Contextual Assessment of Retinal Injuries – Tasks of the Ophthalmological Expert

2020 ◽  
Vol 237 (09) ◽  
pp. 1045-1059
Author(s):  
Frank Tost ◽  
Andreas Stahl
Keyword(s):  
Civil Law ◽  
Retinal Disease ◽  
Individual Case ◽  
Dose Dependence ◽  
Accident Insurance ◽  
Social Law ◽  
Statutory Accident Insurance ◽  
Private Accident Insurance ◽  
Competing Causes ◽  
The Individual

AbstractThe ophthalmologic assessment of causal relationships is subject to formal guidelines, depending on the legal field (social law in the statutory accident insurance, civil law in the private accident insurance). After determining all objective and subjective findings of the individual case with complete recording of the medical facts, the ophthalmologist has the task of making a summarizing assessment of the existing cause-and-effect relationship. With regard to the distinction between retinal damage caused by an accident or retinal disease not caused by an accident, it is necessary to weigh up the natural causality according to the state of medical experience on the basis of the criteria strength of association, consistency, specificity, temporal sequence, dose dependence, agreement with previous findings, experimental reliability and analogous consideration. All records of medical findings from the patientʼs medical history and the individual description of the accident must be included in the expert opinion. In the case of several competing causes (often accident and pre-existing damage), the social law in the statutory accident insurance must present the causal contributions with roughly estimated probabilities. In civil law, valid for the private accident insurance, the existence of partial causality (approx. 25, 50, 75%) must be evaluated.

Shoulder Pain at Work: Causation Analysis

2017 ◽  
Vol 22 (1) ◽  
pp. 11-16
Author(s):  
Joel Weddington ◽  
Charles N. Brooks ◽  
Mark Melhorn ◽  
Christopher R. Brigham
Keyword(s):  
Epidemiological Data ◽  
Case Law ◽  
Individual Case ◽  
Shoulder Injury ◽  
Work Related ◽  
Clear Cut ◽  
The Individual ◽  
Causation Analysis ◽  
Injury Causation ◽  
Relevant Factors

Abstract In most cases of shoulder injury at work, causation analysis is not clear-cut and requires detailed, thoughtful, and time-consuming causation analysis; traditionally, physicians have approached this in a cursory manner, often presenting their findings as an opinion. An established method of causation analysis using six steps is outlined in the American College of Occupational and Environmental Medicine Guidelines and in the AMA Guides to the Evaluation of Disease and Injury Causation, Second Edition, as follows: 1) collect evidence of disease; 2) collect epidemiological data; 3) collect evidence of exposure; 4) collect other relevant factors; 5) evaluate the validity of the evidence; and 6) write a report with evaluation and conclusions. Evaluators also should recognize that thresholds for causation vary by state and are based on specific statutes or case law. Three cases illustrate evidence-based causation analysis using the six steps and illustrate how examiners can form well-founded opinions about whether a given condition is work related, nonoccupational, or some combination of these. An evaluator's causal conclusions should be rational, should be consistent with the facts of the individual case and medical literature, and should cite pertinent references. The opinion should be stated “to a reasonable degree of medical probability,” on a “more-probable-than-not” basis, or using a suitable phrase that meets the legal threshold in the applicable jurisdiction.

Judicial Lawmaking, Discourse Theory, and the ICTY on Belligerent Reprisals

2011 ◽  
Vol 12 (5) ◽  
pp. 1261-1278 ◽  
Author(s):  
Milan Kuhli ◽  
Klaus Günther
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Individual Case ◽  
Criminal Court ◽  
Discourse Theory ◽  
Criminal Courts ◽  
Normative Expectations ◽  
Judicial Lawmaking ◽  
The Individual

Without presenting a full definition, it can be said that the notion of judicial lawmaking implies the idea that courts create normative expectations beyond the individual case. That is, our question is whether courts' normative declarations have an effect which is abstract and general. Our purpose here is to ask about judicial lawmaking in this sense with respect to international criminal courts and tribunals. In particular, we will focus on the International Criminal Tribunal for the Former Yugoslavia (ICTY). No other international criminal court or tribunal has issued so many judgments as the ICTY, so it seems a particularly useful focus for examining the creation of normative expectations.

Assessing the validity of NART-estimated premorbid IQs in the individual case

1990 ◽  
Vol 29 (4) ◽  
pp. 435-436 ◽  
Author(s):  
J. R. Crawford ◽  
K. M. Allan ◽  
R. H. B. Cochrane ◽  
D. M. Parker
Keyword(s):  
Individual Case ◽  
The Individual

Changing Beliefs About Emotions in IBS: A Single Case Design

2018 ◽  
Vol 47 (3) ◽  
pp. 303-317
Author(s):  
H.M. Bowers ◽  
A.L. Wroe
Keyword(s):  
Single Case ◽  
Individual Case ◽  
Single Case Design ◽  
Emotional Suppression ◽  
Cognitive Behavioural ◽  
Scale Scores ◽  
Irritable Bowel ◽  
The Individual ◽  
Beliefs About Emotions

Background: Previous research suggests benefits of targeting beliefs about the unacceptability of emotions in treatment for irritable bowel syndrome (IBS). Aims: The current study developed and tested an intervention focusing on beliefs and behaviours around emotional expression. Method: Four participants with IBS attended five group sessions using cognitive behavioural techniques focusing on beliefs about the unacceptability of expressing emotions. Bi-weekly questionnaires were completed and a group interview was conducted. This study used an AB design with four participants. Results: Averages indicate that participants showed decreases in beliefs about unacceptability of emotions and emotional suppression during the intervention, although this was not reflected in any of the individual trends in Beliefs about Emotions Scale scores and was significant in only one individual case for Courtauld Emotional Control Scale scores. Affective distress and quality of life improved during follow-up, with only one participant not improving with regard to distress. Qualitative data suggest that participants felt that the intervention was beneficial, referencing the value in sharing their emotions. Conclusions: This study suggests the potential for beliefs about emotions and emotional suppression to be addressed in cognitive behavioural interventions in IBS. That beliefs and behaviours improved before outcomes suggests they may be important processes to investigate in treatment for IBS.

scholarly journals Non-Delimitation of Incompetency Denotations in Jurisprudence and Law and the Contradiction of some of its Titles to the Law on Non-Litigious Matters

2019 ◽  
Author(s):  
Sorush Niknamian
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Civil Procedure ◽  
Legal Capacity ◽  
The Law ◽  
The Individual ◽  
The Mind

“Incompetency” literally means prohibition and it is commonly used to point to an individual being deprived of his rights to take possession of his properties and his financial rights by the law. And, in other words, the incompetents are the individuals that do not possess “the legal capacity to enjoy a certain right” and are deprived from taking possession of their properties and if such a taking possession of the properties by an incompetent occurs, it is invalid and cannot take effect. In the legal system of Islam, the individual with a sort of a disease that features certain types of conditions leading to the weakness of the mind or insanity is called an incompetent. But the example cases of the incompetent and incompetency have not been delimited in the jurisprudence and law. Thus, the investigation of the instruments of incompetency from the perspective of the jurisprudential texts and the statutory provisions via offering an assumption indicating the non-delimitation of the incompetency instruments scope has resulted in conflicts in the non-litigious affairs law with the civil procedure, the necessity to rethink the causes of insanity as one instrument of incompetency in the civil law, the centrality of the incompetency for its setting the ground for the exertion of the law and the non-litigious affairs regulations as well as the incompetency of some patients with nervous diseases like hysterical conversion and dissociative hysteria and so forth. Therefore, conceptualizing the incompetency, the present study aims at assessing, then criticizing and investigating, the proofs offered by the proponents and the opponents of the incompetency of the patients with hysteria so as to consequently conclude an assumption regarding the hysteric patients’ incompetency and the relevant contradictions, if any, with the non-litigious matters law and civil procedure.

scholarly journals Judicial Discretion in Sentencing: A Justice System that is No Longer Just?

2021 ◽  
Author(s):  
◽  
Sean J. Mallett
Keyword(s):  
New Zealand ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Individual Case ◽  
Regional Disparity ◽  
Judicial Discretion ◽  
The Individual ◽  
Synthesis Approach

<p>One of the fundamental principles of the criminal law is consistency: like offenders must be treated alike. However, research has shown that when it comes to sentencing in New Zealand there is in fact substantial regional disparity in the penalty imposed on similarly situated offenders. The situation is unacceptable, and undermines the integrity of the criminal justice system. This paper will explore three different mechanisms for guiding judicial discretion in the pursuit of sentencing consistency. It will undertake an analysis of mandatory sentences and the ‘instinctive synthesis’ approach, both of which will be shown to be unsatisfactory. Instead, the paper will argue that the establishment of a Sentencing Council with a mandate to draft presumptively binding guidelines is the most appropriate way forward for New Zealand. This option finds the correct equilibrium between giving a judge sufficient discretion to tailor a sentence that is appropriate in the circumstances of the individual case, yet limiting discretion enough to achieve consistency between cases.</p>

Aids Alarm: A Case Study

1988 ◽  
Vol 33 (5) ◽  
pp. 409-411 ◽  
Author(s):  
Janette Mcmillan ◽  
Joseph Noone ◽  
Tom Tombaugh
Keyword(s):  
Immune Deficiency Syndrome ◽  
Individual Case ◽  
Deficiency Syndrome ◽  
Optimal Intervention ◽  
History Of ◽  
The Individual ◽  
Acquired Immune Deficiency ◽  
Delusional Belief ◽  
Dynamic Interplay

Acquired Immune Deficiency Syndrome (AIDS) has made a wide impact not limited to those persons who have or are likely to contact it. A case history of a man with a near-delusional belief he had AIDS is presented to exemplify the individual issues that concern about AIDS may raise. Thorough exploration of the dynamic interplay of biological, psychological and social factors is recommended in each case before reassurance may be effective. Psychiatric consultation should assist in developing optimal intervention in each individual case.

Wind farm cooperative control for optimal power generation

2018 ◽  
Vol 42 (6) ◽  
pp. 547-560 ◽  
Author(s):  
Fa Wang ◽  
Mario Garcia-Sanz
Keyword(s):  
Power Generation ◽  
Wind Turbines ◽  
Cooperative Control ◽  
Wind Farm ◽  
Wind Farms ◽  
Practical Method ◽  
Individual Case ◽  
Power Coefficient ◽  
The Individual ◽  
Large Wind

The power generation of a wind farm depends on the efficiency of the individual wind turbines of the farm. In large wind farms, wind turbines usually affect each other aerodynamically at some specific wind directions. Previous studies suggest that a way to maximize the power generation of these wind farms is to reduce the generation of the first rows wind turbines to allow the next rows to generate more power (coordinated case). Yet, other studies indicate that the maximum generation of the wind farm is reached when every wind turbine works at its individual maximum power coefficient CPmax (individual case). This article studies this paradigm and proposes a practical method to evaluate when the wind farm needs to be controlled according to the individual or the coordinated case. The discussion is based on basic principles, numerical computations, and wind tunnel experiments.

Decomposing the Critical Components of Flash Drought Using the Standardized Evaporative Stress Ratio

2021 ◽  
Author(s):  
Jeffrey Basara ◽  
Stuart Edris ◽  
Jordan Christian ◽  
Bradley Illston ◽  
Eric Hunt ◽  
...  
Keyword(s):  
Rocky Mountains ◽  
Stress Ratio ◽  
Individual Case ◽  
The United States ◽  
Rapid Intensification ◽  
The North ◽  
Spatial Coverage ◽  
Regional Reanalysis ◽  
Critical Components ◽  
The Individual

&lt;p&gt;Flash droughts occur rapidly (~1 month timescale) and have produced significant ecological, agricultural, and socioeconomical impacts. Recent advances in our understanding of flash droughts have resulted in methods to identify and quantify flash drought events and overall occurrence. However, while it is generally understood that flash drought consists of two critical components including (1) anomalous, rapid intensification and (2) the subsequent occurrence of drought, little work has been done to quantify the spatial and temporal occurrence of the individual components, their frequency of covariability, and null events. Thus, this study utilized the standardized evaporative stress ratio (SESR) method of flash drought identification applied to the North American Regional Reanalysis NARR) to quantify individual components of flash drought from 1979 &amp;#8211; 2019. Individual case studies were examined and the the drought component was assessed using the United States Drought Monitor for 2010 &amp;#8211; 2019.&amp;#160; &amp;#160;Additionally, the flash component was assessed using results of previous flash drought studies. Further, the correlation coefficient and composite mean difference was calculated between the flash component and flash droughts identified to determine what regions, if any, experienced rapid intensification but did not fall into flash drought. The results yielded that SESR was able to represent the spatial coverage of drought well for regions east of the Rocky Mountains, with mixed success regarding the intensity of the drought events. The flash component tended to agree well with other flash drought studies though some differences existed especially for areas west of the Rocky Mountains which experience rapid intensification at high frequencies but did not achieve drought designations due to hyper-aridity.&lt;/p&gt;

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