scholarly journals Concept, types and signs of responsibility in the field of medical activities

2021 ◽  
pp. 37-42
Author(s):  
S.B. Buletsa
Keyword(s):  
Medical Science ◽  
Causal Link ◽  
Support Staff ◽  
Living Standards ◽  
Tort Liability ◽  
Active Behavior ◽  
Passive Behavior ◽  
Medical Institutions ◽  
Contractual Relationships ◽  
Special Rules

The development of medical science, the improvement of the living standards of the population and the establishment of democratic institutions contribute to the increase of the requirements for the activity of medical workers and to the increase of cases of bringing them to justice for improper performance of professional duties. Civil law distinguishes between types of liability according to different criteria. Thus, on the basis of the rights and obligations, for the violation of which liability is established, it is divided into contractual and non-contractual. Contractual and non-contractual civil liability have some common generic features. Liability in medical activities arises in case of violation of rights and responsibilities. The activities of health professionals (doctors, nurses, support staff) in any case, aimed at the patient, he receives medical care, taking into account his health, physical condition, and aim at positive changes in the patient's health. In the case of contractual liability, the terms of the contract are violated, in the case of non-contractual (tort) liability between the violator and the victim before the violation there were absolute legal relations. The behavior of the offender must be active, ie passive behavior is not the basis for tortious liability, but only if there are special rules of law that provide only for active behavior (doctors). Tort liability damages the general prohibition, where potentially harmful conduct is not clearly defined by law, as any active conduct is illegal and associated with the occurrence of the damage. Contractual liability will arise in compliance with the terms of liability, especially the causal link, ie the objectively existing link between the wrongful conduct of the debtor and the adverse consequences that have occurred. The classic features of the contract, of course, are more clearly manifested in private medical services (eg, dentists, private medical institutions), there are contractual relationships. Liability in the field of medical activity is a type of legal liability, ie the implementation of a sanction of a legal norm, which by its nature is a means of coercion, is accompanied by condemnation by the state and is expressed in imposing on the perpetrator of violation of intangible consequences of a material nature.

Pharmaceutical Concern TEVA

2011 ◽  
pp. 93-98
Author(s):  
B. Dubson
Keyword(s):  
Elderly People ◽  
Global Market ◽  
Living Standards ◽  
New Drugs ◽  
Global Trends ◽  
Pharmaceutical Firms ◽  
Pharmaceutical Group ◽  
Medical Institutions ◽  
Insurance Funds

The author explores the case of the Israeli pharmaceutical group Teva. It is noted that in modern conditions there are favorable factors for an entry into the global market of the small-and medium-sized pharmaceutical firms producing equivalents of patented drugs. The current global trends such as the growth of living standards increase the number of elderly people, who are the main consumers of medications, and the emergence of new drugs to fight the previously incurable diseases significantly increase the demand for medicines. The total costs of purchasing the drugs are becoming increasingly onerous for patients, for all kinds of involved medical institutions (hospitals, medical offices, insurance funds, etc.) and for the governments. Therefore, there is a growing interest in replacing expensive original drugs by the same quality, but cheaper generics.

5. Liability for Damage Caused: Causation and Remoteness

2019 ◽  
pp. 202-239
Author(s):  
Simon Deakin ◽  
Zoe Adams
Keyword(s):  
Case Law ◽  
Causal Link ◽  
Tort Liability ◽  
Extensive Discussion ◽  
Occupational Illness ◽  
Essential Ingredient ◽  
The Third ◽  
Illness And Disease ◽  
Complex Cases

This chapter examines the third element of the tort of negligence, namely, causation. The defendant’s carelessness must be shown to have caused the loss or damage in question. The finding of a sufficient causal link is an essential ingredient in all forms of tort liability (with the exception of torts actionable without proof of damage). The discussions cover the nature of the causal inquiry; but-for causation; and remoteness of damage. There is extensive discussion of the Fairchild principle and the issue of causation in complex cases of liability for occupational illness and disease, with particular reference to the mesothelioma case law.

5. Liability for Damage Caused: Causation and Remoteness

2013 ◽  
Author(s):  
Simon Deakin ◽  
Angus Johnston ◽  
Basil Markesinis
Keyword(s):  
Causal Link ◽  
Tort Liability ◽  
Essential Ingredient ◽  
The Third

This chapter examines the third element of the tort of negligence, namely, causation. The defendant’s carelessness must be shown to have caused the loss or damage in question. The finding of a sufficient causal link is an essential ingredient in all forms of tort liability (with the exception of torts actionable without proof of damage). The discussions cover the nature of the causal inquiry; but-for causation; and remoteness of damage.

scholarly journals Mauritian Tort Law

2020 ◽  
pp. 184-203
Author(s):  
Goran Georgijević
Keyword(s):  
Civil Law ◽  
Tort Law ◽  
Case Law ◽  
Causal Link ◽  
Civil Code ◽  
Tort Liability ◽  
French Case ◽  
Harmful Event

According to the general tort law of Mauritius (articles 1382 through 1384 of the Mauritian Civil Code), three conditions must be met before tort liability may be implemented, namely the existence of harm, the existence of a causal link, and the existence of a harmful event. This paper contains an analysis of the fundamentals of the tort law of Mauritius, which is based on Mauritian case law and French case law and French doctrine, which are considered a persuasive authority in Mauritian Civil Law.

scholarly journals Methodological approaches to the application of burns classifications in determining the severity of injuries in Ukraine

2021 ◽  
pp. 46-57
Author(s):  
Oleksandr Hurov ◽  
Dmytro Hladkykh ◽  
Viktor Sapielkin ◽  
Vitalii Shcherbak ◽  
Dmytro Lys
Keyword(s):  
Medical Practice ◽  
Medical Science ◽  
Thermal Burns ◽  
Legal Documents ◽  
Medical Institutions ◽  
Thermal Injuries ◽  
Forensic Expert ◽  
Methodological Approaches

The article considers the existing classifications of thermal burns by the depth of the lesion. The analysis and comparison of different classifications among themselves is carried out. The problems that may arise in forensic medical practice in determining the severity of thermal burns, which are associated with the use of different classifications, are demonstrated. The use of different classifications of burns according to the depth of the lesion can lead to incorrect determination of the severity of injuries when compiling the "Expert Conclusion". Methodological approaches that will avoid this are presented. The aim of the work. Elaboration of methodological approaches to the use of modern classifications of burns, which are introduced in Ukraine and in other countries, during forensic medical examinations of thermal injuries. Materials and methods. Analysis, synthesis, comparison and analogy of printed and electronic legal documents of Ukraine, domestic and foreign forensic and medical literature on burn injury. Results. Analysis and comparison of different modifications of burns classification by depth of injury revealed that modern classifications by combinations of numbers and letters differ from the classification of burns by depth, which is used in forensic practice in Ukraine in determining the severity of thermal injuries. The forensic expert during the examination in cases of thermal injury examines the medical records that contain information about the treatment of the victim. Victims can be treated in various medical institutions both in Ukraine and abroad. Thus, different classifications are used in the formulation of the diagnosis, which can lead to incorrect determination of the severity of the injury caused by high temperature. The result is a biased "Expert Conclusion", which may later be considered inadequate evidence in criminal proceedings. To prevent erroneous assessment of the degree of burns, the expert must find out what classification of burns is used in making a clinical diagnosis, and interpret the specified degree of burns in accordance with the gradation of burns, which regulates the activities of forensic experts. Conclusion. At present, the «Rules of forensic determination of the severity of injuries», which were approved in Ukraine in 1995, don't provide adequate methodological support for forensic expert research, which should correspond to the current level of development of medical science and clinical practice. The introduction of the achievements of world medicine into the domestic forensic medical practice should be facilitated by modern legal documents regulating the activities of forensic medical institutions of Ukraine.

scholarly journals ANALISIS STRUKTURAL FABEL TEGODEK DAIT TETUNTEL: REPRESENTASI PERILAKU DALAM MASYARAKAT SASAK

MABASAN ◽  
2018 ◽  
Vol 8 (2) ◽  
pp. 164-176
Author(s):  
Syaiful Bahri
Keyword(s):  
Structural Analysis ◽  
Social Class ◽  
Problem Solving ◽  
Community Based ◽  
Active Behavior ◽  
Passive Behavior ◽  
Analysis Methods ◽  
The Social ◽  
Lower Social Class

This study analyzed structure of Tegodek Dait Tetuntel fable. Through these structures, it will be seen the role of each character in relationto the behavior of Sasak community based on the social levels . By using the structural analysis methods of Levi-Strau,it is shown that Tegodek and Tetuntel fable is not only presenting two main characters,  ‘Godek’ (monkey) and Tuntel (frogs/toads), but it is also presenting some phenomena of opposition figures such as ‘Godek’ is always insuperior position, while figures of Tuntel is always in inferior position. This indicates that ‘Godek’ figure is representation of a higher social class, while Tuntel is representation of a lower social class. Relating to the behavior, the ‘Godek’ character has a more active behavior, while the Tuntel figure tends to bea  passive behavior. If it is related to "working" activities, Tuntel figures have more knowledge than the characters of Tuntel. In relation to the behavior of revealing facts, the Tuntel figures tend to reveal something accordance with the facts, while the ‘Godek’ figures tend to precede the prestige that sometimes they do not meet the facts. When it is dealt with a problem solving, ‘Godek’ figures are more like doing intervention, whereas Tuntel figures to be relentless.

scholarly journals Application of CNN Algorithm Based on Chaotic Recursive Diagonal Model in Medical Image Processing

2021 ◽  
Vol 2021 ◽  
pp. 1-10
Author(s):  
Fangfang Ye ◽  
Sen Xu ◽  
Ting Wang ◽  
Zhangquan Wang ◽  
Tiaojuan Ren
Keyword(s):  
Neural Network ◽  
Image Processing ◽  
Medical Image ◽  
Medical Science ◽  
Medical Image Processing ◽  
Living Standards ◽  
Disease Rate ◽  
Application Research ◽  
Paper Briefly ◽  
Gradual Improvement

With the gradual improvement of people’s living standards, the production and drinking of all kinds of food is increasing. People’s disease rate has increased compared with before, which leads to the increasing number of medical image processing. Traditional technology cannot meet most of the needs of medicine. At present, convolutional neural network (CNN) algorithm using chaotic recursive diagonal model has great advantages in medical image processing and has become an indispensable part of most hospitals. This paper briefly introduces the use of medical science and technology in recent years. The hybrid algorithm of CNN in chaotic recursive diagonal model is mainly used for technical research, and the application of this technology in medical image processing is analysed. The CNN algorithm is optimized by using chaotic recursive diagonal model. The results show that the chaotic recursive diagonal model can improve the structure of traditional neural network and improve the efficiency and accuracy of the original CNN algorithm. Then, the application research and comparison of medical image processing are performed according to CNN algorithm and optimized CNN algorithm. The experimental results show that the CNN algorithm optimized by chaotic recursive diagonal model can help medical image automatic processing and patient condition analysis.

scholarly journals CAUSAL UNCERTAINTY: ALTERNATIVE CAUSATION IN TORT LAW

TEME ◽  
2020 ◽  
pp. 033
Author(s):  
Mihajlo Cvetković
Keyword(s):  
Essential Element ◽  
Tort Law ◽  
Causal Link ◽  
Tort Liability ◽  
Causal Uncertainty ◽  
Fair Compensation

The causal link between the tortfeasor’s unlawful act and the resulting damage is an essential element of tort liability. There are situations in tort law practice where singular damage has more than one potential cause, so it is important to determine which one is legally relevant. In those situations, it is hard for the claimant to identify the tortfeasor. Moreover, proving the causal link is difficult or almost impossible. On the contrary, the tortfeasor can successfully object that the damage cannot be attributed to him/her. European courts and doctrine have developed theories about alternative causation firstly by addressing asbestos litigation. This paper presents solutions from English, Belgian, French, German and Dutch tort law. Although they all strive for the same goal - fair compensation, the diversity of methods and outcomes is surprising. The end of the paper is devoted to the Principles of European Tort Law (PETL), where optimal suggestions on how to overcome causal uncertainty are presented.

Europe, the War, and the Colonial World

2014 ◽  
Author(s):  
Martin Thomas
Keyword(s):  
Causal Link ◽  
Second World War ◽  
Living Standards ◽  
Colonial Rule ◽  
Political Rights ◽  
World War ◽  
Undue Influence ◽  
End Points ◽  
Western Asia ◽  
Second World

The fact that we know the end points of formal colonial rule may lead us to forget that, for those involved, the process appeared less determined and more contingent. It is deceptively easy to trip over the supposed ‘milestone’ of the Second World War, ascribing undue influence to a failing capacity or will to rule among the colonial powers themselves. Such generalizations leave no room for agency among colonized peoples themselves and dismiss both rulers and ruled as essentially homogenous, almost preprogrammed to behave stereotypically as reactionaries or revolutionaries. Recognizing these interpretive problems, political analysts of European decolonization are now more divided over the extent to which the Second World War prefigured the end of European colonial rule. Much of the evidence for a strong causal link is powerful. By 1950 the geopolitical maps of eastern, southern, and western Asia were markedly less colonial. The justificatory language for empire was also different, evidence of the turn towards a technocratic administrative style that would soon become the norm in much of the global South. If basic political rights were frequently denied within dependent territories, a stronger accent on improved living standards gave imperial powers something with which to muffle the rising chorus of transnational criticism against colonial abuses. For all that, the concept of the Second World War as a watershed in the end of empires should not be accepted uncritically. This chapter explores the reasons why.

scholarly journals Brief Talk on the Tort Liability Caused by Breeding Animals

2019 ◽  
Vol 2 (5) ◽  
Author(s):  
Shirui Peng
Keyword(s):  
Living Standards ◽  
Tort Liability ◽  
The People

With the increasing material living standards of the people, keeping pets has become a way for people to enjoy amateur life, and the tort problem of breeding animals has also been accompanied. This article will discuss the tort liability of breeding animals from the aspects of the characteristics, the principle of imputation, and the constitutive elements.

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