Judicialization of nursing malpractice in perioperative care, and delivery and birth assistance

ABSTRACT Objectives: to analyze the legal outcomes of malpractices in perioperative care, and delivery and birth assistance related to nursing, from the perspective of legal support for malpractice prevention. Methods: an exploratory, documentary, qualitative study, based on the cases tried by the Court of Justice of the State of Paraná, available online until April 2018. For the data analysis, we codified the processes and summarized the judicial outcome by the severity of the malpractice. Then, we recommended practices for the prevention of each case we presented. Results: among the thirteen processes analyzed, eight corresponded to the perioperative period (mainly electrocautery burn), and five to nursing care for delivery and birth. The severity of the cases was high (n=7). The judicial outcome of most cases (n=11) was the conviction of the institution. Conclusions: despite the multifactorial nature of the malpractices, the identified ones are preventable since there is a description of good practices.

Addressing the Impacts of the Covid-19 Pandemic on Public - Private Partnership (PPP) Contracts

The Covid-19 pandemic has significantly impacted the health and economy of the world. The pandemic has also frustrated the execution of public-private partnership (PPP) projects across the world, with economic and legal consequences for contracting parties. The impacts of the pandemic have, and may continue to, result in uncertainties and even project failures. PPPs are underpinned by long term contracts which should ordinarily determine the rights, obligations and remedies arising out of the impact of the pandemic. However, the legal outcomes are never always certain or determinable and might not augur well for any of the parties. This article examines legal and contractual tools for managing uncertainties and risks arising from the pandemic. It suggests that, as much as possible, parties should rely on extra-contractual arrangements to resolve the issues that are likely to arise out of the pandemic. This article discusses the possible legal outcomes of the pandemic on PPP arrangements and suggests creative ways of mitigating its impacts.

Metaphors of International Law

This chapter explores international law in search of its hidden and not-so-hidden metaphors. Along the way, it discovers a world inhabited by states, where rules are picked when ripe, where trade keeps boats forever afloat on rising tides. But it also unveils a world in which voices are silenced, inequality ignored, and hands washed of responsibility. Part of a shared cognitive system, metaphors provide a language to describe the law’s operation, help international lawyers identify legal subjects and doctrinal categories, and provide normative justifications for the law. Exploring metaphors’ operation at these levels, this chapter describes how metaphors help construct a shared, tangible universe of legal meaning. But it also reveals how metaphors help hide international law’s dark side, blind international lawyers to alternative worlds, and prejudge legal outcomes. Metaphors, key, nearly invisible building blocks of the international law we know, become key also to its demolition, restoration, or remodelling.

Vulnerability and Volition in the Testamentary Law of Undue Influence and Captation

This article examines how contemporary analyses of vulnerability theory are reflected in legal approaches to undue influence and captation in the Canadian common law of wills and estates and in the Civil Code of Québec in the law of succession. Critical theorists point to the risks of assuming that vulnerability lies exclusively with the elderly and persons with disabilities. The equation risks oversimplifying matters, which could compromise the equality and dignity of members of these groups. There is also a risk of overlooking the harm that may be suffered by those who are victims of social or economic oppression. A more nuanced approach posits that vulnerability is a common human trait that cuts across social identities and experiences. Due to prevailing assumptions about vulnerability, this article hypothesizes that challenges to wills based on undue influence and captation will most often occur when the testator is elderly and/or has a disability at the time of execution of the will. Canadian common law and Quebec civil law jurisprudence are examined to assess this hypothesis. This analysis reveals that certain conditions do give rise to triggers heightened judicial scrutiny of wills, but that they do not in and of themselves determine legal outcomes. The case law thus suggests a moderate—but tempered—risk that courts will draw presumptions about age and capacity when assessing the presence of undue influence or captation. Perhaps more significant is the absence of challenges to wills involving young and healthy testators. Jurists might therefore wonder whether we are at risk of overlooking some cases of untoward conduct due to the conceptual associations we make between age, incapacity and vulnerability.

Right to Pray

Focusing on cultural restrictions on women’s access to the garbhagriha in specific Hindu temples in India, this paper attempts to contextualize the wider debates around gender in faith-based practices and the confrontation between the ‘right to pray’ movement and its opponents. It reviews the complexities of practising public religion in a democratic nation. In the ambit of the contemporary feminist movement, activism has been initiated for reclaiming space for women in the realm of religion and faith. This was most clearly demonstrated in the women-led right to pray movement. The movement has been continuously evolving in local spaces and remains diversified across public places of worship. Debates around the exclusion of women have required the judiciary to reinterpret the relation between public temples and the equality proclaimed by the Constitution. By looking at the Sabarimala and Shani Shingnapur temple protests, this paper reflects on the conflict between activism and faith traditions. It charts the legal outcomes, local responses, political tensions, and the associated gender subjectivity. It attempts to revisit the role of women as recipients rather than agents of religion in public spaces, while extending the arguments to other aspects of ritual.

The Plight of Female Cameroonian Migrant Sex Workers in N’Djamena, Chad: A Case of Intersectionality

In most countries, sex-work is criminalized and frowned upon. This leads to human rights abuses, especially for migrant female sex workers. The burden is heavier on migrant female sex-workers whose gender and foreign citizenship intersect to produce a plethora of adverse health, social, and legal outcomes. This phenomenological study explores the intersectionality of individual factors leading to human rights abuses among migrant Cameroonian female sex workers in N’Djamena, Chad. Ten female sex workers and two key-informants were interviewed, and being a small sample, they gave detailed information about their experiences. The data was later analyzed using thematic analysis. Participants narrated experiences of social exclusion, exposure to diverse abuses, and health risks due to gender, immigrant status, and illegality of sex work. The experiences of female migrant sex workers, within contexts of sex work criminalization, are exacerbated by the intersectionality of these factors. Women endure several vulnerabilities in many African countries, more so when they have to survive on sex work as foreigners in a country where the act is illegal.

Mediated Visibility and Public Environmental Litigation: The Interplay between Inside and Outside Court during Environmental Conflict in Australia

Conflicts over environmental sustainability are increasingly being fought in court, such as the use of Public Environmental Litigation (PEL) to challenge developments impacting the environment in Australia and elsewhere. News media coverage of PEL introduces legal actors to the dynamics of mediatized environmental conflict, which provides a platform for conflict actors to gain mediated visibility for their cause to influence public debate. When legal opportunities, such as PEL, are used as a campaign tactic, the dynamics of contest are exposed and, while courts have some power over legal actors, parties seek news media to favorably translate legal outcomes to the public. This article explores the nexus of PEL, news media, and communication strategies to find greater understanding of who gains from the mediated visibility that occurs when transnational environmental campaigns take their claims to court. Using content analysis and discourse analysis of news texts and semi-structured interviews relating to eight PEL cases instigated to stop the Adani Carmichael coal megamine in Australia, we seek better understanding of the mechanisms at play when PEL campaigns appear in news media, and find that the dominance of outside court sources in news coverage not only privilege the political aspects of PEL over the legal, but highlights how strategic litigation, such as PEL, can be used to influence public opinion and, therefore, a political response, regarding environmental conflict.

What Characterizes Vulnerability? Interdisciplinary Perspectives on Service Provision for Survivors of Sexual Assault

Although research indicates that specialized sexual assault (SA) services are effective in terms of promoting postassault recovery and improving legal outcomes, little is known about how to best support survivors facing co-occurring difficulties and inequalities (e.g., preexisting mental health issues, substance abuse, poverty). This deficiency in knowledge was also expressed by service providers at Danish SA centers (SACs), who described this using the term “vulnerable survivors.” Therefore, the present study aims to address this knowledge gap by exploring (a) how service providers understand vulnerability in the context of SA and (b) how service provision is currently approached for these survivors. Interviews were conducted with 18 service providers representing five professional groups (psychologists, social workers, forensic doctors, nurses, police) and analyzed using Interpretative Phenomenological Analysis. A total of eight themes emerged from the analysis, including service providers’ descriptions of what characterizes vulnerability in survivors and broader perspectives on service provision for these survivors. Survivors considered least likely to attain desired supports were also those perceived to be most vulnerable with regards to risk and experiences surrounding sexual victimization (e.g., individuals with preexisting mental health issues). Service providers also believed that a large proportion of those served experience ongoing vulnerabilities that are difficult to manage within existing support models. The results thus suggest that survivors’ needs cannot be met if vulnerabilities are overlooked or ignored. At the same time, the concept of vulnerability warrants caution since vulnerabilities are often placed within individual survivors, but the formal support system also appears vulnerable in its ability to meet the diverse needs and priorities of those served. The implications for SA services across the globe are discussed, including a need for more individually tailored and trauma-informed responses to SA that simultaneously address co-occurring difficulties and inequalities in survivors.

SAME-SEX RELATIONS AND LEGAL TRADITIONS IN CAMEROON AND SOUTH AFRICA

This essay revisits the debates and legal contests that grew in Cameroon at the turn of the millennium but failed to bring justice for members of the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community. Several members of sexual minorities were tried in Cameroon courts and sentenced to serve jail time. In order to reflect on the state of legal limbo for LGBTQ people in Cameroon, I also revisit the South African case Minister of Home Affairs and the Director General of Home Affairs versus Marie Adrianna Fourie and Cecelia Johanna Bonthuys, which led to legalization of same-sex relationships and marriage in South Africa. In the first and longer part of the essay, I discuss the situation in Cameroon and South Africa. In the second part, I briefly discuss the different legal outcomes in the two countries. I conclude with a brief discussion of signs of hope in the critical dialogue on justice in the debate on same-sex relations in Africa. My goal in this essay is not to offer expert opinion on the legal entanglements on the question of same-sex relations, but to demonstrate that legal and constitutional protections offer the best chance for gaining the rights of LGBTQ people in Africa.