Full Text Available With the evolution and modernization of the liberal professions, both practitioners and clients are also aware of their rights and obligations, the risks involved in exercising professions that depend on the accuracy of information, the stability of decisions, and the observance of deadlines. The present study looks at the appearance of the particularities of the civil liability in the liberal professions existing in Romania in relation to the legal obligation to conclude an insurance policy for professional liability, as well as the situations and conditions in which it produces its effects.
McLennan, Stuart; Shaw, David; Leu, Agnes; Elger, Bernice
To examine medicolegal stakeholders' views about the impact of professional liability insurance in Switzerland on medical error disclosure. Purposive sample of 23 key medicolegal stakeholders in Switzerland from a range of fields between October 2012 and February 2013. Data were collected via individual, face-to-face interviews using a researcher-developed semi-structured interview guide. Interviews were transcribed and analysed using conventional content analysis. Participants, particularly those with a legal or quality background, reported that concerns relating to professional liability insurance often inhibited communication with patients after a medical error. Healthcare providers were reported to be particularly concerned about losing their liability insurance cover for apologising to harmed patients. It was reported that the attempt to limit the exchange of information and communication could lead to a conflict with patient rights law. Participants reported that hospitals could, and in some case are, moving towards self-insurance approaches, which could increase flexibility regarding error communication The reported current practice of at least some liability insurance companies in Switzerland of inhibiting communication with harmed patients after an error is concerning and requires further investigation. With a new ethic of transparency regarding medical errors now prevailing internationally, this approach is increasingly being perceived to be misguided. A move away from hospitals relying solely on liability insurance may allow greater transparency after errors. Legalisation preventing the loss of liability insurance coverage for apologising to harmed patients should also be considered.
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.
Dolz-Güerri, F; Gómez-Durán, E L; Martínez-Palmer, A; Castilla Céspedes, M; Arimany-Manso, J
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.
Hollander, Patricia A.
Tort liability covers most injurious, civil, wrongful acts that occur between individuals. For tort liability to exist, four elements must be present: a duty to use due care, a breach of that duty, a direct causal relationship between the conduct complained of and the injury suffered, and proof of actual injury. Recent court cases involving tort…
Botina Madalina; Pangrate Alina Georgiana
In the sphere of civil law, more specifically, in the matter of civil obligations, the notion of risk is involved for involvement in crimes or for non-contractual obligations arising out of the legal relations. Each of these types of risk are generated by nature and source of the obligation. I chose to discuss the contents of this article some problems encountered in Roman jurisprudence in relation to the type of civil liability. Of these issues we are going to analyze the difference between ...
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.
Martin Boyer; Karine Gobert
One of the major contract innovation in liability insurance during the liability crisis of the early 1980s was the introduction of claims-made and reported insurance contracts. Typical insurance contracts are based on loss occurrence (i.e., occurrence-based contracts), which means that a loss incurred in a given year is covered by the insurance contract for that year, no matter when the claims is actually reported. In a claims-made contract, losses are covered in the year in which they are re...
Chervenak, Judith L; Chervenak, Frank A; McCullough, Laurence B
The authors utilize stakeholder theory to provide a new analysis of the professional liability crisis, by identifying the major stakeholders in our current system of professional liability, their respective obligations and self-interests, and how these interests are advanced and constrained by the current system. This stakeholder analysis reveals a core ethical obligation of all stakeholders: the preservation of the integrity of our current judicial system. The adverse impact of the pursuit of stakeholder self-interests, rather than fulfillment of their core, shared ethical obligation, on achievement of the goals of the current system, the deterrence of unsafe practice and compensation of injured patients, is then identified. The authors argue that approaches to reform of professional liability in obstetrics be based upon the common obligation of the stakeholders to fulfill the goals of the system, because attempts to align the myriad self-interests of the stakeholders will be futile. Copyright 2010 Mosby, Inc. All rights reserved.
Full Text Available The article presents the current approaches to the problem of professional personality formation. It ana-lyzes the impact of professional identity of students on the choice of the specialist field they make. The article highlights certain aspects of the educational environment which promote to formation of compe-tences in students, relating to their choice of professional occupations. The article presents the analysis of students’ internal and external strivings after graduation from the university and their fulfillment.
Gómez-Durán, Esperanza L; Mulà-Rosías, Joan Antoni; Lailla-Vicens, Josep Maria; Benet-Travé, Josep; Arimany-Manso, Josep
To identify relevant factors involved in obstetrics and gynecology (OG) professional liability claims to help archive better management of risks. Analysis of 885 OG claims opened between 1986 and 2010, with the identification of the most common events leading to a claim, the economical and juridical characteristics of the claims, as well as the relevant trends over the study period. Most claims related to obstetrics. Labor, delivery and its complications accounted for 33.1% of the claims; 12.77% related specifically to cesarean. Oncological diseases, fetus death during labor and delivery, neurologically impaired infant and histerectomy-related problems were the most frequently claimed events. Most cases ended up without an indemnity payment and 37.7% of closed files were solved by an out-of-court procedure. Average payment was higher for the obstetric procedures than for those concerning gynecology cases. The proportion of claims relating to obstetrics increased during the study period, as well as the average payment. OG is at high-risk for malpractice claims, but compensation awards are not frequent. However, particular events, such as retained foreign objects, tubal ligation, ultrasound diagnosis or neurologically impaired newborns, deserve special attention regarding medico-legal issues. Copyright © 2013 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.
Broeckx, Nils; Verhoeven, Dimitri
This article will examine the problem of disease transmission through organ transplantation from a civil liability perspective. Both fault liability and strict product liability might be possible. These two types of liability will be compared, while applying them to the actions of the central parties involved in organ donation and transplantation, namely the physician/hospital, the donor and the organ exchange organisation. While product liability is generally an easier way to obtain compensation than fault liability, it might nevertheless place too heavy a burden on the transplant professionals.
Full Text Available УДК 343.2A new institute of repressive measures applied outside the criminal liability in criminal law (including as a condition for exemption from criminal liability is forming now in Russian legislation. The author concludes that the provisions of the criminal law on monetary compensation and a court fine should be deleted because of the following reasons. 1 By their nature, and monetary compensation and a court fine, not being a formal punishment (and, therefore, a form of realization of criminal responsibility is a monetary penalty, i.e., penalty-punishment. Moreover, the rules of court fine destination identical rules of criminal sentencing. 2 Quantitatively court fine may exceed the minimum limits of criminal punish-ment in the form of fines. The dimensions of monetary compensation in the order of hours. Pt. 2, Art. 76.1 of the Criminal Code and at all close to the maximum values of fine-punishment. 3 Exemption from criminal liability requires states to refrain from prosecuting the person alleged to have committed a crime, which means that the nonuse of criminal repression. Regulatory standards analyzed, on the other hand, require mandatory use of repression, ie, virtually no exemption from criminal liability does not occur at all. 4 The use of a quasi-penalty in the form of monetary compensation and court fines are not an exemption from criminal responsibility, but on the contrary, the use of criminal repression (of responsibility, and in a simplified manner. 5 Contrary to the requirements of the Constitution and the Criminal Code of criminal repression is applied to persons whose guilt has not been established in the commission of a crime. Thus, in criminal law introduced a presumption of guilt. 6 Customization repression (in fact – of criminal responsibility in the application of the judicial penalty is substantially limited, and the application of monetary compensation is excluded at all, contrary to the requirement that the rough
Bori, G; Gómez-Durán, E L; Combalia, A; Trilla, A; Prat, A; Bruguera, M; Arimany-Manso, J
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.
Navarro-Sandoval, Cleyber; Arones-Guevara, Shermany; Carrera-Palao, Rosa; Casana-Jara, Kelly; Colque-Jaliri, Tomasa
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 project was an evaluation of the potential for the legal liability of alcoholic beverage servers to stimulate preventative serving practices and thus reduce alcohol-involved traffic problems. Legal analyses of judicial and legislative actions wit...
The project was an evaluation of the potential for the legal liability of alcoholic beverage servers to stimulate preventative serving practices and thus reduce alcohol-involved traffic problems. Legal analyses of judicial and legislative actions wit...
Full Text Available Consideration of professional reflection as interdisciplinary problem is the necessary condition of quality analysis for personal professional becoming. Personal becoming in a profession is related to forming the necessary professional skills of a person, behaviour stereotypes which is the area of pedagogics. Reflection processes are inalienable part of self-knowledge of a person which result must lead to his self-perfection (including professional one and studying within the psychology increasingly. Thus the aim of the article is to ground the determination of professional reflection as an interdisciplinary problem in pedagogics and psychology.
Pizarro W, Carlos
The progressive increase of medical negligence law suits requires an updated analysis of the current situation of medical liability in Chile. The application of a new criminal procedure will avoid criminal prosecution of doctors, transferring to the civil courts the pecuniary sanctions for malpractice. Medical negligence and damage inflicted by doctors that require compensation are explained. The most likely evolution of medical liability is proposed, through an increase in civil liability insurance and the necessary standardization of rules applicable to professional liability.
Thompson, Atalie C; Parikh, P Divya; Lad, Eleonora M
To describe characteristics of closed medical professional liability (MPL) claims against ophthalmologists in the United States. Retrospective analysis of MPL claims from 2006-2015. Data were obtained from the Physician Insurers Association of America (PIAA) Data Sharing Project (DSP). Comparison was made between ophthalmology and all healthcare specialties for physician demographics, prevalence and costs associated with closed claims, and resolution of claims. The most prevalent chief medical factor, presenting medical condition, operative procedure, outcomes, and resolution of ophthalmology claims were compared between the 2006-2010 and 2011-2015 periods. From 2006-2015, 90 743 MPL claims were closed: 2.6% (2325/90 743) of closed claims and 2.2% (564/24 670) of all paid claims were against ophthalmologists. Retrospective analysis of MPL claims captured by the PIAA DSP over a 10-year period. Subspecialty pertaining to the claim, number of claims closed and paid, indemnity paid, allocated loss adjustment expenses, chief medical factor, presenting medical condition, operative procedure, outcome, and resolution. Only 24% of closed claims against ophthalmologists resulted in payment. Two-thirds were dropped, withdrawn, or dismissed. Ninety percent of claims that received a verdict were favorable toward the ophthalmologist. Cataract and cornea surgeries were the most prevalent and most costly operative procedures, accounting for 50% of all claims and $47 641 376 and $32 570 148 in total paid indemnity, respectively. Average indemnity was higher for corneal procedures ($304 476) than vitreoretinal procedures ($270 141) or oculoplastic procedures on the eyelid ($222 471) or orbit and eyeball ($183 467). The prevalence and cost of claims related to endophthalmitis declined from 2006-2010 (n = 38/1160 [3.3%]; average indemnity, $516 875) period to the 2011-2015 (n = 26/1165 [2.2%]; average indemnity, $247 083) period. Average indemnity paid
Full Text Available Background. Today, young people are more focused on getting education as such, without taking into account the profession. The relevance of this study is the identification of the level of professional self-determination of senior pupils, the mechanisms of formation of professional preferences. The article contains the concept and content of professional self-determination in adolescence; the results of the study on the formation of professional self-determination in senior pupils are presented. The study conducted among 9th grade pupils of secondary schools has revealed that the further gradual self-determination of the future specialty depends not only on psychological readiness for conscious choice. Materials and methods. The study involved 982 pupils of secondary schools in Ukraine. To study the level of formation of professional readiness, there was conducted a survey on the developed questionnaire. Statistical analysis was carried out using MS Excel and SPSS 17. Results. The results showed that professional intents of 9-graders are a key feature for solving the problem of high school selection and future careers. But for most students, these intentions are contradictory due to objective reasons. Radio, television, books don’t have a significant impact on the choice of professional self-determination. Conclusions. The conducted survey is self-sufficient for the analysis of professional orientation. But the choice of profession by the students is influenced by many factors. Therefore, carrying out the studies on vocational guidance requires an integrated approach.
Nithman, Robert W
The Bureau of Labor statistics indicates only a 50% four-year survivability rate among businesses classified as "education and health services." Gaining knowledge of IRS business entities can result in cost savings, operational efficiency, reduced liability, and enhanced sustainability. Each entity has unique disadvantages, depending on size, diversity of ownership, desire to expand, and profitability. Business structures should be compatible with organizational mission or vision statements, services and products, and professional codes of ethics. Healthcare reform will require greater business acumen. We have an ethical duty to disseminate and acquire the knowledge to properly establish and manage healthcare practices to ensure sustainable services that protect and serve the community.
Tamara B. Sergeeva
Full Text Available RETRACTED ARTICLEThe purpose of the paper is to develop a theoretical model conjugation of personal and professional mobility on the high school teachers’ example. Specific research problems of the study are to analyze the correlation properties of the mobile identity and mobile professional; the possibilities of forming professional mobility of teachers in the absence or underdevelopment of personal preconditions for mobility; search the features that can compensate this deficiency.Methods. The study is based on a theoretical analysis of different methodological approaches to the description of the personal and professional mobility. Also there were used the results of non-formal interview which was aimed at identifying the characteristics of the mobile professional teacher of high school.Results and scientific novelty. The concepts of «personal mobility» and «professional mobility» are clarified. Personal mobility is defined in the work as an integrative personal qualities, based on the individual properties (activity, plasticity, flexibility, adaptability, high energy source and manifests itself in the behavior and activities of the entity in the form of commitment, independence, openness to new experience, creativity and motivation for self-development, speed decisionmaking. Professional mobility is interpreted as a strategy to adapt to the changing conditions of professional activity, which is a special case of the general personal life strategy.Psychological readiness for pedagogical activity is considered as a link between the personal and professional mobility. Nine types of teacher's professional mobility, emerging as a result of different levels of personal mobility combined with the severity of psychological readiness for pedagogical activity are described.Practical significance. The analysis of the conjugacy problem of personal and professional mobility creates an informational basis for prolonged work on the formation of
Ketlyn da Silva Pasquali
Full Text Available One of the trends in the development of accountancy is the alignment of accounting principles, ethics and civil liability. In this context, this study analyzes the perception of accountants with respect to professional ethics and liability in view of the new Brazilian civil code adopted in 2002. To examine professional ethics, we investigated the perception of accountants as to civil liability, the hypotheses of incidence, and preventive measures for protecting rights and interests in light of the new civil code, using a descriptive and quantitative approach. Data was collected by means of a questionnaire applied to a sample of 52 accountants belonging to the Accountants Union of Cascavel and Region. Comparisons were made of the responses using graphical analysis and consensus analysis. On the basis of the results obtained, we can conclude that the accountants attribute importance to the use of ethics in their professional practice and that there is very strong consensus on the obligation to carry out the accounting profession zealously and with technical expertise. With regard to the degree of knowledge concerning civil responsibility and liability in the execution of their activities, we observed that these professionals know the penalties for malicious and intentional unethical acts in the exercise of the profession. Future research could explore self-assessment for further investigation with the purpose of developing a sense of individual responsibility and critical spirit.
Rodgers, Christopher P.
In March 2004, the U.K. government announced its intention to grant limited authorization for the growing of commercial genetically modified (GM) crops. This article reviews the potential liabilities that may arise from GM cropping, for environmental damage and for economic losses claimed by non-GM producers. It considers the application of the…
Weiss, Kenneth J; Van Dell, Landon
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.
Southgate, Erica; Reynolds, Ruth; Howley, Peter
Professional experience in teacher education is explored through the conceptual lens of the wicked problem. Wicked problems are socially constructed and complex. This paper outlines what is at stake in the framing of the problem of professional experience and how constructions of the problem make it difficult to find enduring solutions. The…
Putintsev, A.; Prischepa, N.
The article investigates aspects of professional competence that determines conditions for forming pedagogic basis for developing professionally important qualities of economic specialists in the modern economic space; theoretical analysis of different views of the problem of forming professionalism of future marketing specialists is performed; ways of forming professionalism of future marketing specialists are defined.
Full Text Available In this article the necessity of finding new ways to optimize motor insurance system to improve the quality and availability of insurance services was made. The necessity of the improvement of quality in services of compulsory insurance of vehicle owners' civil liability through the system of direct indemnity for losses is grounded in the article. The results of theoretical analysis and generalization of opportunities and practical measures as for putting into practice in Ukraine the direct indemnity for losses according to this type of insurance taking into account the experience of other countries are represented. The advantages of the innovative method for insurer and insured were highlighted.
Nataliia Anatoliivna Lypovska
Full Text Available The article examines the concept of «professional identity» and its importance for the analysis of the professionalization of the civil servants. The basic concepts such as “profession”, “professionalism” (“professional development”, “professional competence”, and their relationship are concerned. Relevance of the research is due to the fact that professional identity acts as an internal source of professional development and personal growth of any business entity, and the question of the development of professional identity is included into the total range of problems of any professional. Stages of professional identity are grounded. The paper concludes that professional identity is an integration concept, which expresses the relationship of personal characteristics that provide guidance in the world of professions and allows a person more fully realize his personal potential careers, as well as to predict the consequences of professional choice. Professional identity performs of transforming and stabilizing functions. Therefore professional identity serves like a kind of regulator for a profession.
Vealey, Kyle P.
This article describes the use of "problem forums" in undergraduate professional writing courses as a technique for facilitating and sustaining learning from increasingly complex, messy, and wicked problems that are characteristic of 21st-century work. Problem forums are designed to scaffold project team discussions of rhetorical,…
Shure, Myrna B.
There are lots of ways to handle behavior problems in the classroom. Some teachers send difficult children to time out, others tell them what and what not to do, and many explain why. But these techniques have one thing in common: they all do the thinking for the child. In this article, the author discusses how to help children handle conflicts…
Ciurana Moñino, María R; Rosset-Llobet, Jaume; Cibanal Juan, Luis; García Manzanares, María D; Ramos-Pichardo, Juan D
Professional musical performance requires static postures and repetitive movements that may cause musculoskeletal problems in performers. Elite pianists are especially at risk for these disorders, which may cause discomfort but also affect their work. The objective of this study was to describe the most frequent musculoskeletal problems observed in pianists, and to explore the influence of these disorders on their professional activities from the perspective of the pianists themselves. Musculoskeletal problems were defined in accordance with the International Classification of Diseases (ICD-10), and an analysis was conducted of medical records of 183 professional pianists held by a performing arts clinic (Terrassa, Spain). In addition, in-depth interviews were conducted with 20 pianists (6 students, 12 teachers, and 2 performers), followed by content analysis of the transcripts to explore musicians' perceptions. We identified a total of 20 different problems, which principally involved the upper body (arms and back). Regardless of occupation or age, all respondents reported having musculoskeletal problems and that these impacted on their professional activity. Interviewees also identified a lack of support or advice on how to prevent these problems. Musculoskeletal problems, principally those involving the upper body, are very common among pianists and affect their professional activity. It is necessary to include risk prevention information starting in the early stages of musicians' training programs.
The purpose of this study was to describe the problems experienced by professional nurses providing health care to patients living with HIV and AIDS in the public hospitals of Polokwane municipality, Limpopo province. A qualitative descriptive, contextual and phenomenology design was used to described the problems ...
Dutch Professional Language Usage and Problems of Translation into Czech Abstract This thesis analyzes the Dutch technical language with a focus on the legal language. The first part is devoted to general problems of translation and translation of the technical language, including theoretical elaboration on terminology and equivalence. After that the thesis deals with specific problems of the translation of the legal language. Next part of the thesis is devoted to a linguistic analysis of the...
Full Text Available Professional self-determination in adolescence for many years has been one of the hot topics of psychological theory and practice. Research in the field of personal and professional self-determination, career choice, continues to be a priority. Professional self-determination is part of the general process of socialization of adolescents, a necessary condition for their success and competitiveness in today's socio-economic realities. And it raises the question of what should be psychological and educational support in these conditions? Problems of career choice are considered on three sides: in the context of the social situation in which there are modern teenagers; from the perspective of adolescents themselves, choosing the profession; taking into account the peculiarities of psycho-pedagogical support of professional self-determination of teenagers nowadays. Analysis of problems leads us to the possible ways of solving them, and the need to build a new model of career guidance
Fernandez, Antonio R; Crawford, J Mac; Studnek, Jonathan R; Wilkins, J R
The objectives of this study were to estimate the prevalence of hearing problems among a national cohort of emergency medical service (EMS) professionals, determine factors associated with hearing problems, and estimate the percentage of EMS professionals who utilize hearing protection. Utilizing results from a questionnaire, individuals who reported hearing problems were compared to individuals who had not. Multivariable logistic regression was performed to identify variables associated with hearing problems. Finally, items regarding use of hearing protection were assessed to estimate the percentage of usage among EMS professionals. In total, 1,058 (57%) participants responded to the questionnaire. Of those, 1,024 (97%) who completed the hearing problems question were utilized for analysis. There were 153 (14.9%) cases of self-reported hearing problems. The final logistic regression model included lifetime occupational noise exposure 0.99 (95% CI = 0.9997-1.0002), report of previous back problems (odds ratio (OR) = 2.74, 95% CI = 1.8340-4.1042), large community size (OR = 1.67, 95% CI = 1.1211-2.4843), and minority status (OR = 0.61, 95% CI = 0.3719-0.9867). Finally, 213 (20.8%) individuals reported utilizing some form of hearing protection at their main EMS job. The results from this analysis are the first national estimates of the prevalence of self reported hearing problems among EMS professionals. This study was also the first to estimate the percentage of EMS professionals who self reported the utilization of hearing protection. 2009 Wiley-Liss, Inc.
Newman, Kristine; Dobbins, Maureen; Yost, Jennifer; Ciliska, Donna
Given the many different types of professionals working in public health and their diverse roles, it is likely that their information needs, information-seeking behaviors, and problem-solving abilities differ. Although public health professionals often work in interdisciplinary teams, few studies have explored their information needs and behaviors within the context of teamwork. This study explored the relationship between Canadian public health professionals' perceptions of their problem-solving abilities and their information-seeking behaviors with a specific focus on the use of evidence in practice settings. It also explored their perceptions of collaborative information seeking and the work contexts in which they sought information. Key Canadian contacts at public health organizations helped recruit study participants through their list-servs. An electronic survey was used to gather data about (a) individual information-seeking behaviors, (b) collaborative information-seeking behaviors, (c) use of evidence in practice environments, (d) perceived problem-solving abilities, and (e) demographic characteristics. Fifty-eight public health professionals were recruited, with different roles and representing most Canadian provinces and one territory. A significant relationship was found between perceived problem-solving abilities and collaborative information-seeking behavior (r = -.44, p problem solving, maintain personal control, and have confidence, they are more likely collaborate with others in seeking information to complete a work task. Administrators of public health organizations should promote collaboration by implementing effective communication and information-seeking strategies, and by providing information resources and retrieval tools. Public health professionals' perceived problem-solving abilities can influence how they collaborate in seeking information. Educators in public health organizations should tailor training in information searching to
Carson, Ann Taylor
The manual for professionals working with multi-problem families was developed by Project IINTACT which provided home-based services to families with young children who were developmentally delayed or at risk of developmental delay. Three groups of high risk families were served: those in which one or more parents is mentally retarded, those…
Miro, C A
It is the population professionals who belong to the "developing" world who have helped to create and expand the basic information which makes it possible to describe the demographic situation of countries and social groups more adequately. These professionals have developed, promoted, and applied analytical techniques which have enriched understanding of the components of demographic change. It is these professionals who have managed to make major contributions towards explaining the relationship between demographic and socioeconomic factors. The professionals are insisting on developing applied, theoretical, and methodological population research, the results of which will serve essentially to propose alternatives for action. This group of professionals participates daily in the training of technical staff and professionals and academics, specialists who will continue to promote the development of demography as a discipline. Finally, these professionals, through various publications, keep population topics at the center of the attention of those who are concerned with studying them. Groups of countries in Africa, Asia, and Latin America suffer, although to a different extent and in different ways, from the problems created by the rapid growth of certain cities, particularly capital cities. In addition to the problems which may arise from the operation of the specific population dynamics in different countries and between different social groups within those countries, there are those arising from the unequal distribution of agricultural land, foodstuffs, and wealth in general, those arising from the unjust organization of the international economy and from the obsolete international financial structure, and those deriving from the irrational use of resources for military spending and the manufacture and stockpiling of vast nuclear arsenals.
Werlauff, Erik; Foged-Ladefoged, Lise Kolding
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....
Full Text Available The problem of professional burnout is extremely relevant in current stress management. By its nature, professional burnout is a unique type of stress syndrome that is characterized by emotional exhaustion. It leads to loss of energy and interest in one’s job. A burnout could be the result of such syndromes as – burnout and boreout. It could emerge as the reaction of the organism to the high working intensity and stress working conditions or due to the boredom and absence of the sphere for professional realization. Both syndromes negatively influence the professional activity and require serious research and an adequate approach to the study. Studies have been conducted in the higher educational environment and among production employees. The studies were conducted with the application of the existing tests for revealing the “boreout” and “burnout” syndromes. Studies have shown that the syndrome “burnout” is common among workers with free working regulations, whose work requires greater independence, initiative and responsibility. According to the results of the study, the employees who are more free in the performance of their professional duties (teachers, managers are less subjected to the boreout syndrome. For the prevention and control of professional burnout company management needs to apply the achievements of stress management.
97 Liability in labour law Summary This diploma paper analyzes liability in labour law with focus on liability for damage. At first the diploma paper introduces conception of liability in general and idea of liability in labour law considering different position of employee and employer in labour relations. The diploma paper then enumerates the types of labour-law liability. The next chapter concentrates on liability for damage. This chapter describes characteristic features of liability for ...
KALLAS FILHO, Elias
Full Text Available Nosocomial infection is notoriously one of the primary problems faced by healthcare insti-tutions and by professionals who work for them. This fact is demonstrated by the growing number of legal actions proposed in the legal system by patients and users of the health care system. Because of this scenario, the phenomenon of civil liability has arisen in cases of noso-comial infection. The legal implications of this phenomenon are varied and involve issues of the institutional environment and of professional conduct. Thus, the current study seeks to analyze the literature on the decisions taken by Brazilian courts regarding civil liability in cases of nosocomial infection. Conceptual aspects that define this healthcare problem are listed, as are the types of civil liability, the legal directives that guide conduct regarding this topic, and the decisions of Brazilian courts that consider civil liability in these cases. It was determined that the courts have been supported by the distinction between objective civil liability and subjective civil liability; additionally, it was determined that these courts are guided by the understanding of the existing service relationship between the institution or health care professional and the patient or user of the health care system.
Arghya Kusum Mukherjee
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.
Full Text Available This chapter is an overview of the current status of the law in the United States regarding prenatal genetic testing with an emphasis on issues related to professional liability and other challenges affecting patient access to prenatal genetic testing. The chapter discusses the roles that federal regulations, promulgated by the Centers for Medicare and Medicaid Services (CMS, the Food and Drug Administration (FDA and the Federal Trade Commission (FTC, play in the regulation of prenatal genetic tests. The chapter discusses tort litigation based on allegations of malpractice in the provision of prenatal genetic testing and how courts have analyzed issues related to causation, damages and mitigation of damages. The chapter provides reference information regarding how individual states address causes of action under the tort theories of wrongful birth and wrongful life. The chapter concludes with a discussion of future legal issues that may affect clinical prenatal genetic testing services arising from the continued expansion of prenatal genetic testing, legal restrictions on access to abortion and the potential development of embryonic treatments.
... 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...
Full Text Available The article outlines the main trends of compulsory insurance of civil liability in Russia : problems, trends and prospectsInsurance of civil liability – one of the popular forms of distribution and security in the world. The essence of compulsory insurance of civil responsibility is to protect the property interests of individuals. The development of liability insurance goes along with technological progress and reinforced by various laws and regulations, it touches almost all areas of life.
Irwin, Timothy; Mokdad, Tanya
Contingent liabilities create management problems for governments. They have a cost, but judging what the cost is and whether it is worth incurring is difficult. Except in the case of contingent liabilities created by simple guarantees of debt, governments usually can incur contingent liabilities without budgetary approval or recognition in the governments accounts. So governments may pref...
Raquel de Lima Mendes
Full Text Available This study will consider of professionalism to the Brazilian socioeconomic scenario, relating it to unemployment, professional qualification, salary, educational opportunity, demonstrated throw statistical data, as well as the representation of the professions and the legitimacy of trade unions and social groups to represents. These elements grounded an analysis of the Individual Labour law in relation to work and employment relationship; capitalism, productive restructuring, globalization, new technologies and Easing. Address the ethical question of the autonomy of the professional group, the self-monitoring and self-punishment, which reflect not only the defense of the professional group, but also in consumer protection or contractor.
Crone, Mathilde R.; Bekkema, Nienke; Wiefferink, Carin H.; Reijneveld, Sijmen A.
Objective To assess the effectiveness of child health care professionals (CHP) in identifying psychosocial problems among children originating from industrialized and nonindustrialized countries and to assess whether parental concerns enhance CHP problem-identification. Study design During routine
Crone, M.R.; Bekkema, N.; Wiefferink, C.H.; Reijneveld, S.A.
Objective: To assess the effectiveness of child health care professionals (CHP) in identifying psychosocial problems among children originating from industrialized and nonindustrialized countries and to assess whether parental concerns enhance CHP problem-identification. Study design: During routine
Crone, M.R.; Bekkema, N.; Wiefferink, C.H.; Reijneveld, S.A.
Objective: To assess the effectiveness of child health care professionals (CHP) in identifying psychosocial problems among children originating from industrialized and nonindustrialized countries and to assess whether parental concerns enhance CHP problem-identification. Study design: During routine
Crone, M.R.; Bekkema, N.; Wiefferink, C.H.; Reijneveld, S.A.
Objective To assess the effectiveness of child health care professionals (CHP) in identifying psychosocial problems among children originating from industrialized and nonindustrialized countries and to assess whether parental concerns enhance CHP problem-identification. Study design During routine
Full Text Available Cogent argument for better understanding of the take-up of teacher professional development through understanding the definition itself has been presented. The main constituents of the definition with reference to different sources of information in psychology, philosophy and pedagogics have been analyzed. To make the research more logical, the definitions “personality development”, “professional development” and “teacher professional development” have been studied in consecutive order. The literature review, which is based on Ukrainian and foreign documents observation, shows different approaches to defining the notion studied: a process-based approach and a system-based approach, as well as their conditional character and appropriateness. In authors’ view, teacher education is a key issue in basic development sectors of any country of the world. Teachers’ professional activities must not focus on individual content only but bear in mind students’ intellectual, spiritual, physical, moral, social and cultural well being. Teacher professional development is a powerful and effective premise for sustained improvement of student outcomes. On the whole, teacher professional development can be defined as a long-term complex process of qualitative changes in teaching aimed at teacher performance improvement in the classroom and ensuring students’ success. According to the study, this process can be compulsory or so called optional. The effectiveness of professional development is structured: leadership, knowledge, available recourses, high level of collaboration, appropriate evaluation and sustainability.
Yasemin Duygu ESEN
Full Text Available In this study, teachers’ professional problems was investigated and the significance level of them was measured with the paired comparison method. The study was carried out in survey model. The study group consisted of 484 teachers working in public schools which are accredited by Ministry of National Education (MEB in Turkey. “The Teacher Professional Problems Survey” developed by the researchers was used as a data collection tool. In data analysis , the scaling method with the third conditional equation of Thurstone’s law of comparative judgement was used. According to the results of study, the teachers’ professional problems include teacher training and the quality of teacher, employee rights and financial problems, decrease of professional reputation, the problems with MEB policies, the problems with union activities, workload, the problems with administration in school, physical conditions and the lack of infrastructure, the problems with parents, the problems with students. According to teachers, the most significant problem is MEB educational policies. This is followed by decrease of professional reputation, physical conditions and the lack of infrastructure, the problems with students, employee rights and financial problems, the problems with administration in school, teacher training and the quality of teacher, the problems with parents, workload, and the problems with union activities. When teachers’ professional problems were analyzed seniority variable, there was little difference in scale values. While the teachers with 0-10 years experience consider decrease of professional reputation as the most important problem, the teachers with 11-45 years experience put the problems with MEB policies at the first place.
Tatyana V. Matveeva
Full Text Available Leading role in the process of development and improvement of modern Russian education plays an additional professional education, which, to the greatest extent, responds to the qualitative changes in the socio-economic relations in a rapidly changing world. The aim of this paper is to identify the organizational and legal problems of professional and public accreditation of additional professional education programs in Russia and the opportunities development of this institution in modern conditions. The scientific research problem was to justify the need for professional and public accreditation of additional professional education programs of modern universities on the basis of delegation of procedures for evaluating the quality of education by public authorities to the public expert organizations, which ensure the independence and objectivity of the decisions made by qualified experts using a standardized assessment tools and tech to meet the needs of all parties concerned for highly qualified professionals. Methods. Empirical and theoretical methods were applied in the process of solving the problems in the scientific work to achieve the objectives of the study and test the hypothesis of an integrated methodology. Theoretical research methods involve: analysis of different literary sources (including legislative and regulatory enactments of the Higher Authorities of the Russian Federation, regulatory enactments of the Ministry of General and Vocational Education of the Russian Federation, compilation, synthesis of empirical data, comparative analysis, and others. Empirical research methods include: observation, testing, interview, questionnaire, ranking, pedagogical experiment, analysis of the products of activity, method of expert evaluations, methods of mathematical statistics, and other. Results. The expediency of independent accreditation procedures is proved. The goals that need to be solved to enhance the competitiveness of
Avshenyuk, Natalia; Kostina, Lyudmyla
Cogent argument for better understanding of the take-up of teacher professional development through understanding the definition itself has been presented. The main constituents of the definition with reference to different sources of information in psychology, philosophy and pedagogics have been analyzed. To make the research more logical, the…
Horn, Line Helverskov; Khalid, Md. Saifuddin
, and professional identity in higher education. The literature review will focus on the following research questions: How do ICTs support a creative learning environment in fostering creative problem solving skills? How do ICTs relate to or affect the characteristics of professional identity in the context...... of higher education? And How do ICTs relate to or affect the formation of professional identity in the context of higher education? These questions create the structure of this chapter in which the authors propose a change of perspective in the study of professional identity and ICT, from the theoretical......This chapter regards creative problem solving as a professional identity skill that can be fostered by creative learning environments supported by ICT. A systematic literature review is provided in order to build relationships between creative problem solving, creative learning environments, ICT...
Horn, Line Helverskov; Khalid, Md. Saifuddin
, and professional identity in higher education. The literature review will focus on the following research questions: How do ICTs support a creative learning environment in fostering creative problem solving skills? How do ICTs relate to or affect the characteristics of professional identity in the context...... of higher education? And How do ICTs relate to or affect the formation of professional identity in the context of higher education? These questions create the structure of this chapter in which the authors propose a change of perspective in the study of professional identity and ICT, from the theoretical......This chapter regards creative problem solving as a professional identity skill that can be fostered by creative learning environments supported by ICT. A systematic literature review is provided in order to build relationships between creative problem solving, creative learning environments, ICT...
Lin, Ling-Yi; Cherng, Rong-Ju; Lee, I-Chin; Chen, Yi-Jen; Yang, Hui-Mei; Chen, Yung-Jung
Children's developmental problems vary, with some easier to identify than others. The accuracy of caregivers' initial identification of children's developmental problems is important in the timely treatment of those problems by medical professionals. In this study, we investigated the degree to which caregivers' initial identification of…
Hui, Tang; Liang, Ma
Mental health education is one of the most important tasks in postgraduate education. Professional master, as a graduate of an emerging group, its mental health education cannot be ignored. This paper focuses on the existence of some mental health problems of Chinese full-time professional master, explores and analyzes their causes and finally…
Werner, Anne; Malterud, Kirsti
parental drinking. Even when problems were obvious, participants felt that professionals took no further action. Medical and social problems were managed within very confined perspectives. Conclusions: Specific commitment to confront cultural taboos is needed to attend to children’s unmet needs......Aim: The aim of this study was to explore encounters with service professionals experienced in childhood and adolescence by children who grew up with parental alcohol abuse. We focused on their accounts from situations indicating children’s struggles or parental drinking problems. Methods: Semi......-structured qualitative interview study was conducted with retrospective data from nine adults. Systematic text condensation was used to understand childhood experiences from encounters with professionals. Results: Participants believed that professionals rarely recognised their parents’ drinking problems. The children...
Medicaid program; third party liability for medical assistance; FFP rates for skilled professional medical personnel and supporting staff; and sources of state share of financial participation--HCFA. Proposed rules.
These proposed regulations would--(1) Broaden the scope of services for which a State must collect from third parties the cost of medical assistance furnished to Medicaid recipients, remove the specific requirements for the terms of cooperative agreements for third party collections, and revise the methods of paying claims involving third party liability; (2) Clarify criteria used in determining whether skilled professional medical personnel and supporting staff involved in the administration of the Medicaid program quality for 75 percent Federal matching; and (3) Clarify policy to permit public and private donations to be used as a State's share of financial participation in the entire Medicaid program, instead of only for training expenditures. The proposed amendments would clarify policy and reduce program expenditures.
Full Text Available The article deals with the lawyer civil liability, with its two forms, namely the tort and the contractual liability, a question of real interest as the civil liability cases are much more numerous than many other criminal or disciplinary cases. We focused on the regulation and content of the lawyer civil liability, analyzing the provisions of Law no 51/1995 regarding the organization and exercise of advocacy in Romania and also on the provisions of the Statute of advocacy and that of the Code of Ethics.
Carbonara, Emanuela; Guerra, Alice; Parisi, Francesco
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...... allows policy makers to induce parties to undertake socially desirable care and activity levels. Traditionally, tort law systems have assigned residual liability either entirely on the tortfeasor or entirely on the victim. In this paper, we unpack the cheapest-cost-avoider principle to consider...
Responsabilidade civil dos profissionais de enfermagem nos procedimentos invasivos Responsabilidad civil de los profesionales de enfermería en procedimientos invasivos Damage liability of nursing professionals in the invasive procedures
Cristina Maria Miranda de Sousa
Full Text Available Este estudo teve por objetivo apreender as Representações Sociais da Responsabilidade Civil da Enfermagem nos procedimentos invasivos elaboradas pelos profissionais da área. Trata-se de uma pesquisa qualitaitva desenvolvida em um hospital público com 64 sujeitos. Os dados foram produzidos a partir do Teste de Associação Livre de Palavras, processados pelo software Tri-Deux Mots, sendo feita Análise Fatorial de Correspondência. O campo representacional dos sujeitos indicou atitudes favoráveis com relação ao estímulo procedimentos invasivos. As concepções sobre o estímulo infecção hospitalar demonstraram uma visão ampla do problema das infecções hospitalares e suas graves consequências. Porém, não se observou preocupação e manifestação nas representações sociais dos sujeitos sobre as responsabilidades civil do profissional de Enfermagem.Este estudio tuvo como objetivo aprehender las Representaciones Sociales de la Responsabilidad Civil de Enfermería en los procedimientos invasivos elaborados por los profesionales del área. Tratase de una investigación cualitativa desarrollada en un hospital estatal con 64 sujetos. Los datos fueron producidos a partir de examen de asociación libre de palabras, procesadas por el software Tri-Deux Mots, siendo hecho Análisis Factorial de Correspondencia. El campo representacional de los sujetos indicó actitudes favorables con relación al estímulo procedimientos invasivos. Las concepciones sobre el estímulo infección hospitalario demostraron una visión amplia del problema de las infecciones hospitalarios y sus graves consecuencias. Sin embargo no se observó preocupación y manifestación en las representaciones sociales del sometido sobre las responsabilidades civil del profesional de Enfermería.This study had as objective to apprehend the Social Representation of damage liability of nursing in the invasive procedures elaborated by the professionals of the area. It treats of a
Lewinsohn, Thomas M; Attayde, José Luiz; Fonseca, Carlos Roberto; Ganade, Gislene; Jorge, Leonardo Ré; Kollmann, Johannes; Overbeck, Gerhard E; Prado, Paulo Inácio; Pillar, Valério D; Popp, Daniela; da Rocha, Pedro L B; Silva, Wesley Rodrigues; Spiekermann, Annette; Weisser, Wolfgang W
Ecological science contributes to solving a broad range of environmental problems. However, lack of ecological literacy in practice often limits application of this knowledge. In this paper, we highlight a critical but often overlooked demand on ecological literacy: to enable professionals of various careers to apply scientific knowledge when faced with environmental problems. Current university courses on ecology often fail to persuade students that ecological science provides important tools for environmental problem solving. We propose problem-based learning to improve the understanding of ecological science and its usefulness for real-world environmental issues that professionals in careers as diverse as engineering, public health, architecture, social sciences, or management will address. Courses should set clear learning objectives for cognitive skills they expect students to acquire. Thus, professionals in different fields will be enabled to improve environmental decision-making processes and to participate effectively in multidisciplinary work groups charged with tackling environmental issues.
Gainsbury, Sally; Hing, Nerilee; Suhonen, Niko
Despite the negative consequences associated with gambling, few problem gamblers seek professional help. This study aimed to examine awareness of professional sources of help and help-seeking behaviour amongst regular and problem gamblers. Australian gamblers (N = 730) were recruited from the general population, multicultural gambling venues, and gambling helplines and treatment services. Surveys measured awareness of professional help services, help-seeking behaviour and motivators and barriers to seeking help. Gamblers demonstrated low awareness of professional help services. Problem gamblers born in Australia or who were divorced were more likely to seek help. Problem gamblers who were reluctant to seek help due to a desire solve the problem on their own and feeling ashamed for themselves or their family pride were more likely to have overcome these barriers to seek help. However, significant barriers related to denial of problem severity and concerns about the ability to access low cost services that cater for multicultural populations predicted a lower likelihood of having sought help. Public education should aim to de-mystify the treatment process and educate gamblers about symptoms of problem gambling to reduce shame, stigma, and denial and encourage help-seeking. Ongoing education and promotion of help services is required to increase awareness of the resources available, including targeted promotions to increase awareness of relevant services among specific populations.
Hing, Nerilee; Russell, Alex M T; Gainsbury, Sally M; Blaszczynski, Alex
Professional gamblers are more likely than amateur gamblers to meet criteria for problem gambling but minimal research has examined their gambling behavior and its consequences. This study compared gambling behavior, problem gambling symptoms, related harms, recognition, and help-seeking among problem semi/professional gamblers (PPGs/PSPGs) and problem amateur gamblers (PAGs). Surveys completed by 57 self-identified professional gamblers, 311 semi-professional gamblers and 4226 amateur gamblers were analysed. PPGs/PSPGs were significantly more likely than PAGs to be male, younger, never married, speak a language other than English at home, and have higher psychological distress, compared to PAGs. PPGs/PSPGs were more likely to gamble more frequently on many skills-based forms, but most also participated in several chance-based forms. PPGs'/PSPGs' most common problematic gambling form was electronic gaming machines and they were more likely to have problems with sports betting than PAGs. Most PPGs/PSPGs reported coming out behind on all gambling forms over the previous year. PPGs/PSPGs were more likely than PAGs to report chasing losses and numerous detrimental financial gambling consequences. This group's self-identification as PPGs/PSPGs is clearly inaccurate and perhaps a means to avoid stigma, elevate status and support problem denial. PPGs/PSPGs may represent an extreme example of gamblers with erroneous cognitions and beliefs who lack the required discipline and skill to be successful professional gamblers. The findings identify a group of problem gamblers who may benefit from interventions to dispel their mistaken self-identity, and emphasize the need for more rigorous confirmation of professional gambler status in future research.
Martynenko, A V
Population health protection is a vast sphere of professional social activity. At the present stage of reformation medicosocial activity acquires the features of professional activity of an intersectoral type aimed at medical rehabilitation, legislative, psychological, pedagogical, and sociocommunal care of clients in order to repair and maintain his or her physical, mental, and social well-being. Such an approach to the solution of interdiscipline problems of subjects finding themselves in difficult situations implies comprehensive research.
Natal’ya Yur’evna Gorbunova
Full Text Available We described several aspects of organizing student research work, as well as solving a number of mathematical modeling problems: professionally-oriented, multi-stage, etc. We underlined the importance of their economic content. Samples of using such problems in teaching Mathematics at agricultural university were given. Several questions connected with information material selection and peculiarities of research problems application were described. Purpose. The author aims to show the possibility and necessity of using professionally-oriented problems of mathematical modeling in teaching Mathematics at agricultural university. The subject of analysis is including such problems into educational process. Methodology. The main research method is dialectical method of obtaining knowledge of finding approaches to selection, writing and using mathematical modeling and professionally-oriented problems in educational process; the methodology is study of these methods of obtaining knowledge. Results. As a result of analysis of literature, students opinions, observation of students work, and taking into account personal teaching experience, it is possible to make conclusion about importance of using mathematical modeling problems, as it helps to systemize theoretical knowledge, apply it to practice, raise students study motivation in engineering sphere. Practical implications. Results of the research can be of interest for teachers of Mathematics in preparing Bachelor and Master students of engineering departments of agricultural university both for theoretical research and for modernization of study courses.
ELENA EMILIA STEFAN
Full Text Available The violation of a social norm establishing a rule of conduct engages the violator’s liability. Responsibility is a social phenomenon and it expresses, in its shortest definition, an act of commitment of the individual in the process of social interaction. This study aims to analyze the concepts of liability and responsibility, but also the relationship between them, starting from their common fundamentals and ending with the main differences between the two notions.
Full Text Available Introduction: The objective of this article was to analyze the theory and pedagogical basis of the use of problem-based learning (PBL for inter-professional education (IPE in undergraduate health science education and present evidence from a palliative care iPBL (inter-professional PBL module that confirms the importance of the two methodologies being used together. Methods: More than 1000 student surveys collected over 4 years were analyzed for components of usefulness, enjoyment and facilitator effectiveness. A retrospective self-assessment of learning was used for both content knowledge of palliative care and knowledge of the other professions participating in the module. Results: Statistically significant gains in knowledge were recorded in both areas assessed. Medical students reported lower gains in knowledge than those in other programs. Scores were moderately high for usefulness and facilitator effectiveness. Scores for enjoyment were very high at 5.19 out of a total score of 6.0. Conclusion: There is strong theoretical and empirical evidence that PBL is a useful method to deliver IPE for palliative care education. With the evidence presented from the palliative care iPBL it is our contention that PBL inter-professional cases should be utilized more often, incorporated into IPE programs generally, and researched more rigorously.
McKee, Nora; D’Eon, Marcel; Trinder, Krista
Introduction The objective of this article was to analyze the theory and pedagogical basis of the use of problem-based learning (PBL) for inter-professional education (IPE) in undergraduate health science education and present evidence from a palliative care iPBL (inter-professional PBL) module that confirms the importance of the two methodologies being used together. Methods More than 1000 student surveys collected over 4 years were analyzed for components of usefulness, enjoyment and facilitator effectiveness. A retrospective self-assessment of learning was used for both content knowledge of palliative care and knowledge of the other professions participating in the module. Results Statistically significant gains in knowledge were recorded in both areas assessed. Medical students reported lower gains in knowledge than those in other programs. On a scale of 0 to 6, mean scores were moderately high for usefulness (4.37) and facilitator effectiveness (5.19). Mean scores for enjoyment of the iPBL module were very high at 5.25. Conclusion There is strong theoretical and empirical evidence that PBL is a useful method to deliver IPE for palliative care education. With the evidence presented from the palliative care iPBL it is our contention that PBL inter-professional cases should be utilized more often, incorporated into IPE programs generally, and researched more rigorously. PMID:26451199
McKee, Nora; D'Eon, Marcel; Trinder, Krista
The objective of this article was to analyze the theory and pedagogical basis of the use of problem-based learning (PBL) for inter-professional education (IPE) in undergraduate health science education and present evidence from a palliative care iPBL (inter-professional PBL) module that confirms the importance of the two methodologies being used together. More than 1000 student surveys collected over 4 years were analyzed for components of usefulness, enjoyment and facilitator effectiveness. A retrospective self-assessment of learning was used for both content knowledge of palliative care and knowledge of the other professions participating in the module. Statistically significant gains in knowledge were recorded in both areas assessed. Medical students reported lower gains in knowledge than those in other programs. On a scale of 0 to 6, mean scores were moderately high for usefulness (4.37) and facilitator effectiveness (5.19). Mean scores for enjoyment of the iPBL module were very high at 5.25. There is strong theoretical and empirical evidence that PBL is a useful method to deliver IPE for palliative care education. With the evidence presented from the palliative care iPBL it is our contention that PBL inter-professional cases should be utilized more often, incorporated into IPE programs generally, and researched more rigorously.
Full Text Available OBJECTIVE: to identify competency strengths and weaknesses as perceived by nursing professionals who graduated with a integrated curriculum and competency-based through Problem Based Learning in small groups.METHOD: an intrinsic case study method was used, which analyzes this innovation through former students (from the first class with three years of professional experience. The data were collected through a questionnaire and discussion groups.RESULTS: the results show that their competency level is valued in a very satisfactory manner. This level paradoxically contrasts with the lack of theoretical knowledge they perceived at the end of their education, when they started working in clinical practice.CONCLUSIONS: the teaching strategy was key to motivate an in-depth study and arouse the desire to know. In addition, Problem Based Learning favors and reinforces the decision to learn, which is that necessary in the course of professional life.
Cónsul-Giribet, María; Medina-Moya, José Luis
OBJECTIVE: to identify competency strengths and weaknesses as perceived by nursing professionals who graduated with a integrated curriculum and competency-based through Problem Based Learning in small groups. METHOD: an intrinsic case study method was used, which analyzes this innovation through former students (from the first class) with three years of professional experience. The data were collected through a questionnaire and discussion groups. RESULTS: the results show that their competency level is valued in a very satisfactory manner. This level paradoxically contrasts with the lack of theoretical knowledge they perceived at the end of their education, when they started working in clinical practice. CONCLUSIONS: the teaching strategy was key to motivate an in-depth study and arouse the desire to know. In addition, Problem Based Learning favors and reinforces the decision to learn, which is that necessary in the course of professional life. PMID:25493666
Cónsul-Giribet, María; Medina-Moya, José Luis
To identify competency strengths and weaknesses as perceived by nursing professionals who graduated with a integrated curriculum and competency-based through Problem Based Learning in small groups. An intrinsic case study method was used, which analyzes this innovation through former students (from the first class) with three years of professional experience. The data were collected through a questionnaire and discussion groups. The results show that their competency level is valued in a very satisfactory manner. This level paradoxically contrasts with the lack of theoretical knowledge they perceived at the end of their education, when they started working in clinical practice. The teaching strategy was key to motivate an in-depth study and arouse the desire to know. In addition, Problem Based Learning favors and reinforces the decision to learn, which is that necessary in the course of professional life.
Wopereis, Iwan; Derix, Egbert
This study explored the information problem solving behavior of a professional jazz musician during creative work. It aimed at revealing information seeking activities necessary to execute present-day musical projects. A single case was studied in depth. First, a narrative interview was conducted to
This study surveys problems with English language teaching and learning and the professional development (PD) needs of high-school teachers in three provinces of three Secondary Educational Service Areas in Thailand. Both closed-and open-ended questionnaires were employed. The data was analyzed by frequency distribution and percentage; the…
Perdomo-Díaz, Josefa; Felmer, Patricio; Randolph, Valeria; González, Guillermo
In this paper we present a professional development course designed to impact on teachers' mathematical knowledge for teaching fractions. The main features of the course are the use of i) problem solving activities related with mathematical knowledge for teaching fractions ii) peer discussions and iii) monitor's interventions focused on answering…
This paper explores the concept and practice of interaction within a blended problem-based learning (PBL) module for academic professional development in higher education. A qualitative study spanning two years of the lived experiences of 17 academic staff in a blended PBL module was considered likely to provide a much-needed analysis of current…
Bech, Christine Flagstad; Frederiksen, Tine; Villesen, Christine Tilsted; Højsted, Jette; Nielsen, Per Rotbøll; Kjeldsen, Lene Juel; Nørgaard, Lotte Stig; Christrup, Lona Louring
Background Disagreement among healthcare professionals on the clinical relevance of drug-related problems can lead to suboptimal treatment and increased healthcare costs. Elderly patients with chronic non-cancer pain and comorbidity are at increased risk of drug related problems compared to other patient groups due to complex medication regimes and transition of care. Objective To investigate the agreement among healthcare professionals on their classification of clinical relevance of drug-related problems in elderly patients with chronic non-cancer pain and comorbidity. Setting Multidisciplinary Pain Centre, Rigshospitalet, Copenhagen, Denmark. Method A pharmacist performed medication review on elderly patients with chronic non-cancer pain and comorbidity, identified their drug-related problems and classified these problems in accordance with an existing categorization system. A five-member clinical panel rated the drug-related problems' clinical relevance in accordance with a five-level rating scale, and their agreement was compared using Fleiss' κ. Main outcome measure Healthcare professionals' agreement on clinical relevance of drug related problems, using Fleiss' κ. Results Thirty patients were included in the study. A total of 162 drug related problems were identified, out of which 54% were of lower clinical relevance (level 0-2) and 46% of higher clinical relevance (level 3-4). Only slight agreement (κ = 0.12) was found between the panellists' classifications of clinical relevance using a five-level rating scale. Conclusion The clinical pharmacist identified drug related problems of lower and higher clinical relevance. Poor overall agreement on the severity of the drug related problems was found among the panelists.
Bengmark, D; Nilner, M; Rohlin, M
To determine the way in which Malmö University dental graduates perceive their problem-based dental education and evaluate their professional satisfaction. The first five cohorts (graduating in years 1995-1999) of the problem-based curriculum were invited to participate. Of 166 graduates, 77% responded to a questionnaire comprising 20 questions on aspects of their dental education, professional situations and interest in postgraduate education. They were asked to rank their perception of their dental education and satisfaction with their professional situation on a visual analogue scale (VAS) with endpoints ranging from 'Not at all' (1) to 'Very well' (10). For other statements, the markings were made on a Likert scale from 1 (not important/not satisfied) to 5 (very important/very satisfied). There were also open-ended questions. Most respondents perceived their education to prepare them well for a career in dentistry (median score VAS 8), and 90% rated above six on a VAS for their professional satisfaction as dentists. Importance and satisfaction were highly correlated with principles of the curriculum: holistic view, oral health, lifelong learning, integration between theory and clinic, and clinical competence. Forty-five per cent of the graduates noted the problem-based learning approach as the most valuable asset of their education, and 19% cited training in oral surgery as a deficit. Of the respondents, 77% expressed interest in specialist training and 55% in research education. Problem-based education was perceived to prepare graduates well for their profession, and their professional satisfaction was high. © 2011 John Wiley & Sons A/S.
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.
To explore the influence of current learning traditions in nursing on the development of reflection and critical reflection as professional practice skills and to offer suggestions for nursing education that will specifically facilitate the development of critical reflection. ORGANIZATIONAL CONSTRUCTS: Mezirow's transformative learning theory, Barrows conceptualization of problem-based learning (PBL). Integrative literature review of published literature related to nursing, health science education and professional education from 1983-2000. Professional education scholars concur that specialized knowledge is clearly essential for professional practice, however, they also suggest that self-consciousness (reflection) and continual self-critique (critical reflection) are crucial to continued competence. While strategies to facilitate reflection have been outlined in the literature, specific strategies to facilitate the development of critical reflection and implications for nursing education are much less clear. Advocates of reflective and critically reflective practice suggest that the development of these abilities should be inextricably linked to professional development and can be developed through active repeated guided practice. In health care, PBL based on constructivism, has been identified as one way to facilitate the development of these skills. Nursing learners exposed to PBL develop the ability to be reflective and critically reflective in their learning and acquire the knowledge and skill within the discipline of nursing by encountering key professional practice situations as the stimulus and focus of their classroom learning. The learners' ability to be both reflective and critically reflective in their learning is developed by critical questioning of the faculty tutor during situational analysis, learning need determination, application of knowledge, critique of resources and personal problem-solving processes, and summarization of what was learned.
Barr, Margaret J.
Issues concerning legal liability for college student unions are examined, and guidelines are presented to reduce the risk of liability claims exposure for both the individual and the institution. General information is provided on: tort liability, civil rights liability, criminal liability, and contractual liability. In determining the potential…
In the establishment of civil liability of physicians for damage caused, it is extremely important to establish all relevant facts for the court to render the appropriate verdict. One of the crucial instruments in the establishment of a presumed civil liability of physicians as well as in the establishment of the criteria for the assessment of a proper award, is the medical expert testimony--utilised as an essential proof. The comprehension of medical and legal professionals' replies to questions which every profession must answer in order to provide an objective access to the claim and a right and full establishment of the factual situation, is the imperative for a correct application of the law in the handling and settling of these claims, especially in the light of the new set up of the concept of non-economic damage. The medical and legal profession shall help placing the problems of civil liability of physicians into real frameworks, preventing any attempts of unnecessary stigmatization of medical profession and cases of unjustified and unfounded indemnification, and it shall objectively and professionally, based on the law, enable a full and absolute protection of patients and third parties and their rights to physical and mental health.
Jones, Nancy L; Peiffer, Ann M; Lambros, Ann; Eldridge, J Charles
We conducted a process evaluation to (a) assess the effectiveness of a new problem-based learning curriculum designed to teach professionalism and scientific integrity to biomedical graduate students and (b) modify the course to enhance its relevance and effectiveness. The content presented realistic cases and issues in the practice of science, to promote skill development and to acculturate students to professional norms of science. We used 5-step Likert-scaled questions, open-ended questions, and interviews of students and facilitators to assess curricular effectiveness. Both facilitators and students perceived course objectives were achieved. For example, respondents preferred active learning over lectures; both faculty and students perceived that the curriculum increased their understanding of norms, role obligations and responsibilities of professional scientists. They also reported an increased ability to identify ethical situations and felt that they had developed skills in moral reasoning and effective group work. These data helped to improve course implementation and instructional material. For example, to correct a negative perception that this was an 'ethics' course, we redesigned case debriefing activities to reinforce learning objectives and important skills. We refined cases to be more engaging and relevant for students, and gave facilitators more specific training and resources for each case. The problem-based learning small group strategy can stimulate an environment whereby participants are more aware of ethical implications of science, and increase their socialisation and open communication about professional behaviour.
Reed, Jack R., Jr.
Legal problems concerned with shoplifting suspects are addressed, including common law, criminal penalties, and the merchant's liability. Tangential questions and answers are presented along with discussion of pertinent court cases. (LBH)
Warnock, James N.; Mohammadi-Aragh, M. Jean
Problem-based learning (PBL) is a pedagogy that has attracted attention for many biomedical engineering curricula. The aim of the current study was to address the research question, 'Does PBL enable students to develop desirable professional engineering skills?' The desirable skills identified were communication, teamwork, problem solving and self-directed learning. Forty-seven students enrolled in a biomedical materials course participated in the case study. Students worked in teams to complete a series of problems throughout the semester. The results showed that students made significant improvements in their problem-solving skills, written communication and self-directed learning. Students also demonstrated an ability to work in teams and communicate orally. In conclusion, this case study provides empirical evidence of the efficacy of PBL on student learning. We discuss findings from our study and provide observations of student performance and perceptions that could be useful for faculty and researchers interested in PBL for biomedical engineering education.
Full Text Available In this paper we describe the design of a managed learning environment called MTutor, which is used to teach an online Masters Module for teachers. In describing the design of MTutor pedagogic issues of problem-based learning, situated cognition and ill-structured problems are discussed. MTutor presents teachers with complex real-life teaching problems, which they are required to solve online through collaboration with other teachers. In order to explore the influence of this online learning experience on the identity and practice of teachers, we present the results from a small-scale study in which six students were interviewed about their online experiences. We conclude that, within the sample, students' engagement with online problem-based learning within their community of practice positively influenced their professional practice styles, but that there is little evidence to suggest that online identity influences real-life practice.
Of the 1603 civil liability cases filed between 2002 and 2012 related to upper-limb surgery, we found 20 proceedings (11 in court and 9 in front of the French CCI [commission for medical accidents]) that involved a total of 24 physicians: three proceedings involved multiple parties for a single patient and implicated two physicians in two cases and three physicians in one case. The grounds for liability being invoked varied greatly, but a good many of these cases concerned outcomes that were deemed unsatisfactory or insufficient in light of the initial injury. Information is always difficult to convey in an emergency setting, but is not generally disputed. However, the information process must be completed during the postoperative period and the patient informed of the injury assessment, expected results, potential complications and the possibility of surgical revision in the medium term. An expert found grounds for physician liability and breach of best practices in only three cases. In summary, this study shows that trauma-related flexor tendon injuries are rarely grounds for indictment of physicians before courts of civil jurisdiction (12 per 1000) and findings of liability for breach of best practices are even more rare (2 per 1000). Copyright © 2014. Published by Elsevier SAS.
This chapter of "Principles of School Business Management" discusses the implications of several court cases for legal issues affecting the role of the school business official. The issues addressed include civil rights, negligence, contracts, criminal liability, tuition and fees, and student records. The chapter opens with a brief overview of…
Werlauff, Erik; Foged-Ladefoged, Lise Kolding
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...
Reza Akhlaghi Garmjani
Full Text Available Teaching science and math has been underdeveloped in nurturing the talents and motivations of young people who are in search of professions in these fields. Identifying and strengthening the students' problem solving beliefs and behaviors, can be a great help to those involved in teaching mathematics. This study investigates on the university and high school students, teachers and professors' problem solving beliefs and behaviors. Considering the research method, this study is a field research in which questionnaire is used. Participants in this research were senior high school and university students, math teachers and math professors. Data collection method for beliefs and behavior variables was via the use of a questionnaire. The Mann-Whitney test results showed that problem solving in high school and university was different and the main difference was in mathematical professional beliefs and behaviors.
Full Text Available Conditions and problems of the formation of рrofessionally significant qualities in the process of professional training of future managers of foreign economic activity are determined in the following article. For this purpose certain patterns in the formation of рrofessionally significant qualities in the process of professional training of future managers of foreign economic activity in such countries as Germany, France, Great Britain, the USA in comparison to the Ukrainian pattern have been analysed and observed. In the course of research work common and different traits in studying system, curriculum, credit division, subject teaching in Ukrainian and foreign system of education have been defined. Peculiarities of professional training of foreign specialists and the set of competences of future managers have been specified. In conclusion, faults and problems of the Ukrainian system, steps to their solutions and changes through the positive charachteristics of professional training and quality of education in foreign universities have been determined.
Predicting and preventing suicide represent very difficult challenges for clinicians. The awareness of adolescent suicide as a major social and medical problem has increased over the past years. However, many health care professionals who have frequent contact with adolescents are not sufficiently trained in suicide evaluation techniques and approaches to adolescents with suicidal behavior. Suicide prevention efforts among adolescents are restricted by the fact that there are five key problems related to the evaluation and management of suicidality in adolescents: 1. Many clinicians underestimate the importance of the problem of adolescent suicidal behavior and underestimate its prevalence. 2. There is a misconception that direct questioning of adolescents about suicidality is sufficient to evaluate suicide risk. 3. Another misconception is that adolescents with non-psychiatric illnesses do not need to be evaluated for suicidality. 4. Many clinicians do not know about or underestimate the role of contagion in adolescent suicidal behavior. 5. There is a mistaken belief that adolescent males are at lower suicide risk than adolescent females. Educating medical professionals and trainees about the warning signs and symptoms of adolescent suicide and providing them with tools to recognize, evaluate, and manage suicidal patients represent a promising approach to adolescent suicide prevention.
Tremblay, Mary; Tryssenaar, Joyce; Jung, Bonny
For over 20 years the occupational therapy programmes offered by McMaster University and Mohawk College, Hamilton, Ontario have used small-group, problem-based learning tutorials as a major component of their curriculum. These programmes were among the first occupational therapy programmes in the world to use a problem-based tutorial format. The inclusion as tutors of both full-time faculty and clinicians, from all clinical practice areas, was central to the design of the problem-based learning courses. A survey of all tutors from the last 20 years collected information about why health professionals are motivated to tutor and what they see as challenges to maintaining this educational role. Three primary themes emerged from the data: being an educator; being a learner and present and future challenges to continuing with the tutoring role. Within the educator theme there was a secondary theme of professional duty or obligation. In addition, the participants identified suggestions for enhanced support and continuing education for tutors. This article summarizes the findings of the survey.
Berry, Roberta M; Levine, Aaron D; Kirkman, Robert; Blake, Laura Palucki; Drake, Matthew
We believe that the professional responsibility of bioscience and biotechnology professionals includes a social responsibility to contribute to the resolution of ethically fraught policy problems generated by their work. It follows that educators have a professional responsibility to prepare future professionals to discharge this responsibility. This essay discusses two pilot projects in ethics pedagogy focused on particularly challenging policy problems, which we call "fractious problems". The projects aimed to advance future professionals' acquisition of "fractious problem navigational" skills, a set of skills designed to enable broad and deep understanding of fractious problems and the design of good policy resolutions for them. A secondary objective was to enhance future professionals' motivation to apply these skills to help their communities resolve these problems. The projects employed "problem based learning" courses to advance these learning objectives. A new assessment instrument, "Skills for Science/Engineering Ethics Test" (SkillSET), was designed and administered to measure the success of the courses in doing so. This essay first discusses the rationale for the pilot projects, and then describes the design of the pilot courses and presents the results of our assessment using SkillSET in the first pilot project and the revised SkillSET 2.0 in the second pilot project. The essay concludes with discussion of observations and results.
Cavanagh, Michael; McMaster, Heather
Problem solving has been identified as an important approach to learning and teaching mathematics, yet many primary pre-service teachers (PSTs) struggle to implement it during their professional experience. In this paper, we report the experiences of a group of four primary PSTs who, in an additional professional experience placement, formed a…
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
Full Text Available The demographics of massive open online course (MOOC analytics show that the great majority of learners are highly qualified professionals, and not, as originally envisaged, the global community of disadvantaged learners who have no access to good higher education. MOOC pedagogy fits well with the combination of instruction and peer community learning found in most professional development. A UNESCO study therefore set out to test the efficacy of an experimental course for teachers who need but do not receive high-quality continuing professional development, as a way of exploiting what MOOCs can do indirectly to serve disadvantaged students. The course was based on case studies around the world of information and communication technology (ICT in primary education and was carried out to contribute to the UNESCO “Education For All” goal. It used a co-learning approach to engage the primary teaching community in exploring ways of using ICT in primary education. Course analytics, forums and participant surveys demonstrated that it worked well. The paper concludes by arguing that this technology has the power to tackle the large-scale educational problem of developing the primary-level teachers needed to meet the goal of universal education.
Pelin Berkmen; Cavallo, Eduardo A.
The paper identifies the contemporaneous relationship between exchange rate policy and liability dollarization using three different definitions of dollarization. The presence of endogeneity makes the empirical identification elusive. We use identification through heteroskedasticity to solve the endogeneity problem in the present context (Rigobon, 2003). While we find that countries with high liability dollarization (external, public, or financial) tend to be more actively involved in exchang...
J.C de Villiers
Full Text Available In South Africa the main focus is on primary health care. This affects the education and training of nurses, and training schools must respond by developing appropriate teaching modules. A school of nursing developed, implemented and revised a problem- and community- based learning module over a period of three years (1996-1998. This student-centered module focuses on students’ needs, active participation, collaboration, accountability, self-assessment, self-study, life-long learning and appropriate skills. In the formal clinical teaching environment PBL was the main approach. However, this approach was also supported by a variety of strategies, for example group discussions and scenarios. The knowledge, attitudes and professional development skills acquired in the PBL approach were then applied informally in the community setting (CBE. The purpose of the study was to evaluate a first year clinical teaching module as part of an extensive programme. A quantitative research method, a descriptive design, and a variety of data collection techniques were used. Conclusions were that clinical teaching was effective within the problem- (PBL and community-based (CBE approaches; 78% of respondents were positive about the clinical learning environment; 61 % stated that expectations were met; 81% preferred group activities, and 67% indicated that they had developed professional skills. Facilitators agreed that clinical teaching met the requirements of PBL & CBE. The pass rate also improved.
A health-care organization simultaneously belongs to two different institutional value patterns: a professional and an administrative value pattern. At the administrative level, medical problem-solving processes are generally perceived as the efficient application of familiar chains of activities to well-defined problems; and a low task uncertainty is therefore assumed at the work-floor level. This assumption is further reinforced through clinical pathways and other administrative guidelines. However, studies have shown that in clinical practice such administrative guidelines are often considered inadequate and difficult to implement mainly because physicians generally perceive task uncertainty to be high and that the guidelines do not cover the scope of encountered deviations. The current administrative level guidelines impose uniform structural features that meet the requirement for low task uncertainty. Within these structural constraints, physicians must organize medical problem-solving processes to meet any task uncertainty that may be encountered. Medical problem-solving processes with low task uncertainty need to be organized independently of processes with high task uncertainty. Each process must be evaluated according to different performance standards and needs to have autonomous administrative guideline models. Although clinical pathways seem appropriate when there is low task uncertainty, other kinds of guidelines are required when the task uncertainty is high.
Full Text Available In the article the methodological analysis of problem of perception in future music teachers’ professional training is presented. The author of the article analyses works of outstanding scientists in philosophy, psychology, and art education. The hierarchical system of musical perception options is revealed. A methodological foundation is supported by consideration of the following modern research in specialty – a theory and methodology of musical study that gives proper appearance and circumstantiality to the presented material. Studying the vocal and choral researches in the field of forming the valued music art perception by future music teachers, an author sets an aim to present the methodological analysis of the problem of perception in future music teachers’ professional training. Realization of the system approach to updating the problem of forming the valued music art perception of future music teachers while being trained to vocal and choral work with senior pupils extends their artistic awareness; contributes to distinguishing art works, phenomena; to seeing their properties; to providing orientation in the informative content of music art works. The special attention is paid to revealing methodological principles of perception of category research in the aspect of the valued understanding images of music art works. As a result of analysing scientific sources on the issue of voice production the author of the article finds out that perception is densely related to transformation of external information, conditioning for forming images, operating category attention, memory, thinking, and emotions. The features of perception of maintaining vocal and choral studies and students’ extrapolation are analysed in the process of future professional activity with senior pupils in the aspects of perception and transformation of musical and intonation information, analysis, object perception, and interpretation in accordance with future
Wegman, Brian; Stannard, James P; Bal, B Sonny
Lawsuits alleging medical negligence by postgraduate physicians in training (residents) arise from treatment received by aggrieved patients at teaching hospitals. A threshold question in determining liability is whether or not the standard of care has been violated. Courts have questioned whether the proper standard governing resident physician conduct should be that of a reasonably competent generalist physician, that of a specialty physician, or whether the standard should be some subjective determination that addresses the resident level of training. We examined legal cases in which the standard of care for a physician in training has been questioned. Additionally, we address how resident conduct can extend liability to supervising physicians and employer hospitals. Westlaw and LexisNexis, two major legal databases used by law professionals, were searched to identify existing case law and law review articles related to the standard of care that applies to physicians in training. Of 57 sources initially identified, 15 legal cases and 10 law review papers addressed the standard of care pertaining to physicians in training. These selected cases and papers form the basis of the present article. The standard by which the professional conduct of a physician in training is measured has varied; most recent legal cases have applied a specialty physician standard. Relevant court rulings have tried to strike a balance between patient interests versus the societal need to train physicians. Physician representation, nature of conduct, and extent of supervision of that conduct are relevant factors used by courts to determine liability. However, the recent standards are those of the physician who directly supervises the professional conduct of a resident in a given situation.
The aim of this study is to present the problem solving skill levels of sportsmen who play football professionally, and to determine whether problem solving skill levels differ according to sportsmen's, sports club, age, marital status, parents' educational status, father's occupation, occupation in the game, year of playing football…
Franke, Allyn J.
School districts, school employees, bus companies contracted by districts, and bus company employees could be involved in court litigation over student injury and student civil rights related to school bus transportation. Civil rights insurance should be added to general liability insurance and motor vehicle liability insurance. Students must be…
Full Text Available Significant problems of the professional ethics principles violation by auditors cause many problems not only in reliability of disclosed audit opinion, but also cause problems of global stakeholders’ mistrust to the audit profession. This generally creates the barriers for ensuring the transparency of mechanisms of disclosure and verification of Ukrainian business data and does not help form appropriate investment climate. The article finds that auditor’s ethical principles should be regulated and organized on all the levels of the audit quality control ensuring. According to the results of this study, the author highlights these four levels (international, national, local, personal and describes the contribution of each level of documents in the organization of the quality control (in part of ethical principles has been. The research proves the system of organizational support for creating ethical principles compliance environment during carrying out audit assignment based on identifying and eliminating threats to auditors’ independence. In this regard, the author proposes the structure and content of organizational and administrative documents, which are the part of the internal audit quality control system.
Chang, Jack Shen-Kuen; Henry, Michael J.; Burtner, Edwin R.; Love, Oriana J.; Corley, Courtney D.
In “white powder incidents” or other suspicious and risky situations relating to deadly diseases or chemicals (e.g., Ebola investigation), those who handle the potentially hazardous materials are the heroes who spearhead the first responder’s operations. Although well trained, these heroes need to manage complex problems and make life-or-death decisions while handling the unknown and dangerous. We are motivated to explore how Google Glass can facilitate those heroes’ missions. To this end, we conducted contextual inquiry on six biohazard-handling, Personal Protective Equipment (PPE)-wearing professionals. With an inductive thematic analysis, we summarized the heroes’ workflow and four groups of “Heroes’ Problems”. A unique “A3 Model” (Awareness, Analysis, Action) was generated to encapsulate our qualitative findings and proposed Glass features. The findings serve as the groundwork for our future development.
Full Text Available Because research findings often do not have direct or immediate relevance to IS professionals in industry, the question arises as to how those findings should be disseminated to them in a suitable form at such time as they do become relevant. A central argument of this paper is that the traditional mechanisms whereby academic researchers disseminate their work are prone to numerous communication breakdowns, and that much work which could potentially make valuable contributions to practice is haplessly lost within the vaults of academia. Using the well-known Shannon & Weaver communication model, three major problems are analyzed: the choice of dissemination channels, language barriers, and the alienation of academia from industry.
Romero-López Ma Carmen
Full Text Available Although competency-based education is well established in health care education, research shows that the competencies do not always match the reality of clinical workplaces, especially in nutrition area. Student of Human Nutrition and Dietetics, have reported shortcomings in their general competencies, such as organizational skills, teamwork, knowledge to develop proposals for intervention. Were given to students a problem-based learning (PBL activity with collaborative learning competence for to investigate their evolutions in collaborative learning and the knowledge in nutrition education. The results suggest that the PBL provided better preparation with respect to several of the competencies. The effect of PBL for the experienced students' collaborative learning and education nutrition competencies is especially promising in the professional development of future nutritionists.
Taure Mendez, J. M.; Rodriguez Escobar, R.
The law 26/2007 of environmental liability determines a series of obligations. These ones are particularly relevant for that economical or professional activities with a bigger pollution potential. It will be applied to sewage works the new environmental liability system on its stricter form, since the activity developed is included inside Attachment III of the law 26/2007. this article studies the key concepts of the law, like environmental damages, operator, economic or professional activities, objective and unlimited liability, the measures of prevention, avoidance and repair, the compulsory constitution of financial guarantees and the determination of its amount. (Author) 8 refs.
Seichepine, Daniel R.; Stamm, Julie M.; Daneshvar, Daniel H.; Riley, David O.; Baugh, Christine M.; Gavett, Brandon E.; Tripodis, Yorghos; Martin, Brett; Chaisson, Christine; McKee, Ann C.; Cantu, Robert C.; Nowinski, Christopher J.
Abstract Repetitive mild traumatic brain injury (mTBI), such as that experienced by contact-sport athletes, has been associated with the development of chronic traumatic encephalopathy (CTE). Executive dysfunction is believed to be among the earliest symptoms of CTE, with these symptoms presenting in the fourth or fifth decade of life. The present study used a well-validated self-report measure to study executive functioning in football players, compared to healthy adults. Sixty-four college and professional football players were administered the Behavior Rating Inventory of Executive Function, adult version (BRIEF-A) to evaluate nine areas of executive functioning. Scores on the BRIEF-A were compared to published age-corrected normative scores for healthy adults Relative to healthy adults, the football players indicated significantly more problems overall and on seven of the nine clinical scales, including Inhibit, Shift, Emotional Control, Initiate, Working Memory, Plan/Organize, and Task Monitor. These symptoms were greater in athletes 40 and older, relative to younger players. In sum, football players reported more-frequent problems with executive functioning and these symptoms may develop or worsen in the fifth decade of life. The findings are in accord with a growing body of evidence that participation in football is associated with the development of cognitive changes and dementia as observed in CTE. PMID:23421745
Full Text Available The increasing significance of science and the new ties with foreign countries affect the education and training of specialists. Continuous updating of specialty knowledge and the possibility to read the most recent scientific literature in a foreign language and to participate in joint conferences together with foreign partners require the education and training of specialists who would be capable of cooperating in scientific and professional activity while fluently communicating in a foreign language. The aim of the study was to reveal the peculiari- ties of the expression of problem-based learning (PBL elements in foreign language studies at Lithuanian University of Health Sciences (LUHS. The results of the pedagogical experiment conducted at LUHS when teaching the foreign language module showed that the application of PBL elements stimulated the formation of students’ deep approach to studies and skills of independent work. The use of group learning aim forma - tion, concept maps, problem solving, discussion, group work, and brainstorming techniques had a significant effect on the students, and allowed for their empowerment for successful studies.
Seichepine, Daniel R; Stamm, Julie M; Daneshvar, Daniel H; Riley, David O; Baugh, Christine M; Gavett, Brandon E; Tripodis, Yorghos; Martin, Brett; Chaisson, Christine; McKee, Ann C; Cantu, Robert C; Nowinski, Christopher J; Stern, Robert A
Repetitive mild traumatic brain injury (mTBI), such as that experienced by contact-sport athletes, has been associated with the development of chronic traumatic encephalopathy (CTE). Executive dysfunction is believed to be among the earliest symptoms of CTE, with these symptoms presenting in the fourth or fifth decade of life. The present study used a well-validated self-report measure to study executive functioning in football players, compared to healthy adults. Sixty-four college and professional football players were administered the Behavior Rating Inventory of Executive Function, adult version (BRIEF-A) to evaluate nine areas of executive functioning. Scores on the BRIEF-A were compared to published age-corrected normative scores for healthy adults Relative to healthy adults, the football players indicated significantly more problems overall and on seven of the nine clinical scales, including Inhibit, Shift, Emotional Control, Initiate, Working Memory, Plan/Organize, and Task Monitor. These symptoms were greater in athletes 40 and older, relative to younger players. In sum, football players reported more-frequent problems with executive functioning and these symptoms may develop or worsen in the fifth decade of life. The findings are in accord with a growing body of evidence that participation in football is associated with the development of cognitive changes and dementia as observed in CTE.
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
... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Civil liability. 229.21 Section 229.21 Banks... Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to comply with any..., except that— (i) In the case of an individual action, liability under this paragraph shall not be less...
M. V. Erchova
Full Text Available The results of research of the "risks" in the professional conduct of aviation professionals, leading to professional burnout syndrome. Comparative analysis of the propensity for "burnout" among different categories of aviation personnel,is given, the category with a clear tendency to "burnout" is istentified and directions for prevention of this syndrome are suggested.
Galán Gutiérrez, J C; Galán Cortés, J C
An analysis is made of the controversial application of the theory of disproportionate damage in the anaesthetic act, due to the high inherent risk, and regardless of the seriousness and importance of the surgery being performed. The existence of a disproportionate damage, that is, damage not foreseen nor accountable within the framework of the professional performance of the anaesthetist, does not by itself determine the existence of liability on the part of the anaesthetist, but the demand from the professionals themselves for a coherent explanation of the serious disagreement between the initial risk implied by their actions and the final consequence produced. Copyright © 2012 Sociedad Española de Anestesiología, Reanimación y Terapéutica del Dolor. Published by Elsevier España. All rights reserved.
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.
Sirotiak, Todd L.
The purpose of this study was to investigate if a Problem/Project-Based Learning (PBL) approach can affect certain non-technical, "soft" skills of construction engineers. Such skills include leadership, adaptability, and stress management. In mixed design research, quantitative and qualitative data are assembled and analyzed collectively. For this study, two separate assessment tools were used for the quantitative portion, while open-ended written reflections and a partially closed-ended senior questionnaire were implemented for the qualitative portion. A hypothetical model was used to investigate certain soft skills based on prior research documenting need. Skills investigated were confidence, stress coping, leadership, communication skills, adaptability, and management skills. Descriptive statistics, open-ended final written reflections, and a partially closed-ended senior questionnaire were used to analyze the data. PBL is a process in which the students are challenged to develop realistic solutions on open, less structured, real world type problems. The results of this study performed with the combined count of nearly 60 students suggest that PBL can influence several soft skills of senior construction engineers. Specifically, these findings demonstrate the following: (a) PBL appears to affect students' soft skills; (b) students appear to recognize the realism and "real world" applicability that PBL brings to their skill development; and (c) the data suggest that the experience is holistic and offers opportunities for balanced growth in several ways. Some key competencies such as communication and leadership indicated significant enhancements. Although this study was limited to one academic year of the university's construction engineering program, it provides interesting insight to changes within the time period investigated. This study should be replicated in other construction engineering environments to investigate a larger population sample. In addition
Jones, Nancy L; Peiffer, Ann M; Lambros, Ann; Guthold, Martin; Johnson, A Daniel; Tytell, Michael; Ronca, April E; Eldridge, J Charles
A multidisciplinary faculty committee designed a curriculum to shape biomedical graduate students into researchers with a high commitment to professionalism and social responsibility and to provide students with tools to navigate complex, rapidly evolving academic and societal environments with a strong ethical commitment. The curriculum used problem-based learning (PBL), because it is active and learner-centred and focuses on skill and process development. Two courses were developed: Scientific Professionalism: Scientific Integrity addressed discipline-specific and broad professional norms and obligations for the ethical practice of science and responsible conduct of research (RCR). Scientific Professionalism: Bioethics and Social Responsibility focused on current ethical and bioethical issues within the scientific profession, and implications of research for society. Each small-group session examined case scenarios that included: (1) learning objectives for professional norms and obligations; (2) key ethical issues and philosophies within each topic area; (3) one or more of the RCR instructional areas; and (4) at least one type of moral reflection. Cases emphasised professional standards, obligations and underlying philosophies for the ethical practice of science, competing interests of stakeholders and oversight of science (internal and external). To our knowledge, this is the first use of a longitudinal, multi-semester PBL course to teach scientific integrity and professionalism. Both faculty and students endorsed the active learning approach for these topics, in contrast to a compliance-based approach that emphasises learning rules and regulations.
.... According to the studies focused on the perspective of an employer, professional experience constitutes one of the crucial factors which precondition quick labour inclusion of university graduates...
Jones, Nancy L.; Peiffer, Ann M.; Lambros, Ann; Guthold, Martin; Johnson, A. Daniel; Tytell, Michael; Ronca, April E.; Eldridge, J. Charles
A curriculum was designed to shape biomedical graduate students into researchers with a high commitment to professionalism and social responsibility, and to provide students with tools to navigate the complex, rapidly evolving academic and societal environments with a strong ethical commitment. Problem-Based Learning (PBL) pedagogy was chosen because it is active, learner-centered, and focuses on skill and process development. Additionally, the small group format provides a high degree of socialization around professional norms. Two courses were developed. Scientific Professionalism Scientific Integrity addressed discipline-specific and broad professional norms and obligations for the ethical practice of science and responsible conduct of research (RCR). Scientific Professionalism Bioethics and Social Responsibility focused on current ethical and bioethical issues within the scientific profession and implications of research for society. Each small-group session examined case scenarios that included: (1) learning objectives for professional norms and obligations; (2) key ethical issues and philosophies within each topic area; (3) one or more of the RCR instructional areas; and (4) at least one type of moral reflection. Cases went beyond covering overt research misconduct to emphasize professional standards, obligations, and underlying philosophies for the ethical practice of science, competing interests of stakeholders, and oversight of science (internal and external). To our knowledge this was the first use of PBL to teach scientific integrity and ethics. Both faculty and students at Wake Forest endorsed the orientation of professionalism, active learning, and acquiring skills in contrast to a compliance-based approach that emphasizes learning rules and regulations. PMID:20797979
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.
Lehto, Neil J.
The article examines the Landeros decision (which ruled that a doctor who fails to report a child abuse victim can be held liable for subsequent injuries inflicted on the child) and discusses three theories of proving civil liability for the failure to report child abuse victims. Addressed are the following topics: the problem of child abuse and…
The truism that crimes of mass atrocity are by definition collective may be one of the greater banes of criminal law lawyers attempting to solve the problem of liability. Collective crimes are familiar to all domestic criminal law systems, however the context in which mass atrocity takes place is
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.
... 29 Labor 1 2010-07-01 2010-07-01 true Liability insurance. 18.411 Section 18.411 Labor Office of... OF ADMINISTRATIVE LAW JUDGES Rules of Evidence Relevancy and Its Limits § 18.411 Liability insurance... evidence of insurance against liability when offered for another purpose, such as proof of agency...
... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Liability insurance. 401.23....23 Liability insurance. (a) It is a condition of approval of an application for preclearance that the vessel is covered by liability insurance equal to or exceeding $100 per gross registered ton. (b) No...
Maciel, Ethel Leonor Noia; Prado, Thiago Nascimento do; Fávero, Juliana Lopes; Moreira, Tiago Ricardo; Dietze, Reynaldo
The objective of this review was to contribute to the debate on the nosocomial transmission of TB among health professionals in a country where TB is endemic. Prior to 1900, there was no reason to believe that health professionals interacting with TB patients were more susceptible to becoming infected with the bacillus than was the general population. Between 1920 and 1930, various studies showed significant findings regarding the rates of positive tuberculin skin tests among students in the area of health care. However, most clinicians remained skeptical about the susceptibility of health professionals to becoming infected with TB. In the various locales where the treatment of patients with TB has been implemented, health professionals have been described as an especially predisposed population to becoming infected with and developing active TB. It is urgent that the scientific community and health professionals become mobilized, recognizing themselves as a population at risk of developing TB, and that actions be taken in order to minimize the potential risks of acquiring the disease at locales where patients with TB are treated.
Monaco, E R; Bruziches-Bruziches, D
This article, through an historical report of the legislation concerning nursing education, shows "schizophrenia rôle" that brings to a confusion. The professional authonomy, by turns denied or asserted, has always been for us the "litmus paper" indicating a series of difficulties interfering with the professional development. We believe that only in a "global education" (D.V.--Nursing Degree) we can find the natural solution of the difficulties met in Italy by a nursing profession that is young from an historial point of view, but is aware of its education needs.
Rieder, Robert W.; Woodruff, William B., Jr.
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)
Wopereis, Iwan; Derix, Egbert
This study explored the information seeking behavior of a professional jazz musician during creative work. It aimed at revealing information seeking activities necessary to execute present-day musical projects. A single case was studied in depth. First, a narrative interview was conducted to reveal
Katz, Steven B.
Examines Hitler's use of propaganda to construct praxis and define phronesis in Nazi Germany in terms of the rational but open-ended nature of Aristotle's political-ethical thought. Examines the failure of professional discourse surrounding the siting of a low-level nuclear waste facility to create a persuasive reality and yet ideologically…
Discusses potential ethical conflicts social workers face in a strike: whether priority should be given to patient welfare or to the individual's civil rights to participate in union activities. Notes standards of professional behavior conflict with union requirements. Concludes the social work profession should examine labor unions in the 1980s…
Werner, Anne; Malterud, Kirsti
Children of parents with alcohol problems are at risk for serious long-term health consequences. Knowledge is limited about how to recognize those in need of support and how to offer respectful services. From nine interviews with adult children from families with alcohol problems, we explored childhood experiences, emphasizing issues concerning potentially unmet needs for professional support. Smart's perspective on family secrets and Goffman's dramaturgical metaphor on social order of the family focusing on the social drama and the dramaturgy enacted by the children supported our cross-case thematic analysis. The social interaction in the family was disrupted during childhood because of the parent's drinking problems. An everyday drama characterized by tension and threats, blame and manipulation was the backstage of their everyday life. Dealing with the drama, the children experienced limited parental support. Some children felt betrayed by the other parent who might trivialize the problems and excuse the drinking parent. Family activities and routines were disturbed, and uncertainty and insecurity was created. The children struggled to restore social order within the family and to act as normally as possible outside the family. It was a dilemma for the children to disclose the difficulties of the family. Altogether, the children worked hard to perform a normally functioning family, managing a situation characterized by unmet needs for professional support. Adequate support requires recognition of the children's efforts to perform a normally functioning family.
Ali Jasim M.M.
Full Text Available The article deals with the analysis of the problem of the formation of professional skills of future specialists of fine arts in the process of artistic and practical training. The author emphasizes that the efficiency of the formation of professional skills of future specialists of fine arts in the process of their artistic and practical training can be achieved on the basis of the realization of the following pedagogical conditions: 1 individualization of the academic process by means of the implementation of a professionally oriented program of educational activity which has different forms of self-organization and self-determination of a personality and takes into account students’ interests, inclinations and natural abilities; 2 use of professionally oriented tasks (testing, training and creative and modern multimedia technologies of education in the process of students’ artistic and practical training; 3 organization of system of continuous practice of future specialists of fine arts which includes museum and pedagogical practices and the practice in the open air.
Terranova, Claudio; Rocca, Gabriele
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.
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.
Full Text Available Environmental protection is one of the main stream in business development.The purpose of this research is to identify how company should account their environmental liability. The article consists of National Accounting Standards or International Accounting Standard Company analyses as both can be used in Ukraine. This article describes options for environmental liability accounting. On the one hand, company can identify environmental liability, and book it on below-line balance account. It is called contingent liability in that case. On the other hand, such liability can be considered as object for provisions. The second option means that company not only identify its environmental liability, but also will step to step create essential amount for environmental management. Also such allocation can be included into expenses. In that way company divide potential losses between periods and secure company from the big one in some recognized period. Sometimes such outstanding liabilities can lead to bankruptcy because of huge amounts.
Background Little is known about differences in professional care seeking based on marital status. The few existing studies show more professional care seeking among the divorced or separated compared to the married or cohabiting. The aim of this study is to determine whether, in a sample of the European general population, the divorced or separated seek more professional mental health care than the married or cohabiting, regardless of self-reported mental health problems. Furthermore, we examine whether two country-level features--the supply of mental health professionals and the country-level divorce rates--contribute to marital status differences in professional care-seeking behavior. Methods We use data from the Eurobarometer 248 on mental well-being that was collected via telephone interviews. The unweighted sample includes 27,146 respondents (11,728 men and 15,418 women). Poisson hierarchical regression models were estimated to examine whether the divorced or separated have higher professional health care use for emotional or psychological problems, after controlling for mental and somatic health, sociodemographic characteristics, support from family and friends, and degree of urbanization. We also considered country-level divorce rates and indicators of the supply of mental health professionals, and applied design and population weights. Results We find that professional care seeking is strongly need based. Moreover, the divorced or separated consult health professionals for mental health problems more often than people who are married or who cohabit do. In addition, we find that the gap between the divorced or separated and the married or cohabiting is highest in countries with low divorce rates. Conclusions The higher rates of professional care seeking for mental health problems among the divorced or separated only partially correlates with their more severe mental health problems. In countries where marital dissolution is more common, the marital status
Bracke, Piet F; Colman, Elien; Symoens, Sara A A; Van Praag, Lore
Little is known about differences in professional care seeking based on marital status. The few existing studies show more professional care seeking among the divorced or separated compared to the married or cohabiting. The aim of this study is to determine whether, in a sample of the European general population, the divorced or separated seek more professional mental health care than the married or cohabiting, regardless of self-reported mental health problems. Furthermore, we examine whether two country-level features--the supply of mental health professionals and the country-level divorce rates--contribute to marital status differences in professional care-seeking behavior. We use data from the Eurobarometer 248 on mental well-being that was collected via telephone interviews. The unweighted sample includes 27,146 respondents (11,728 men and 15,418 women). Poisson hierarchical regression models were estimated to examine whether the divorced or separated have higher professional health care use for emotional or psychological problems, after controlling for mental and somatic health, sociodemographic characteristics, support from family and friends, and degree of urbanization. We also considered country-level divorce rates and indicators of the supply of mental health professionals, and applied design and population weights. We find that professional care seeking is strongly need based. Moreover, the divorced or separated consult health professionals for mental health problems more often than people who are married or who cohabit do. In addition, we find that the gap between the divorced or separated and the married or cohabiting is highest in countries with low divorce rates. The higher rates of professional care seeking for mental health problems among the divorced or separated only partially correlates with their more severe mental health problems. In countries where marital dissolution is more common, the marital status gap in professional care seeking is
Symoens Sara AA
Full Text Available Abstract Background Little is known about differences in professional care seeking based on marital status. The few existing studies show more professional care seeking among the divorced or separated compared to the married or cohabiting. The aim of this study is to determine whether, in a sample of the European general population, the divorced or separated seek more professional mental health care than the married or cohabiting, regardless of self-reported mental health problems. Furthermore, we examine whether two country-level features--the supply of mental health professionals and the country-level divorce rates--contribute to marital status differences in professional care-seeking behavior. Methods We use data from the Eurobarometer 248 on mental well-being that was collected via telephone interviews. The unweighted sample includes 27,146 respondents (11,728 men and 15,418 women. Poisson hierarchical regression models were estimated to examine whether the divorced or separated have higher professional health care use for emotional or psychological problems, after controlling for mental and somatic health, sociodemographic characteristics, support from family and friends, and degree of urbanization. We also considered country-level divorce rates and indicators of the supply of mental health professionals, and applied design and population weights. Results We find that professional care seeking is strongly need based. Moreover, the divorced or separated consult health professionals for mental health problems more often than people who are married or who cohabit do. In addition, we find that the gap between the divorced or separated and the married or cohabiting is highest in countries with low divorce rates. Conclusions The higher rates of professional care seeking for mental health problems among the divorced or separated only partially correlates with their more severe mental health problems. In countries where marital dissolution is more
Włoszczak-Szubzda, Anna; Jarosz, Mirosław J
A dissonance between high 'technical' professionalism of nurses and a relatively low level of patient satisfaction with received care is a phenomenon observed in many countries. Theoretical concept and review of current published studies. Most reviewed studies show that a low level of patient satisfaction occurs in the case of an inadequate interpersonal communication between nurses and patients. Most studies indicate poor effectiveness of shaping communication competences of nurses based on standard education in the area of general psychology and communication knowledge, because this knowledge does not convert itself 'spontaneously' into communication competences during occupational activity. It is necessary to supplement educational programmes for nurses with practical courses in professional interpersonal communication. International experience exchange concerning the shaping of nurses' communication competences may be limited due to cultural, organizational and systems factors.
Carey, Mary G; Al-Zaiti, Salah S; Dean, Grace E; Sessanna, Loralee; Finnell, Deborah S
Little attention has been given to factors contributing to firefighters' psychosomatic well-being. Objective The purpose of this descriptive study was to examine such contributing factors in a sample of professional firefighters. Methods Measures assessing sleep, depression, substance use, social bonding, and quality of life were examined in 112 firefighters. Results Overall, many firefighters reported sleep deprivation (59%), binge drinking behavior (58%), poor mental well-being (21%), current nicotine use (20%), hazardous drinking behavior (14%), depression (11%), poor physical well-being (8%), caffeine overuse (5%), or poor social bonding (4%). Conclusions Small-to-medium correlations were identified between sleep deprivation, depression, physical/mental well-being, and drinking behaviors. High-risk behaviors that impact psychosomatic well-being are prevalent in professional firefighters, which require environmental and individual-based health promotion interventions. The inter-correlation relationships between such behaviors, therefore, need to be explored in further details. PMID:21785370
Full Text Available Despite the constant, if not escalating, need for professional development within the library workforce, the discourse of professional development lacks critical and evidence-based considerations. This paper discusses major factors that complicate the notion of professional development including the commodification of education, the rise of contingent labour, and a heightened emphasis on individualism.These difficulties point to a desperate need for a broader discussion and research focus on professional development so that library workers and library leaders can make informed and strategic decisions about the skills and knowledge required for the 21st century. Malgré le besoin constant, et même croissant, de développement professionnel au sein du personnel de la bibliothèque, le discours portant sur le développement professionnel connait un manque de considérations critiques et fondées sur des preuves. Cet article traite des facteurs importants qui compliquent la notion de développement professionnel y compris la marchandisation de l’éducation, la montée du travail contingent et l’importance accrue accordée à l’individualisme. Ces difficultés indiquent l’existence d’un grand besoin pour des discussions et de la recherche ayant une plus grande portée sur le développement professionnel afin que les employés et les dirigeants des bibliothèques puissent prendre des décisions éclairées et stratégiques concernant les habiletés et les connaissances requises au 21e siècle.
Wheeler, Steve; Kelly, Peter; Gale, Ken
In this paper we describe the design of a managed learning environment called MTutor, which is used to teach an online Masters Module for teachers. In describing the design of MTutor pedagogic issues of problem-based learning, situated cognition and ill-structured problems are discussed. MTutor presents teachers with complex real-life teaching…
Lloyd, Beverley; Hawe, Penelope
Our interest is in how particular solutions in postnatal depression have a tendency to be adopted at the expense of alternative solutions. One aspect of the answer may lie in how people in positions of authority think about problems. 'Framing' refers to the way particular causalities, consequences and moralities are contained within the ways in which people communicate concepts, in particular in language and in metaphor. Naming the way problems are framed and identifying alternative frames, (i.e., 'reframing') may provide an opportunity to set problems more effectively and to identify solutions that will solve the problem more effectively. A framing analysis was conducted, drawing on interviews with senior researchers, policy makers and practitioners in the field of postnatal depression. Seven principal ways in which the problem of postnatal depression was framed were illuminated. These fitted into three broad approaches to the problem: individual therapeutic approaches, social competence approaches and societal approaches. Participants in our study were comfortable and articulate in describing the problem of postnatal depression-whether they were focused on the individual or societal levels of analysis. However, they were less well versed and comfortable in discussing what they felt might be important social or societal-level solutions, lacking in both language and schema to do so. The history and hierarchy that is carried by people from the helping professions may be hindering new avenues to help mothers with new babies.
Andrés Mendive Dubourdieu
Full Text Available In this paper we analyze if the person who cause a damage is a member of a group of economics operators affects or not the possible liability. According endeavor to expose in the tort case of the parent company for the group may respond by its causal effect, pursuant to Article 1319 of the Civil Code or under the application of the concept of dependence contained in Article 1324 of the same code. In contrast, in the case of contractual damages is not admissible to apply the concept of dependency of the Article 1324, being the sole basis of any liability of the parent company, its causal involvement in the breach, under the application of the Institute of non contractual credit protection. Accordingly, in this case the responsibility of the parent is of a contractual nature.
Alakortes, Jaana; Kovaniemi, Susanna; Carter, Alice S; Bloigu, Risto; Moilanen, Irma K; Ebeling, Hanna E
Growing evidence supports the existence of clinically significant social-emotional/behavioral (SEB) problems among as young as 1-year-old infants. However, a substantial proportion of early SEB problems remain unidentified during contacts with child healthcare professionals. In this study, child healthcare nurse (CHCN; N = 1008) and parental (N = 518) reports about SEB worries were gathered, along with the maternal and paternal Brief Infant-Toddler Social and Emotional Assessment (BITSEA) ratings, for 12-month-old infants randomly recruited through Finnish child health centers. Only 1.4-1.8 % of CHCNs, 3.9 % of mothers, and 3.2 % of fathers reported of being worried about the assessed child's SEB development. When the CHCNs' and parental reports were combined, 7.7 % (33/428) of the infants assessed each by all three adults had one (7.0 %), two (0.7 %) or three (0 %) worry reports. Even the combination of the CHCN's and parental worry reports identified only 7.0-13.8 % of the infants with the maternal and/or paternal BITSEA Problem or Competence rating in the of-concern range. Identified associations across the three informants' worry reports, parental BITSEA ratings and sociodemographic factors are discussed in the paper. Routine and frequent use of developmentally appropriate screening measures, such as the BITSEA, might enhance identification and intervening of early SEB problems in preventive child healthcare by guiding both professionals and parents to pay more attention to substantial aspects of young children's SEB development and encouraging them to discuss possible problems and worries.
Cooter, Robert; Porat, Ariel
The harm that each individual causes others is unverifiable in some circumstances where the total harm caused by everyone is verifiable. For example, the environmental agency can often measure the total harm caused by pollution much easier than it can measure the harm caused by each individual polluter. In these circumstances, implementing the usual liability rules or externality taxes is impossible. We propose a novel solution: Hold each participant in the activity responsible for all of the...
Gârbo Viorica Irina
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
Angelopoulos, C.; Smet, S.
In recent years, Europe’s highest courts have searched for the answer to the problem of intermediary liability in the notion of a ‘fair balance’ between competing fundamental rights. At the same time, the ‘notice-and-takedown’ system, which first emerged as a solution to intermediary liability in
Full Text Available The main problems of accounting organization of liabilities for taxes and duties under current complicated economic and environmental conditions were investigated. Measures for improving tax calculation reflecting, environmental tax and other environmental liabilities in accounting, tax and financial reporting in order to simplify the accounting process, improve organization of business activities, ensure implementation of environmental policy balance were developed.
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.
Gras, Laura M.; Swart, Marte; Slooff, Cees J.; van Weeghel, Jaap; Knegtering, Henderikus; Castelein, Stynke
This study compares stigmatizing attitudes of different healthcare professionals towards psychiatry and patients with mental health problems. The Mental Illness Clinicians Attitude (MICA) questionnaire is used to assess stigmatizing attitudes in three groups: general practitioners (GPs, n = 55),
Gras, L.M.; Swart, M.; Slooff, C.; van Weeghel, J.; Knegtering, H.; Castelein, S.
Purpose This study compares stigmatizing attitudes of different healthcare professionals towards psychiatry and patients with mental health problems. Methods The Mental Illness Clinicians Attitude (MICA) questionnaire is used to assess stigmatizing attitudes in three groups: general practitioners
Legal liability for risk-generating technological activities is evaluated in view of requirements that are necessary for peaceful human coexistence and progress in order to show possibilities for improvement. The requirements imply, given that political decision making about the activities proceeds on the basis of majority rule, that legal liability should be unconditional (absolute, strict) and unlimited (full). We analyze actual liability in international law for various risk-generating technological activities, to conclude that nowhere is the standard of unconditional and unlimited liability fully met. Apart from that there are enormous differences. Although significant international liability legislation is in place for some risk-generating technological activities, legislation is virtually absent for others. We discuss fundamental possibilities and limitations of liability and private insurance to secure credible and ethically sound risk assessment and risk management practices. The limitations stem from problems of establishing a causal link between an activity and a harm; compensating irreparable harm; financial warranty; moral hazard in insurance and in organizations; and discounting future damage to present value. As our requirements call for prior agreement among all who are subjected to the risks of an activity about the settlement of these difficult problems, precautionary ex ante regulation of risk-generating activities may be a more attractive option, either combined with liability stipulations or not. However, if ex ante regulation is not based on the consent of all subjected to the risks, it remains that the basis of liability in the law should be unconditional and unlimited liability. © 2010 Society for Risk Analysis.
Røn Larsen, Maja
children’s difficulties in different ways according to their specific responsibility, professional interests and structural conditions of action. These are of importance to the way categories of “special needs” are being formed/defined. But when the professional’s different perspectives and their conflicts...... are being covered up by the unifying administrative processes, it seems to undermine an understanding of the way these conflicts are of importance to the child’s concrete conditions of life. So saying, a more precise comprehension of children’s actual difficulties involves the analysis of, how the process......This presentation rests on the empirical study in my PhD. project anchored in a Danish municipal institution for children labelled as having “special needs”. In the presentation I address the process of defining and supporting children’s “special needs” - a process of conflictual cooperation...
Waddington, I; Roderick, M
To examine the ways in which confidential matters are dealt with in the context of the relationship between the club doctor (or physiotherapist) and the player as patient in English professional football clubs. Semistructured tape recorded interviews with 12 club doctors, 10 club physiotherapists, and 27 current and former players. A questionnaire was also sent to 90 club doctors; 58 were returned. There is among club doctors and physiotherapists no commonly held code of ethics governing how much and what kind of information about players may properly be passed on to managers; associated with this, there is considerable variation from one club to another in terms of the amount and kind of information passed on to managers. In some clubs, medical staff attempt to operate more or less on the basis of the rules governing confidentiality that apply in general practice, but in other clubs, medical staff are more ready to pass on personal information about players. In some situations, this raises serious ethical questions. Guidelines dealing with confidentiality in practitioner-patient relationships in medical practice have long been available and have recently been restated, specifically in relation to the practice of sports medicine, by the British Olympic Association, the British Medical Association, and the Football Association. This is a welcome first step. However, if the guidelines are to have an impact on practice, detailed consideration needs to be given to ensuring their effective implementation; if this is to be achieved, consideration also needs to be given to identifying those aspects of the culture and organisation of professional football clubs that may hinder the full and effective implementation of those guidelines.
Saye, John W.; Kohlmeier, Jada; Brush, Thomas; Mitchell, Linda; Farmer, Charles
This case study examined how mentoring experiences might encourage teachers to consider and adopt a problem-based historical inquiry (PBHI) framework for teaching. We mentored six teachers over 15 months as they planned and implemented PBHI teaching, reflected on their experiences, and then engaged in peer mentoring of other teachers. Data…
Jaspers, M.; de Winter, A.F.; de Meer, G.; Stewart, R.E.; Verhulst, F.C.; Ormel, J.; Reijneveld, S.A.
Objective To develop and validate a prediction model for psychosocial problems in preadolescence using data on early developmental factors from routine Preventive Child Healthcare (PCH). Study design The data come from the 1692 participants who take part in the TRacking Adolescents' Individual Lives
Amankwah-Amoah, J.; Debrah, Y.A.
In this paper, we advance a novel concept of liability of origin to explicate the mechanisms through which location can be become either a liability or an advantage. Our analysis sheds light on how firms’ ability to compete and gain legitimacy can be derailed or enhanced by their geographical location. We illustrate our theoretical analysis using multiple cases in the airline industry in Africa. Four distinct phases that explicate how liability of origin manifests in firms’ legitimacy quest a...
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...... 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....
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...
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.
Asselin, Marilyn E; Schwartz-Barcott, Donna
This study explored problems encountered by nurses using critical reflective inquiry to examine clinical situations and the impact of group discussion on the reflective process. Secondary qualitative analysis of 19 reflective situations, rom a reflection continuing education program, revealed that nurses had problematic pauses in reflection and were stuck in cyclical self-questioning. Peer group discussion prompted deeper reflection. Experienced nurses may need assistance to enhance the comprehensiveness, depth, and scope of reflection on practice situations.
De Eyto, Adam; Ryan, Annmarie; McMahon, Muireann; Hassett, Grainne; Flynn, Morgan
non-peer-reviewed It is clear that significant differences in approach and enquiry are apparent between the established disciplines of Design, Engineering, Business and Health Sciences. The attempt to tackle Wicked Problems (Rittel and Webber 1973) has become a challenge for universities and policy makers throughout the world yet we are only beginning to appreciate the impact that transdisciplinary collaboration can have. This paper outlines a case study in transdisci...
Fibromyalgia is a painful chronic disease, suffered mainly by women, that consolidates a number of symptoms and skeletal muscle issues which are little understood. To explore the social construction of FM from the perspective of health policies, patients, and health professionals involved in their medical attention. I) Policy review of national and regional health plans in a national and international context, the clinical protocols for fibromyalgia in Spain, and the Parliamentary initials in the European and Spanish context; and ii) Qualitative study involving 28 personal interviews with 16 fibromyalgia patients and 12 interviews with health care professionals in Spain. The findings show that in Spain, the fact that fibromyalgia lacks recognition still remains: in policies, in the clinical and professional fields, and in the patients' social circle. International health policy has not yet taken steps to reflect the emergence of this recently diagnosed disease. The care for patients suffering from fibromyalgia, who are mainly women, leads to frustration among the healthcare professionals and desperation among the patients themselves, as a resolutive treatment for the disease is not existing. Patients show resistance at assuming the sick role. They want to carry on undertaking their daily activities, both in the public sphere and in the private one. Roles involving the gendered division of labour were found to follow a rigid pattern, both prior to and subsequent to the disease, as the causes that led to frustration for men or women differ according to activities that are socially assigned to them. In practice, FM is conceived exclusively as a women's health problem, which may result in a gender-biased patient healthcare attention. Political, professional and individual spheres have an influence on how this disease is constructed on a social level: as one of the "invisible women's diseases". It is recommended to resolve the disease's lack of recognition by i
Full Text Available Alien hand syndrome (AHS is a neurological illness characterized by limb movements which are carried out without being aware of it. Many patients describe these movements as aggressive and some perceive a strong feeling of estrangement and go so far as to deny ownership. The sense of body ownership is the perception that parts of one’s body pertain to oneself, despite it is moving or not and if movement is intentional or unintentional. These anomalous self-experiences may arise in patients with focal brain lesions and provide unique opportunities to disclose the neural components underlying self-body perception. The feeling of foreignness described in AHS is often observed in post-central cortical lesions in the non-dominant hemisphere and is typical of the “posterior alien hand variant”. We used Diffusion-Tensor magnetic resonance imaging (DT-MRI in an unusual case of posterior AHS of the dominant hand in a professional pianist with corticobasal syndrome (CBS. The patient showed uncontrolled levitation with the right arm while playing the piano and perceived as if her hand had a “mind of its own” which prevented her from playing. MRI-scans show asymmetric brain atrophy, mainly involving left post-central regions and SPECT-Tc99m-ECD patterns of hypometabolism over the left parietal-occipital cortices. DT-MRI revealed extensive damage which comprised left fronto-temporal cortex and extends into the ipsilateral parietal cortex causing a disruption of corpus callosum (CC projections from the rostrum to the splenium. Our case illustrates that posterior AHS may occur in the dominant hemisphere due to widespread damage, which exceed parietal cortex. The parietal lobe has been recognized as a multimodal association region that gets input from several networks and organizes motor output. We suggest that the disturbance to this pathway could result in disruption of motor output and associate an abnormal motor control and anomalous self
Alfaro, Arantxa; Bernabeu, Ángela; Badesa, Francisco J; García, Nicolas; Fernández, Eduardo
Alien hand syndrome (AHS) is a neurological illness characterized by limb movements which are carried out without being aware of it. Many patients describe these movements as aggressive and some perceive a strong feeling of estrangement and go so far as to deny ownership. The sense of body ownership is the perception that parts of one's body pertain to oneself, despite it is moving or not and if movement is intentional or unintentional. These anomalous self-experiences may arise in patients with focal brain lesions and provide unique opportunities to disclose the neural components underlying self-body perception. The feeling of foreignness described in AHS is often observed in post-central cortical lesions in the non-dominant hemisphere and is typical of the "posterior alien hand variant". We used Diffusion-Tensor magnetic resonance imaging (DT-MRI) in an unusual case of posterior AHS of the dominant hand in a professional pianist with corticobasal syndrome (CBS). The patient showed uncontrolled levitation with the right arm while playing the piano and perceived as if her hand had a "mind of its own" which prevented her from playing. MRI-scans show asymmetric brain atrophy, mainly involving left post-central regions and SPECT-Tc99m-ECD patterns of hypometabolism over the left parietal-occipital cortices. DT-MRI revealed extensive damage which comprised left fronto-temporal cortex and extends into the ipsilateral parietal cortex causing a disruption of corpus callosum (CC) projections from the rostrum to the splenium. Our case illustrates that posterior AHS may occur in the dominant hemisphere due to widespread damage, which exceed parietal cortex. The parietal lobe has been recognized as a multimodal association region that gets input from several networks and organizes motor output. We suggest that the disturbance to this pathway could result in disruption of motor output and associate an abnormal motor control and anomalous self-body perception.
A A Shakmakov
Full Text Available Currently, in pedagogical science and practice the problems. This fact doesn't meet the requests of society in modern social and cultural conditions. This article is about the attempt of theoretical-methodological decision of the problem of the forming of professional creativity culture of specialists in the sphere of culture and art.
This paper describes the principles underlying how various knowledge areas blend into transversal formations in two educational contexts employing PBL. Such ‘transversality’ has often been referred to as inter- cross- or trans-disciplinarity. However, these terms are ambiguous, especially...... in relation to Problem Based Learning. There is a growing need for stronger language to express underlying principles of knowledge formations and the constitution of such. The term transversality suggests that knowledge formations are not based on a relationship between strong independent disciplines......, but rather on a number of subject areas that are combined during students’ PBL-studies. As such, the curriculum organized knowledge, as well as students’ reflections of various types at the level of teaching and learning, constitute certain ‘modalities’ of transversal knowledge formations. Two institutional...
Roberto Carvalho Veloso
Full Text Available Obstetric violence is characterized by the imposition of interventions harmful to the physical and psychological integrity of pregnant women, perpetrated by health professionals and institutions (public and private in which such women are assisted. This paper aims to discuss the civil and criminal liability in cases of obstetric violence, from the judgments of the Supreme Court (STF, Superior Court of Justice (STJ and the Courts of Justice (TJs of the Rio Grande do Sul State and Minas Gerais, in order to identify the nature of the punishment and characterization of obstetric violence.
A primer for chemical engineers, this review gives examples of cases involving hazardous waste and environmental pollution. It begins with the discussion of common law tort and its application. The review covers the statute of limitations and common law as it applies to negligence, trespass, nuisance, strict liability, and damages and remedies. Because of the complexity of common law, the courts will render diverse and sometimes conflicting or confusing decisions. Given the explosive expansion of public awareness and scrutiny in the area of hazardous wastes, the chemical engineer should have a basic appreciation of common law. Professional assistance is advisable since the area is always changing.
Steinbeck, Margaret O
.... While the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) imposes strict, joint, and several liability, the contractor and the Department of Defense (DoD...
High school and college cheerleading is becoming more sophisticated and competitive, yet research on injuries and conditioning is virtually nonexistent. Liability problems may produce additional changes.
Norma, Caroline; Garcia-Caro, Olga
Professional interpreters in Australia have little opportunity to undertake education on issues of violence against women. This article observes a lack of awareness of gender violence-related issues among community interpreters. It then notes examples of gender-related problems arising in the work of interpreters assisting migrant women. It repeats Maree Pardy's call for interpreter education, but diverges from her 1995 work by explicitly recommending this education be informed by feminist principles. It observes that, although community interpreters are key to migrant women accessing social services in Australia, the profession resists calls for specialized education. This resistance occurs in a country that is recognized internationally for its progressive public service interpreting policies. We question why this is the case, and suggest that adherence to a peculiarly superficial notion of "impartiality" dulls the profession's responsiveness to the reality of male violence. We draw on government and non-governmental organization (NGO) reports, as well as interpreting scholarship using a gender lens, to theorize the need for feminist education of professional community interpreters. © The Author(s) 2016.
FIELD, IRVING M.
AN ATTEMPT IS MADE TO ESTABLISH A THEORETICAL FOUNDATION FOR GROUP PROPERTY AND LIABILITY INSURANCE AND TO ADVANCE THE GENERAL HYPOTHESIS THAT THE PRINCIPLES USED IN INSTALLING AND ADMINISTERING GROUP LIFE AND HEALTH INSURANCE ARE APPLICABLE TO THE INSTALLATION AND ADMINISTRATION OF GROUP PROPERTY AND LIABILITY INSURANCE. A SURVEY WAS CONDUCTED TO…
Hodges, Terry; Jones, Stephanie; Purvis, Mary L.; Rubin, David B.; Thrasher, Doralee; Underwood, Julie; Watkins, W. David
This book is a primer on board-member liability issues and is intended for both board members and school attorneys. The first chapter, "The Legal System," examines federal sources of legal authority, state and local sources of legal authority, and federal and state judicial structures. Liability under state tort law is the subject of chapter 2,…
Wolfe, D L; Stanton, T J
Integrated disability management (IDM) programs offer employers a simple, strategic approach to managing health and lost time. However, components of these programs also present potential liabilities under federal, and sometimes, state law. This article reviews the sources of these liabilities and summarizes techniques for minimizing the risk of employers (and managers individually).
Standards of conduct, roles, and responsibilities expected of athletic trainers should be developed and disseminated. These guidelines could be used in court to show that the athletic trainer was following basic standards if he should be charged with liability. A review of liability cases involving athletic injuries received while athletes were…
Susana Menéndez Álvarez-Dardet
Full Text Available After a literature review of recent studies on partner violence against women in Spain, this paper describes the central indicators of frequency, prevalence and course of domestic abuse. The main characteristics of battered women, their children, the male aggressors, and the social and professional context in which these actions take place are summarized. Partner violence against women in Spain appears to be a serious social problem affecting a significant number of people. It is also a very heterogeneous and widespread phenomenon particularly with respect to female victims’ characteristics. However, studies offer a more homogenous profile of the course of domestic violence against women. As a whole, available indicators of domestic violence against women in Spain led us to cast some doubt and refute many of the prejudices about this subject.
Uphoff, R; Hindemith, J
The number of maternal and child deaths associated with delivery in Germany has reached a historically low level. Even so, the number of claims for damages arising from birth complications is continuously increasing. The reasons for this apparent paradox are analysed in the present contribution. Basic principles of the present situation concerning legal precedents with regard to birth damages are illustrated. The legal instrumentarium which the courts use to reach their decisions is presented. The interactions of the reasons for liability are demonstrated for the five most frequently occurring critical obstetric situations (intrauterine asphyxia, premature amniorrhexis, danger of premature birth, intrauterine growth retardation, birth of a depressed child).From an analysis of court decisions on liability questions that result from an objective failure of obstetric management in critical situations, four general empirical rules can be derived and observation of these rules could markedly reduce the number of patient claims. The function of civil court rulings as a necessary control instance is positively accepted. © Georg Thieme Verlag KG Stuttgart · New York.
Al-Doais, Salwa; Kessel, Daivd [KEPCO International Nuclear Graduate School, Daejeon (Korea, Republic of)
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
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.
Full Text Available The article presents the analysis of the current state of training of seafarers at Maritime higher educational institutions of Ukraine in accordance with the needs of the national economy and the requirements of the international labour market. There have been suggested measures for the gradual integration of Maritime education into the European educational space, an integrated approach in scientific and methodical support of innovative activity of the teaching staff of the mentioned above institutions in the introduction of new pedagogical technologies into the practice of training specialists for the marine industry. It has been determined, that the implementation of a quality system at marine higher educational institution is not only an urgent task of their administrator, but also it is due to the requirements of the international STCW Convention to the formation of a common European space in the field of Maritime education, the solution of the problem of recognition of the competence and qualifications of the Ukrainian seafarers, the development of the European unified system of training, retraining and qualification improvement of specialists in the Maritime industry.
Zanin, Alice Aquino; Herrera, Lara Maria; Melani, Rodolfo Francisco Haltenhoff
In light of the fact that dentists may be held civilly liable for their practice, it is important to understand the current situation of lawsuits filed against these professionals by studying current legal decisions and the literature. The objective of this study was to analyze the case law of the Court of Justice of São Paulo, Brazil, relative to the profile of patients and professionals, the most commonly involved specialties, the amounts litigated and the court decisions pertaining to civil liability lawsuits against dentists. In an inductive approach, a single researcher screened and collected civil liability rulings by accessing the Court's website, and following a statistical-descriptive procedure and an indirect observation technique. The most frequently involved specialty was prosthodontics. However, oral and maxillofacial surgery was related to a higher incidence of damages awarded to settle claims and to higher damage amounts. The dentist was found guilty in 44.32% of the cases researched. Pecuniary damages ranged between R$ 485.50 and R$ 12,530.00, and non-pecuniary damages ranged between R$ 2,500.00 and R$ 70,000.00. Most lawsuits were filed by women against male dentists. An increase in the relative number of lawsuits against companies versus individuals was observed.
... 46 Shipping 1 2010-10-01 2010-10-01 false Evidence of criminal liability. 4.23-1 Section 4.23-1... AND INVESTIGATIONS Evidence of Criminal Liability § 4.23-1 Evidence of criminal liability. If, as a result of any investigation or other proceeding conducted hereunder, evidence of criminal liability on...
The article analyses the potential for false negative and false positive results from Pap smear testing by gynaecological cytopathology laboratories. It also reviews case law in relation to the liability of general practitioners, gynaecologists, cytoscreeners and pathologists in respect of cervical cancer diagnoses. It argues that the concerns expressed in the 1990s about unfair findings of liability against cervical screeners have not been borne out, liability only having been found by the courts where culpable failure to adhere to the standards to be expected of professional behaviour has been established by probative evidence. It argues that the challenge for the future is for cytology screening to articulate definitively where the distinctions lie between acceptable and unacceptable error and for the medical profession and the legal profession to accommodate to the limitations of gynaecological cytopathology.
Morgan, Phillip David James
This article seeks to explore the pressing unanswered commercial issue: whether or not a parent company can potentially be vicariously liable for its subsidiary's torts. It is currently undecided in English law, however, the theory of vicarious liability as recently expounded by the Supreme Court, as well as the development of new categories of vicarious liability, point towards vicarious liability for legal persons. This article argues that a legal (or natural) person may employ, or be in a ...
Park, Junmo; Seo, Deokseok
In Korea, defect lawsuits for apartment buildings, the most common housing style, are becoming a social issue. Among various issues in defect lawsuits, warranty of liability is very important. This is because the business entities are responsible for assuring the maintenance of the defects during this period, and at the same time, the residents can request fair compensation for the defects. However, provisions on the term of warranty of liability provided in the current Housing Act were made 40 years ago when the social basis were weak. Thus, it does not have any rational foundation. In order to improve these problems, basic research on the warranty of liability by major types of apartments is needed. In this study, the defect cases for miscellaneous works of apartments were examined and analyzed. Miscellaneous work consists of ondol work, kitchenware work, indoor and outdoor equipment work, and metallic work. Among them, kitchenware work and metallic work showed a lot of defects. On the other hand, warranty of liability covers up to 10 years in total. The defect occurrence for the entire miscellaneous work showed a tendency to concentrate in the first and the second year. It is the third year that the total defects reach 95%, and the fourth year that exceeds 99%. The ondol work, indoor and outdoor equipment work and metallic work had this tendency. On the other hand, for kitchenware work, it is the third year that the defect occurrence reaches 99%, and it implies that the defect tends to occur more quickly than in other detailed works.
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...
Buchanan, E. T.
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)
Lee, Yu L; Kilic, Gokhan; Phelps, John Y
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.
National Oceanic and Atmospheric Administration, Department of Commerce — The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, provides a federal "superfund" to clean up...
Kläning, Ulla; Trumbetta, Susan L; Gottesman, Irving I
We studied schizophrenia liability in a Danish population-based sample of 44 twin pairs (13 MZ, 31 DZ, SS plus OS) in order to replicate previous twin study findings using contemporary diagnostic criteria, to examine genetic liability shared between schizophrenia and other disorders, and to explore...... whether variance in schizophrenia liability attributable to environmental factors may have decreased with successive cohorts exposed to improvements in public health. ICD-10 diagnoses were determined by clinical interview. Although the best-fitting, most parsimonious biometric model of schizophrenia...... liability specified variance attributable to additive genetic and non-shared environmental factors, this model did not differ significantly from a model that also included non-additive genetic factors, consistent with recent interview-based twin studies. Schizophrenia showed strong genetic links to other...
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...
Svitlana V. Shyyka
Full Text Available The article is devoted to the research of the problem of optimization of computer test control of academic achievements of students in the discipline “Ukrainian language (for professional purposes”. The content of the concepts “test”, “pedagogical test”, “test task” is explained, the classification of possible formats of test tasks is given, the principles of selecting the contents of tasks in the test form are determined, the positive and negative aspects of the computer test method of checking knowledge, skills and abilities are revealed. List of programs for testing knowledge and one of them ‒ MyTest, a table of didactic and methodical materials for preparation and conducting of test control of knowledge on the basis of the program MyTestX is presented. It is emphasized that the effectiveness of computer testing depends on the level of teacher training, the experience of his teaching activities and the practice of using test technologies, the ability and the need for creativity and self-improvement.
Milošević Goran B.
Full Text Available Tax liability is the duty of the taxpayer to pay the tax. The taxpayer is responsible for the fulfillment of tax obligations from the moment of the occurrence of taxable event on which the authority imposed the tax liability. The moment of the occurrence of taxable event shall be determined separately for each tax, in accordance with the relevant tax law. The fulfillment of tax obligations is the payment of the amount owed. for the tax.
contractors. Where the A/E actions or inactions lead a construction contractor down a path where the contractor suffers economic damage, and it can be...standard of the profession in actions brought by third parties for negligence" [Ref. 1, p. 46. :% I1 --. The architect’s liability is tied directly to...services The determination of A-E liability requires answering afffirmatively the following questions: (I) Is the construction modification
Crone, M.R.; Zeijl, E.; Rijeneveld, S.A.
Background: About one third of all parents have concerns about their child's psychosocial development. Agreement between child health professionals (CHPs) and parents about such concerns may improve treatment adherence and outcomes. This study investigates which child, parenting and/or environmental
Crone, Mathilde R; Zeijl, Elke; Reijneveld, Sijmen A
BACKGROUND: About one third of all parents have concerns about their child's psychosocial development. Agreement between child health professionals (CHPs) and parents about such concerns may improve treatment adherence and outcomes. This study investigates which child, parenting and/or environmental
Kopp, Birgitta; Hasenbein, Melanie; Mandl, Heinz
This article analyzes the collaborative problem solving activities and learning outcomes of five groups that worked on two different complex cases in a virtual professional training course. In this asynchronous virtual learning environment, all knowledge management content was delivered virtually and collaboration took place through forums. To…
Booker, Matthew J; Purdy, Sarah; Shaw, Alison R G
To understand the reasons behind, and experience of, seeking and receiving emergency ambulance treatment for a 'primary care sensitive' condition. A comprehensive, qualitative systematic review. Medline, Embase, PsychInfo, Cumulative Index of Nursing and Allied Health, Health Management Information Systems, Healthcare Management Information Consortium, OpenSigle, EThOS and Digital Archive of Research Theses databases were systematically searched for studies exploring patient, carer or healthcare professional interactions with ambulance services for 'primary care sensitive' problems. Studies using wholly qualitative approaches or mixed-methods studies with substantial use of qualitative techniques in both the methods and analysis sections were included. An analytical thematic synthesis was undertaken, using a line-by-line qualitative coding method and a hierarchical inductive approach. Of 1458 initial results, 33 studies met the first level (relevance) inclusion criteria, and six studies met the second level (methodology and quality) criteria. The analysis suggests that patients define situations worthy of 'emergency' ambulance use according to complex socioemotional factors, as well as experienced physical symptoms. There can be a mismatch between how patients and professionals define 'emergency' situations. Deciding to call an ambulance is a process shaped by practical considerations and a strong emotional component, which can be influenced by the views of caregivers. Sometimes the value of a contact with the ambulance service is principally in managing this emotional component. Patients often wish to hand over responsibility for decisions when experiencing a perceived emergency. Feeling empowered to take control of a situation is a highly valued aspect of ambulance care. When responding to a request for 'emergency' help for a low-acuity condition, urgent-care services need to be sensitive to how the patient's emotional and practical perception of the situation
Olick, Robert S; Bergus, George R
Informal ("curbside") consults are widely used by primary care physicians. These interactions occur in person, by telephone, or even by e-mail. Exposure to malpractice liability is a frequent concern of subspecialty physicians and influences their willingness to engage in this activity. To assess this risk, we reviewed reported judicial opinions involving informal consultation by physicians. A search of the existing medical literature, and of the Westlaw national database was undertaken to identify reported judicial opinions involving informal physician consults that address whether informal consultations create a legal relationship between consulting specialist physicians and patients that gives rise to a legal duty of care owed by the consulting specialist to the patient. Courts have consistently ruled that no physician-patient relationship exists between a consultant and the patient who is the focus of the informal consultation. In the absence of such a relationship, the courts have found no grounds for a claim of malpractice. Malpractice risks associated with informal consultation appear to be minimal, regardless of the method of communication. While "informal consultation" is not a term used by the courts, the courts have applied a consistent set of criteria that help define the legal parameters of this activity.
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
Schoenfeld-Tacher, Regina; Bright, Janice M; McConnell, Sherry L; Marley, Wanda S; Kogan, Lori R
The objective of this investigation was to ascertain whether and how the introduction of a new technology (WebCT) influenced faculty teaching styles while facilitating small group problem-based learning (PBL) sessions in a professional veterinary medical (PVM) program. The following questions guided the study: (1) How does the use of technology affect faculty teaching behaviors? (2) Do the facilitators' interactions with WebCT technology change over the course of one semester? (3) What is the perceived impact of WebCT on facilitators' role in PBL? The study employed a combination of qualitative (case study) and semi-quantitative (survey) methods to explore these issues. Nine clinical sciences faculty members, leading a total of six PBL groups, were observed over the course of an academic semester for a total of 20 instructional sessions. The qualitative data gathered by observing faculty as they facilitated PBL sessions yielded three major themes: (1) How do PBL facilitators adapt to the addition of WebCT technology? (2) Does this technology affect teaching? and (3) How do PBL facilitators interact with their students and each other over the course of a semester? No direct evidence was found to suggest that use of WebCT affected teaching behaviors (e.g., student-centered vs. teacher-centered instruction). However, all facilitators showed a moderate increase in comfort with the technology during the semester, and one participant showed remarkable gains in technology skills. The teaching theme provided insight into how facilitators foster learning in a PBL setting as compared to a traditional lecture. A high degree of variability in teaching styles was observed, but individuals' styles tended to remain stable over the course of the semester. Nevertheless, all facilitators interacted similarly with students, in a more caring and approachable manner, when compared to the classroom or clinic atmospheres.
THE ANALYSIS OF THE LOGIC CONTENTS WITH ACTUAL VOLUME OF CONCEPTS “PROFESSIONAL DEVELOPMENT”, „PROFESSIONAL BECOMING”, OF RESEARCH THE PROBLEM OF FUTURE TEACHER OF PHYSICAL CULTURE PROF. DEVELOPMENT IN THE CONDITIONS OF INFORMATIVE-EDUC. SPACE OF UKRAINE
Yurii V. Drahniev
Full Text Available In the article the comparative analysis of leading concepts „professional development”, „professional becoming” of research of problem of professional development of future teacher of physical culture is given in the conditions of informative educational space of Ukraine. It is grounded, that concepts play an important role both in science and in everyday practice. It is specified, that professional development must have a specific orientation of future professional activity with the use of computer, be characterized by the use of information technologies in the process of professional preparation, determine the maintenance of educational professional program taking into account informatization of higher education system.
Holloway, Edith; Sturrock, Bonnie; Lamoureux, Ecosse; Keeffe, Jill; Hegel, Mark; Casten, Robin; Mellor, David; Rees, Gwyneth
Low vision rehabilitation (LVR) is a pertinent context for integrating early, evidence-based psychological interventions given the high prevalence of untreated depression in adults with vision impairment. This study aims to identify the perceived barriers and facilitators to staff-delivered telephone-based problem-solving treatment for primary care (PST-PC) offered as an integrated component of LVR. Qualitative semi-structured interviews, developed using the theoretical domains framework (TDF) and Consolidated Framework for Implementation Research (CFIR), were conducted with 21 LVR professionals and a clinical psychologist involved in the delivery of PST-PC. Barriers and facilitators at the practitioner, client, intervention, and organizational level were identified with thematic analysis using a "theoretical" approach. Prominent barriers were a lack of role recognition for PST-PC practitioners (n = 32), unmet client expectation with PST-PC (n = 28), dissatisfaction with telephone delivery (n = 27), and limited organizational awareness of PST-PC (n = 39). Facilitating factors included a recognized need for evidence-based psychological services (n = 28), clients experiencing benefits in early sessions (n = 38), PST-PC promoting practical skills (n = 26), and comprehensive PST-PC training (n = 36). PST-PC may provide an accessible early intervention for LVR clients with depressive symptoms. Ongoing practitioner training, clinical support, and screening potential LVR clients for treatment suitability are likely to enhance delivery in this setting. Implications for rehabilitation Depression is highly prevalent in adults engaged in low vision rehabilitation (LVR) programs, yet few receive support. Clinical guidelines recommend integrated models of care be offered within rehabilitation settings as early intervention for mild to moderate levels of depressive symptoms. Integrated telephone-based problem-solving treatment for primary care
Full Text Available The doctrine of piercing the corporate veil fascilitated holding directors liable for corporate debt. Nevertheless, the doctrine is not a seperate cause of action. Directors are bound by fiduciary duty, duty of loyalty and duty of care and skill to the corporation and its shareholders. However, there is not such a contractual relationship between directors and creditors. Thus, requiring directors to compensate creditors should be justified on tort law. In the Iranian, French and American legal systems, fault-based liability is the cause of action for directors' liability. The author found that in piercing cases, directors' liability follows the traditional rules of fault-based liability unless specified otherwise by statute as strict liability.
Full Text Available Asset liability management (ALM is the traditional risk management practice in banking. ALM is the coordinated and integrated management of assets and liabilities. Some studies argue that ALM lost importance due to the use of new risk mitigation tools by banks. This study aims to identify the role of ALM in the risk management of banks in Turkey. For this purpose, it analyzes the relationship between assets and liabilities of the banks by using canonical correlation for the period of 2002-2012. High canonical correlation indicates that dependency of assets and liabilities has been high for banks operating in Turkey. Canonical loadings also provide evidence for the coordinated asset and liability management. Thus, ALM is still very common in Turkish banking sector. Further analysis on liquidity of banks reveal that profitability, equity capital, illiquid assets and credit risk influence the liquidity. Besides, liquidity of public banks is higher than that of other banks.
Aleksander Andreevich Tsyganov
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
Gomes, Nadirlene Pereira; Erdmann, Alacoque Lorenzini
to construct a theoretical matrix based on the meanings of the interactions and actions experienced by the professionals regarding the nursing care practices and the health of women in situations of conjugal violence in the ambit of the Family Health Strategy. research based in Grounded Theory. Following approval by the Research Ethics Committee, 52 professionals were interviewed in Santa Catarina, Brazil. The analysis was based on open, axial and selective codifications. the theoretical model was delimited based on the phenomenon "Recognizing conjugal violence as a public health problem, and the need for management of the care for the woman", which reflects the experience of the professionals in relation to care for the woman, as well as the meanings attributed to this care. the phenomenon allows one to understand the movement of action and interaction regarding the care for the woman in a situation of conjugal violence.
Nadirlene Pereira Gomes
Full Text Available OBJECTIVE: to construct a theoretical matrix based on the meanings of the interactions and actions experienced by the professionals regarding the nursing care practices and the health of women in situations of conjugal violence in the ambit of the Family Health Strategy. METHODS: research based in Grounded Theory. Following approval by the Research Ethics Committee, 52 professionals were interviewed in Santa Catarina, Brazil. The analysis was based on open, axial and selective codifications. RESULTS: the theoretical model was delimited based on the phenomenon "Recognizing conjugal violence as a public health problem, and the need for management of the care for the woman", which reflects the experience of the professionals in relation to care for the woman, as well as the meanings attributed to this care. CONCLUSIONS: the phenomenon allows one to understand the movement of action and interaction regarding the care for the woman in a situation of conjugal violence.
Full Text Available In order to provide for successful, safe and high quality medical services, health care institutions need to be equipped with adequate medical devices. For this reason, every medical institution is legally obliged to have relevant medical devices. In case a patient has been deprived of some medical service for the lack of necessary medical devices (which the institution has been obliged to provide, the medical institution is responsible for the damage and harm sustained by the patient. The responsibility implies non-contractual liability (in tort law or pre-contractual liability (in contract law. In both cases, the liability is based on the presumed culpability. In order to be excluded from liability, the medical institution has to prove that the patient has been deprived of medical service (or that the institution has refused to enter into a medical service provider agreement on justifiable grounds, i.e. due to the lack of necessary medical devices. On the other hand, in case the medial institutions fail to provide needed care or violate their obligation to use medical devices when necessary, it is regarded as medical negligence (professional error. In most cases, it implies the liability of medical institutions for damage, injury or harm caused to the patient by medical services provided without applying a relevant medical device, whose use has been medically indicated. The liability is even more substantial in cases where the medical device has been available but the medical institutions has not applied it in medial treatment (even though its use has been medically indicated; such conduct is qualified as gross negligence.
Full Text Available The paper presents a review of various aspects of legal liability and claims to hotel management arising in the hotel industry in the context of the legal framework and possible legal consequences for hotels and other types of commercial accommodation establishments. The main reasons for accidents' occurrence in the hotel industry are chronologically traced. Possible claims to the hotel management are also presented in detail. The problem with workplace discrimination, which is considered as unrightfully actions from administration towards hospitably industry personnel and the connected consequences, is discussed. A definition is given of the various forms of discrimination and the obligations of management to provide a healthy work environment without problems for the personnel are stated, as well. Regulative measures and documents are also presented, regarding measures following possible labour law violations. Conclusions and recommendations are formulated and ways to prevent and overcome problems and accidents in various accommodation establishments and the hotel industry as a whole are shown
Ulfbeck, Vibe Garf; Andrecka, Marta
there is no contract between the individual and the private service provider there may be several obstacles to a claim against the private service provider based on contract. At the same time it is a general tort law principle that there is no vicarious liability for independent contractors, making it difficult also...... to succeed with a claim against the public entity based on tort law. Thus, a liability gap seems to exist. However, the article demonstrates that there are signs in different jurisdictions that solutions are being found in case law to this problem allowing to some extent for the imposition of some kind...... of vicarious liability on the public entity. Four different models are identified. The reasoning behind these models varies but they all have in common that the public law nature of the service that has been outsourced somehow plays a role....
Full Text Available Our research is topical in the context in which accounting takes an increasingly important role in the social life of each individual and implicitly of the society it belongs to and aims to present the alternative accounting concepts and practices of creative accounting on equity and liabilities to tourism entities. In determining the arguments to justify the real need for knowledge in this area we must delineate the research field Creative Accounting. In this sense, the research envisaged a systematization and reconsideration as well a synthesis and antithesis of the concepts presented on this topic in the specialized literature, in the regulations of various professional bodies and authorities. The knowledge of the patrimonial system, of its capacity to generate profits at a time is insured with both accounting and an accurate and effective control.
... bill received for services may represent asserted liabilities. (2) Definition of the term “contest... liability— (A) Purchasing a bond to guarantee payment of the asserted liability; (B) An entry on the...
... liabilities arising under warranty theories relating to repair or replacement of the property that are... payment is not made on account of product liability. Example 4. R, a retailer of communications equipment...
Heinrichs, Kristinn I.
Objective: To establish the underlying theory and benefits and describe the implementation of a problem-based learning curriculum. Data Sources: I searched MEDLINE, SPORT Discus, and nursing, evidence-based medicine, and educational psychology databases from 1987 through 2002 using the terms problem-based learning, physical therapy, nursing, and medicine. Data Synthesis: In the problem-based learning process, students encounter a problem, bring to it their preconceived understanding (accurate or not), learn to identify what they need to learn to better understand the problem, engage in self-directed study, and begin to resolve the problem. Problem-based learning has its origins in medical education but is widely used in K–12 education, social sciences, health professions education, law, business administration, engineering, and aviation. An entry-level master of science degree program in athletic training based on problem-based learning and integrated clinical education is described. Conclusions/Recommendations: Problem-based learning curricula, if implemented correctly, can facilitate the entry-level athletic training student's professional development into that of a life-long learner who bases clinical decisions and procedures on the best available evidence. PMID:12937544
Heinrichs, Kristinn I
OBJECTIVE: To establish the underlying theory and benefits and describe the implementation of a problem-based learning curriculum. DATA SOURCES: I searched MEDLINE, SPORT Discus, and nursing, evidence-based medicine, and educational psychology databases from 1987 through 2002 using the terms problem-based learning, physical therapy, nursing, and medicine. DATA SYNTHESIS: In the problem-based learning process, students encounter a problem, bring to it their preconceived understanding (accurate or not), learn to identify what they need to learn to better understand the problem, engage in self-directed study, and begin to resolve the problem. Problem-based learning has its origins in medical education but is widely used in K-12 education, social sciences, health professions education, law, business administration, engineering, and aviation. An entry-level master of science degree program in athletic training based on problem-based learning and integrated clinical education is described. CONCLUSIONS/RECOMMENDATIONS: Problem-based learning curricula, if implemented correctly, can facilitate the entry-level athletic training student's professional development into that of a life-long learner who bases clinical decisions and procedures on the best available evidence.
Wernicke, Georg; Mehlsen, Kristian
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....
Obando Medina, Claudia; Kullgren, Gunnar; Dahlblom, Kjerstin
Mental health problems among young peoples are a growing public health issue around the world. In low- income countries health systems are characterized by lack of facilities, human resources and primary health care is rarely an integrated part of overall health care services. This study aims at exploring how primary health care professionals in Nicaragua perceive young people's mental health problems, suicidal problems and help-seeking behaviour. Twelve in-depth interviews were conducted with nurses and doctors working in primary health care services in León, Nicaragua. A qualitative research design was applied. Data was analysed using thematic analysis approach. This study revealed that doctors and nurses were reluctant to deal with young people presenting with suicidal problems at the primary health care. This was more likely to stem from feelings of incompetence rather than from negative attitudes. Other barriers in providing appropriate care to young people with mental health problems were identified such as lack of time, lack of privacy, lack of human resources, lack of trained professionals and difficulties in communicating with young people. The primary health care (PHC) professionals suggested different solutions to improve care for young people with suicidal problems. PHC doctors and nurses in Nicaragua felt that providing skilled mental health services to young people was a priority for them but they also identified a number of barriers to be able to do so. They discussed ways to improve young people's willingness to share sensitive issues with them and suggested ways to make PHC more appreciated by young people.
... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Customer's and third party liability. 240.13... ADVERTISING ALLOWANCES AND OTHER MERCHANDISING PAYMENTS AND SERVICES § 240.13 Customer's and third party liability. (a) Customer's liability: Sections 2 (d) and (e) apply to sellers and not to customers. However...
... 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...
... Limitation on liability. The liability of the Fund and the United States Government arising out of any... CDFI. The Fund shall be exempt from any assessments and other liabilities that may be imposed on... shall affect the application of any Federal tax law. ...
... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Allocation of risk/liability. 1260.61... AGREEMENTS General Special Conditions § 1260.61 Allocation of risk/liability. Allocation of Risk/Liability... make any claim against NASA or the U.S. Government with respect to the injury or death of its employees...
Michał Zalewski; Kamila Fux-Zalewska
... (contractual liability) or unlawful and culpable conduct in the exercise of medical action taken toward the patient who is not bound to the doctor by a legal relationship (tort liability). When a physician or a dentist is assigned a liability, he/she is obliged to redress the pecuniary damage and compensate for the non-pecuniary injury (wrong) suffered by the injured party.
... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Liability Insurance. 1452... Insurance. As prescribed in 1428.301, insert the following clause: Liability Insurance—Department of the... extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance...
... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Asset and liability management. 704.8 Section... CORPORATE CREDIT UNIONS § 704.8 Asset and liability management. (a) Policies. A corporate credit union must operate according to a written asset and liability management policy which addresses, at a minimum: (1...
Oakleaf, Linda; Grube, Angela Johnson
Employers are responsible for sexual harassment perpetrated by a supervisor. Camps may be responsible for sexual harassment between campers. Steps to reduce liability include providing multiple channels for reporting sexual harassment; having written policies prohibiting sexual harassment and procedures for reporting it; posting these policies and…
Much of international business literature has dealt with the costs of engaging in business abroad. Recently, several authors have called into question the basic assumptions of the “liability of foreignness” argument. They plead for a more nuanced look at nationality beyond the dichotomy of foreign...
... 7 Agriculture 10 2010-01-01 2010-01-01 false Personal liability. 1219.74 Section 1219.74 Agriculture Regulations of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE HASS AVOCADO PROMOTION, RESEARCH...
Winter, Gerd; Jans, Jan H.; Macrory, Richard; Kraemer, Ludwig
In spite of a lengthy gestation period, the Environmental Liability Directive left conceptual puzzles that have caused difficulties of transposition by Member States and of application by authorities, operators, third parties and insurance companies. This is largely due to the fact that the
... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Limited liability. 210.11 Section 210.11 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE FEDERAL GOVERNMENT PARTICIPATION IN THE AUTOMATED...
... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false RDFI liability. 210.10 Section 210.10 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE FEDERAL GOVERNMENT PARTICIPATION IN THE AUTOMATED...
van Mook, Walther N. K. A.; Muijtjens, Arno M. M.; Gorter, Simone L.; Zwaveling, Jan Harm; Schuwirth, Lambert W.; van der Vleuten, Cees P. M.
Although other web-based approaches to assessment of professional behaviour have been studied, no publications studying the potential advantages of a web-based instrument versus a classic, paper-based method have been published to date. This study has two research goals: it focuses on the quantity and quality of comments provided by students and…
Thompson, Bruce E. R.
Discusses professional ethics involved in requests from the U.S. Superintendent of Documents to withdraw and destroy documents in library government document collections. Topics addressed include censorship considerations; classified versus unclassified documents; obligations to the parent organization; and examples of specific cases. (Contains 11…
Daniela Oliveira Gonçalves
Full Text Available Seek compare the environmental liability institutes from Germany with those of Brazil, this study intends to conduct an analysis of civil liability for environmental damage in Germany. The concepts of liability and its species, subjective and objective initially are analyzed. Then the concept of civil liability for environmental damage under Brazilian law is analyzed, also discussing the concept of environmental damage. Finally it is carried out the assessment of some of the German Civil Code provisions as well as the Environmental Liability Act of Germany.
Full Text Available This paper aims to explain and analyze the importance of the civil liability under labour law with particular emphasis on the application of the doctrine of "punitive damages" as a breakthrough for the development of Brazilian law in the field of solutions to real problems to the fundamental rights at work. The problem of the research is to identify the application of the doctrine of "punitive damages", its justification under the system of civil liability and, in particular, its applicability as a defense mechanism for fundamental rights at work. The research is descriptive and explanatory, documentary-bibliographical.
Gold, Liza H; Davidson, John E
Many psychiatrists believe that there is little or no liability associated with conducting examinations at the request of a third party or with providing testimony in civil litigation. Case law has demonstrated otherwise. Psychiatrists conducting independent medical examinations (IMEs) may be vulnerable to tort lawsuits by either the evaluee or the third party who commissions the IME. In addition, breaches of legal or ethical conduct can lead to disciplinary action by state medical boards and professional organizations. Although immunity for certain types of forensic activities is available, such immunity is qualified and may not be applicable to evaluations and related testimony conducted for third parties. Understanding the liability associated with third-party evaluations will assist psychiatrists in minimizing their exposure.
Gregg, Robert E
Rumors and gossip are inevitable ingredients of work life. Within limits, they may have some beneficial functions. Still, practitioners and managers must be aware of the dangers inherent in defamation of character and harassment. This article defines workplace comments and activities that should be avoided and the employer's legal liability when situations get out of hand. It also outlines the manager's responsibilities and lists privacy rights that are codified by state and federal laws.
Pittelli, S D; Muñoz, D R
This paper addresses the relationship between the doctrinaire position of a judge in terms of the civil liability objective and subjective theories and the results of their decisions in terms of "acquittal/against judgments". A system of classification of matter of fact results is proposed and the influence on the result of the decision of each category is also tested. The material consists of 71 records of judicial procedures from São Paulo State Court of Justice.
Rui Miguel Prista Patrício Cascão
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.
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.
Groote Schaarsberg, M.
Three chapters of this dissertation deal with three different types of interactive purchasing situations, in which multiple buying organizations interact with similar (or possibly the same) suppliers for the procurement of the same commodity. Decisions to be made in interactive purchasing concern if
Vyacheslav N. Voronin
Full Text Available The Author considers the quality of the construction of the criminal law provision which is stipulated in article 126 of the Criminal Code of Russian Federation (Kidnapping. The Author signifies some application problems of the concerned article, researches judicial interpretations of the elements of crime characteristics and opinions of contemporary scientists who propose to redraft the article. The Author also analyses the law of Armenia, Belarus, Kyrgyzstan, Turkmenistan, Tajikistan and Latvia. On the basis of the research the Author concludes that a primitive disposition which doesn’t include elements of a criminal conduct doesn’t meet the requirements of legality and legal certainty, and, because of the above-mentioned reason, the Author proposes his own definition of the disposition of kidnapping.
Nielsen, David A; Kreek, Mary Jeanne
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.
Good, L. H.; Erickson, A.
Academic learning and research experiences alone cannot prepare our emerging ocean leaders to take on the challenges facing our oceans. Developing solutions that incorporate environmental and ocean sciences necessitates an interdisciplinary approach, requiring emerging leaders to be able to work in collaborative knowledge to action systems, rather than on micro-discipline islands. Professional and informal learning experiences can enhance graduate marine education by helping learners gain the communication, collaboration, and innovative problem-solving skills necessary for them to interact with peers at the interface of science and policy. These rich experiences can also provide case-based and hands-on opportunities for graduate learners to explore real-world examples of ocean science, policy, and management in action. However, academic programs are often limited in their capacity to offer such experiences as a part of a traditional curriculum. Rather than expecting learners to rely on their academic training, one approach is to encourage and support graduates to seek professional development beyond their university's walls, and think more holistically about their learning as it relates to their career interests. During this session we discuss current thinking around the professional learning needs of emerging ocean leaders, what this means for academic epistemologies, and examine initial evaluation outcomes from activities in our cross-campus consortium model in Monterey Bay, California. This innovative model includes seven regional academic institutions working together to develop an interdisciplinary ocean community and increase access to professional development opportunities to better prepare regional ocean-interested graduate students and early career researchers as future leaders.
Evgeniya V. Rogova
Full Text Available Objective to identify the disputable issues of criminallegal regulation and problems of criminal law norms application establishing liability for mediation in bribery. Basing on the analysis to propose ways to resolve some of them. Methods for the accuracy and completeness general and special methods of scientific cognition were applied. The general methods include historicallegal logicallegal comparative legal methods systemic analysis and synthesis. Special methods are study of documents and content analysis expert evaluation method. Results the authors came to a conclusion about the need to reform the law concerning the criminal liability for mediation in bribery. One of the solutions to the problem is to change the disposition of Article 291.1 of the Criminal Code. However a comprehensive analysis of the problems of application of this regulation and the norms of the General part of the Criminal Code indicates that there is no need to legislatively confirm the criminal liability for mediation in bribery. Scientific novelty the complex analysis of problems of the application of Article 291.1 of the RF Criminal Code has been made which serves as the basis to justify the inconsistency of this provision of the criminal law a proposal is made to make amendments in the norms of the General part of the Criminal Code of the Russian Federation relating to the concept of accomplice of the crime. Practical significance the results can be used in the reforming of criminal legislation of the Russian Federation and also at the further research of problems of differentiation of liability for bribery.
This article considers the problematic nature of primary headship. It reviews evidence of some of the most significant problems encountered by new and experienced heads derived from two sources: the UK dimension of a European questionnaire survey undertaken in the mid 1990s and more recent reports gained from interviews with serving school…
Mulcahy, Robert Sean
Learners inevitably enter adult technical training classrooms--indeed, in all classrooms--with different levels of expertise on the subject matter. When the diversity of expertise is wide and the course makes use of small group problem solving, instructors have a choice about how to group learners: they may distribute learners with greater…
Nelyubina Maria Alexandrovna
Full Text Available The article is devoted relationships between owners of the company and top-managers. Problems of top-management motivation, shareholders` control, liability of infringement of the rights and interests of shareholders are investigated.
Thomas J. Miceli; Kathleen Segerson; Suo Wang
This paper examines products liability when consumers have private information about their susceptibilities to product-related harm. In this case, it is efficient for consumers to self-select in their purchases, with those especially prone to harm refraining from purchase. Achieving this outcome requires consumers to bear their own harm, given that producers cannot observe consumer types. When consumers also misperceive risk, the problem becomes more complicated because accurate signaling of ...
This article studies the recent European developments concerning product liability in the aviation domain. Particularly the landmark judgment in Überlingen Manufacturers provided new insights on the definition of product defects (manufacturing, design and warning defects) and the availability of
Silvia Lucia CRISTEA
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.
Vidyaranya Chakravarthy Namballa
Full Text Available The purpose of this article is to analyse the extent of international rules that apply to multinational corporations (MNCs regarding their environmentally degrading activities and quality control qua environmental impact. The first part of the article describes the ambiguous legal status of MNCs and examines the rules that international instruments and host state agreements impose on the activities of MNCs. The second part focuses on jurisdiction and choice of law issues of cross-border litigation and brings out its major shortcoming. Finally, the conclusion comments on the efficiency of international law in imposing environmental liability on MNCs.
Full Text Available Abstract Background The high mental health care consumption rates of divorced singles may constitute a heavy burden on the public health care system. This raises the question of whether their higher health care use stems from a greater need, or whether there are other factors contributing to these high consumption rates. We examine both health care use and subjective unmet need (perceiving a need for care without seeking it because of social or emotional problems of the divorced singles, the repartnered divorcees, and the married. Moreover, we investigate how health care use and subjective unmet need relate to each other. Methods We conduct several gender specific logistic regressions employing data from the Divorce in Flanders Survey (N men = 2884; N women = 3317. Results Results show that the divorced singles have more contact with professional health care providers (general practitioners, psychiatrists, and psychologists because of social or emotional problems, and more often perceive unmet needs. The higher health care use rates and greater subjective unmet needs can largely be attributed to higher levels of depressive symptoms. Surprisingly, we find that non-frequent health care users more often perceive a subjective unmet need than frequent health care users and those who have not contacted any health care provider. Conclusion The single divorced consult health care providers more often because of social or emotional problems and they also perceive unmet needs more often.
The aim of this paper is to examine the recent decision of the NSW Supreme Court, which considered a personal injuries action brought by a patient treated in the community following a 6 day voluntary hospital admission. The judicial reasoning in Walker v Sydney West Area Health Service provides some comfort to mental health professionals practising in other jurisdictions whose legislative provisions are similar to those contained in the Civil Liability Act (NSW). In applying the Bolam principle, rather than the higher common law standard previously imposed by the High Court in Rogers v Whitaker, the decision is encouraging for mental health professionals whose management accords with accepted current good practice. The infrequent scrutiny by courts and coroners of management practice and systems in mental health is a further incentive to maintain continuous improvement of quality of care (by clinical audits, active risk management, professional development and supervision, and patient/family participation) consistent with the principles of clinical governance.
Neupane, Sudan Prasad; Bramness, Jørgen G
Only few individuals with alcohol problems seek help; those who do have not been described adequately. Here, we summarize the demographic and alcohol-related features of inpatients attending professional alcohol services in Nepal and examine differences between patients with and without social taboos about drinking. Fully structured interviews including the Composite International Diagnostic Interview and the Alcohol Use Disorder Identification Test were administered to 177 men and 21 women consecutively admitted to eight alcohol treatment centres in Kathmandu. Altogether, 164 patients (83%) had alcohol dependence and 24 patients (12%) had alcohol abuse. The sample had a mean age of 35.3 years (SD 10.1) with a time lag of 16.8 years (SD 9.8) from start of habitual drinking to first entry into treatment. Most (62%) were married, lived in urban areas (72%), had above-average income (57%), received adequate social support (71%), and belonged to social groups in which drinking is taboo (57%). Individuals in non-taboo group more often lived in urban areas, had lower socioeconomic status, more often reported parental problem drinking and started drinking at a younger age, whereas individuals in the taboo group more often had late onset, risky drinking, and waited longer before seeking treatment (P<0.05). Traditionally alcohol non-using castes and people with higher socioeconomic status over-represent professional alcohol services in Kathmandu. This, and high levels of hazardous and harmful alcohol use, indicate changing trends concerning social tolerance towards alcohol in Nepalese society in recent times and a heavy burden associated with alcohol disorders. Copyright © 2014 Elsevier B.V. All rights reserved.
... 47 Telecommunication 1 2010-10-01 2010-10-01 false Licensee's liability for payment. 3.76 Section... ACCOUNTING AUTHORITIES IN MARITIME AND MARITIME MOBILE-SATELLITE RADIO SERVICES Enforcement § 3.76 Licensee's liability for payment. The U.S. ship station licensee bears ultimate responsibility for final payment of its...
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…
Identifies elements that (British) courts consider in school or teacher negligence cases. Reviews significant case law establishing liability of schools and teachers for harm sustained by pupils and children's personal liability for careless acts leading to personal harm. Discusses implications of a recent child negligence case. (Contains 14…
This paper is focused on the principle of corrective justice as one of the basic principles of civil liability in the context of the modern living and increasing risks. The question that is raised with this paper is the influence the modern living and increasing risks have on the established bases of civil liability and tort law in general.
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 ...
... 45 Public Welfare 1 2010-10-01 2010-10-01 false Joint and several liability. 30.24 Section 30.24 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION CLAIMS COLLECTION Debt Compromise § 30.24 Joint and several liability. (a) When two or more debtors are jointly and severally liable...
Carli, Francesco; Uras, R.B.
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
... 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...
... 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...
... 7 Agriculture 8 2010-01-01 2010-01-01 false Liability of committee members. 917.68 Section 917.68... CALIFORNIA Order Regulating Handling Miscellaneous Provisions § 917.68 Liability of committee members. No members of the Control Committee, any commodity committee, or other committee, or any subcommittee, or any...
Contissa, Giuseppe; Laukyte, Migle; Sartor, Giovanni; Schebesta, H.
In this paper we present an application of argument maps for assessing liability in the field of Air Traffic Management (ATM), developed within the ALIAS (Addressing the Liability Impact of Automated Systems) project. Such maps are used for presenting legal concepts and norms to lawyers and non
... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Valuation of assets and liabilities. 223.9 Section 223.9 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued..., the Secretary of the Treasury may value the assets and liabilities of such companies in his discretion...
Kini, Vinay; Weiner, Rory B; McCarthy, Fenton H; Wiegers, Susan E; Kirkpatrick, James N
Professional societies have made efforts to curb overuse of cardiac imaging and decrease practice variation by publishing appropriate use criteria. However, little is known about the impact of physician-level determinants such as liability concerns and risk aversion on decisions to order testing. A web-based survey was administered to cardiologists and general practice physicians affiliated with two academic institutions. The survey consisted of four clinical scenarios in which appropriate use criteria rated echocardiography or stress testing as "may be appropriate." Respondents' degree of liability concerns and risk aversion were measured using validated tools. The primary outcome variable was tendency to order imaging, calculated as the average likelihood to order an imaging test across the clinical scenarios (1 = very unlikely, 6 = very likely). Linear regression models were used to evaluate the association between tendency to order imaging and physician characteristics. From 420 physicians invited to participate, 108 complete responses were obtained (26% response rate, 54% cardiologists). There was no difference in tendency to order imaging between cardiologists and general practice physicians (3.46 [95% CI, 3.12-3.81] vs 3.15 [95% CI, 2.79-3.51], P = .22). On multivariate analysis, a higher degree of liability concerns was the only significant predictor of decisions to order imaging (mean difference in tendency to order imaging, 0.36; 95% CI, 0.09-0.62; P = .01). In clinical situations in which performance of cardiac imaging is rated as "may be appropriate" by appropriate use criteria, physicians with higher liability concerns ordered significantly more testing than physicians with lower concerns. Copyright Â© 2016 American Society of Echocardiography. Published by Elsevier Inc. All rights reserved.
Svider, Peter F; Kovalerchik, Olga; Mauro, Andrew C; Baredes, Soly; Eloy, Jean Anderson
In this study, we detailed factors governing legal outcomes in iatrogenic orbital injury, with the purpose of discussing strategies to minimize liability and enhance patient safety. Retrospective analysis. Jury verdict and settlement reports were searched from publically available federal and state court records using the Westlaw database (Thomson Reuters, New York, NY). After exclusion of nonrelevant cases, 20 cases of iatrogenic orbital injuries were examined for factors such as legal outcome, damages awarded, defendant specialty, alleged causes of malpractice, and patient demographic information. The majority (60.0%) of cases were resolved in the defendant's favor. Payment was considerable for the cases decided in support of the plaintiff, averaging $1.13 million. Out-of-court settlements averaged $1.78 million (range, $487,500-$3.9 million), whereas jury-awarded damages averaged $472,661 (range, $75,000-$763,214). Complications stemming from endoscopic sinus surgery were most common (50.0%). Diplopia was the most common medical complaint (50.0%), whereas permanent deficits and having to undergo additional surgery were each present in 65.0% of cases. The potential for permanent sequelae of iatrogenic orbital injury makes this complication susceptible to malpractice litigation. Otolaryngologists were the most common defendants. Although cases were resolved in the defendant's favor 60% of the time, payments made were considerable, averaging $1.13 million. Steps to minimize liability and improve patient safety include an informed consent process explicitly listing risks, including diplopia and blindness, and obtaining timely ophthalmology consultation when a complication is recognized. Copyright © 2013 The American Laryngological, Rhinological and Otological Society, Inc.
The purpose of professional development is to enhance educator practices so that students may achieve at high levels. Too often, professional development tends to be too broad, general, or unrelated to problems of practice that teachers face in their own classrooms. This action research project builds upon the scholarly research that recognizes…
Studdert, D M; Sage, W M; Gresenz, C R; Hensler, D R
Policymakers are considering legislative changes that would increase managed care organizations' exposure to civil liability for withholding coverage or failing to deliver needed care. Using a combination of empirical information and theoretical analysis, we assess the likely responses of health plans and Employee Retirement Income Security Act (ERISA) plan sponsors to an expansion of liability, and we evaluate the policy impact of those moves. We conclude that the direct costs of liability are uncertain but that the prospect of litigation may have other important effects on coverage decision making, information exchange, risk contracting, and the extent of employers' involvement in health coverage.
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.
Mihaescu, Bucura Catalina
The following article will assess the real extent of the potential liability of the European Union. It will fi rstly focus on the recognition and the development by the EU Courts of the conditions which must be fulfi lled in order for the EU to incur liability for the acts of its institutions. It will be emphasised in this regard that, as the EU Courts’ case-law currently stand, the criteria for Union liability can differ, depending on a number of variables including whether the c...
My Master's Thesis is focused mainly on entrepreneur who decides to change the legal form of businness and to establish a limited liability company. For this reason I started with the characteristics of both legal forms of business firstly and then I stated all possible ways to establish limited liability company concernig legal, accounting and fiscal point of view. At the same time I was aiming to point out pros and cons of setting up a limited liability company which may affect the future p...
[Name removed] sued Mexicana de Aviacion S.A. de C.V. for liability after he was pricked in the leg by a hypodermic needle that was found in the plane's seat cushion. A Federal judge ruled that since liability claims resulting from injuries on international flights are covered by the Warsaw Convention, [name removed] could not recover more than $75,000 for his fear-of-AIDS liability lawsuit. The judge also stated that the Signature Support Corporation, a second defendant named in the case because they are subcontracted to clean Mexicana's planes, may also be covered by the Warsaw Convention.
ANDRA ROXANA ILIE
Full Text Available Although the criminal liability of corporations is now consecrated in Romanian for more than five years, there is however some reticence in engaging the liability of such person. Nonetheless, in the past years, it can be noticed an emergence of the files where the problem of the criminal liability of corporations is raised. The purpose of this paper is to present the main issues from the Romanian case law in this field. Several topics are to be mainly discussed, such as the enforcement of criminal sanctions such as the winding-up or the diffusion of the decision, the application of precautionary measures and interim measures against corporations, the possibility to call a corporation in the criminal trial both as accused and as third party called liable for other person’s acts etc. During this analysis, it can be noticed that the most common crimes perpetrated by corporations are related to employment issues, copyright, corruption, illegal drug trafficking etc. Therefore, the objectives pursued by the present study are to provide an approach on the most recent court decisions where criminal charges against corporations were carried out and to see how the relevant legal provisions were applied in these cases.
Rubio, J. F.
Full Text Available Professional performance in education is now calling the attention of researcher due to its role in the professionalizing process intended to increase international education standards. In this article the term professional performance is examined from the two socio-historic traditional roles involved in training the individuals as a bio-psychic and social entity: teachers and executive. By means of scientific methods, the author gives the theoretical grounds connecting professional performance, learning and individual capacity of using them in solving problem at his labor position. The professional performance is regarded as a human value that stimulates the activity. By predicting educational alternatives, the paper portraits a model of professional performance in education, referring the necessary actions needed for achieving the goals of education. Searching and discussing such alternatives leads to reinterpret professional problems and to find out ways of improving educational standards.
In Italy, Law n. 24 of 8 March 2017, Article 6, introduces in the current criminal code, Article 590 sexies entitled "Medical liability in case of death and personal lesions", which follows article 590 quinquies. The new article states that a healthcare professional who has acted in accordance with guidelines approved by the National Health Institute or, if no such guidelines exist, in accordance with good clinical practices, is not criminally liable in case of death or personal lesions due to actions that could be considered to be incompetent. We discuss criminal liability of health professionals in Italy in light of this new law, and decriminalization in case of adverse event due to incompetence, also in the context of medical care provided by different health professionals.
... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Patent and copyright... GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1327.201 Patent and copyright infringement liability. ...
... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Patent and copyright... INTERIOR GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1427.201 Patent and copyright infringement liability. ...
... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Patent and copyright... REGULATION GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 27.201 Patent and copyright infringement liability. ...
Brown II, Omer F.
The availability of such nuclear liability coverage has been a concern of nuclear power plant vendors, suppliers and operators, and public officials in the United States or many years. This paper addresses implications of the Federal Price-Anderson Act (42 U.S.C. 2014, 2020; Sections 11 and 170 of the Atomic Energy Act of 1954, as amended); on the financial liability of persons accountable for an accident in the United States. (author).
Bickel, W K; Snider, S E; Quisenberry, A J; Stein, J S
Understanding the abuse liability of novel drugs is critical to understanding the risk these new compounds pose to society. Behavioral economics, the integration of psychology and economics, can be used to predict abuse liability of novel substances. Here, we describe the behavioral economic concept of reinforcer pathology and how it may predict the use of novel drugs in existing drug-users and initiation of use in the drug-naive. © 2016 American Society for Clinical Pharmacology and Therapeutics.
Article by Dr Frank Wooldridge (University of Notre Dame, London) examining the German law pertaining to Executive Board or Director’s liabilities including joint liability, actions against directors and compromise of claim. Published in the Letter from … section of Amicus Curiae - Journal of the Institute of Advanced Legal Studies and its Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, Universit...
James, Mark; McArdle, David
This article analyses two recent English cases concerning the law on vicarious liability for acts of violence and considers their significance in respect of on-field acts of violence in contact sports. It provides an overview of how the law of negligence has developed in the specific context of sports injuries (including the application of the defence of volenti) and critiques the application of vicarious liability to sports cases. This is followed by a consideration of the wider law on vicar...
In this paper we consider that a representative of a not so affluent rural household has three options. He (she) may join in a microfinance system operating on the basis of individual liability credit contract, or on the basis of joint liability loan contract through forming self-help group or may not participate in any type of microfinance system. This paper establishes that wealthier among the not so affluent rural household prefers to join microfinance system operating on the basis of indi...
Dolan, Sean B; Gatch, Michael B
Dimethylamylamine (DMAA) is a component of many dietary supplements and has recently been associated with numerous adverse effects, prompting the US military and World Anti-Doping Agency to ban its use as a supplement. The current study aimed to elucidate the abuse liability profile of DMAA. Dose-response studies of DMAA were performed with Swiss-Webster mice in locomotor and conditioned place-preference assays. The discriminative stimulus effects of DMAA were investigated in Sprague-Dawley rats trained to discriminate either cocaine or methamphetamine from saline. DMAA produced dose-dependent locomotor depression and fully substituted for cocaine and partially substituted for methamphetamine. In the conditioned place-preference assay, DMAA produced an inverted-U-shaped dose-response curve, with intermediate doses producing significant place preference. The cocaine- and methamphetamine-like discriminative stimulus effects and the conditioned place preference produced by DMAA suggest that is has potential for abuse. These findings in combination with reports of substantial adverse effects of DMAA in humans suggest that control of DMAA may warrant further consideration. Copyright © 2014 Elsevier Ireland Ltd. All rights reserved.
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
Svider, Peter F; Blake, Danielle M; Sahni, Kiren P; Folbe, Adam J; Liu, James K; Baredes, Soly; Eloy, Jean Anderson
Meningitis is a potential complication in otolaryngologic procedures and conditions. Severe sequelae make understanding factors involved in relevant malpractice litigation critical. We analyze pertinent litigation for awards, outcomes, patient demographic factors, and other alleged causes of malpractice. Pertinent jury verdict and settlement reports were examined using the Westlaw legal database (Thomson Reuters, New York, NY). Twenty-three cases (60.5%) involved non-iatrogenic injuries, including inadequate treatment or failure to diagnose sinusitis or otitis media, while 15 (39.5%) involved iatrogenic cases, mostly rhinologic procedures. 36.8% of cases were resolved for the defendant, 28.9% with juries awarding damages, and 34.2% with settlements. Although not statistically significant, mean damages awarded were higher than settlements ($2.1 vs. 1.5M, p=0.056), and cases involving pediatric patients were more likely to be resolved with payment than those with adult litigants (80.0% vs. 52.2%, p=0.08 respectively). Other frequent alleged factors included permanent deficits (63.2%), requiring additional surgery (41.1%), death (34.2%), cognitive deficits (21.2%), deafness (15.8%), and inadequate informed consent (33.0% of iatrogenic cases). Practitioners facing litigation related to meningitis may wish to consider these findings, notably for cases involving death or permanent functional deficits, as cases with out of court settlements tended to be resolved with lower payments. Cases involving misdiagnosis may be more likely to be resolved with payment compared with iatrogenic cases. By understanding the issues detailed in this analysis and including them in the informed consent process for patients undergoing rhinologic and otologic procedures, otolaryngologists may potentially improve patient safety and decrease liability. © 2014.
Full Text Available ... to your doctor, nurse, pharmacist, dietitian, physical therapist, exercise physiologist or other healthcare professionals. Find a list ... Plan - Be Safe While Being Active - Stretching & Flexibility Exercises - Strength & Balance Exercises - Problems & Solutions for Being Active - ...
Full Text Available Operation of a nuclear installation is connected with the creation of long-term liabilities for spent fuel management and disposal, and also decommissioning of the installation (power plant, storages. This means that the operator will have to expend considerable amount of financial resources over a long period after the closure of installation. These financial resources will have to be created during operation of the installation. Related costs to be expended in future must be fully included in the price of electricity, in order to ensure fair competition among different operators. Financial resources for future coverage of liabilities must be continuously invested in order to compensate for inflation and to gain some real interest.Any failure by the operator to comply with its liabilities poses an economic and potentially an environmental hazard for operator’s country. Due attention must therefore be paid to assessing connected costs, defining liabilities and ensuring appropriate regulatory oversight. Appropriate measures must be well defined and firmly anchored in the legislation of countries operating nuclear installations. This paper reviews the basic principles that should ensure operator’s compliance their liabilities, and maps the current situation in the Czech Republic.
Bracke, Piet F; Colman, Elien; Symoens, Sara A A; Van Praag, Lore
...-level divorce rates--contribute to marital status differences in professional care-seeking behavior. We use data from the Eurobarometer 248 on mental well-being that was collected via telephone interviews...
Storm, Rasmus K.
Professional football in Europe is characterized by persistent deficits, growing debts and additional financial problems among the majority of the top league clubs. Despite these problems, these clubs have an abnormally high survival rate. This paper focuses on this apparent paradox and poses the...... in Europe, this paper argues that professional team sports clubs (PTSCs) are cases of an economic phenomenon normally found in socialist or post-socialist economies....
Baker, Thomas A., III; Connaughton, Daniel P.; Zhang, James J.
Millions of children in the United States participate in youth sports. The literature demonstrates that sexual abuse is a problem in sports. This study examined voluntary immunity statutes for all 50 states and the District of Columbia with the purpose of determining potential liability for recreational youth sport organizations for the pedophilic…
McMillen, J Curtis; Fedoravicius, Nicole; Rowe, Jill; Zima, Bonnie T; Ware, Norma
This study examined child welfare and mental health professionals' views of the quality of psychiatric services received by consumers of the child welfare system and explored root causes of perceived quality problems. One hundred and thirty child welfare, mental health and court professionals participated in qualitative interviews individually or in groups. Data analyses identified perceived problems in quality and perceived causes of quality problems. Participants in member checking groups were then asked to comment on and further clarify the results. The participants reported concerns related to overuse of psychotropic medication, overmedicated children, short inpatient stays, and continuity of psychiatric care. Overuse of psychotropic medications and overmedication were perceived to be driven by short evaluations, liability concerns, short inpatient stays and a lack of clinical feedback to psychiatrists from child welfare partners. Medicaid reimbursement policies were at the heart of several quality concerns. These problems contributed to a distrust of psychiatric practices among child welfare professionals. These findings underscore the adverse effects of modern marketplace medicine coupled with low Medicaid reimbursement rates on quality of care for vulnerable groups. Child welfare and mental health professionals and their associated stakeholders may together possess substantial clout to advocate for a reimbursement system and structure that promotes quality service. The findings also point to a crisis of credibility toward psychiatric practice among social service and other non-psychiatrist mental health professionals. Efforts are needed to increase the capacity for psychiatrists and child welfare professionals to communicate effectively with each other and for psychiatrists to receive the information that they need from their child welfare partners to ensure accurate diagnosis and effective treatment.
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.
Coetzee, Lodewicus Charl
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.
Yee Loon Mun
Full Text Available The objective of the paper is to investigate the effect of asset liability management on the financial performance of 6 conventional and 6 Islamic banks in Malaysia during the period of 2010 to 2013. The variables used in the study are capital adequacy, asset quality, management efficiency, earnings quality, liquidity, size of bank and degree of risk aversion in relation to asset liability management to examine the return on equity (ROE, which is the measure of profitability of the banks. The quantitative analysis using correlation and regression analysis concluded that there is a positive relationship between asset liability management and the financial performance of the banks.DOI: 10.15408/aiq.v9i1.3334
The article demonstrates that written standards for the basis of liability are playing an ever greater role relative to unwritten standards under tort law. It is noted that following the bank failures in the wake of the financial crisis in 2008, a significant number of cases are proceeding...... in Denmark in which liability for exorbitant sums is being imputed to members of the boeard of directors and management and external and internal accountants. The new Danish companies act in force from 1 March 2010 made no apparent change to the standards concerning liability. Nonetheless, the companies act...... emphasizes in various places that this or that is "the responsibility of the board of directors or management", and by emphasizing such legally defined focal points, the companies act is thus nevertheless instrumental in clarifying - and in the longer term perhaps to some degree increasing the stringency...
Lalo, A. [Nice Univ., 06 (France)
Full text of publication follows: a sociological sample survey was carried out with 1200 people living in the industrial area of Le Havre and its surroundings in Normandy where there is the greatest concentration of high risk industrial plants in France. The collected data was interpreted according to the German philosopher J. Habermas's political concept of 'public space' which formalizes the methods of democratic debate between citizens and authorities. The results show, according to the legal history of 'prudence', i.e. cautionary measures, that citizens do not reduce the liability for major technological accidents simply to the individual dimension, be it the fault committed or the error,of the company director as a person, but that they tend to insist on the 'risks' inherent to the complexity of modem production systems and to the dangerousness of the products used such as chemicals, oil or gas. The people questioned prefer the idea of 'shared responsibility'. The economic aspect of this notion of 'sharing' refers to the collective sharing of the costs for damages which corresponds to the legal principles of 'solidarity' and 'compensation' which, since the beginning of the 20. Century, have been a basis to the logic of 'insurance', and the government's policy emphasizing technical precaution and risk prevention. However, the ethical aspect of this notion of 'sharing' also, reveals the refusal of any impunity and shows that the attribution of responsibility is not to be 'diluted' into an anonymous collective entity. Emphasis is put neither on the individual person nor on the authorities as a whore, but rather on the system and positions within the organization. Between the paradigms of guilt and individual error on the one hand and collective solidarity and risk on the other hand, a third possibility may be seen which is systemic responsibility and
... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund Minority Contractors Utilization... Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund Minority Contractors Utilization...
Waxman, J M
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.
Those instruments that do, however, contain a liability regime, reveal serious flaws to the degree that not all categories of armed conflict are attended to and only criminal sanctions (with no civil liability) are envisaged, coupled with the significant failure to extend liability to States Parties. Some international instruments fail to ...
... civil liability provisions of sections 108 and 130 of the act. Effective Date Note: At 74 FR 5397, Jan..., incorporates by reference administrative enforcement and civil liability provisions of sections 108 and 130 of..., enforcement and liability. 226.1 Section 226.1 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF...
... 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... every three years from the year the limits of liability were last adjusted for inflation, the Director...
... INFORMATION: Section 4062 of the Employee Retirement Income Security Act of 1974, as amended, provides that... group (``the employer'') incur liability (``employer liability'') if the plan terminates with assets... 30 percent of the employer's net worth. Section 4062.6 of PBGC's employer liability regulation (29...
... 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... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Certain limited liability companies deemed...
Barry, Arden R; Pearson, Glen J
A recent trend among health care professionals is the use of social media for professional purposes. These rapidly expanding media allow for timely and efficient access to health information, but they also carry the potential for increased liability. There is a paucity of research detailing how health care professionals, specifically pharmacists, use social media. To characterize the use of social media by pharmacists in the Canadian province of Alberta and to identify independent determinants of and perceived barriers to using social media for professional purposes. Data for this mixed-methods study were collected by an online survey in March and April 2014. Alberta pharmacists were invited to participate via e-mail distributed by 2 professional organizations. The survey had 273 respondents. Of these, 226 (82.8%) stated that they had a social media account for either personal or professional purposes, and 138 (61.1%) of these reported using social media for professional purposes, although most respondents used social media predominantly for personal reasons. The most commonly reported social media applications were Facebook and Twitter, accessed primarily via smartphones. Of the 273 respondents, 206 (75.5%) had a Facebook account, and 101 (49.0%) of these used Facebook to some extent for professional purposes. Twitter users (104 [38.1%] of respondents) had a higher rate of professional utilization (57/104 [54.8%]). The most commonly identified barrier to using social media for professional purposes was concern over liability. Positive predictors of use of social media for professional purposes included younger age and fewer years of professional experience. Participants perceived the most beneficial aspect of social media (in professional terms) as connecting with pharmacist colleagues. More than 80% of pharmacists in Alberta reported that they had a social media account, and over half of them reported using their accounts for professional purposes. Although
Ilkhamova, M. U.; Gafurov, J. K.; Maksudova, U. M.; Vassiliadis, S.
At the present, the State authorities of the Republic of Uzbekistan pay special attention to the development of small and medium businesses and, in particular, to the enterprises oriented on manufacturing products with high added value. The leather and footwear industry of Uzbekistan is one of the dynamically developing sectors of economy. However, the study of the situation demonstrates that the increase in number of small and medium footwear and leather enterprises that have taken place in recent years, is not accompanied by a formation of corresponding professional training system for the enterprises, especially for associate specialists. The analysis of the legal base disclosed that the professional training level in footwear industry enterprises does not meet the up-to-date manufacturing requirements. The study is devoted to the issues of professional training of practice-oriented staff – the specialists for small enterprises of footwear and leather industry. The main task is the development of new vocational courses and programs for the training and professional development of personnel at all levels. The basic stages of complete staff training cycle for footwear sector have been determined based on the practical experience of staff training for small footwear enterprises in Greece. The 3-6 months duration short-term courses recommended for associate and medium level specialists have been developed and evaluated.
Mistiaen, P.; Poot, E.
Objectives: To determine the effects of follow-up telephone calls (TFU) in the first month post discharge, initiated by hospital-based health professionals, to patients discharged from hospital to home, with regard to physical and psycho-social outcomes in the first three months post discharge. The
Full Text Available The article is devoted to promising areas of research regulatory processes (self-control оf the professionals working in special and extreme conditions of professional activity. The actuality of creation a comprehensive compact of the selection methods, adaptation the technologies to professional tasks, methods of psychological assistance of the specialists of hazardous occupations was shown. It was done an overview of foreign studies of the features of psychological regulation and self-control in stressful situations, neurophysiological correlates of self-control and aggressive behavior. The results of trainings of the development of the capacity for self-control, increasing resistance to the negative effects of mental exhaustion, were described. There were expounded the results of domestic investigations of the association between the self-regulation of behavior and profile of reactivity among mentally healthy and ill persons. The necessity of the development of psychodiagnostic and psychological programs for specialists in the professions of risk, aimed to improve the efficiency of regulatory processes for the adaptation to the conditions of professional activity.
Mistiaen, P.; Poot, E.
OBJECTIVES: To determine the effects of follow-up telephone calls (TFU) in the first month post discharge, initiated by hospital-based health professionals, to patients discharged from hospital to home, with regard to physical and psycho-social outcomes in the first three months post discharge. The
This increase in complexity has provided an impetus for the investigation into integrated asset- and liability-management frameworks that could realistically address dynamic portfolio allocation in a risk-controlled way. In this paper the authors propose a multi-stage dynamic stochastic-programming model for the integrated ...
Liability, from a legal point of view, is a person's obligation to answer for their actions or inactions and the resulting consequences. This can lead, if there is fault and injury resulting from this fault, to the need for financial compensation or a prison sentence.
Introduction. Amidst deteriorating road safety and increased motor vehicle accidents, litigations involving Article 2081 et seq. of the Ethiopian Civil Code appear to have increased in the last few years. Interesting court decisions involving, among other things, the scope of the strict liability rules of the Ethiopian extra-.
Reviews the legal concept of "failure to train to standard" from the context of law enforcement. Responsibility for training is discussed, case examples and examples of monetary judgments are given, and recommendations for preventing and limiting liability for failure to train to standard are presented. (16 references) (LRW)
With the adoption and subsequent national implementation of the E-Commerce Directive’s safe harbour regime, the architecture set up in Europe for the civil liability of internet intermediaries for the copyright infringements of others has become two-tiered: at a first stage, it is necessary to
Whether a civil lawsuit based on tort law will succeed or not depends on the type of tort ... considerably above that at which civil liability may be incurred. Traditionally it has .... “Standard” in hospitals or other health facilities includes procedures, guidelines, accepted usages and principles …etc. Article 2031. (1) A person ...
Horváth, Ferenc; de Jong, Frank; Werker, Bas
We survey the literature on robust dynamic asset allocation with an emphasis on the asset-liability management of pension funds. After demonstrating the difference between risk and uncertainty (Section 1), we introduce two levels of uncertainty: parameter uncertainty and model uncertainty (Section
Feng, Y.; Mol, A.P.J.; Lu, Y.L.; He, G.Z.; Koppen, van C.S.A.
China started the trial application of Environmental Pollution Liability Insurance in 2008, as part of a wider development of using market actors and market mechanisms in mitigating environmental pollution. Around the world and in China two main patterns of local pollution insurance practices can be
... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false What limitations exist on liability? 370.26 Section 370.26 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY BUREAU OF THE PUBLIC DEBT ELECTRONIC TRANSACTIONS AND FUNDS...
... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false What limitations exist on liability? 370.15 Section 370.15 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY BUREAU OF THE PUBLIC DEBT ELECTRONIC TRANSACTIONS AND FUNDS...
... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false What limitations exist on liability? 370.41 Section 370.41 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY BUREAU OF THE PUBLIC DEBT ELECTRONIC TRANSACTIONS AND FUNDS...
... INSOLVENCY, REORGANIZATION, TERMINATION, AND OTHER RULES APPLICABLE TO MULTIEMPLOYER PLANS DUTIES OF PLAN... in insolvency proceedings. The plan sponsor shall value an outstanding claim for withdrawal liability... title 11, United States Code, or any case or proceeding under similar provisions of state insolvency...
Heath, C.; Kamperman Sanders, A.W.J.
With reports from all major jurisdictions where the responsibility of facilitators and intermediaries for copyright and trade mark infringement have been litigated, this very useful book is the first comprehensive global survey of the liability regime that intermediaries may face when assisting
R.J.F.M. Castro Bernieri (Rosa)
textabstractThis book examines alternative ways of protecting patent rights using the law and economics framework of property and liability rules. Traditional compulsory licenses are compared with the most recent discussions on the choice between granting or denying injunctive relief
The focus of this article is liability of higher education institutions for off-campus housing. In the off-campus housing context, the "assumed duty" theory was determinative in a 2006 Delaware Supreme Court case. A student was assaulted by the boyfriend of another student in the parking lot of off-campus housing. The housing was…
Rizo, Mike; Seamon, Matthew
This article summarizes a practicing pharmacist's take on the liability of pharmacists in current pharmacy practice. The author, who feels that compounding pharmacists should be held to the same standards as other healthcare providers in civil litigations, provides a look at what he considers "entrapment" by way of legal double standards between independent pharmacy and big pharma.
... 26 Internal Revenue 15 2010-04-01 2010-04-01 false Liability for tax. 31.3403-1 Section 31.3403-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE Collection of...
... 26 Internal Revenue 15 2010-04-01 2010-04-01 false Liability for employer tax. 31.3111-4 Section...) EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE Federal Insurance Contributions Act (Chapter 21, Internal Revenue Code of 1954) Tax on Employers...
... HUMAN SERVICES Food and Drug Administration Science of Abuse Liability Assessment; Public Workshop AGENCY: Food and Drug Administration, HHS. ACTION: Notice of public workshop; request for comments. The Food and Drug Administration (FDA) is announcing a public workshop to discuss the science of abuse...
Peak, Daniel A.; O'Hara, Michael J.
Examines liability incurred by university-sponsored information technology internships and consulting relationships with the business community. In these outreach engagements, the university takes the role of primary insurer for the business client and provides an indemnity shield for the university's representatives. As the number of engagements…
In 2002 the Supreme Court of Appeal ruling in Afrox Healthcare Beperk v. Strydom held that the common law allows hospitals to exclude liability for medical malpractice resulting in death or physical or psychological injury – except in the case of gross negligence. The effect of this judgment has now been superseded by the ...
... 40 Protection of Environment 16 2010-07-01 2010-07-01 false Liability for violations. 80.23 Section 80.23 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS... the corporate, trade, or brand name of a gasoline refiner or any of its marketing subsidiaries appears...
Geelhoed, Willem; Zimmermann, Frank
Dutch criminal law does not provide for criminal liability for a political decision-maker who decides to build a bridge, if thereafter the project runs out of control or the bridge appears not to justify the funds spent on the project. This is most probably even the case if the decision-maker knew
Article 17 or 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
Bearing in mind that a principal rationale of tort law is to ensure that prejudiced parties are compensated for losses suffered, this article explains why it is necessary to assess and review applicable principle of liability in Nigeria to ensure that it is in line with the demands of justice, which should be in conformity with the ...
Full Text Available Purpose: the main task of this scientific research is to study the problem of public danger, which arises as a result of the capture or hijacking of an aircraft. The problems of criminal responsibility for this socially dangerous act have been studied in this article. Methods: optimization of the legislation providing for criminal liability for this crime in accordance with the criminal legislation of Ukraine. Results: the socially dangerous consequences resulting from the seizure or hijacking of an aircraft were investigated. The issues of delimitation of socially dangerous acts that constitute the objective side of this crime are investigated. Discussion: objective and subjective signs of the crime, the main international normative acts aimed at ensuring aviation security, compliance of the norms of domestic criminal legislation with international norms and standards in the field of aviation security.
Evelio F Machado Ramírez
Full Text Available El presente artículo tiene como propósito realizar un análisis de diversas definiciones que se han otorgado al concepto investigación para llegar a reformularlo desde una perspectiva aplicable a los propósitos del estudio. Especial énfasis además se presta a la fundamentación de la habilidad solucionar problemas (profesionales como habilidad investigativa compleja de mayor nivel de integración en el ámbito de formación del profesional de la educación superior; y en su primera y externa representación, el modelo y los eslabones que la componen, los cuales se constituyen en el escenario propicio para la dirección del proceso enseñanza-aprendizaje en función de su desarrollo.This article analyzes various definitions of research so as to re-express it from a viewpoint related to this study. The foundations of the professional problem solving skill are specially emphasized as a complex research skill of a higher integration level within professional formation in higher education. Herein, we present the model and links of professional problem solving, which promote the development of the teaching-learning process direction.
Diana Lucia de Almeida
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.
Lacroix, C A; Wilson, J F
Harassment based on gender violates the rule of workplace equality established by Title VII of the Civil Rights Act and enforced by the EEOC. In 1986, the US Supreme Court, in Meritor Savings Bank v Vinson, established the criteria that must be met for a claim of hostile environment sexual harassment to be considered valid. Plaintiffs must show that they were subjected to conduct based on their gender, that it was unwelcome, and that it was severe and pervasive enough to alter their condition of employment, resulting in an abusive working environment. There have been few sexual harassment cases involving veterinary professionals, and it is our goal to help keep the number of filed actions to a minimum. The most effective way to avoid hostile environment sexual harassment claims is to confront the issue openly and to adopt a sexual harassment policy for the practice. When it comes to sexual harassment, an ounce of prevention is unquestionably worth a pound of cure.
... 26 U.S.C. (a) In general. The appropriate TTB officer may compromise any civil or criminal liability... liability. (b) Scope of compromise agreement. A compromise agreement may relate to civil or criminal.... However, acceptance of an offer in compromise of a civil liability does not remit a criminal liability...
... partnership. A similar rule applies to other related party transactions involving liabilities to the extent...; special rules relating to liabilities. 1.707-5 Section 1.707-5 Internal Revenue INTERNAL REVENUE SERVICE...-5 Disguised sales of property to partnership; special rules relating to liabilities. (a) Liability...
Ethel Leonor Noia Maciel
Full Text Available Este artigo tem o objetivo de contribuir para o debate sobre a transmissão nosocomial da TB em profissionais de saúde em um país onde esta é endêmica. Verificamos que até 1900 não se aceitava que os profissionais envolvidos no cuidado de pacientes portadores de TB pudessem ser mais susceptíveis à infecção pelo bacilo que a população geral. Vários estudos entre 1920 e 1930 apresentaram achados significativos nas taxas de conversão do teste tuberculínico dos estudantes da área de saúde, mas a maioria dos clínicos continuava se recusando a reconhecer a suscetibilidade dos profissionais de saúde em relação à TB. Nos diferentes locais onde o cuidado ao paciente com TB foi implantado, os profissionais de saúde são descritos como uma população especialmente exposta ao risco de contrair a infecção e adoecer. É urgente que a comunidade científica e os trabalhadores de saúde se organizem, que se reconheçam como uma população sujeita ao risco de adoecimento, e que ações se efetivem no sentido de minimizar os riscos potenciais nos locais onde acontece o cuidado a pacientes com TB.The objective of this review was to contribute to the debate on the nosocomial transmission of TB among health professionals in a country where TB is endemic. Prior to 1900, there was no reason to believe that health professionals interacting with TB patients were more susceptible to becoming infected with the bacillus than was the general population. Between 1920 and 1930, various studies showed significant findings regarding the rates of positive tuberculin skin tests among students in the area of health care. However, most clinicians remained skeptical about the susceptibility of health professionals to becoming infected with TB. In the various locales where the treatment of patients with TB has been implemented, health professionals have been described as an especially predisposed population to becoming infected with and developing active TB
Park, Junmo; Seo, DeokSeok
The defect lawsuit of the apartment which is the representative residential style of Korea continues and becomes a social problem. In the defect lawsuit, the term of warranty liability is a period that can demand the defect repair according to defect occurrence, and the exclusion period of the exercise of rights. However, the term of warranty liability stipulated in relevant laws such as Enforcement Decree of the Housing Act is being changed arbitrarily, without any established grounds. Therefore, a reasonable standard for establishing the term of warranty liability is required. In this study, the defects of water supply, drainage and sanitation arrangement work were studied. As a result of analyzing the number of defect occurrence in the apartment, it was shown that the defects in water supply, drainage and sanitation arrangement work occurred more than 80% in the 1st ∼ 2nd year after completion. However, the occurrence of defects from the 3rd year was extremely slight. On the other hand, it was confirmed that the defect occurrence continued until fairly late point of time as the end point of time of the defects was in the 7th to 9th years.
Full Text Available In this scientific article is presented french professional car language, also it is analysed a problem of teaching professional language at the technical university. It is presented lot of methods which help student to acquire language skills and also it is presented importance of dialog between student and teacher. Psychology and pedagogy are 2 sciences strong related in teacher’s work.
Full Text Available The quality of transportation se1vices understands quickness,accuracy and safety at minimal costs for the carrier andthe service user. Possible emergency situations may bring substantialmaterial and business damage both to the service userand to the transportation service provider. Carrier's liability insurancegives the carrier security in case of evidenced full orpartial loss or damage of goods, as well as in case of delay in delivery.The insurance allows annulment of carrier's costs generatedby emergency situations which favourably affects the operationof transportation companies and allows maintenance ofthe quality of the carrier's se1vices. The work analyses the presenceof can·ier's liability insurance in the Republic of Croatia atfive insurance companies, through the analysis of the totalnumber of insurances and the number of insured vehicles, followingthe trend in this type of insurance and its influence onthe quality of the carrier services.
Full Text Available At European level crime among children represents a contemporary issue and in Romania, the philosophy of the new penal code approved by Law No 286/2009 is shaped around punishment. Prevention policy in Romania and juvenile justice objectives relative to age criteria outlines two different legal manners to address children's liability under the law. One is targeting the category of children between 0 and 14 years of age, which consideres the absolute inability of criminal responsibility and one that provides criminal liability starting from the age of 14. The sensitivity of the issue of children involved in unlawfull acts and the inventory of responses to it brought me to the necessity of research the types of approach and diversity of social services built around this target group.
Phillips, K.; Matheny, A.P. Jr. [Univ. of Louisville Medical School, KY (United States)
A threshold model of latent liability was applied to infant and toddler twin data on total count of injuries sustained during the interval from birth to 36 months of age. A quantitative genetic analysis of estimated twin correlations in injury liability indicated strong genetic dominance effects, but no additive genetic variance was detected. Because interpretations involving overdominance have little research support, the results may be due to low order epistasis or other interaction effects. Boys had more injuries than girls, but this effect was found only for groups whose parents were prompted and questioned in detail about their children`s injuries. Activity and impulsivity are two behavioral predictors of childhood injury, and the results are discussed in relation to animal research on infant and adult activity levels, and impulsivity in adult humans. Genetic epidemiological approaches to childhood injury should aid in targeting higher risk children for preventive intervention. 30 refs., 4 figs., 3 tabs.
Goldstein, Jennifer N; Zhang, Zugui; Schwartz, J Sanford; Hicks, LeRoi S
Medicare beneficiaries hospitalized under observation status are subject to cost-sharing with no spending limit under Medicare Part B. Because low-income status is associated with increased hospital use, there is concern that such beneficiaries may be at increased risk for high use and out-of-pocket costs related to observation care. Our objective was to determine whether low-income Medicare beneficiaries are at risk for high use and high financial liability for observation care compared with higher-income beneficiaries. We performed a retrospective, observational analysis of Medicare Part B claims and US Census Bureau data from 2013. Medicare beneficiaries with Part A and B coverage for the full calendar year, with 1 or more observation stay(s), were included in the study. Beneficiaries were divided into quartiles representing poverty level. The associations between poverty quartile and high use of observation care and between poverty quartile and high financial liability for observation care were evaluated. After multivariate adjustment, the risk of high use was higher for beneficiaries in the poor (Quartile 3) and poorest (Quartile 4) quartiles compared with those in the wealthiest quartile (Quartile 1) (adjusted odds ratio [AOR], 1.21; 95% confidence interval [CI], 1.13-1.31; AOR, 1.24; 95% CI, 1.16-1.33). The risk of high financial liability was higher in every poverty quartile compared with the wealthiest and peaked in Quartile 3, which represented the poor but not the poorest beneficiaries (AOR, 1.17; 95% CI, 1.10-1.24). Poverty predicts high use of observation care. The poor or near poor may be at highest risk for high liability. Copyright © 2018 Elsevier Inc. All rights reserved.
Thibierge, M; Fournier, L; Cabanis, E A
Radiologists are liable for all aspects of their practice, from the indication of an examination to the radiology report and follow-up, as well as for providing information and recommendations. They are liable for their decisions and actions. They are liable for their competence and continuous medical education. They are also liable for their own equipment and staff. In cases of litigation, the liability of a radiologist may be questioned. Four types of procedures must been known: penal, civil, administrative and disciplinary.
Aicher, R H
Endorsements designed to sell products are most effective when the endorser is a celebrity or an expert. If such endorsements contain misrepresentations, the endorser risks personal liability. For products related to health and safety, endorsements are subject to evaluation by reliable independent sources. In a number of high-profile cases, the Federal Trade Commission determined that endorsers must have a reasonable basis for their representations. (Aesthetic Surg J 2001;21:373-374.).
In the last years doctors have been the target of a growing number of civil, criminal law suits, as well as ethical procedures. Medicine is a widely targeted career, not only owing to its inherent risks, but also owing to a mistaken approach of the Judiciary Power about the obligations of medical doctors. Decisions of the Medical Board in ethical procedures have an impact in civil and criminal justice and therefore should be followed closely. The purpose of this review is to provide a wide view from a doctor-lawyer perspective of cases involving civil, criminal liability of anesthesiologists as well as ethical procedures against them, in an effort to make them comprehensible to doctors. After a brief historical introduction civil liability foundations and legal articles are examined. Responsibilities of doctors, hospitals and health insurance providers are discussed separately, as well as reparation mechanisms. Crimes possible to occur during medical practice and respective penalties are described; the direct relationship between crime and civil reparation is demonstrated. The administrative nature of ethical procedure is described, emphasizing that the legal character of its penalties often serve as grounds for civil and criminal justice decisions. Prevention is still the best medicine. Good medical practice and a good medical-patient relationship are still the best ways to minimize lawsuits and their repercussions. Doctors should have some knowledge of juridical mechanisms in lawsuits and ethical procedures, but should not take defense initiatives without prior consultation of an attorney. Civil, criminal and ethical liability of physicians.
Germán Valencia Martín
Full Text Available This paper analyzes the last judgments in the case of the Aznalcóllar mines (or Boliden case. A well-known event in Spain that produced significant environmental damage, and that, having occurred before the new Law on Environmental Liability and to be resolved under the previous legislation, is causing countless problems for reimbursement of the substantial expenditures invested by the Spanish Public Administration inrepairing the damage. Posed a negative conflict of jurisdiction between civil and administrative courts, the Special Chamber of Conflicts of Jurisdiction of the Supreme Court has just returned the matter back to the former. To the author, it is, however, a false or apparent conflict, because of loopholes in that previous law, fortunately overcome for the future.
Full Text Available Objectives: This study was conducted to evaluate knowledge, attitude and practice of Adverse Drug Reactions (ADR reporting among Healthcare Professionals.Methods: A cross-sectional study was done by survey using questionnaire. Questionnaire was distributed to 260 healthcare professionals working at M.R. Medical College and S Nijalingappa Institute of Dental Sciences, Kalaburagi, India.Results: Out 260 people 221 provided the response, giving a response rate of 85%. Among respondents 69.68% were Doctors, 23.53% were Nurses and 6.78% were Pharmacists. 71% of the healthcare professionals knew what are ADRs, 62.4% knew what is pharmacovigilance, 35.7% were aware of Pharmacovigilance Programme of India (PvPI and 21.7% knew nearest pharmacovigilance center. 50.2% had seen patients experiencing ADR out of which only 8.1% of them have reported ADR to the concerned unit. 72.4% feel that all the cases of ADR should be reported irrespective of seriousness. Concern that report may be wrong and fear of legal liability were the main factors discouraging them for reporting ADR. Local coordination, Financial Support, ADR reporting awareness programmes were the major expectations from respondents.Conclusion: Healthcare professionals working at HKE Society’s M.R. Medical College and S Nijalingappa Institute of Dental Sciences have positive attitudes towards ADR reporting. However knowledge regarding ADR reporting among Doctors is superior to that of Nurses and Pharmacists, awareness programmes can overcome this problem. But the practice of ADR reporting is poor among all Healthcare professionals.
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...
Jang, Insil; Kim, Yuna; Kim, Kyunghee
To identify the relationship between professionalism and professional quality of life among oncology nurses working at tertiary hospitals in Korea. Oncology nurses are combined with core competencies and qualities required in cancer patient care. Professionalism that means compassion satisfaction and compassion fatigue is a main concept in problem-solving strategies as motivation. Their satisfaction is representative of professionalism and professional quality of life. However, little research has focused on professionalism and professional quality of life. A cross-sectional study with self-administered questionnaires. A total of 285 nurses from two tertiary hospitals were included. Data collection was undertaken using Korean version of professionalism scale derived from the Hall Professional Inventory Scale and professional quality of life. Data were analysed by spss 21.0 for Windows Program using t-test, anova, and multiple regression. The mean score of professionalism in oncology nurses was 77·98 ± 7·31. The mean professional quality of life score for compassion satisfaction, compassion fatigue and secondary traumatic stress was 33·84 ± 5·62, 28·38 ± 5·36 and 28·33 ± 5·48. Compassion satisfaction was affected by factors of professionalism with an explanatory power of 49·2%. Burnout and secondary traumatic stress were affected by factors of professionalism with an explanatory power of 39·3% and 4·8%. The higher the professionalism leads to the higher the compassion satisfaction, the lower the compassion fatigue. The relationship between professionalism and professional quality of life for a health work environment requires further investigation. Our study supports the idea that enhancing professionalism can increase professional quality of life. It is necessary to develop professionalism by recognised qualifications and applied rewards in advanced nursing organisational culture. Furthermore, compassion satisfaction is increased by
WaterSense recognizes certification programs for irrigation professionals that meet the specification criteria. Certification programs cover three areas: irrigation system design, installation and maintenance, and system auditing.
Mohammad Fathi Shahta Ebrahim
Full Text Available Medical errors that result in the harm or death of patients are still a major problem in health sectors all over the world. Identifying the cause of a medical error can be a difficult task because a large number of medical procedures involve the intervention of a number of medical experts. Consequently, it can also be difficult to identify the individual responsible for a medical error. In addition to this, further complications arise when there are a number of medical errors made by numerous individuals that result in the harm or death of a patient. Taking this into account, laws, regulations, and judicial procedures must be effective enough to overcome the complexity of these cases and ensure that those responsible for medical errors are correctly identified and appropriately judged. This paper presents two topics: The first is a discussion of general laws related to cases involving multiple medical errors, and the second is an examination of the applications of these laws in cases involving multiple medical errors from Saudi and Egyptian law. This study found that when multiple medical errors made by a number of individuals contribute to the harm or death of a patient, then it is a legal obligation to hold each of those individuals responsible for the resulting harm or death caused.
Greenwade, L.E.; Overlin, T.K.
The utilization of high resolution image processing allows forensic analysts and visualization scientists to assist detectives by enhancing field photographs, and by providing the tools and training to increase the quality and usability of field photos. Through the use of digitized photographs and computerized enhancement software, field evidence can be obtained and processed as `evidence ready`, even in poor lighting and shadowed conditions or darkened rooms. These images, which are most often unusable when taken with standard camera equipment, can be shot in the worst of photographic condition and be processed as usable evidence. Visualization scientists have taken the use of digital photographic image processing and moved the process of crime scene photos into the technology age. The use of high resolution technology will assist law enforcement in making better use of crime scene photography and positive identification of prints. Valuable court room and investigation time can be saved and better served by this accurate, performance based process. Inconclusive evidence does not lead to convictions. Enhancement of the photographic capability helps solve one major problem with crime scene photos, that if taken with standard equipment and without the benefit of enhancement software would be inconclusive, thus allowing guilty parties to be set free due to lack of evidence.
Irina A. Levitskaya
Full Text Available The search of conditions for future specialist’s professional position molding is crucial nowadays. This article discloses the features of “position” notion essence in the context of professional self-determination, analyses the problems of future specialist’s professional development in terms of topical social and professional objectives solution, considers debatable issues of professional development as an integral continuous process of future specialist’s personality formation. The stages of personality professional molding are elaborated. The author determines the relation of professional position with different types of positions (social, personal, role-based. It is mentioned that professional position is determined by professional attitudes and characterizes person’s system of stable value relations towards future professional activities. The relation between the professional position molding and the professional orientation, determining person’s peculiarly experienced selective attitude towards reality, influencing his/her activity is emphasized
Al-Krenawi, Alean; Graham, John R; Al-Bedah, Eman A; Kadri, Hafni Mahmud; Sehwail, Mahmud A
This study is the first to use identical data collection processes and instruments in Egypt, Kuwait, Palestine, and Israeli Arab communities regarding help-seeking behaviors and attitudes towards perceived cultural beliefs about mental health problems. Data is based on a survey sample of 716, undergraduate students in the 4 countries, 61% female and 39% male. Results indicate that respondents within the various countries, based on nationality, gender and level of education, vary in terms of recognition of personal need, beliefs about mental health problems (i.e. stigmatization), and the use of traditional healing methods versus modern approaches to psychiatric therapy. The conclusion discusses differences between our respondents' expectations and prevailing mental health service provision and delivery.
Lesnichii, V. V.; Petrov, N. V.; Cheremkhin, P. A.
The possibility of using commercial digital cameras that support image saving in the RAW format in scientific applications for measuring spatial intensity distributions in different ranges of the visible spectrum is considered. Spectral characteristics of photo sensors were measured for three digital cameras: Canon EOS 1000D, Nikon D50, and Nikon D90. Ways of applying spectral characteristics in problems of improving the quality of multicolor digital holograms are considered.
Chervenak, Frank A; McCullough, Laurence B; Brent, Robert L
The challenges physician leaders confront today call to mind Odysseus' challenge to steer his fragile ship successfully between Scylla and Charybdis. The modern Scylla takes the form of ever-increasing pressures to provide more resources for professional liability, compliance, patient satisfaction, central administration, and a host of other demands. The modern Charybdis takes the form of ever-increasing pressures to procure resources when fewer are available and competition is continuously increasing the need for resources, including managed care, hospital administration, payers, employers, patients who are uninsured or underinsured, research funding, and philanthropy. This publication provides physician leaders with guidance for identifying and managing common leadership challenges on the basis of the professional responsibility model of physician leadership. This model is based on Plato's concept of leadership as a life of service and the professional medical ethics of Drs John Gregory and Thomas Percival. Four professional virtues should guide physician leaders: self-effacement, self-sacrifice, compassion, and integrity. These professional virtues direct physician leaders to treat colleagues as ends in themselves, to provide justice-based resource management, to use power constrained by medical professionalism, and to prevent and respond effectively to organizational dysfunction. The professional responsibility model guides physician leaders by proving an explicit "tool kit" to complement managerial skills. Copyright © 2013 Mosby, Inc. All rights reserved.
Austin, David; Alberini, Anna
This paper explores the issue of whether strict liability imposed on polluters has served to reduce uncontrolled releases of toxics into the environment. Strict liability should create additional incentives for firms to handle hazardous substances more carefully, thus reducing the future likelihood of uncontrolled releases of toxics. However, the size of these incentives may vary according to the size of a firm's assets, since asset size is the ultimate limit on a firm's liability. We are the...
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 c...
Yetty Komalasari Dewi
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.
Tampus, Reinholdgher; Yoon, Seong Shoon; de la Pe?a, June Bryan; Botanas, Chrislean Jun; Kim, Hee Jin; Seo, Joung-Wook; Jeong, Eun Ju; Jang, Choon Gon; Cheong, Jae Hoon
The emergence and use of synthetic cannabinoids have greatly increased in recent years. These substances are easily dispensed over the internet and on the streets. Some synthetic cannabinoids were shown to have abuse liability and were subsequently regulated by authorities. However, there are compounds that are still not regulated probably due to the lack of abuse liability studies. In the present study, we assessed the abuse liability of three synthetic cannabinoids, namely JWH-030, JWH-175,...
Fagulha, T; Dana, R H
This paper describes the history and current status of professional psychology in Portugal where a unique perspective combines training, research, and practical contributions from Europe and the Americas with their own history of psychological tradition and expertise. Training in professional psychology includes Social Psychology and Educational and Vocational Guidance specializations in addition to Clinical Psychology and Psychotherapy and Counseling for the professional degree, Licenciatura. Advanced degrees are offered in Environmental Psychology, Career Development, Social Cognition, and other areas, primarily for academic positions. Research in all of these areas is expected to have applied outcomes that contribute to individual well being and an improved quality of life for the entire population. The result has been a rapid development of an indigenous professional psychology to address mental health, social, and environmental concerns that compel psychological attention and resources worldwide as well as those problems of local and national origins.
Full Text Available This article claims that liability of supervisors, given the arguments in favour and against liability, should be treated as a regular form of civil law liability (either in tort or contract. The rules regarding the existence and content of the duty of care are well equipped to deal with that topic fairly and justly, thus preventing undesirable or unreasonable outcomes. There is no sufficiently compelling reason to deviate from these generally applied rules or to accept immunity for supervisors. The system of tort law is well capable of avoiding the award of too much compensation too fast, as the conditions for liability are not easily fulfilled.
Selić, Polona; Petek, Davorina; Serec, Masa; Makovec, Maja Rus
The aim of this study was to test the association between self-rated health status (i.e. psychological and interpersonal welfare, physical health, coping mechanisms) and absence from work due to illness in the Slovenian armed forces. 390 military personnel were included in the study. Two groups of soldiers, healthy (G1-H) and sick/less healthy (G2-S), were created according to the median value of their annual sick leave. A third group consisted of soldiers on a mission (G3-M). A background questionnaire (demographic data, lifestyle habits, a list of life problems and a list of health problems in the last three years), a Self-Rated Health Scale and the Folkman-Lazarus Ways of Coping Questionnaire were administered. Self-rated physical health was best in group G1-H and worst in G2-S, with differences between the groups being statistically significant. No gender differences were found either between the groups or in the whole sample. The most common coping strategies amongst all the soldiers were found to be problem solving, positive re-evaluation of the situation and self-control. The groups differed only in their use of the distancing strategy. The self-rated health of all the participants was found to be in strong negative correlation with the escape/avoidance coping strategy. In group G2-S, more soldiers assessed their health as poor; the differences between the groups were statistically significant. Strong positive correlations between self-rated health and satisfaction with interpersonal relationships were found. Self-rated health was found to be significantly associated with the quality of interpersonal relationships and the socio-economic and psycho-physical conditions of the soldiers.
Full Text Available Since 2013, the authors’ Japanese team in the Department of Science Education at Shizuoka University has held trials of STEM Education in informal fields as participatory action research (e.g., Science museum in Shizuoka, Lifelong Learning Center in Fujieda City, and STEM Summer camp for the preparation for implementing STEM education in public schools and for proposing science education reform in a Japanese context. Problems in preparing STEM lessons include numerous new instructional materials and programs and emerging specialized schools. In addition, while most of these initiatives address one or more of the STEM subjects separately, there are increasing calls for emphasizing connections between and among the subjects (Honey, Pearson and Schweingruber, 2014. Unfamiliar problems for Japanese teachers are, What is Engineering? What is Design? and How can they be implemented in lessons? While gathering STEM learning materials to implement in their STEM Summer Camp, the authors noticed a pattern with which to develop a STEM lesson and developed a template “T-SM-E” in reference to prior STEM studies. After the STEM Summer Camp, the authors introduced the model in the pre-service teacher preparation program. As a result, the authors received suggestions about how teachers can develop integrated STEM lessons, how undergraduate (UG teachers can implement it in their lessons, and how teachers can assess student learning in their STEM lessons. From standard based student assessments and reflections written by the UG teachers, the authors found that it was difficult for the UG teachers to include technology in their lessons, and their assessment also indicated that the students did not show performance proficiency in technology. The authors discuss this existing problem in the Japanese education system.
Pu, Chengyi; Addai, Bismark; Pan, Xiaojun; Bo, Pangtuo
The environmental catastrophic accidents in China over the last three decades have triggered implementation of myriad policies by the government to help abate environmental pollution in the country. Consequently, research into environmental pollution liability insurance and how that can stimulate economic growth and the development of financial market in China is worthwhile. This study attempts to design a financial derivative for China's environmental pollution liability insurance to offer strong financial support for significant compensation towards potential catastrophic environmental loss exposures, especially losses from the chemical industry. Assuming the risk-free interest rate is 4%, the market portfolio expected return is 12%; the financial asset beta coefficient is 0.5, by using the capital asset pricing model (CAPM) and cash flow analysis; the principal risk bond yields 9.4%, single-period and two-period prices are 103.85 and 111.58, respectively; the principal partial-risk bond yields 10.09%, single-period and two-period prices are 103.85 and 111.58, respectively; and the principal risk-free bond yields 8.94%, single-period and two-period prices are 107.99 and 115.83, respectively. This loss exposure transfer framework transfers the catastrophic risks of environmental pollution from the traditional insurance and reinsurance markets to the capital market. This strengthens the underwriting capacity of environmental pollution liability insurance companies, mitigates the compensation risks of insurers and reinsurers, and provides a new channel to transfer the risks of environmental pollution.
Schaffer, Adam C; Puopolo, Ann Louise; Raman, Supriya; Kachalia, Allen
An increasingly large proportion of inpatient care is provided by hospitalists. The care discontinuities inherent to hospital medicine raise concerns about malpractice risk. However, little published data exist on the medical liability risks associated with care by hospitalists. We sought to determine the risks and outcomes of malpractice claims against hospitalists in internal medicine. Retrospective observational analysis. Using claims data from a liability insurer-maintained database of over 52,000 malpractice claims, we measured the rates of malpractice claims against hospitalists compared to other physician specialties, types of allegations against hospitalists, contributing factors, and the severity of injury in and outcomes of these claims. Hospitalists had a malpractice claims rate of 0.52 claims per 100 physician coverage years (PCYs), which was significantly lower than that of nonhospitalist internal medicine physicians (1.91 claims per 100 PCYs), emergency medicine physicians (3.50 claims per 100 PCYs), general surgeons (4.70 claims per 100 PCYs), and obstetricians-gynecologists (5.56 claims per 100 PCYs) (P < 0.001 for all comparisons). The most common allegation types made against hospitalists were for errors in medical treatment (41.5%) and diagnosis (36.0%). The most common contributing factors underlying claims were deficiencies in clinical judgment (54.4%) and communication (36.4%). Of the claims made against hospitalists, 50.4% involved the death of the patient. Despite fears of increased liability from the hospitalist model of care, hospitalists in internal medicine are subject to medical malpractice claims less frequently when compared to other internal medicine physicians and specialties. © 2014 Society of Hospital Medicine.
Moreira, H; Magalhães, T; Dinis-Oliveira, Rj; Taveira-Gomes, A
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 prosecutor's decision, whether to prosecute or not. © The Author(s) 2013 Reprints and permissions: sagepub.co.uk/journalsPermissions.nav.
Evans, Sarah E; Hoffman, Allison C
Objective To review the available evidence evaluating the abuse liability, topography, subjective effects, craving and withdrawal suppression associated with e-cigarette use in order to identify information gaps and provide recommendations for future research. Methods Literature searches were conducted between October 2012 and January 2014 using five electronic databases. Studies were included in this review if they were peer-reviewed scientific journal articles evaluating clinical laboratory studies, national surveys or content analyses. Results A total of 15 peer-reviewed articles regarding behavioural use and effects of e-cigarettes published between 2010 and 2014 were included in this review. Abuse liability studies are limited in their generalisability. Topography (consumption behaviour) studies found that, compared with traditional cigarettes, e-cigarette average puff duration was significantly longer, and e-cigarette use required stronger suction. Data on e-cigarette subjective effects (such as anxiety, restlessness, concentration, alertness and satisfaction) and withdrawal suppression are limited and inconsistent. In general, study data should be interpreted with caution, given limitations associated with comparisons of novel and usual products, as well as the possible effects associated with subjects’ previous experience/inexperience with e-cigarettes. Conclusions Currently, very limited information is available on abuse liability, topography and subjective effects of e-cigarettes. Opportunities to examine extended e-cigarette use in a variety of settings with experienced e-cigarette users would help to more fully assess topography as well as behavioural and subjective outcomes. In addition, assessment of ‘real-world’ use, including amount and timing of use and responses to use, would clarify behavioural profiles and potential adverse health effects. PMID:24732159
Kiselica, Andrew M; Cohn, Amy M; Hagman, Brett T
Young adults have some of the highest rates of problem drinking and alcohol use disorders (AUDs) relative to any other age. However, recent evidence suggests that the DSM-IV hierarchical classification system of AUDs does not validly represent symptoms in the population; instead, it evinces a unitary, dimensional classification scheme. The DSM-5 has been altered to fit this changing, evidence-based conceptualization. Nevertheless, little is understood about the degree to which known risk factors for DSM-IV AUD diagnoses will transfer to the new DSM-5 guidelines in this group of high-risk drinkers. The current study built a coherent model of liabilities for DSM-IV AUDs in young adults and tested for transferability to DSM-5. N = 496 college students (51.10% male) were assessed on a variety of factors related to AUD risk, including demographics, substance use (past 90-days), and drinking motives. Liability models were created using all variables in Structural Equation Modeling to test direct and indirect effects on DSM diagnostic status. The best model under the DSM-IV was chosen based on fit and parsimony. This model was then applied to the DSM-5 system to test for transferability. The best the fitting model for DSM-IV included direct influences of drug use, quantity-frequency of alcohol consumption, and social and coping drinking motives. Improved model fit was found when the DSM-5 system was the outcome. Knowledge of risk factors for AUDs appear to transfer well to the new diagnostic system.
The purpose of this paper is to make the link between expertise and biodiversity through the civil liability Law. Indeed, since Erika Case (Cour de Cassation, Crim. 25 septembre 2012), this Law recognised the ecological damage. This one is defined as an damage caused to Nature and especially Biodiversity. Thus, the expertise has to play a major role. In this paper, two roles are studied: first all all, the expertise allows to assess the damage of Biodiversity itself, to define and to prove it. Secondly, the expertise is an instrument which is very important for prescribing the measures of compensation, in kind or pecuniary compensation.
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.
Butt, Graham; Macnab, Natasha
Evaluating the connections between the appraisal, or performance management, of different professional groups, and their subsequent uptake of continuing professional development (CPD), is valuable for both employees and managers. The linking of appraisal systems with professional/personal development plans amongst health professionals is now…
... of the activities of one entity borne in the goods of another. Lack of liability situations are treated in some detail as well as liability based on the principle of risk and the principle of fault...
Harris, P. R.
True professionals develop and create together a better future by their human endeavors in synergy. They must operate comfortably in two cultures--the industrial culture which is disappearing, and the superindustrial or cyberculture which is emerging. (CT)
Full Text Available The transition process which Romanian commercial law underwent has affected both the term of ‘trader’, by redefining it, and the classification of professional categories. Currently, the term of ‘professional’ is conveyed by a descriptive listing of the categories of persons it comprises: traders, entrepreneurs, business operators, as well as any other person authorized to carry out economic or professional activities.
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.
The European Court of Human Rights (ECtHR) in Strasbourg handed down its first case concerning the liability of intermediaries. A ruling of the Estonian Supreme Court that imposed broad liability and a general monitoring obligation upon an internet news portal vis-a-vis third party comments made on
Sorenson, Gail Paulus
Section 1983 of the 1871 Civil Rights Act includes the option of money damages for violations of the Constitution and federal laws. The focus of this paper is on the scope and limit of school district liability. Questions decisions where boards may have avoided liability by intentional ignorance of inaction in the face of supervisory incompetence.…
Discusses school district liability for sexual harassment under two provisions of federal law that are typically invoked as alternative bases for liability for sexual harassment: Title IX of the Education Amendments of 1972 and Section 1983 of the Civil Rights Act of 1964. (78 footnotes) (MLF)
... 24 Housing and Urban Development 4 2010-04-01 2010-04-01 false Lead-based paint liability... Insurance Coverage § 965.215 Lead-based paint liability insurance coverage. (a) General. The purpose of this... with lead-based paint activities that the PHA undertakes, in accordance with the PHA's ACC with HUD...
... 48 Federal Acquisition Regulations System 6 2010-10-01 2010-10-01 true Insurance-Partial Immunity... Provisions and Clauses 1852.228-81 Insurance—Partial Immunity From Tort Liability. As prescribed in 1828.311-270(c), insert the following clause: Insurance—Partial Immunity From Tort Liability (SEP 2000) (a...
... 48 Federal Acquisition Regulations System 6 2010-10-01 2010-10-01 true Insurance-Total Immunity... Provisions and Clauses 1852.228-82 Insurance—Total Immunity From Tort Liability. As prescribed in 1828.311-270(d), insert the following clause: Insurance—Total Immunity From Tort Liability (SEP 2000) (a) The...
... 26 Internal Revenue 14 2010-04-01 2010-04-01 false Liability of life insurance beneficiaries. 20.2206-1 Section 20.2206-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY... § 20.2206-1 Liability of life insurance beneficiaries. With respect to the right of the district...
...-liabilities and stockholders' equity. 32.3999 Section 32.3999 Telecommunication FEDERAL COMMUNICATIONS... stockholders' equity. Liabilities and Stockholders' Equity Accounts To Be Maintained by Class A and Class B... equity: Capital stock 4510 4510 Additional paid-in capital 4520 4520 Treasury stock 4530 4530 Other...
... obligations which must be classified as long-term debt until date of maturity; accrued taxes, such as income..., Current and accrued liabilities. 367.101 Section 367.101 Conservation of Power and Water Resources FEDERAL... NATURAL GAS ACT Special Instructions § 367.101 Accounts 231-243, Current and accrued liabilities. Current...
... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Liability for transmission errors or omissions in documents filed via EDGAR. 232.103 Section 232.103 Commodity and Securities... documents filed via EDGAR. An electronic filer shall not be subject to the liability and anti-fraud...
van der Sloot, B.
In Europe, roughly three regimes apply to the liability of Internet intermediaries for privacy violations conducted by users through their network. These are: the e-Commerce Directive, which, under certain conditions, excludes them from liability; the Data Protection Directive, which imposes a
van Sliedregt, E.
Article 28 of the ICC Statute encapsulates the concept of command or superior responsibility. This is a complex and multilayered concept of liability. It is, on the one hand, a mode of liability, and, on the other hand, a separate offense. It is noteworthy that certain national laws recognize the
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
.../medical care cost recovery. 17.277 Section 17.277 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF...)-Medical Care for Survivors and Dependents of Certain Veterans § 17.277 Third-party liability/medical care cost recovery. The Center will actively pursue third-party liability/medical care cost recovery in...
Pereira, Luciana Vianna; Victorio, Glaucia Lima [Trench, Rossi e Watanabe Advogados, Rio de Janeiro, RJ (Brazil)
The oil industry is dynamic and global, being performed worldwide and by investors from several countries. In this sense, it is essential for investors to be informed of the legal frameworks in target countries and the differences between the legislation in those countries and their own legal systems. In this article, we will analyze the main differences on the environmental liability in Brazil, which is, currently, one of the most attractive markets in the oil and gas industry, the United States of America (US), the largest consumer of oil and the third producer around the world; and the European Union (EU) which concentrates the second largest global consumer, besides being the main player in the international and diplomatic relationships. Thus, the present paper, without the intent to exhaust the subject matter, aims at presenting comparisons between the legal environment of the three main players in the international oil and gas scenario, specifying not only the legal aspects of each of them, but also outlining the economic impacts generated over business investors from the oil industry, determining that although the differences in the basis of legal framework, all players have presented the liability and the duty to compensate. (author)
Full Text Available In the modern information society the success or failure of a person participating in activities related to legal issues depends increasingly more on the relevance and correctness of available information and this is why higher demands are put on giving out information. In the context of company law it is evident that although the company is always liable for the information issued, in reality it is not the legal person giving out information, but its legal representative (the director instead. Therefore, it would be reasonable to ask whether the director could simply hide behind the company; or, should the director also be held personally liable for disclosing untrue statements? The aim of this article is, on the basis of English, German, Spanish and Estonian law, to analyze if and in which cases a director can be held personally liable for disclosing false information to a third party in the name of a company and what the optimal standard of a directors’ liability for disclosing false information could be. The liability of the company itself is not the current article’s object of the research.
Full Text Available In order to discuss about tort liability, several conditions need to exist: the illicit act, damage, causal link between the illicit act and damage, and last but not least, illicit offender fault. Thus, the damage is a sine qua non condition of tort liability, the illicit act being necessary but insufficient for its employment. Damage was defined as the harmful result, with a patrimonial or a non patrimonial nature, a result of violations of subjective rights and legitimate interests of an individual. It is known that the patrimonial damage does not present special discussions, but in terms of non patrimonial damage is required to be made a few observations. In the expression of environmental damage caused by pollution, it is used phrases like "environmental damage" or "environmental prejudice" including both the damages suffered by the natural environment through pollution as well as those incurred by the person or property, other than those in natural environment. In this paper we propose to analyze the environmental damage with special attention on the non patrimonial damage, both theoretically, but also in terms of jurisprudence.
Brikell, Isabell; Ghirardi, Laura; D'Onofrio, Brian M
BACKGROUND: Epilepsy and attention-deficit/hyperactivity disorder (ADHD) are strongly associated; however, the underlying factors contributing to their co-occurrence remain unclear. A shared genetic liability has been proposed as one possible mechanism. Therefore, our goal in this study was to in......BACKGROUND: Epilepsy and attention-deficit/hyperactivity disorder (ADHD) are strongly associated; however, the underlying factors contributing to their co-occurrence remain unclear. A shared genetic liability has been proposed as one possible mechanism. Therefore, our goal in this study...... was to investigate the familial coaggregation of epilepsy and ADHD and to estimate the contribution of genetic and environmental risk factors to their co-occurrence. METHODS: We identified 1,899,654 individuals born between 1987 and 2006 via national Swedish registers and linked each individual to his or her...... biological relatives. We used logistic regression to estimate the association between epilepsy and ADHD within individual and across relatives. Quantitative genetic modeling was used to decompose the cross-disorder covariance into genetic and environmental factors. RESULTS: Individuals with epilepsy had...
The paper investigates the interdependence of household financial liabilities and assets, with special focus on the impact of liabilities on households’ holdings of financial assets. The paper uses the new ECB Household Finance and Consumption Survey from 2009–2010 covering euro area countries. The paper estimates a system of equations for households’ financial liabilities and assets, taking account of endogeneity and selection bias. The results indicate that higher household liabilities are ...
Full Text Available The introduction of the Local Property Tax (LPT in 2013 marked a significant reform to tax policy in Ireland. Initial liabilities for LPT were determined by self-assessment into bands of property values as of May 2013, and the first revaluation was initially scheduled for November 2016. Reflecting the significant residential property price growth which has occurred since the initial valuation date, this paper estimates the implications for LPT liabilities of a hypothetical revaluation at May 2015 property prices. Drawing on a range of data sources, the authors use a transition matrix approach to illustrate the likely changes in LPT valuation bands and liabilities for residential properties. Revaluation is estimated to significantly increase tax liabilities for some taxpayers, with properties in higher valuation bands in May 2013 incurring larger increases in liability. The analysis also indicates substantial regional variation in band changes, with the largest band movements mainly occurring in Dublin.
Vasile Sorin Curpan
Full Text Available Although the institution of liability was consecrated centuries ago, the principal’s liability for the acts of the agent has been one of the concerns of legislators in every epoch.Even though the disputes in the juridical doctrine and practice continue, it ought to be appreciated that the New Civil Code has tried to regulate as clearly and concisely as possible the characteristic notions and relations of this type of liability which has its origin in article 1373 of the Civil Code. Being the type of liability with the highest applicability in court, the principal’s liability is one of the three cases of indirect tort, answering for their agents’ acts.
The requirements for a legal assessment of the Caesarean section on request can be deduced from the general criteria for the legitimacy of medical treatment: indication of treatment, adequacy of treatment (= quality) and informed consent. The problem of indication is of particular relevance under the aspect of criminal law. Even if one takes the view that a Caesarean section on request is an operation without indication this does not automatically amount to unconscionability as defined by sect. 226 a StGB (Criminal Code) since such an operation may be justified by the consent of the woman. This leads to the problem of comprehensive information on the risks of such an operation. Moreover, it appears to be questionable to reject the indication of an Caesarean section on request. The information requirements with reference to liability law can only be formulated with the background of the general information requirements for methods of delivery. The general principle that the greater the risk of operation and the more difficult the decision to be taken are, the more intensive should be the information provided, results in comprehensive duties of information in the case of the Caesarean section on request. At present, court rulings establish natural birth to be the first choice of treatment. However, if the risk/benefit assessment should lead to new results due to new medical findings in the future, this will require some discourse within the profession and possibly a new establishment of the medical standard. With regard to the professional aspect, the doctor in charge is entitled to refuse a Caesarean section on request.
Milana, Marcella; Skrypnyk, Oleksandra
several occupations in the field of adult education that position themselves along a continuum. Consequently the authors suggest that professionalization among adult education practitioners should be assessed in light of the knowledge about adult learning theories practitioners possess, the ethical...
Melamed, Yuval; Ganot, Nitza; Mester, Roberto; Bleich, Avi
As a rule, mentally ill patients are held to be responsible for their acts just like everyone else. Notwithstanding, the law in Israel contains special rules which distinguish individuals with mental illness from other people. The instructions laid out in article 34h of the Israeli Penal Law empower the court to release a defendant from criminal responsibility. To do this the following criteria must be met: (a) the defendant was mentally ill, (b) he/she was in a psychotic state at the time he/she performed the felony, (c) his/her mental illness deprived him/her of his/her abilities in at least one of the two following areas: 1] he/she could not understand what he/she was doing, or the forbidden nature of the act; 2] he/she was incapable of preventing him/herself from carrying it out. In the case presented, a mentally ill individual was charged with the murder of his child and with an attempt to murder another child. The court ruled him to be legally insane and therefore non-punishable. He was later sued by the other child's parents for damages on the grounds of the assault tort. The issue in question was how does the fact that the defendant was ruled legally insane while committing the wrong doing affect the legal ruling of the defendant's liability especially regarding the tort of assault? The Magistrate's Court ruled that the Israeli Tort Law did not determine exemption from responsibility for the mentally ill. Liability for damages will be imposed upon an individual whenever the prerequisites to define a tort are met, even if the mental requisite is an outcome of one's mentally ill state. The District Court determined that an individual who intended to inflict harm is guilty of assault, even though the intent was an outcome of his mental state. Lack of volition due to one's inability to refrain from action does not constitute a defense for assault. In this case liability for damages was imposed on the defendant. The Court related to the issue of justice
Wąsik, D; Wąsik, N; Sygit, B; Dubiel, M
The subject matter of this publication is the legal assessment of endogenous infection - the specific type of hospital infections. The main aim of the publication is to answer the question of whether medical and legal grounds exist for civil liability for endogenous infections and for treating those infections as cases of medical malpractice or medical events. The research method adopted is a case study. The authors have analysed a civil lawsuit for compensation instituted by an infected patient against a Polish hospital, adjudicated in 2013. The main conclusion of the publication is to postulate distinguishing medical malpractice from complications resulting from the reactions of the human body to treatment. The authors argue that endogenous infections should be treated as the latter-mentioned of these two cases.
Rafael Sales Rios
Full Text Available The new economic paradigm including environmental transformation by human actions causes impact and pressure at numerous social classes. Therefore, there are many institutional and organizational changes to meet this new social and environmental demand. Thus, the work is divided into three parts. This work reveals, with the neo-institutionalism framework, how the institutional dynamics affect the decision-making process of business organizations in the adoption of environmental responsibility in its activities by dividing it in three parts. In the first part, it is studied the relationship between social agents, institutions and organizations, connecting them to the new environmental management present in the social system. In the second part it is characterized the role of informal institutions - manner, culture, values - that operate action of organizations such as corporate social responsibility. Finally, in the third part, the role of formal institutions is explained - rules, regulations, laws – in the environmental liability.
Holst, Klaus K.; Scheike, Thomas; Hjelmborg, Jacob B.
Family studies provide an important tool for understanding etiology of diseases, with the key aim of discovering evidence of family aggregation and to determine if such aggregation can be attributed to genetic components. Heritability and concordance estimates are routinely calculated in twin...... the disease thus still being at risk. Ignoring this right-censoring can lead to severely biased estimates. The classical liability threshold model can be extended with inverse probability of censoring weighting of complete observations. This leads to a flexible way of modelling twin concordance and obtaining...... consistent estimates of heritability. The method is demonstrated in simulations and applied to data from the population based Danish twin cohort to describe the dependence in prostate cancer occurrence in twins....
Stone, William S; Giuliano, Anthony J
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.
Khan, Mohemmed N; Blake, Danielle M; Vazquez, Alejandro; Setzen, Michael; Baredes, Soly; Eloy, Jean Anderson
The purpose of this study was to examine litigation involving epistaxis and analyze factors that determine liability. Jury verdicts and settlements regarding cases involving epistaxis were gathered utilizing the Westlaw database. Factors involved in litigation gathered included demographics, defendant specialty, procedure, alleged cause of malpractice, outcome, monetary award, and other variables. A total of 26 cases were analyzed. The majority of cases (57.7%) were decided in favor of the plaintiff or settled out of court. Total awards amounted to $24,501,252. Average awards for cases decided in favor of the plaintiff were $2,260,893 and ranged from $499,845 to $9,022,643. Settlements averaged $1,084,375 and ranged from $300,000 to $3,800,000. Common causes of malpractice encountered included delay in diagnosis, complications from medical procedures, and failure to recognize complications in a timely manner. Contrary to previous reports analyzing malpractice for varying medical procedures and complications, litigation in epistaxis is more commonly resolved in favor of the plaintiff or resolved through out-of-court settlements. Substantial financial awards and therapeutic complications from blindness to death make epistaxis a candidate for litigation. Of importance from a medicolegal stand is the fact that 30.8% (8) of the patients involved in epistaxis litigation died, either from complications of therapy or from experiencing epistaxis as a complication of another procedure/pathology. Using necessary diagnostic imaging, ensuring proper management techniques, and recognizing complications in a timely manner can serve to limit legal liability and enhance patient safety. © 2013 ARS-AAOA, LLC.
Full Text Available While intermediary liability is becoming an issue of increasing importance in internet governance discussions, little is being made at the institutional level to minimise conflicts across jurisdictions and ensure the compliance of intermediary liability laws with fundamental rights and the freedom to innovate. The experience leading to the adoption of the Brazilian “Marco Civil da Internet” offers concrete insights for the definition of a baseline framework at the international level. This article also suggests the creation of a global forum of discussion on intermediary liability, allowing the interests of a variety of stakeholders to be taken into account in the definition and implementation of those baseline principles.
Full Text Available The paper presents the provisions of the part of MontrealConvention which refers to the air carriers' liability regardingdamage to passengers and luggage, with the intention of indicatingthe possible influence of this Convention on the equal liabilityin maritime carriage, settled by the recent changes of theAthens Convention on the carriage of passengers and their luggageby sea. The provisions of these documents are comparedregarding the basic principles of the carrier's liability and theamount of liability for the damage, showing both some similaritiesand some differences in the carriage of passengers by air, i.e.by sea.
Garus-Pakowska, Anna; Szatko, Franciszek; Pakowski, Maciej
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.
So Yeon Kim
Full Text Available When a maritime claim is initiated against a shipowner, the Korean Commercial Code permits the shipowner to limit his liability. However, the right to limit liability will be denied in a case of the shipowner's willful misconduct or other reckless act or omission. Proving the facts to support a limitation can be problematic because there are no provisions specified in the Korean Commercial Code. This paper analyzes South Korea's historical position on cases involving the extent of the shipowner's liability and the willful misconduct or other reckless acts or omissions committed by him.
Martinho Martins Botelho
Full Text Available This paper presents briefly a theoretical approach about limited efficiency from the perspective Economic Analysis of Law (EAL of the limited liability company by examining initially the question of limited liability, under the scrutiny of the pro-rata theory and model manager-investor. It approaches the liability of directors of corporations incorporated in the form of a limited company. Subsequently, its theoretical approaches are about the analysis of the first generation of agency theory (contract manager-investor incentives, the hypothesis of Modigliani-Miller irrelevance, and structures of great property.
Lundy, Douglas W
Orthopaedic trauma has been associated with the history of medical liability all the way back to the dark ages and the bubonic plague. Caps on noneconomic damages and other reforms have been challenged in many states, and an innovative approach to medical liability reform must be developed within the medical profession and the various legislatures. Orthopaedic trauma surgeons have a unique perspective in that they perform a critical service to the community, however they are often deprived of the benefit of preoperative risk reduction best practices because of the critical needs of the patients. Orthopaedic trauma surgeons must advocate for effective medical liability reforms.
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.
Farid A. Musaev
Full Text Available In the article author conducts analysis of the circle of the criminal code of the Russian Federation (Charter 22 norms expansion, providing special types of release from criminal liability. Analyzes of the foreign legislation allowed author to draw a conclusion that the majority of the stimulating legal analogs to the Chapter 22 of the Criminal Code of the Russian Federation are present in the legislation of the CIS countries – Azerbaijan, Georgia, Tajikistan, Turkmenistan, Ukraine and some other, and also that release from the criminal liability on the tax crimes – is not less widespread stimulating norm in the foreign legislation. Special attention is paid to the questions of the positive post criminal behavior of persons who committed economic crime stimulation. According to the author it appears to be reasonable to include into the alternative condition of the release from criminal liability a sign of the voluntary statement of the crime commission or giving criminal income and also an alternative sign of the "active contribution to the disclosure and/or crime investigation". Author comes to the conclusion that a problem of the expansion of the stimulating norms in the Chapter 22 of the Criminal Codes of the Russian Federation action is interesting and actual in the conditions of criminal legislation in the economic sphere liberalization. In particular, in the foreshortening of the economic amnesty questions author believes that introduction of the stimulating norms of the Chapter 186 of the Criminal Code of the Russian Federation isn't expected soon.
Jensen, Anne Winther
The paper discusses students' process of acquiring a feeling of being professionals within a vocational education programme for elderly care in Denmark. The focus is on what seems to be a paradox within the programme: the future care helper being constructed within the overall term ‘the professio......The paper discusses students' process of acquiring a feeling of being professionals within a vocational education programme for elderly care in Denmark. The focus is on what seems to be a paradox within the programme: the future care helper being constructed within the overall term ‘the...... professional care helper’ in the school setting but the job being closely related to daily life's routine tasks; the paper points to difficulties for students in identifying the exact content of the term ‘professional’. Furthermore students seem to be uncertain about their ‘professionalism’ in relation...... ‘storyline’, c.f. Bronwyn Davies and the empirical material consists of observations and interviews in the theoretical periods and in the traineeships....
Contract and tort law aspects of the performance of duties of notaries public: Principles of the law pertaining to notaries public, notarial deed and liability of notaries public according to the Serbian law
Full Text Available In this paper the author analyzes the effective Serbian rules of law on notaries public, in comparative perspective. The principles of law pertaining to notaries, the notarial deed and the legal nature of the notaries' liability for damages are discussed. Special emphasis is given to the principles of public confidence, legality, professionalism, formalism and independence, from which the notaries' liability for damages caused to clients and third parties derives. Although the notaries public are independent, hence they are not subordinate to any judicial or administrative organ, their liability for damages is analogous to the liability of administrative organs, whereby the condition of filing a legal remedy is construed in a fairly broad sense, that is any remark of the client disclosed to the notary is considered as filing a legal remedy. The author's standpoint is that the legal nature of notary's liability is either contractual or delictual, depending on whether the notary infringed a clause of the mandate of the client, which serves as the legal ground of his/her actions, or mandatory rules, that is the statutory requirement of acting in good faith. Besides general rules on the requirements of form of juridical acts (essential form, facultative form, the subject of analysis are also the rules on exclusive and alternative (competing forms of notarial deeds. The effective Serbian law on notaries public envisages the form of notarial deeds and private instruments predominantly as alternative forms, that is a specific kind of deed has the same legal effect, regardless whether it is drafted by a notary or concluded in court.
Едуард Тіберійович Соломка
Full Text Available The article discusses some aspects of professional training of young teachers for vocational and educational activities.The psychological analysis of professional and educational activities of young teachers is conducted. Productive way of developing the ability to solve educational problems can be reflexive training of young teachers, which ensures them study the basics of designing specific educational decisions and organizes active interaction of beginners in the search of productive pedagogical decisions
Rodríguez-Hornillo, M; de la Riva, M C; Ojeda, R
Neuralgic amyotrophy, brachial neuritis or Parsonage-Turner syndrome is a rare neuromuscular involvement of unknown aetiology. When it onsets in connection with a health care act, such as childbirth or surgery, a malpractice argument is often used as a cause of adverse outcome, usually due to an incorrect position of the patient on the operating table, a circumstance which directly involves the anesthesia area. Three cases are presented of Parsonage-Turner syndrome following very different surgery, with different results as regards prognosis. A review and discussion of bibliography is presented on the possibility that such circumstances are the subject of malpractice claims. Special emphasis is placed on the most currently accepted aetiopathogenic theories, and the relationship of this syndrome with the surgical act as a determining medico-legal aspect. Valuation parameters are proposed. Copyright © 2016 Sociedad Española de Anestesiología, Reanimación y Terapéutica del Dolor. Publicado por Elsevier España, S.L.U. All rights reserved.
Harris, Curtis E; Richards, Warren; Fincham, Jack E
To review the practice and legal principles of negligence law. An illustrative, fictional case is presented, based in part on facts gleaned from actual case law. A respected pharmacist, faced with the financial loss of his business, decided to engage in 2 creative but unethical schemes to increase his profit margin. In doing so, he violated federal Medicare law and placed a number of the patients who used his services at significant risk for medical complications. Negligence law has evolved over the past 30 years in a manner that significantly increases the liability of the practicing pharmacist for both ordinary negligence actions and criminal negligence actions. In addition, the past decade has seen the expansion of Medicare Fraud and Abuse law such that it now represents an increasingly high risk area for every medical service provider, including the pharmacist. Professional practice in the US is highly regulated, governed by both case law and statutory law. Every practicing pharmacist should be aware of the law that governs his or her behavior to avoid both civil and criminal liability.
... the contract will be regarded as the liability. (e) Bonds for banks or trust companies as principals... SERVICE SURETY COMPANIES DOING BUSINESS WITH THE UNITED STATES § 223.13 Full penalty of the obligation...
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.
Purpose: Intellectual capital theory and practice predominantly focus on measuring and managing intangible assets. However, if we want to balance the intellectual capital books (Harvey and Lusch, 1999), we should recognize both intellectual assets and intellectual liabilities (Caddy, 2000).
Howland, Robert H
Benzodiazepine drugs are controversial because of safety and abuse liability concerns, although they have clinically relevant pharmacological differences. The current article reviews studies pertaining to the pharmacology, safety, and abuse liability of oxazepam. Compared to other benzodiazepine drugs, oxazepam has a favorable safety and abuse liability profile, which may be related to its pharmacology. Oxazepam is more slowly absorbed and enters the brain more slowly than other benzodiazepine drugs; it does not have active metabolites and does not accumulate with chronic dosing; its metabolism is not affected by age or by mild/moderate liver disease; and it is not prone to drug-drug interactions. Oxazepam also binds to the translocator protein, which stimulates the synthesis of neurosteroids, and this effect may contribute to its reduced abuse liability. Copyright 2016, SLACK Incorporated.
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
Presents a comparison of individual entrepreneurs and companies with limited liability. It deals with the tax burden, red tape and-registry duties above types of businesses. It also aims to evaluate the advantages and disadvantages.
Fontana, A; Rosenheck, R
Data from the National Vietnam Veterans Readjustment Study on 1,198 Vietnam theater veterans were used to examine the psychological benefits and liabilities of traumatic exposure in the war zone. Psychological benefits and liabilities were found to be largely independent of one another and to be related positively to the dose of traumatic exposure. Additionally, there was a curvilinear trend in the form of an inverted U, such that psychological benefits, most notably solidarity with others, were stronger at intermediate compared to high and low levels of exposure. Psychological benefits counteracted and psychological liabilities passed through the effects of traumatic exposure on posttraumatic stress disorder (PTSD). The psychological benefit of self-improvement moderated the effects of the psychological liability of self-impoverishment on PTSD.
Madsen, P; Shariati, M M; Ødegård, J
Mixture models are appealing for identifying hidden structures affecting somatic cell score (SCS) data, such as unrecorded cases of subclinical mastitis. Thus, liability-normal mixture (LNM) models were used for genetic analysis of SCS data, with the aim of predicting breeding values for such cases......- udders relative to SCS from IMI+ udders. Further, the genetic correlation between SCS of IMI- and SCS of IMI+ was 0.61, and heritability for liability to putative mastitis was 0.07. Models B2 and C allocated approximately 30% of SCS records to IMI+, but for model B1 this fraction was only 10......%. The correlation between estimated breeding values for liability to putative mastitis based on the model (SCS for model A) and estimated breeding values for liability to clinical mastitis from the national evaluation was greatest for model B1, followed by models A, C, and B2. This may be explained by model B1...
Full Text Available The medical art is difficult, its results can not always be predicted. After looking at TV, patients know more or think they know more about medicine. They tend to assume faulty diagnostics or treatment by their physician, if the good result promised by the news-media or by the doctor himself has not been obtained. The resulting litigation in court is time-consuming, causes a lot of paperwork and frequently leads to negative publicity for the doctor in the local news-media. Therefore, in 1975, the German Medical Associations in the different federal areas have founded expert committees to help solve this problem. These avoid negative publicity, heavy expenses and law-suits. Presidents of these committees are high-level judges – mostly retired – with experience in the field. They are masters of the procedure, choose the experts and formulate the final draft. This structure invalidates the understandable suspicion that physicians will protect each other or – as we say in Germany: “A crow will not hurt the eye of another one”. The system is now well accepted by liability insurances, lawyers and patients.
Full Text Available The liability of air carriers in international air traffic is stillregulated by the Warsaw Convention from 1929and its amendments.In 1999the Montreal Convention was accepted, whichcompletely substitutes the rules contained in the Warsaw Conventionincluding all its later amendments, and the most importantmodifications have been made regarding the air can·iers'liabilities in case of passenger injury or death on intemationaI flights.
1 Award Number: W81XWH-10-1-0305 TITLE: Preclinical Assessment of a Strategy to Minimize the Abuse Liability of Opiate Medications for Pain...Minimize the Abuse Liability of Opiate Medications for Pain 5b. GRANT NUMBER 10251229 5c. PROGRAM ELEMENT NUMBER 6. AUTHOR(S) Wynne Schiffer, PhD...clinically relevant animal model. We have tested two animal models; the Formalin Paw Test (FPT) and the Acetic Acid (AA) writhing test in the
Danidou, Yianna; Schafer, Burkhard
Trusted Computing and Trustmarks are two approaches developed to enhance internet security and trust and we claim that they are structurally similar and an exercise in mutual learning would be of great benefit for both. We argue that TC philosophy could possiblyÂ supplement TMOs so that TMs become to TMOs more than just a mere link while we address critical questions regarding reliance liability. With our present study we propose that the model for adequate TMO liability could possibly be an ...
Cherednichenko, V G
The Inverse and Ill-Posed Problems Series is a series of monographs publishing postgraduate level information on inverse and ill-posed problems for an international readership of professional scientists and researchers. The series aims to publish works which involve both theory and applications in, e.g., physics, medicine, geophysics, acoustics, electrodynamics, tomography, and ecology.
Full Text Available The article considers fundamental issues associated with economic analysis of legal regulations pertaining to liability for damage caused by a dangerous product. The discussion is conducted from the perspective of a lawyer analysing the conclusions stemming from economic analyses of the aforementioned liability by individual authors, which constitutes a base for subsequent observations. The relationships between the various potential configurations of manufacturer liability are discussed, in particular a situation where such liability is not stipulated, as well as where there is the introduction of liability based on the risk or fault principles and the ensuing motivation for maintaining an appropriate level of carefulness. Attention is focused on the search for an economically efficient solution. An analysis of current regulation is performed, as well as de lege ferenda conclusions grounded in economic analysis of law with reference to the shape of the regulatory liability regime for damage caused by a dangerous product. Many reservations are also listed, including ones concerning the fact that it does not seem that the legislative process should be guided only by conclusions stemming from economic analysis of law (especially considering the differences of opinion in that area, which does, however, unquestionably constitute a useful tool in such matters.
Ruzibiza, Christian; Grattan, Rebecca E; Eder, Rebekah; Linscott, Richard J
Stress sensitization is a candidate final common pathway for the development of schizophrenia. In other psychopathologies, resilience attenuates the stressor-outcome relationships. Therefore, we sought to determine whether resilience moderates the association between stress sensitivity and schizophrenia liability. Undergraduates (n = 230) self-reported cognitive-perceptual, interpersonal, and disorganisation attributes of schizophrenia liability as well as ratings of sensitivity to stress, resilience, and dispositional coping behaviour. Bivariate analyses showed components of schizophrenia liability were significantly predicted by greater stress sensitivity, poor resilience and adaptive coping, and greater maladaptive coping behaviour. However, regression modelling suggested that cognitive-perceptual attributes were uniquely predicted by stress sensitivity in models that include resilience. In contrast, interpersonal attributes had a weaker relationship with stress sensitivity and were strongly predicted by poor resilience. In general, resilience did not moderate the relationship of stress sensitivity with schizophrenia liability. Unexpectedly, some specific attributes of resilience (personal strength, structured style) potentiated the relationship of stress sensitivity with schizophrenia liability. We conclude that the relationships of stress sensitivity, resilience, and coping with attributes of schizophrenia liability are not uniform and speculate that the pattern of associations may reflect the different influences of chronic stress exposures and neurocognitive functioning. Copyright © 2017 Elsevier B.V. All rights reserved.
Yoon, Jin Hee; Hartline, Beverly Karplus; Milner-Bolotin, Marina
The three sessions of the professional development workshop series were each designed for a different audience. The purpose of the first session was to help mid-career physicists aspire for and achieve leadership roles. The second session brought together students, postdoctoral fellows, and early-career physicists to help them plan their career goals and navigate the steps important to launching a successful career. The final session sought to increase awareness of the results of physics education research, and how to use them to help students-especially women-learn physics better. The presentations and discussions were valuable for both female and male physicists.
Master complex C++ programming with this helpful, in-depth resource From game programming to major commercial software applications, C++ is the language of choice. It is also one of the most difficult programming languages to master. While most competing books are geared toward beginners, Professional C++, Third Edition, shows experienced developers how to master the latest release of C++, explaining little known features with detailed code examples users can plug into their own codes. More advanced language features and programming techniques are presented in this newest edition of the book,
The proper boundaries of criminal liability with respect to those with questionable mental capacity are currently under review. In its deliberations in the areas of unfitness to plead, automatism and the special verdict of not guilty by reason of insanity the Law Commission for England and Wales have been cognizant of particular difficulties in fairly attributing criminal responsibility to those whose mental capacities may or may not have impinged on their decisions, either at the time of the offence or at trial. And they have referenced the potential breaches of the European Convention on Human Rights (ECHR) posed by the state of our current laws. However, in their efforts to remedy these potential deficiencies is the Law Commission heading in a direction that is fundamentally incompatible with the direction embodied by the United Nations Convention on the Rights of People with Disabilities (CRPD)? Whether one must cede sensibly to the other, or whether some compromise might emerge, perhaps through an extension of supportive services or through the development of disability-neutral criminal law, forms the subject of this paper. Copyright © 2015 Elsevier Ltd. All rights reserved.
POPEANGĂ VASILE NICOLAE
Full Text Available Romanian legislation stipulates incident in tax as a way of fighting outstanding tax debts in relation to certain conditionalities, the tax authorities can declare the insolvency of the debtor taxpayer and attracting joint liability of third parties on which transfer tax claims extinguish the obligation owed by the insolvent. According to various editions of the Dictionary of the Romanian Language through insolvency means "a situation in which the debtor whose assets are worth less than all obligations would be satisfied with the goods" [DEX 1998] or "situation of the debtor to be in default of debt outstanding [DEX 2009]. From the perspective of civil law, "insolvency resulting from the inferiority of the assets may be subject by law enforcement, to the total amount of outstanding debt" [Law 287/2009 on the Civil Code, art. 1417]. From the perspective of tax law "is insolvent debtor whose income or assets are worth less than the outstanding tax obligations or who has no income or assets" [GO 92/2003 regarding the Fiscal Procedure Code, art. 176].
Kim, Soung Min; Lee, Jong Ho
Mandibular angle reduction or reduction genioplasty is a routine well-known facial contouring surgery that reduces the width of the lower face resulting in an oval shaped face. During the intraoral resection of the mandibular angle or chin using an oscillating saw, unexpected peripheral nerve damage including inferior alveolar nerve (IAN) damage could occur. This study analyzed cases of damaged IANs during facial contouring surgery, and asked what the basic standard of care in these medical litigation-involved cases should be. We retrospectively reviewed a total of 28 patients with IAN damage after mandibular contouring from August 2008 to July 2015. Most of the patients did not have an antipathy to medical staff because they wanted their faces to be ovoid shaped. We summarized three representative cases according to each patient's perceptions and different operation procedures under the approvement by the Institutional Review Board of Seoul National University. Most of the patients did not want to receive any further operations not due to fear of an operation but because of the changes in their facial appearance. Thus, their fear may be due to a desire for a better perfect outcome, and to avoid unsolicited patient complaints related litigation. This article analyzed representative IAN cutting cases that occurred during mandibular contouring esthetic surgery and evaluated a questionnaire on the standard of care for the desired patient outcomes and the specialized surgeon's position with respect to legal liability.
The author discusses the concept and status of the agent for environment protection on the basis of the relevant laws because a legal definition does not yet exist. The administrative body accepts the so-called Janus-faced industrial agent who has, as a rule, also the function of the agent for environmental protection, namely, because of the principle of concentration that has greatly been accepted because of rationalizing and efficiency reasons. As a consequence of this principle the so-exposed agent bears an 'outward' responsibility. The criminal liability of the agent for environmental protection is discussed under the aspects of acts performed on behalf of somebody else, the acceptance of responsability for one's own act or omission, the comittment by omitting, the indirect perpetration and the complicity. Furthermore the author looks into the following subjects: protection against work that is liable to be dangerous, claim for compensation under civil law and the new regulations of the German Penal Code that determine what is environmentally criminal.
Full Text Available Abstract: Basically and according to clause of article 158 of the Islamic penal code, approved in 2013 (sporting activities and accidents resulting from it, if the reason of accidents do not violate the rules related to that sport and these regulation are not in conflict with religious rules there will be no criminal liability for the athlete. As it appears the athlete that will be exempted from any criminal offense when he has not violated the rules, however, if the athletes is offender whether the injured is opponent athlete or one of the spectators, the offending athletes will be liable for the penalty. In other words, what kind of criminal responsibility would be in these cases, if the act committed by him towards the spectator was deliberate (which would warrants retaliation or a psedudo_deliberate error (which would warrants the payment of atonement and also sanction punishment it means that imprisonment 1 to 3 years in case of victim death by the offending athlete according to article 616 in sanction law or vasted error (which would warrants prey for a loss by kinsmam the responsibility of the athlete will be different.But whether the athlete respect to all of the rules he will be completely exempted from the damage that he enters into the spectator or not, is the point of disagreement which this article seeks to ask the question.
Araújo, Tanya; Spelta, Alessandro
We study the international interbank market through a geometric analysis of empirical data. The geometric analysis of the time series of cross-country liabilities shows that the systematic information of the interbank international market is contained in a space of small dimension. Geometric spaces of financial relations across countries are developed, for which the space volume, multivariate skewness and multivariate kurtosis are computed. The behavior of these coefficients reveals an important modification acting in the financial linkages since 1997 and allows us to relate the shape of the geometric space that emerges in recent years to the globally turbulent period that has characterized financial systems since the late 1990s. Here we show that, besides a persistent decrease in the volume of the geometric space since 1997, the observation of a generalized increase in the values of the multivariate skewness and kurtosis sheds some light on the behavior of cross-border interdependencies during periods of financial crises. This was found to occur in such a systematic fashion, that these coefficients may be used as a proxy for systemic risk.
Yulia V. Bragina
... of vocational training, professional adaptation, primary and secondary professionalizing, and also to propose a solution of the problem of deficiency of highly skilled personnel in the country. Methods...
Professional socialisation refers to the acquisition of values, attitudes, skills and knowledge pertaining to a profession. This article reviews the definition and conceptualisation of professional socialisation through anticipatory and formal professional socialisation processes. It describes the core elements of professional ...
Broek, G.M. van den
The EU Environmental Liability Directive (ELD) requires remedial measures when environmental damage to protected species and natural habitats occurs. Thus, the ELD offers a minimum level of protection to natural resources in its Article 2. In order to finance the restoration of environmental damage
Full Text Available This study aims to treat certain aspects of civil liability, as a form of legal liability and social responsability in the context of today’s economy. In the current global context, for the economy and thus society can survive one must take into account compliance with environmental sustainability. Implications of this line of development on the civil liability will be analyzed in this study.
Vasilj Aleksandra V.
Full Text Available Limitation of liability of shipowner can based on property or can be personal - shipowner responds to certain part of the property (for example ship or his entire assets to a certain amount. In the first case it is a real, and in the other the personal limitation of liability. On these principles all international instruments in this legal field have been developed. One of the well-known 'universal' principle of civil law says that the injurer must pay for a damage in full, in full extent and amount. However, when we are applying provisions of maritime law (as well as transport law in general on the liability for damages and its compensation, the situation is quite opposite. Though, that the amount of suffered damages is coming closer to said universal principle of civil law has been confirmed by Amendments to the Protocol to the Convention on Limitation of Liability for Maritime Claims 1996 (LLMC 1996. These Amendments increased amount of general (global limitation of liability for maritime claims by 51% compared to the amounts in LLMC. Increased amounts are applicable from 8th June 2015. Regarding these amendments, a number of issues can be placed: justification for introducing the institute of limitation of liability in general; reasons why the injurer is privileged in maritime (and broader in transport, in the context of the amount of the obligation of compensation for damage; and whether the application of the institute undermine the principle that is enshrined in the legal system of every modern country, according to which the injured party has the right to just compensation. On the other hand, justice can be taken as well as an argument just to implement the limitation of liability system.
This book deals with deals 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 his 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 not be fully intelligible for those who have not participated in or closely followed the 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 has been manifested. After three years of discussions no wide consensus could be reached on some basic issues, such as: relationship between international state and civil liability regimes, structure of international legislation, concept of nuclear damage, limits of compensation, role of public funds or jurisdiction. The author presents his approach to these controversial issue, trying to provide at the same time a theoretical outline for the future international legislation on nuclear liability. (author).
Thomas, Max M.
A step-by-step explanation is provided of SOLVE (Solutions, Outcomes, Liabilities, Values, and Evaluations), a method for resolving moral problems to satisfy others as well as the individual conscience. As indicated in introductory comments, SOLVE separates moral dilemmas into their constituent parts. Each moral problem has a number of…
V. V. Dudaryov
Full Text Available In the article the problem of social workers’ professional competence is actualized. It is proved that finding ways to optimize the specialists for social welfare system professional training is in line with common didactic problems of the high school pedagogies. The theoretical analysis of Ukrainian and foreign scientists’ works connected with the aspects of social workers’ professional competence is done. The definition of «competence» and «professional competence» is given. The main components of social workers’ professional competence are defined. These are: motivation (psychological readiness to professional activity; value and semantic (orientation, values, meanings; cognitive and professional (general culture, literacy, vocational education; action and professional (work with people at different social levels, work with information, achievement, etc.; autopsychological (personal and professional reflection; regulatory (emotional and volitional selfregulation. The general structure and content criteria of social worker’s professional competence are under analysis. The characteristic of innovative forms and methods of social workers’ professional competence management (such as casestudy, sociopsychological training is given. The causes for social workers’ successful training in high school are defined. The conclusions of the study are made and promising areas for future studies of the issues related to the subject under consideration are defined.
Elcio Nacur Rezende
Full Text Available The article discusses the liability for repairing damage in Permanent Preservation Area (PPA. Seeks to answer the question of liability of the possessor "ad usucapionem" due to the removal of vegetation in area. The objective was to present the response of the possibility of acquisition of property by way of adverse possession and reparation and indemnity liability of degrading. The article was used social science and technology as a methodological approach, since the research aims to seek ownership of the liability of repair the area. At the end it was realized that the possessor has responsibility to repair the area.
In a medical liability process a medical expert takes on an outstanding position. He is the one process participant who preprograms the decision of the judge. However, he does not as such have an independent investigative competence and must understand his role as being an accessory to the judge. In view of this key role, the necessary expert competence and a basic legal knowledge, adequate preparation for the assignment and a meticulous study of the case file are indispensible. According to § 839 paragraph 1 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) an expert witness nominated by a court of law is liable to compensate damages if he writes an incorrect expert opinion either deliberately or due to gross negligence. The expert witness must also be objective and unprejudiced towards the parties involved or the accused/defendant. Civil processes and criminal proceedings both have legal peculiarities which the expert witness must bear in mind. The foundation of the function as an expert witness in a civil process is the order of the court to take evidence which the expert must adhere to. In this case the parties must be considered as being equal before the law. In contrast the procedure in criminal processes follows the principle of official investigation and the absolute principle of in dubio pro reo. From this it follows that the evidence of causality must be proven with a probability close to certainty. Advice for the construction of expert opinion statements can be found in this article.
This thesis questions how the recent development of containerisation has affected the liability of the carriers involved and whether we need new law to solve relevant problems that have occurred as a consequence. In my research, I will address questions such as whether law should be proactive towards technological advances and how commercial practice influences the current legal regimes dealing with this undertaking. Moreover, the problems of containerisation are analysed in practice and in l...
Maksimovic, Jelena; Petrovic, Jelena; Osmanovic, Jelena
The worldwide expansion of higher education introduced the problem of quality of knowledge that graduate students possess, as well as question whether they are competent to fulfill the requirements of their future profession. Education and training for professional work, in our educational system, is realized in various ways: through lectures,…
Veling, W; Counotte, J; Pot-Kolder, R; van Os, J; van der Gaag, M
Childhood trauma is associated with higher risk for mental disorders, including psychosis. Heightened sensitivity to social stress may be a mechanism. This virtual reality study tested the effect of childhood trauma on level of paranoid ideations and distress in response to social stress, in interaction with psychosis liability and level of social stress exposure. Seventy-five individuals with higher psychosis liability (55 with recent onset psychotic disorder and 20 at ultra-high risk for psychosis) and 95 individuals with lower psychosis liability (42 siblings and 53 controls) were exposed to a virtual café in five experiments with 0-3 social stressors (crowded, other ethnicity and hostility). Paranoid ideation was measured after each experiment. Subjective distress was self-rated before and after experiments. Multilevel random regression analyses were used to test main effects of childhood trauma and interaction effects. Childhood trauma was more prevalent in individuals with higher psychosis liability, and was associated with higher level of (subclinical) psychotic and affective symptoms. Individuals with a history of childhood trauma responded with more subjective distress to virtual social stress exposures. The effects of childhood trauma on paranoia and subjective distress were significantly stronger when the number of virtual environmental stressors increased. Higher psychosis liability increased the effect of childhood trauma on peak subjective distress and stress reactivity during experiments. Childhood trauma is associated with heightened social stress sensitivity and may contribute to psychotic and affective dysregulation later in life, through a sensitized paranoid and stress response to social stressors.
Full Text Available This study analyzes why managers accrue and disclose environmental liability, which involves managers’ discretions. Using the framework of the Theory of Planned Behavior (Ajzen 1991, this research hypothesizes that a manager’s intention to accrue and disclose environmental liability is influenced by: (1 attitudes (2 subjective norms, and (3 perceived behavioral control of the manager towards accruing and disclosing such information. The data was collected through a survey, employing a questionnaire modified from Weidman (2002. Responses from 50 corporate managers in Lampung Province were analyzed using structural equation model software package SmartPLS. This study finds that a manager’s attitude towards environmental liability is positively associated with his/her decision to accrue and disclose environmental liability. However, there is no evidence that subjective norms and behavioral control are associated with such a decision. An additional test using attitude as a moderating variable provides evidence that both subjective norms and perceived control behavior are positively associated with the attitude towards environmental liability.
Counotte, Jacqueline; Pot-Kolder, Roos; van Roon, Arie M; Hoskam, Olivier; van der Gaag, Mark; Veling, Wim
Social stressors are associated with an increased risk of psychosis. Stress sensitisation is thought to be an underlying mechanism and may be reflected in an altered autonomic stress response. Using an experimental Virtual Reality design, the autonomic stress response to social stressors was examined in participants with different liability to psychosis. Fifty-five patients with recent onset psychotic disorder, 20 patients at ultra-high risk for psychosis, 42 siblings of patients with psychosis and 53 controls were exposed to social stressors (crowdedness, ethnic minority status and hostility) in a Virtual Reality environment. Heart rate variability parameters and skin conductance levels were measured at baseline and during Virtual Reality experiments. High psychosis liability groups had significantly increased heart rate and decreased heart rate variability compared to low liability groups both at baseline and during Virtual Reality experiments. Both low frequency (LF) and high frequency (HF) power were reduced, while the LF/HF ratio was similar between groups. The number of virtual social stressors significantly affected heart rate, HF, LF/HF and skin conductance level. There was no interaction between psychosis liability and amount of virtual social stress. High liability to psychosis is associated with decreased parasympathetic activity in virtual social environments, which reflects generally high levels of arousal, rather than increased autonomic reactivity to social stressors. Copyright © 2016 Elsevier B.V. All rights reserved.
Stanojević Dragana Z.
Full Text Available Job stress is a line, for the person at work hired adverse physiological, psychological and behavioral reactions to situations in which job requirements are not in accordance with its capabilities, abilities and needs. Sources of stress at work are numerous. Personal factors: personality types have been most studied so far, environmental changes and demographic characteristics as well. Interpersonal stress inducing factors act and influence to the occurrence of many psychosomatic diseases. Psychosocial climate and relationships which are prevented or encouraged such as: cooperation and competition, trust and suspicion certainly affect to the appearance of professional stress. The way of leadership is very important. Organizational factors are the type of work, work time, noncompliance of the job, the introduction of new ethnologies, the conflict of personal roles, fear of job loss, bad physical conditions of working environment. The consequences of stress at work are numerous: at the cognitive level, the emotional level, the production plan, the health, plan reduces the immune system that cause a variety of psychosomatic illnesses and accidents at work.
Hyman, Jon L; Luks, Howard J; Sechrest, Randale
The rapidly developing array of online physician-only communities represents a potential extraordinary advance in the availability of educational and informational resources to physicians. These online communities provide physicians with a new range of controls over the information they process, but use of this social media technology carries some risk. The purpose of this review was to help physicians manage the risks of online professional networking and discuss the potential benefits that may come with such networks. This article explores the risks and benefits of physicians engaging in online professional networking with peers and provides suggestions on risk management. Through an Internet search and literature review, we scrutinized available case law, federal regulatory code, and guidelines of conduct from professional organizations and consultants. We reviewed the OrthoMind.com site as a case example because it is currently the only online social network exclusively for orthopaedic surgeons. Existing case law suggests potential liability for orthopaedic surgeons who engage with patients on openly accessible social network platforms. Current society guidelines in both the United States and Britain provide sensible rules that may mitigate such risks. However, the overall lack of a strong body of legal opinions, government regulations as well as practical experience for most surgeons limit the suitability of such platforms. Closed platforms that are restricted to validated orthopaedic surgeons may limit these downside risks and hence allow surgeons to collaborate with one another both as clinicians and practice owners. Educating surgeons about the pros and cons of participating in these networking platforms is helping them more astutely manage risks and optimize benefits. This evolving online environment of professional interaction is one of few precedents, but the application of risk management strategies that physicians use in daily practice carries over
Ermakova A.; Zhitnikova N.
This article describes methods of professional self-determination, professional orientation of students of pedagogical universities, presented problems preventing full career-oriented work. Disclosure of the concept of vocational guidance, universal undergraduate listed professional orientation system function.
Arria, Amelia M; Vincent, Kathryn B; Caldeira, Kimberly M
Heavy drinking and illicit drug use among college students has been a longstanding public health concern. Current methods to screen and identify college students at-risk for the development of substance use disorders (SUD) are somewhat limited. This study aimed to cross-validate the work by Kirisci et al. (  ), who developed the Transmissible Liability Index (TLI), by deriving a set of items that would be potentially useful for characterizing SUD risk across multiple dimensions among college students. We examined: 1) variations in the TLI-College Version (TLI-CV) by race, sex, SES, religiosity, and family history of substance use problems; 2) the association between the TLI-CV and alcohol and/or marijuana dependence, both cross-sectionally and prospectively, by race and sex; and, 3) the sensitivity and specificity of the TLI-CV for identifying cases of marijuana and/or alcohol dependence. Data from an ongoing longitudinal study of college students (n = 1,253) was used to conduct item response theory (IRT) analyses; the resulting TLI-CV consisted of 33 items. The TLI-CV was significantly associated with baseline dependence and significantly higher for non-dependent individuals who later became dependent during the subsequent three years of college. These associations were observed for both sexes, Whites, Blacks/African-Americans, Asians, and other racial minorities. The sensitivity and specificity were suboptimal. The TLI-CV advances prior research to identify college students at risk for SUD. This approach holds potential promise to identify and ultimately modify the trajectories of college students who may be at risk for the development of SUD.
Arria, Amelia M.; Vincent, Kathryn B.; Caldeira, Kimberly M.
Background Heavy drinking and illicit drug use among college students has been a longstanding public health concern. Current methods to screen and identify college students at-risk for the development of substance use disorders (SUD) are somewhat limited. Objectives This study aimed to cross-validate the work by Kirisci et al., (1) who developed the Transmissible Liability Index (TLI), by deriving a set of items that would be potentially useful for characterizing SUD risk across multiple dimensions among college students. We examined: 1) variations in the TLI-college version (TLI-CV) by race, sex, SES, religiosity, and family history of substance use problems; 2) the association between the TLI-CV and alcohol and/or marijuana dependence, both cross-sectionally and prospectively, by race and sex; and, 3) the sensitivity and specificity of the TLI-CV for identifying cases of marijuana and/or alcohol dependence. Methods Data from an ongoing longitudinal study of college students (n=1,253) was used to conduct item response theory (IRT) analyses which resulted TLI-CV, comprised of 33 items. Results The TLI-CV was significantly associated with baseline dependence and significantly higher for non-dependent individuals who later became dependent during the subsequent three years of college. These associations were observed for both sexes, Whites, Blacks/African-Americans, Asians, and other racial minorities. The sensitivity and specificity were sub-optimal. Conclusions and Scientific Significance The TLI-CV advances prior research to identify college students at risk for SUD. This approach holds potential promise to identify and ultimately modify the trajectories of college students who may be at risk for the development of SUD. PMID:20180676
Professions are occupational arrangements for dealing with human problems. Professional "people work" requires a certain interactive closeness; face-to-face communication is prominent in professional-client relations. This also seems the case in the educational system. But in education, organization provides the "raison d'etre" of this profession.…
... Women Hair Loss Hand/Wrist/Arm Problems Headaches Hearing Problems Hip Problems Knee Problems Leg Problems Lower Back ... have ear pain or redness but is having problems hearing?YesNo Back to Questions Step 3 Possible Causes ...
Marjanski Vladimir Ž.
Full Text Available People injuries after bites of a dog and/or cat are contemporary and all the time issue. The consequences that stem out of this relationship of people and dogs and/or cats are numerous - medical, utility-environmental, sociological, legal and economic. The subject of this paper is to analyze the epidemiological characteristics of wounds caused by dog and cat bites, their forensic examination and analysis of civil liability of subjects/entities responsible for damages resulting from bite of dogs and cats. Forensic examination is carried out by reconstruction of events, identification of the dog/cat, determination of pathological condition in the dog/cat and the injured party and the estimatimation of alternative explanations. Within the analysis of civil liability, legal basis of liability, the persons responsible for compensation, types of damages and reasons for the disclaimer are determined.
Dills, Angela K
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.
The Cancer Classroom Series is a collection of webinars that highlights topics that provide the educational content, tools, and resources necessary for health professionals, especially those working in public health, to address cancer as a public health problem.
Schaffartzik, Walter; Neu, Johann
The Gutachterkommissionen and Schlichtungsstellen in Germany (Expert Panels and Arbitration Boards for Medical Liability) were founded in the 1970s in order to serve as an institution other than the courts where suspected incidents of malpractice can be evaluated. The "Medical Error Reporting System" (MERS) was developed by the North German Schlichtungsstelle. The data it provides serve as the basis for the national statistics published by the Bundesärztekammer (German Medical Association). 7201 factual decisions were made. In 5074 proceedings no malpractice cases or risk disclosure problems were discovered, while in 2127 proceedings either of the two problems was noticed, and in 1,683 proceedings these problems were rated as being causative in the claimed harm and led to the recommendation to grant financial compensation to the patient. The MERS data reveal that most of the diagnoses which led patients to file a claim with the Gutachterkommissionen and Schlichtungsstellen referred to orthopaedics and traumatology and in the majority of cases reproaches were directed at surgical therapy. Doctors must strive to minimise malpractice and harm caused by medical treatment. With the help of the national statistics of the Bundesärztekammer derived from MERS the doctor can easily access information on cases of medical malpractice and harm in his or her discipline. This knowledge helps to foresee risks in a patient's treatment and to avoid errors.
Full Text Available Abstract Background It is known that following chronic dosing with bupropion HCl active metabolites are present in plasma at levels that are several times higher than that of the parent drug, but the possible convulsive effects of the major metabolites are not known. Methods We investigated the convulsive liability and dose-response of the three major bupropion metabolites following intraperitoneal administration of single doses in female Swiss albino mice, namely erythrohydrobupropion HCl, threohydrobupropion HCl, and hydroxybupropion HCl. We compared these to bupropion HCl. The actual doses of the metabolites administered to mice (n = 120; 10 per dose group were equimolar equivalents of bupropion HCl 25, 50 and 75 mg/kg. Post treatment, all animals were observed continuously for 2 h during which the number, time of onset, duration and intensity of convulsions were recorded. The primary outcome variable was the percentage of mice in each group who had a convulsion at each dose. Other outcome measures were the time to onset of convulsions, mean convulsions per mouse, and the duration and intensity of convulsions. Results All metabolites were associated with a greater percentage of seizures compared to bupropion, but the percentage of convulsions differed between metabolites. Hydroxybupropion HCl treatment induced the largest percentage of convulsing mice (100% at both 50 and 75 mg/kg followed by threohydrobupropion HCl (50% and 100%, and then erythrohydrobupropion HCl (10% and 90%, compared to bupropion HCl (0% and 10%. Probit analysis also revealed the dose-response curves were significantly different (p 50 values of 35, 50, 61 and 82 mg/kg, respectively for the four different treatments. Cox proportional hazards model results showed that bupropion HCl, erythrohydrobupropion HCl, and threohydrobupropion HCl were significantly less likely to induce convulsions within the 2-h post treatment observation period compared to hydroxybupropion HCl. The
Morgan, D L; Trail, W R; Trompler, V A
Although many emergency medical services (EMS) providers are concerned about liability litigation, no comprehensive, national studies of EMS appelate cases have been published. Information about these cases and the use of liability immunity (sovereign immunity, emergency medical care immunity, or Good Samaritan immunity) as a defense could be used for EMS risk management and better patient care. To review recent EMS system civil litigation cases to determine their common characteristics and the number that used liability immunity as a legal defense. An observational study of the WESTLAW computerized database of legal cases from all state and federal appellate courts. All legal cases that named a member of the EMS system as a defendant, involved either a patient-care incident or ambulance collision, and received an appellate court opinion from 1987 through 1992, were studied. Eighty-six cases were identified and analyzed. Most cases (85%) were related to a patient-care incident, and 71% of the cases involved a death or significant physical injury. More than 49% of the patient cases alleged inadequate assessment or treatment, and 27% alleged delay in ambulance arrival or no ambulance arrival. There were 11 cases (15%) that alleged no transport of the patient to the hospital. Liability immunity was used as a defense in 53% of the cases. The appellate courts ruled in favor of 68% of the defendants that did not use an immunity defense and in favor of 72% of those that did use liability immunity. There have been a large number of recent appellate cases involving EMS systems. The common characteristics of many of these cases demonstrate the need for providing rapid ambulance arrival, proper assessment and treatment, and rapid patient transportation to a hospital. Although liability immunity was used as a legal defense by most EMS system defendants, the appellate court outcome was similar regardless of its use.
... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Liability of Banks, Finance Board, Office of Finance and Federal Reserve Banks. 987.7 Section 987.7 Banks and Banking FEDERAL HOUSING FINANCE BOARD OFFICE OF FINANCE BOOK-ENTRY PROCEDURE FOR CONSOLIDATED OBLIGATIONS § 987.7 Liability of Banks, Finance...
Ervin G. Schuster; Paul R. Beckley; Jennifer M. Bushur; Krista M. Gebert; Michael J. Niccolucci
This report stems from Congressional concern over the equivalency between Federal payments to counties containing Federal resource management lands, the likely tax liability, and other county-level benefits and costs associated with those lands. Results indicate that the overall tax liability on Federal lands is almost three times the Federal payments. A survey of...
Vanyukov, Michael M.; Maher, Brion S.; Ferrell, Robert E.; Devlin, Bernard; Marazita, Mary L.; Kirillova, Galina P.
The heritability of substance dependence (SD) liability is based on polymorphisms at the genes that are likely to be related to the function of the central nervous system. We have recently shown an association between the dopamine D5 receptor gene and SD liability. We report herein a replication of this association in an independent case-control…
... 42 Public Health 2 2010-10-01 2010-10-01 false Limitation on charges when a beneficiary has received a liability insurance payment or has a claim pending against a liability insurer. 411.54 Section 411.54 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES MEDICARE PROGRAM EXCLUSIONS FROM MEDICARE AND...
Ricardo Nasser Sefer
Full Text Available This study aims to address the deductibility of environmental liability indemnification of quantum measured in the expropriation of rural property that failed to fulfill its environmental function. The Federal Constitution of 1988, provided for the possibility to expropriate rural property that failed to comply with its social and environmental role. On the subject, the Federal Regional Court of the 1st Region does not signed a single position on this opportunity to deduct the environmental liability, generating as a result, legal uncertainty for landowners and the community itself, being the Institute of Colonization and Agrarian Reform - INCRA the correct deduction.
Carla Eugenia Caldas Barros
Full Text Available The present paper aims to point out the human labor value, based on the ideia of decent work as a fundamental right, and yet analyzes the impact of this influence on the company managers liability. Initially, based on the theoretical and descriptive method, describing the rise of human dignity as the center of the legal system and its connection to the labor fundamental rights, as a limiting factor on business activity. Finally, through the deductive method, showing how the resizing of the company managers liability is conditioned by the principles and values consolidated in the constitutional economic order.
Michael N. Kane
Full Text Available Few studies in the discipline of social work have identified correlates of preparedness to manage risk and personal liability among practitioners or students. This study investigated predictors of MSW students’ perceptions of managing personal risk and liability (N=116. Four correlates were identified from the standard regression model that accounts for 43% of the adjusted variance. These predictor variables included: (a concern and worry about lawsuits (Beta=-.458, p=.00, (b understanding the fit between client advocacy and managed care (Beta=.328,p=.00, (c understanding agency documentation requirements (Beta=-.164, p=.05, and (d perceptions of field preparation for documentation (Beta=.162, p=.05. Implications are discussed.
Jorge Alberto Padilla Sánchez
Full Text Available We face a trend to turn liability of financial institutions to strict liability for breach of their contractual obligations, trend that has been extended by the Colombian judicial activity to situations that do not have legal grounds, under the pretext of protecting the financial consumer as a subject of special protection by the law. Perhaps one of the most emblematic cases of this trend is the responsibility of banking institutions for payment of counterfeit or adulterated checks, which does have a legal mandate that allows distinguish it from the general system of responsibility of such entities.
Phillips, Susan P; Dalgarno, Nancy
Formal and informal medical curricula convey expectations about professionalization, that is, the development of physician identity, and also about professionalism. This study examined whether, in general, junior residents experienced any dissonance between these roles and focused particularly on how they negotiated conflicts between compassion, self-care, duty and medical expertise. In 2015, purposive sampling was used to select 21 first-year residents at a Canadian medical school. Participants listened to a 5-min audio-recording narrated in either male or female voice. Facing compassion fatigue after three obstetrical disasters over less than 2 days the resident narrator asks to go home. Participants reacted in writing to questions about this request and relevant teaching/modelling. Responses were analyzed using a qualitative, exploratory, thematic research design. Four themes were identified: i) empathy, self-doubt and fear of weakness, ii) the need for support from and communication with physicians and others, iii) education received, and iv) professionalization outranks professionalism. Participants agreed that under the circumstances the narrator's care, compassion and request were appropriate. Never the less, many grappled with feeling that asking to be relieved of work demonstrated weakness and a shirking of responsibility. Respondents had received no formal teaching about balancing compassion for patients or self with professional duty. Preceptors' informal teaching and modeling valorized scientific disengagement above all else. What emerged was participants' drive to become detached clinicians who set aside emotional responses and interactions that could impede and be incompatible with professionalization. However, participants also recognized and lamented what was lost in such a transformation. In the transition from student to practitioner, trainees' views and the modeling they receive shift emotion and compassion, whether for self or patients, from
Full Text Available Professional preparation is indeed a complex and dynamic process because it involves a number of interacting elements, which change in time. The objective of the present essay is to analyze the professional preparation in physical education, with the focus on the relation between the very dynamic labor market and the required competence of the professionals to deal with the associated demands. There is no doubt that the professional preparation must not aim to train professionals to merely repeat means for solving practical problems, but professionals with the capacity to repeat the process of solving problems. Consequently, professional preparation programs need to be formative instead of informative and prepare professionals capable of using scientific thinking and method to solve practical problems of intervention.
Bullying is a serious and escalating problem in public schools across America. Each day, thousands of students face taunts and humiliation stemming from bullies. Bullying victims experience emotional and psychological problems that may persist for a lifetime. Other victims commit suicide or retaliate against bullies out of fear for their own…