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M G Gilfix 《American journal of law & medicine》1984,10(1):31-90
Electronic fetal monitoring (EFM) has been criticized as ineffective, unsafe and costly. Despite existing controversy regarding the risks involved in using EFM, this monitoring procedure continues to be widely employed. In many jurisdictions, in fact, the use of EFM during labor may be considered the customary practice. This Article analyzes the medical and legal issues arising from a physician's use of or failure to use EFM. The Author argues that EFM subjects the mother and the fetus to risks which may be avoided if auscultation, a less intrusive monitoring technique, is employed. The "customary practice" standard of care, the ordinary negligence standard of care, and the "best judgment" and "duty to keep abreast" standards of care are compared and applied to the physician's decision to use EFM. The Author contends that physicians who employ auscultation may not be liable for failing to use EFM; however, physicians who use EFM despite the evidence of its risks may be liable for failing to "keep abreast" or to use their "best judgment" or for negligence. Finally, the Author contends that both physicians and their patients are best protected when the physician elicits the mother's informed consent to employ a particular monitoring technique during labor. 相似文献
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《Justice Quarterly》2012,29(3):353-361
Our study examines the prevalence and consequences of criminal victimization in a quota sample of homeless adults. This already besieged population experienced considerably higher rates of victimization than the general population and those in poverty. A majority of homeless victims could not identify their offender and were the victims of a violent crime. Although we found clear differences between the homeless and the comparison populations in the victimization episode, our results also suggest significant differences between homeless victims and homeless nonvictims. Victims had higher incomes and a greater fear of the streets, were more depressed, had a history of mental hospitalization, and experienced more physical symptoms. Finally, victimization was not a significant predictor of homeless persons' depression and mastery in our sample, unlike the cases of other, more specific samples and the general population. We argue that homelessness may be such an overwhelming life circumstance that single life events and their effect on mental health are masked by this ultimate state of victimization. 相似文献
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正确认识电子合同的效力 总被引:3,自引:0,他引:3
我国《合同法》认可电子合同的合法性之后,人们普遍以为我国电子商务已经立法,最近,更有一些文章认为“扩大”传统贸易的签名和证据认定,电子合同的法律效力就自然成立,“利用电子合同开展贸易就可以真正进入实施阶段了”(见2000年6月16日《国际商报》第5版《电子合同效力问题之探析》)。然而,我国电子合同的合法性是建立在“书面形式”这一特定条件的基础上的,其法律效力,在传统“书面”交易规范未移植到网络交易或网络交易未建立与传统法律价值相近的规范体系之前,如要实施,除了造成不合理不公正之外,恐怕难有更好的结果。 一、形式等… 相似文献
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Penny Snow 《International Review of Law, Computers & Technology》1999,13(3):405-413
This article discusses what the electronic monitoring of offenders involves and the use that is now being made of electronic monitoring within the criminal justice system in England and Wales. 相似文献
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