2002年:中国医疗纠纷处理的重大转折

2002年4月1日开始实施的《最高人民法院关于民事诉讼证据的若干规定》,要求医院对医疗行为与损害的因果关系和不存在医疗过错承担举证责任,一时间,医院对此忿忿不平,百姓对此拍手叫好,4月15日,期待已久的《国务院医疗事故处理条例》缍正式颁布,与1987年颁布的《医疗事故处理办法》相比有了重大改变,中国医疗纠纷的处理在2002年发生了重大转折,对此进行了详细分析,与大多数人的观点不同,认为前者恰恰对医院有利,而后者对医院更为严格。     

Evaluation Study of Lawyers' Satisfaction with Expert Witness Reports

This study attempted to evaluate the satisfaction of personal injury lawyers with expert witness reports from psychologists and psychiatrists. A questionnaire was sent to 514 civil litigation lawyers and 79 (15.4%) were completed. It was found that most lawyers were satisfied with reports and that there was no difference between the standard and quality of expert reports of psychologists and psychiatrists. Criticisms were limited and focussed on the cost, length and lack of clarity of some of the reports. These criticisms are discussed within the context of the reforms within the legal aid system and it is concluded that expert reports are perceived by lawyers as being reasonably good value for money.     

Conditions for factor (in)determinacy in factor analysis

The subject of factor indeterminacy has a vast history in factor analysis (Guttman, 1955; Lederman, 1938; Wilson, 1928). It has lead to strong differences in opinion (Steiger, 1979). The current paper gives necessary and sufficient conditions for observability of factors in terms of the parameter matrices and a finite number of variables. Five conditions are given which rigorously define indeterminacy. It is shown that (un)observable factors are (in)determinate. Specifically, the indeterminacy proof by Guttman is extended to Heywood cases. The results are illustrated by two examples and implications for indeterminacy are discussed.     

Clinical Exchange: The Architectural Failure

The Clinical Exchange invites eminent clinicians of diverse persuasions to share, in ordinary language, their clinical formulations and treatment plans of the same psychotherapy patient—one not selected or nominated by those therapists—and then to discuss points of convergence and contention in their recommendations. This Exchange concerns a Mr. L, a 47-year-old, married man presenting for outpatient individual psychotherapy with chief complaints of depression, anxiety, and a lengthy history of vocational underachievement. Drs. Herbert Fensterheim, Leslie Greenberg, and Leigh McCullough, who anchor their practices in the cognitive-behavioral, experiential, and psychodynamic orientations, respectively, are the featured commentators. Finally, Dr. Jerold Gold, the case contributor and Mr. L's psychotherapist, provides a few closing comments.     

Barriers to Addressing Substance Abuse in Domestic Violence Court

Substance abuse commonly co-occurs with intimate partner violence among both perpetrators and survivors. Specialized courts that focus on intimate partner violence provide a unique opportunity to address both problems simultaneously, but research has yet to identify whether this happens. In this qualitative study of a domestic violence court in a large midwestern metropolitan area, key informants were interviewed to understand how the Court treats substance abuse. Results indicate that substance abuse typically is not identified among perpetrators or survivors going through the Court unless it is mentioned in a police report. Barriers to such identification are the organization of the Court, bounded definition of actors’ roles in the Court, limited resources, and negative attitudes towards survivors. These results suggest that specialized courts that attend to only one problem may overlook the possibility of addressing issues that commonly co-occur.     

Toward an International Rule of Law: Distinguishing International Law-Breakers from Would-Be Law-Makers

An interesting fact about customary international law is that the only way you can propose an amendment to it is by breaking it. How can that be differentiated from plain law-breaking? What moral standards might apply to that sort of international conduct? I propose we use ones analogous to the ordinary standards for distinguishing civil disobedients from ordinary law-breakers: would-be law-makers, like civil disobedients, must break the law openly; they must accept the legal consequences of doing so; and they must be prepared to have the same rules applied to them as everyone else.     

教学警示病例在骨科教学中的应用与思考

骨科教学警示病例主要就是指用于教学,并和骨科基本知识理论及伦理有关的误诊误治病例,按照骨科内容相关的原则进行分类.在骨科教学中适当的插入一些警示病例可以起到加深印象、辅助记忆,提高责任意识,强化人性医学的作用.同时我们注意控制警示教育病例的数量;合理穿插、安排教学警示病例,并配合其它教学方法教学,课堂气氛活跃,效果良好,随访结果满意.     

罚款对城市居民个人用水行为的影响

以城市居民用水两难情景为实验任务,探讨了处罚（罚款）对城市居民个人用水行为的影响。结果表明：相对只是对违规的个体进行处罚的方式,个体一群体其他成员处罚的方式更能约束人们的不良行为发生相对于现行水价标准,5．4元的超水高额处罚标准很可能是人们的一个心理接受节点,高于该金额的水费处罚标准人们可能将难以接受。     

Public Space

“Public space” is the space where individuals see and are seen by others as they engage in public affairs. Hannah Arendt links this space with “public freedom.” The being of such freedom, she asserts, depends on its appearing. It consists of “deeds and words which are meant to appear, whose very existence hinges on appearance.” Such appearance, however, requires the public space. Reflecting on Arendt’s remarks, a number of questions arise: What does the dependence of freedom on public space tell us about the nature of freedom? How does public freedom relate to the freedom of a private individual? Does the latter also depend on its appearing? Which is generatively prior: freedom or public space, i.e., the actions that publicly manifest freedom or the space required for their appearance? How does public power shape this space? In this article, I approach these questions through a phenomenological study of public space.