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Results for “Court Decision”

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At least 19 recordsLinked to original sources
PubMedDate not supplied

[Expert assessment of unconventional treatment methods within the scope of legal health insurance--problems based on current court decisions].

Court decisions of the Federal Court for Problems of Social Welfare (Bundessozialgericht) make health insurance pay for unconventional methods under certain circumstances. Physicians of the Health Insurance Medical Service (MDK) have to examine whether these conditions are fulfilled in a special case. The specific problems they encounter there are being described in this paper. Hermeneutic differences can be noticed. To guarantee the quality of medical care, which is the duty of the statutory health insurances, seems to be difficult in the case of "unconventional" medical methods.

Complementary Therapies↗
PubMed2004

The reasonable woman standard: effects on sexual harassment court decisions.

Some federal courts have used a reasonable woman standard rather than the traditional reasonable man or reasonable person standard to determine whether hostile environment sexual harassment has occurred. The current research examined the impact of the reasonable woman standard on federal district court decisions, controlling for other factors found to affect sexual harassment court decisions. Results indicated that there was a weak relationship between whether a case followed a reasonable woman precedent-setting case and the likelihood that the court decision favored the plaintiff. The implications of our findings for individuals and organizations involved in sexual harassment claims are discussed.

Data Collection↗
PubMed1980

Providers learn hard lessons from major court decisions.

Several major court decisions in medical malpractice suits have affected the practices of hospitals and individual health care providers. These decisions have prompted hospitals, physicians, nurses, and other health care providers to reassess the way health care services are delivered in the light of the potential for liability.

Hospitals↗
PubMedDate not supplied

The case for patient education: an update on recent court decisions affecting physicians and hospitals.

Recent court decisions directly affect providers of patient education. Legal precedents emerging in the 1980s place increased emphasis on the individual patient in terms of the adequacy of information provided, the patient's level of understanding of that information, and the duty to inform patients of the risks of their refusal to undergo any form of treatment. Specific cases are cited, and the implications of the courts' decisions for providers are delineated. Key legal concepts of American law are reviewed as they relate to patient education, offering a framework for providers of patient education to evaluate their programs and activities with respect to assuring quality and reducing the incidence of litigation.

Hospitals↗
PubMed1998

Mediation: a response to aid-in-dying and the Supreme Court decision.

The recent U.S. Supreme Court decision concerning aid-in-dying has drawn attention to the complexity of end-of-life care. The authors summarize the recent Supreme Court's decision and the problems surrounding this complex issue. A case study is provided to demonstrate how mediation facilitates collaborative problem solving. Finally, the authors demonstrate how nurse leaders can apply this three-stage process and its attendant principles to facilitate ethical decision making in end-of-life care.

Adult↗
PubMed1988

The age discrimination in employment act: a review of court decisions.

Over 600 federal court cases filed between 1970 and 1986 were reviewed in an attempt to discover the major themes and issues. Over all personnel decisions the employer was consistently favored (65%). Performance evidence was central to all cases reviewed. Subjective appraisals were often presented by management and were not considered suspect by the courts. Evidence of management's concern over the age of the workforce (e.g., economic costs and stereotypic beliefs) was also probative. Statistical evidence was presented in a majority of cases. However, inaccurate data and inappropriate comparisons negated its value. Most cases involved a termination or reduction in workforce decision (54%), but the most controversial area involved BFOQ's. A three-part sequential inquiry was proposed that would attempt to clear up these issues. Recent legal refinements may ease the plaintiff's burden in establishing a prima facie case of discrimination. Current techniques from the fields of industrial gerontology and industrial psychology may help clarify inconsistencies in court decisions.

Aged↗
PubMed1998

Dutch court decisions on nonvoluntary euthanasia critically reviewed.

The author critically reviews Dutch court decisions on nonvoluntary euthanasia. First, he examines euthanasia practice in the Netherlands. The author next discusses in detail the 1995 cases of two physicians who were prosecuted for terminating the lives of infants who were severely ill and disabled. The courts accepted nonvoluntary euthanasia and relied on the physicians' defense of necessity. Jochemsen exposes serious flaws in the reasoning of the courts and concludes that newborns with congenital disorders should be given appropriate palliative care. Jochemsen fears that by extending the practice of euthanasia to infants with disabilities the Dutch courts have taken another step toward endangering the lives of all incompetent persons.

Brain Diseases↗
PubMed1998

Psychotherapy and disclosure: recent court decisions.

OBJECTIVE: To encourage mental health professionals concerned about the practice of psychotherapy to add their voices to the legal debate on disclosure. METHOD: Analysis of recent court decisions, in particular 2 Supreme Court of Canada judgements, R. v. O'Connor and R. v. Carosella, and 1 United States Supreme Court judgement, Jaffee v. Redmond. RESULTS: The lack of a common definition of psychotherapy may, in part, have made it awkward for mental health professionals to mount a concerted defence of psychotherapy dossiers. CONCLUSIONS: Unless mental health professionals develop a more robust justification and delimitation for privilege, in Canadian courts possible relevance of clinical material is likely to override concern for the patient's privacy interest. Future research might evaluate the impact of loss of privilege upon different types of psychotherapy.

Attitude of Health Personnel↗
PubMedDate not supplied

What is a profession? The ethical implications of the FTC order and some Supreme Court decisions.

The professions have sought to formulate and maintain their own codes of conduct and ethics, in order to safeguard relationships of trust between client and professional and uphold a commitment to care and service. Recent court decisions reviewed here have asserted the supremacy of competition in professional as well as commercial relationships, where it is up to the buyer to "beware." The implications of these decisions have posed a moral challenge. By adhering to high standards, physicians will merit the trust of the public, so that the traditional distinction between the ethics of service and the ethics of the marketplace may be preserved.

Codes of Ethics↗
PubMed1989

The impact of litigation and court decisions on clinical practice.

Malpractice litigation has dramatically increased in recent years, posing a major challenge to psychiatrists and other clinicians. The author reviews the current legal situation and major court decisions, and then addresses five categories of litigation specifically affecting psychiatry: (1) patients' acts of violence; (2) patient suicides; (3) patient injuries that result from negligent treatment; (4) faulty initiation, process, or termination of treatment; and (5) liability arising from employer, supervisory, or consultative relationships. He concludes that a sensitive and effective relationship between treaters and patients remains the best safeguard against malpractice litigation.

Humans↗
PubMed1982

Supreme Court decisions on mental health: a review.

Since the late 1960s mental health advocates have filed numerous lawsuits against mental health institutions in an effort to narrow the standards for civil commitment, improve the care of patients, and define patients' rights. While many of the lawsuits were successful in attaining these goals at the district and appellate court levels, review by the Supreme Court generally has resulted in decisions blunting the lower court rulings. The high court has rejected broadly worded lower court decisions on commitment laws, standards of proof in commitment hearings, and patients' rights. The court also has upheld the traditional reliance on decision-making by medical professionals. The author describes a number of these cases and their decisions and concludes that cases now before the Supreme Court very likely will result in decisions that strike a balance between the needs of the patients and those of treatment staff.

Adult↗