scholarly journals Risk and responding to self injury: is harm minimisation a step too far?

2019 ◽  
Vol 14 (1) ◽  
pp. 1-11
Author(s):  
Patrick Joseph Sullivan
Keyword(s):  
Health Professionals ◽  
Design Methodology ◽  
Legal Obligation ◽  
Clinical Environment ◽  
Harm Minimisation ◽  
Content Type ◽  
Self Injury ◽  
Legal Literature ◽  
Legal Implications ◽  
The Law

Purpose The purpose of this paper is to consider some of the legal implications of adopting a harm minimisation approach in supporting people who self-injure within inpatient mental health units. It is argued that a focus on risk and the increasing influence of the law and legal styles of thinking often associated with the allocation of blame have produced a more risk adverse clinical environment. As a result health professionals are more likely to err on the side of caution rather than engage in practices that although potentially therapeutic are not without their risks. Design/methodology/approach The analysis draws on the clinical, philosophical and legal literature to help understand how harm minimisation may support people who self-injure. It considers some of the complex medico-legal issues that arise in a clinical environment dominated by risk. Findings A focus on risk and accountability has produced an environment where the law and legal styles of thinking have come to influence practice. This is often associated with blame in the minds of the health professional. Given the legal obligation to prevent suicide, health professionals may take a conservative approach when working with people who self-injure. This makes the adoption of harm minimisation difficult. Originality/value This paper provides a legally informed analysis of some of the challenges associated with using harm minimisation techniques with people who self-injure. It adds to the literature regarding this area of clinical practice.

Legal implications governing medical negligence in India: creating awareness through six-dimensional framework of effective communication

2020 ◽  
Vol 62 (5) ◽  
pp. 417-425
Author(s):  
Deepa Sethi ◽  
Vikas Arya
Keyword(s):  
Health Professionals ◽  
Design Methodology ◽  
Qualitative Method ◽  
Effective Communication ◽  
Medical Negligence ◽  
Journal Articles ◽  
Open Communication ◽  
Content Type ◽  
Legal Implications ◽  
Legal Implication

Purpose The purpose of this study is to determine the existing legal implications for medical negligence in India and recommending how open communication and empathy by the doctors can help prevent these implications. Design/methodology/approach This research is based on a qualitative method. Indian laws, Indian constitution, journal articles, books and other writings have been reviewed to develop this study. Findings There are many legal implications for medical negligence in India, and justice can be demanded under a number of Indian laws. This study also found that it is important to create awareness regarding the laws governing medical negligence through effective communication and empathy. Originality/value Extant literature discusses in detail the various laws related to medical negligence and few talk about creating awareness about these laws amongst people, and while some researchers understand the importance of sensitizing health professionals of the nitty-gritty of the legal implication governing medical negligence, none provides a framework of medical negligence with the help of sensitizing health professionals through communication. This study fills the gap by focusing on prevention than cure.

The impact of ambivalence on recovery from non-suicidal self-injury: considerations for health professionals

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Nicole Gray ◽  
Penelope Hasking ◽  
Mark E. Boyes
Keyword(s):  
Health Professionals ◽  
Help Seeking ◽  
Design Methodology ◽  
Recovery Process ◽  
Health Concern ◽  
Positive Outcomes ◽  
Public Health Concern ◽  
Content Type ◽  
Self Injury ◽  
The Impact

Purpose Non-suicidal self-injury (NSSI) is a growing public health concern. Continued NSSI is often associated with negative outcomes, yet the behaviour usually serves a purpose for individuals who self-injure (e.g. emotional relief). As such, individuals who self-injure often experience ambivalence about the behaviour. The purpose of this paper is to highlight the importance of recognising ambivalence as a natural and expected part of the recovery process. Design/methodology/approach This paper draws on literature regarding NSSI recovery, ambivalence towards stopping the behaviour and challenges for both clients and health professionals. Findings This paper argues that ambivalence towards self-injury can be challenging for both clients and health professionals. Clients may feel shame and sense of failure if they experience a setback; health professionals may experience frustration towards clients who continue to self-injure despite treatment. Originality/value Validation of the clients’ experience can have significant positive outcomes in treatment and help-seeking behaviours. Acknowledgement of client ambivalence during the recovery process will serve to validate clients’ experience and facilitate rapport. Health professionals who accept ambivalence as a natural part of the recovery process may experience less frustration with clients who continue to self-injure.

Correlates of disclosure of non-suicidal self-injury amongst Australian university students

2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Sylvanna Mirichlis ◽  
Penelope Hasking ◽  
Stephen P. Lewis ◽  
Mark E. Boyes
Keyword(s):  
University Students ◽  
Lived Experience ◽  
Health Care Professionals ◽  
Help Seeking ◽  
Design Methodology ◽  
Online Surveys ◽  
Self Advocacy ◽  
Content Type ◽  
Self Injury ◽  
Perceived Impact

Purpose Non-suicidal self-injury (NSSI) is associated with psychological disorders and suicidal thoughts and behaviours; disclosure of NSSI can serve as a catalyst for help-seeking and self-advocacy amongst people who have self-injured. This study aims to identify the socio-demographic, NSSI-related, socio-cognitive and socio-emotional correlates of NSSI disclosure. Given elevated rates of NSSI amongst university students, this study aimed to investigate these factors amongst this population. Design/methodology/approach Australian university students (n = 573) completed online surveys; 80.2% had previously disclosed self-injury. Findings NSSI disclosure was associated with having a mental illness diagnosis, intrapersonal NSSI functions, specifically marking distress and anti-dissociation, having physical scars from NSSI, greater perceived impact of NSSI, less expectation that NSSI would result in communication and greater social support from friends and significant others. Originality/value Expanding on previous works in the area, this study incorporated cognitions about NSSI. The ways in which individuals think about the noticeability and impact of their NSSI, and the potential to gain support, are associated with the decision to disclose self-injury. Addressing the way individuals with lived experience consolidate these considerations could facilitate their agency in whether to disclose their NSSI and highlight considerations for health-care professionals working with clients who have lived experience of NSSI.

Unfair dismissal in the Mauritius context: a comparative study

2018 ◽  
Vol 60 (6) ◽  
pp. 1299-1312
Author(s):  
Ambareen Beebeejaun
Keyword(s):  
Design Methodology ◽  
Research Work ◽  
Procedural Fairness ◽  
Content Type ◽  
Monetary Compensation ◽  
Unfair Dismissal ◽  
The Subject ◽  
The Law ◽  
Employment Rights ◽  
Practical Recommendations

Purpose The purpose of this study is to critically analyse the concept of unfair dismissal and to assess the extent to which the Employment Rights Act 2008 is affording protection to employees in Mauritius. The purpose of this study is to also demonstrate that as employees form an integral part of their workplace, their employment cannot be terminated without substantive and procedural fairness. The paper will provide some recommendations to cater for loopholes in existing Mauritius employment legislations. Design/Methodology/Approach To critically examine the topic, the black letter approach is adopted to detail legislations and judgments of courts on the subject matter. A comparative analysis with some other jurisdictions’ employment legislations is also carried out to define, explain and examine the concepts of dismissal, substantive causes such as misconduct and procedural fairness. Findings From the methodologies used, it is found that a substantial reason is not sufficient to conclude whether a dismissal is fair. The law of unfair dismissal has introduced some procedural safeguards to protect the employee from being unfairly and unjustifiably dismissed. The procedural requirements act as guidelines to employers and if they are not followed properly, the dismissal will be unfair. Unfair dismissal needs to be accompanied by remedies from employers, and monetary compensation has been found to be the most appropriate remedy. Originality/Value This paper is amongst the first research work conducted in Mauritius that compares the law of unfair dismissal and its implications with the laws of England and South Africa. The study is carried out with a view to provide practical recommendations in this area of employment law to the relevant stakeholders concerned.

Mental capacity and deprivation of liberty: the Law Commission’s consultation paper

2015 ◽  
Vol 17 (5) ◽  
pp. 331-334 ◽  
Author(s):  
Tim Spencer-Lane
Keyword(s):  
Design Methodology ◽  
Service Users ◽  
Consultation Process ◽  
Content Type ◽  
Opportunity To Respond ◽  
Future Paper ◽  
The Law ◽  
Practical Implications ◽  
Consultation Paper ◽  
Law Commission

Purpose – The purpose of this paper is to introduce the readership to the consultation being held by the Law Commission concerning proposed revisions to the Deprivation of Liberty Safeguards (DoLS). Design/methodology/approach – Discussion of the consultation being held by the Law Commission concerning proposed revisions to the DoLS. Findings – These are as yet unknown as the consultation period is ongoing – it is planned that a future paper will examine the findings and recommendations from the consultation process. Practical implications – There has been criticism of the DoLS since their introduction in 2009. A new scheme provides the opportunity to respond to some of the criticisms and to develop more appropriate processes. The paper invites readers to take part in the consultation process and to respond to the proposals that have been developed. Social implications – A new and more appropriate scheme would be beneficial for service users and families/caregivers. Originality/value – This is the first opportunity for a revision to the DoLS scheme and introduction of the proposed scheme and the consultation process to the readership is highly appropriate and valuable to the Journal.

scholarly journals Contra trading in Bursa Malaysia Securities Berhad: a Sharīʿah and legal appraisal

2017 ◽  
Vol 9 (2) ◽  
pp. 200-204 ◽  
Author(s):  
Noor Suhaida Kasri ◽  
Burhanuddin Lukman
Keyword(s):  
Design Methodology ◽  
Common Law ◽  
Critical Examination ◽  
Quantitative Investigation ◽  
Content Type ◽  
The Public ◽  
Research Areas ◽  
Legal Literature ◽  
Long Run ◽  
Qualitative Research Methodology

Purpose The purpose of this paper is to analyze the practice of contra trading in Bursa Malaysia Securities Berhad. Through a critical examination of the practice, it aims to discuss the issues from the angles of Sharīʿah and Malaysian common law. Design/methodology/approach The paper uses a qualitative research methodology. The information on the practice of contra trading is obtained through the Bursa Malaysia Securities Berhad’s website and literature as well as series of meetings and discussions held with Bursa Malaysia Securities Berhad. In comprehending and dissecting the Sharīʿah and legal issues, classical along with contemporary Sharīʿah literature including local and international Sharīʿah advisory bodies’ resolutions and standards have been referred to. The Sharīʿah analysis of these issues is further supported by reference to the statute and by-laws of Bursa Malaysia Securities Berhad as well as other related legal literature. Findings This paper finds that contra trading involves a real sale and purchase of shares; the shares are not taken into the possession of the contra trader, neither physically nor constructively; the liability of shares is not transferred to the contra trader; though the practice of profiting in contra trading may contradict the prohibition on profiting without bearing liability, the permissibility of contra trading could still be argued from the contextual approach of public interest (maṣlaḥah) and needs (hājah); and contra trading is not gambling. Research limitations/implications This paper is limited in its analysis to only Sharīʿah and legal perspectives. It does not cover a thorough empirical and quantitative investigation that would measure the extent of the public needs for contra trading and the real benefits that contra trading brings about to the society in the long run. Such studies will further demonstrate whether contra trading deserves a relaxation from the strict Sharīʿah ruling thus affirming the issue of permissibility of contra trading. Moving forward, this paper recommends ways to address the predicaments faced in the contra trading practices as well important research areas that could be taken up in future. Originality/value This paper provides an in-depth investigation of the practice of contra trading at the Bursa Malaysia Securities Berhad from the angles of Sharīʿah and common law.

Combating corruption in Nigeria and the constitutional issues arising

2016 ◽  
Vol 23 (4) ◽  
pp. 700-724 ◽  
Author(s):  
Akume T. Albert
Keyword(s):  
Analytical Method ◽  
Design Methodology ◽  
Original Work ◽  
Social Implications ◽  
Plea Bargain ◽  
Content Type ◽  
Documentary Sources ◽  
The Law ◽  
The Government ◽  
Practical Implications

Purpose The purpose of this paper therefore is to identify and examine major issue-areas in law, prominent among which are the Plea-Bargain and S308 Immunity Clause, and how they impact the process of effectively combating corruption in Nigeria. Design/methodology/approach The paper uses documentary sources and analytical method to examine the issues involved. Findings The identified issue-areas are inhibitors rather than facilitators. Research limitations/implications The implication is that the government needs to change the existing laws to strengthen the fight against corruption. Practical implications This is to ensure that the war against corruption is strengthened and effective. Social implications To ensure that offenders face the full weight of the law for their action. Originality/value This paper is the author's original work and all references are appropriately acknowledged.

How can health professionals contribute to the internet of things body of knowledge

2019 ◽  
Vol 49 (2) ◽  
pp. 229-240 ◽  
Author(s):  
Mehdi Dadkhah ◽  
Mohammad Lagzian ◽  
Gabriele Santoro
Keyword(s):  
Internet Of Things ◽  
Health Professionals ◽  
Design Methodology ◽  
Content Type ◽  
Technological Paradigm ◽  
Body Of Knowledge ◽  
The One ◽  
New Applications ◽  
Technical People ◽  
The Internet Of Things

Purpose Internet of Things (IoT) as the new technological paradigm has found many applications in different domains. Nowadays, more than 30,000 records related to IoT research can be accessed in Scopus (Scopus.com). Health care is the one of domains which benefits from IoT. However, observations indicate that most active researchers in this area are technical people not health professionals. The purpose of this paper is to understand how health professionals can contribute to the IoT body of knowledge. Design/methodology/approach IoT professionals are asked to provide their views regarding research concerns, and the collected data are analyzed by phenomenography research methodology. Findings Findings indicate that health professionals can contribute through providing information, requirement or standards for developing IoT systems or devices. They can also introduce new applications or domains for which IoT is fit. Originality/value This paper tries to fill the gap concerning the lack of attention to undertaking IoT-related research from health professionals’ side and highlights ways that health professionals can contribute IoT body of knowledge.

“Captured by evils” – combating black money, corruption and money laundering in Bangladesh

2018 ◽  
Vol 21 (3) ◽  
pp. 264-289 ◽  
Author(s):  
S.M. Solaiman
Keyword(s):  
Money Laundering ◽  
National Economy ◽  
Subject Matter ◽  
Design Methodology ◽  
Social Implications ◽  
Original Research ◽  
Content Type ◽  
The Law ◽  
Practical Implications ◽  
Secondary Materials

Purpose The purpose of this paper is to demonstrate that the recurrent amnesties to black money holders (BMHs) in Bangladesh have not benefited the national economy, rather have increased corruption and money laundering, and that offering further opportunity to whiten back money as recommended by the Anti-Corruption Commission of Bangladesh will do more harm than good. Design/methodology/approach This research relies on both primary and secondary materials adopting an archival analysis of the existing literature. Findings The major findings include the following: the recurrent amnesties to BMHs have damaging impacts on corruption and money laundering in Bangladesh; the Anti-Corruption Commission of Bangladesh’s recommendation to provide further opportunity to legalise black money is flawed, ill thought-out and misjudgement of the futility of the amnesties offered to date; and the black money problem could be better addressed through using educational, preventive and punitive measures that have been specifically formulated in this paper. Research limitations/implications This research does not examine the flaws that may remain in the provisions of existing laws; rather it gives emphasis to the enforcement of the law in place. Legal flaws thus can be a subject matter of another endeavour. Practical implications As implications, it is expected that this research will encourage the concerned authorities in Bangladesh to stop offering amnesties to BMHs for good. Also, other countries facing a similar problem can learn from the experience of Bangladesh presented, and specific recommendations submitted, in this paper, in dealing with black money, corruption and money laundering. Social implications It is expected that if the recommendations furnished in this paper are implemented, corruption in, and money laundering from, Bangladesh will reduce. This reduction will facilitate ensuring fairness in the society in many respects, deter criminal activities associated with black money and enable honest taxpayers to buy their homes in a level-playing filed. Originality/value This paper presents original research in terms of analysis of materials and the recommendations submitted to deal with corruption, black money and money laundering.

scholarly journals Compensation for harm caused by nuclear installations: what’s the damage?

2018 ◽  
Vol 10 (1) ◽  
pp. 17-35
Author(s):  
Robert Lee ◽  
Radek Stech
Keyword(s):  
Design Methodology ◽  
Case Law ◽  
Personal Injury ◽  
Eu Law ◽  
Legal Research ◽  
Property Damage ◽  
Content Type ◽  
The Law ◽  
The Impact

Purpose This paper aims to explain the changes to the liability regime for nuclear installations before reviewing the traditional heads of damage under the 1965 Act. It argues that while there is some welcome clarification of what amounts to an “occurrence” in the purposes of the 1965 Act, disappointingly, little has been done to clarify how concepts of personal injury and property damage under the Act sit alongside traditional tort notions leaving the law highly dependent on earlier, but not always consistent, case law. The paper then goes on to consider the impact of the new categories of compensation, introduced by the Order, evaluating the extent to which these draw upon EU law structures for environmental impairment liability. Again, it questions whether this approach will achieve sufficient clarity and certainty. Design/methodology/approach This paper is a desk-based legal research. Findings This study is a discussion of statutory material and case law. Originality/value This paper is a first in-depth treatment of changes to liability principles in the Nuclear Installations Act 1965.

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