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Journal articles on the topic 'Consent criterion'
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1
Lv, Xinran, and Ke Zheng. "Criteria for Judging the Effectiveness of Guardians’ Consent." BCP Social Sciences & Humanities 16 (March 26, 2022): 122–33. http://dx.doi.org/10.54691/bcpssh.v16i.450.
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The rapid growth of data interests may increase the risk of damage to the interests of minors. Although there is a system of informed consent by guardians in the existing legal system, the restrictions on the validity of consent are vague, resulting in a large number of ineffective consents that violate the interests of minors. As for the restriction of the validity of consent, the representative theories in academic research are the " scene justice theory " and the " justifiable purpose theory ". In this paper, we adopt the Cost-revenue analysis method to analyze the costs and revenue of the two doctrines and compare the net profit. Then, the Cost-revenue analysis of the " scene justice theory " as a perfection proposal and the existing system was conducted, and the conclusion was drawn. The proposal can protect the economic and personal interests of minors, and the cost of operating the system is low and fixed, and the cost of obligations is also low. In terms of net profit, the proposed improvement is better than the status quo, and the " scene justice theory " should be introduced as a criterion for judging the effectiveness of guardians' consent.
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Fischer, Johannes. "Fremdnützige Forschung und Sterbehilfe bei nichteinwilligungsfähigen Personen." Zeitschrift für Evangelische Ethik 43, no. 1 (February 1, 1999): 98–122. http://dx.doi.org/10.14315/zee-1999-0116.
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Abstract A main condition for medical treatment is considered to be the »informed consent« of the patient. This criterion protects his/her autonomy. In certain cases, however, it is not applicable, since the patient is not able to give his consent. This may lead to the discrimination of a considerable group of patients, where medical interventions must be refrained from, because of the lacking consent of the persons in question. This concems especially research for the benefit of others and euthanasia. Basing on the concept of the person, this paper develops criteria which should be applied if »informed consent« is not applicable
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Pishchita, AN, VA Alekseev, and KN Borisov. "Awareness as a criterion of the legality of obtaining the patient's consent to medical intervention." Медицинская этика, no. 2021(1) (March 2021): 15–18. http://dx.doi.org/10.24075/medet.2021.006.
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The doctrine of patient consent to medical intervention, as a compulsory procedure, emerged in the forties of the twentieth century. However, up until the present the problem of obtaining patient consent cannot be considered conclusively resolved. One of the intervention legality criteria is the patient's complete (sufficient) awareness of the proposed medical intervention.
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Ratna Suminar, Sri, Yoni Fuadah Syukriani, U. Sudjana, and Efa Laela Fakhriah. "THE LEGAL CAPACITY IN CONTRACT FOR MEDICAL TREATMENT (THE COMPARATIVE STUDY BETWEEN INDONESIAN LAW, DUTCH LAW, AND ENGLISH LAW)." Jurnal Bina Mulia Hukum 5, no. 1 (September 23, 2020): 36–52. http://dx.doi.org/10.23920/jbmh.v5i1.7.
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This article aims to determine the criterion of legal capacity of a patient in a contract for medical treatment and the legal consequences of a contract for medical treatment made by a minor. This article uses a normative juridical research method with a law approach and the data sources used are obtained from literature studies and document studies, and study results showed that there is a similar criterion for determining whether a patient is competent or not in giving consent for medical treatment between Indonesian law and Dutch law that is based on a legally fixed age. However, based on Dutch law, the age of legal capacity to consent for medical treatment differs from the age of legal majority. Meanwhile, English law uses mixed approaches to determine a minor capacity in giving consent for medical treatment that is based on the age and competence of a minor. Furthermore, according to Indonesian Law, a contract for medical treatment made by minors is voidable, whereas according to Dutch Law and also English Law any contract for medical treatment made by minors is legally binding.
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Zerbe, Richard O. "The Consent Justification for Benefit–Cost Analysis." Journal of Benefit-Cost Analysis 11, no. 2 (2020): 319–40. http://dx.doi.org/10.1017/bca.2020.9.
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AbstractThis paper provides a Consent Justification for benefit–cost analysis (BCA). The Consent Justification is based on a tendency toward actual compensation. A substantial justification for using BCA as a tool is the actual Pareto test, called the Consent Justification, in combination with the net present value criterion for individual projects. The traditional justification, the potential compensation test (PCT), is unsatisfactory on several grounds. In addition, the PCT occupies the uneasy position of being the source of extended criticisms in the economic literature and especially in the legal and philosophy literature. The argument for the Consent Justification lies not only in the deficiencies of the PCT, but also, especially, in a showing through simulation that all tend to gain across a portfolio of projects which is not large but rather robust with respect to errors and assumptions.
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Hirsch, Steven, and Sean Spence. "Ethical approaches to researching the mentally incapable patient." Psychiatric Bulletin 19, no. 7 (July 1995): 414–16. http://dx.doi.org/10.1192/pb.19.7.414.
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Patients seen in psychiatric settings may, for a variety of reasons, be incapable of informed consent. The Mental Health Act allows for their treatment, but research into their pathologies is practically impaired (while their consent is a criterion for inclusion). Is it ethically unacceptable to perform research upon these patients? If so, then the prospects for therapeutic and conceptual advance seem remote. In this paper the competing ethical claims are examined. An approach is proposed which is humane yet permissive of research in this heterogeneous group of patients.
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Vestergaard, Jørn. "The rape law revision in Denmark: Consent or voluntariness as the key criterion?" Bergen Journal of Criminal Law & Criminal Justice 8, no. 2 (January 29, 2021): 28. http://dx.doi.org/10.15845/bjclcj.v8i2.3237.
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The adoption of a consent-based rape provision in the Danish Penal Code has gradually gained sufficient political support. The overall objective behind the law reform is to render better protection of the right to sexual self-determination and sexual integrity. However, in the recent run-up towards a political agreement, a sharp dividing line has separated the proponents of change due to a heated controversy with regard to the choice of the term to be used in the revised criminal law provision, i.e., ‘consent’ or ‘voluntariness’. The disagreement has caused a protracted deadlock in the reform process. This article examines the polarising opinions in the debate and compares the potential impacts of the debated models. It will be demonstrated that the demarcation line between the two opposing parties in the debate concerning the choice of the appropriate terminology has been drawn unnecessarily sharp. The reach of the amended rape legislation will not merely depend on the wording of the rape provision but will, at least in part, depend on the clarifications provided in the preparatory works. Ultimately, the courts will have to clarify the legal implications of an individual’s passivity in a sexual encounter and address the adequate assessment of sexual encounters taking place against the backdrop of psychological violence and abuse.
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Dyachenko, Tamara S., Larisa N. Gribina, and Olesya F. Devlyashova. "Parental opinion regarding the pediatric outpatient organizations’ functioning as an important criterion of pediatric medical care quality." Pediatrician (St. Petersburg) 8, no. 2 (March 15, 2017): 50–55. http://dx.doi.org/10.17816/ped8250-55.
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A survey was carried out to identify the factors influencing parent satisfaction with care provided in a pediatric clinical setting for children younger than 15 years. We distributed questionnaires to 300 parents to measure the quality of medical care provided in pediatric outpatient settings in Volgograd. The questionnaires included 26 closed questions, most of which were subjective and straightforward. The questions concerned availability of information about pediatric clinical settings, scheduling an appointment with a pediatrician or a pediatric specialist, patient waiting time for medical care, meeting the requirement to obtain voluntary informed consent from patients and availability and suitability for pediatric patients of most laboratory and diagnostic facilities. Parents reported that they obtained information from different sources, including registration staff in a clinical setting, the website of a clinical setting as well as from posters and patient brochures in the clinical setting. 68% of the respondents stated that the information provided was sufficient and comprehensible. Most respondents regarded registration staff working in pediatric clinical settings as the most authoritative source of information available. Registration stations in clinical settings were reported as the easiest and most affordable system for scheduling medical visits. 80% of the respondents stated that they always gave their informed consent to therapy or related issues, while 16% - rarely, and 4% of the respondents never provided informed consent. The majority of the respondents in the survey indicated that the information about their children’s health provided by the pediatrician was sufficient and accurate. The respondents reported being satisfied with the work hours of a pediatrician and waiting time for medical care. Out of 300 respondents, 79% said that their children received consultations with pediatric specialists as indicated.
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Mena-Tudela, Desirée, Susana Iglesias-Casás, Víctor Manuel González-Chordá, Águeda Cervera-Gasch, Laura Andreu-Pejó, and María Jesús Valero-Chilleron. "Obstetric Violence in Spain (Part I): Women’s Perception and Interterritorial Differences." International Journal of Environmental Research and Public Health 17, no. 21 (October 22, 2020): 7726. http://dx.doi.org/10.3390/ijerph17217726.
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The decentralization of health systems can have direct repercussions on maternity care. Some inequalities can be noted in outcomes, like neonatal and child mortality in Spain. This study aimed to make the presence of obstetric violence in Spain visible as an interterritorial equity criterion. A descriptive, restrospective and cross-sectional study was conducted between January 2018 and June 2019. The sample comprised 17,541 questionnaires, which represented all Spanish Autonomous Communities. Of our sample, 38.3% perceived having suffered obstetric violence; 44.4% perceived that they had undergone unnecessary and/or painful procedures, of whom 83.4% were not requested to provide informed consent. The mean satisfaction with the attention women received obtained 6.94 points in the general sample and 4.85 points for those women who viewed themselves as victims of obstetric violence. Spain seems to have a serious problem with public health and respecting human rights in obstetric violence. Offering information to women and requesting their informed consent are barely practiced in the healthcare system, so it is necessary to profoundly reflect on obstetric practices with, and request informed consent from, women in Spain.
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BESSON, SAMANTHA. "State Consent and Disagreement in International Law-Making. Dissolving the Paradox." Leiden Journal of International Law 29, no. 2 (April 29, 2016): 289–316. http://dx.doi.org/10.1017/s0922156516000030.
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AbstractThis article starts with a paradox: international law-making is ridden with reasonable disagreement and yet no state can be bound by international law without its consent and hence without agreement. Breaking away from the pragmatic resignation that prevails among international law scholars on this question, the article proposes an interpretation of the role of state consent that both fits and justifies its central role in the practice of international law-making and, hopefully, strengthens the latter's legitimacy in the future. Its proposed justification actually lies in the circumstances of reasonable disagreement among democratic states and this proposal dissolves the paradox. The article argues that, in international law as it is the case domestically, consent is neither a criterion of validity of law nor a ground for its legitimate authority. It also dispels two myths about state consent: its necessary relationship to legal positivism and state sovereignty. Instead, the article argues, the role of democratic state consent is that of an exception to the legitimate authority of international law and hence to its bindingness in a concrete case. While the legitimacy of international law is not democratic, the democratic nature of states and their democratic accountability to their people matter. This is especially the case in circumstances of widespread and persistent reasonable disagreement as they prevail among democratic states in international law-making. In these circumstances, respecting the sovereign equality of democratic states by requiring their consent is the way to grant an equal voice to their people. Of course, there are limits to the democratic state exception that are inherent to both its democratic dimension (it requires respecting basic political equality) and its consensual dimension (it requires that consent is expressed in a free, fair and informed fashion). The article concludes by showing how the proposed disagreement-attuned account of democratic state consent explains various characteristics of the main international law-making processes, i.e., treaties and custom.
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Graebsch, Christine. "Legal Issues of Randomized Experiments on Sanctioning." Crime & Delinquency 46, no. 2 (April 2000): 271–82. http://dx.doi.org/10.1177/0011128700046002008.
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In 1981, the Federal Judicial Center proposed guidelines for balancing risks of experimentation against their supposed benefits. The ethical rules were supposed to be within the scope of American legal and constitutional justification. These guidelines would not fulfill the same criterion in Germany, especially if risks to the individual are weighed against benefits toward the society. Randomization in criminal law cannot be justified by the constitutional principle of freedom of research or by the need to gain empirical knowledge about the effectiveness of sanctions. Unequal treatment in randomized designs can only be justified if randomization is permitted for reasons other than experimentation and if the individuals give their free and informed consent. The principle of informed consent must be extended from a procedural to a material content, which guarantees that participants are not forced to take part in an experiment.
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Xavier, Rafael Branco. "A desconsideração na arbitragem? O consentimento atrás do véu." Revista Brasileira de Arbitragem 17, Issue 66 (June 1, 2020): 35–66. http://dx.doi.org/10.54648/rba2020075.
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The purpose of this article is to discuss the possibility of the application of the disregard doctrine in arbitration. The intent is to answer two questions regarding the application of art. 50 of the Brazilian Civil Code in arbitral proceedings. The first, whether the doctrine could be used to bound a third party which had not consented to the arbitration clause. The second, whether the disregard doctrine could be applied by the arbitrators when ruling on substantive issues of the dispute. The conclusion is negative to the first, as the consent is essential to the enforceability of the arbitration process, in light of art. 3 and 4 of the Brazilian Arbitration Act, and positive to the second, because the disregard doctrine contemplates a rule of liability determination that is applicable when the abuse of legal entity occurs. In sum, Brazilian Law does not admit the abuse of the legal entity as a criterion to make the arbitral process binding, as the analysis about the consent cannot be mixed with the requirements of the disregard doctrine. Disregard doctrine; Civil Code, art. 50; criteria; liability determination; party and third-party; consent; Brazilian Arbitration Act, arts. 3 and 4.
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Mantovani, Mattia. "Herbert of Cherbury, Descartes and Locke on Innate Ideas and Universal Consent." Journal of Early Modern Studies 8, no. 1 (2019): 83–115. http://dx.doi.org/10.5840/jems2019814.
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The present paper investigates the seventeenth-century debate on whether the agreement of all human beings upon certain notions—designated as the “common” ones—prove these notions to be innate. It does so by focusing on Descartes’ and Locke’s rejections of the philosophy of Herbert of Cherbury, one of the most important early modern proponents of this view. The paper opens by considering the strategy used in Herbert’s arguments, as well as the difficulties involved in them. It shows that Descartes’ 1638 and 1639 reading of Herbert’s On Truth—both the 1633 second Latin edition and Mersenne’s 1639 translation—was instrumental in shaping Descartes’ views on the issue. The arguments of Locke’s Essay opposing Herbert’s case for innatism are thus revealed to be ineffective against the case which Descartes makes for this same doctrine, since Descartes had in fact framed his conception of innateness in opposition to the very same theses as Locke was arguing against. The paper concludes by explaining how two thinkers as antithetical as Locke and Descartes came to agree on at least one point, and a truly crucial one: namely, that universal consent counts as a criterion neither for innatism nor for truth.
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Grzybowski, Karol. "Autonomia informacyjna jednostki a zgoda na przetwarzanie przez pracodawcę danych osobowych." Przegląd Sejmowy 6(161) (2020): 47–67. http://dx.doi.org/10.31268/ps.2020.80.
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By adapting the provisions of the Labour Code to EU regulations on personal data protection, the legislator has explicitly allowed employers to process personal data of employees and applicants for employment on the basis of their consent. However, the new provisions exclude the processing of data on convictions on this basis and limit the possibility of giving effective consent to the processing of sensitive data. The article attempts to analyze the solutions adopted in the context of the constitutional guarantee of informational self-determination. The author defends the thesis that the provisions of Article 221a § 1 and Article 221b § 1 of the Labour Code disproportionately interfere with an individual’s right to dispose of data concerning him or her. These provisions do not meet the criterion of the intervention’s necessity. The protective goal of the regulation, as established by the legislator, may be achieved by means of the legal instruments indicated in the article, which do not undermine the freedom aspect of the informational self-determination.
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Davis, Cale. "Political Considerations in Prosecutorial Discretion at the International Criminal Court." International Criminal Law Review 15, no. 1 (December 17, 2015): 170–89. http://dx.doi.org/10.1163/15718123-01501004.
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The International Criminal Court (icc) sits at the perfect crossroad of law and politics. As a primarily consent-based legal system, the icc is only effective to the extent that it has the political support from states who want to see it succeed in its mission to end impunity for the most serious crimes of concern to the international community. Despite this, the Prosecutor’s interpretation of the ‘interests of justice’ criterion limits the extent to which the Prosecutor can consider the political ramifications of their actions. This article argues that the Prosecutor has legal grounds to consider politics in their analysis of whether proceeding with an investigation or prosecution would not be in the ‘interests of justice’. This article also argues that soft power theory can be used to overcome arguments that politics should not be considered in the exercise of prosecutorial discretion, due to the consent-based nature of the icc regime.
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Keeley, Michael. "Continuing the Social Contract Tradition." Business Ethics Quarterly 5, no. 2 (April 1995): 241–55. http://dx.doi.org/10.2307/3857355.
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Abstract:Social contract theory has a rich history. It originated among the ancients with recognition that social arrangements were not products of nature but convention. It developed through the centuries as theorists sought ethical criteria for distinguishing good conventions from bad. The search for such ethical criteria continues in recent attempts to apply social contract theory to organizations. In this paper, I question the concept of consent as a viable ethical criterion, and I argue for an alternate principle of impartiality as a more appropriate moral norm in a social contract theory of organizations.
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Muttaqin, Darmawan, Taufik Akbar Rizqi Yunanto, Annisa Zaenab Nur Fitria, Amanda Meuthia Ramadhanty, and Giofanny Filadelfia Lempang. "Properti psikometri Self-Compassion Scale versi Indonesia: Struktur faktor, reliabilitas, dan validitas kriteria." Persona:Jurnal Psikologi Indonesia 9, no. 2 (December 25, 2020): 189–208. http://dx.doi.org/10.30996/persona.v9i2.3944.
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AbstractThe purpose of this study was to examine the psychometric properties of Indonesian version of the Self-Compassion Scale (SCS), a measure self-compassion. Participants were 681 undergraduate students (17-22 years old) at the Faculty of Psychology University of Surabaya. The accidental sampling technique was used as a method of data collection by asking the participants' willingness to be involved in this study by filling in the research informed consent. The confirmatory factor analysis, composite reliability, and correlations were used to examine the factor structure, reliability, and criterion validity. The results found that the six-factor hierarchy model with self-compassion and self-criticism as the main dimensions are the best factor structures and have good internal consistency. The correlations between Indonesian version of the SCS with other measurements proved that Indonesian version of the SCS has a good criterion validity. The result suggests that Indonesian version of the SCS was a valid and reliable measurement tools to measure the self-compassion in Indonesian samples.Keywords: criterion validity; factor structure; reliability; SCS; self-compassion AbstrakPenelitian ini bertujuan untuk menguji properti psikometri dari Self-Compassion Scale (SCS) versi Indonesia yang mengukur self-compassion. Partisipan yang terlibat sebanyak 681 mahasiswa yang berusia 17-22 tahun yang sedang menempuh pendidikan di Fakultas Psikologi Universitas Surabaya. Teknik accidental sampling digunakan sebagai metode pengambilan data dengan meminta kesediaan partisipan untuk terlibat dalam penelitian ini dengan mengisi inform consent penelitian. Analisis konfirmatori faktor, reliabilitas komposit, dan korelasi dengan alat ukur lain digunakan untuk menguji struktur faktor, reliabilitas, validitas kriteria dari SCS versi Indonesia. Hasil analisis konfirmatori faktor menemukan bahwa model hierarki enam faktor dengan self-compassion dan self-criticism sebagai dimensi utama merupakan struktur faktor yang terbaik dan memiliki konsistensi internal yang baik. Adanya korelasi SCS versi Indonesia dengan alat ukur lain membuktikan SCS versi Indonesia memiliki validitas kriteria yang memuaskan. Hasil mengindikasikan bahwa SCS versi Indonesia merupakan alat ukur yang valid dan reliabel untuk mengukur self-compassion pada sampel Indonesia.Kata kunci: reliabilitas; SCS, self-compassion; struktur faktor; validitas kriteria
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Pavković, Aleksandar. "Recursive Secessions in Former Yugoslavia: Too Hard a Case for Theories of Secession?" Political Studies 48, no. 3 (June 2000): 485–502. http://dx.doi.org/10.1111/1467-9248.00271.
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The recent experience of the former Yugoslavia provides an important test case for appraising theories of secession. This article begins with an outline of the main candidate justifications for a right to secession; withdrawal of consent; remedial right only; national self-determination and hybrids of these arguments. The article then provides a survey of the experience of the various secessions in the former Yugoslavia and draws attention to the particular problem of recursive secessions – that is counter secessions by minorities within the new ‘republics’. The discussion of recursive secession provides an additional criterion for assessing the adequacy of candidate theories of justified secession.
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Sobchenko, Tetiana, Olha Bashkir, Violetta Panchenko, Natalia Smolianiuk, Olha Osova, and Liudmyla Peretiaha. "Training Future Teachers to Organize the Educational Process in the Conditions of Inclusive Education." Revista Romaneasca pentru Educatie Multidimensionala 13, no. 1 (March 16, 2021): 114–32. http://dx.doi.org/10.18662/rrem/13.1/363.
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The purpose of the article is to develop the methodology of training future teachers to organize educational process in inclusive educational environment and implement it in the educational process in pedagogical university. The pedagogical experiment involved 157 students of H. S. SkovorodaKharkiv National Pedagogical University (EG 152 students) and of Municipal Establishment ‘Kharkiv Humanitarian Pedagogical Academy’ of the Kharkiv Regional Council (CG 54 students). All the participants gave the informed consent on taking part in the pedagogical experiment. The motivational criterion was evaluated applying questionnaires and testing; the content criterion – ‘Diagnosis of future teachers’ readiness to organize educational process in inclusive environment’; procedural and behavioural –task method, business games; reflexive criterion –self-evaluation methods, oral and written surveys. The criteria (motivational, content, procedural and behavioural, reflexive) and the levels of their formation (high, medium, low) were developed to evaluate the future teachers’ formed readiness to organize educational process in conditions of inclusive education. Experimental implementation of the developed methodology testified positive results in the level of formation of future educators’ readiness. The designed methodology promoted development of students’ inclusive education competencies, facilitated modification of the curriculum, adoption of specific strategies that meet the needs of every student, and encouraged students’ positive attitude towards inclusion as an educational phenomenon.
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Heints, R. M. "Passive Capacity To Perform Juristic Acts As An Element Of Civil Active Capacity Of Minors." Actual problems of improving of current legislation of Ukraine, no. 54 (November 30, 2020): 10–22. http://dx.doi.org/10.15330/apiclu.54.10-22.
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The article analyzes the definition of civil active capacity of natural persons, reveals the existing approaches in the doctrine to its definition and understanding of passive capacity to perform juristic act as an element of civil active capacity.
The author positively perceives the position of the legislature on the formulation of the concept of civil active capacity through the term «ability», because the process of forming the will of natural persons has a biological nature and, accordingly, the basis for granting of natural persons an active capacity is its natural ability to adequately perceive and evaluate the surrounding reality, own actions, make independent decisions, implement them through own actions and be aware of the responsibility for such actions. Given that the basis of active capacity is the ability to independently perform legally significant lawful acts, the key element of active capacity is passive capacity to perform juristic act.
According to the results of the study, the author proposes to classify all juristic act performing by a minor by the criterion of «coordination of their commission with parents (adopter) or trustees» into three groups: 1) juristic act that can be performing without the consent of parents (adopter) or trustees; 2) juristic act that can be performing with the consent of parents (adopter) or trustees; 3) juristic act that can be performing with the consent of parents (adopter) or trustees and with the permission of the guardianship authority.
The consent of parents (adopter) or trustees to perform a juristic act by a minor should be considered as an additional requirement established by the legislature to the procedure of its performing by a minor and an additional guarantee to protect the interests of a minor who cannot fully assess the need to perform the juristic act and its legal consequences.
According to the current legislation, the consent of the parents (adopter) or trustees to perform a juristic act by a minor may be made orally, for default, or in writing by a notarized form.
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Dudzińska, Joanna, and Beata Dobrowolska. "The brain death definition and human organs transplantation in the light of the Catholic Church teaching." Pielegniarstwo XXI wieku / Nursing in the 21st Century 15, no. 1 (March 1, 2016): 55–59. http://dx.doi.org/10.1515/pielxxiw-2016-0009.
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AbstractAim. The aim of this paper is to present the teaching of the Catholic Church regarding the brain death and the human organ transplantation.Material and methodology. The analysis of the official documents of the Holy See as well as the teaching and speeches of popes was made.Results and Conclusions. The Catholic Church supports transplants from deceased persons and considers donating their organs after death for transplantation as the gift of the greatest love. However, it is not unconditional acceptance. The most important conditions are: the patient’s informed consent for organ donation and a precise statement of the death of the donor. The currently used definition of brain death has been declared by the Church not only as sufficient but also as definitive criterion of the death of a man. In Christian ethics, this criterion allows an ethical judgment, which is called as moral certainty and provides the basis for an ethically proper action. It is also stressed that the donation of organs for transplantation must be altruistic. It is unacceptable to expect and to receive any payment for such an act.
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Kravets, L. Ya, S. N. Gryaznov, S. Ya Kalinina, and P. I. Ivanov. "Effectiveness of stereotaxic radiosurgery for supratentorial cavernous malformations." Russian journal of neurosurgery 21, no. 4 (December 21, 2019): 29–38. http://dx.doi.org/10.17650/1683-3295-2019-21-4-29-38.
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The study objective is an objective assessment of the treatment outcome with a gamma knife radiosurgery (GKRS) in different types of supratentorial cavernous malformations on the basis of their sizes and clinical symptoms dynamic changes after the treatment.Materials and methods. GKRS outcomes in 145 patients with hemisphere cavernous malformations (58 male, 87 female, the mean age 43,3 ± 11,9) were analyzed by comparing the initial and control data in all the patients and the telephone interview of 91 (37 male, 54 female, the mean age being 42,2 ± 11,9) patients.Results. On the basis of the “CM size reduction” criterion the efficacy of GKRS in the first magnetic resonance imaging control was 70 %. It was comparable in type I and type II CMs (76,3 and 72,5 % accordingly), but it was evidently worse in type III CMs (p = 0,0032). Repeated hemorrhages were noted in 3 observations in deep type I CM. Totally, statistically evident dependence on CM size reduction (p = 0,0413) was obtained on the clinical efficacy criterion with initially developed symptoms, which in turn means does not prove its effectiveness in type III CMs. In epileptic syndromes accompanying CMs, the efficacy of GKRS was selective, and did not correlate with CM size reduction, but mostly depended on the genesis and course of epileptic seizures.Conclusion. GKRS appears to be a justified method of treatment for clinically compensated mobile patients with type I and type II CMs. The clinical effectiveness of GKRS in such patients is in no way inferior to open surgery and does not exceed the number of its complications. CM type III should be excluded from the objects of treatment by GKRS.Conflict of interest. The authors declare no conflict of interest.Informed consent. All patients gave written informed consent to participate in the study and for the publication of their data.
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Roth, Eira S., David G. Buck, Vijay S. Gorantla, Joseph E. Losee, Daniel E. Foust, and Cynthia A. Britton. "The Role of Imaging in Patient Selection, Preoperative Planning, and Postoperative Monitoring in Human Upper Extremity Allotransplantation." Journal of Transplantation 2014 (2014): 1–7. http://dx.doi.org/10.1155/2014/169546.
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Objective. To describe the role of imaging in vascular composite allotransplantation based on one institution’s experience with upper extremity allotransplant patients.Methods. The institutional review board approved this review of HIPAA-compliant patient data without the need for individual consent. A retrospective review was performed of imaging from 2008 to 2011 on individuals undergoing upper extremity transplantation. This demonstrated that, of the 19 patients initially considered, 5 patients with a mean age of 37 underwent transplantation. Reports were correlated clinically to delineate which preoperative factors lead to patient selection versus disqualification and what concerns dictated postoperative imaging. Findings were subdivided into musculoskeletal and vascular imaging criterion.Results. Within the screening phase, musculoskeletal exclusion criterion included severe shoulder arthropathy, poor native bone integrity, and marked muscular atrophy. Vascular exclusion criterion included loss of sufficient arterial or venous supply and significant distortion of the native vascular architecture. Postoperative imaging was used to document healing and hardware integrity. Postsurgical angiography and ultrasound were used to monitor for endothelial proliferation or thrombosis as signs of rejection and vascular complication.Conclusion. Multimodality imaging is an integral component of vascular composite allotransplantation surgical planning and surveillance to maximize returning form and functionality while minimizing possible complications.
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Odintsova, Victoria. "Legal criteria for distinguishing between the subject and the object in the procedure for editing the human genome." SHS Web of Conferences 134 (2022): 00022. http://dx.doi.org/10.1051/shsconf/202213400022.
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In this article, the author attempts to differentiate between the object and the subject in human genome editing procedures. The criteria for such distinction are individualization, passive capacity, active capacity and free will. The status of the embryo was analysed, since then the child is considered to have been born when the subject acquires the right to life. The reference is made to international instruments and to the case law of the European Court of Human Rights. Special attention is paid to the legality of biomedical research involving embryos in vivo and in vitro, as well as to the purposes of such intervention. As a key criterion for distinguishing between the object and the subject, the author emphasizes the existence of his free will. This criterion is reflected in one of the key principles applied to medical intervention and the existence of voluntary written consent to be manipulated. By distinguishing between object and subject, by means of identified criteria, it will be possible to ensure adequate protection of human rights and freedoms during the editing of the genome at the international and national levels.
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Bek, Dominika. "Środek karny z art. 39 pkt 2b k.k. a prawo ofiary i sprawcy do samostanowienia." Problemy Prawa Karnego 29, no. 3 (December 26, 2019): 11–22. http://dx.doi.org/10.31261/ppk.2019.03.01.
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The penal measure of a prohibition on being in certain communities and locations, on contacting certain individuals or on approaching certain individuals or on leaving a specific place of residence without the court’s consent, evidently restricts the liberty of a person sentenced. The said restriction most of all serves to implement the preventative function of penal law, particularly the protection of the victim against the repeat victimisation. At the same time, however, implementing this measure interferes with the victim’s life. Insofar as the restriction of the perpetrator’s liberty is in this case fully justified, ignoring the opinion of the victim in decision-making process pertaining to implementation of the discussed legal measure does not meet the constitutional criterion of proportionality.
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Muhammad Nadeem, Dr. Seema Arif, and Dr. Muhammad Naeem. "The Role of Principals and Administrators in Performance Appraisal of School Teachers in Punjab." sjesr 3, no. 2 (June 25, 2020): 132–42. http://dx.doi.org/10.36902/sjesr-vol3-iss2-2020(132-142).
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Qualitative research was conducted in the interpretive paradigm using phenomenology as an approach to check the execution of the performance appraisal system (PAS) at higher secondary schools in Punjab. The population of the study consisted of key stakeholders of appraisal, higher secondary school principals, teachers, and district administration. 6 out of 36 districts were selected from school district rankings, each falling in poor, good, and average criterion. Participants of one district served as a pilot and the rest for the main study. A total of 35 participants were selected from five districts purposively; a selection criterion was used to select a set of one administrator, one principal and five teachers from each of the five districts. After obtaining consent from the participants, structured interviews were conducted with the school principals and district administrators, while the focus group was held with the teachers of each district using self-constructed interview protocols. Thematic analysis was performed on data obtained from different sources. Seven themes emerged during analysis reflected that the principals and teachers have enough knowledge and experience to conduct the PAS. It is a positive activity that must be continued; however, the procedure needs improvement. PAS should be planned and conducted with the consultation of teachers, motivating them for further improvement.
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Conti, Adelaide, Paola Bin, Claudia Casella, Emanuele Capasso, Piergiorgio Fedeli, Francesco Antonio Salzano, Lucia Terracciano, and Mauro Piras. "Piercing and tattoos in adolescents: legal and medico-legal implications." Open Medicine 13, no. 1 (April 18, 2018): 148–52. http://dx.doi.org/10.1515/med-2018-0023.
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AbstractNon-therapeutic body modification interventions are permitted within the limits of the use of one’s own body that can be specified in the legal system. The authors take into consideration Italian regulation on tattooing and piercing, in particular in relation to adolescents.ResultsIn Italy, several regions have therefore issued acts aimed at regulating the activities of tattoo and piercing also in reference to minors. Discussion. With regard to minors, the rules taken into account set precise limits in relation to the age criterion and subordinate the implementation of such practices to the provision of consent by legal representatives.ConclusionIf such practices are of an aesthetic nature, we cannot avoid considering the implications they have on health protection, and then adopt appropriate measures to protect the person who intends to undergo them, particularly in the case of minors.
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Filion, Myriam, Geneviève Forget, Olyvia Brochu, Louise Provencher, Christine Desbiens, Catherine Doyle, Brigitte Poirier, Martin DuRocher, Stéphanie Camden, and Julie Lemieux. "Eligibility criteria in randomized phase II and III adjuvant and neoadjuvant breast cancer trials: Not a significant barrier to enrollment." Clinical Trials 9, no. 5 (October 2012): 652–59. http://dx.doi.org/10.1177/1740774512456453.
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Background Clinical trial recruitment can be impeded by eligibility criteria being too numerous or too restrictive. Purpose This study’s principal objective was to determine whether a specific category of eligibility criteria could be identified as a major barrier to patient enrollment. Methods Nine phase II or III clinical trials, opened between June 2004 and July 2008, were selected. A retrospective cohort of women diagnosed with invasive, nonmetastatic breast cancer and potentially eligible for these clinical trials was used. All eligibility criteria were sorted into the following categories: definition of disease, precision, safety, ethical and legal, or administrative. A total of 985 patient-trials were evaluated, defined as the experimental unit since one patient could be eligible to more than one trial. Proportions of cases with ‘not met’ eligibility criteria were assessed for each category in each trial. Results Two clinical trials had a ‘not met’ subcategory criterion of over 20%. ‘Pathology’ and ‘consent’ subcategory criteria were ‘not met’ in 24.2% and 92.7% of cases for the NEOCAN and NCIC CTG MA.27 trials, respectively. NCIC CTG MA.27 had the highest proportion of ‘not met’ subcategory due to an inclusion criterion requiring participation to two companion studies. National Surgical Adjuvant Breast and Bowel Project (NSABP) B-38 had a proportion of 18.8% of cases ‘not meeting’ the receptor status subcategory criterion. All other subcategories of eligibility criteria assessed were ‘not met’ by less than 15% of patients. Overall, few subcategories had over 10% of ineligible patients. Limitations Many eligibility criteria were considered ‘nonevaluable’ because the information evaluated would have required additional procedures not performed as part of the general practice. Conclusion The subjects from the study population are not precluded from entry in a trial because of stringent eligibility criteria. Eligibility criteria should reflect as much as possible the whole population to whom the treatment will be offered, with the exception of drugs targeting a specific receptor or pathway where only a subpopulation is hypothesized to benefit from the therapy. In the breast cancer clinical trials evaluated for the present study, no criterion precluding recruitment was shared by many or all trials and no specific eligibility criterion was consistently the reason for patients’ ineligibility.
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Mortezaee, Mojtaba, and Davoud Sanji. "FINANCIAL RISK MANAGEMENT- A COMPARATIVE STUDY BETWEEN IRANIAN BANKS." International Journal of Research -GRANTHAALAYAH 4, no. 12 (December 31, 2016): 17–23. http://dx.doi.org/10.29121/granthaalayah.v4.i12.2016.2387.
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Undoubtedly financial risk management due to its high impact on stockholders wealth is always considering by Banks. Risk management methods and its accomplishment leads to shareholder consent or dissatisfaction. Present research, examine this issue by three instruments of Financial risk management includes interest rate risk, capital risk and risk of natural hedging. Thus, the main problem in this content is to some extent financial risk management methods can effect on stockholders’ wealth. We separate banks into private sector and public sector and examine hypothesis for each group by regression models. Return on Equity (ROE) changes is a reliable criterion for shareholders wealth. Results show that public banks are more successful in using risk management tools in compared with private banks. In other word, we have found more meaningful relationship between financial risk management tools and shareholder wealth in public banks.
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Park, Mary Anne. "A Statewide Assessment of Attitudes, Beliefs, and Behaviors among Blacks toward Donation." Journal of Transplant Coordination 8, no. 1 (March 1998): 25–29. http://dx.doi.org/10.1177/090591999800800106.
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This study is part of a developing statewide campaign to increase donation in the black community. Focus groups were conducted to validate information obtained from a market research firm's telephone survey. Among those surveyed, 86.6% indicated they were in favor of donation; 13.4% indicated they were not. The most common reasons for opposition were religious issues and unfamiliarity with the donation process. Among those who were in favor of donation, 65% were somewhat likely and very likely to donate; 74% were somewhat likely and very likely to give consent for donation of a loved one's organs. When asked where they would expect to learn about donation, respondents overwhelmingly chose the medical community. Respondents also listed cultural sensitivity as a criterion for choosing who would handle the donation request. A campaign to address identified issues has been developed and will be implemented statewide.
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Bladini, Moa, and Wanna Svedberg Andersson. "Swedish rape legislation from use of force to voluntariness - critical reflections from an everyday life perspective." Bergen Journal of Criminal Law & Criminal Justice 8, no. 2 (January 29, 2021): 31. http://dx.doi.org/10.15845/bjclcj.v8i2.3241.
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After decades of debate and reforms on the rape legislation, a shift from a use of force-based into a consent-based rape offence (with voluntariness as the decisive criteria) entered into force in Sweden in July 2018. The aim of this article is to review and critically analyse Swedish statutory regulation of rape, starting in the historical development and debates as a backdrop. The authors take their starting point in critique put forward within the field of feminist legal studies and uses an everyday life perspective to examine some of the assessments made in the preparatory work in the decisions made on how to best protect the individual’s right to personal and sexual integrity and sexual self-determination. The analysis shows that a male rationale permeates the preparatory works and points at a need for further research on the criterion of voluntariness and its presumptions on autonomy.
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Łaski, Piotr. "Remarks About Targeted Killing in the Light of Public International Law." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 11 (December 30, 2020): 59–66. http://dx.doi.org/10.14746/ppuam.2020.11.03.
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The premises concerning the use of force are currently changing, as are the goals and methods, which entails that appropriate adaptation and interpretation of international legal norms is required in the context of new threats and methods of combating them. This constitutes a significant problem, especially in the event of extraordinary circumstances that are to justify the use of unilateral measures without the consent of the UN Security Council. This encompasses, inter alia, the issue of targeted killing, i.e. eliminating in the territory of another state, while not operating against such a state, on the order of a specific government, a specific person responsible for the illegal use of force, if other methods of apprehending the perpetrator are unrealistic. This makes such a method, in a given circumstance, a legal form of combat, as long as the criterion of necessity and proportionality is taken into account.
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Eichberger, Fabian Simon. "Give a Court an Inch and It Will Take a Yard? The Exercise of Jurisdiction over Incidental Issues." Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law 81, no. 1 (2021): 235–64. http://dx.doi.org/10.17104/0044-2348-2021-1-235.
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This article seeks to clarify how international courts and tribunals should decide whether to exercise jurisdiction over incidental issues. It considers such issues incidental, which would fall outside the subject-matter jurisdiction of an international court or tribunal if submitted separately, but which courts rule upon to resolve disputes falling within their jurisdiction. International courts and tribunals have employed diverse approaches to decide whether to exercise jurisdiction over incidental issues. This contribution will assess their decisions to distil what criteria are best suited to ensure the effectiveness of the underlying treaty while taking into account the fundamental importance of state consent for judicial dispute settlement. It concludes that the necessity to exercise jurisdiction over the incidental issue and the nature of the issue should be the guiding criteria for international courts and tribunals, while the character of the jurisdictional basis may serve as supplementary criterion.
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Kirsanov, ALEXEY N., and ALEXEY A. Popovich. "EFFECTIVENESS AS THE MAIN CRITERION FOR TECHNICAL MEANS OF COPYRIGHT PROTECTION UNDER GERMAN LAW." Journal of Law and Administration 17, no. 1 (April 29, 2021): 35–42. http://dx.doi.org/10.24833/2073-8420-2021-1-58-35-42.
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Introduction. The article provides an overview of the legal regulation of copyright protection using technical means of protection. German law states that technical means of copyright protection are technologies, devices, and their components. Such technical means are created to prevent or impede illegal actions of users that are not authorized by the copyright holder in relation to the results of intellectual activity. At the same time the legislator pays special attention to the fact that the distinguishing criterion of a technical means of protection against other methods of protection is effectiveness. In the article the authors analyze the legal consolidation of the specified criterion as a distinctive feature of technical means of copyright protection, and also consider the concept and cases of bypassing technical means of protection provided for by German law. Materials and methods. The methodological basis of the research is formed by the following general scientific and special methods of cognition of legal phenomena and processes in the field of intellectual law: the method of system-structural analysis; method of synthesis of social and legal phenomena; comparative legal method; formal logical method. Results. As a result of the analysis it was revealed that according to German law the distinguishing feature of technical means of copyright protection from other methods of protection is the criterion of effectiveness. A technical protection device is recognized by the German legislator as effective if the technical protection device cannot be bypassed without the consent of the copyright holder. In the context of the effectiveness of a technical means of protection, German legislation broadly defines the concept of circumvention of technical means. German copyright law, unlike other foreign jurisdictions, contains provisions prohibiting the removal of a technical remedy.Discussions and Conclusions. The main criteria for technical means of copyright protection under German law have been studied, the fundamental of which is the criterion of the effectiveness of a technical means. Cases of circumvention of technical means of copyright protection provided for by German law have been identified. The legal regulation of the ban on the removal of technical means of protection has been explored.
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Bagle, Tushar R., Vijay A. Vare, Alankar Nimgade, Rohankumar C. Hire, Yogesh Sharma, and Prasita Kshirsagar. "Pharmacoeconomic evaluation in cost of illness in type 2 diabetes mellitus patients in a tertiary care hospital." International Journal of Basic & Clinical Pharmacology 6, no. 10 (September 23, 2017): 2334. http://dx.doi.org/10.18203/2319-2003.ijbcp20174355.
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Background: India is expected to bear the burden of world’s greatest increase of diabetes population. This burden needs to be considered in terms of costs.Methods: Cross-sectional study was done in type 2 diabetes mellitus 100 patients that attended Medicine OPD. Prior to enrollment Institutional Ethics Committee permission was taken. Written Informed consent was taken. Demographic information related to Education, Occupation and Income was taken down. Also Information related to diagnostic tests and medications were documented. Inclusion criterion were 18-70 years of either gender diagnosed by Physicians in OPD as type 2 diabetes, willing to participate and have followed in OPD for at least one year. The Exclusion criterion was Critically ill or unconscious patients and Pregnant women. Direct and indirect costs were calculated.Results: The average age was 56.31±10.50 years. The average fasting blood glucose was 120.65±22.70mg/dl. The average cost per month for investigations was 159.74±128.06. Annual visit to OPD was 13.06±7.35. Time loss per visit was 5.62±1.29 hours and of accompanying person was 6.55±3.87 hours. There were 2 from Lower and 63 from Upper Lower socioeconomic class. There were 41 patients having diabetic complications. The indirect cost was around 5838.51 and direct cost was around 19925. Total cost per annum per patient was around 32361.27 INR.Conclusions: There is need for strategies to reduce the cost burden. There is also needed to design financial systems for diabetes related nationwide health programs.
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de Lana, Marta, and Olindo Assis Martins-Filho. "Revisiting the Posttherapeutic Cure Criterion in Chagas Disease: Time for New Methods, More Questions, Doubts, and Polemics or Time to Change Old Concepts?" BioMed Research International 2015 (2015): 1–10. http://dx.doi.org/10.1155/2015/652985.
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One of the most relevant issues beyond the effectiveness of etiological treatment of Chagas disease is the lack of consensual/feasible tools to identify and certify the definitive parasitological cure. Several methods of distinct natures (parasitological, serological, and molecular) have been continuously proposed and novel perspectives are currently under investigation. Although the simultaneous use of distinct tests may offer better contributions and advances, it also leads to controversies of interpretation, with lack of mutual consent of cure criterion amongst researchers and physicians. In fact, when distinct host compartments (blood/tissues) are evaluated and explored, novel questions may arise due to the nature and sensitivity limit of each test. This short analytical review intends to present a chronological and critical overview and discuss the state-of-the-art distinct devices available for posttherapeutic cure assessment in Chagas disease, their contributions, meanings, and interpretation, aiming to point out the major gaps and propose novel insight for future perspectives of posttherapeutic management of Chagas disease patients.
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Krivonis, T. G. "PERSONAL AND BEHAVIORAL PROFILES IN CANCER PATIENTS, DEPENDING ON THEIR CLINICAL, FAMILY AND GENDER FEATURES." Експериментальна і клінічна медицина 85, no. 4 (December 20, 2019): 41–46. http://dx.doi.org/10.35339/ekm.2019.85.04.06.
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The study analyzed the personal and behavioral characteristics of cancer patients in the context of having a psychological profile with a certain level of adaptation. Based on informed consent in Medical- psychological center of Vinnitsa National Pirogov Memorial Medical University and Vinnytsa Regional Clinical Oncology Clinic during 2015-2019 years 288 cancer patients were examined. Assessment of personality traits conducted using the Freiburg Personality Inventory, FPI-B, behavioral patterns - Ways of Coping Questionnaire, WCQ by R. Lazarus and S. Folkman. Cancer causes the actualization of psychological constructs and the stress-protective mechanisms involved in overcoming stress. In families with impaired family adaptation, a higher incidence of patients with maladaptive personality and behavioral profiles was found. Patients with a disharmonious profile are at risk for developing psychological maladaptation in the stressful situation of a life-threatening illness. The personal and behavioral profile of the cancer patient is an important criterion for the choice of medical-psychological help and should be taken into account when applying psychological interventions to the patient and his immediate family (family).
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SHEN, Vincent. "有何倫理判準支持複製人？." International Journal of Chinese & Comparative Philosophy of Medicine 1, no. 3 (January 1, 1998): 125–43. http://dx.doi.org/10.24112/ijccpm.11344.
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LANGUAGE NOTE | Document text in Chinese; abstract also in English.本文從儒家倫理學與西方效益論、美務論、德行論等三種倫理學理論中，抽繹出自我保存、自我發展、自由意志、能力卓越、關係和諧等五項倫理判準，用以考量複製人的倫理問題。基本上，本文主張「自我保存」是支持複製人的最有力論證，雖然此一論證仍有其缺陷。若以自我保存作為唯一的論據，仍有所不足，但它仍然是一個最低要求（minimum requirement）的論證。若就發展而言，可分就多樣化和性質優化兩種發展來考量。複製人基本上是一相反多樣化、差異化的研究方案，不過它仍可因為保存瀕臨滅亡的家庭、種族等而間接有助於多樣化。至於性質優化則需經由自由意志的努力方能成為道德的。此外，自由意志、卓越化和和諧化等判準看來，複製人仍存在看許多倫理問題，將在本文中一一分析。The new ethical situation created by new discoveries in bio-engineering needs the establishment of ethical criteria in order to judge the morality or immorality of a specific act in, for example, human cloning. But, in Chinese ethical tradition, especially in the Confucian one, much attention has been paid to normalize sexual behavior and no ethical consideration was done on reproduction outside human sexuality. Even this is the case, the general ethical principles established by Confucianism and other ethical traditions are still valid when applied to the newly emerging technological ethical issues. Therefore, in this paper, I would first derive from Confucian ethics and Western utilitarian ethics, obligation ethics and virtue ethics, five ethical criteria, restructured in a hierarchical order, for judging the ethical issues of human cloning. These criteria are: the criterion of conservation, the criterion of development, the criterion of free will, the criterion of excellence, the criterion of harmony.Basically, the author of this paper sustain the position that only the criterion of conservation gives us the most supportive argument for doing human cloning, even if this argument is still defective. This means that we can clone a member of family or race in order to conserve it from total perishing or extermination. The criterion of conservation, articulated in Modern Western philosophy and also in Chinese culture, if not morally perfect in itself, serves the technical act of human cloning as the minimum requirement.The criterion of development could be considered in two ways: differential variability and qualitative betterment. Considered from the side of differential variability, the technique of human cloning could be considered as a project of anti-differentiation or anti-variation. Still it could contribute to development only through conservation, of the otherwise perishing races or families for example. As to the qualitative betterment, it should be always achieved through volitional effort and not merely through biological genetic engineering.All human action should be mediated by free will in order to become moral. This should be taken into account also in the human cloning experimentation. But this does not mean, if supported by conservation argument and motivated by altruistic reasons, human cloning cannot be performed without the consent of the future cloning, unable to give consent because of inexistence for the time being. In this case, cloning could be ethically done, taking into account the moral example of donation of organs of the dead in accident, donation agreed by his/her parents rather than by the accident-victim. But this reasoning does not apply in the case of cloning motivated by commercial interest. But even if this kind of experimentation could be morally accepted, there is still a complementary condition: that there is no pre-visible danger, pain or discomfort caused by the experimentation.Up from the criterion of free will, we enter into the domain properly human and moral. It is on this level, and also on the levels of arguments from excellence and harmony, that we find most of the ethical difficulties of human cloning. For example, in the case of criterion of excellence, all moral excellence are morally valuable when resulted from the decision of human free will and volitional effort. No one could be morally legitimate to conduct human cloning by reason of producing a human being with better human qualities. All human qualities are social and historically determined. One quality considered as good in one time could become bad in another. The biological experimentation conducted under the pretext of producing better human race could be just a sign of tyranny, as in the case of Hitler.As I see it, many actual arguments against human cloning are based upon a social interpretation of the criterion of harmony. For example, that human cloning might be subversive to actual human sexual relationship, parenthood and family system. In my view,although ethical relationship is surely to be disturbed by human cloning, still this is not a sufficient argument against doing it. Because, for example, the argument of conservation could be more urgent and stronger. For me the most important consideration here is the interest of the child. It is of higher interest for the child that he/she be born with the love and care of his parents rather than becoming an object of human technological adventure.Argument of conservation, being supportive of human cloning, could be realized and concretized through an ethical committee authorized by relevant laws to decide in which case and under what condition a particular case of human cloning could be interpreted as suitable for the criterion of conservation. But this enters the domain of legal institution and exceeds our ethical concern in this paper.DOWNLOAD HISTORY | This article has been downloaded 56 times in Digital Commons before migrating into this platform.
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Giudicessi, A., C. Ibarra, V. Visconti, A. Zenit, and H. Pelayo. "C-44 Exploring the Criterion Validity of the WISC-IV in a Clinically Referred Sample of Children in Mexico." Archives of Clinical Neuropsychology 34, no. 6 (July 25, 2019): 1073. http://dx.doi.org/10.1093/arclin/acz034.206.
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Abstract Objective The Weschler Scale of Intelligence (WISC-IV) is one of the most commonly used measures in the neuropsychological evaluation of children. Little published research utilizes the WISC-IV in diverse populations outside the US. The objective of this study was to examine the criterion validity of the WISC-IV’s subtests and index scores in a clinically referred sample in Mexico. Methods The present study included 86 participants, 35 clinical patients referred for neuropsychological evaluation for persistent learning difficulties at a public clinic and 51 healthy control children enrolled in public school with a GPA of 3.0-4.0 in Puebla, Mexico. Participants were between the ages of 7-12. None of the children in our clinical group had a formal diagnosis of any learning or behavior disorder, this was the first experience seeking neuropsychological evaluation. The WISC-IV was administered to all participants as part of the evaluation process. Informed consent was obtained prior to evaluation. Results Independent sample T-Tests show no significant differences in Full-Scale IQ average (FSIQ) between the clinical sample (M = 75.40, SD = 11.81) and control group (M = 79.73, SD = 10.36). Descriptive statistics for indices and subtests can be found in Table 1. Conclusions Our results demonstrate low average IQ for both groups, indicating further research is needed in understanding the criterion validity of the WISC-IV when applied to clinical populations in Mexico. Furthermore, because we were unable to explain below average scores in the control group by any confounding variable, future studies comparing the Mexican standardization of the WISC-IV with our data before utilizing as clinical evaluation tool is recommended.
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Leonardi, Sergio, Claudio Montalto, Gianni Casella, Daniele Grosseto, Alessandra Repetto, Monica Portolan, Federico Fortuni, et al. "Clinical governance programme in patients with acute coronary syndrome: design and methodology of a quality improvement initiative." Open Heart 7, no. 2 (December 2020): e001415. http://dx.doi.org/10.1136/openhrt-2020-001415.
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IntroductionDespite the availability of diverse evidence-based diagnostic and treatment options, many patients with acute coronary syndrome (ACS) still fail to receive effective, safe and timely diagnoses and therapies. The Association of Acute CardioVascular Care of the European Society of Cardiology has proposed and retrospectively validated a set of ACS-specific quality indicators. Combining these indicators with the principles of clinical governance—a holistic, patient-centred approach intended to promote continuous quality improvement—we designed the clinical governance programme in patients with ACS.Methods and analysisThis is a multicentre quality improvement initiative exploring multiple dimensions of care, including diagnosis, therapy, patient satisfaction, centre organisation and efficiency in all comers patients with ACS.The study will enrol ≈ 5000 patients prospectively (ie, at the time of the first objective qualifying ACS criterion) with a 1-year follow-up. Consecutive inclusion will be promoted by a simplified informed consent process and quantified by the concordance with corresponding hospital administrative records using diagnosis-related group codes of ACS.Coprimary outcome measures are (1) timely reperfusion in patients with ST-elevation ACS and (2) optimal medical therapy at discharge in patients with confirmed acute myocardial infarction. Secondary outcomes broadly include multiple indicators of the process of care. Clinical endpoints (ie, death, myocardial infarction, stroke and bleeding) will be adjudicated by a clinical event committee according to predefined criteria.Ethics and disseminationThe study has been approved by local ethics committee of all study sites. As a quality improvement initiative and to promote consecutive inclusion of the population of interest, a written informed consent will be requested only to patients who are discharged alive. Dissemination will be actively promoted by (1) the registration site (ClinicalTrials.Gov ID NCT04255537), (2) collaborations with investigators through open data access and sharing.
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Steffen, Thomas, Lukas Häller, Lana Bijelic, Markus Glatzer, Olivier Glehen, Diane Goéré, Ignace de Hingh, et al. "Decision-Making Analysis for Hyperthermic Intraperitoneal Chemotherapy in Ovarian Cancer: A Survey by the Executive Committee of the Peritoneal Surface Oncology Group International (PSOGI)." Oncology 99, no. 1 (September 11, 2020): 41–48. http://dx.doi.org/10.1159/000510098.
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<b><i>Objectives:</i></b> To assess the individual treatment strategies among international experts in peritoneal carcinosis, specifically their decision-making in the process of patient selection for hyperthermic intraperitoneal chemotherapy (HIPEC) in women suffering from ovarian cancer, to identify relevant decision-making criteria, and to quantify the level of consensus for or against HIPEC. <b><i>Methods:</i></b> The members of the executive committee of the Peritoneal Surface Oncology Group International (PSOGI) were asked to describe the clinical conditions under which they would recommend HIPEC in patients with ovarian cancer and to describe any disease or patient characteristics relevant to their decision. All answers were then merged and converted into decision trees. The decision trees were then analyzed by applying the objective consensus methodology. <b><i>Results:</i></b> Nine experts in surgical oncology provided information on their multidisciplinary treatment strategy including HIPEC for patients with advanced ovarian cancer. Three of the total of 12 experts did not perform HIPEC. Five criteria relevant to the decision on whether HIPEC is performed were applied. In patients with resectable disease, a peritoneal cancer index (PCI) <21, and epithelial ovarian cancer without distant metastasis, consent was received by 75% to perform HIPEC for women suffering from recurrent disease. Furthermore, in the primary disease setting, consent was received by 67% to perform HIPEC according to the same criteria. <b><i>Discussion and Conclusion:</i></b> Among surgical oncology experts in peritoneal surface malignancy and HIPEC, HIPEC plays an important role in primary and recurrent ovarian cancer, and the PCI is the most important criterion in this decision.
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Wei, Yi, Zheng Ye, Yuan Yuan, Zixing Huang, Xiaocheng Wei, Tong Zhang, Shang Wan, Hehan Tang, Xiaopeng He, and Bin Song. "A New Diagnostic Criterion with Gadoxetic Acid-Enhanced MRI May Improve the Diagnostic Performance for Hepatocellular Carcinoma." Liver Cancer 9, no. 4 (2020): 414–25. http://dx.doi.org/10.1159/000505696.
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Background: To prospectively establish and validate new diagnostic criterion (DC) for liver-specific contrast agents and further compared the diagnostic sensitivity and specificity with conventional DC. Methods: Institutional Review Board approved and written informed consent were obtained for this prospective study. Two board-certified reviewers established the reference standard as hepatocellular carcinoma (HCC), non-HCC lesions by using marks on all cross-sectional MR images. Another 2 abdominal radiologists independently performed the marked lesion observations using 5 different DCs, including DC-1: arterial phase hyperenhancement (APHE) and portal venous phase washout; DC-2: APHE and hepatobiliary phase (HBP) hypointensity; DC-3: APHE and diffusion-weighted imaging (DWI) hyperintensity; DC-4: HBP hypointensity and DWI hyperintensity; DC-5: HBP hypointensity, DWI hyperintensity and excluded these markedly T2 hyperintensity. Diagnostic performance of sensitivity, specificity, and accuracy for each imaging DC was calculated, per-lesion diagnostic sensitivity and specificity of imaging criteria were compared by using McNemars test. Results: A total of 215 patients were included (mean age 53.82 ± 11.24 years; range 24–82 years) with 265 hepatic nodules (175 HCCs and 90 non-HCCs). The DC-4 (93.71%; 164/175) and DC-5 (92.57%; 162/175) yielded the highest diagnostic sensitivity and was better than DC-1 (72.57%; 127/175), DC-2 (82.86%; 145/175), and DC-3 (82.29%; 144/175) (all p < 0.001). The specificity of DC-1 (94.44%; 85/90) was significantly higher than that with DC-2 (83.33%; 75/90), DC-3 (84.44%; 76/90), DC-4 (74.44%; 67/90), and DC-5 (82.22%; 74/90) (all p < 0.05). Additionally, the DC-4 and DC-5 achieved the highest area under curve value of 0.841 (95% CI 0.783–0.899) and 0.874 (95% CI 0.822–0.925). Conclusions: The combined use of HBP hypointensity and DWI hyperintensity as a new DC for HCC enables a high diagnostic sensitivity and comparable specificity.
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Haruna, Junpei, Naomi Minamoto, Mizue Shiromaru, Yukiko Taguchi, Natsuko Makino, Naoki Kanda, and Hiromi Uchida. "Emergency Nursing-Care Patient Satisfaction Scale (Enpss): Development and Validation of a Patient Satisfaction Scale with Emergency Room Nursing." Healthcare 10, no. 3 (March 12, 2022): 518. http://dx.doi.org/10.3390/healthcare10030518.
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This study aimed to develop and validate an emergency nursing-care patient satisfaction scale to measure patient satisfaction with emergency room (ER) nursing. Patient satisfaction scales for ER nursing have been validated without considering the perspectives of the healthcare system or cultural background of the country. Moreover, although nursing care is changing with COVID-19, no scale has been specifically designed to assess patient satisfaction with ER nursing. The study population included patients who visited five ERs in Japan (March to December 2021) (n = 135). The rating scales were provided to patients who visited the ER and gave consent, and the patients were asked to reply. In the process of validating the scale, exploratory and confirmatory factor analyses of the construct and criterion validity were conducted. The confirmatory factor analysis results showed a factorial structure consisting of four factors. The domain and summary scores demonstrated good-to-excellent internal reliability (Cronbach’s range = 0.81–0.89). This patient satisfaction scale was designed and validated from the perspective of the Japanese healthcare system and cultural backgrounds. This scale may be useful for developing assessments and interventions to improve patient satisfaction with ER nursing.
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Newton, David, Cheryl M. Coffin, Edward B. Clark, and Amy Lowichik. "How the Pediatric Autopsy Yields Valuable Information in a Vertically Integrated Health Care System." Archives of Pathology & Laboratory Medicine 128, no. 11 (November 1, 2004): 1239–46. http://dx.doi.org/10.5858/2004-128-1239-htpayv.
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Abstract Context.—Although autopsy rates have declined significantly in recent decades, studies continue to validate the autopsy as an important source of clinically relevant information, a teaching tool, and a quality assurance measure. A recent review of autopsy series showed a decline in the number of serious errors likely to have affected clinical outcome detected at autopsy during the past 46 years, with a current major error rate of 8.4% to 24.4%. Objective.—Our hypothesis was that the pediatric autopsy would uncover a significant number of major unexpected findings at the high end of the spectrum predicted by a recent review. This study assesses the unexpected findings at a pediatric hospital whose autopsy service handles both in-house (tertiary care) and referral (mostly perinatal) cases for a vertically integrated health care system. Design.—Data were analyzed from an autopsy effectiveness report completed for all autopsies performed in 2000. The data from this series include concordance of premortem and postmortem diagnoses, with the autopsy considered the criterion standard. The autopsy effectiveness report also provided logistic information, such as problems with consents, medical records, specimen identification, and prosection. Setting.—Pediatric autopsies were performed by members of the Pediatric Pathology Division in a freestanding children's hospital in the Intermountain West of the United States with a large rural catchment area. This hospital is part of a large health maintenance organization serving the surrounding urban and rural areas. Patients.—A sample of all in-house and referral autopsies for the year 2000 was examined. Main Outcome Measure.—The percentage of cases with a major or minor diagnostic discrepancy or unexpected pathologic finding using the autopsy as the criterion standard. Results.—The overall autopsy rate was 40% (39 hospital autopsies and 15 forensic autopsies per 135 total deaths) and was 32% excluding forensic cases. Twenty-two additional referral autopsies from outside institutions were performed. Of 61 autopsies, 12 (20%) revealed a major diagnostic discrepancy or unexpected pathologic finding, 17 (28%) had a minor unexpected finding or additional diagnosis, 41 (67%) clarified the differential diagnosis, 46 (75%) confirmed or verified a major diagnosis, and 21 (34%) provided information regarding treatment effects. Additionally, 3 (5%) had problems with identification, and 12 (20%) had problems with consent, all of which were resolved prior to initiation of the autopsy. Conclusions.—These data confirm the value of the pediatric autopsy in a children's hospital and a vertically integrated health care system. It is an important medical and quality assurance procedure for assessing the accuracy of diagnoses, clarifying differential diagnoses, yielding unexpected findings, and providing feedback regarding therapeutic outcomes.
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Mikhailov, S. V. "The Presumption of a Creative Nature (Originality) of Copyright Objects." Lex Russica 74, no. 10 (November 12, 2021): 9–25. http://dx.doi.org/10.17803/1729-5920.2021.179.10.009-025.
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The paper is devoted to the doctrinal meaning and practical significance of the presumption of the creative nature (originality) of copyright objects. This presumption is not directly enshrined in Russian law, but it follows from the systemic interpretation of the rules dedicated to notion of the author. A citizen who created a work by his creative work is recognized as the author. The laws of many countries contain the presumption of originality of works, but its interpretations are diametrically different. At the present time, in the conditions of an increasingly accelerating and complicating civil turnover accompanied by the information revolution, legal and technical substantive approaches to the category of originality (as a synonym for creativity) as a common and only prerequisite for the protection of works by copyright and the continental copyright system have gradually begun to converge. At the same time, domestic judicial practice still unreasonably ignores the doctrine of substantial similarity of works based on the presumption of originality. The author proposes an authentic classification of disputes concerning the originality of works, the basis of which is the number of objects involved in the dispute.The author builds a coordinate system, the criterion of which is the degree of change of the original work: identical copying — non-identical copying — processing — free creation of another original work. At the same time, the author emphasizes that a copy, even significantly different from the original, does not cease to be a copy. In legal terms, identical and non-identical copying constitutes reproduction that requires the consent of the author or copyright holder of the original work. A necessary sign of processing is the purpose of the author of the changes to expand the possibilities of using the original work; processing also requires the consent of the author or copyright holder with respect to the original work. Non-identical copying and reworking should be distinguished from creating a new work using an unprotected content of the original authentic work.
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Pismenytskyi, А. А. "INFORMATION AND LEGAL COMPONENTS OF LABOR PROTECTION IN THE CONTEXT OF THE COVID-19 PANDEMIC." Labour protection problems in Ukraine 37, no. 4 (December 30, 2021): 35–43. http://dx.doi.org/10.36804/nndipbop.37-4.2021.35-43.
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The article summarizes the state of legal regulation and judicial and law enforcement practice in the field of labor relations, which arise against the background of the COVID-19 pandemic. The normative legal acts referred to by the Ukrainian authorities when making decisions on compulsory vaccination, and which serve as a normative basis for the removal of certain employees from work, are analyzed. At the same time, an analytical review of the decisions of the Supreme Court of Ukraine and the decisions of the European Court of Human Rights on appeals concerning coercion by the authorities and administrative institutions to vaccinate was carried out. Analytical materials of public associations of lawyers and the practice of the Verkhovna Rada Commissioner for Human Rights were also used for analysis. Attention is drawn to gaps in legislation and regulations on the issue of informed patient consent. Certain options for amending the relevant acts are proposed. Conclusions on the instrumental impact of information and legal aspects on the general state of labor protection in a pandemic. The author, in particular, draws attention to the fact that the state, having established the rule that without vaccinations certain categories of workers can not be admitted to work, fulfills its obligation to ensure labor protection. That is, by creating safety and health conditions at work, public authorities and employers protect not only all workers and those who receive their services, but also the person who has not received preventive vaccinations, through the mechanism of offering such an employee, for example, conditions for remote work. At the same time, the article emphasizes the fact that medical institutions and doctors are largely ignoring the provisions of current legislation on the objective information of patients undergoing vaccination. It is about informing patients about the features of different vaccines and the possible consequences of their use. And this, in turn, should lead to the informed consent of the patients themselves. Thus, informed consent in the described legal relations is a specific indicator and, at the same time, an instrument of labor protection. This, in this case, applies not only to subjects who are vaccinated, because then they receive "admission" to the place of work and the work itself, but also, separately, it is a criterion of quality working conditions of health workers, quality of medical services as an independent species. labor. And reaching the level of collective immunity, thanks to mass vaccination, creates a more global protection of the population, and thus, for its working part, and a tool to protect all types of work.
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Dranseika, Vilius, and Ivars Neiders. "In defense of a pluralistic policy on the determination of death." Ethics & Bioethics 8, no. 3-4 (December 1, 2018): 179–88. http://dx.doi.org/10.2478/ebce-2018-0016.
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Abstract In his paper “The challenge of brain death for the sanctity of life ethic”, Peter Singer advocates two options for dealing with death criteria in a way that is compatible with efficient organ transplantation policy. He suggests that we should either (a) redefine death as cortical death or (b) go back to the old cardiopulmonary criterion and scrap the Dead Donor Rule. We welcome Singer’s line of argument but raise some concerns about the practicability of the two alternatives advocated by him. We propose adding a third alternative that also – as the two previous alternatives – preserves and extends the possibility of organ transplantation without using anyone without their consent. Namely, we would like to draw readers’ attention to a proposal by Robert Veatch, formulated 42 years ago in his 1976 book “Death, dying, and the biological revolution” and developed further in his later publications. Veatch argues for a conscience clause for the definition of death that would permit people to pick from a reasonable range of definitional options. This autonomy-based option, we believe, is more likely to be practicable than the two options advocated by Singer. Furthermore, we present data from a study with Lithuanian participants that suggest that there is quite pronounced variation of preferences concerning death determination.
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Pearce, Augur. "Marriage Reform and the Constitution of the United Reformed Church." Ecclesiastical Law Journal 19, no. 3 (August 31, 2017): 307–24. http://dx.doi.org/10.1017/s0956618x17000485.
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Recent reforms to English and Scots marriage law faced the United Reformed Church (URC) with two challenges. Its hybrid structure of church government, entwining Congregational and Presbyterian strands, complicated application of the statutory criterion ‘persons recognised by [the membership] as competent for the purpose of giving consent’. Precedent from earlier decisions on human sexuality explains the ultimate identification of the local church meeting as the competent council of the URC in England, and why the ‘enabling resolution’ passed regarding civil partnership formation was not repeated. The very different focus of Scots marriage law posed different questions, less focused on buildings or the churches using them and allowing willing celebrants to be nominated by the synod, as for opposite-sex marriage.Advisers differed on whether the denomination possessed any binding doctrine of marriage which would obstruct implementation of the amended law. The General Assembly decision on polity and how it was reached suggest an implicit ruling in the negative. This article defends that outcome, considering the doctrinal foundation of the URC in the light of concessions made at the formative union. Marriage appears as a topic on which no denominational doctrine exists, letting all councils reach theological conclusions necessary to practical decisions within their remit.
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Scott, Sion, Allan Clark, Helen May, and Debi Bhattacharya. "Validation and Feasibility of the Medication Acceptability Questionnaire to Investigate Tablet and Liquid Alendronic Acid with Older Hospital Patients." Pharmacy 6, no. 3 (August 11, 2018): 84. http://dx.doi.org/10.3390/pharmacy6030084.
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The effects of formulation characteristics on acceptability are poorly understood. This study evaluated the validity and feasibility of using the Medication Acceptability Questionnaire (MAQ) to investigate factors influencing acceptability of tablet compared with liquid alendronic acid. Written consent was obtained from eligible patients on Older People’s Medicine wards. MAQ face and content validity were evaluated through cognitive interviews while internal consistency and criterion validity were investigated by calculating Cronbach’s alpha and correlation of MAQ items with visual analogue scale (VAS) responses. MAQ data were obtained from 33 and 25 participants for tablet and liquid formulations respectively. Cognitive interviews indicated MAQ face and content validity. The domains of appearance, efficacy, and tolerability demonstrated adequate internal consistency and suitable refinements were identified for the domains of convenience and taste with Cronbach’s alpha <0.7. Significant positive correlations were identified between all MAQ domains and VAS. The liquid trended towards performing better for taste, appearance and tolerability and the tablet for convenience and efficacy. It is feasible to capture patient acceptability of a medication by questionnaire. Interpatient variation in acceptability for two formulations indicates that medication characteristics should be considered during prescribing and medication reviews to match patient preference with the appropriate formulation.
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Masuda, Takanori, Takeshi Nakaura, Yoshinori Funama, Tomoyasu Sato, Tetsuya Nitta, Toru Higaki, Yasutaka Baba, Yoriaki Matsumoto, Naoyuki Imada, and Kazuo Awai. "Effect of Patient Characteristics on Vessel Enhancement in Pediatric Chest Computed Tomography Angiography." Canadian Association of Radiologists Journal 70, no. 2 (May 2019): 181–85. http://dx.doi.org/10.1016/j.carj.2018.08.005.
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Introduction To evaluate the effect of sex, age, height, cardiac output (CO), total body weight (TBW), body surface area (BSA), and lean body weight (LBW) on vessel enhancement of the ascending aorta in pediatric chest computed tomography angiography (c-CTA). Materials and Methods This retrospective study received institutional review board approval; parental prior informed consent for inclusion was obtained for all patients. All 50 patients were examined using our routine protocol; iodine (600 mg/kg) was the contrast medium (CM). Unenhanced and contrast-enhanced scans were obtained. We calculated the CM volume per vessel enhancement and performed univariate and multivariate linear regression analysis of the relationship between CM volume per vessel enhancement and each of the body parameters. Results All patient characteristics were significantly related to CM volume per vessel enhancement ( P < .05). Multivariate linear regression analysis revealed a significant correlation between CM volume per vessel enhancement and TBW, BSA, and LBW, but not the patient sex, age, CO, and height. The LBW model for CM volume per vessel enhancement yielded the highest determination coefficient (R2 = .913) and the lowest Akaike Information Criterion (400.324). Conclusions Our findings support the delivery of an iodine dose adjusted to the LBW at c-CTA.