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Malpractice or masterful practice?Navigating vicarious liability in healthcare
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作者 Satvik N Pai Naveen Jeyaraman +1 位作者 Madhan Jeyaraman Swaminathan Ramasubramanian 《World Journal of Clinical Cases》 SCIE 2025年第2期10-13,共4页
In the intricate landscape of healthcare,vicarious liability looms large,shaping the responsibilities and actions of healthcare practitioners and administrators alike.Illustrated by a poignant scenario of a medication... In the intricate landscape of healthcare,vicarious liability looms large,shaping the responsibilities and actions of healthcare practitioners and administrators alike.Illustrated by a poignant scenario of a medication error,this article navigates the complexities of vicarious liability in healthcare.It explains the legal basis and ramifications of this theory,emphasizing its importance in fostering responsibility,protecting patient welfare,and easing access to justice.The paper explores the practical effects of vicarious responsibility on day-to-day operations,leadership practices,and decision-making processes via the eyes of senior consultants,junior doctors,and hospital administrators.Through comprehensive insights and real-world examples,it underscores the imperative of fostering a culture of accountability,communication,and quality care to navigate the intricate web of liabilities inherent in modern healthcare. 展开更多
关键词 Vicarious liability Healthcare RESPONSIBILITY LITIGATION Patient welfare
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Experience vs.Logic:An Inquiry into Legal Liability-Setting Techniques in Local Legislation
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作者 Li Hongjun 《Contemporary Social Sciences》 2025年第4期125-138,共14页
Although legal liability is a key component of local regulations and ensures their effective implementation,existing research has paid insufficient attention to the techniques for setting legal liability clauses in th... Although legal liability is a key component of local regulations and ensures their effective implementation,existing research has paid insufficient attention to the techniques for setting legal liability clauses in the local legislation,due to a lack of systematic analysis.To address this gap,this paper employs the interview method to empirically examine the formation process,as well as the techniques for establishing legal liability in local legislation,with the aim of revealing the primary legislative techniques for formulating legal liability clauses in local legislation and their application principles.Drawing from these empirical findings and analytical insights,the research demonstrates that the legal liability-setting techniques in local legislation tend to exhibit a weak coherence with regard to logic and a strong policy orientation.These issues potentially create tension with the legal norms’demands for certainty,abstraction,and completeness.Therefore,this paper proposes a three-pronged framework to harmonize competing demands by respecting local particularities and achieving context-sensitive regulatory balance.This framework advocates that local legislative practice should(a)prioritize practical rationality and rule effectiveness over logical completeness,acknowledging inherent conflicts with traditional legislative models;(b)adopt a typological legislative method to balance normative principles with governance efficiency by transcending logic-experience binaries;and(c)establish a dynamic updating mechanism with regular evaluation to maintain adaptability to socio-economic evolution. 展开更多
关键词 local legislation legal liability legislative technique
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Coal bursting liability determination by needle penetration test:Empirical criterion and machine learning
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作者 Yixin Zhao Ronghuan Xie +5 位作者 Shirui Wang Yirui Gao Sen Gao Xiaodong Guo Chuncheng Sun Jinbao Guo 《International Journal of Coal Science & Technology》 CSCD 2024年第6期185-201,共17页
Coal bursting liability refers to the mechanical property of the degree and possibility of coal burst.The bursting liability is important to evaluate coal burst in mining.In this paper,the needle penetration test was ... Coal bursting liability refers to the mechanical property of the degree and possibility of coal burst.The bursting liability is important to evaluate coal burst in mining.In this paper,the needle penetration test was carried out to determinate the coal bursting liability,and the empirical criterion of coal bursting liability was proposed.Moreover,the machine learning method was applied to coal bursting liability determination.Through analyzing the elastic strain energy release and failure time,the residual elastic strain energy release rate index K_(RE)was proposed to evaluate the coal bursting liability.According to the relationship between needle penetration index(NPI),K_(RE)and the critical value of K_(RE),the Needle Penetration Test-based Empirical Classification Criterion(NPT-ECC)was obtained.In addition,four machine learning classification models were constructed.After training and testing of the models,Needle Penetration Test-based Machine Learning Classification Model(NPT-MLCM)was proposed.The research results show that the accuracy of NPT-ECC is 6.66%higher than that of China National Standard Comprehensive Evaluation(CNSCE)according to verification of the coal fragment ejection ratio F.Gridsearch cross validation-extreme gradient boosting(GSCV-XGBoost)has the best prediction performance among all the models,and accuracy,Macro-Precision,Macro-Recall and Macro-F1-score of which were 86.67%,88.97%,87.50%and 87.37%.Based on this,the Needle Penetration Test-based GSCV-XGBoost(NPT-GSCV-XGBoost)was proposed.After comparative analysis and discussion,NPT-GSCV-XGBoost is superior to NPT-ECC and CNSCE in the comprehensive prediction ability. 展开更多
关键词 COAL Busting liability Needle penetration test Empirical criterion Machine learning PREDICTION
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The Dynamic System Theory of Legal Protection for Personal Information Rights Infringement
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作者 莫杨燊 NI Weis 《The Journal of Human Rights》 2024年第1期143-172,共30页
The advent of the big data era has presented unprecedented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessmen... The advent of the big data era has presented unprecedented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessment,and liability.Traditional tort law is unable to provide a robust response for these challenges,which severely hinders human rights protection in the digital society.The dynamic system theory represents a third path between fixed constitutive elements and general clauses.It both overcomes the rigidity of the“allor-nothing”legal effect evaluation mechanism of the“element-effect”model and avoids the uncertainty of the general clause model.It can effectively enhance the flexibility of the legal system in responding to social changes.In light of this,it is necessary to construct a dynamic foundational evaluation framework for personal information infringement under the guidance of the dynamic system theory.By relying on the dynamic interplay effect of various foundational evaluation elements,this framework can achieve a flexible evaluation of the constitutive elements of liability and the legal effects of liability for personal information infringement.Through this approach,the crisis of personal information infringement in the era of big data can be mitigated,and the realization of personal information rights as digital human rights can be promoted. 展开更多
关键词 personal information digital human rights dynamic system theory constitutive elements of torts liability
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Determination of Liability for Violation of “Sexual Autonomy” and Compensation for Mental Damages
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作者 姚邢 JIANG Lin(Translated) 《The Journal of Human Rights》 2024年第2期347-372,共26页
At the legislative level in China,there has been insufficient theoretical preparation to explicitly include“sexual autonomy”within the scope of general personality rights.In handling the increasing number of dispute... At the legislative level in China,there has been insufficient theoretical preparation to explicitly include“sexual autonomy”within the scope of general personality rights.In handling the increasing number of disputes related to violations of“sexual autonomy,”judicial biases have emerged during the trial process when courts determine the attribute of the right to“sexual autonomy.”This situation necessitates a clear legal analysis of the concept and attributes of“sexual autonomy”to establish its essential attribute as a personality right,and,from the perspective of legal doctrine,enable the justification of the right to“sexual autonomy”as either a general personality right or other personality interests,thereby providing theoretical support for courts to“adjudicate according to law.”By delineating and categorizing instances of violations of“sexual autonomy,”the constitutive elements and fundamental characteristics of such violations can be clarified.By examining the legal norms governing civil litigation and civil litigation associated with criminal cases concerning violations of“sexual autonomy,”the responsibility determination,remedies,and existing regulatory loopholes regarding violations of“sexual autonomy,”especially in cases involving both criminal and civil matters,can be defined.Based on this foundation,the legal basis,determination mechanism,and compensation standards for claiming compensation for mental damages resulting from violations of“sexual autonomy”can be elucidated. 展开更多
关键词 sexual autonomy personality rights VIOLATIONS liability investigation
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Risk Assessment of an Environmental Liability in the Commercialization of Hydrocarbons-A Secondary Publication
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作者 Yamila Navarro Sosa JoséCarlos Rojas Acosta +2 位作者 Lester Rivas Trasancos Carlos C.Cañete Pérez Yuletsis Díaz Rodríguez 《Journal of World Architecture》 2024年第2期108-117,共10页
The risk analysis evaluates the probability of occurrence with the impact of said risks.In the hydrocarbon sector,an environmental liability is an improperly abandoned facility,soil contaminated by spills or others.Th... The risk analysis evaluates the probability of occurrence with the impact of said risks.In the hydrocarbon sector,an environmental liability is an improperly abandoned facility,soil contaminated by spills or others.The objective of this work is to define a risk management plan.The characterization of the residue and the area was carried out.Hazardous events were identified:overflow spill,soil contamination by infiltration,as well as radiant heat and suffocating and toxic fumes from a fire.The matrix method was applied considering the probability of occurrence against vulnerability.The danger of infiltration implied a high level of risk.The risk management plan was drawn up,its main action being the liquidation of the pool and the sanitation of the area. 展开更多
关键词 Hazardous events Environmental liability Waste Risk VULNERABILITY
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Telemedicine and public health–pearls and pitfalls
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作者 Ranjeet Kumar Sinha Sony Sinha +2 位作者 Prateek Nishant Arvind Kumar Morya Arshi Singh 《World Journal of Methodology》 2025年第2期177-179,共3页
We hereby comment on the interesting systematic review by Grewal et al where they have provided an overall picture of the current status of available tele-health programs in the United States with emphasis on the Amaz... We hereby comment on the interesting systematic review by Grewal et al where they have provided an overall picture of the current status of available tele-health programs in the United States with emphasis on the Amazon Clinic.Their analysis is an appreciable effort in discovering the features available and features lacking in these tele-health programs.The concept of tele-health originated to curtail the need for physical attendance of patients at health clinics,and has been beneficial during the coronavirus disease 2019 pandemic.We implore that the pearls and pitfalls of these programs have to be understood by policymakers prior to forming a consensus regarding the availability,accessibility and affordability of these programs as methods of healthcare delivery.Unrestricted proliferation of tele-health programs in their current form may pose threats to patient and provider safety and medicolegal liability.However,patients and providers must work together to improve them to meet their expectations and enable them to provide the best care for the ailing public. 展开更多
关键词 TELEMEDICINE Remote Access Availability Accessibility AFFORDABILITY ETHICS Privacy Medicolegal liability
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Research on the Responsibility Traceability Mechanism Based on AI and the Application Boundary of Algorithmic Ethics in Medical Decision Making
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作者 Baochen Huang Zhikai Huang 《Proceedings of Business and Economic Studies》 2025年第4期280-298,共19页
With the rapid advancement of medical artificial intelligence(AI)technology,particularly the widespread adoption of AI diagnostic systems,ethical challenges in medical decision-making have garnered increasing attentio... With the rapid advancement of medical artificial intelligence(AI)technology,particularly the widespread adoption of AI diagnostic systems,ethical challenges in medical decision-making have garnered increasing attention.This paper analyzes the limitations of algorithmic ethics in medical decision-making and explores accountability mechanisms,aiming to provide theoretical support for ethically informed medical practices.The study highlights how the opacity of AI algorithms complicates the definition of decision-making responsibility,undermines doctor-patient trust,and affects informed consent.By thoroughly investigating issues such as the algorithmic“black box”problem and data privacy protection,we develop accountability assessment models to address ethical concerns related to medical resource allocation.Furthermore,this research examines the effective implementation of AI diagnostic systems through case studies of both successful and unsuccessful applications,extracting lessons on accountability mechanisms and response strategies.Finally,we emphasize that establishing a transparent accountability framework is crucial for enhancing the ethical standards of medical AI systems and protecting patients’rights and interests. 展开更多
关键词 Algorithmic ethics Medical decision-making liability tracing Medical AI Patient rights protection
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INSTRUCTIONS FOR AUTHORS
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《Applied Mathematics and Mechanics(English Edition)》 2025年第6期I0001-I0002,共2页
1Legal requirements The author(s)guarantee(s)that the manuscript will not be published elsewhere in any language without the consent of the copyright holders,that the rights of third parties will not be violated,and t... 1Legal requirements The author(s)guarantee(s)that the manuscript will not be published elsewhere in any language without the consent of the copyright holders,that the rights of third parties will not be violated,and that the publisher will not be held legally responsible should there be any claims for compensation. 展开更多
关键词 COPYRIGHT third parties publisher liability legal requirements
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INSTRUCTIONS FOR AUTHORS
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《Applied Mathematics and Mechanics(English Edition)》 2025年第4期I0001-I0002,共2页
1 Legal requirements The author(s)guarantee(s)that the manuscript will not be published elsewhere in any language without the consent of the copyright holders,that the rights of third parties will not be violated,and ... 1 Legal requirements The author(s)guarantee(s)that the manuscript will not be published elsewhere in any language without the consent of the copyright holders,that the rights of third parties will not be violated,and that the publisher will not be held legally responsible should there be any claims for compensation. 展开更多
关键词 third parties publisher liability legal requirements
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Research on Product Quality Law System
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作者 王国存 《海外英语》 2011年第14期366-367,共2页
Product quality law refers to the combination of various economical relationships and legal norms in the process of production,circulation and administration.It combines the operation of the market with the state supe... Product quality law refers to the combination of various economical relationships and legal norms in the process of production,circulation and administration.It combines the operation of the market with the state supervision.Studying on the legislation style will be of theoretical and practical significance. 展开更多
关键词 PRODUCT PRODUCT QUALITY PRODUCTS liability QUALITY SUPERVISION LEGISLATIVE system
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Spontaneous combustion liability of coal and coal-shale: a review of prediction methods 被引量:12
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作者 M.Onifade B.Genc 《International Journal of Coal Science & Technology》 EI 2019年第2期151-168,共18页
This study presents a review of the various methods to predict the spontaneous combustion liability of coal and coal-shale. The relative propensity of coal to undergo self-heating can be established by different metho... This study presents a review of the various methods to predict the spontaneous combustion liability of coal and coal-shale. The relative propensity of coal to undergo self-heating can be established by different methods. These methods are well established in their usage, but the fact that no particular test method has become a standard to predict the spontaneous combustion liability indicates that doubt still exists as to the validity of all of them. The underlying principle of all the tests is that the more readily the coal undergoes exothermic oxidation, the more liable it is to self-heat. Comprehensive studies that centres on the international position on research being conducted by academics, different research institutes and industries on spontaneous combustion of coal and coal mine fires were evaluated. Relationships between the geochemical analysis (proximate and ultimate analysis, forms of sulphur, petrographic properties, X-ray diffraction and X-ray fluorescence) and spontaneous combustion testing methods (numerical and experimental approaches) used to predict the spontaneous combustion liability of coal were reviewed. The combination of these tests provides a better understanding of the mechanism that controls the spontaneous combustion phenomena. However, irrespective of the extensive studies that have been conducted over time, spontaneous combustion is still a major problem in the coal value chain. 展开更多
关键词 Coalfields SPONTANEOUS combustion liability MACERALS Numerical and GEOCHEMICAL analysis
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Proposing a novel comprehensive evaluation model for the coal burst liability in underground coal mines considering uncertainty factors 被引量:8
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作者 Jian Zhou Chao Chen +1 位作者 Mingzheng Wang Manoj Khandelwal 《International Journal of Mining Science and Technology》 SCIE EI CAS CSCD 2021年第5期799-812,共14页
Coal burst is a severe hazard that can result in fatalities and damage of facilities in underground coal mines.To address this issue,a robust unascertained combination model is proposed to study the coal burst hazard ... Coal burst is a severe hazard that can result in fatalities and damage of facilities in underground coal mines.To address this issue,a robust unascertained combination model is proposed to study the coal burst hazard based on an updated database.Four assessment indexes are used in the model,which are the dynamic failure duration(DT),elastic energy index(WET),impact energy index(KE)and uniaxial compressive strength(RC).Four membership functions,including linear(L),parabolic(P),S and Weibull(W)functions,are proposed to measure the uncertainty level of individual index.The corresponding weights are determined through information entropy(EN),analysis hierarchy process(AHP)and synthetic weights(CW).Simultaneously,the classification criteria,including unascertained cluster(UC)and credible identification principle(CIP),are analyzed.The combination algorithm,consisting of P function,CW and CIP(P-CW-CIP),is selected as the optimal classification model in function of theory analysis and to train the samples.Ultimately,the established ensemble model is further validated through test samples with 100%accuracy.The results reveal that the hybrid model has a great potential in the coal burst hazard evaluation in underground coal mines. 展开更多
关键词 Coal burst liability(CBL) Unascertained measurement(UM) Analysis hierarchy process Information entropy Synthetic weights Comprehensive evaluation
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Analysis of spontaneous combustion liability indices and coal recording standards/basis 被引量:2
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作者 A.R.Gbadamosi M.Onifade +1 位作者 B.Genc S.Rupprecht 《International Journal of Mining Science and Technology》 SCIE EI CSCD 2020年第5期723-736,共14页
The characterization of the physical and chemical properties of coal on a standard provides an understanding of its characteristics towards spontaneous combustion.The trend of linear relationships between coal recordi... The characterization of the physical and chemical properties of coal on a standard provides an understanding of its characteristics towards spontaneous combustion.The trend of linear relationships between coal recording standards(%air-dried(ad),%dry(db)and%dry ash free(daf)basis)of 30 selected coal samples from the Witbank coalfields and spontaneous combustion liability indices were evaluated.The spontaneous combustion liability indices of these samples were evaluated by crossing point temperature(XPT),Stage II Slope,FCC(Feng,Chakravorty,Cochrane)and the Wits-Ehac tests,while the coal properties were determined from the proximate and ultimate analyses.The results obtained from these coal properties were related to different liability indices to develop trends of linear relationships using regression analysis.The ad basis indicated higher correlation coefficients than the db and daf basis for the XPT and FCC index,while the daf showed higher correlation coefficients than the ad and db basis for the Wits-Ehac index.It was found that the trend of linear relationships of these coal properties differs from one liability index to the next.The XPTs showed a better trend followed by the Stage II Slope on the coal properties among the spontaneous combustion liability indices evaluated. 展开更多
关键词 Coal basis Correlation analysis liability indices Spontaneous combustion
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