Medico-legal assessment of malpractice under the Austrian penal code

In recent years, Austria has seen some change in the approach to errors in medical practice. The privileged position of the medical practitioner within the meaning of the former penal code, in force till 1974, no longer exists; however, errors leading to insignificant damage to the patient's health may remain free from punishment. In any case, nowadays, the categories of the dogmatics of negligence are applied to the doctor's professional activity. The traditional concept of 'malpractice' as formerly applied has virtually been displaced from the medico-legal assessment of an error in medical practice. The patient-doctor relationship based on trust is increasingly being supplemented by legal norms. Accordingly, the doctor's liability appears increasingly as the doctor's typical professional risk. Yet, in Austria, the doctor's liability is still kept within limits. The situation, with some cases in point, is analysed and described.     

Short wave therapy in diabetic prodromata

Short-wave therapy has been an established form of therapy for many decades and is unanimously regarded as harmless when properly applied. The possibility of burn injuries occurring is known, yet hardly any cases have been reported. In the case under review, a diabetic, after only a short treatment, suffered very severe burns that ultimately led to the amputation of three toes. Clinical and histopathological analysis established the presence of mediasclerosis of the large leg arteries as well as microangiopathy and peripheral neuropathy. These findings explained why, despite proper application of the short-wave therapy, severe complications arose that had so far not been observed. The findings are discussed from the medicolegal and histopathological view, with indications of the special type of physical trauma.     

The failure of immigration reform in Germany

After many years without substantial activity in immigration policy, the German Red–Green government which came to power in 1998 introduced an American-style Green Card and a new citizenship law. From these beginnings, the immigration reform campaign captured the public imagination, and for two years a broad spectrum of figures from German public life took part in a lively debate on the issue. A law was eventually adopted by parliament and promulgated in spring 2002, but – in the wake of a voting scandal in the Bundesrat – it was struck down by the Federal Constitutional Court weeks before its scheduled entry into force. This report recounts the story of the now defunct immigration law and seeks to shed valuable light on German politics by analysing what the key differences were that divided the main political parties.     

The five‐factor model and safety in the workplace: Investigating the relationships between personality and accident involvement

Two hundred and two undergraduate participants (134 female, 68 male) completed both the Revised NEO Personality Inventory (NEO‐PI‐R) and self‐report measures of prior workplace accident involvement. Significant inverse relationships were found between the factor of Agreeableness and the total reported number of work‐related accidents and between the factor of Conscientiousness and the total reported number of not‐at‐fault work‐related accidents alone, as well as the total reported number of work‐related accidents. Further, regression analyses indicate that both Agreeableness and Conscientiousness factors may be useful for predicting certain types of workplace accidents. Implications and potential future directions for research are discussed.     

La représentativé dans l'administration consultative

Abstract. In recent years consultative administration has undergone considerable development. It includes public agencies composed of experts and representatives of private interests. The author considers the notion of representativity and its effects both on consultative administration and on the relationship between the state and various groups. Representativity is assessed on the basis of the different modes of selection and appointment of advisory bodies. Through examples drawn from the Canadian and Quebec administrative systems, the author examines the possible consequences of representativity in consultative administration. These are grouped under three headings: representativity at the service of private interests, at the service of the consulting authority, and as a means of arriving at a consensus. The author makes it clear that the vagueness surrounding the notion of representativity is deliberate: it allows the state not merely to adapt to circumstances but to increase its means of intervention. Sommaire. L'administration consultative connait un développemcnt considérable depuis quelques années. Elle comprend des organismes publics composés d'expertset de représentants des intérêts privés. L'auteur étudie ici la notion de représentativité, et ses effets sur l'administration consultative ainsi que sur les relations entre l'Etat et les groupes. La représentativité est d'abord évalué selon les différents modes de sélection et de nomination des membres des organismes consultatifs. Puis, par des exemples choisis dans les systèmes administratifs canadien et québécois, l'auteur examine les conséquences possibles de cette représentativité en administration consultative. Ces conséquences sont regroupées sous trois rubriques: la représentativité au service des intérêts priviés, la représentativité au service de l'autorité consultante et la représentativité comme moyen de recherche d'un consensus. Une précision finale est apportée: le flou qui entoure la notion de représentativité est voulu: il permet à l'Etat non seulement de s'adapter aux circonstances mais encore d'accroître ses possibilités d'intervention.     

Clinical forensic examination findings and legal outcome in cases of suspected sexual child abuse

The clinical forensic examinations conducted at the Institute of Legal Medicine of the Hanover Medical School between 1999 and 2008 in cases of suspected sexual abuse of children were evaluated retrospectively and analysed with regard to their legal outcome. In total, the study included 223 children (172 girls, 51 boys) with a median age of 8.6 years. In 34 children (15.2%), forensically relevant diagnostic findings due to anogenital injury and/or detection of semen were recorded. Perpetrators were convicted more often when they were not a member of the victim's family. In cases with victims aged seven years or older, conviction was more common. The study shows that medical findings can best be preserved by an immediate clinical forensic examination. Suspected sexual child abuse can often not be proved by medical examination results, but in some cases diagnostic findings are not mandatory for conviction.