Medical jurisprudence and gastro-enterological endoscopy.
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Biomedical subjects
Publications and source records attributed to G Bauer.
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The superiority of CT over conventional radiography in demonstrating intra-articular fractures of the os calcis was demonstrated in 34 patients. The advantages consist in being able to demonstrate the joint without superposition and the exact demonstration of the position, size, shape and number of fragments. Shortening or widening of the os calcis can be easily recognized, as well as fractures of the medial or lateral cortex. At the same time it is possible to evaluate soft tissues, particularly the peroneal ligament. The conventional classification of calcaneal fractures has been newly evaluated in the light of the ability to recognize involvement of the joint and the course of the main fracture lines.
Results of a national survey of randomly selected psychiatrists revealed that 51% (N = 131) of the 259 respondents had had a patient who committed suicide. This event had an impact on both their personal and their professional lives. Sixty-five psychiatrists reported stress levels in the weeks following the suicide that were comparable to levels reported in studies of people seeking treatment after the death of a parent. Younger, less-experienced clinicians were more affected by a patient's suicide than older clinicians with more experience. Implications of these results for the training and practice of psychiatrists are discussed.
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Nowadays, in almost all cases of clinical death, there is at least a remote chance of resuscitation, of restoring breathing and circulation by means of modern methods of cardiopulmonary resuscitation. Statistically, there are more cases of cardiocirculatory arrest due to an internal cause than to a traumatic cause. Just as medical activity in general, resuscitation is increasingly discussed in its legal and ethical aspects. The duty to exercise due care and proper qualification require a very specific approach in the case of resuscitation, as the chain of persons potentially involved in life saving stretches from the medical layman to the specialist trained to deal with emergency situations. As opposed to conditions in other countries, in Austria the duty to render aid and assistance as statutory provision of the penal code can be of great importance in such cases. Criteria and definition, especially in the ad hoc establishment of death, assume a special significance in resuscitation. Over the past years, resuscitation measures within the complex of the procurement of death have repeatedly been put up for discussion. Examples from US judicature may help to define the problem more clearly and also to offer solutions for similar cases. Such decisions should essentially be guided by the consideration of the presumed will of the patient who no longer is in a position to exercise the right of self-determination.
Relevant cases that had come to public knowledge and critical analysis of medical research on human beings prompted the USA to introduce the provision of approval by a committee and other forms of administrative control. In the 70's, ethics commissions were set up in Central Europe in compliance with the recommendations of the revised Helsinki-Tokyo Declaration. In Austria, the guiding principles are now legally safeguarded by the Pharmaceuticals Act, whereby general principles of research on human beings such as benefit-risk calculation and consent of the test person are laid down by statute. The risks involved in a novel method of treatment must nowadays be shared by the patient, which presupposes that the patient must be adequately informed. Notwithstanding the patient's consent, however, the risk must be socially acceptable, meaning that the experiment must be scientifically relevant and carried out in compliance with accepted methods and rules. The concept of cumulative justification is demanded today; it consists of the scientist's freedom of research, the test person's right to self-determination and the benefit-risk calculation. Ethics commissions composed of researchers themselves are invaluable consultant bodies for the scientist when soberly viewing his own particular project and who must himself undertake to observe the generally accepted principles regulating research on human beings. Only positive control by the medical profession itself will, in the long run, be able to effectively stave off an ever increasing encroachment of legislative and state control upon medical research.
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An iatrogenic cause of air embolism with a fatal outcome is reported that occurred in a case in which arthroscopy of the knee had been carried out. Even after worldwide use of arthroscopy for many years, this complication has never been seen until now. At autopsy, when air bubbles were observed in the right heart chamber and in the vena cava inferior, only the knee joint was taken into consideration as the air-access route. The access of air was detected by means of arthroscopy on the corpse, combined with a special autopsy technique and shown experimentally. Insufflated air had entered via a fracture of the tibial articular surface and then passed through the spongiosa into the femoral vein. These findings are of far-reaching clinical consequence because the indication for arthroscopy by gas insufflation must be reconsidered again. Finally, the medicolegal aspects of such an incident are discussed.
Deaths that occur during the course of desensitization treatment are regularly analyzed in penal or civil investigations. Abnormal activity of an allergenic extract may also be the cause of the incident, but it is difficult to prove. Today the burden of proof is being reversing in favor of the patient because the legal requirements for drug producers are more specific. Liability to injury and liability of the product are discussed with regard to the legal situation in the Federal Republic of Germany and in Austria. In any case, there is a considerable gray area regarding liability for incidents during desensitization treatment. Because safer medicines are required today, the author is proposing that the duty to notify be intensified by the requirement that mild systemic reactions also be reported to a central registry.
The effects of purified Epstein-Barr virus-inducing serum factor (EIF) on the lymphoblastoid cell line Raji latently infected with Epstein-Barr virus were studied. Activated serum factor was capable of both: cooperating with n-butyrate and/or TPA in inducing synthesis of EBV antigens and triggering cell differentiation towards plasma cell as determined by electron microscopy. It seems therefore that the same serum component was involved in the induction of both phenomena.
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As medico-legal statistics show, compared with other branches of medicine, cases of liability of the radiologist or his assistants are relatively rare. The duty to exercise due care as set out in 6 of the Austrian penal code or 276 of the German civil code also provides a basic rule of law for radiology. Due to the risk inherent in the investigation, incidents during angiography cannot be totally excluded. It is therefore of the utmost importance that all steps be taken with regard to staff, equipment and drugs to deal with any complications and incidents that may arise. The courts of law require the employer to produce the strongest exonerating evidence to prove that the duty to exercise due care in the selection and supervision of the assistants has been duly fulfilled. For the practical execution of radiological investigations of the digestive tract, the radiologist's technical assistant is also responsible; her liability when performing an irrigation is particularly great, as perforation of the intestine is often lethal. The introduction of the rectal tube into the vagina by mistake, with resultant injury or death of the patient, will regularly lead to conviction under penal law.
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Procuring death is in the borderline area between life and death. Nowadays there is general agreement on the validity of the formula that the physician shall not be instrumental in inducing death but only in easing the process of dying. From the medico-legal point of view the problems must be treated in relation to the provisions of criminal law which constitute the physician's legistic field of tension in the situations at issue. From these passages of law emerge some basic principles to be observed by the physician when having to take decisions in borderline cases between life and death. Ranking first is the general prohibition on homicide, which includes the killing of another person at this person's own request as defined in section 77 and aiding and abetting suicide as defined in section 78 of the Austrian penal code. All of these are cases of objective crime, so that in each case the causal connection between the physician's death has to be established. According to Austrian jurisdiction a person incapable of living just as a person dying qualifies as object of homicide. In addition section 78 of the Austrian penal code prohibits any form of participation in suicide.