Intentional torts claims in medical cases

Civil liability legislation enacted in each Australian jurisdiction following the Ipp Report recommendations created a clear divide between "negligence" and "intentional" torts. The common law action for trespass to the person is to varying extents maintained in the approaches taken by the State and Territory legislatures. This article explores the potential application of intentional torts claims in a medical context in light of recent case law. It identifies advantages for plaintiffs who plead intentional tort claims, including onus of proof, causation, remoteness, the quantum of compensatory damages and the availability of aggravated and exemplary damages.     

Childhood Abuse,Intrapersonal Strength,and Suicide Resilience in African American Females who Attempted Suicide

There is a significant association between childhood abuse and suicidal behavior in low-income African American women with a recent suicide attempt. Increasingly, empirical focus is shifting toward including suicide resilience, which mitigates against suicidal behavior. This cross-sectional study examines childhood abuse, intrapersonal strengths, and suicide resilience in 121 African American women, average age of 36.07 years (SD?=?11.03) with recent exposure to intimate partner violence and a suicide attempt. To address the hypothesis that childhood abuse will be negatively related to suicide resilience and that this effect will be mediated by intrapersonal strengths that serve as protective factors, structural equation modeling examined the relations among three latent variables: childhood abuse (measured via physical, sexual, and emotional abuse), intrapersonal strengths (assessed by self-efficacy and spiritual well-being), and suicide resilience (operationalized via the three components of suicide resilience—internal protective, external protective, and emotional stability). The initial measurement model and the structural model both indicated excellent fit. Results indicated that childhood abuse was negatively associated with intrapersonal strengths and suicide resilience, intrapersonal strengths were positively associated with suicide resilience, and intrapersonal strengths fully mediated the association between childhood abuse and suicide resilience. Thus, the results suggest a positive and protective influence of intrapersonal strengths on suicide resilience in the face of childhood abuse in suicidal African American women. The clinical implications and directions for future research that emerge from these findings are discussed.     

Book reviews

Electronic Contracting, Publishing, and EDI Law Michael S Baum and Henry H Perritt, Jr Wiley Law Publications 1991. ISBN Q 471 53135 9

The Law of Electronic Commerce: EDI, Fax and E‐Mail Technology, Proof and Liability Benjamin Wright Little, Brown and Company 1991. ISBN Q 316 95632 5 $95

Crime and the Computer Martin Wasik Oxford University Press 1991. ISBN 0 19 825621 3 £35

Broadcasting: the New Law Nicholas Reville Butterworths ISBN 0 406 001375 £16

Regulating the Media Thomas Gibbons Sweet and Maxwell ISBN 0 421 37450 0 £27.50

Legal Protection of Computer Software Ranald Robertson Longman 1991. ISBN 0 851 21684 6 £35

The Computerised Lawyer: a Guide to the Use of Computers in the Legal Profession Philip Leith Springer‐Verlag 1991.

Winning with Computers: Trial Practice in the 21st Century John C Tredennick Jr, Editor ABA Section on Law Practice Management 1991. ISBN 0 89707 658 3 $90

The Age of Information Stephen Saxby Macmillan 1990. ISBN 0 333 54832 9 £25

Computer Security: Hackers Penetrate DOD Computer Systems: Testimony before the Subcommittee on Government Information and Regulation, Committee on Governmental Affairs, United States Senate (A General Accounting Office Report) James Brock, Jr 1991. GAO/T‐IMTEC‐92–5

Computer Contracts Morgan and Stedman (4th Edition) Longman Commercial Series 1991. ISBN 0–85121–6854 £60     

Law Enforcement Advocate Program: An Interagency Collaboration to Enhance Community‐Police Relations and Improve Outcomes for Substance‐Using Offenders

Justice system involvement is highly correlated with substance‐use issues. Untreated, substance‐using offenders are likely to continue to use drugs, commit crimes, and pose a public safety risk. Strategies to address substance use in the criminal justice system often fall short in terms of integrating services and sustaining engagement among high‐risk adult and juvenile populations. Law enforcement can help to bridge identified gaps by offering a community‐based solution to the interrelated challenges of substance use, crime, and recidivism for offenders. The Law Enforcement Advocate Program has been effective in improving probationer compliance and outcomes, facilitating problem solving and interagency coordination, and improving community‐police relations.     

Youth violence: an exploratory study of a treatment program in a central Illinois county

A local treatment provider has developed an OPTIONS program to prevent adolescent aggression. The program is designed for youths who displayed threatening or abusive behaviors, particularly toward family members. This study described the characteristics of juveniles and their families who were referred to the program and if the program participation helped reduce the severity of violence and improve the communication skills among program participants. Referrals came from law enforcement, juvenile court services, school resource officers, and parents. Information on 100 juveniles and their families were provided by the counselors of the program. The findings showed that a large percentage of juveniles came from unstable families with a family history of criminal convictions, substance abuse, or mental illness. Program participants showed an improvement in communication skills and reduction in their levels of dangerousness.