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The effects of defendant conduct on jury damage awards.

Laws of negligence dictate that jurors' decisions about damages be influenced by the severity of plaintiffs' injuries and not by the reprehensibility of defendants' conduct. The authors simulated an automobile negligence trial to assess whether jurors' decisions are in accord with those expectations. Conduct of the defendant and severity of the plaintiff's injuries were manipulated. Jurors listened to the evidence, completed predeliberation questionnaires, deliberated as a jury, and completed postdeliberation questionnaires. Severity of the plaintiff's injury had a strong impact on damage awards, but evidence related to the defendant's conduct was also influential, particularly when the plaintiffs injuries were mild. Here, jurors with any conduct-related evidence gave larger damage awards than jurors with no conduct-related evidence. Findings suggest an effect of defendant conduct on damage awards that may be mediated by judgments that the defendant was negligent.

Adolescent↗

A devotion to trauma.

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Emergency Service, Hospital↗

[Paget-Schroetter syndrome caused by wrestling].

Upper extremity thrombosis (Paget-Schroetter syndrome) hints already at physical strains with regard to the synonymous term "effort thrombosis". We report two cases of upper extremity thrombosis caused by wrestling. Wrestling as an example of martial arts activity leads to traumatic venous intima lesions with resulting local activation of coagulation as a main reason in pathogenesis of these thromboses. The possibility of a Paget-Schroetter syndrome should be considered in differential diagnosis if upper extremity complaints of unknown origin occur after wrestling matches. This kind of subclavian vein thrombosis should be reported to the accident insurance.

Adult↗

[Fritz König (1866-1952): pioneer of osteosynthesis and his influence on traumatology].

Fritz König (1866-1952) was 1918-1935 ordinary professor of surgery at the University of Wuerzburg. A main interest of his work was the technique and indication of osteosynthesis. Since 1900 he investigated methods (wire suture, intra- and extramedullary splint, external fixator, plate) and materials (ivory, steel; wire, screws). All his life he aimed to standardize the technique of osteosynthesis, to work out and spread clear indications for the surgical treatment of fractures, and to carry his point against the resistance of the social accident insurance caused by bad results of a lot of surgeons. His importance is not based on the invention of a great deal of instruments but on his endeavour for the fundamentals of osteosynthesis.

External Fixators↗

[Risks and injuries of go-karting].

The demands on leisuretime activities are getting more exacting. So trendy sports just like inline-skating, mountain-biking, paragliding, bungee-jumping or driving go karts become increasing popular. On the other side risks and injuries of this fun sports are not enough represented. We observed in a 16 months period 5 serious accidents with go karts. The injuries included bruise of lower leg, a contusion of the stomach with a pancreatic lesion, an instable fracture of the spinal column, a difficult fracture of the knee and upper tibia and a large sized burnwound. The mean hospitalization time was 32,5 days (17-54 days) and the average age of the patients 27,7 years (9-45 years). The lack of safety devices and the subjective inexperience make go kart driving a dangerous fun. The TUV worked out guidelines for security of indoor kart centres but they don't have any legal liability in case of injury. Therefore everyone carrying out fun sports like go kart driving should be aware of the dangers and should gather information whether the accident insurance will help out in case of injury.

Adolescent↗

[Reciprocal influence of jurisprudence and medicine in Switzerland, exemplified by ophthalmology].

Through judgements, the legal system influences medicine and insurance matters strongly, sometimes in a positive way, but sometimes by judgements, which seem to be wrong to the medical expert. Certain institutions lead to the effect that cases are being prevented from judgement by the court and by enactment. This has advantages and disadvantages. Two examples of judgements, having enacted new law are described: 1. The "Cataract Judgement" of the (Swiss) Federal Court of Insurances. This is a prime example of how to come to a correct conclusion without specific medical expertise, namely, that surgery of cataract is a measure for reintegration of the patient (in the sense of the Swiss Law of Invalidity). 2. The judgement of the (Swiss) Federal Court of Insurances, which states that glasses are an aid (in the sense of the Swiss Law of Invalidity), is a model to demonstrate the outcome, if the knowledge of experts is not requested. These facts call for better collaboration between law and medicine. Prevention of legal judgements, which would set precedents, enact new laws, is a disadvantage in points of dispute between patients and medical doctors which are settled outside the court with the guidance of expert opinions of the Swiss Federation of Medical doctors (FMH). The pioneering achievements of the Swiss Academy of Medical Sciences in stating ethical guidelines in delicate matters like organ transplantation, artificial insemination etc. is highly acknowledged, but has the disadvantage of delaying new laws. The Swiss medical doctor had to pass examinations regulated by federal law. There are no examinations after training in specialties, such as ophthalmology.(ABSTRACT TRUNCATED AT 250 WORDS)

Expert Testimony↗

Legal measures in support of prevention in Switzerland.

The Swiss health system results from a balance between federal and cantonal (state) legislation. Federal laws were instituted to combat infectious disease, certain other severe or widespread diseases, and alcohol and drug abuse; for the protection against harmful agents or substances; and on health and accident insurance. Cantonal implementation permits adaptation to local situations. In the case of health protection, this interplay of federal standards setting and cantonal implementation has been generally successful, but situations in the areas of immunization and breast cancer screening are presented, where, in the absence of uniform legislative guidance, cultural and political diversity has led to regionally different approaches. Varying levels of preventive action have resulted in measurable differences in mortality and morbidity. Lessons for other countries are discussed, where decentralization of preventive and health care services is being considered.

Health Policy↗

Occupational health care in small and medium-sized enterprises--introduction of services to craftsmen by using their professional networks.

In order to ensure equality of occupational health care among employees of small and medium-sized enterprises (SMEs) and of larger companies amendments in the regulations of the numerous German accident insurance funds had to be made to provide for full availability of services, as requested by German and European law. According to these amendments, sectors formerly exempted due to small size and due to lack of an adequate number of qualified personnel, had to be covered by occupational health care. In order to reach this target group new strategies of care delivery had to be developed, making use of pre-existing infrastructure and networks. In Germany, district trade association (Kreishandwerkerschaften) have proved to be very effective for introducing occupational safety and health care into SMEs by either hiring external multidisciplinary services or by establishing a common service to be used by all associated crafts establishments. In a study conducted by the Federal Office for Health and Safety at Work in 1996 (Boldt, Gille, & Grahl, 1997), 7 district trade association were looked at in detail for their strategies. The results were discussed and supplemented in a 2-day workshop.

Adult↗

Redistributive effects of the Swedish social insurance system.

BACKGROUND: Four principles are used to distribute payments via the Swedish social-insurance system in cases of temporary or permanent illness and death. This paper studies the redistributive effects on income of these four principles. METHODS: The analysis is based on aggregate social-insurance data from the 25 municipalities that comprise Stockholm County in Sweden. For nine different types of social-insurance payments based on the four principles, the degree of income redistribution is measured according to concentration indexes and differences between Gini coefficients with social-insurance payments excluded and included. RESULTS: The concentration indexes for payments from the nine social-insurance schemes in total is -0.0469. The Gini coefficient falls from 0.0437 excluding insurance payments (i.e. for income only from gainful work, IGW) to 0.0379 when including insurance payments with income from gainful work (IGW + TP). That is, the Gini coefficient is 15% lower when insurance payments are included. Decomposition by payment shows that the largest redistribution effect on income inequality is made by disability pension. CONCLUSION: Municipalities with low average income are favoured by the Swedish social-insurance system. Payment principles can be ranked according to their redistributive capacity: mix of compensating-lost-income and flat-rate, compensating-lost-income, means-testing, flat-rate, and need-based respectively. The nine social-insurance schemes contribute very differently to income redistribution. Disability pension and sickness allowance contribute most to income redistribution and reducing income inequality.

Cost of Illness↗

Occupational health services in Germany and the use of routine data for epidemiology and management: example from the chemical industry.

The basis of German legislation concerning safety at work and health protection is the "dual system": The State and the Employment Accident Insurance Funds are responsible for prevention, rehabilitation, and compensation. The employer can select between several types of occupational medical service. BASF--a major chemical company--serves as example. The Medical Information System of the Occupational Medical and Health Protection Department of BASF is an important tool for management decisions, that is with regard to the introduction of employee assistance or wellness programs, for decisions for preventive measures, or for improvement of service management.

Adult↗

Trauma and Hodgkin's disease.

In two patients, Hodgkin's disease developed apparently after a trauma. The relationship between trauma and Hodgkin's disease is discussed. The trauma may be the initiating factor in the development of the pathological process, or it may be a localizing factor in a patient already suffering from Hodgkin's disease. As long as these questions remain unanswered and a causal relationship cannot be excluded, it will be reasonable, if accident insurance problems are involved, to give the patient the benefit of the doubt.

Adult↗

Evaluation of 119 anaesthetics received after investigation for susceptibility to malignant hyperthermia.

A questionnaire was sent to the first 371 patients investigated for MH susceptibility at the Danish MH Register, in order to assess sequelae from the muscle biopsy and possible subsequent anaesthetic complications. The purpose was to evaluate both the safety of anaesthetizing MH-susceptible (MHS) patients without the use of trigger agents, and the safety of giving trigger agents to non-susceptible (MHN) patients. Eighty-eight per cent of patients alive replied to the questionnaire. Of these, 22% complained about discomfort at the site of the biopsy, 2% had experienced problems when needing a subsequent anaesthetic, and 0.9% had had trouble when applying for life or accident insurance. The median observation period for all patients following the muscle biopsy was 5.5 years (range 27 months-11 years). During this period, 36 MHS patients had been anaesthetized 52 times (28 general and 23 regional anaesthetics, data missing in one case) without any MH-related complications. None of the patients had received prophylactic dantrolene. Three MHE patients had received non-trigger anaesthetic agents on three occasions without development of MH. Thirty-five MHN patients had been anaesthetized 64 times, and 13 of these MHN patients had received trigger agents 26 times without any signs of MH. An estimate of the probability of clinical MH developing in MHN patients subsequently anaesthetized with trigger agents was found to be 0-24.7% (95% confidence limits), whereas the probability of clinical MH developing in MHS patients anaesthetized with non-trigger agents was 0-9.7% (95% confidence limits).

Adjuvants, Anesthesia↗

Professional negligence.

In the last 5 years there has been an extraordinary increase in negligence actions against South Australian ophthalmologists. This paper considers the reasons, in particular those changes in the interpretation of the law which have made doctors vulnerable. Medical practice needs to be modified if doctors, especially surgeons, are to protect themselves, but the appropriate changes may not be in patients' best interests. The law of negligence is said to be on the brink of collapse and the Australian situation offers an interesting contrast to New Zealand's no-fault accident insurance scheme.

Attitude↗

Human studies.

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Ethics, Medical↗