Judicial Claims Research Articles

The effect of the exit of an insurer, due to government liquidation, on access to health care: evidence from Colombia.

Our study evaluates the liquidation effect of a health insurer from a subsidized scheme, with the largest number of members in Colombia, on restrictions to future access to user care. Based on the information regarding complaints and judicial claims about healthcare, the effect of this government decision is estimated using a dynamic econometric model of differences in differences. Our results suggest that the liquidation of the Health-Promoting Entity (EPS, its acronym in Spanish) CAPRECOM has a negative effect, specifically, it led to an increase of 0.32 and 0.21 in complaints rates per 1,000 members in the receiving EPSs during the first and second quarters after the intervention, respectively. However, this effect does not persist over time and becomes diluted in the following quarters. There is no evidence of a relationship between the magnitude of the effect and the EPSs performance ranking. Additionally, we do not find significant effects on judicial claims. Our results are important concerning the design and implementation of public policies for EPSs liquidation. We demonstrate the necessity of implementing actions to incorporate guidelines and strategic plans during the transition period. Such actions would enable safeguarding the right to health for the affected population in a liquidation insurer case.

Company Merger and its Impact on Eligibility for Litigation

Resorting to the judiciary is a right guaranteed by most constitutions, and it is organized according to procedural laws that guarantee whoever takes this path the integrity of the procedures. It is known that a judicial claim is made only through a lawsuit, which is preceded by a claim of the right. In order for the lawsuit procedures to take place in the manner prescribed by the law, the latter required the availability of a number of The conditions for accepting a lawsuit are litigation, eligibility, capacity, and other conditions. The lawsuit in the judicial claim is the right of every person to whom the law recognizes legal personality and thus enjoys the legal capacity that allows him to be a party to any legal relationship, and among these people is the company, and when we are before an existing company that has legal capacity, there are no problems with that company entering into the legal process. Any legal relationship, except that what is raised is in the event that an abnormal situation occurs in the life of the company that affects its eligibility, as is the case in a merger. Here we will be faced with a new company existing as a result of the merger of two companies with each other, but the end of the life of the company through the merger does not mean applying all the procedures. Regarding the termination of the company, we are faced with an abnormal situation of the end of the legal existence of the company, and this prompts us to examine this issue based on the impact of the merger on the eligibility for litigation of the merged company .

Forensic nursing in the emergency department: the distance between nurses’ performed role behaviors and their perception of behaviors’ importance

BackgroundEmergency department nurses often deal with victims of violence and trauma. In the emergency department, the main focus is on saving lives and stabilizing patients' conditions. The next important task is to preserve any valuable evidence that could potentially help identify a crime. It is important to describe how nurses currently practice in the emergency department and perceive their role in caring for forensic patients. This study aimed to investigate the frequency of performance and perception of the importance of forensic nursing role behaviors among emergency department nurses as well as the correlation between mean scores of performance and perception.MethodsThis is a cross-sectional correlational descriptive study. This non-observational survey study used a questionnaire to investigate the frequency of performance and perception of the importance of forensic nursing role behaviors among 274 emergency department nurses.ResultsThe total mean scores for frequency of performed behaviors and their perceived importance were 2.36±0.65 and 4.23±0.64 respectively. The overall mean scores of importance were significantly higher than frequency. There was a significant correlation between the frequency of performance and perception of the importance of twenty-eight items (twenty-four positive correlations and 4 negative correlations) (p<0.05). The frequency of performed behaviors positively correlated with participants’ type of shift worked and their personal experiences of legal and judicial claims. The female gender of respondents positively correlated with behaviors’ perceived importance.ConclusionThe study revealed a significant discrepancy between the frequency of forensic nursing role behaviors performed and their perceived importance in the emergency department. This gap emphasizes the pressing requirement for forensic nursing subjects to be incorporated into graduate and undergraduate nursing curricula, as well as ongoing training programs and courses. It is crucial to establish and implement forensic nursing protocols for the care of trauma victims, and to foster collaboration between healthcare systems, law enforcement, and forensic investigators to streamline the process.

The legitimacy of land use decisions by public authorities in the Netherlands: Results from a survey experiment

Because of the ever-growing scarcity of land, decisions on land use are increasingly contested. Public authorities and policy makers rely on the legitimacy of their powers to make these decisions. This contribution empirically tests three legitimacy claims commonly used by public officials. We compare the political claim of representation of the public interest with the participative claim of co-decision and the judicial claim of neutrality and general legal norms applied equally to all. Our representative survey experiment (N = 1501) tests these claims in the context of land use decisions in the Netherlands. It appears that the participative and the judicial claim produce substantially more public legitimacy than the political claim of representing the public interest. Both co-decision and judicialization of decision-making can thus be effective ways to secure legitimacy of land use decisions.

Judicial claims for medical error and its impact on the mental health of professionals

Judicial claims for medical error and its impact on the mental health of professionals

TECHNICAL EVALUATION AND ECONOMIC ASSESSMENT METHOD OF DAMAGES AND DEFECTS IN FENESTRATION OF NEW RESIDENTIAL BUILDINGS

Damage and defects in fenestratrion of new buildings generate multiple legal claims for the corresponding civil liability of building agents in Spain. Frames usually comply with the legally enforceable regulatory requirements. Judicial claims have origin in the defects that occur mainly in the installation on site, which entail the loss of technical performance, some of which could be verified by on-site tests, although not all. In this research, we develop tools to inspect windows quickly but systematically and to evaluate their damage and defects as objectively as possible, even in the absence of tests. We present tables with the performance failures, defects, and damages that we have found most frequently in our inspections of building openings. This tables can facilitate their inspection and identification. We present the method that we use to objectively assess the technical relevance of damage and defects in buildings openings. This method uses a scale of degree of affectation to the corresponding technical performance required for each window and the relation of this with the economic valuation of the reparation, which is the most relevant final parameter of any legal claim. Keywords: Windows, pathology, expert reports, degree of affectation

Dealing with Prolonging the Resolution of Civil Lawsuits

Civil lawsuits are settled by taking a set of procedures that start with a judicial claim and fall out with the issuance of a conclusive judgment. These procedures must take an appropriate period of time for the courts to reach the truth in their judgment. However, the way it’s going on nowadays which everyone complains about; is prolongation of the resolution of these lawsuits, which is not justified by the issuance of unbiased judgments. Accordingly, we try in this research to detect the insufficiency in the legal provision that contributes in delaying the resolution of lawsuits, to find appropriate solutions in this matter, and offer recommendations guarantee speeding up of resolution of these lawsuits.

조세채권의 소멸시효 중단사유에 관한 연구

The term ‘extinctive prescription system’ means a system that extinguishes a person’s right when the holder’s right isn‘t exercised for a certain period of time. This system is designed to maintain a social order that has lasted for a certain period of time and to exclude persons who sleep on their rights without exercising their rights from the preservation of evidence that becomes difficult over time. Nevertheless, if there is a certain act in the virtual state of non-exercise of rights, the effect of the existing prescription period will be lost, which is called the interrupting of the extinctive prescription. Recently, an important ruling has been issued regarding the causes interrupting extinctive prescription. It is particularly relevant to the judicial claim. For example, in the case where it became a question of whether the government could file a lawsuit against taxpayers due to the interrupting of the extinctive prescription, the supreme court ruled that it was possible if there were special circumstances. Regarding the special circumstances, the Supreme Court's ruling 2017 DU 41771 states that the tax payment is not sufficient or that the seizure cannot be initiated due to unknown address. Tax claims are no different from ordinary civil claims, so the reason for the interrupting of the extinctive prescription stipulated by the Civil Code can be applied to tax claims as long as they do not violate the nature of the claim. In a situation where the amount of arrears after the statute of extinctive prescription is increasing rapidly, it is necessary to secure the national finances and prevent malicious taxpayers who abuse the statute of limitations. The discussion between Japan and Germany is worth considering in comparison. And the discussion in Japan is especially similar to that in Korea. Some criticize that it is unclear what the special circumstances mean. The inefficiency of taxation administration is also pointed out. This is because lawsuits may have to be filed regardless of the amount of arrears. It will have to be supplemented by legislation or accumulated judicial precedents.

Dismissing The Judicial Claim In The Administrative Lawsuit

A lawsuit must be filed with the appropriate administrative court once a party complains to the issuing authority about the relevant judgment in a judicial dispute in general and an administrative one in particular. This is in order to litigate for the purpose of removing the harms it caused after alerting it of its behavior that caused the harm through a complaint, so that an action can be reviewed without dispute. The judge detects the dispute and gives his judgment according to the evidence to establish the right and the dispute is between. However, there are cases that may cause the end of the dispute between the parties with their consent or because of mistakes issued by them. This may cause the dispute to be substantively or formally resolved, permanently or temporarily, without issuing a judgment on the matter. Some of its reasons are a final solution to the dispute between them, and others are a reason to re-file the lawsuit proceedings again.

Bariatric endoscopy, care-curative medicine and legal conflicts. Spanish Bariatric Endoscopy Group (Gettemo-SEED) Positioning.

Bariatric endoscopy treats obesity as a disease, in addition to its multiple associated comorbidities, so it should be considered in the "care-curative" field and not as "satisfying, voluntary or outcoming" medicine. Insufficient weight loss cases, or complications may occur. This, in parallel with the greater diffusion of these techniques, results an increase in the risk of complaints and judicial claims, which will presumably grow during next years. In this sense, we consider that all Bariatric Endoscopic Units working with medical-scientific rigor, must be able to be accredited and have legal support by the Scientific Societies. We propose to create a Medical-Legal Advisory Committee, composed of a medical team and a specialized law firm, which allows advising and guiding the endoscopist when incurring in a conflict.

Промежуточное и частичное решение суда первой инстанции по гражданскому делу

The article claims to be scientific novelty. The question is raised about the relationship between the concepts of partial and interim court decisions. A method is proposed to solve the problem: differentiation of the procedural form of a court decision and a court decision as an act of justice. It is emphasized that a court decision as a procedural document is not identical to a judicial decision as an act of justice: a procedural document may lack an act of justice, two procedural documents contain one act of justice, one procedural document may contain several acts of justice. The concept of an interim decision makes it possible to divide court proceedings into proceedings to protect the disputed or violated right to recover a sum of money and proceedings to determine the amount of the amount of money being recovered. Proceedings for the protection of the right to recover a sum of money is a lawsuit, since its task is the protection of a subjective right. The proceedings to determine the amount of the recovered amount are special proceedings, since its task is to establish the actual circumstances. The judicial claim proceedings are terminated by the adoption of an interim decision on the recognition of the right to recovery. After the interim decision comes into force, the interested parties may settle the differences amicably or initiate proceedings to determine the amount of the amount to be recovered. If an interim court decision is an act of justice, then a partial court decision is a procedural document that contains the court's answer to only one of the questions put before the court. The court answers other questions in another partial decision, or an additional decision. The best form of an interim court decision, from the author's point of view, is an interim decision to recover an advance against a monetary amount, the amount of which can be determined by the court in the future. The article names the functions of the advance collected by the interim solution.

The Right to Health and the Health Effects of Denials

We estimate the health costs of supply-side barriers to accessing medical care. The setting is Colombia, where citizens have a constitutional right to health care, but insurance companies that manage delivery impose restrictions on access. We use administrative data on judicial claims for health as a proxy for unmet demand. We validate this using the register recording all health service utilization, estimating that a one standard deviation increase in judicial claims is associated with pervasive decreases in utilization rates of between 0.25 and 0.71 standard deviations, including in medical consultations, procedures, hospitalizations and emergency care. These restrictions on access manifest in population health outcomes. We estimate that a one standard deviation increase in judicial claims increases the all-cause mortality rate by between 0.10 and 0.23 standard deviations. Increases in mortality are pervasive across causes, with the largest increase in deaths from certain cancers. They are also pervasive across the age and sex distribution but larger among individuals over the age of fifty and (weakly) among women and the low-income population.

COMMUNICATIVE COMPETENCE IS AN INTEGRAL PART OF THE QUALITY PROFESSIONAL ACTIVITY OF ANESTHESIOLOGIST

Preamble. Last years there were noticeable increase of interest to communicative capability which is meaningful component of physician’s professional activity seeing its considerable influence on quality of process of medical treatment and patient satisfaction.Capable physician behavior towards patient and his/her family members increase success of medical treatment and patient trust in physician.Problems in communication of anesthesiologist with patient are discussed in this article considering continuous increase of intensity of work and society requirements to medical professionals. Significance of highly developed communication experience in prevention of complaints and judicial claims is underlined.The aim of this article is to summarize separate information about communicative capability, peculiarities of communication of anesthesiologist with patient and show practical doctors’ way how they can improve communication.Materials and methods. Given in this article evidence are based on information that was derived from PubMed database, on recommendations of American Society of Anesthesiologists and data from «The Complete Guide to Communication Skills in Clinical Practice», materials published in foreign and domestic issues, experience.Results. The review of modern data highlighted in the article reflects the difficulties and peculiarities of communication between an anesthesiologist and patients and their relatives, based on the specifics of his work in the perioperative period at different stages of anesthesiologic support of surgical interventions and in the conditions of medical care provided to patients in the intensive care unit (ICU).Attention is focused on the high tension in the work of medical personnel, the high severity of the patient’s condition, which is accompanied by a decrease in the possible time for communication with the patient and his relatives.The recommendations given in the article will help the anesthesiologist to improve the existing communication skills and increase his desire to further improve them.

The Patient Medical Relationship with the use of New Technologies

The technologies will directly impact the doctor-patient relationship. The health area will receive the help of new technologies such as: robotics, artificial intelligence, augmented reality and tele consultation. These technologies may cause resistance to treatment by patients, if they are not fully aware of how the technology will be applied in their medical treatment. The present study aims to apply a questionnaire with specific questions, to participants attended by the public health network (SUS), as well as by the private health network (private clinics), aiming to obtain information about their acceptance regarding medical care / treatment performed by new technologies, whether these procedures will cause a psychological shock to the point of triggering a judicial claim for compensation for alleged medical error. Another objective is to find out if, if a medical / psychological (biopsychosocial) reception is initially carried out, as well as if the previous presentation of the technology to the patient through a psychopedagogical work, demonstrating the benefits and improvements provided, if the patient will feel more confident with medical treatment using new technologies. The results will be obtained through a descriptive, cross-sectional and qualitative study carried out at the Base Hospital of São José do Rio Preto / SP, and in private clinics of medical specialties in the specialties of radiology, cardiology and ophthalmology of São José do Rio Preto / SP, in the second half of 2019 and the first half of 2020.

A remoção de conteúdos políticos da internet como estratégia eleitoral na democracia brasileira

Objetivo: analisar a correlação entre a aproximação de períodos eleitorais no Brasil e pedidos judiciais de remoção de conteúdo na Internet. Metodologia: dados de processos judiciais e relatórios de transparência de provedores de conteúdo pelo método estatístico Mínimos Quadrados Ordinários (MQO), obtendo correlações parciais puras entre meses anteriores às eleições e pedidos de remoção ao nível de significância de 1%. Resultados: correlação positiva com aumento de, em média, 42,05 em julho, 120,05 em agosto, 230,25 em setembro e 65,25 em outubro. Discussão: existe uma preocupação dos políticos brasileiros com a repercussão que as informações na Internet terão para os resultados das eleições. Embora a maioria das solicitações de remoção (3.885, 77,2%) seja baseada no argumento de difamação, a coincidência temporal sugere que os pedidos estão relacionados ao processo eleitoral como um todo, e não apenas com a proteção individual da honra ou imagem dos candidatos. Limitações: existem poucos períodos disponíveis para análise, há falta de objetividade na classificação das motivações e inexiste uma categoria específica para remoções políticas nos relatórios dos provedores de conteúdo. Conclusões: os indícios do uso de pedidos de remoção como estratégia eleitoral revelam a necessidade de maior transparência por autoridades públicas sobre conteúdos removidos e justificativas para essas retiradas de informações da Internet

Documento presentado a la gobernación de Cartagena de Indias por Felipe Vergara Azcárate y Caicedo en 1786

El documento que se transcribe es la representación de Felipe Vergara Azcárate y Caicedo, jurisconsulto santafereño y fiscal de Cartagena de Indias para el año 1786, a la gobernación de dicha plaza para solicitar la suspensión de la Matrícula de Mar o para la creación de un nuevo sistema de reclutamiento naval basado en las particularidades del territorio y de la sociedad del virreinato neogranadino. Vergara analiza en este documento las causales por las que considera inicuo una instauración inconsulta de este tipo de sistemas y por qué es importante reflexionar en torno a una aplicación graduada a las necesidades del territorio americano.&#x0D; &#x0D; The following transcription stems from a judicial claim staked by the attorney from Santa Fe Felipe Vergara Azcárate y Caicedo, who by the year 1786 was vexed as the state’s attorney from the government of Cartagena de Indias. In this document Vergara jumped to the conclusion that it was peremptory the abrogation of the so called Matrícula de Mar (Naval Register) or the instauration of a brand new manning system for the Navy based on the specific characteristics of the institutions, people and soil of the viceroyalty. In this document, Vergara analyzes why it was a pessimum decision of the instauration of the Naval Register and why it was important to think over about a new instauration based on the singularities of the Hispano-American soil.

Mandatory Arbitration of Intra-Corporate Disputes in Brazil: A Beacon of Light for Shareholder Litigation?

We survey law firms, firms and institutional investors to better understand their preferred method of intra-corporate dispute resolution in Brazil. Consistent with a number of theories, we find that these organizations prefer arbitration to judicial claims as the method of intra-corporate dispute resolution. Our findings suggest that their choice of arbitration is based on the parties’ preferred ranking of objectives: quality of the decision; time to resolution; and costs. We find that parties choose to resolve disputes involving up to US$ 2.5 million through mediation or conciliation. We also find that arbitration and mediation or conciliation are almost equally preferred methods for intra-corporate dispute resolution involving values above US$ 2.5 million.

스포츠 스폰서 계약시 도핑 관련 신의성실의 원칙 조항의 필요성에 관한 연구

With regard to doping, which is a problem in sports recently, sports sponsor companies should pay close attention to the doping problem of sponsors as a part of risk management strategy. This is because the relationship between the sponsor company and the sponsor is a legal relationship, a contract. However, in Korea, due to the peculiarity of the sports sector, the rights of sponsor companies based on the contract are not properly protected. In order to devise the plan, it was concluded that the provision of the principle of faithfulness in the contract could be one of the measures. The results of this study are summarized as follows.BR First, doping basically uses medicines that can be used for treatment and research, and how to use them for the purpose of participating in competitions and strengthening temporary physical ability.BR Second, sports sponsor companies judicially have the right to claim by tort under article 750 of Korean Civil Law. In public law, criminal offenses based on the Pharmacological, Medical and Health Crimes Enforcement Laws can be identified for the existence of judicial claims based on these.BR Third, the provision of a new rule of observance is an expression of a willingness to exercise a very active claim, indirectly eradicating the misuse of dope drugs and methods, and moreover, in the form of sports sponsorship agreements for athletes. It can also lead to the formation of paths that can be created.BR Based on this research, we hope to contribute to the creation of a more healthy, objective and responsible sports industry with regard to sports sponsorship agreements.

Whether to Permit the Judicial Claim for the Interruption of Extinctive Prescription of Tax Claims

Whether to Permit the Judicial Claim for the Interruption of Extinctive Prescription of Tax Claims

Multiple-party, multi-claim litigation and permissive joinder – perspectives on the Consumer Law

This study examines various forms of permissive joinder, multiple claims and non-compulsory counterclaim mechanisms available under Consumer Law, especially from the perspective of multi-party strict liability or multiple-party claims against professionals using unfair commercial terms or unfair commercial practices. The study underlines the voluntary aspects characterising the joinder of consumers as plaintiffs, as well as the admissibility of the opting-in – opting-out dichotomy depends on the type of redress sought by the consumer as a pursuant litigating party. The litigant consumers may be represented in pursuing the avoidance of unfair contractual terms by legal entities, which are not mentioned by Law no. 193/2000, on unfair terms in consumer contracts between the qualified entities. In these hypotheses, the permissive joinder system is characterized as an opting-in system, based on the features of the common interest mandate agreement described in the Civil Code general provisions on the mandate contract provisions are dealing with the problematic of multiple-claim redress actions in which several consumers plaintiffs are represented by the attorneys, based on the same source of litigation against the professionals. Another reason for using the third-party intervention mechanism in consumer complaints is that of allowing a third party or a subsequent party to join a lawsuit engaged between the originating parties (consumer vs professional); where the claim emanates from the express assent of the intervenient, the procedural intervention will be voluntary, and it has been used in jurisprudence in litigious procedures involving consumers and credit professionals and also in actions in avoidance of unfair contractual provisions. Consumer associations who fulfil the legal representative requirements may introduce judicial claims supporting collective interests of consumers in the opting-out injunctive relief procedure, for instance in the field of unfair terms in consumer contracts; subsequently, after the judge had finally decided on the existence of unfair terms and ordered the professional to eliminate those unfair terms from the existing contracts, the pursuant consumers, who intend to compensate reciprocal payment obligations or to obtain redress for the past payments collected by the professional based on those unfair terms, may resort to individual actions in compensatory relief or to a voluntary joinder in the action introduced by other prejudiced consumers against the professionals. Another aim of this study is to trace the metrical features of the consumer’s right to procedural impleading; the consumer who justifies a legitimate interest may implead a third person, against the party could have introduced a separate claim on indemnity or (2) At its turn, the impleader may implead another person for the breach of warranty. Fundamentally, the impleader’s claim and the main claim will be discussed simultaneously. Nevertheless, should the discussions on the impleader’s claim unjustifiably delay the judgement on the main claim, the judge may decide on its disjunction in order to have the impleader’s claim judged separately.