患者死亡医疗纠纷司法鉴定24例分析

目的探讨涉及患者死亡医疗纠纷的过错成因,分析其司法鉴定的切入点。方法收集了涉及患者死亡且多次鉴定的医疗纠纷案例24例,从一般情况、科室分布、责任程度划分以及差错分析等方面进行了总结和分析。结果此类案例在技术方面存在患者自身疾病隐匿、接诊部门处理过程简单、科室之间配合不力、紧急情况下措施不果断等问题。此外,告知义务的履行、转诊时机把握以及常备抢救设施的维护等管理方面漏洞也是医疗纠纷的多发环节。结论本文可为进行此类医疗纠纷的司法鉴定提供帮助,也为避免纠纷的发生提供参考。     

我国宪法的司法适用性：相关司法解释评析

我国目前至少有四个司法解释涉及宪法的司法适用问题 ,其中 ,195 5年司法解释并没有排除宪法在诉讼中适用的可能性 ;1986年司法解释排除了宪法在诉讼中适用与引用的可能性 ,是违宪的 ,应予以废除 ;1988年司法解释与 2 0 0 1年司法解释以特有的方式确认了宪法的司法适用 ,成为我国宪法司法适用的法律依据。我国宪法的司法适用需要宪法解释制度的进一步完善。     

The death throes of the Licensing Act and the ‘funeral pomp’ of Queen Mary II, 1695

A few weeks before the Licensing Act finally lapsed in May 1695, the Court of Chivalry heard three cases relating to the publication of ‘unauthorised’ prints of the ‘funeral pomp’ of Mary II. In one of these, a leading London publisher of prints, John Overton, was ordered to deliver up the plates from which his print of the queen's lying in state had been made, along with all copies of the print, despite the fact that the Licensing Act did not apply to prints sold separately and the Court of Chivalry had in any case no jurisdiction to enforce press control. Brief records of the cases survive in the College of Arms. This paper sets out to explain and interpret these fragments against the background of the last days of pre-publication censorship in England. Press licensing is first examined with reference to the press coverage following the death of the queen.     

Sudden death after a cold drink: case report

We report a case of sudden cardiac death in a 12-year-old boy after rapid ingestion of a frozen slurry drink. The cause of death was determined to be a cardiac arrhythmia secondary to a previously undiagnosed cardiac rhabdomyoma with associated myocardial scarring. Ingestion of cold liquids has been associated with syncope, but not sudden cardiac death. In this case, bradycardia induced by cold-induced vasovagal reflex may have precipitated the terminal arrhythmia. Ingestion of cold liquids should be considered a potential trigger for fatal cardiac arrhythmias in patients with underlying heart disease.     

Overdose and death with olanzapine: two case reports

Olanzapine is an antipsychotic drug that has been on the market since 1996. Olanzapine-related deaths are very rare; the literature reports only one. However, in a recent 5-month period one medical examiner's office found two such cases that are reported in this paper. One is a suicide and the other is not. The toxicologic and anatomic findings for each are described. Blood olanzapine concentrations ranged from 0.237 microg/ml for one to 0.675 microg/ml for the other. Gastric content concentrations also exhibited a wide range, varying from 0.197 microg/ml to 17.400 microg/ml for the other. Distribution studies of the liver, kidney, and brain produced nondetectable concentrations for the drug. There were no consistent pathologic anatomic findings for cause of death except for moderate coronary atherosclerosis in the nonsuicide case. Both deaths were attributed to olanzapine toxicity.     

Investigation of death through body writing: a case study

Various surfaces or substrates are often encountered in the examination of questioned writing; however, no writing is more interesting than that found on the human body nor more challenging when the writing in question is linked to a death investigation. The body of an 18-year-old male was brought to the State Crime Laboratory, Little Rock, Arkansas, with a gunshot wound to the head and several messages written on his arms and chest. This paper will discuss the examination of evidence used to determine the manner of death through a cooperative effort between the Medical Examiner's Section and the Questioned Document Section of the Crime Laboratory.     

An unusual case of double death

The report presents the case of an alleged double homicide or a homicide followed by suicide of a couple, in which the court-ordered autopsy of both victims revealed that the homicide had been committed by the husband immediately before he died himself from cardiac failure. The article gives a short summary of the pathophysiological relations between emotional tension (stress) and physical strain and the effects on the cardiovascular system. The case report describes a homicide by strangulation immediately followed by the perpetuator's death from a natural cause.     

Necessity and death: lessons from Latimer and the case of the conjoined twins

The availability of the defence of necessity in cases of homicide is a complex issue in both Canadian and British jurisprudence. This article examines the divergent judicial and academic views and argues that, while necessity may be available for certain kinds of homicide, it should be rejected as a legitimate defence to intentional killings. The author looks closely at two recent cases in which the question arose as to whether or not killing a human being is ever justifiable or excusable on the basis of necessity: the Canadian case of R. v. Latimer and the British case of Re A (Children). The author argues that the approach of the Latimer court is preferable, advancing this position from a number of angles. Underlying rationales for the defence of necessity in Anglo-Canadian jurisprudence are examined, as well as the conceptually similar defence of duress, both at common law and in s. 17 of the Criminal Code. Both of these points are reinforced and analyzed via a discussion of the sanctity-of-life principle in Canadian criminal law. The article makes clear the essential nature of the issues raised in both Latimer and Re A (Children), as they engage fundamental questions of value for our society.