Potential Legal Issues Research Articles

Risk Management and Legal Issues for Colonoscopy

This article reviews potential risk areas and legal issues in quality and colonoscopy. These include issues about open access colonoscopy, informed consent for colonoscopy, missed colorectal cancer, problems related to anticoagulation or its withdrawal for colonoscopy, procedural problems with sedation, failure to follow up appropriately, and failure to identify and warn of high genetic risk.

Medical Legal Partnerships: A Key Strategy for Addressing Social Determinants of Health

Medical Legal Partnerships: A Key Strategy for Addressing Social Determinants of Health

A tight reign

PurposeThe purpose of this paper is is to depict an example of an abusive, bullying manager; suggest what effects those abusive practices were having on individuals and the organization; note the potential ethical, legal and organizational issues involved; prompt analysis of organizational conditions and practices that allow such behavior; and promote consideration of preventive policies, programs and practices.Design/methodology/approachThis paper is a case study based on interviews, observations and document analysis. An extended literature review was examined to prepare a companion Instructor's Manual.FindingsThe bullying and abusive behavior of a firm's senior executive was seriously damaging the value and operating performance of the firm. The training manager was in a position to promote effective organizational responses to the bullying executive.Practical implicationsA variety of administrative, legal and/or ethical requirements indicate that the training director should act. In the companion Instructor's Manual, a number of preventive and recuperative interventions are suggested.Originality/valueThis paper provides one of the first detailed case histories of the nature of bullying behavior at an executive level and the effects such behavior has on the organization.

Outsourcing relationships: a case of accounting surveillance

Note of retraction Emerald Group Publishing Limited wishes to inform the reader that the article “Outsourcing relationships: a case of accounting surveillance” by Bill Ryan and Alejandra Delgado‐Sanchez (Journal of Accounting & Organizational Change, Vol. 6 No. 1, pp. 55‐71) has been withdrawn from the Emerald database. This is due to potential legal issues with the data. Dr Bill Ryan, Royal Holloway College

Medical hope, legal pitfalls: potential legal issues in the emerging field of oncofertility.

The United States annually spends over $200 billion on cancer treatment and research [1]. Over the past several decades, tremendous progress has been made in combating this disease. The 5-year survival rate for cancer has increased from 35% in 1950–1954 to 67% in 1996–2004. Moreover, over the last 40 years, survival rates for childhood cancer have risen from 20 to 81% [2]. However, the very success of new and improved therapies has created a host of problems that were not previously considered. One of the results of the increased rate of post-cancer survival is the commensurate desire of former cancer patients to return to healthy lives, which for many includes having children. Unfortunately, for many this desire is difficult to fulfill, because the medication that succeeded in battling cancer is also quite often toxic to the reproductive organs. Thus, many people are able to live longer lives, yet they feel that their lives are incomplete because they became infertile. Whereas in the past fertility was not even part of the discussion when deciding on the proper cancer treatment, now it is a top concern of many newly diagnosed cancer patients [3]. In response to this concern, medical researchers are investigating several approaches (many of which are described in this book) to preserve cancer patients’ reproductive options.

Introduction to the Special Issue on the Scientific Assessment of Biomeasures in the Panel Study of Income Dynamics

This special issue of Biodemography and Social Demography assesses the value to social science and health research of incorporating biomeasures in a social survey. The focus is on the Panel Study of Income Dynamics (PSID), an ongoing, nationally representative panel study of U.S. households. A brief description of the PSID and the features that make it a promising survey for biomeasures is provided along with an overview of each individual article. Seven of the nine articles cover a major health domain: fatness and obesity, metabolic syndrome and cardiovascular disease, infectious disease, inflammation and immune function and cardiovascular disease, daily stress exposure and reactivity, respiratory health, and genetics. These articles describe the scientific rationale for collecting data in each domain as well as the specific biological samples or measurements needed to assess the domain, potential respondent burden, ethical and legal issues, fieldwork logistics, and costs. The final two articles address a pair of overarching issues: one provides international comparisons and perspectives and the other discusses ethical and legal concerns.

End-of-Life Legal Considerations

End-of-life decisions and the accompanying legal ramifications related thereto are important matters to be considered and understood by nurse practitioners (NPs). This article focuses on 3 potential legal issues: creating advance directives with patients and their families, withholding or withdrawal of life-sustaining treatment, and do-not-resuscitate orders. The article also discusses improving communication about end-of-life care, thereby avoiding any potential legal pitfalls. Additionally, a legal case summary is provided to illustrate the importance of documentation in the patient's medical record, as well as an overview of advance care planning.

Humanized birth in high risk pregnancy: barriers and facilitating factors

The medical model of childbearing assumes that a pregnancy always has the potential to turn into a risky procedure. In order to advocate humanized birth in high risk pregnancy, an important step involves the enlightenment of the professional's preconceptions on humanized birth in such a situation. The goal of this paper is to identify the professionals' perception of the potential obstacles and facilitating factors for the implementation of humanized care in high risk pregnancies. Twenty-one midwives, obstetricians, and health administrator professionals from the clinical and academic fields were interviewed in nine different sites in Japan from June through August 2008. The interviews were audio taped, and transcribed with the participants' consent. Data was subsequently analyzed using content analysis qualitative methods. Professionals concurred with the concept that humanized birth is a changing and promising process, and can often bring normality to the midst of a high obstetric risk situation. No practice guidelines can be theoretically defined for humanized birth in a high risk pregnancy, as there is no conflict between humanized birth and medical intervention in such a situation. Barriers encountered in providing humanized birth in a high risk pregnancy include factors such as: the pressure of being responsible for the safety of the mother and the fetus, lack of the women's active involvement in the decision making process and the heavy burden of responsibility on the physician's shoulders, potential legal issues, and finally, the lack of midwifery authority in providing care at high risk pregnancy. The factors that facilitate humanized birth in a high risk include: the sharing of decision making and other various responsibilities between the physicians and the women; being caring; stress management, and the fact that the evolution of a better relationship and communication between the health professional and the patient will lead to a stress-free environment for both. Humanized birth in a high risk pregnancy is something that goes beyond just curing women of their illnesses. It can be considered as a token of caring, and continued support, which positively consolidates the doctor-patient relationship. As yet, it has not been described as a practiced guideline, due to its ever-changing complexities.

Bingo?: An Overview of the Potential Legal Issues Arising from the Use of Indian Gaming Revenues to Fund Professional Sports Facilities

Bingo?: An Overview of the Potential Legal Issues Arising from the Use of Indian Gaming Revenues to Fund Professional Sports Facilities

The case for megapolitan growth management in the twenty‐first century

PurposeThe purpose of this paper is to demonstrate significant problems in the US' development pattern of regional automobile‐dependent sprawl and local growth management and to make suggestions about adopting a regional growth management model that might better provide for more sustainable development of the built environment.Design/methodology/approachThis paper reviews trends in the USA and elsewhere to determine the negative effects of the current system of sprawl and the potential benefits of developing higher‐density urban centers. The paper also looks to models in some US cities and Europe to further analyze potential legal and political issues related to this type of regional sustainable development.FindingsUnsustainable, automobile‐dependent regional sprawl is a result of local zoning, growth management, and parking programs and has negative effects both now and for the future. The result has been more time, money, and resources wasted in automobile transit instead of new planning models that would lead to a more sustainable and less automobile‐dependent future.Practical implicationsA metropolitan sustainable development governing framework for growth management in the twenty‐first century is essential for a sustainable future. This includes higher‐density urban centers, transit‐oriented development centers, and a change in public attitude away from “not in my back yard” thinking.Originality/valueThis paper provides the potential benefits of creating a metropolitan governing framework to identify and regulate “growth areas” in a region. It further demonstrates how linking these areas to regional transit planning will help achieve the development of higher‐density, mixed use, and intensive urban core job/housing areas where people could live, work, shop, and play without the use of the automobile.

Preparing communities: The critical integration of faith-based organizations into emergency planning and response

This article discusses the paradigm shift that is taking place in emergency management planning with regard to the integration of faith-based organizations in federal, state, and local preparedness, response, and recovery efforts. In addition, this article explores potential legal issues related to government funding and support of faith-based emergency planning initiatives. Finally, the article proposes recommendations for initiating and expanding emergency planning among faith-based organizations to fully utilize the unique knowledge these groups have of the needs of their communities.

Contemporary practical and legal guidelines for written employer-employee communication

Given the favorable support for organized labor by the government, understanding the legal ramifications of written documents is important. In this paper, the authors review the more significant ways organizations communicate with employees in writing, and provide some current practical guidelines managers can follow to prepare communications that are more effective and more positive. Where appropriate, the legal implications of poorly written communication are addressed and guidelines are provided based on current legal trends. The author noted that nothing in this article should be construed as legal advice, and that employers should seek the advice of a knowledgeable attorney when attempting to resolve potential legal issues associated with any type of employee communication.

Review of Tissue Plasminogen Activator, Ischemic Stroke, and Potential Legal Issues

The use of tissue plasminogen activator in ischemic stroke is controversial. Many practicing physicians believe that its usefulness is established, while others, including professional specialty societies, are less sanguine. A review of the literature appears to show that the use of tissue plasminogen activator is efficacious and can result in highly improved outcomes for a majority of eligible patients. These findings may implicate important potential legal issues. Informed consent concerns and, potentially, medical malpractice claims may result, particularly in the context of evidence-based practice, pay for performance, and the currently limited use of tissue plasminogen activator for eligible patients.

Fitness Instructors' Recognition of Eating Disorders and Attendant Ethical/Liability Issues

Individuals with eating disorders may pursue overexercising in fitness facilities and exercise classes. The primary aim of this study was to assess registered fitness instructors' capability to recognize an individual with anorexia nervosa and determine what they would do professionally in that situation. A secondary objective was to assess fitness instructors' understanding of potential professional, ethical and legal issues inherent in this situation. Fitness instructors and pediatricians were administered a survey consisting of a descriptive case scenario of an individual with probable anorexia nervosa. Fitness instructors were also surveyed on various related issues. Thirty-two percent of fitness instructors indicated the case scenario subject presented with anorexia nervosa compared with 88% of pediatricians, a statistically significant difference. Sixty percent of fitness instructors recognized that there were some ethical and liability issues inherent in the scenario, and 37% identified these as serious. All fitness instructors suggested guidelines in this area would be helpful. Implications for training and continued education opportunities for both fitness instructors and pediatricians are discussed.

Tortious liability for greenhouse gas emissions? Climate change, causation and public policy considerations

The purpose of this paper is to assess the potential legal issues in establishing liability for large-scale emitters of greenhouse gases, in Australia, for resulting harms caused from changes to the climate system. This paper assesses the legal principles and policy issues associated with potential negligence claims against industrial emitters in Australia such as large coal mines and coal-fired electricity plants. This paper identifies a range of significant obstacles in successfully bringing claims in negligence for climatic harms. These include issues in foreseeability, causation and the operation of public policy principles. It is concluded that the distribution of risk from climate change, and associated allocation of liability, is more appropriately addressed through consistent, national legislation rather than through the ad hoc adaptation of the common law.

"Intimate" violence against women: when spouses, partners, or lovers attack

Every year, at least 1.8 million women in the United States are beaten by their intimate partners. And that is only the number reported physically abused. It does not include those who remain silent, or those for whom the abuse is psychological. In this concise work, a team of writers examines the emotional, physical, and sexual abuse of women, the risk factors for becoming a target, medical and psychological consequences, legal issues and effective treatments for recovery. The book dispels myths about intimate violence, including the notion that one can identify a potential perpetrator. The most current research, theory and advocacy on this topic are presented so the reader will have the knowledge to help herself or others who are being abused. Every year, at least 1.8 million women in the United States are beaten by their intimate partners. And that is only the number reported physically abused. It does not include those who remain silent, or those for whom the abuse is psychological. In this concise work, a team of writers examines the emotional, physical and sexual abuse of women. They explain the risk factors for becoming a target of intimate abuse, including the effects of class and culture on this type of violence. They look at the potential legal issues, and explore effective treatments for recovery. Equally important, they dispel many myths about intimate violence, including the notion that one can identify a potential perpetrator. Most crucially, Intimate Violence against Women offers current research, theory and advocacy on this topic, arming the reader to with the knowledge to help herself or others who are being abused. The book presents specific safety recommendations for victims, as well as recommendations for teen-agers regarding dating violence. Legal and advocacy resources are included as well.

You???ve Found a Safety Signal ??? Now What?

Signals detected by measuring disproportionality of drug-event combinations are only statistical indicators of possible real safety issues, and are not per se necessarily medically important. Nevertheless, once a signal is observed, sponsors are obligated by regulations and ethical considerations to determine whether it represents a new product-associated risk by additional analysis, validation and evaluation of its clinical relevance. Signal strength does not necessarily correlate with medical significance. Strong signals most often represent known, expected and/or medically trivial adverse reactions or confounding by treatment indication, common co-morbidities or other common concomitant treatments. Conversely, any product with reasonably extensive clinical use and reporting of suspected adverse reactions is likely to manifest many weak but clinically unimportant signals, creating significant background 'noise'. Since relatively rare, medically important adverse drug reactions are often likely to manifest as weak signals, sponsors face a potentially onerous burden of evaluating multiple signals in order to distinguish true, clinically important events of concern from spurious signals. This paper discusses the regulatory, clinical and potential legal liability issues that confront industry as a consequence of signal identification activities, including: current and anticipated regulatory requirements for detection, assessment and reporting; the reliability of the data used for signal generation; assessment of clinical relevance; organisational approaches and responses to observed signals; targeted clinical and scientific responses to observed signals; and potential regulatory, legal and commercial impact.

Issues and challenges in securing interoperability of DRM systems in the digital music market

In the digital music market (and accompanying digital players), use of different digital rights management (DRM) systems, have effectively locked-in consumers to proprietary technologies of respective companies. Currently, no single DRM standard exists for digital music, therefore, music purchased from one competitor may not be compatible with another competitor's jukebox software or digital player. There is little incentive for leading competitors to license their technology or provide support for other technologies to enable interoperability of different technologies. Consequently, consumers purchasing from such competitors in-effect become locked into their proprietary technology and its accompanying DRM systems. This paper examines the consequences of such market behaviour focusing on the most popular music store iTunes (owned by Apple), its dominance in the industry and the implications of Apple's decision not to open its FairPlay DRM scheme that controls all music purchased from iTunes. It discusses the attempt by RealNetworks to secure interoperability with Apple's FairPlay scheme and the resultant response of Apple. Finally, it examines the potential benefits, problems and legal issues raised by the actions of RealNetworks and argues for interoperability.

Emerging Tort Issues in the Collection and Dissemination of Internet-Based Research Data

IntroductionThis article examines the possible basis for legal liability of researchers who use the Internet in the collection of research data. In particular, it examines the potential legal issues associated with the protocols of ethnographers who use listserv, discussion board, blog, chat room and other sorts of web or Internet-based postings as the source of their data. The author assumes that the forum for participation is legitimate, in that the list, board, blog, chat, etc. is not created or otherwise concocted by the researcher, but involves situations akin to off-line practices where a researcher would be listening to the conversation or watching the behavior of in a public place. Since these practices do not involve direct interview or interaction with or treatment of subjects, much of the precedent involving negligence, informed consent, and related issues is not relevant; however, it is reviewed initially for guidance in suggesting the applicable, legal standards of conduct. This article does not discuss the use of the Internet as a collection device, e.g., in online surveys. Issues of legal harm arising from claims in negligence, privacy, and defamation for subsequent dissemination of such postings are evaluated. it is concluded that the likelihood for a success of such claims is small, analysis will include steps that researchers can take to ensure that such risk remains negligible.Claims Based in Tort Law: General Concepts of Harm (Negligence)Is there any legal liability for researchers who observe (parallel to ethnographers who watch or listen to participant interaction in public places without interaction with or prodding of the to act or respond)? More accurately, is there a potential for liability of researchers who read the text of comments posted by others (the subjects) in various Internet or web-based forums, then analyze that text, and publish summarizations or excerpts of that text in reports, articles, or other scholarly communications? For liability to exist, some legal injury must be perpetrated in that act. The most common cause of action for such injury would be to claim that the researcher is somehow negligent for the injury that would result from either the alone or from dissemination of that observation. Personal injury law in the United States is known as tort law; in other legal traditions the term delict is often used. Commentators have concluded that the likelihood of suit against researchers in increasing: Although the case law on human subject research is just beginning to emerge, plaintiffs should be able to successfully establish negligence claims against researchers by establishing a duty of care based on the special relationship between researchers and subjects (Jansson, 2003, 262). However, these cases involve human in clinical, medical, or related studies. Even within this genre of cases, situations where no physical harm is perpetrated, e.g., a claim based on a failure to continue inclusion in the study, much to the frustration of the (Spenceley v. M.D. Anderson Cancer Center, 938 F. Supp. 398, S.D. Tex. 1996), have not met with success. Moreover, recovery of injury from either intentional or negligent infliction of emotional distress in those jurisdictions that recognize such claims must be linked to a physical injury or the threat of one (Morreim, 2003, 70). The question is whether any injury, other than a specific harm such as a violation of privacy or defamation (for re-publication by the researcher of a statement made by a participant), is perpetrated by merely observing or listening to another's conversation or comment when that expression is text-based and made in an open forum on the Internet, or whether any harm results from the dissemination of that conversation or comment. Since this observation does not involve an invasive act into the physical space of the participant, as opposed to a medical group that while perpetrating no harm or injury to a patient (the operation was indeed successful) substitutes another surgeon for the preferred one, a so-called ghost doctor, can be subject to a claim of battery, Perna v. …

A hypothetical clinical vignette of delusional disorder: how potential legal issues could be addressed in the United Kingdom and the United States

One of the major difficulties in presenting an international perspective on delusional disorders and their impact on offending or violent behaviour is that no two legal systems are quite the same, and there are substantial differences between some of them; in addition, there is international variation in relevant service provision or use. We therefore invited several experts practising in forensic mental health services or the law to consider the following case and to use relevant literature, statute and case law to draw out similarities and differences in process and management of the following case. Annie Smith is not a real person; the things that happened really occurred.