Should Pain-and-Suffering Damages be Abolished from Tort Law? More Experimental Evidence

2005 ◽  
Vol 55 (4) ◽  
pp. 941-979 ◽  
Author(s):  
Ronen Avraham
Keyword(s):  
Experimental Evidence ◽  
Tort Law ◽  
Pain And Suffering

Sedation and Analgesia

2015 ◽  
pp. 278-312
Author(s):  
Jordan Brand
Keyword(s):  
Intensive Care Unit ◽  
Intensive Care ◽  
Experimental Evidence ◽  
Critically Ill ◽  
Critically Ill Patients ◽  
Clinical Effects ◽  
Hemodynamic Characteristics ◽  
Pain And Suffering ◽  
Sedation And Analgesia

Patients in the cardiothoracic intensive care unit (CTICU) are subject to numerous physical and mental stresses. While most of these cannot be completely eliminated, intensivists have many tools in their armamentarium to alleviate patients' pain and suffering. This chapter will consider the importance of analgesia and sedation in the CTICU and the relevant consequences of over- or under-treatment. We will examine the tools available for monitoring and titrating analgesia and sedation in critically ill patients. The major classes of medications available will be reviewed, with particular attention to their clinical effects, metabolism and excretion, and hemodynamic characteristics. Lastly, experimental evidence will be assessed regarding the best strategies for treatment of pain and agitation in the CTICU, including use of non-pharmacologic adjuvants.

The Nonpecuniary Costs of Accidents: Pain-and-Suffering Damages in Tort Law

1995 ◽  
Vol 108 (8) ◽  
pp. 1785 ◽  
Author(s):  
Steven P. Croley ◽  
Jon D. Hanson
Keyword(s):  
Tort Law ◽  
Pain And Suffering

No-Fault Versus Strict Liability Compensation Systems in Medical Malpractice Law in Vietnam in Comparision with Belgium, France, and England

2019 ◽  
Vol 10 (1) ◽  
Author(s):  
Thi Bao Anh Nguyen
Keyword(s):  
Medical Malpractice ◽  
Strict Liability ◽  
Tort Law ◽  
Compensation System ◽  
Compensation Systems ◽  
Malpractice Law ◽  
Tort System ◽  
Pain And Suffering ◽  
Fault Compensation ◽  
Uniform Manner

Abstract Medical malpractice is a form of professional negligence and such a negligence forms part of the law of tort. As an alternative to the tort or fault-based system in medical malpractice, a no-fault compensation system has been viewed as having the potential to overcome problems inherent in the tort system. This is through the provision of fair, speedy and adequate compensation for medically injured victims. A no-fault compensation system allows patients to be compensated without proof of provider’s fault or negligence. Similar to no-fault schemes, the strict liability system is not fault-based although it belongs to tort law. Successful claims are paid in a uniform manner using a fixed benefits schedule and include compensation for both economic and non-economic (pain and suffering losses) without the necessity of proving negligence through a tort claim. This study focuses on the comparison of no-fault compensation systems versus strict liability systems between Vietnam to Belgium, France, and England. The distinctions in Belgium, France, and England can be the lessons for the development of a no-fault compensation system as well as strict liability system in Vietnam.

scholarly journals Sedation and Analgesia

2017 ◽  
pp. 486-519
Author(s):  
Jordan Brand
Keyword(s):  
Intensive Care Unit ◽  
Intensive Care ◽  
Experimental Evidence ◽  
Critically Ill ◽  
Critically Ill Patients ◽  
Clinical Effects ◽  
Hemodynamic Characteristics ◽  
Pain And Suffering ◽  
Sedation And Analgesia

Patients in the cardiothoracic intensive care unit (CTICU) are subject to numerous physical and mental stresses. While most of these cannot be completely eliminated, intensivists have many tools in their armamentarium to alleviate patients' pain and suffering. This chapter will consider the importance of analgesia and sedation in the CTICU and the relevant consequences of over- or under-treatment. We will examine the tools available for monitoring and titrating analgesia and sedation in critically ill patients. The major classes of medications available will be reviewed, with particular attention to their clinical effects, metabolism and excretion, and hemodynamic characteristics. Lastly, experimental evidence will be assessed regarding the best strategies for treatment of pain and agitation in the CTICU, including use of non-pharmacologic adjuvants.

Behavioral Economics and Tort Law

2014 ◽  
pp. 404-437
Author(s):  
Yoed Halbersberg ◽  
Ehud Guttel
Keyword(s):  
Tort Law ◽  
Future Research ◽  
Tort Liability ◽  
Vicarious Liability ◽  
Behavioral Studies ◽  
Wide Range ◽  
Tort System ◽  
Pain And Suffering ◽  
Large Groups ◽  
People’S Perceptions

The chapter discusses the contributions of cognitive psychology and behavioral studies to the research of tort law. These contributions, we show, relate to a wide range of issues in torts: from the basic decision to impose tort liability, through the choice between liability rules, to specific rules and remedies. Accordingly, behavioral studies are of particular significance for the analysis of the tort system. The literature review focuses on contributions made to three key elements of tort law: the choice between liability regimes; the choice between tort liability and regulation (including the choice between harm-based and risk-based liability); and damages (in particular, punitive damages and damages for pain and suffering). The chapter also offers two new avenues for future research: vicarious liability and people’s perceptions of the variability among large groups of tort victims.

scholarly journals Nemajetková újma při ublížení na zdraví a její vyrovnání prospěchem (compensatio lucri cum damno)

2021 ◽  
Vol 29 (1) ◽  
pp. 27-53
Author(s):  
Ivo Smrž ◽  
Tomáš Doležal
Keyword(s):  
Tort Law ◽  
Case Law ◽  
Social Position ◽  
Personal Injury ◽  
Pain And Suffering ◽  
Judicial Opinions ◽  
Austrian Case

The article focuses on the tort law concerning the deduction of benefits from damages for personal injury (compensatio lucri cum damno), i.e. in the Czech law in relation to the compensation for pain and suffering, deteriorated social position and other non-pecuniary harm. At first, the article deals in general with problematic aspects associated with benefit deduction from damages for personal injury. This will be followed by an analysis of the various doctrinal and judicial opinions and the criteria according to which the relevant cases could be assessed and solved, including the available (German and Austrian) case law. The conclusion of the article will be aimed at typical groups of cases in connection with the relevant criteria for their assessment.

How do memory modules differentially contribute to familiarity and recollection?

2019 ◽  
Vol 42 ◽  
Author(s):  
Olya Hakobyan ◽  
Sen Cheng
Keyword(s):  
Recognition Memory ◽  
Experimental Evidence ◽  
Subjective Experience ◽  
Target Article ◽  
Memory Modules ◽  
Familiarity And Recollection ◽  
Memory Contents

Abstract We fully support dissociating the subjective experience from the memory contents in recognition memory, as Bastin et al. posit in the target article. However, having two generic memory modules with qualitatively different functions is not mandatory and is in fact inconsistent with experimental evidence. We propose that quantitative differences in the properties of the memory modules can account for the apparent dissociation of recollection and familiarity along anatomical lines.

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