Negligence Actions Research Articles

An Empirical Study on Vicarious Liability in Medical Negligence

Vicarious liability is a legal principle that holds an employer or principal accountable for the wrongful actions of their employees or agents while acting within the scope of their duties. In the realm of healthcare, the doctrine of vicarious liability plays a significant role in cases of medical negligence, where patients seek compensation for harm caused by healthcare professionals. The term “medical negligence” is an omnibus one, which has come in vogue to refer to wrongful actions or omissions of professionals in the field of medicine, in pursuit of their profession, while dealing with patients. It is not a term defined or referred to anywhere in any of the enacted Indian laws. A basic knowledge of how judicial forums deal with the cases relating to medical negligence is of absolute necessity for doctors. The need for such knowledge is more now than before in light of higher premium being placed by the Indian forums on the value of human life and suffering, and perhaps rightly so. Indian society has been witnessing the growing awareness regarding the rights of patients. This abstract presents a comprehensive analysis of vicarious liability concerning medical negligence. It delves into the underlying principles, case precedents, and factors influencing the application of this doctrine in the healthcare context. The objective is to provide a clear understanding of the legal implications for healthcare institutions and professionals in such scenarios. Negligence in the medical field is now more careless and we can observe the significant failure. Medical negligence occurs due to not ensuring a standard of care that must be provided. Liability of the hospital as an employer for negligent act. The method used here is empirical research. The final observation from this research is that the medical negligence occurs due to negligence of hospitals and authorities

The Crime of Ecocide through Human Rights Approach

The environment is often called the “silent victim of war” – the case is not different in the Russo–Ukrainian armed conflict. Since 2014, nature − home to 35% of European biodiversity and varied natural habitats − has suffered a tremendous loss in Ukraine. The war has been responsible for the emission of 33 m tonnes of CO2 , and postwar reconstruction is estimated to generate even more. Additional environmental concerns include extensive pollution, degradation of natural habitats, and species extinction. Regarding the new data, more than 2 thousand events can be considered ecocide. Ecocide is the destruction of the natural environment by deliberate or negligent human action. Transboundary environmental harm is also a pressing issue, as pollution “travels” by wind, air, and water to other countries. Ecocide is a new yet old concept concerning severe environmental destruction. In the last decade, a debate has emerged concerning legislation, definition and enforcement. Instead of international criminal law, many believe that the solution will be the human rights approach. Meanwhile, the right to a healthy environment, initially not included in “traditional” human rights conventions, is getting more attention worldwide and in Europe. Recently, the European Economic and Social Committee adopted an own-initiative opinion on the right to a healthy environment in the EU in the context of the war. The aim is to criminalise Russia’s actions under European law and ensure environmental protection to safeguard fundamental rights. In the paper, the author would like to focus on the parallel development of the right to a healthy environment and ecocide.

The Hybridization of the Regulatory Framework of Insurance Contract Law: Elements of a New Setting

This article aims to highlight the phenomenon of hybridization of insurance contract law, which started with its emancipation from contract law. The next phase included its internal stratification, stemming from obvious differences between commercial and consumer insurance, and various contractual positions of contracting parties in these different insurance contracts. Two features of insurance contracts regulation are addressed, based on Serbian law as it currently stands, as well as comparative legal analysis. The first feature is that the legislatively envisaged unified regime for insurance contracts is incomplete and inadequate for all manifestations of this contract. The second feature is that regulation of this matter must enable balancing of interests between insurers and insureds, especially consumers. The authors conclude that insurance regulation can only be conducive when simultaneously ensuring protection of the weaker party, protecting insurers from the negligent actions of the insured, while facilitating conduct of insurance business.

Adolescents and negligent social media use

Digital technology has evolved very quickly in a very short space of time, to the point at which it is now a personal technology that manages the information and communications of users who access the different services offered over the Internet - users who are increasingly younger and at greater risk. Negligent technology use is understood as use linked to the management of social media accounts and mobile apps that, while not intentionally harmful, may nevertheless place the user and/or others at risk. The study of negligent digital technology use during adolescence is vital to preventing risk behaviours through education. These types of behaviours range from anxiety to cyberbullying, device addiction, problems with self-perceptions of one's own body and depression, among others. In this context, the aim of the present study is to analyse negligent digital technology use among adolescents on social media, and to explore the perceptions of this population group regarding the seriousness of these actions and the possible relationship between the two variables. Participants were 2529 students aged between 10 and 17 years from seven regions in southern Europe spread across three countries (Spain, Italy and Greece). The instrument used to collect the data was an ad hoc questionnaire designed to measure, among other things, actions indicating negligent use, excessive use of social medial and perceptions of the seriousness of such social media behaviour. The results reveal that the most negligent actions carried out by minors are: arranging to meet people they met on a social media site; displaying personal information in their account; and giving their passwords to people other than their parents and/or teachers. The results also indicate that adolescents engage in those negligent actions that they perceive to be less serious more assiduously, and carry out those they perceive to be more serious more sporadically. One of the principal findings was the increase in negligent use among older adolescents, which suggests that education in this field needs to begin much earlier, ideally before the age of 12 years.

Screening for elder mistreatment in a Swiss emergency department: a prospective cohort study.

The mistreatment of older adults is a global and complex problem with varying prevalence. As there are no data on the prevalence of elder mistreatment in European emergency department populations, we aimed to translate and culturally adapt the Emergency Department Senior Abuse Identification (ED Senior AID) tool for German use, assess the positive screen rate for elder mistreatment with the German version, and compare characteristics of patients who screened positive and negative. To assess the prevalence of elder mistreatment, we created a German version of the ED Senior AID tool. This tool identifies intentional or negligent actions by a caregiver or trusted person that cause harm or risk to an older adult. Then, the German ED Senior AID tool was applied to all consecutively presenting patients aged ≥65 years at our academic emergency department in the Northwest of Switzerland from 25 April to 30 May 2022. Usability was defined as the percentage of patients with completed assessments using the German ED Senior AID tool. We included 1010 patients aged ≥65 years, of whom 29 (2.9%) screened positive with the ED Senior AID tool. The patients who screened positive were older, more severely cognitively impaired, hospitalised more frequently, and presented with higher frailty scores than those who screened negative. Mortality up to 100 days after presentation was comparable in all patients (p = 0.861), regardless of their screening result. The tool showed good usability, with 73% of assessments completed. This is the first prospective investigation on the prevalence of elder mistreatment in a European emergency department setting. Overall, 2.9% of patients screened positive using a validated screening tool translated into German. This study was registered with the National Institute of Health on ClinicalTrials.gov with the registration number NCT05400707.

Doctors in conflict with the criminal law: A records review of gross medical negligence cases under the Indian penal code

Medical negligence is a critical issue in the healthcare system, often resulting in harm to patients and legal disputes. Objectives: The article focuses on cases of criminal medical negligence in India, including notable cases such as Jacob Mathew, Syad Akbar, and PB Desai. The study aims to analyze the judgments given by courts against medical professionals charged under the Sec. 304A of the Indian Penal Code (IPC). This specific study was undertaken as there was a dearth of research around criminal negligence; however, ample data were available for civil breach of duty by doctors. Material and Methods: This is a records review type of research. The research methodology involved conducting an extensive search for relevant judgments on indiakanoon.com using keywords such as “medical negligence,” “due care,” “Bolam test,” and “Supreme Court (SC) judgments.” The study specifically focused on judgments that pertained to criminal cases under Section 304 IPC (Death due to rash or negligent action) while excluding civil cases, consumer court cases, and disciplinary actions of state medical councils. Results: After conducting a judgment search, 90 cases met the inclusion criteria. The legal principles pertaining to negligence as established in the Jacob Mathew case, such as the definition of negligence amounting to a criminal nature and the criteria for determining a breach of duty, were reproduced. In the Syad Akbar case, SC laid down the difference in evidence required to prove medical negligence amounting to a crime. In the PB Desai case, the court clarified that mere differences in opinion between 2 doctors do not amount to negligence if due care was taken and the treatment was in line with the standard of care applicable at that time. Conclusion: The results of the study provide valuable insights into the judicial approach to criminal medical negligence cases in India. By examining a range of judgments from different jurisdictions, the study identifies common themes, emerging trends, and significant precedents that shape the legal landscape surrounding medical negligence. It underscores the need for robust standards of due care and emphasizes the role of the judiciary in promoting patient safety, accountability, and fair compensation in cases of medical negligence. This article contributes to the existing body of knowledge on medical negligence in India, serving as a valuable resource for legal professionals, healthcare practitioners, policymakers, and researchers interested in understanding and addressing the complexities of this important issue.

Administrative responsibility for violation of customs rules during the movement of goods by natural persons across the customs border of Ukraine: reasons and signs

The article is devoted to the disclosure of the features of administrative responsibility in the movement of goods by natural persons across the customs border of Ukraine, its grounds and features. Attention is focused on the categories: «offence», «customs offence», «natural person», «resident», «non-resident», «customs rules», «administrative responsibility», «violation of customs rules», «administrative responsibility for violation of customs rules». It was found that the violation of customs rules during the movement of goods by individuals across the customs border of Ukraine belongs to the category of administrative offenses and is a type of legal responsibility. It is suggested that the violation of customs rules in the case of movement of goods by individuals across the customs border of Ukraine should be understood as intentional or negligent action or inaction of an individual who interferes with the established procedure for movement of goods by them across the customs border of Ukraine, implementation of customs clearance procedures and customs control of such goods, or ( or) exemption or settlement of customs payments. It has been proven that the elements of violation of customs rules when moving goods by individuals across the customs border of Ukraine must include: a) object; b) the objective side; c) subject; d) the subjective side.
 The grounds for administrative liability for violation of customs rules during the movement of goods by natural persons across the customs border of Ukraine have been disclosed. A proper definition of administrative responsibility for violation of customs rules during the movement of goods by individuals across the customs border of Ukraine is proposed as a specific form of negative response of the state in the form of its authorized bodies (customs and judicial) to violations of customs rules during the movement of goods by individuals across the customs border, according to which physical persons who have committed such violations are subject to onerous consequences of a material or other nature for their illegal actions and provides for administrative fines for this in the order and form determined by the Customs Code of Ukraine. The signs of administrative responsibility for violation of customs rules during the movement of goods by individuals across the customs border of Ukraine have been clarified.

One thought too few: An adaptive rationale for punishing negligence.

Why do we punish negligence? Some current accounts raise the possibility that it can be explained by the kinds of processes that lead us to punish ordinary harmful acts, such as outcome bias, character inference, or antecedent deliberative choices. Although they capture many important cases, these explanations fail to account for others. We argue that, in addition to these phenomena, there is something unique to the punishment of negligence itself: People hold others directly responsible for the basic fact of failing to bring to mind information that would help them to avoid important risks. In other words, we propose that at its heart negligence is a failure of thought. Drawing on the current literature in moral psychology, we suggest that people find it natural to punish such failures, even when they do not arise from conscious, volitional choice. This raises a question: Why punish somebody for a mental event they did not exercise deliberative control over? Drawing on the literature on how thoughts come to mind, we argue that punishing a person for such failures will help prevent their future occurrence, even without the involvement of volitional choice. This provides new insight on the structure and function of our tendency to punish negligent actions. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Perlindungan Hukum Terhadap Dokter Dalam Melakukan Praktik Kedokteran Terkait Dengan Dugaan Pelanggaran Disiplin Yang Berdampak Terhadap Malpraktik

Malpractice can be interpreted as an act of negligence, error or a doctor's lack of ability to treat a patient so that it causes a bad outcome for the patient. Several malpractice cases that ended in decisions that did not blame the doctor and sanctions that were considered light were one of the things that made some people think that this law was not at all in favor of malpractice cases. Several doctors questioned how legal certainty would be for them if the Indonesian Medical Discipline Honorary Council (MKDKI) had decided that no disciplinary violations had been committed but the district court said otherwise. So, according to the author, it is necessary to carry out an analysis regarding the severity of the sanctions imposed by the Indonesian Medical Discipline Honorary Council and what the legal protection is for doctors who are suspected of practicing medicine related to disciplinary violations. This research uses the juridical-normative method, namely research conducted by examining the laws and regulations that apply or are applied to a particular legal issue. Indonesian Medical Discipline Honorary Council has the authority to handle violations of doctor's discipline. If there is a doctor's action that is classified as malpractice, Indonesian Medical Discipline Honorary Council can only be guided by a doctor's disciplinary violation. Disciplinary sanctions for doctors by the MKDKI include giving a written warning, recommending revocation of the STR or SIP and the obligation to take part in education or training at a medical/dental educational institution. The Indonesian Medical Discipline Honorary Council decision does not preclude the possibility for the doctor concerned to be examined, processed or sued criminally or civilly, because the Indonesian Medical Discipline Honorary Council decision has nothing to do with the application of law and criminal or civil legal sanctions and is basically a complaint, examination, up to the the Indonesian Medical Discipline Honorary Council decision or a public report. against doctors suspected of committing ethical violations is only limited to the ethics of the medical profession itself, which cannot be confused with the investigation process at the police, the prosecution process at the Prosecutor's Office until the court, or the lawsuit process at court.

PROBLEMAS ÉTICOS DE ENFERMEIRAS GESTORAS NO CONTEXTO HOSPITALAR: UMA ANÁLISE NA PERSPECTIVA MACINTYRIANA

ABSTRACT Objective: to understand hospital nurse managers’ ethical problems from the perspective of Macintyre’s virtue ethics. Method: qualitative research of the single case study type, encompassed by Alasdair Macintyre’s theoretical framework of virtue ethics. Sixteen nurses in management positions participated in the study for a minimum period of six months. The setting was a university hospital in Belo Horizonte, Brazil. Data were collected between August and October 2021, through individual interviews with a semi-structured script and document analysis, analyzed using Bardin’s content analysis. Two categories of ethical problems emerged from the thematic analysis linked to violations of care values: internal goods; and linked to breaking norms, patterns of behavior and interpersonal relationships: external goods. Results: the ethical problem is present in care, in relationships and in the institution. When referring to the profession’s internal assets, ethical problems are characterized as a violation of care values: denial of assistance, negligent and reckless actions or violation of the rights of professionals, patients, staff and institutions. When referring to external goods, such problems are linked to interruption of norms, inappropriate actions and behaviors or ethical conduct questioned and disrespected by professionals. Conclusion: nurse managers understand ethical problems as circumstances that generate opposition to actions considered correct and that go against what is proper to nurses and against their duty, negatively affecting professionals, patient care, the institution and the public service.

The Gate Keepers of Trucking Safety: Keeping Motor Carriers Accountable For Their Negligent Employment Actions

The Gate Keepers of Trucking Safety: Keeping Motor Carriers Accountable For Their Negligent Employment Actions

Tanggung Gugat Penyedia Layanan Terhadap Afiliator Terkait Wanprestasi dalam Perjanjian Afiliasi (Studi Kasus Afiliator Shopee Id: 11377610190)

The rapid development of internet technology influences online shopping activities through e-commerce, especially Shopee which has the Shopee Affiliate program. There are problems that often occur with Shopee Affiliates. One of them is that affiliates do not get full rights to the commission that was agreed upon at the beginning of the agreement. When the commission is not received in accordance with the terms and conditions of the agreement, Shopee can be held accountable. Therefore, this research is focused with the aim of finding out how liable service providers are to affiliates regarding non-performance in affiliate agreements on the Shopee application. The research method used by researchers is a legal research approach, namely legislation (statute approach), cases (case approach), and conceptual approach (conceptual approach) to help obtain data and information needs. In addition, this type of research design involves normative juridical research and is accompanied by the use of library study instruments as an alternative to collecting research supporting materials. Based on the results/findings of research on the problem of affiliate commission cases caused by an element of negligence or deliberate action on the part of Shopee as the organizer and service provider of the Shopee Affiliate program. so in this case, the affiliate of the Shopee Affiliate program who is disadvantaged has the right to file a lawsuit against Shopee who must be held accountable for the breach of contract that has been committed.

Perlindungan Hukum Bagi Konsumen Atas Produk Makanan Yang tidak Memenuhi Standar Mutu

Consumer protection is important considering the ever-increasing speed of science and technology. This research aims to examine how legal protection is for consumers for food products that do not meet quality standards and what legal measures can be taken by consumers who experience losses. The type of research used in this writing is normative legal research. By using a statutory approach and a concept approach. Analysis of legal materials uses qualitative methods, namely studies related to legal norms contained in statutory regulations and legal norms that exist in society. The qualitative analysis method is carried out by analyzing legal materials based on concepts, theories, laws and regulations, expert opinions and the author's own views that are relevant to the problem under study, then interpretation is carried out to conclude from this research question. The results of this research conclude that the form of legal protection for consumers in consuming food products based on the UUPK aims to protect consumers and monitor negligent actions on the part of business actors in managing food products, as an effort to empower business actors to be able to maintain the quality of their products, without intending to kill the businesses of business actors. the. The existence of the UUPK provides encouragement for business actors to become smart entrepreneurs and aware of the law in providing quality products. There are two legal remedies that Siwalima Ambon High School students can take as consumers for the losses experienced, namely by litigation legal remedies or legal remedies carried out in court through lawsuits for violations of the business actor and non-litigation legal remedies or legal remedies outside the court which can be resolved by Consumer Dispute Resolution Agency (BPSK) through mediation, arbitration and consolidation forums as regulated in Article 45 paragraphs 1 and 2 UUPK.

Modification of hydrophobic electrospun polyurethane fibers for efficient wound healing activity

The intricate process of wound healing demands an atmosphere that is conducive to quick healing. In this situation, creating biocompatible and antibacterial fibers may be a good choice. In this study, the unmodified polyurethane and polyurethane modified with cellulose acetate and rosemary oil were electrospun into fibers. These fibers were subsequently adsorbed using silver nanoparticles. The FE-SEM was used to characterize the fibers, revealing their defect-free morphology and the presence of nanoparticles on them. Additionally, the XRD findings demonstrated that silver nanoparticles were successfully incorporated into the spun fiber mats. The contact angle measurements indicated a decreasing behavior starting from 100.4±1° to 28.4±3° in the case of unmodified polyurethane and modified fibers. The antibacterial assay revealed that although unmodified fiber mats have negligible antibacterial action, the modified fibers exhibited considerable antibacterial activity against E. coli and S. aureus. In-vitro studies revealed that Human embryonic kidney 293T (HEK 293T) cell proliferation was enhanced on the surface of modified fibers compared to unmodified fibers. In conclusion, our research presents unique multifunctional fibrous scaffolds that are appropriate and optimal for wound healing applications.

Further delays in tackling greenhouse gas emissions at COP28 will be an act of negligence

Further delays in tackling greenhouse gas emissions at COP28 will be an act of negligence

Notary Responsibility for Loss of Land Title Due to Notary Negligence

This article discusses the notary's responsibility for the loss of land certificates due to the notary's negligence. This research uses normative or literature research methods by analyzing relevant laws and regulations regarding the authority and responsibilities of notaries. The research results show that notaries have civil liability for losses caused by negligence or deliberate action in carrying out their duties. This civil liability includes reimbursement of costs, compensation and interest to the party who feels aggrieved. Notaries also have a professional code of ethics that regulates their duties and responsibilities, including the obligation to safeguard the interests of related parties and act with integrity. In the case of loss of a land title certificate, the notary must be responsible for the documents entrusted and may be subject to civil sanctions if negligence occurs.

Evaluation of the Internal Migration Policy Development Program in Kazakhstan: Effectiveness and Shortcomings

The uneven distribution of the population across regions in the Republic of Kazakhstan, varying economic development among regions, and the emergence of the need for labor force redistribution have altered the approach to migration policy and intensified concerns regarding the regulation of internal migration. For instance, in four northern regions (Akmola, Kostanay, Pavlodar, and North Kazakhstan), the population has been decreasing, with a decrease of 12,000 people over the span of two years. In contrast, in four southern regions (Almaty, Zhambyl, Turkestan, and Kyzylorda), the population has increased by twice as much as in the northern regions, adding 186,000 people. This scientific study examines migration issues and government initiatives aimed at addressing these problems, taking into account the population distribution imbalance. Over the past five years, the state program "Enbek," which served as the main document for implementing measures to relocate residents as a labor force from densely populated southern regions to the declining northern regions, has clearly stimulated migration. However, despite its apparent effectiveness, the desired level of results has not been achieved. The authors of the research point out factors such as the inadequate implementation of an information campaign, distrust of the program, and negligent actions by local authorities, and propose causes for the problem as well as ways to address them.
 
 Received: 16 August 2023 / Accepted: 17 October 2023 / Published: 5 November 2023

Elderly Abuse in Rural and Urban Areas of Guntur District - A Comparative Study

Beautiful old people are works of art!". There is still time for us to help the 'art' that is our beautiful elders” said by Eleanor Roosevelt. Elder abuse is a term referring to any knowing, intentional, or negligent act by a care-given or any other person that causes harm or a serious risk of harm to a vulnerable adult. Therefore, we can say that mistreatment by the care given to the elderly is a normal thing or phenomenon as the family structure is changed from a joint to a nuclear family. There is no space for elderly people in the family. They are considered a burden and useless, which results, in ignorance of the elderly. According to the 2011 Census, there are 104 million elderly persons (aged 60 years or above) in India. The proportion of the elderly was 8.6% in 2011 and is rising. Also, the average Indian can expect to live at least 18 years beyond the age of 60, which means the dependency ratio is also rising. In this connection since the elderly abuse is a burning topic there is a great need in studying and knowing the problems of elderly, types of elderly abuse and features of elderly abuse etc. An attempt is made in this paper to Examining the socioeconomic and demographic profiles of respondents of the age of abuse and analysis of responses of elderly people on different types of abuse faced in the study area.

Medical Negligence in the Context of the Ghanaian Criminal Jurisprudence

This article dealt with the criminal jurisprudential questions of: 1) whether multiple/concurrent action in medical negligence are actionable in the Ghanaian Criminal Jurisprudence? 2) whether vicarious liability lie for the employer of the medical or surgical practitioners who commit negligence in medical or surgical treatment? The legal analysis found that the Ghanaian Criminal Jurisprudence accommodate the concurrent or multiple actions in crime and tort for the same act of the defendant. Even though the double jeopardy principle explicitly expounded in the criminal jurisprudence and the Constitution of Ghana bars action on the same offence. The position of the criminal law indicated that while the same defendant cannot be punished twice for the same offence it is actionable in law for the same act to be punished with multiple or concurrent actions. The analysis further found that the criminal law imputed intent for both juristic person/body corporate and natural person and thus both can be found liable in crimes such as manslaughter and tort act of gross negligence at law. It is concluded that the Ghanaian Criminal Jurisprudence allows the same act to be met with concurrent actions and thus employers of health facilities are not absolved from the gross negligent treatment in medical or surgical procedures of their medical employees. The employer shall be held vicariously liable while multiple suits could be filed against the medical or surgical practitioners for the same act of gross or general negligence in medical or surgical treatments.

LEGAL LIABILITIES OF DOCTORS IN MEDICAL LAW PERSPECTIVE

Doctors are a noble profession that must be protected from wrongful criminalization because of their duty to save human lives. This does not mean that doctors have absolute legal immunity and cannot be prosecuted if it is proven that they violated the patient's rights. The goal of this article is to examine the doctor's legal liabilities through the perpespective of medical law. Through library research, the issues are analyzed using a normative and conceptual approach to primary and secondary legal materials. As a type of contract, the relationship between doctors and patients is governed by law. As a result, a doctor can face legal consequences under both criminal and civil law. In terms of criminal law, a doctor who fails to perform his duties and profession in accordance with procedures may be subject to a number of Criminal Code provisions, particularly if the patient dies as a result of his negligence. Furthermore, any unlawful act that harms a third party gives rise to a civil law obligation on the person who unintentionally caused the injury to make up for the harm. If an intentional or negligent act results in a damage to or disability of a limb, the victim is entitled to compensation for the costs of healing as well as compensation for losses brought on by the injury or disability