论瑕疵器官移植的损害赔偿责任

瑕疵器官移植所产生的损害赔偿责任问题是各国器官移植过程中都可能会遇到的一个棘手问题。学术界存在"医疗特殊责任说"与"产品责任说"两种学说。在这一问题上,应当以过错责任原则为基准,依据不同的情况分别判断瑕疵器官移植损害赔偿责任的主体。但毋庸置疑,由于人体器官移植具有不同于普通医疗行为的特殊性,在该问题上不适用也不应当适用产品责任方面的理论与规则。     

Umbilical cord blood banking and its interruptions: notes from Chennai,India

Abstract

What is the relationship between globalization and the body? In both scholarly discourse and everyday practice, the relationship between globalization and the body has been understood through the idea of accumulation – the intensified and interlinked pursuit of health and wealth. Through an examination of private umbilical cord blood banking in south India, this paper investigates the interplay of accumulation and its interruption in Indians' uptake of this practice. Although Chennai-based bankers, doctors and parents explain the recent surge in popularity for cord blood banking in the city in terms of interlinked financial and familial accumulation, investment and security, Indians' cultural and religious conceptions of the latent power of the placenta and cord often work against cord blood banking marketers' neat account of twinned economic and familial accumulation. Analytic attention to interruption highlights the tensions within and precariousness of the accumulation at the heart of the relationship between globalization and the body.     

Undermining cooperation: donor-patrons and the failure of political conditionality

This study extends the debate concerning the feasibility of using foreign assistance to leverage political reforms in developing countries. This research combines both quantitative and qualitative methodologies in an effort to expand on the work done by previous scholars. Conclusions of the empirical analysis point to the finding that political conditionality is most effective when close cooperation exists between donors. This coordination, however, is frequently sabotaged by self-interested donor-patrons, illustrated by the case of Cameroon and France. This pattern is generalizable and significantly undermines the overall success rate of a political conditionality approach.     

Lifting Bloody Footwear Impressions Using Alginate Casts Followed by Chemical Enhancement

A method for lifting bloody footwear impressions using alginate casts and enhancing the lifted impressions with amido black is presented. On rough or dark substrates, background interferences may conceal significant details of footwear impressions. Illumination with alternative light sources and chemically enhancing the bloody footwear impressions may reveal additional details, but sometimes, lifting footwear impressions prior to enhancing is the only way to expose hidden details (by using blood reagents not adequate on the original). Several cast formulations were tested for lifting the footwear impressions. The best results were achieved using Aroma fine^®. Enhancement of the footwear impressions was attempted with several reagents prior to lifting, during the casting process, and on the lifted footwear impressions. Applying amido black to footwear impressions lifted with alginate produced the sharpest and most detailed footwear impressions. Alginate castings followed by chemical enhancement with amido black may produce high‐quality footwear impressions for comparison.     

Accuracy and Usefulness of the AVOXimeter 4000 as Routine Analysis of Carboxyhemoglobin

The measurement of blood carboxyhemoglobin (CO‐Hb) is important to determine the cause of death. The AVOXimeter 4000 (AVOX), a portable CO‐oximeter, has the advantages of a low purchase price and operating cost, ease of operation, and rapid results. Little information is available on the usefulness of AVOX in the forensic sample, and the previous study investigated only six samples. Therefore, in this study, we confirmed the usefulness of the AVOX through a comparison of its re s ults with data previously obtained using the double wavelength spectrophotometric method in autopsies. Regression analysis was performed between CO‐Hb levels measured by the AVOX and those measured by the conventional double wavelength spectrophotometric method in postmortem blood samples: a significant correlation was observed. This study suggests the usefulness of the AVOX to analyze postmortem blood, and the AVOX is suitable for routine forensic analysis and can be applied at the crime scene.     

Deaths Involving Methylenedioxypyrovalerone (MDPV) in Upper East Tennessee

Two deaths involving 3, 4‐methylenedioxypyrovalerone (MDPV) are reported. MDPV is a synthetic cathinone stimulant found in “bath salts” with neurological and cardiovascular toxicity. Biological specimens were analyzed for MDPV by GC/MS and LC/MS. A White man was found dead with signs of nausea and vomiting after repeatedly abusing bath salts during a weekend binge. Femoral venous blood and urine had MDPV concentrations of 39 ng/mL and 760 ng/mL. The second fatality was a White man with a history of drug and bath salt abuse found dead at a scene in total disarray after exhibiting fits of anger and psychotic behavior. Femoral venous blood and urine had MDPV concentrations of 130 ng/mL and 3800 ng/mL. The blood and urine MDPV concentrations are within the reported recreational concentration ranges (blood 24–241 ng/mL and urine 34–3900 ng/mL). Both decedents’ deaths were attributed to relevant natural causes in a setting of MDPV abuse.     

The Differentiation of Menstrual from Venous Blood and Other Body Fluids on Various Substrates Using ATR FT‐IR Spectroscopy

Crime scene investigators and laboratory analysts use chemical tests to detect and differentiate body fluids. Testing often requires a sample of the stain, and the chemicals may cause degradation of the fluid or interfere with subsequent tests. Colorimetric chemical tests do not differentiate between different types of the same fluid, such as venous and menstrual blood, and there is no presumptive test available to simultaneously differentiate several body fluids. In this study, we recorded ATR FT ‐IR spectra of venous and menstrual blood, semen, saliva, and breastmilk. Neat and simulated casework body fluid samples were analyzed on cotton, nylon, wood, paper, and glass substrates. Differences in fluid composition, including proteins and small molecules, resulted in spectral differences. Venous and menstrual blood is differentiated by the peak at 1039 cm^?1 attributed to phosphoric acid found in menstrual blood. Peak intensity is influenced by the porosity and weave of the substrate fabric.     

血液中乙醇检验全自动体系的建立

目的建立血液中乙醇含量检验的自动化体系。方法采用自动化工作站提取-顶空气相色谱检验。在自动化工作站提取中,对负压采血、顶空瓶密封时间、取样针进行考察优化,并对自动取样和手工取样进行比较。结果乙醇的自动化工作站提取-顶空气相色谱检验的定量分析数据稳定,两份平行样品相对相差小于5%,优于手工提取。乙醇含量在0.1~3.0 mg/m L范围内线性关系良好(r≥0.999),重现性好。结论该方法具有操作简单快捷、实验流程更加规范、实验数据更加准确、消除人工操作误差、重现性好等特点,可广泛应用于血液中乙醇定性定量的检验鉴定。     

The relationship of methanol and formate concentrations in fatalities where methanol is detected

An automated headspace gas chromatography method was developed for the determination of formate (formic acid) in postmortem specimens, based on the in situ sulfuric acid-methanol methylation of formic acid to methyl formate. Diisopropyl ether was used as an internal standard. The method was applied to over 150 postmortem cases where methanol was detected. Of the 153 cases presented, 107 deaths were attributed to acute methanol toxicity. In the vast majority of the remaining 46 deaths, the methanol was determined to be present as a postmortem or perimortem artifact, or was otherwise incidental to the cause of death. Of the 76 victims who were found dead and blood was collected by the medical examiner, all but one had a postmortem blood formate concentration greater than 0.50 g/L (mean 0.85 g/L; n = 74). The sole exception involved suicidal ingestion of methanol where the blood methanol concentration was 7.9 g/L (790 mg/100 mL) and blood formate 0.12 g/L. In 97% (72/74) of the cases where blood was available, the blood formate was between 0.60 and 1.40 g/L. In 31 of the 153 cases, the victim was hospitalized and blood obtained on admission or soon after was analyzed for methanol and formate during the subsequent death investigation; the vast majority (27/30) had antemortem blood formate concentrations greater than 0.50 g/L. Cases with samples taken prior to death with blood formate concentrations less than 0.5 g/L can readily be explained by active treatment such as dialysis. The blood formate method has also been useful in confirming probable perimortem or postmortem contamination of one of more fluids or tissues with methanol (e.g., windshield washer fluid or embalming fluid), where methanol ingestion was unlikely.     

血液中乙醇保存稳定性研究

目的确定血液中乙醇最佳保存条件,探讨影响血液中乙醇含量稳定性的主要因素。方法对血液保存的温度(-20、4、20℃)、防腐剂(NaF、无防腐剂、Na2O2)、储存容器中空气所占比例(0%、25%、50%)和血醇质量浓度(0.2、0.8、2.0mg/mL)四个因素采用正交试验L9(34)方法分组,样本采用顶空气相色谱法进行测定,测定结果采用方差分析进行讨论。结果在20℃保存且不加入防腐剂的两组样本中血醇浓度变化明显,其余变化不明显。结论血液样本在4℃、储存容器中空气比例为50%和加防腐剂(NaF)的条件下保存,稳定性最佳;四个影响因素中温度为影响血液中乙醇含量稳定性的主要因素。