Top PDF CIVIL LIABILITY OF DOCTORS AND THEIR INSURANCE (MALPRACTICE)

CIVIL LIABILITY OF DOCTORS AND THEIR INSURANCE (MALPRACTICE)

CIVIL LIABILITY OF DOCTORS AND THEIR INSURANCE (MALPRACTICE)

Abstract: Malpractice insurance of medical staff is probably the oldest professional liability insurance underwritten in the insurance market in Romania. The aim of our research is to theoretically examine in a qualitative inquiry the usefulness of insurance completion by the practitioners from the Romanian health system at both state and private, in order to improve a best practice medical insurance. The medical profession is practiced in Romania under the Code of Medical Ethics 30 March 2012 prepared in code that complies with international standards contained in the Geneva Declaration of 1948, as amended by the World Medical Association and the International Code of Medical Ethics. The forms of medical liability are: disciplinary, administrative, civil and criminal and only the civil liability can be taken into insurance because only it meets the conditions of insurability. Once we explain in general and the insurance liability in particular we show articles of the Romanian Civil Code which establishes the obligation the one that caused an injury to a third person for the repair or indemnify and conditions provided by the Civil Code as an act to be considered liability. Then we refer to situations where the patient may be damaged through the fault of the doctor or the doctor unit operates. The object of malpractice insurance is loss of money that the insured would have to pay a patient whom he caused injury as a result of acts or deeds of negligence committed to, during and in relation to professional activity. Risks taken in the insurance are personal injury, illness or death of the patient and / or moral damages. Regarding the excluded risks we have presented an overview of the more common contracts underwritten by Romanian insurance companies. We show the way of underwriting, the insured sums of the standard insurance and the additional one which subscribes moral damages, to companies in Romania agreed by bodies which organize and supervise the Romanian medical system. The current procedure for determining the guilt of a doctor and his patient complained of the amount of damages is a long and difficult. The procedure for determining the guilt of a doctor reported by his patient and the amount of compensation is a long and arduous one. In conclusions we have shown that along with the reform and reorganization of the Romanian medical system, the civil liability insurance of the medical staff, the way of contracting, the way of establishing the guilt of the applicant and the amount of compensation need to be reformed.
Mostrar mais

10 Ler mais

Civil liability in sports for commission merchant in Iran’s Law

Civil liability in sports for commission merchant in Iran’s Law

arise for them. Today, some individuals under the title of manager hold the responsibility of guiding and directing several athletic organizations that a sports club manager is among them. Noting the professionalization of sports and the extensive attendance of individuals in specifically teens and the youth and also professional athletes in the athletic arena of the country the responsibility of these persons is so heavy since they should direct the whole agents and the subordinates or subdivisions of the sports clubs in several types of sports and age groups until they reach a decent result. If the sports clubs’ managers don’t fulfil their duties and/or fail in their duties or carry out improvident actions and in this alignment an accident happens for persons or they undergo any harm they will be accountable. There are multiple ways to compensate for the losses that one of which is making use of insurance. Sports clubs managers can create peace of mind for themselves and others by using civil liability insurance and in case of occurrence of any liability make use of it. Expansion and development of Sports and Athletics rights specifically scrutinization of the civil liability in sports can lead to the exaltation and development of sports in Iran. By noting what is inserted in this text it seems that the civil and sports liability as a legal entity is mostly based on the theory of hazard since due to the establishment of an athletic atmosphere and employing athletes and also encouraging the spectators to attend the stadium and watch the contests, sports clubs earn profit and are liable to any probable harm even by assuming the lack of failure or dereliction of the authority. However, the liability of a sports manager either an agent or the representative of a legal entity or a pillar of that person is merely based on the Drawback Theory and in case an injury incurs upon an athlete without observing the relevant regulations and ratifications on behalf of the manager, the manager is responsible to compensate for the harm.
Mostrar mais

13 Ler mais

Seguro e risco moral: o seguro de responsabilidade civil dos administradores (directors & officers liability insurance) e as ferramentas regulatórias para mitigar o risco moral no contexto corporativo

Seguro e risco moral: o seguro de responsabilidade civil dos administradores (directors & officers liability insurance) e as ferramentas regulatórias para mitigar o risco moral no contexto corporativo

mérito, por que elas simplesmente não evitam esses acordos e perseguem tais julgamentos de mérito? Os autores explicar que tal situação levaria a um problema de ação coletiva. O custo assumido por uma parte de levar o seu próprio caso a um julgamento de mérito irá exceder os benefícios da criação de mais um precedente. Isso tem a ver com o fato de o benefício decorrente de um julgamento de mérito ser usufruído coletivamente por todas as empresas, sem a possibilidade de compensar as empresas que levaram os seus casos a julgamento e, assim, criaram precedentes. “In other words, the social benefit (negotiating in an environment of more adjudication) requires great individual sacrifice (foregoing settlement in favor of adjudication). Because no one will willingly make this sacrifice – all, in other words, rationally prefer to free-ride – the social benefit of more adjudication does not arise”. Ibid, p. 228.
Mostrar mais

143 Ler mais

Hist. cienc. saudeManguinhos  vol.13 número2

Hist. cienc. saudeManguinhos vol.13 número2

Inside the peninsula, the degree of unity of the Spanish Army public health system became higher than usual. For instance, over 30 Catalan doctors were distributed quite homogenously all through the four divisions of the army of operations. The medical direction of this army was also in the hands of another Catalan, León Anel Sin, probably due to his personal relation with General O’Donnell, although he got sick and had to be replaced first by José María Santucho and later by Antoni Codorniu (Massons, 1994, vol. II, p. 222). But at the same time, there was a more explicitly defined Catalan participation through the corps of Voluntaris catalans (Catalan volunteers) organised by the Diputación Provincial of Bar- celona commanded by General Prim. The 500 voluntaris were assisted by 30 Catalan civil doctors recruited and paid by the Diputación, which also established a civil hospital for them in the Camp of Gibraltar, run by Dr. José Esteva Vidal (Calpena & Junqueras, 2003, p. 166; Massons, 1994, vol. II, p. 223). The participation of voluntaris and civil doctors meant that the “liberal” or “mesocratic” sector of Catalan society, which had only involved itself in the creation of Milicias Provinciales and Cuerpos Francos in short periods (the most recent one, in 1856), was now significantly articulated with the army. There were also Basque volunteers from the Diputación Gene- ral of Vizcaya, with their own doctors.
Mostrar mais

35 Ler mais

Insurance Contract, Just Compensation as Result of Insurance

Insurance Contract, Just Compensation as Result of Insurance

Life insurance is diferent from asset insurance in that it does not purport to pay claims of damages but to provide support. Life insurance is designed to insure someone’s old age support or to insure someone’s relaives in case of death. The veriicaion of the insured event (e.g. death or vesing age) is enough for a claim obligaion to arise for the insurer. No other evidence of proof is required in this cases. One widespread type of insurance, both globally and in Albania, is the life insurance in favour of a third party, e.g. life insurance that a husband does in favour of his wife or parents’ life insurance in favour of their children (Aricle 1153 of the Civil Code). In case of death the insurer is obliged to pay to the third paries the amount speciied in the life insurance contract. Mandatory insurance is regulated by the Presidenial Decree No 295 of 15 September 1992 and Law No 8729 of 18 January 2001.
Mostrar mais

11 Ler mais

The communicative function of civil liability: evidence from a case of impunity

The communicative function of civil liability: evidence from a case of impunity

According to the plaintiffs, in December 1972, officers under the orders of the defendant – who was then a major of the Brazilian army – arrested two of the plaintiffs, husband and wife, together with a friend of theirs. They were taken to a building belonging to the army in the city of São Paulo, where they were continuously tortured. The next day, police officers arrested the other plaintiffs: the wife’s sister – who was pregnant – and the couple’s two children, then aged 5 and 4. They were all taken to the same place as the others, where the pregnant plaintiff was also tortured. The children were kept locked in the building, were used as a means of psychologically torturing their parents, in addition to being forced to see their mother and father badly hurt. The adults were imprisoned for periods varying from four months to five years 5 .
Mostrar mais

12 Ler mais

A RESPONSABILIDADE CIVIL DOS REGISTRADORES IMOBILIÁRIOS THE LIABILITY OF THE ESTATE REGISTERS

A RESPONSABILIDADE CIVIL DOS REGISTRADORES IMOBILIÁRIOS THE LIABILITY OF THE ESTATE REGISTERS

The present study refers to the Liability and Registrars , aiming to establish the situations in which these professionals are responsible for damage caused in the exercise of their functions . The main focus was the liability of the registers , it is evident that for a coherent and sequential theme, it was necessary to approach the fundamental concepts inherent to civil liability, as well as the concept of registers . The aim of this study was to analyze the Brazilian legal system on the registers, and from a systematic interpretation of existing standards to identify what type of responsibility that should be attributed to those who although they are endowed public faith in the acts involved and Declarations depict , are not civil servants . With the goal to achieve this goal it was necessary to address liability from its historical aspects , its assumptions , cheganto its classification as a liability in contract or tort , objective or subjective . Mention was also made regarding the liability of the State , moreover , has been explained on the registers, from its origins , with emphasis on their roles and acts done by them. The methodology used was the literature research . Given what has been exposed in the development of this monograph , we reached the conclusion that the liability of the registers it is subjective liability , ie , one that requires proof of fault element , since these are individuals and do not fit on the provisions of Article 36 , § 7 of the Constitution.
Mostrar mais

18 Ler mais

A BUSCA PELO BELO E A  CIVIL DO MÉDICO EM CIRURGIA PLÁSTICA ESTÉTICA  Jossiani Augusta Honório Dias, Muriana Carrilho Bernardineli

A BUSCA PELO BELO E A CIVIL DO MÉDICO EM CIRURGIA PLÁSTICA ESTÉTICA Jossiani Augusta Honório Dias, Muriana Carrilho Bernardineli

The growing search for Belo in the contemporary society vision has caused gradual yearning of people in performing cosmetic surgery. In the meantime, doctors increasingly are sought to carry out these procedures, directing them to liability. In general, physicians have liability based on fault, however, when it comes to plastic surgery, the majority doctrine press the obligation of result, and the non-occurrence of this and consequent damage generates the duty to indemnify. Finally, it calls to mention that it is theoretical research, with analysis works, jurisprudence and motivated facts, still using the inductive method.
Mostrar mais

26 Ler mais

DEVELOPMENTS AND TRENDS IN THE LIFE INSURANCE MARKET IN ROMANIA

DEVELOPMENTS AND TRENDS IN THE LIFE INSURANCE MARKET IN ROMANIA

The market represents a coherent ensemble, system or network of relationships of sale between economic agents are, on the one hand, united by ties of interdependence and, on the other hand, the opposition is in relationships, each pursuing his interest. Square signifies the existence of clashes between carriers and demand determines the price by which economic goods that are exchanged. On the insurance market are meeting the demand for insurance, which comes from insured individuals and businesses keen to enter various types of insurance with the insurance, supported by specialized organizations licensed to operate in this area and able, under the financial report to carry out such activity. Insurance application is focused on insurance contracts after confronting her with the offer. Demand for insurance people, property and liability comes from individuals who want to enter into contracts of insurance to protect them, their families and the entities concerned to provide security to their employees in case of accidents or illnesses. Since insurance through a specialist company (insurer) undertakes to cover you in return premiums received from natural and legal persons (as the insured), the negative effects of an event or complex of events, ensuring appears as a means through which the insured can provide shelter from the dangers that threaten them. Insurance operations are conducted within a framework called the insurance market. Findings insurance market situation can be achieved by presenting quantitative indicators that reflect the importance of the insurance sector in the national economy as well as qualitative indicators. Among the indicators that characterize the insurance market are: the number of contracts signed in a certain branch or sub-branch of insurance, the volume of written premiums, the amount of insurance obligations, the amount of indemnities paid.
Mostrar mais

5 Ler mais

Filtration of aluminum alloys and its influence on mechanical properties and shape of eutectical silicium

Filtration of aluminum alloys and its influence on mechanical properties and shape of eutectical silicium

This paradoxical effect can be probably explained by the influence of multiple re-melting. Every re-melt is material exposed to surrounding atmosphere, what results in a formation of more oxide films. The surface oxide films are entrained into the melt, what causes high porosity of test sample and so reduce effective section during a tensile impact test.

4 Ler mais

A Study of Comparatively Low Achievement Students’ Bilingualized Dictionary Use and their English Learning

A Study of Comparatively Low Achievement Students’ Bilingualized Dictionary Use and their English Learning

Among research into bilingual dictionaries, Knight’s (1994) study showed lower proficiency learners’ improved reading comprehension by using bilingual dictionaries to look up totally unfamiliar words. Other researchers, such as Hulstihn, Hollander and Grenadius (1996), found that learners of all levels can use bilingual dictionaries to learn vocabulary while advanced learners are more likely to use bilingual dictionaries to confirm their understanding of partially known L2 lexical items (Atkins and Varantola 1997; Hulstijn 1993; Knight 1994). In spite of quick consultation of L2 words and L1 equivalents, bilingual dictionaries have attracted criticisms as low level L2 learners might be put under wrong impression that they can find perfect equivalents in both languages. Due to limited information provided in bilingual dictionaries, Hunt (2009) argues that this weakness of bilingual dictionaries may transform language learning into “a matter of one-to-one word translation,” (p.14 ) and in turn students might prefer to employ this strategy to deal with the meanings of unknown words directly. The advantages of quick consultation of L2 words and L1 translations in bilingual dictionaries should be acknowledged as they indeed help learners quickly understand the gist of new words. But, simplistic translations are very likely to blur learners’ view of the correct concept of L2 knowledge and block their progress in developing L2 proficiency level.
Mostrar mais

21 Ler mais

How can doctors help their patients to return to work?

How can doctors help their patients to return to work?

to advocate workplace adaptations to prevent disability. Usually, these interventions are beyond the scope of clinicians. However, there is evidence that special arrangements made by the employer such as gradual return to work, which all doctors can recommend, facilitate the return to work of patients in general [12]. Thirdly, opportunities are provided by person-related factors; improving skills or learning new skills have been the focus of rehabilitation for a long time, especially for people with serious mental health problems. A Cochrane review shows, however, that supported employment is more effective than prevocational training [13]. Supported employment emphasizes rapid job placement for the patient and ongoing support after placement.
Mostrar mais

4 Ler mais

Effect of water glass modification with nanoparticles of zinc oxide on selected physical and chemical properties of binder and mechanical properties of sand mixture

Effect of water glass modification with nanoparticles of zinc oxide on selected physical and chemical properties of binder and mechanical properties of sand mixture

Figures 3,4,5 show changes in the value of the contact angle in a quartz-binder system. Figure 3 illustrates the quartz wetting characteristics using an unmodified binder, while Figures 4 and 5 show the results of analogical measurements taken for the binder modified with 1 or 3 wt.% of the modifier.

4 Ler mais

A REGULAÇÃO DA ATIVIDADE ESPACIAL: A QUESTÃO EMERGENTE DA RESPONSABILIDADE CIVIL NO TRANSPORTE TURÍSTICO AEROESPACIAL

A REGULAÇÃO DA ATIVIDADE ESPACIAL: A QUESTÃO EMERGENTE DA RESPONSABILIDADE CIVIL NO TRANSPORTE TURÍSTICO AEROESPACIAL

O presente trabalho debruça-se sobre algumas das questões jurídicas em torno da exploração privada do espaço. A responsabilidade civil no turismo espacial é o ponto central da investigação, procurando compreender qual o enquadramento jurídico internacional e qual a sua conexão com o direito interno dos Estados. Em concreto, o estudo dos principais tratados internacionais, a realidade jurídico-espacial norte- americana e os desenvolvimentos a nível europeu estão no cerne da análise que aqui se propõe, não descurando o ponto de vista de uma possível harmonização internacional. Para tal, além da necessária contextualização teórica sobre a evolução do direito espacial e de uma breve abordagem às questões técnicas da engenharia aeroespacial atual, o objetivo passa por examinar as características do direito espacial internacional e como se coadunam com os novos protagonistas privados, responsáveis pela oferta de voos suborbitais para fins turísticos, a realizar num futuro próximo.
Mostrar mais

95 Ler mais

The economic crisis and the insurance industry: The evidence from the ex-Yugoslavia region

The economic crisis and the insurance industry: The evidence from the ex-Yugoslavia region

growth of non-life insurance premiums has accelerated (see Table 5). At the same time since 2007 the ratio of losses in gross written premiums has only marginally increased. Thus despite the absence of available data for the underwriting result we can conclude that it has not been significantly impaired by the financial crisis. However as is shown in Table 2 the impact of the financial crisis on different classes of insurance was slightly different in the Bosnian and Herzegovinian insurance market. This market showed an increase in gross written premiums for all insurance classes. However the most significant increase was recorded for land motor vehicle insurance, goods in transit insurance, and credit insurance. As insurance of land motor vehicles has increased faster than motor vehicle liability insurance we could assume that people are feeling less secure. In addition the increase in goods in transit and credit insurance premiums reflects the increased need of businesses for property and liability protection, which is caused by the crisis. Regarding the notable increase of credit insurance premiums we must emphasise that it could signal that significant shocks in the financial system of Bosnia and Herzegovina are to be expected, but could also signal the absence of insurers’ cautiousness to insure credit risk exposures. The general fact is that when people feel less secure during times of crisis they are less inclined to invest long term. As life insurance premiums increased by 21% during 2008 the assumption could be made that the financial crisis had insignificant impact. However we are of the opinion that the reason behind such a significant increase in life insurance premiums is the absence of a significant share of life insurance premiums in the total premium before the crisis.
Mostrar mais

34 Ler mais

Smoking in health professionals

Smoking in health professionals

Smoking in health professionals has been shown to affect their professional life: smoking doctors are less likely than nonsmoking doctors to raise the smoking issue with their patients and although there are not such good data on the issue, it seems likely that a currently smoking health professional will lack credibility with any smokers they may wish to counsel. So before we can expect a reduction in smoking prevalence in a country we need activity in several key areas – regular price rises over and above inflation through taxation, a tobacco advertising ban, restrictions on smoking in workplaces and in public places, a vigorous, well funded and sustained public eduction campaign to inform smokers of the dangers of smoking and treatment to help addicted smokers stop. These are the main components of effective tobacco control campaigns but history suggests that in countries that have seen significant reductions in smoking prevalence in the general population, it fell first in doctors (1) . So we should add to this list
Mostrar mais

1 Ler mais

Diabetic patients could do as well as non-diabetic patients without inflammation on peritoneal dialysis.

Diabetic patients could do as well as non-diabetic patients without inflammation on peritoneal dialysis.

study showing that the survival rate of diabetics did not differ from that of non-diabetics if CVD and protein energy wasting were absent [27]. It is worth noting that the predict role of DM was possibly underestimated to some extent, because CVD history was included in the COX model and that some of the effect upon mortality of DM is likely through this. Second, inflammation was revealed to be closely associated with malnutrition [28], worse glycemic control [29], increased blood pressure [30] and volume overload [31]. All the above factors play great roles in the development and progression of comorbidities such as CVD and infection in patients on PD [32]. Therefore, it is not surprising that inflammation can dramatically amplify the difference in survival rates of diabetic and non- diabetic PD patients. Third, both DM [33] and inflammation [11] have been associated with faster decline of RRF in PD patients, therefore we could not preclude that the rapid loss of Table 4. Adjusted hazard ratio of risk factors on death in peritoneal dialysis patients divided by hsCRP level.
Mostrar mais

7 Ler mais

Buying Behavior Of Organic Vegetables Product The Effects Of Perceptions Of Quality And Risk

Buying Behavior Of Organic Vegetables Product The Effects Of Perceptions Of Quality And Risk

Quality is defined as the degree of excellence or superiority that an organization’s product possesses (Khan, 2005:28). Consumers judge or perceive the quality of the products and it also called perception of quality, because perception of quality derived from the analysis of consumers on product quality (Sanyal & Datta, 2011:605). Customer perceived value of product quality is a consumer opinion as ability of the product who suitable with expectation of consumer (Terenggana et al., 2013:326). Perception of quality is formed on consumers can be affected by several things including past experience, education, purchasing and consumer community (Yaseen et al., 2011:834), and perception of quality is important in improving the quality of products in the view of consumers (Parrol et al., 2013:603). Since knowledge and consumer needs change time by time, it taken an understanding related consumer perception of quality in evaluated to be known how big influence on purchase intention (Sanyal & Datta, 2011:607). Reviewing consumer behavior in foods, in previous research is often studied through perception of quality (Carrasco et al., 2012:1414). On last studied, perceived quality is the consumer’s judgment about a product’s overall excellence or superiority (Zeithaml, 1988). Meanwhile perceived quality is the judgment a consumer of product which refers to the physical characteristics of the product, and is related more to engineering and food technology (Carrasco et al., 2012). Several things that concern on perception of quality, first are spoke on the advantages related to the assessment of consumer products and the second on the technology applied to products that are both better than similar products. That matter is a critical element for consumer decision making, consequently, consumers will compare the
Mostrar mais

8 Ler mais

Responsabilidade civil do médico na prática da distanásia

Responsabilidade civil do médico na prática da distanásia

Mr. X, 64 years old, physician, holder of an advanced gastric carcinoma with lung, liver and kidney metastases, with no indications of chemo- therapy and radiation, seeks a hospital feeling se- vere abdominal pain and mild dyspnea. At the time of admission, being clinically conscious and aware of his terminal illness, expressed to the physician, the desire to remain under palliative care and in the company of his family and not being transferred to the ICU in a possible clinical worsening and/or car- diac arrest. On the second day of hospitalization, Mr. X, in the presence of the treating physician and their family members, has a cardiac arrest. At that moment, the professional, not taking into account the wishes of the patient and his family, performs cardiopulmonary resuscitation and directs the pa- tient to the ICU. Mr. X thus remains tied to several tubes, undergoing various invasive procedures; his body becomes just an extension of the machines. The family, dissatisfied with the contempt of the fi- nal will of the patient, pray that God will remove him from that torture. After a week in the ICU, Mr. X dies in a cold and lonely environment, without having the opportunity to say goodbye to those who loved him. His plagued body ended up resting “bundled” on a hospital gurney.
Mostrar mais

9 Ler mais

Rev. Bras. Enferm.  vol.68 número4

Rev. Bras. Enferm. vol.68 número4

Thus, prior to the AMI being discovered, the support to main- tain life, manifested mostly in material actions such as transport- ing the patient to the hospital, was performed as much by un- known individuals as by his/her own family. On the other hand, during the period immediately after the AMI, namely the time spent in hospital and the subsequent return home, the family receives instrumental and emotional support from both distant and close members of that family, but especially from the chil- dren, configuring a remission of the family system in order to gain stability. In addition, during hospitalization the health pro- fessionals, particularly the doctors and nurses, are mentioned in the interview statements; these individuals offer three types of support: emotional, informational and instrumental.
Mostrar mais

7 Ler mais

Show all 10000 documents...