75 results match your criteria disputes defense


Covid-19 and the Brazilian Reality: The Role of Favelas in Combating the Pandemic.

Front Sociol 2020 17;5:611990. Epub 2020 Dec 17.

Psychology Graduate Program, Psychology Institute, Federal University of Rio de Janeiro, Rio de Janeiro, Brazil.

The consequences of coronavirus in favelas in Rio de Janeiro (Brazil) point to social inequality as a structuring factor in Brazilian society. The contagion spread and multiple death cases reveal the multiplicity of existence ways that cohabit the urban context, indicating that in many of these scenarios, access to decent housing, drinking water, and minimum income is not a reality and recommendations from international health agencies are challenging to implement. Against government technopolitics that drive different forms of death to the poorest, black communities, and slum dwellers, territorial insurgencies indicate other paths for the construction of a dignified life and access to fundamental rights, targeted solidarity practices, territorial political organization and the construction of specific public policies to deal with the effects of the virus which takes into account the particularities and distinct realities of the territory. Read More

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December 2020

The Charlie Gard Case, and the Ethics of Obstructing International Transfer of Seriously Ill Children.

Pediatrics 2020 08;146(Suppl 1):S54-S59

Faculty of Philosophy, Oxford Uehiro Centre for Practical Ethics, University of Oxford, Oxford, United Kingdom; John Radcliffe Hospital, Oxford, United Kingdom; and Murdoch Children's Research Institute, Melbourne, Victoria, Australia

In 2017, the court case over medical treatment of UK infant, Charlie Gard, reached global attention. In this article, I will analyze one of the more distinctive elements of the case. The UK courts concluded that treatment of Charlie Gard was not in his best interests and that it would be permissible to withdraw life-sustaining treatment. Read More

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[Mediation in public healthcare: opportunities for improvement].

Rev Med Chil 2020 Feb;148(2):211-215

Facultad de Odontología, Universidad de La Frontera, Temuco, Chile.

Background: Mediation in healthcare is a non-adversarial process to resolve a dispute risen between patients and health providers during medical attention Aim: To characterize the mediation process taking place in the public health system in Chile, from its start until 2017.

Material And Methods: Cross-sectional descriptive study. Under the Transparency Law, information about mediation processes between 2005 and 2017 was requested to the State Defense Council (CDE in its Spanish acronym). Read More

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February 2020

A health education law for the community in preventing the lawsuits on medical disputes.

Enferm Clin 2020 06;30 Suppl 4:496-499

Faculty of Law, Hasanuddin University, Indonesia.

Objective: This paper aims to provide health law education to the public, in determine a medical action that is detrimental to the patient's category as malpractice.

Method: This research using study of literatures by gathering information or theories relevant to the topic of the problem and related to the material being studied using the normative and empirical health and law studies.

Results: A number of literatures about malpractice and its theory have been reviewed and it turns out the results of the study indicate that there are no criteria or limits specifically agreed upon as a standard for establishing a medical action that is called malpractice or not. Read More

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Conscientious Objection, Moral Integrity, and Professional Obligations.

Authors:
Mark R Wicclair

Perspect Biol Med 2019 ;62(3):543-559

Lauris Kaldjian defends conscientious objection against opponents who claim that there is no place for a physician's personal moral beliefs in the practice of medicine. This essay argues that Kaldjian's defense of conscientious objection relies on a controversial "thick" conception of conscience that opponents may justifiably question. It offers a defense that relies on a relatively "thin" conception of conscience as an agent's core moral beliefs and that understands conscience-based refusals to provide medical services as refusals based on those core beliefs. Read More

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January 2020

Moral rigidity as a proximate facilitator of group cohesion and combativeness.

Authors:
Antoine Marie

Behav Brain Sci 2019 08 13;42:e130. Epub 2019 Aug 13.

Institut Jean Nicod, Ecole Normale Supérieure, PSL Research University, 75005 Paris, France.

De Dreu and Gross’s description of the proximate mechanisms conditioning success in intergroup conflict omits humans’ deontological morality. Drawing on research on sacralization and moral objectivism, I show how “moral rigidity” may have evolved through partner selection mechanisms to foster coalitions’ cohesion and combativeness in intergroup conflict [corrected]. De Dreu and Gross's argument that attack and defense are distinct strategies underpinned by different neuropsychological circuitries is an original refinement of the theory of conflict. Read More

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CONCLUSIONS OF MEDICAL-SOCIAL EXPERT AND MILITARY-MEDICAL COMMISSIONS AS AN OBJECT OF AN APPEAL TO PUBLIC AUTHORITIES: ADMINISTRATIVE LEGAL ANALYSIS.

Georgian Med News 2019 Mar(288):139-146

4National Aviation University, Ukraine.

The purpose of this article is to determine the jurisdictional nature of the conclusions of medical and social expert commissions and military medical commissions in disputes over their appeal by state authorities (using the example of the Ministry of Defense of Ukraine). More than 350 decisions of administrative courts of various instances, medical commissions, as well as medical legislation regulating the activities of medical social expert and military medical commissions, and the procedure for conducting medical, social and military medical examinations, became the material for this study. The methodological basis of this work was the method of empirical analysis judicial practice, which allowed autors to identify and analyze court decisions, as well as methods of legal analysis, systematization and synthesis of medical legislation and others. Read More

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Conditioned inhibition: Historical critiques and controversies in the light of recent advances.

J Exp Psychol Anim Learn Cogn 2019 Jan;45(1):17-42

División de Ciencias Biológicas y de la Salud, Universidad Autónoma Metropolitana.

Conditioned inhibition is a Pavlovian learning phenomenon in which a stimulus that predicts the absence of an otherwise expected outcome comes to control an organism's responding. Such responding usually manifests as a tendency that opposes that of a stimulus that predicts the outcome, also known as a conditioned excitor. Some learning theorists have expressed concerns about the validity and usefulness of conditioned inhibition as a concept; claims that may have negatively affected the reputation of this research area. Read More

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January 2019

Outcomes and associated factors in malpractice litigation involving inferior vena cava filters.

J Vasc Surg Venous Lymphat Disord 2018 07;6(4):541-544

Vascular Institute of New York, Brooklyn, NY.

Objective: Placement of inferior vena cava (IVC) filters is a controversial focus of medical malpractice. Clinicians currently have little information to guide them regarding key issues and outcomes in litigation. In this retrospective legal case review, we analyzed the factors associated with malpractice actions involving IVC filters. Read More

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Defense of the PACE trial is based on argumentation fallacies.

Authors:
Steven Lubet

J Health Psychol 2017 08 14;22(9):1201-1205. Epub 2017 Jun 14.

Northwestern University, USA.

In defense of the PACE trial, Petrie and Weinman employ a series of misleading or fallacious argumentation techniques, including circularity, blaming the victim, bait and switch, non-sequitur, setting up a straw person, guilt by association, red herring, and the parade of horribles. These are described and explained. Read More

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Analysis of concordance between conclusions of forensic psychiatric evaluation and court decisions after 2005 Criminal Code Amendment in a Taiwan psychiatric hospital.

Int J Law Psychiatry 2017 Sep - Oct;54:148-154. Epub 2017 Jul 22.

Taipei City Psychiatric Center, Taipei City Hospital, SongDe Branch, Taiwan.

The aim of the study is to explore the relationships between results of forensic psychiatric evaluation on "mental status at the time of the offense (MSO)" and the final decision of the courts after the amendment of the Criminal Code in 2005. All criminal cases referred to Taipei City Psychiatric Center for MSO evaluation from July 1, 2006, to December 31, 2015, were reviewed, and only the completed trials were included. Concordance rates in each category of MSO conclusion and the court decision were analyzed and compared. Read More

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The Transcriptome of the Zoanthid Protopalythoa variabilis (Cnidaria, Anthozoa) Predicts a Basal Repertoire of Toxin-like and Venom-Auxiliary Polypeptides.

Genome Biol Evol 2016 10 5;8(9):3045-3064. Epub 2016 Oct 5.

Laboratory of Biochemistry and Biotechnology, Institute for Marine Sciences, Federal University of Ceará, Fortaleza, Brazil

Protopalythoa is a zoanthid that, together with thousands of predominantly marine species, such as hydra, jellyfish, and sea anemones, composes the oldest eumetazoan phylum, i.e., the Cnidaria. Read More

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October 2016

Malpractice in Cases of Pediatric Appendicitis.

Clin Pediatr (Phila) 2017 Mar 19;56(3):226-230. Epub 2016 Jul 19.

1 Harbor-UCLA Medical Center, Torrance, CA, USA.

Appendicitis is one of the most common diagnoses in children and is frequently the focus of alleged malpractice. Causes for medical malpractice claims and outcomes of disputes in pediatric patients with appendicitis are currently unknown. A retrospective database review of all medical malpractice claims concerning the diagnosis of appendicitis from 1984 to 2013 in pediatric patients was performed. Read More

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Evaluating arguments during instigations of defence motivation and accuracy motivation.

Authors:
Cheng-Hong Liu

Br J Psychol 2017 May 12;108(2):296-317. Epub 2016 Mar 12.

Center for Teacher Education, National Tsing Hua University, Hsinchu City, Taiwan.

When people evaluate the strength of an argument, their motivations are likely to influence the evaluation. However, few studies have specifically investigated the influences of motivational factors on argument evaluation. This study examined the effects of defence and accuracy motivations on argument evaluation. Read More

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Exploring the controversy in child abuse pediatrics and false accusations of abuse.

Authors:
Steven C Gabaeff

Leg Med (Tokyo) 2016 Jan 28;18:90-7. Epub 2015 Dec 28.

Clinical Forensic Medicine, Sacramento, CA; Diplomat Emeritus American Board of Emergency Medicine; Fellow American Academy of Emergency Medicine; Fellow American College of Emergency Physicians; Member American Academy of Forensic Sciences (Associate). Electronic address:

There is a controversy in child abuse pediatrics between an established corps of child abuse pediatricians aligned with hospital colleagues and law enforcement, and a multi-specialty challenger group of doctors and other medical professionals working with public interest lawyers. The latter group questions the scientific validity of the core beliefs of child abuse pediatricians and believes that there are a substantial number of false accusations of abuse occurring. An unproven primary hypothesis, crafted around 1975 by a small group of pediatricians with an interest in child abuse, lies at the foundation of child abuse pediatrics. Read More

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January 2016

Promoting Justice and Autonomy in Public Policies to Reduce the Health Consequences of Obesity.

Authors:
David R Buchanan

Kennedy Inst Ethics J 2015 Dec;25(4):395-417

Public policies to reduce the extent of obesity in the United States have generated considerable public controversy. The paper examines the implications of proposed policies for the principles of justice and autonomy and key assumptions underlying the major contending positions with respect to the relative weight that should be assigned to them in balancing their respective claims. The analysis traces the crux of the debate regarding the ethical warrant for policies to restrict access to calorie-dense foodstuffs to two key issues: the appeal to different and conflicting theories of justice, and the conflation of autonomy with negative liberty in public debates. Read More

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December 2015

Research ethics in the dynamic of scientific field: challenges in the building of guidelines for social sciences and humanities.

Cien Saude Colet 2015 Sep;20(9):2615-24

Faculdade de Medicina, Universidade Federal do Ceará, BR.

The development of guidelines on research ethics for social science and humanities (SSH) takes place in the scientific field, marked by disputes aimed at the establishment of hegemonic scientific standard. In Brazil, the National Health Council is responsible for approving these guidelines, which involve certain specificities. Based on the authors' experience in the SSH Working Group of the National Commission on Research Ethics (GT CHS / CONEP), this article presents the process of development of guidelines for SSH, and some its challenges: the distance between the statutory guarantee and the effective execution of guidelines; the biomedical hegemony and the marginal position of the SSH in the CEP / CONEP system; the inadequacy of the current resolution facing the research features in CHS; the use of the concept of risk in guidelines aimed at SSH in the health area. Read More

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September 2015

[Differences in psychiatric expertise of responsibility: Assessment and initial hypotheses through a review of literature].

Encephale 2015 Jun 8;41(3):244-50. Epub 2015 Apr 8.

Pôle psychiatrie centre, CHU Conception, AP-HM, Secteur 13G04, 147, boulevard Baille, 13005 Marseille, France.

Introduction: Forensic psychiatric assessment regarding liability ensures a balance between justice and psychiatry. In France, criminal assessment is not contradictory. The psychiatric expert is commissioned by judges to determine whether or not the accused has a mental disorder and specify whether it affects discernment and control of actions at the time of offense. Read More

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The paradox of conscientious objection and the anemic concept of 'conscience': downplaying the role of moral integrity in health care.

Kennedy Inst Ethics J 2014 Jun;24(2):159-85

Conscientious objection in health care is a form of compromise whereby health care practitioners can refuse to take part in safe, legal, and beneficial medical procedures to which they have a moral opposition (for instance abortion). Arguments in defense of conscientious objection in medicine are usually based on the value of respect for the moral integrity of practitioners. I will show that philosophical arguments in defense of conscientious objection based on respect for such moral integrity are extremely weak and, if taken seriously, lead to consequences that we would not (and should not) accept. Read More

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Taking precautionary concerns seriously: a defense of a misused anti-abortion argument.

J Med Philos 2014 Jun 2;39(3):228-47. Epub 2014 May 2.

University of Gothenburg, Gothenburg, Sweden

Abortion critics have argued that one should err on the side of life and prohibit abortion since the status of the fetus is uncertain. David Boonin has criticized this precautionary argument, but his criticism has been ignored. The aim is to elaborate on the precautionary argument by responding to Boonin's criticism. Read More

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Dress codes and appearance policies: challenges under federal legislation, part 3: Title VII, the Americans with Disabilities Act, and the National Labor Relations Act.

Health Care Manag (Frederick) 2014 Apr-Jun;33(2):136-48

Author Affiliations: Fisher & Phillips, LLP, New Orleans, Louisiana (Mr Mitchell); Department of Management and Marketing, East Tennessee State University, Johnson City (Mr Koen); Hunter, Smith & Davis, LLP, Johnson City, Tennessee (Mr Darden).

As more and more individuals express themselves with tattoos and body piercings and push the envelope on what is deemed appropriate in the workplace, employers have an increased need for creation and enforcement of reasonable dress codes and appearance policies. As with any employment policy or practice, an appearance policy must be implemented and enforced without regard to an individual's race, color, sex, national origin, religion, disability, age, or any other protected status. A policy governing dress and appearance based on the business needs of an employer that is applied fairly and consistently and does not have a disproportionate effect on any protected class will generally be upheld if challenged in court. Read More

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From gun politics to self-defense politics: a feminist critique of the great gun debate.

Violence Against Women 2014 Mar 30;20(3):369-77. Epub 2014 Mar 30.

University of Toronto, Mississauga, Ontario, Canada.

This article calls attention to a problematic binary produced by public debates surrounding gun rights and gun control-namely, that women must choose armed self-protection or no self-protection at all. I argue that both anti- and pro-gun discourses, drawing on and reproducing race and class privileges, use assumptions about women's physical inferiority to further their agendas. I highlight how both sides have used guns as the proxy for self-defense and conclude by calling for a shift in public discourse to focus on the broader question of the right to self-defense rather than the narrower question of gun rights. Read More

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Topographies of forensic practice in Imperial Germany.

Authors:
Eric J Engstrom

Int J Law Psychiatry 2014 Jan-Feb;37(1):63-70. Epub 2013 Oct 12.

Department of History, Humboldt University, Unter den Linden 6, 10099 Berlin, Germany. Electronic address:

This article examines the topography and "cultural machinery" of forensic jurisdictions in Imperial Germany. It locates the sites at which boundary disputes between psychiatric and legal professionals arose and explores the strategies and practices that governed the division of expert labor between them. It argues that the over-determined paradigms of 'medicalization' and 'biologization' have lost much of their explanatory force and that historians need to refocus their attention on the institutional and administrative configuration of forensic practices in Germany. Read More

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September 2014

Managing uncertainty in the academy and the courtroom: normal arsenic and nineteenth-century toxicology.

Isis 2013 Jun;104(2):197-225

Institute for the History of Medicine and Science "López Piñero," Palau Cerveró, Plaça Cisneros, 4, 46003 Valencia, Spain.

This essay explores how the enhanced sensitivity of chemical tests sometimes produced unforeseen and puzzling problems in nineteenth-century toxicology. It focuses on the earliest uses of the Marsh test for arsenic and the controversy surrounding "normal arsenic"--that is, the existence of traces of arsenic in healthy human bodies. The essay follows the circulation of the Marsh test in French toxicology and its appearance in the academy, the laboratory, and the courtroom. Read More

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[Governance of drug advertising control: assessment of misleading advertising penalties].

Authors:
R Chakroun

Rev Epidemiol Sante Publique 2013 Apr 6;61(2):95-104. Epub 2013 Mar 6.

Pôle universitaire Saint-Jean-d'Angély, institut d'administration des entreprises, université Nice-Sophia-Antipolis, 24 avenue des Diables-Bleus, 06357 Nice cedex 04, France.

Background: Loyal promotion of the pharmaceutical industry has been challenged by stakeholders. Drug advertising is the easiest point to assess. Based on the agency theory, our objective was to describe the governance of advertising control when it was misleading and the terms of penalties within the framework of the contradictory process between the industry and the regulatory authorities. Read More

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Is fever a predictive factor in the autism spectrum disorders?

Med Hypotheses 2013 Apr 8;80(4):391-8. Epub 2013 Feb 8.

Ilion Socio-Medical Center, General University Hospital "Attikon", Athens, Greece.

Autism spectrum disorders (ASD) display such a marked increase in recent decades that researchers speak of "epidemic outbreak" of the disease. Although the diagnostic framework has been expanded and thus more disorders now fall within the autistic spectrum, no one disputes the increased incidence of autism in modern societies, making it a major public health problem. On the other hand, heterogeneity is a major feature of the disorder, both in terms of the etiopathogenesis as well as to the phenotypic expression, natural history and evolution. Read More

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When experts disagreed, who was correct? A comparison of PCL-R scores from independent raters and opposing forensic experts.

Law Hum Behav 2012 Dec 20;36(6):527-37. Epub 2012 Feb 20.

Sam Houston State University, Huntsville, TX, USA.

Researchers recently found that Psychopathy Checklist-Revised (PCL-R; Hare, 2003) scores reported by state experts were much higher than those reported by defense experts in sexually violent predator cases pursued for civil commitment (Murrie, Boccaccini, Johnson, & Janke, 2008), which raised the question of which scores were more accurate. In this study, two independent raters rescored the PCL-R from file review for 44 offenders from that sample who had opposing evaluator scores (allegiance cases) and 44 who had state expert, but not defense expert, scores (comparison cases). The independent raters agreed with one another in their scoring of the allegiance and comparison cases (Intraclass Correlation Coefficient [ICC] ICCA,1 = . Read More

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December 2012