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25 results on '"negligence."'

1. A systematic review and meta-analysis of medical malpractice studies in Iran

Author

Navid Kalani, Naser Hatami, Mohammad Zarenezhad, Alireza Doroudchi, Mahdi Foroughian, and Esmaeil Raeyat Doost

Subjects
iran, medical error, medical malpractice, negligence., Medicine (General), R5-920
Abstract

Background: Medical malpractice is a serious problem in the health care system. This study aimed to review the medical negligence in Iran. Methods: Based on the PRISMA checklist, a search for scientific records was done separately by two researchers. All the articles that had selection criteria were evaluated in terms of methodological quality. Medical malpractice was assessed in four main divisions including negligence, Lack of skill, Carelessness and non-compliance with government regulations). The bias test was performed using the Egger’s test. Revman software was used to analyze the data. Results: In the present study, 25 studies that examined the countrychr('39')s medical malpractice from April 1994 to March 2018 were included in the meta-analysis. Negligence has been implicated in 1,105 cases of the 2,068 claims. Lack of skill in 255 out of 2068 cases, 432 cases of carelessness and 244 cases of non-compliance with government regulations Were recorded the results of the meta-analysis showed that OR negligence was 0.76 (CI 95%: 0.66-0.87), lack of skill was 0.61 (CI 95%: 0.49-0.76), carelessness was 0.62 (CI 95%: 0.50-0.76) and non-compliance with government regulations was 0.66 (95% CI: 0.60-0.73). In the review of the confirmed negligence ratio of the registered complaint files, only 19 studies mentioned this ratio. The results of the meta-analysis of these 19 studies showed that the OR ratio of the confirmed negligence of complaints was 0.6 (95% CI: 0.41-0.86). From all claims, General surgeons had OR of confirmed medical malpractices, equal to 0.47 (CI 95%: 0.37-0.60), gynecologists with OR equal to 0.49 (CI 95%: 0.36-0.66), general practitioners with OR equal to 0.43 (CI 95%: 0.30-0.63) and orthopedic specialists with an OR of 0.44 (CI 95%: 0.32-0.61). Conclusion: The results of this study help to understand the current position of medical negligence studies in the country to identify the cause of the malpractice and develop new studies for the future.

Published
2021

2. Visual outcome after emergency surgery for open globe eye injury in Japan

Author

Toride A, Toshida H, Matsui A, Matsuzaki Y, Honda R, Ohta T, and Murakami A

Subjects
open globe eye injury, ocular trauma, visual outcome, accident, work-related injury, negligence., Ophthalmology, RE1-994
Abstract

Ai Toride,1,2 Hiroshi Toshida,1 Asaki Matsui,1 Yusuke Matsuzaki,1 Rio Honda,1,3 Toshihiko Ohta,1 Akira Murakami3 1Department of Ophthalmology, Juntendo University Shizuoka Hospital, Shizuoka, 2Department of Ophthalmology, Juntendo University Nerima Hospital, 3Department of Ophthalmology, Juntendo University School of Medicine, Tokyo, Japan Background: Most patients with open globe eye injury are brought to hospital as emergency patients and usually require admission for emergency surgery. We analyzed the visual outcome in patients with open globe eye injury at our hospital over a 4-year period.Patients and methods: This study reviewed 40 eyes of 40 patients with open globe eye injury who were presented to Juntendo University Shizuoka Hospital and required emergency surgery during the 4 years from January 2010 to December 2014. Retrospective evaluation of the visual outcome was performed using data from the medical records, including assessment of the influence of sex, side of the eye injury, cause of injury, and site/severity of injury.Results: The mean age (SD) at the time of the injury was 58.9 years (±25.1 years). There were 28 males (70.0%) and 12 females (30.0%). Statistically significant improvement in visual acuity after treatment was noted in the males (P=0.0015, Wilcoxon test), but not in the females. Twenty-five patients had injury to the right eye (62.5%) and 15 had injury to the left eye (37.5%). A significant improvement in visual acuity was achieved after treatment of injury to the right eye (P=0.021), but not the left eye (P=0.109). The most frequent cause of injury was an accident (15 eyes; 37.5%). The second most frequent cause was work-related injury (14 eyes; 35.0%), which only occurred in males, and the third cause was accident due to negligence (eleven eyes; 27.5%). Two patients developed sympathetic ophthalmia and one patient developed postoperative endophthalmitis. Conclusion: The majority of patients with open globe eye injury were male workers in Japan. The visual outcome of work-related injury was better than that of injury due to other causes. The visual outcome was also better if the right eye was injured compared with the left eye. Patients with injuries due to negligence were older than the other groups, and this finding might be characteristic of an aging society. Keywords: ocular trauma, visual outcome, accident, work-related injury, negligence

Published
2016

3. MEDICAL ERRORS IN CLINICAL PRACTICE OF PHYSICIANS IN TERNOPIL REGION (UKRAINE)

Author

V. V. Franchuk

Subjects
medical malpractice, medical errors, forensic medical examinations, dereliction of duty by medical personnel, negligence., Medicine
Abstract

Background. The professional occupation of a doctor quite often meets different imperfections, which have negative outcome for patients. Objective. The study was aimed to investigate the expert characteristics of improper performance of the professional duties by medical staff on the example of a particular region of Ukraine. Methods. In the study the archival materials (commission on forensic medical examinations) held in Ternopil Regional Bureau of Forensic Medical Examination in 2007-2014 years were analysed. The research results are summarized and processed with the use of general statistical methods. Results. It is defined that during this period 112 examinations concerning medical malpractice were implemented (9.05% of all commission examinations). Conclusions. Medical errors were combined, especially during the diagnostics, treatment and in medical records. The majority of cases (82.1%) of medical malpractice were caused by the objective reasons.

Published
2017
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4. L’amministrazione e le sue responsabilità patrimoniali ai tempi dell’emergenza da Covid-19

Author

Micciche', Calogero, calogero micciché (ORCID:0000-0002-0045-2117), Micciche', Calogero, and calogero micciché (ORCID:0000-0002-0045-2117)

Abstract

The essay focuses on the legal system of administration's responsibility in Italy during Covid-19. To mitigate the fear of pubblic servants and solicit their activism in support of the economy, the Legislator with the d.l. n. 76/2020 introduced experimental rules on liability. In particular, with the art. 21 of the decree, the liability for negligence, even gross, for the acts acting until the december 2021 was excluded. The paper examines this new discipline looking at the peculiarities of the health system and responsibilities of technical and consultative body.

Published
2020

5. A builder's duty of care : When should it apply to the directors and employees of companies involved in the creation of defective buildings? : a thesis submitted to the Victoria University of Wellington in fulfilment of the requirements for the degree of Master of Laws

Author

Brittain, Grant and Brittain, Grant

Subjects
Tort liability of corporations New Zealand., Building laws New Zealand., Corporate governance Law and legislation., Negligence New Zealand., Tort liability of corporations., Negligence., Enterprise liability., Negligence, Comparative., Negligence, Contributory., Sociétés Responsabilité civile Nouvelle-Zélande., Négligence (Droit) Nouvelle-Zélande., Sociétés Responsabilité civile., Négligence (Droit), negligence., Negligence, Contributory, Negligence, Comparative, Enterprise liability, Building laws, Corporate governance Law and legislation, Negligence, Tort liability of corporations, New Zealand
Abstract

This thesis considers the issue of when a tortious duty of care to prevent economic loss should be imposed on the company directors and employees who stand behind the complex structure of companies and contracts involved in the creation of a defective building. Set against the background of the leaky building crisis, and what are (it is argued) unfair litigation outcomes, the thesis traverses the emergence and development of the principles that underpin liability for negligence and negligent misstatement in respect of defective buildings. A review of the cases confirms that the concepts of control and general reliance are the basis of New Zealand law in this area. There follows a discussion of the difficult relationship between company law principles and negligence principles, and the role of assumption of responsibility in the law of negligence and negligent misstatement, including a discussion of developments in the leaky building litigation. The thesis advanced is that, in respect of the creation of defective buildings, the approach to the issue of whether to impose a duty of care on company directors and employees would benefit from placing significant weight on the factor of de facto control of the inputs that dictate the outcome of a building project, and on the lower level factor of a direct or indirect financial interest in the outcome of the project. It is argued that the approach to imposing a duty of care should be the same for directors and employees and in respect of statements and actions. In cases where the evidence establishes that the financial interest factor is not present, this should give rise to an inference that the company director or employee does not have control of the inputs that dictate the outcome of the project, so that no duty of care arises. This would enable a director or employee to exit litigation by way of an application for summary judgment ...

Published
2017

6. Differential safety liability of road and rail : a thesis submitted to the Victoria University of Wellington in partial fulfilment of the requirements for the degree of Master of Laws

Author

King, Murray Alexander and King, Murray Alexander

Subjects
Industrial safety Law and legislation., Industrial safety Law and legislation New Zealand., Work environment Law and legislation., Work environment Law and legislation New Zealand., Railroads Security measures., Roads Security measures., Negligence., Negligence, Comparative., Negligence, Contributory., Roads Safety measures., Routes Sécurité Mesures., Négligence (Droit), negligence., Negligence, Contributory, Negligence, Comparative, Work environment Law and legislation, Railroads Security measures, Negligence, Industrial safety Law and legislation, New Zealand
Abstract

Rail safety is closely controlled, but there is less supervision of the actual road, its construction and condition. Safety is the responsibility of the road user, not the provider. This is a feature of the common law, including the rule that no liability attaches to road omissions, and of legislation governing road and rail. It has its roots in the many centuries of highway development. New Zealand legislation has few safety duties for road owners, but very comprehensive and strict obligations for railways. This is also true internationally, except that in some jurisdictions there are enhanced controls on road. Health and safety laws may not cover the public safety aspects of roads, but they do cover all aspects of railways. The imbalance increases the cost and reduces the effectiveness of rail. Potential reforms of the law are proposed.

Published
2016

7. License to Harass: Holding Defendants Accountable for Retaining Recidivist Harassers

Author

Stone, Kerri Lynn and Stone, Kerri Lynn

Abstract

Harassment victims who suffer a "tangible employment action," which the Supreme Court defines as a "significant change in employment status such as hiring, firing, failure to promote, reassignment, or a decision causing a significant change in benefits," enjoy unfettered recourse when they sue their employers. However, victims who do not endure what a court will deem a "tangible employment action" will have their prima facie case of harassment then rendered vulnerable to the interposition of an affirmative defense by a defendant-employer, who will escape liability if it can show "(a) that the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) that the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise." In a previous article, I discussed a phenomenon in the law whereby victims of sexual harassment who fail to report it, but who submit to the advances of their harassers actually fare better under the law than do similarly-situated victims who passively resist the advances, because a submission predicated on the retention or improvement of one's professional status quo has been deemed a tangible employment action by two courts of appeals. This article deals with the availability and application of the Faragher/Ellerth defense where a victim, rather than voluntarily engaging in relations with her harasser, is subjected to a one-time incident that rises to the level of being actionable, like a sexual assault or rape. Although the Supreme Court has "approve[d]" the determination of a circuit court that an instance of sexual assault "did not preclude the employer from asserting the Ellerth/ Faragher affirmative defense" where it was not promptly reported, the Court has not voiced an opinion on the issue of whether a single incident of sexual harassment can ever serve as a tangible employment action. The Eighth Cir

Published
2008

8. Town's liability for police officer's negligence

Author

Wolkoff, Adam. and Wolkoff, Adam.

Subjects
Tort liability of police Connecticut., Negligence Connecticut., Reasonable care (Law) Connecticut., Police Responsabilité civile Connecticut., Négligence (Droit) Connecticut., Personne raisonnable (Droit) Connecticut., Negligence., Reasonable care (Law), Tort liability of police., Connecticut.
Abstract

Discusses recent judgment against the Town of Seymour concerning an off-duty town police officer's negligence, the likelihood of an appeal, and the probability of the appeal's success.

Published
2006

9. Liability in negligence of clergy and churches in New South Wales for pastoral counselling for depression

Author

Spaul, WG and Spaul, WG

Abstract

The thesis suggests an approach to be taken in determining whether clergy who provide pastoral counselling for depression1 to individuals in New South Wales owe a duty of care. The ‘pastoral’ nature of pastoral counselling for depression is defined herein by reference to several indicia, including that the cleric is a non-professional counsellor and that the counselling is wholly or primarily based on religion. The Civil Liability Amendment (Personal Responsibility) Act 2002 (NSW) (‘the CLA’) does not provide a general statement of when a duty of care arises. The common law continues to apply, to the extent not supplanted by the CLA. Whatever the CLA’s overall effect, the change to the law has not been extensive as it may relate to the existence of the postulated duty of care. There is no Australian case of direct relevance to pastoral counselling for depression, and no majority accepted general approach in the High Court of Australia (‘the Court’) for determining whether a duty of care exists. It is contended that whether a duty of care will arise for pastoral counselling for depression by clergy may appropriately be determined by reference to the following questions, to be answered with regard to the facts of the case. These are whether the cleric knew, or a reasonable cleric would have known, of a likelihood of a client relying on the counselling; whether such reliance would be reasonable; whether pastoral counselling for depression could increase the client’s vulnerability if reasonable care is not taken; whether harm to the client is foreseeable to a reasonable cleric as a result of an act or omission when providing pastoral counselling for depression; whether it would be unreasonable, having regard to the public interest, for the cleric to be subject to a duty of care; and whether imposing a duty of care would subject clergy or churches to an unreasonable burden. Affirmative answers to each of the first four questions and a negative answer to the fifth and six

Published
2005

10. Summary of LePage v. Horne

Author

Reinhart, Christopher. and Reinhart, Christopher.

Subjects
Day care centers Connecticut., Evidence, Expert Connecticut., Negligence Connecticut., Sudden infant death syndrome Connecticut., Garderies Connecticut., Expertises Connecticut., Négligence (Droit) Connecticut., Mort subite chez le nourrisson Connecticut., Day care centers., Evidence, Expert., Negligence., Sudden infant death syndrome., Connecticut.
Abstract

Summarizes Connecticut Supreme Court's decision in LePage v. Horne (262 Conn. 116 (202)).

Published
2002

12. Good Samaritan laws

Author

Coppolo, George. and Coppolo, George.

Subjects
Assistance in emergencies Law and legislation Connecticut., Emergency medical services Law and legislation Connecticut., Negligence Connecticut., Négligence (Droit) Connecticut., Assistance in emergencies Law and legislation., Emergency medical services Law and legislation., Negligence., Connecticut.
Abstract

Discusses whether Connecticut's Good Samaritan law applies to individuals other than those employed in a medical profession.

Published
2000

14. Damages for loss of filial or parental consortium

Author

Coppolo, George and Coppolo, George

Subjects
Damages Connecticut., Negligence Connecticut., Bereavement Connecticut., Négligence (Droit) Connecticut., Deuil Connecticut., Bereavement., Damages., Negligence., Connecticut.
Abstract

Discusses whether Connecticut courts allow parents to sue for damages for loss of consortium caused by injuries to a child caused by a third party's negligence

Published
1997

15. Standard of care for medical practitioners

Author

Kasprak, John and Kasprak, John

Subjects
Medical care Law and legislation Connecticut., Medical care Law and legislation States. United States, Negligence Connecticut., Negligence States. United States, Négligence (Droit) Connecticut., Négligence (Droit) États. États-Unis, Medical care Law and legislation., Medical care Law and legislation U.S. states., Negligence., Negligence U.S. states., Connecticut., United States.
Abstract

Discusses the "standard of care" for medical practitioners including what the standard is, how it is established, and relevant court cases, particularly in Connecticut.

Published
1997

16. Case on furnishing alcohol to adult driver

Author

Gunas, Heather and Gunas, Heather

Subjects
Drunk driving Connecticut., Liability (Law) Connecticut., Negligence Connecticut., Conduite en état d'ivresse Connecticut., Responsabilité (Droit) Connecticut., Négligence (Droit) Connecticut., Drunk driving., Liability (Law), Negligence., Connecticut.
Abstract

Discusses a recent Connecticut Superior Court case, Lisa Fortuna v. Connecticut Light & Power Co. et al. (No. CV 9472106, Memorandum Filed February 15, 1996) which involves liability for furnishing alcohol to an adult driver who subsequently injured another.

Published
1996

17. Summary of Connecticut Appellate Court wrongful death case involving expert testimony and the amendments of complaints

Author

Gunas, Heather and Gunas, Heather

Subjects
Evidence, Expert Connecticut., Negligence Connecticut., Wrongful death Connecticut., Expertises Connecticut., Négligence (Droit) Connecticut., Décès causé par un acte fautif Connecticut., Evidence, Expert., Negligence., Wrongful death., Connecticut.
Abstract

Discusses the Connecticut Appellate case, Bourquin v. B. Braun Melsungen, a wrongful death case covering the late disclosure of expert witnesses, the proper amendment of complaints, and the requirement of expert testimony to determine negligence.

Published
1996

19. Calabrese v. Brown

Author

Harleston, Jerome. and Harleston, Jerome.

Subjects
Liquor laws Connecticut., Negligence Connecticut., Négligence (Droit) Connecticut., Liquor laws., Negligence., Connecticut.
Abstract

Discusses Connecticut Superior Court opinion involving a lawsuit for negligent furnishing of alcohol to an adult.

Published
1995

20. Whittingham v. Congregation B'Nai Israel

Author

Harleston, Jerome. and Harleston, Jerome.

Subjects
Building laws Connecticut., Negligence Connecticut., Négligence (Droit) Connecticut., Building laws., Negligence., Connecticut.
Abstract

Discusses Connecticut Superior Court opinion involving common-law negligence.

Published
1995

21. Unidentified tortfeasors

Author

Lucas, Pamela and Lucas, Pamela

Subjects
Negligence Connecticut., Liability (Law) Connecticut., Civil procedure Connecticut., Négligence (Droit) Connecticut., Responsabilité (Droit) Connecticut., Civil procedure., Liability (Law), Negligence., Connecticut.
Abstract

Discusses Gallagher-Crespo v. Storz, 14 Conn. L. Rptr. No. 2, 64 (May 29, 1995), and whether under CGS 52-572h and PA 95-111 an unidentified tortfeasor may be brought into a personal injury action for the purpose of apportioning liability.

Published
1995

23. Injuries, emotions, and stories: Juror decision making and the tort of negligence.

Author

Shanahan, Christopher Michael

Subjects
Decision-making., Jurors., Torts., Negligence., Injuries., Emotion.
Abstract

Within the framework of the Story Model of juror decision making, using an actual personal injury automobile accident case, this thesis investigated the influence of mock jurors emotional response to an injured plaintiff on decisions about defendant liability and the plaintiff s contributory negligence as well as the efficacy of procedural legal safeguards to control any such biases. Study One validated the Story Model of juror decision making in individual decisions, and revealed that mock jurors failed to consider the requisite legal elements in rendering a verdict. Study Two ascertained participants affective response to a mock trial in which evidence relevant to liability was held constant and the severity of the plaintiff s injuries differed. A multiple mediator model revealed that sympathy for the plaintiff and anger toward the defendant mediated the relation between injury severity and determinations of the relative culpability of the parties. Study Three demonstrated that mock jurors exposed to emotionally evocative damages evidence constructed stories about the defendant s liability and the plaintiff s contributory negligence that differed from those constructed in response to emotionally neutral evidence. Study Four showed that the process of group deliberation failed to correct the misuse of evidence relevant to damages in liability decisions. However, Study Five demonstrated that judicial admonitions both acknowledging mock jurors emotional response to the evidence and explaining why this response was irrelevant to judgments of liability moderated the influence of emotional states on decisions about liability and contributory negligence. Study Six indicated that jury-eligible citizens conceptions of negligence law closely matched the normative model of negligence law, and that their mental models of negligence cases that ended successfully for the plaintiff featured more severely injured plaintiffs than those that ended unsuccessfully for the plaintiff. These studies addressed analytical and methodological weaknesses in previous research, resolved conflicting findings on fusion of liability and damages, provided direct empirical support for the central premise of the Story Model of juror decision making, and advanced knowledge on the influence of emotion on decisions in civil legal cases.

Published
2007

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