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Judgment, 29 January 1988.

The issue before the State Council of France was whether the damages judgment of 20,000 francs set by the lower court for the sterilization (tubal ligation) of the applicant without her consent should be raised. The State Council first noted that the seriousness of the distress suffered by the applicant was mitigated by the possibility of undergoing an operation that would reverse her sterility and by the fact that she had five children. It also noted that the significance of her distress was increased given her young age at the time of the intervention and the mental distress and the family difficulties that she experienced. It increased the damages to 50,000 francs.

Behavior↗

Judgment, 22 July 1987.

The Court held that a husband who, after intensive advice and warning, signs a waiver of his right to contest the legitimacy of a child born through artificial insemination of his wife with the semen of another man must be held to the waiver. It pointed to the extensive counseling received by the husband, concluding that his behavior constituted exceptional circumstances that were against faith and credit, and it noted the difficulties that would be encountered by the child because it would not know the identity of its father. On this basis, it distinguished its decision from the 1983 judgment of the Federal High Court, which had allowed a husband to contest the paternity of a child born through artificial insemination.

Developed Countries↗

Accuracy and reliability of observational gait analysis data: judgments of push-off in gait after stroke.

BACKGROUND AND PURPOSE: Physical therapists routinely observe gait in clinical practice. The purpose of this study was to determine the accuracy and reliability of observational assessments of push-off in gait after stroke. SUBJECTS: Eighteen physical therapists and 11 subjects with hemiplegia following a stroke participated in the study. METHODS: Measurements of ankle power generation were obtained from subjects following stroke using a gait analysis system. Concurrent videotaped gait performances were observed by the physical therapists on 2 occasions. Ankle power generation at push-off was scored as either normal or abnormal using two 11-point rating scales. These observational ratings were correlated with the measurements of peak ankle power generation. RESULTS: A high correlation was obtained between the observational ratings and the measurements of ankle power generation (mean Pearson r=.84). Interobserver reliability was moderately high (mean intraclass correlation coefficient [ICC (2,1)]=.76). Intraobserver reliability also was high, with a mean ICC (2,1) of.89 obtained. DISCUSSION AND CONCLUSION: Physical therapists were able to make accurate and reliable judgments of push-off in videotaped gait of subjects following stroke using observational assessment. Further research is indicated to explore the accuracy and reliability of data obtained with observational gait analysis as it occurs in clinical practice.

Adult↗

Large sexual-orientation-related differences in performance on mental rotation and judgment of line orientation tasks.

This study examined the performance of heterosexual and homosexual men and women on 2 tests of spatial processing, mental rotation (MR) and Benton Judgment of Line Orientation (JLO). The sample comprised 60 heterosexual men, 60 heterosexual women, 60 homosexual men, and 60 homosexual women. There were significant main effects of gender (men achieving higher scores overall) and Gender x Sexual Orientation interactions. Decomposing these interactions revealed large differences between the male groups in favor of heterosexual men on JLO and MR performance. There was a modest difference between the female groups on MR total correct scores in favor of homosexual women but no differences in MR percentage correct. The evidence suggests possible variations in the parietal cortex between homosexual and heterosexual persons.

Adolescent↗

Requests for physician-assisted death: guidelines for assessing mental capacity and impaired judgment.

This article fills a need in the theoretical and clinical literature by presenting a set of guidelines for assessing mental capacity and impaired judgment when a person makes a request to have physician-assisted death. Because Oregon is the only state to have a law allowing physician-assisted death, the guidelines are placed within the context of the Oregon Death with Dignity Act. A comprehensive overview of the legal and ethical issues associated with the assessment of capacity precedes the actual guidelines.

Humans↗

[Reaction time and temporal serial judgment: corroboration or dissociation?].

Dissociations between a motor response and the subject's verbal report have been reported from various experiments that investigated special experimental effects (e.g., metacontrast or induced motion). To examine whether similar dissociations can also be observed under standard experimental conditions, we compared reaction times (RT) and temporal order judgments (TOJ) to visual and auditory stimuli of three intensity levels. Data were collected from six subjects, each of which served for nine sessions. The results showed a strong, highly significant modality dissociation: While RTs to auditory stimuli were shorter than RTs to visual stimuli, the TOJ data indicated longer processing times for auditory than for visual stimuli. This pattern was found over the whole range of intensities investigated. Light intensity had similar effects on RT and TOJ, while there was a marginally significant tendency of tone intensity to affect RT more strongly than TOJ. It is concluded that modality dissociation is an example of "direct parameter specification", where the pathway from stimulus to response in the simple RT experiment is (at least partially) separate from the pathway that leads to a conscious, reportable representation. Two variants of this notion and alternatives to it are discussed.

Adult↗

Ontario appellate court overturns judgment for plaintiffs infected through tainted blood.

On 29 November 2001, the Ontario Court of Appeal issued a lengthy decision overturning a lower-court judgment in favour of three hemophiliacs infected with HIV in 1985 through contaminated blood-factor concentrate. The joint decision in the three cases of Robb, Rintoul, and Farrow is the latest decision in litigation dating back to 1992. The plaintiffs alleged negligence by the Canadian Red Cross Society and the Canadian government for delays in introducing heat-treated concentrate after the risks posed by unheated product were known.

Blood-Borne Pathogens↗

Group judgments of appropriateness: the effect of panel composition.

The current interest in the development of practice guidelines raises an important question about the effect of expert panel composition on the outcome of the guideline development process. We compared the ratings of appropriateness of indications for carotid endarterectomy produced by two panels: an all-surgical panel and a "balanced" panel composed of four surgeons, two neurologists, and one specialist each from family practice, internal medicine, and radiology. We then compared the effect of the two sets of ratings when used to evaluate 1302 patients who had undergone carotid endarterectomy. The all-surgical panel found more indications "appropriate" (24 versus 14%) and fewer indications "inappropriate" (61 versus 70%) than the balanced panel (p less than 0.01). The all-surgical panel also more often reached agreement. When ratings were applied to patients, 70% were appropriate by the all-surgical criteria versus 38% by the balanced panel, while 19% of the operations were inappropriate by all-surgical criteria, versus 31% by the balanced panel ratings. However, the percentage of procedures judged "inappropriate with agreement" was 15% for all-surgical and 16% for the balanced panel. We conclude that the all-surgical panel was more likely to favor operative treatment for carotid disease than the multispecialty panel, but that concensus judgments of inappropriateness by the two panels were very similar.

Arteriosclerosis↗

[The significance of pepsinogen with its subgroup and CA72-4 associate detect applied to early diagnostic and prognosis judgment on gastric cancer].

OBJECTIVE: To find out the connection of serum pepsinogen and it's subgroups (PGI, PGII) with CA72-4 to early diagnosis and postoperative recurrence on gastric cancer. METHODS: RIA was applied to detect the results of serum PGI, PGII and CA72-4 on gastric cancer and other stomach diseases, then the clinic value of associating detection on gastric cancer diagnosis and prognosis judgment were assessed. RESULTS: The serum PG levels of GC patients were significantly lower comparing to those of healthy controls (P < 0.01), apparent changes had taken place on earlier period GC (P < 0.05), and aggressive GC were even lower (P < 0.01). On the earlier period of GC diagnosis, CA72-4 levels were not apparently different to healthy controls (P > 0.05), and aggressive GC were significantly higher (P < 0.01). Compared preoperative with postoperative, the serum PGI and PGII and CA72-4 levels were significantly different (P < 0.01). In the patients underwent total gastrectomy, both of pepsinogen levels were lower than those of subtotal or large partial gastrectomy (P < 0.05). The serum PGI, PGII and CA72-4 levels of patients with recurrence of GC after total gastrectomy were significantly higher than those without. Compared before recurrence patients with after ones, the serum PGI and PGII levels of partial gastrectomy were no apparent difference (P > 0.05), however apparent changes had taken place on CA72-4 levels. The associate detection had even higher specificity (P < 0.01). CONCLUSIONS: Apply to detect the serum PG levels on crowds, especially pGI, PGI/II levels decrease, which may be expected to become the index to earlier period GC screening. The associating detection to PG and CA72-4 levels may significantly improve sensitivity and specificity, which have chances to be applied to monitoring to postoperative gastrectomy.

Adult↗

Comparison of clinical and real-life judgments of loudness discomfort.

The purpose of this study was to determine the relationship between the loudness discomfort level (LDL) and real-life impressions of loudness discomfort. LDLs were measured with an established procedure for a variety of stimuli including FM tones, speech noise, and stimuli recorded from two real-life environments, in two groups of subjects. Sound pressure level distributions were measured in each of two environments at the time of subject recruitment, and LDLs were subsequently measured. LDLs were then compared to the sound pressure levels measured in each environment, and to the impressions of loudness discomfort which subjects reported through the use of a questionnaire. Results indicated large discrepancies between LDLs and judgments of loudness discomfort in real-life environments. The LDL does not appear to be an accurate predictor of subjects' impression of loudness discomfort and may not be appropriate for setting the SSPL of hearing aids.

Adult↗

[Sequence effects in absolute judgment? Critical comments on the method].

Several methods for demonstrating sequential effects in psychophysical judgments are discussed. None of them is free of problems. Simple simulations show that pseudosequential effects occur whenever some subjects judge the stimuli higher or lower than they should. Such effects may also be produced by response drifts during the course of an experiment. Breaks in the psychophysical function might be another source of pseudosequential effects. Contrary to a wide-spread opinion, it still remains to be shown that genuine sequence effects really exist.

Arousal↗

The congenitally missing maxillary lateral incisor. Part 1: esthetic judgment of treatment options.

AIM: To determine how general dentists, orthodontists, combined dental specialists, and laypeople judged the relative attractiveness of a series of photographs of teeth that included cases with congenitally missing incisors to compare the esthetic appeal of various treatment options. METHODS: The photographs included cases with Maryland bridges, dental implants, and orthodontic substitution of the lateral incisors with the canines. Cases with no missing teeth were included as controls. The subjects rated each photograph independently, assigning a number between 1 and 5 for each of a series of 7 bipolar adjectives. Each photograph was given an overall score from 7 (best) through 35 (worst) for use in statistical analysis (ANOVA). RESULTS: Results indicated that general dentists, orthodontists, combined dental specialists, and laypeople differed in their evaluations of the photographs, which represented multiple treatment options for congenitally missing maxillary lateral incisors. CONCLUSIONS: Including esthetics of the finished result as an advantage or disadvantage for either restoration or canine substitution of the lateral incisors could be misleading to the patient because the judgment of esthetics of a smile can vary from one person to another or from one dental professional to another, as indicated in this study.

Analysis of Variance↗

Development of moral judgment and its relationship to the education and training of dietitians.

The purpose of this study was to compare the development of moral judgment in 171 dietetics students before and after training from internships (n = 96), coordinated undergraduate programs (n = 61), and preprofessional practice programs (n = 14). The results of the study supported the research hypothesis that greater moral development growth would occur in supervised practices that allow students more experiences promoting moral growth, such as clinical rotations with patients, peer discussions on ethical issues, and access to instructors trained in ethics. Analysis of covariance indicated differences in the posttest scores of the three groups. Student scores for the internship and the coordinated undergraduate program were significantly different. Scores of preprofessional practice program students did not differ from those of the other groups. Internship programs offered more time in clinical rotations, used trained ethicists more, and used more methods to introduce ethics into the curriculum than did the other programs.

Adult↗

Injured athletes' attitudes and judgments toward rehabilitation adherence.

In a follow-up study to certified athletic trainers' (ATCs') attitudes and judgments toward injury rehabilitation adherence, previously injured and rehabilitated athletes (n=36) were administered the Athletic Injury Rehabilitation Adherence Questionnaire. The purpose of the study was to compare the results collected from athletes with those collected previously from ATCs. The questionnaire consisted of 60 statements, categorized into seven scales: athletic trainers' influence, environmental influences, athlete's personality, pain tolerance, self-motivation, goals and incentives, and significant others. Four additional open-ended questions dealing with successful and unsuccessful rehabilitation strategies also were completed. Athletes' responses were generally similar to those of ATCs. Factors deemed significant to rehabilitation adherence were: (a) good rapport and communication between athletic trainers and injured athletes, (b) support from athletic trainers and coaches, (c) self-motivation on the part of athletes, and (d) convenience, accessibility, and flexibility of the rehabilitation facility and staff. The greatest deviations between athletes' and ATCs' responses were in the areas of self-motivation, pain tolerance, education about injury and rehabilitation exercises, and degree of realistic feedback. Analyses of open-ended question responses reinforced the aforementioned results. The strongest findings derived from these questions were the importance of rapport, communication, and support to rehabilitation adherence. Also, athletes' distastes for threats and scare tactics were quite evident.

Journal Article↗

Clinical judgment remains of great value in the diagnosis of acute appendicitis.

BACKGROUND: Observation and repeated examination may lead to favourable clinical outcomes in the ever-challenging diagnosis of appendicitis. The goal of this study was to evaluate clinical performance in the diagnosis of suspected appendicitis in a centre with limited access to medical imaging technologies and to identify factors associated with complicated cases. METHODS: A retrospective review of the medical records of 211 consecutive surgical cases of suspected appendicitis, spanning an 11-year period, was performed. The delays before treatment and the subsequent patient outcomes were evaluated. RESULTS: There were 8.1% of cases with negative findings on appendectomy, 75.8% with uncomplicated appendicitis, 12.3% with complicated appendicitis and 3.8% with other surgical conditions. The delay before the first medical consultation was significantly longer in patients with complicated appendicitis. The various delays after the first medical consultation did not differ significantly between the groups. CONCLUSIONS: In the context of limited available medical imaging modalities, clinical observation was not associated with an increased incidence of complicated appendicitis. The presence of complicated appendicitis was associated with the delay before the patient's first medical consultation. Clinical judgment can be prioritized and can lead to good clinical performance in the management of patients with suspected appendicitis, with no significant increase in rates of complicated appendicitis and negative findings on appendectomy.

Acute Disease↗

Commentary: The importance of professional judgment in evaluation of stalking and threatening situations.

When a person is stalked, a common reaction is to consult an expert for the answers to several key questions: Is the stalker dangerous? How can I get the stalker to stop the behavior? What should I do to protect myself? Although certain risk factors are associated with an increased likelihood of violence, care must be taken in using risk factors to predict violence, because there are many exceptions to and subtleties in such analyses. Risks in stalking situations depend on interactions of potentially fluctuating and interrelated factors, and risk assessments need to be updated as more information becomes available. The consultant must consider a variety of strategies to stop the stalking behavior and to protect the victim. When one strategy does not work, the consultant should recommend shifting to another strategy. Until we have long-term follow-up studies about the impact of each intervention on each type of stalking situation, assessments of stalking situations will require the use of professional judgment and flexibility in conjunction with knowledge of the available literature.

Crime↗

Are your retirement plan assets safe from malpractice judgments?

In conclusion, there is a reasonable chance that retirement plan assets in Delaware qualified plans are insulated from judgment creditors, but the best course is to maintain adequate insurance protection and follow an aggressive prejudgment strategy in serious cases so you don't have to resolve the issue in a bankruptcy proceeding.

Delaware↗

The development of constraints on symbol-meaning structure in notation: evidence from production, interpretation, and forced-choice judgments.

Adults use notational systems in a variety of problem-solving situations. For notations to serve the goals we set them, they must conform to certain well-formedness rules, including one-to-one mapping between symbols and meanings and maintenance of the same symbol-meaning relations for both encoding and decoding. Do young children show an appreciation for the utility of notation by adhering to these rules in their production, interpretation, and judgment of notations? Study 1 provides a descriptive analysis of notations created by children aged 5-11 years. Study 2 is a forced-choice task in which preschoolers, 6- and 7-year-olds, and adults chose between a notation that was well-formed according to Goodman's theory of notation and one that violated exactly one of Goodman's principles. The 2 studies present converging evidence that young children may not impose the same symbol-meaning structure at decoding that was set up at encoding, and only after this develops does a preference for one form-one function mapping appear (approximately age 8). Comparisons are made to relevant aspects of the literature on language acquisition.

Age Factors↗