Medical Malpractice Appeals in a Civil Law System: Do Administrative and Civil Courts Award Noneconomic Damages Differently?

How do courts award noneconomic damages? Does it matter if the state is the defendant? This article addresses these questions in the context of medical malpractice appeals to the Spanish Supreme Court. Moreover, this study provides the first empirical analysis of the quantification of noneconomic damages in medical malpractice cases in administrative courts, where the state is the defendant, and in civil courts. This separation of jurisdictions is a common feature in civil law tradition countries. Yet, critics of this separation in general, and specialized courts in particular, argue that parties might be subject to different treatments and that similar cases might reach different outcomes, namely in terms of the quantification of damages. A consistent result of this paper is that no significant differences between noneconomic damages in civil and administrative appeals were found. The separation of jurisdictions does not necessarily imply that courts reach different outcomes, even when the state is the defendant. Citizens should not refrain from bringing their claims forward against the state, a more powerful party. In the current era of increasing juridification and judicialization of modern life (Ginsburg 2009; Hirschl 2006; Hirschl 2011), it is crucial for society that citizens and other parties litigating with the state are not disadvantageously treated.     

Population frequency for the short tandem repeat loci D18S849, D3S1744, and D12S1090 in Caucasian-Mestizo and African descent populations of Colombia

Blood samples from 489 unrelated Caucasian Mestizo and 252 individuals of African descent in Colombia were amplified and typed for three short tandem repeat (STR) markers (D12S1090, D3S1744, and D18S849). All markers conformed to Hardy-Weinberg equilibrium expectations in both populations studied. In addition, heterozygosity, mean exclusion chance, polymorphism information content, discrimination power, and the assumption of independence within and between loci were determined. The mean exclusion chance for all three STR markers is 0.9750 in the Caucasian Mestizo population and 0.9731 in the African Colombian Population. The discrimination power is 0.999925 and 0.999911 in the Caucasian Mestizo and African Colombian respectively.     

Teenage pregnancy and neonatal behavior: Effects in Puerto Rico and Florida

The purpose of this study was to examine the relationship between neonatal behavior and prenatal and perinatal risk factors in infants of teenage and older mothers in Puerto Rico and Mainland United States. The sample included approximately 300 newborn infants;half were examined in Puerto Rico, the other half in Florida, using the Brazelton Neonatal Behavioral Assessment Scale. Comparisons by maternal age and the number of obstetrical complications showed that for the Puerto Rican group, infants with fewer obstetrical complications were better able to regulate their crying and active states. Infants of teenage mothers with fewer complications had a higher level of arousal than infants of older mothers with fewer complications. Infant behavior in the Mainland sample did not vary by maternal age or complications. Multiple regression analysis indicated that the combination of biomedical variables significantly predicted neonatal behavior in both cultures. Mother's age was not separately correlated with neonatal behavior, but was repeatedly combined with other variables in the significant regressions. The findings suggest that infants of teenage mothers may differ from infants of older mothers, particularly in the organization of state behavior, and that the effects of maternal age on neonatal behavior are increased in the presence of biological outcome factors.This article is based on a final report to the NICHD Center for Population Research, Contract N01-HD-7283.Received Ph.D. from Michigan State University. Main research interests are determinants of neonatal and infant development, assessment of preterm and at risk infant.Received Ph.D. from Harvard University. Main research interests are sociocultural aspects of development, teenage pregnancy, infant temperament and psychophysiology.Received M.A. from University of Florida. Main research interests are prenatal and prenatal factors on development, maternal obstetric medication, and behavioral teratology.     

Determination of Inorganic Ion Profiles of Illicit Drugs by Capillary Electrophoresis

A portable capillary electrophoresis instrument with dual capacitively coupled contactless conductivity detection (C⁴D) was used to determine the inorganic ionic profiles of three pharmaceutical samples and precursors of two illicit drugs (contemporary samples of methylone and para‐methoxymethamphetamine). The LODs ranged from 0.10 μmol/L to 1.25 μmol/L for the 10 selected cations, and from 0.13 μmol/L to 1.03 μmol/L for the eight selected anions. All separations were performed in less than 6 min with migration times and peak area RSD values ranging from 2 to 7%. The results demonstrate the potential of the analysis of inorganic ionic species to aid in the identification and/or differentiation of unknown tablets, and real samples found in illicit drug manufacture scenarios. From the resulting ionic fingerprint, the unknown tablets and samples can be further classified.     

Police Personnel Affective Profiles: Differences in Perceptions of the Work Climate and Motivation

The affective profile model was used to investigate individual differences in police personnel perceptions about the working climate and its influences on motivation. The Positive Affect, Negative Affect Schedule (PANAS) was used to assign police personnel, sworn and non-sworn (N = 595), to four affective profiles: self-fulfilling, low affective, high affective, and self-destructive. The work climate was assessed using the Learning Climate Questionnaire (Management Relations and Style, Time, Autonomy and Responsibility, Team Style, Opportunities to Develop, Guidelines on How to do the Job, and Contentedness). Motivation was evaluated using a modified version (to refer specifically to the individual’s work situation) of the Situational Motivation Scale (intrinsic motivation, external regulation, identified regulation, and amotivation). Self-fulfilling individuals scored higher on all work climate dimensions compared to the other three groups. Compared to low positive affect profiles, individuals with profiles of high positive affect scored higher in intrinsic motivation and identified regulation. Self-destructive individuals scored higher in amotivation. Different aspects of the work climate were related to each motivation dimension among affective profiles. Police personnel may react to their work environment depending on their affective profile. Moreover, the extent to which the work influences police personnel’s motivation is also related to the affective profile of the individual.     

Avoidable causes of death and their effects on life expectancy. A socio-demographic interpretation. The case of the northern frontier, 1980-1990

"This study forms part of [a] research project on the health-disease-death process along the [Mexican] Northern Frontier--a by-product of the socio-economic structure of a specific social formation that determines disease and death--to support regional and sectorial design of policies and actions for the improvement of health conditions for its population.... An important finding is a 4.1 year increase of life expectancy due, among other causes, to a slight decrease in avoidable death causes, although these still produce about 50% of deaths." (SUMMARY IN ENG)     

Beyond asymmetry: cooperation,conflict and globalisation in Mexico-China relations

Abstract

Academic commentary has long emphasised the asymmetry in Mexico-China relations. In particular, much attention has focussed since the early 1990s particularly from the Mexican side on the economic imbalance in trade and investment that has become and remains acute with the expansion of the economy of the People's Republic of China. This is though far from the only sense in which the relationship between the two countries is asymmetrical. There is also a severe imbalance in the relative importance of politics and economics as determinants of this relationship for both China and Mexico. The Mexican Government seems to be more concerned with its economic relationship with China. In contrast, the PRC Government seems more concerned with its political relationship with Mexico. Moreover, there is a further asymmetry in the respective significance that each appears to have to the other as a partner. Mexico plays a small role in China's outlook but China looms large in Mexico's worldview. Identification of a number of cross-cutting asymmetrical relationships suggests that a bilateral perspective may not be the most effective for understanding the interaction or potential interaction between Mexico and China. On the contrary, there is more logic to the elements of cooperation and conflict between Mexico and China when their relationship is viewed in the wider, multilateral context of globalisation.     

Indeterminacy,Ideology and Legitimacy in International Investment Arbitration: Controlling International Private Networks of Legal Governance?

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - This article connects the insights of post-realist scholarship about radical indeterminacy and...