The specifics of the interpretation of non-performance or improper performance by medical or pharmaceutical employees of their professional duties, taking into account the practice of the ECHR.

OBJECTIVE: Aim: To find out the specifics of the interpretation of non-performance or improper performance by medical or pharmaceutical employees of their professional duties, taking into account the practice of the ECHR. PATIENTS AND METHODS: Materials and Methods: This article is based on the analysis of the international legal acts, the practice of the ECHR, national judicial practice, court statistics, criminal and medical law legal doctrine, official statistics of the Office of the Prosecutor General of Ukraine, analytical data based on the results of cooperation with the "Main Bureau of Forensic Medical Examination of the Ministry of Health of Ukraine". Dialectical, comparative, analytical, synthetic and system analysis research, hermeneutic methods were used. RESULTS: Results: In each specific case it is necessary to establish whether there is non-performance or improper performance of professional duties by medical or pharmaceutical employees, the result of which is the failure to fulfil his direct professional duties, provided for by regulatory and legal acts, job instructions, qualification requirements and standards of treatment. The patient's right to health care is not ensured by the guarantees provided for by national legislation, so patients file complaints with the ECHR. CONCLUSION: Conclusions: A single approach to the interpretation of such terms as "non-performance or improper performance by a medical or pharmaceutical employee his professional duties" is a guarantee of the uniformity of their enforcement and the formation of stable judicial practice in this category of criminal cases.

Perspectives from the 2nd International Post-Tuberculosis Symposium: mobilising advocacy and research for improved outcomes.

In 2020, it was estimated that there were 155 million survivors of TB alive, all at risk of possible post TB disability. The 2nd International Post-Tuberculosis Symposium (Stellenbosch, South Africa) was held to increase global awareness and empower TB-affected communities to play an active role in driving the agenda. We aimed to update knowledge on post-TB life and illness, identify research priorities, build research collaborations and highlight the need to embed lung health outcomes in clinical TB trials and programmatic TB care services. The symposium was a multidisciplinary meeting that included clinicians, researchers, TB survivors, funders and policy makers. Ten academic working groups set their own goals and covered the following thematic areas: 1) patient engagement and perspectives; 2) epidemiology and modelling; 3) pathogenesis of post-TB sequelae; 4) post-TB lung disease; 5) cardiovascular and pulmonary vascular complications; 6) neuromuscular & skeletal complications; 7) paediatric complications; 8) economic-social and psychological (ESP) consequences; 9) prevention, treatment and management; 10) advocacy, policy and stakeholder engagement. The working groups provided important updates for their respective fields, highlighted research priorities, and made progress towards the standardisation and alignment of post-TB outcomes and definitions.

En 2020, il est estimé qu'il y a 155 millions de survivants de la TB dans le monde, tous exposés à un risque d'invalidité post-TB. Le deuxième Symposium International Post-Tuberculose (Stellenbosch, Afrique du Sud) a été organisé dans le but de sensibiliser davantage à l'échelle mondiale et de permettre aux communautés touchées par la TB de contribuer activement à la mise en œuvre de l'agenda. De plus, nous avons entrepris de mettre à jour les connaissances sur la vie et les maladies post-TB, de déterminer les domaines de recherche prioritaires, d'établir des partenariats de recherche et de souligner l'importance d'intégrer les résultats sur la santé pulmonaire dans les essais cliniques et les services de soins de la TB. Le symposium était une réunion de travail pluridisciplinaire rassemblant des praticiens, des chercheurs, des personnes ayant survécu à la TB, des donateurs, des décideurs politiques et d'autres acteurs clés. Dix groupes de travail académiques ont établi leurs propres objectifs et ont abordé les sujets thématiques suivants : 1) engagement et perspectives des patients ; 2) épidémiologie et modélisation ; 3) pathogénie des séquelles post-TB ; 4) maladie pulmonaire post-TB (PTLD, pour l'anglais «post-TB lung disease ¼) ; 5) complications cardiovasculaires et vasculaires pulmonaires ; 6) complications neuromusculaires et squelettiques ; 7) complications pédiatriques ; 8) conséquences économiques, sociales et psychologiques (ESP, pour l'anglais «economic-social and psychological¼) ; 9) prévention, traitement et gestion ; 10) plaidoyer, politique et engagement des parties prenantes. Les groupes de travail académiques ont apporté des mises à jour significatives dans leurs domaines respectifs, ont mis en évidence les priorités de recherche et ont avancé vers la normalisation et l'harmonisation des résultats et des définitions de la post-TB.

Case commentary: a 'merciful approach' to discipline for a New Zealand lawyer's misconduct.

A recent decision reveals how a New Zealand's disciplinary tribunal promoted justice for an unwell lawyer in a case of professional misconduct. In 2023, the Lawyers and Conveyancers Disciplinary Tribunal (LCDT) applied a 'merciful approach' when assessing the lawyer's misconduct and health issues. In Auckland Standards Committee 3 v Ms W [2023], the LCDT discussed the impacts of reproductive treatment in relation to the practitioner's conduct. This decision is the foundation to compare the disciplinary regime for legal and health practitioners in New Zealand. The article outlines New Zealand's framework for discipline of lawyers, noting the absence of a health pathway. The article discusses opportunities to resolve cases involving impaired lawyers outside the disciplinary system, including benefits and disadvantages of mandatory reporting. While focusing on the legal profession, the discussion is relevant to other professions and examines health-promoting regulatory strategies from other jurisdictions.

Neurosurgical Malpractice Litigation: A Systematic Review and Meta-Analysis.

BACKGROUND: Neurosurgery has 1 of the highest risks for medical malpractice claims. We reviewed the factors associated with neurosurgical malpractice claims and litigation in the United States and reported the outcomes through a systematic review of the literature. METHODS: We conducted a systematic review of the literature according to the Preferred Reporting Items for Systematic Reviews and Meta-Analysis guidelines using the Medline, Embase, Cochrane, PubMed, and Google Scholar databases. We sought to identify pertinent studies containing information about medical malpractice claims and outcomes involving neurosurgeons in the United States. RESULTS: We identified 15 retrospective studies spanning from 2002 to 2023 that reviewed over 7890 malpractice claims involving practicing neurosurgeons in the United States. Disparities were evident in neurosurgical litigation, with 474 cases linked to brain-related surgeries and a larger proportion, 1926 cases, tied to spine surgeries. The most commonly filed claims were intraprocedural errors (37.4%), delayed diagnoses (32.1%), and failure to treat (28.8%). Less frequently filed claims included misdiagnosis or choice of incorrect procedure (18.4%), occurrence of death (17.3%), test misinterpretation (14.4%), failure to appropriately refer patients for evaluation/treatment (14.3%), unnecessary surgical procedures (13.3%), and lack of informed consent (8.3%). The defendant was favored in 44.3% of claims, while in 31.3% of lawsuits were dropped, 17.7% of verdicts favored the plaintiff, and 16.6% reached an out of court settlement. Only 3.5% of lawsuits found both parties liable. CONCLUSION: Neurosurgery is a high-risk specialty with 1 of the highest rates of malpractice claims. Spine claims had a significantly higher rate of filed malpractice claims, while cranial malpractice claims were associated with higher litigation compensation. Predictably, spinal cord injuries play a crucial role in predicting litigation. Importantly, nonsurgical treatments are also a common source of liability in neurosurgical practice.

Abuse of right during application of coercive medical measures in criminal proceedings.

OBJECTIVE: Aim: To determine the problematic issues of ensuring the rights and freedoms of persons suffering from mental disorders and to whom CMM are applied in criminal proceedings under the legislation of Ukraine and the legislation of the states that adhere to the modern concepts of international standards of human rights ensuring to a person the CMM are applied to. PATIENTS AND METHODS: Materials and Methods: Legal positions of the ECHR, criminal procedural legislation of a number of states, and a survey of scientists and practitioners conducted by the authors are used in this paper (total number of respondents was 168). A set of general scientific and special methods are used to achieve the aim of the study. CONCLUSION: Conclusions: The practice of applying СMM to persons suffering from mental disorders in criminal proceedings in Ukraine and other states does not fully meet international standards and needs improvement. It was suggested to make changes to the legal acts on the use of CMM in criminal proceedings.

Influence of various factors on the legal outcome of cases of child abuse-experiences gathered at an interdisciplinary forensic examination center in Vienna, Austria.

BACKGROUND AND OBJECTIVE: To improve the currently low conviction rate in cases of child abuse a forensic examination center for children and adolescents (FOKUS) was established in Vienna, Austria. Besides a state of the art treatment combined with forensic documentation, one of FOKUS' key goals is to identify potential areas for improvements within the process legal proceedings in cases of child abuse through constant scientific monitoring. The accompanying study at hand includes all patients referred to FOKUS within a two year timeframe (n = 233), monitoring their progression from first contact with the medical professionals from FOKUS to the end of criminal proceedings. A detailed analysis of case files was performed in those cases that were reported to the legal authorities by the clinicians of FOKUS (n = 87). Aim of the study is to investigate which factors contribute to the initiation of legal proceedings and a successful conviction. RESULTS: Multivariate logistic regression analyses showed that main proceedings were opened more often in cases where the offender was an adult (p < 0.001) or admitted his guilt (p < 0.001) and if digital traces were available (p = 0.001) or trial support (p = 0.024) present. Furthermore, the combined occurrence of medical documentation and victim disclosure was related to a higher probability of opening main trials. CONCLUSION: These findings underline how challenging the successful persecution of an offender in cases of child abuse is.

Statistical model and method for analyzing AI conference rankings: China vs USA.

Artificial Intelligence (AI) is a rapidly developing field of research that attracts significant funding from both the state and industry players. Such interest is driven by a wide range of AI technology applications in many fields. Since many AI research topics relate to computer science, where a significant share of research results are published in conference proceedings, the same applies to AI. The world leaders in artificial intelligence research are China and the United States. The authors conducted a comparative analysis of the bibliometric indicators of AI conference papers from these two countries based on Scopus data. The analysis aimed to identify conferences that receive above-average citation rates and suggest publication strategies for authors from these countries to participate in conferences that are likely to provide better dissemination of their research results. The results showed that, although Chinese researchers publish more AI papers than those from the United States, US conference papers are cited more frequently. The authors also conducted a correlation analysis of the MNCS index, which revealed no high correlation between MNCS USA vs. MNCS China, MNCS China/MNCS USA vs. MSAR, and MNCS China/MNCS USA vs. CORE ranking indicators.

Proceedings of the 2023 Cannabis Clinical Outcomes Research Conference.

The Consortium for Medical Marijuana Clinical Outcomes Research, a multi-university collaboration established by the state of Florida in the USA, hosted its third annual Cannabis Clinical Outcomes Research Conference (CCORC) in May 2023. CCORC was held as a hybrid conference, with a scientific program consisting of in-person sessions, with some sessions livestreamed to virtual attendees. CCORC facilitated and promoted up-to-date research on the clinical effects of medical cannabis, fostering collaboration and active involvement among scientists, policymakers, industry professionals, clinicians, and other stakeholders. Three themes emerged from conference sessions and speaker presentations: (1) disentangling conflicting evidence for the effects of medical cannabis on public health, (2) seeking solutions to address barriers faced when conducting clinical cannabis research - especially with medical cannabis use in special populations such as those who are pregnant, and (3) unpacking the data behind cannabis use and mental health outcomes. The fourth annual CCORC is planned for the summer of 2024 in Florida, USA.

[Medical expert opinions]. / Medizinische Gutachten.

In the physician-patient encounter the annual risk that this will end in a legal dispute is around 0.08%. Nevertheless, the topic is always very present. In such a situation it is important to act professionally and remain objective. An essential part that contributes to this are expert opinions; however, although these are among the basic tasks of a physician, they are not taught in training and further education. This article aims to make a contribution to this.

Proceedings of the Japan Academy - History, database, and trend.

A catalog of 13,591 papers published by the Japan Academy in three phases over a century in the Proceedings of the Imperial Academy (1913-1945), the Proceedings of the Japan Academy (1945-1977), and Proceedings of the Japan Academy, divided in Series A and B (1977-2022), is made available for public access. The catalog contains information about the authors, the title of the paper, published year, volume, issue, start page, end page, the field of sciences, and the academy member who introduced the paper in the monthly academy meeting. This article reports some analyses of the catalog and discusses the trends and background of the academies' publications during the past century.

Proceedings of the 2022 annual meeting of the Fetal Alcohol Spectrum Disorders study group.

The 2022 Fetal Alcohol Spectrum Disorders Study Group (FASDSG) meeting was held in coordination with the 45th annual Research Society on Alcoholism conference on June 25th, 2022. The theme of the meeting was "Enhancing the Relevance of Research for the Community." The program began with a moderated panel discussion on the value of community-engaged research, which included two self-advocates and a clinical and pre-clinical researcher. Invited plenary speakers included Jill Locke, Ph.D., who provided an engaging introduction to implementation science, and Jared Young, Ph.D., who discussed cross-species domain task specificity. The meeting also included updates from three government agencies, short presentations by junior and senior investigators showcasing late-breaking FASD research, trainee award winners, and a presentation on the Toward Health Outcomes intervention roadmap by Jacqueline Pei, Ph.D.

[Medical expert opinions]. / Medizinische Gutachten.

In the physician-patient encounter the annual risk that this will end in a legal dispute is around 0.08%. Nevertheless, the topic is always very present. In such a situation it is important to act professionally and remain objective. An essential part that contributes to this are expert opinions; however, although these are among the basic tasks of a physician, they are not taught in training and further education. This article aims to make a contribution to this.

Derecho a la defensa de funcionarios policiales inmersos en procesos penales por actos de servicio en Venezuela / Right to defence of police officers involved in criminal proceedings for acts of service in Venezuela / Direito à defesa dos policiais envolvidos em processos criminais por atos de serviço na Venezuela

El derecho a la defensa es una garantía que forma parte del debido proceso de conformidad con lo pautado en la Constitución de la República Bolivariana de Venezuela. Los funcionarios que forman parte de los órganos policiales colaboran con el Ministerio Público en la persecución de hechos delictivos, y en el ejercicio de sus funciones pueden incurrir en conductas que den lugar a la instrucción de procedimientos en su contra, por lo que la investigación analizó el derecho a la defensa de funcionarios policiales en procesos por actos de servicio en la Policía del Estado Mérida. Se realizó un estudio de campo, descriptivo, cualitativo y se aplicó un cuestionario contentivo de diez preguntas con varias alternativas de respuestas a una muestra de 50 personas. Los resultados permitieron inferir que las situaciones de servicio se generan principalmente por aprehensiones en flagrancia y procedimientos de captura, en cuyo cumplimiento los funcionarios pueden incurrir en irregularidades que den lugar a la apertura de investigaciones disciplinarias y penales, razón por la cual se requiere de una defensa pública especializada. Se concluyó que el derecho a la defensa se hará valer en las instancias administrativas y jurisdiccionales, y se recomienda la puesta en funcionamiento de la Defensoría Pública con competencia en materia penal policial.

The right to a defence is a guarantee that forms part of due process in accordance with the Constitution of the Bolivarian Republic of Venezuela. Police officers collaborate with the Public Prosecutor's Office in the prosecution of criminal acts, and in the exercise of their duties may engage in conduct that may lead to proceedings being brought against them. For this reason, the research analysed the right to defence of police officers involved in proceedings for acts of service in the Mérida State Police. A descriptive, qualitative field study was carried out and a questionnaire containing ten questions with several alternative answers was applied to a sample of 50 people. The results allowed us to infer that service situations are mainly generated by apprehensions in flagrante delicto and arrest procedures, in which officials may incur in irregularities that lead to the opening of disciplinary and criminal investigations, which is why specialised public defence is required. It was concluded that the right to defence should be asserted in administrative and jurisdictional instances, and it is recommended that a Public Defence Office with competence in police criminal matters be set up.

O direito à defesa é uma garantia que faz parte do devido processo legal, de acordo com a Constituição da República Bolivariana da Venezuela. Os funcionários que fazem parte dos órgãos policiais colaboram com o Ministério Público a persecução de fatos delituosos e, no exercício de suas funções, podem ter condutas que podem levar à instauração de processos contra eles. Por essa razão, na pesquisa, foi analisado o direito de defesa dos policiais em processos por atos de serviço na Polícia Estadual de Mérida. Foi realizado um estudo de campo descritivo e qualitativo e um questionário com 10 perguntas com várias alternativas de resposta foi aplicado a uma amostra de 50 pessoas. Os resultados permitiram inferir que as situações de serviço são geradas principalmente por apreensões em flagrante delito e procedimentos de prisão, nos quais os agentes podem incorrer em irregularidades que levam à abertura de investigações disciplinares e criminais, razão pela qual é necessária a defesa pública especializada. Concluiu-se que o direito de defesa deve ser afirmado nas instâncias administrativas e jurisdicionais, sendo recomendada a criação da Defensoria Pública com competência em matéria penal policial.

Legal medicine aspects of female sterilization: our experience.

Introduction: The most frequent sterilization procedures include postpartum tubal ligation, laparoscopic tubal disruption or salpingectomy, and hysteroscopic tubal occlusion. It may be performed via laparoscopy, mini-laparotomy, or hysteroscopy. Safety, efficacy, short-term complications, long-term complications, and non-contraceptive benefits of sterilization are different for each procedure. Female sterilization has become an important professional liability problem in obstetrics and gynecology. Materials and methods: We analyzed 6 cases of surgical sterilization that have been the subject of civil proceedings. We review indications, contraindications, and complications associated with each sterilization procedure. Results: In our small number of cases, women who have undergone sterilization performed negligently are entitled to recover damages for wrongful conception, negligence, and wrongful birth. We also consider the issue of female sterilization of minors. Discussion: Tubal sterilization can be performed with different techniques, chosen in light of the various situations involved, with the goal of reducing as many as possible any failures. Thorough and complete communication of information is of primary importance. Conclusion: Sterilization is the most widely used birth control method around the world. The procedure is generally safe and highly effective. As reported in the literature, the decision concerning method depends on the setting, the surgeon's experience, the country's economic development, and the woman's preference, but we think that some techniques present a greater risk of failure and expose the surgeon to malpractice litigation.

Abstracts from the 2022 Research and Thesis Poster Session of the 57th Annual American Dance Therapy Association Conference, Renewed Connections: Dance/Movement Therapy Fostering Community Healing, October 27-30, 2022.

We are honored to present this collection of abstracts from the Research and Thesis Poster Session of the 57th American Dance Therapy Association (ADTA) Conference in Montreal, Canada held from October 27-30, 2022. This paper features eleven abstracts that showcase the latest research in dance therapy from various perspectives and approaches. These abstracts were selected and curated by Research and Practice committee members, Karolina Bryl, Cecilia Fontanesi, and Chevon Stewart, who were responsible for organizing the Research and Thesis Poster Session. The Research and Thesis Poster Session is a vital component of the ADTA Conference, providing a platform for researchers and practitioners to share their work, exchange ideas, and connect with colleagues. The abstracts presented in this paper offer insights into a broad range of topics, including the use of dance therapy in clinical and community settings, the integration of technology in dance therapy, and the examination of cultural and social factors that impact the practice of dance therapy. We hope this collection of abstracts will inspire and inform future research in dance therapy, and we extend our appreciation to all the presenters for their contributions.

A Fifteen-Year Survey for Orthopedic Malpractice Claims in the Criminal Court of Rome.

The number of legal disputes in the field of medical liability has increased exponentially in the last decades. The aim of this study is to investigate the outcomes of criminal cases against healthcare professionals in Italian criminal courts. The hypothesis is that the majority of cases are dismissed and/or most professionals in these cases are acquitted. This retrospective analysis considers criminal proceedings related to medical professional liability registered with the general register of crime reports of the Public Prosecutor's Office of Rome in the time interval between 1 January 2000 and 31 December 2015. A total of 4793 criminal proceedings were ultimately identified. Proceedings related to the field of orthopedic trauma were then examined and identified. A complete analysis of 132 of the identified files (76.7%) was carried out. The field with the highest risk of disputes was determined to be the field of trauma. The most frequent complaint was found to arise from unsatisfactory surgical outcomes following elective surgery. The most affected anatomical district is the lower limb in both elective and trauma cases, followed by the upper limb in traumatology and spine cases. The surgeon is the most frequently quoted role of the professional involved. The number of physicians actually convicted (3.93%) and for whom liability was thus recognized, i.e., the existence of a causal link between their conduct and the event that took place was established, appears to be extremely small when compared with the far more significant values related to dismissals (53%) and acquittals (14.2%). Adequate legal reform aiming to reduce this disproportion is necessary to ensure physicians experience a more relaxed daily profession and to restore the original connotations of the doctor-patient relationship with the abolition of defensive medicine.

[Medical expert opinions]. / Medizinische Gutachten.

In the physician-patient encounter the annual risk that this will end in a legal dispute is around 0.08%. Nevertheless, the topic is always very present. In such a situation it is important to act professionally and remain objective. An essential part that contributes to this are expert opinions; however, although these are among the basic tasks of a physician, they are not taught in training and further education. This article aims to make a contribution to this.

The ParlaMint corpora of parliamentary proceedings.

This paper presents the ParlaMint corpora containing transcriptions of the sessions of the 17 European national parliaments with half a billion words. The corpora are uniformly encoded, contain rich meta-data about 11 thousand speakers, and are linguistically annotated following the Universal Dependencies formalism and with named entities. Samples of the corpora and conversion scripts are available from the project's GitHub repository, and the complete corpora are openly available via the CLARIN.SI repository for download, as well as through the NoSketch Engine and KonText concordancers and the Parlameter interface for on-line exploration and analysis.