Negligence Actions Research Articles

NEUROPHARMACOLOGICAL STUDY OF PHYLLANTHUS NIRURI IN SWISS ALBINO MICE

Objective: The objective of this study is to evaluate the neurological, behavioral, and autonomic changes of Phyllanthus niruri in Swiss albino mice using Irwin’s method.
 Methods: A total of 24 mice was divided into four groups of six each (3-male, 3-female in each group). Aqueous extract of P. niruri was prepared. Based on body weight aqueous extract was given to the mice by orally through gavage tube (Group I – 300 mg/kg, Group II – 600 mg/kg, Group III – 900 mg/kg, and Group IV – 1200 mg/kg). Neuropharmacological profile is studied for each mice using Irwin’s observational test, the mice were observed for 4 h after oral administration for various behavioral, neurological, and autonomic changes at 0, 1, 2, 3, 4 h.
 Results: P. niruri showed negligible actions at 300 mg/kg and 600 mg/kg body weight. At 900 mg/kg and 1200 mg/kg P. niruri showed certain behavioral and neuronal changes. P. niruri increased alertness, stereotypy, restlessness, irritability/aggressiveness in behavioral profile indicating that the drug is a CNS stimulant. Furthermore, it showed mild tremors in neurological profile indicating CNS excitation.
 Conclusion: Aqueous extract of P. niruri at 900 mg/kg and 1200 mg/kg showed changes in behavioral profile, neurological profile, showing it as CNS stimulant properties. Since it is an observational study further research should be done to explore CNS stimulant properties in various in vivo studies.

Rubble Stone Masonry Buildings with Cement Mortar: Base Shear Seismic Demand Comparison for Selected Countries Worldwide

Full base shear seismic demand analyses with calculated examples for heavy stone masonry buildings are not present in the literature. To address this shortcoming, analyses and calculations are performed on nominally reinforced rubble stone masonry house and school designs, as typically built in Nepal. The seismic codes are literally applied for countries where the technique is still allowed (Nepal, India, China, Tajikistan, Iran, Croatia), or should be reintroduced based on current practices (Pakistan, Afghanistan, Turkey). First, this paper compares the base shear formulas and the inertia forces distributions of these codes, as well as material densities, seismic weights, seismic zoning, natural periods of vibration, response spectra, importance factors and seismic load combinations. Large differences between approaches and coefficients are observed. Then, by following Equivalent Lateral Force-principles for Ultimate Limit State verifications (10%PE50y), the base shear and story shears are calculated for a design peak ground acceleration of 0.20 g, as well as the effects of critical load combinations on the forces and moments acting on the lateral-resisting elements. It is concluded that Pakistan has the most tolerant code, Nepal represents an average value, whereas India and China are most conservative toward the case study buildings. Overall, it is observed that heavy-masonry-light-floor systems with negligible diaphragm action behave different under seismic motion than most other building typologies. Given the observations in this paper, the applicability of conventional ELF, S-ELF and S-Modal methods for heavy masonry buildings is questionable. The codes however do not introduce modified approaches that address these differences. Possible implications of the exclusion of plinth masonry and large portions of seismic weight need further assessment and validation, for which different (possibly more sophisticated) concepts must be considered, such as the equivalent frame method or distributed mass system. Since Nepal allows stone masonry in areas with higher seismic hazard levels >0.40 g (opposed to India <0.12 and China <0.15 g), their code is taken as the reference and starting point for follow-up research, which aims to verify the seismic demand by performing seismic capacity checks of the masonry piers and spandrels. The paper ends with an appeal for global collaboration under the research project SMARTnet.

Greenhouse Gas Emissions, “Event Attribution” and Locus Standi in Foreign Courts

The liability of multinational entities that have caused greenhouse gas emissions through their extraction activities in the fossil fuel industry has pushed climate change on to the international agenda. Those corporations now face challenges from litigants who have initiated negligence or nuisance actions for breach of duty of care. Suits against individual corporations are now possible due to the development of attribution science that can register the extent of each liability. Litigants from third-world countries have to satisfy locus standi in bringing claims which is difficult to establish in some jurisdictions. For example, in Lliuya v. RWE, (Az. 2 O 285/15, OLG Hamm) 24/1/2017, a South American farmer brought a claim in Germany against RWE-AG, Germany’s largest electricity producer, to challenge the effects of greenhouse gas emissions from its plant in Peru. This paper asks: Is it possible for foreign litigants to bring a private tort action against the defendant corporation that has allowed greenhouse gas emissions, in that corporation’s domestic courts, and to surmount the obstacle of locus standi? It concludes that it is possible for litigants from developing countries to litigate effectively because the foreign courts’ statutory protections, such as the doctrine of separation of powers or political rights doctrine can be overcome if climate litigation is viewed as a human rights matter. The prospects of success of litigants has increased by the impact of event attribution science that can quantify the extent of private actor liability in climate change.

A Critical Analysis of the Role of Courts in Determining Breach of Duty of Care in the Law of Torts

To succeed in an action for negligence under the law of torts, a plaintiff must prove that the Defendant owed to the plaintiff a duty of care, that the Defendant had violated that duty of care, and that the plaintiff suffered some injury as a result of the breach of duty of care. Accordingly, before going into the question as to whether a breach of the duty has occurred, it is necessary to first resolve the issue as to existence or otherwise of a duty of care and the degree of such duty as well as standard of care. It is only after this that an examination into the actions of the defendant and as to whether a breach has occurred, would become necessary. This paper undertakes a critical look into involvement and attitude of the court over the years in resolving the question of breach of duty of care under the Law of Torts. Beginning with a cursory look at duty of care and the neighbor principle as enunciated in Donoghue v. Stevenson as well as the factors that determine existence or otherwise of duty, the paper proceeds for purposes of proving breach of duty, to determine the expected standard of care, the reasonable man’s test and the doctrine of Res Ipsa Loquitur. Then follows a consideration of what prevailing attitude of courts of law to (classes of defendants in cases relating to) breach of duty of care is, and a conclusion that acknowledges the continuing nature of discussions on breach of duty of care, especially in view of the wide and flexible nature of the subject and the fact it is more often than not, affected by numerous, sometimes unanticipated and unanticipatable circumstances.

The Concept of Penal Mediation for the Crime of Medical Negligence in Realizing Legal Protection for Medical Personnel and Patients or Their Families

The research objective was to determine the form of legal protection for medical personnel and patients or their families for criminal acts of medical negligence and the form of the mediation concept of penalties for medical negligence. This research uses normative juridical legal research, is descriptive analysis, data sources are primary and secondary legal materials. Medical negligence lies between deliberate and coincidence, the crime of medical negligence is not mens rea, culpa offense is a false offense. The concept of penal mediation for the criminal act of medical negligence is to bring together medical personnel with patients or their families directly, changing the perspective of criminal law towards a humanistic criminal law, because the main focus isn’t on retaliation but on efforts to restore and make peace. The concept of penal mediation isn’t intended to maintain discretionary measures by law enforcers but to provide a place for penal mediation for criminal acts of medical negligence in the criminal justice system in realizing legal protection for medical personnel and patients or their families. The concept of penal mediation in realizing legal protection for medical personnel and patients or their families is a reform of criminal law as a reflection of restorative justice that needs to be regulated and by offering conditional norms. Criminal law reform must be carried out by reviewing and reconstructing criminal law in accordance with the social central values and socio-cultural values of the Indonesian people so that Indonesia's criminal law in the future is filled with Pancasila values.

Employer Liability for "Take-Home" COVID-19.

Workplace exposure to SARS-CoV-2 has sickened workers and, subsequently, their family members. Family members might be able to recover from the employer in a negligence action using "take-home" liability theory.

Quarantine for COVID-19 its Laws and Limitations

The Coronavirus disease began back in December 2019 as pneumonia without a definitive causative organism in the city of Wuhan, in Hubei province of China. This is the second pandemic that China has given birth to, the former being in 2003. Since the beginning of this pandemic, the Centre for Disease Control and Prevention (CDC) announced that this is primarily a droplet infection. Studies have also shown that show that the large virus-laden droplets are the main focus of infection and the CDC advices to maintain at least a two-meter distance between people and personal hygiene. Although quarantine carries a paradoxical history, a virus whose predominant mode of spread being respiratory droplets can be contained by simply staying indoors. The strategy of quarantine has its own demerits. Unless carried out meticulously, it involves the mingling of individuals who might have been exposed which undoubtedly increases the risk of diseases transmission. This in itself, is an act of negligence by the medical fraternity unless provided with proper facilities. Restricting the movement of populations is also an essential part of a strategy which comes at the cost of paralyzing the economy. Hospitals and other institutional quarantine facilities open up all over the globe in attempts to curb the spread of the novel coronavirus. Nevertheless, quarantine a strategy is a controversy because such a strict yet systemic approach can cause political, economic and socio-ethical unrest within a nation.

INFERENCE: An Evidence-Based Approach for Medicolegal Causal Analyses.

A fundamental purpose of forensic medical, or medicolegal, analysis is to provide legal factfinders with an opinion regarding the causal relationship between an alleged unlawful or negligent action and a medically observed adverse outcome, which is needed to establish legal liability. At present, there are no universally established standards for medicolegal causal analysis, although several different approaches to causation exist, with varying strengths and weaknesses and degrees of practical utility. These approaches can be categorized as intuitive or probabilistic, which are distributed along a spectrum of increasing case complexity. This paper proposes a systematic approach to evidence-based assessment of causation in forensic medicine, called the INtegration of Forensic Epidemiology and the Rigorous EvaluatioN of Causation Elements (INFERENCE) approach. The INFERENCE approach is an evolution of existing causal analysis methods and consists of a stepwise method of increasing complexity. We aimed to develop a probabilistic causal analysis approach that (1) fits the needs of legal factfinders who require an estimate of the probability of causation, and (2) is still sufficiently straightforward to be applied in real-world forensic medical practice. As the INFERENCE approach is most relevant in complex cases, we also propose a process for selecting the most appropriate causal analysis method for any given case. The goal of this approach is to improve the reproducibility and transparency of causal analyses, which will promote evidence-based practice and quality assurance in forensic medicine, resulting in expert opinions that are reliable and objective in legal proceedings.

Akibat Hukum Malpraktik yang Dilakukan oleh Tenaga Medis

Malpractice refers to an act of negligence or an act with the correct standard operating procedures but causes harm to consumers, in this case the patients and this can threaten the health and safety of the patient. Malpractice committed by medical personnel is certainly very detrimental to those who need medical treatment and greatly affects the hospital’s integrity which is certainly the center for all medical actions. Based on this, this study examines what the legal regulatory for medical personnel who commit malpractice and how to sanction his speech are. To uncover the issues a normative research method is used by applying the legislative approach that examines the applicable laws and regulations and a conceptual approach to reviewing library materials in the form of theories and opinions of legal experts. The legal regulatory for malpractice actions by medical personnel are regulated in several laws and regulations providing basic guidelines regarding malpractice actions committed by medical personnel. The regulations are found in the medical and health laws which provide legal certainty for the injured. This is a characteristic of the law itself in upholding justice. Malpractice acts committed by health workers have been regulated in the legislation No. 23 of 1992 concerning Health and the Medical Code of Conduct in force. In addition there are sanctions for the actions of medical personnel commiting malpractice, including criminal sanctions, civil sanctions, administrative sanctions and moral sanctions.

Shooting Down Military Aircraft: Pakistan Responsibilities Over India

Introduction to The Problem: The act of firing on two Indian military aircraft carried out by Pakistan indeed constitutes the right of air control over military aircraft according to the Paris Convention of 1919 and the Chicago Convention of 1944, according to which this convention's control rights over foreign military aircraft are strict and maximum, it does not contain exceptions Article 32 of the Paris Convention and Article 3 (c) of the 1944 Chicago Convention The right of maximum and strict control of the state over its airspace is only directed to military aircraft of other countries, where the consideration of national security is the main reason. But still, the shooting action carried out by Pakistan against Indian military aircraft is an act of negligence on airspace which became its sovereignty, due to the lack of coordination related to the shootings carried out. Purpose/Objective Study: This study aims to determine and understand the regulation of Indian military aircraft in the 1944 Chicago Convention on Flight of Military Aircraft to Airspace in Other Countries and the responsibility of the state of Pakistan in firing Indian military aircraft from the perspective of international air law. Design/Methodology/Approach: This research is research that uses normative legal research methods using a type of legislation approach and case approach. The legal materials used are primary, secondary, and tertiary legal materials that are useful for obtaining conclusions that are relevant to the problems in this study. Findings: The results showed that: 1) the regulation of Indian military aircraft in the 1944 Chicago Convention was categorized as a military aircraft (state aircraft) type of MiG-21 Bison interceptor which was indeed used for military, police and customs purposes, which in this case did not have the right to do flight above the airspace of another country before obtaining permission in advance from the country concerned; 2) the form of responsibility that must be given is in the form of termination of acts, apologies and remedial actions in the form of restitution, ie repairing as before the Indian military aircraft that he shot and providing protection for pilots he captures, this is as regulated in Article 31 of the ILC Draft. Paper Type: Research Article

Awareness among Intern Doctors about Medical Records and Duty of Doctors in Tertiary Care Hospital, Valsad

Background:Optimum knowledge of medical records and duty of doctor is must for every doctor to enhance safe health care delivery in an unbiased standardized way. Present study was undertaken with aim to assess awareness of intern doctors towards medical records and duty of doctors. Materials and methods:Present study was undertaken at Gujarat Medical Education and Research Society (GMERS) Medical College, Valsad, Gujarat after obtaining ethical approval from the Institutional Ethical Committee of Valsad. Total 10 questions were prepared and validated on Likert scale (1 to 5, 1 – Strongly Disagree, 5 – Strongly Agree) regarding medical records and duty of doctors. Total 100 intern doctors of GMERS Medical College, Valsad, Gujarat were subjected to pre-tested and pre-validated Likert scale type questionnaire regarding medical records and duty of doctors after obtaining their informed written consent. Data obtained were analyzed via median score and tabulated. Results:Students were well aware about following facts like Maintenance of patients’ record is legal duty of hospital, Every operation required informed written consent of patient, Fail to attend patient during emergency is punishable, Patient has right to refuse treatment, and Carelessly leaving object into patient body during operation is negligent act. Students were not sure of facts like Patients’ records are property of patients, Refusing patient on religious ground is punishable, Not to treat patient due to HIV is punishable, and doctor has right to choose patient. Students were not aware regarding either doctor can refuse to attend medico-legal case or not. Conclusion: Intern doctors had no awareness regarding duration of preservation of hospital records. Students were not sure of various aspects of medical records and duty of doctors. Compulsory internship in Forensic Medicine subject as well as sensitization workshop regarding medical records and duty of doctors for interns at beginning of their internship may build confidence among them to be aware with various duties of doctors.

Suing the NHS for clinical negligence: reports analysis.

John Tingle, Lecturer in Law, Birmingham Law School, University of Birmingham, discusses some recent reports on clinical negligence actions against the NHS.

Dental negligence in clinical practice

‘Negligence’ is derived from the Latin word ‘Neglego’ or ‘Neglect.’ Professional negligence arising from medical/ dental negligence is an absence of a reasonable degree of care and skill or negligence of a dental practitioner in the treatment of a patient, which causes injury or death.3 In dental clinics there may be negligence in making a wrong diagnosis, failure to obtain informed consent, failure to order X-ray in cases where the history suggest impacted tooth, a broken file in tooth, performing more task than the patient consent for unprofessional procedure, mercury poisoning while doing dental filling is also considered as negligence.2 Related articles were searched in PUBMED and Google scholar database and a total of 12 articles were reviewed from 2002 to 2018. Human values and ethical principle guide our profession and prevent the practitioner from any act of dental negligence.

Auditors’ Negligence and Professional Misconduct in India: A Struggle for a Consistent Legal Standard

Gross negligence is a severe form of negligence. Its severity has been characterized using the presence of a mental element or mens rea accompanying the negligent act. Within the context of professional negligence, gross negligence is important as it constitutes professional misconduct. For auditors, a finding of professional misconduct through disciplinary proceedings can result in suspension or expulsion from the profession. The Securities and Exchange Board of India also uses this concept to determine whether an auditor has violated any securities regulations. Given the implications of a finding of gross negligence on the practice of an auditor, this paper seeks to examine the legal standard in detail. The paper examines all reported High Court decisions from 1950s till 2019 and finds that the standards applied by the High Courts have been inconsistent. In the absence of any precedent from the Supreme Court of India that details what comprises gross negligence in the context of auditors, the inconsistent approach of the High Courts poses a problem. The Supreme Court decision in the P.K. Mukherjee case (1968) dealt with an auditor’s misconduct, however, it did not examine the question of gross negligence. This paper offers a starting point for a discussion to minimize the uncertainty currently associated with auditors’ liability for professional misconduct, especially hoping to assist the newly established the National Financial Reporting Authority in its decision-making process.

Natural resource inequities, domination and the rise of youth communicative power: changing the normative relevance of ecological wrongdoing

ABSTRACT The failure of states to take the necessary actions to prevent global temperatures from soaring may be interpreted as more than an act of environmental negligence. In terms of a knowing imposition of harm, it also represents an act of domination. That is, a deliberate denial of rights to a safe, democratic, and sustainable future. This paper notes the role played by institutional power in preserving this system of domination and in shaping the discursive spaces in which carbon energy options continue to be vigorously defended even in the face of mounting evidence of their danger. Yet as signs of eco-distress grow stronger, so too does a questioning of the legitimacy of this power order. This paper examines how youth employ ‘communicative power’, as the product of a common will formed in non-coercive communication, to counter this domination and reinterpret climate change as the product of dysfunctional decision-making and ‘abnormal’ justice relations between generations. It notes the significance of these actors’ mobilization efforts to societal processes of learning about democracy's better potentialities and capacities to transform society from within (via law).

America’s Atomic Age: The Health and Environmental Consequences of Governmental Negligence in Nuclear Tests

The first atomic bombs tested and detonated in the United States (US) sparked a mass fascination with atomic technology in a period that came to be known as the Atomic Age. The widespread support of the atomic bombings in World War II (WWII) and approval of atomic weapons thus ignited accelerated testing of atomic weaponry. However, with the earliest nuclear weapons tests, the American military paid little attention to the potential consequences of the tests. This paper examines the nature, impact, and implications of two of the major twentieth-century American atomic tests: Crossroads Baker and Castle Bravo. These tests led to serious health repercussions for both native Bikini Islanders and American servicemen involved with the tests. The American government’s reckless approach to nuclear testing in the first part of the twentieth century was not only disastrous in terms of the health issues it created but was also unethical due to its misleading warnings. The environmental and health effects of the US government’s negligent actions then can still be felt today — nuclear waste from the tests remains locked up with little maintenance at the Enewetak Atoll, threatening another potential nuclear disaster due to mismanagement and negligence.

Medical Malpractice in Public Health Emergencies: a Review of Medical Response to COVID-19 in Nigeria

The Article establishes that in a pandemic situation, there is a duty to prevent the transmission of disease & an established duty of care to all other patients. The upsurge in demand for health services in a pandemic situation should not excuse or justify the breach of this duty of care which can result in any harm or injury being done to a patient. In a pandemic situation, the rejection of patients by hospitals, the failure to pay special attention to patients even in isolation centres e.t.c can be adjudged as negligent actions for which medical practitioners & medical institutions can be liable.

Medical Liability in Sinus Surgery: A Westlaw Database Analysis From 2000 to 2017.

Medical malpractice occurs when a hospital or health-care provider through negligent act or omission results in an injury to a patient. More than 50% of otolaryngologists have faced at least 1 claim, with rhinology being the most litigated subspecialty. This study aims to analyze medical litigation trends in Rhinology from 2000 to 2017 in the United States. The Westlaw database was reviewed from 2000 to 2017. Data were compiled on the demographics of the plaintiffs, procedures, nature of damages, legal allegations, and the use of expert witnesses, physician demographics/practice characteristics, verdicts, indemnities, and county/state of case. There were 75 cases that met inclusion criteria after review of 125 cases. Majority of cases went to trial over settlement (80%) and were found in the Northeast region of the United States (36%). Most common cited legal allegations were improper performance and failure to follow standard of care. The most common nature of injuries were eye injury (29%) and intracranial complications (27%). The highest payouts were for progression of disease followed by intracranial injury. Of the 75 total cases analyzed, 37 (49.3%) used expert witnesses. When an expert witness was used at trial, the verdict statistically favored the defendant (62.5%). Our analysis reveals the importance of meticulous surgical techniques and thorough preoperative evaluations.

Ekološke aktivnosti predškolske dece u funkciji očuvanja prirode

The environment which a child lives in affects the functioning of the body as a whole, as well as the rest of the living world. Since human activities threaten the living world through negligent actions and the use of technical and chemical agents that pollute water, air, land and the environment as a whole, it is necessary to develop environmental awareness and culture at the earliest age of every child. This is a precondition for their proper development and attitude towards nature, that is, towards the places they live in. Preschool children must be brought up to understand the need for and significance of clean water, land and air, as well as to behave environmentally friendly in all situations, which will speak of their developed environmental awareness and culture. The goal of environmental education in preschools does not only involve acquiring knowledge about the environment, but also the understanding of the natural processes that take place in it and their interdependence, as well as developing a positive attitude towards the environment, and environmental behavior. The role and significance of educators in a modern preschool institution are reflected in providing a diverse living space, creating a stimulating environment for learning, understanding and developing environmental awareness in children, and awakening children's interests to preserve the natural environment. Numerous and diverse environmental activities are used for this purpose, and they can be included in the majority of learning materials that are used when teaching preschool children. These are, for example: the activities that ask the children to recognize the ecosystems and the unity of the organic and inorganic world, that is, the general connection, interdependence and balance in nature; discovery activities that expand their knowledge about the environment, build the right attitude towards it and motivation to protect, restore and improve the environment; the activities that allow the children to recognize the roles that living and non-living world have in people's lives, as well as human impact on the environment; the activities that protect and improve the environment; the activities that allow people to save, rationally use and restore natural resources in the environment. In addition to these, there are different approaches and models within the environmental education of preschool children. These are: the informational and educational model, action-related model, and the social and environmental context. All of these are used in everyday practice and aim to acquire environmental knowledge, awareness and culture.

Implementation of Embedded System based High Performance Protective System in Vehicles

In the modern developed and developing nations people who are using mobile phones have increased at a rapid pace, the people are addicted to them so much they are not even able to ride their vehicle without using their mobile phones. This act of negligence has risen to an extent to cost their lives. Many researches have been conducted to determine the concentration of a person when he is driving his vehicle with and without using their mobile phones. The results were as expected; people tend to lose their concentration when they are using their mobile while driving. In this paper we have come out with a method by which we can reduce the accidents occurring to the people using their mobile phone while driving. The high-performance safety driving system inhibits further acceleration and slows down the vehicle automatically eventually coming to rest. This system involves an addition of sensor to the mobile and a control to the vehicle.