The Doctor-Lawyer Dilemma: A Problem of Mental Set (an examination of the doctor-lawyer interface in civil cases)

1981 ◽  
Vol 26 (8) ◽  
pp. 530-533 ◽  
Author(s):  
James Henderson

Clinical psychiatrists often try to avoid medicolegal collaboration because pragmatic difficulties and philosophical differences combine with a sense of diminishing return to make it seem an unproductive area of professional activity. There is a need for rapprochement in the working relationship of lawyers and physicians. In an attempt to facilitate such rapprochement several sources of potential conflict which currently exist are delineated. Differences in subject matter and in methodology are important. Differences in philosophy of practice contribute to a sense of strain and the very nature of the adversarial courtroom situation offends many physicians who fail to appreciate its potential virtues. Lawyers and physicians differ in their approaches to decision-making processes in ways that are mutually vexatious. Some suggestions are reiterated which, if more widely practised, could help us collaborate more effectively with our legal colleagues to the ultimate betterment of our patients and clients.

2018 ◽  
pp. 93-103
Author(s):  
Алексей Николаевич Рева ◽  
Шахин Шахвели-оглы Насиров ◽  
Бала Мушгюль-оглы Мирзоев

The human factor problem should be solved by identifying, qualifying and preventing the erroneous actions of the air traffic controllers. It is presented two schemes explaining the structure of human qualimetry factor and the interaction of the components of the ICAO safety concept, where the main emphasis is on an aviation personnel’ attitude to dangerous actions or conditions, which is revealed by the qualimetry of the decision-making processes’ characteristics: the attitude towards risk (the main dominants and fuzzy assessments), levels of claims, dangerous qualities and preferences systems. The preferences systems are considered as ordered characteristics and indicators of professional activity, which are subjectively compared with the positions of influence on flight safety. The spectrum of n = 21 characteristic errors was formed considering the recommendations of ICAO, EUROCONTROL and accident statistics. It is determined that procedures of collecting the information of errors danger contribute their recognition, memorization, and avoidance: controllers who passed the test according to the proposed method before training made by one third fewer errors in its process. Two criteria for assessing group preferences are realized: the level of consensus (known as Kendall’s coefficient of concordance) and the severity of the ranking, determined by the presence of "related" ranks, for which a special indicator is introduced. It is defined that this indicator should be determined both for the sample of respondents and for the preferences group systems of developed with the chosen method of individual opinions’ aggregation. It was performed the comparative analysis of complex decision-making strategies of effectiveness in the construction of a preferences group systems m = 65 controllers: sum and averaging of ranks, classical criteria (Wald's, Savage's and Laplace's criterion), optimal prediction, applying the non-parametric optimization of the preferences group systems. The non-parametric optimization of the group system of pre-readings was carried out by Kemeny median and it was proved that it was the closest to all the results obtained by other methods and strategies


2019 ◽  
Vol 31 (1) ◽  
pp. 159-180 ◽  
Author(s):  
Marcelle Holdaway

Purpose Social and environmental accountability by firms can be compromised by a lack of democracy within community engagement and decision-making processes. This is particularly evident in potential conflict situations such as with unconventional gas (UCG) extraction. Dialogic engagement sits within dialogic accounting theory and offers a potentially valuable contribution to democratisation. This study aims to contribute to dialogic engagement as practice through the application of critical futures theory and methodology, causal layered analysis (CLA). Design/methodology/approach CLA was applied in field research firstly in interviews and then in a workshop setting involving participants with diverse perspectives on UCG. The workshop was planned around activities designed to: implement dialogic engagement as practice, critically unpack views on the present and future of UCG and energy needs through CLA; and evaluate the usefulness of the methodology. Findings Findings suggest that CLA enables access to multiple, complex and nuanced perspectives and facilitates, a deeper understanding of participants own views and of other differing views in relation to UCG, 1) a deeper understanding of participants own views, and of other differing views in relation to UCG, 2) a deeper analysis in the identification of key themes in discussions around UCG, and, 3) the identification by participants of “preferred futures” and “uncertainties” concerning energy needs. Practical implications CLA is a valuable tool for undertaking genuine community engagement and has wide-ranging application, one example being with interviews and focus groups. Moreover, with the inclusion of diverse perspectives, options and solutions emerging for consideration are increased. This in turn provides opportunities for creative decision-making through scenario identification and strategic development that potentially give rise to transformative possibilities. Social implications CLA may well assist in moving firms, and indeed civil society, closer to reaching preferable social and environmental outcomes. Originality/value This cross-disciplinary research applies an innovative approach and methodology, taking democratic engagement to new depths.


Author(s):  
JOSEFINA ÁLVAREZ JUSTEL

RESUMEN En este estudio se analiza la relevancia que tienen las dimensiones cognitiva, emocional y social en el proceso de toma de decisiones en el alumnado de secundaria, concretamente en 4º de educación secundaria obligatoria (ESO) y 2º de bachillerato, la interrelación entre dichas dimensiones y su relación con el género, el nivel educativo y el tipo de centro. En el estudio participaron 494 alumnos/as, 288 de 4º de ESO y 206 de 2º de Bachillerato de cuatro centros de la provincia de Barcelona (2 públicos y 2 concertados). Para ello, se elaboró un cuestionario de toma de decisiones con tres subescalas que corresponden a las dimensiones cognitiva, emocional y social. Los resultados obtenidos confirman que en los procesos de toma de decisiones influyen, de forma significativa, las tres dimensiones con una relevancia muy similar. Igualmente se aprecia una fuerte interrelación entre las tres dimensiones, con correlaciones altamente significativas entre sí. El coeficiente más alto se produce entre las dimensiones cognitiva y emocional. Esto confirma que en la toma de decisiones tiene tanto peso la emoción como la cognición. Y en cuanto a la relación de estas dimensiones con las variables género y nivel educativo no se aprecian diferencias significativas, en cambio sí se producen diferencias significativas con la variable tipo de centro (público y concertado), concretamente en las dimensiones cognitiva y social. En los centros concertados las puntuaciones son ligeramente más altas. Los resultados ponen de manifiesto la necesidad de acompañar al alumnado de estos niveles educativos en el proceso de su toma de decisiones.ABSTRACT This study analyses the importance of the cognitive, emotional and social dimensions in the decision-making process in secondary school students, specifically in 4th year of compulsory secondary education (ESO) and 2nd year of Baccalaureate, the interrelation between these dimensions and how they are related to students’ gender, educational level and type of school. The study involved 494 students, 288 of 4th ESO and 206 of 2nd Baccalaureate (at 16 and 18 years old respectively) from four schools in the province of Barcelona (2 public and 2 concerted school). To do that, a decision-making questionnaire was developed with three subscales that correspond to the cognitive, emotional and social dimensions. The results obtained confirm that the three dimensions with a very similar relevance influence the decision-making processes significantly. Likewise, a strong interrelation between the three dimensions can be found, with highly significant correlations between them. The highest coefficient occurs between the cognitive and emotional dimensions. This confirms that emotion and cognition have as much weight in decision making. Regarding the relationship of these dimensions with the gender and educational level variables, there are no significant differences, however there are significant differences with the type of school variable (public and concerted school), specifically in the cognitive and social dimensions. In the concerted school the scores are slightly higher. The results show the need for guidance and support the students of these educational levels in the process of their decision making.


2007 ◽  
Vol 13 (6) ◽  
pp. 1047-1059 ◽  
Author(s):  
BARTON W. PALMER ◽  
GAURI N. SAVLA

Informed consent is key to ethical clinical research and treatment, but partially rests on the ability of individual patients or research participants to use disclosed information to make a meaningful choice. Although the construct of decisional capacity emerged from legal and philosophical traditions, several investigators have begun examining the relationship of specific neuropsychological abilities to decisional capacity. This line of research may foster development of better consent procedures, as well as aid in refining the construct of decisional capacity toward a form that better reflects the underlying neurocognitive processes. We conducted a systematic search of the published literature and thereby identified and reviewed 16 published reports of empirical studies that examined the relationship between specific neuropsychological abilities and capacity to consent to research or treatment. Significant relationships between neuropsychological scores and decisional capacity were present across all the reviewed studies. The degree to which specific neuropsychological abilities have particular relevance to decisional capacity remains uncertain, but the existing studies provide a solid basis for a priori hypotheses for future investigations. These ongoing efforts represent an important conceptual and empirical bridge between bioethical, legal, and neuropsychological approaches to understanding meaningful decision-making processes. (JINS, 2007, 13, 1047–1059.)


1999 ◽  
Vol 18 (2) ◽  
pp. 141-158 ◽  
Author(s):  
Naomi Fejgin ◽  
Ronit Hanegby

Teacher participation in school decision-making processes is considered one of the major components of school dynamics. It is not known, however, whether all teachers participate in the process to the same extent. This study examines whether teacher participation is related to school dynamics and to subject matter taught. In a 3-step sequential model, the relative contribution of background variables, school measures, school dynamics, and subject matter taught to teacher participation was estimated. Findings showed that school dynamics had the strongest effect on teacher participation, but the effect was not the same for all teachers. Physical educators participated in school decision-making processes less than did other teachers. Physical educators in dynamic schools reported a higher degree of participation than physical educators in non-dynamic schools but a lower degree of participation compared to other teachers in dynamic schools.


Mathematics ◽  
2021 ◽  
Vol 9 (23) ◽  
pp. 3142
Author(s):  
Mabruka Ali ◽  
Adem Kılıçman

Recently, using interval-valued fuzzy soft sets to rank alternatives has become an important research area in decision-making because it provides decision-makers with the best option in a vague and uncertain environment. The present study aims to give an extensive insight into decision-making processes relying on a preference relationship of interval-valued fuzzy soft sets. Firstly, interval-valued fuzzy soft preorderings and an interval-valued fuzzy soft equivalence are established based on the interval-valued fuzzy soft topology. Then, two crisp preordering sets, namely lower crisp and upper crisp preordering sets, are proposed. Next, a score function depending on comparison matrices is expressed in solving multi-group decision-making problems. Finally, a numerical example is given to illustrate the validity and efficacy of the proposed method.


Author(s):  
Анатолий Викторович Карпов ◽  
Наталия Викторовна Сидорова

Объектом исследования в данной работе выступили процессы принятия решения в деятельности управленческого типа. Цель исследования состояла в выявлении и интерпретации особенностей взаимосвязи эмоционального интеллекта и стилей принятия управленческих решений. Для решения поставленной цели использовался комплексный методологический подход, сочетающий два этапа организации, предполагающих его реализацию, соответственно, на аналитическом и структурном уровнях. Основной результат исследования состоит в установлении преимущественно негативного влияния эмоционального интеллекта на сравнительную эффективность предпочитаемых стилей принятия управленческих решений. Также установлено, что наряду со структурной детерминацией ЭИ оказывает значимое влияние на стилевые особенности процессов управленческих решений и на аналитическом уровне этой детерминации. Она представлена в ее триедином проявлении - как локальная, агрегативная и интегративная детерминация. The object of research in this work is decision-making processes in the sphere of management. The goal of the study was to identify and interpret the characteristics of revealed relationship between emotional intelligence and styles of decision-making processes. To solve this task, an integrated methodological approach was used that combines two stages of organization and involves its implementation both at the analytical and structural levels. The main result of the study lies in the fact that predominantly negative influence of emotional intelligence on the effectiveness of preferred styles of managerial decision-making processes was identified. Also it was found that along with structural determination, emotional intelligence has a significant impact on the style features of managerial decision making processes, as well at the analytical level of this determination. This determination is presented in its triune forms - local, aggregative and integrative ones.


Author(s):  
Jennifer M. Roche ◽  
Arkady Zgonnikov ◽  
Laura M. Morett

Purpose The purpose of the current study was to evaluate the social and cognitive underpinnings of miscommunication during an interactive listening task. Method An eye and computer mouse–tracking visual-world paradigm was used to investigate how a listener's cognitive effort (local and global) and decision-making processes were affected by a speaker's use of ambiguity that led to a miscommunication. Results Experiments 1 and 2 found that an environmental cue that made a miscommunication more or less salient impacted listener language processing effort (eye-tracking). Experiment 2 also indicated that listeners may develop different processing heuristics dependent upon the speaker's use of ambiguity that led to a miscommunication, exerting a significant impact on cognition and decision making. We also found that perspective-taking effort and decision-making complexity metrics (computer mouse tracking) predict language processing effort, indicating that instances of miscommunication produced cognitive consequences of indecision, thinking, and cognitive pull. Conclusion Together, these results indicate that listeners behave both reciprocally and adaptively when miscommunications occur, but the way they respond is largely dependent upon the type of ambiguity and how often it is produced by the speaker.


2015 ◽  
Vol 22 (1) ◽  
pp. 13-21 ◽  
Author(s):  
Erinn Finke ◽  
Kathryn Drager ◽  
Elizabeth C. Serpentine

Purpose The purpose of this investigation was to understand the decision-making processes used by parents of children with autism spectrum disorder (ASD) related to communication-based interventions. Method Qualitative interview methodology was used. Data were gathered through interviews. Each parent had a child with ASD who was at least four-years-old; lived with their child with ASD; had a child with ASD without functional speech for communication; and used at least two different communication interventions. Results Parents considered several sources of information for learning about interventions and provided various reasons to initiate and discontinue a communication intervention. Parents also discussed challenges introduced once opinions of the school individualized education program (IEP) team had to be considered. Conclusions Parents of children with ASD primarily use individual decision-making processes to select interventions. This discrepancy speaks to the need for parents and professionals to share a common “language” about interventions and the decision-making process.


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