Analysis of the concept of the negligence abettor

In Germany, Japan and in the Taiwan Region of our country, there is the long-standing debate about the joint negligence crime, and in the mainland of China, there are many scholars having discussed, but because the provisions on the joint crimes in the criminal law of our country exclude the joint negligence, the relevant discussions are not very sufficient. This paper talks about the views on the relevant issues of the joint negligence crimes, with the provisions on the traffic accident accomplice in the ＂Explanation of several issues concerning the specific application of law in the trial of criminal cases of traffic accidents＂ by the Supreme People＇s Court in 2000 as the starting point, in recognition of the negligent offender, the author further analyzes the constitution of the concept, in order to more clearly define the instigator of the negligent offender.

The success of the prediction of Haicheng earthquake and the negligence of the Tangshan earthquake

The success of the prediction of Haicheng earthquake and the failure of the prediction of Tangshan earthquake were both well known in the world. What happened, why such a strong earthquake as occurred in Haicheng had been predicted successfully and with a small loss of lives and property? Why a successively strong earthquake about a year later in a region not so further was failure in the imminent stage of prediction and there were so many fatalities and a great degree of property? The author addresses these points based on these true experiences including the first hand experiences leading up to, during, and following these two earthquarter. In addition, he also introduced some seimic phenomena which he had seen after Chi-chi earthquake in Taiwan.

Medicolegal Investigation of Medical Negligence in India:A Report of Forensic Autopsy Case

In general negligence means failure to take proper care over something and according to law negligence means breach of a duty of care which results in damage.Medical negligence is not very uncommon;every now and then cases of medical negligence are reported in the electronic media.Medical Negligence is doing something that one is not supposed to do,or failing to do something that one is supposed to do.Role of Forensic Pathologist in cases of Medical Negligence is always unquestionable.Forensic Pathologists need to explore and maintain a high degree of transparency between the doctors,patients and the law enforcing agencies.In the present case,a person was attacked by a wild animal and he fell down on a rough surface.Immediately he was rushed to a local hospital.The treating doctor stitched the external injury and allowed him to go home;he neither advised any investigation nor kept him under observation to rule out any internal injury.After 12 hours the victim succumbed to death.At autopsy a fractured skull with underlying subdural haemorrhage was noticed.Was not the treating doctor negligent in this case?Were the protocols followed?What should be the role of a Forensic Pathologist in such kind of cases?

Spectrum of diagnostic errors in radiology

Diagnostic errors are important in all branches of medicine because they are an indication of poor patient care. Since the early 1970s,physicians have been subjected to an increasing number of medical malpractice claims. Radiology is one of the specialties most liable to claims of medical negligence.Most often,a plaintiff's complaint against a radiologist will focus on a failure to diagnose. The etiology of radiological error is multi-factorial.Errors fall into recurrent patterns.Errors arise from poor technique,failures of perception,lack of knowledge and misjudgments.The work of diagnostic radiology consists of the complete detection of all abnormalities in an imaging examination and their accurate diagnosis. Every radiologist should understand the sources of error in diagnostic radiology as well as the elements of negligence that form the basis of malpractice litigation.Error traps need to be uncovered and highlighted,in order to prevent repetition of the same mistakes.This article focuses on the spectrum of diagnostic errors in radiology, including a classification of the errors,and stresses the malpractice issues in mammography,chest radiology and obstetric sonography.Missed fractures in emergency and communication issues between radiologists and physicians are also discussed.

Medico-legal risks associated to hand and wrist trauma

BACKGROUND Acute hand and wrist injuries are common and may lead to long-term disability if not managed adequately.Claims for negligence have been increasing in medical practice over the past few decades,with hand and wrist injuries and their treatment representing a significant percentage of orthopedic surgery lawsuits.There is no available literature regarding medical malpractice claims in hand and wrist injuries and surgery in Greece.AIM To identify claims related to hand and wrist trauma and surgery and to define the reasons of successful litigations.METHODS We performed a retrospective study of all legal claims of negligence for hand and upper extremity surgery that went to a trial,attributed to all surgical specialties,in Greece for a 20-year period.Data was further analyzed to identify claims related to hand and wrist trauma and surgery.RESULTS There were six malpractice claims related to hand and wrist trauma that ended in a trial.A missed diagnosis,which resulted in failure of initial management of the injury,was the main reason for a claim.Three of the six cases resulted in complete or partial loss of a finger.Two cases are still open,requiring an expert witness’s report,two cases were closed in favor of the defendant,and two cases were closed in favor of the plaintiff with a mean compensation of€2000(€1000-€3000).CONCLUSION Missed diagnosis was the main reason for a malpractice claim.Better understanding of factors leading to successful claims will help surgeons improve their practice to minimize legal implications and litigation.

针灸师在美国行医中常见的法律问题及对策——与一位前法官的对话

就针灸师行医中常见法律问题同一位具有丰富医疗案例审判经验的Diamond法官进行了对话和咨询,澄清了多个与针灸师密切相关的法律问题:在美国病人起诉医生一般从法院受理到结案大概需要6~7年;医生接到法院的传票后首先要通知保险公司,并保管好病历记录;针灸师被告的法律理由不是医疗事故(malpractice,误医),是渎职(Negligence);医患关系是从针灸师为患者提供医疗就开始了;针灸师不能避免被病人告;为了应对被告,最重要的是针灸医生要保存完整的病历记录;纽约州长颁布了一个对医务人员及机构在新型冠状病毒感染(新冠)期间免责令,只要医院或诊所认真执行美国疾病控制与预防中心(CDC)的有关预防措施,新冠期间诊所的雇员或病人,在上班或诊治期间得了新冠,医院或诊所将不承担法律责任;针灸师如果被告性骚扰,显然是非常严重的指控。

Investigation of litigation in trauma orthopaedic surgery

BACKGROUND It has been said that the number of orthopaedic claims has increased in the last few years. Investigation through the most prevalent cause would help to prevent further cases.AIM To review the cases of medical complaints in orthopedic patients who had been involved in a traumatic accident.METHODS A retrospective multi-center review of trauma orthopaedic-related malpractice lawsuits from 2010 to 2021 was conducted utilizing the regional medicolegal database. Defendant and plaintiff characteristics along with fracture location, allegations, and litigation outcomes were investigated.RESULTS A total of 228 claims referred to trauma-related conditions with a mean age of 31.29 ± 12.56 were enrolled. The most common injuries were at hand, thigh, elbow, and forearm, respectively.Likewise, the most common alleged complication was related to malunion or nonunion. In 47% of the cases, the main problem that led to the complaint was the inappropriate or insufficient explanation to the patient, and in 53%, there was a problem in the surgery. Eventually, 76% of the complaints resulted in a defense verdict, and 24% resulted in a plaintiff verdict.CONCLUSION Surgical treatment of hand injuries and surgery in non-educational hospitals received the most complaints. The majority of litigation outcomes were caused by a physician’s failure to fully explain and educate the traumatic orthopedic patients and technological errors.

Forensic Pathological Expertise of Medical Tangle Analysis of 139 Autopsy Cases

In this article , we report 139 autopsy cases of medical tangle , which were examined by the Department of Forensic Pathology, Faculty of Medicine, Tongji Medical University from Jan. 1972 to Dec. 1992.The emphasis is put on analyses of the status of medical tangle autopsy in forensic pathology, involved medical departments , distribution of victim's age and sex , differences between clinical diagnosis and autoptical conclusion, the composition and causes of medical tangle. The associated problems in forensic pathological autopsy are also discussed.

Anesthesia Related Closed Claims and Litigations at the Detroit Medical Center: Analysis, Lessons Learned, and Conclusions

The analysis of closed claims and litigations can provide an invaluable tool to improve patient safety by minimizing adverse anesthesia-related outcomes. Analysis of collective data describing such claims is integral to develop new guidelines aimed to reduce adverse anesthesia-related events. In this study, we give a descriptive analysis of anesthesia-related claims at the Detroit Medical Center, Detroit, MI, USA. The study analyzed different components in anesthesia-related closed claims and litigations such as medical, demographic and socio-economic factors. From 67,000 procedures in anesthesiology care provider, related cases claims were made in 0.057% (38/67,000) of all cases. The majority of claims involved procedures involving Caucasian females aged 51-55 years. The highest risk periods involved early shift times during Monday and Tuesday, particularly of procedures performed during August. About 33% of all cases in which death occurred involved patients who received an Obstetrics/Gynecology or an Orthopedic procedure under general anesthesia. The majority of closed claims and litigations cases were distributed between procedures treating nerves injuries and anoxic encephalopathy. The OR and PACU at urban hospitals had the highest claim rates. MD anesthesiologists constituted the lowest proportion of all anesthesia providers involved in closed claims incidents. The average compensation paid was predominately in the range of $200,000-$250,000. In addition to reporting anesthesia related factors involved in closed claims and litigations this study also includes a series of recommendations which may work as a framework for improving anesthesia practices.

Medical Malpractice:A Comparative Perspective Between China and the United States

At the beginning of the 1970s,the United States turned onto the winding road of medical malpractice compensation.With the goal of properly dealing with this issue,the United States embarked on a process of continuous reform.In recent years,the number of disputes over medical malpractice liabilities in China has increased considerably.However,dealing with these disputes in accordance with the provisions of the current law is not going smoothly,and maybe we can learn from the experiences of the United States.The relevant measures for the solutions to medical malpractice in the United States and China will be analyzed from a comparative perspective.These include enactments of medical malpractice,the classification of medical malpractice,the doctrine of liability fixation,the burden of proof,the criterion of judging negligence,the liability subject,the authentication system,expert witnesses,standards of compensation,and suggested reforms in the system of the medical malpractice liability,including stipulating the medical malpractice liability of administration in the Civil Code,optimizing the criteria of recognizing negligence,applying organizational fault liability,establishing pilot projects of no-fault medical liability,developing an open mechanism for medical malpractice disclosures and improving the capacity to deal with medical chaos.

ELECTROSTATIC PSEUDO LIQUID MEMBRANE SEPARATION TECHNOLOGY

Electrostatic pseudo liquid membrane（ESPLIM）separation process,developed recently in this laboratory,is a novel chemical separation technology.ESPLIM is an interdisciplinary technology evolved from thecombination of solvent extraction,liquid membrane and electrostatic techniques.It can be used to separate,purify and concentrate specific solutes from aqueous solutions.Therefore,it is suitable for the recovery ofvaluable metals from aqueous solutions in the field of hydrometallurgy（including nuclear fuel cycles）and forthe processes of waste water treatment.This paper discusses the basic principles of this new technology.Taking the extraction of Co2+by D2EHPA as an example,effects on metal extraction of electrical fieldstrength,extractant concentration and the flow ratio of feed to stripping solution have been studied.Exper-iments show that the once through extraction efficiency of Co2+can reach 99% while Co2+can be concen-trated up to 40—50g/L in the stripping solution.

Aerodynamics and mechanisms of elementary morphing models for flapping wing in forward flight of bat

Large active wing deformation is a significant way to generate high aerodynamic forces required in bat＇s flapping flight. Besides the twisting, elementary morphing models of a bat wing are proposed, including wing-bending in the spanwise direction,wing-cambering in the chordwise direction, and wing area-changing. A plate of aspect ratio 3 is used to model a bat wing, and a three-dimensional unsteady panel method is used to predict the aerodynamic forces. It is found that the cambering model has great positive influence on the lift, followed by the area-changing model and then the bending model. Further study indicates that the vortex control is a main mechanism to produce high aerodynamic forces. The mechanisms of aerodynamic force enhancement are asymmetry of the cambered wing and amplification effects of wing area-changing and wing bending. Lift and thrust are generated mainly during downstroke, and they are almost negligible during upstroke by the integrated morphing model-wing.

Transcripts switched off at the stop of phloem unloading highlight the energy efficiency of sugar import in the ripening V. vinifera fruit

Transcriptomic changes at the cessation of sugar accumulation in the pericarp of Vitis vinifera were addressed on single berries re-synchronised according to their individual growth patterns.The net rates of water,sugars and K+accumulation inferred from individual growth and solute concentration confirmed that these inflows stopped simultaneously in the ripe berry,while the small amount of malic acid remaining at this stage was still being oxidised at low rate.Re-synchronised individual berries displayed negligible variations in gene expression among triplicates.RNA-seq studies revealed sharp reprogramming of cell-wall enzymes and structural proteins at the stop of phloem unloading,associated with an 80%repression of multiple sugar transporters and aquaporins on the plasma or tonoplast membranes,with the noticeable exception of H^(+)/sugar symporters,which were rather weakly and constitutively expressed.This was verified in three genotypes placed in contrasted thermo-hydric conditions.The prevalence of SWEET suggests that electrogenic transporters would play a minor role on the plasma membranes of SE/CC complex and the one of the flesh,while sucrose/H+exchangers dominate on its tonoplast.Cis-regulatory elements present in their promoters allowed to sort these transporters in different groups,also including specific TIPs and PIPs paralogs,and cohorts of cell wall-related genes.Together with simple thermodynamic considerations,these results lead to propose that H^(+)/sugar exchangers at the tonoplast,associated with a considerably acidic vacuolar pH,may exhaust cytosolic sugars in the flesh and alleviate the need for supplementary energisation of sugar transport at the plasma membrane.

Correlated ion stopping in dense plasmas

Correlated ion stopping arising from an intense cluster ion beam(CIB)interacting with an ultradense plasma target of relevance to inertial confinement fusion(ICF)is first investigated in a two-body approximation in an arbitrarily degenerate electron fluid target.The specific advantages of CIB-driven ICF are first demonstrated through 1D simulations,highlighting the very fine focusing of the ion beam on the target pellet.Then,theN-body configurations of ion debris resulting from the impact of heavy cluster ions are determined in terms of their specific topology.The validities of the usual assumptions of equal ion fragment charge and negligible coupling between stopping and Coulomb explosion are assessed.

Discharge electrode configuration effects on the performance of a plasma sparker

A multi-electrode array is commonly applied in a plasma sparker to generate stable acoustic pulses.In this paper, the effects of the electrode configuration on the performance of a plasma sparker have been investigated. In terms of the load electrical characteristics, the electrode radius and distance have negligible influence on the electric characteristics, whereas a larger electrode number results in a smaller voltage and a larger current but has little effect on the load energy. Regarding the acoustic characteristics, both the expansion and collapse pulses can be increased by decreasing the electrode tip radius. the influence of the electrode number and electrode gap distance on the amplitude of the expansion pulse was found to be negligible. And the amplitude of the collapse pulse decreases significantly with increasing electrode number. Increasing the electrode number decreases the energy efficiency for intense bubble interactions, thus, a small electrode tip radius and a small electrode number are preferred for the design of a plasma sparker if the total discharge energy is given.

燃气轮机燃烧室冲击射流冷却火焰筒壁的结构参数研究

The flame temperature in the combustor of a gas turbine is usually as high as 2000 K, while the maximum temperature that can be endured by metal materials is less than 1200 K at present. Therefore, various protective and cooling measures are needed to ensure the operation life of the liner wall which wraps the flame. The lean premixed combustor can meet the increasingly stringent emission requirements, but it requires more air for premixed combustion and then less air for cooling and dilution. In order to obtain a better impingement jet cooling structure, this paper studied the impingement jet cooling structure with vertical circular holes of equal diameter under single outlet condition. The structural variables studied include the jet hole diameter D, the impinging distance Z, the jet hole length(jet plate thickness) t, and the jet-to-jet spacing X is ignored. Among them, X/D(the ratio of the jet-to-jet spacing to the jet diameter) is inversely correlated with the mass flow rate. Within the constant X/D being equal to 10, the influence of D, Z and t on the average heat transfer coefficient h of the target surface under same mass flow was determined by means of conjugate numerical heat transfer analysis and orthogonal test. The results show that Z has significant influence on h, D has moderate influence on h, and t has negligible influence on h. Further, by means of regression orthogonal test, the influence trend of parameters Z and D on h at X/D=10 was studied. The optimal values of Z and D within the research scope were found.

KINETICS OF METHANOL SYNTHESIS IN THE PRESENCE OF C301 Cu-BASED CATALYST (Ⅰ) INTRINSIC AND GLOBAL KINETICS*

The intrinsic and global kinetics of methanol synthesis from carbon monoxide, carbon dioxide and hydrogen in the presence of C301 commercial catalyst is studied. The investigation is performed under typical commercial conditions in an isothermal plug-flow integral reactor and

ESTIMATION OF FIXED BED HEAT TRANSFER PARAMETERS WITH ORTHOGONAL COLLOCATION

Two heat transfer parameters in the fixed bed,radial effective conductiviw ker,and wall heat transfer coefficient hware estimated by using the method of orthogonal collocation and non-linear least square.The temperatures at forty collo-cation points distributed along the radial direction are measured simultaneously by means of multiehannel data logger.Theeffects of bed height,Rep,dt/dp,gas inlet temperature and wall temperature on kerand hw are studied.The results indicatethat the effect of gas inlet temperature and wall temperature is negligible.Bed height will only influence the parameter es-timations in shallow bed and at low Rep.Both kerand hw tend to reach a limit with increasing bed height.The asymptoticbed height which is independent of dp is about 0.5 m,while the asymptotic values of kerand hw increase with dp.The pa-rameters obtained with the wall being heated are about 10% lower than those with the wall being cooled.ker,hw and stag-nant contribution terms kerand hw are all related to dp·kerand hw estimated at the asymptotic bed height are correlated bythe following equations:ker=0.199+0.015 dt/dp+0.0020/（1+14.15（dp/dt）2）Rephw=33.4+4.23dt/dp+0.333/（1+8.54（dp/dt）2）Rep（5.5【dt/dp【13）（100【Rep【500）

RESIDENCE TIME DISTRIBUTION IN A SCREW EXTRUDER

It has been studied that the residence time distribution(RTD)function in a screw extruder in relation to that in thescrew and that in the die.For a complex flow field such as that between screw and die,it was supposed that the RTDfunction in the screw and that in the die were almost independent on each other.Therefore,a probabilistic method wasused to predict the RTD function in a complete extruder from that in the screw and that in the die.The experiments fordetermining the RTD were based on a stimulus-response technique.The results predicted,both in single-screw extruderand in twin-screw extruder,were in good agreement with those experimentally obtained.

Manipulating the Flipping of Water Dipoles in Carbon Nanotubes

Flipping of water dipoles in carbon nanotubes is of great importance in many physical and biological applications,such as signal amplification,molecular switches and nano-gates.Ahead of these applications,understanding and inhibiting the non-negligible thermal noise is essential.Here,we use molecular dynamics simulations to show that the flipping frequency of water dipoles increases with the rising temperature,and the thermal noise can be suppressed by imposed charges and external uniform electric fields.Furthermore,the water dipoles flip periodically between two equiprobable and stable states under alternating electric fields.These two stable states may be adopted to store 0 and 1 bits for memory storage or molecular computing.