Evidence Of Negligence Research Articles

Child Fatality Individual Case Reports: A 24‐Year National State‐by‐State Review

AbstractThis study focused on the content of 1186 Child Fatality Review Board individual case reports collected nationally over a 24‐year period (1995–2019). This information, in contrast to group data, may yield important insights into the causative factors, especially for child fatality resulting from neglect and inflicted injury. The reports were collected from six of the 50 states and evaluated for the quality and amount of information. They were also surveyed for data identifying causative factors for neglect and inflicted injury. Only 25 (2 per cent) of 1186 reports that are publicly available contained sufficient information about the four major causative factors—cause of death, prior child protection agency involvement by the family, evidence of professional negligence or error and family history of at‐risk circumstances. The 25 cases were then reviewed and coded for presence of information about these factors. The findings demonstrate the need for federal intervention to provide specific guidelines for the states to track their cases, to use a common nomenclature, to investigate common causative factors and to practice common reporting procedures. In this way, a robust national database can be developed.

Obscene response as an individually responsible act

The problem of the spread of slander is relevant today. Obscene language is opposed by social institutions (church, science, education, justice), but swear words actively function in society, and individual expressions can become phrasemes. The obscene response of the defender of the island of Zmiinyi has become widely used. This fact has not received a scientific explanation. The purpose of the study was to identify the reasons for the positive perception and large-scale distribution of obscene (abusive) expressions by society. The paper uses the following methods: dialectical, interdisciplinary, inductive, comparative, analysis and synthesis, processing of reference literature. In science, the following properties of obscene language are known: an attribute for people who want to look special; a weapon for verbal abuse; a tool against psychological overstrain; an indicator of a person's experience of stress; evidence of speech negligence of a person. In science, abusive vocabulary was not considered relevant for expressing the civic position and personal courage of the speaker as a fact of their responsible act. M. Bakhtin explained the act as an activity of a unique individual consciousness and called the role of intonation important for its implementation. The obscene response of the Ukrainian defender is a verbal counteraction to the enemy, and the refusal of captivity in conditions of threat to life testified to an act that charmed society and caused delight. The intonation of the response (disrespectful attitude, reduced style of speech) demonstrated the lack of fear in the Ukrainian defenders and disregard for the enemy's strength. The obscene expression of the Ukrainian defender has become a kind of truth of life, a fact of overestimating the power of the enemy to a worthless, pathetic, ridiculed force. In the opinion of the authors, tracing the features of mass consciousness in the perception of information can be promising for investigating the problem of spreading profanity. Examining the verbal reactions of society is useful for consolidating forces in overcoming the enemy

How should we address the inevitable harms from non-negligent variant reclassification in predictive genetic testing?

The process of interpreting genetic variants, in which experts use all available evidence to determine whether an identified variant is associated with a current or future disease, is both scientific and nevertheless subjective. In this paper, we summarize the existing evidence that any given variant could be reclassified and that such a reclassification could lead to harm. Furthermore, the racial gap in genetic databases could lead to a higher likelihood of harm for non-white patients. We also review recent legal analyses indicating it is unlikely that an individual who sues for restitution would be successful, especially in the absence of evidence of lab negligence. We then propose a compensation program for medical genetic tests to ensure that individuals who experience demonstrable harm due to a variant reclassification can be made whole financially. We conclude by discussing outstanding questions that must be answered for such a program to be feasible.

Auditors’ Liability for Failure to Detect Fraud: Lessons Learned from Recent American Case Law

Auditors are occasionally sued for their failure to detect fraud in the client firm during an audit. These lawsuits are typically grounded in professional negligence, negligent misrepresentation, fraud, aiding and abetting fraud, or federal securities fraud. The PCAOB recently promulgated AS 2401, “Consideration of Fraud in a Financial Statement Audit,” which contains fraud-related Generally Accepted Auditing Standards (GAAS) applicable to audits of publicly-traded entities. An auditor’s failure to comply with GAAS may be evidence of professional negligence. U.S. states are divided as to whether an auditor’s averment of compliance with GAAS in an audit report is a statement of opinion or a statement of fact. An auditor’s failure to investigate evidence indicating potential fraud is one factor used to determine an auditor’s legal liability. An auditor may be able to use the doctrine of in pari delicto as a defense if the plaintiff is also a wrongdoer.

Liability and the Use of Prescribed Fire in the Southern Plains, USA: A Survey of District Court Judges

Suppression of historical fire regimes has changed the composition and structure of many fire-dependent ecosystems, frequently resulting in decreased grazing productivity and biodiversity in grasslands and savannas. Land managers have attempted to reverse these trends through the application of prescribed fire, but regulations and liability concerns often deter them. District court judges play a key role in defining the legal context of prescribed burning by interpreting applicable statutes in personal injury or property damage cases resulting from escaped prescribed fire. However, information about the way judges interpret open burning statutes and regulations is difficult to obtain. We conducted a mail survey of district court judges in Texas and Oklahoma, USA to shed light on decisions judges might make presiding over an escaped fire case. The survey included questions regarding their perception of prescribed fire, their understanding of the laws affecting prescribed burning, and hypothetical questions to determine how they would apply relevant law in an escaped fire case. We found that judges cited fewer factors as evidence of gross negligence than simple negligence. This suggests that a shift toward a gross negligence liability standard for escaped prescribed fire cases might result in fewer findings of prescribed burner liability.

THE RIGHT OF ACCESS TO PATIENT’S HEALTH DATA: A COMPARATIVE ANALYSIS OF THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS, THE EUROPEAN COURT OF JUSTICE, AND THE PRACTICE OF THE COURTS OF THE UNITED STATES AND SOME EUROPEAN COUNTRIES

The legal relationships between the physician and the patient involve a duty to maintain the confidentiality of information concerning the patient’s health which is based upon the acting legislation and case law. The non-fulfillment of the said duty mostly brings to civil or criminal responsibility. However, both legislation and case law of various states bear a substantial number of exemptions from the duty of medical confidentiality. With the enhancement of the patient’s role in decision-making concerning his treatment, various issues concerning his data privacy arose. Apart from his data privacy maintenance, there is an issue with the patient’s right to access his medical records. The purpose of access may not be as prosaic as it may initially look like, as in various jurisprudence, including the case-law of international courts, plaintiffs frequently applied to courts to obtain an order for medical records productions so as to file an action against hospitals for negligence. Hence, medical records would be used as evidence of negligence at trial. The positions of the United States courts and the courts in Europe (the given paper embraces several trials from Germany and Portugal) may have divergencies concerning direct access to medical data, the proprietary status of the health records, a right to access of third parties, and its conditions, the categories of personal data banned from patient’s access under certain circumstances, etc. The issue of access to medical records in known in the ECJ jurisprudence since the mid-70s, especially in a number of judgments wherein the plaintiffs sued various EEC bodies attempting to impugn the decision of their human resources department concerning their ineligibility of holding a certain position in the structures of EEC – therein, the defendants did not give reasonable justifications for such decisions and didn’t present any medical documentation to the prospective plaintiffs as a proof of their unfitness for office. Since the 1980s, similar actions were filed to the European Court of Human Rights. In some cases, not only the issue of the patient’s right to inspection of the respective health records was risen, but the aspect of accessing the information on the plaintiff’s biological forbearers as well (trials of Odievre v. France and Godelli v. Italy). Keywords: Medical records, data privacy, a right to access to medical records, medical confidentiality, medical negligence, the proprietary status of health records.

The right of access to patient's health data: a comparative analysis of the case law of the European court of human rights, the European court of justice, and the practice of the courts of the United States and some European countries

The legal relationships between the physician and the patient involve a duty to maintain the confindentiality of information concerning the patient’s health which is based upon the acting legislation and case law. The non-fulfillment of the said duty mostly brings to civil or criminal responsibility. However, both legislation and case law of various states bear a substantial number of exemptions from the duty of medical confidentiality. With the enhancement of patient’s role in decision-making concerning his treatment, various issues concerning his data privacy arose. Apart from his data privacy maintenance, there is an issue of the patient’s right to access to his medical records. The purpose of access may not be as prosaic as it may initially look like, as in various jurisprudence, including the case law of international courts, plaintiffs frequently applied to courts to obtain an order for medical records productions so as to file an action against hospitals for negligence. Hence, medical records would be used as evidence of negligence at trial. The positions of the United States courts and the courts in Europe (the given paper embraces several trials from Germany and Portugal) may have divergencies concerning direct access to medical data, proprietary status of the health records, a right to access of third parties and its conditions, the categories of personal data banned from patient’s access under certain circumstances etc. The issue of access to medical records in known in the ECJ jurisprudence since the mid 70s, especially in a number of judgments wherein the plaintiffs sued various EEC bodies attempting to impugn the decision of their human resourse department concerning their ineligibility of holding a certain position in the structures of EEC – therein, the defendants did not give reasonable justifications for the such decisions and didn’t present any medical documentation to the prospective plaintiffs as a proof of their unfitness for office. Since the 1980s, similar actions were filed to the European Court of Human Rights. In some cases, not only the issue of the patient’s right to inspection of the respective health records was risen, but the aspect of accessing the information on plaintiff’s biological forbearers as well (trials of Odievre v. France and Godelli v. Italy).

‘La Belle Dame qui eust mercy’ and ‘Le Dialogue d’amoureux et de sa dame’: A Critical Edition and English Translation of Two Anonymous Late-Medieval French Amorous Debate Poems ed. and tr. by Joan Grenier-Winther

 Reviews (especially France’s government), and into her recommendations for a well-run society . e Cité itself is an engaged and erudite rebuke both to the historical method Christine knew and to the specific historical narratives of her time, which both justified and structured the assumptions, institutions, and political practices of the generations for whom they were written. Some recent studies by French researchers could have lent additional support to Bourgault and Kingston’s thesis. ese include Françoise Autrand, Christine de Pizan : une femme en politique (Paris: Fayard, ); Claire Le Ninan, Le Sage Roi et la clergesse: l’écriture du politique dans l’œuvre de Christine de Pizan (Paris: Champion, ); and Anne Paupert, ‘“Te donrai preuve par exemples”: statut et fonction des exemples dans Le Livre de la Cité des Dames de Christine de Pizan’, Elseneur,  (), –. Works by Christine translated or mentioned in this volume are unfortunately given by their English titles only; the Ditié de Jehanne d’Arc is a curious exception but one misses any reference to the authoritative edition and translation of the poem by Angus J. Kennedy and Kenneth Varty (Medium Ævum Monographs,   (Oxford: Society for the Study of Mediaeval Languages and Literature, )). is City is the third expert English translation of the work published in the last four decades. Hardy comments very briefly on how her translation differs from earlier ones by Earl Jeffrey Richards (New York: Persea, , ) and Rosalind Brown-Grant (London: Penguin, ), but some indication from the editors about the need for a new translation would have been helpful. Bourgault and Kingston correctly note that medieval writers, including Christine, depended on patronage; it should be noted, however, that men, by virtue of the formal education they could obtain (as women could not), generally enjoyed clerical or other appointments that gave them a living. As a woman, Christine was doubly victimized: shut out from the steady income an educated man might expect, then le without financial support when her husband died, she herself was evidence of the structural negligence and disdain of women she wrote about. As such, she depended far more than others on commissions and other individual acts of patronage, and her success in the teeth of such demands is all the more remarkable. F U T F ‘La Belle Dame qui eust mercy’ and ‘Le Dialogue d’amoureux et de sa dame’: A Critical Edition and English Translation of Two Anonymous Late-Medieval French Amorous Debate Poems. Ed. and trans. by J G-W. (Critical Texts, ) Cambridge: Modern Humanities Research Association. . lxxi+  pp. £.. ISBN ––––. is new edition and translation of two of the poems that participate in the Quarrel of the Belle dame sans mercy is particularly interesting because of its coupling of two poems unique in their structure. Joan Grenier-Winther does an exhaustive job of examining the narrative, structure , and provenance of the two poems. She catalogues the twenty extant copies of MLR, .,   La Belle dame qui eust mercy and the four copies of Le Dialogue d’un amoureux et de sa dame and considers the early printed copies as well. e narrative of each poem is summarized and assessed within the context of the competitive and collaborative poetic communities (to borrow phrases from Emma Cayley and Adrian Armstrong) prevalent in mid to late fieenth-century France. Poetic structure is analysed with a focus on the details of versification; language, stylistics, and rhetorical elements are also examined. Grenier-Winther gives particular attention to the poems’ curious stanzaic form: eighteen stanzas of eight (La Belle Dame qui eust mercy) or ten (Le Dialogue d’amoureux et de sa dame) lines followed by eighteen of thirteen lines. ese poetic technicalities are meticulously considered for good reason. GrenierWinther uses her results to consider who might have composed the two poems. She concludes ultimately that Oton de Grandson was the author (p. xxiii), as had Arthur Piaget in a study published in Romania,  (before he seemingly retracted it later). If this attribution is correct, it means that the poems, or at least the first part of each, were written before Chartier’s Belle dame sans mercy, in contrast to the common assumption that they were written...

Parens Patriae Liability Prevented by Governmental Immunity

In McLaughlin v. City of Martinsburg , 2017 W. Va. LEXIS 638 (W. Va. 2017), the Supreme Court of Appeals of West Virginia held that there was no evidence of police negligence for failure to take Peter James McLaughlin into custody after emergency dispatchers received a report that he exhibited

EPIDEMIOLOGICAL ASPECTS OF HEAD LICE IN CHILDREN ATTENDED TO AT A PUBLIC HOSPITAL IN UBERLÂNDIA, MINAS GERAIS STATE, BRAZIL

Pediculosis capitis is a public health problem not only in Brazil, but also in many countries worldwide. Children are the most likely population group to be infested. The purpose of this study was to verify the prevalence of head lice in children seen at the public hospital in Uberlândia, Minas Gerais State, and factors associated with ectoparasitosis in this group. In addition, data about the transmission, prevention and control were obtained from the children’s parents or guardians. The scalp and hair of every child aged 2 to 12, attended to at the hospital pediatric outpatient clinic from 2015 to 2017, were examined. Questionnaires and characterization sheets were also used to obtain and record the information. The overall prevalence rate observed was 2.8%. The highest prevalence rates were observed in girls with medium length hair. Children presented a relatively low prevalence of head lice in the parasitological examinations. However, the answers to the questionnaires indicated that this ectoparasitosis is common in this population group. All the children examined were of school age, and their parents or guardians indicated the school environment as the main source of infestations. The responses to the questionnaires also highlighted evidence of negligence on the part of guardians of positive children regarding the occurrence of this ectoparasitosis. The information obtained indicates that authorities should design/improve their plans of action regarding guidelines for parents or guardians for adequate prevention and control of this ectoparasitosis.

Mistreatment of Older Adults and associated Psychological Distress: Findings of a Pilot Study

Data collected from 30 older persons in a semi-urban community was analysed to determine the mistreatment of older persons and associated psychological distress. Elder Abuse Instrument (EAI) and Kessler's Psychological Distress Scale (K10) were used to assess the participants. The mean age of the subjects was 67.37 (4.04) years. Three out of 30 participants (10%) had possible evidence of abuse. Every four out of ten participants (40%) assessed to have possible evidence of neglect and 10% had probable evidence of neglect. Majority (53%) of the subjects were assessed to have some evidence of caregiver's negligence. One fifth of the elderly (20%) showed either probable or possible evidence of exploitation while more than one fourth (27%) showed evidence of abandonment. The psychological distress was significantly higher among elderly who were assessed to have possible/probable/definite evidence of mistreatment. Elderly aged above 70 years and widowed elderly were more likely to be exploited.

Surgeons opinions of legal practice in bile duct injury following cholecystectomy

IntroductionLitigation for bile duct injury following laparoscopic cholecystectomy places financial strain on the health service, causes significant patient morbidity and adversely affects the patient and surgeon. Claimants argue that the injury itself is evidence of negligence. MethodsA questionnaire addressing views on BDI causation was sent to members of AUGIS working in the National Health Service, UK. Response themes and responses were compared between groups of surgeons. ResultsOf 117 respondents, 45% experienced BDI and 22% had medicolegal experience. 47% of respondents identified factors outside the surgeons control as being relevant to BDI. Those that had experienced BDI from their own surgery were less likely to identify surgeon/systems errors as the primary cause for BDI than those that had not (34% vs 74%, p < 0.001). Medicolegal expert surgeons were more likely to report that substandard technique should be presumed (50% vs 19%, p = 0.002), however, 25% of medicolegal experts indicated that not all BDIs caused by their own surgery could have been avoided. ConclusionA significant number of experienced surgeons indicated that BDI following LC should not be assumed to result from surgeon negligence or institutional failure. This suggests that negligence should not be inferred from the act of BDI alone.

Human Rights, Civil Society and the Contradictions of Land Reform in South Africa

Land, a central resource for rural development and human survival, has become a recurrent feature of South African politics and a major source of conflict in the country. This prompted the African National Congress-led government to adopt land reform as a key mechanism in its quest to redress racial and class inequalities. However, despite the efforts of government to resolve conflict over land, massive agitation for access to land continues. Government’s failure to deal with this issue has stimulated civil society organisations to become proactive in effecting successful land reform. This paper examines the land reform programme in South Africa, assesses how government policy has affected human rights with respect to access to land, and explores the roles of civil society in the “land battle”. While the country’s Constitution upholds human rights to land use, property rights and human dignity, there is compelling evidence of social injustice, institutional negligence and instances of human rights violations by government, landowners and the landless population. The paper concludes that the land reform has fallen far short of the expectations of the black majority; hence, the need for “bottom-up” land reform driven by the interests of the majority and consideration of minority rights.

Is a fractured skull discovered in the neonate after caesarean section delivery always evidence of negligence?

What is the incidence of fetal trauma at caesarean section? In 2006, Alexander et al. published a study of 37 110 caesarean deliveries at 13 university centres in the USA (Obstet Gynecol 2006;108:885–90) and reported 418 cases of injury. Most were skin lacerations (n = 272) or cephalohaematomas (n = 88). There were 11 cases of facial nerve palsy and nine brachial plexus injuries (potentially congenital). In terms of fractures, there were 11 of the clavicle, eight of long bones but only six of the skull. Three of these followed a failed trial of forceps or vacuum (compared with only one of the long-bone fractures) so three occurred when a caesarean section was the primary intended mode of delivery. Blickstein (J Perinat Med 2004;12:465–9) suggested that caesareans at full dilatation of the cervix have become increasingly common because of a growing reluctance to embark on vaginal mid-cavity instrumental deliveries (which in turn leads to a lack of training and expertise) in case a traumatic injury leads to litigation. Jeve, Navti and Konje in this journal highlight the problem of how best to deliver a deeply impacted fetal head at full dilatation. They report that the pull method (‘reverse breech’) is faster and resulted in less maternal morbidity than push from below, but that there was no difference in birth trauma. However, in the 455 cases in their meta-analysis, fetal injuries were all minor except one case of fractured humerus. The question ‘difficult caesarean delivery of an impacted head and neonatal skull fracture: can the morbidity be avoided?’ has been posed by Tan (J Obstet Gynaecol 2007;27:427–8), who described a primary caesarean section for the delivery of a 5.11-kg baby with an assistant pushing up from the vagina; the baby survived a right posterior parietal fracture with intra-cranial bleeding. He commented that ‘perhaps in this case, the pull method of extraction could have been considered’. Since 2012 I have reviewed four cases of perinatal death associated with skull fracture and caesarean section (no prior attempt at instrumental delivery) at full dilatation. The common feature was repeated attempts to deliver the impacted head by passing the obstetricians’ hands from the uterus down past the fetal head, in order to get underneath and pull it up. There was also upward pressure from an assistant's hand in the vagina. A report of fetal demise during delivery at caesarean despite normal cord gases and without skull fracture (Case Rep Obstet Gynecol 2015;2015:318350) described similar difficulties with delivery—an impacted head, and ‘a number of maneuvers … to accomplish delivery including an attempt to dislodge the head from below by an assistant’. These cases suggest that it may be best to avoid further compressing an impacted fetal head by pushing a hand past it while also applying force from below. However, such anecdotal evidence does not necessarily mean that on the balance of probability the injury would have been avoided if the pull method had been employed. The jury is still out. None declared. Completed disclosure of interests form available to view online as supporting Information. Please note: The publisher is not responsible for the content or functionality of any supporting information supplied by the authors. Any queries (other than missing content) should be directed to the corresponding author for the article.

Insufficient evidence of negligence by gynaecologist: G v County Durham and Darlington NHS Foundation Trust (High Court, 30 July 2014 – Sir David Eady)

Insufficient evidence of negligence by gynaecologist: <i>G v County Durham and Darlington NHS Foundation Trust</i> (High Court, 30 July 2014 – Sir David Eady)

Error disclosure how to say, "I'm sorry.".

Error disclosure how to say, "I'm sorry.".

Abnormal Vital Signs Are Common after Bowel Resection and Do Not Predict Anastomotic Leak

Anastomotic leak is a serious complication of gastrointestinal surgery. Abnormal vital signs are often cited in retrospective peer review and medicolegal settings as evidence of negligence in the failure to make an early diagnosis. We aimed to profile the postoperative courses of patients who undergo intestinal anastomosis and determine how reliably abnormal vital signs predict anastomotic leaks. Consecutive patients undergoing bowel resection with anastomosis at an academic medical center from July 2009 through July 2011 were identified from a prospective complication database. The electronic medical record was queried for postoperative vital signs and laboratory studies, which were digitally abstracted. Abnormal values were defined as temperature >38°C, white blood cell count ≤4,000 or ≥12,000 cells/uL, systolic blood pressure ≤80mmHg or diastolic blood pressure ≤50 mmHg, pulse ≥100 beats per minute, and respiratory rate ≥20 breaths per minute. Patients who developed an anastomotic leak were compared with those with an uncomplicated postoperative course. Of the 452 patients, 141 (31.2%) suffered a total of 271 complications, including 19 anastomotic leaks. Even in "uncomplicated" recoveries, tachycardia and tachypnea were almost routine, occurring in more than half of the patients frequently throughout the postoperative period. Hypotension, fever, and leukocytosis were also remarkably common. The positive predictive value of any aberrant vital sign or white blood cell count ranged between 4% and 11%. Abnormal vital signs are extremely common after bowel resection with anastomosis. Even sustained aberrant vital signs and/or leukocytosis are not necessarily suggestive of a leak or other postoperative complication.

WHAT IS THE ETHICAL COURSE OF ACTION FOR A DENTIST WHOSE PATIENT'S PREVIOUS DENTIST MAY HAVE TREATED THE WRONG TOOTH?

WHAT IS THE ETHICAL COURSE OF ACTION FOR A DENTIST WHOSE PATIENT'S PREVIOUS DENTIST MAY HAVE TREATED THE WRONG TOOTH?

Evaluation of functional fitness’ participants of the Universities of the Third Age University of Physical Education in Warsaw

Abstract Introduction: The assessment of functional fitness of older people, who took part in different forms of activities e.g. in programs which are offered by UTW, together with the information about the fitness level, can have a great importance in optimization of motor activation of older people. The aim of this study is to evaluate the changes in the level of functional fitness and basic parameters of the anthropometric parameters of older women after 16-weeks activity program offered by University of the Third Age (UTW) at the Józef Piłsudski University of Physical Education in Warsaw. Material and methods: Ten women at the age of 72,0±5,40 who attended UTW 1,7±0,48 years took part in the study. Women participated in the activities 2-3 a week, and the major activities were Nordic Walking and gymnastics. Moreover they had a chance to attend Tai Chi, swimming and dancing classes. The Fullerton Functional Fitness Test was used to assess women’s functional fitness. Test was done twice - during the second week and at the end of first semester. Results were evaluated with the usage of norms described for particular test trials and age groups (Jones and Rikli 2002). Measurements and evaluation of basic anthropometric parameters were done as well as Body Mass Index was calculated. Results: At the end of the cycle of activities, it turned out that women achieved better results during the fitness tests than they had after the first test. During evaluation with the usage of norms of Fullerton Fitness Test good level of aerobic endurance, strength and coordination of tested women was noted, however the flexibility test results gave evidence of negligence in this area. It was also discovered that participation in the cycle of physical activities might have been one of the elements that caused positive, considering health, changes in anthropometric parameters of tested women. Reducing of the body mass and the percentage of the fat tissue and regular physical activity had an influence on lean body mass increase. onclusions: Physical activities done by UTW participants during the program, where the major activities were Nordic Walking and gymnastics, had the influence on improvement of their fitness and positive changes in their anthropometric parameters.

The role of surgeon-specific experience and results in obtaining informed consent

The role of surgeon-specific experience and results in obtaining informed consent