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Civil liability arising from "wrongful birth" following an unsuccessful sterilization operation.

This Article examines the question of civil liability arising, both in tort and in contract, as a result of the "wrongful birth" of a child following an unsuccessful sterilization operation. After a general overview of the concept and background of wrongful birth, the Article deals with tort liability in a sterilization-wrongful-birth action, suggesting in particular that there are four stages in the sterilization process at which a physician's conduct may fall below the standard required by law, and discussing the effect of negligence at each of the four stages. The alternative claim for breach of warranty is then examined, with emphasis on the practical difficulties involved in establishing contractual liability in this type of case. Finally, the Article discusses public policy and assessment of damages issues involved in the wrongful birth action, and evaluates the merits of some of the arguments that have been advanced under these headings--particularly the "overriding benefit" theory--to defeat claims for wrongful birth.

Child↗

Is nonmetropolitan America being repopulated? The evidence from Pennsylvania's minor civil divisions.

We analyze population change and net migration, by age and sex, from 1940 to 1970, for 1,834 Nonmetropolitan Pennsylvania Minor Civil Divisions (MCD's) classified by residence, population potential, socioeconomic status, and distance from metropolitan centers. Our analysis indicates, as expected, reconcentration of residents from both urban and remoter nonmetropolitan localities into exurban peripheries 25 to 35 miles for metropolitan centers. Since 1960, however, a "turnaround" appears in many truly rural tracts, which have been experiencing an influx or retention of persons 35 years of age and older. Statistical explanations are strongest for males in poor, isolated places, weakest for more accessible, socioeconomically advanced places and their female inhabitants. Throughout the study period and area, nonurban MCD's register more positively than the rural.

Adolescent↗

Civil Service Retirement System annuitants and Social Security.

This article examines the extent to which annuitants of the Federal employee Civil Service Retirement System (CSRS) are entitled to Social Security benefits. It is based on linked administrative data files from the two systems. Ninety-one percent of all those receiving CSRS annuities in 1979 had worked at some point in their careers in jobs that were covered by Social Security. Almost 80 percent of the annuitants aged 65 or older were entitled to Medicare benefits. Of those aged 62 or older, 73 percent were entitled to Social Security cash benefits, including 10 percent who were entitled only as spouses or survivors of workers covered under Social Security. About 39 percent of the female annuitants aged 62 or older were entitled to benefits as wives or widows of workers, including some who were also insured for benefits based on their own earnings. The average combined benefit for those with Social Security was +845 among annuitants aged 62 or older. For those receiving only CSRS annuities, the average was +959. Those not entitled to a Social Security benefit tended to have more years of Federal service and higher annuities than did those entitled to both a Social Security benefit and a CSRS annuity.

Age Factors↗

The consequences of in-flight incapacitation in civil aviation.

Aviation medical standards world-wide place much emphasis upon the cardiovascular (CV) status of the individual. This is justified, especially in the Western world, because of the high incidence of CV disorders in the population and their likely similar occurrence in the aircrew peer group. These standards do not in general require the demonstration of any objective short fall in performance, but rather guard against a potential threat, that of sudden incapacitation. However, some observers have sought to question whether or not this threat and its potential consequences is as great as it might appear and to quantify the risks. We have now carried out and analysed over 1,300 closely observed simulator exercises, using two protocols, in which sudden and subtle incapacitation has been programmed to occur to the handling pilot at a critical phase of flight. The results have been assembled and extrapolated with the recorded incidence of sudden incapacitation in flight in civil airline operations so the actual degree of risk can be identified. Conclusions can be drawn from this on the relevance of present cardiovascular standards and suggestions for improvement are made.

Accidents, Aviation↗

Civil liability in the field of biomedical engineering and medical physics.

The article deals with the protection the law provides against risks emanating from the use of biomedical equipment. After a brief discussion of public safety regulations, it turns to civil liability for damages involving patients or other persons. Doctors and hospitals using or failing to use biomedical equipment can be held liable for negligent conduct only. The standards of care to be observed in biomedical engineering are thus explained, as is the correct use of the equipment, the safety precautions to be taken, and the expertise of the operator. Another very important subject of the article is the liability of the manufacturers of biomedical equipment. Finally, the extremely difficult question is discussed as to what extent doctors and hospitals are obliged to acquire new but very expensive equipment, and what are the economic limits of this obligation.

Biomedical Engineering↗

Are lean smokers at increased risk of lung cancer? The Israel Civil Servant Cancer Study.

BACKGROUND: Whether leanness is related to an increased risk of lung cancer is controversial. OBJECTIVE: To examine the association of leanness with lung cancer incidence in a sample of Israeli men. METHODS: The 23-year lung cancer incidence (1963 through 1986) was determined by linkage to the Israel Cancer Registry in 9975 male civil servants aged 40 through 69 years at initial examination in 1963. In 198,298 person-years of follow-up, 153 cases of lung cancer were identified. In 1963, body mass index (BMI) and cigarette smoking status were determined; in the 1968 reexamination, lung function tests were performed and BMI was reassessed. RESULTS: Adjusted for age, smoking, and city by Cox regression, BMI was exponentially inversely related to lung cancer incidence, with a relative risk of 2.3 (95% confidence interval [CI], 1.4 to 3.8) comparing the lowest fifth of BMI (< 22.93 kg/m2) with the highest. The association was evident in light, moderate, and heavy smokers. Among smokers, the adjusted relative risk was 3.7 (95% CI, 1.9 to 7.3) for the lowest fifth of BMI. The associations were stronger for men in the lowest 10th of the BMI distribution (< 21.38 kg/m2). Controlling for lung function did not materially change the results. The adjusted population-attributable fraction associated with the lowest fifth of BMI among smokers was 20.4% (95% CI, 10.1% to 29.9%). Survival analysis showed that the association of BMI with lung cancer persisted throughout follow-up. CONCLUSIONS: The association shown between thinness and lung cancer incidence, particularly in smokers, was not attributable to the confounding factors studied, preclinical weight loss, or competing risks. Thinness in smokers may lead to, or may reflect, enhanced host susceptibility.

Adult↗

[Seroprevalence of hepatitis C virus antibodies in obstetric patients at the Nuevo Hospital Civil de Guadalajara].

The hepatitis C virus is the predominant cause of parental transmission of hepatitis. The importance to recognize the prevalence of this virus in obstetrics patients is the possible vertical transmission of mother to child which has been reported by various authors. The objective of this investigation was to determine the presence of antibodies of the hepatitis C virus in the obstetrical population of the Nuevo Hospital Civil de Guadalajara. Selection was made at random; questionnaires were applied to identify factors of associated risks. Of the 244 patients studied, the prevalence was found in 2% (n = 5). The only risk factor closely related was previous blood transfusion (P < 0.00004964) with a relative risk of 29.6 for the obstetrics population with previous transfusion.

Adolescent↗

[Is the psyche antiquated? A typology of psychotherapeutic critique of civilization in the works of Alexander Mitscherlich].

In the oeuvre of the psychotherapist Alexander Mitscherlich, one of the founding-fathers of psychosomatic medicine in post-war Germany, three basic types of critique of civilization can be identified. They each imply a specific conception of the relation between modernity and psychological disorder. Mitscherlich's ideas on the topic have evolved in a manner consistent with his appropriation of psychoanalysis and his confrontation with the causes and consequences of human behaviour during the time of national socialism.

Germany↗

Explanatory factors for the geographic distribution of U.S. civil aviation mortality.

BACKGROUND: State-specific aviation-related mortality rates differ substantially between various geographical regions of the United States. PURPOSE: The purpose of this study was to ascertain important explanatory factors that account for the geographical distribution of mortality. METHODS: National Center for Health Statistics sources were used to calculate state-specific, age-adjusted mortality rates. Fatalities studied were those attributed to select civil aviation-related causes (ICD-9 E-codes 840.2-.6, 841.2-.6, 842.2-.6) that occurred from 1979-89. State-specific information on a variety of selected variables was obtained from census, commerce, and Federal Aviation Administration (FAA) sources. Multiple linear regression techniques were used to assess the relationship between selected variables and state-specific mortality rates. RESULTS: There were 13,048 deaths for a U.S. 11-year mean mortality rate of 4.9 deaths/1,000,000 general population. Mountainous states of the western U.S. had the highest 11-year mean mortality rates (range 8.6-79.6 deaths/1,000,000). Mid-Atlantic states had the lowest rates (range 1.6-2.9 deaths/1,000,000). Regression analysis identified pilot density (number of pilots per 1,000,000 general population), top elevation (highest point of land within state boundaries), and flight intensity (number of general aviation flight hours flown per pilot) as important factors in explaining 92% of state mortality differences. CONCLUSIONS: Highest aviation-related mortality rates are found in states with expanses of mountainous terrain, and relatively high pilot densities and flight activity levels.

Accidents, Aviation↗

Civil responsibility for driving under the influence of pharmaceutical drugs in Germany.

The dangers of medication for traffic safety have been vastly underestimated in modern society. The widespread and ever-growing use of medical drugs - in particular psychopharmaca - without a thought given to how these drugs may affect the ability to drive a car, gives a clear indication that it is time to take a close look at the problem. This article focuses on the civil liability under German law for traffic accidents resulting from the use of medication. Basically, three potential defendants come to mind when one searches for addresses of claims for damages. Apart from the driver himself or herself, these are the doctor who prescribed the drug and the manufacturer who manufactured the drug. This article argues that - at least from a German law perspective - in many cases it will ultimately make more sense to include the doctor (on a negligence liability theory) and the drug manufacturer (on a strict liability theory) as defendants in an action for damages than merely to go after the obvious perpetrator, namely the driver.

Automobile Driving↗

The paradoxical increase in involuntary admissions after the revision of the Civil Commitment Law in Belgium.

The revision in 1990 of the Mental Health Commitment Law in Belgium, which was initially intended to decrease the use of civil commitment, has resulted in a paradoxical increase in involuntary hospital admissions. To understand the reasons for this increase, the relative importance of the various factors involved, notably the criteria of mental illness, dangerousness and clinical treatability, is examined.

Belgium↗

[Neck trauma in civil practice: a 16-year experience].

In spite of their seriousness, neck traumatism still are an unknown pathology. In a 16 years old hospital practice we have recorded 27 cases of neck traumatism. They concern, mainly, male adult. Accidental circumstances deal only with civil practice. The vulnerant agent is white weapon in 63% of the cases either in a suicide or aggression purpose. Because it occurs, mainly, with white weapons, penetrating wounds are more frequent (85%). Exploration cervicotomy has been indicated for 23 patients. But it was effective for only 22 patients. In 83% of cases surgery occurred in the first 48 hours delay. It permitted to find out a 78% score of aero-digestive tracks, and about 22% of vascular injury. We have recorded two death cases. One of them was noticed after surgery. These 27 cases do not, indeed, reflect the reality. Many people who died immediately after their accident may have undergone unseen neck traumatisms. By the same way, numbers of "closed" internal neck traumatisms have been misknown in the hospital. We, thus, suggest a reorganisation of surgical and medical emergencies in Senegal.

Adolescent↗

Health status of displaced persons following Civil War--Burundi, December 1993-January 1994.

In Burundi (1990 population: 5.7 million), located in central-east Africa, seasonal epidemics of dysentery caused by Shigella dysenteriae type 1 (Sd1) have been documented each year since 1980. The assassination of the president of Burundi on October 21, 1993, resulted in widespread violence involving major tribal groups. By December, an estimated 130,000 persons had become displaced within the country, and approximately 683,000 persons had fled to Rwanda, Tanzania, or Zaire. Many displaced persons fled from rural areas to villages and towns; sanitation in these areas became inadequate as a result of the rapid influx of many persons. Because the civil war disrupted government services, the national routine disease surveillance system ceased to function in November. To assess the health status of displaced persons, rapid surveillance systems were established at sentinel sites throughout Burundi and in refugee camps in Rwanda. This report summarizes findings from these surveillance activities during December 1993-January 1994.

Burundi↗

Competency, civil commitment, and the dangerousness of the mentally ill.

The purpose of this study was to assess if a relationship exists between the nature of an individuals criminal charges and the finding of fitness among defendants evaluated at the Forensic Psychiatry Clinic servicing Manhattan. We examined the records of 354 defendants referred to the Forensic Clinic from the New York Criminal and Supreme Courts for a competency to stand trial evaluation. We reviewed their charges in light of the finding of competency. Incompetent defendants were most often accused of misdemeanors rather than felonies and of non-violent rather than violent crimes. Perhaps individuals who are thought to be psychiatrically disturbed get detained by the police on trivial charges so as to get them off the streets. Deinstitutionalization and civil commitment laws are considered as contributing factors and their impact is discussed.

Adult↗

High-velocity penetrating wounds of the gravid uterus: review of 16 years of civil war.

OBJECTIVE: To evaluate the value of selective laparotomy in pregnant women with penetrating abdominal injuries. METHODS: A retrospective survey was carried out at our center over 16 years of civil war, extending from 1975 to 1991. Fourteen pregnant women had uterine injuries secondary to high-velocity abdominal penetrating trauma. The corresponding management was evaluated carefully with respect to maternal and fetal outcomes. RESULTS: Two maternal deaths occurred, neither resulting solely from intra-abdominal injuries. Visceral injuries were present when the entrance of the missile was in either the upper abdomen or the back. When the entry site was anterior and below the uterine fundus, visceral injuries were absent in all six women upon surgical exploration. Perinatal deaths occurred in half of the cases and were due to maternal shock or uteroplacental or direct fetal injury. Immediate cesarean delivery was performed because of either limited surgical field exposure, fetal injury, or distress. Three patients explored were managed by delaying delivery. All later delivered vaginally with successful fetal outcomes in all three. CONCLUSION: Selective laparotomy may be considered in pregnant women with anterior penetrating abdominal trauma, as the likelihood of intra-abdominal injuries may be predicted based on the location of the penetrating wound.

Abdominal Injuries↗

How bad is civil commitment? A study of attitudes toward violence and involuntary hospitalization.

Civil commitment statutes throughout the nation authorize involuntary hospitalization for persons who are believed dangerous to others, even though clinicians' ability to predict violence is imperfect. Decision-makers faced with ambiguous evidence about future violence must make either-or decisions about involuntary hospitalization. Such decisions can be characterized as "true positives" (hospitalization of a person who would have acted violently if released), "true negatives" (nonviolent person is not hospitalized), "false positive" (nonviolent person is hospitalized), or "false negative" (person is released and subsequently acts violently). This paper presents two pilot studies of attitudes about false negative and false positive decisions, and explains how Decision Theory can use information gleaned from such studies to establish optimal decision thresholds for initiating involuntary hospitalization. Subjects expressed a broad range of implicit tolerances for false negative and false positive predictions. Though most subjects preferred being hospitalized for three days to being the victim of a knife-wielding attacker, a substantial minority preferred being attacked to being hospitalized. The article briefly explores the practical implications of these findings, which include an implicit endorsement of stringent commitment policies that would release a large fraction of potentially violent persons.

Adolescent↗

Extraction, evaluation, and amplification of DNA from decalcified and undecalcified United States Civil War bone.

Deoxyribonucleic acid (DNA) was extracted from documented skeletal specimens of U.S. Civil War soldiers to determine the need for decalcification prior to extraction. The polymerase chain reaction (PCR) was performed to determine if the calcification state had an effect on the ability to amplify the extracts and to determine how successful amplification would be with these aged specimens. Bone samples were pulverized to a fine powder and divided into two sets. One set of samples was decalcified and the other set left undecalcified. Both sets were extracted using an organic procedure. The results demonstrate that decalcification is not a necessary step in the extraction process and that the yield of DNA is generally two times greater when decalcification is omitted. Furthermore, the calcification state had no effect on the ability to perform the PCR. Although the extracted DNA was very degraded, a 410 base pair (bp) segment of the mitochondrial DNA (mtDNA) control region was amplified. These results suggest that DNA can be extracted and amplified from 125 year old bone without decalcification, which may assist in the identity of modern and historic forensic specimens.

Anthropology, Physical↗

Patterns of alcohol use and abuse among aging Civil War veterans, 1865-1920.

Given the extent of alcoholism among elderly people, it is remarkable how little is known about the biomedical and social dimensions of alcohol use and abuse in late life. In the absence of compelling longitudinal data drawn from contemporary sources, a historical perspective may help to illuminate the incidence and consequences of alcohol abuse among the elderly. Based on a study of 370 case histories drawn from the National Military Home in Dayton, Ohio, which around the turn of the century was the nation's largest old-age home, it appears that alcohol's social ramifications were more important than its pathological or physiological manifestations in late 19th-century America. Drinking habits among aging Civil War veterans varied considerably: moderate consumption was acceptable; too much of a good thing caused problems.

Aged↗