Death caused by negligent medical care: Reconsidering the role of gross negligence manslaughter in the aftermath of Bawa-Garba

2021 ◽  
pp. 096853322199283
Author(s):  
Ash Samanta ◽  
Jo Samanta

Gross negligence manslaughter is a well-established common law offence in English jurisdiction. Nevertheless, it remains a troubled area of law. Academic commentators, as well as the Law Commission, have frequently called for reform. We explore this offence through the prism of medical manslaughter and argue that the offence is insufficiently nuanced in certain situations of death caused by gross negligence. This applies particularly to complex professional circumstances where a coalescence of inter-linking factors may converge with disastrous results for the parties concerned. Using the clinical care model as an exemplar, we argue that relentless focus on the offender can result in a disproportionately high level of blame being foisted on an individual. On the basis of decision theory, we suggest that insufficient regard may be given to confounding contextual matters. Failure to address underlying systemic factors may impede wider patient safety initiatives such as professional medical candour and strategies designed for institutional improvements directed at broader societal benefit. We offer an alternative approach based upon principles of fair attribution of blame and transparency. A new statutory offence is suggested for a fault-based standard that is set by law that gives greater prominence to contextual matters. We argue for wider disposal options that include ancillary court orders for rectification of systems failures and more proactive engagement of the coronial process.

2011 ◽  
Vol 25 (6) ◽  
Author(s):  
Minna Yu

<p class="MsoNormal" style="text-justify: inter-ideograph; text-align: justify; margin: 0in 0.5in 0pt; mso-pagination: none; tab-stops: 110.2pt;"><span style="color: black; font-size: 10pt;"><span style="font-family: Times New Roman;">This paper considers analyst following as a substitute way of disciplining companies and examines the joint impact of corporate governance and analyst following on valuation in an emerging-market setting.<strong style="mso-bidi-font-weight: normal;"><span style="mso-bidi-font-style: italic;"> </span></strong>I find that the interaction of analyst following and corporate governance on valuation is not significant for my whole sample. Breaking down the sample to common law versus code law countries indicates that, only for common law countries, <span style="mso-bidi-font-style: italic;">the positive relation between the quality of corporate governance and valuation is weaker for companies with greater analyst following than for companies with lower analyst following.<strong style="mso-bidi-font-weight: normal;"> </strong>This paper joins the stream of research on the monitoring role of financial analysts.</span></span><a name="OLE_LINK2"></a><a name="OLE_LINK1"><span style="mso-bookmark: OLE_LINK2;"><span style="font-family: Times New Roman;"> </span></span></a><span style="font-family: Times New Roman;"><span style="mso-bidi-font-style: italic;">It extends</span> Lang et al. (2004) by examining t<span style="mso-bidi-font-style: italic;">he joint impact of analyst following and corporate governance on valuation with a proxy of overall corporate governance quality. In addition, the finding from this paper suggests that analyst&rsquo;s governance role is more pronounced in common law countries of emerging markets where </span>analyst service is in greater need.<strong style="mso-bidi-font-weight: normal;"><span style="mso-bidi-font-style: italic;"> </span></strong><span style="mso-bidi-font-style: italic;">The results have implications for investors, analysts and managers in the common law countries of emerging markets that firms with weak corporate governance benefit more from having a high level of analyst following in terms of market valuation. <strong style="mso-bidi-font-weight: normal;"></strong></span></span></span></p>


2020 ◽  
Vol 29 (4) ◽  
pp. 738-761
Author(s):  
Tess K. Koerner ◽  
Melissa A. Papesh ◽  
Frederick J. Gallun

Purpose A questionnaire survey was conducted to collect information from clinical audiologists about rehabilitation options for adult patients who report significant auditory difficulties despite having normal or near-normal hearing sensitivity. This work aimed to provide more information about what audiologists are currently doing in the clinic to manage auditory difficulties in this patient population and their views on the efficacy of recommended rehabilitation methods. Method A questionnaire survey containing multiple-choice and open-ended questions was developed and disseminated online. Invitations to participate were delivered via e-mail listservs and through business cards provided at annual audiology conferences. All responses were anonymous at the time of data collection. Results Responses were collected from 209 participants. The majority of participants reported seeing at least one normal-hearing patient per month who reported significant communication difficulties. However, few respondents indicated that their location had specific protocols for the treatment of these patients. Counseling was reported as the most frequent rehabilitation method, but results revealed that audiologists across various work settings are also successfully starting to fit patients with mild-gain hearing aids. Responses indicated that patient compliance with computer-based auditory training methods was regarded as low, with patients generally preferring device-based rehabilitation options. Conclusions Results from this questionnaire survey strongly suggest that audiologists frequently see normal-hearing patients who report auditory difficulties, but that few clinicians are equipped with established protocols for diagnosis and management. While many feel that mild-gain hearing aids provide considerable benefit for these patients, very little research has been conducted to date to support the use of hearing aids or other rehabilitation options for this unique patient population. This study reveals the critical need for additional research to establish evidence-based practice guidelines that will empower clinicians to provide a high level of clinical care and effective rehabilitation strategies to these patients.


2017 ◽  
Vol 14 (1) ◽  
pp. 101-112 ◽  
Author(s):  
Melissa Kelly

This article uses the concepts of ‘transnational social fields’ and ‘habitus’ to explore the multifaceted role families play in shaping the aspirations of onward migrating youth. The article draws on biographical life history interviews conducted with the children of Iranian migrants who were raised in Sweden but moved to London, UK as adults. The findings of the study suggest that from a young age, all the participants were pressured by their parents to perform well academically, and to achieve high level careers. These goals were easier to achieve in London than in Sweden for several reasons. Interestingly, however, participants’ understandings of what constituted success and their motivations for onward migration were nuanced and varied considerably by gender. The study contributes to an understanding of the role of multi-sited transnational social fields in shaping the aspirations of migrant youths, as well as the strategies taken up by these migrants to achieve their goals.


2016 ◽  
Vol 20 (3) ◽  
pp. 326-337
Author(s):  
Steve Hedley

In this article, Professor Steve Hedley offers a Common Law response to he recently published arguments of Professor Nils Jansen on the German law of unjustified enrichment (as to which, see Jansen, “Farewell to Unjustified Enrichment” (2016) 20 EdinLR 123). The author takes the view that Jansen's paper provided a welcome opportunity to reconsider not merely what unjust enrichment can logically be, but what it is for. He argues that unjust enrichment talk contributes little of value, and that the supposedly logical process of stating it at a high level of abstraction, and then seeking to deduce the law from that abstraction, merely distracts lawyers from the equities of the cases they consider.


2018 ◽  
Vol 9 (01) ◽  
Author(s):  
Parul Gill ◽  
Poonam Malik ◽  
Pankaj Gill

The present study was undertaken to explore the decision making patterns of college girls in relation to clothing and their satisfaction level with these decision making patterns. Thirty under graduate college girls from Panipat city were approached to record their responses regarding decision making in relation to clothing and satisfaction level through a well structured questionnaire. It was found that most of the girls (56.66%) themselves made the decisions about the type of garment (Indian, western or both) they wear and majority of girls (70%) were highly satisfied with this decision making. Parents performed the role of buyers for their college going daughters' garments in most of the cases (63.33%) and the 73.33% girls had high level of satisfaction with this. In most of the cases (60%) the decision about the garment design was made by the girls themselves and they were highly satisfied with it. Keywords: clothing, college, girls, decision making.


2020 ◽  
Author(s):  
Meghan Siritzky ◽  
David M Condon ◽  
Sara J Weston

The current study utilizes the current COVID-19 pandemic to highlight the importance of accounting for the influence of external political and economic factors in personality public-health research. We investigated the extent to which systemic factors modify the relationship between personality and pandemic response. Results shed doubt on the cross-cultural generalizability of common big-five factor models. Individual differences only predicted government compliance in autocratic countries and in countries with income inequality. Personality was only predictive of mental health outcomes under conditions of state fragility and autocracy. Finally, there was little evidence that the big five traits were associated with preventive behaviors. Our ability to use individual differences to understand policy-relevant outcomes changes based on environmental factors and must be assessed on a trait-by-trait basis, thus supporting the inclusion of systemic political and economic factors in individual differences models.


2018 ◽  
Vol 68 (suppl 1) ◽  
pp. bjgp18X696713
Author(s):  
David Seamark ◽  
Deborah Davidson ◽  
Helen Tucker ◽  
Angela Ellis-Paine ◽  
Jon Glasby

BackgroundIn 2000 20% of UK GPs had admitting rights to community hospitals. In subsequent years the number of GPs engaged in community hospital clinical care has decreased.AimWhat models of medical care exist in English community hospitals today and what factors are driving changes?MethodInterviews with community hospital clinical staff conducted as part of a multimethod study of the community value of community hospitals.ResultsSeventeen interviews were conducted and two different models of medical care observed: GP led and Trust employed doctors. Factors driving changes were GP workload and recruitment challenges; increased medical acuity of patients admitted; fewer local patients being admitted; frustration over the move from ‘step-up’ care from the local community to ‘step-down’ care from acute hospitals; increased burden of GP medical support; inadequate remuneration; and GP admission rights removed due to bed closures or GP practices withdrawing from community hospital work.ConclusionMultiple factors have driven changes in the role of GP community hospital clinicians with a consequent loss of GP generalist skills in the community hospital setting. The NHS needs to develop a focused strategy if GPs are to remain engaged with community hospital care.


Author(s):  
D.R. Zhantiev

Аннотация В статье рассматривается роль и место Сирии (включая Ливан и Палестину) в системе османских владений на протяжении нескольких веков от османского завоевания до периода правления султана Абдул-Хамида II. В течение четырех столетий османского владычества территория исторической Сирии (Билад аш-Шам) была одним из важнейших компонентов османской системы и играла роль связующего звена между Анатолией, Египтом, Ираком и Хиджазом. Необходимость ежегодной организации хаджа с символами султанской власти и покровительства над святынями Мекки и Медины определяла особую стратегическую важность сирийских провинций Османской империи. Несмотря на ряд серьезных угроз во время общего кризиса османской государственности (конец XVI начало XIX вв.), имперскому центру удалось сохранить контроль над Сирией путем создания сдержек и противовесов между местными элитами. В XIX в. и особенно в период правления Абдул- Хамида II (18761909 гг.), сохранение Сирии под османским контролем стало вопросом существования Османской империи, которая перед лицом растущего европейского давления и интервенции потеряла большую часть своих владений на Балканах и в Северной Африке. Задача укрепления связей между имперским центром и периферией в сирийских вилайетах в последней четверти XIX в. была в целом успешно решена. К началу XX в. Сирия была одним из наиболее политически спокойных и прочно связанных со Стамбулом регионов Османской империи. Этому в значительной степени способствовали довольно высокий уровень общественной безопасности, развитие внешней торговли, рост образования и постепенная интеграция местных элит (как мусульман, так и христиан) в османские государственные и социальные механизмы. Положение Сирии в системе османских владений показало, что процесс ослабления и территориальной дезинтеграции Османской империи в эпоху реформ не был линейным и наряду с потерей владений и влияния на Балканах, в азиатской части империи в течение XIX и начала XX вв. происходил параллельный процесс имперской консолидации.Abstract The article examines the role and place of Greater Syria (including Lebanon and Palestine) in the system of Ottoman possessions over several centuries from the Ottoman conquest to the period of the reign of Abdul Hamid II. For four centuries of Ottoman domination, the territory of historical Syria (Bilad al-Sham) was one of the most important components in the Ottoman system and played the role of a link between Anatolia, Egypt, Iraq and Hijaz. The need to ensure the Hajj with symbols of Sultan power and patronage over the shrines of Mecca and Medina each year determined the special strategic importance of the Syrian provinces of the Ottoman Empire. Despite a number of serious threats during the general crisis of the Ottoman state system (late 16th early 19th centuries), the imperial center managed to maintain control over Syria by creating checks and balances between local elites. In the 19th century. And especially during the reign of Abdul Hamid II (18761909), keeping Syria under Ottoman control became a matter of existence for the Ottoman Empire, which, in the face of increasing European pressure and intervention, lost most of its possessions in the Balkans and North Africa. The task of strengthening ties between the imperial center and the periphery in Syrian vilayets in the last quarter of the 19th century was generally successfully resolved. By the beginning of the 20th century, Syria was one of the most politically calm and firmly connected with Istanbul regions of the Ottoman Empire. This was greatly facilitated by a fairly high level of public safety, the development of foreign trade, the growth of education and the gradual integration of local elites (both Muslims and Christians) into Ottoman state and social mechanisms. Syrias position in the system of Ottoman possessions clearly showed that the process of weakening and territorial disintegration of the Ottoman Empire during the era of reform was not linear, and along with the loss of possessions and influence in the Balkans, in the Asian part of the empire during the 19th and early 20th centuries there was a parallel process of imperial consolidation.


The productivity of land has been often discussed and deliberated by the academia and policymakers to understand agriculture, however, very few studies have focused on the agriculture worker productivity to analyze this sector. This study concentrates on the productivity of agricultural workers from across the states taking two-time points into consideration. The agriculture worker productivity needs to be dealt with seriously and on a time series basis so that the marginal productivity of worker can be ascertained but also the dependency of worker on agriculture gets revealed. There is still disguised unemployment in all the states and high level of labour migration, yet most of the states showed the dependency has gone down. Although a state like Madhya Pradesh is doing very well in terms of income earned but that is at the cost of increased worker power in agriculture as a result of which, the productivity of worker has gone down. States like Mizoram, Meghalaya, Nagaland and Tripura, though small in size showed remarkable growth in productivity and all these states showed a positive trend in terms of worker shifting away from agriculture. The traditional states which gained the most from Green Revolution of the sixties are performing decently well, but they need to have the next major policy push so that they move to the next orbit of growth.


1994 ◽  
Vol 30 (10) ◽  
pp. 213-219 ◽  
Author(s):  
Hendrik Pieters ◽  
Victor Geuke

Samples of yellow eel from various locations in the Dutch Rhine area have been analyzed for trend monitoring of mercury since 1977. In the western Rhine delta mercury levels in eels have hardly changed since the seventies, whereas in the eastern part of the Dutch Rhine area a considerable decrease of mercury concentrations in eel has occurred. Because of continuous sedimentation of contaminated suspended matter transported from upstream regions, accumulation rates and concentrations of mercury in eel in the western Rhine delta remained at a relatively high level. Analyses of methyl mercury in biota have been performed to elucidate the role of methyl mercury in the mercury contamination of the Dutch Rhine ecosystem. Low percentages of methyl mercury were observed in zooplankton (3 to 35%). In benthic organisms (mussels) percentages of methyl mercury ranged from 30 to 57%, while in fish species and liver of aquatic top predator birds almost all the mercury was present in the form of methyl mercury (&gt; 80%). During the period 1970-1990 mercury concentrations of suspended matter in the eastern Rhine delta have drastically decreased. These concentrations seemed to be highly correlated with mercury concentrations of eel (R = 0.84). The consequences of this relation are discussed.


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