Normative Practices Research Articles

Defining the process of malpractice claims and indemnity payments

Medical malpractice is defined as an omission or act that deviates significantly from the norms of medical practice and leads to harm or injury to the patient. The key legal elements of medical malpractice are 1) the presence of a patient-doctor relationship, 2) failure to meet a standard-of-care, 3) evidence of injury relating directly from sub-standard care, and 4) harm relating to that injury. If a patient feels as though they have been a victim of a medical error, the first step in the process of beginning a claim is that the patient/plaintiff will consult with an attorney who specializes in malpractice. If the case is determined to be valid, a suit can be filed to initiate a pre-discovery and deposition process. During the discovery process, information is gathered through interrogatories, requests for disclosure, requests for production, requests for admission, expert reports, and depositions. The pre-trial process generally culminates in a deposition. This step involves a formal proceeding whereby the physician provides a recorded testimony under oath, which may be used in the future if the suit is brought to court. Following this process, suits can be dropped, settled, or end in the pursuit of a trial. When a defendant is found liable in a medical malpractice case, the plaintiff is entitled to indemnity payments in proportion to the harm and damages associated with the malpractice case. Indemnity payments are expected to cover various damages, including economic, non-economic, and less often punitive damages. Economic damages include tangible medical costs, like medical bills, future medical care, lost wages, and future lost wages associated with the injury or disability resulting from the malpractice event.

CUDOs to the teachers: Using Merton s norms of scientific practice to guide lessons in critical thinking

CUDOs to the teachers: Using Merton s norms of scientific practice to guide lessons in critical thinking

Analysis of the Feedback on Teacher Training in an Affiliated Hospital in Shaanxi Province

Objective: This article aims to deeply analyze the feedback on teacher training in an affiliated hospital, so as to clarify the current needs and situation of teacher training and provide a scientific basis for further optimizing the teacher training system. Methods: The current situation and needs of teacher training in the affiliated hospital were collected by designing and distributing Tomato Form questionnaires on the DingTalk platform. The questionnaire adopted a percent-point system, all of which were indeterminate multiple-choice questions. Results: The average age of the clinical teachers participating in the survey was 40.44 ± 7.85 years old, with an average teaching length of 4–10 years. The results showed that 60.20% of teachers think that the amount of teacher training in an affiliated hospital is sufficient; 91.10% of teachers think that the factors affecting training conflict with working hours; 97.96% of teachers believe that the training time has an impact on the training effect; 81.63% of teachers prefer online training; 51.53% of teachers tend to arrange training time on working days; 33.16% of teachers tend to train once a month; 17.78% of teachers prefer to receive training on clinical theoretical courses and practical teaching norms and skills content. Conclusion: Based on the above survey results, we propose to build a comprehensive management mechanism for teacher training, including improving the access, training, and assessment mechanism for clinical teachers, and adjusting and optimizing the training program according to actual needs. At the same time, an effective communication platform should be built to promote the deep integration of teaching and practice and enhance social recognition, so as to comprehensively improve the teaching quality and medical service of the hospital.

Examining liminality in professional practice, relational identities, and career prospects in resource-constrained health systems: Findings from an empirical study of medical and nurse interns in Kenya

We examine new doctors' and nurses' experiences of transitioning from training to practising as health professionals, drawing on the concept of liminality. Liminality is a stage of ‘in-betweenness’, involving uncertainty and ambiguity as people leave one social context and reintegrate into a new one. Surprisingly little research has explored new health professionals' experiences of liminality during role and career transitions, particularly in precarious and resource-constrained settings. Drawing on 146 qualitative interviews and seven focus groups, involving 121 new graduate medical doctors and nurses transitioning through internship training in Kenya, we describe three aspects of liminality. First, liminal professional practice, where interns realise that best practices learned during medical and nursing schools are often impossible to implement in resource constrained health care settings; instead they learn workarounds and practical norms. Second, liminal relational identities, where interns leave behind being students and adopt the identities and responsibilities of qualified professionals within pre-existing professional hierarchies of status and expertise. We explain how these new doctors and graduate nurses negotiate their liminal status, including in relation to more experienced but less qualified professional colleagues. We also discuss how interns cope with liminality due to disappointing and inadequate supervision and role modelling from senior colleagues but then find peer support and their place within their own professions. Finally, we discuss how new doctors and nurses come to terms with the precarity of working in resource constrained health systems, abandon expectations of secure, permanent employment and careers, and accept the realities of liminal professional careers. We explain how all three forms of liminality influence professionals' developing practices, identities, and careers. We call for further studies with a specific liminality lens to explore this critical period in health workers' careers, to inform policy and practice responding to global transformations in healthcare professions and practice.

The meaning and feasibility of engaging in physical activity while being employed in people with mild to moderate disability due to multiple sclerosis: a qualitative study

Purpose To understand the perceptions of the meaning and feasibility of physical activity (PA) while employed for people with multiple sclerosis (pwMS). Materials and methods A qualitative design, using individual in-depth interviews of 26 employed pwMS with mild to moderate disability. The interviews were analysed using systematic text condensation in a phenomenological hermeneutic framework informed by a pattern theory of self. A systematic and dynamic process was used to develop categories of the most salient content and meaning. Results Three categories were developed: (1) Meaningfulness of PA for work, (2) Balancing daily life, PA, and work when energy is low, and (3) Leisure PA during work hours is beneficial but challenging to implement. The findings highlight that PA can be perceived meaningful for health, function, life balance, identity, their perceived abilities, possibilities, and challenges in relation to work, all influencing self-perception. The participants perceived the feasibility of PA to be influenced by work, private life, and work-life balance, particularly highlighting physical function, organisational structures and arrangements, and social and normative practices to be important. An arrangement of implementing leisure PA during working hours was recognised as a beneficial work accommodation when it was perceived feasible and accepted. Conclusion Employed pwMS may perceive PA as meaningful for their health, function, and work, influencing self-perception and perceived work capabilities. Its feasibility may be influenced by individual, environmental, and/or social aspects. Thus, individualised work adjustments to facilitate PA, like accommodating for leisure PA during work hours, can ultimately facilitate both PA and employment.

The practices of care: extinction and de-colonization in the natural history museum

ABSTRACT The practices of care of extinct animal specimens and other materials in natural history museums are many and varied. This article focuses upon two extinct animal examples from the Berlin Museum of Natural History (MfN), the quagga and the thylacine, to present critiques of historical care and argue for Indigenous led alternatives. These critiques and arguments are organized via the organizing headings of isolation, preservation and revolution. While the dark histories of museums as active purchasers and collectors of ancestral remains and creators of markets for scarce forms of life are sometimes acknowledged, it is not a history that has been critically connected to normative practices of ‘isolation’ and ‘preservation’. Indeed, such practices are often heedless of the ongoing demand to recognize Indigenous continuities and are unresponsive to calls for relations that figure the museum ‘materials’ as simultaneously understood as colonial/scientific events and entities that are lively and capable of producing diverse effects. Such understandings emerge from engagement with diverse critiques including those arising from Indigenous writings. One pathway to reimagine the museum and practice an aware care may be to consider the simultaneous times at play within such institutions and the decolonizing possibilities of organizing practices beyond a single linear time.

Criminalising looting in wartime: International and national experiences

The relevance of this research topic is conditioned by the increasing number of cases of looting during armed conflicts, which requires the improvement of legal mechanisms for criminalising this act. Even though looting is recognised as a war crime at the international level, there are significant differences in approaches to its criminalisation and the determination of liability for such acts in national legal systems. This creates the risk of ambiguous interpretation of legal norms in judicial practice and complicates the administration of justice. The purpose of this study was to analyse the global and national experiences with the criminalisation of looting during armed conflicts, using the cases of Bosnia and Herzegovina, Sierra Leone, and Ukraine, as well as to formulate recommendations for improving Ukraine’s national legislation in this area. The study employed the methods of comparative legal analysis, formal legal analysis, and case law analysis. The study compared the criminal law provisions and approaches of different countries to the prosecution of pillage, specifically the concepts of “military necessity” and “spoils of war”. The findings of the study showed that the absence of clear legal definitions and criteria for assessing “military necessity” and “gravity of the violation” complicates prosecution for this crime and creates risks of abuse. The study revealed major differences in approaches to the criminalisation of looting, particularly in determining the scope and conditions of liability. The practical value of this study lies in its recommendations for harmonising Ukrainian legislation with international standards. It was suggested that a separate law be drafted to define the mechanisms for criminalising looting during armed conflicts, to establish clear criteria for assessing military necessity, and to unify approaches to judicial practice. This will help to increase the effectiveness of investigations and prosecutions of this type of war crime and strengthen Ukraine’s legal framework in armed conflict

Application of measures of procedural coercion in the economic process: certain aspects

The article is devoted to the study of certain aspects of the application of measures of procedural coercion in the economic process. In particular, the study of the effectiveness of the application of certain measures of procedural coercion in the economic process. This topic was chosen for research in view of the illegal behavior of participants in the economic process, which, according to the analysis of court practice, has recently become a mass phenomenon and has diversified into various types. The state of war in Ukraine also affected both the process of consideration of economic disputes and the behavior of the participants in the economic process, in particular of a negative nature, such as failure to appear at a court session without a valid reason, which prolongs the time frame for consideration of the case. For this purpose, it was established that in accordance with Part 3 of Article 42 of the Economic Procedural Code of Ukraine (hereinafter referred to as the Code of Economic Procedure of Ukraine), in the event that a party to the case fails to fulfill its obligations, the court shall apply procedural coercion measures to such a party to the case provided for by the Code of Criminal Procedure [1]. Pursuant to part 1 of Article 132 of the Criminal Procedure Code, measures of procedural coercion are: 1) warning; 2) removal from the courtroom; 3) temporary seizure of evidence for investigation by the court; 4) fine. At the same time, the application of procedural coercion measures to a person does not exempt him from fulfilling his duties. It was determined that in accordance with Part 2 of Article 131 of the Criminal Procedure Code, procedural coercion measures are applied by the court by issuing a resolution. At the same time, paragraph 16 of part 1 of article 255 of the Criminal Procedure Code establishes that decisions of the court of first instance on the collection of a fine in the procedure of procedural coercion may be challenged in the appeal procedure [1]. Also, the court itself can cancel the decision on the collection of a fine issued by it in accordance with the sixth part of Article 135 of the Criminal Procedure Code, if the person in respect of whom it was issued corrected the committed violation and (or) provided evidence of the validity of the reasons for not fulfilling the relevant requirements of the court or his procedural duties. Based on the results of the analysis of the norms of economic procedural legislation and court practice, the need to make changes to the norms defining the procedure for applying measures of procedural coercion in the economic process is substantiated.

"One blade, two cuts?" A multidisciplinary survey investigating practice variability of scalpel blade change forsimultaneous excision of multiple skin lesions in the same patient.

Skin cancer incidence increases globally, requiring effective preventive measures and evidence-based treatment strategies. Current guidelines advocate for surgical excision as a first-line treatment for most early skin cancers. The study investigated practices regarding changing scalpel blades when excising multiple skin lesions in the same patient during the same visit (CSB) and explored how beliefs about iatrogenic seeding influence individual norms of practice. A multidisciplinary survey was conducted among 173 medical specialists involved in skin cancer care. Participants provided demographic information, years of experience, and practices regarding CSB in four clinical scenarios (first excised tumor: basal cell carcinoma, squamous cell carcinoma, melanoma suspect, and evident melanoma). Practice variations based on specialty, experience, and beliefs about seeding risk were statistically assessed. Surgeons exhibited a significantly higher tendency to change blades compared to non-surgeons across all diagnoses. Iatrogenic seeding (56.52%) and clinical training (18.84%) were the main reasons provided for CSB. Beliefs about seeding risk did not differ significantly between specialties. Although the practice of CSB lacks strong scientific rationale, the approach to this practice significantly varies among different medical specialties. Healthcare professionals should critically evaluate and standardize evidence-based practices to ensure optimal patient care and mitigate potential harm.

Searching for a home: the bitter experiences of Afghanistani ‘returnees’

Negotiating the language, culture and social norms of one’s ‘homeland’ can be a painful and difficult experience In 2004, Khadija Abbasi became part of the generation forced by the Iranian state to ‘return’ to Afghanistan, though they had been born in Iran. Negotiating this ‘voluntary return’ ‐ one of the UNHCR’s ‘preferred’ options for refugees ‐ proved extremely difficult. The Iran-born and Iran-raised ‘returnees’ had to re‐learn ‐ through a complex process of socialisation that was accompanied by local rejection and stigmatisation ‐ how to construct an attachment to their new country. Abbasi describes difficulties of language, culture, religious practice and social norms ‐ made all the more complex by her Hazara identity and questions of gender. In Iran refugees had simply been ‘Afghan’; after arrival in Afghanistan people realised they were Hazara. In a country that was overshadowed by ethnic politics, they had to adapt to processes of re-ethnicisation. Moreover, in Afghanistan patriarchy was inflected differently, sometimes in ways which intersected with ethnic identity. Eventually Abbasi was forced to leave her job with an NGO because she was perceived to have behaved in a way that ???disrespected??? Afghan traditions.

What does it mean for a duty to be directed in joint action?

It is often stated that joint actions are linked to so-called directed duties. It is not just that we should “do our part” in a joint action simply because it is the right thing to do or because it is in our best interest. Instead, we “owe” it to the other participants. Despite its prima facie plausibility, this claim is not well understood. Is it true that duties in joint action are directed? Which notion of directedness is relevant to understanding the normativity of joint action? I first argue that we can characterize the notion of directed duties in joint action in terms of a network of inferentially related normative relations and practices. I apply this analysis to show that duties in joint action are directed. This analysis supports the view that the normativity in joint action is special as it involves what Stephen Darwall calls “individual authority” without entailing “representative authority”. A perhaps surprising conclusion derived from this account is that actions in joint action are owed to everyone involved in the group equally. This supports Margaret Gilbert’s joint commitment account of joint intention.

Record, revise, reinvent, and resist: The politics of social media self-representation during the COVID-19 pandemic

When the COVID-19 pandemic disrupted everyday social life on a global scale, it also destabilized social norms for sharing life online and, potentially, broader understandings of selfhood and identity. This study investigates how the unique conditions of pandemic life re-colored normative practices of self-representation—the process of producing and circulating personal media texts—on popular social media platforms. Through social media scroll back interviews with 48 U.S. adults, I found that pandemic social pressures and safety regulations altered how social media users understood the politics of digital visibility—a shift in the personal experiences they considered “worthy” of sharing through digital mediation. In light of this perceived shift, I argue that participants adjusted to pandemic cultures through a typology of adaptive curatorial practices: recording, revising, reinventing, and resisting as self-representation. Ultimately, this study extends existing conceptual boundaries in response to disrupted social contexts, which includes centering digital silence as a key form of self-representation.

Doubly marginalized? Japanese gay men with interracial desires

Postwar Japan has built a new self-image as a peaceful, ethnically homogeneous island nation, obscuring the imperialist past. In this context, same-ethnic/racial partnering or so-called ethnic endogamy has been reinforced, whether gay or straight, as a normative sexual desire and practice. Japanese people who engage in intimate relationships with foreigners are potentially considered deviant and subject to social marginalization. Drawing on in-depth interview data, this research focuses on the experiences of Japanese gay men with such peripheral desires, examining how they negotiate their partner preferences when encountering social disapproval or stigma. Further, this research also discusses how their racialized desire intersects with their queer sexuality, simultaneously resisting and perpetuating same-ethnic/racial partnering normativity.

They feelin’ some type of way: antiblackness, speaking black flesh and the problem of interracial allyship

Competitive policy debate, an activity touted to train political leaders and civic participants, is mired in conflict over the rise of Black student participation. Diversity outreach efforts in the 1990s offered an opportunity to increase black participation significantly in the activity. These efforts at inclusion generated racial turbulence as Black students brought black theory, performance and culture to the fore as the grounding for their argumentative strategies. While the scholarship about Black activism in policy debate has focused on the reaction of the traditionalists attempting to protect the norms of competition, it is simultaneously salient to analyze white liberal and progressive responses to the disruption caused by Black debaters. Drawing on the themes of civility and mutual recognition, I encourage argument theorists to consider how the structure of anti-blackness offers a fundamental antagonism to interracial debate and deliberation. This article delves into a racialized conflict between two teams who were part of a broad-based coalition of debaters disrupting normative argumentative and performative practice in debate competitions, arguing that violating the norms of competition and standards of civility represents a necessary strategy for Black folks arguing about anti-black racism in the interracial context of competitive debate.

Skaitmeninio socialumo fenomenologijos link: dvi perspektyvos

The phenomenology of sociality responds to the dilemma of other minds by presuming the primordially intersubjective and embodied nature of intentional communicative acts. I propose, then, to consider the phenomenology of digital sociality as the field of research dedicated to investigate the specificity of the nature of intersubjectivity and embodiment constituted by digital communication media. By dividing the discussed variety of descriptive phenomenological accounts regarding digitally mediated embodied relationships (including Shanyang Zhao, Lucy Osler and Dan Zahavi, Rebecca A. Hardesty and Ben Sheredos and others) into the trajectories of extension (digitally mediated communication as the eidetic variation of generally embodied communicative acts) and pluralism (epistemology as well as ontology and socially normative practices intrinsic to the specific digital communication platform) I aim to demonstrate the topical tendencies and explanatory strategies that are developed in the attempts to deliver digital communication platform-sensitive phenomenological descriptions, often with the help of Alfred Schutz’s and Maurice Merleau-Ponty’s concepts.

Re-thinking Global Governance as Fuzzy: Multi-Scalar Boundaries of Responsibility in the Arctic

ABSTRACT The article reconsiders global governance as fuzzy and situated across multiple scales rather than multi-level. It revisits Global Governance research, whose introspective focus on opening “black boxes” has marginalized “in-between” approaches. The article highlights the value of “in-between” approaches for mid-range theorizing on global normative order using the Arctic as an example. It shows how sovereignty and “projects of belonging” unfold across diverse fora in designating “responsibility.” In legal, cultural, and epistemic contexts, boundary work by national and non-state actors demarcates jurisdiction and shields claims of responsibility to prevent others from gaining rights or access to the region. Through examples, the article demonstrates that normative boundary practices do not form a homogenous project of belonging. Instead, these practices blur the lines of where “all things Arctic” are negotiated, who holds legitimate voice to influence governance, and complicate long-term decision-making.

Advanced practice providers: An evolution of scope of practice and clinical integration across the surgical healthcare landscape

Advanced practice providers (APPs) have become an integral part of surgical practice over the past 50 years. Understanding the clinical roles of Physician Assistants (PAs) and Nurse Practitioners (NPs) provides insight into practice norms, collaborative opportunities, the nuances of APP independent practice trends, billing practices, and current practice challenges.Exploring the history, education, and current practice environment of APPs allows a sophisticated understanding of their roles in the inpatient/facility and outpatient/office settings. This article explores the impact of APPs on access to care, and their role across the overall healthcare landscape in the United States particularly as government and healthcare continue to intersect.The aim of this work is to provide the reader with a nuanced understanding of the factors influencing the current practice of APPs working in surgical fields in the United States and to foster an authentic appreciation of the existing complexities of APPs practicing in the field of surgery in the context of the current evolving national healthcare landscape.

The Nature and Norms of Vigilance

Abstract Many people have long-term commitments that require coordination and cooperation with others. To achieve this, we construct plans to settle when, how, and for how long to pursue certain goals rather than others. This raises an interesting cognitive problem, namely that individuals can, at any given moment, manage significantly less information than they will need to accomplish their goals. Call this the Problem of Scarce Information. The solution requires a special self-regulatory system that strategically manages the varying informational demands of one's activity. This paper argues that vigilance has structural and functional characteristics that make it apt to play this role. This paper illuminates both crucial aspects of temporally extended agency, but also the unique practical norms that structure how we act over time.

PROBLEMS OF EXECUTION OF THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN ON PERSONAL DATA: RISKS FOR THE EMPLOYER

The article demonstrates the analysis conducted on the subject of generic problems occurring during the application process of the legislative norms of employee`s personal data by employers. It is of paramount importance to understand correctly the authentic definition of the term “personal data” in order to secure the compliance of the regulatory norms and legal enforcement. This allows avoiding situations where personal data can be subjected to illegal processing, since the consequences of such cases are the bringing an employer to legal responsibility. The legislation of the Republic of Kazakhstan does not stipulate the exact checklist of personal data constituents, and this exacerbates the application of the norms in practice. Hence, there is ambiguity related to lucid understanding of what particular information can be attributed to personal data. A common approach leads to the statement that any information related to a particular individual and the information allowing to provide a person`s identification constitutes the personal data. The aim of the study is to determine within which framework the employer should process the employee's personal data in order to prevent its disclosure, taking into account the provisions of the legislation on access to information. The authors of the article reveal the answer to the question of what should be attributed to the employee's personal data, and how the access to restricted personal data must be performed by the employer. As part of the study, the analysis of Kazakh judicial practice regarding the personal data has been conducted by the authors; the risks of an employer in case of violation of personal non-property rights of employees were specified. In addition, the analysis of cases of providing personal data in the framework of lawyer requests was undertaken. A proper comprehension of operating with personal data of employees will enable employers to avoid violations of personal non-property rights of personnel, especially since the practice of bringing employers to administrative and civil liability has been widespread.

Beyond adaptive practices: physical education for all

Legislation and policy internationally are underpinned by the expectation that educators remove barriers to learning, emphasize inclusion, and improve access for all learners. Extensive investment has provided support to assist teachers to adopt inclusive education approaches. And yet, as evidenced in international literature, the lived experiences of many young people in physical education (PE) classes, and particularly those who are identified, or who self-identify, as in need of special support, indicate that PE is anything but inclusive and equitable, and may in many cases result in learning outcomes counter to what is desired. We contend that, while much of the rhetoric of PE speaks to inclusion, institutional systems, the traditional framing of PE as curriculum policy, ‘classroom’ practice’, professional development offerings, and how research publications and or guidelines present PE leads to diagnostically driven and deficit-focused adaptative PE offerings for students in need of support. Moreover, PE as it is often presented curtails opportunities for equitable outcomes and inclusive approaches, and instead has the potential to reinforce and perpetuate ableist agendas. Accordingly, we argue that the adoption of a Universal Design for Learning approach that aims for ‘education for all’ by designing flexible curriculum that is focused on learner-centred, barrier-free education, is a vital step toward a more equitable, engaging, meaningful, and relevant PE experience. The foundational principles using this approach are that difference is valued, celebrated, and accounted for in all aspects of education. Implementing such a change requires that normative assumptions and practices are challenged by re-evaluating definitions of (physical) educational success and considering how teachers/schools can transcend traditional curriculum programmes to better meet the needs of all learners. We conclude with a call for a transformative shift in PE programming and practices to ensure that every student has the opportunity to reap the benefits of PE.