Medical Malpractice—Unconscious Patient—Liability for Defective Instruments—Hospitals and Enterprise Liability—Anderson v. Somberg, 67 N.J. 291, 338 A.2d 1 (1973)

In November 1967, defendant Dr. Somberg performed spinal surgery, using general anesthetic, on the plaintiff. During the procedure a jaw of the pituitary rongeur he was using broke off and lodged in the plaintiff\u27s spine. The doctor terminated the operation after numerous unsuccessful attempts to recover the fragment. Four months later he retrieved the jaw in a second operation. The plaintiff suffered permanent injuries for which he sought recovery from the following: (1) Dr. Somberg for negligently causing the rongeur to break; (2) the hospital in which the surgery was performed for negligently furnishing a defective instrument; (3) the medical supply distributor which sold the defective rongeur for breach of implied warranty; and (4) the rongeur manufacturer in strict liability for manufacturing a defective product. The jury, on special interrogatories, found that plaintiff\u27s injury was not caused by the negligence of the doctor or of the hospital and that the rongeur was not defective, i.e., it was fit for the ordinary purpose for which it was sold and used. The court dismissed the claim as to all defendants. The New Jersey Supreme Court affirmed the appellate court\u27s reversal and remanded for a new trial. By so doing, the supreme court made two significant changes in the state\u27s prevailing tort law. First, the court held that the jury should have been instructed that the burden of proving nonculpability was on the defendants. Second, and more importantly, the plurality, over a strenuous dissent, held that under such circumstances at least one defendant could not sustain his burden of proof and must be found liable. Together these changes represent the most substantial recent extension of medical malpractice liability in the country. This note will examine the Anderson decision and identify the practical and theoretical implications of the court\u27s two holdings. It will also recommend that the holdings of the Anderson court not be followed in other states, but that courts instead impose a duty on defendants to exculpate themselves, and extend strict liability theory to hospitals which provide defective medical instruments which injure innocent plaintiffs

Teaching Statistical Experimental Design using a Laboratory Experiment

An Experimental Project Introduces the Concepts of Statistical Experimental Design to Undergraduates in a Laboratory Setting. a Safe, Inexpensive and Easily Operable Experiment Uses a Gas Chromatograph to Give Quantitative Results and to Allow Students to Concentrate on Applying Statistical Skills Without Being Impeded by Complex Equipment or Experimental Methods. One of the Unique Aspects of the Experiment is a Trade‐off between the Two Most Significant Variables, Forcing Students to Compromise in the Selection of Optimum Conditions. Such Compromises Are Typical in Many Real‐world Industrial Situations. the Experiment Has Been Used for Several Years in the Undergraduate Chemical Engineering Laboratories at the University of North Dakota. Keywords: Statistics, Experimental Design, Laboratory. 1995 American Society for Engineering Educatio

Breaking the Invisible Chains with Policy: How Insurance Companies Can Help End Human Trafficking in the Hotel Industry

Human trafficking in the hotel industry represents a hidden threat that demands decisive action. Despite public commitments, the sector's initiatives remain inconsistent, and a wave of lawsuits imposes both financial and reputational risks. Through analysis of relevant legislation and case law, the article demonstrates hotels’ potential liability as venues enabling trafficking. However, inconsistent self-regulation and lawsuits reveal limited progress. The authors advocate for insurance companies to play a pivotal role in combatting human trafficking in the hotel industry by strategically adjusting coverage provisions. They trace the historical influence of insurers on the trajectory of slavery when 18th century British insurers’ actions contributed to the rise of abolitionism and argues that similar private regulation today can incentivize hotels’ proactive measures against trafficking. The article proposes that insurers possess diverse tools, including exclusions, premium adjustments, auditing, and loss prevention, to compel action rather than complacency. Mandated self-insured retentions can also hold hotels financially accountable for their negligence. However, relying solely on pricing alterations faces challenges due to market competition and inconsistent judicial rulings on liability exclusions. Ultimately, addressing this complex issue requires a collaborative, multi-stakeholder approach. Government fines and prosecutions can further incentivize self-disclosure and cooperation, while publicized settlements can promote transparency and empower consumers to make informed choices for hotel venues. This combined framework can transition hotels from passive enablers to active contributors in the fight against human trafficking, fulfilling their duty of care and catalyzing meaningful progress against human exploitation

Assessment of phantom dosimetry and image quality of i-CAT FLX cone-beam computed tomography

Increasing use of cone-beam computed tomography in orthodontics has been coupled with heightened concern with the long-term risks of x-ray exposure in orthodontic populations. An industry response to this has been to offer low-exposure alternative scanning options in newer cone-beam computed tomography models

Direct interaction between the catalytic subunit of Protein Phosphatase 1 and pRb

BACKGROUND: The product of the retinoblastoma-susceptibility gene (pRb) is a substrate for Protein Phosphatase 1 (PP1). At mitotic exit, all three PP1 isoforms, α, γ1 and δ, bind to pRb and dephosphorylate its Ser/Thr sites in a sequential and site-specific way. The pRb-C terminal has been reported to be necessary and sufficient for PP1α binding. The present study investigated whether the three PP1 isoforms from mitotic or asynchronous HeLa cells associate differentially with wild-type and pRb mutants, as well as the holoenzyme composition of the pRb-directed PP1. RESULTS: The requirement for the entire pRb molecule to achieve optimal PP1-binding was indicated by the fact that full-length pRb displayed the highest affinity for all three PP1 isoforms. Ser/Thr-to-Ala substitution for up to 14 pRb sites did not affect the ability of pRb to bind the PP1 isoforms derived from mitotic or asynchronous HeLa cells, thus suggesting that the phosphate-accepting residues on pRb do not regulate the interaction with PP1. To probe for the presence of PP1 targeting subunits in the pRb-directed PP1 complex, PP1 from mitotic or asynchronous HeLa cells was isolated by affinity chromatography on GST-Rb (either full-length or its deletion mutants Rb-big pocket or Rb-C-terminal). The PP1 was always obtained as free catalytic subunit, displaying all three isoforms, thus suggesting direct interaction between pRb and PP1. The direct association was confirmed by the ability of pRb to pull-down purified PP1 catalytic subunits and by in vitro reconstitution of a complex between PP1 catalytic subunit and the pRb-C-terminal. CONCLUSION: The work indicated that the full length of the pRb molecule is required for optimal interaction with the PP1 isoforms and that the association between pRb and PP1 isoforms is direct

Simple and Compact Hz-Level Linewidth Laser System via Improved Mounting Configuration of a Reference Cavity

We report a simple, robust 1-Hz linewidth laser system enabled by an improved mounting strategy for optical reference cavities used for laser frequency stabilization

Chapter 1 Cowboys, Cod, Climate, and Conflict

The DEH can be seen as an academic response to three major interwoven changes and challenges: the digital revolution; global warming and global warming and social-political agency related to environmental change. In the twenty-first century, we are challenged with a transformation in human collective intelligence. The key features of this transformation involve the “digital” replacing the “analogue”; design thinking and post-secularism supplanting tradition; and human agency emerging as the main driver of planetary change. Unlocking the keys to human perception, mitigating behavior and adaptive action may likely rank among the preeminent challenges we face in an age witnessing unprecedented rates of global change. The chapter showcases how the DEH is being applied by three international funded research projects: Larry McMurtry’s Literary Geography; NorFish (Environmental History of the North Atlantic Fisheries, 1500-1800); and the Climates of Conflict in Babylonia project

Comparative dosimetry of radiography device, MSCT device and two CBCT devices in the elbow region

The aim of the study was to estimate and to compare effective doses in the elbow region resulting from four different x-ray imaging modalities. Absorbed organ doses were measured using 11 metal oxide field effect transistor (MOSFET) dosimeters that were placed in a custom-made anthropomorphic elbow RANDO phantom. Examinations were performed using Shimadzu FH-21 HR radiography device, Siemens Sensation Open 24-slice MSCT-device, NewTom 5G CBCT device, and Planmed Verity CBCT device, and the effective doses were calculated according to ICRP 103 recommendations. The effective dose for the conventional radiographic device was 1.5 mu Sv. The effective dose for the NewTom 5G CBCT ranged between 2.0 and 6.7 mu Sv, for the Planmed Verity CBCT device 2.6 mu Sv and for the Siemens Sensation MSCT device 37.4 mu Sv. Compared with conventional 2D radiography, this study demonstrated a 1.4-4.6 fold increase in effective dose for CBCT and 25-fold dose for standard MSCT protocols. When compared with 3D CBCT protocols, the study showed a 6-19 fold increase in effective dose using a standard MSCT protocol. CBCT devices offer a feasible low-dose alternative for elbow 3D imaging when compared to MSCT.Peer reviewe

Development and preliminary testing of the psychosocial adjustment to hereditary diseases scale

Background: The presence of Lynch syndrome (LS) can bring a lifetime of uncertainty to an entire family as members adjust to living with a high lifetime cancer risk. The research base on how individuals and families adjust to genetic-linked diseases following predictive genetic testing has increased our understanding of short-term impacts but gaps continue to exist in knowledge of important factors that facilitate or impede long-term adjustment. The failure of existing scales to detect psychosocial adjustment challenges in this population has led researchers to question the adequate sensitivity of these instruments. Furthermore, we have limited insight into the role of the family in promoting adjustment. Methods: The purpose of this study was to develop and initially validate the Psychosocial Adjustment to Hereditary Diseases (PAHD) scale. This scale consists of two subscales, the Burden of Knowing (BK) and Family Connectedness (FC). Items for the two subscales were generated from a qualitative data base and tested in a sample of 243 participants from families with LS. Results: The Multitrait/Multi-Item Analysis Program-Revised (MAP-R) was used to evaluate the psychometric properties of the PAHD. The findings support the convergent and discriminant validity of the subscales. Construct validity was confirmed by factor analysis and Cronbach’s alpha supported a strong internal consistency for BK (0.83) and FC (0.84). Conclusion: Preliminary testing suggests that the PAHD is a psychometrically sound scale capable of assessing psychosocial adjustment. We conclude that the PAHD may be a valuable monitoring tool to identify individuals and families who may require therapeutic interventions