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PubMedDate not supplied

Qualitative assessment of training programs for alcohol servers and establishment managers.

OBJECTIVE: In an attempt to reduce the societal burden associated with alcohol-related problems such as underage drinking and drunk driving, some local communities and state governments mandate training programs for employees of establishments that serve or sell alcoholic beverages. This study was designed to assess the available training programs for employees and managers and to identify states that either mandate training programs or encourage them by reducing establishments' legal liability. METHODS: Training programs were identified through the Internet, key informants, and the research literature. Three researchers independently rated each of 22 local and national programs across 10 categories. In addition, the authors surveyed alcoholic beverage control agencies and legislative research bureaus in the 50 U.S. states. RESULTS: The results show that training programs are not standardized and vary widely in content, use of behavior change methods, and production quality. Most programs targeted waitstaff and bartenders. Only one program exclusively targeted owners and managers. CONCLUSIONS: National standards must be developed for training programs for servers, managers, and owners.

Adolescent↗
PubMed1976

[Malpractice in psychotherapy].

Two cases of malpractice in psychotherapy are described. In one case there was a psychiatrist involved, in the other a non-medical psychotherapist. The legal aspects of malpractice in the view of Swiss legislation are shortly discussed. A legal liability for damages caused by the psychotherapist might arise if the following conditions are fulfilled: A deviance from the generally accepted standards of care in psychotherapy, a damage to the patient as a consequence of this deviance and a negligence on the part of the psychotherapist. Furthermore, there has to be an adequate causal nexus between malpractice and damage done to the patient. By some case reports the author tries to exemplify what can be understood by the term of generally accepted standards of care in psychotherapy.

Depression↗
PubMed1995

Tort reform and malpractice liability insurance.

Legal factors related to the malpractice liability insurance purchased by general dentists in the United States were investigated using a comprehensive multivariate model that assessed the contribution of legal provisions affecting the probability of a malpractice claim, the probability of a payment, and the average size of the payment. General practice dentists in the United States were selected randomly, and 3,048 dentists were studied by mail survey. A number of legal statutes (periodic payment allowed, percentage fault liability informed consent limits, limits on res ipsa loquitor, attorney fee control, some statute of limitations provisions) had the intended effect of reducing the malpractice insurance sought by dentists. Other provisions, such as binding arbitration, may have unintended cost-raising effects. Previous malpractice claims were associated with purchasing greater amounts of insurance. These findings have implications for future changes in the legal system as part of health care reform.

Dentistry↗
PubMed1999

Collaborative physician-patient planning and professional liability: opening the legal door to unconventional medicine.

This article explores the possibility of using collaborative planning between physicians and patients to minimize disputes and litigation regarding complementary and alternative medicine. It argues that collaborative planning changes the context for understanding professional liability, moving it from tort concepts that rest upon standards of care to a contract model that rests upon the doctrine of assumption of risk. The article also suggests that the premises of mutual decision making can benefit conventional medical practice in general.

Complementary Therapies↗
PubMed2003

Regulation of occupational exposures in China.

The recent passage of the Occupational Diseases Prevention and Control Act of 2002 (ODPCAct) in China and the new occupational exposure limits signify the Chinese government's commitment to improve the environment of the workplace and to eradicate preventable occupational diseases. The effectiveness of the ODPCAct, however, will depend on not only implementation and enforcement but also education and communication. For large industrial facilities, implementation of the new regulations can be enforced with periodic monitoring and inspections. The difficulty will come from small makeshift or crudely converted workshops in villages and small towns in rural areas. The challenge will be to reach out to these small workshop owners and workers, i.e., to communicate and inform them about the newly promulgated regulations, the business owners' legal responsibility and liability, and the workers' right to a safe workplace. Attention and resources should be focused on educating both shop owners and workers about the hazards of the chemicals that they use, basic requirements for a safe workplace, preventive measures, and controls to reduce exposures.

China↗
PubMed1994

Suicide litigation: from legal to clinical wisdom.

Literature on legal aspects of suicide prevention is reviewed to focus on fundamental issues of care. The legal basis of liability is discussed in the context of risk assessment and risk management of suicidal patients. The "four Ds"--duty, dereliction of duty, damages and direct causation--are illustrated. Standards are described at three levels: of the profession, the court and the individual practitioner. Risk assessment is often confused with prediction; the latter is conceptually unsound, and while the former is more sound it is disappointingly imprecise. Despite reliability problems, risk assessment and appropriate management are important, as life itself is involved. Clinicians should be aware that informed consent requires responsibility for suicide prevention to be shared with patients. Such involvement of patients in self-destructive frames of mind raises complex issues. Management issues of both inpatients and outpatients at acute or chronic risk are discussed. Potential pitfalls for clinicians are outlined. Communications with, and the supervision of, other staff must be carefully considered. Families of vulnerable persons or those following bereavement also merit consideration. Patients are entitled to treatment with dignity and liberty--the latter should not be compromised any more than is essential--even when suicide is a possibility. Balancing these difficult issues may be easier if clinicians have a clear awareness of them.

Australia↗
PubMed1990

Legal risk-management programs in nursing homes: who has them and do they work?

Legal risk-management systems are designed to identify, prevent, or mitigate the negative effects of situations that potentially expose a health care facility and its staff to avoidable legal and financial liability. This article reports findings on the current status of risk-management systems in nursing homes. The relative costs and benefits of such programs are also discussed.

Cost-Benefit Analysis↗
PubMed2004

Clinical trial insurance in a comparative law perspective.

This paper presents the results of a comparative legal study on liability and insurance of clinical trials, including Belgium, France, Germany, the Netherlands, Spain, Switzerland, Sweden and the United Kingdom. In most countries the right to compensation of the trial subject is safeguarded, but the existing regimes show much variety. Seen from the perspective of the trial subject there is no justification for linking the extent of compensation to the object of the trial (involving drugs or not), to the nature of the trial (therapeutic or non-therapeutic) or to the status of the researcher (public entity or not).

Clinical Trials as Topic↗