the legislation referring to third party liability for nuclear damage in Croatia. It also, gives some drafting provisions in the Croatian Nuclear Liability Act, but only those which implements a substantial changes compared to the Act currently in force. (author)

[Clinical safety and professional liability claims in Orthopaedic Surgery and Traumatology].

Science.gov (United States)

Bori, G; Gómez-Durán, E L; Combalia, A; Trilla, A; Prat, A; Bruguera, M; Arimany-Manso, J

2016-01-01

The specialist in orthopaedic and traumatological surgery, like any other doctor, is subject to the current legal provisions while exercising their profession. Mandatory training in the medical-legal aspects of health care is essential. Claims against doctors are a reality, and orthopaedic and traumatological surgery holds first place in terms of frequency of claims according to the data from the General Council of Official Colleges of Doctors of Catalonia. Professionals must be aware of the fundamental aspects of medical professional liability, as well as specific aspects, such as defensive medicine and clinical safety. The understanding of these medical-legal aspects in the routine clinical practice can help to pave the way towards a satisfactory and safe professional career. The aim of this review is to contribute to this training, for the benefit of professionals and patients. Copyright © 2015 SECOT. Published by Elsevier Espana. All rights reserved.

Liability and damages in Japanese nuclear law

International Nuclear Information System (INIS)

Hoshino, E.

1981-01-01

The Japanese legislation relating to nuclear liability is based on two laws which date back to 1961, i.e. the law concerning compensation for nuclear damage and the law concerning financial damage compensation indemnification. In Japan, the legal channelling of liability is in force, a contractual recourse is not possible unless there is intent. The financial security act in Japan consists of a (third-party) liability insurance contract concluded with a private insurer and the cover contract concluded with the state. According to the agreement on financial security concluded between government and operator, the operator has to pay the state a certain sum per year. Basically, the amount covered is DM 50 million per site. This sum will be increased to DM 90 million. The operator is fully liable. The state is not bound by law to fully cover damages but will be - de facto - prepared to do so anyway. For potential damage to personnel, the social insurance law is applicable as it is in the Federal Republic of Germany. However, this damage is intended to be subject to nuclear liability, to be effected by an amendmend. (orig./HP) [de

Nuclear Liability, State of the Art

International Nuclear Information System (INIS)

Reitsma, S. M. S.

2010-01-01

Over fifty years ago states started to introduce legislation protecting the public against the potential magnitude and peculiarity of risks arising from the nuclear energy production. They did so trough a specific liability and compensation regime. Whether legislation was based on national initiatives or, as more frequently, related to international nuclear liability conventions, it was based on a number of principles being applied universally. Furthermore, it at the same time strived for not preventing the development of the nuclear industry because of an unbearable liability. This paper aims at explaining the broad outline of the above legislation, its development since its early years, the state of the art as regards its modernisation as well as the (alleged) problems underlying the delay in its introduction in a number of countries. When dealing with those problems it will be inevitable to touch upon a number of insurance related matters, which, as an insurer I am happy to tell, will lead me to familiar territory.(author).

Fiscal Liability of State Contractors

Directory of Open Access Journals (Sweden)

Santiago Fajardo-Peña

2017-06-01

Full Text Available The State contract is one of the most important tools for public management. The formation, execution and liquidation of State contracts are also a potential cause of State patrimonial damages. Perhaps for this reason, many State contractors are prosecuted as if they were public spending managers. The question, however, is not as simple. The fiscal liability process has a qualified recipient: the fiscal manager. In this article, through a conceptual exposition and a case study, we identify the criterion for determining in which cases a State contractor acquires the function of controlling public funds and when he/she can be subjected to a fiscal liability.

Asymptotic density and effective negligibility

Science.gov (United States)

Astor, Eric P.

In this thesis, we join the study of asymptotic computability, a project attempting to capture the idea that an algorithm might work correctly in all but a vanishing fraction of cases. In collaboration with Hirschfeldt and Jockusch, broadening the original investigation of Jockusch and Schupp, we introduce dense computation, the weakest notion of asymptotic computability (requiring only that the correct answer is produced on a set of density 1), and effective dense computation, where every computation halts with either the correct answer or (on a set of density 0) a symbol denoting uncertainty. A few results make more precise the relationship between these notions and work already done with Jockusch and Schupp's original definitions of coarse and generic computability. For all four types of asymptotic computation, including generic computation, we demonstrate that non-trivial upper cones have measure 0, building on recent work of Hirschfeldt, Jockusch, Kuyper, and Schupp in which they establish this for coarse computation. Their result transfers to yield a minimal pair for relative coarse computation; we generalize their method and extract a similar result for relative dense computation (and thus for its corresponding reducibility). However, all of these notions of near-computation treat a set as negligible iff it has asymptotic density 0. Noting that this definition is not computably invariant, this produces some failures of intuition and a break with standard expectations in computability theory. For instance, as shown by Hamkins and Miasnikov, the halting problem is (in some formulations) effectively densely computable, even in polynomial time---yet this result appears fragile, as indicated by Rybalov. In independent work, we respond to this by strengthening the approach of Jockusch and Schupp to avoid such phenomena; specifically, we introduce a new notion of intrinsic asymptotic density, invariant under computable permutation, with rich relations to both

7 CFR 1767.19 - Liabilities and other credits.

Science.gov (United States)

2010-01-01

... this section shall be used by all RUS borrowers. Liabilities and Other Credits Margins and Equities... Income Taxes—Other Liabilities and Other Credits Margins and Equities 200Memberships A. This account... conformance with the bylaws of the cooperative. 219Other Margins and Equities A. This account shall include...

Nuclear liability amounts on the rise for nuclear installations

International Nuclear Information System (INIS)

Vasquez-Maignan, Ximena; Schwartz, Julia; Kuzeyli, Kaan

2015-01-01

The NEA Table on Nuclear Operator Liability Amounts and Financial Security Limits (NEA 'Liability Table'), which covers 71 countries, aims to provide one of the most comprehensive listings of nuclear liability amounts and financial security limits. The current and revised Paris and Brussels Supplementary Conventions ('Paris-Brussels regime'), the original and revised Vienna Conventions ('Vienna regime') and the Convention on Supplementary Compensation for Nuclear Damage, newly entered into force in April 2015, provide for the minimum amounts to be transposed in the national legislation of states parties to the conventions, and have served as guidelines for non-convention states. This article examine in more detail increases in the liability amounts provided for under these conventions, as well as examples of non-convention states (China, India and Korea)

Nuclear Liability and Insurance for nuclear Damage in Switzerland

International Nuclear Information System (INIS)

Reitsma, S. M. S.

1998-01-01

With nuclear power generating 43% of its total electricity production, Switzerland is amongst the states, employing the highest percentage of nuclear electricity. Although, the country has not ratified any of the international Nuclear Liability Conventions, its Nuclear Third Party Liability Act reflects all the principles, underlying those Conventions. The statutory liability of the operator of a Swiss nuclear installation itself being unlimited, the total insurance limit of CHF 770 m. provides the highest private insurance protection worldwide. With the support of its foreign Reinsurance Pools, the capacity for this insurance guarantee has, over more than 40 years, been built up by the Swiss Nuclear Insurance Pool. Apart from Third Party Liability cover, the Pool also provides Property insurance to Swiss nuclear installation operators and reinsurance cover to other nuclear insurers worldwide. (author)

Third party nuclear liability regime in the Romanian legislation - current status

International Nuclear Information System (INIS)

Chirica, T.; Chiripus, V.

2004-01-01

The regime of civil liability for nuclear damages in the Romanian legislation is defined by Law no. 703/2001 on civil liability for nuclear damages, as well as Government Decision no. 894/2003 for the approval of the Norms for the enforcement of Law no. 703/2001. These two documents constitute the legal framework that regulates the third party civil liability for nuclear damages. The paper aims at presenting to the audience the main elements of the relatively recent legal framework, namely: the scope of Law no. 703/2001, as well as the subjects to whom such law applies, the regime of civil liability for nuclear damages in Romania (with special emphasis on the relevant responsibilities of nuclear operators), the Romanian nuclear damages compensation system, statute of limitation for claims, types of insurance and financial guarantees covering against civil liability for nuclear damages, limits of nuclear operators' liability, specific requirements regarding the insurance, responsibilities of control and supervision bodies, assessment of nuclear damage.(author)

Particular aspects and limits of absolute nuclear liability

International Nuclear Information System (INIS)

Engelhard, M.; Brunengo, C.

1981-10-01

Ambiguities subsist concerning the application limits of conventional non-nuclear liability and nuclear liability. Based on three examples where the system of channelling liability onto the operator of a nuclear installation is not applied: holder of low-risk nuclear products or materials; nuclear/supplier contractual relations; and nuclear operator/third party relations, this paper outlines some practical solutions to the problems met. The solutions considered concern: suppression of nuclear risk exclusions in policies underwritten by persons who do not take part in the nuclear activity and generalizing and strengthening of the channelling of the nuclear risk onto the operator as well as creation of ''bridges'' between the existing Conventions. (NEA) [fr

31 CFR 315.56 - General instructions and liability.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false General instructions and liability. 315.56 Section 315.56 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued... and, where one is available, a corporate stamp or issuing or paying agent's stamp. (b) Liability. The...

29 CFR 4043.32 - Transfer of benefit liabilities.

Science.gov (United States)

2010-07-01

... the value of the assets being transferred— (i) Equals the present value of the accrued benefits... actuarial assumptions used in determining the value of benefit liabilities (and, if appropriate, the value... 29 Labor 9 2010-07-01 2010-07-01 false Transfer of benefit liabilities. 4043.32 Section 4043.32...

Negligent Rape and Reasonable Beliefs

DEFF Research Database (Denmark)

Hansen, Pelle Guldborg

2008-01-01

practice such defences are often acknowledged if the belief is reasonable by some general standard, even when this standard does not pertain to the rules currently governing the practice of intercourse in Denmark. As a result it has often been argued that the notion of negligent rape should be introduced...

The United States nuclear liability regime under the Price-Anderson Act

International Nuclear Information System (INIS)

Brown, O. F.

2011-01-01

The 1958 U. S. Price-Anderson Act created the worlds first national nuclear liability regime. It now provides US $12,6 Billion of nuclear liability coverage for the 104 nuclear power plants in the United States, by far the highest monetary coverage of any nuclear liability regime in the world. Each power plant operator provides nuclear hazards coverage for anyone liable through a combination of private insurance from the American nuclear insurance pool (now US$ 375 million) and a retrospective assessment (now US$111,9 million per power plant per incident plus 5 percent for claims and costs). The United States in 2008 ratified the International Atomic Energy Agency's Convention on Supplementary Compensation for Nuclear Damage (CSC). and is promoting it as the basis for a more global nuclear liability regime uniting States that are party to the Vienna Convention or the Paris Convention, or have a domestic law consistent with the CSC Annex. The CSC Annex was written to grad father the Price-Anderson Acts economic channeling of liability to the installation operator. The omnibus feature of Price-Anderson is similar to the legal channeling of all liability to the installation operator under the international nuclear liability conventions and domestic laws of many other countries. The Price-Anderson system (like the Vienna and Paris Conventions) does not provide liability coverage for nuclear damage to or loss of use of on-site property. (Author)

Preschoolers' Understanding of Lies and Innocent and Negligent Mistakes.

Science.gov (United States)

Siegal, Michael; Peterson, Candida C.

1998-01-01

Examined preschoolers' ability to distinguish innocent and negligent mistakes from lies. Found that, when asked to identify a mistake or lie about a food's contact with contaminants and identify a bystander's reaction, children distinguished mistakes from lies; they could also discriminate between lies and both negligent mistakes that generate…

Student Injuries at School: Who Is Responsible? You Be the Judge.

Science.gov (United States)

Diamantes, Thomas; Roby, Douglas E.

2000-01-01

Reviews the concepts of negligence and "tort liability." Outlines briefly 10 legal cases that can be useful in explaining what the liability issues are for today's educators with regard to students who are injured while in school. Outlines six steps school officials should take to avoid negligence. (SR)

Civil liability on nuclear activities; Responsabilidade civil nas atividades nucleares

Energy Technology Data Exchange (ETDEWEB)

Bittar, C A

1983-12-31

The civil liability theory in the actual context is shown in the first and second part of this thesis, including some considerations about concepts and types of liability in dangerous and not dangerous activities. In the third part, the legal aspects of civil liability for the nuclear activities are analyzed, with a brief description of the history evolution, standard systems, inspection corporation and juridical regulation. (C.G.C.). 239 refs.

18 CFR 367.2440 - Account 244, Derivative instrument liabilities.

Science.gov (United States)

2010-04-01

..., Derivative instrument liabilities. This account must include the change in the fair value of all derivative instrument liabilities not designated as cash flow or fair value hedges. Account 426.5, Other deductions... the fair value of the derivative instrument. ...

Sub-seabed burial of radioactive waste and liabilities

International Nuclear Information System (INIS)

Reyners, Patrick.

1982-10-01

The author of this report discusses the problems raised by application of the special third party liability system to damage which may result from embedding radioactive waste in the sub-seabed. The matter of general liability of the State for nuclear damage caused to the environment is also dealt with in this paper. (NEA) [fr

Liability in maritime transport of dangerous goods

International Nuclear Information System (INIS)

Feldhaus, H.

1985-01-01

The first part contains a description of national liability standards for maritime transport in the French, English, US-American and West German legislation. This is followed up by a detailed review of the existing international agreements. The book is rounded off by a critical evaluation of the presently held discussion and suggested solutions on the problems of liability in the maritime transport of dangerous goods other than mineral oil. The author takes a close look at the 'Entwurf eines Internationalen Uebereinkommens ueber die Haftung und den Schadenersatz bei der Befoerderung schaedlicher und gefaehrlicher Stoffe auf See' ('draft of an international agreement on liability and compensation for damage in maritime transport of noxious and dangerous goods') in the version of May 23, 1983, which was discussed on an international diplomat's conference in London without however, yielding any concrete results. (orig./HP) [de

Nuclear liability insurance: a resume of recent years

International Nuclear Information System (INIS)

Marrone, J.

1975-01-01

The nuclear liability-insurance pools have steadily increased nuclear liability insurance available to the nuclear industry to its present $125 million, which is more than double the $60 million first provided in 1957. The insurance pools also provide an additional $175 million of all-risk property insurance to protect against loss of property at a nuclear facility, for a total of $300 million. This amount of liability and property insurance available for nuclear risks exceeds the coverage the insurance industry has at risk anywhere on a single unit of risk, thus attesting to the confidence in nuclear safety. The extraordinary safety achieved and recorded by the loss experience of the nuclear pools is described. The insurance pools have proposed a change in the Price--Anderson Act which would provide substantial additional sums of nuclear liability insurance to protect the public and which is likely to be the subject of examination by Congress during 1975. The proposal, if implemented, will gradually increase the protection afforded to the public and virtually eliminate the role of government indemnity. (auth)

Liability concerns and shared use of school recreational facilities in underserved communities.

Science.gov (United States)

Spengler, John O; Connaughton, Daniel P; Maddock, Jason E

2011-10-01

In underserved communities, schools can provide the physical structure and facilities for informal and formal recreation as well as after-school, weekend, and summer programming. The importance of community access to schools is acknowledged by authoritative groups; however, fear of liability is believed to be a key barrier to community access. The purpose of this study was to investigate perceptions of liability risk and associated issues among school administrators in underserved communities. A national survey of school administrators in underserved communities (n=360, response rate of 21%) was conducted in 2009 and analyzed in 2010. Liability perceptions in the context of community access were assessed through descriptive statistics. The majority of respondents (82.2%) indicated concern for liability should someone be injured on school property after hours while participating in a recreational activity. Among those that did not allow community access, 91% were somewhat to very concerned about liability and 86% believed that stronger legislation was needed to better protect schools from liability for after-hours recreational use. Among those who claimed familiarity with a state law that offered them limited liability protection, nearly three fourths were nevertheless concerned about liability. Liability concerns are prevalent among this group of school administrators, particularly if they had been involved in prior litigation, and even if they indicated they were aware of laws that provide liability protection where use occurs after hours. Reducing these concerns will be important if schools are to become locations for recreational programs that promote physical activity outside of regular school hours. Copyright © 2011 American Journal of Preventive Medicine. Published by Elsevier Inc. All rights reserved.

Managing liabilities which arise out of radioactive waste

International Nuclear Information System (INIS)

Hall, R.M. Jr.

1986-01-01

The Atomic Energy Act has established a comprehensive regulatory program which governs the management of most radioactive wastes. There are substantial civil and criminal penalties for violations. In addition, environmental statutes such as the Resource Conservation and Recovery Act and the Superfund law impose liabilities on managers of ''non-nuclear'' hazardous wastes. The availability of common law remedies by private parties subjects companies and their officers and employees, and in some cases the government, to liability for personal injuries or property damage. An environmental manager at any facility where radioactive materials are being handled must be aware of these potential liabilities and should engage in a regular program of environmental auditing to ensure compliance

Report on state liability for radioactive materials transportation incidents: A survey of laws

International Nuclear Information System (INIS)

1989-10-01

The purpose of this report is to provide a synopsis of the liability laws of the Southern States Energy Board's (SSEB's) 16 member states. It begins by briefly reviewing potential sources of liability, immunity from liability, waiver of immunity, and statutes of limitation, followed by liability laws of member states. The report was prepared by reviewing legal literature pertaining to governmental liability, with particular emphasis on nuclear waste transportation, including law review articles, legal treatises, technical reports, state statutes and regulations

New Trends in European Nuclear Liability Law

International Nuclear Information System (INIS)

Getz, H.; Steinkemper, M.H.

1981-10-01

This paper analyses recent developments in nuclear liability legislation in Europe. The first part deals with the planned revision of the Paris Convention and the Brussels Supplementary Convention; the second part focuses on the reforms envisaged in the field in Switzerland and in the Federal Republic of Germany, in particular concerning unlimited liability. Finally, the author concludes that national reform plans and work at international level are not opposed, but supplementary activities. (NEA) [fr

International conventions on civil liability for nuclear damage. Revised 1976 ed.

International Nuclear Information System (INIS)

1976-01-01

This revised edition contains the texts of the following multilateral conventions and instruments concerning civil liability for nuclear damage: The Vienna Convention of 21 May 1963 on Civil Liability for Nuclear Damage; The Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy (incorporating the provisions of the Additional Protocol of 28 January 1964); The Brussels Convention of 31 January 1963; Supplementary to the Paris Convention of 29 July 1960 (and incorporating the provisions of the Additional Protocol signed in Paris on 28 January 1964); and the Brussels Convention of 25 May 1962 on the Liability of Operators of Nuclear Ships. Final Act and Resolutions of the International Conference on Civil Liability for Nuclear Damage, held in Vienna from 29 April to 19 May 1963; Final Act of the International Legal Conference on Maritime Carriage of Nuclear Substances, held in Brussels from 29 November to 2 December 1971; and Convention Relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material, adopted at Brussels on 17 December 1971

Mediation in Medical Malpractice - Realities and Prospects

Directory of Open Access Journals (Sweden)

Alexandru Boroi

2015-05-01

Full Text Available Medical professional liability is the result of specific breaches of the medical profession, which are contained in Law 95/2006 on health reform. Beyond the motivation of blaming medical personnel activity, there are many other aspects that may give rise to controversy in terms of medical ethics, from the informed consent of the patient and to the need for reaching criminal responsibility and compensation in cases of medical malpractice.

42 CFR 455.202 - Limitation on contractor liability.

Science.gov (United States)

2010-10-01

... 42 Public Health 4 2010-10-01 2010-10-01 false Limitation on contractor liability. 455.202 Section... § 455.202 Limitation on contractor liability. (a) A program contractor, a person, or an entity employed... contractor will not be held to have violated any criminal law and will not be held liable in any civil action...

Management of UKAEA graphite liabilities

International Nuclear Information System (INIS)

Wise, M.

2001-01-01

The UK Atomic Energy Authority (UKAEA) is responsible for managing its liabilities for redundant research reactors and other active facilities concerned with the development of the UK nuclear technology programme since 1947. These liabilities include irradiated graphite from a variety of different sources including low irradiation temperature reactor graphite (the Windscale Piles 1 and 2, British Energy Pile O and Graphite Low Energy Experimental Pile at Harwell and the Material Testing Reactors at Harwell and Dounreay), advanced gas-cooled reactor graphite (from the Windscale Advanced Gas-cooled Reactor) and graphite from fast reactor systems (neutron shield graphite from the Dounreay Prototype Fast Reactor and Dounreay Fast Reactor). The decommissioning and dismantling of these facilities will give rise to over 6,000 tonnes of graphite requiring disposal. The first graphite will be retrieved from the dismantling of Windscale Pile 1 and the Windscale Advanced Gas-cooled Reactor during the next five years. UKAEA has undertaken extensive studies to consider the best practicable options for disposing of these graphite liabilities in a manner that is safe whilst minimising the associated costs and technical risks. These options include (but are not limited to), disposal as Low Level Waste, incineration, or encapsulation and disposal as Intermediate Level Waste. There are a number of technical issues associated with each of these proposed disposal options; these include Wigner energy, radionuclide inventory determination, encapsulation of graphite dust, galvanic coupling interactions enhancing the corrosion of mild steel and public acceptability. UKAEA is currently developing packaging concepts and designing packaging plants for processing these graphite wastes in consultation with other holders of graphite wastes throughout Europe. 'Letters of Comfort' have been sought from both the Low Level Waste and the Intermediate Level Waste disposal organisations to support the

Liability for Unknown Risks: A Law and Economics Perspective

NARCIS (Netherlands)

M.G. Faure (Michael); L.T. Visscher (Louis); F. Weber (Franziska)

2017-01-01

textabstractIn the law and economics literature liability is generally regarded as an instrument which provides potential tortfeasors with incentives for optimal care taking. The question, however, arises whether liability can still provide those incentives when risks are unknown. That is the

17 CFR 256.242 - Miscellaneous current and accrued liabilities.

Science.gov (United States)

2010-04-01

... COMMISSION (CONTINUED) UNIFORM SYSTEM OF ACCOUNTS FOR MUTUAL SERVICE COMPANIES AND SUBSIDIARY SERVICE COMPANIES, PUBLIC UTILITY HOLDING COMPANY ACT OF 1935 7. Current and Accrued Liabilities § 256.242... as to show the nature of each liability included herein. 8. deferred credits ...

Optimal Joint Liability Lending and with Costly Peer Monitoring

NARCIS (Netherlands)

Carli, Francesco; Uras, R.B.

2014-01-01

This paper characterizes an optimal group loan contract with costly peer monitoring. Using a fairly standard moral hazard framework, we show that the optimal group lending contract could exhibit a joint-liability scheme. However, optimality of joint-liability requires the involvement of a group

75 FR 1735 - Section 3504 Agent Employment Tax Liability

Science.gov (United States)

2010-01-13

... Section 3504 Agent Employment Tax Liability AGENCY: Internal Revenue Service (IRS), Treasury. ACTION... employment tax liability of agents authorized by the Secretary under section 3504 of the Internal Revenue Code (Code) to perform acts required of employers with respect to taxes under the Federal Unemployment...

The Indian civil liability for nuclear damage act, 2010. Legislation with flaws?

International Nuclear Information System (INIS)

Pelzer, Norbert

2011-01-01

1. India has had no special legislation so far about liability under civil law for nuclear damage. Instead, the general law about damages outside of contractual provisions applied. 2. The ambitious Indian civil nuclear program requires intensified international cooperation. The potential partners in that cooperation demand that liability regulations be adopted on the basis of the principles of the international nuclear liability conventions so as to grant legal assurance to their export industries. 3. In May 2010, draft liability legislation was introduced into the Indian parliament. Final deliberations were held on August 30, 2010. On September 21, 2010, the President confirmed the draft legislation, thereby making it law. The draft legislation had been a matter of dispute in India from the outset. 4. The law applies to nuclear facilities owned or controlled by the Indian central government. Only the government or government institutions or state-owned companies can be owners of a nuclear facility. The owner is liable without fault having to be proven. The details of liability follow the provisions of the liability conventions. 5. The law provides for legal channelling of liability to the owner of a nuclear facility. 6. Regular courts of law have no competence to rule about claims for damages under the law. Instead, a 'Claims Commissioner' appointed ad hoc by the government, or a 'Nuclear Claims Commission,' are competent. 7. The 2010 Indian nuclear liability law is a piece of legislation with deficiencies. Key elements are incompatible with the principles of international nuclear liability regimes. (orig.)

Plight of China nuclear liability law and solutions of nuclear operating companies

International Nuclear Information System (INIS)

Su Guangchao; Wang Yonggang; Tang Yangyang

2010-01-01

With the development of nuclear use for peaceful purposes and the intensification of international cooperation in the field of nuclear energy, many countries attach more and more importance to legal risks of nuclear liability, and the companies in nuclear industry also enhance research on restrictive articles of nuclear liability in their international businesses. However, because China has neither signed any international convention on civil liability for nuclear damage nor adopted any law on atomic energy and on compensation for nuclear damage, many impediments often occur in international cooperation and trade. This essay is trying to outline the status and structure of international nuclear liability, analyze nuclear liabilities in international procurement for nuclear operating companies and respective solutions. (authors)

Optimizing the Banking Activity Using Assets & Liabilities Management

Directory of Open Access Journals (Sweden)

Vasile Dedu

2008-10-01

Full Text Available In the actual study, starting from the international experience, we revealed the role that should be taken by the Assets and Liabilities Committee (ALCO within the Romanian commercial banks. ALCO became one of the tools used by the executive management of the banks to take decisions regarding the future policy of assets and liabilities management, relying on the synthetic information prepared by well trained technicians but without voting right (usually middle management staff. We consider that the implementation of an assets and liabilities management strategy cannot be done without an appropriate corporate governance structure, even though the bank is having highly specialized staff. Models of some western banking institutions may be considered as benchmarks by the Romanian banks.

Aspects concerning the lengths of the excluded shareholder’s liability towards third parties in the case of limited liability companies in Romania

Directory of Open Access Journals (Sweden)

Andreea Stoican

2016-06-01

Full Text Available In the current context of reinventing the trading company law, at the end of a lengthy and extremely difficult economic crisis, when every participant in the economic life tried to find their own way to adapt and make their activity survive the new social and commercial realities, not few were the cases when some of the Shareholders were excluded and their liability was drawn onto the legal person itself. Nevertheless, there is a type of legal liability of the former Shareholders, excluded from the Company, that still is quite deficiently regulated and, despite the sound argumentation and comprehensive regulation of Law no. 31/1990, it fails to provide a clear and detailed explanation of the consequences, namely, of the consequences the exclusion of a Shareholder has over the Third Parties of good-faith that the legal person (the Company had or continues to have legal relations with. This paper thus aims at analysing one of the main effects of excluding Shareholders from the company, namely the extent of their liability towards the Third Parties, and it is structured in five parts, as follows: 1 Introduction, 2 About the Shareholders’ exclusion, 3 The effects of excluding a Shareholder from the Limited Liability Company, 4 The excluded Shareholder’s liability towards the Third Parties and 5 Conclusions.

Trends in nuclear third party liability law

International Nuclear Information System (INIS)

Avossa, G.

1992-01-01

For some ten years now, nuclear third-party liability has been changing at an ever-faster pace, further accelerated by the Chernobyl catastrophe. Some of these changes are discussed in this article. A joint protocol drawn up by the International Atomic Energy Agency (IAEA) and the Nuclear Energy Agency (NEA) mutually extends the benefit of the special third-party liability system regarding nuclear damage instituted by virtue of previous Conventions and settles the conflicts of law likely to result from the simultaneous application of the two international instruments. Within the framework of the IAEA, a review procedure of the Convention of Vienna has been underway since 1989, in which the NEA has taken an integral part. At the outcome of the process underway, not only will the Convention of Vienna be revised, but so, indirectly but very rapidly, will the Conventions of Paris and Brussels. Ultimately, the entire field of nuclear third-party liability will be recast for decades to come. The texts under discussion are as yet nowhere near their final stage but two areas of consideration have already emerged, which will be discussed. Substantial modifications are made in nuclear third-party liability law. Secondly, the indemnification process for nuclear damage will be vastly modified, due to the subsidiary nature of government intervention and new obligations on operators to become members of a Nuclear Operator Pool. (author)

Practical Liability Issues of Information Technology Education: Internship and Consulting Engagements

Directory of Open Access Journals (Sweden)

Daniel A. Peak

1998-01-01

Full Text Available This article examines university liability created by internship and consulting relationships. Business clients participating in outreach relationships formulate performance expectations based on perceptions of experience and / or qualifications. Clients assign tasks accordingly, and the university incurs liability that is conditioned by business clients’ expectations. Substantial liability is related to unusually large and rare unfavorable outcomes in the outreach engagement, known as tail events. Tail events can significantly and negatively impact the client. Both the liability for and the probability of tail events increase as universities continue to expand business outreach activities. As internship and consulting engagements increase, the probability of a tail event also increases. The responsibilities of IT intern engagements and potential liability of the sponsoring university are analyzed. The university is the primary insurer for the client and indemnifies its representatives. All internship engagements should be formalized by written contract. An example contract is attached.

Act of 18 March 1983 on Nuclear Third Party Liability (LRCN)

International Nuclear Information System (INIS)

1983-01-01

This new Act on nuclear third party liability maintains the two essential principles established by the law in force, namely those of causation and the channelling of liability on to the operator of a nuclear installation. On the other hand, the Act waives the principle of third party liability limited in amount and provides that the person liable must commit himself for an unlimited amount. Such liability is covered as follows: by private insurance up to 300 million francs; by the Confederation up to one thousand million francs over and above the amount covered by private insurance; by all the assets of the person liable. (NEA) [fr

Negligence: What Principals Need to Know about Avoiding Liability

Science.gov (United States)

DeMitchell, Todd A.

2006-01-01

A science teacher forgets to remind her students to wear their safety goggles during a chemistry experiment and one student is injured when the caustic chemicals he is working with splash into his eyes. A teacher is late for recess duty and a student falls from the swings and is injured. A principal sends one teacher and one student teacher on a…

Nuclear Energy and Liability in Law. Records of the meeting

International Nuclear Information System (INIS)

1977-01-01

The question of nuclear energy and liability in law was discussed at a one-day meeting organised jointly by the Societe francaise de radioprotection and the Societe francaise d'energie nucleaire. This report contains three of the papers presented. The first paper describes the different types of liability: civil, penal, administrative, international and explains the reasons which have led the legislator to introduce special liability rules to meet the problems raised by nuclear energy. The second paper deals with radiation protection and the different types of liability in law which may result from activities involving radiation protection. Finally, the third paper discusses nuclear risk insurance from the viewpoint of atomic insurance pools and specifies that insurers are concerned with improving accident prevention measures, in close collaboration with nuclear operators and the public authorities. (NEA) [fr

Financial Management: DoD Process for Reporting Contingent Legal Liabilities

National Research Council Canada - National Science Library

Granetto, Paul J; Marsh, Patricia A; Peek, Marvin L; Brittingham, Scott S; Baidridge, Denise E; Egu, Charles O; Schenck, Kristy M; Adams, Carl L; Reiser, Cheri L

2006-01-01

... contingent liabilities should read this report. It identifies areas where DoD and its Components have not fully complied with Federal financial accounting standards and are not consistent in computing and disclosing contingent legal liabilities...

Standards and producers' liability

International Nuclear Information System (INIS)

Kretschmer, F.

1979-01-01

The author discusses the liability of producers and the diligence required, which has to come up to technical standards and the latest state of technology. The consequences of this requirement with regard to claims for damages are outlined and proposals for reforms are pointed out. (HSCH) [de

Catastrophic events leading to de facto limits on liability

International Nuclear Information System (INIS)

Solomon, K.A.; Okrent, D.

1977-05-01

This study conducts an overview of large technological systems in society to ascertain prevalence, if any, of situations that can lead to catastrophic effects where the resultant liabilities far exceed the insurances or assets subject to suit in court, thereby imposing de facto limits on liability. Several potential situations are examined: dam rupture, aircraft crash into a sports stadium, chemical plant accident, shipping disaster, and a toxic drug disaster. All of these events are estimated to have probabilities per year similar to or larger than a major nuclear accident and they are found to involve potential liability far exceeding the available resources, such as insurance, corporation assets, or government revenues

Enhancing of Carriers’ Liabilities in the Rotterdam Rules – Too Expensive Costs for Navigational Safety?

Directory of Open Access Journals (Sweden)

P. Sooksripaisarnkit

2014-06-01

Full Text Available The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (the ‘Rotterdam Rules’ was adopted by the General Assembly of the United Nations on 11 December 2008. The Rotterdam Rules contain two oft-criticised changes from the existing regime governing international carriage of goods widely adopted among maritime nations, namely the International Convention for the Unification of Certain Rules Relating to Bills of Lading, Brussels, 25 August 1924 (the ‘Hague Rules’ and its subsequent Protocol in 1968 (the ‘Visby Protocol’ or the ‘Hague-Visby Rules’. These changes are, namely, an extension of the carrier’s obligations to maintain seaworthy vessel throughout the voyage (Article 14 and a deletion of an exclusion of carrier’s liabilities due to negligent navigation (Article 17. This paper addresses implications of these changes and assess whether ship-owners and ship-operators can comply with these without having to incur excessive additional expenses.

33 CFR 153.405 - Liability to the pollution fund.

Science.gov (United States)

2010-07-01

... 33 Navigation and Navigable Waters 2 2010-07-01 2010-07-01 false Liability to the pollution fund... (CONTINUED) POLLUTION CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, DISCHARGE REMOVAL Administration of the Pollution Fund § 153.405 Liability to the pollution fund. The owner or operator of the vessel...

Search Engine Liability for Copyright Infringement

Science.gov (United States)

Fitzgerald, B.; O'Brien, D.; Fitzgerald, A.

The chapter provides a broad overview to the topic of search engine liability for copyright infringement. In doing so, the chapter examines some of the key copyright law principles and their application to search engines. The chapter also provides a discussion of some of the most important cases to be decided within the courts of the United States, Australia, China and Europe regarding the liability of search engines for copyright infringement. Finally, the chapter will conclude with some thoughts for reform, including how copyright law can be amended in order to accommodate and realise the great informative power which search engines have to offer society.

Global Cities and Liability of Foreignness

DEFF Research Database (Denmark)

Wernicke, Georg; Mehlsen, Kristian

2016-01-01

In this paper, we combine the concepts of location, liability of foreignness (LoF), and their relation to factors that drive multinational enterprises (MNEs) towards, or away from, global cities. We argue that three interrelated characteristics of global cities - cosmopolitanism, availability...... indicate that MNEs have a stronger propensity to locate in global cities than in metropolitan or peripheral areas, and that these locational choices are affected by institutional distance and industrial characteristics. The results provide empirical support for our argument that locating in a global city...... can reduce the liability of foreignness suffered by MNEs, and that global cities play a central role in the process of globalisation....

Limited and unlimited liability in the German Atomic Energy Law

International Nuclear Information System (INIS)

Pelzer, N.

1982-01-01

The liability of operators of nuclear installations in the FRG is limited under current law to the sum of one thousand million DM (section 31 of the Atomic Energy law). Since about the autumn of 1979, the Federal Ministry of the Interior is making inquiries into the necessity and appropriateness of abandoning the provision on liability limitations, in order to improve the victims compensation. The legal problems involved in this decision are presented by the author, trying to answer the question of whether the current system of liability limitations should be maintained or abandoned by discussing this issue from the point of view of the legal functions ''justice'' and ''expedience'' of this provision. The manifold international interlacement of the atomic energy law does not allow this study to be restricted to the law of the FRG. A brief review of the development and current state of the international nuclear liability law is the basis of this study into the problems of a possible modification of the German nuclear liability provisions. The study is carried out with the purpose of elaborating model solutions. (orig./HP) [de

Limitation of third party nuclear liability. Causes, implications and future possibilities

International Nuclear Information System (INIS)

Radetzki, M.

1999-01-01

Third party liability of the nuclear power generation industry is discussed. It has several purposes. One is to clarify the distinctive features of nuclear liability as compared with traditional liability in tort. Particular interest is devoted to one such feature, namely the express liability limitation from which the nuclear power generation industry benefits. The causes and implications of this feature are discussed. One important implication of the current order is that the top risk of the nuclear power generation industry is explicitly or implicitly transferred to governments. This risk transfer can be regarded as a subsidy to the nuclear power generation industry. Subsidizations counteract efficiency. Therefore, the possibilities of neutralizing or abolishing the subsidy are explored. (author)

7 CFR 760.113 - Refunds; joint and several liability.

Science.gov (United States)

2010-01-01

... 7 Agriculture 7 2010-01-01 2010-01-01 false Refunds; joint and several liability. 760.113 Section... Agricultural Disaster Assistance Programs § 760.113 Refunds; joint and several liability. (a) In the event that... provided that interest will in all cases run from the date of the original disbursement. (b) All persons...

"Contributory intent" as a defence limiting delictual liability | Ahmed ...

African Journals Online (AJOL)

In terms of delictual liability, the term "fault" generally refers to the defendant's conduct, whereas "contributory fault" refers to the plaintiff's conduct. "Contributory intent" is a form of "contributory fault" and may apply as a defence limiting delictual liability within the ambit of the Apportionment of Damages Act 34 of 1956 ...

Understanding the legal duty of care in the course of negligence.

Science.gov (United States)

Tingle, John

The first article in this series gave an introduction to clinical negligence (Vol 11(15): 1033-1035). This article begins with a discussion of the law of negligence within the context of the law generally. What must be established in order to bring a legal claim for compensation in negligence is also discussed along with the important concept of owing a legal duty of care. The duty of care concept is illustrated through two cases.

Perspectives on medical malpractice self-insurance financial reporting.

Science.gov (United States)

Frese, Richard C; Kitchen, Patrick J

2012-11-01

Financial reporting of medical malpractice self-insurance is evolving. The Financial Accounting Standards Board Accounting Standards Codification Section 954-450-25 provides guidance for accounting and financial reporting for medical malpractice. Discounting of medical malpractice liabilities has been reassessed in recent years. Malpractice litigation reform efforts continue in several states. Accountable care organizations could increase the frequency of medical malpractice claims because of patients' heightened expectations regarding quality of care.

Third party liability cover for nuclear damage and related problems

International Nuclear Information System (INIS)

Carbone, Ferdinando; Gambardella, Elio.

1974-06-01

This paper analyses the financial security and cover for third party liability for nuclear damage as provided for by Act No. 1860 of 31 December 1962 on the peaceful uses of nuclear energy. The relevant Sections of the Act are quoted and explained, as are the nuclear operator's obligation to furnish financial security for his liability. Different possible types of security and cover are described, also with reference to other national legislation. Finally, the author mentions the Paris Convention which provides the basis for Italian nuclear third party liability legislation. (NEA) [fr

motor vehicle lessors' liability for damages to third parties: acomment

African Journals Online (AJOL)

eliasn

of defining the scope of application of the Ethiopian law on liability for damages ... Federal Supreme Court in a recent case has rendered a decision that allows. ♧ .... 3.1 Whether Third Party Practice Exonerates Joint and Several. Liability.

Managing nuclear liabilities: 'hospital pass' or major opportunity?

International Nuclear Information System (INIS)

May, D.

1995-01-01

This paper sets out to start changing the perception that liabilities management is an unattractive part of the UK Nuclear Industry. The paper describes BNFL's successes and long term challenges in this area and concludes that liabilities management presents a major opportunity to:-Remove an Achilles heel of the industry; Create value for the companies concerned by successfully driving down costs; Sustain and exploit internationally a major UK competitive edge. (Author)

Liability and automation : issues and challenges for socio-technical systems

NARCIS (Netherlands)

Contissa, G.; Laukyte, M.; Sartor, G.; Schebesta, H.; Masutti, A.; Lanzi, P.; Marti, P.; Tomasello, P.

2013-01-01

Who is responsible for accidents in highly automated systems? How do we apportion liability among the various participants in complex socio-technical organisations? How can different liability regulations at different levels (supranational, national, local) be harmonized? How do we provide for

Nuclear Liability Act. RS, c.29 (1st supp.), s.1

International Nuclear Information System (INIS)

1985-01-01

The Revised Statutes of Canada 1985 which entered into force on 12 December 1988 revoked the Nuclear Liability Act of 1970, replacing it with a new version. The new Act (Chapter N-28 of the Revised Statutes) updates the previous text and makes some linguistic corrections. The principles of the Act of 1970 remain unchanged, namely absolute liability of the nuclear operator, such liability being limited in amount and in time [fr

Risk management and liability for environmental harm caused by ...

African Journals Online (AJOL)

This calls for the existence of a liability regime that will place some legal responsibility on the party responsible for the harm. This paper assesses the South African regulatory framework of relevance to GMOs, which is composed of a fragmented set of laws that deals with risk assessment, risk management and liability for ...

Torts Liability for Strike Action and Third Party Rights.

Science.gov (United States)

Raday, Frances

1979-01-01

Studies the nature of the torts liability incurred in strikes and the extent of existing immunities bestowed on strikers and their organizers, and explores the principles that should govern liability and immunity. Available from Israel Law Review Association, c/o Faculty of Law, Hebrew University of Jerusalem, Mount Scopus, P.O.B. 24100, Jerusalem…

English law for the surgeon II: clinical negligence.

Science.gov (United States)

Jerjes, Waseem; Mahil, Jaspal; Upile, Tahwinder

2011-12-21

Traditionally, in the United Kingdom and Europe, the surgeon was generally not troubled by litigation from patients presenting as elective as well as emergency cases, but this aspect of custom has changed. Litigation by patients now significantly affects surgical practice and vicarious liability often affects hospitals. We discuss some fundamental legal definitions, a must to know for a surgeon, and highlight some interesting cases.

[Organisational responsibility versus individual responsibility: safety culture? About the relationship between patient safety and medical malpractice law].

Science.gov (United States)

Hart, Dieter

2009-01-01

The contribution is concerned with the correlations between risk information, patient safety, responsibility and liability, in particular in terms of liability law. These correlations have an impact on safety culture in healthcare, which can be evaluated positively if--in addition to good quality of medical care--as many sources of error as possible can be identified, analysed, and minimised or eliminated by corresponding measures (safety or risk management). Liability influences the conduct of individuals and enterprises; safety is (probably) also a function of liability; this should also apply to safety culture. The standard of safety culture does not only depend on individual liability for damages, but first of all on strict enterprise liability (system responsibility) and its preventive effects. Patient safety through quality and risk management is therefore also an organisational programme of considerable relevance in terms of liability law.

Audit of long-term and short-term liabilities

Directory of Open Access Journals (Sweden)

Korinko M.D.

2017-03-01

Full Text Available The article determines the importance of long-term and short-term liabilities for the management of financial and material resources of an enterprise. It reviews the aim, objects and information generators for realization of audit of short-term and long-term obligations. The organizing and methodical providing of audit of long-term and short-term liabilities of an enterprise are generalized. The authors distinguish the stages of realization of audit of long-term and short-term liabilities, the aim of audit on each of the presented stages, and recommend methodical techniques. It is fixed that it is necessary to conduct the estimation of the systems of internal control and record-keeping of an enterprise by implementation of public accountant procedures for determination of volume and maintenance of selection realization. After estimating the indicated systems, a public accountant determines the methodology for realization of public accountant verification of long-term and short-term liabilities. The analytical procedures that public accountants are expedient to use for realization of audit of short-term and long-term obligations are determined. The authors suggest the classification of the educed defects on the results of the conducted public accountant verification of short-term and long-term obligations.

Legal liability for failure to prevent pregnancy (wrongful pregnancy

Directory of Open Access Journals (Sweden)

Lodewicus Charl Coetzee

2017-05-01

Full Text Available Can the conception of a child ever constitute damage recoverable in law? This article considers the liability of healthcare practitioners for failing to prevent a pregnancy. Developments leading to the recognition of wrongful pregnancy as a cause of (legal action in South Africa (SA, are briefly outlined. The salient points of the relevant judgments by SA courts are set out to expose the rationale underlying the judgments and to highlight that recognition of liability for wrongful pregnancy resulted from an application of fair and equitable principles of general application. Conduct that could expose practitioners to liability is identified from reported cases and inferred from general principles laid down in case law.

Standard rules for liability and cover for nuclear installations

International Nuclear Information System (INIS)

Pfaffelhuber, J.K.; Kuckuck, B.

1980-01-01

To afford full protection for possible victims, the authors of this article are in favour of doing away with the limitation of liability of nuclear operators presently provided under the German Atomic Energy Act, the principle of which is based on the Paris Convention and the Brussels Supplementary Convention. In support of this argument reference is made to the recent accident at Three Mile Island, trends in other national legislation towards unlimited liability as well as high safety standards in German nuclear plants. Finally, possible ways of providing unlimited liability are proposed, in particular increased insurance cover and the constitution of an interest-bearing fund in addition to State intervention in case of a major nuclear incident. (NEA) [fr

Unlimited liability will not automatically establish unlimited coverage

International Nuclear Information System (INIS)

Breining, W.

1980-01-01

Comments from the point of view of insurance companies. The plans of the Federal Ministry of the Interior to reform nuclear liability law in the Federal Republic of Germany, especially the intention to abolish the maximum liability limit, were commented upon also from the point of view of the insurance companies at the 6th German Atomic Energy Law Symposium. Reference was made, above all, to the problems which could arise from the fact that insurance companies need broad international backing and, accordingly, harmonization with the liability rules and conditions valid in other countries, in order to cover the high nuclear risks. Another problem to which attention was drawn was the need for evidence in catastrophic cases and the capability to settle cases of damage arising under such conditions. (orig.) 891 HP/orig. 892 MB [de

Liability and automation : issues and challenges for socio-technical systems

NARCIS (Netherlands)

Contissa, Giuseppe; Laukyte, Migle; Sartor, Giovanni; Schebesta, H.; Masutti, Anna; Lanzi, Paola; Marti, Patrizia; Paola, Tomasello

2013-01-01

Who is responsible for accidents in highly automated systems? How do we apportion liability among the various participants in complex socio-technical organisations? How can different liability regulations at different levels (supranational, national, local) be harmonized? How do we provide for

Inventory of nuclear liabilities - The Belgian perspective

International Nuclear Information System (INIS)

Minon, Jean-Paul

2003-01-01

Like all countries that use radioactive materials for producing electricity or for other peaceful purposes, Belgium is faced with an important challenge: the safe management of all these materials, in both the short and long term. Of course there is a price to pay for this management, which in accordance with the ethical principle of inter-generational fairness should be borne mainly by the current generations. However, it is possible that when the moment has come, the financial resources to cover the costs of decommissioning and remediation of these installations, prove to be insufficient or even completely non-existent: this then results in a nuclear liability. This kind of situation can have several causes, such as an underestimation of the actual costs by the operator or the owner of the nuclear installation or by the holder or the owner of the radioactive materials, negligence, transfer of ownership of the nuclear installation or the nuclear site without transfer of the corresponding provisions, a reduction in the operating time, a bankruptcy as well as ignorance. Because it wishes to avoid the occurrence of new nuclear liabilities, the Belgian legislator, by virtue of article 9 of the programme law of 12.12.97, charged ONDRAF/NIRAS, the Belgian Agency for Radioactive Waste and Enriched Fissile Materials, with collecting all the elements that are necessary in order to examine to which degree the decommissioning and remediation costs can be actually covered when the time comes. ONDRAF/NIRAS was specifically charged with ascertaining all facts of a technical and financial nature which should enable the minister responsible for energy to verify whether every operator or owner of a nuclear installation and every holder or owner of radioactive materials have provided in time for the requisite financial resources to cover the future costs of decommissioning and remediation. This evaluation of course also serves to enable the government to take the necessary

26 CFR 1.6662-3 - Negligence or disregard of rules or regulations.

Science.gov (United States)

2010-04-01

... 26 Internal Revenue 13 2010-04-01 2010-04-01 false Negligence or disregard of rules or regulations... Penalties § 1.6662-3 Negligence or disregard of rules or regulations. (a) In general. If any portion of an... Internal Revenue Code that is required to be shown on a return is attributable to negligence or disregard...

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

33 CFR 138.240 - Procedure for calculating limit of liability adjustments for inflation.

Science.gov (United States)

2010-07-01

... of liability adjustments for inflation. 138.240 Section 138.240 Navigation and Navigable Waters COAST... calculating limit of liability adjustments for inflation. (a) Formula for calculating a cumulative percent... later than every three years from the year the limits of liability were last adjusted for inflation, the...

Prescription for fairness: a new approach to tort liability of brand-name and generic drug manufacturers.

Science.gov (United States)

Rostron, Allen

2011-02-01

Over the past two decades, courts have consistently ruled that the manufacturer of a brand-name prescription drug cannot be liable for injuries suffered by those taking generic imitations of its product. This meant that a patient injured by a generic drug could have no remedy at all because in many instances the generic drug manufacturer would escape liability on the ground that it did not produce any information on which the patient's doctor relied. It was a perplexing dilemma. The generic drug manufacturer made the product that the plaintiff received, the brand-name manufacturer produced all of the information the patient's doctor saw, and neither manufacturer could be held liable even if each acted negligently. The California Court of Appeal recently issued a stunning decision in which it concluded that a brand-name drug manufacturer could be liable to a plaintiff who took a generic version of its product. The reaction to the decision has been overwhelmingly negative. Commentators have condemned the decision as one of the worst rulings made by any court in recent years. Judges around the country have dismissed it as a misguided aberration from the otherwise strong judicial consensus on the issue. Although the decision has been the subject of scathing criticism, this Article argues that the California court's ruling actually represents the first time that a court has properly examined this issue. In addition, the Article points out some weaknesses in the California court's reasoning and proposes a novel general framework for analyzing the liability of brand-name and generic drug manufacturers.

An overview of the international regime governing liability for nuclear damage

International Nuclear Information System (INIS)

Sturms, W.; Reye, S.

1995-01-01

Since 1986, the IAEA has been seized with considerations of all aspects of international nuclear liability, with a view to establishing a comprehensive international regime that would obtain widest adherence. The practical work is currently being done in the IAEA Standing Committee on Liability for Nuclear Damage. The efforts, which were first concentrated on the improvement of the existing civil liability regime, resulted in adoption, in 1988, of the Joint Protocol to the Vienna Convention and the Paris Convention, combining them into one expanded regime. At present, the work is focused on the following questions: (a) Revision of the Vienna Convention: In this context, specific draft amendments are considered relating to some key issues where need for improvement has been recognized, such as geographical scope, application to military installations, expansion of the definition of damage to cover environmental damage, preventative measures and consequential losses, increase of liability limits, provision of funds by the Installation State, extension of time limits for submission of claims, restriction of exonerations, etc. (b) International State liability and its relationship with the civil liability regime: Emphasis is placed on proposals for Installation State involvement in the provision of public funds in addition to compensation paid by the operator. (c) Elaboration of a supplementary funding system to cover damage exceeding compensation available under the Vienna and Paris Conventions

International Liability Issues for Software Quality

National Research Council Canada - National Science Library

Mead, Nancy

2003-01-01

This report focuses on international law related to cybercrime, international information security standards, and software liability issues as they relate to information security for critical infrastructure applications...

30 CFR 875.19 - Limited liability.

Science.gov (United States)

2010-07-01

... of gross negligence or intentional misconduct by the State or Indian tribe. For purposes of the preceding sentence, reckless, willful, or wanton misconduct shall constitute gross negligence or intentional...

Jacob Mathew v. State of Punjab, the judgment stipulates the guidelines to be followed before launching a prosecution against a doctor for negligence

Directory of Open Access Journals (Sweden)

Bhattaram Visweswara Subrahmanyam

2013-01-01

Full Text Available In a landmark judgment, the supreme court of India laid down guidelines in cases of alleged negligence against medical practitioners in India. It clearly stated that there is a need for protecting doctors from frivolous or unjust prosecution.

Preparing South Carolina Emergency Departments for Mass Casualties with an Emphasis on the Planning Process

Science.gov (United States)

2013-03-01

needs. Volunteers are provided tort liability coverage through the state health department. However, the state health department is unable to...list of state and federal laws prescribing different liability protections, most of which are immunity from liability for negligence protections

30 CFR 874.15 - Limited liability.

Science.gov (United States)

2010-07-01

... negligence or intentional misconduct by the State or Indian tribe. For purposes of this section, reckless, willful, or wanton misconduct shall constitute gross negligence or intentional misconduct. [59 FR 28172...

Liability of Legal Person in Indonesia: A Statutory and Practical Review

Directory of Open Access Journals (Sweden)

Yetty Komalasari Dewi

2013-01-01

Full Text Available Liability of legal persons for criminal offences has been slowly, but making its way to the legislations of Indonesia. Trends of development indicate that the liability of legal persons for criminal offences has been regulated in few regulations and will be regulated in the bill of Indonesia Penal Code that is now being drafted. Grounds of liability of legal persons indicate that it is a question of a special from of criminal responsibility, adapted to legal persons.

Double liability in a branch banking system: Historical evidence from Canada

OpenAIRE

Grodecka, Anna; Kotidis, Antonis

2016-01-01

We investigate the effects of the abolition of double liability requirement imposed on bank shareholders in Canada on bank risk-taking and lending behavior. Under the double liability rule, the shareholders of a bank were liable up to twice the amount of their subscribed shares in the case of bankruptcy. With the establishment of the Bank of Canada in 1934, the double liability requirement became less stringent and depended on the pace of the redemption of notes in circulation issued by the i...

Nuclear operator. Liability amounts and financial security limits

International Nuclear Information System (INIS)

2015-07-01

This paper gives, for numerous countries involved (or would be involved) in nuclear activities, financial information on the liability amount imposed on the operator, the amounts provided from public funds beyond the Operator's Liability Amount, to be made available by the State in whose territory the nuclear installation of the liable operator is situated, and the public funds contributed jointly by all the States parties to the BSC or CSC according to a pre-determined formula

The liability rules under international GHG emissions trading

International Nuclear Information System (INIS)

Zhong Xiang Zhang

2001-01-01

Article 17 of the Kyoto Protocol authorizes emissions trading, but the rules governing emissions trading have been deferred to subsequent conferences. In designing and implementing an international greenhouse gas (GHG) emissions trading scheme, assigning liability rules has been considered to be one of the most challenging issues. In general, a seller-beware liability works well in a strong enforcement environment. In the Kyoto Protocol, however, it may not always work. By contrast, a buyer-beware liability could be an effective deterrent to non-compliance, but the costs of imposing it are expected to be very high. To strike a middle ground, we suggest a combination of preventive measures with strong but feasible end-of-period punishments to ensure compliance with the Kyoto emissions commitments. Such measures aim to maximize efficiency gains from emissions trading and at the same time, to minimize over-selling risks. (author)

DISCIPLINAIRIE LIABILITIES OF THE EUROPEAN PUBLIC SERVANTS

Directory of Open Access Journals (Sweden)

Mihaela Tofan

2009-09-01

Full Text Available Work discipline is essential for the proper conduct of business within an organization with implications for productivity and efficiency. Disciplinary liability arises as a direct result of breach of service obligations and rules of behaviour. At EU level, disciplinary responsibility of community public servant is governed by the provisions of the Statute of the European Community published in the Official Journal of the European Community no. L 56 March 4, 1968 and amended on numerous occasions. This paper proposes an analysis of concrete conditions which require disciplinary liability of the European public servant, disciplinary sanctions and procedures for implementing them.

26 CFR 1.357-2 - Liabilities in excess of basis.

Science.gov (United States)

2010-04-01

... exchange as to which under section 357(b) (relating to assumption of liabilities for tax-avoidance purposes... 1.357-2 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES Effects on Shareholders and Security Holders § 1.357-2 Liabilities in excess of...

32 CFR 536.123 - Limitation of liability for maritime claims.

Science.gov (United States)

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Limitation of liability for maritime claims. 536... AND ACCOUNTS CLAIMS AGAINST THE UNITED STATES Maritime Claims § 536.123 Limitation of liability for maritime claims. For admiralty claims arising within the United States under the provisions of the...

Federal Act of 29 April 1964 on Liability for Nuclear Damage (Atomic Liability Act)

International Nuclear Information System (INIS)

Under this Act, the operator of a nuclear installation is liable for any nuclear incident occurring in such installation or which is caused by nuclear substances in his charge. If an incident is caused by a radioisotope, the person in possession of the radioisotope at the time of the incident is liable therefore. When an incident occurs during transport of nuclear substances, the carrier is liable in three cases only: when such substances are neither despatched to nor originating from installations on Austrian territory; when they are despatched without the written consent of the Austrian operator who is to receive them; and when they are not destined for a nuclear installation. Other provisions of the Act fix liability ceilings, a basis for apportionment of compensation when several victims are involved and the amount of security for coverage of the operators liability. The Act came into force on 1 September 1964. (NEA) [fr

Legal Liability of Civil Servants of Local Public Authorities in the Republic of Moldova

Directory of Open Access Journals (Sweden)

Natalia Saitarli

2015-08-01

Full Text Available In the working out of legal liability, there are a lot of published articles, collections and monographs nowadays which have got already some productive achievements. However, the notion of liability and its central problems have been controversial subjects for long years that create discussions and cause the necessity to elaborate some methodological questions. The legal liability is being determined as a duty “to be responsible“, “to account“. One of the results in the research is to determine that the legal liability has become the idea of “positive law responsibility“, under which we understand not the liability of the person who has committed an infringement of the law but vice versa a lawful behavior of the person who commits no law infringements. The goal of the given article is to regard the legal liability of civil servants of local public authorities in the Republic of Moldova because an efficient activity of the state (a good state government depends on the determination of concrete forms of the legal liability for the local public authorities.

Courts, Scheduled Damages, and Medical Malpractice Insurance

DEFF Research Database (Denmark)

Bertoli, Paola; Grembi, Veronica

We assess the impact of the introduction of schedules of non-economic damages (i.e. tiered caps systems) on the behavior of insurers operating in the medical liability market for hospitals while controlling the performance of the judicial system, measured as court backlog. Using a difference......-in-differences strategy on Italian data, we find that the introduction of schedules increases the presence of insurers (i.e. medical liability market attractiveness) only in inefficient judicial districts. In the same way, court inefficiency is attractive to insurers for average values of schedules penetration...... of the market, with an increasing positive impact of inefficiency as the territorial coverage of schedules increases. Finally, no significant impact is registered on paid premiums. Our analysis sheds light on a complex set of elements affecting the decisions of insurers in malpractice markets. The analysis...

Insurance and catastrophic events: can we expect de facto limits on liability recoveries

International Nuclear Information System (INIS)

Solomon, K.A.; Whipple, C.; Okrent, D.

1978-01-01

The purpose of this study is to take an overview of large technological systems in society to ascertain the prevalence, if any, of situations that can lead to catastrophic effects where the resultant liabilities far exceed the insurances or assets subject to suit in court, thereby imposing de facto limits on liability recoveries. In part, interest in this topic is spurred by the continuing discussion and controversy over the Price-Anderson Act which requires operators of nuclear plants to waive certain defenses and which limits the combined liability of the operator and the government to an amount less than the maximum potential public cost of a major nuclear reactor accident. A variety of technological events could result in assignable liabilities up to $25 billion, or more, depending on the value of life. These postulated events include: (1) the crash of a large aircraft into a crowded sports facility (an estimated $20.3 billion liability); (2) an explosion and subsequent dispersion of a chemical (such as chlorine or LNG) into a population center from a large manufacturing, storage, or transport facility (estimated $25.5 billion liability); (3) a massive nuclear power plant accident and the subsequent dispersal of large quantities of radioactive material to a large downwind population center ($25 billion liability); (4) the collision of two ships, such as a large LNG tanker and a large passenger liner, resulting in the deaths of all passengers on board ($5.5 billion liability); and (5) collapse of a large building in an earthquake, known by the owners to be seismically deficient and no steps having been taken to warn occupants or to remedy the situation (major deficiencies). All these events are found to involve potential liability far exceeding the available resources, whether they be insurance, corporation assets, or government revenues

12 CFR 303.15 - Certain limited liability companies deemed incorporated under State law.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Certain limited liability companies deemed... liability companies deemed incorporated under State law. (a) For purposes of the definition of “State bank... liability company (LLC) under the law of any State is deemed to be “incorporated” under the law of the State...

Medical tourism: game-changing innovation or passing fad?

Science.gov (United States)

Underwood, Howard R; Makadon, Harvey J

2010-09-01

Outbound medical tourism presents several concerns for U.S. providers: Potential lost revenue could reach almost $600 billion by 2017. Continuity of care can become an issue if complete medical records are not available to the patient's home physician and communications are not maintained between the domestic physician and the physician who rendered medical care abroad. Potential malpractice liability could place the U.S.-based provider at risk.

Price--Anderson Act: an imaginative approach to public liability concerns

International Nuclear Information System (INIS)

Lowenstein, R.

1977-01-01

Opposition to the Price-Anderson Indemnity Law is felt to be motivated by opposition to new nuclear power plant construction rather than against the insurance industry. Those who oppose nuclear power plants view them as an alternative rather than the additional source of energy needed to meet demand. The Act's historical background is reviewed, leading up to the insurance industry's conclusion that lack of actuarial statistics would prevent it from providing adequate insurance for potential liability claims. The 1957 Act was intended to provide public compensation in the event of an accident and to limit the liability of private industry. Several modifications were enacted over the years to close gaps in the original law and extend protection to new developments. Amendments were passed in 1975 that extend coverage to August 1, 1987, allow industry-financed indemnity to be substituted for government indemnity beyond the insurance available, and increase the limit of liability. Critics contend that (1) although the government has yet to pay out any claims, government indemnity amounts to a subsidy; (2) limits on liability are not reasonable if reactors are safe and licensable; and (3) liability coverage is a disincentive for reactor safety measures. These criticisms are not felt to be valid, however, and the amended bill's provisions are listed and found to be adequate

Remediation of old environmental liabilities in the Nuclear Research Institute Rez plc

International Nuclear Information System (INIS)

Svoboda, Karel; Podlaha, Josef

2011-01-01

The Nuclear Research Institute Rez plc (NRI) after 55 years of activities in the nuclear field produced some environmental liabilities that shall be remedied. There are three areas of remediation: (1) decommissioning of old obsolete facilities (e.g. decay tanks, RAW treatment technology, special sewage system), (2) processing of RAW from operation and dismantling of nuclear facilities, and (3) elimination of spent fuel from research nuclear reactors operated by the NRI. The goal is to remedy the environmental liabilities and eliminate the potential negative impact on the environment. Remediation of the environmental liabilities started in 2003 and will be finished in 2014. The character of the environmental liabilities is very specific and requires special remediation procedures. Special technologies are being developed with assistance of external subcontractors. The NRI has gained many experiences in the field of RAW management and decommissioning of nuclear facilities and will use its facilities, experienced staff and all relevant data needed for the successful realization of the remediation. The most significant items of environmental liabilities are described in the paper together with information about the history, the current state, the progress, and the future activities in the field of remediation of environmental liabilities in the NRI. (author)

18 CFR 367.2450 - Account 245, Derivative instrument liabilities-Hedges

Science.gov (United States)

2010-04-01

..., Derivative instrument liabilities—Hedges (a) This account must include the change in the fair value of... service company must record the change in the fair value of a derivative instrument liability related to a... change in the fair value of a derivative instrument liability related to a fair value hedge in this...

Bases for an environmental liability management system: application to a repository for radioactive waste

International Nuclear Information System (INIS)

Tostes, Marcelo Mallat

1999-03-01

This thesis aims the establishment of conceptual bases for the development of Environmental Liability Management System - instruments designed to provide financial and managerial coverage to financial liabilities arising from activities that impact the environment. The document analyses the theories that link the evolution of economic thought and environment, as a means of establish the necessary framework for the development of up-to-date environmental policy instruments. From these concepts and from the analysis of environmental liability system being implemented in several countries, the bases for environmental liability systems development are drawn. Finally, a study is carried out on the application of these bases for the development of an environmental liability management system for a radioactive waste repository. (author)

Saving Life, Limb, and Eyesight: Assessing the Medical Rules of Eligibility During Armed Conflict.

Science.gov (United States)

Gross, Michael L

2017-10-01

Medical rules of eligibility permit severely injured Iraqi and Afghan nationals to receive care in Coalition medical facilities only if bed space is available and their injuries result directly from Coalition fire. The first rule favors Coalition soldiers over host-nation nationals and contradicts the principle of impartial, needs-based medical care. To justify preferential care for compatriots, wartime medicine invokes associative obligations of care that favor friends, family, and comrades-in-arms. Associative obligations have little place in peacetime medical care but significantly affect wartime medicine. The second rule suggests liability for collateral harm that is unsupported by international law and military ethics. Absent liability, there are pragmatic reasons to offer medical care to injured local civilians if it quells resentment and cements support for Coalition forces. In contrast to peacetime medicine, military necessity and associative obligations outweigh distributive principles based on medical need during war.

Minimizing generator liability while disposing hazardous waste

International Nuclear Information System (INIS)

Canter, L.W.; Lahlou, M.; Pendurthi, R.P.

1991-01-01

Potential liabilities associated with hazardous waste disposal are related to waste properties, disposal practices and the potential threat to people and the environment in case of a pollutant release. Based on various regulations, these liabilities are enforceable and longstanding. A methodology which can help hazardous waste generators select a commercial disposal facility with a relatively low risk of potential liability is described in this paper. The methodology has two parts. The first part has 8 categories encompassing 30 factors common to all facilities, and the second part includes one category dealing with 5 factors on specific wastes and treatment/disposal technologies. This two-part evaluation feature enables the user to adapt the methodology to any type of waste disposal. In determining the scores for the factors used in the evaluation. an unranked paired comparison technique with slight modifications was used to weight the relative importance of the individual factors. In the methodology it is possible for the user to redefine the factors and change the scoring system. To make the methodology more efficient, a user-friendly computer program has been developed; the computer program is written so that desired changes in the methodology can be readily implemented

THE UNPREDICTABILITY THEORY AND THE CONTRACTUAL LIABILITY

Directory of Open Access Journals (Sweden)

CRISTINA ZAMSA

2011-04-01

Full Text Available The purpose of the present study is to establish a relationship between the unpredictability theory and the contractual liability, from both theoretical and practical point of view. Usually, the unpredictability is invoked by way of defense by the debtor, refusing to perform the excessively onerous obligation. However the unpredictability theory shall apply also to the hypothesis of a performed obligation, by way of main action, depending on more factors: the nature of the agreement, investigating the attitude of the party affected by the unpredictability. Observing the conditions and the effects of these two ways of invoking the unpredictability will form the objectives of the present study.The debtor of the excessively onerous, in order to avoid the contractual liability, shall nevertheless perform such obligation, by carrying along some additional costs. If subsequently, the creditor shall refuse to revise the agreement and implicitly, to reimburse the exorbitant costs, the debtor will have to raise the unpredictability by way of action, in order to recover the exorbitant costs in performing the obligation. In such case, the unpredictability is accompanied by another legal issue: the contractual liability of the co-contractor of the party affected by unpredictability.

26 CFR 1.456-4 - Cessation of liability or existence.

Science.gov (United States)

2010-04-01

... 26 Internal Revenue 6 2010-04-01 2010-04-01 false Cessation of liability or existence. 1.456-4... of liability or existence. (a) If a taxpayer has elected to apply the provisions of section 456 to a trade or business in connection with which prepaid dues income is received, and if the taxpayer's...

32 CFR 842.51 - Applicable law.

Science.gov (United States)

2010-07-01

... negligence. Absolute liability is never imposed. (2) Claims in foreign countries. (i) In claims arising in a... the legal effect of contributory or comparative negligence by the claimant will be applied in... contributory or comparative negligence does not exist, use traditional rules of contributory negligence...

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.

Liability of German suppliers and service providers for foreign projects

International Nuclear Information System (INIS)

Raetzke, Christian

2017-01-01

Main topic is the question of the extent to which German plant constructors, suppliers, engineering consultants, experts or operators expose themselves to liability for the delivery of their products and services abroad. In principle, in almost all nuclear power countries, liability is channelled to the operator; suppliers and service providers are exempted from liability. However, there are conceivable cases in which this principle does not apply. This can occur, for example, if a major accident is assumed to have an impact on neighbouring countries of the country of destination; here, depending on the applicable law, the German supplier or service provider could be ordered to pay for damages. The risk of liability remaining in this way can be reduced if necessary by means of an exemption clause in the supply contract. The regulation of the operator's recourse to the contractor, insofar as the latter is responsible for the accident, and the - controversial -question of to what extent damage to the plant itself gives rise to claims for damages by the operator against the contractor are also discussed.

A critical review of the Chilean civil nuclear liability regime

International Nuclear Information System (INIS)

Gonzalez Cruz, Francisco Javier; Acevedo Ferrer, Santiago

2013-01-01

This article reviews the Chilean civil nuclear liability regime. The Nuclear Security Act (Law 18.302), enacted in 1984, and the Vienna Convention on Civil Liability for Nuclear Damage, ratified ed by Chile in 1989, are the fundamental laws of the current regime. Although Chile has no nuclear power plants, it is still important to analyze how the Chilean legislation would protect citizens from nuclear damages. This paper does not consider the policy reasons for and against the promotion of atomic energy. Rather, it critically examines the current status of the Chilean nuclear regime. Undoubtedly, if in the future Chile chooses to include nuclear sources in its energy mix, it will not be enough to introduce some isolated legal amendments, but it will be necessary to build a new Chilean Energy Regime which includes nuclear energy. In that scenario, though, it will be useful to know and understand how the current nuclear liability regime works. From this point of view, the reforms this article proposes to the current nuclear liability regime might be helpful to academics and policy makers alike

Liabilities of the competent person for radiation protection

International Nuclear Information System (INIS)

Bizet, A.

2008-01-01

The article R. 4456-1 of the Labour code requires employer to appoint a competent person for radiation protection (C.P.R.). Although the prerogatives of the CPR are exercised under the responsibility of the employer, the traditional rules of questioning the liability apply to the employer as well as to the C.P.R.. For the civil liability, the object of which is to guarantee the compensation of damage by its author, but also for the criminal liability, which aims at punishing an illegal behaviour, the C.P.R. does not escape these traditional rules which, however, apply in a particular way considering the daily missions of the C.P.R.. If the responsibility of the employer is more questioned, notably because of the authority he/she exercises on his/her employee, the C.P.R. must not be considered as irresponsible regarding civil and penal requirements; the C.P.R. may indeed be questioned by an employee victim of damage. The activity of the C.P.R. (and thus the cases allowing the questioning of its liability) rests widely on the means which it has and the context in which it discharges its missions. Moreover the judge does take into account the resources which an agent has to judge his responsibility. Thus, the relations of the C.P.R. with other actors of the radiation protection, internal or external in the establishment, are determining. (author)

Radioactive wastes with negligible heat generation suitable for disposal

International Nuclear Information System (INIS)

Brennecke, P.; Schumacher, J.; Warnecke, E.

1987-01-01

It is planned to dispose of radioactive wastes with negligible heat generation in the Konrad repository. Preliminary waste acceptance requirements are derived taking the results of site-specific safety assessments as a basis. These requirements must be fulfilled by the waste packages on delivery. The waste amounts which are currently stored and those anticipated up to the year 2000 are discussed. The disposability of these waste packages in the Konrad repository was evaluated. This examination reveals that basically almost all radioactive wastes with negligible heat generation can be accepted. (orig.) [de

Market Research of the Russian National and Regional Aspects of Builders Liability Insurance

Directory of Open Access Journals (Sweden)

Aleksander Andreevich Tsyganov

2016-06-01

Full Text Available The article studies the ways and level of the protection of the rights of shared construction participants in Russia, and the utilization of builders liability insurance for the purpose to identify the problem regions and the prospects of the development of mechanisms ensuring the liability of developers. The basis for the article was the study of real estate developers in 15 cities with the population over 1 million people. The article presents the data of the types of fund raising for building housing in the cities with the population over 1 million people, the regional differentiation in this parameter is highlighted. The article has explored the implementation of mechanisms ensuring the liability of developers for transfering premises to the shareholders. The main factors considered in the article are the form of registration of the relationship between a developer and an individual — an investor, as well as the mechanisms ensuring the liability of developers. It is shown that in some regions, the level of protection of the participants of shared construction is low. The mechanisms ensuring the liability of developers including the legal requirements for liability insurance and guarantee of credit institution are systematized. In the article, the key term of the liability insurance of builders for default on obligations or improperly performing the obligations on the delivery of residential properties, and also the condition of the guarantee of credit institution on the delivery of residential properties are considered. The regional features of how people participate in the construction of housing are described in the context of mechanisms ensuring the liability of developers. The use of various ensuring mechanisms, the differences in insurance by the commercial organizations and by joining the mutual society are shown. The results of the study can be used at the correction of the state and regional policy in the field of housing

The Limits of Responsibility: Liability for Damage in the Deep Seabed?

NARCIS (Netherlands)

Plakokefalos, I.

2013-01-01

This contribution seeks to discuss the limits of state responsibility as they are witnessed in the topic of international liability. The first part addresses the intersection between responsibility and liability using as a reference point the work of the International Law Commission. The second part

Alcohol on Campus and Possible Liability.

Science.gov (United States)

Buchanan, E. T.

1983-01-01

Reviews laws and court cases relating to alcohol and possible civil and criminal liability. Suggests a number of risk management principles, including knowledge of the law, policies forbidding hazing, fostering alcohol awareness, and discipline. (JAC)

Partnerships – Limited partnerships and limited liability limited partnerships

OpenAIRE

Henning, Johan J.

2000-01-01

Consideration of the Limited Liability Partnership Act 2000 which introduced a new corporate entity, carrying the designations “partnership” and “limited” which allow members to limit their liability whilst organising themselves internally as a partnership. Article by Professor Johan Henning (Director of the Centre for Corporate Law and Practice, IALS and Dean of the Faculty of Law, University of the Free State, South Africa). Published in Amicus Curiae - Journal of the Institute of Advanced ...

On the Firing Line: Negligence in Physical Education

Science.gov (United States)

Drowatzky, John N.

1977-01-01

Discusses teachers' vulnerability to tort actions for negligence in physical education classes, and suggests guidelines for proper teacher behavior, based on analysis of court cases in various states. (JG)

Through the looking glass: placing India's new civil liability regime for nuclear damage in context

International Nuclear Information System (INIS)

Gruendel, Robert J.; Kini, Els Reynaers

2012-01-01

Until India adopted the Civil Liability for Nuclear Damage Act, 2010 (Liability Act) and the Civil Liability for Nuclear Damage Rules, 2011 (Liability Rules or Rules), no specific legislation was in place to govern nuclear liability or to compensate victims for damages due to a nuclear incident in India. Before delving into a more legal-technical analysis of the Liability Act and Rules (Part B), it is worth first briefly touching upon India's general energy situation, which necessarily influences India's policies, laws and negotiating strategies while also driving the significant business opportunities in the nuclear energy sector (Part A). Taking a look at India's energy sector today also underscores the sheer size of India's plans to build new nuclear power plants, which stands in dramatic contrast to the goals of many other countries. In this article, we will address the relationship of the Liability Act with the Convention on Supplementary Compensation for Nuclear Damage (CSC) (Part C), while also touching upon the current status of an Indian nuclear insurance pool (Part D) and discussing some recent domestic developments, including the filing of public interest litigations and amendments to the Liability Rules (Part E), before presenting some concluding thoughts (Part F)

Asset liability management modeling using multi-stage mixed-integer stochastic programming

NARCIS (Netherlands)

Drijver, S.J.; Klein Haneveld, W.K.; van der Vlerk, Maarten H.

2000-01-01

A pension fund has to match the portfolio of long-term liabilities with the portfolio of assets. Key instruments in strategic Asset Liability Management (ALM) are the adjustments of the contribution rate of the sponsor and the reallocation of the investments in several asset classes at various

Liability and insurance of nuclear accident risk the swiss regulation in perspective

International Nuclear Information System (INIS)

Umbricht, R.; Zweifel, P.

1998-01-01

In this paper we argue that compulsory insurance of nuclear liability should be extended. Most countries have explicit limitations of operators' liability, which also lie at the heart of international conventions. Moreover, there are implicit limitations imposed by operators' inability to pay where unlimited and strict liability applies. These limitations result in static and dynamic inefficiencies because they allow nuclear plant operators to eschew the risk costs of a severe nuclear accident. Extension of compulsory insurance, however, will exacerbate problems of market failure in insurance: National insurance pools have monopolized the business and are expected to exercise market power. Furthermore, their capacity may fall short of required coverage. Bringing in capital market investors can alleviate these problems. Nuclear liability insurance data from Switzerland provides statistical evidence in support of our main points. (authors)

Civil liability for nuclear damage: selected questions connected with the revision of the Vienna Convention

International Nuclear Information System (INIS)

Lopuski, J.

1993-01-01

This paper concentrates on certain issues raised by the revision of the Vienna Convention. After a general theoretical review of the risk of and the responsibility for nuclear activities in the existing international civil liability regime, the author analyzes the concept of liability, its extent - whether nuclear liability can be absolute and refers to the possible exonerations - and the channelling of risk and liability in this field. The potential sources of compensation and funds for the operator's liability are also taken into consideration. The author also proposes several solutions taking into account the similar systems already established by other international conventions in force, mainly in the maritime field. 14 refs

Professional liability. Etiology.

Science.gov (United States)

White, K C

1988-03-01

Once again, I find Mr. Cooper quote-worthy for his statement, "It is incumbent upon the trial bar not to support the status quo merely because it is in our economic interest. Change is in the wind, and our tort system will be blown away on the winds of change for change's sake unless we participate in correcting deficiencies in the tort system and civil jury trial process." I suggest that we cannot ask for change for our own economic interest, nor can we lay blame exclusively to the other etiologic elements. We must improve those elements within our purview. The prayer of serenity may serve us well: God, grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to know the difference. In the game of professional liability litigation as played by the rules extant there are clearly winners and losers. The winners are the legal profession, both plaintiff and defense, and the insurers, who in the face of adversity simply increase premiums or withdraw from the market. The losers are the medical profession, the patients for whom they care and, in the broadest sense, our society as a whole. So as not to close on a note of gloom, one last quote. Lawrence H. Cooke, former Chief Judge of New York State, in remarks to the April 1986 National Symposium on Civil Justice Issues stated, "Our justice systems are beset with very real problems.(ABSTRACT TRUNCATED AT 250 WORDS)

Liability for international nuclear transport: an overview

International Nuclear Information System (INIS)

Brown, O.F.; Horbach, N.

2000-01-01

Many elements can bear on liability for nuclear damage during transport. For example, liability may depend upon a number of facts that may be categorized as follows: shipment, origin or destination of the shipment, deviation from the planed route, temporary storage incidental to carriage; content of shipment, type of nuclear material involved, whether its origin is civilian or defence-related; sites of accident, number and type of territories damaged (i.e. potential conventions involved), applicable territorial limits, exclusive economic zone, high seas, etc.; nature of damages, personal injury, property damage, damage to the means of carriage, indirect damage, preventive measures, environmental cleanup or retrieval at seas, res communis, transboundary damages etc.; victims involved, nationality and domiciles of victims; jurisdiction, flag (for ships) or national registration (for aircraft) of the transporting vessel, courts of one or more states may have (or assert) jurisdiction to hear claims, and may have to determine what law to apply to a particular accident; applicable law, the applicability laws and/or international nuclear liability conventions; the extent to which any applicable convention has been implemented or modified by domestic legislation, conflicts with the 1982 Law of the Sea Convention or other applicable international agreements, and finally, also written agreements between installation operators and carriers can define applicable law as well as responsibilities. Harmonizing nuclear liability protection and applying it to additional international shipments would be facilitated by more countries being in treaty relations with each other as soon as possible. Adherence to an international convention by more countries (including China, Russia, the United States, etc.) would promote the open flow of services and advanced technology, and better facilitate international transport. The conventions protect the public, harmonize legislation in the

The concept of ''pollution damage'' in the maritime conventions governing liability and compensation for oil spills

International Nuclear Information System (INIS)

Jacobsson, M.

2000-01-01

Compensation for pollution damage caused by spills from oil tankers is governed by an international regime elaborated under the auspices of the International Maritime Organization (I.M.O.). The framework for the regime was originally by the 1969 International Convention on Civil Liability for Oil Pollution Damage (1969 Civil liability convention) and the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1971 Fund Convention). This old regime was amended in 1992 by two protocols, and the amended Conventions are known as 1992 Civil Liability Convention and the 1992 Fund Convention. The Civil Liability conventions govern the liability of ship-owners for oil pollution damage. The Conventions lay down the principle of strict liability for ship-owners and create a system of compulsory liability insurance. The ship-owner is normally entitled to limit his liability to an amount which is linked to the tonnage of his ship. The regime of liability and the funds created by the 1971 and 1992 Conventions are analyzed in detail. Are studied as following: the concepts of pollution damage and the safeguard measures or preventive measures, the question of receivability for compensation demands (damage to properties, cleansing operations, costs, economic loss). The question of compensation conditions for the only economic loss and the damage to environment are tackled. This expose is concluded by enlightening the contribution brought by the previously named Conventions to the International law about the civil liability. (N.C.)

Analysis Brazilian preference shares: financial liabilities or equity instruments?

Directory of Open Access Journals (Sweden)

Diana Lucia de Almeida

2016-05-01

Full Text Available The Brazilian preference shares, in general, except when they present specific features, such as mandatory redemption and cumulative dividends, meet the accounting definition of equity instruments. However, the scientific literature believes that those shares that do not have discretion to avoid the delivery of cash must be classified as financial liabilities. In a context in which remain differences of understanding of their proper accounting treatment, the following question arises: preferred shares of Brazilian companies are being recognized in the financial statements in accordance with the theoretical and normative precepts? Thus, the aim of this study is to verify if the preference shares of Brazilian companies have been recognized in the financial statements for according to the scientific literature and accounting standards. Through content analysis, we analyzed the information of 157 companies listed on BM&FBOVESPA. The results show that 155 companies classify its preference shares as equity instruments and two as financial liabilities. These two companies, as well as 149 of those which qualify as equity instruments, are treating them properly in its accounting. The other six companies should present its preference shares as liabilities, given the absence of discretion to avoid cash delivery, feature present in financial liabilities, unlike equity instruments. It is noticed that, unlike what happens, for instance, in the US market, it is not possible to classify all Brazilian preference shares as a financial liability, since, in Brazil , they are used in different legal format of those widely found in that market. Moreover, almost all of the analyzed shares have essential features for classification as equity instruments. Hence, the importance of analysis of the economic essence of each instrument, thus, enabling the appropriate accounting treatment in the financial statements.

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.

Medical error disclosure and patient safety: legal aspects

Directory of Open Access Journals (Sweden)

Olivier Guillod

2013-12-01

Full Text Available Reducing the number of preventable adverse events has become a public health issue. The paper discusses in which ways the law can contribute to that goal, especially by encouraging a culture of safety among healthcare professionals. It assesses the need or the usefulness to pass so-called disclosure laws and apology laws, to adopt mandatory but strictly confidential Critical Incidents Reporting Systems in hospitals, to change the fault-based system of medical liability or to amend the rules on criminal liability. The paper eventually calls for adding the law to the present agenda of patient safety.

The hidden carbon liability of Indonesian palm oil

Energy Technology Data Exchange (ETDEWEB)

NONE

2008-05-15

This report highlights the urgent need for global palm oil consumers and investors to support Unilever's call for an immediate moratorium on deforestation and peatland clearance in Indonesia. This report focuses on Unilever, which shares major institutional investors with other leading corporations including Nestle, Procter and Gamble and Kraft. Not only do these corporations share investors, they also share growing carbon liability within their raw material supply chains through the expansion in the palm oil sector in Indonesia. Unilever has recognised the global problems associated with palm oil expansion and the need for drastic reform to this sector. Unilever has taken a bold move in calling for an immediate moratorium on deforestation and peatland clearance. While Unilever's position is strengthened by its status as the largest palm oil consumer in the world, this report shows how, unless companies like Nestle, Procter and Gamble and Kraft support its call for a halt to deforestation, the palm oil industry will continue to present a massive carbon liability over the coming years. This report uses Unilever's palm oil supply chains as a case study to help quantify the carbon liability and collateral risks associated with the Indonesian palm oil sector. It shows how, by buying palm oil from suppliers who account for more than one-third of Indonesia's palm oil production, Unilever and its competitors are increasing their potential carbon liability and thus leaving investors exposed to potentially significant levels of hidden risk, compromising long-term financial and brand stability.

Petroleum exclusion under CERCLA: A defense to liability

International Nuclear Information System (INIS)

Landreth, L.W.

1991-01-01

When CERCLA was originally passed in 1980, the petroleum industry lobbied successfully to exclude the term open-quotes petroleumclose quotes from the definition of a CERCLA section 101 (14) hazardous substance. Under CERCLA section 101 (33), petroleum is also excluded from the definition of a open-quotes pollutant or contaminant.close quotes Exclusion from the designation as a defined hazardous substance has provided a defense to liability under CERCLA section 107 when the release of petroleum occurs. The scope of the petroleum exclusion under CERCLA has been a critical and recurring issue arising in the context of Superfund response activities. Specifically, oil that is contaminated by hazardous substances during the refining process is considered open-quotes petroleumclose quotes under CERCLA and thus excluded from CERCLA response authority and liability unless specifically listed under RCRA or some other statute. The U.S. EPAs position is that contaminants present in used oil, or any other petroleum substance, do not fall within the petroleum exclusion. open-quotes Contaminants,close quotes as discussed here, are substances not normally found in refined petroleum fractions or present at levels which exceed those normally found in such fractions. If these contaminants are CERCLA hazardous substances, they are subject to CERCLA response authority and liability. This paper discusses the parameters of the CERCLA open-quotes Petroleum Exclusion.close quotes It briefly examines selected state laws, RCRA, the Clean Water Act (CWA) and the Safe Drinking Water Act (SDWA) for treatment of petroleum and petroleum products. And, finally, this paper discusses new legislation regarding oil pollution liability and compensation

The liability of the radiopharmacist and the nuclear physician in the use of radiopharmaceuticals

International Nuclear Information System (INIS)

Coustou, F.

1986-01-01

A brief article examines the traditional aspects of the physician's and pharmacist's liability in general followed by a discussion on the liability of the nuclear physician and the radiopharmacist in the use of radiopharmaceuticals. It is concluded that the liabilities involved in the use of radiopharmaceuticals go well beyond the scope of traditional medicine and pharmacy. (UK)

The Brussels I Regulation and Liability for Nuclear Damage

International Nuclear Information System (INIS)

Handrlica, J.

2010-01-01

Prior to 2004, the map of the European Union seemed to be basically identical to the map of the contracting parties to the Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960 ('the Paris Convention'). The 2004 and 2007 enlargements were mainly composed of the contracting parties to the Vienna Convention on Civil Liability for Nuclear Damage of 1963 ('the Vienna Convention'). In various discussions, the term 'nuclear liability patchwork' is used to describe this existing situation. One of the problems arising from this 'patchwork' is that, while a uniform legal framework was established for matters of jurisdiction and the enforcement of decisions under the authority given to the European Union ('EU') by the Council Regulation on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters ('Brussels Regulation'), this overall framework does not apply to particular matters governed by the special conventions to which member states may be contracting parties, see Article 71 of the Brussels Regulation. This paper aims to outline the 'patchwork' of these rules that are applicable to nuclear third party liability cases in the EU and to point out the main consequences arising from this legal framework difficult to comprehend.5 Its scope, however, is limited to the legal issues arising from a nuclear incident occurring in a nuclear installation situated within the territory of the European Union

Medical liability and patient law in Germany. Main features with particular focus on treatments in the field of interventional radiology; Arzthaftung und Patientenrechtegesetz in Deutschland. Die Grundzuege unter besonderer Beruecksichtigung von Behandlungen auf dem Gebiet der Interventionellen Radiologie

Energy Technology Data Exchange (ETDEWEB)

Sommer, S.A.; Geissler, R. [Kapp and Geissler Lawyers, Stuttgart (Germany); Stampfl, U.; Radeleff, B.A.; Kauczor, H.U.; Sommer, Christof M. [Univ. Hospital Heidelberg (Germany). Clinic for Diagnostic and Interventional Radiology; Wolf, M.B. [German Cancer Research Center (DKFZ), Heidelberg (Germany). Radiology (E010); Richter, G.M. [Klinikum Stuttgart (Germany). Clinic for Diagnostic and Interventional Radiology; Pereira, P.L. [SLK Kliniken, Heilbronn (Germany). Radiology, Minimally-invasive Therapies and Nuclearmedicine

2016-04-15

On February 26th, 2013 the patient law became effective in Germany. Goal of the lawmakers was a most authoritative case law for liability of malpractice and to improve enforcement of the rights of the patients. The following article contains several examples detailing legal situation. By no means should these discourage those persons who treat patients. Rather should they be sensitized to to various aspects of this increasingly important field of law. To identify relevant sources according to judicial standard research was conducted including first- and second selection. Goal was the identification of jurisdiction, literature and other various analyses that all deal with liability of malpractice and patient law within the field of Interventional Radiology - with particular focus on transarterial chemoembolization of the liver and related procedures. In summary, 89 different sources were included and analyzed. The individual who treats a patient is liable for an error in treatment if it causes injury to life, the body or the patient's health. Independent of the error in treatment the individual providing medical care is liable for mistakes made in the context of obtaining informed consent. Prerequisite is the presence of an error made when obtaining informed consent and its causality for the patient's consent for the treatment. Without an effective consent the treatment is considered illegal whether it was free of treatment error or not. The new patient law does not cause material change of the German liability of malpractice law.

The limited liability company in Romania versus the limited liability company in the Republic of Moldova

OpenAIRE

Silvia Cristea; Nicoleta Cristina Ifrim

2013-01-01

The article presents parallel legislation in Romania and Republic of Moldova, in the matter of Limited Liability Company (LLC) Ltd, aiming to extract similarities and differences to draw reliable conclusions regarding the advantages of setting up this type of company in the two countries.

Nuclear liability legislation in the Republic of Croatia

International Nuclear Information System (INIS)

Sladonja, B.

2000-01-01

This paper contains same basic data about the legal norms relating to the third party liability system for nuclear damage that are in force in Croatia. It also describes the provisions of the new Croatian Act on Liability for Nuclear Damage, giving emphasis on those implementing substantial changes compared to the old Act. Finally, it contains some remarks relating to the possible adoption of Vienna Protocol and Convention on Supplementary Compensation of 1997 or Pariz/Brussels conventions as an alternative and at the end about the practice on the insurance of nuclear risks in the last twenty years by the Croatian Pool. (author)

7 CFR 1209.74 - Personal liability.

Science.gov (United States)

2010-01-01

... 7 Agriculture 10 2010-01-01 2010-01-01 false Personal liability. 1209.74 Section 1209.74 Agriculture Regulations of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (MARKETING..., AND CONSUMER INFORMATION ORDER Mushroom Promotion, Research, and Consumer Information Order...

Reciprocity within the framework of nuclear civil liability law

International Nuclear Information System (INIS)

Feldmann, F.J.

1986-01-01

With regard to reciprocity in international and national nuclear liability law, the Federal Republic of Germany attaches great importance to that principle, especially under the following three aspects: 1.) Application of the international conventions in national law, irrespective of their internationally binding nature, 2.) application of the international conventions in relations with non-convention states in cases of damage, 3.) application of supplementary national nuclear liability law in relations with convention as well as non-convention states in cases of damage. (CW) [de

Comprehensive Environmental Response, Compensation and Liability Act

Data.gov (United States)

National Oceanic and Atmospheric Administration, Department of Commerce — This data represents geographic terms used within the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA, commonly known as...

Social host liability for minors and underage drunk-driving accidents.

Science.gov (United States)

Dills, Angela K

2010-03-01

Social host laws for minors aim to reduce teenage alcohol consumption by imposing liability on adults who host parties. Parents cite safety reasons as part of their motivation for hosting parties, preferring their teens and their teens' friends to drink in a supervised and safe locale. Both sides predict an effect of social host liability for minors on alcohol-related traffic accident rates for under-aged drinkers; the effects, however, work in opposite directions. This paper finds that, among 18-20 year olds, social host liability for minors reduced the drunk-driving fatality rate by 9%. I find no effect on sober traffic fatalities. Survey data on drinking and drunk driving suggest the declines resulted mostly from reductions in drunk driving and not reductions in drinking. Copyright 2009 Elsevier B.V. All rights reserved.

Practical problems of third party liability connected with nuclear installations

International Nuclear Information System (INIS)

Lacroix, F.

1975-01-01

A special regime of liability for nuclear damage was established by the Paris Convention, 1960, and the Vienna Convention, 1963. The same basic principles are embodied in both Conventions. Some discrepancies, however, still exist between them despite the adoption of an additional protocol to the Paris Convention in 1964 for harmonization purposes. Practical problems facing insurers and suggestions for suitable solutions are presented. International transport of nuclear material raises, in particular, complex issues. With regard to civil liability arising out of the carriage of nuclear material by sea, a possible conflict between maritime transport conventions and nuclear liability conventions was resolved by the Brussels' Convention, 1971. Wider ratification of the nuclear conventions appears to be the only way for coping with some remaining difficulties, in particular with respect to nuclear material in transit

ILLEGAL ACTS - CONDITION OF LIABILITY FOR DAMAGES CAUSED IN EXERCISING LEGAL LABOR RELATIONS

Directory of Open Access Journals (Sweden)

Ştefania-Alina Dumitrache

2014-11-01

Full Text Available According to article 253 and 254 of Labor Code, both employers and employees are responsible under the rules and principles of contractual liability for damages to the other party of legal labor relationship and we emphasize that this is not purely civil liability, but a variety of it, determined by the specific peculiarities of legal labor relations. Thus, we highlight that labor law provisions which refer to liability for damages complement, unquestionably, with the common law relating to civil liability. The paper analyzes the objective basis of legal accountability, namely the illicit act causing damages committed in fulfilling labor duties or in connection tot hem, therewith the method detailed and comparative documentation of legislation in the field and relevant doctrine.

The limited liability company in Romania versus the limited liability company in the Republic of Moldova

Directory of Open Access Journals (Sweden)

Silvia Lucia CRISTEA

2013-06-01

Full Text Available The article presents parallel legislation in Romania and Republic of Moldova, in the matter of Limited Liability Company (LLC Ltd, aiming to extract similarities and differences to draw reliable conclusions regarding the advantages of setting up this type of company in the two countries.

26 CFR 20.2204-1 - Discharge of executor from personal liability.

Science.gov (United States)

2010-04-01

... 26 Internal Revenue 14 2010-04-01 2010-04-01 false Discharge of executor from personal liability... § 20.2204-1 Discharge of executor from personal liability. (a) General rule. The executor of a decedent... filed, the executor will be notified of the amount of the tax and, upon payment thereof, he will be...

Should nuclear liability limits be removed. No

International Nuclear Information System (INIS)

Pape, E.C.

1985-01-01

The opposing view to the proposition that limits on nuclear liability under the Price-Anderson Act should be removed cites the historical recognition of the need to protect the public as it was defined in 1957. The limit on liability today is $630 million per nuclear incident, with total protection continuing to increase as new plants come on line and additional purchased insurance becomes available. The limit gives the industry an incentive to commit capital and technical resources to develop new technology. Removing the limit would increase costs, but not benefits, for electric consumers, and would require a new way to protect the public other than through purchased insurance or the utility's resources. The industry will support raising the limit, however

Ordinance on nuclear third party liability (ORCN)

International Nuclear Information System (INIS)

1983-12-01

The Ordinance exempts from the application of the 1983 Act on Nuclear Third Party Liability some substances with low radiation effects. It determines the amount of private insurance cover and defines the risks that insurers may exclude from cover. It establishes a special fund for nuclear damage made up of contributions from the nuclear operators. Specifications are given on the amount of the contributions and their conditions, as well as on administration of the fund. The Ordinance repeals the Ordinance of 13 June 1960 on funds for delayed atomic damage, the Order of 19 December 1960 on contributions to the fund for delayed atomic damage and the Ordinance of 30 November 1981 on cover for third party liability resulting from nuclear power plant operation [fr

Negligent Hiring and Retaining of Sexually Abusive Teachers.

Science.gov (United States)

Regotti, Terri L.

1992-01-01

Explores negligent hiring, supervision, and retention of teachers who sexually abuse students. Examines the issue of defamation and suggests school policy that will work toward eradication of sexual abuse of students by teachers. (33 references) (MLF)

Clinical negligence in hospitals in France and England.

Science.gov (United States)

Kelly, Michael J; de Bono Q C, John; Métayer, Patrice

2015-12-01

This article arose from the back-to-back presentations by Michael Kelly and Patrice Métayer to the Anglo-French Medical Society in 2013 on the French and English legal systems handling a case of alleged clinical negligence as it proceeds from complaint to settlement or judgment in the two jurisdictions. Both systems have a hospital-based first stage with various avenues being available for amicable resolution, the French version being more regulated and prescribed than the English one. In both jurisdictions fewer than 5% cases go down the criminal route. Before the court is involved, in England there is an elaborate lawyer-controlled phase involving negotiations between the two sides and their experts which is expensive but often leads to pre-trial settlement for significant sums of money. Medical experts are central to all of this. In England they are largely unregulated and entirely advisory in an open market, in France they are both regulated and supervised by judges, being placed on official lists. These experts take a major inquisitorial role in a Debate between the two sides, combining the functions of Single Joint Expert (SJE), arbiter and mentor. If agreement is not reached, a second Debate before a different Expert is arranged. In both countries fewer than 5% cases reach a court for a hearing before a judge. In England a trial is an elaborate lengthy, expensive adversarial contest where all of the issues are rehearsed in full with factual and expert evidence, whereas in France in a contested case the judge reviews the reports of the two Debates with the lawyers who were involved (and not the experts, factual witnesses or parties). © The Author(s) 2015.

32 CFR 842.111 - Applicable law.

Science.gov (United States)

2010-07-01

..., discovered peril, and comparative and contributory negligence are considered. Absolute liability is never... act or omission occurs governs the effect of the claimant's comparative or contributory negligence... apportioned if local law applies comparative negligence. (3) Proceeds from private insurance policies are not...

On extended liability in a model of adverse selection

OpenAIRE

Dieter Balkenborg

2004-01-01

We consider a model where a judgment-proof firm needs finance to realize a project. This project might cause an environmental hazard with a probability that is the private knowledge of the firm. Thus there is asymmetric information with respect to the environmental riskiness of the project. We consider the implications of a simple joint and strict liability rule on the lender and the firm where, in case of a damage, the lender is responsible for that part of the liability which the judgment-p...

Lessons learnt in establishing a first national inventory of decommissioning liabilities in Belgium

International Nuclear Information System (INIS)

Braeckeveldt, M.

2004-01-01

Like all countries that use nuclear power for producing electricity or have other nuclear activities for peaceful purposes, Belgium is faced with an important challenge: the safe management of all the radioactive materials present in these industries and activities, in both the short and long term. Of course there is a price to pay for this management, which in accordance with the ethical principle of inter-generational fairness should be borne mainly by the generations which benefit from these activities, in other words by current generations. However, it is possible that when the moment has come, the financial resources to cover the costs of decommissioning and remediation of these installations, so that they no longer need to be subject to institutional control, prove to be insufficient or even completely non-existent: this then results in a nuclear liability. This kind of situation can have several causes, such as an underestimation of the actual costs by the operator or the owner of the nuclear installation or by the holder or the owner of the radioactive materials, negligence, transfer of ownership of the nuclear installation or the nuclear site without transfer of the corresponding provisions, a reduction in the operating time, a bankruptcy, as well as ignorance. Because it wishes to avoid the occurrence of new nuclear liabilities, the Belgian legislator, by virtue of article 9 of the programme law of 12 December 1997, charged the 'Nationale instelling voor radioactief afval and verrijkte splijtstoffen' (ONDRAF/NIRAS) [Belgian Agency for Radioactive Waste and Enriched Fissile Materials] with collecting all the elements that are necessary in order to examine to which degree the decommissioning and remediation costs can be actually covered when the time comes. After five years collaboration between ONDRAF/NIRAS and the operators of nuclear installations and holders of radioactive substances, the government today has at its disposal a first general overview

48 CFR 852.228-71 - Indemnification and insurance.

Science.gov (United States)

2010-10-01

... negligence or alleged negligence of the Government, its officers, agents, servants, and employees, shall not... liability coverage will conform to applicable State law requirements for the service contemplated, whereas...

Concepts of nuclear liability revisited: a post-Chernobyl assessment of the Paris and the Vienna Conventions

International Nuclear Information System (INIS)

Pelzer, Norbert

1988-01-01

The accident at Chernobyl caused evident damage to third parties. Nuclear third party liability law was applicable. It is thus timely to reassess the concept of the international civil nuclear liability regulations, with special reference to the accident and the proceedings which resulted from it. The first section deals with the basis of liability - the origin and development of the Paris and Vienna Conventions, various aspects of liability and international implementation of the Convention. The second part considers the limitations on the liability and the third part looks at recent developments and future prospects which include the draft of a joint protocol. (U.K.)

Genetic Variation in Schizophrenia Liability is Shared With Intellectual Ability and Brain Structure.

Science.gov (United States)

Bohlken, Marc M; Brouwer, Rachel M; Mandl, René C W; Kahn, René S; Hulshoff Pol, Hilleke E

2016-09-01

Alterations in intellectual ability and brain structure are important genetic markers for schizophrenia liability. How variations in these phenotypes interact with variance in schizophrenia liability due to genetic or environmental factors is an area of active investigation. Studying these genetic markers using a multivariate twin modeling approach can provide novel leads for (genetic) pathways of schizophrenia development. In a sample of 70 twins discordant for schizophrenia and 130 healthy control twins, structural equation modeling was applied to quantify unique contributions of genetic and environmental factors on human brain structure (cortical thickness, cortical surface and global white matter fractional anisotropy [FA]), intellectual ability and schizophrenia liability. In total, up to 28.1% of the genetic variance (22.8% of total variance) in schizophrenia liability was shared with intelligence quotient (IQ), global-FA, cortical thickness, and cortical surface. The strongest contributor was IQ, sharing on average 16.4% of the genetic variance in schizophrenia liability, followed by cortical thickness (6.3%), global-FA (4.7%) and cortical surface (0.5%). Furthermore, we found that up to 57.4% of the variation due to environmental factors (4.6% of total variance) in schizophrenia was shared with IQ (34.2%) and cortical surface (13.4%). Intellectual ability, FA and cortical thickness show significant and independent shared genetic variance with schizophrenia liability. This suggests that measuring brain-imaging phenotypes helps explain genetic variance in schizophrenia liability that is not captured by variation in IQ. © The Author 2016. Published by Oxford University Press on behalf of the Maryland Psychiatric Research Center. All rights reserved. For permissions, please email: journals.permissions@oup.com.

[Medical fault or professional negligence? Case studies in two recovery nutrition centers in Niger].

Science.gov (United States)

Halidou Doudou, M; Manzo, M L; Guero, D

2014-12-01

In developing countries such as Niger, the risk of medical malpractice is ubiquitous in health, jeopardizing patient safety. The aim of this work was to contribute to patients' safety and respect of code of ethics and conduct in the exercise of the medical profession. The reported cases involved two children under 5 years who were admitted to nutrition rehabilitation centers, died as a result of medical malpractice. In Niger, there are no statistics on this phenomenon and a few cases found have always been considered "accident" or "fate." The establishment of an observatory collections of such information should improve their frequency, consequences and propose a prevention plan. Copyright © 2014 Elsevier Masson SAS. All rights reserved.

Third national inventory of nuclear liabilities - main findings, lessons learned

International Nuclear Information System (INIS)

Cantarella, Jacques; Roger, Brigitte

2013-01-01

The safe management of a country's radioactive substances in both the short and the long term implies a cost to its present society and necessitates financial resources to cover these costs. Once they are needed, these financial resources may prove to be insufficient or even completely lacking, leading to a nuclear liability. By virtue of article 9 of the Belgian law of 12 December 1997, the Belgian Government wishes to avoid the occurrence of such nuclear liabilities. This law charges ONDRAF/NIRAS, the Belgian Agency for Radioactive Waste and Enriched Fissile Materials with the mission to draw up a register of the localisation and the state of all nuclear sites and all sites containing radioactive substances, to estimate the costs of their decommissioning and remediation, to evaluate the existence and adequacy of the provisions for financing these future or current operations and to update the resulting inventory of nuclear liabilities on a five-yearly basis. This paper outlines the methodology put in place by ONDRAF/NIRAS to accomplish this assignment and highlights some of the results of this third inventory. It then focuses on the main recommendations ONDRAF/NIRAS made to the Belgian Government on the field of avoiding potential nuclear liabilities. (authors)

An Inconvenient Deliberation. The Precautionary Principle's Contribution to the Uncertainties Surrounding Climate Change Liability

International Nuclear Information System (INIS)

Haritz, M.M.

2011-01-01

There is increasing evidence to suggest that adaptation to the inevitable is as relevant to climate change policymaking as mitigation efforts. Both mitigation and adaptation, as well as the unavoidable damage occurring both now and that is predicted to occur, all involve costs at the expense of diverse climate change victims. The allocation of responsibilities - implicit in terms of the burden-sharing mechanisms that currently exist in public and private governance - demands recourse under liability law, especially as it has become clear that most companies will only start reducing emissions if verifiable costs of the economic consequences of climate change, including the likelihood of liability, outweigh the costs of taking precautionary measures. This vitally important book asks: Can the precautionary principle make uncertainty judiciable in the context of liability for the consequences of climate change, and, if so, to what extent? Drawing on the full range of pertinent existing literature and case law, the author examines the precautionary principle both in terms of its content and application and in the context of liability law. She analyses the indirect means offered by existing legislation being used by environmental groups and affected individuals before the courts to challenge both companies and regulators as responsible agents of climate change damage. In the process of responding to its fundamental question, the analysis explores such further questions as the following: (a) What is the role of the precautionary principle in resolving uncertainty in scientific risk assessment when faced with inconclusive evidence, and how does it affect decision-making, particularly in the regulatory choices concerning climate change? To this end, what is the concrete content of the precautionary principle?; (b) How does liability law generally handle scientific uncertainty? What different types of liability exist, and how are they equipped to handle a climate change

40 CFR 267.147 - Liability requirements.

Science.gov (United States)

2010-07-01

... consideration of the guarantee. If the guarantor is a firm with a “substantial business relationship” with the... PERMIT Financial Requirements § 267.147 Liability requirements. (a) Coverage for sudden accidental... facilities, must demonstrate financial responsibility for bodily injury and property damage to third parties...

Mergers and acquisitions: director and consultant liability exposure.

Science.gov (United States)

Waxman, J M

1995-02-01

Corporate directors and their consultants must make decisions in an uncertain and changing health care environment. The losses each may face as a result of an incomplete analysis of the true value of the entities involved in mergers or acquisitions may extend beyond the failure of the transaction to the creation of personal liability as well. Accordingly, objective, careful, detailed, and fair decision-making based upon adequate information is more critical than ever for directors if they are to be able to take advantage of the business judgment rule, and also for consultants to avoid their own liability when transactions fail to deliver the values they have estimated.

7 CFR 1.51 - Claims based on negligence, wrongful act or omission.

Science.gov (United States)

2010-01-01

... 7 Agriculture 1 2010-01-01 2010-01-01 false Claims based on negligence, wrongful act or omission. 1.51 Section 1.51 Agriculture Office of the Secretary of Agriculture ADMINISTRATIVE REGULATIONS Claims § 1.51 Claims based on negligence, wrongful act or omission. (a) Authority of the Department...

TANGGUNG JAWAB RUMAH SAKIT TERHADAP KERUGIAN AKIBAT KELALAIAN TENAGA KESEHATAN DAN IMPLIKASINYA

Directory of Open Access Journals (Sweden)

Setya Wahyudi

2011-09-01

Full Text Available Justification hospital responsible for the losses resulting from the negligence of health workers in hospitals, namely the existence of the doctrine of respondeat superior, the doctrine of the hospital responsible for the quality of care (duty to care; and doctrine of vicarious liability, hospital liability, corporate liability. These doctrines are implemented on the provisions of Article 46 of Law Hospital in Indonesia, which determines that the hospital liable for all losses incurred on the negligence of health personnel in hospitals. The implications of the provisions was not easy for the public / patients to make compensation claims to the hospital, because it turns out there are reasons that can cause not all acts of negligence of health workers in hospitals is responsibility of the hospital. These reasons, such as health workers are not workers in the hospital; not know what parts are included in the therapeutic agreement with the doctor and what parts are included into the into the contract with the hospital. Key words: hospital responbility; negligence, health workers

[Sexual harassment in medical organizations].

Science.gov (United States)

Rabinerson, David; Maman, Maor; Glezerman, Marek

2008-01-01

Sexual harassment is quite prevalent in medical organizations. The two most affected groups are medical students and nurses. In its broad perspective, sexual harassment is defined as any type of offensive behavior with sexual connotation aimed at any individual or minority. In Israel, sexual harassment is regarded as such only in the literal sense, although recently, courts tend to adopt a more comprehensive approach in their ruling. Final legislation of the law against sexual harassment, which includes employer liability for the actions of its workers, caused increased awareness of the phenomenon of sexual harassment and may serve in reducing its prevalence in the medical environment.

The Effects of Liquidity Regulation on Bank Assets and Liabilities

OpenAIRE

Patty Duijm; Peter Wierts

2014-01-01

Under Basel III rules, banks become subject to a liquidity coverage ratio (LCR) from 2015 onwards, to promote short-term resilience. We investigate the effects of such liquidity regulation on bank liquid assets and liabilities. Results indicate co-integration of liquid assets and liabilities, to maintain a minimum short-term liquidity buffer. Still, microprudential regulation has not prevented an aggregate liquidity cycle characterised by a pro-cyclical pattern in the size of balance sheets a...

Unintended Consequences of Products Liability: Evidence from the Pharmaceutical Market

OpenAIRE

Eric Helland; Darius N. Lakdawalla; Anup Malani; Seth A. Seabury

2014-01-01

In a complex economy, production is vertical and crosses jurisdictional lines. Goods are often produced by an upstream national or global firm and improved or distributed by local firms downstream. In this context, heightened products liability may have unintended consequences on product sales and consumer safety. Conventional wisdom holds that an increase in tort liability on the upstream firm will cause that firm to (weakly) increase investment in safety or disclosure. However, this may fai...

77 FR 13589 - California Independent System Operator Corporation; Notice of Complaint

Science.gov (United States)

2012-03-07

... revise the standard for a determination of liability or indemnity from an ordinary negligence standard to a gross negligence standard. The Complainant challenges that the TCA would be unjust, unreasonable...

Some Considerations on the Liability of Principal for Acts of the Agent

Directory of Open Access Journals (Sweden)

Mirela COSTACHE

2012-11-01

Full Text Available The objective of this research is to briefly examine the stipulations of article 1373 of the Civil Code, referring to regulating the tort liability of the principal for the illicit act of the agent. From a comparative point of view with the old provisions, and also in a critical formulation, the study contributes in supporting the recognition of principle nature of the subject under review. Using content analysis, through descriptive documentary research and case-law analysis, this study aims at identifying the content of the obligation for the liability of the principal, presenting a view on the legal status of such type of legal liability. The paper continues further research in this area which has been published in various publications. The concrete results of the research focuse on the examination and interpretation of the new provisions relating to subsistence of the general and special conditions of this type of liability

An insight into medical malpractice and litigation | Aimakhu ...

African Journals Online (AJOL)

Medical malpractice otherwise known as a breach of professional obligation and negligence of duty by medical practitioners has been identified as the major cause of emerging medical litigation in Nigeria. Medical personnel must be aware in their practice that patients are becoming more aware of their rights. The public ...

Can private obstetric care be saved in South Africa

Directory of Open Access Journals (Sweden)

Graham Howarth

2014-11-01

Full Text Available This article examines the question of whether private obstetric care in South Africa (SA can be saved in view of the escalation in medical and legal costs brought about by a dramatic increase in medical negligence litigation. This question is assessed with reference to applicable medical and legal approaches. The crux of the matter is essentially a question of affordability. From a medical perspective, it seems that the English system (as articulated by the Royal College of Obstetricians and Gynaecologists as well as American perspectives may be well suited to the SA situation. Legal approaches are assessed in the context of the applicable medicolegal framework in SA, the present nature of damages and compensation with reference to obstetric negligence liability, as well as alternative options (no-fault and capping of damages to the present system based on fault. It is argued, depending on constitutional considerations, that a system of damages caps for noneconomic damages seems to be the most appropriate and legally less invasive system in conjunction with the establishment of a state excess insurance fund.

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)

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...

Legal aspects and liabilities of storage in transit of nuclear materials

International Nuclear Information System (INIS)

Mees, M.C.

1983-01-01

This paper considers the question of storage in transit of nuclear materials under the Paris Convention. It specifies the concepts of storage in transit of nuclear materials and then sets out the basic principles of nuclear third party liability. The paper concludes with an analysis of the practical situation in this field and the extent of State liability. (NEA) [fr

Market-Consistent Valuation of Pension Liabilities

NARCIS (Netherlands)

Pelsser, Antoon; Salahnejhad, Ahmad; van den Akker, Ramon

2016-01-01

Pension funds and life insurance companies have liabilities on their books with extremely long-dated maturities that are exposed to non-hedgeable actuarial risks and also to market risks. In this paper, we show that it is computationally feasible to price pensions contracts in an incomplete market

Sexual Harassment at Camp: Reducing Liability.

Science.gov (United States)