Sexual harassment may be insidious and may continue after termination. Smith v. St. Louis University.
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Adult↗
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Results for “Liability, Legal”
Search indexed PubMed citations on genomics, clinical trials, systematic reviews and public health. Explore titles, authors and supplied subject terms, then open the PubMed record.
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Liability of commercial and social hosts for alcohol-related injuries: a national survey of accountability norms and judgments.
Legal standards for liability of commercial sellers and social providers of alcoholic beverages are affected by social norms concerning accountability and responsibility. Using a nationwide probability sample telephone survey of 7,021 U.S. residents, we conducted a randomized experiment in which each subject was asked to respond to multiple vignettes. The vignettes told stories of drinking situations, systematically varying dimensions concerning age of drinker, commercial versus social settings, amount of alcohol consumed, history of previous behavior, and seriousness of damage or injury following drinking. Analyses involved linear mixed (i.e., random effects) model regressions, using responses to vignettes as the outcome variable, controlling for a series of sociodemographic, behavioral, and attitudinal measures. Results showed that age of drinker (young), setting (bar), and previous behavior (history of irresponsibility) were most strongly associated with harsher judgments of civil liability. Citizens' multiple standards for assigning legal liability and implications for public policy are discussed.
Journal Article↗
The chief nurse officer as a board member: membership duties.
This series will explore the different types of governing bodies, with their attending responsibilities, on which chief nurse officers serve. A comparison of the administrative nature of the governing body with executive management will be described relative to legal, risk management, ethical, and liability concerns. Exploration of potential and actual conflicts that nurse executives who are board members may confront will also be highlighted. Chief nurse officers, who are board members, will discuss the required investments and benefits of board membership.
Governing Board↗
Vicarious liability. Independent medical staff member may be agent of hospital. McCorry v. Evangelical Hospital Corporation.
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Back Pain↗
[Responsibility in medical collaborations and care establishments].
Criminal Law and Civil Law--that have a general application require personnel misconduct. However, the criminal liability of legal entities is now provided by the law. Public law only deals with the liability of the establishment as a consequence of a fault of the administrative service or of a personnel misconduct. The liability of the closest collaboration of the surgical team (Surgeon, Anaesthesist...) used to be transferred onto the surgeon. The liability of the surgeon is now autonomous but the latter still have a general duty of supervision. There is a wider application of collaboration. One is still liable for his faults but their is a duty of vigilance on partners together with a duty of mutual information of the medical practitioners who successively intervene. There is also a new liability for the lack of mobilisation of adequate skills. Curing Establishments are now considered as partners of the medical agreement and are often sued in case of deficiency of the organisation of medical attendance. The nursing homes shall have now to control the quality of the medical activity.
France↗
[Liability in ambulatory surgery from the legal viewpoint].
According to the act to the structural reform of the public health service from Jan. 1, 1993, every hospital may do surgery on outpatients without a specific license. The legal basis for the outpatient surgery ares sec. 39, 115b SGB V. Additionally, there are two contracts containing three pages between the health insurances, the society of German hospitals and the German association of panel physicians. The legal requirements for ambulant surgery regarding the liability are written down in contracts where surgery has to meet a specialist's quality. There are certain risks during the care after surgery. The patient has to be informed about kind, extend and technique of the surgery.
Ambulatory Surgical Procedures↗
Consent form is not an enforceable contract and may be modified verbally. Kovacs v. Freeman.
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Contract Services↗
[Legal aspects of ambulatory surgery in the hospital--treatment standard, choice of method, team liability, pre- and post-hospital cooperation].
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Ambulatory Surgical Procedures↗
Perinatal litigation and related nursing issues.
Obstetric and neonatal nurses are expected to provide an abundance of guidance, support, monitoring, and education to women and their babies during and after delivery. Nurses should adhere to standards of professional nursing practice. This will ensure that optimal and safe care is provided for the mother and fetus or neonate. Perinatal nurses are vulnerable to litigation should complications occur. Perinatal nurses are responsible for providing routine assessments as well as initiating and performing emergency interventions. This includes recognition of the symptoms of complications in the mother and the neonate, resuscitation, and activation of the emergency system. Occasionally, nurses are obliged to question the practice of other health care providers. Although perinatal nurses continue to be at risk for malpractice vulnerability, risk reduction techniques are available to them. This article provides the nurse with knowledge of legal proceedings and strategies to reduce liability when caring for pregnant women and newborns.
Humans↗
Case commentary--Bass v. Barksdale: implications for public health and home care nurses.
A recent malpractice case involved public health nurses. Given the legal issues based on this case, recommendations can be made to help ensure legal accountability, improve practice, and minimize liability risk. Areas of concern include doctor's orders and communication relating to telephone orders, the nurse's accountability to the client, documentation and patient teaching, the physician's duty to supervise the nurse, and corporate negligence. The court's analysis of the facts in finding areas of liability can guide nurses in avoiding malpractice litigation.
Community Health Nursing↗
Gold v. Haringey Health Authority, 14 April 1987.
The plaintiff, who became pregnant and gave birth to her fourth child after having been sterilized by the defendant health authority, brought an action for damages for negligence against the defendant. She claimed that the defendant had not warned her of the risk of failure and that a statement made to her that the operation would be "irreversible" constituted negligent misrepresentation. The Court of Appeal reversed a lower court decision awarding damages. It held that the defendant's failure to warn of possible failure did not constitute negligence, but met the required standard of care, because at the time of the operation a substantial body of responsible doctors would not have made a warning. It also ruled that the defendant's statement could not be viewed as a "representation" either expressed or implied that the operation would be a success.
Developed Countries↗
Biles v. North East Thames Regional Health Authority and Another, 30 October 1987.
The plaintiff was a woman who had been sterilized as a teenager after her physician had wrongly told her that having a baby could kill her. The defendant admitted negligence, but contested the amount of damages. The Court ruled for the plaintiff and awarded damages for probable permanent infertility, for the physical pain and suffering endured in various operations and examinations undergone to try to help the plaintiff conceive, and for scarring as a result of the sterilization. It also awarded damages for impairment of sexual function, for emotional pain and suffering, and for future expenses for in-vitro fertilization and psychotherapy and psychosexual therapy.
Adolescent↗
Professional liability as a new problem in the practice of medicine.
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Humans↗
MALPRACTICE AND PROFESSIONAL LIABILITY.
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Humans↗