Organ Retention Litigation

2021 ◽  
pp. 192536212110324
Author(s):  
Victor W. Weedn

The common practice of retaining organs and tissues after the autopsy dissection is a potential legal liability for forensic pathologists and the offices they work for. In 1988, a coroner and the coroner’s office were successfully sued for corneal procurements without the consent of the next of kin. That led to later lawsuits of forensic pathologists and medical examiner offices over the retention of brains for formalin fixation and neuropathologic examination without consent, although the autopsies were not consent based. National Association of Medical Examiners became involved in this ligation and filed numerous amicus briefs. These later lawsuits were not successful. After caselaw on the subject, such lawsuits have largely abated. Nonetheless, the threat of such lawsuits remains, and statutory language can be promulgated to mitigate the risk.

2013 ◽  
Vol 3 (1) ◽  
pp. 93-98 ◽  
Author(s):  
Judy Melinek ◽  
Lindsey C. Thomas ◽  
William R. Oliver ◽  
Gregory A. Schmunk ◽  
Victor W. Weedn ◽  
...  

2013 ◽  
Vol 58 (5) ◽  
pp. 1193-1199 ◽  
Author(s):  
Mitchell Weinberg ◽  
Victor W. Weedn ◽  
Seth Weinberg ◽  
David Fowler

2017 ◽  
Vol 7 (4) ◽  
pp. 604-618
Author(s):  
Roger A. Mitchell ◽  
Francisco Diaz ◽  
Gary A. Goldfogel ◽  
Mark Fajardo ◽  
Stephany E. Fiore ◽  
...  

The National Association of Medical Examiners commissioned an ad hoc committee to provide recommendations for the investigation, examination, and reporting of deaths in custody. Deaths in custody, whether occuring in jail/prison or during an altercation with law enforcement, is a complex issue and requires the forensic pathologist to be knowledgable and deliberative about his/her diagnosis. This paper provides recommendations for the forensic pathologist as it relates to 1) categorization of deaths in custody, 2) critical information required during investigation, 3) enhanced autopsy procedures, 4) guidance on death certification, 5) parameters for statistical reporting, and 6) release of information to the public. A uniform approach by medical examiners and coroners to the investigation and evaluation of deaths in custody is critical. The establishment of recommendations has the potential to ensure consistency and reliability to the definition, investigation, and certification of these cases. Such uniformity and consistency will instill confidence in the independence of the medical examiner/forensic pathologist/coroner by the criminal justice system, public health system, and community at large.


2014 ◽  
Vol 4 (4) ◽  
pp. 497-504 ◽  
Author(s):  
J. Keith Pinckard ◽  
Roberta J. Geiselhart ◽  
Ellen Moffatt ◽  
Gregory A. Schmunk ◽  
Daniel L. Schultz ◽  
...  

2020 ◽  
Vol 23 (10) ◽  
pp. 1182-1194
Author(s):  
A.A. Akhmetzyanov ◽  
A.Yu. Sokolov

Subject. The article focuses on the advanced time-driven tools for allocating overhead expenses, which are based on process-based budgeting. Objectives. We articulate a technique for cost allocation so as to assess the cost of each process with reference to the common time driver. Methods. The study relies upon methods of systematization, classification, analogy and comparison, and summarizes the scientific literature on the subject. Results. The article presents our own suggestions on implementing TD-ABC and TD-ABB into the strategic management accounting process of developer companies. The principles were proved to help more effectively allocate overhead expenses and assess the capacity load of each process performed by functions, departments and employees. Carrying out a comparative analysis, we found certain reserves for utilizing resources more effectively. Conclusions and Relevance. The findings are of scientific and practical significance and can be used by developer and construction businesses. The conclusions can prove helpful for scientific papers, student books, and further research.


2004 ◽  
Vol 32 (3) ◽  
pp. 337-355 ◽  
Author(s):  
Leslie Zines

This article originally was published as a Law and Policy Paper. The Law and Policy Papers series was established in 1994 by the Centre for International and Public Law in the Faculty of Law, the Australian National University. The series publishes papers contributing to understanding and discussion on matters relating to law and public policy, especially those that are the subject of contemporary debate. In 1999 the papers were published jointly by the Centre for International and Public Law and The Federation Press. This article is reproduced in the Federal Law Review with the permission of the original publishers.


Author(s):  
Justine Pila

This chapter considers the meaning of the terms that appropriately denote the subject matter protectable by registered trade mark and allied rights, including the common law action of passing off. Drawing on the earlier analyses of the objects protectable by patent and copyright, it defines the trade mark, designation of origin, and geographical indication in their current European and UK conception as hybrid inventions/works in the form of purpose-limited expressive objects. It also considers the relationship between the different requirements for trade mark and allied rights protection, and related principles of entitlement. In its conclusion, the legal understandings of trade mark and allied rights subject matter are presented as answers to the questions identified in Chapter 3 concerning the categories and essential properties of the subject matter in question, their method of individuation, and the relationship between and method of establishing their and their tokens’ existence.


2021 ◽  
Vol 11 (2) ◽  
pp. 21
Author(s):  
Julia V. Furtado ◽  
António C. Moreira ◽  
Jorge Mota

Gender affirmative action (AA) in management remains a controversial topic among scholars, practitioners, and employees. While some individuals may support the use of AA policies as a means of increasing representation of women, others are not supportive at all, further understanding gender AA as an unacceptable violation of merit—even when targeted by it. With the aim of analyzing how scholars have approached the subject, we systematically reviewed 76 published articles (SCOPUS database), covering the extant literature on gender AA and management. Findings indicate a consensus regarding the common antecedents of attitudes towards gender AA with prior experiences with AA and diversity management (DM) (as well as general perceptions of AA). Performance and satisfaction appear as the predominant outcomes. In addition, while investigating the differences among AA, equal employment opportunity (EEO) and diversity management (DM), scholars are mainly focused on the effectiveness of AA as a means of increasing the inclusion of minorities in general. We conclude that despite marginal studies on employees’ attitudes toward gender AA, there is a gap in the literature, particularly an absence of research on the bivalent position of meritocracy (or merit violation) as both an antecedent and outcome of attitudes towards AA, which deserves further scrutiny.


1973 ◽  
Vol 21 ◽  
pp. 3-7
Author(s):  
Helen Sawyer Hogg

The title of this talk is really just a different phrasing from one I have used at several IAU meetings on the subject of numbers and kinds of variables in globular clusters. To furnish this material, I have finished the Third Catalogue of Variables in Globular Clusters. Since many of you are coming to this Colloquium with new information, the Catalogue is in draft form with a request that corrections and additions be given me by October 2, after which the draft will go to the printer.The First Catalogue of Variables in Globular Clusters was published at this observatory in 1939 and the Second Catalogue in 1955. In 1966 appeared the excellent Catalogue of Variables South of Declination—29° by Fourcade, Laborde and Albarracin, with splendid large prints of identification charts.


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