Liability for Exposure to Risk without Actual Harm

2017 ◽  
Author(s):  
Ramsi Woodcock
Keyword(s):  
Actual Harm

scholarly journals How effective are electronic medication systems in reducing medication error rates and associated harm among hospital inpatients? A systematic review and meta-analysis

2020 ◽  
Author(s):  
Peter J Gates ◽  
Rae-Anne Hardie ◽  
Magdalena Z Raban ◽  
Ling Li ◽  
Johanna I Westbrook
Keyword(s):  
Systematic Review ◽  
Medication Error ◽  
Medication Errors ◽  
Meta Analysis ◽  
Error Rates ◽  
Prescribing Error ◽  
Before And After ◽  
Actual Harm ◽  
Computer Based ◽  
Wide Scale

Abstract Objective To conduct a systematic review and meta-analysis to assess: 1) changes in medication error rates and associated patient harm following electronic medication system (EMS) implementation; and 2) evidence of system-related medication errors facilitated by the use of an EMS. Materials and Methods We searched Medline, Scopus, Embase, and CINAHL for studies published between January 2005 and March 2019, comparing medication errors rates with or without assessments of related harm (actual or potential) before and after EMS implementation. EMS was defined as a computer-based system enabling the prescribing, supply, and/or administration of medicines. Study quality was assessed. Results There was substantial heterogeneity in outcomes of the 18 included studies. Only 2 were strong quality. Meta-analysis of 5 studies reporting change in actual harm post-EMS showed no reduced risk (RR: 1.22, 95% CI: 0.18–8.38, P = .8) and meta-analysis of 3 studies reporting change in administration errors found a significant reduction in error rates (RR: 0.77, 95% CI: 0.72–0.83, P = .004). Of 10 studies of prescribing error rates, 9 reported a reduction but variable denominators precluded meta-analysis. Twelve studies provided specific examples of system-related medication errors; 5 quantified their occurrence. Discussion and Conclusion Despite the wide-scale adoption of EMS in hospitals around the world, the quality of evidence about their effectiveness in medication error and associated harm reduction is variable. Some confidence can be placed in the ability of systems to reduce prescribing error rates. However, much is still unknown about mechanisms which may be most effective in improving medication safety and design features which facilitate new error risks.

scholarly journals Can Trademark Infringement Be a Victimless Crime? The Stone Creek v. Omnia Case

2018 ◽  
Vol 1 (2) ◽  
pp. 41
Author(s):  
Doug Bania
Keyword(s):  
Social Media ◽  
Consumer Survey ◽  
Internet Search ◽  
Trademark Infringement ◽  
Actual Effect ◽  
Actual Harm

This article examines a case in which the defendants had made unauthorized use of the plaintiff’s trademark but were nonetheless able to successfully defend themselves against the awarding of monetary damages. As it shows, to claim damages, trademark holders must demonstrate actual harm to their reputation or loss of potential profits. It describes the methods used by the author to determine the actual effect of the infringement, which included analyzing information regarding the defendants’ intentions and the parties’ industry and the findings of a consumer survey and of Internet search and social media analytic tools. The article argues for the importance of understanding the particularities of a given case and marketplace and the utility of readily available and inexpensive Internet analytic tools.

Part III Conceptual Pillars, Ch.16 Harm Prevention

2021 ◽  
Author(s):  
Brunnée Jutta
Keyword(s):  
Environmental Law ◽  
Environmental Harm ◽  
Due Diligence ◽  
International Environmental Law ◽  
Significant Harm ◽  
Actual Harm ◽  
The Face ◽  
Harm Prevention ◽  
The Relationship

This chapter addresses how international environmental law originates from and revolves around the harm prevention rule. It focuses on three points of contention, each related to the role of due diligence in harm prevention, and each highlighted by recent judicial engagements with the harm prevention rule. First, it is generally accepted that a state's obligation to prevent environmental harm is not absolute, but requires due diligence in the face of risk of significant harm. However, it is unclear whether a failure to act diligently to avert harm on its own—absent actual harm—can amount to a breach of the harm prevention rule. Second, the relationship between the procedural and substantive dimensions of the harm prevention rule remains ambiguous. Third, there is some uncertainty as to where the line runs between the harm prevention obligation and the precautionary principle, given the focus of both notions on risk. These inter-related conceptual questions affect the harm prevention rule's function as a reference point for international environmental law.

scholarly journals Examining Professionals’ Critical Thinking about Children Who Pose a Serious Threat to Others

2020 ◽  
Vol 50 (2) ◽  
pp. 598-615
Author(s):  
Gavin Heron ◽  
Claire Lightowler
Keyword(s):  
Critical Thinking ◽  
Professional Group ◽  
Vulnerable Children ◽  
Potential Harm ◽  
Analytical Skills ◽  
Actual Harm ◽  
Harm To Others ◽  
Child Care Professionals ◽  
The Way

Abstract Concerns have been raised about the quality of child-care professionals’ critical thinking and analytical skills. This study examines the critical thinking demonstrated by professionals when discussing risk in relation to vulnerable children. Data were collected from thirty consultation meetings, each of which focused on assessing the risks of a child who presented a serious threat of harm to others. Discourse analysis is used to examine the way in which critical thinking about risk is discussed at the consultation meetings. The findings suggest that critical thinking is demonstrated by professionals in ways that differentiate between potential harm and actual harm, and in relation to harm children pose to themselves and to other people. Also, the willingness of professionals to ask relevant questions and challenge each other is an important way of prompting individuals to demonstrate critical thinking. However, professionals tend to demonstrate a relatively narrow conceptualisation of critical thinking. This narrow conceptualisation cannot be reduced solely to the abilities or traits of an individual or professional group and it is argued that the bureaucratic and procedural demands of organisations in relation to vulnerable children may be an important factor in limiting the way professionals demonstrate critical thinking.

Harmful Drinking and Alcohol Dependence

2011 ◽  
Vol 4 (11) ◽  
pp. 640-650 ◽  
Author(s):  
Angela Robinson
Keyword(s):  
Disease Burden ◽  
Adult Population ◽  
Well Being ◽  
Evidence Based ◽  
Primary Care Population ◽  
Harmful Alcohol ◽  
Actual Harm ◽  
Health And Well Being ◽  
Global Disease Burden ◽  
Alcohol Dependent

Consumption of alcohol has been an integral part of society since Neolithic times. Harmful alcohol use accounts for 4% of the total global disease burden. The annual estimated cost to the National Health Service (NHS) alone is £2.7 billion. Around 24% of the adult population in UK consumes alcohol to levels that are associated with potential or actual harm to their health and well-being, while 9% of men and 4% of women aged 16–74 years are alcohol dependent. This article seeks to address the identification, assessment and evidence-based management of harmful and dependent drinkers in the adult primary care population.

Exemplary damages in the English law of tort

Legal Studies ◽  
1990 ◽  
Vol 10 (2) ◽  
pp. 182-200
Author(s):  
P. R. Ghandhi
Keyword(s):  
Common Law ◽  
Personal Injury ◽  
Monetary Value ◽  
Actual Harm ◽  
Subjective Element ◽  
English Law ◽  
False Imprisonment

At common law, the primary remedy for a successful plaintiff in an action in tort is an award of damages. The plaintiff must be put in the position in which he was before the tort was committed so far as money can do this. In many actions the principle of restitutio in integrum is a sufficient guide to the quantum of damages. But, in other cases, for example, actions for damages for personal injuries or defamation, a highly subjective element is involved. Neither personal injury nor loss of reputation is easily convertible by the use of any yardstick into an exact monetary figure.In some cases, the damages are said to be ‘at large’. This signifies that the award is not limited to the pecuniary loss that can be precisely proved. Where damages are ‘at large’, as they are, for example, in assault, false imprisonment or malicious prosecution, trespass and defamation, they may be conveniently divided into three separate elements. First, there is the compensation for the actual harm caused to the plaintiff by the defendant; in addition to any pecuniary loss specifically proved, the assessment will involve putting a monetary value on the physical hurt in assault, on curtailment of liberty in false imprisonment or malicious prosecution, on injury to reputation in defamation and on inconvenience and disturbance in trespass.

scholarly journals Opioid substitution treatment and disasters: perspectives from Aotearoa New Zealand

2021 ◽  
Author(s):  
Denise Blake
Keyword(s):  
Risk Management ◽  
New Zealand ◽  
Disaster Risk ◽  
Disaster Risk Management ◽  
Substitution Treatment ◽  
Opioid Substitution Treatment ◽  
Aotearoa New Zealand ◽  
The People ◽  
Actual Harm ◽  
Opioid Substitution

In Aotearoa New Zealand, disaster risk management (DRM) aspires to protect the lives and livelihoods of people and places. It does this by encouraging people and communities to be disaster ready, while ensuring reduction of potential and actual harm from a disaster, responding immediately and directly following a disaster, and recovering so that there is ongoing regeneration and resiliency for the people and communities impacted by a disaster.

scholarly journals A Path from Collective Threat to Eudaimonia: Mediating Role of Awe

2020 ◽  
Author(s):  
Masataka Nakayama ◽  
Yukiko Uchida
Keyword(s):  
Natural Disasters ◽  
Meaning Making ◽  
Well Being ◽  
Catastrophic Events ◽  
Mediating Role ◽  
Actual Harm ◽  
Control Event ◽  
Early Phases

How do people react to collective threats such as natural disasters or the COVID-19 pandemic? Magnificent catastrophic events might have an impact on emotions of not only those who experienced direct harm from it but also those who feel threat without actual harm. The current study demonstrated that such threat enhances self-transcendent values that further leads to general well-being, mediated by the emotion of awe. Two surveys were conducted immediately after a severe typhoon hit Japan (Study 1) and during the early phases of the COVID-19 spread in Japan (Study 2). Predisposition to feel negative awe predicted participants’ attention to both collective threat events, which led to an affirmation of self-transcendent values and general well-being. Furthermore, when participants were asked to recall a collective threat (vs. control event), they felt more awe which led to more engaged meaning making during the event, in turn predicting their affirmation of self-transcendent values.

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