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At least 919 records · Page 51Linked to original sources
PubMed1989

Complaints and litigation--three years experience at a busy accident and emergency department 1983-5.

Between 1 January 1983 and 31 December 1985, 72 complaints concerning the management of patients attending Accident and Emergency (A & E) Departments in South Glamorgan were received. This represents an incidence of 1 in 3,390 new patient attendances (0.029%). Thirteen cases have to-date involved legal action (1 in 22,895 new attendances). An analysis is made of the nature and management of these cases.

Consumer Behavior↗
PubMed1988

Litigating life and death.

In cases involving the "right to die," courts are faced with the agonizing task of developing legal standards governing termination of an incompetent patient's medical treatment. In this Article, Professor Rhoden criticizes the two dominant approaches courts have developed--the "subjective" and "objective" tests--and proposes that these standards be abandoned for a legal presumption in favor of family decisionmaking. She maintains that the "subjective" test, which requires the family to provide clear proof that termination of treatment is what the incompetent would have chosen, is often unworkable because a patient's character traits, and even her prior statements about medical treatment, seldom rise to the evidentiary level that courts purport to require. Similarly, she argues that the "objective" test, which requires the family to prove that the burdens of the patient's life, measured in terms of pain and suffering, clearly and markedly outweight its benefits, dehumanizes patients by suggesting that only their present, physical sensations count. Professor Rhoden suggests that the subjective and objective tests are not nearly as distinct as courts have made them. She argues that the rigidity of these legal standards reflects courts' acceptance of the medical profession's presumption in favor of continued treatment, a presumption that places a heavy burden on families seeking to terminate treatment. Drawing on the special qualifications of families as decisionmakers in such cases, Professor Rhoden proposes that courts recognize a presumptive right of families to exercise discretion over treatment decisions. Such a standard would recognize that, although doctors and others can readily prove that terminating the treatment of a patient who can still enjoy life is wrong, it is very hard for families to meet the current standards, which essentially require them to prove that termination is right.

Decision Making↗
PubMedDate not supplied

The future role of the "bona fide plan" exemption in ADEA benefits discrimination litigation.

For more than twenty years, administrative agencies have concluded that the ADEA prohibited employers from reducing the level of fringe benefits provided to older employees without proving that the cost of funding the reduced benefits was essentially the same as the cost of the benefits provided to younger workers. In Public Employees Retirement System v. Betts, 109 S.Ct. 2854 (1989), the Supreme Court invalidated this "cost-justification" requirement. Almost immediately, Senator John Heinz (R-Pa.) introduced legislation to overturn the Betts ruling. This article addresses the question of whether, as suggested by Senator Heinz, Betts sanctions "baseless" benefits discrimination, or whether employers should be somewhat more cautious before deciding to eliminate or reduce the fringe benefits provided to their older employees.

Adult↗