Resolving Malpractice Disputes: Imaging the Jury’s Shadow

The ability of juries to resolve malpractice suits was studied. Results showed that most of the time, jury outcomes represent a fair resolution of the claim, but the risk that the result will not be fair is real and troubling

Resolving Malpractice Disputes: Imaging the Jury’s Shadow

The ability of juries to resolve malpractice suits was studied. Results showed that most of the time, jury outcomes represent a fair resolution of the claim, but the risk that the result will not be fair is real and troubling

Justice for Grasshoppers

This dissertation engages with the question of how much access to free time citizens should enjoy in a just society. A sophisticated liberal egalitarian approach holds that social justice requires protecting at least the freedom to work no more than 8 hours per day. It is unclear whether this approach supports more radical expansions of access to free time, such as the institution of a 4-day work week, a 6-hours work day, or a right to periodic sabbatical leave. Those who support these more radical demands often appeal to controversial perfectionist ideas about the importance of free time for human flourishing to justify their position. This dissertation rejects these perfectionist justifications and explains why those committed to political liberalism can get on board with more radical demands, such as the 4-day work week. Chapter 1 explains why existing approaches to social justice don’t offer satisfactory answers to the question of how much access to free time citizens should enjoy. Chapters 2 and 3 explain that some policies to expand opportunities for free time are justifiable on the grounds that they help address morally objectionable collective action problems in the labour market. Chapter 4 lays out a feminist case for improved access to part-time employment. Chapter 5 explains that policies that expand access to free time for middle-aged persons are necessary to address an unfairness in access to free time at different life-stages. Taken together, these considerations make a strong case for policies that aim at expanding access to free time

LEARNING FROM INTERORGANIZATIONAL PRODUCT FAILURE EXPERIENCE IN THE MEDICAL DEVICE INDUSTRY

Much research examines the causes of product failures such as the Ford Pinto gas tank design. Research also examines the consequences of product failures such as new product introductions resulting from the need to improve failed products. However, little is known about how the causes and consequences of product failures interact across different firms, and generate inter-organizational learning, within the same industry. Specifically, limited research has examined if a firm learns to reduce its own annual rate of product failures (e.g., experiences fewer product-related adverse events) by attending to the product failures and new product introductions of its competitors. In addition, we also do not know (1) how delayed reporting of product failure influences interorganizational learning, and (2) how the introduction of new products by one company impacts another firm’s effort to learn from this competitor’s product failures. To address these gaps, this dissertation develops and tests relationships between (1) inter-organizational learning from product failures, (2) product failure reporting delays, and (3) new product introductions. Regression analysis of 98,576 manufacturing firm-year observations from the medical device industry over a ten-year period (1998 to 2008) supports the proposed model. Specifically, the analysis supported two insights: (1) As expected, a competitor’s reporting delays can inhibit learning from others’ failures by increasing the chance of making poor inferences about the failure. Unexpectedly, however, delays can also improve inter-organizational learning because in reports that have taken longer to file, a clearer understanding of the failure’s cause-effect relationships is developed. iii (2) As expected, a competitor\u27s new product introductions positively impact interorganizational learning by transferring knowledge of product design between firms. Unexpectedly, a competitor’s new product introductions can also negatively impact inter-organizational learning from product failure by distracting the observing firm’s attention away from the competitor’s failures. The thesis contributes to the inter-organizational learning literature by: (1) modelling learning from others’ product failures, (2) highlighting the effects of reporting delays, and (3) showing how others’ new product introductions can distract. This thesis shows that learning from others’ product failures and new product introductions has significant benefits because it prevents serious injury and death among device users

Access to justice arrangements: inquiry report

Volume 1 looks at the accessibility of the justice system, the use of alternative forms of dispute resolution, the regulation of the legal profession and the structure and operations of ombudsmen, tribunals and courts. Volume 2 discusses private funding of litigation; and the provision of legal aid, both broadly, and specifically to Aboriginal and Torres Strait Islander people. Key points There are widespread concerns that Australia’s civil justice system is too slow, too expensive and too adversarial. But the notion of a civil justice ‘system’ is misleading. Parties can resolve their disputes in many ways, including through courts, tribunals and ombudsmen. Each differs in its formality, cost and timeliness. Such a complex system resists both a single diagnosis and remedy. While much focus is on the courts, the central pillar of the justice system, much is done in their shadow, with parties resolving their disputes privately. Community legal education, legal information (including self-help kits) and minor advice help ensure that parties are better equipped to do so. Better coordination and greater quality control in the development and delivery of these services would improve their value and reach. Where disputes become intractable, parties often have recourse to a range of low cost and informal dispute resolution mechanisms. But many people are unnecessarily deterred by fears about costs and/or have difficulty in identifying whether and where to seek assistance. A well-recognised entry point or gateway for legal assistance and referral would make it easier to navigate the legal system. Most parties require professional legal assistance in more complex matters. But the interests of lawyers and their clients do not always align. Reforms to professional regulation are required to ensure clients are better informed and have more options for selecting the tasks they want assistance with, and how they will be billed. Clients should also have independent and effective options for redress when professional standards fall short. Some disputes, by their nature, are more appropriately handled through the courts. While these disputes may be small in number, many individuals are poorly placed to meet the associated costs. Court processes in all jurisdictions have undergone reforms to reduce the cost and length of litigation. But progress has been uneven and more needs to be done to avoid unnecessary expense. The ways in which parties interact with each other and with courts and tribunals also needs to change. The adversarial behaviour of parties and their lawyers can hinder the resolution of disputes or even exacerbate them. Changes to rules governing the conduct of parties and lawyers, and the way in which costs are awarded, would improve incentives to cooperate. Court fees vary widely across courts and jurisdictions and are not set with reference to a common framework. A more systematic approach is required for determining fees. Parties can derive significant private benefits from using the court system; these benefits need to be reflected in court charges, which in many cases should be increased. Disadvantaged Australians are more susceptible to, and less equipped to deal with, legal disputes. Governments have a role in assisting these individuals. Numerous studies show that efficient government funded legal assistance services generate net benefits to the community. The nature and predictability of funding arrangements constrain the capacity of legal assistance providers to direct assistance to the areas of greatest benefit. This needs to change and, in some cases, funding should be redirected. While there is some scope to improve the practices of legal assistance providers, this alone will not address the gap in services. More resources are required to better meet the legal needs of disadvantaged Australians

Solidarity: For Sale? The Social Dimension of the New European Economic Governances. Europe in Dialogue 2012/01

The Europeans can be proud as they look back on fifty years of peaceful integration. Nowadays many people in the world see the European Union as a model of how states and their citizens can work together in peace and in freedom. However, this achievement does not automatically mean that the EU has the ability to deal with the problems of the future in a rapidly changing world. For this reason the European Union needs to keep developing its unity in diversity in a dynamic way, be it with regard to energy issues, the euro, climate change or new types of conflict. Self-assertion and solidarity are the fundamental concepts which will shape the forthcoming discourse. "Europe in Dialogue" wishes to make a contribution to this open debate. The analyses in this series subject political concepts, processes and institutions to critical scrutiny and suggest ways of reforming internal and external European policymaking so that it is fit for the future. However, "Europe in Dialogue" is not merely trying to encourage an intra- European debate, and makes a point of including authors from non-EU states. Looking at an issue from a different angle or from a distance often helps to facilitate the crucial change of perspective which in turn makes it possible to continue to develop Europe in a meaningful way and to engage in a critical and yet courteous discourse with other civilizations and continents

Improving Participation in Breast Screening Programmes: A mixed methods study to increase breast screening uptake in Malta

Background: Breast cancer is the most common cancer among Maltese women. No studies have explored factors related to mammography underutilisation in Malta. This thesis aimed to explore barriers and facilitators to mammography screening among Maltese women to inform future screening interventions. Methods: Seven studies were conducted through mixed methods research. First, a survey instrument to assess associations between health beliefs, illness perceptions and mammography was piloted-tested among Maltese women (Study 1). Four quantitative studies explored associations and predictors to mammography use: study 2 investigated factors associated with a first screening invitation; study 3 investigated reattendance; studies 4 and 5 examined lifetime mammography practices and timely adherence respectively. A systematic review of interventions, which employed the Health Belief Model and/or Common-Sense Model to improve mammography uptake, was conducted (Study 6). Experts helped to construct a logic model of the problem and change objectives, while members of the public interpreted the quantitative findings through the World Café method. Study 7 consisted of face-to-face interviews with non-attendees. Intervention Mapping was used to synthesise the findings and propose recommendations to increase uptake. Findings: The survey instrument was valid and reliable for use with Maltese women (Study 1). Health beliefs were strong predictors of mammography underutilisation and illness perceptions improved non-attendance predictions (Studies 2-5). First attendance is associated with reattendance (Study 3). Illness perceptions however are rarely included in mammography interventions (Study 6). Experts supported multiple interventions, including physician recommendations, education and counselling, while members of the public identified the involvement of partners and daughters in health decision-making. Qualitative findings found that health-related knowledge was low, and that socio-cultural factors impeded attendance, particularly support networks, household dynamics, traumatic histories and mental health approaches (Study 7). Conclusion: Multiple, theoretical strategies are considered more effective. Interventions, implemented within the community setting, should target women’s barriers, particularly fear, when first invited. Family members and practitioners can help to address screening barriers

Advancing the Science of Cancer in Latinos

This open access book is a collection of articles based on presentations from the 2020 Advancing the Science of Cancer in Latinos conference that gives an overview of conference outcomes. The vision of the conference has been to unite researchers, scientists, physicians and other healthcare professionals, patient advocates, and students from across the world to discuss research advancements, identify gaps, and develop actionable goals to translate basic research findings into clinical best practices, effective community interventions, and professional training programs to decrease cancer risks and eliminate cancer disparities for Latinos. This conference comes at an especially important time when Latinos – the largest and youngest minority group in the U.S. – are expected to face a 142% rise in cancer cases in the coming years. Disparities continue to impact this population in critical areas: access to preventive and clinical care, changeable risk behaviors, quality of life, and mortality. Each chapter summarizes the presentation and includes current knowledge in the specific topic areas, identified gaps, and opportunities for future research. Topics explored include: Applying an Exposome-Wide (ExWAS) Approach to Latino Cancer Disparities Supportive Care Needs and Coping Strategies Used by Latino Men Cancer Survivors Optimizing Engagement of the Latino Community in Cancer Research Latino Population Growth and the Changing Demography of Cancer Implementation Science to Enhance the Value of Cancer Research in Latinos A Strength-Based Approach to Cancer Prevention in Latinxs Overcoming Clinical Research Disparities by Advancing Inclusive Research Advancing the Science of Cancer in Latinos: Building Collaboration for Action will appeal to a wide readership due to its comprehensive coverage of topics ranging from basic science and community prevention research to clinical practice to policy. The book is an essential resource for physicians and other medical professionals, researchers, scientists, academicians, patient advocates, and students. It also will appeal to policy-makers, NCI-designated cancer centers, academic centers, state health departments, and community organizations