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New legal standards for trustee performance.

Until recently, trustees who acted "in good faith" were not held personally liable for mistakes in judgment. But in two recent cases--Smith v. Van Gorkom and Hanson Trust PLC v. MLSCM Acquisition, Inc.--the courts found directors liable for making hasty, ill-informed decisions regarding ownership issues. The rulings said that when boards make major decisions, they must be able to demonstrate that they approved a fair transaction. They can do this by consulting with senior management and corporate counsel and, if needed, with independent authorities. Boards should obtain pertinent documents to review before making a decision and should have ample time to obtain necessary data. Meeting minutes should document these precautions. In their rulings, the courts did not second-guess the boards' business judgment. Rather, they found that the unprepared directors acted so quickly that they could not have made an intelligent decision. The rulings convey a commonsense message: Trustees who exercise authority without adequate information risk damaging the corporation and its services. As trustees attempt to fulfill their legal obligation to probe and question before approving major actions, tensions with management may arise. Boards and corporate officers, however, must find ways to reach corporate consensus on important decisions while maintaining an appropriate division of authority.

Delaware↗

Reliability of three different brands of adult volume ventilators in a one-year period.

The maintenance records covering a 12-month period for 16 Puritan-Bennett MA-1, 7 Bourns BEAR-1, and 3 Siemens-Elema Servo No. 900-B volume ventilators were compared. The MA-1s had an average of 15,555 hours use prior to the study, compared with 200 average hours on each BEAR and 2,600 on each Servo ventilator. The MA-1s required the least number of repairs and operated longest between repairs, with 18,999 average hours of use per repair, compared with 4,955 hours for the BEAR-1 and 599 hours for the Servo ventilator. The average time required for repair was highest for the MA-1. Most repairs to the BEAR-1 were compressor-related and most were performed in the hospital, as were the repairs to the Servo ventilators. All MA-1 repairs were performed at Puritan-Bennett. The technical advantages of the BEAR-1 and Servo ventilators are convenient, but because of the frequency of repair of these units they are probably more suited to institutions where close supervision and technical backup are available.

Adult↗

Allergic contact dermatitis from oxygen cannulas.

A patient experienced allergic contact dermatitis on two occasions two months apart as a result of wearing the same brand of polyvinyl chloride oxygen cannula. In one instance the cannula was removed and not replaced, as continuing oxygen was unnecessary; on the other occasion the original cannula was replaced by a cannula of another brand. In both cases the dermatitis disappeared after removal of the original cannula. The reaction was probably to a resin remaining in the polyvinyl chloride after the curing process in the manufacture of the plastic from which the cannula was made. Allergic reactions to plastics have been documented in other medical products but have not previously been reported in respiratory therapy plastic appliances. Because of variability in residual resins in different brands and batches of plastics, and because of varying individual sensitivity, therapists and others should be alert to the possibility of allergic contact dermatitis from respiratory therapy devices.

Delaware↗

The relationship between on-the-job accidents and patient-hazard incidents for a group of respiratory therapists during a 5-year period.

Safety has not traditionally been stressed in the health care industry to the same extent that it has been in other industries. This is ironic, because accidents in hospitals may endanger not only employees but patients as well. The safety records of 26 respiratory therapists who had had either on- or off-the-job accidents or who had been involved in patient-hazard incidents over a 5-year period were analyzed. There was a positive relationship between employees' involvement in on-the-job accidents and involvement in patient-hazard incidents. This indicates that, for this group, involvement in an on-the-job accident increased the possibility that an employee would be involved in a patient-hazard incident. Although this does not indicate a cause-and-effect relationship between the two factors, it does show that there was a definite relationship between them. Employees should be counseled for safety violations, not just in general terms but in terms specifically related to therapeutic procedures.

Accident Prevention↗