Along with various human production or consumption activities,large-scale air pollution,water pollution,noise,land subsidence and other public nuisances that are harmful to human health and the living environment have...Along with various human production or consumption activities,large-scale air pollution,water pollution,noise,land subsidence and other public nuisances that are harmful to human health and the living environment have emerged.With the emergence and rise of environmental awareness among the people of Taiwan region,in the face of the increasingly deteriorating environment,Taiwan has taken a series of measures.First of all,Article 9 of the Administrative Litigation Law first stipulates public interest litigation;then,Article 34 of the Basic Law on the Environment clearly stipulates the important documents for public interest litigation.In this paper,it is held that environmental maintenance and improvement is the responsibility of every citizen,not just that of the government.On the path of environmental public interest litigation,every citizen should have the right mindset and response strategies.展开更多
This study examines the role of village regulations within China’s Litigation Source Governance(LSG)framework,specifically analyzing Tianjin Municipality’s 2023 Model Village Regulations.Employing legal analysis and...This study examines the role of village regulations within China’s Litigation Source Governance(LSG)framework,specifically analyzing Tianjin Municipality’s 2023 Model Village Regulations.Employing legal analysis and Natural Language Processing(NLP)techniques,the research evaluates the effectiveness,enforceability,and thematic orientation of these regulations in grassroots dispute resolution.Findings reveal a pronounced reliance on moral governance provisions,limited judicial recognition,and significant implementation challenges due to the predominance of non-binding(soft)clauses.The study recommends enhancing judicial recognition through formal confirmation mechanisms,increasing legally binding clauses,and integrating village-level governance more closely with formal judicial processes.This approach not only strengthens local governance but also provides valuable insights for nationwide replication,supporting broader goals of rural stability and governance modernization.展开更多
The understanding of the scope of protection for the right to health should not be limited to fragmented descriptions in departmental laws,such as those focusing on rights,interests,or legal benefits.Instead,it should...The understanding of the scope of protection for the right to health should not be limited to fragmented descriptions in departmental laws,such as those focusing on rights,interests,or legal benefits.Instead,it should be analyzed holistically within the constitutional framework of fundamental rights.From the perspective of defense right function,the right to health addresses physiological harm that progresses through stages of“risk-danger-infringement,”psychological harm that targets inner distress,and minor harm arising from challenges in social adaptation,to clarify the negative defensive obligations of the state to prevent health-related harm.From the perspectives of the beneficiary right function and the objective value order function,the right to health requires a minimum level of constitutional protection and delineating the positive obligations of the state to ensure it through the fulfillment of basic obligations in healthcare and health promotion.展开更多
AIM: To examine the allegations in malpractice litigations related to gastrointestinal endoscopy in Japan. METHODS: A retrospective review of cases tried in the civil court system during the 21-year period from 1985 t...AIM: To examine the allegations in malpractice litigations related to gastrointestinal endoscopy in Japan. METHODS: A retrospective review of cases tried in the civil court system during the 21-year period from 1985 to 2005, identified in a computerized legal database, was undertaken. RESULTS: Eighteen malpractice litigations and a total of 30 allegations were identified. Of the 18 (44%) malpractice litigations, 8 (44%) were related to eso- phagogastroduodenoscopy, 4 (22%) to colonoscopy, 4 (22%) to endoscopic sphincterotomy, and 2 (11%) to endoscopic retrograde cholangiopancreatography. Seventeen (94%) cases pertained to complications, and the remaining (6%) case pertained to misdiagnosis. In 10 cases, the patient died of the complications. Allegations were categorized as: (1) performance error during the endoscopic procedure (n = 12, 40%); (2) lack of informed consent (n = 9, 30%); (3) performance error during the treatment after the endoscopic procedure (n = 4, 13%); (4) premedication error (n = 3, 10%); (5) diagnostic error (n = 1, 3%); and (6) indication error for the endoscopic procedure (n = 1, 3%). CONCLUSION: These data may aid in the design of risk prevention strategies to be used by gastrointestinal endoscopists.展开更多
Although it is not the main duty for the People's Procuratorate to institute environmental public interest litigation proceedings, the existence of "reserve" prosecution right of plaintiff not only is be...Although it is not the main duty for the People's Procuratorate to institute environmental public interest litigation proceedings, the existence of "reserve" prosecution right of plaintiff not only is beneficial to timely prevention and cure of environmental damage, but also contributes indispensable judicial supervision force to the environmental legality construction. In order to safeguard environmental public interests, many local prosecutorial organizations have practiced environmental public interests litigation. Since Chinese law has not made explicit stipulation on the function of the People's Procuratorate instituting environmental public interest litigation, the plaintiff's subject qualification for environmental public interest litigation instituted by the People's Procuratorate is still in question. In order to propel the People's Procuratorate to completely and fully exercise their power of supervision and prosecution, there shall be corresponding legislation that provides powerful guarantee for the People's Procuratorate instituting environmental public interest litigation.展开更多
Mechanical properties and creep behavior of Q460E continuous casting slab were studied by means of uniaxial tensile tests on a Gleeble-3800 thermomechanical simulator from 1000 to 1100 ℃.The high-temperature creep co...Mechanical properties and creep behavior of Q460E continuous casting slab were studied by means of uniaxial tensile tests on a Gleeble-3800 thermomechanical simulator from 1000 to 1100 ℃.The high-temperature creep constitutional equation was derived based on experimental data.The parameters in the equation were calculated by using the regression analysis inverse-estimation method.The experimental curves in the primary and secondary creep stages are fitted well.A three-dimensional elastic-plastic and creep finite element model was proposed in order to investigate the bulging deformation of slab and the bulging deformation at the beginning position of bending segment on the slab continuous casting machine was computed accurately.The results indicate that the maximum bulging deformation appears at the geometric center of the slab.The maximum value of the bulging deformation obtained by the elastic-plastic analysis is 1.301 ram.Consideririg the creep effect,the deformation increases to 1.827 mm which is about 1.4 times the value obtained by the elastic-plastic analysis.The calculation of buleing deformation usin2 the elastic-plastic creed model is more reliable and/iccurate.展开更多
As germination and rise of public environmental awareness in Taiwan, large-scale air pollution, water pollution, noise, land subsidence and other public hazards harming human health and living environment caused by va...As germination and rise of public environmental awareness in Taiwan, large-scale air pollution, water pollution, noise, land subsidence and other public hazards harming human health and living environment caused by various production or consumption activities are generated. Facing the situation of environment increasingly aggravates, environmental public interest litigation system is constructed. First, Article 9 of Administrative Procedure Law stipulates public interest litigation;then ,Article 34 of Environmental Basic Law cleady stipulates important elements of public interest litigation. In the research, taking the first environmental public interest litigation in Taiwan as the example, collusion process between government and developer, and private environmental protection groups finally obtaining victory through the continuous effort and litigation are illustrated, thereby uncovering so-called ＂legal＂ saying by government and developer. Environmental maintenance and improvement is the duty of every citizen should do, but not only the duty of govemment, which is mentality of environmental public interest litigation development should have and road must take.展开更多
Although the academic community still has some theoretical divergences on whether environmental rights should be a basic human right or a basic constitutional one, there are an increasing number of countries including...Although the academic community still has some theoretical divergences on whether environmental rights should be a basic human right or a basic constitutional one, there are an increasing number of countries including this right in their constitution. Based on the constitutions in 193 countries, this paper aims to examine the fundamental situation of incorporating environmental rights into a constitution. It has been concluded that environmental protection as a right is written into a constitution in three aspects, namely, as a constitutional right, a civic duty, and a national policy, principle or social goal. Through summarizing these, this paper argues that including environmental rights in a country’s constitution is the means by which all citizens shall enjoy a good, healthy, sustainable and harmonious environment suitable for their development, have timely and comprehensive access to reliable information about environment, participate in making public decisions related to the environment, and ask for legal remedies and compensation for any infringement on their environmental rights, or injury or damage to their environmental property. But even after environmental rights are incorporated into a constitution, there may be theoretical and practical difficulties in their implementation.展开更多
On the basis of experimental results of 76 points of composition and previous relevant conclu- sions,a relatively complete constitutional diagram of solid solution treating Fe-Mn-C sys- tem alloy at 1000℃ has been co...On the basis of experimental results of 76 points of composition and previous relevant conclu- sions,a relatively complete constitutional diagram of solid solution treating Fe-Mn-C sys- tem alloy at 1000℃ has been constructed with austenite zones of different stabilities.The chemical composition range and structure change of steels with various Mn have also been discussed.Thus,the reasonable selection of composition and structure may be available for the manganese steel with commercial purposes.展开更多
Objective: To summarize the common constitutional types in patients with gallstone disease and analyze influencing factors. Research Hypothesis: Qi stagnation constitution may be a potential predisposing constitution ...Objective: To summarize the common constitutional types in patients with gallstone disease and analyze influencing factors. Research Hypothesis: Qi stagnation constitution may be a potential predisposing constitution for gallstone disease, whereas the Balanced Constitution and Yin deficiency constitution have a lower tendency towards the development of the disease;gallstone disease is more prevalent among young men engaged in mental labor. Methods: A retrospective study was conducted on 180 patients with gallstone disease who were hospitalized in the Department of Hepatobiliary Surgery, First Affiliated Hospital of Guangxi University of Traditional Chinese Medicine (TCM), from July 2017 to July 2023. Additionally, 180 healthy individuals undergoing physical examinations at the Health Examination Center of the same hospital were selected as the normal control group. Both groups underwent general condition surveys, TCM constitution scales, Eysenck Personality Questionnaires, Brief Coping Styles Questionnaires, and Social Support Rating Scales to determine risk factors and common types. Results: Independent variables such as gender, Qi stagnation constitution, Balanced Constitution, negative coping scores, positive coping scores, and stressful life events were included in the model. The OR values for Balanced Constitution, gender, positive coping style, and overall social support were all less than 1, and the maximum value of the 95% confidence interval was also less than 1. After selecting the intercept into the model and analyzing the standardized regression coefficients, it was found that negative coping scores had a significant impact on the model, while stressful life events showed extremely high relevance to the study. Compared with the normal group, the frequency of Qi stagnation constitution in the study group significantly increased, with a significant difference (P χ2 = 11.109, P = 0.0009, indicating a significant difference (P χ2 = 4.0890, P = 0.0432, indicating a significant difference (P 0.05). However, when comparing mental workers with physical workers within the patient group, the frequency of Qi stagnation constitution in mental workers was significantly higher, with χ2 = 6.8467, P = 0.012, indicating a significant difference (P Conclusion: Qi stagnation constitution is a potential predisposing constitution for gallstone disease, whereas the tendency to develop the disease is relatively low for Balanced Constitution and Yin deficiency constitution. Gallstone disease is more commonly found in young male mental workers.展开更多
For departmental legal norms concerning citizens’basic rights,when multiple interpretations are possible based on individual case circumstances,interpreters representing public authority need to apply the method of c...For departmental legal norms concerning citizens’basic rights,when multiple interpretations are possible based on individual case circumstances,interpreters representing public authority need to apply the method of constitutional interpretation to screen out the interpretation conclusions that do not violate the Constitution.This means selecting interpretations at the constitutional level that do not overly restrict citizens’basic rights and understanding the specific connotations of legal norms with the principle of“not infringing on citizens’basic rights.”The Constitution,as a framework order,does not require interpreters to choose the most constitutionally aligned interpretation among various constitutional interpretations.If a legal norm does not have a constitutional interpretation conclusion in an individual case circumstance,it indicates that the application of that norm in the case is unconstitutional,and the interpreter should avoid applying the legal norm in that case.Regarding judgment standards,interpreters should apply the principle of proportionality to determine whether each legal interpretation conclusion concerning basic rights-related legal norms complies with the Constitution.Out of respect for the legislature,the application of the sub-principles of pro-portionality should consider the boundaries of interpretative actions.展开更多
The analysis of closed claims and litigations can provide an invaluable tool to improve patient safety by minimizing adverse anesthesia-related outcomes. Analysis of collective data describing such claims is integral ...The analysis of closed claims and litigations can provide an invaluable tool to improve patient safety by minimizing adverse anesthesia-related outcomes. Analysis of collective data describing such claims is integral to develop new guidelines aimed to reduce adverse anesthesia-related events. In this study, we give a descriptive analysis of anesthesia-related claims at the Detroit Medical Center, Detroit, MI, USA. The study analyzed different components in anesthesia-related closed claims and litigations such as medical, demographic and socio-economic factors. From 67,000 procedures in anesthesiology care provider, related cases claims were made in 0.057% (38/67,000) of all cases. The majority of claims involved procedures involving Caucasian females aged 51-55 years. The highest risk periods involved early shift times during Monday and Tuesday, particularly of procedures performed during August. About 33% of all cases in which death occurred involved patients who received an Obstetrics/Gynecology or an Orthopedic procedure under general anesthesia. The majority of closed claims and litigations cases were distributed between procedures treating nerves injuries and anoxic encephalopathy. The OR and PACU at urban hospitals had the highest claim rates. MD anesthesiologists constituted the lowest proportion of all anesthesia providers involved in closed claims incidents. The average compensation paid was predominately in the range of $200,000-$250,000. In addition to reporting anesthesia related factors involved in closed claims and litigations this study also includes a series of recommendations which may work as a framework for improving anesthesia practices.展开更多
文摘Along with various human production or consumption activities,large-scale air pollution,water pollution,noise,land subsidence and other public nuisances that are harmful to human health and the living environment have emerged.With the emergence and rise of environmental awareness among the people of Taiwan region,in the face of the increasingly deteriorating environment,Taiwan has taken a series of measures.First of all,Article 9 of the Administrative Litigation Law first stipulates public interest litigation;then,Article 34 of the Basic Law on the Environment clearly stipulates the important documents for public interest litigation.In this paper,it is held that environmental maintenance and improvement is the responsibility of every citizen,not just that of the government.On the path of environmental public interest litigation,every citizen should have the right mindset and response strategies.
基金Tianjin Education Commission Research Program,Humanities and Social Sciences,(Project No.:2022SK064)Innovation Training Program at Tianjin Normal University in 2024,“Research on the Function of Rural Norms in Source Governance of Disputes from the Perspective of Rural Revitalization”(Project No.:202410065027)。
文摘This study examines the role of village regulations within China’s Litigation Source Governance(LSG)framework,specifically analyzing Tianjin Municipality’s 2023 Model Village Regulations.Employing legal analysis and Natural Language Processing(NLP)techniques,the research evaluates the effectiveness,enforceability,and thematic orientation of these regulations in grassroots dispute resolution.Findings reveal a pronounced reliance on moral governance provisions,limited judicial recognition,and significant implementation challenges due to the predominance of non-binding(soft)clauses.The study recommends enhancing judicial recognition through formal confirmation mechanisms,increasing legally binding clauses,and integrating village-level governance more closely with formal judicial processes.This approach not only strengthens local governance but also provides valuable insights for nationwide replication,supporting broader goals of rural stability and governance modernization.
文摘The understanding of the scope of protection for the right to health should not be limited to fragmented descriptions in departmental laws,such as those focusing on rights,interests,or legal benefits.Instead,it should be analyzed holistically within the constitutional framework of fundamental rights.From the perspective of defense right function,the right to health addresses physiological harm that progresses through stages of“risk-danger-infringement,”psychological harm that targets inner distress,and minor harm arising from challenges in social adaptation,to clarify the negative defensive obligations of the state to prevent health-related harm.From the perspectives of the beneficiary right function and the objective value order function,the right to health requires a minimum level of constitutional protection and delineating the positive obligations of the state to ensure it through the fulfillment of basic obligations in healthcare and health promotion.
文摘AIM: To examine the allegations in malpractice litigations related to gastrointestinal endoscopy in Japan. METHODS: A retrospective review of cases tried in the civil court system during the 21-year period from 1985 to 2005, identified in a computerized legal database, was undertaken. RESULTS: Eighteen malpractice litigations and a total of 30 allegations were identified. Of the 18 (44%) malpractice litigations, 8 (44%) were related to eso- phagogastroduodenoscopy, 4 (22%) to colonoscopy, 4 (22%) to endoscopic sphincterotomy, and 2 (11%) to endoscopic retrograde cholangiopancreatography. Seventeen (94%) cases pertained to complications, and the remaining (6%) case pertained to misdiagnosis. In 10 cases, the patient died of the complications. Allegations were categorized as: (1) performance error during the endoscopic procedure (n = 12, 40%); (2) lack of informed consent (n = 9, 30%); (3) performance error during the treatment after the endoscopic procedure (n = 4, 13%); (4) premedication error (n = 3, 10%); (5) diagnostic error (n = 1, 3%); and (6) indication error for the endoscopic procedure (n = 1, 3%). CONCLUSION: These data may aid in the design of risk prevention strategies to be used by gastrointestinal endoscopists.
基金Research program of Ministry of Justice on national constitutionality and juristic theory "Research on the Function and Legislative Support of the People's Procuratorates Instituting Environmental Public Interest Litigation"(Grant No.:09SFB3040)supported by the people's procuratorate of Shandong in 2009 "The Legislative Research on the People's Procuratorates Instituting Environmental Public Interest Litigation"
文摘Although it is not the main duty for the People's Procuratorate to institute environmental public interest litigation proceedings, the existence of "reserve" prosecution right of plaintiff not only is beneficial to timely prevention and cure of environmental damage, but also contributes indispensable judicial supervision force to the environmental legality construction. In order to safeguard environmental public interests, many local prosecutorial organizations have practiced environmental public interests litigation. Since Chinese law has not made explicit stipulation on the function of the People's Procuratorate instituting environmental public interest litigation, the plaintiff's subject qualification for environmental public interest litigation instituted by the People's Procuratorate is still in question. In order to propel the People's Procuratorate to completely and fully exercise their power of supervision and prosecution, there shall be corresponding legislation that provides powerful guarantee for the People's Procuratorate instituting environmental public interest litigation.
基金National Natural Science Foundation of China (51275446)Hebei Provincial Natural Science Foundation of China (E2016203492).
文摘Mechanical properties and creep behavior of Q460E continuous casting slab were studied by means of uniaxial tensile tests on a Gleeble-3800 thermomechanical simulator from 1000 to 1100 ℃.The high-temperature creep constitutional equation was derived based on experimental data.The parameters in the equation were calculated by using the regression analysis inverse-estimation method.The experimental curves in the primary and secondary creep stages are fitted well.A three-dimensional elastic-plastic and creep finite element model was proposed in order to investigate the bulging deformation of slab and the bulging deformation at the beginning position of bending segment on the slab continuous casting machine was computed accurately.The results indicate that the maximum bulging deformation appears at the geometric center of the slab.The maximum value of the bulging deformation obtained by the elastic-plastic analysis is 1.301 ram.Consideririg the creep effect,the deformation increases to 1.827 mm which is about 1.4 times the value obtained by the elastic-plastic analysis.The calculation of buleing deformation usin2 the elastic-plastic creed model is more reliable and/iccurate.
文摘As germination and rise of public environmental awareness in Taiwan, large-scale air pollution, water pollution, noise, land subsidence and other public hazards harming human health and living environment caused by various production or consumption activities are generated. Facing the situation of environment increasingly aggravates, environmental public interest litigation system is constructed. First, Article 9 of Administrative Procedure Law stipulates public interest litigation;then ,Article 34 of Environmental Basic Law cleady stipulates important elements of public interest litigation. In the research, taking the first environmental public interest litigation in Taiwan as the example, collusion process between government and developer, and private environmental protection groups finally obtaining victory through the continuous effort and litigation are illustrated, thereby uncovering so-called ＂legal＂ saying by government and developer. Environmental maintenance and improvement is the duty of every citizen should do, but not only the duty of govemment, which is mentality of environmental public interest litigation development should have and road must take.
基金one of the phased achievements of the project"Rights and Politics"(Project No.12JJD820001)a major project of the Humanities and Social Sciences Base of the Ministry of Education
文摘Although the academic community still has some theoretical divergences on whether environmental rights should be a basic human right or a basic constitutional one, there are an increasing number of countries including this right in their constitution. Based on the constitutions in 193 countries, this paper aims to examine the fundamental situation of incorporating environmental rights into a constitution. It has been concluded that environmental protection as a right is written into a constitution in three aspects, namely, as a constitutional right, a civic duty, and a national policy, principle or social goal. Through summarizing these, this paper argues that including environmental rights in a country’s constitution is the means by which all citizens shall enjoy a good, healthy, sustainable and harmonious environment suitable for their development, have timely and comprehensive access to reliable information about environment, participate in making public decisions related to the environment, and ask for legal remedies and compensation for any infringement on their environmental rights, or injury or damage to their environmental property. But even after environmental rights are incorporated into a constitution, there may be theoretical and practical difficulties in their implementation.
文摘On the basis of experimental results of 76 points of composition and previous relevant conclu- sions,a relatively complete constitutional diagram of solid solution treating Fe-Mn-C sys- tem alloy at 1000℃ has been constructed with austenite zones of different stabilities.The chemical composition range and structure change of steels with various Mn have also been discussed.Thus,the reasonable selection of composition and structure may be available for the manganese steel with commercial purposes.
文摘Objective: To summarize the common constitutional types in patients with gallstone disease and analyze influencing factors. Research Hypothesis: Qi stagnation constitution may be a potential predisposing constitution for gallstone disease, whereas the Balanced Constitution and Yin deficiency constitution have a lower tendency towards the development of the disease;gallstone disease is more prevalent among young men engaged in mental labor. Methods: A retrospective study was conducted on 180 patients with gallstone disease who were hospitalized in the Department of Hepatobiliary Surgery, First Affiliated Hospital of Guangxi University of Traditional Chinese Medicine (TCM), from July 2017 to July 2023. Additionally, 180 healthy individuals undergoing physical examinations at the Health Examination Center of the same hospital were selected as the normal control group. Both groups underwent general condition surveys, TCM constitution scales, Eysenck Personality Questionnaires, Brief Coping Styles Questionnaires, and Social Support Rating Scales to determine risk factors and common types. Results: Independent variables such as gender, Qi stagnation constitution, Balanced Constitution, negative coping scores, positive coping scores, and stressful life events were included in the model. The OR values for Balanced Constitution, gender, positive coping style, and overall social support were all less than 1, and the maximum value of the 95% confidence interval was also less than 1. After selecting the intercept into the model and analyzing the standardized regression coefficients, it was found that negative coping scores had a significant impact on the model, while stressful life events showed extremely high relevance to the study. Compared with the normal group, the frequency of Qi stagnation constitution in the study group significantly increased, with a significant difference (P χ2 = 11.109, P = 0.0009, indicating a significant difference (P χ2 = 4.0890, P = 0.0432, indicating a significant difference (P 0.05). However, when comparing mental workers with physical workers within the patient group, the frequency of Qi stagnation constitution in mental workers was significantly higher, with χ2 = 6.8467, P = 0.012, indicating a significant difference (P Conclusion: Qi stagnation constitution is a potential predisposing constitution for gallstone disease, whereas the tendency to develop the disease is relatively low for Balanced Constitution and Yin deficiency constitution. Gallstone disease is more commonly found in young male mental workers.
文摘For departmental legal norms concerning citizens’basic rights,when multiple interpretations are possible based on individual case circumstances,interpreters representing public authority need to apply the method of constitutional interpretation to screen out the interpretation conclusions that do not violate the Constitution.This means selecting interpretations at the constitutional level that do not overly restrict citizens’basic rights and understanding the specific connotations of legal norms with the principle of“not infringing on citizens’basic rights.”The Constitution,as a framework order,does not require interpreters to choose the most constitutionally aligned interpretation among various constitutional interpretations.If a legal norm does not have a constitutional interpretation conclusion in an individual case circumstance,it indicates that the application of that norm in the case is unconstitutional,and the interpreter should avoid applying the legal norm in that case.Regarding judgment standards,interpreters should apply the principle of proportionality to determine whether each legal interpretation conclusion concerning basic rights-related legal norms complies with the Constitution.Out of respect for the legislature,the application of the sub-principles of pro-portionality should consider the boundaries of interpretative actions.
文摘The analysis of closed claims and litigations can provide an invaluable tool to improve patient safety by minimizing adverse anesthesia-related outcomes. Analysis of collective data describing such claims is integral to develop new guidelines aimed to reduce adverse anesthesia-related events. In this study, we give a descriptive analysis of anesthesia-related claims at the Detroit Medical Center, Detroit, MI, USA. The study analyzed different components in anesthesia-related closed claims and litigations such as medical, demographic and socio-economic factors. From 67,000 procedures in anesthesiology care provider, related cases claims were made in 0.057% (38/67,000) of all cases. The majority of claims involved procedures involving Caucasian females aged 51-55 years. The highest risk periods involved early shift times during Monday and Tuesday, particularly of procedures performed during August. About 33% of all cases in which death occurred involved patients who received an Obstetrics/Gynecology or an Orthopedic procedure under general anesthesia. The majority of closed claims and litigations cases were distributed between procedures treating nerves injuries and anoxic encephalopathy. The OR and PACU at urban hospitals had the highest claim rates. MD anesthesiologists constituted the lowest proportion of all anesthesia providers involved in closed claims incidents. The average compensation paid was predominately in the range of $200,000-$250,000. In addition to reporting anesthesia related factors involved in closed claims and litigations this study also includes a series of recommendations which may work as a framework for improving anesthesia practices.
