Causalité juridique et imputabilité médicale : l’incidence de l’approche juridique du lien de causalité sur la pratique expertale en droit de la réparation du dommage corporel

Traditionally, a “direct and certain” causal link was required between fault and harm in order to engage an individual's compensatory liability. However, upon reading case law, it is possible to note that causality no longer necessarily has to be either direct or certain. Indeed, although the presence of a previous condition long enabled the exclusion of a direct link between a harmful event and its aftereffects, the French Court of Appeal (Cour de Cassation) now considers that pathological predispositions must no longer be taken into account (in respect of an exclusion or a reduction in the right to compensation) if these were latent, and only revealed by the harmful event. Similarly, on occasion the plaintiffs support their claims with bundles of evidence and arguments that can but force magistrates to set aside the absence of absolute certainty on a scientific level. Presumptions of accountability have even been put forward in some areas of personal injury compensation (traffic accidents and workplace accidents). The conduct and content of forensic expertises are then disrupted, both for the expert and for the victim's lawyer.     

Re‐Member MOVE: The Anatomy of a Reconciliation

On May 13, 1985, Philadelphia city officials authorized the dropping of a bomb on a house in a residential neighborhood, killing 11 people of the MOVE organization—including five children—destroying 61 homes and rendering nearly 250 residents homeless. The years leading up to this tragedy involved multiple instances of police brutality, one of which resulted in the more than 40‐year incarceration of nine MOVE members (commonly known as the MOVE 9). In this first‐person account, we review literature on reconciliation and apologies, explore the value of reconciliation in community psychology, and reflect on our involvement as a reconciliation strategist and a community psychologist in initiating, developing and facilitating a reconciliation process. A model of iterative reconciliation as a creative multilevel and multipurpose tool relevant for community psychology is proposed. The reconciliation process began in September 2018 between key players involved with the MOVE organization and Philadelphia officials and community members and family and involved multiple community gatherings and conversations with many stakeholders. Ultimately, through the extensive reconciliation process, the authors facilitated the issuing of an apology on May 13, 2020 by the Council of the City of Philadelphia.     

Developmental progression in the confidence‐accuracy relationship in event recall: insights provided by a calibration perspective

The development of discrimination and realism was investigated in the event recall of 156 8‐year‐olds, 133 10‐year‐olds and 146 adults, using categorical confidence judgements. Target questions were either a mixture of misleading and unbiased (‘non‐bombardment’), or restricted to one question format (‘bombardment’). The confidence judgements of all age groups discriminated between incorrect and correct responses to unbiased questions, but with misleading questions, this ability was undermined in the children, particularly when ‘bombarded’. Calibration‐style analyses of unbiased questions revealed a systematic confidence–accuracy association across age and question mix for unbiased questions. For misleading questions, however, the absence of a drop in performance from intermediate to low confidence at all ages suggested relative underconfidence at the lowest confidence level. At high confidence levels, there was evidence of realistic congruence between confidence and performance in adults, but this was not the case in the 10‐year‐olds when bombarded with misleading questions, or in the 8‐year‐olds, regardless of bombardment. Exploratory analyses of question difficulty revealed poor calibration across ages for difficult unbiased questions, and in the 8‐year‐olds, even for easy unbiased questions when intermixed with misleading questions. Bombardment with difficult misleading questions further undermined children's calibration. Implications for the role of social and cognitive factors in the development of metacognitive monitoring are discussed. Copyright © 2006 John Wiley & Sons, Ltd.     

Tracking the acquisition of orthographic skills in developing readers: masked priming effects

A masked priming procedure was used to explore developmental changes in the tuning of lexical word recognition processes. Lexical tuning was assessed by examining the degree of masked form priming and used two different types of prime-target lexical similarity: one letter different (e.g., rlay-->PLAY) and transposed letters (e.g., lpay-->PLAY). The performance of skilled adult readers was compared with that of developing readers in Grade 3. The same children were then tested again two years later, when they were in Grade 5. The skilled adult readers showed no form priming, indicating that their recognition mechanisms for these items had become finely tuned. In contrast, the Grade 3 readers showed substantial form priming effects for both measures of lexical similarity. When retested in Grade 5, the developing readers no longer showed significant one letter different priming, but transposed letter priming remained. In general, these results provide evidence for a transition from more broadly tuned to more finely tuned lexical recognition mechanisms and are interpreted in the context of models of word recognition.     

A cross-cultural study of psychosocial aspects of sickle cell disease in the UK and Nigeria

Pain experience, health service utilization and psychological coping in adult patients with sickle cell disease were compared cross-culturally between the UK and Nigeria. Patients in the UK experienced a significantly greater number of pain episodes and of longer duration, with more frequent visits to accident and emergency departments compared with those in Nigeria. The Nigerian patients, on the other hand, applied more psychologically active coping strategies such as distraction to deal with their sickle cell pain in the community. These significant differences are explained in relation to external health locus of control factors including beliefs, and the cost of healthcare in relation to the use of health services. Clinical implications of these findings are also considered.     

Differences in feedback- and inhibition-related neural activity in adult ADHD

The objective of this study was to examine response inhibition- and feedback-related neural activity in adults with attention deficit hyperactivity disorder (ADHD) using event-related functional MRI. Sixteen male adults with ADHD and 13 healthy/normal controls participated in this study and performed a modified Go/NoGo task. Behaviourally, attention and inhibition problems in the ADHD group were observed; no feedback-related differences between the groups were detected. The neuroimaging data showed that the ADHD group displayed more activation in the inferior frontal gyrus and putamen during response inhibition. During feedback-related processes, the ADHD group displayed less activation in the inferior frontal/orbitofrontal cortex, hippocampus/nucleus accumbens, and caudate nucleus, but more activity in the inferior frontal gyrus. These results indicate that at least two distinguishable underlying brain networks related to response inhibition and feedback are altered in adults with ADHD.     

HIV, Cognition and Women

Although the incidence of HIV in the United States is higher among men compared to women, the global proportion of women versus men who are infected has been approximately 50% since the late 1990s. Women have been under-represented in neuropsychological studies of HIV. A small number of studies have reported a significantly higher prevalence of neurocognitive impairment among HIV+ women compared to HIV− controls regardless of symptom status and with or without an AIDS diagnosis. Impairment was most evident on psychomotor tasks. The risk of neuropsychological impairment was increased among HIV+ women not on antiretroviral therapy. Age and depressive symptoms also increase neurocognitive risk. New neurocognitive studies of ovarian steroid hormones, PTSD and other psychiatric conditions are critical for addressing potential female-specific aspects of HIV-Associated Neurocognitive Disorder. Such studies will also address questions regarding involvement of the hippocampus and verbal memory, which may be of particular significance among HIV+ women.

The Trauma and Complicated Grief of Ambiguous Loss

Ambiguous loss is a newly identified type of loss that occurs when a loved one is physically present, but psychologically absent. Dementia is just one example. Because the lost person is here, but not here, grief is frozen, life is put on hold, and people are traumatized. With no official verification of death, no possibility of closure, and no rituals for support, there is no resolution of grief (Boss 1999). Clergy, especially pastoral counselors, can witness and provide comfort for such uncanny loss because people rely on them for support, not just from the clear loss of death, but from the ambiguous losses, catastrophic and ordinary, that inevitably will occur across the life course.