Practitioners of medicine have a moral as well as legal obligation to serve their patients to the best of their ability, and in recent years the medical profession throughout the world has affirmed this principle. But where there is negligence of this sacred duty, a claim arises. Most civil claims are governed by the law of limitation, which restricts the time in which a plaintiff can bring a suit. The period of limitation varies depending on the type of claim. One of the exceptions to this law of limitation is the discovery rule. The rule can extend the period of limitation when the harm is not obvious or is latent. This article focuses on the different parameters of the discovery rule and the emerging judicial approach adopted in India.
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http://dx.doi.org/10.1080/01947648.2024.2440322 | DOI Listing |
Crit Care Med
January 2025
Division of Trauma, Surgical Critical Care and Emergency Surgery, Perelman School of Medicine, University of Pennsylvania, Philadelphia, PA.
Objectives: To provide a narrative review of disordered lymphatic dynamics and its impact on critical care relevant condition management.
Data Sources: Detailed search strategy using PubMed and Ovid Medline for English language articles (2013-2023) describing congenital or acquired lymphatic abnormalities including lymphatic duct absence, injury, leak, or obstruction and their associated clinical conditions that might be managed by a critical care medicine practitioner.
Study Selection: Studies that specifically addressed abnormalities of lymphatic flow and their management were selected.
Practitioners of medicine have a moral as well as legal obligation to serve their patients to the best of their ability, and in recent years the medical profession throughout the world has affirmed this principle. But where there is negligence of this sacred duty, a claim arises. Most civil claims are governed by the law of limitation, which restricts the time in which a plaintiff can bring a suit.
View Article and Find Full Text PDFTasers, a form of police weaponry causing neuromuscular incapacitation and extreme pain, were confirmed in 2010 to be used in New Zealand inpatient mental health units. Their use on patients, or tāngata whai ora (persons seeking wellbeing), raises ethical concerns about harm prevention, moral duties, and human rights in healthcare. The New Zealand healthcare system, grounded in principles and rights, regulates procedures to uphold fundamental rights.
View Article and Find Full Text PDFInfluencers are content creators who post online about their lives and can amass a significant following. Influencers can be dangerous by negatively affecting their followers' body image and marketing products in a deceptive way. The limited academic writings which consider influencer regulation note an incongruency between influencer conduct and the corresponding regulatory system.
View Article and Find Full Text PDFJ Law Med
November 2024
Menzies Health Institute Queensland, Griffith University, Queensland, Australia.
The framing of patients making decisions about their medical treatment and care as traditional legal decisions, thresholds and formalities is a means to avoid legal liabilities through a rationalisation of decision-making, autonomy and choice. A credible account for the actual place of patients posits the sovereign power (founded in the works of Carl Schmitt and Giorgio Agamben) of the health care professional deciding the state of exception - a discrete legal space where the authority of health care professionals is both lawful and beyond the law. This reveals that dealing with broadly conceived consent issues with more law, more process and procedure but without addressing the inherent legality assumptions that empower health care professionals will always be flawed.
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