Institutional Liability Research Articles

К вопросу об эффективности противодействия антиконкурентным действиям коллективных субъектов в публичном праве

In the article, the author addresses the issue of liability of collective legal subjects, covers the matters of its efficiency and potential alternatives to reaction to anti-competitive actions of public government authorities that currently exist in the national law and order. The article focuses on means of impact on addressees of administrative and competition law provisions from the civil liability standpoint. The author pays the greatest attention to the problem of efficient counter-measures including anti-competitive actions of public government authorities, the author believes it inexpedient and illogical to apply penal liability to such authorities to achieve the effect of the so-called institutional liability. Following an analysis of the law enforcement practice, the author concludes that special supervision (antimonopoly monitoring with regards to antimonopoly regulation) is an efficient measure of combating illegal actions of collective subjects to achieve both prospective and retrospective legal liability effects.

The law code of ChatGPT and artificial intelligence-how to shield plastic surgeons and reconstructive surgeons against Justitia's sword.

Large Language Models (LLMs) like ChatGPT 4 (OpenAI), Claude 2 (Anthropic), and Llama 2 (Meta AI) have emerged as novel technologies to integrate artificial intelligence (AI) into everyday work. LLMs in particular, and AI in general, carry infinite potential to streamline clinical workflows, outsource resource-intensive tasks, and disburden the healthcare system. While a plethora of trials is elucidating the untapped capabilities of this technology, the sheer pace of scientific progress also takes its toll. Legal guidelines hold a key role in regulating upcoming technologies, safeguarding patients, and determining individual and institutional liabilities. To date, there is a paucity of research work delineating the legal regulations of Language Models and AI for clinical scenarios in plastic and reconstructive surgery. This knowledge gap poses the risk of lawsuits and penalties against plastic surgeons. Thus, we aim to provide the first overview of legal guidelines and pitfalls of LLMs and AI for plastic surgeons. Our analysis encompasses models like ChatGPT, Claude 2, and Llama 2, among others, regardless of their closed or open-source nature. Ultimately, this line of research may help clarify the legal responsibilities of plastic surgeons and seamlessly integrate such cutting-edge technologies into the field of PRS.

The Irresistible Simplicity of Preventing Harm

Abstract In Loomis v. Amazon.com, the California Court of Appeal confronts the most pressing products liability issue of our time: the extent to which an online marketplace is liable for injuries caused by defective products sold on its platform. In a trailblazing concurrence destined to enter the torts canon, Justice John Wiley highlights Amazon’s ability to influence the safety of the products it makes available for sale, and uses the case to remind us that the “deep structure of modern tort law” is built to “minimize the social costs of accidents.” Similarly, Justice Wiley cuts a clear path through the thicket of the economic loss rule, institutional (or vicarious) liability and punitive damages cases by following the torts lodestar: the irresistible simplicity of preventing harm.

Asset declarations – an effective corruption prevention instrument in Southeast Europe or paper tiger?

The aim of the present Note is to raise awareness of the public and decision makers about the loopholes in the procedures for verifying asset declarations and penalising irregularities in them and offer solutions for more efficient verifications in order to increase the liability of institutions and enhance the rule of law.

The Form of Civil Liability of Securities Service Institutions in Securities Misrepresentation: Reconstruction Based Perspective

In the context of the joint and several liability under Article 163 of the Securities Law of the People's Republic of China, it was common practice to order securities service institutions to assume full joint and several liability without distinguishing the degree of fault and the magnitude of causative potency. Even in the cases of differentiated liability, the court's reasoning on the degree of fault is relatively general and imprecise. Based on China's legislation and trial practice, this research discusses the type of duty of care of securities service institutions. Then it uses case study and comparative research methods to reconstruct the differentiation of liability in misrepresentation, taking into account extra-territorial experience. When the securities service institution commits the misrepresentation intentionally, it shall bear full joint and several liability; if the misrepresentation is caused by gross negligence, it shall bear proportional joint and several liability; if the misrepresentation is committed by general negligence, it shall bear supplementary liability. In this way, reconstructing the joint and several liability restriction in a reasonable way is the proper implementation of consistency of fault and liability.

Research on Compensation Liability for Wrongful Birth Tort

In recent years, the concept of eugenic gradually became popular in our country while medical technology developed rapidly. The increasing prevalence of prenatal testing has been accompanied by an increase in the number of wrongful birth cases. Wrongful birth mainly refers to the birth of disabled children due to the negligence of doctors who fail to diagnose the potential birth defects of the fetus or fail to properly inform the parents. Wrongful birth damage liability is a concurrence of breach of contract liability and tort liability. From the perspective of protecting parents of defective children, the choice of tort liability relief path is more advantageous. The constitution of compensation liability includes the illegality of medical behavior, the fact that the child's parents have damage, the causal relationship between the illegality of medical behavior and the loss of the child's parents, and the fault of the medical institution. The body responsible for compensation should be the medical institution rather than the medical staff in charge of prenatal examination at that time. The scope of compensation should not include general maintenance costs, but support should be given to special maintenance costs and compensation for emotional distress. The reasons for exemption and exemption of liability of medical institutions include three kinds: limited medical treatment level, consent of fetal parents and fault of fetal parents.

Medical Liability for Allocation of Scarce Healthcare Resources in the COVID-19 Pandemic: the Italian scenario

Abstract Summary 1. Tragic Choices in COVID times; 2. Criteria for the Allocation of Scarce Healthcare Resources; 3. Liability of Healthcare Professionals and Institutions; 4. Possible solutions?

Criteria for allocation of life-saving resources during the SARS-COV-2 pandemic: ethical implications and aspects of legal liability.

The issue of political, institutional and professional liability in the context of the SARS-COV-2 pandemic is currently widely debated and involves several levels of investigation. One crucial aspect relates to the allocation of life-saving resources in situations where there is an imbalance between need and availability and the associated questions of ethical and legal liability. This work looks at the implications of the criteria applied to rationing under extraordinary conditions and the issue of their legitimacy. Considering the European scenario, we describe the approach taken by Italy in proposing criteria for pandemic triage of intensive treatment and highlight certain problems and critical issues. We emphasise that the decision, based on a comparative assessment, to deny treatment to a patient in critical condition, compromising that patient's right to care, exceeds the scope of decision-making autonomy of the professional concerned and requires a theoretical and procedural definition shared at multiple levels of society.

STATE PROTECTION OF THE RIGHTS OF PARTICIPANTS OF CREDIT RELATIONS IN UKRAINE AND OTHER COUNTRIES

The article deals with the peculiarities of the state regulation of credit relations in Ukraine and other countries of the world. Special attention is devoted to problems of protection of the rights of individuals-borrowers and the liability of financial institutions for violation of the terms of the loan agreements.
 The authors draw attention to the imperfection of the domestic state regulations in protecting the rights of consumers of financial services. On the basis of analysis of normative sources, concludes that in Ukraine the rights of borrowers is implemented using the General civil-law methods, such as payment of penalty and compensation for damages and contractual penalties. Provides that when the borrower relationship involved a natural person, are also considered statutory provisions of the legislation on protection of consumer rights. The majority of legal provisions contained in the same law and to establish penalties for the violation of consumer rights does not apply to the provision of financial services. It is concluded that in connection with the above, means of influence on the creditor in the contract there are only penalties provided for by the parties themselves.
 Due to the fact that today there is no possibility of application of the financial, administrative and criminal sanctions against credit institutions for violations of the rights of consumers of financial services, the authors made proposals on improving legislation in this sphere. In particular, it is proposed to determine the grounds and amount of payment of legal damages by a creditor for non-fulfillment of their obligations established by contract or by law; to develop the procedure and consequences of termination of the contract of consumer credit in connection with the failure of obligations of third parties (seller, executor). The necessity of regulatory consolidation of financial sanctions, administrative and criminal responsibility of managers of financial institutions for violation of credit services; the possibility of suspension, termination or revocation of appropriate licenses.

Građanskopravna odgovornost lekara zbog stručne (lekarske) greške

Civil liability for healthcare workers and healthcare institutions is one of the most significant problems in Health and Medical Law. The basis of responsibility is always an open question, whether it be medical errors, misinformation or faulty work organization. Aiming to make things clearer for individuals practising medicine, this paper presents the concept of a professional (medical) error, the basis of responsibility for the doctor (medical error, damage to the patient and the cause-and-effect relationship between a medical error and the damage caused) as well as the precise explanation of who has to prove what in possible court proceedings.

Ethical Considerations When Using a Mobile Eye Tracker in a Patient-Facing Area: Lessons from an Intensive Care Unit Observational Protocol.

This article describes the process of designing, approving, and conducting an investigator-initiated protocol to use an eye-tracking device in a health care setting. Participants wore the device, which resembles eyeglasses, in a front-facing manner in an intensive care unit for the study of personnel gaze patterns, producing a visual record of workflow. While the data of interest for our study was not specifically the health information protected by the privacy rule of the Health Insurance Portability and Accountability Act (HIPAA), a wide variety of such data was captured by the eye-tracking device, and the prospective consent of all people who might have been incidentally videotaped was not feasible. The protocol therefore required attention to unique ethical considerations-including consent, privacy and confidentiality, HIPAA compliance, institutional liability, and the use of secondary data. The richness of eye-tracker data suggests various beneficial applications in health care occupational research and quality improvement. Therefore, sharing our study's successful design and execution, including proactive researcher-institutional review board communication, can inform and encourage similarly valuable, ethical, and innovative audiovisual research techniques.

Liability of Health Care Professionals and Institutions During COVID-19 Pandemic in Italy: Symposium Proceedings and Position Statement.

BackgroundOn May 12, 2020, a symposium titled “Liability of healthcare professionals and institutions during COVID-19 pandemic” was held in Italy with the participation of national experts in malpractice law, hospital management, legal medicine, and clinical risk management. The symposium’s rationale was the highly likely inflation of criminal and civil proceedings concerning alleged errors committed by health care professionals and decision makers during the COVID-19 pandemic. Its aim was to identify and discuss the main issues of legal and medicolegal interest and thus to find solid solutions in the spirit of preparedness planning.MethodsThere were 5 main points of discussion: (A) how to judge errors committed during the pandemic because of the application of protocols and therapies based on no or weak evidence of efficacy, (B) whether hospital managers can be considered liable for infected health care professionals who were not given adequate personal protective equipment, (C) whether health care professionals and institutions can be considered liable for cases of infected inpatients who claim that the infection was transmitted in a hospital setting, (D) whether health care institutions and hospital managers can be considered liable for the hotspots in long-term care facilities/care homes, and (E) whether health care institutions and hospital managers can be considered liable for the worsening of chronic diseases.Results and ConclusionLimitation of the liability to the cases of gross negligence (with an explicit definition of this term), a no-fault system with statal indemnities for infected cases, and a rigorous methodology for the expert witnesses were proposed as key interventions for successfully facing future proceedings.

Digital transformation of the financial industry: The substance and trends

Digital transformation (digitization) of the financial industry is the reason behind the deep change in the models of interaction between actors in the financial market. However, a generally accepted interpretation of digitalization has not yet been proposed. The paper discusses the distinctive features of the financial industry digitalization and uses them as a basis for offering a unified description of the nature of this transformation. The methodological framework is the notion of three types of innovation – technology, organization, and product. The research methods used in the article are analysis and synthesis. The paper demonstrates how the types of innovation determine the nature of the digital transformation of the financial industry and how they are manifested in various digital financial products. Digital transformation of finance includes two aspects: (a) Fintech revolution, i.e. technological companies entering the financial market, and (b) adoption of innovative digital technologies by traditional financial companies. We propose the 4U model to describe the marketing aspect of the financial industry digital transformation and introduce the concept of flexible finance as a way to provide financial services that suggest lower liability of financial institutions. The research results show that, firstly, digital transformation of the financial industry is not limited to the technological aspect but also includes organizational and product-related elements. Secondly, the trends in the financial industry digitalization are similar to those in the digital transformation of the global economy.

PENERAPAN SISTEM PERTANGGUNGJAWABAN PIDANA BAGI LEMBAGA PERBANKAN DITINJAU DARI TEORI-TEORI SISTEM PERTANGGUNGJAWABAN PIDANA KORPORASI

The economy of the modern society is closely related or even inseparable with the world of banking. It is due to the fact that the main function of banking institutions is basically as an intermediary. However, the fact that the existence of banking institutions is as a corporation does not always have a positive impact. It can also impact negatively in the sense that the banking institution as a corporation becomes a perpetrator of criminal acts or conducts various criminal acts harmful to the public but untouchable by law.The results show that banking institutions (banks) can be categorized as corporations according to the criminal law. Consequently, as a legal subject, the bank is supposedly liable to commit a criminal offense and may be held accountable for criminal acts. The corporate criminal liability system has been legitimized and justified by several doctrines or theories: identification theory, strict liability theory, vicarious liability doctrine, the corporate culture model or company culture theory, doctrine of aggregation, and reactive corporate fault. If it is related to the subject matter, the corporate criminal liability system, as legitimized and justified by the various theories, can be applied to banking institutions. Hence, according to such theories or doctrines, the bank is deemed able to commit criminal acts and bear criminal liability. In addition, the arrangement and application of corporate criminal liability systems for banking institutions may also be justified by several fundamental or principal reasons.However, it is unfortunate that the system of criminal liability for banking institutions as a corporation is not yet applicable. This is because the current banking law is still dominated by the principle of "societas delinquere non potest" and collided with the principle of legality in criminal law. Thus, to overcome various problems that may arise in the future, the banking law needs to be revised by taking into account several things as described further in this paper.

Legal liability of stomatological institutions in responding to state public health emergencies

Crisis management in emergent public health event is a global difficult problem for researchers worldwide, which is highlighted by World Health Organization for its vital importance to public sanitation and health, life quality and survival. This article briefly analyzes and summarizes the relevant legal issues faced by stomatological institutions and workers after the emergent crisis caused by COVID-19 virus breakout in China since December 2019, so as to provide legal advises and guidance to stomatological institutions for responding public health emergencies.

전자금융거래 사고와 금융기관의 책임

전자금융거래 사고와 금융기관의 책임

Accidents on Electronic Financial Transactions and the Liability of Financial Institutions

Accidents on Electronic Financial Transactions and the Liability of Financial Institutions

전자금융거래 사고와 금융기관의 책임

전자금융거래 사고와 금융기관의 책임

Legal responsibility for infringements related to providing medical assistance and services

The purpose of the paper is to investigate legal liability for offenses related to the provision of medical assistance and services. Research methods: documentary analysis and synthesis, comparative analysis, objective truth, cognitive-analytical, etc. The main types of legal liability for offenses in the sphere of medical services and services were investigated, in particular: the grounds for the application of civil, disciplinary, administrative and criminal liability were revealed. The development of medical science, the improvement of the standard of living of the population and the establishment of democratic institutions help to increase the demands on the work of medical professionals and to increase the cases of their responsibility for the improper performance of their professional duties. The specificity of the legal liability of medical professionals and medical institutions is the problem of the not legally fixed concept of medical error (which is considered to be a purely medical concept, but is nonetheless a ground for exemption from legal liability) and an accident. When considering medical cases, the court is always forced to establish the absence or presence of guilt in the actions of medical professionals, and the presence of a medical error or accident precludes the liability of medical professionals. Therefore, defining the boundaries of a medical error and an accident is a top priority. Therefore, it is necessary to distinguish concepts such as medical error, accident and professional misconduct in medical practice. In this case, a medical error should be understood as legitimate actions of medical professionals. It should also be noted that it is worthwhile to take advantage of the experience of many countries and to introduce a professional error insurance institution that results in harm or loss to the health of a citizen unrelated to the negligent or negligent performance of their professional duties. However, in legal practice, it is necessary to refuse to use the term medical error, and to speak only about professional or medical error.

Cardinal Sins: How the Catholic Church Sexual Abuse Crisis Changed Private Law

Even by the standards of the scandal plagued Catholic Church, 2018 was a very bad year. For several decades now, the unfolding of the Catholic Church sexual abuse crisis has been front-page news. It has wreaked havoc on hundreds of thousands of lives, cost the Church billions of dollars and done irreparable harm to a once-revered institution. Along the way it has also helped to transform the all-important private law of responsibility. When the crisis began to break in the early 1980s, the few victims who sought legal redress faced a daunting array of obstacles. Limitations periods alone had the effect of barring almost all child sexual abuse claims. Immunities helped to shield the Church from liability. Private law was generally hostile to institutional liability, particularly where the harm resulted from the criminal act of an individual. All of that has changed. Among the catalysts for change, the Catholic Church sex abuse crisis looms large. The scale of the crisis and the universal nature of the Church were certainly both important factors, but so too was the Church’s response. From the initial impulse to cover up instances of abuse right through to choices made in the legal and political arenas, it appeared willing to do almost anything to protect itself, apparently regardless of the consequences. Yet the Church had traditionally benefited from special treatment precisely on the ground that it was not an ordinary self-interested legal actor. The tension between the Church’s mission and its approach began to attract notice. Courts and legislators were prompted to act. Longstanding protections such as limitations periods and immunities began to fall. As the Church continued to aggressively defend itself in court, the accumulating precedents did not reflect well on it. The troubling continuity between how the Church treated initial allegations of abuse and how it handled the legal claims of survivors suggested an ethos that placed the preservation of the institution above the interests of the child. In this context, a broader idea of institutional liability started to seem important and even necessary. Changes in liability rules followed and the very idea of responsibility began to shift. Ironically, the Church’s determination to protect itself at any cost brought about the very result it most feared. In the process, it also helped to work a dramatic transformation of private law.