Recent Legal Cases Research Articles

Blood tests after needlestick injury

Each month we take a close look at a recent legal case with implications for the surgical profession.

Cyber Crime and Cyber Law’s In India: A Comprehensive Study with Special Reference to Information Technology

The rapid evolution of information technology has brought about significant advancements in various sectors, but it has also given rise to new challenges, particularly in the realm of cyber security. This study aims to provide a comprehensive overview of cybercrime and cyber laws in India, with a special emphasis on the Information Technology Act, 2000. The research begins by defining cybercrime and elucidating its various forms, including hacking, identity theft, phishing, and other malicious activities conducted in the digital domain. A detailed examination of the cyber threat landscape in India is presented, highlighting the increasing frequency and sophistication of cyber-attacks and their impact on individuals, businesses, and the government. The study then delves into the legislative framework governing cyber activities in India, primarily focusing on the Information Technology Act, 2000, and its subsequent amendments. It explores the legal definitions of cybercrimes, jurisdictional issues, and the powers conferred upon law enforcement agencies to investigate and prosecute offenders. Special attention is given to recent legal developments and case studies that illustrate the application of cyber laws in real-world scenarios. Furthermore, the research scrutinizes the role of government agencies, such as the Cyber Crime Cells, in combating cyber threats and promoting cyber security awareness. The study also assesses the effectiveness of international collaborations and treaties in addressing transnational cybercrimes, considering the borderless nature of cyber threats. The research investigates the role of Information Technology policies, standards, and best practices in India. It analyses the measures adopted by organizations to safeguard their digital assets and sensitive information, highlighting the importance of cyber security awareness and education. The study synthesizes the findings to provide recommendations for strengthening the existing cyber laws, enhancing cyber security infrastructure, and fostering a collaborative approach among stakeholders to mitigate the challenges posed by cybercrime. The research aims to contribute to the understanding of the dynamic landscape of cyber threats in India and serve as a valuable resource for policymakers, legal professionals, and academia involved in the field of information technology and cyber security.

Understanding deliberate indifference to suicide in corrections facilities: A review of recent legal cases.

The US corrections system is the largest provider of mental health care in the country. Suicide is a leading cause of death in corrections facilities with rates of inmate suicide being far higher than the national average. Suicide is an event that can lead to legal action against the facility, staff, and treating health-care providers. Some claims are based on medical malpractice. In this setting, claims may also be brought based on violations of the detainee's constitutional rights. Pretrial detainees and prisoners, alike, have a constitutional right to adequate medical and psychiatric care through the Fourteenth Amendment and Eighth Amendment, respectively. But, there is limited information on constitutional claims made against correctional health-care providers for cases of inmate suicide. To help bridge this gap, the authors conducted a search of federal legal case decisions involving claims against health-care providers for deliberate indifference to a detainee's serious illness or injury in the event of attempted suicide or death by suicide over a 5 year period from 2016 to 2021. Fifteen cases were identified. Five themes emerged from the cases, which could serve as bases for claims against health-care professionals: receiving screening, mental health assessment, treatment, documentation, and attention to facility policies. The cases and their clinical significance are summarized in this article. The materials provide an overview of the problems surrounding correctional suicides and can serve as practice pointers in the corporeal setting.

Psychometric Properties of a Risk Tool Across Indigenous Māori and European Samples in Aotearoa New Zealand: Measurement Invariance, Discrimination, and Calibration for Predicting Criminal Recidivism.

Due to recent legal cases highlighting a lack of cross-ethnicity validity research using correctional risk assessment tools, we evaluated psychometric properties of Dynamic Risk Assessment for Offender Re-entry (DRAOR) scores across Māori (n = 1,812) and New Zealand (NZ) European samples (n = 1,211) in Aotearoa NZ. Using routine administrative data, our analyses suggested scoring properties were invariant across ethnicity for 15 of 19 items. Discrimination properties were also equivalent, but we observed a higher recidivism base rate among Māori participants, consistent with official statistics. Consequently, calibration analyses using a fixed follow-up (N = 372) demonstrated higher predicted recidivism rates for Māori participants at each DRAOR score. This suggests that Māori participants with similar levels of DRAOR-assessed need factors as NZ European participants experienced relatively greater continued justice contact. DRAOR users should prioritize delivering quality case management to clients, recognizing that both case-specific and systemic factors may underlie differential base rates.

Cross-market spoofing

Since 2012, regulatory investigations have revealed widespread manipulation and collusive practices among banks active in over-the-counter (OTC) markets. These discoveries have resulted in fines and settlements amounting to billions of US dollars, criminal proceedings and stricter regulation worldwide. However, recent legal cases and regulatory reports indicate that authorities have stepped up their efforts to crack down on so-called “cross-market spoofing”. The manipulative tactic involves a combination of a genuine order in one market and a spoof order in another, which is notoriously difficult to detect. In this paper, we use a high-frequency data set of limit order book snapshots from the foreign exchange (FX) spot market to develop and test a methodology to assess the feasibility, and hence potential prevalence, of cross-market spoofing. Our findings show that predictable reactions follow potential single-market spoofs that a market manipulator may exploit. Crucially, we also find that predictability may be observed in closely related markets. In particular, we discover that EUR/JPY offers a reliable pathway for a manipulator to exploit via spoof orders at deeper levels in the EUR/USD or USD/JPY limit order books. The findings suggest that a manipulator is more likely to submit a spoof order in a liquid market and a resting order in a less liquid but closely related market, rather than vice versa. Moreover, cross-market spoof orders are more likely to be found in markets that act as hedging markets.

Offensive statements lead to pharmacist liabilities

There is an adage that says “sticks and stones may break my bones, but words will never harm me.” It isn't true. Words can hurt, and the law provides remedies when spoken words cause harm. Two recent legal cases demonstrate the potential consequences of harmful words spoken by a pharmacist.

Mask Mandates and Dilemmas of Disability Difference.

A number of recent legal cases in the United States have considered both disability‐based exceptions to Covid‐19‐related mask mandates and disability‐based claims to stronger masking rules in states restricting the abilities of local governments to enforce mask mandates. We argue that a proper legal and ethical analysis of such cases requires understanding the distinction between disability accommodations and disability modifications. Disability accommodations are individualized adjustments that enable qualified individuals to perform jobs or achieve access on terms comparable to those experienced by others. Disability modifications are programmatic changes to structures or policies that increase accessibility. We contend that in the context of mask mandates, modifications rather than accommodations are ethically desirable because modification‐oriented policies promote disability access in a way that treats all individuals fairly, avoiding the risk of promoting misinformation and uncertainty about the health benefits of masking.

Children, futility and parental disagreement: The importance of ethical reasoning for clinicians in the paediatric intensive care setting

The provision of intensive care enables the lives of neonates, infants and children to be sustained or extended in circumstances previously regarded as impossible. However, as well as benefits, such care may confer burdens that resultingly frame continuation of certain interventions as futile, conferring more harm than or any, benefit. Subsequently, clinicians and families in the paediatric intensive care unit are often faced with decisions to withdraw, withhold or limit intensive care in order to act in the best interests of the child. An integral consideration in respect of these decisions is that futility is a concept that has to be contextualised for all those involved. Recent high-profile legal cases highlight the professional, clinical, legal and social conflicts that can arise when parents and clinicians have different interpretations of futility. In acknowledging the complexity of these conflicts for clinicians, this paper aims to support a better understanding of futility as an integral concept in such difficult and emotive decisions within professional practice. We utilise the concept of futility to frame how these decisions to withdraw or withhold certain invasive life-prolonging interventions are ethically and legally justifiable, even when they disagree or conflict with parental views. To support clinicians in understanding these decisions, we in part use the familiar bioethical framework of Principlism developed by Beauchamp and Childress. We suggest that understanding legal and ethical analysis of futility ultimately will help clinicians in approaching and reflecting on such decision-making.

The Evolving Medicolegal Precedent for Medications for Opioid Use Disorder in U.S. Jails and Prisons.

Medications for opioid use disorder, also known as medication-assisted treatment (MAT), are critical in the treatment of opioid use disorder. Historically, inmates with opioid use disorder in U.S. jails and prisons have had difficulty accessing these medications, particularly methadone and buprenorphine. A series of recent legal cases, however, have set an evolving precedent for prisoners' rights to medications for opioid use disorder during incarceration based on the Eighth Amendment and the Americans with Disabilities Act. In addition to reviewing these cases, this article evaluates the recent clinical and research landscape in which these cases arose and highlights the need for further study into the role of medications in reducing in-prison morbidity and mortality from opioid use disorder.

‘Who Ya Gonna Call …?’ Ethical and legal dilemmas in specialist children centres and district general hospitals

The field of Paediatric Bioethics, or ethical issues applied to children's healthcare, is relatively new but has recently gained an increased professional and public profile. Clinical ethics support to health professionals and patients who face ethical challenges in clinical practice varies between and within institutions. Literature regarding services available to paediatricians is sparse in specialist tertiary centres and almost absent in general paediatrics. We performed a mixed-methods study using online surveys and focus groups to explore the experiences of ethical and legal dilemmas and the support structures available to (i) paediatric intensive care teams as a proxy for specialist children's centres and (ii) paediatricians working in the general setting in the UK. Our main findings illustrate the broad range of ethical and legal challenges experienced by both groups in daily practice. Ethics training and the availability of ethics support were variable in structure, processes, funding and availability, e.g., 70% of paediatric intensive care consultants reported access to formal ethics advice versus 20% general paediatricians. Overall, our findings suggest a need for ethics support and training in both settings. The broad experience reported of ethics support, where it existed, was good – though improvements were suggested. Many clinicians were concerned about their relationship with children and families experiencing a challenging ethical situation, partly as a result of high-profile recent legal cases in the media. Further research in this area would help collect a broader range of views to inform clinical ethics support's development to better support paediatric teams, children and their families.

Risk Management during Sport Activities: Analysis of the Recent Legal Case in Japan Regarding Foul Ball Damages on a Spectator in a Ballpark

Risk Management during Sport Activities: Analysis of the Recent Legal Case in Japan Regarding Foul Ball Damages on a Spectator in a Ballpark

Liability for embryo mix-ups in fertility practices in the USA.

To study recent legal cases involving the transfer of the incorrect embryo into patients and learn how fertility clinics can better serve clients, protect themselves financially, and safeguard their physicians' personal assets. The Nexis Uni database was used to review legal cases, news, and business publications of previous cases of embryo mix-ups. County and district courthouse dockets were also queried for filings and court documents related to lawsuits involving embryo mix-ups using Public Access to Court Electronic Records (PACER). Emphasis was placed on court decisions, awarded damages, and legal and media coverage related to embryo mix-up events. A case law review of US legal databases and courthouse dockets was conducted for cases between 2000 and 2020, focusing on lawsuits against reproductive endocrinologists and in vitro fertilization (IVF) facilities offering embryo transfer (ET). Improper labeling and ineffective communication led to errors in the cases reviewed. It is prudent for clinics to protect themselves from embryo mix-ups, which can subsequently lead to undesirable clinical outcomes, as well as lawsuits stemming from these errors. This article emphasizes following labeling guidelines when storing embryos, employing a two-step read back method prior to ET, and offering genetic testing when a discrepancy is found in the record. In the case an embryo mix-up does occur, it is recommended to protect personal assets through business organizing procedures and consider settlement offers for policy limits.

Donald Trump, the Christian Right and COVID-19: The Politics of Religious Freedom

This paper examines the issue of religious freedom in the USA during the coronavirus pandemic of 2020–2021, during the presidency of Donald Trump (2017–2021). It contends that the ability of state governors to close religious places of worship illustrates both the limits on the power of the president and that public health can take supremacy over religious freedom in today’s America. The paper is organised as follows: first, we identify the importance of religious freedom for the more than 20 million Americans who self-classify as Christian evangelicals. Second, we assess the transactional importance that President Trump placed on Christian evangelicals’ religious freedom. Third, we look at one kind of Christian evangelicals—that is, Christian nationalists—to see how they regarded restrictions on their religious behaviour caused by COVID-19. Fourth, we briefly examine several recent legal cases brought against the governors of California and Illinois by the Liberty Counsel, the leading Christian evangelical legal firm in the USA. Led by Matthew Staver, Dean of the Liberty University Law School, Liberty Counsel regularly represents Christian nationalists who challenge state-imposed restrictions on religious gatherings during the coronavirus pandemic.

Looking back over the past year in patient safety.

John Tingle, Lecturer in Law, Birmingham Law School, University of Birmingham, discusses some recent legal cases and patient safety reports.

The Development of Contract Law in the Field of Blockchain Technologies

The paper provides an overview of different legal approaches to structuring contractual relations based on blockchain technology. The author considers the USA experience of building blockchainoriented contractual relations to be cutting-edge legal solutions. The paper introduces the concept of a Simple Agreement for Future Tokens (SAFT). American investment lawyers invented this specific type of contract. SAFT shows the unique contractual solution that allows investors and inventors to form legal, contractual obligations that contradict neither American nor Russian contract law. The complexity of SAFT is also analyzed on the example of several recent blockchain projects and legal cases. The paper provides several approaches to optimizing Russian law and legal doctrine to new technological solutions. Among those are franchise, license, and loan agreements. The emphasis is made on the necessity of the implementation of new technology in the contract formation and amendment. The brief overview of COVID-19 challenges concerning the contract law doctrines of force majeure, hardship, frustration of contract are also analyzed in the scope of the paper’s central hypothesis, namely: blockchain solutions.

Empirical Insights into Supervisory Boards of Listed Companies in China

This paper addresses a gap in the literature by presenting novel empirical insight, accorded by privileged access to prejudications and legal decisions, into corporate governance in China. A main aim of our work was to assess whether calls for reform of the regulatory system are warranted. We present an inductive piece of research into two-tier boards in Chinese listed companies, incorporating a board of directors and a supervisory board, appointed by and reporting to the shareholders’ meeting. Through unique primary-source evidence, and additional evidence from recent legal cases, we illustrate the problems faced by organizations that have had to contend with the inherent difficulties of corporate governance in China. Our findings suggest that the supervisory board, in practice, has limited power, given the conflicting roles of the various members, and that corporate governance might be better maintained by a greater transfer of power to independent directors.

Toothache and incapacity

Each month we take a close look at a recent legal case with implications for the surgical profession.

Litigation in thyroid cytology and histopathology in England: a very brief overview.

This brief review discusses legal issues in thyroid cytology and histopathology in England. The principal risks in thyroid cyto/histopathology are either underdiagnosis of a malignant condition as benign, overdiagnosis of a benign condition as malignant, or the failure to recognise or the overdiagnosis as malignant of a benign or inflammatory condition. There are multiple diagnostic pitfalls in both cytology and histopathology and these are reasonably well documented. The interobserver reproducibility as assessed by kappa statistics of some of the major criteria for malignancy, specifically papillary-type nuclei in the diagnosis of papillary thyroid carcinoma, capsular invasion or vascular invasion are comparatively poor hence diagnoses of well differentiated papillary or follicular carcinoma may often be to some extent subjective. This article reviews the current legal situation in England discussing recent legal case precedents with a suggestion for improving communication and the preoperative consent process for patients.

Official controls on food safety: Competent Authority measures.

Since December 14th, 2019, Regulation (EC) No 882/2004 has been replaced by Regulation (EU) 2017/625, which sets the activity of the official control on food safety, extending the scope of the previous regulation. The broader scope of the new regulation aims to ensure compliance across the European Member States in the Union in the fields of food, feed, animal health and welfare, plant health and plant protection products. The administrative measures that the Competent Authorities adopt following the finding of a non-compliance regarding food hygiene, should be take into account not only the risk assessment, but a series of criteria dictated by both European and national legislation and comply with the generals principles governing administrative action. The aim of this study is to conduct a legal analysis of: (i) the provisions set out in Regulation (EU) 2017/625 concerning executive actions in the case of noncompliance, and (ii) the criteria used to assess the appropriate remedial measures. The study was completed by analysing recent legal cases on food safety, which in many cases have censure the work of the Local Competent Authority, and has brought to light a distorted and uneven application of the legislation on food safety, especially in cases in which drastic measures had been adopted, such as the closure of the productive activities, which has a heavy impact on the food business operators in the food sector concerned. In addition to an incorrect application of the specific health legislation, there is also a violation of the principle of proportionality, of community origin. Indeed, the principle of proportionality, an essential factor in administrative review, which has been used as a leading criterion in the adoption of administrative measures by of the Health Authorities of the Competent Authority.

The Curious Case of Cramblett v. Midwest Sperm Bank: Centering a Political Ontology of Race and Disability for Liberatory Thought

ABSTRACT This article explores a recent legal case wherein the category of “wrongful birth”—a negligence claim against a physician who failed to adequately inform a pregnant individual of the likelihood of their child having a congenital disorder, birth defect, or other disability—was used to describe the birth of a black/mixed-race child. In this case, a white woman was inseminated and impregnated with the sperm of a black man instead of the white man's sperm she had purchased. In examining this case, I argue for the liberatory import of placing race and disability in a comparative frame that relies on a method of juxtaposition and centers a political ontology of race and disability.