scholarly journals Does implicit healthcare rationing impose an unfair legal burden on doctors? A study of Portuguese jurisprudence

2020 ◽  
Vol 20 (1) ◽  
pp. 31-57
Author(s):  
Eva Dias Costa ◽  
Micaela Pinho

Healthcare rationing is inevitable, never more so than during the COVID-19 pandemic. In Portugal, rationing is largely implicit and relies too much on bedside decisions, made in stressful circumstances, involving ethical dilemmas and being prone to error. This study uses a qualitative approach by exploring the public records of Portuguese courts for malpractice suits between the years of 2008 and 2019 to ascertain whether the damage suffered by patients in these cases could in any part be attributed to a lack of resources. During this research, we found that a large number of lawsuits against doctors and hospitals might have in fact been the unfortunate result of the constraints of implicit prioritization. We concluded that lawyers and judges must be made aware of the impact of implicit rationing decisions on healthcare professionals, who are judged against a professional standard and an inverse onus rule that places on them a heavy burden of proof.

2019 ◽  
Vol 19 (1) ◽  
pp. 51-62
Author(s):  
Nadhillah Kusindriani ◽  
Martha Tri Lestari

Ustadz Evie Effendi was a public figure who is known by the public as a modern ustadz that use the Sundanese language when do Da’wah. The perceptions given by the society particularly of ustadz Evie Effendi Da'wah pilgrims are positive until ultimately ustadz Evie exposed "misinterpretation" case in August 2018 when he misinterpreted a verse in the Sura in the Quran. The occurrence of a case of "misinterpretation" had a significant impact for ustadz Evie Effendi, one of them is a lot of pilgrims from ustadz Evie Effendi in Bandung which is no longer a loyal following lectures activities conducted by him. The existence of the impact that occurs from the "misinterpretation" case encourages researchers to see how the changes in perception that occurred in ustadz Evie Effendi Da'wah worshipers in Bandung. This study used a qualitative approach through the case study method uses the concept of Yin (2015). The results of this research show that changes in perception that occurred in Ustadz Evie Effendi Da'wah worshipers in Bandung is different for adult ages (40 – 50 years) and adolescents (20 years) as well as temporary caused culture society Indonesia which is permissive.Ustadz Evie Effendi merupakan seorang publik figur yang dikenal oleh masyarakat sebagai ustadz kekinian yang menggunakan bahasa Sunda ketika ceramah. Persepsi yang diberikan masyarakat khususnya jamaah dakwah ustadz Evie Effendi positif sampai pada akhirnya ustadz Evie terkena kasus “salah tafsir” pada bulan Agustus 2018 ketika ia salah menfasirkan ayat dalam suatu surat di Al-Quran. Terjadinya kasus “salah tafsir” memberikan dampak yang cukup besar bagi ustadz Evie Effendi salah satunya adalah banyak dari jamaah dakwah ustadz Evie Effendi di Kota Bandung yang tidak lagi setia mengikuti kegiatan ceramah yang dilakukan ustadz Evie Effendi. Adanya dampak yang terjadi dari kasus “salah tafsir” mendorong peneliti untuk melihat bagaimana perubahan persepsi yang terjadi pada jamaah dakwah ustadz Evie Effendi di Kota Bandung. Penelitian ini menggunakan pendekatan kualitatif melalui metode studi kasus menggunakan konsep Yin (2015). Hasil penelitian ini menunjukkan bahwa perubahan persepsi yang terjadi pada jamaah dakwah ustadz Evie Effendi di Kota Bandung berbeda untuk kalangan usia dewasa (40 – 50 tahun) dan remaja (20 tahun) serta bersifat sementara yang disebabkan kultur masyarakat Indonesia yang permisif.


2020 ◽  
Vol 34 (6) ◽  
pp. 985-1003
Author(s):  
Tracey L Adams

Given their positions of public trust, regulated professions are legally required to uphold ethical standards, and ensure that professional practice protects the public. Nonetheless, there is ample evidence that professionals do not always behave ethically. One proposed solution is greater organizational surveillance; however, research from a neo-Weberian perspective encourages scepticism about such arguments. Organizations may not only fail to stop professionals from violating ethical codes, but rationalizing organizations might actively encourage such violations in the name of efficiency. This article explores the impact of organizations and rationalization on professional misconduct through a mixed-methods study of professional engineers in Ontario, Canada. Findings suggest engineers are impacted by rationalization, and that those with less decision-making authority experience pressures discouraging practice in the public interest.


1985 ◽  
Vol 11 (3) ◽  
pp. 169-182 ◽  
Author(s):  
Scott Newton

Most commentators on the 1949 sterling crisis have viewed it as an episode with implications merely for the management of the British economy. This paper, based on the public records now available, discusses the impact of the crisis on British economic foreign policy. In particular it suggests that the crisis revealed deep Anglo-American differences, centring on the nature of the Marshall Plan, on the international value of the sterling area, and on the proper relationship between the United Kingdom and Western Europe, Ultimately the British succeeded in resolving these disagreements: but this triumph ironically implied both the defeat of British aims in post-war European reconstruction and a long term delusion that great power status could be maintained on the basis of a special relationship-with the United States.


SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 99-110
Author(s):  
Boban Misoski

Abstract Bearing on mind the idea of the proverb “Justice Delayed is Justice Denied” Macedonian Legislator within the new Code of Criminal Procedure (CPC) has introduced several legal mechanisms for accelerating the criminal procedure. The most important instruments among them, by all means, are the Guilty Plea and Sentence Bargaining. In this article, the author elaborates the practical implementation of these CPC’s provisions and performs analysis of its implementation by the Basic Court Skopje 1 in Skopje, as the biggest and most caseload-burdened court in Macedonia, and by the Public Prosecution Office in Skopje. The analysis discovered several weak points, which should be properly addressed, both through theoretical scrutiny and through introduction of amendments to the CPC or through production of a general opinion by the Supreme Court. Only through these amendments to the legal provisions of the CPC can be expected to have improved court practice in a manner which would accentuate the real/just benefits of these instruments for accelerating of the criminal procedure. Several conclusions and suggestions for improvement or specific issues, which were determined as problematic were developed, such as: tackling the impact of a guilty plea by one of the codefendants to the other codefendants who did not plead guilty; treatment of the altered statement by one of the codefendants during the plea agreement and its use against the other codefendant; and the burden of proof and amount of evidence which is necessary to support the sentence bargaining process.


2008 ◽  
Vol 49 (1) ◽  
pp. 111-135 ◽  
Author(s):  
CHIBUIKE UCHE

ABSTRACTUsing newly available evidence, mainly from the Public Records Office (now the National Archive) in London, this article attempts to unravel the true extent of the role that British oil interests played in the decision of the British government to insist on a ‘One Nigeria’ solution in the Nigeria/Biafra conflict. While the official position of the British government was that its main interest in the Nigeria conflict was to prevent the break-up of the country along tribal lines, the true position was more complex. Evidence in this paper suggests that British oil interests played a much more important role in the determination of the British attitude to the war than is usually conceded. Specifically, Britain was interested in protecting the investments of Shell-BP in Nigerian oil. Furthermore, Britain was also at the time desperate to keep Nigerian oil flowing in order to mitigate the impact of its domestic oil shortfalls caused by the Middle East Six Day War. Supporting a ‘One Nigeria’ solution was considered its safest bet in order to achieve the above objectives.


2020 ◽  
Author(s):  
Olivia Lounsbury ◽  
Lily Roberts ◽  
Jonathan R Goodman ◽  
Pip Batey ◽  
Lenny Naar ◽  
...  

BACKGROUND Evidence suggests that healthcare data sharing may strengthen care coordination, improve quality and safety, and reduce costs. However, in order to achieve efficient, meaningful adoption of healthcare data sharing initiatives, it is necessary to engage all stakeholders, from healthcare professionals to patients. Although previous work has assessed healthcare professionals’ perceptions of data sharing, the general public perspectives and particularly seldom heard groups, have yet to be fully assessed. OBJECTIVE This study aims to explore public views, particularly their hopes and concerns, around healthcare data sharing. METHODS An original, immersive public engagement interactive experience was developed - “The Can of Worms” installation - in which participants were prompted to reflect about data sharing through listening to individual stories around healthcare data sharing. A multidisciplinary team with expertise in research, public involvement and human-centered design developed the concept. The installation took place in three separate events, between Nov 2018 and Nov 2019. A combination of convenience and snowballing sampling was used. Participants were asked to fill self-administered feedback cards, and to describe their hopes and fears about the meaningful use of data in healthcare. The transcripts were compiled verbatim and systematically reviewed by four independent reviewers using the thematic analysis method to identify emerging themes. RESULTS Our approach exemplifies the potential of using interdisciplinary expertise in research, public involvement and human-centered design, to tell stories, collect perspectives, and spark conversation around complex topics in participatory digital medicine. A total of 352 qualitative feedback cards were collected, each reflecting participants’ ‘hopes’ and ‘fears’ for healthcare data sharing. Thematic analyses identified six themes under ‘hopes’: (1) enablement of personal access and ownership, (2) increased interoperability and collaboration, (3) generation of evidence for better and safer care, (4) improved timeliness and efficiency, (5) delivery of more personalised care, and (6) equality. The five main ‘fears’ identified included (1) inadequate security and exploitation, (2) data inaccuracy, (3) distrust , (4) discrimination and inequality, and (5) less patient-centred care. CONCLUSIONS This work sheds new light on the main hopes and fears from the public in what concerns healthcare data sharing. Importantly, our results highlight novel concerns from the public, in particular in what concerns the impact on health disparities, both at international and local level and on delivering patient-centred care. Incorporating the knowledge generated and focusing on co-designing solutions to tackle these concerns is critical to engage the public as active contributors and to fully leverage the potential of healthcare data use. CLINICALTRIAL Not applicable


2020 ◽  
Vol 1 (2) ◽  
Author(s):  
Mirnawati A. Mauludu

ABSTRACTThis research aims to study the impact of physical distancing on the youth's social abilities. This research using a qualitative approach by observation, interviews, and documentation to data collects. This study involved those who participated in youth organizations (PMRD) in Sindulang Satu Lingkungan I Village, Tuminting District, Manado City. The results show that the physical distancing on the youth's social abilities is that they do not get obstacles to communicating and educating the public regarding Covid-19 by utilizing social media. In terms of social interaction, there is still a lack of youth interest in participating in youth organizations (PRMD), whether there is physical distancing or not. Regarding youth socialization (PRMD), it has an active role in minimizing the spread of Covid-19 by distributing free masks to the public and collaborating with the Ansor Youth to spray disinfectant liquid in the Darussalam Sindulang I Mosque environment.Keywords: Impact, Physical Distancing, Covid-19, Social Ability, Youth. ABSTRAKPenelitian ini bertujuan untuk mengetahui dampak physical distancing terhadap kemampuan sosial pemuda. Penelitian ini menggunakan pendekatan kualitatif dengan melakukan observasi, wawancara dan dokumentasi. Penelitian ini melibatkan pemuda yang ikut serta dalam organisasi kepemudaan (PMRD) di Kelurahan Sindulang Satu Lingkungan I Kecamatan Tuminting Kota Manado. Hasil dari penelitian ini menunjukkan bahwa physical distancing tidak menghalangi kemampuan sosial pemuda di Kelurahan Sindulang Satu Lingkungan I Kecamatan Tuminting Kota Manado untuk berkomunikasi dan mengedukasi masyarakat terkait Covid-19 dengan memanfaatkan media sosial. Dalam hal interaksi sosial masih kurangnya minat pemuda untuk ikut serta dalam organisasi kepemudaan (PRMD) baik ada atau tidaknya pemberlakuan physical distancing. Terkait dengan sosialisasi pemuda (PRMD) sangat berperan aktif dalam meminimalisir penyebaran Covid-19 dengan membagikan masker gratis kepada masyarakat dan bekerjasama dengan Pemuda Ansor untuk penyemprotan cairan desinfektan di lingkungan Masjid Darussalam Sindulang I.Kata Kunci: Dampak, Physical Distancing, Covid-19, Kemampuan Sosial, Pemuda.


2020 ◽  
Vol 20 (01) ◽  
pp. 54-67
Author(s):  
FITRIA PITRI FITRIA

Abstract This study aims to describe the views of the public towards Social Vulnerable Women (SVW) related to norms, ethics, and environmental aesthetics, orientation and patterns of education dissemination in the SVW family, as well as the impact of implementing education on reproductive prostitution for SVW children. This research was conducted using a qualitative approach. The subjects used in this study were four SVW families consisting of children who went to school and did not attend school as well as mothers who worked as SVW, residents living in the Prumpung area. The results of this study show that as migrants who worked as SVW in Prumpung, they were maintaining their behavior with local residents. Although the work they do is contrary to norms, ethics, and environmental aesthetics. As SVW all their lives, they want to get out of that dark life. Second, people's views on SVW's social behavior in Prumpung are related to the norms, ethics and environmental aesthetics of Prumpung. The community around the beginning did not like the presence of the SVW, but over time the people or natives finally accepted their existence. This is evidenced by the establishment of rented houses, restaurants and taxibike services to service SVW. Third, the factors that support SVW's social behavior related to norms, ethics and environmental aesthetics include increasing economic needs and the lack of education they have.


2006 ◽  
Vol 18 (1) ◽  
pp. 103-116 ◽  
Author(s):  
Dawn W. Massey ◽  
Linda Thorne

This study investigates whether task information feedback (TIF) promotes 84 auditors' and accounting students' use of higher ethical reasoning, thereby increasing their tendency to consider the public interest in the resolution of ethical dilemmas. TIF is a type of feedback in which subjects are provided with guidance about the cognitive decision-making process they should use. In our experiment, subjects used higher ethical reasoning to resolve audit dilemmas after receiving TIF than they did before receiving TIF. Accordingly, our findings suggest that TIF is effective in promoting higher ethical reasoning and thus increasing the tendency of practicing and aspiring auditors to consider the public interest when resolving ethical dilemmas.


2019 ◽  
Vol 37 (2) ◽  
Author(s):  
Cristina García Vivar ◽  
Virginia La Rosa Salas ◽  
Marta Domingo Oslé

Abstract:Current cancer treatments, along with more effective prevention measures, are producing increased cancer survival globally;(1) becoming – in many cases – a chronic disease.(2) Care of patients and families, living with a chronic disease, like cancer, constitutes one of the principal challenges for most health systems because they represent a heavy burden in terms of morbidity and mortality and carry a high percentage of the public expenditure in health.(3) Above all, the impact of cancer entails suffering and represents an important limitation in the quality of life, productivity, and functional state of the sick individuals and those living with them, that is, their family. More so, with evidence of the progressive increase of the number of older people with cancer, who are more prone to having comorbidities and other problems associated with their age, like dementia, depression, cerebrovascular accident, and diabetes.(4)


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