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Deutsch SA, O'Brien E. Child torture victimization: Review of criminal statutes and medico-legal issues. Child Abuse Negl 2024; 151:106750. [PMID: 38492536 DOI: 10.1016/j.chiabu.2024.106750] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Received: 01/05/2024] [Revised: 03/05/2024] [Accepted: 03/11/2024] [Indexed: 03/18/2024]
Abstract
A renowned group of pediatricians and an attorney with expertise in child abuse matters proposed a medical definition of intrafamilial child torture perpetrated by a caretaker in a landmark 2014 publication in the health sciences literature. Representing one of the most widely cited publications on non-politically motivated child torture to date, this medical definition encompassing physical abuse, psychological abuse, deprivation, and neglect characterizing child torture has been broadly recognized and accepted by multidisciplinary professionals across medical, child welfare, and criminal justice sectors. While the medical community's efforts aimed to compel legislative changes, including adoption of explicit torture-specific statutes that would enable criminal justice system responses reflective of abuse severity, subsequent legal analyses have revealed tremendous variability in criminal investigations, prosecution, sentencing, and case outcomes. In this discussion piece, medico-legal issues relevant to intrafamilial child torture case prosecution are reviewed. The impact of the established medical definition on jurisdictional legal approaches and unique case challenges related to longitudinal nature of abuse, frequent psychological injury, and victim-perpetrator dynamics are explored in depth. Utilizing available legal research platforms, investigative information, health sciences literature, and prosecutor self-report, existing child torture statutes and case outcomes were compared with focus on perpetrator, victim, socio-environmental, and community influence on legal outcome. Prosecutorial challenges facing jurisdictions lacking child torture statutes are discussed with emphasis placed on the critical role played by the medical community to support diagnosis of physical and emotional impacts to the child. Finally, the process by which states can establish a jurisdictional torture statute are suggested.
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Affiliation(s)
- Stephanie Anne Deutsch
- Department of Pediatrics, Nemours Children's Health, Delaware, Wilmington, DE, United States of America.
| | - Erin O'Brien
- Chester County District Attorney's Office, West Chester, PA, United States of America.
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Roy RN, Kumar P, Singh VK, Singh DN. The Labyrinthine Journey: Unveiling Obstacles in addressing Mental Health Challenges in Prisons and its Confluence with Medico-Legal and Pharmacological Perspectives. Int Tinnitus J 2024; 27:225-230. [PMID: 38512870 DOI: 10.5935/0946-5448.20230034] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 03/23/2024]
Abstract
This paper delves into the intricate realm of mental health issues within prisons including other correctional facilities, the intersectionality with legal and medical aspects, and the potential of pharmacology as a viable treatment modality. The prevalence and diverse array of mental disorders among incarcerated individuals are thoroughly examined, underscoring the imperative for all-encompassing interventions. The legal structure, hurdles encountered in delivering mental healthcare, and the indispensability of interdisciplinary cooperation are scrutinized. Furthermore, the effectiveness and moral implications of pharmaceutical interventions in correctional environments are deliberated upon. Conclusive suggestions are put forth to enhance mental healthcare provisions in prisons. The research paper endeavors to penetrate the labyrinthine complexities of mental health predicaments within correctional institutions, with a specific emphasis on the convergence of medico-legal facets and the plausible impact of pharmacological interventions. The study strives to elucidate the intricate nature of mental health challenges among incarcerated populations, considering the intricate interplay of socio-cultural, environmental, and psychological factors that contribute to their pervasiveness. By delving into these interconnected dimensions, the research aims to unlock prospective remedies capable of efficaciously meeting the mental health requisites of incarcerated individuals.
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Affiliation(s)
- Rana Navneet Roy
- Hidayatullah National Law University, Raipur, Chhattisgarh, India
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Facchin F, Pagani A, Perozzo FAG, Scarpa C, Bassetto F, Vindigni V. Litigation Cases After Post-Bariatric Surgery: Lesson from the Past. Aesthetic Plast Surg 2023; 47:2479-2485. [PMID: 36820862 PMCID: PMC10784373 DOI: 10.1007/s00266-023-03287-1] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Key Words] [MESH Headings] [Grants] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 10/24/2022] [Accepted: 01/29/2023] [Indexed: 02/24/2023]
Abstract
BACKGROUND Due to the high demand of post-bariatric surgeries, the number of litigation cases is rapidly growing. Even if surgical mistakes still represent one of the main causes of medico-legal issues, many disputes depend on what happens in the post-operative course. In this article we analyzed the litigation cases that occurred in our Plastic Surgery Department, the current literature about medico-legal disputes and the importance of the doctor-patient relationship. PATIENTS AND METHODS The medical records of 788 post-bariatric surgeries, the post-operative complications and the related litigation cases from January 2015 to December 2019 were collected, analyzed and compared. RESULTS We performed 380 abdominoplasties, 28 torsoplasties, 65 breast reductions, 99 mastopexies, 94 brachioplasties, 52 thighplasties, 65 liposuctions and 5 facelifts between 2015 and 2019. Eight patients complained of medical issues and claimed for litigation. Despite in all cases the judges highlighted the risk of consent misinterpretation, the payout was granted only in one case. CONCLUSION Post-bariatric patients often mistake their preoperative condition and consider body contouring procedures as an aesthetic surgery treatment. Patients should be therefore clearly informed about the complexity of body contouring procedures after massive weight loss, which should never be compared to aesthetic surgery. Surgeons should always promote the communication with their patients and build a strong and trustworthy relationship. This attitude will allow to deal more easily with complications and, in the worst situations, with medico-legal litigations. LEVEL OF EVIDENCE IV This journal requires that authors assign a level of evidence to each article. For a full description of these Evidence-Based Medicine ratings, please refer to the Table of Contents or the online Instructions to Authors www.springer.com/00266 .
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Affiliation(s)
- Federico Facchin
- Plastic and Reconstructive Surgery Unit, Department of Neurosciences, University of Padua, Via Giustiniani 2, 35128, Padua, Italy.
- Plastic Surgery Unit, San Bortolo Hospital, 36100, Vicenza, Italy.
| | - Andrea Pagani
- Clinic and Polyclinic of Plastic and Hand Surgery, Technical University of Munich, 81675, Munich, Germany
| | - Filippo Andrea Giovanni Perozzo
- Plastic and Reconstructive Surgery Unit, Department of Neurosciences, University of Padua, Via Giustiniani 2, 35128, Padua, Italy
| | - Carlotta Scarpa
- Plastic and Reconstructive Surgery Unit, Department of Neurosciences, University of Padua, Via Giustiniani 2, 35128, Padua, Italy
| | - Franco Bassetto
- Plastic and Reconstructive Surgery Unit, Department of Neurosciences, University of Padua, Via Giustiniani 2, 35128, Padua, Italy
| | - Vincenzo Vindigni
- Plastic and Reconstructive Surgery Unit, Department of Neurosciences, University of Padua, Via Giustiniani 2, 35128, Padua, Italy
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Verma SK, Verma A, Malia P, Chauhan M. Suicide hangings during pre-Covid-19 and Covid-19 - Myths debunked for the lower-middle-income group countries. Asian J Psychiatr 2023; 79:103349. [PMID: 36495829 PMCID: PMC9684090 DOI: 10.1016/j.ajp.2022.103349] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Figures] [Journal Information] [Submit a Manuscript] [Subscribe] [Scholar Register] [Received: 10/14/2022] [Revised: 10/28/2022] [Accepted: 11/10/2022] [Indexed: 11/25/2022]
Abstract
The psyche about the adverse effects of the Covid-19 pandemic has got fixed to a level of conviction that committing suicide is directly linked to coronavirus infection. The statistics of suicidal hangings for the pre-Covid-19 and the Covid-19 periods were compared in the Indian capital. The data analysis of the autopsy records showed the absence of temporal association between the incidence rates of suicides between these two periods. The study concludes that there was no net increase in suicide rates in the study population of this lower-middle-income group country during the Covid-19 pandemic.
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Affiliation(s)
- Satish Kumar Verma
- Department of Forensic Medicine, University College of Medical Sciences and GTB Hospital, Dilshad Garden, Delhi 110095, India.
| | - Aditi Verma
- Department of Public Health Dentistry, Jamia Milia Islamia, Jamia Nagar, New-Delhi 110025, India.
| | - Pankaj Malia
- Department of Forensic Medicine, University College of Medical Sciences and GTB Hospital, Dilshad Garden, Delhi 110095, India.
| | - Mohit Chauhan
- Department of Forensic Medicine & Toxicology, Government Medical College & Hospital, Sector-32, Chandigarh 160030, India.
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Narang SK, Sachdev KK, Bertocci KL, Pierre-Wright MJ, Kaczor K, Bertocci G, Pierce MC. Re: A response to Professor Findley's critique - Overturned abusive head trauma and shaken baby syndrome convictions in the United States: Prevalence, legal basis and medical evidence. Child Abuse Negl 2022; 127:105578. [PMID: 35231817 DOI: 10.1016/j.chiabu.2022.105578] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Key Words] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Received: 02/07/2022] [Accepted: 02/17/2022] [Indexed: 06/14/2023]
Affiliation(s)
- Sandeep K Narang
- Child Advocacy and Protection Services, Children's Wisconsin, United States of America.
| | - Kajal K Sachdev
- University of Illinois College of Medicine at Chicago, United States of America
| | - Karen L Bertocci
- University of Louisville, J.B. Speed School of Engineering, United States of America
| | | | - Kim Kaczor
- Mary Ann and J. Milburn Smith Child Health Outreach, Research, and Evaluation Center, Ann & Robert H. Lurie Children's Hospital of Chicago, United States of America
| | - Gina Bertocci
- University of Louisville, J.B. Speed School of Engineering, United States of America
| | - Mary C Pierce
- Division of Emergency Medicine, Ann & Robert H. Lurie Children's Hospital of Chicago, United States of America
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Position statement and best practice recommendations on the imaging use of ultrasound from the European Society of Radiology ultrasound subcommittee. Insights Imaging 2020; 11:115. [PMID: 33165666 PMCID: PMC7652945 DOI: 10.1186/s13244-020-00919-x] [Citation(s) in RCA: 25] [Impact Index Per Article: 6.3] [Reference Citation Analysis] [What about the content of this article? (0)] [Abstract] [Key Words] [Track Full Text] [Download PDF] [Journal Information] [Subscribe] [Scholar Register] [Received: 09/29/2020] [Accepted: 10/01/2020] [Indexed: 11/26/2022] Open
Abstract
This document summarises best practice recommendations for medical imaging use of ultrasound in Europe, representing the agreed consensus of experts from the Ultrasound Subcommittee of the European Society of Radiology (ESR), the European Union of Medical Specialists (UEMS) Section of Radiology, and the European Federation of Societies for Ultrasound in Medicine and Biology. Recommendations are given for education and training, equipment and its maintenance, documentation, hygiene and infection prevention, and medico-legal issues.
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Arimany Manso J, Taberner Ferrer R, Pidevall I, Mascaró Ballester JM, Martin-Fumadó C. Use of Photography in Dermatology: Ethical and Legal Implications. Actas Dermosifiliogr (Engl Ed) 2019; 111:107-114. [PMID: 31629461 DOI: 10.1016/j.ad.2019.04.007] [Citation(s) in RCA: 11] [Impact Index Per Article: 2.2] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 03/20/2019] [Revised: 04/22/2019] [Accepted: 04/26/2019] [Indexed: 12/17/2022] Open
Abstract
Photographs are necessary in the clinical practice of dermatology, but there are ethical implications to consider. Moreover, dermatologists must be aware of and comply with certain legal requirements affecting the use of photographs. The main ethical principles are respect for patient autonomy and the physician's obligation to do no harm. The law differentiates between 2 bases for protection: one concerns the photographed person's rights over the image and the other protects personal data. Recent legislation places restrictions on taking photographs and exhibiting them. Photographs taken to be stored with a medical history have not been called into question, but the physician is recommended to inform the patient that they exist. When a photograph is exhibited for the purpose of teaching or illustrating concepts, it is necessary to determine whether or not the patient can be identified. If the answer is yes, the patient must give explicit permission. Caution should be exercised when publishing medical photographs on social media.
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Affiliation(s)
- J Arimany Manso
- Servicio de Responsabilidad Profesional, Área de Praxis, Colegio de Médicos de Barcelona, Consejo de Colegios de Médicos de Catalunya, Barcelona, España; Unidad de Medicina Legal y Forense, Departamento de Salud Pública, Facultad de Medicina, Universidad de Barcelona, Barcelona, España; Cátedra de Responsabilidad Profesional Médica y Medicina Legal, Universitat Autònoma de Barcelona (UAB), Barcelona, España.
| | - R Taberner Ferrer
- Servicio de Dermatología, Hospital Son Llàtzer, Palma, Islas Baleares, España
| | - I Pidevall
- Asesoría jurídica, Colegio de Médicos de Barcelona, Barcelona, España
| | | | - C Martin-Fumadó
- Servicio de Responsabilidad Profesional, Área de Praxis, Colegio de Médicos de Barcelona, Consejo de Colegios de Médicos de Catalunya, Barcelona, España; Cátedra de Responsabilidad Profesional Médica y Medicina Legal, Universitat Autònoma de Barcelona (UAB), Barcelona, España; Departamento de Medicina, Facultad de Medicina, Universitat Internacional de Catalunya, Barcelona, España
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Olatosi JO, Adekola OO, Anaegbu NC, Adesida A, Rotimi MK. ANAESTHETISTS' ATTITUDES AND PRACTICE OF INFORMED CONSENT IN NIGERIA. J West Afr Coll Surg 2016; 6:83-103. [PMID: 29181366 PMCID: PMC5667723] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Key Words] [Subscribe] [Scholar Register] [Indexed: 06/07/2023]
Abstract
BACKGROUND Informed consent is an integral part of a surgical and anaesthetic procedure, failure to obtain it may result in grave medico-legal implications. AIM To determine the attitudes of Nigerian anaesthetists to informed consent. METHODOLOGY The study population included physician anaesthetists who attended a continuous medical education programme in November 2015. The target was to cover over 50% of anaesthetists by convenience sampling. The responses to the questions were recorded and descriptive statistics were employed to calculate the various qualitative variables under study. RESULTS Fifty-six respondents were analysed, the majority were in the age group 31-40 years (37.5%), consultants were 51.79%, and males constituted 75%. The respondents agreed that the main purposes of informed consent included a need to improve the doctor/patient relationship in 36(64.29%), inform the patient about the desired benefits of the procedure in 32(57.14%), provide the doctor with greater protection against medical litigation in 32(57.14%), and to respect the patient's right of autonomy in 30(53.57%). The general consensus among the respondents was that the anaesthetist should explain to the patient what the procedure entails 40(71.43%), what the procedure aims to achieve and additional procedures that are likely to be necessary to the patient 41(73.21%). It was also agreed that there should be disclosure of all major risks/complications with incidence >1/20 in 29(51.79%) respondents, incidence >1/100 in 20(35.71%), incidence >1/1000, and incidence >1/10000 were 17(30.36%). The respondents who agreed that it is necessary to take consent before performing surgery or anaesthesia on patients and explained the procedure to patients were 48(85.71%). CONCLUSION We determined that informed consent was an integral part of a surgical procedure. which helped to improve doctor/patient relationship, respected the patient's right of autonomy and provided the surgeon and anaesthetists with greater protection against medical litigation. It is paramount to disclose all major risk and complications. However, few anaesthetists 19(33.93%) obtain informed consent from their patients before epidural labour analgesia.
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Affiliation(s)
- J O Olatosi
- Department of Anaesthesia, College of Medicine University of Lagos/Lagos University Teaching Hospital, Idi-Araba, Lagos, Nigeria
| | - O O Adekola
- Department of Anaesthesia, College of Medicine University of Lagos/Lagos University Teaching Hospital, Idi-Araba, Lagos, Nigeria
| | - N C Anaegbu
- Department of Anaesthesia, College of Medicine University of Lagos/Lagos University Teaching Hospital, Idi-Araba, Lagos, Nigeria
| | - A Adesida
- Department of Anaesthesia, College of Medicine University of Lagos/Lagos University Teaching Hospital, Idi-Araba, Lagos, Nigeria
| | - M K Rotimi
- Department of Anaesthesia, Lagos State University Teaching Hospital, Ikeja, Lagos, Nigeria
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Umunna J. Gossypiboma and its implications. J West Afr Coll Surg 2012; 2:95-105. [PMID: 25453006 PMCID: PMC4220479] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [What about the content of this article? (0)] [Abstract] [Key Words] [Subscribe] [Scholar Register] [Indexed: 06/04/2023]
Abstract
Surgical materials are sometimes inadvertently left in the body after surgical operations. Cotton materials are the commonest objects forgotten. The implications for the patient and the surgeon are grave. The purpose of this presentation is to rekindle awareness of the phenomenon of gossypiboma, highlight the implications and stress prevention. Data were collected from hospital records which included their demographics, clinical features, management outcome and follow-up. Four cases of gossypiboma were found. Two had undergone caesarian section, one underwent pelvic floor repair for utero-vaginal prolapsed, and the fourth underwent transvesical prostatectomy. Their age, sex, causative operation and onset of symptoms, and salvage procedures were noted. Out of the 12304 surgical cases managed in our facility between November 1997 and December 2012, 4 (0.03%) cases of gossypiboma were recorded. Gauze extruded spontaneously from the abdominal scar in one patient who had undergone caesarian section. Intestinal obstruction occurred in another case of caesarian section and was relieved by intestinal resection and anastomosis. Also gauze extruded and was extracted from the urethra in the patient who underwent transvesical prostatectomy. Three (75%) patients survived while one (25%) died. We conclude that gossypiboma occurs most commonly after intra-abdominal operations. Women are at increased risk during obstetric and gynaecological operations, though both sexes are affected. The condition carries potentials for harm to the patient and medico-legal litigations.
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