scholarly journals Medical error disclosure and patient safety: legal aspects

2013 ◽  
Vol 2 (3) ◽  
pp. 31 ◽  
Author(s):  
Olivier Guillod
Keyword(s):  
Patient Safety ◽  
Criminal Liability ◽  
Legal Aspects ◽  
Medical Liability ◽  
Public Health Issue ◽  
Culture Of Safety ◽  
Error Disclosure ◽  
Reporting Systems ◽  
Disclosure Laws ◽  
The Law

<p>Reducing the number of preventable adverse events has become a public health issue. The paper discusses in which ways the law can contribute to that goal, especially by encouraging a culture of safety among healthcare professionals. It assesses the need or the usefulness to pass so-called <em>disclosure laws </em>and <em>apology laws</em>, to adopt mandatory but strictly confidential Critical Incidents Reporting Systems in hospitals, to change the fault-based system of medical liability or to amend the rules on criminal liability. The paper eventually calls for adding the law to the present agenda of patient safety.</p>

scholarly journals The American medical liability system: An alliance between legal and medical professionals can promote patient safety and be cost effective

2013 ◽  
Vol 2 (3) ◽  
pp. 97
Author(s):  
Steven E. Pegalis
Keyword(s):  
Patient Safety ◽  
Justice System ◽  
Cost Effective ◽  
The United States ◽  
Medical Liability ◽  
Legal Rights ◽  
Medical Professionals ◽  
Civil Justice ◽  
Culture Of Safety ◽  
Civil Justice System

Objective: The aim of this paper is to evaluate a hypothesis premised on the idea that if medical leaders in the United States support an unfettered access for patients injured by medical error to the American civil justice system, that approach would improve patient safety and be cost effective. Method: An analysis of the relevant legal and medical literature. Results: Medical liability in the American civil justice system derived from traditional tort law is based on accountability. Reforms applied to medical liability cases urged by healthcare providers limit and in some cases eliminate legal rights of patients injured by healthcare error which rights exist for all others in non-medical cases. Yet medical liability cases have promoted a culture of safety. Information learned from medical liability cases has been used to make care safer with a reduced incidence of adverse outcomes and lower costs. A just culture of safety can limit provider emotional stress. Using the external pressures to reduce the incidence of law suits and promoting ethical mandates to be safer and disclose the truth can promote provider satisfaction. Conclusions: An alliance between legal and medical professionals on the common ground of respect for the due process legal rights of patients in the American system of justice and the need for accountability can make care safer and can be cost effective.

scholarly journals The Legal Responsibility of Nurses in Administration of Prescriptions

2016 ◽  
Vol 9 (5) ◽  
pp. 174
Author(s):  
Farhad Moradi ◽  
Mohammad Reza Shademanfar
Keyword(s):  
Patient Safety ◽  
Health Care Services ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Aspects ◽  
Legal Responsibility ◽  
Medical Community ◽  
Criminal Prosecution ◽  
Care Services ◽  
Community Responsibility

<p>Patient safety is one of the main issues in health care services. Medical mistakes are common potential dangers for patients that can be treated as a measure of patient safety. Medication errors are the most common errors in the nursing profession, which can be potentially dangerous for patients. In this study, the main purpose was evaluation of criminal responsibility of nurses in administration of prescriptions using descriptive and analytical approach. Since for medical professionals legal aspects of such cases are beyond their duty, we wish to determine the criminal liability for medical care personnel (e.g. nurses) and associated professionals</p>We will look at penal provisions for this matter closely. Obviously, lack of medical community responsibility for such errors will diminish cases of criminal prosecution. While specific rules in Medicine provide the possibility to call upon relevant incumbents, yet, criminal responsibility has not been assigned to this issue. In the legal responsibility of medical superintendents, nursing faults are divided into two categories, general criminal liability and specific criminal liability. Recent responsibility requires that necessary coordination exists between prosecution laws and specific laws in medicine.

scholarly journals Organizational and legal aspects of activities in the field of agrobiology in Ukraine: improvement of the situation and problems of legal regulation

2020 ◽  
pp. 10-15
Author(s):  
Ivan VINNYK
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Armed Forces ◽  
Initial Step ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Martial Law ◽  
The Russian Federation ◽  
The Law ◽  
Take All

Introduction. The article is devoted to question of legal regulation of activities for repulse to armed aggression against Ukraine. In general the study was carried out through the prism of the armed aggression of Russian Federation, which began on February 20, 2014 in Ukraine and continues to this day. The study of the raised question was based on the Constitution of Ukraine, the Law of Ukraine "On Defense of Ukraine" and other regulations that determine the grounds, the procedure for repel the armed aggression, and which concern the competence of the authorized subjects in the specified sphere. The position on the presence of a number of shortcomings in the legislation that regulates question of repel the armed aggression against Ukraine is expressed. The purpose of the paper is to study the evolution of Ukrainian legislation, which served as a tool to repel the armed aggression of the Russian Federation, to carry out the analysis of key regulations that regulate the repulse the armed aggression against Ukraine, and based on the analysis to identify the main shortcomings of this legal regulation, which, in turn, may negatively affect the effective repulse the armed aggression against Ukraine. Results. It is determined that at the initial step of the armed aggression of the Russian Federation the President of Ukraine did not take all the necessary actions, which arised from his duties, and, in particular, related to its effective repulse. The main reasons that served such inaction are identified. The main shortcomings of the legal regulation of the fight against armed aggression are singled out, concerning the procedure for the President to make decision on mobilization, imposition of martial law, use of the Armed Forces of Ukraine, other military formations, declaration of war, and approval by the Verkhovna Rada. Conclusion. The position is expressed on the need to improve the legal mechanisms for making decisions on general or partial mobilization, the imposition of martial law in Ukraine or its localities, the use of the Armed Forces of Ukraine, other military formations formed according to laws of Ukraine, and on declaration of war in case of armed aggression against Ukraine or the threat of attack on Ukraine, including the establishment of a special (abbreviated) procedure for the removal of the President of Ukraine from office, in case of his inaction to repel troops aggression, as well as the establishment of criminal liability for these actions.

Conscientious Objection (European and American approaches)

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 115-144
Keyword(s):  
Deep Understanding ◽  
Legal Protection ◽  
Legal Aspects ◽  
Conscientious Objection ◽  
State Regulation ◽  
Legal Responsibility ◽  
State Regulations ◽  
Conscientious Objectors ◽  
The Law ◽  
The Individual

The Article concerns the legal issues, connected with the situation, when a person (or group of people) disobey requirements of the Law or other State regulations on the basis of religious or nonreligious belief. The Author analyses almost all related issues – whether imposing certain obligation on individuals, to which the individual has a conscientious objection based on his/her religious beliefs, always represents interference with his/her religion rights, and if it does, then what is subject of the interference – forum integrum or forum externum; whether neutral regulation, which does not refer to religion issues at all, could ever be regarded as interference into someone’s religious rights; whether opinion or belief, on which the individual’s objection and the corresponding conduct is based, must necesserily represent the clear “manifest” of the same religion or belief in order to gain legal protection; what is regarded as “manifest” of the religion or other belief in general and whether a close and direct link must exist between personal conduct and requirements of the religious or nonreligious belief; what are the criteria of the “legitimacy” of the belief; to what extent the following factors should be taken into consideration : whether the personal conduct of the individual represents the official requirements of corresponding religion or belief, what is the burden which was imposed on the believer’s religious or moral feelings by the State regulation, also, proportionality and degree of sincerity of the individual who thinks that his disobidience to the Law is required by his/her religious of philosofical belief. The effects (direct or non direct) of the nonfulfilment of the law requirement (legal responsibility, lost of the job, certain discomfort, etc..) are relevant factors as well. By the Author, all these circumstances and factors are essencial while estimating, whether it arises, actually, a real necessity and relevant obligation before a state for making some exemptions from the law to the benefi t of the conscientious objectors, in cases, if to predict such an objection was possible at all. So, the issues are discussed in the prism of the negative and positive obligations of a State. Corresponding precedents of the US Supreme Court and European Human Rights Court have been presented and analysed comparatively by the Author in the Article. The Article contains an important resume, in which the main points, principal issues and conclusion remarks are delivered. The Author shows, that due analysis of the legal aspects typical to “Conscientious objection” is very important for deep understanding religious rights, not absolute ones, and facilitates finding a correct answer on the question – how far do their boundaries go?

scholarly journals An Organizational Learning Framework for Patient Safety

2016 ◽  
Vol 32 (2) ◽  
pp. 148-155 ◽  
Author(s):  
Marc T. Edwards
Keyword(s):  
Patient Safety ◽  
Organizational Learning ◽  
Human Error ◽  
High Reliability ◽  
Organizational Capabilities ◽  
Organizational Learning Theory ◽  
Culture Of Safety ◽  
Learning Framework ◽  
Operational Improvement ◽  
Learning Modes

Despite concerted effort to improve quality and safety, high reliability remains a distant goal. Although this likely reflects the challenge of organizational change, persistent controversy over basic issues suggests that weaknesses in conceptual models may contribute. The essence of operational improvement is organizational learning. This article presents a framework for identifying leverage points for improvement based on organizational learning theory and applies it to an analysis of current practice and controversy. Organizations learn from others, from defects, from measurement, and from mindfulness. These learning modes correspond with contemporary themes of collaboration, no blame for human error, accountability for performance, and managing the unexpected. The collaborative model has dominated improvement efforts. Greater attention to the underdeveloped modes of organizational learning may foster more rapid progress in patient safety by increasing organizational capabilities, strengthening a culture of safety, and fixing more of the process problems that contribute to patient harm.

scholarly journals Culpability, Kingston and the Law Commission

2010 ◽  
Vol 74 (5) ◽  
pp. 434-471 ◽  
Author(s):  
Cath Crosby
Keyword(s):  
Justice System ◽  
Criminal Liability ◽  
Character Theory ◽  
Criminal Offence ◽  
Pragmatic Approach ◽  
House Of Lords ◽  
The Law ◽  
Court Of Appeal ◽  
Law Commission ◽  
Do So

This article considers the basis upon which a person should be held to be criminally liable, and to do so, it is necessary to examine the leading theories of character and choice that underpin the State holding a person to be culpable of a criminal offence, i.e. the link between culpability and fault. The case of R v Kingston1 is used to examine the application of these leading theories and it is observed that choice theorists would not excuse such a defendant from criminal liability even though his capacity to make a choice to refrain from law breaking was made extremely difficult by external factors beyond his control. Only character theory could possibly offer exculpation in such circumstances on the basis that the defendant acted ‘out of character’ and his deed did not deserve the full censure and punishment of the criminal law. The Court of Appeal in R v Kingston would have been prepared to excuse, but the House of Lords, and most recently the Law Commission have adopted a pragmatic approach to the involuntarily intoxicated offender. This case serves as a reminder that while justice is the aim of the criminal justice system, it is not an absolute standard.

A Public Health Approach to Patient Safety Reporting Systems Is Urgently Needed

2011 ◽  
Vol 7 (2) ◽  
pp. 109-112 ◽  
Author(s):  
Douglas J. Noble ◽  
Sukhmeet S. Panesar ◽  
Peter J. Pronovost
Keyword(s):  
Public Health ◽  
Patient Safety ◽  
Public Health Approach ◽  
Safety Reporting ◽  
Reporting Systems

Temporary application of international treaties: legal aspects

2021 ◽  
pp. 58-62
Author(s):  
Veronika Shcherbyna ◽  
Ivanna Maryniv
Keyword(s):  
United Nations ◽  
International Law ◽  
Legal Aspects ◽  
Vienna Convention ◽  
Main Body ◽  
Legal Institution ◽  
International Treaties ◽  
Provisional Application ◽  
The United Nations ◽  
The Law

Problem setting. Nowadays the problem of the provisional application of treaties can be described as actual. It is no accident that it has been the subject of the attention of the United Nations International Law Commission with the task of elaborating the most important problems of international law. Furthermore, the above-mentioned subsidiary body of the United Nations General Assembly recognized the need to analyze the provisional application of treaties, the need for the progressive development and codification of international law in respect of the topic dealt with in this article. Аnalysis of research and publications. Aspects of the problem of provisional application of treaties are reflected primarily in the works of in the works of I.I. Lukashuk, O.V. Kyivets, O.V. Pushniak, I.I. Maryniv, T. Leber. Target of research is to describe the legal institution of the provisional introduction of international treaties and to find reasons for its use. Article’s main body. The article is devoted to the question of the temporary use of an international treaty as a fundamental institution of international law. The study discusses the need for provisional application of treaties. Attention was paid to the works of legal academics, who had considered this issue, their works and summaries were reviewed regarding the question under consideration. The author analyzed the formulations of the article 25 of the 1969 Vienna Convention on the Law of Treaties. Legal aspects and shortcomings were considered. First of all, it was noted that there is no definition of the temporary application of international treaties in the 1969 Vienna Convention on the Law of Treaties and article 25 of the Convention had been criticized for being difficult to understand and lacking legal precision. In the article, the author noted that in general, the provisional use takes place before the entry into force of the treaty, when countries have not yet completed the necessary internal state procedures for its entry into force and have not internationally expressed consent to be bound. The author also stressed that the application of the treaty before it enters into force or will enter in the moment when it is implemented, the parties will address to their commitments and thus the object of the treaty would disappear. The author highlighted another legal aspect of the international legal institution under consideration is that, in order to implement the institution of provisional application of treaties, A special law and regulations may be enacted in domestic law (constitutional and legislative). What is more, the author mentioned that it is appropriate to devote attention to the work of the father of the national science on the law of international treaties I.I. Lukashuk. Conclusions. The author concluded that the institution of the provisional use of treaties is one of the key institutions in the law of treaties enabling the parties to urgently address cooperation issues. Another conclusion of the author of this article is that countries resort to this legal instrument under consideration for several reasons: urgent resolution of issues to which the relevant treaties apply; the desire of countries to adopt and immediately implement confidence-building measures; preventing time gaps in the operation of a number of international treaties, which have been successively adopted and replace each other on the same subject.

scholarly journals Criminal Liability and Crime and Punishment Proportionality in the Crime of Legal Entities

2016 ◽  
Vol 9 (6) ◽  
pp. 61
Author(s):  
Samira Soltani ◽  
Ahmad Ramazani
Keyword(s):  
Criminal Liability ◽  
Penal Code ◽  
Legal Person ◽  
The Public ◽  
Crime And Punishment ◽  
Economic Exclusion ◽  
The Law ◽  
Definition Of ◽  
Legal Entities ◽  
The Way

One of the innovations of Islamic Penal Code in 2013 was to accept criminal liability of legal entities. By accepting criminal liability of legal entities, the way to punish them is arisen. As a legal person cannot commit any crime, any punishments are not applicable to them. Accordingly, Article 20 of this Law enumerated a list of penalties applicable to legal persons and it was tried to use penalties in accordance with the legal entities to deal with them. Punishments such as dissolution, confiscation, cash fine, announcement of the judgment, Diyeh, social and economic exclusion; such as a ban on business activities, prohibition of the public invitation to raise capital and ban from drawing business documents listed in Article 20 and Article 14, are a set of punishments which relatively different from usual punishment for individuals. These penalties are relative diversity, but what is objectionable is that the details and conditions of implementation of each of these punishments are not clear. If legislator described the details exactly or provided the condition to require the adoption of The Executive Bylaw of the punishment, it would be better. Given that all the points and issues about penalties for legal persons are not stated in this law as well as ambiguities in the law for a comprehensive definition of legal person, the way to implement main and supplementary punishments, In this study it was tried to evaluate and criticize the legal entities penalties including main and supplementary ones and their grading.

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