Sample records for claimed damages based

  1. 32 CFR 537.16 - Scope for maritime claims.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... claims for damage to: (1) DA-accountable properties of a kind that are within the federal maritime jurisdiction. (2) Property under the DA's jurisdiction or DA property damaged by a vessel or floating object... services (including contract salvage and towage) performed by the DA. Claims for salvage services are based...

  2. On the occurrence of rainstorm damage based on home insurance and weather data

    NASA Astrophysics Data System (ADS)

    Spekkers, M. H.; Clemens, F. H. L. R.; ten Veldhuis, J. A. E.

    2014-08-01

    Rainstorm damage caused by malfunctioning of urban drainage systems and water intrusion due to defects in the building envelope can be considerable. Little research on this topic focused on the collection of damage data, the understanding of damage mechanisms and the deepening of data analysis methods. In this paper, the relative contribution of different failure mechanisms to the occurrence of rainstorm damage are investigated, as well as the extent to which these mechanisms relate to weather variables. For a case study in Rotterdam, the Netherlands, a property level home insurance database of around 3100 water-related damage claims was analysed. Records include comprehensive transcripts of communication between insurer, insured and damage assessment experts, which allowed claims to be classified according to their actual damage cause. Results show that roof and wall leakage is the most frequent failure mechanism causing precipitation-related claims, followed by blocked roof gutters, melting snow and sewer flooding. Claims related to sewer flooding were less present in the data, but are associated with significantly larger claim sizes than claims in the majority class, i.e. roof and wall leakages. Rare events logistic regression analysis revealed that maximum rainfall intensity and rainfall volume are significant predictors for the occurrence probability of precipitation-related claims. Moreover, it was found that claims associated with rainfall intensities smaller than 7-8 mm in a 60 min window are mainly related to failures processes in the private domain, such as roof and wall leakages. For rainfall events that exceed the 7-8 mm h-1 threshold, failure of systems in the public domain, such as sewer systems, start to contribute considerably to the overall occurrence probability of claims. The communication transcripts, however, lacked information to be conclusive about to extent to which sewer-related claims were caused by overloading of sewer systems or failure of system components.

  3. On the occurrence of rainstorm damage based on home insurance and weather data

    NASA Astrophysics Data System (ADS)

    Spekkers, M. H.; Clemens, F. H. L. R.; ten Veldhuis, J. A. E.

    2015-02-01

    Rainstorm damage caused by the malfunction of urban drainage systems and water intrusion due to defects in the building envelope can be considerable. Little research on this topic focused on the collection of damage data, the understanding of damage mechanisms and the deepening of data analysis methods. In this paper, the relative contribution of different failure mechanisms to the occurrence of rainstorm damage is investigated, as well as the extent to which these mechanisms relate to weather variables. For a case study in Rotterdam, the Netherlands, a property level home insurance database of around 3100 water-related damage claims was analysed. The records include comprehensive transcripts of communication between insurer, insured and damage assessment experts, which allowed claims to be classified according to their actual damage cause. The results show that roof and wall leakage is the most frequent failure mechanism causing precipitation-related claims, followed by blocked roof gutters, melting snow and sewer flooding. Claims related to sewer flooding were less present in the data, but are associated with significantly larger claim sizes than claims in the majority class, i.e. roof and wall leakages. Rare events logistic regression analysis revealed that maximum rainfall intensity and rainfall volume are significant predictors for the occurrence probability of precipitation-related claims. Moreover, it was found that claims associated with rainfall intensities smaller than 7-8 mm in a 60-min window are mainly related to failure processes in the private domain, such as roof and wall leakages. For rainfall events that exceed the 7-8 mm h-1 threshold, the failure of systems in the public domain, such as sewer systems, start to contribute considerably to the overall occurrence probability of claims. The communication transcripts, however, lacked information to be conclusive about to which extent sewer-related claims were caused by overloading of sewer systems or failure of system components.

  4. 13 CFR 114.104 - What evidence and information may SBA require relating to my claim?

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... BUSINESS ADMINISTRATION ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND REPRESENTATION AND... relevant to the government's alleged liability or the damages you claim. (c) For a claim based on death: (1) An authenticated death certificate or other competent evidence showing cause of death, date of death...

  5. 78 FR 47153 - Claims Under the Federal Tort Claims Act for Loss of or Damage to Property or for Personal Injury...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-08-05

    ... on negligence, wrongful act or omission. Authority: 12 U.S.C. 5492(a)(1), (11); 28 U.S.C. 2672; 28 CFR 14.11. Sec. 1076.101 Claims against a Bureau employee based on negligence, wrongful act or... representative may present a claim against a Bureau employee based on negligence, or wrongful act or omission, as...

  6. 49 CFR 579.24 - Reporting requirements for manufacturers of 5,000 or more trailers annually.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... included. (c) Numbers of property damage claims, consumer complaints, warranty claims, and field reports. Separate reports on the numbers of those property damage claims, consumer complaints, warranty claims, and... code, the number of such property damage claims, consumer complaints, warranty claims, or field reports...

  7. 49 CFR 579.24 - Reporting requirements for manufacturers of 5,000 or more trailers annually.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... included. (c) Numbers of property damage claims, consumer complaints, warranty claims, and field reports. Separate reports on the numbers of those property damage claims, consumer complaints, warranty claims, and... code, the number of such property damage claims, consumer complaints, warranty claims, or field reports...

  8. 49 CFR 579.24 - Reporting requirements for manufacturers of 5,000 or more trailers annually.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... included. (c) Numbers of property damage claims, consumer complaints, warranty claims, and field reports. Separate reports on the numbers of those property damage claims, consumer complaints, warranty claims, and... code, the number of such property damage claims, consumer complaints, warranty claims, or field reports...

  9. 49 CFR 579.24 - Reporting requirements for manufacturers of 5,000 or more trailers annually.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... included. (c) Numbers of property damage claims, consumer complaints, warranty claims, and field reports. Separate reports on the numbers of those property damage claims, consumer complaints, warranty claims, and... code, the number of such property damage claims, consumer complaints, warranty claims, or field reports...

  10. 49 CFR 579.24 - Reporting requirements for manufacturers of 5,000 or more trailers annually.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... included. (c) Numbers of property damage claims, consumer complaints, warranty claims, and field reports. Separate reports on the numbers of those property damage claims, consumer complaints, warranty claims, and... code, the number of such property damage claims, consumer complaints, warranty claims, or field reports...

  11. 29 CFR 15.205 - What types of claims for property damage are allowed under the MPCECA?

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 29 Labor 1 2013-07-01 2013-07-01 false What types of claims for property damage are allowed under... Civilian Employees' Claims Act of 1964 § 15.205 What types of claims for property damage are allowed under the MPCECA? (a) Claims for property damage are allowed under the MPCECA only if the property involved...

  12. 29 CFR 15.205 - What types of claims for property damage are allowed under the MPCECA?

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 29 Labor 1 2014-07-01 2013-07-01 true What types of claims for property damage are allowed under... Civilian Employees' Claims Act of 1964 § 15.205 What types of claims for property damage are allowed under the MPCECA? (a) Claims for property damage are allowed under the MPCECA only if the property involved...

  13. Frequency and Type of Situational Awareness Errors Contributing to Death and Brain Damage: A Closed Claims Analysis.

    PubMed

    Schulz, Christian M; Burden, Amanda; Posner, Karen L; Mincer, Shawn L; Steadman, Randolph; Wagner, Klaus J; Domino, Karen B

    2017-08-01

    Situational awareness errors may play an important role in the genesis of patient harm. The authors examined closed anesthesia malpractice claims for death or brain damage to determine the frequency and type of situational awareness errors. Surgical and procedural anesthesia death and brain damage claims in the Anesthesia Closed Claims Project database were analyzed. Situational awareness error was defined as failure to perceive relevant clinical information, failure to comprehend the meaning of available information, or failure to project, anticipate, or plan. Patient and case characteristics, primary damaging events, and anesthesia payments in claims with situational awareness errors were compared to other death and brain damage claims from 2002 to 2013. Anesthesiologist situational awareness errors contributed to death or brain damage in 198 of 266 claims (74%). Respiratory system damaging events were more common in claims with situational awareness errors (56%) than other claims (21%, P < 0.001). The most common specific respiratory events in error claims were inadequate oxygenation or ventilation (24%), difficult intubation (11%), and aspiration (10%). Payments were made in 85% of situational awareness error claims compared to 46% in other claims (P = 0.001), with no significant difference in payment size. Among 198 claims with anesthesia situational awareness error, perception errors were most common (42%), whereas comprehension errors (29%) and projection errors (29%) were relatively less common. Situational awareness error definitions were operationalized for reliable application to real-world anesthesia cases. Situational awareness errors may have contributed to catastrophic outcomes in three quarters of recent anesthesia malpractice claims.Situational awareness errors resulting in death or brain damage remain prevalent causes of malpractice claims in the 21st century.

  14. 32 CFR 536.77 - Applicable law for claims under the Military Claims Act.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ...) The United States will only be liable for the portion of loss or damage attributable to the fault of... preparation and presentation of the claim. (vi) Punitive or exemplary damages are not payable. (vii) Claims... will be considered as an element of damages under paragraph (b)(3)(ii) of this section. Claims for...

  15. 32 CFR 536.77 - Applicable law for claims under the Military Claims Act.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ...) The United States will only be liable for the portion of loss or damage attributable to the fault of... preparation and presentation of the claim. (vi) Punitive or exemplary damages are not payable. (vii) Claims... will be considered as an element of damages under paragraph (b)(3)(ii) of this section. Claims for...

  16. 29 CFR 15.42 - Claim procedures.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... Are there limits on claims under the MPCECA? 15.205 What types of claims for property damage are... a claim for loss of or damages to personal property under the WIA? 15.304 Are there limits to claims for loss of or damages to personal property under the WIA? Authority: 28 U.S.C. 2672; 28 CFR § 14.11...

  17. 32 CFR 536.77 - Applicable law for claims under the Military Claims Act.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ...) The United States will only be liable for the portion of loss or damage attributable to the fault of... preparation and presentation of the claim. (vi) Punitive or exemplary damages are not payable. (vii) Claims... will be considered as an element of damages under paragraph (b)(3)(ii) of this section. Claims for...

  18. 49 CFR 579.21 - Reporting requirements for manufacturers of 5,000 or more light vehicles annually.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... codes to be included. (c) Numbers of property damage claims, consumer complaints, warranty claims, and field reports. Separate reports on the numbers of those property damage claims, consumer complaints... or rollover indicated by the code. If an underlying property damage claim, consumer complaint...

  19. 49 CFR 579.21 - Reporting requirements for manufacturers of 5,000 or more light vehicles annually.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... codes to be included. (c) Numbers of property damage claims, consumer complaints, warranty claims, and field reports. Separate reports on the numbers of those property damage claims, consumer complaints... or rollover indicated by the code. If an underlying property damage claim, consumer complaint...

  20. 32 CFR 536.139 - Applicable law for claims under the Foreign Claims Act.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... temporarily within the country in which the incident occurred, the quantum of certain elements of damages... death case, the quantum will be determined based on the country of the decedent's permanent residence...

  1. 32 CFR 536.139 - Applicable law for claims under the Foreign Claims Act.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... temporarily within the country in which the incident occurred, the quantum of certain elements of damages... death case, the quantum will be determined based on the country of the decedent's permanent residence...

  2. 32 CFR 536.139 - Applicable law for claims under the Foreign Claims Act.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... temporarily within the country in which the incident occurred, the quantum of certain elements of damages... death case, the quantum will be determined based on the country of the decedent's permanent residence...

  3. 32 CFR 536.139 - Applicable law for claims under the Foreign Claims Act.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... temporarily within the country in which the incident occurred, the quantum of certain elements of damages... death case, the quantum will be determined based on the country of the decedent's permanent residence...

  4. 32 CFR 536.139 - Applicable law for claims under the Foreign Claims Act.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... temporarily within the country in which the incident occurred, the quantum of certain elements of damages... death case, the quantum will be determined based on the country of the decedent's permanent residence...

  5. 18 CFR 367.9250 - Account 925, Injuries and damages.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... company against injuries and damages claims of employees or others, losses of such character not covered by insurance, and expenses incurred in settlement of injuries and damages claims. It also must... against claims from injuries and damages by employees or others, such as public liability, property...

  6. 18 CFR 367.9250 - Account 925, Injuries and damages.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... company against injuries and damages claims of employees or others, losses of such character not covered by insurance, and expenses incurred in settlement of injuries and damages claims. It also must... against claims from injuries and damages by employees or others, such as public liability, property...

  7. 18 CFR 367.9250 - Account 925, Injuries and damages.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... company against injuries and damages claims of employees or others, losses of such character not covered by insurance, and expenses incurred in settlement of injuries and damages claims. It also must... against claims from injuries and damages by employees or others, such as public liability, property...

  8. 18 CFR 367.9250 - Account 925, Injuries and damages.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... company against injuries and damages claims of employees or others, losses of such character not covered by insurance, and expenses incurred in settlement of injuries and damages claims. It also must... against claims from injuries and damages by employees or others, such as public liability, property...

  9. Flood damage claims reveal insights about surface runoff in Switzerland

    NASA Astrophysics Data System (ADS)

    Bernet, D. B.; Prasuhn, V.; Weingartner, R.

    2015-12-01

    A few case studies in Switzerland exemplify that not only overtopping water bodies frequently cause damages to buildings. Reportedly, a large share of the total loss due to flooding in Switzerland goes back to surface runoff that is formed and is propagating outside of regular watercourses. Nevertheless, little is known about when, where and why such surface runoff occurs. The described process encompasses surface runoff formation, followed by unchannelised overland flow until a water body is reached. It is understood as a type of flash flood, has short response times and occurs diffusely in the landscape. Thus, the process is difficult to observe and study directly. A promising source indicating surface runoff indirectly are houseowners' damage claims recorded by Swiss Public Insurance Companies for Buildings (PICB). In most of Switzerland, PICB hold a monopoly position and insure (almost) every building. Consequently, PICB generally register all damages to buildings caused by an insured natural hazard (including surface runoff) within the respective zones. We have gathered gapless flood related claim records of most of all Swiss PICB covering more than the last two decades on average. Based on a subset, we have developed a methodology to differentiate claims related to surface runoff from other causes. This allows us to assess the number of claims as well as total loss related to surface runoff and compare these to the numbers of overtopping watercourses. Furthermore, with the good data coverage, we are able to analyze surface runoff related claims in space and time, from which we can infer spatial and temporal characteristics of surface runoff. Although the delivered data of PICB are heterogeneous and, consequently, time-consuming to harmonize, our first results show that exploiting these damage claim records is feasible and worthwhile to learn more about surface runoff in Switzerland.

  10. 44 CFR 11.73 - Allowable claims.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... supervisor, but these claims shall be limited to a maximum of $1,000.00. (4) Mobile homes. Claims may be allowed for damage to or loss of mobile homes and their content under the provisions of paragraph (c)(2) of this section. Claims for structural damage to mobile homes resulting from such structural damage...

  11. 44 CFR 11.73 - Allowable claims.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... supervisor, but these claims shall be limited to a maximum of $1,000.00. (4) Mobile homes. Claims may be allowed for damage to or loss of mobile homes and their content under the provisions of paragraph (c)(2) of this section. Claims for structural damage to mobile homes resulting from such structural damage...

  12. 44 CFR 11.73 - Allowable claims.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... supervisor, but these claims shall be limited to a maximum of $1,000.00. (4) Mobile homes. Claims may be allowed for damage to or loss of mobile homes and their content under the provisions of paragraph (c)(2) of this section. Claims for structural damage to mobile homes resulting from such structural damage...

  13. 44 CFR 11.73 - Allowable claims.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... supervisor, but these claims shall be limited to a maximum of $1,000.00. (4) Mobile homes. Claims may be allowed for damage to or loss of mobile homes and their content under the provisions of paragraph (c)(2) of this section. Claims for structural damage to mobile homes resulting from such structural damage...

  14. 44 CFR 11.73 - Allowable claims.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... supervisor, but these claims shall be limited to a maximum of $1,000.00. (4) Mobile homes. Claims may be allowed for damage to or loss of mobile homes and their content under the provisions of paragraph (c)(2) of this section. Claims for structural damage to mobile homes resulting from such structural damage...

  15. 49 CFR 579.21 - Reporting requirements for manufacturers of 5,000 or more light vehicles annually.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... codes to be included. (c) Numbers of property damage claims, consumer complaints, warranty claims, and field reports. Separate reports on the numbers of those property damage claims, consumer complaints... report shall state, separately by each such code, the number of such property damage claims, consumer...

  16. 7 CFR 1599.10 - Claims for damage to or loss of commodities.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 7 Agriculture 10 2011-01-01 2011-01-01 false Claims for damage to or loss of commodities. 1599.10... SERVICE, DEPARTMENT OF AGRICULTURE McGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION PROGRAM § 1599.10 Claims for damage to or loss of commodities. (a) FAS will be responsible for claims...

  17. 7 CFR 1599.10 - Claims for damage to or loss of commodities.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 7 Agriculture 10 2013-01-01 2013-01-01 false Claims for damage to or loss of commodities. 1599.10... SERVICE, DEPARTMENT OF AGRICULTURE McGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION PROGRAM § 1599.10 Claims for damage to or loss of commodities. (a) FAS will be responsible for claims...

  18. 7 CFR 1599.10 - Claims for damage to or loss of commodities.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Claims for damage to or loss of commodities. 1599.10... SERVICE, DEPARTMENT OF AGRICULTURE McGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION PROGRAM § 1599.10 Claims for damage to or loss of commodities. (a) FAS will be responsible for claims...

  19. 7 CFR 1599.10 - Claims for damage to or loss of commodities.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 7 Agriculture 10 2012-01-01 2012-01-01 false Claims for damage to or loss of commodities. 1599.10... SERVICE, DEPARTMENT OF AGRICULTURE McGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION PROGRAM § 1599.10 Claims for damage to or loss of commodities. (a) FAS will be responsible for claims...

  20. 7 CFR 1599.10 - Claims for damage to or loss of commodities.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 7 Agriculture 10 2014-01-01 2014-01-01 false Claims for damage to or loss of commodities. 1599.10... SERVICE, DEPARTMENT OF AGRICULTURE McGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION PROGRAM § 1599.10 Claims for damage to or loss of commodities. (a) FAS will be responsible for claims...

  1. 33 CFR 74.01-1 - Claim for damage, destruction, or displacement.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 33 Navigation and Navigable Waters 1 2013-07-01 2013-07-01 false Claim for damage, destruction, or displacement. 74.01-1 Section 74.01-1 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND... Claim for damage, destruction, or displacement. Whenever an aid to navigation is damaged, destroyed, or...

  2. 33 CFR 74.01-1 - Claim for damage, destruction, or displacement.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 33 Navigation and Navigable Waters 1 2014-07-01 2014-07-01 false Claim for damage, destruction, or displacement. 74.01-1 Section 74.01-1 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND... Claim for damage, destruction, or displacement. Whenever an aid to navigation is damaged, destroyed, or...

  3. 33 CFR 74.01-1 - Claim for damage, destruction, or displacement.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 33 Navigation and Navigable Waters 1 2012-07-01 2012-07-01 false Claim for damage, destruction, or displacement. 74.01-1 Section 74.01-1 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND... Claim for damage, destruction, or displacement. Whenever an aid to navigation is damaged, destroyed, or...

  4. 33 CFR 74.01-1 - Claim for damage, destruction, or displacement.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 33 Navigation and Navigable Waters 1 2011-07-01 2011-07-01 false Claim for damage, destruction, or displacement. 74.01-1 Section 74.01-1 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND... Claim for damage, destruction, or displacement. Whenever an aid to navigation is damaged, destroyed, or...

  5. 33 CFR 74.01-1 - Claim for damage, destruction, or displacement.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 33 Navigation and Navigable Waters 1 2010-07-01 2010-07-01 false Claim for damage, destruction, or displacement. 74.01-1 Section 74.01-1 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND... Claim for damage, destruction, or displacement. Whenever an aid to navigation is damaged, destroyed, or...

  6. Surface water floods in Switzerland: what insurance claim records tell us about the damage in space and time

    NASA Astrophysics Data System (ADS)

    Bernet, Daniel B.; Prasuhn, Volker; Weingartner, Rolf

    2017-09-01

    Surface water floods (SWFs) have received increasing attention in the recent years. Nevertheless, we still know relatively little about where, when and why such floods occur and cause damage, largely due to a lack of data but to some degree also because of terminological ambiguities. Therefore, in a preparatory step, we summarize related terms and identify the need for unequivocal terminology across disciplines and international boundaries in order to bring the science together. Thereafter, we introduce a large (n = 63 117), long (10-33 years) and representative (48 % of all Swiss buildings covered) data set of spatially explicit Swiss insurance flood claims. Based on registered flood damage to buildings, the main aims of this study are twofold: First, we introduce a method to differentiate damage caused by SWFs and fluvial floods based on the geographical location of each damaged object in relation to flood hazard maps and the hydrological network. Second, we analyze the data with respect to their spatial and temporal distributions aimed at quantitatively answering the fundamental questions of how relevant SWF damage really is, as well as where and when it occurs in space and time. This study reveals that SWFs are responsible for at least 45 % of the flood damage to buildings and 23 % of the associated direct tangible losses, whereas lower losses per claim are responsible for the lower loss share. The Swiss lowlands are affected more heavily by SWFs than the alpine regions. At the same time, the results show that the damage claims and associated losses are not evenly distributed within each region either. Damage caused by SWFs occurs by far most frequently in summer in almost all regions. The normalized SWF damage of all regions shows no significant upward trend between 1993 and 2013. We conclude that SWFs are in fact a highly relevant process in Switzerland that should receive similar attention like fluvial flood hazards. Moreover, as SWF damage almost always coincides with fluvial flood damage, we suggest considering SWFs, like fluvial floods, as integrated processes of our catchments.

  7. Decision tree analysis of factors influencing rainfall-related building damage

    NASA Astrophysics Data System (ADS)

    Spekkers, M. H.; Kok, M.; Clemens, F. H. L. R.; ten Veldhuis, J. A. E.

    2014-04-01

    Flood damage prediction models are essential building blocks in flood risk assessments. Little research has been dedicated so far to damage of small-scale urban floods caused by heavy rainfall, while there is a need for reliable damage models for this flood type among insurers and water authorities. The aim of this paper is to investigate a wide range of damage-influencing factors and their relationships with rainfall-related damage, using decision tree analysis. For this, district-aggregated claim data from private property insurance companies in the Netherlands were analysed, for the period of 1998-2011. The databases include claims of water-related damage, for example, damages related to rainwater intrusion through roofs and pluvial flood water entering buildings at ground floor. Response variables being modelled are average claim size and claim frequency, per district per day. The set of predictors include rainfall-related variables derived from weather radar images, topographic variables from a digital terrain model, building-related variables and socioeconomic indicators of households. Analyses were made separately for property and content damage claim data. Results of decision tree analysis show that claim frequency is most strongly associated with maximum hourly rainfall intensity, followed by real estate value, ground floor area, household income, season (property data only), buildings age (property data only), ownership structure (content data only) and fraction of low-rise buildings (content data only). It was not possible to develop statistically acceptable trees for average claim size, which suggest that variability in average claim size is related to explanatory variables that cannot be defined at the district scale. Cross-validation results show that decision trees were able to predict 22-26% of variance in claim frequency, which is considerably better compared to results from global multiple regression models (11-18% of variance explained). Still, a large part of the variance in claim frequency is left unexplained, which is likely to be caused by variations in data at subdistrict scale and missing explanatory variables.

  8. 32 CFR 842.94 - Assertable claims.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ..., against a tort-feasor when: (a) Damage results from negligence and the claim is for: (1) More than $100... ADMINISTRATIVE CLAIMS Property Damage Tort Claims in Favor of the United States (31 U.S.C. 3701, 3711-3719) § 842.... (The two claims should be consolidated and processed under subpart N). (d) The Tort-feasor or his...

  9. 22 CFR 21.1 - Policy.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... Department of State may settle or compromise a personal damages claim against an employee by the payment of available funds at any time, provided the alleged conduct giving rise to the personal damages claim was... request either to agree to indemnify or to settle a personal damages claim before entry of an adverse...

  10. 22 CFR 21.1 - Policy.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... Department of State may settle or compromise a personal damages claim against an employee by the payment of available funds at any time, provided the alleged conduct giving rise to the personal damages claim was... request either to agree to indemnify or to settle a personal damages claim before entry of an adverse...

  11. 29 CFR 100.401 - Claims under the Federal Tort Claims Act for loss of or damage to property or for personal injury...

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 29 Labor 2 2010-07-01 2010-07-01 false Claims under the Federal Tort Claims Act for loss of or damage to property or for personal injury or death. 100.401 Section 100.401 Labor Regulations Relating to Labor NATIONAL LABOR RELATIONS BOARD ADMINISTRATIVE REGULATIONS Claims Under the Federal Tort Claims Act § 100.401 Claims under the Federal Tort...

  12. 5 CFR 180.104 - Allowable claims.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... mobile homes may be allowed only in cases of collision, theft, or vandalism. (5) Money. Claims for money... claimant's supervisor. (4) Mobile homes. Claims may be allowed for damage to or loss of mobile homes and their contents under the provisions of § 180.104(c)(2). Claims for structural damage to mobile homes...

  13. 5 CFR 180.104 - Allowable claims.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... mobile homes may be allowed only in cases of collision, theft, or vandalism. (5) Money. Claims for money... claimant's supervisor. (4) Mobile homes. Claims may be allowed for damage to or loss of mobile homes and their contents under the provisions of § 180.104(c)(2). Claims for structural damage to mobile homes...

  14. 5 CFR 180.104 - Allowable claims.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... mobile homes may be allowed only in cases of collision, theft, or vandalism. (5) Money. Claims for money... claimant's supervisor. (4) Mobile homes. Claims may be allowed for damage to or loss of mobile homes and their contents under the provisions of § 180.104(c)(2). Claims for structural damage to mobile homes...

  15. 5 CFR 180.104 - Allowable claims.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... mobile homes may be allowed only in cases of collision, theft, or vandalism. (5) Money. Claims for money... claimant's supervisor. (4) Mobile homes. Claims may be allowed for damage to or loss of mobile homes and their contents under the provisions of § 180.104(c)(2). Claims for structural damage to mobile homes...

  16. 5 CFR 180.104 - Allowable claims.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... mobile homes may be allowed only in cases of collision, theft, or vandalism. (5) Money. Claims for money... claimant's supervisor. (4) Mobile homes. Claims may be allowed for damage to or loss of mobile homes and their contents under the provisions of § 180.104(c)(2). Claims for structural damage to mobile homes...

  17. 32 CFR 842.7 - Who may file a claim.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... ADMINISTRATIVE CLAIMS General Information § 842.7 Who may file a claim. (a) Property damage. The owner or owners of the property or their authorized agent may file a claim for property damage. (b) Personal injury... duly appointed guardian of a minor child or any other person legally entitled to do so under applicable...

  18. 32 CFR 842.7 - Who may file a claim.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... ADMINISTRATIVE CLAIMS General Information § 842.7 Who may file a claim. (a) Property damage. The owner or owners of the property or their authorized agent may file a claim for property damage. (b) Personal injury... duly appointed guardian of a minor child or any other person legally entitled to do so under applicable...

  19. 32 CFR 842.7 - Who may file a claim.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... ADMINISTRATIVE CLAIMS General Information § 842.7 Who may file a claim. (a) Property damage. The owner or owners of the property or their authorized agent may file a claim for property damage. (b) Personal injury... duly appointed guardian of a minor child or any other person legally entitled to do so under applicable...

  20. 32 CFR 842.7 - Who may file a claim.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... ADMINISTRATIVE CLAIMS General Information § 842.7 Who may file a claim. (a) Property damage. The owner or owners of the property or their authorized agent may file a claim for property damage. (b) Personal injury... duly appointed guardian of a minor child or any other person legally entitled to do so under applicable...

  1. 32 CFR 842.7 - Who may file a claim.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... ADMINISTRATIVE CLAIMS General Information § 842.7 Who may file a claim. (a) Property damage. The owner or owners of the property or their authorized agent may file a claim for property damage. (b) Personal injury... duly appointed guardian of a minor child or any other person legally entitled to do so under applicable...

  2. 49 CFR 1242.78 - Employees performing clerical and accounting functions, and loss and damage claims processing...

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... functions, and loss and damage claims processing (accounts XX-55-76 and XX-55-78). 1242.78 Section 1242.78... Employees performing clerical and accounting functions, and loss and damage claims processing (accounts XX-55-76 and XX-55-78). If the sum of the direct freight and the direct passenger expenses is more than...

  3. 17 CFR 12.315 - Consequences of overstating damages claims not in excess of $30,000.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Consequences of overstating damages claims not in excess of $30,000. 12.315 Section 12.315 Commodity and Securities Exchanges... Proceedings § 12.315 Consequences of overstating damages claims not in excess of $30,000. If a party, who has...

  4. 5 CFR 180.108 - Settlement of claims.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... purchase or exchange. The amount payable will be determined by applying the principles of depreciation to the adjusted dollar value or other base price of property lost or damaged beyond economical repair; by... cost, condition when damaged beyond economical repair or lost, and the time elapsed between the date of...

  5. 42 CFR 414.425 - Claims for damages.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... Office mailing address, phone number, email address and bidding number, and National Supplier... Authority may: (A) Write a determination granting (in whole or in part) a claim for damages or denying a claim in its entirety; (B) Direct the CBIC to write said determination for the Determining Authority's...

  6. Modeling the Malaysian motor insurance claim using artificial neural network and adaptive NeuroFuzzy inference system

    NASA Astrophysics Data System (ADS)

    Mohd Yunos, Zuriahati; Shamsuddin, Siti Mariyam; Ismail, Noriszura; Sallehuddin, Roselina

    2013-04-01

    Artificial neural network (ANN) with back propagation algorithm (BP) and ANFIS was chosen as an alternative technique in modeling motor insurance claims. In particular, an ANN and ANFIS technique is applied to model and forecast the Malaysian motor insurance data which is categorized into four claim types; third party property damage (TPPD), third party bodily injury (TPBI), own damage (OD) and theft. This study is to determine whether an ANN and ANFIS model is capable of accurately predicting motor insurance claim. There were changes made to the network structure as the number of input nodes, number of hidden nodes and pre-processing techniques are also examined and a cross-validation technique is used to improve the generalization ability of ANN and ANFIS models. Based on the empirical studies, the prediction performance of the ANN and ANFIS model is improved by using different number of input nodes and hidden nodes; and also various sizes of data. The experimental results reveal that the ANFIS model has outperformed the ANN model. Both models are capable of producing a reliable prediction for the Malaysian motor insurance claims and hence, the proposed method can be applied as an alternative to predict claim frequency and claim severity.

  7. 29 CFR 15.21 - Filing of claims.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... deceased, the claim may be filed by a survivor in the following order of preference: spouse, children... loss or damage, and the value of the property. Any claim filed hereunder must be accompanied by the... circumstances under which the damage or loss occurred. This statement shall also include: (i) A description of...

  8. 32 CFR 536.138 - Claims not payable under the Foreign Claims Act.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... solely on compassionate grounds; (e) Is a bastardy claim for child support expenses; (f) Is for any item... Department of Defense (DOD) directives, such as illegal war trophies. (g) Is for rent, damage, or other... damage, or personal injury or death caused by inhabitants of unfriendly foreign countries or by...

  9. 32 CFR 536.138 - Claims not payable under the Foreign Claims Act.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... solely on compassionate grounds; (e) Is a bastardy claim for child support expenses; (f) Is for any item... Department of Defense (DOD) directives, such as illegal war trophies. (g) Is for rent, damage, or other... damage, or personal injury or death caused by inhabitants of unfriendly foreign countries or by...

  10. 32 CFR 536.138 - Claims not payable under the Foreign Claims Act.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... solely on compassionate grounds; (e) Is a bastardy claim for child support expenses; (f) Is for any item... Department of Defense (DOD) directives, such as illegal war trophies. (g) Is for rent, damage, or other... damage, or personal injury or death caused by inhabitants of unfriendly foreign countries or by...

  11. 32 CFR 536.138 - Claims not payable under the Foreign Claims Act.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... solely on compassionate grounds; (e) Is a bastardy claim for child support expenses; (f) Is for any item... Department of Defense (DOD) directives, such as illegal war trophies. (g) Is for rent, damage, or other... damage, or personal injury or death caused by inhabitants of unfriendly foreign countries or by...

  12. 32 CFR 536.138 - Claims not payable under the Foreign Claims Act.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... solely on compassionate grounds; (e) Is a bastardy claim for child support expenses; (f) Is for any item... Department of Defense (DOD) directives, such as illegal war trophies. (g) Is for rent, damage, or other... damage, or personal injury or death caused by inhabitants of unfriendly foreign countries or by...

  13. 29 CFR 15.22 - Allowable claims.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... claimant is a civilian employee who is a local inhabitant; or (iii) Any warehouse, office, working area or...) Mobile homes. Claims may be allowed for damage to, or loss of, mobile homes and their contents under the provisions of paragraph (c)(2) of this section. Claims for structural damage to mobile homes, other than that...

  14. 32 CFR 750.48 - Measure of damages in injury or death cases.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 5 2011-07-01 2011-07-01 false Measure of damages in injury or death cases. 750... GENERAL CLAIMS REGULATIONS Military Claims Act § 750.48 Measure of damages in injury or death cases. (a... possessions, determine the measure of damages under the law of the location where the injury arises. (b) Where...

  15. 32 CFR 750.48 - Measure of damages in injury or death cases.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 32 National Defense 5 2012-07-01 2012-07-01 false Measure of damages in injury or death cases. 750... GENERAL CLAIMS REGULATIONS Military Claims Act § 750.48 Measure of damages in injury or death cases. (a... possessions, determine the measure of damages under the law of the location where the injury arises. (b) Where...

  16. 32 CFR 750.48 - Measure of damages in injury or death cases.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 32 National Defense 5 2014-07-01 2014-07-01 false Measure of damages in injury or death cases. 750... GENERAL CLAIMS REGULATIONS Military Claims Act § 750.48 Measure of damages in injury or death cases. (a... possessions, determine the measure of damages under the law of the location where the injury arises. (b) Where...

  17. 32 CFR 750.48 - Measure of damages in injury or death cases.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 32 National Defense 5 2013-07-01 2013-07-01 false Measure of damages in injury or death cases. 750... GENERAL CLAIMS REGULATIONS Military Claims Act § 750.48 Measure of damages in injury or death cases. (a... possessions, determine the measure of damages under the law of the location where the injury arises. (b) Where...

  18. 32 CFR 750.48 - Measure of damages in injury or death cases.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Measure of damages in injury or death cases. 750... GENERAL CLAIMS REGULATIONS Military Claims Act § 750.48 Measure of damages in injury or death cases. (a... possessions, determine the measure of damages under the law of the location where the injury arises. (b) Where...

  19. 32 CFR 751.7 - Claims not payable.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ...) Loss or damage to property to the extent of any available insurance coverage. Except for claims for loss or damage to household goods or privately-owned vehicles (POVS) while shipped or stored at... quality. (h) Loss or damage to property due to negligence of the claimant. Negligence is a failure to...

  20. 38 CFR 14.665 - Claims.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... employee suffering the loss or damage, or in the event of his or her death, by the surviving spouse, children, father or mother or both, or brothers or sisters or both. Claims of survivors shall be settled... loss or damage occurred and the circumstances surrounding such loss or damage, together with the...

  1. 32 CFR 751.7 - Claims not payable.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ...) Loss or damage to property to the extent of any available insurance coverage. Except for claims for loss or damage to household goods or privately-owned vehicles (POVS) while shipped or stored at... quality. (h) Loss or damage to property due to negligence of the claimant. Negligence is a failure to...

  2. 38 CFR 14.665 - Claims.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... employee suffering the loss or damage, or in the event of his or her death, by the surviving spouse, children, father or mother or both, or brothers or sisters or both. Claims of survivors shall be settled... loss or damage occurred and the circumstances surrounding such loss or damage, together with the...

  3. 32 CFR 751.7 - Claims not payable.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ...) Loss or damage to property to the extent of any available insurance coverage. Except for claims for loss or damage to household goods or privately-owned vehicles (POVS) while shipped or stored at... quality. (h) Loss or damage to property due to negligence of the claimant. Negligence is a failure to...

  4. 38 CFR 14.665 - Claims.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... employee suffering the loss or damage, or in the event of his or her death, by the surviving spouse, children, father or mother or both, or brothers or sisters or both. Claims of survivors shall be settled... loss or damage occurred and the circumstances surrounding such loss or damage, together with the...

  5. 38 CFR 14.665 - Claims.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... employee suffering the loss or damage, or in the event of his or her death, by the surviving spouse, children, father or mother or both, or brothers or sisters or both. Claims of survivors shall be settled... loss or damage occurred and the circumstances surrounding such loss or damage, together with the...

  6. 32 CFR 751.7 - Claims not payable.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ...) Loss or damage to property to the extent of any available insurance coverage. Except for claims for loss or damage to household goods or privately-owned vehicles (POVS) while shipped or stored at... quality. (h) Loss or damage to property due to negligence of the claimant. Negligence is a failure to...

  7. 32 CFR 751.7 - Claims not payable.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ...) Loss or damage to property to the extent of any available insurance coverage. Except for claims for loss or damage to household goods or privately-owned vehicles (POVS) while shipped or stored at... quality. (h) Loss or damage to property due to negligence of the claimant. Negligence is a failure to...

  8. 38 CFR 14.665 - Claims.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... employee suffering the loss or damage, or in the event of his or her death, by the surviving spouse, children, father or mother or both, or brothers or sisters or both. Claims of survivors shall be settled... loss or damage occurred and the circumstances surrounding such loss or damage, together with the...

  9. 20 CFR 429.202 - How do I file a claim under this subpart?

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... files the claim, the order of precedence for filing is spouse, child, parent, sibling. (2) You may not... surrounding the loss or damage, and the value of the property. Your claim must include the following: (1) A written statement, signed by you or your authorized agent, explaining how the damage or loss occurred...

  10. 7 CFR 1499.10 - Claims for damage to or loss of commodities.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ....10 Claims for damage to or loss of commodities. (a) FAS will be responsible for claims arising out of... collections pursuant to commercial insurance contracts; and (2) Notifying FAS immediately and providing... § 1499.9(e)(1). (e) If FAS determines that a participant is not exercising due diligence in the pursuit...

  11. 7 CFR 1499.10 - Claims for damage to or loss of commodities.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ....10 Claims for damage to or loss of commodities. (a) FAS will be responsible for claims arising out of... collections pursuant to commercial insurance contracts; and (2) Notifying FAS immediately and providing... § 1499.9(e)(1). (e) If FAS determines that a participant is not exercising due diligence in the pursuit...

  12. Litigation related to anaesthesia: an analysis of claims against the NHS in England 1995-2007.

    PubMed

    Cook, T M; Bland, L; Mihai, R; Scott, S

    2009-07-01

    The distribution of medico-legal claims in English anaesthetic practice is unreported. We studied National Health Service Litigation Authority claims related to anaesthesia since 1995. All claims were reviewed by three clinicians and variously categorised, including by type of incident, claimed outcome and cost. Anaesthesia-related claims account for 2.5% of all claims and 2.4% of the value of all claims. Of 841 relevant claims 366 (44%) were related to regional anaesthesia, 245 (29%) obstetric anaesthesia, 164 (20%) inadequate anaesthesia, 95 (11%) dental damage, 71 (8%) airway (excluding dental damage), 63 (7%) drug related (excluding allergy), 31 (4%) drug allergy related, 31 (4%) positioning, 29 (3%) respiratory, 26 (3%) consent, 21 (2%) central venous cannulation and 18 (2%) peripheral venous cannulation. Defining which cases are, from a medico-legal viewpoint, 'high risk' is uncertain, but the clinical categories with the largest number of claims were regional anaesthesia, obstetric anaesthesia, inadequate anaesthesia, dental damage and airway, those with the highest overall cost were regional anaesthesia, obstetric anaesthesia, and airway and those with the highest mean cost per closed claim were respiratory, central venous cannulation and drug error excluding allergy. The data currently available have limitations but offer useful information. A closed claims analysis similar to that in the USA would improve the clinical usefulness of analysis.

  13. Court Disallows Damage Claims

    ERIC Educational Resources Information Center

    Tomson, Bernard; Coplan, Norman

    1976-01-01

    In rejecting claims for damages, the Court finds that contract's "increase or decrease of cost" language is not applicable to added overhead costs and loss of labor efficiency resulting from delays over which the contractor has no control. (Author)

  14. 32 CFR 842.147 - When authorized.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... where all of the following exist: (a) The potential claimant could file a valid claim for property damage or personal injury under the Military Claims, Foreign Claims, or National Guard Claims Acts. (b...

  15. 32 CFR 842.5 - Claims forms.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... certain is sufficient to file a claim. The claimant should use these forms when filing a claim: (a) Claim... of or Damage to Personal Property Incident to Service, or DD Forms 1842, Claim for Personal Property Against the United States, and 1844, Schedule of Property and Claim Analysis Chart, to file the claim. (b...

  16. 32 CFR 842.5 - Claims forms.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... certain is sufficient to file a claim. The claimant should use these forms when filing a claim: (a) Claim... of or Damage to Personal Property Incident to Service, or DD Forms 1842, Claim for Personal Property Against the United States, and 1844, Schedule of Property and Claim Analysis Chart, to file the claim. (b...

  17. 32 CFR 842.92 - Scope of this subpart.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... ADMINISTRATIVE CLAIMS Property Damage Tort Claims in Favor of the United States (31 U.S.C. 3701, 3711-3719) § 842... damage to or loss or destruction of government property through negligence or wrongful act. It does not...

  18. 32 CFR 842.95 - Non-assertable claims.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... ADMINISTRATIVE CLAIMS Property Damage Tort Claims in Favor of the United States (31 U.S.C. 3701, 3711-3719) § 842...) Reimbursement for military or civilian employees for their negligence claims paid by the United States. (b) Loss...

  19. 32 CFR 536.74 - Scope for claims under the Military Claims Act.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... (normally a resident) of the United States at the time of the incident giving rise to the claim. See § 536... AND ACCOUNTS CLAIMS AGAINST THE UNITED STATES Claims Cognizable Under the Military Claims Act § 536.74... claims against the United States for death or personal injury, or damage to, or loss or destruction of...

  20. 32 CFR 536.74 - Scope for claims under the Military Claims Act.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... (normally a resident) of the United States at the time of the incident giving rise to the claim. See § 536... AND ACCOUNTS CLAIMS AGAINST THE UNITED STATES Claims Cognizable Under the Military Claims Act § 536.74... claims against the United States for death or personal injury, or damage to, or loss or destruction of...

  1. Juries and Medical Malpractice Claims: Empirical Facts versus Myths

    PubMed Central

    2008-01-01

    Juries in medical malpractice trials are viewed as incompetent, antidoctor, irresponsible in awarding damages to patients, and casting a threatening shadow over the settlement process. Several decades of systematic empirical research yields little support for these claims. This article summarizes those findings. Doctors win about three cases of four that go to trial. Juries are skeptical about inflated claims. Jury verdicts on negligence are roughly similar to assessments made by medical experts and judges. Damage awards tend to correlate positively with the severity of injury. There are defensible reasons for large damage awards. Moreover, the largest awards are typically settled for much less than the verdicts. PMID:19002541

  2. 22 CFR 21.1 - Policy.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... decision. (h) Personal services contractors of the Department are considered employees for purposes of the... Department of State may settle or compromise a personal damages claim against an employee by the payment of available funds at any time, provided the alleged conduct giving rise to the personal damages claim was...

  3. 22 CFR 21.1 - Policy.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... decision. (h) Personal services contractors of the Department are considered employees for purposes of the... Department of State may settle or compromise a personal damages claim against an employee by the payment of available funds at any time, provided the alleged conduct giving rise to the personal damages claim was...

  4. 22 CFR 21.1 - Policy.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... decision. (h) Personal services contractors of the Department are considered employees for purposes of the... Department of State may settle or compromise a personal damages claim against an employee by the payment of available funds at any time, provided the alleged conduct giving rise to the personal damages claim was...

  5. 32 CFR 751.6 - Claims payable.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... (JFTR), rather than as a loss incident to service. (d) Mobile homes and contents in shipment. Claims for damage to mobile homes and contents in shipment are payable unless the damage was caused by structural or mechanical defects or by the claimant's negligence in securing the mobile home or packing its contents. (e...

  6. 32 CFR 751.6 - Claims payable.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... (JFTR), rather than as a loss incident to service. (d) Mobile homes and contents in shipment. Claims for damage to mobile homes and contents in shipment are payable unless the damage was caused by structural or mechanical defects or by the claimant's negligence in securing the mobile home or packing its contents. (e...

  7. 32 CFR 842.43 - Filing a claim.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... completed Standard Form 95 or other signed and written demand for money damages in a sum certain. A claim... Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE CLAIMS AND LITIGATION ADMINISTRATIVE... amend a claim at any time prior to final action. To amend a claim, the claimant or his or her authorized...

  8. 32 CFR 757.18 - Asserting the claim.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... there is no prescribed form or content for investigating these claims, the claims file will contain...'s claim as an item of special damages with the injured person's claim or suit. (ii) An agreement... through the injured person against the liable third person or brings an original suit in its own name or...

  9. 32 CFR 757.18 - Asserting the claim.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... there is no prescribed form or content for investigating these claims, the claims file will contain...'s claim as an item of special damages with the injured person's claim or suit. (ii) An agreement... through the injured person against the liable third person or brings an original suit in its own name or...

  10. 32 CFR 757.18 - Asserting the claim.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... there is no prescribed form or content for investigating these claims, the claims file will contain...'s claim as an item of special damages with the injured person's claim or suit. (ii) An agreement... through the injured person against the liable third person or brings an original suit in its own name or...

  11. 32 CFR 757.18 - Asserting the claim.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... there is no prescribed form or content for investigating these claims, the claims file will contain...'s claim as an item of special damages with the injured person's claim or suit. (ii) An agreement... through the injured person against the liable third person or brings an original suit in its own name or...

  12. 20 CFR 429.103 - Who may file my claim?

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... representative may file the claim. (b) Claims for personal injury. If you suffered the injury, you, your duly... 20 Employees' Benefits 2 2011-04-01 2011-04-01 false Who may file my claim? 429.103 Section 429... Who may file my claim? (a) Claims for damage to or loss of property. If you are the owner of the...

  13. 28 CFR 543.32 - Processing the claim.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ..., Central Office for their review. (f) Will appreciation or depreciation be considered? Yes. Staff will consider appreciation or depreciation of lost or damaged property in settling a claim. (g) If my claim is...

  14. 14 CFR 1274.941 - Insurance and indemnification.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... notify the Agreement Officer of any third party claim or suit against the Recipient, one of its related... damages resulting from covered activities; (2) Furnish evidence or proof of any such claim, suit or damages, in the form required by NASA; and (3) Immediately furnish to NASA, or its designee, copies of all...

  15. 14 CFR § 1274.941 - Insurance and indemnification.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... notify the Agreement Officer of any third party claim or suit against the Recipient, one of its related... damages resulting from covered activities; (2) Furnish evidence or proof of any such claim, suit or damages, in the form required by NASA; and (3) Immediately furnish to NASA, or its designee, copies of all...

  16. 14 CFR 1274.941 - Insurance and indemnification.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... notify the Agreement Officer of any third party claim or suit against the Recipient, one of its related... damages resulting from covered activities; (2) Furnish evidence or proof of any such claim, suit or damages, in the form required by NASA; and (3) Immediately furnish to NASA, or its designee, copies of all...

  17. 14 CFR 1274.941 - Insurance and indemnification.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... notify the Agreement Officer of any third party claim or suit against the Recipient, one of its related... damages resulting from covered activities; (2) Furnish evidence or proof of any such claim, suit or damages, in the form required by NASA; and (3) Immediately furnish to NASA, or its designee, copies of all...

  18. 32 CFR 842.46 - Who may file a claim.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... property or their authorized agents may file claims for property damage. (b) Injured persons or their duly authorized agents may file claims for personal injury. (c) Duly appointed guardians of minor children or any...

  19. 32 CFR 842.46 - Who may file a claim.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... property or their authorized agents may file claims for property damage. (b) Injured persons or their duly authorized agents may file claims for personal injury. (c) Duly appointed guardians of minor children or any...

  20. 32 CFR 842.46 - Who may file a claim.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... property or their authorized agents may file claims for property damage. (b) Injured persons or their duly authorized agents may file claims for personal injury. (c) Duly appointed guardians of minor children or any...

  1. 32 CFR 842.46 - Who may file a claim.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... property or their authorized agents may file claims for property damage. (b) Injured persons or their duly authorized agents may file claims for personal injury. (c) Duly appointed guardians of minor children or any...

  2. 32 CFR 842.46 - Who may file a claim.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... property or their authorized agents may file claims for property damage. (b) Injured persons or their duly authorized agents may file claims for personal injury. (c) Duly appointed guardians of minor children or any...

  3. 32 CFR 752.1 - Scope.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 32 National Defense 5 2012-07-01 2012-07-01 false Scope. 752.1 Section 752.1 National Defense Department of Defense (Continued) DEPARTMENT OF THE NAVY CLAIMS ADMIRALTY CLAIMS § 752.1 Scope. This part applies to admiralty-tort claims. These include claims against the United States for damage caused by a...

  4. 49 CFR 579.23 - Reporting requirements for manufacturers of 5,000 or more motorcycles annually.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... claims, consumer complaints, warranty claims, and field reports which involve the systems and components..., consumer complaints, warranty claims, or field reports, respectively, that involves the systems or components or fire indicated by the code. If an underlying property damage claim, consumer complaint...

  5. 49 CFR 579.23 - Reporting requirements for manufacturers of 5,000 or more motorcycles annually.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... claims, consumer complaints, warranty claims, and field reports which involve the systems and components..., consumer complaints, warranty claims, or field reports, respectively, that involves the systems or components or fire indicated by the code. If an underlying property damage claim, consumer complaint...

  6. 49 CFR 579.23 - Reporting requirements for manufacturers of 5,000 or more motorcycles annually.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... claims, consumer complaints, warranty claims, and field reports which involve the systems and components..., consumer complaints, warranty claims, or field reports, respectively, that involves the systems or components or fire indicated by the code. If an underlying property damage claim, consumer complaint...

  7. 32 CFR 842.76 - Filing a claim.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... by a demand for money damages in a sum certain. A claim incorrectly presented to the Air Force will... Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE CLAIMS AND LITIGATION ADMINISTRATIVE.... A claim has been filed when a federal agency receives from a claimant or the claimant's duly...

  8. 20 CFR 670.905 - Are damages that occur to private parties at Job Corps Centers eligible for reimbursement under...

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... Job Corps Centers eligible for reimbursement under the Tort Claims Act? 670.905 Section 670.905... occur to private parties at Job Corps Centers eligible for reimbursement under the Tort Claims Act? (a... determine if the claim is valid under the Tort Claims Act. If the Regional Solicitor determines a claim is...

  9. 20 CFR 429.202 - How do I file a claim under this subpart?

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... files the claim, the order of precedence for filing is spouse, child, parent, sibling. (2) You may not... responsible for proving ownership or possession, the facts surrounding the loss or damage, and the value of... authorized agent, explaining how the damage or loss occurred. This statement must also include: (i) A...

  10. 20 CFR 429.202 - How do I file a claim under this subpart?

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... files the claim, the order of precedence for filing is spouse, child, parent, sibling. (2) You may not... responsible for proving ownership or possession, the facts surrounding the loss or damage, and the value of... authorized agent, explaining how the damage or loss occurred. This statement must also include: (i) A...

  11. 20 CFR 429.202 - How do I file a claim under this subpart?

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... files the claim, the order of precedence for filing is spouse, child, parent, sibling. (2) You may not... responsible for proving ownership or possession, the facts surrounding the loss or damage, and the value of... authorized agent, explaining how the damage or loss occurred. This statement must also include: (i) A...

  12. 20 CFR 429.202 - How do I file a claim under this subpart?

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... files the claim, the order of precedence for filing is spouse, child, parent, sibling. (2) You may not... responsible for proving ownership or possession, the facts surrounding the loss or damage, and the value of... authorized agent, explaining how the damage or loss occurred. This statement must also include: (i) A...

  13. 32 CFR 536.120 - Claims payable as maritime claims.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ...) Damage to a wharf, pier, jetty, fishing net, farm facilities or other structures in, on, or adjacent to any body of water; (d) Damage or injury on land or on water arising under the AEA and allegedly due to... board an Army ship, boat, barge or other watercraft; and (f) Crash into water of an Army aircraft. ...

  14. 7 CFR 1499.10 - Claims for damage to or loss of commodities.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... to or loss of commodities. (a) FAS will be responsible for claims arising out of damage to or loss of... commercial insurance contracts; and (2) Notifying FAS immediately and providing detailed information about..., less any funds generated if such commodities are sold in accordance with § 1499.9(e)(1). (e) If FAS...

  15. 7 CFR 1499.10 - Claims for damage to or loss of commodities.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... to or loss of commodities. (a) FAS will be responsible for claims arising out of damage to or loss of... commercial insurance contracts; and (2) Notifying FAS immediately and providing detailed information about..., less any funds generated if such commodities are sold in accordance with § 1499.9(e)(1). (e) If FAS...

  16. 7 CFR 1499.10 - Claims for damage to or loss of commodities.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... to or loss of commodities. (a) FAS will be responsible for claims arising out of damage to or loss of... commercial insurance contracts; and (2) Notifying FAS immediately and providing detailed information about..., less any funds generated if such commodities are sold in accordance with § 1499.9(e)(1). (e) If FAS...

  17. 32 CFR 536.50 - Determination of damages-applicable law.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... ACCOUNTS CLAIMS AGAINST THE UNITED STATES Investigation and Processing of Claims § 536.50 Determination of... giving rise to the claim occurred, including choice of law rules, is applicable. Therefore, the law of... claims accruing on or after September 1, 1995. The law of the place of the incident giving rise to the...

  18. 32 CFR 536.120 - Claims payable as maritime claims.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... claim is cognizable under this subpart if it arises in or on a maritime location, involves some... scope of employment. This class of claims includes, but is not limited to: (a) Damage to a ship, boat, barge, or other watercraft; (b) An injury that involves a ship, boat, barge, or other watercraft; (c...

  19. 32 CFR 536.120 - Claims payable as maritime claims.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... claim is cognizable under this subpart if it arises in or on a maritime location, involves some... scope of employment. This class of claims includes, but is not limited to: (a) Damage to a ship, boat, barge, or other watercraft; (b) An injury that involves a ship, boat, barge, or other watercraft; (c...

  20. 32 CFR 536.120 - Claims payable as maritime claims.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... claim is cognizable under this subpart if it arises in or on a maritime location, involves some... scope of employment. This class of claims includes, but is not limited to: (a) Damage to a ship, boat, barge, or other watercraft; (b) An injury that involves a ship, boat, barge, or other watercraft; (c...

  1. 49 CFR 579.23 - Reporting requirements for manufacturers of 5,000 or more motorcycles annually.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... the report with a limit of five codes to be included. (c) Numbers of property damage claims, consumer... claims, consumer complaints, warranty claims, and field reports which involve the systems and components..., consumer complaints, warranty claims, or field reports, respectively, that involves the systems or...

  2. 49 CFR 370.9 - Disposition of claims.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... Transportation Other Regulations Relating to Transportation (Continued) FEDERAL MOTOR CARRIER SAFETY... delay to property transported shall pay, decline, or make a firm compromise settlement offer in writing... the lost or damaged item as a base to apply a depreciation factor to arrive at the current actual...

  3. 20 CFR 670.900 - Are damages caused by students eligible for reimbursement under the Tort Claims Act?

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... the Tort Claims Act? Yes, Students are considered Federal employees for purposes of the Tort Claims... sent to the Associate Solicitor for Employee Benefits, U.S. Department of Labor, 200 Constitution...

  4. Development of vulnerability curves to typhoon hazards based on insurance policy and claim dataset

    NASA Astrophysics Data System (ADS)

    Mo, Wanmei; Fang, Weihua; li, Xinze; Wu, Peng; Tong, Xingwei

    2016-04-01

    Vulnerability refers to the characteristics and circumstances of an exposure that make it vulnerable to the effects of some certain hazards. It can be divided into physical vulnerability, social vulnerability, economic vulnerabilities and environmental vulnerability. Physical vulnerability indicates the potential physical damage of exposure caused by natural hazards. Vulnerability curves, quantifying the loss ratio against hazard intensity with a horizontal axis for the intensity and a vertical axis for the Mean Damage Ratio (MDR), is essential to the vulnerability assessment and quantitative evaluation of disasters. Fragility refers to the probability of diverse damage states under different hazard intensity, revealing a kind of characteristic of the exposure. Fragility curves are often used to quantify the probability of a given set of exposure at or exceeding a certain damage state. The development of quantitative fragility and vulnerability curves is the basis of catastrophe modeling. Generally, methods for quantitative fragility and vulnerability assessment can be categorized into empirical, analytical and expert opinion or judgment-based ones. Empirical method is one of the most popular methods and it relies heavily on the availability and quality of historical hazard and loss dataset, which has always been a great challenge. Analytical method is usually based on the engineering experiments and it is time-consuming and lacks built-in validation, so its credibility is also sometimes criticized widely. Expert opinion or judgment-based method is quite effective in the absence of data but the results could be too subjective so that the uncertainty is likely to be underestimated. In this study, we will present the fragility and vulnerability curves developed with empirical method based on simulated historical typhoon wind, rainfall and induced flood, and insurance policy and claim datasets of more than 100 historical typhoon events. Firstly, an insurance exposure classification system is built according to structure type, occupation type and insurance coverage. Then MDR estimation method based on considering insurance policy structure and claim information is proposed and validated. Following that, fragility and vulnerability curves of the major exposure types for construction, homeowner insurance and enterprise property insurance are fitted with empirical function based on the historical dataset. The results of this study can not only help understand catastrophe risk and mange insured disaster risks, but can also be applied in other disaster risk reduction efforts.

  5. Judicial Precedent-Based Clinical Practice Guidelines of Propofol in Sedative Esthetic Surgery.

    PubMed

    Lee, Duk Hee; Woo, Joo Hyun; Hong, Seung Eun

    2018-06-01

    Propofol is has been widely used for sedation in the field of esthetic surgery because of its favorable pharmacokinetic profile. Propofol sedation-induced side effects are rare. However, when present, they can be serious. The number of malpractice claims associated with propofol sedation has increased in recent years. This study aims to show which procedures lead to the most claims in the field of esthetic surgery through a review of Korean precedents. Thirteen precedent cases of propofol sedation in the field of esthetic surgery were collected between 2000 and 2016. We analyzed the type of procedure, administration route, anesthesia provider, complications, timing of damaging events, average indemnification, plaintiff's (patients) winning rate, ratio and the reason of limitation of liability and the key factors affecting the judgement in these cases. Most plaintiffs were women, and in most cases (11/13, 73.3%), the times of the damaging events were in maintenance and the anesthesia provider was the surgeon. The most common complication related to propofol sedation was hypoxic brain damage. Among the 13 cases, 12 were won by the plaintiff. The mean claim settlement was 339,455,814 KRW (USD 301,792.15). The key factors affecting the judgement were administration method and staff, monitoring method, preparation of emergency kit, response to emergencies, transfer to a higher-level hospital, detailed medical recording about event and informed consent. The number of claims owing to propofol sedation after esthetic surgery is increasing. Close monitoring during the operation, immediate reaction to an event and thorough medical records were main key factors that influenced the judgement. Preoperative explanation about the possibility of complications was important. The findings will help surgeons achieve high patient satisfaction and reduce liability concerns. This journal requires that authors assign a level of evidence to each article. For a full description of these Evidence-Based Medicine ratings, please refer to the Table of Contents or the online Instructions to Authors www.springer.com/00266 .

  6. 14 CFR 1261.308 - NASA officials authorized to act upon claims.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 14 Aeronautics and Space 5 2011-01-01 2010-01-01 true NASA officials authorized to act upon claims... PROCESSING OF MONETARY CLAIMS (GENERAL) Claims Against NASA or Its Employees for Damage to or Loss of Property or Personal Injury or Death-Accruing On or After January 18, 1967 § 1261.308 NASA officials...

  7. The misidentification syndromes as mindreading disorders.

    PubMed

    Hirstein, William

    2010-01-01

    The patient with Capgras' syndrome claims that people very familiar to him have been replaced by impostors. I argue that this disorder is due to the destruction of a representation that the patient has of the mind of the familiar person. This creates the appearance of a familiar body and face, but without the familiar personality, beliefs, and thoughts. The posterior site of damage in Capgras' is often reported to be the temporoparietal junction, an area that has a role in the mindreading system, a connected system of cortical areas that allow us to attribute mental states to others. Just as the Capgras' patient claims that that man is not his father, the patient with asomatognosia claims that his arm is not really his. A similar account applies here, in that a nearby brain area, the supramarginal gyrus, is damaged. This area works in concert with the temporoparietal junction and other areas to produce a large representation of a mind inside a body situated in an environment. Damage to the mind-representing part of this system (coupled with damage to executive processes in the prefrontal lobes) causes Capgras' syndrome, whereas damage to the body-representing part of this system (also coupled with executive damage) causes asomatognosia.

  8. 29 CFR 15.200 - What is a claim under the MPCECA and who may file such a claim?

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... claim under the MPCECA for damage or loss is allowable only if the property involved was being used..., children, parent, brother or sister or the authorized agent or legal representative of such person or...

  9. 29 CFR 15.200 - What is a claim under the MPCECA and who may file such a claim?

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... claim under the MPCECA for damage or loss is allowable only if the property involved was being used..., children, parent, brother or sister or the authorized agent or legal representative of such person or...

  10. The impact of tort reform and quality improvements on medical liability claims: a tale of 2 States.

    PubMed

    Illingworth, Kenneth D; Shaha, Steven H; Tzeng, Tony H; Sinha, Michael S; Saleh, Khaled J

    2015-05-01

    The purpose of this study was to determine the effect of tort reform and quality improvement measures on medical liability claims in 2 groups of hospitals within the same multihospital organization: one in Texas, which implemented medical liability tort reform caps on noneconomic damages in 2003, and one in Louisiana, which did not undergo significant tort reform during the same time period. Significant reduction in medical liability claims per quarter in Texas was found after tort reform implementation (7.27 to 1.4; P<.05). A significant correlation was found between the increase in mean Centers for Medicare & Medicaid Services performance score and the decrease in the frequency of claims observed in Louisiana (P<.05). Although tort reform caps on noneconomic damages in Texas caused the largest initial decrease, increasing quality improvement measures without increasing financial burden also decreased liability claims in Louisiana. Uniquely, this study showed that increasing patient quality resulted in decreased medical liability claims. © 2014 by the American College of Medical Quality.

  11. 29 CFR 15.4 - Administrative claim; where to file.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Administrative claim; where to file. 15.4 Section 15.4 Labor... to file. (a) For the purposes of this subpart, a claim shall be deemed to have been presented when... accompanied by a claim for money damages in a sum certain for injury to or loss of property or personal injury...

  12. Bundled automobile insurance coverage and accidents.

    PubMed

    Li, Chu-Shiu; Liu, Chwen-Chi; Peng, Sheng-Chang

    2013-01-01

    This paper investigates the characteristics of automobile accidents by taking into account two types of automobile insurance coverage: comprehensive vehicle physical damage insurance and voluntary third-party liability insurance. By using a unique data set in the Taiwanese automobile insurance market, we explore the bundled automobile insurance coverage and the occurrence of claims. It is shown that vehicle physical damage insurance is the major automobile coverage and affects the decision to purchase voluntary liability insurance coverage as a complement. Moreover, policyholders with high vehicle physical damage insurance coverage have a significantly higher probability of filing vehicle damage claims, and if they additionally purchase low voluntary liability insurance coverage, their accident claims probability is higher than those who purchase high voluntary liability insurance coverage. Our empirical results reveal that additional automobile insurance coverage information can capture more driver characteristics and driving behaviors to provide useful information for insurers' underwriting policies and to help analyze the occurrence of automobile accidents. Copyright © 2012 Elsevier Ltd. All rights reserved.

  13. Analysis of professional malpractice claims in implant dentistry in Italy from insurance company technical reports, 2006 to 2010.

    PubMed

    Pinchi, Vilma; Varvara, Giuseppe; Pradella, Francesco; Focardi, Martina; Donati, Michele D; Norelli, Gianaristide

    2014-01-01

    The aim of the study was to analyze the characteristics of implant dentistry claims in Italy based on insurance company technical reports for malpractice claims. One hundred twenty-one technical reports of cases of professional malpractice in implant dentistry between 2006 and 2010 were included in the study. Data included the sex and age of the patient and dentist, the kind of negligence claimed, and the damages awarded as a consequence of the alleged misconduct. Of the cases examined in this study, 9.9% went to court. The patients were female in 73.6% of the cases. Most of the technical errors were committed during implant insertion (82.6%). In 50.4% of cases, the technical error involved the surrounding structures, such as damage to the inferior alveolar nerve (32.2%) or the lingual nerve (2.5%), invasion of the maxillary sinus (9.1%), or pulpal dental necrosis in adjacent teeth (6.6%). Incomplete clinical documentation was apparent in 54.5% of cases. In 9.9% of cases, a civil suit had already been filed before a visit, and medicolegal advice from the insurance expert had been procured. The discrepancy between the total number of cases examined and those that went to court indicates that implant malpractice claims in Italy are most often settled out of court. The large number of intraoperative errors seen and the high proportion of injuries to surrounding structures suggest that implant dentists would benefit from further specific training. Also, clinical documentation vital to a defense against any claims relating to professional misconduct was incomplete or absent in more than half of the cases.

  14. 44 CFR 11.76 - Claims procedures.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... applicable case enumerated in § 11.73(c)(8). (h) Money. Claims for loss of money deposited for safekeeping... person or persons who received money and any others involved; (2) Name and designation of the authority... claimant. (i) Motor vehicles or mobile homes in transit. Claims for damage to motor vehicles or mobile...

  15. 44 CFR 11.76 - Claims procedures.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... applicable case enumerated in § 11.73(c)(8). (h) Money. Claims for loss of money deposited for safekeeping... person or persons who received money and any others involved; (2) Name and designation of the authority... claimant. (i) Motor vehicles or mobile homes in transit. Claims for damage to motor vehicles or mobile...

  16. 44 CFR 11.76 - Claims procedures.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... applicable case enumerated in § 11.73(c)(8). (h) Money. Claims for loss of money deposited for safekeeping... person or persons who received money and any others involved; (2) Name and designation of the authority... claimant. (i) Motor vehicles or mobile homes in transit. Claims for damage to motor vehicles or mobile...

  17. 44 CFR 11.76 - Claims procedures.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... applicable case enumerated in § 11.73(c)(8). (h) Money. Claims for loss of money deposited for safekeeping... person or persons who received money and any others involved; (2) Name and designation of the authority... claimant. (i) Motor vehicles or mobile homes in transit. Claims for damage to motor vehicles or mobile...

  18. 44 CFR 11.76 - Claims procedures.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... applicable case enumerated in § 11.73(c)(8). (h) Money. Claims for loss of money deposited for safekeeping... person or persons who received money and any others involved; (2) Name and designation of the authority... claimant. (i) Motor vehicles or mobile homes in transit. Claims for damage to motor vehicles or mobile...

  19. 32 CFR 536.34 - Determination of correct statute.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... technical review. The sole exception to this rule is when a similar claim is filed citing the same time... exhaustion of any other remedy under the Government Travel Card Program or the Surface Deployment and... state authorities for action. (m) Real estate claims. Claims for rent, damage, or other payments...

  20. Army Operational Noise Management Program Review: A Briefing Book

    DTIC Science & Technology

    1999-04-01

    related bills in the 104th Congress, eclipsing all other environmental issues in this session. 4. Political intervention , complaints, and damage claims...Lee McCoy Atterbury Sill Rucker Polk Knox Columbus MSA GA Burlington County NJ Prince Georges VA Bartholomew County IN Comanche Co-Lawton...damage claims, litigation, and political intervention are the stages through which Army noise i problems currently evolve Complaints can go into lull

  1. 32 CFR 536.76 - Claims not payable under the Military Claims Act.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... which was in violation of DA directives, such as illegal war trophies. (e) Claims for rent, damage, or... therein by and for the Department of the Army (DA) or Department of Defense (DOD). See § 536.34(m) and paragraph 2-15m of DA Pam 27-162. (f) Claims not in the best interests of the United States, contrary to...

  2. Do abnormal responses show utilitarian bias?

    PubMed

    Kahane, Guy; Shackel, Nicholas

    2008-03-20

    Neuroscience has recently turned to the study of utilitarian and non-utilitarian moral judgement. Koenigs et al. examine the responses of normal subjects and those with ventromedial-prefrontal-cortex (VMPC) damage to moral scenarios drawn from functional magnetic resonance imaging studies by Greene et al., and claim that patients with VMPC damage have an abnormally "utilitarian" pattern of moral judgement. It is crucial to the claims of Koenigs et al. that the scenarios of Greene et al. pose a conflict between utilitarian consequence and duty: however, many of them do not meet this condition. Because of this methodological problem, it is too early to claim that VMPC patients have a utilitarian bias.

  3. Faculty Conceptualizations of Global Service-Learning: Envisioning Change, Doing Damage, and the Role of Identity

    ERIC Educational Resources Information Center

    Arends, Jessica Hope

    2014-01-01

    In higher education, the number of service-based courses and student experiences has increased considerably over the past few years, especially those with the purpose of developing global citizenship skills (Bringle, Hatcher, & Jones, 2010; Hunter, White, & Godbey, 2006). Indeed, advocates claim that service-learning facilitates two…

  4. 33 CFR 25.113 - Contents of claim.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... identity of the department, agency, or activity whose act or omission gave rise to the claim; (2) The full... claimant shall also include residence address; (3) The date, time, and place of the incident giving rise to... claim; (6) A description of any property damage or loss, including the identity of the owner, if other...

  5. 49 CFR 579.23 - Reporting requirements for manufacturers of 5,000 or more motorcycles annually.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ..., 10 power train, 11 electrical, 12 exterior lighting, 16 structure,18 vehicle speed control, 19 tires... complaints, warranty claims, and field reports. Separate reports on the numbers of those property damage claims, consumer complaints, warranty claims, and field reports which involve the systems and components...

  6. 49 CFR 1037.3 - Claims.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... GENERAL RULES AND REGULATIONS BULK GRAIN AND GRAIN PRODUCTS-LOSS AND DAMAGE CLAIMS § 1037.3 Claims. (a) In computing the amount of the loss for which the carrier will pay there will be deducted from the gross amount of the ascertained actual loss one-fourth of 1 percent of the established loading weight to cover...

  7. 30 CFR 553.60 - To whom may I present a claim?

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 30 Mineral Resources 2 2014-07-01 2014-07-01 false To whom may I present a claim? 553.60 Section 553.60 Mineral Resources BUREAU OF OCEAN ENERGY MANAGEMENT, DEPARTMENT OF THE INTERIOR OFFSHORE OIL SPILL FINANCIAL RESPONSIBILITY FOR OFFSHORE FACILITIES Claims for Oil-Spill Removal Costs and Damages...

  8. 30 CFR 253.60 - To whom may I present a claim?

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 30 Mineral Resources 2 2010-07-01 2010-07-01 false To whom may I present a claim? 253.60 Section 253.60 Mineral Resources MINERALS MANAGEMENT SERVICE, DEPARTMENT OF THE INTERIOR OFFSHORE OIL SPILL FINANCIAL RESPONSIBILITY FOR OFFSHORE FACILITIES Claims for Oil-Spill Removal Costs and Damages § 253.60 To...

  9. 30 CFR 553.60 - To whom may I present a claim?

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 30 Mineral Resources 2 2013-07-01 2013-07-01 false To whom may I present a claim? 553.60 Section 553.60 Mineral Resources BUREAU OF OCEAN ENERGY MANAGEMENT, DEPARTMENT OF THE INTERIOR OFFSHORE OIL SPILL FINANCIAL RESPONSIBILITY FOR OFFSHORE FACILITIES Claims for Oil-Spill Removal Costs and Damages...

  10. 30 CFR 553.60 - To whom may I present a claim?

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 30 Mineral Resources 2 2012-07-01 2012-07-01 false To whom may I present a claim? 553.60 Section 553.60 Mineral Resources BUREAU OF OCEAN ENERGY MANAGEMENT, DEPARTMENT OF THE INTERIOR OFFSHORE OIL SPILL FINANCIAL RESPONSIBILITY FOR OFFSHORE FACILITIES Claims for Oil-Spill Removal Costs and Damages...

  11. 32 CFR 842.118 - Assertable claims.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... it merits assertion. Claims for $150 or less need not be asserted; they should be asserted only if... party offers payment and demands a release from the United States before paying damages to the injured...

  12. 32 CFR 842.118 - Assertable claims.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... it merits assertion. Claims for $150 or less need not be asserted; they should be asserted only if... party offers payment and demands a release from the United States before paying damages to the injured...

  13. 36 CFR 9.51 - Damages and penalties.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 36 Parks, Forests, and Public Property 1 2014-07-01 2014-07-01 false Damages and penalties. 9.51... MINERALS MANAGEMENT Non-Federal Oil and Gas Rights § 9.51 Damages and penalties. (a) The operator shall be... employees from any damages or claims for injury or death of persons and damage or loss of property by any...

  14. 36 CFR 9.51 - Damages and penalties.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 36 Parks, Forests, and Public Property 1 2011-07-01 2011-07-01 false Damages and penalties. 9.51... MINERALS MANAGEMENT Non-Federal Oil and Gas Rights § 9.51 Damages and penalties. (a) The operator shall be... employees from any damages or claims for injury or death of persons and damage or loss of property by any...

  15. 36 CFR 9.51 - Damages and penalties.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 36 Parks, Forests, and Public Property 1 2012-07-01 2012-07-01 false Damages and penalties. 9.51... MINERALS MANAGEMENT Non-Federal Oil and Gas Rights § 9.51 Damages and penalties. (a) The operator shall be... employees from any damages or claims for injury or death of persons and damage or loss of property by any...

  16. 36 CFR 9.51 - Damages and penalties.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 36 Parks, Forests, and Public Property 1 2010-07-01 2010-07-01 false Damages and penalties. 9.51... MINERALS MANAGEMENT Non-Federal Oil and Gas Rights § 9.51 Damages and penalties. (a) The operator shall be... employees from any damages or claims for injury or death of persons and damage or loss of property by any...

  17. 36 CFR 9.51 - Damages and penalties.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 36 Parks, Forests, and Public Property 1 2013-07-01 2013-07-01 false Damages and penalties. 9.51... MINERALS MANAGEMENT Non-Federal Oil and Gas Rights § 9.51 Damages and penalties. (a) The operator shall be... employees from any damages or claims for injury or death of persons and damage or loss of property by any...

  18. 32 CFR 536.6 - The Army claims mission.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... potential claims incidents with a view to determining the degree of the Army's exposure to liability, the damage potential, and when the third party is at fault, whether the Army should take action to collect...

  19. 20 CFR 362.11 - Principal types of claims not allowable.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ...; (6) The personal property lost or damaged was food-stuffs or furniture; (b) Claims which will... (unless allowable under § 362.10); (4) Intangible property, such as bank books, checks, notes, stock...

  20. 29 CFR 15.5 - Administrative claim; evidence or information to substantiate.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... of a claim for personal injury, including pain and suffering, the claimant is required to submit the... or would cost the claimant to hire someone else to do the same work he or she was doing at the time... for such expenses. (7) If damages for pain and suffering prior to death are claimed, a physician's...

  1. 14 CFR 1261.308 - NASA officials authorized to act upon claims.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false NASA officials authorized to act upon... PROCESSING OF MONETARY CLAIMS (GENERAL) Claims Against NASA or Its Employees for Damage to or Loss of Property or Personal Injury or Death-Accruing On or After January 18, 1967 § 1261.308 NASA officials...

  2. 14 CFR § 1261.308 - NASA officials authorized to act upon claims.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 14 Aeronautics and Space 5 2014-01-01 2014-01-01 false NASA officials authorized to act upon... ADMINISTRATION PROCESSING OF MONETARY CLAIMS (GENERAL) Claims Against NASA or Its Employees for Damage to or Loss of Property or Personal Injury or Death-Accruing On or After January 18, 1967 § 1261.308 NASA...

  3. 14 CFR 1261.308 - NASA officials authorized to act upon claims.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 14 Aeronautics and Space 5 2012-01-01 2012-01-01 false NASA officials authorized to act upon... PROCESSING OF MONETARY CLAIMS (GENERAL) Claims Against NASA or Its Employees for Damage to or Loss of Property or Personal Injury or Death-Accruing On or After January 18, 1967 § 1261.308 NASA officials...

  4. 14 CFR 1261.308 - NASA officials authorized to act upon claims.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 14 Aeronautics and Space 5 2013-01-01 2013-01-01 false NASA officials authorized to act upon... PROCESSING OF MONETARY CLAIMS (GENERAL) Claims Against NASA or Its Employees for Damage to or Loss of Property or Personal Injury or Death-Accruing On or After January 18, 1967 § 1261.308 NASA officials...

  5. 24 CFR 17.42 - Time limitations.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Time limitations. 17.42 Section 17... ADMINISTRATIVE CLAIMS Claims Under the Military Personnel and Civilian Employees Claims Act of 1964 § 17.42 Time... at the time of the accident or incident causing the loss or damage, or at such time as the loss or...

  6. 24 CFR 17.42 - Time limitations.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 24 Housing and Urban Development 1 2014-04-01 2014-04-01 false Time limitations. 17.42 Section 17... ADMINISTRATIVE CLAIMS Claims Under the Military Personnel and Civilian Employees Claims Act of 1964 § 17.42 Time... at the time of the accident or incident causing the loss or damage, or at such time as the loss or...

  7. 24 CFR 17.42 - Time limitations.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 24 Housing and Urban Development 1 2013-04-01 2013-04-01 false Time limitations. 17.42 Section 17... ADMINISTRATIVE CLAIMS Claims Under the Military Personnel and Civilian Employees Claims Act of 1964 § 17.42 Time... at the time of the accident or incident causing the loss or damage, or at such time as the loss or...

  8. 24 CFR 17.42 - Time limitations.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 24 Housing and Urban Development 1 2012-04-01 2012-04-01 false Time limitations. 17.42 Section 17... ADMINISTRATIVE CLAIMS Claims Under the Military Personnel and Civilian Employees Claims Act of 1964 § 17.42 Time... at the time of the accident or incident causing the loss or damage, or at such time as the loss or...

  9. 24 CFR 17.42 - Time limitations.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 24 Housing and Urban Development 1 2011-04-01 2011-04-01 false Time limitations. 17.42 Section 17... ADMINISTRATIVE CLAIMS Claims Under the Military Personnel and Civilian Employees Claims Act of 1964 § 17.42 Time... at the time of the accident or incident causing the loss or damage, or at such time as the loss or...

  10. 41 CFR 102-117.190 - Where do I file a claim for loss or damage to property?

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 41 Public Contracts and Property Management 3 2012-01-01 2012-01-01 false Where do I file a claim... Management Federal Property Management Regulations System (Continued) FEDERAL MANAGEMENT REGULATION TRANSPORTATION 117-TRANSPORTATION MANAGEMENT Shipping Freight § 102-117.190 Where do I file a claim for loss or...

  11. 28 CFR 801.2 - Filing a claim.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... money damages against CSOSA or PSA if you believe that a CSOSA or PSA employee has injured you or has...? You should submit the claim (whether against CSOSA or PSA) directly to the Office of the General... CSOSA or PSA are forwarded to the Office of the General Counsel. (d) When must you submit the claim? You...

  12. 41 CFR 102-72.69 - What additional terms and conditions apply to an Executive agencies' delegation of ancillary...

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... liability and property damage insurance policies to cover claims arising from or relating to the contractor... liability, either directly or indirectly, for any contractual claims or disputes that arise out of or relate to the performance of ancillary repair and alteration work, except to the extent such claim or...

  13. 30 CFR 253.61 - When is a guarantor subject to direct action for claims?

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... ENFORCEMENT, DEPARTMENT OF THE INTERIOR OFFSHORE OIL SPILL FINANCIAL RESPONSIBILITY FOR OFFSHORE FACILITIES Claims for Oil-Spill Removal Costs and Damages § 253.61 When is a guarantor subject to direct action for...., oil-spill discharge or substantial threat of the discharge of oil) that is subject to claims under...

  14. Lessons regarding the safety of orthopaedic patient care: an analysis of four hundred and sixty-four closed malpractice claims.

    PubMed

    Matsen, Frederick A; Stephens, Linda; Jette, Jocelyn L; Warme, Winston J; Posner, Karen L

    2013-02-20

    An orthopaedic malpractice claim alleges that the patient sustained a preventable iatrogenic injury. The analysis of a representative series of malpractice claims provides a unique view of alleged orthopaedic adverse events, revealing what can potentially go wrong across a spectrum of practice settings and anatomic locations. The goal of this study was to identify high-impact targets in order to institute measures to reduce claims through efforts focused on patient safety. The authors investigated 464 consecutive closed malpractice claims from the nation's largest insurer of medical liability. We analyzed the claims by anatomical site, type of care rendered, type of allegation, and payment. We calculated an "impact factor" for each claim type by dividing the percentage of total payments for each type by the percentage of total claims for that type. Our analysis revealed major concerns regarding patient safety within this series of malpractice claims. One-third of the claims alleged permanent disabling injuries, including amputations, brain damage, and major nerve damage. The highest impact allegations were failure to protect structures in the surgical field (41% of total payments to plaintiffs, 15% of all claims, impact factor of 2.7) and failure to prevent, diagnose, and/or treat complications of treatment (16% of total payments, 7% of all claims, impact factor of 2.3). Spine procedures had high impact (1.9), representing 28% of dollars paid and 15% of claims, with 45% of spine claims involving death or severe permanent injury. Failure of implant positioning was commonly alleged in hip and knee arthroplasty. In claims related to fracture care, the most common allegations were related to malunions, nonunions, dislocations, failure to protect structures in the surgical field, infection, and treatment complications. Total payment for the eighty-eight claims paid was $17,917,614 (U.S. dollars adjusted to 2009). Regarding clinical relevance, this analysis suggests risk areas for targeted efforts to improve patient safety and reduce malpractice claims.

  15. Identifying Patterns in Extreme Precipitation Risk and the Related Impacts

    NASA Astrophysics Data System (ADS)

    Schroeer, K.; Tye, M. R.

    2017-12-01

    Extreme precipitation can harm human life and assets through flooding, hail, landslides, or debris flows. Flood risk assessments typically concentrate on river or mountain torrent channels, using water depth, flow velocity, and/or sediment deposition to quantify the risk. In addition, extreme events with high recurrence intervals are often the main focus. However, damages from short-term and localized convective showers often occur away from watercourses. Also, damages from more frequent small scale extremes, although usually less disastrous, can accumulate to considerable financial burdens. Extreme convective precipitation is expected to intensify in a warmer climate, and vulnerability patterns might change in tandem with changes in the character of precipitation and flood types. This has consequences for adaptation planners who want to establish effective protection measures and reduce the cost from natural hazards. Here we merge hydrological and exposure data to identify patterns of risk under varying synoptic conditions. Exposure is calculated from a database of 76k damage claims reported to the national disaster fund in 480 municipalities in south eastern Austria from 1990-2015. Hydrological data comprise sub-daily precipitation (59 gauges) and streamflow (62 gauges) observations. We use synoptic circulation types to identify typical precipitation patterns. They indicate the character of precipitation even if a gauge is not in close proximity, facilitating potential future research with regional climate model data. Results show that more claims are reported under synoptic conditions favouring convective precipitation (on average 1.5-3 times more than on other days). For agrarian municipalities, convective precipitation damages are among the costliest after long low-intensity precipitation events. In contrast, Alpine communities are particularly vulnerable to convective high-intensity rainfall. In addition to possible observational error, uncertainty is present in damage reporting errors, claims from private insurers and adaptation effects after damaging events. As for the latter, preliminary results indicate that investments regularly occur after big events, which may skew subsequent damage claims. Their effectiveness, though, needs to be analyzed in future research.

  16. 29 CFR 541.203 - Administrative exemption examples.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... or safety, building or construction, health or sanitation, environmental or soils specialists and... claims adjusters generally meet the duties requirements for the administrative exemption, whether they... prepare damage estimates; evaluating and making recommendations regarding coverage of claims; determining...

  17. 29 CFR 541.203 - Administrative exemption examples.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... or safety, building or construction, health or sanitation, environmental or soils specialists and... claims adjusters generally meet the duties requirements for the administrative exemption, whether they... prepare damage estimates; evaluating and making recommendations regarding coverage of claims; determining...

  18. 30 CFR 253.62 - What are the designated applicant's notification obligations regarding a claim?

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ..., DEPARTMENT OF THE INTERIOR OFFSHORE OIL SPILL FINANCIAL RESPONSIBILITY FOR OFFSHORE FACILITIES Claims for Oil-Spill Removal Costs and Damages § 253.62 What are the designated applicant's notification obligations...

  19. 30 CFR 553.62 - What are the designated applicant's notification obligations regarding a claim?

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... MANAGEMENT, DEPARTMENT OF THE INTERIOR OFFSHORE OIL SPILL FINANCIAL RESPONSIBILITY FOR OFFSHORE FACILITIES Claims for Oil-Spill Removal Costs and Damages § 553.62 What are the designated applicant's notification...

  20. 30 CFR 253.62 - What are the designated applicant's notification obligations regarding a claim?

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... MANAGEMENT, REGULATION, AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR OFFSHORE OIL SPILL FINANCIAL RESPONSIBILITY FOR OFFSHORE FACILITIES Claims for Oil-Spill Removal Costs and Damages § 253.62 What are the...

  1. 30 CFR 553.62 - What are the designated applicant's notification obligations regarding a claim?

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... MANAGEMENT, DEPARTMENT OF THE INTERIOR OFFSHORE OIL SPILL FINANCIAL RESPONSIBILITY FOR OFFSHORE FACILITIES Claims for Oil-Spill Removal Costs and Damages § 553.62 What are the designated applicant's notification...

  2. 30 CFR 553.62 - What are the designated applicant's notification obligations regarding a claim?

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... MANAGEMENT, DEPARTMENT OF THE INTERIOR OFFSHORE OIL SPILL FINANCIAL RESPONSIBILITY FOR OFFSHORE FACILITIES Claims for Oil-Spill Removal Costs and Damages § 553.62 What are the designated applicant's notification...

  3. Surgical malpractice in California: res judicata.

    PubMed

    Barthel, Erik R; Stabile, Bruce E; Plurad, David; Kim, Dennis; Neville, Angela; Bricker, Scott; Putnam, Brant; Bongard, Fred

    2014-10-01

    Medical negligence claims are of increasing concern to surgeons. Although noneconomic damage awards in California are limited by the Medical Injury Compensation Reform Act (MICRA) law to $250,000, the total amount of such settlements can increase significantly based on claims for economic damages. We reviewed negligence litigation involving California surgeons to determine outcomes and monetary awards through retrospective review of surgical malpractice cases published in a legal journal. This review was limited to actions involving general surgeons. Such litigation was voluntarily reported by either defense's or plaintiff's counsel at the conclusion of the litigation. Data reviewed included alleged damages incurred by the plaintiff; plaintiff's pretrial settlement demand, plaintiff or defense verdict, use of alternate means of resolution such as arbitration or mediation, and total monetary award to the plaintiff. A total of 69 cases were reported over a 20-month period: 32 (46%) were plaintiffs' verdicts, whereas 37 (54%) were in favor of the surgeon. Only 10 (31%) of the plaintiff verdicts were by jury trial, whereas the rest were settled by pretrial agreement, mediation, or arbitration. Of cases settled by alternate dispute resolution, the median settlement was $820,000 (n = 22) compared with a median jury trial award of $300,000 (n = 10).

  4. 20 CFR 429.104 - What evidence do I need to submit with my claim?

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... claim for personal injury, including pain and suffering, you may be required to submit the following... statement of how much it cost you to hire someone to do the same work you were doing at the time of the...) If damages for pain and suffering prior to death are claimed, a physician's detailed statement...

  5. 7 CFR 1924.266 - Purposes for which claims may be approved.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... Law 103-354 debt; and (D) Process an application for a new RH loan if the borrower so desires and is... the defect. (5) Treatment for physical or psychological damages including medical and dental claims...

  6. Legal aspects of sinkhole development and flooding in karst terranes: 1. Review and synthesis

    NASA Astrophysics Data System (ADS)

    Quinlan, James F.

    1986-03-01

    Structures built within the area of influence of a sinkhole can be affected by collapse, subsidence, or flooding. Unanticipated property losses may be involved, and litigation commonly ensues. Insurance compensation for damages that result from sinkhole collapse or subsidence in a karst terrane are covered by statute only in Florida and by voluntary agreement of companies operating in Tennessee Liability or insurance compensation for damages resulting from sinkhole flooding is not specifically covered by any state or federal statute. Regulations of the National Flood Insurance Program have been interpreted to allow coverage by this program for homes affected by sinkhole flooding in Bowling Green, Kentucky In the present article, case law, legal concepts of groundwater and surface water, liability, and law review articles relevant to sinkhole litigation are summarized The rationales of plaintiffs and defendants are reviewed Liability for damages have been based on allegations of negligence, breach of various water law doctrines, trespass, nuisance, loss of support, breach of contract, and implied warranty of habitability Defenses against these allegations have been based on the merits of each of them and on caveat emptor Several alternative rationales for claiming liability for losses incurred because of sinkhole development or flooding are proposed and discussed. The little-known Henderson v Wade Sand and Gravel is highly recommended as an alternative leading case that clearly and justifiably gives protection to adjacent landowners, and ties liability for damages caused by groundwater pumpage to nuisance law and related interference with property rights. Several little-known litigated cases of sinkhole development in response to groundwater pumpage will be summarized in a second article at a later date. Concepts of liability are evolving It can be expected that the professional geologist or engineer will have an increasing number of claims made against him or her which allege responsibility for sinkhole-related damages. Such damages can often be prevented by creative zoning, sound engineering, and better husbandry of land.

  7. 20 CFR 670.900 - Are damages caused by students eligible for reimbursement under the Tort Claims Act?

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... under the Tort Claims Act? Yes, Students are considered Federal employees for purposes of the Tort... sent to the Associate Solicitor for Employee Benefits, U.S. Department of Labor, 200 Constitution...

  8. 44 CFR 62.20 - Claims appeals.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... (includes contractors' estimates), detailing unit cost and quantities for the items needing repair or replacement; replacement cost proofs of loss; Preliminary Report; Final Report; detailed damaged personal... wind policies and any claim information submitted to the other companies; Waiver, Letter of Map...

  9. 44 CFR 62.20 - Claims appeals.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... (includes contractors' estimates), detailing unit cost and quantities for the items needing repair or replacement; replacement cost proofs of loss; Preliminary Report; Final Report; detailed damaged personal... wind policies and any claim information submitted to the other companies; Waiver, Letter of Map...

  10. 15 CFR 990.65 - Opening an account for recovered damages.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... ACT REGULATIONS NATURAL RESOURCE DAMAGE ASSESSMENTS Restoration Implementation Phase § 990.65 Opening... natural resource damage claim must be placed in a revolving trust account. Sums recovered for past... under this section. (f) Oil Spill Liability Trust Fund. Any sums remaining in an account established...

  11. 15 CFR 990.65 - Opening an account for recovered damages.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... ACT REGULATIONS NATURAL RESOURCE DAMAGE ASSESSMENTS Restoration Implementation Phase § 990.65 Opening... natural resource damage claim must be placed in a revolving trust account. Sums recovered for past... under this section. (f) Oil Spill Liability Trust Fund. Any sums remaining in an account established...

  12. The Role of the Striatum in Sentence Processing: Evidence from a Priming Study in Early Stages of Huntington's Disease

    ERIC Educational Resources Information Center

    Teichmann, Marc; Dupoux, Emmanuel; Cesaro, Pierre; Bachoud-Levi, Anne-Catherine

    2008-01-01

    The role of sub-cortical structures such as the striatum in language remains a controversial issue. Based on linguistic claims that language processing implies both recovery of lexical information and application of combinatorial rules it has been shown that striatal damaged patients have difficulties applying conjugation rules while lexical…

  13. Texas hair salon settles suit while another faces EEOC action. Equal Employment Opportunity Commission.

    PubMed

    1995-03-24

    The Equal Employment Opportunity Commission (EEOC) has filed suit against the nationally based [name removed] after hair stylist "John Doe" was fired shortly after his employer discovered he was HIV-positive. According to EEOC officials, [name removed] claimed that John Doe was fired for failing to attend a mandatory training class, but the EEOC said the real motivation was the fact that Doe was regarded as disabled. The suit asked the U.S. District Court to enjoin [name removed] from discharging employees based on their HIV status, reinstate Doe, and order the salon to pay Doe back wages, other compensatory damages, and punitive damages. The lawsuit comes just two months after P.M.K. Corporation, which does business as Cost Cutters of [name removed], agreed to pay $13,200 to stylist "Pat Doe," who was fired after her employer discovered she was HIV-positive. The company claimed Pat Doe was terminated because of a layoff, but the EEOC concluded the real reason was her HIV status. Both actions were filed by the EEOC under the Americans with Disabilities Act (ADA). An EEOC representative said that the fact that both actions involved hair salons was coincidental.

  14. 18 CFR 367.9250 - Account 925, Injuries and damages.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Account 925, Injuries and damages. 367.9250 Section 367.9250 Conservation of Power and Water Resources FEDERAL ENERGY... company against injuries and damages claims of employees or others, losses of such character not covered...

  15. Professional liability claims in vascular surgery practice.

    PubMed

    Roche, Enric; Gómez-Durán, Esperanza L; Benet-Travé, Josep; Martin-Fumadó, Carles; Arimany-Manso, Josep

    2014-02-01

    Patient safety is a major concern worldwide, but particularly high rates of adverse events are reported in the surgery setting. Angiology and vascular surgery is of special interest due to the complexity of the pathologies involved and the esthetic component of some of its procedures. In this study we identified the most frequent factors that apply to vascular surgery claims to determine areas of special risk in vascular surgery, with an aim to improve patient safety. We performed a retrospective and descriptive study of the claims pertaining to vascular surgery from the database of the Service of Professional Liability (SRP) of the Official College of Physicians of Barcelona. The time frame of data collection was from 1986 to 2009. We analyzed both the clinical and legal characteristics of the cases. Of the total of 6952 registered claims during the 23-year period, 91 (1.3%) were related to the practice of vascular surgery. Of these, 53.8% were related to venous pathology and 46.1% to arterial pathology. Neurologic damage was the main motive for claims (15.3%), followed by thromboembolic disease (14.2%), burns as a result of cosmetic treatment (12%), and amputation (10.9%). The neurologic damage in relation to vein pathology registered the greatest proportion of cases with professional liability (30.8%), followed by burns (19.2%), forgotten gauze (11.5%), and amputations (11.5%). Angiology and vascular surgery does not seem to be a specialty with a high risk for claims, but complications, such as thromboembolic disease and neurologic damage after varicose vein intervention, do occur and deserve special attention so improvements can be made to patient safety. Copyright © 2014 Elsevier Inc. All rights reserved.

  16. Are Mental Disorders Brain Diseases, and What Does This Mean? A Clinical-Neuropsychological Perspective.

    PubMed

    Frisch, Stefan

    Neuroscientific research has substantially increased our knowledge about mental disorders in recent years. Along with these benefits, radical postulates have been articulated according to which understanding and treatment of mental disorders should generally be based on biological terms, such as neurons/brain areas, transmitters, genes etc. Proponents of such a 'biological psychiatry' claim that mental disorders are analogous to neurological disorders and refer to neurology and neuropsychology to corroborate their claims. The present article argues that, from a clinical-neuropsychological perspective, 'biological psychiatry' is based on a mechanistic, 'cerebrocentric' framework of brain (dys-)function which has its roots in experimental neuroscience but runs up against narrow limits in clinical neurology and neuropsychology. In fact, understanding and treating neurological disorders generally demands a systems perspective including brain, organism and environment as intrinsically entangled. In this way, 'biological' characterizes a 'holistic', nonreductionist level of explanation, according to which the significance of particular mechanisms can only be estimated in the context of the organism (or person). This is evident in the common observation that local brain damage does not just lead to an isolated loss of function, but to multiple attempts of reorganization and readaptation; it initiates new developments. Furthermore, treating brain disorders necessarily includes aspects of individuality and subjectivity, a conclusion that contradicts the purely 'objectivist', third-person stance put forward by some proponents of biological psychiatry. In sum, understanding and treating brain damage sequelae in the clinical neurosciences demands a biopsychosocial perspective, for both conceptual and historical reasons. The same may hold for psychiatry when adopting a brain-based view on mental disorders. In such a perspective, biological psychiatry seems an interesting project but falls short of its original claims. © 2016 S. Karger AG, Basel.

  17. Commentary: Binding Early Offers versus Caps for Medical Malpractice Claims?

    PubMed Central

    O'Connell, Jeffrey

    2007-01-01

    Like damages caps, early offer reform promises reduction in the costs of medical liability cases. In contrast to damages caps, early offer reform offers advantages to both claimant and defendant. Under early offer, the defendant would have the option to offer an injured patient periodic payments for the patient's net economic losses as they accrue, but not payments for noneconomic losses (pain and suffering). If an early offer were made and accepted, that would settle the claim. This commentary1 explains how an early offer reform might work and summarizes data from a recent closed claim study of medical malpractice cases in Texas and Florida. The data show widespread opportunities for successful early offers and provide evidence that substantial per case savings would result. PMID:17517116

  18. 32 CFR 751.6 - Claims payable.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ...) Mobile homes and contents in shipment. Claims for damage to mobile homes and contents in shipment are... in securing the mobile home or packing its contents. (e) Borrowed property (including vehicles). Loss... request of superior authority or by reason of military necessity. (j) Money deposited for safekeeping...

  19. 32 CFR 751.6 - Claims payable.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ...) Mobile homes and contents in shipment. Claims for damage to mobile homes and contents in shipment are... in securing the mobile home or packing its contents. (e) Borrowed property (including vehicles). Loss... request of superior authority or by reason of military necessity. (j) Money deposited for safekeeping...

  20. 32 CFR 751.6 - Claims payable.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ...) Mobile homes and contents in shipment. Claims for damage to mobile homes and contents in shipment are... in securing the mobile home or packing its contents. (e) Borrowed property (including vehicles). Loss... request of superior authority or by reason of military necessity. (j) Money deposited for safekeeping...

  1. 23 CFR 660.519 - Missile installations and facilities.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... facilities. Should damage occur to public highways as a result of construction activities, the contractor... the work performed. Claims shall be presented to the contractor for this extraordinary maintenance and... the contract terms, the claim with the required supporting documentation shall be presented to the...

  2. 23 CFR 660.519 - Missile installations and facilities.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... facilities. Should damage occur to public highways as a result of construction activities, the contractor... the work performed. Claims shall be presented to the contractor for this extraordinary maintenance and... the contract terms, the claim with the required supporting documentation shall be presented to the...

  3. 50 CFR 296.8 - Amount of award.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... claim. (e) Negligence of claimant. (1) An award will be reduced to the extent that the loss or damage was caused by the negligence or fault of the claimant. (For example, a claimant who sustained $10,000 in damages and whose negligence or fault was found to be responsible for 40% of the damage would...

  4. 5 CFR 831.1803 - Definitions.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ..., overpayments, fines, penalties, damages, interests, taxes, forfeitures, etc. Debt claim means an agency request...) RETIREMENT Agency Requests to OPM for Recovery of a Debt from the Civil Service Retirement and Disability... Federal Claims Collection Act of 1966 as amended by the Debt Collection Act of 1982 and implemented by 4...

  5. 24 CFR 17.43 - Allowable claims.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... local inhabitant; or (iii) Any warehouse, office, working area, or other place (except quarters... carrier, an agent or agency of the Government, or the claimant. (3) Manufactured homes. Claims may be allowed for damage to, or loss of, manufactured homes and their contents under the provisions of paragraph...

  6. Traumatic dental injuries during anaesthesia. Part II: medico-legal evaluation and liability.

    PubMed

    Gaudio, Rosa Maria; Barbieri, Stefania; Feltracco, Paolo; Tiano, Letizia; Galligioni, Helmut; Uberti, Manuela; Ori, Carlo; Avato, Francesco Maria

    2011-02-01

    Claims for tooth damage following intubation are increasing. An anaesthetic chart (AC) has been proposed to describe patient's pre-existent dental diseases and any possible lesions caused during intubation and extubation. We conducted a retrospective study of 235 cases of dental lesions reported in litigation files from January 2000 to June 2009. Based on preoperative oral inspection the anaesthetist decided whether or not to use a protective aid. Two different tooth protectors were applied: (i) a standard mouthguard and (ii) silicone impression putty. The study population consisted of 110 female (age 6-88 years) and 125 male patients (11-90 years) patients. In 66% of cases greater risk of perianesthetic dental injury was reported in the AC due to pre-existing poor dentition. In intubation procedures without protective devices dental subluxation/luxation occurred in 55% of patients, dental avulsion in 43%, exfoliation in 2%, and soft tissue damage in five patients. One patient suffered from transient facial nerve paralysis. The costs of treatments and of impression materials, as well as the total value of compensation for injuries are reported. Definition and demonstrability of damages on the AC is important in order to separate the cases worthy of compensation from the non-compensable ones, as to evaluate the possibility of solving the litigation by extrajudicial channels. There are cases in which, based on AC reporting and device adoption the damage resulted to be compensable, but the costs were defined on different estimates of lesions. The use of a protective device makes it possible to down-modulate the damage compensation. The analysis of litigation records and 'incident reports' has suggested that the choice of accurate proceeding and the use of protection aids could reduce the number of claims, insurance premiums and the costs of litigation process, thus improving physician-patient relationship. © 2011 John Wiley & Sons A/S.

  7. 5 CFR 177.105 - Administrative claim; evidence and information to be submitted.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... information to be submitted. 177.105 Section 177.105 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT... such expenses. (7) If damages for pain and suffering before death are claimed, a physician's detailed statement specifying the injuries suffered, duration of pain and suffering, any drugs administered for pain...

  8. 5 CFR 177.105 - Administrative claim; evidence and information to be submitted.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... information to be submitted. 177.105 Section 177.105 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT... such expenses. (7) If damages for pain and suffering before death are claimed, a physician's detailed statement specifying the injuries suffered, duration of pain and suffering, any drugs administered for pain...

  9. 5 CFR 177.105 - Administrative claim; evidence and information to be submitted.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... information to be submitted. 177.105 Section 177.105 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT... such expenses. (7) If damages for pain and suffering before death are claimed, a physician's detailed statement specifying the injuries suffered, duration of pain and suffering, any drugs administered for pain...

  10. 5 CFR 177.105 - Administrative claim; evidence and information to be submitted.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... information to be submitted. 177.105 Section 177.105 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT... such expenses. (7) If damages for pain and suffering before death are claimed, a physician's detailed statement specifying the injuries suffered, duration of pain and suffering, any drugs administered for pain...

  11. 45 CFR 34.4 - Allowable claims.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... occurred. (7) Claims for automobiles, only when required to perform official business or parked on a government-owned or operated parking lot or garage incident to employment. This subsection does not include... damage was caused by the negligence of a third party. If the automobile is a total loss, the maximum...

  12. 45 CFR 34.4 - Allowable claims.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... occurred. (7) Claims for automobiles, only when required to perform official business or parked on a government-owned or operated parking lot or garage incident to employment. This subsection does not include... damage was caused by the negligence of a third party. If the automobile is a total loss, the maximum...

  13. 45 CFR 34.4 - Allowable claims.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... occurred. (7) Claims for automobiles, only when required to perform official business or parked on a government-owned or operated parking lot or garage incident to employment. This subsection does not include... damage was caused by the negligence of a third party. If the automobile is a total loss, the maximum...

  14. Fukunaga-Koontz feature transformation for statistical structural damage detection and hierarchical neuro-fuzzy damage localisation

    NASA Astrophysics Data System (ADS)

    Hoell, Simon; Omenzetter, Piotr

    2017-07-01

    Considering jointly damage sensitive features (DSFs) of signals recorded by multiple sensors, applying advanced transformations to these DSFs and assessing systematically their contribution to damage detectability and localisation can significantly enhance the performance of structural health monitoring systems. This philosophy is explored here for partial autocorrelation coefficients (PACCs) of acceleration responses. They are interrogated with the help of the linear discriminant analysis based on the Fukunaga-Koontz transformation using datasets of the healthy and selected reference damage states. Then, a simple but efficient fast forward selection procedure is applied to rank the DSF components with respect to statistical distance measures specialised for either damage detection or localisation. For the damage detection task, the optimal feature subsets are identified based on the statistical hypothesis testing. For damage localisation, a hierarchical neuro-fuzzy tool is developed that uses the DSF ranking to establish its own optimal architecture. The proposed approaches are evaluated experimentally on data from non-destructively simulated damage in a laboratory scale wind turbine blade. The results support our claim of being able to enhance damage detectability and localisation performance by transforming and optimally selecting DSFs. It is demonstrated that the optimally selected PACCs from multiple sensors or their Fukunaga-Koontz transformed versions can not only improve the detectability of damage via statistical hypothesis testing but also increase the accuracy of damage localisation when used as inputs into a hierarchical neuro-fuzzy network. Furthermore, the computational effort of employing these advanced soft computing models for damage localisation can be significantly reduced by using transformed DSFs.

  15. A Contemporary Medicolegal Analysis of Implanted Devices for Chronic Pain Management.

    PubMed

    Abrecht, Christopher R; Greenberg, Penny; Song, Ellen; Urman, Richard D; Rathmell, James P

    2017-04-01

    Analysis of closed malpractice claims allows the study of rare but serious complications and likely results in improved patient safety by raising awareness of such complications. Clinical studies and closed claims analyses have previously reported on the common complications associated with intrathecal drug delivery systems (IDDS) and spinal cord stimulators (SCS). This study provides a contemporary analysis of claims from within the past 10 years. We performed a closed claims analysis for a period January 1, 2009 to December 31, 2013 for cases with pain medicine as the primary service. These cases were identified using the Controlled Risk Insurance Company (CRICO) Comparative Benchmarking System (CBS), a database containing more than 300,000 malpractice claims from more than 400 academic and community institutions, representing approximately 30% of malpractice cases in the United States. The clinical narratives, which included medical files, claims files, depositions, and expert witness testimony, were reviewed by the authors, as were the CRICO coded variables, which included algorithmically determined contributing factors to the patient injury. Intrathecal drug delivery systems represented 17 of the closed claims; spinal cord stimulators represented 11 of the closed claims. The most common chronic pain diagnoses for which a device was implanted included failed back surgery syndrome and spasticity. The average total incurred for pain medicine claims was $166,028. Damaging events included IDDS refill errors (eg, subcutaneous administration of medication, reprogramming errors), intraoperative nerve damage, and postoperative infection (eg, epidural abscess, meningitis). High-severity outcomes included nerve damage (eg, paraplegia) and death. Medium-severity outcomes included drug reactions (eg, respiratory arrest from opioid overdose) and the need for reoperation. For both IDDS and SCS, deficits in technical skill were the most common contributing factor to injury, followed by deficits in clinical judgment, communication, and documentation. Implanted devices used for pain management involve a significant risk of morbidity and mortality. Proper education of providers and patients is essential. Providers must acquire the technical skills required for the implantation and refilling of these devices and the clinical skills required for the identification and management of complications such as intrathecal granuloma. Proper patient selection and clear communication between the provider and the patient about these possible complications are of paramount importance.

  16. 32 CFR 536.50 - Determination of damages-applicable law.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... the place of injury or death does not necessarily apply. Where there is a conflict between local law... resolution of claims. However, the law of damages set forth in § 536.139 will serve as a guide. (d) The Army...

  17. NBIC: National Ballast Information Clearinghouse

    Science.gov Websites

    , incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or

  18. 20 CFR 670.900 - Are damages caused by students eligible for reimbursement under the Tort Claims Act?

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... ADMINISTRATION, DEPARTMENT OF LABOR THE JOB CORPS UNDER TITLE I OF THE WORKFORCE INVESTMENT ACT Administrative and Management Provisions § 670.900 Are damages caused by students eligible for reimbursement under...

  19. Medical malpractice lawsuits and the value of skilled and diverse legal counsel.

    PubMed

    Lapuyade, Keith D; Sorkin, Alison C

    2013-12-01

    Medical malpractice claims against dermatologists and dermapathologists arise mostly out of claims for negligence--when a patient claims a provider owed a duty to a patient, breached that duty, and caused damages to the patient. When a health care provider files a claim with his or her insurance company, the insurance company will usually retain and pay an attorney for the health care provider. It is important to understand the role the attorney retained by the insurance company plays to evaluate whether a health care provider should seek the advice of independent or "personal" counsel.

  20. Analysis of clinical negligence claims following tonsillectomy in England 1995 to 2010.

    PubMed

    Mathew, Rajeev; Asimacopoulos, Eleni; Walker, David; Gutierrez, Tatiana; Valentine, Peter; Pitkin, Lisa

    2012-05-01

    We determined the characteristics of medical negligence claims following tonsillectomy. Claims relating to tonsillectomy between 1995 and 2010 were obtained from the National Health Service Litigation Authority database. The number of open and closed claims was determined, and data were analyzed for primary injury claimed, outcome of claim, and associated costs. Over 15 years, there were 40 claims of clinical negligence related to tonsillectomy, representing 7.7% of all claims in otolaryngology. There were 34 closed claims, of which 32 (94%) resulted in payment of damages. Postoperative bleeding was the most common injury, with delayed recognition and treatment of bleeding alleged in most cases. Nasopharyngeal regurgitation as a result of soft palate fistulas or excessive tissue resection was the next-commonest cause of a claim. The other injuries claimed included dentoalveolar injury, bums, tonsillar remnants, and temporomandibular joint dysfunction. Inadequate informed consent was claimed in 5 cases. Clinical negligence claims following tonsillectomy have a high success rate. Although postoperative bleeding is the most common cause of negligence claims, a significant proportion of claims are due to rare complications of surgery. Informed consent should be tailored to the individual patient and should include a discussion of common and serious complications.

  1. 49 CFR 579.28 - Due date of reports and other miscellaneous provisions.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 2003 (including any vehicle designated as a 2004 model); (ii) Each manufacturer of child restraint... reports, that it received in each calendar quarter from July 1, 2000, to June 30, 2003, for child... claim or notice involving injury, a claim involving property damage, a consumer complaint, a warranty...

  2. 49 CFR 579.28 - Due date of reports and other miscellaneous provisions.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 2003 (including any vehicle designated as a 2004 model); (ii) Each manufacturer of child restraint... reports, that it received in each calendar quarter from July 1, 2000, to June 30, 2003, for child... claim or notice involving injury, a claim involving property damage, a consumer complaint, a warranty...

  3. 49 CFR 579.28 - Due date of reports and other miscellaneous provisions.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 2003 (including any vehicle designated as a 2004 model); (ii) Each manufacturer of child restraint... reports, that it received in each calendar quarter from July 1, 2000, to June 30, 2003, for child... claim or notice involving injury, a claim involving property damage, a consumer complaint, a warranty...

  4. 49 CFR 579.28 - Due date of reports and other miscellaneous provisions.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 2003 (including any vehicle designated as a 2004 model); (ii) Each manufacturer of child restraint... reports, that it received in each calendar quarter from July 1, 2000, to June 30, 2003, for child... claim or notice involving injury, a claim involving property damage, a consumer complaint, a warranty...

  5. 49 CFR 579.28 - Due date of reports and other miscellaneous provisions.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 2003 (including any vehicle designated as a 2004 model); (ii) Each manufacturer of child restraint... reports, that it received in each calendar quarter from July 1, 2000, to June 30, 2003, for child... claim or notice involving injury, a claim involving property damage, a consumer complaint, a warranty...

  6. 14 CFR 1261.104 - Allowable claims.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... that were assigned to the claimant or provided by the United States; (ii) Quarters outside the 50... or provided by the United States, except when the claimant is a civilian employee who is a local... office or employment. (5) Enemy action or public service. Claims may be allowed for damage to, or loss of...

  7. 7 CFR 1599.14 - Noncompliance with an agreement.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ....14 Noncompliance with an agreement. If a participant fails to comply with a term of an agreement, FAS... appropriate, initiate a claim against the participant. FAS may also initiate a claim against a participant if the donated commodities are damaged or lost or the sale proceeds, income, or FAS-provided funds are...

  8. 7 CFR 1599.14 - Noncompliance with an agreement.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ....14 Noncompliance with an agreement. If a participant fails to comply with a term of an agreement, FAS... appropriate, initiate a claim against the participant. FAS may also initiate a claim against a participant if the donated commodities are damaged or lost or the sale proceeds, income, or FAS-provided funds are...

  9. 7 CFR 1599.14 - Noncompliance with an agreement.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ....14 Noncompliance with an agreement. If a participant fails to comply with a term of an agreement, FAS... appropriate, initiate a claim against the participant. FAS may also initiate a claim against a participant if the donated commodities are damaged or lost or the sale proceeds, income, or FAS-provided funds are...

  10. 7 CFR 1599.14 - Noncompliance with an agreement.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ....14 Noncompliance with an agreement. If a participant fails to comply with a term of an agreement, FAS... appropriate, initiate a claim against the participant. FAS may also initiate a claim against a participant if the donated commodities are damaged or lost or the sale proceeds, income, or FAS-provided funds are...

  11. 7 CFR 1599.14 - Noncompliance with an agreement.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ....14 Noncompliance with an agreement. If a participant fails to comply with a term of an agreement, FAS... appropriate, initiate a claim against the participant. FAS may also initiate a claim against a participant if the donated commodities are damaged or lost or the sale proceeds, income, or FAS-provided funds are...

  12. 32 CFR 756.3 - Notification.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... as flying clubs, carry private commercial insurance to protect them from claims for property damage... Composite Insurance Program, if desired: Child welfare centers, billeting funds, chapel funds, and civilian welfare funds. (c) When the operations of NAFI's result in property damage or personal injury, the...

  13. 32 CFR 756.3 - Notification.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... as flying clubs, carry private commercial insurance to protect them from claims for property damage... Composite Insurance Program, if desired: Child welfare centers, billeting funds, chapel funds, and civilian welfare funds. (c) When the operations of NAFI's result in property damage or personal injury, the...

  14. 32 CFR 756.3 - Notification.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... as flying clubs, carry private commercial insurance to protect them from claims for property damage... Composite Insurance Program, if desired: Child welfare centers, billeting funds, chapel funds, and civilian welfare funds. (c) When the operations of NAFI's result in property damage or personal injury, the...

  15. 32 CFR 756.3 - Notification.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... as flying clubs, carry private commercial insurance to protect them from claims for property damage... Composite Insurance Program, if desired: Child welfare centers, billeting funds, chapel funds, and civilian welfare funds. (c) When the operations of NAFI's result in property damage or personal injury, the...

  16. 32 CFR 756.3 - Notification.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... as flying clubs, carry private commercial insurance to protect them from claims for property damage... Composite Insurance Program, if desired: Child welfare centers, billeting funds, chapel funds, and civilian welfare funds. (c) When the operations of NAFI's result in property damage or personal injury, the...

  17. Claimed effects, outcome variables and methods of measurement for health claims proposed under European Community Regulation 1924/2006 in the framework of protection against oxidative damage and cardiovascular health.

    PubMed

    Martini, D; Rossi, S; Biasini, B; Zavaroni, I; Bedogni, G; Musci, M; Pruneti, C; Passeri, G; Ventura, M; Di Nuzzo, S; Galli, D; Mirandola, P; Vitale, M; Dei Cas, A; Bonadonna, R C; Del Rio, D

    2017-06-01

    The high number of negative opinions from the European Food Safety Authority (EFSA) to the requests for authorization of health claims is largely due to the design of human intervention studies, including the inappropriate choice of outcome variables (OVs) and of their methods of measurement (MMs). The present manuscript reports the results of an investigation aimed to collect, collate and critically analyse the information in relation to claimed effects, OVs and MMs, in the context of protection against oxidative damage and cardiovascular health compliant with Regulation 1924/2006. Claimed effects, OVs and the related MMs were collected from EFSA Guidance documents and applications for authorization of health claims under Articles 13.5 and 14. The OVs and their MMs were evaluated only if the claimed effect was sufficiently defined and was considered beneficial by EFSA. The collection, collation and critical analysis of the relevant scientific literature consisted in the definition of the keywords, the PubMed search strategies and the creation of databases of references. The critical analysis of the OVs and their MMs was performed on the basis of the literature review and was aimed at defining the appropriateness of OVs and MMs in the context of the specific claimed effects. The information provided in this document could serve to EFSA for the development of further guidance on the scientific requirements for health claims, as well as to the stakeholders for the proper design of human intervention studies aimed to substantiate such health claims. Copyright © 2017 The Italian Society of Diabetology, the Italian Society for the Study of Atherosclerosis, the Italian Society of Human Nutrition, and the Department of Clinical Medicine and Surgery, Federico II University. Published by Elsevier B.V. All rights reserved.

  18. Claims, liabilities, injures and compensation payments of medical malpractice litigation cases in China from 1998 to 2011.

    PubMed

    Li, Heng; Wu, Xiangcheng; Sun, Tao; Li, Li; Zhao, Xiaowen; Liu, Xinyan; Gao, Lei; Sun, Quansheng; Zhang, Zhong; Fan, Lihua

    2014-09-13

    Although China experienced great improvement in their health system, disputes between patients and doctors have increasingly intensified, reaching an unprecedented level. Retrospective analysis of medical malpractice litigation can discover the characteristics and fundamental cause of these disagreements. We analyzed medical malpractice litigation data from 1998 to 2011 for characteristics of claims via a litigation database within a nationwide database of cases (1086 cases) in China, including claims, liabilities, injures, and compensation payments. Among the cases analyzed, 76 percent of claims received compensation in civil judgment (640 out of 841), while 93 percent were fault liability in paid judgment (597 out of 640). The average time span between the occurrence of the injury dispute and closure of claims was 3 years. Twenty-two percent of claims (183 of 841) were caused by injury, poisoning, and other external causes. Seventy-nine percent of claims (472 of 597) were contributed to by errors in medical technology. The median damage compensation payment for death was significantly lower than for serious injuries (P < 0.001; death, $13270 [IQR, $7617-$23181]; serious injury, $23721 [IQR, $10367-$57058]). Finally, there was no statistically significant difference in the median mental compensation between minor injury, serious injury, and death (P = 0.836). The social reasons for the conflict and high payment were catastrophic out-of-pocket health-care expense in addition to the high expectations for treatment in China. There were no distinguishing features between China and other countries with respect to time of suits, facilities, and specialties in these claims. The compensation for damages in different medical injuries was unfair in China.

  19. 50 CFR 296.4 - Claims eligible for compensation.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... compensation. (a) Claimants. Damage or loss eligible for Fund compensation must be suffered by a commercial... caused by materials, equipment, tools, containers, or other items associated with OCS oil and gas... gas exploration, development, or production activities in OCS waters. (c) Exceptions. Damage or loss...

  20. CCD radiation damage in ESA Cosmic Visions missions: assessment and mitigation

    NASA Astrophysics Data System (ADS)

    Lumb, David H.

    2009-08-01

    Charge Coupled Device (CCD) imagers have been widely used in space-borne astronomical instruments. A frequent concern has been the radiation damage effects on the CCD charge transfer properties. We review some methods for assessing the Charge Transfer Inefficiency (CTI) in CCDs. Techniques to minimise degradation using background charge injection and p-channel CCD architectures are discussed. A critical review of the claims for p-channel architectures is presented. The performance advantage for p-channel CCD performance is shown to be lower than claimed previously. Finally we present some projections for the performance in the context of some future ESA missions.

  1. 32 CFR 536.23 - Identifying claims incidents both for and against the government.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... required when: (1) There is property loss or damage. (i) Property other than that belonging to the... same is true of family child care providers. However, claims arising out of the use of some NAFI property or from the acts or omissions of family child care providers may be payable from such funds under...

  2. 7 CFR 1437.10 - Notice of loss, appraisal requirements, and application for payment.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... the final planting date, (2) For low yield claims and allowable value loss, the earlier of: (i) 15 calendar days after the damaging weather or adverse natural occurrence, or date loss of the crop or commodity becomes apparent for low yield claims; and (ii) 15 calendar days after the normal harvest date. (b...

  3. 7 CFR 1437.10 - Notice of loss, appraisal requirements, and application for payment.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... the final planting date, (2) For low yield claims and allowable value loss, the earlier of: (i) 15 calendar days after the damaging weather or adverse natural occurrence, or date loss of the crop or commodity becomes apparent for low yield claims; and (ii) 15 calendar days after the normal harvest date. (b...

  4. 7 CFR 1437.10 - Notice of loss, appraisal requirements, and application for payment.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... the final planting date, (2) For low yield claims and allowable value loss, the earlier of: (i) 15 calendar days after the damaging weather or adverse natural occurrence, or date loss of the crop or commodity becomes apparent for low yield claims; and (ii) 15 calendar days after the normal harvest date. (b...

  5. 7 CFR 1437.10 - Notice of loss, appraisal requirements, and application for payment.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... the final planting date, (2) For low yield claims and allowable value loss, the earlier of: (i) 15 calendar days after the damaging weather or adverse natural occurrence, or date loss of the crop or commodity becomes apparent for low yield claims; and (ii) 15 calendar days after the normal harvest date. (b...

  6. 14 CFR 1261.103 - Time limitations.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 14 Aeronautics and Space 5 2011-01-01 2010-01-01 true Time limitations. 1261.103 Section 1261.103...) Employees' Personal Property Claims § 1261.103 Time limitations. (a) A claim may be allowed only if the... accrues at the time of the accident or incident causing the loss or damage, or at such time as the loss or...

  7. 14 CFR 1261.103 - Time limitations.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 14 Aeronautics and Space 5 2012-01-01 2012-01-01 false Time limitations. 1261.103 Section 1261.103...) Employees' Personal Property Claims § 1261.103 Time limitations. (a) A claim may be allowed only if the... accrues at the time of the accident or incident causing the loss or damage, or at such time as the loss or...

  8. 14 CFR 1261.103 - Time limitations.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 14 Aeronautics and Space 5 2013-01-01 2013-01-01 false Time limitations. 1261.103 Section 1261.103...) Employees' Personal Property Claims § 1261.103 Time limitations. (a) A claim may be allowed only if the... accrues at the time of the accident or incident causing the loss or damage, or at such time as the loss or...

  9. 41 CFR 102-72.69 - What additional terms and conditions apply to an Executive agencies' delegation of ancillary...

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... alteration work, the Executive agency shall deliver, or cause its contractor to deliver, to the building... liability and property damage insurance policies to cover claims arising from or relating to the contractor... liability, either directly or indirectly, for any contractual claims or disputes that arise out of or relate...

  10. 41 CFR 102-72.69 - What additional terms and conditions apply to an Executive agencies' delegation of ancillary...

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... alteration work, the Executive agency shall deliver, or cause its contractor to deliver, to the building... liability and property damage insurance policies to cover claims arising from or relating to the contractor... liability, either directly or indirectly, for any contractual claims or disputes that arise out of or relate...

  11. 41 CFR 102-72.69 - What additional terms and conditions apply to an Executive agencies' delegation of ancillary...

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... alteration work, the Executive agency shall deliver, or cause its contractor to deliver, to the building... liability and property damage insurance policies to cover claims arising from or relating to the contractor... liability, either directly or indirectly, for any contractual claims or disputes that arise out of or relate...

  12. 41 CFR 102-72.69 - What additional terms and conditions apply to an Executive agencies' delegation of ancillary...

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... alteration work, the Executive agency shall deliver, or cause its contractor to deliver, to the building... liability and property damage insurance policies to cover claims arising from or relating to the contractor... liability, either directly or indirectly, for any contractual claims or disputes that arise out of or relate...

  13. 36 CFR 228.110 - Indemnification.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... United States for: (a) Injury, loss or damage, including fire suppression costs, which the United States incurs as a result of the operations; and (b) Payments made by the United States in satisfaction of claims, demands or judgments for an injury, loss or damage, including fire suppression costs, which...

  14. Evaluation of the crash mitigation effect of low-speed automated emergency braking systems based on insurance claims data.

    PubMed

    Isaksson-Hellman, Irene; Lindman, Magdalena

    2016-09-01

    The aim of the present study was to evaluate the crash mitigation performance of low-speed automated emergency braking collision avoidance technologies by examining crash rates, car damage, and personal injuries. Insurance claims data were used to identify rear-end frontal collisions, the specific situations where the low-speed automated emergency braking system intervenes. We compared cars of the same model (Volvo V70) with and without the low-speed automated emergency braking system (AEB and no AEB, respectively). Distributions of spare parts required for car repair were analyzed to identify car damage, and crash severity was estimated by comparing the results with laboratory crash tests. Repair costs and occupant injuries were investigated for both the striking and the struck vehicle. Rear-end frontal collisions were reduced by 27% for cars with low-speed AEB compared to cars without the system. Those of low severity were reduced by 37%, though more severe crashes were not reduced. Accordingly, the number of injured occupants in vehicles struck by low-speed AEB cars was reduced in low-severity crashes. In offset crash configurations, the system was found to be less effective. This study adds important information about the safety performance of collision avoidance technologies, beyond the number of crashes avoided. By combining insurance claims data and information from spare parts used, the study demonstrates a mitigating effect of low-speed AEB in real-world traffic.

  15. 15 CFR 990.25 - Settlement.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 15 Commerce and Foreign Trade 3 2010-01-01 2010-01-01 false Settlement. 990.25 Section 990.25... DAMAGE ASSESSMENTS Authorities § 990.25 Settlement. Trustees may settle claims for natural resource damages under this part at any time, provided that the settlement is adequate in the judgment of the...

  16. 29 CFR 15.21 - Filing of claims.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... filed by a survivor in the following order of preference: spouse, children, parent, brother or sister or... responsible for substantiating ownership or possession, the facts surrounding the loss or damage, and the... which the damage or loss occurred. This statement shall also include: (i) A description of the type...

  17. 29 CFR 15.21 - Filing of claims.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... filed by a survivor in the following order of preference: spouse, children, parent, brother or sister or... responsible for substantiating ownership or possession, the facts surrounding the loss or damage, and the... which the damage or loss occurred. This statement shall also include: (i) A description of the type...

  18. 32 CFR 536.23 - Identifying claims incidents both for and against the government.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... when: (1) There is property loss or damage. (i) Property other than that belonging to the government is... same is true of family child care providers. However, claims arising out of the use of some NAFI property or from the acts or omissions of family child care providers may be payable from such funds under...

  19. 20 CFR 429.208 - How do you determine the award? Is the settlement of my claim final?

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... settlement of my claim final? 429.208 Section 429.208 Employees' Benefits SOCIAL SECURITY ADMINISTRATION... cost of its repair; (2) The actual or estimated cost of its repair; or (3) The actual value at the time of its loss, damage, or destruction. The actual value is determined by using the current replacement...

  20. 32 CFR 536.75 - Claims payable under the Military Claims Act.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... when: (1) Caused by an act or omission of military personnel or civilian employees of the DA or DOD... lease (express, implied, or otherwise). See § 536.34(m) and paragraph 2-15m of DA Pam 27-162. (2... expressly assumed the risk of damage or loss. (3) Registered or insured mail in the DA's possession, even...

  1. 20 CFR 702.222 - Claims; exceptions to time limitations.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... representative. In the case of minor who has no guardian before he or she becomes of age, time begins to run from... damages in respect of an injury or death, or files a claim under a State workers' compensation act because... the Act, the time limitation in § 702.221 shall not begin to run until the date of termination of such...

  2. Recent developments in false claims enforcement: a minefield for health care providers.

    PubMed

    Whitaker, Glenn V; Walton, Victor A

    2007-01-01

    Actions under the False Claims Act represent potentially billions of dollars in damages returned to the state and federal governments each year for fraud recovery. Over the past several years, health care providers have been the target of about half of the FCA suits filed and have paid out an even greater percentage of the damages recovered. Because of the enumerable opportunities for fraud, waste, and abuse in the health care industry, it will likely continue to be a prominent target of FCA suits. Key provisions of the Deficit Reduction Act of 2005, effective on January 1, 2007, will only increase the reach of the FCA. Providers beware.

  3. 15 CFR 990.64 - Unsatisfied demands.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... NATURAL RESOURCE DAMAGE ASSESSMENTS Restoration Implementation Phase § 990.64 Unsatisfied demands. (a) If... uncompensated claim for damages to the Oil Spill Liability Trust Fund, as provided in section 1012(a)(4) of OPA (33 U.S.C. 2712(a)(4)) or seek an appropriation from the Oil Spill Liability Trust Fund as provided in...

  4. 15 CFR 990.64 - Unsatisfied demands.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... NATURAL RESOURCE DAMAGE ASSESSMENTS Restoration Implementation Phase § 990.64 Unsatisfied demands. (a) If... uncompensated claim for damages to the Oil Spill Liability Trust Fund, as provided in section 1012(a)(4) of OPA (33 U.S.C. 2712(a)(4)) or seek an appropriation from the Oil Spill Liability Trust Fund as provided in...

  5. Assessing Historical Abuse Allegations and Damages

    ERIC Educational Resources Information Center

    Wolfe, David A.; Jaffe, Peter G.; Leschied, Alan W.; Legate, Barbara L.

    2010-01-01

    Practitioners may be called upon to assess adults who have alleged child abuse as a minor and are seeking reparations. Such assessments may be used by the courts to determine harm and assess damages related to their claim or testimony. Our clinical/research team has conducted many such evaluations and reported the findings pertaining to the…

  6. How to Publish without Financially Perishing

    ERIC Educational Resources Information Center

    Mock, Rodney P.; Savage, Arline; Simkin, Mark G.

    2011-01-01

    Publication agreements vary by publisher and sometimes by contract as well. A number of such agreements now also include indemnity clauses. "Indemnifying a publisher" means agreeing to pay for any loss, damage, or liability incurred by the publisher, or it can mean that the publisher has the right to claim reimbursement for its loss, damage, or…

  7. School Property Insurance: Experiences at State Level. Bulletin, 1956, No. 7

    ERIC Educational Resources Information Center

    Viles, N. E., Sr.

    1956-01-01

    School insurance programs often present major problems in school administration. School insurance of various types is one means of preventing or limiting financial loss from property damage or the claims of individuals for injury or damage payments. In varying degrees the States have delegated to certain local administrative school units and/or…

  8. 76 FR 20372 - Notice of Lodging of Consent Decree and Settlement Agreement Regarding Natural Resource Damage...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-04-12

    ..., Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR... resolves claims for natural resource damages and assessment costs of the United States Department of the..., Environment and Natural Resources Division, and either e-mailed to [email protected] or mailed to...

  9. 24 CFR 100.308 - Good faith defense against civil money damages.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Good faith defense against civil... Good faith defense against civil money damages. (a) A person shall not be held personally liable for... under this subpart. (b)(1) A person claiming the good faith belief defense must have actual knowledge...

  10. 24 CFR 100.308 - Good faith defense against civil money damages.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 24 Housing and Urban Development 1 2011-04-01 2011-04-01 false Good faith defense against civil... Good faith defense against civil money damages. (a) A person shall not be held personally liable for... under this subpart. (b)(1) A person claiming the good faith belief defense must have actual knowledge...

  11. 50 CFR 296.5 - Instructions for filing claims.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... first returns to a port after discovering the damage or loss. Filing of a fifteen-day report must be... which the vessel first returns to a port after discovering the damage or loss. Satisfaction of the... Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910; telephone: (301) 713-2396. (3) Contents...

  12. Inferencing Processes after Right Hemisphere Brain Damage: Effects of Contextual Bias

    ERIC Educational Resources Information Center

    Blake, Margaret Lehman

    2009-01-01

    Purpose: Comprehension deficits associated with right hemisphere brain damage (RHD) have been attributed to an inability to use context, but there is little direct evidence to support the claim. This study evaluated the effect of varying contextual bias on predictive inferencing by adults with RHD. Method: Fourteen adults with no brain damage…

  13. 32 CFR 750.27 - Information and supporting documentation.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... Federal agency. Upon written request, a copy of the report of the examining physician shall be provided... made for lost wages, a written statement from the employer itemizing actual time and wages lost; (v) If... States for the personal injury or the damages claimed. (3) Property damage. (i) Proof of ownership; (ii...

  14. The mating dance in cleanup recoveries: How to court responsible parties and in what court to do it

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Meyer, G.A.

    1996-12-31

    CERCLA is not the only grounds for recovery in environmental contamination cases. Common law and RCRA claims are attractive, especially when petroleum contamination is at issue. Attention is focused on the following: threshold decisions (litigate or negotiate); forum issues (federal or state court); claims in state court; and different types of damages and recovery.

  15. Geospatial Analysis for Flood-Risk Management, Resilience, and US Policy

    NASA Astrophysics Data System (ADS)

    Pinter, N.; Hui, R.; Conrad, D. R.; Schaefer, K.

    2016-12-01

    The National Flood Insurance Program (NFIP) was established in 1968 to curtail unfettered development on US floodplains and spiraling taxpayer expenditures for disaster relief. Currently NFIP underwrites >5 million policies, providing >1.25 trillion in coverage, and taking in >3.5 billion in annual premiums. Cumulative flood-damage payouts to date exceed premiums collected by >$20 billion. Our group has obtained nationwide databases of NFIP flood-damage claims back to 1972, annual policies since 1994, and selective Federal Emergency Management Agency (FEMA) repetitive losses. Attributes include property, claims, and loss characteristics. Other attributes were stripped to maintain policyholder anonymity. At present, locations are to the nearest 0.1° lat/long, zip code, and by community. We combine NFIP data with GIS information from a variety of other sources. Over the past 44 years, 1,625,470 non-zero flood claims are documented. Numbers of claims and losses have increased over time, even with extreme events (Hurricanes Katrina and Sandy) excluded. Flood losses have occurred within 100-year floodplains (1% annual exceedance), in coastal hazard zones, and 25% of claims occur outside of mapped flood-hazard areas. We hypothesize that a many losses outside of FEMA's designated Special Flood Hazard Area (SFHA) correlate with (1) outdated map panels, (2) contrasting levels of enforcement and mitigation by state. Other distributed flood losses represent stormwater/drainage damage. Claim rates substantially exceed 1%, both in and outside the SFHA, and for "pre-FIRM" and "post-FIRM" structures. This suggests that ≥100-year floods are occurring more frequently than statutory frequencies suggest. For US homeowners, this suggests that flood insurance is a good deal in a variety of settings. The NFIP data analyzed here contrasts with our group's previous, largely model-driven research. Such empirical flood data exclude model assumptions, but add dizzying array of human and political factors into the resulting spatial and temporal patterns. Parsing out the hydrologic, climatic, social, and political factors influencing flood risk and resilience is crucial for sound management of NFIP and other programs. The US Congress will debate reauthorization and possible revision of NFIP in 2017.

  16. Will new IUD debate lower Dalkon Shield settlements?

    PubMed

    1991-07-01

    A recent study challenging the risk associated with the use of IUDs will have little impact on the settlements of claims against the maker of the Dalkon Shield, an IUD believed to have caused pelvic inflammatory disease (PID) and other medical problems among its users. Recently, Richard Kronmal, a biostatistician from the University of Washington in Seattle, questioned the data from the Women's Health Study, an investigation sponsored by the National Institutes of Health, which found that the relative risk of PID among IUD users is 1.6. According to Kronmal, the actual relative risk is only 1.2. While other scientists came to the defense of the Women's Health Study, the press reported that Kronmal's report would lead to lower damage settlements for former Dalkon Shield users who have filed a claim against A.H. Robins Corp., the maker of the IUD. But according to Georgene Vairo, chair of the trust for the Dalkon Shield Claims Resolution Facility, the Kronmal study will have no impact on the settlements. Vairo says that the settlements will continue to be based on past offers, which range anywhere from %725 to 6-figure settlements, depending the amount of documentation and proof of injury. So far, the trust has settled some 137,000 claims. Furthermore, Vairo says that the trust still has $2.3 billion with which to settle claims, and has no incentive to reduce payments. The trust was set up by American Home Products Co., which acquired A.H. Robins after the maker of the Dalkon Shield filed for bankruptcy following increasing litigation claims from former Dalkon Shield users.

  17. Wind vs Water in Hurricanes: The Challenge of Multi-peril Hazard Modeling

    NASA Astrophysics Data System (ADS)

    Powell, M. D.

    2017-12-01

    With the advancing threat of Sea Level Rise much of the U. S. is in danger of falling into the "protection gap". Residential property flood risk is not yet covered by the insurance market. Many coastal properties are not paying into the National Flood Insurance Program (NFIP) at premiums commensurate with the risk. This is exasperated by the program being deep in debt, despite only covering a fraction of the potential loss, while windstorm insurance covers up to replacement value. This results in a battle that benefits nobody. Any significant hurricane will include both wind and storm surge perils at the same time and any coastal property has to contend with the risk of damage by both. If you have extensive flood damage your wind storm policy might deny your claim and your flood policy (if you even have one) will in most cases be constrained to a $250,000 limit. Bring on the litigators! Some homeowners will claim that the wind destroyed the home first and then it was carried away by flood waters or pulverized by waves. Insurers might respond that the storm surge did all the damage and deny the claim. We've seen this already following Hurricane Katrina in 2005, and Hurricane Ike in 2008, with thousands of litigation claims and a cottage industry of scientists serving as expert witnesses on both sides of the aisle. Congress responded in 2012 with the Coastal Act, which provided an "unfunded mandate" directing NOAA to provide wind and water level data to FEMA for input to their "Coastal Formula" for attributing loss to wind and water. The results of the formula would then limit the amount paid by the NFIP by subtracting out the wind loss portion. The Texas Windstorm Insurance Association (TWIA) went further by assembling a panel of experts to recommend guidelines for how the state should respond to future hurricane impacting properties on the Texas coast. The expert panel report was released in April of 2016, and TWIA is currently developing a comprehensive operational solution to collect wind and water level measurements, and to conduct observation based modeling of wind and water impacts. My presentation will discuss some of the challenges to wind and water hazard monitoring and modeling.

  18. Hip Arthroplasty Malpractice Claims in the Netherlands: Closed Claim Study 2000-2012.

    PubMed

    Zengerink, Imme; Reijman, Max; Mathijssen, Nina M C; Eikens-Jansen, Manon P; Bos, P Koen

    2016-09-01

    A total hip arthroplasty (THA) is a successful and reliable operation with few complications. These complications however, do form a potential source for compensation claims. In the Netherlands, there are no studies available concerning filed claims after THA. The aim of this study was to determine the incidence of claims related to THAs in the Netherlands and the reasons to claim, which claims lead to compensation, the costs involved for the insurer, and the demographics of the claimants. In this observational study, we analyzed all closed claims from 2000 to 2012 from the national largest insurer of medical liability and compared it to data from our national implant registry in the Netherlands. With the intention to contribute to prevention, we have identified the demographics of the claimant, the reasons for filing claims, and the outcome of claims. Overall, 516 claims were expressed in 280 closed claim files after THA. Claims were most often related to sciatic nerve injury (19.6%). Most claimants were women (71.6%) with an average age of 63.1 years. The median cost per compensated claim is €5.921. The claimant is more likely to be female and to be younger than the average patient receiving a THA. The incidence of a claim after a THA is 0.14%-0.30%. Nerve damage is the most common reason to file for compensation. The distribution in reasons to claim does not resemble the complication rate in literature after a THA. The outcome of this study can be used to improve patient care, safety, and costs. Copyright © 2016 Elsevier Inc. All rights reserved.

  19. DOE Office of Scientific and Technical Information (OSTI.GOV)

    Stone, R.

    Scientists from NOAA and Exxon dispute whether the Prince William Sound ecosystem is recovering from the Exxon Valdez spill. NOAA scientists claim that the Sound is still staggering from a major ecological blow and that crude oil weathering products are contaminating vast numbers of Alaskan wildlife. Exxon scientists claim that most of the biota of the Sound is returning to full strength and is largely free of oil from the spill. At the heart of the dispute is the technique of hydrocarbon fingerprinting to identify the source of crude. Exxon scientists claim that government scientists do not know how tomore » interpret the data, and that what they claim is contamination from Valdez crude actually comes from other sources, such as diesel soot from the smokestacks of ships used to collect fish for study. NOAA scientists claim that hydrocarbon fingerprinting is an inappropriate method for tracking oil-spill damage to biota, due to the varied ways in which living organisms metabolize petroleum.« less

  20. United States Southern Command * Home

    Science.gov Websites

    -Miami and USSOUTHCOM Army Lodging Household Goods Housing In-processing Newcomer Orientation Theater Government, evaluates medical care, property damage and carrier recovery claims, adjudicates and settles

  1. 48 CFR 3052.228-93 - Risk and indemnities (USCG).

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ..., HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSES AND FORMS SOLICITATION PROVISIONS AND CONTRACT... employees from and against all claims, demands, damages, liabilities, losses, suits and judgments (including...

  2. 48 CFR 3052.228-93 - Risk and indemnities (USCG).

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ..., HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSES AND FORMS SOLICITATION PROVISIONS AND CONTRACT... employees from and against all claims, demands, damages, liabilities, losses, suits and judgments (including...

  3. 48 CFR 3052.228-93 - Risk and indemnities (USCG).

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ..., HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSES AND FORMS SOLICITATION PROVISIONS AND CONTRACT... employees from and against all claims, demands, damages, liabilities, losses, suits and judgments (including...

  4. 48 CFR 3052.228-93 - Risk and indemnities (USCG).

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ..., HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSES AND FORMS SOLICITATION PROVISIONS AND CONTRACT... employees from and against all claims, demands, damages, liabilities, losses, suits and judgments (including...

  5. Inhibitory effect of essential oils on decay fungi and mold growth on wood

    Treesearch

    Vina W. Yang; Carol A. Clausen

    2007-01-01

    Structural damage and potential health risks caused by wood decay and mold fungi in residential structures have been a major concern for homeowners, building contractors and insurance companies alike. The combined damage from decay fungi and mold claims exceeds several billion US dollars annually. Protection against decay and mold growth on wood is a critical economic...

  6. After the Storm: Rebuilding Joplin High School

    ERIC Educational Resources Information Center

    French, Jim

    2012-01-01

    One of the deadliest and most destructive tornadoes in the history of the United States ripped through the southeast Missouri town of Joplin on May 22, 2011. As it traveled along a 13-mile path it claimed 161 lives and caused more than $151 million in damages. Ten schools were damaged or destroyed and Joplin High School was a total loss. Just 48…

  7. Managing moral hazard in motor vehicle accident insurance claims.

    PubMed

    Ebrahim, Shanil; Busse, Jason W; Guyatt, Gordon H; Birch, Stephen

    2013-05-01

    Motor vehicle accident (MVA) insurance in Canada is based primarily on two different compensation systems: (i) no-fault, in which policyholders are unable to seek recovery for losses caused by other parties (unless they have specified dollar or verbal thresholds) and (ii) tort, in which policyholders may seek general damages. As insurance companies pay for MVA-related health care costs, excess use of health care services may occur as a result of consumers' (accident victims) and/or producers' (health care providers) behavior - often referred to as the moral hazard of insurance. In the United States, moral hazard is greater for low dollar threshold no-fault insurance compared with tort systems. In Canada, high dollar threshold or pure no-fault versus tort systems are associated with faster patient recovery and reduced MVA claims. These findings suggest that high threshold no-fault or pure no-fault compensation systems may be associated with improved outcomes for patients and reduced moral hazard.

  8. Arguments for zero tolerance of sexual contact between doctors and patients.

    PubMed Central

    Cullen, R M

    1999-01-01

    Some doctors do enter into sexual relationships with patients. These relationships can be damaging to the patient involved. One response available to both individual doctors and to disciplinary bodies is to prohibit sexual contact between doctors and patients ("zero tolerance"). This paper considers five ways of arguing for a zero tolerance policy. The first rests on an empirical claim that such contact is almost always harmful to the patient involved. The second is based on a "principles" approach while the third originates in "virtues" ethics. The fourth argues that zero tolerance is an "a priori" truth. These four attempt to establish that the behaviour is always wrong and ought, therefore, to be prohibited. The fifth argument is counterfactual. It claims a policy that allowed sexual contact would have unacceptable consequences. Given the responsibility of regulatory bodies to protect the public, zero tolerance is a natural policy to develop. PMID:10635503

  9. Compensation for psychiatric injury: evolution of a law of nervous shock.

    PubMed

    Griffith, Richard

    2006-09-01

    District nurses will be well aware that if a person receives an injury because of someone else's negligence they are entitled to compensation for the harm that has been caused. However, where the injury is in the form of psychiatric harm the law has traditionally imposed rules that set out the conditions to be met before a successful claim for damages can be made. Even in today's enlightened society the law still does not always treat a psychiatric injury in the same way as a physical injury. In this article Richard Griffith outlines the development of the law in relation to psychiatric injury--historically called "nervous shock"--and considers the current approach to claims for damages where a person suffers psychiatric harm because of another's negligent act.

  10. Reducing medical claims cost to Ghana's National Health Insurance scheme: a cross-sectional comparative assessment of the paper- and electronic-based claims reviews.

    PubMed

    Nsiah-Boateng, Eric; Asenso-Boadi, Francis; Dsane-Selby, Lydia; Andoh-Adjei, Francis-Xavier; Otoo, Nathaniel; Akweongo, Patricia; Aikins, Moses

    2017-02-06

    A robust medical claims review system is crucial for addressing fraud and abuse and ensuring financial viability of health insurance organisations. This paper assesses claims adjustment rate of the paper- and electronic-based claims reviews of the National Health Insurance Scheme (NHIS) in Ghana. The study was a cross-sectional comparative assessment of paper- and electronic-based claims reviews of the NHIS. Medical claims of subscribers for the year, 2014 were requested from the claims directorate and analysed. Proportions of claims adjusted by the paper- and electronic-based claims reviews were determined for each type of healthcare facility. Bivariate analyses were also conducted to test for differences in claims adjustments between healthcare facility types, and between the two claims reviews. The electronic-based review made overall adjustment of 17.0% from GHS10.09 million (USD2.64 m) claims cost whilst the paper-based review adjusted 4.9% from a total of GHS57.50 million (USD15.09 m) claims cost received, and the difference was significant (p < 0.001). However, there were no significant differences in claims cost adjustment rate between healthcare facility types by the electronic-based (p = 0.0656) and by the paper-based reviews (p = 0.6484). The electronic-based review adjusted significantly higher claims cost than the paper-based claims review. Scaling up the electronic-based review to cover claims from all accredited care providers could reduce spurious claims cost to the scheme and ensure long term financial sustainability.

  11. A sneaky surgical emergency: Acute compartment syndrome. Retrospective analysis of 66 closed claims, medico-legal pitfalls and damages evaluation.

    PubMed

    Marchesi, M; Marchesi, A; Calori, G M; Cireni, L V; Sileo, G; Merzagora, I; Zoia, R; Vaienti, L; Morini, O

    2014-12-01

    Acute compartment syndrome (ACS) is a clinical condition with potentially dramatic consequences, therefore, it is important to recognise and treat it early. Good management of ACS minimises or avoids the sequelae associated with a late diagnosis, and may also reduce the risk of malpractice claims. The aim of this article was to evaluate different errors ascribed to the surgeon and to identify how the damage was evaluated. A total of 66 completed and closed ACS cases were selected. The following were analysed for each case: clinical management before and after diagnosis of ACS, imputed errors, professional fault, damage evaluation and quantification. Particular attention was paid to distinguishing between impairment because of primary injury and iatrogenic impairment. Statistical analyses were performed using Fisher's exact test and Pearson's correlation. The most common presenting symptom was pain. Delay in the diagnosis, and hence delay in decompression, was common in the study. A total of 48 out of 66 cases resolved with the verdict of iatrogenic damage, which varied from 12% to 75% of global capability of the person. A total of $394,780 out of $574,680 (average payment) derived from a medical error. ACS is a clinical emergency that requires continuous clinical surveillance from both medical and nursing staff. The related damage should be evaluated in two parts: damage deriving from the trauma, so that it is considered inevitable and independent from the surgeon's conduct, and damage deriving from a surgeon's error, which is eligible for an indemnity payment. Copyright © 2014 Elsevier Ltd. All rights reserved.

  12. Co-speech hand movements during narrations: What is the impact of right vs. left hemisphere brain damage?

    PubMed

    Hogrefe, Katharina; Rein, Robert; Skomroch, Harald; Lausberg, Hedda

    2016-12-01

    Persons with brain damage show deviant patterns of co-speech hand movement behaviour in comparison to healthy speakers. It has been claimed by several authors that gesture and speech rely on a single production mechanism that depends on the same neurological substrate while others claim that both modalities are closely related but separate production channels. Thus, findings so far are contradictory and there is a lack of studies that systematically analyse the full range of hand movements that accompany speech in the condition of brain damage. In the present study, we aimed to fill this gap by comparing hand movement behaviour in persons with unilateral brain damage to the left and the right hemisphere and a matched control group of healthy persons. For hand movement coding, we applied Module I of NEUROGES, an objective and reliable analysis system that enables to analyse the full repertoire of hand movements independent of speech, which makes it specifically suited for the examination of persons with aphasia. The main results of our study show a decreased use of communicative conceptual gestures in persons with damage to the right hemisphere and an increased use of these gestures in persons with left brain damage and aphasia. These results not only suggest that the production of gesture and speech do not rely on the same neurological substrate but also underline the important role of right hemisphere functioning for gesture production. Copyright © 2016 Elsevier Ltd. All rights reserved.

  13. 29 CFR 15.23 - Restrictions on certain claims.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... or currency (which includes coin collections) only when lost incident to fire, flood, hurricane... hardware and software only when lost or damaged incident to fire, flood, hurricane, other natural disaster...

  14. 42 CFR 414.425 - Claims for damages.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... Office mailing address, phone number, email address and bidding number, and National Supplier...) The cost of submitting a bid. (2) Any fees or costs incurred for consulting or marketing. (3) Costs...

  15. Using insurance data to learn more about damages to buildings caused by surface runoff

    NASA Astrophysics Data System (ADS)

    Bernet, Daniel; Roethlisberger, Veronika; Prasuhn, Volker; Weingartner, Rolf

    2015-04-01

    In Switzerland, almost forty percent of total insurance loss due to natural hazards in the last two decades was caused by flooding. Those flood damages occurred not only within known inundation zones of water courses. Practitioners expect that roughly half of all flood damages lie outside of known inundation zones. In urban areas such damages may simply be caused by drainage system overload for instance. However, as several case studies show, natural and agricultural land play a major role in surface runoff formation leading to damages in rural and peri-urban areas. Although many damages are caused by surface runoff, the whole process chain including surface runoff formation, propagation through the landscape and damages to buildings is not well understood. Therefore, within the framework of a project, we focus our research on this relevant process. As such flash flood events have a very short response time and occur rather diffusely in the landscape, this process is very difficult to observe directly. Therefore indirect data sources with the potential to indicate spatial and temporal distributions of the process have to be used. For that matter, post-flood damage data may be a profitable source. Namely, insurance companies' damage claim records could provide a good picture about the spatial and temporal distributions of damages caused by surface runoff and, thus, about the process itself. In our research we analyze insurance data records of flood damage claims systematically to infer main drivers and influencing factors of surface runoff causing damages to buildings. To demonstrate the potential and drawbacks of using data from insurance companies in relation to damages caused by surface runoff, a case study is presented. A well-documented event with data from a public as well as a private insurance company is selected. The case study focuses on the differences of the datasets as well as the associated problems and advantages respectively. Furthermore, the analysis of the data, especially the crucial identification of damages caused by surface runoff opposed to damages caused by other processes such as riverine flooding, drainage system surcharges etc. are discussed.

  16. Challenges in the Asia-Pacific Theater for U.S. and Partner Nation Special Operations Forces

    DTIC Science & Technology

    2014-10-01

    Reef (claimed by the Philippines and Taiwan), and the Spratly Islands (claimed in whole or in part by Taiwan, Vietnam, the Philippines, Malaysia , and...Chain, extending from the Japan’s home islands to the Philippines and Malaysia , are potential sites for U.S. and coalition sensors, air defense...Economic damage inside the U.S. and China would also be severe. As an authoritarian country, with strict censorship controls and a large internal

  17. Has the rolling uterus finally gathered moss? Somatization and malingering of cognitive deficit in six cases of "toxic mold" exposure.

    PubMed

    Stone, David C; Boone, Kyle B; Back-Madruga, Carla; Lesser, Ira M

    2006-12-01

    This article reports six cases of litigants claiming neuropsychiatric impairment due to toxic mold exposure. In spite of recent growth in personal injury claims due to mold, numerous reviews of the literature have failed to find an association between environmental exposure to mold and neuropsychiatric and/or neuropsychological damage. We report data on six patients claiming harm, 4 of whom revealed a long history of somatization by history and psychological testing, and 2 of whom were shown to be malingering based on multiple indicators of non-credible performance. Of the 6 patients, only the 2 somatoform patients who were also depressed showed credible evidence of neuropsychological dysfunction. We review two other studies that have examined the link between mold exposure and cognitive impairment and discuss their limitations in view of the presenting behaviors of these 6 patients. Until the literature has established a credible link between mold and neuropsychiatric/neuropsychological impairment, jurists and clinicians must consider the ethics and potential harm of exposing somatoform patients to multiple unwarranted medical evaluations. Principles for forensic evaluations in this special population are reviewed.

  18. 29 CFR 15.23 - Restrictions on certain claims.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... coin collections) only when lost incident to fire, flood, hurricane, other natural disaster, or by... hardware and software only when lost or damaged incident to fire, flood, hurricane, other natural disaster...

  19. Patient injuries from anesthesia gas delivery equipment: a closed claims update.

    PubMed

    Mehta, Sonya P; Eisenkraft, James B; Posner, Karen L; Domino, Karen B

    2013-10-01

    Improvements in anesthesia gas delivery equipment and provider training may increase patient safety. The authors analyzed patient injuries related to gas delivery equipment claims from the American Society of Anesthesiologists Closed Claims Project database over the decades from 1970s to the 2000s. After the Institutional Review Board approval, the authors reviewed the Closed Claims Project database of 9,806 total claims. Inclusion criteria were general anesthesia for surgical or obstetric anesthesia care (n = 6,022). Anesthesia gas delivery equipment was defined as any device used to convey gas to or from (but not involving) the airway management device. Claims related to anesthesia gas delivery equipment were compared between time periods by chi-square test, Fisher exact test, and Mann-Whitney U test. Anesthesia gas delivery claims decreased over the decades (P < 0.001) to 1% of claims in the 2000s. Outcomes in claims from 1990 to 2011 (n = 40) were less severe, with a greater proportion of awareness (n = 9, 23%; P = 0.003) and pneumothorax (n = 7, 18%; P = 0.047). Severe injuries (death/permanent brain damage) occurred in supplemental oxygen supply events outside the operating room, breathing circuit events, or ventilator mishaps. The majority (85%) of claims involved provider error with (n = 7) or without (n = 27) equipment failure. Thirty-five percent of claims were judged as preventable by preanesthesia machine check. Gas delivery equipment claims in the Closed Claims Project database decreased in 1990-2011 compared with earlier decades. Provider error contributed to severe injury, especially with inadequate alarms, improvised oxygen delivery systems, and misdiagnosis or treatment of breathing circuit events.

  20. Clinical negligence claims in pediatric surgery in England: pattern and trends.

    PubMed

    Thyoka, Mandela

    2015-02-01

    We hypothesized that there has been an increase in the number of successful litigation claims in pediatric surgery in England. Our aim was to report the incidence, causes, and costs of clinical negligence claims against the National Health Service (NHS) in relation to pediatric surgery. We queried the NHS Litigation Authority (NHSLA) on litigation claims among children undergoing pediatric surgery in England (2004-2012). We decided a priori to only examine closed cases (decision and payment made). Data included year of claim, year of payment of claim, payment per claim, paid-to-closed ratio, and severity of outcome of clinical incident. Out of 112 clinical negligence claims in pediatric surgery, 93 (83%) were finalized-73 (65%) were settled and damages paid to the claimant and 20 (18%) were closed with no payment, and 19 (17%) remain open. The median payment was £13,537 (600-500,000) and median total cost borne by NHSLA was £31,445 (600-730,202). Claims were lodged at a median interval of 2 (0-13) years from time of occurrence with 55 (75%) cases being settled within the 3 years of being received. The commonest reasons for claims were postoperative complications (n=20, 28%), delayed treatment (n=16, 22%), and/or diagnosis (n=14, 19%). Out of 73, 17 (23%) closed claims resulted in case fatality. Conclusion: Two-thirds of all claims in pediatric surgery resulted in payment to claimant, and the commonest reasons for claims were postoperative complications, delayed treatment, and/or diagnosis. Nearly a quarter of successful claims were in cases where negligence resulted in case fatality. Pediatric surgeons should be aware of common diagnostic and treatment shortfalls as high-risk areas of increased susceptibility to clinical negligence claims. Georg Thieme Verlag KG Stuttgart · New York.

  1. Humility pills: building an ethics of cognitive enhancement.

    PubMed

    Goodman, Rob

    2014-06-01

    The use of cognition-enhancing drugs (CEDs) appears to be increasingly common in both academic and workplace settings. But many universities and businesses have not yet engaged with the ethical challenges raised by CED use. This paper considers criticisms of CED use with a particular focus on the Accomplishment Argument: an influential set of claims holding that enhanced work is less dignified, valuable, or authentic, and that cognitive enhancement damages our characters. While the Accomplishment Argument assumes a view of authorship based on individual credit-taking, an impersonal or collaborative view is just as possible. This paper considers the benefits of this view-including humility, a value often claimed by critics of enhancement-and argues that such a view is consistent with open CED use. It proposes an ethics of cognitive enhancement based on toleration, transparency, and humility, and it discusses how institutions and individuals can build a culture of open cognitive enhancement. © The Author 2014. Published by Oxford University Press, on behalf of the Journal of Medicine and Philosophy Inc. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

  2. 32 CFR 757.4 - Claims that may be collected.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... members and Government employees for damages caused by their simple negligence while acting within the... 2101-2). Collection action shall be taken against third parties liable in tort. Collection action shall...

  3. It may be harder than we thought, but political diversity will (still) improve social psychological science.

    PubMed

    Crawford, Jarret T; Duarte, José L; Haidt, Jonathan; Jussim, Lee; Stern, Charlotta; Tetlock, Philip E

    2015-01-01

    In our target article, we made four claims: (1) Social psychology is now politically homogeneous; (2) this homogeneity sometimes harms the science; (3) increasing political diversity would reduce this damage; and (4) some portion of the homogeneity is due to a hostile climate and outright discrimination against non-liberals. In this response, we review these claims in light of the arguments made by a diverse group of commentators. We were surprised to find near-universal agreement with our first two claims, and we note that few challenged our fourth claim. Most of the disagreements came in response to our claim that increasing political diversity would be beneficial. We agree with our critics that increasing political diversity may be harder than we had thought, but we explain why we still believe that it is possible and desirable to do so. We conclude with a revised list of 12 recommendations for improving political diversity in social psychology, as well as in other areas of the academy.

  4. A report on 15 years of clinical negligence claims in rhinology.

    PubMed

    Geyton, Thomas; Odutoye, Tunde; Mathew, Rajeev

    2014-01-01

    This study was designed to determine the characteristics of medical negligence claims in rhinology. In 2010-2011 the National Health Service (NHS) litigation bill surpassed 1 billion Great British Pounds (GBP; 1.52 billion U.S. dollars [US$]). Systematic analysis of malpractice complaints allows for the identification of errors and can thereby improve patient safety and reduce the burden of litigation claims on health services. Claims relating to ear, nose, and throat between 1995 and 2010 were obtained from the NHS Litigation Authority and were analyzed. The series contains 65 closed claims that resulted in payment totaling 3.1 million GBP (US$4.7 million). Fifty claims were related to surgical complications. Functional endoscopic sinus surgery and septoplasty were the procedures most commonly associated with successful claims. There were 11 cases of orbital injury including 6 cases of visual loss and 5 cases of diplopia. The most common cause of a claim was failure to recognize the complication or manage it appropriately. Lack of informed consent was claimed in eight cases. Other claims arose because of errors in outpatient procedures (two), diagnosis (six), delayed surgery (one), and errors in medical management (three). This is the first study to report the outcomes of negligence claims in rhinology in the United Kingdom. Claims in rhinology are associated with a high success rate. Steps that can be taken to reduce litigation include careful patient workup and ensuring adequate informed consent. Where there is a suspicion of orbital damage early recognition and intervention is needed to reduce long-term injury to the patient.

  5. Doctors and retribution: the hospitalisation of compensation claims in the Highlands of Papua New Guinea.

    PubMed

    van Amstel, Hans; van der Geest, Sjaak

    2004-11-01

    The cultures in the Papua New Guinea Highlands are characterised by a tradition of retribution. Compensation is part of an elaborate system of exchanging gifts, goods and services. Compensation is paid to those who have suffered some kind of loss for which others are held responsible. Such incidents include death or injury caused by fighting, a road accident or domestic violence, theft, rape, gossip, and property damage. Fear of revenge is an important motive for paying compensation. The hospital has become an increasingly important institution for retribution. It provides medical reports to support compensation claims of physical damage in cases involving violence or an accident. Case material, collected by one of the authors who conducted fieldwork in a hospital in the Southern Highlands, shows that the hospital has established itself as an authoritative actor in the local compensation culture. Doctors spend about one afternoon per week writing medical reports for compensation claims. These reports have become an attractive extra source of income for the hospital. The article describes and analyses a number of cases to illustrate the hospital's role in the production and legitimisation of retribution.

  6. 20 CFR 362.10 - Principal types of claims allowable.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... Board's perspective, reasonable, useful, or proper for the employee to possess under the circumstances at the time of the loss or damage. Any questions in this regard are to be resolved by the Deputy...

  7. 32 CFR 564.52 - Statutory authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... appropriated, * * * For payment of * * *; claims (not to exceed $1,000 in any one case) for damages to or loss..., either during the stay of units of said organizations at such camps or while en route thereto or...

  8. 32 CFR 564.52 - Statutory authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... appropriated, * * * For payment of * * *; claims (not to exceed $1,000 in any one case) for damages to or loss..., either during the stay of units of said organizations at such camps or while en route thereto or...

  9. 32 CFR 564.52 - Statutory authority.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... appropriated, * * * For payment of * * *; claims (not to exceed $1,000 in any one case) for damages to or loss..., either during the stay of units of said organizations at such camps or while en route thereto or...

  10. 32 CFR 564.52 - Statutory authority.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... appropriated, * * * For payment of * * *; claims (not to exceed $1,000 in any one case) for damages to or loss..., either during the stay of units of said organizations at such camps or while en route thereto or...

  11. 32 CFR 564.52 - Statutory authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... appropriated, * * * For payment of * * *; claims (not to exceed $1,000 in any one case) for damages to or loss..., either during the stay of units of said organizations at such camps or while en route thereto or...

  12. 32 CFR 842.50 - Claims not payable.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... United States who is empowered by law to execute searches, seize evidence, or make arrests for violations... defense emergency. (x) Is for patent or copyright infringement. (y) Is for damage to property of a state...

  13. 32 CFR 842.50 - Claims not payable.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... United States who is empowered by law to execute searches, seize evidence, or make arrests for violations... defense emergency. (x) Is for patent or copyright infringement. (y) Is for damage to property of a state...

  14. 32 CFR 842.50 - Claims not payable.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... United States who is empowered by law to execute searches, seize evidence, or make arrests for violations... defense emergency. (x) Is for patent or copyright infringement. (y) Is for damage to property of a state...

  15. 25 CFR 10.4 - What happens if the policies and standards are not followed?

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... of the tribes and the Federal government through tort claims. Funding sources for detention programs... funding from potential resource sharing agreements with other law enforcement agencies may be damaged...

  16. Under what conditions is recognition spared relative to recall after selective hippocampal damage in humans?

    PubMed

    Holdstock, J S; Mayes, A R; Roberts, N; Cezayirli, E; Isaac, C L; O'Reilly, R C; Norman, K A

    2002-01-01

    The claim that recognition memory is spared relative to recall after focal hippocampal damage has been disputed in the literature. We examined this claim by investigating object and object-location recall and recognition memory in a patient, YR, who has adult-onset selective hippocampal damage. Our aim was to identify the conditions under which recognition was spared relative to recall in this patient. She showed unimpaired forced-choice object recognition but clearly impaired recall, even when her control subjects found the object recognition task to be numerically harder than the object recall task. However, on two other recognition tests, YR's performance was not relatively spared. First, she was clearly impaired at an equivalently difficult yes/no object recognition task, but only when targets and foils were very similar. Second, YR was clearly impaired at forced-choice recognition of object-location associations. This impairment was also unrelated to difficulty because this task was no more difficult than the forced-choice object recognition task for control subjects. The clear impairment of yes/no, but not of forced-choice, object recognition after focal hippocampal damage, when targets and foils are very similar, is predicted by the neural network-based Complementary Learning Systems model of recognition. This model postulates that recognition is mediated by hippocampally dependent recollection and cortically dependent familiarity; thus hippocampal damage should not impair item familiarity. The model postulates that familiarity is ineffective when very similar targets and foils are shown one at a time and subjects have to identify which items are old (yes/no recognition). In contrast, familiarity is effective in discriminating which of similar targets and foils, seen together, is old (forced-choice recognition). Independent evidence from the remember/know procedure also indicates that YR's familiarity is normal. The Complementary Learning Systems model can also accommodate the clear impairment of forced-choice object-location recognition memory if it incorporates the view that the most complete convergence of spatial and object information, represented in different cortical regions, occurs in the hippocampus.

  17. An Evidence-Based Review on Medicinal Plants Used as Insecticide and Insect Repellent in Traditional Iranian Medicine

    PubMed Central

    Cheraghi Niroumand, Mina; Farzaei, Mohammad Hosein; Karimpour Razkenari, Elahe; Amin, Gholamreza; Khanavi, Mahnaz; Akbarzadeh, Tahmineh; Shams-Ardekani, Mohammad Reza

    2016-01-01

    Context Insects can be the cause of major ecological problems; they can transmit microbes and parasites that affect humans, and damage food crops, trees, and homes. The total economic cost of insect-related damage and disease is immeasurable. In traditional Iranian medicine (TIM), several medicinal plants have been identified as insecticides or insect repellents, but many of them are still unknown. Therefore, the aim of this study was to review the insecticidal or insect repellent activity of certain medicinal plants described in TIM. Evidence Acquisition Information about medicinal plants proposed as insecticides and insect repellents in the TIM was collected from the TIM literature, and searched in modern medical databases to find studies that confirmed their efficacy. Results Modern investigations have supported the claims of the insecticidal activity of several plants, including Allium sativum, Artemisia absinthium, Citrullus colocynthis, Laurus nobilis, Mentha pulegium, Myrtus communis, Nerium oleander, Ocimum basilicum, and Origanum majorana. However, in the cases of plants like Iris florentina and Malva sylvestris, there is not enough evidence in modern medicine to prove their effectiveness with regard to their insecticidal and insect repellent activities. Conclusions This study confirmed the Iranian traditional medicine claims of the insecticidal and insect repellent activity of certain plants. Further pharmacological and clinical studies are recommended to evaluate the overall efficacy and possible mechanisms underlying these herbs. PMID:27186389

  18. An Evidence-Based Review on Medicinal Plants Used as Insecticide and Insect Repellent in Traditional Iranian Medicine.

    PubMed

    Cheraghi Niroumand, Mina; Farzaei, Mohammad Hosein; Karimpour Razkenari, Elahe; Amin, Gholamreza; Khanavi, Mahnaz; Akbarzadeh, Tahmineh; Shams-Ardekani, Mohammad Reza

    2016-02-01

    Insects can be the cause of major ecological problems; they can transmit microbes and parasites that affect humans, and damage food crops, trees, and homes. The total economic cost of insect-related damage and disease is immeasurable. In traditional Iranian medicine (TIM), several medicinal plants have been identified as insecticides or insect repellents, but many of them are still unknown. Therefore, the aim of this study was to review the insecticidal or insect repellent activity of certain medicinal plants described in TIM. Information about medicinal plants proposed as insecticides and insect repellents in the TIM was collected from the TIM literature, and searched in modern medical databases to find studies that confirmed their efficacy. Modern investigations have supported the claims of the insecticidal activity of several plants, including Allium sativum, Artemisia absinthium, Citrullus colocynthis, Laurus nobilis, Mentha pulegium, Myrtus communis, Nerium oleander, Ocimum basilicum, and Origanum majorana. However, in the cases of plants like Iris florentina and Malva sylvestris, there is not enough evidence in modern medicine to prove their effectiveness with regard to their insecticidal and insect repellent activities. This study confirmed the Iranian traditional medicine claims of the insecticidal and insect repellent activity of certain plants. Further pharmacological and clinical studies are recommended to evaluate the overall efficacy and possible mechanisms underlying these herbs.

  19. Analysis of the French insurance market exposure to floods: a stochastic model combining river overflow and surface runoff

    NASA Astrophysics Data System (ADS)

    Moncoulon, D.; Labat, D.; Ardon, J.; Onfroy, T.; Leblois, E.; Poulard, C.; Aji, S.; Rémy, A.; Quantin, A.

    2013-07-01

    The analysis of flood exposure at a national scale for the French insurance market must combine the generation of a probabilistic event set of all possible but not yet occurred flood situations with hazard and damage modeling. In this study, hazard and damage models are calibrated on a 1995-2012 historical event set, both for hazard results (river flow, flooded areas) and loss estimations. Thus, uncertainties in the deterministic estimation of a single event loss are known before simulating a probabilistic event set. To take into account at least 90% of the insured flood losses, the probabilistic event set must combine the river overflow (small and large catchments) with the surface runoff due to heavy rainfall, on the slopes of the watershed. Indeed, internal studies of CCR claim database has shown that approximately 45% of the insured flood losses are located inside the floodplains and 45% outside. 10% other percent are due to seasurge floods and groundwater rise. In this approach, two independent probabilistic methods are combined to create a single flood loss distribution: generation of fictive river flows based on the historical records of the river gauge network and generation of fictive rain fields on small catchments, calibrated on the 1958-2010 Météo-France rain database SAFRAN. All the events in the probabilistic event sets are simulated with the deterministic model. This hazard and damage distribution is used to simulate the flood losses at the national scale for an insurance company (MACIF) and to generate flood areas associated with hazard return periods. The flood maps concern river overflow and surface water runoff. Validation of these maps is conducted by comparison with the address located claim data on a small catchment (downstream Argens).

  20. Methodology to improve process understanding of surface runoff causing damages to buildings by analyzing insurance data records

    NASA Astrophysics Data System (ADS)

    Bernet, Daniel; Prasuhn, Volker; Weingartner, Rolf

    2015-04-01

    Several case studies in Switzerland highlight that many buildings which are damaged by floods are not located within the inundation zones of rivers, but outside the river network. In urban areas, such flooding can be caused by drainage system surcharge, low infiltration capacity of the urbanized landscape etc. However, in rural and peri-urban areas inundations are more likely caused by surface runoff formed on natural and arable land. Such flash floods have very short response time, occur rather diffusely and, thus, are very difficult to observe directly. In our approach, we use data records from private, but mostly from public insurance companies. The latter, present in 19 out of the total 26 Cantons of Switzerland, insure (almost) every building within the respective administrative zones and, in addition, hold a monopoly position. Damage claims, including flood damages, are usually recorded and, thus, data records from such public insurance companies are a very profitable data source to better understand surface runoff leading to damages. Although practitioners agree that this process is relevant, there seems to be a knowledge gap concerning spatial and temporal distributions as well as triggers and influencing factors of such damage events. Within the framework of a research project, we want to address this research gap and improve the understanding of the process chain from surface runoff formation up to possible damages to buildings. This poster introduces the methodology, which will be applied to a dataset including data from the majority of all 19 public insurance companies for buildings in Switzerland, counting over 50'000 damage claims, in order to better understand surface runoff. The goal is to infer spatial and temporal patterns as well as drivers and influencing factors of surface runoff possibly causing damages. In particular, the workflow of data acquisition, harmonization and treatment is outlined. Furthermore associated problems and challenges are discussed. Ultimately, the improved process understanding will be used to develop a new modeling approach.

  1. Implementing US-style anti-fraud laws in the Australian pharmaceutical and health care industries.

    PubMed

    Faunce, Thomas A; Urbas, Gregor; Skillen, Lesley

    2011-05-02

    This article critically analyses the prospects for introducing United States anti-fraud (or anti-false claims) laws in the Australian health care setting. Australian governments spend billions of dollars each year on medicines and health care. A recent report estimates that the money lost to corporate fraud in Australia is growing at an annual rate of 7%, but that only a third of the losses are currently being detected. In the US, qui tam provisions - the component of anti-fraud or anti-false claims laws involving payments to whistleblowers - have been particularly successful in providing critical evidence allowing public prosecutors to recover damages for fraud and false claims made by corporations in relation to federal and state health care programs. The US continues to strengthen such anti-fraud measures and to successfully apply them to a widening range of areas involving large public investment. Australia still suffers from the absence of any comprehensive scheme that not only allows treble damages recovery for fraud on the public purse, but crucially supports such actions by providing financial encouragement for whistleblowing corporate insiders to expose evidence of fraud. Potential areas of application could include direct and indirect government expenditure on health care service provision, pharmaceuticals, medical devices, defence, carbon emissions compensation and tobacco-related illness. The creation in Australia of an equivalent to US anti-false claims legislation should be a policy priority, particularly in a period of financial stringency.

  2. 45 CFR 79.3 - Basis for civil penalties and assessments.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... shall be in lieu of damages sustained by the Government because of such claim. (b) Statements. (1... title XVIII of the Social Security Act; (iv) Aid to families with dependent children under a State plan...

  3. 45 CFR 79.3 - Basis for civil penalties and assessments.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... shall be in lieu of damages sustained by the Government because of such claim. (b) Statements. (1... title XVIII of the Social Security Act; (iv) Aid to families with dependent children under a State plan...

  4. 45 CFR 79.3 - Basis for civil penalties and assessments.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... shall be in lieu of damages sustained by the Government because of such claim. (b) Statements. (1... title XVIII of the Social Security Act; (iv) Aid to families with dependent children under a State plan...

  5. 7 CFR 1499.14 - Noncompliance with an agreement.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    .... If a participant fails to comply with a term of an agreement, FAS may take one or more of the... participant. FAS may also initiate a claim against a participant if the donated commodities are damaged or...

  6. 7 CFR 1499.14 - Noncompliance with an agreement.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    .... If a participant fails to comply with a term of an agreement, FAS may take one or more of the... participant. FAS may also initiate a claim against a participant if the donated commodities are damaged or...

  7. 7 CFR 1499.14 - Noncompliance with an agreement.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    .... If a participant fails to comply with a term of an agreement, FAS may take one or more of the... participant. FAS may also initiate a claim against a participant if the donated commodities are damaged or...

  8. [Responsibility due to medication errors in France: a study based on SHAM insurance data].

    PubMed

    Theissen, A; Orban, J-C; Fuz, F; Guerin, J-P; Flavin, P; Albertini, S; Maricic, S; Saquet, D; Niccolai, P

    2015-03-01

    The safe medication practices at the hospital constitute a major public health problem. Drug supply chain is a complex process, potentially source of errors and damages for the patient. SHAM insurances are the biggest French provider of medical liability insurances and a relevant source of data on the health care complications. The main objective of the study was to analyze the type and cause of medication errors declared to SHAM and having led to a conviction by a court. We did a retrospective study on insurance claims provided by SHAM insurances with a medication error and leading to a condemnation over a 6-year period (between 2005 and 2010). Thirty-one cases were analysed, 21 for scheduled activity and 10 for emergency activity. Consequences of claims were mostly serious (12 deaths, 14 serious complications, 5 simple complications). The types of medication errors were a drug monitoring error (11 cases), an administration error (5 cases), an overdose (6 cases), an allergy (4 cases), a contraindication (3 cases) and an omission (2 cases). Intravenous route of administration was involved in 19 of 31 cases (61%). The causes identified by the court expert were an error related to service organization (11), an error related to medical practice (11) or nursing practice (13). Only one claim was due to the hospital pharmacy. The claim related to drug supply chain is infrequent but potentially serious. These data should help strengthen quality approach in risk management. Copyright © 2014 Elsevier Masson SAS. All rights reserved.

  9. Planning outstanding reserves in general insurance

    NASA Astrophysics Data System (ADS)

    Raeva, E.; Pavlov, V.

    2017-10-01

    Each insurance company have to ensure its solvency through presentation of accounts for its own reserves in the start of the year. Usually the task of the actuary is to estimate the state of the company on an annual basis and the expectation of the status of the company for a future period. One of the major problem when calculating the liabilities of the incurred claims, is related to the delay of payments. Object of consideration in the present note are the outstanding claim reserves, which are set aside to cover claims, occurred before the date of the annual account, but still not paid, and related with them expenses. There may be different reasons for the delay of claims settlement. For example, continuation the process of the liquidation of the damage waiting for necessary documents or the presence of controversial cases whose permission takes time, etc. Thus the claims, which determine the outstanding reserves could be divided in the following types: claims, which are reported, but not settled (RBNS); claims, which are incurred but not reported (IBNR); claims, whose case is finished, but it is possible to be reopened. When calculating the reserves for IBNR claims, most widely used is the Chain-ladder method and its modification presented by the Bornhuetter - Ferguson method. For modeling the outstanding claims, the available data should be presented in so called run-off triangle, which underlies in the basis of such methods. The present work provides a review of the algorithm for calculating insurance outstanding claim reserves according to the Chain-ladder method. Using available data for claims related to liability of drivers, registered in Bulgaria an example is constructed to illustrate the methodology of the Chain-Ladder method. Back-testing approach is used for validating the results.

  10. Blood recipient unable to recover damages based on fraud.

    PubMed

    1995-05-05

    A court ruled that [name removed] is unable to sue for fraud after acquiring HIV through a blood transfusion in 1982. [Name removed], who sued the hospital, her cardiologist, and two physicians, claimed she did not learn she had received a blood transfusion until after she was diagnosed with AIDS. She tested positive for HIV antibodies in March 1992 and was diagnosed with AIDS. The Supreme Court said a cause of action for actual fraud must be filed within six years from the date of the fraudulent act or two years from the date the plaintiff discovered the fraud.

  11. The US Medical Liability System: Evidence for Legislative Reform

    PubMed Central

    Guirguis-Blake, Janelle; Fryer, George E.; Phillips, Robert L.; Szabat, Ronald; Green, Larry A.

    2006-01-01

    BACKGROUND Despite state and federal efforts to implement medical malpractice reform, there is limited evidence on which to base policy decisions. The National Practitioner Data Bank (NPDB) offers an opportunity to evaluate the effects of previous malpractice tort reforms on malpractice payments and premiums. METHODS For every state and the District of Columbia, we calculated the number of malpractice payments, total amount paid, and average payment from NPDB data reported from 1999 through 2001. We analyzed 44,913 claims using logistic regression to study associations between payments, physician premiums, and 10 state statutory tort reforms. RESULTS Wide variations exist in malpractice payments among states. The reforms most associated with lower payments and premiums were total and noneconomic damage caps. Mean payments were 26% lower in states with total damage caps ($196,495.34 vs $265,554.50, P = .001). Mean payments were 22% less in states with noneconomic damage caps ($219,225.98 vs $279,849.86, P = .010). Total damage caps were associated with lower mean annual premiums, especially for obstetricians ($22,371.57 vs $42,728.68, P <.001). Hard noneconomic damage caps were associated with premium reductions for obstetricians (30,283.75 vs 45,740.88; P = .039). CONCLUSIONS Significant reductions in malpractice payments could be realized if total or noneconomic damage caps were operating nationally. Hard noneconomic damage and total damage caps could yield lower premiums. If tied to a comprehensive plan for reform, the money saved could be diverted to implement alternative approaches to patient compensation or be used to achieve other systems reform benefiting patients, employers, physicians, and hospitals. PMID:16735526

  12. The US Medical Liability System: evidence for legislative reform.

    PubMed

    Guirguis-Blake, Janelle; Fryer, George E; Phillips, Robert L; Szabat, Ronald; Green, Larry A

    2006-01-01

    Despite state and federal efforts to implement medical malpractice reform, there is limited evidence on which to base policy decisions. The National Practitioner Data Bank (NPDB) offers an opportunity to evaluate the effects of previous malpractice tort reforms on malpractice payments and premiums. For every state and the District of Columbia, we calculated the number of malpractice payments, total amount paid, and average payment from NPDB data reported from 1999 through 2001. We analyzed 44,913 claims using logistic regression to study associations between payments, physician premiums, and 10 state statutory tort reforms. Wide variations exist in malpractice payments among states. The reforms most associated with lower payments and premiums were total and noneconomic damage caps. Mean payments were 26% lower in states with total damage caps (196,495.34 dollars vs 265,554.50 dollars, P = .001). Mean payments were 22% less in states with noneconomic damage caps (219,225.98 dollars vs 279,849.86 dollars, P = .010). Total damage caps were associated with lower mean annual premiums, especially for obstetricians (22,371.57 dollars vs 42,728.68 dollars, P <.001). Hard noneconomic damage caps were associated with premium reductions for obstetricians (30,283.75 vs 45,740.88; P = .039). Significant reductions in malpractice payments could be realized if total or noneconomic damage caps were operating nationally. Hard noneconomic damage and total damage caps could yield lower premiums. If tied to a comprehensive plan for reform, the money saved could be diverted to implement alternative approaches to patient compensation or be used to achieve other systems reform benefiting patients, employers, physicians, and hospitals.

  13. The effect of medical malpractice liability on rate of referrals received by specialist physicians.

    PubMed

    Xu, Xiao; Spurr, Stephen J; Nan, Bin; Fendrick, A Mark

    2013-10-01

    Using nationally representative data from the United States, this paper analyzed the effect of a state’s medical malpractice environment on referral visits received by specialist physicians. The analytic sample included 12,839 ambulatory visits to specialist care doctors in office-based settings in the United States during 2003–2007. Whether the patient was referred for the visit was examined for its association with the state’s malpractice environment, assessed by the frequency and severity of paid medical malpractice claims, medical malpractice insurance premiums and an indicator for whether the state had a cap on non-economic damages. After accounting for potential confounders such as economic or professional incentives within practices, the analysis showed that statutory caps on non-economic damages of $250,000 were significantly associated with lower likelihood of a specialist receiving referrals, suggesting a potential impact of a state’s medical malpractice environment on physicians’ referral behavior.

  14. The Effect of Medical Malpractice Liability on Rate of Referrals Received by Specialist Physicians

    PubMed Central

    Xu, Xiao; Spurr, Stephen J.; Nan, Bin; Fendrick, A. Mark

    2013-01-01

    Using nationally representative data from the U.S., this paper analyzed the effect of a state’s medical malpractice environment on referral visits received by specialist physicians. The analytic sample included 12,839 ambulatory visits to specialist care doctors in office-based settings in the U.S. during 2003–2007. Whether the patient was referred for the visit was examined for its association with the state’s malpractice environment, assessed by the frequency and severity of paid medical malpractice claims, medical malpractice insurance premiums, and an indicator for whether the state had a cap on noneconomic damages. After accounting for potential confounders such as economic or professional incentives within practices, the analysis showed that statutory caps on noneconomic damages of $250,000 were significantly associated with lower likelihood of a specialist receiving referrals, suggesting a potential impact of a state’s medical malpractice environment on physicians’ referral behavior. PMID:23527533

  15. The Regulation of Medical Malpractice in Japan

    PubMed Central

    2008-01-01

    How Japanese legal and social institutions handle medical errors is little known outside Japan. For almost all of the 20th century, a paternalistic paradigm prevailed. Characteristics of the legal environment affecting Japanese medicine included few attorneys handling medical cases, low litigation rates, long delays, predictable damage awards, and low-cost malpractice insurance. However, transparency principles have gained traction and public concern over medical errors has intensified. Recent legal developments include courts’ adoption of a less deferential standard of informed consent; increases in the numbers of malpractice claims and of practicing attorneys; more efficient claims handling by specialist judges and speedier trials; and highly publicized criminal prosecutions of medical personnel. The health ministry is undertaking a noteworthy “model project” to enlist impartial specialists in investigation and analysis of possible iatrogenic hospital deaths to regain public trust in medicine’s capacity to assess its mistakes honestly and to improve patient safety and has proposed a nationwide peer review system based on the project’s methods. PMID:19002542

  16. Impaired integration of object knowledge and visual input in a case of ventral simultanagnosia with bilateral damage to area V4.

    PubMed

    Leek, E Charles; d'Avossa, Giovanni; Tainturier, Marie-Josèphe; Roberts, Daniel J; Yuen, Sung Lai; Hu, Mo; Rafal, Robert

    2012-01-01

    This study examines how brain damage can affect the cognitive processes that support the integration of sensory input and prior knowledge during shape perception. It is based on the first detailed study of acquired ventral simultanagnosia, which was found in a patient (M.T.) with posterior occipitotemporal lesions encompassing V4 bilaterally. Despite showing normal object recognition for single items in both accuracy and response times (RTs), and intact low-level vision assessed across an extensive battery of tests, M.T. was impaired in object identification with overlapping figures displays. Task performance was modulated by familiarity: Unlike controls, M.T. was faster with overlapping displays of abstract shapes than with overlapping displays of common objects. His performance with overlapping common object displays was also influenced by both the semantic relatedness and visual similarity of the display items. These findings challenge claims that visual perception is driven solely by feedforward mechanisms and show how brain damage can selectively impair high-level perceptual processes supporting the integration of stored knowledge and visual sensory input.

  17. 19 CFR 172.11 - Petitions acted on by Fines, Penalties, and Forfeitures Officer.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... empowered to mitigate any penalty or cancel any claim for liquidated damages on such terms and conditions as... of authority, the Fines, Penalties, and Forfeitures Officer is always empowered to cancel any case...

  18. 19 CFR 172.11 - Petitions acted on by Fines, Penalties, and Forfeitures Officer.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... empowered to mitigate any penalty or cancel any claim for liquidated damages on such terms and conditions as... of authority, the Fines, Penalties, and Forfeitures Officer is always empowered to cancel any case...

  19. 76 FR 68787 - Agency Information Collection Activities: Proposed Collection; Comments Requested: Extension of a...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-11-07

    ... Death ACTION: 60-Day notice of information collection under review. The Department of Justice (DOJ... collection. (2) Title of the Form/Collection: Claim for Damage, Injury, or Death. (3) Agency form number, if...

  20. 38 CFR 3.311 - Claims based on exposure to ionizing radiation.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... Department of Defense. (ii) Hiroshima and Nagasaki occupation claims. In all claims based on participation in... requested from the Department of Defense. (iii) Other exposure claims. In all other claims involving... Department of Defense is consistent with the claim that the veteran was present where and when the claimed...

  1. Professional dental and oral surgery liability in Italy: a comparative analysis of the insurance products offered to health workers.

    PubMed

    Di Lorenzo, Pierpaolo; Paternoster, Mariano; Nugnes, Mariarosaria; Pantaleo, Giuseppe; Graziano, Vincenzo; Niola, Massimo

    2016-01-01

    In Italy there has been an increase in claims for damages for alleged medical malpractice. A study was therefore conducted that aimed at assessing the content of the coverage of insurance policy contracts offered to oral health professionals by the insurance market. The sample analysed composed of 11 insurance policy contracts for professional dental liability offered from 2010 to 2015 by leading insurance companies operating in the Italian market. The insurance products analysed are structured on the "claims made" clause. No policy contract examined covers the damage due to the failure to acquire consent for dental treatment and, in most cases, damage due to unsatisfactory outcomes of treatment of an aesthetic nature and the failure to respect regulatory obligations on privacy. On entering into a professional liability insurance policy contract, the dentist should pay particular attention to the period covered by the guarantee, the risks both covered and excluded, as well as the extent of the limit of liability and any possible fixed/percentage excess. When choosing a professional liability contract, a dentist should examine the risks in relation to the professional activity carried out before signing.

  2. Counting the cost of negligence in neurosurgery: Lessons to be learned from 10 years of claims in the NHS.

    PubMed

    Hamdan, Alhafidz; Strachan, Roger D; Nath, Fredrick; Coulter, Ian C

    2015-04-01

    Despite substantial progress in modernising neurosurgery, the specialty still tops the list of medico-legal claims. Understanding the factors associated with negligence claims is vital if we are to identify areas of underperformance and subsequently improve patient safety. Here we provide data on trends in neurosurgical negligence claims over a 10-year period in England. We used data provided by the National Health Service Litigation Authority to analyse negligence claims related to neurosurgery from the financial years 2002/2003 to 2011/2012. Using the abstracts provided, we extracted information pertaining to the underlying pathology, injury severity, nature of misadventure and claim value. Over the 10-year period, the annual number of claims increased significantly. In total, there were 794 negligence claims (range 50-117/year); of the 613 closed cases, 405 (66.1%) were successful. The total cost related to claims during the 10 years was £65.7 million, with a mean claim per successful case of £0.16 million (total damages, defence and claimant costs of £45.1, £6.36 and £14.3 million, respectively). Claims related to emergency cases were more costly compared to those of elective cases (£209,327 vs. £112,627; P=0.002). Spinal cases represented the most frequently litigated procedures (350; 44.1% of total), inadequate surgical performance the most common misadventure (231; 29.1%) and fatality the commonest injury implicated in claims (102; 12.8%). Negligence claims related to wrong-site surgery and cauda equina syndrome were frequently successful (26/26; 100% and 14/16; 87.5% of closed cases, respectively). In England, the number of neurosurgical negligence claims is increasing, the financial cost substantial, and the burden significant. Lessons to be learned from the study are of paramount importance to reduce future cases of negligence and improve patient care.

  3. 38 CFR 14.514 - Suits by or against United States or Department of Veterans Affairs officials; indemnification of...

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... personal damage claim shall be contingent upon the availability of appropriated funds of the Department of... charged in his individual capacity, or whether attorneys employed by the Department of Veterans Affairs...

  4. Employment Discrimination in Higher Education.

    ERIC Educational Resources Information Center

    Hustoles, Thomas P.; Griffin, Oren R.

    2000-01-01

    Reviews court decisions related to employment discrimination in higher education. The most significant development was a series of cases affirming that Eleventh Amendment immunity from private money damage claims brought pursuant to various federal employment discrimination statutes applied to state colleges and universities. (SLD)

  5. 33 CFR 25.801 - Scope.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... of claims against the United States for damage to or loss of property resulting from containment or removal activities during Phase III or IV of the National Contingency Plan, under the Federal Water Pollution Control Act, as amended. 33 U.S.C. 1321. ...

  6. 32 CFR 750.47 - Measure of damages for property claims.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... appreciation in value effected through the repair shall be deducted from the actual or estimated gross cost of repairs. The amount of any net depreciation in the value of the property shall be added to such gross cost...

  7. Dispelling myths about dissociative identity disorder treatment: an empirically based approach.

    PubMed

    Brand, Bethany L; Loewenstein, Richard J; Spiegel, David

    2014-01-01

    Some claim that treatment for dissociative identity disorder (DID) is harmful. Others maintain that the available data support the view that psychotherapy is helpful. We review the empirical support for both arguments. Current evidence supports the conclusion that phasic treatment consistent with expert consensus guidelines is associated with improvements in a wide range of DID patients' symptoms and functioning, decreased rates of hospitalization, and reduced costs of treatment. Research indicates that poor outcome is associated with treatment that does not specifically involve direct engagement with DID self-states to repair identity fragmentation and to decrease dissociative amnesia. The evidence demonstrates that carefully staged trauma-focused psychotherapy for DID results in improvement, whereas dissociative symptoms persist when not specifically targeted in treatment. The claims that DID treatment is harmful are based on anecdotal cases, opinion pieces, reports of damage that are not substantiated in the scientific literature, misrepresentations of the data, and misunderstandings about DID treatment and the phenomenology of DID. Given the severe symptomatology and disability associated with DID, iatrogenic harm is far more likely to come from depriving DID patients of treatment that is consistent with expert consensus, treatment guidelines, and current research.

  8. Medical Malpractice Damage Caps and Provider Reimbursement.

    PubMed

    Friedson, Andrew I

    2017-01-01

    A common state legislative maneuver to combat rising healthcare costs is to reform the tort system by implementing caps on noneconomic damages awardable in medical malpractice cases. Using the implementation of caps in several states and large database of private insurance claims, I estimate the effect of damage caps on the amount providers charge to insurance companies as well as the amount that insurance companies reimburse providers for medical services. The amount providers charge insurers is unresponsive to tort reform, but the amount that insurers reimburse providers decreases for some procedures. Copyright © 2015 John Wiley & Sons, Ltd. Copyright © 2015 John Wiley & Sons, Ltd.

  9. 27 CFR 53.121 - Sales of taxable articles by a person other than the manufacturer, producer, or importer.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... examples illustrate this rule: (1) The surviving spouse, child or children, executors or administrators, or... in adjustment of a damage claim, such transfer is not considered a taxable sale of the article. If...

  10. 27 CFR 53.121 - Sales of taxable articles by a person other than the manufacturer, producer, or importer.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... examples illustrate this rule: (1) The surviving spouse, child or children, executors or administrators, or... in adjustment of a damage claim, such transfer is not considered a taxable sale of the article. If...

  11. 27 CFR 53.121 - Sales of taxable articles by a person other than the manufacturer, producer, or importer.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... examples illustrate this rule: (1) The surviving spouse, child or children, executors or administrators, or... in adjustment of a damage claim, such transfer is not considered a taxable sale of the article. If...

  12. 27 CFR 53.121 - Sales of taxable articles by a person other than the manufacturer, producer, or importer.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... examples illustrate this rule: (1) The surviving spouse, child or children, executors or administrators, or... in adjustment of a damage claim, such transfer is not considered a taxable sale of the article. If...

  13. 27 CFR 53.121 - Sales of taxable articles by a person other than the manufacturer, producer, or importer.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... examples illustrate this rule: (1) The surviving spouse, child or children, executors or administrators, or... in adjustment of a damage claim, such transfer is not considered a taxable sale of the article. If...

  14. Educational Malpractice: Why the Courts Say No.

    ERIC Educational Resources Information Center

    Hammes, Richard

    1989-01-01

    The courts have refused to award damages to litigants claiming educational malpractice. This article discusses recurring themes in the courts' rationale for their decisions. Discussion focuses on elements of negligence: the duty of care, the breach of duty, injury and proximate cause. (IAH)

  15. Counterinsurgency

    DTIC Science & Technology

    2006-12-15

    may use these narratives to mobi- lize the population. 3-51. Other cultural forms include ritual and symbols. A ritual is a stereotyped sequence of...investigations or legal actions. 8-46. In the case of claims for damages allegedly caused by counterinsurgents, legal reviews show genu - inely wronged people

  16. Limitations to the Measurement of Oxygen Concentrations by HRTEM Imposed by Surface Roughness

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Lupini, Andrew R; Chisholm, Matthew F; van Benthem, Klaus

    2005-01-01

    In an article published in Microscopy and Microanalysis recently (Jia et al., 2004), it was claimed that aberration-corrected high resolution transmission electron microscopy (HRTEM) allows the quantitative measurement of oxygen concentrations in ceramic materials with atomic resolution. Similar claims have recently appeared elsewhere, based on images obtained through aberration correction (Jia et al., 2003; Jia & Urban, 2004) or very high voltages (Zhang et al., 2003). Seeing oxygen columns is a significant achievement of great importance (Spence, 2003) that will doubtlessly allow some exciting new science; however, other models could provide a better explanation for some of the experimental datamore » than variations in the oxygen concentration. Quantification of the oxygen concentrations was attempted by comparing experimental images with simulations in which the fractional occupancy in individual oxygen columns was reduced. The results were interpreted as representing nonstoichiometry within the bulk and at grain boundaries. This is plausible because previous studies have shown that grain boundaries can be nonstoichiometric (Kim et al., 2001), and it is indeed possible that oxygen vacancies are present at boundaries or in the bulk. However, is this the only possible interpretation? We show that for the thicknesses considered a better match to the images is obtained using a simple model of surface damage in which atoms are removed from the surface, which would usually be interpreted as surface damage or local thickness variation (from ion milling, for example).« less

  17. DSC of human hair: a tool for claim support or incorrect data analysis?

    PubMed

    Popescu, C; Gummer, C

    2016-10-01

    Differential scanning calorimetry (DSC) data are increasingly used to substantiate product claims of hair repair. Decreasing peak temperatures may indicate structural changes and chemical damage. Increasing the DSC, wet peak temperature is, therefore, often considered as proof of hair repair. A detailed understanding of the technique and hair structure indicates that this may not be a sound approach. Surveying the rich literature on the use of dynamic thermal analysis (DTA) and differential scanning calorimetry (DSC) for the analyses of human hair and the effect of cosmetic treatments, we underline some of the problems of hair structure and data interpretation. To overcome some of the difficulties of data interpretation, we advise that DSC acquired data should be supported by other techniques when used for claim substantiation. In this way, one can provide meaningful interpretation of the hair science and robust data for product claims support. © 2016 Society of Cosmetic Scientists and the Société Française de Cosmétologie.

  18. Ambulatory surgery: is the liability risk lower?

    PubMed

    Metzner, Julia; Kent, Christopher D

    2012-12-01

    To summarize the currently available data on malpractice claims related to ambulatory anesthesia and provide an insight into the emerging patterns of anesthesia liability in this practice setting. At present, studies are mixed about how the continued growth of outpatient surgery will impact liability for anesthesiologists. Data derived from the ASA Closed Claims Project suggests that malpractice claims for major damaging events are less common in the outpatient settings than in inpatient settings. Correspondingly, the payment amounts for outpatient claims are significantly lower than those for inpatients. Nevertheless, nondisabling adverse events are common and involve respiratory, cardiac, equipment-related, and drug errors. In addition, the vast majority of injuries in outpatient claims was the result of substandard care and judged preventable by better monitoring. Although major incidents leading to malpractice suits are less, new liability exposure may be on the horizon, due to the changing landscape of ambulatory practice that permits care for sicker patients who require more complex surgeries. The areas of potential concern include postoperative discharge criteria, care for the obstructive sleep apnea patient, and the choice of anesthetic techniques such as neuraxial blocks and monitored anesthesia care. With steady increase in outpatient surgery, anesthesiologists are confronted with new areas of liability. More data are needed to identify these risks and reduce exposure to malpractice claims.

  19. Insurance for the Compounding Business, Part 1: Who is Covered?

    PubMed

    Baker, Kenneth R

    2008-01-01

    The practice of pharmacy was simpler in the past. Prior to the 1980s, pharmacists did not have to worry about "duty to warn" claims, or lawsuits for failure to adequately perform a prospective drug review, or claims that the pharmacist failed to counsel the patient adequately. In those earlier days, if a pharmacist put the right tablet in the bottle with the correct directions, there would be no claim or lawsuit. Occasionally, pharmacists would make a medication error. Putting the wrong pill in the bottle or mistyping the directions could result in serious injury and a significant claim for damages. But the number of errors was in keeping with the lower volume of prescriptions filled, and claims were relatively few. Today, community pharmacies fill over three billion presciptions annually. In keeping with that statistic, the number of claims against compounding pharmacists and pharmacies has, understandably, also increased. Not all insurance policies for pharmacy professional liability have kept up with the changes in pharmacy. With the divergence in pharmacy pracitices, coupled with the changes in pharmacists' duties and pharmacy law, the pharmnacist must read and understand insurance policies to be sure coverage is adequate. This article is intended to help pharmacy owners and pharmacists understand their needs and what to look for in their insurance policies.

  20. Owning the past, claiming the present: perspectives on the treatment of dissociative patients.

    PubMed

    Middleton, Warwick

    2005-03-01

    From the early 1990s there has been a growing awareness in Australia of dissociative processes and dissociative disorders. The objective in this paper is to provide a selective overview of the context and process of treatment based on the substantive dissociative disorders literature, ongoing clinical experience and research, and over 8 years as director of a trauma and dissociation unit at Belmont Hospital, Brisbane. The construct of individual selfhood is of direct relevance in illustrating the psychological damage sustained by patients who have relied on dissociative defences to survive, and in highlighting issues and areas that are a particular focus of informed treatment.

  1. The Grin Without the Cat: Claims for Damages From Toxic Exposure Without Present Injury

    DTIC Science & Technology

    1993-07-06

    testimony). See, Eagle-Picher Industries Inc. v. Cox, 481 So.2d 517,526N(Fla. App. 3 Dist. 1985); Devlin v. Johns - Manville Sales Corp., 495 A.2d 495...34); Herber v. Johns - Manville Corp., 785 F.2d 79 (3rd Cir. 1986). 164 Ball v. Joy Technologies, Inc. 958 F.2d 36(4th Cir. 1991)( "A claim for medical...in common a fibrous structure and a potential to be woven. A Physician’s Guide to Asbestos Related Diseases, supra. 223 Herber v. Johns - Manville Corp

  2. 41 CFR 102-37.205 - What agreements must a SASP make?

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... event of loss or damage due to negligence or willful misconduct on your part, repair, replace, or pay to... provided for by the Federal Tort Claims Act (28 U.S.C. 2671, et seq.). [67 FR 2584, Jan. 18, 2002, as...

  3. 24 CFR 18.1 - Policy.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... has been filed against the employee in his or her individual capacity as a result of conduct taken... charged in their individual capacities). (e) The employee may, thereafter, request indemnification to... personal damage claim, is contingent upon the availability of appropriated funds of the Department that are...

  4. 26 CFR 48.4219-1 - Sales of taxable articles by a person other than the manufacturer, producer, or importer.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... this rule: (1) The surviving spouse, child or children, executors or administrators, or other legal... a damage claim, such transfer is not considered a taxable sale of the article. If the article is...

  5. 26 CFR 48.4219-1 - Sales of taxable articles by a person other than the manufacturer, producer, or importer.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... this rule: (1) The surviving spouse, child or children, executors or administrators, or other legal... a damage claim, such transfer is not considered a taxable sale of the article. If the article is...

  6. 26 CFR 48.4219-1 - Sales of taxable articles by a person other than the manufacturer, producer, or importer.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... this rule: (1) The surviving spouse, child or children, executors or administrators, or other legal... a damage claim, such transfer is not considered a taxable sale of the article. If the article is...

  7. 49 CFR 1037.2 - Cars.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 49 Transportation 8 2012-10-01 2012-10-01 false Cars. 1037.2 Section 1037.2 Transportation Other... GENERAL RULES AND REGULATIONS BULK GRAIN AND GRAIN PRODUCTS-LOSS AND DAMAGE CLAIMS § 1037.2 Cars. A car is... railroad-leased cars. [57 FR 54334, Nov. 18, 1992] ...

  8. 49 CFR 1037.2 - Cars.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 49 Transportation 8 2013-10-01 2013-10-01 false Cars. 1037.2 Section 1037.2 Transportation Other... GENERAL RULES AND REGULATIONS BULK GRAIN AND GRAIN PRODUCTS-LOSS AND DAMAGE CLAIMS § 1037.2 Cars. A car is... railroad-leased cars. [57 FR 54334, Nov. 18, 1992] ...

  9. 49 CFR 1037.2 - Cars.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 49 Transportation 8 2011-10-01 2011-10-01 false Cars. 1037.2 Section 1037.2 Transportation Other... GENERAL RULES AND REGULATIONS BULK GRAIN AND GRAIN PRODUCTS-LOSS AND DAMAGE CLAIMS § 1037.2 Cars. A car is... railroad-leased cars. [57 FR 54334, Nov. 18, 1992] ...

  10. 49 CFR 1037.2 - Cars.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 49 Transportation 8 2014-10-01 2014-10-01 false Cars. 1037.2 Section 1037.2 Transportation Other... GENERAL RULES AND REGULATIONS BULK GRAIN AND GRAIN PRODUCTS-LOSS AND DAMAGE CLAIMS § 1037.2 Cars. A car is... railroad-leased cars. [57 FR 54334, Nov. 18, 1992] ...

  11. 49 CFR 1037.2 - Cars.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 49 Transportation 8 2010-10-01 2010-10-01 false Cars. 1037.2 Section 1037.2 Transportation Other... GENERAL RULES AND REGULATIONS BULK GRAIN AND GRAIN PRODUCTS-LOSS AND DAMAGE CLAIMS § 1037.2 Cars. A car is... railroad-leased cars. [57 FR 54334, Nov. 18, 1992] ...

  12. 49 CFR 1005.5 - Disposition of claims.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... Transportation Other Regulations Relating to Transportation (Continued) SURFACE TRANSPORTATION BOARD, DEPARTMENT... shall pay, decline, or make a firm compromise settlement offer in writing or electronically to the... to apply a depreciation factor to arrive at the current actual value of the lost or damaged item...

  13. 28 CFR 79.61 - Definitions.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ...) Cor pulmonale means heart disease, including hypertrophy of the right ventricle, due to pulmonary... Criteria for Claims by Ore Transporters § 79.61 Definitions. (a) Chronic renal disease means the chronic... injury means structural or functional damage to the kidney tubules that results in renal disease and...

  14. 28 CFR 79.51 - Definitions.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ...) Cor pulmonale means heart disease, including hypertrophy of the right ventricle, due to pulmonary... Criteria for Claims by Uranium Millers § 79.51 Definitions. (a) Chronic renal disease means the chronic... or functional damage to the kidney tubules that results in renal disease and dysfunction. (g) Miller...

  15. 28 CFR 79.51 - Definitions.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ...) Cor pulmonale means heart disease, including hypertrophy of the right ventricle, due to pulmonary... Criteria for Claims by Uranium Millers § 79.51 Definitions. (a) Chronic renal disease means the chronic... or functional damage to the kidney tubules that results in renal disease and dysfunction. (g) Miller...

  16. 28 CFR 79.61 - Definitions.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ...) Cor pulmonale means heart disease, including hypertrophy of the right ventricle, due to pulmonary... Criteria for Claims by Ore Transporters § 79.61 Definitions. (a) Chronic renal disease means the chronic... injury means structural or functional damage to the kidney tubules that results in renal disease and...

  17. December 2005 Status of Forces Survey of Active Duty Members: Administration, Datasets, and Codebook

    DTIC Science & Technology

    2006-06-01

    Moderate extent Small extent Not a problem p. Settling damage claims q. Non- reimbursed transportation...costs incurred during the move r. Timeliness of reimbursements s. Accuracy...of reimbursements t. Change in cost of living (Continued) For your most

  18. Investigation of earth borne vibrations due to highway traffic and/or construction blasting : final report.

    DOT National Transportation Integrated Search

    1986-06-01

    This study was undertaken to determine the magnitude of ground vibrations produced by traffic and/or construction blasting. Such information could provide a tool in defense of legal claims concerning physical damage to nearby properties. An engineeri...

  19. [The civil liability of obstetricians].

    PubMed

    Uphoff, R; Hindemith, J

    2011-12-01

    The number of maternal and child deaths associated with delivery in Germany has reached a historically low level. Even so, the number of claims for damages arising from birth complications is continuously increasing. The reasons for this apparent paradox are analysed in the present contribution. Basic principles of the present situation concerning legal precedents with regard to birth damages are illustrated. The legal instrumentarium which the courts use to reach their decisions is presented. The interactions of the reasons for liability are demonstrated for the five most frequently occurring critical obstetric situations (intrauterine asphyxia, premature amniorrhexis, danger of premature birth, intrauterine growth retardation, birth of a depressed child).From an analysis of court decisions on liability questions that result from an objective failure of obstetric management in critical situations, four general empirical rules can be derived and observation of these rules could markedly reduce the number of patient claims. The function of civil court rulings as a necessary control instance is positively accepted. © Georg Thieme Verlag KG Stuttgart · New York.

  20. Do falls and falls-injuries in hospital indicate negligent care -- and how big is the risk? A retrospective analysis of the NHS Litigation Authority Database of clinical negligence claims, resulting from falls in hospitals in England 1995 to 2006.

    PubMed

    Oliver, D; Killick, S; Even, T; Willmott, M

    2008-12-01

    Accidental falls are very common in older hospital patients -- accounting for 32% of reported adult patient safety incidents in UK National Health Service (NHS) hospitals and occurring with similar frequency in settings internationally. In countries where the population is ageing, and care is provided in inpatient settings, falls prevention is therefore a significant and growing risk-management issue. Falls may lead to a variety of harms and costs, are cited in formal complaints and can lead to claims of clinical negligence. The NHS Litigation Authority (NHSLA) negligence claims database provides a novel opportunity to systematically analyse such (falls-related) claims made against NHS organisations in England and to learn lessons for risk-management systems and claims recording. To describe the circumstances and injuries most frequently cited in falls-related claims; to investigate any association between the financial impact (total cost), and the circumstances of or injuries resulting from falls in "closed" claims; to draw lessons for falls risk management and for future data capture on falls incidents and resulting claims analysis; to identify priorities for future research. A keyword search was run on the NHSLA claims database for April 1995 to February 2006, to identify all claims apparently relating to falls. Claims were excluded from further analysis if, on scrutiny, they had not resulted from falls, or if they were still "open" (ie, unresolved). From the narrative descriptions of closed claims (ie, those for which the financial outcome was known), we developed categories of "principal" and "secondary" injury/harm and "principal" and "contributory" circumstance of falls. For each category, it was determined whether cases had resulted in payment and what total payments (damages and costs) were awarded. The proportions of contribution-specific injuries or circumstances to the number of cases and to the overall costs incurred were compared in order to identify circumstances that tend to be more costly. Means were compared and tested through analysis of variance (ANOVA). The association between categorical variables was tested using the chi-square test. Of 668 claims identified by word search, 646 met inclusion criteria. The results presented are for the 479 of these that were "closed" at the time of the census. Of these, 290 (60.5%) had resulted in payment of costs or damages, with the overall total payment being 6,200,737 pound (mean payment 12,945 pound). All claims were settled out of court, so no legal rulings on establishing liability or causation of injury are available. "Falls whilst walking;" "from beds or trolleys" ("with and without bedrails applied") or "transferring/from a chair" were the most frequent source of these claims (n = 308, 64.2%). Clear secondary contributory circumstances were identified in 190 (39.7%) of closed claims. The most common circumstances cited were "perioperative/procedural incidents" (60, 12.5%) and "requests for bedrails being ignored" (54, 11.3%). For primary injuries, "hip/femoral/pelvic fracture" accounted for 203 (42.4%) of closed claims with total payments of 3,228,781 pound (52.1% of all payments), with a mean payment 15,905 pound per closed case. A "secondary" contributory circumstance could be attributed in 133 (27.8%) of cases. Of these, "delay in diagnosis of injury," "recurrent falls during admission" and "fatalities relating to falls" were the commonest circumstances (n = 59, 12.2%). Although falls are the highest volume patient safety incident reported in hospital trusts in England, they result in a relatively small number of negligence claims and receive a relatively low total payment (0.019% in both cases). The mean payment in closed claims is also relatively small. This may reflect the high average age of the people who fall and difficulty in establishing causation, especially where individuals are already frail when they fall. The patterns of claims and the narrative descriptions provide wider lessons for improving risk-management strategies. However, the inherent limitations and biases in the data routinely recorded for legal purposes suggest that for more informative research or actuarial claims analysis, more comprehensive and systematic data to be recorded for each incident claim are needed.

  1. Classification accuracy of claims-based methods for identifying providers failing to meet performance targets.

    PubMed

    Hubbard, Rebecca A; Benjamin-Johnson, Rhondee; Onega, Tracy; Smith-Bindman, Rebecca; Zhu, Weiwei; Fenton, Joshua J

    2015-01-15

    Quality assessment is critical for healthcare reform, but data sources are lacking for measurement of many important healthcare outcomes. With over 49 million people covered by Medicare as of 2010, Medicare claims data offer a potentially valuable source that could be used in targeted health care quality improvement efforts. However, little is known about the operating characteristics of provider profiling methods using claims-based outcome measures that may estimate provider performance with error. Motivated by the example of screening mammography performance, we compared approaches to identifying providers failing to meet guideline targets using Medicare claims data. We used data from the Breast Cancer Surveillance Consortium and linked Medicare claims to compare claims-based and clinical estimates of cancer detection rate. We then demonstrated the performance of claim-based estimates across a broad range of operating characteristics using simulation studies. We found that identification of poor performing providers was extremely sensitive to algorithm specificity, with no approach identifying more than 65% of poor performing providers when claims-based measures had specificity of 0.995 or less. We conclude that claims have the potential to contribute important information on healthcare outcomes to quality improvement efforts. However, to achieve this potential, development of highly accurate claims-based outcome measures should remain a priority. Copyright © 2014 John Wiley & Sons, Ltd.

  2. Professional dental and oral surgery liability in Italy: a comparative analysis of the insurance products offered to health workers

    PubMed Central

    Paternoster, Mariano; Nugnes, Mariarosaria; Pantaleo, Giuseppe; Graziano, Vincenzo; Niola, Massimo

    2016-01-01

    Abstract Introduction In Italy there has been an increase in claims for damages for alleged medical malpractice. A study was therefore conducted that aimed at assessing the content of the coverage of insurance policy contracts offered to oral health professionals by the insurance market. Material and methods The sample analysed composed of 11 insurance policy contracts for professional dental liability offered from 2010 to 2015 by leading insurance companies operating in the Italian market. Results The insurance products analysed are structured on the “claims made” clause. No policy contract examined covers the damage due to the failure to acquire consent for dental treatment and, in most cases, damage due to unsatisfactory outcomes of treatment of an aesthetic nature and the failure to respect regulatory obligations on privacy. Discussion On entering into a professional liability insurance policy contract, the dentist should pay particular attention to the period covered by the guarantee, the risks both covered and excluded, as well as the extent of the limit of liability and any possible fixed/percentage excess. Conclusions When choosing a professional liability contract, a dentist should examine the risks in relation to the professional activity carried out before signing. PMID:28352805

  3. 41 CFR 102-85.205 - What happens if a customer agency continues occupancy after the expiration of an OA?

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... Responsibilities in the Event of Tenant Delay in Vacating Space In leased space In federally owned space To pay... described in this part, and those added costs to GSA (claims, damages, changes, etc.) resulting from the...

  4. 41 CFR 102-85.205 - What happens if a customer agency continues occupancy after the expiration of an OA?

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... Responsibilities in the Event of Tenant Delay in Vacating Space In leased space In federally owned space To pay... described in this part, and those added costs to GSA (claims, damages, changes, etc.) resulting from the...

  5. 41 CFR 102-85.205 - What happens if a customer agency continues occupancy after the expiration of an OA?

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... Responsibilities in the Event of Tenant Delay in Vacating Space In leased space In federally owned space To pay... described in this part, and those added costs to GSA (claims, damages, changes, etc.) resulting from the...

  6. 32 CFR 537.4 - Claims not collectible.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... Deployment and Distribution Command (SDDC), formerly the Military Traffic Management Command (MTMC), for lost or destroyed shipments. (d) Where damage to assigned quarters, or equipment or furnishings therein, is collectible from a member of the uniformed services under 10 U.S.C. 2775. (e) Where the medical...

  7. 32 CFR 537.4 - Claims not collectible.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... Deployment and Distribution Command (SDDC), formerly the Military Traffic Management Command (MTMC), for lost or destroyed shipments. (d) Where damage to assigned quarters, or equipment or furnishings therein, is collectible from a member of the uniformed services under 10 U.S.C. 2775. (e) Where the medical...

  8. Office of the Associate Administrator for Commercial Space Transportation: Insurance Determinations Requirements As of July 22, 1997

    DOT National Transportation Integrated Search

    1997-07-22

    The Commercial Space Launch Act requires that all commercial licensees : demonstrate financial responsibility to compensate for the maximum probable : loss (MPL) from claims by a third party for death, bodily injury, or property : damage or loss resu...

  9. Surgical exploration of hand wounds in the emergency room: Preliminary study of 80 personal injury claims.

    PubMed

    Mouton, J; Houdre, H; Beccari, R; Tarissi, N; Autran, M; Auquit-Auckbur, I

    2016-12-01

    The SHAM Insurance Company in Lyon, France, estimated that inadequate hand wound exploration in the emergency room (ER) accounted for 10% of all ER-related personal injury claims in 2013. The objective of this study was to conduct a critical analysis of 80 claims that were related to hand wound management in the ER and led to compensation by SHAM. Eighty claims filed between 2007 and 2010 were anonymised then included into the study. To be eligible, claims had to be filed with SHAM, related to the ER management of a hand wound in an adult, and closed at the time of the study. Claims related to surgery were excluded. For each claim, we recorded 104 items (e.g., epidemiology, treatments offered, and impact on social and occupational activities) and analysed. Of the 70 patients, 60% were manual workers. The advice of a surgeon was sought in 16% of cases. The most common wound sites were the thumb (33%) and index finger (17%). Among the missed lesions, most involved tendons (74%) or nerves (29%). Many patients had more than one reason for filing a claim. The main reasons were inadequate wound exploration (97%), stiffness (49%), and dysaesthesia (41%). One third of patients were unable to return to their previous job. Mean sick-leave duration was 148 days and mean time from discharge to best outcome was 4.19%. Most claims (79%) were settled directly with the insurance company, 16% after involvement of a public mediator, and 12% in court. The mean compensatory damages award was 4595Euros. Inadequate surgical exploration of hand wounds is common in the ER, carries a risk of lasting and sometimes severe residual impairment, and generates considerable societal costs. IV. Copyright © 2016. Published by Elsevier Masson SAS.

  10. Why soft UV-A damages DNA: An optical micromanipulation study

    NASA Astrophysics Data System (ADS)

    Rapp, A.; Greulich, K. O.

    2013-09-01

    Optical micromanipulation studies have solved a puzzle on DNA damage and repair. Such knowledge is crucial for understanding cancer and ageing. So far it was not understood, why the soft UV component of sunlight, UV-A, causes the dangerous DNA double strand breaks. The energy of UV-A photons is below 4 eV per photon, too low to directly cleave the corresponding chemical bonds in DNA. This is occasionally used to claim that artificial sunbeds, which mainly use UV-A, would not impose a risk on health. UV-A is only sufficient for induction of single strand breaks. The essential new observation is that, when on the opposite strand there is another single strand break at a distance of up to 20 base pairs. These two breaks will be converted into a break of the whole double strand with all its known consequences for cancer and ageing. However, in natural sun the effect is counteracted. Simultaneous red light illumination reduces UV induced DNA damages to 1/3. Since sunlight has a red component, skin tanning with natural sun is not as risky as might appear at a first glance.

  11. Resumption of dynamism in damaged networks of coupled oscillators

    NASA Astrophysics Data System (ADS)

    Kundu, Srilena; Majhi, Soumen; Ghosh, Dibakar

    2018-05-01

    Deterioration in dynamical activities may come up naturally or due to environmental influences in a massive portion of biological and physical systems. Such dynamical degradation may have outright effect on the substantive network performance. This requires us to provide some proper prescriptions to overcome undesired circumstances. In this paper, we present a scheme based on external feedback that can efficiently revive dynamism in damaged networks of active and inactive oscillators and thus enhance the network survivability. Both numerical and analytical investigations are performed in order to verify our claim. We also provide a comparative study on the effectiveness of this mechanism for feedbacks to the inactive group or to the active group only. Most importantly, resurrection of dynamical activity is realized even in time-delayed damaged networks, which are considered to be less persistent against deterioration in the form of inactivity in the oscillators. Furthermore, prominence in our approach is substantiated by providing evidence of enhanced network persistence in complex network topologies taking small-world and scale-free architectures, which makes the proposed remedy quite general. Besides the study in the network of Stuart-Landau oscillators, affirmative influence of external feedback has been justified in the network of chaotic Rössler systems as well.

  12. 7 CFR 1.51 - Claims based on negligence, wrongful act or omission.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 7 Agriculture 1 2010-01-01 2010-01-01 false Claims based on negligence, wrongful act or omission. 1.51 Section 1.51 Agriculture Office of the Secretary of Agriculture ADMINISTRATIVE REGULATIONS Claims § 1.51 Claims based on negligence, wrongful act or omission. (a) Authority of the Department...

  13. Performance evaluation of court in construction claims settlement of litigation

    NASA Astrophysics Data System (ADS)

    Hayati, Kemala; Latief, Yusuf; Rarasati, Ayomi Dita; Siddik, Arief

    2017-06-01

    Claim construction has a major influence on the implementation of projects, such as the cost and time. The success of the construction project is highly dependent on the effective resolution of claims. Although it has been recognized that litigation or court is not the best way because it may reduce or eliminate profits and damage the relationship, it is a method of resolving claims and disputes that is common in the world of construction. The method of resolving claims and disputes through litigation or court may solve the problem in an alternative method, namely the implementation of the judgment which can be enforced effectively against the losing party and the ruling which has the force of law of the country where the claims and disputes are examined. However, litigation or court may take longer time and require high cost. Thus, it is necessary to identify factors affecting the performance of the court and to develop a system capable of improving an existing system in order to run more effectively and efficiently. Resolution in the claims management of construction projects with the method of litigation is a procedure that can be used by the courts in order to shorten the time in order to reduce the cost. The scope of this research is directed to all parties involved in the construction, both the owners and the contractors as implementers and practitioners, as well as experts who are experienced in construction law.

  14. Frequency of medical malpractice claims: The effects of volumes and specialties.

    PubMed

    Buzzacchi, Luigi; Scellato, Giuseppe; Ughetto, Elisa

    2016-12-01

    A medical malpractice occurs when a physician or healthcare personnel, because of lack of skill or negligence, causes injury to a patient, who can decide to claim for the damages suffered by suing the facility and/or healthcare personnel. In this paper we analyze the frequency of medical malpractice insurance claims in an Italian region, in order to estimate the presence of significant trends and to identify volume effects at both department and healthcare organization levels. We rely on a unique dataset reporting the universe of 2144 injuries caused by medical or surgical errors that resulted in a request to the insurer for coverage over the years 2004-2010 in ten public healthcare organizations. Results show the presence of positive volume effects, as the number of malpractice claims grows less than proportionally with respect to department volumes. Volume effects are particularly relevant for orthopedics and general surgery. We also find the presence of significant positive volume effects at the level of healthcare organizations. Finally, the joint observation of the results on the frequency of malpractice claims and on the time lag between the occurrence of the malpractice event and the filing of the related claim, suggests that the number of malpractice claims has increased over time. Results indicate that organizational and managerial actions concerning the increase in volumes of specific departments or health organizations are context specific and must be specifically tailored. Copyright © 2016 Elsevier Ltd. All rights reserved.

  15. Field survey report and satellite image interpretation of the 2013 Super Typhoon Haiyan in the Philippines

    NASA Astrophysics Data System (ADS)

    Mas, E.; Bricker, J.; Kure, S.; Adriano, B.; Yi, C.; Suppasri, A.; Koshimura, S.

    2014-05-01

    Three weeks after the deadly Bohol earthquake of magnitude Mw 7.2, which claimed at least 222 victims; another disaster struck the Philippines. This time, Super Typhoon Haiyan, also known as Typhoon Yolanda in the Philippines, devastated the Eastern Visayas islands on 8 November 2013. Its classification as a Super Typhoon was based on its maximum sustained 1 min surface wind speed of 315 km h-1, which is equivalent to a strong Category 5 hurricane on the Saffir-Simpson Scale. This was one of the deadliest typhoon events in the Philippines' history, after the 1897 and 1912 tropical cyclones. At least 6268 individuals have been reported dead and 1061 people are missing. In addition, a wide area of destruction was observed in the Eastern Visayas, on Samar and Leyte Islands. The International Research Institute of Disaster Science (IRIDeS) at Tohoku University in Sendai, Japan has deployed several teams for damage recognition, relief support and collaboration with regard to this disaster event. One of the teams, the hazard and damage evaluation team, visited the affected areas in the Eastern Visayas in mid-January 2014. In this paper, we summarize the rapid damage assessment conducted days after the event and report on the inundation measurements and the damage surveyed in the field. Damage interpretation results by satellite images were qualitatively confirmed for the Tacloban city area on Leyte Island, the most populated city in the Eastern Visayas. During the survey, significant damage was observed from wind and storm surges on poorly designed housing on the east coast of Leyte Island. Damage, mainly from surface waves and winds was observed on the east coast of Samar Island.

  16. Field survey report and satellite image interpretation of the 2013 Super Typhoon Haiyan in the Philippines

    NASA Astrophysics Data System (ADS)

    Mas, E.; Bricker, J.; Kure, S.; Adriano, B.; Yi, C.; Suppasri, A.; Koshimura, S.

    2015-04-01

    Three weeks after the deadly Bohol earthquake of Mw 7.2, which claimed at least 222 victims, another disaster struck the Philippines. This time, Super Typhoon Haiyan, also known as Typhoon Yolanda in the Philippines, devastated the Eastern Visayas islands on 8 November 2013. Its classification as a super typhoon was based on its maximum sustained 1 min surface wind speed of 315 km h-1, which is equivalent to a strong Category 5 hurricane on the Saffir-Simpson scale. This was one of the deadliest typhoon events in the Philippines' history, after the 1897 and 1912 tropical cyclones. At least 6268 individuals have been reported dead and 1061 people are missing. In addition, a wide area of destruction was observed in the Eastern Visayas, on Samar and Leyte islands. The International Research Institute of Disaster Science (IRIDeS) at Tohoku University in Sendai, Japan, has deployed several teams for damage recognition, relief support and collaboration with regard to this disaster event. One of the teams, the hazard and damage evaluation team, visited the affected areas in the Eastern Visayas in mid-January 2014. In this paper, we summarize the rapid damage assessment from satellite imagery conducted days after the event and report on the inundation measurements and the damage surveyed in the field. Damage interpretation results by satellite images were qualitatively confirmed for the Tacloban city area on Leyte Island, the most populated city in the Eastern Visayas. During the survey, significant damage was observed from wind and storm surges on poorly designed housing on the east coast of Leyte Island. Damage, mainly from surface waves and winds, was observed on the east coast of Samar Island.

  17. Analysis of the French insurance market exposure to floods: a stochastic model combining river overflow and surface runoff

    NASA Astrophysics Data System (ADS)

    Moncoulon, D.; Labat, D.; Ardon, J.; Leblois, E.; Onfroy, T.; Poulard, C.; Aji, S.; Rémy, A.; Quantin, A.

    2014-09-01

    The analysis of flood exposure at a national scale for the French insurance market must combine the generation of a probabilistic event set of all possible (but which have not yet occurred) flood situations with hazard and damage modeling. In this study, hazard and damage models are calibrated on a 1995-2010 historical event set, both for hazard results (river flow, flooded areas) and loss estimations. Thus, uncertainties in the deterministic estimation of a single event loss are known before simulating a probabilistic event set. To take into account at least 90 % of the insured flood losses, the probabilistic event set must combine the river overflow (small and large catchments) with the surface runoff, due to heavy rainfall, on the slopes of the watershed. Indeed, internal studies of the CCR (Caisse Centrale de Reassurance) claim database have shown that approximately 45 % of the insured flood losses are located inside the floodplains and 45 % outside. Another 10 % is due to sea surge floods and groundwater rise. In this approach, two independent probabilistic methods are combined to create a single flood loss distribution: a generation of fictive river flows based on the historical records of the river gauge network and a generation of fictive rain fields on small catchments, calibrated on the 1958-2010 Météo-France rain database SAFRAN. All the events in the probabilistic event sets are simulated with the deterministic model. This hazard and damage distribution is used to simulate the flood losses at the national scale for an insurance company (Macif) and to generate flood areas associated with hazard return periods. The flood maps concern river overflow and surface water runoff. Validation of these maps is conducted by comparison with the address located claim data on a small catchment (downstream Argens).

  18. Torts.

    ERIC Educational Resources Information Center

    Evans, William J., Jr.

    This chapter examines court cases reported during 1987 of tort claims involving school officials, employees, and students. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. The most common tort alleged to have been committed by school personnel is negligence. Most negligence suits…

  19. Torts.

    ERIC Educational Resources Information Center

    Evans, William J., Jr.

    This chapter examines cases reported during 1990 that involved tort claims within the school context. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. Included are cases involving school officials, school employees, students, and in some instances others visiting school grounds. Tort…

  20. Torts.

    ERIC Educational Resources Information Center

    Evans, William J., Jr.

    This chapter examines court cases reported during 1986 that involved tort claims involving school officials, school employees, and students. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. Discussion focuses first on negligence, or conduct that falls below an acceptable standard of…

  1. 24 CFR 17.45 - Unallowable claims.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... United States. Property loss or damage in quarters occupied by the claimant within the 50 States or the District of Columbia that were not assigned to him or otherwise provided in kind by the United States. (b) Business property. Property used for business or profit. (c) Unserviceable property. Wornout or...

  2. 40 CFR 14.12 - Principal types of unallowable claims.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... business or profit; (l) Theft from the possession of the employee unless the employee took reasonable... allowed include: (a) Loss or damage totaling less than $25; (b) Money or currency, except when deposited..., checks, notes, stock certifications, money orders, or travelers checks; (e) Property owned by the United...

  3. 40 CFR 14.12 - Principal types of unallowable claims.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... business or profit; (l) Theft from the possession of the employee unless the employee took reasonable... allowed include: (a) Loss or damage totaling less than $25; (b) Money or currency, except when deposited..., checks, notes, stock certifications, money orders, or travelers checks; (e) Property owned by the United...

  4. 40 CFR 14.12 - Principal types of unallowable claims.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... business or profit; (l) Theft from the possession of the employee unless the employee took reasonable... allowed include: (a) Loss or damage totaling less than $25; (b) Money or currency, except when deposited..., checks, notes, stock certifications, money orders, or travelers checks; (e) Property owned by the United...

  5. 40 CFR 14.12 - Principal types of unallowable claims.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... business or profit; (l) Theft from the possession of the employee unless the employee took reasonable... allowed include: (a) Loss or damage totaling less than $25; (b) Money or currency, except when deposited..., checks, notes, stock certifications, money orders, or travelers checks; (e) Property owned by the United...

  6. 40 CFR 14.12 - Principal types of unallowable claims.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... business or profit; (l) Theft from the possession of the employee unless the employee took reasonable... allowed include: (a) Loss or damage totaling less than $25; (b) Money or currency, except when deposited..., checks, notes, stock certifications, money orders, or travelers checks; (e) Property owned by the United...

  7. 50 CFR 296.5 - Instructions for filing claims.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... loss including: (i) The date when the casualty was first discovered by the claimant, (ii) The water... losses are presumed to be qualified for compensation if certain requirements are satisfied. One... first returns to a port after discovering the damage or loss. Filing of a fifteen-day report must be...

  8. 28 CFR 540.22 - Special postal services.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 540.22 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT...) In the event of loss or damage, any claim relative to this matter is made to the U.S. Postal Service... example, hobbycraft articles mailed out of the institution). Official mail is not insured. If such an item...

  9. 32 CFR 842.55 - Scope of this subpart.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Scope of this subpart. 842.55 Section 842.55 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE CLAIMS AND LITIGATION... property damage, personal injury, or death caused by military and civilian members of the US Armed Forces...

  10. 32 CFR 842.137 - Scope of this subpart.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Scope of this subpart. 842.137 Section 842.137 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE CLAIMS AND LITIGATION... United States for damage to US Government property caused by CAP members or third parties. ...

  11. 17 CFR 142.2 - Policy.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... employee, provided that the conduct giving rise to the verdict, judgment or award was taken within the... the United States, as determined by the Commission. (b) The Commission may settle or compromise a... alleged conduct giving rise to the personal damage claim was taken within the scope of employment and that...

  12. 15 CFR 15.31 - Policy.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... defendant in any civil suit in state or federal court, or other legal proceeding seeking damages against a... is rendered against such employee, provided that the conduct giving rise to the verdict, judgment or... available funds at any time provided the alleged conduct giving rise to the personal property claim was...

  13. 15 CFR 15.31 - Policy.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... defendant in any civil suit in state or federal court, or other legal proceeding seeking damages against a... is rendered against such employee, provided that the conduct giving rise to the verdict, judgment or... available funds at any time provided the alleged conduct giving rise to the personal property claim was...

  14. 17 CFR 142.2 - Policy.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... employee, provided that the conduct giving rise to the verdict, judgment or award was taken within the... the United States, as determined by the Commission. (b) The Commission may settle or compromise a... alleged conduct giving rise to the personal damage claim was taken within the scope of employment and that...

  15. 45 CFR 34.5 - Unallowable claims.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... or damage caused in whole or in part by the negligent or wrongful act of the claimant or his agent or... exercise due care in protecting his or her property. (10) Sales Tax. Reimbursements for the payment of sales tax incurred in connection with repairs or replacing an item will not be allowed. ...

  16. 45 CFR 34.5 - Unallowable claims.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... or damage caused in whole or in part by the negligent or wrongful act of the claimant or his agent or... exercise due care in protecting his or her property. (10) Sales Tax. Reimbursements for the payment of sales tax incurred in connection with repairs or replacing an item will not be allowed. ...

  17. 45 CFR 34.5 - Unallowable claims.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... or damage caused in whole or in part by the negligent or wrongful act of the claimant or his agent or... exercise due care in protecting his or her property. (10) Sales Tax. Reimbursements for the payment of sales tax incurred in connection with repairs or replacing an item will not be allowed. ...

  18. 45 CFR 34.5 - Unallowable claims.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... or damage caused in whole or in part by the negligent or wrongful act of the claimant or his agent or... exercise due care in protecting his or her property. (10) Sales Tax. Reimbursements for the payment of sales tax incurred in connection with repairs or replacing an item will not be allowed. ...

  19. 23 CFR 660.517 - Maneuver area roads.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 23 Highways 1 2010-04-01 2010-04-01 false Maneuver area roads. 660.517 Section 660.517 Highways... PROGRAMS (DIRECT FEDERAL) Defense Access Roads § 660.517 Maneuver area roads. (a) Claims by a highway agency for costs incurred to restore, to their former condition, roads damaged by maneuvers involving a...

  20. Class Action Aspects of Federal Employment Discrimination Litigation

    ERIC Educational Resources Information Center

    Bickel, Robert D.; Vandercreek, William

    1974-01-01

    Overviews Rule 23 (Federal Rules of Civil Procedure) governing class actions in the federal courts and analyzes the issues raised in class determinations for employment discrimination suits under Title VII (Civil Rights Act 1964). Discusses damage claim immunity for public institutions and limitations on evidence offered to prove discrimination.…

  1. 1872 vs 2004: Mining claim meets the World Wide Web

    Treesearch

    Edward Russell

    2006-01-01

    Inappropriate development or land use on private inholdings in a matrix of predominantly public land have the potential to profoundly impact backcountry landscapes. Beyond damage to natural systems and cultural resources, ramifications include impacts on neighboring communities dependent upon tourism and backcountry recreation for their economic vitality. Limited...

  2. 33 CFR 211.24 - Disposition of claims.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... Section 211.24 Navigation and Navigable Waters CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF DEFENSE REAL ESTATE ACTIVITIES OF THE CORPS OF ENGINEERS IN CONNECTION WITH CIVIL WORKS PROJECTS Real... damages not exceeding $1,000 may be settled by the Division Engineer. If the Division Engineer allows the...

  3. 43 CFR 11.93 - Post-assessment phase-restoration plan.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ....93 Section 11.93 Public Lands: Interior Office of the Secretary of the Interior NATURAL RESOURCE... determination of the amount of the award of a natural resource damage claim as authorized by section 107(a)(4)(C... be used to address natural resources, specifically what restoration, rehabilitation, replacement, or...

  4. 43 CFR 11.93 - Post-assessment phase-restoration plan.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ....93 Section 11.93 Public Lands: Interior Office of the Secretary of the Interior NATURAL RESOURCE... determination of the amount of the award of a natural resource damage claim as authorized by section 107(a)(4)(C... be used to address natural resources, specifically what restoration, rehabilitation, replacement, or...

  5. 26 CFR 1.1083-1 - Definitions.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... the area or region affected) as to impair the advantages of localized management, efficient operation... understanding with one or more other persons) such a controlling influence over the management or policies of... receivable, claims for damages, and rights to refunds of taxes. (f) Stock or securities. The term stock or...

  6. 26 CFR 1.1083-1 - Definitions.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... the area or region affected) as to impair the advantages of localized management, efficient operation... understanding with one or more other persons) such a controlling influence over the management or policies of... receivable, claims for damages, and rights to refunds of taxes. (f) Stock or securities. The term stock or...

  7. 26 CFR 1.1083-1 - Definitions.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... the area or region affected) as to impair the advantages of localized management, efficient operation... understanding with one or more other persons) such a controlling influence over the management or policies of... receivable, claims for damages, and rights to refunds of taxes. (f) Stock or securities. The term stock or...

  8. 26 CFR 1.1083-1 - Definitions.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... the area or region affected) as to impair the advantages of localized management, efficient operation... understanding with one or more other persons) such a controlling influence over the management or policies of... receivable, claims for damages, and rights to refunds of taxes. (f) Stock or securities. The term stock or...

  9. 20 CFR 10.705 - When must an employee or other FECA beneficiary take action against a third party?

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... to take action against that third party. (b) The Office of the Solicitor of Labor (SOL) is hereby... SOL can require a FECA beneficiary to assign his or her claim for damages to the United States or to...

  10. 75 FR 6220 - Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-02-08

    ... settles claims for natural resource damages under the Comprehensive Environmental Response, Compensation... natural resource trustees for any unreimbursed assessment costs incurred by the State and Federal natural... Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment...

  11. 7 CFR Appendix D to Subpart E of... - Alcohol Production Facilities Planning, Performing, Development and Project Control

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... imposed by construction, equipment, material or service contracts, penalty payments, damage claims, awards... consultants with suitable experience, training and professional competence in the design and construction of... engineering services for design and construction inspection for all project facilities. Resident inspection by...

  12. 7 CFR Appendix D to Subpart E of... - Alcohol Production Facilities Planning, Performing, Development and Project Control

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... imposed by construction, equipment, material or service contracts, penalty payments, damage claims, awards... consultants with suitable experience, training and professional competence in the design and construction of... engineering services for design and construction inspection for all project facilities. Resident inspection by...

  13. 7 CFR Appendix D to Subpart E of... - Alcohol Production Facilities Planning, Performing, Development and Project Control

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... impacts. (2) Applicable engineering, design/build, construction management, inspection and plant start-up... imposed by construction, equipment, material or service contracts, penalty payments, damage claims, awards... consultants with suitable experience, training and professional competence in the design and construction of...

  14. 7 CFR Appendix D to Subpart E of... - Alcohol Production Facilities Planning, Performing, Development and Project Control

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... impacts. (2) Applicable engineering, design/build, construction management, inspection and plant start-up... imposed by construction, equipment, material or service contracts, penalty payments, damage claims, awards... consultants with suitable experience, training and professional competence in the design and construction of...

  15. 48 CFR 1845.7101-3 - Unit acquisition cost.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... buildings and other facilities. (7) An appropriate share of the cost of the equipment and facilities used in construction work. (8) Fixed equipment and related installation costs required for activities in a building or... construction work. (10) Legal and recording fees and damage claims. (11) Fair values of facilities and...

  16. 48 CFR 1845.7101-3 - Unit acquisition cost.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... buildings and other facilities. (7) An appropriate share of the cost of the equipment and facilities used in construction work. (8) Fixed equipment and related installation costs required for activities in a building or... construction work. (10) Legal and recording fees and damage claims. (11) Fair values of facilities and...

  17. 48 CFR 1845.7101-3 - Unit acquisition cost.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... buildings and other facilities. (7) An appropriate share of the cost of the equipment and facilities used in construction work. (8) Fixed equipment and related installation costs required for activities in a building or... construction work. (10) Legal and recording fees and damage claims. (11) Fair values of facilities and...

  18. 48 CFR 1845.7101-3 - Unit acquisition cost.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... buildings and other facilities. (7) An appropriate share of the cost of the equipment and facilities used in construction work. (8) Fixed equipment and related installation costs required for activities in a building or... construction work. (10) Legal and recording fees and damage claims. (11) Fair values of facilities and...

  19. 78 FR 52921 - Office of the National Coordinator for Health Information Technology; Announcement of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-08-27

    ... higher for patients with chronic conditions such as diabetes, asthma, and heart conditions \\3\\ and failure to treat both physical and mental health conditions results in poorer health outcomes and higher... third party claims for damages arising from or related to competition activities. Registration Process...

  20. 48 CFR 3052.217-95 - Liability and insurance (USCG).

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... SECURITY, HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSES AND FORMS SOLICITATION PROVISIONS AND... insurance against any form of loss or damage to the vessel(s) or to the materials or equipment to which the... limitation, suits, actions, claims, costs, or demands of any kind, resulting from death, personal injury, or...

  1. Using damage data to estimate the risk from summer convective precipitation extremes

    NASA Astrophysics Data System (ADS)

    Schroeer, Katharina; Tye, Mari

    2017-04-01

    This study explores the potential added value from including loss and damage data to understand the risks from high-intensity short-duration convective precipitation events. Projected increases in these events are expected even in regions that are likely to become more arid. Such high intensity precipitation events can trigger hazardous flash floods, debris flows, and landslides that put people and local assets at risk. However, the assessment of local scale precipitation extremes is hampered by its high spatial and temporal variability. In addition to this, not only are extreme events rare, but such small-scale events are likely to be underreported where they do not coincide with the observation network. Reports of private loss and damage on a local administrative unit scale (LAU 2 level) are used to explore the relationship between observed rainfall events and damages reportedly related to hydro-meteorological processes. With 480 Austrian municipalities located within our south-eastern Alpine study region, the damage data are available on a much smaller scale than the available rainfall data. Precipitation is recorded daily at 185 gauges and 52% of these stations additionally deliver sub-hourly rainfall information. To obtain physically plausible information, damage and rainfall data are grouped and analyzed on a catchment scale. The data indicate that rainfall intensities are higher on days that coincide with a damage claim than on days for which no damage was reported. However, approximately one third of the damages related to hydro-meteorological hazards were claimed on days for which no rainfall was recorded at any gauge in the respective catchment. Our goal is to assess whether these events indicate potential extreme events missing in the observations. Damage always is a consequence of an asset being exposed and susceptible to a hazardous process, and naturally, many factors influence whether an extreme rainfall event causes damage. We set up a statistical model to test whether the relationship between extreme rainfall events and damages is robust enough to estimate a potential underrepresentation of high intensity rainfall events in ungauged areas. Risk-relevant factors of socio-economic vulnerability, land cover, streamflow data, and weather type information are included to improve and sharpen the analysis. Within this study, we first aim to identify which rainfall events are most damaging and which factors affect the damages - seen as a proxy for the vulnerability - related to summer convective rainfall extremes in different catchment types. Secondly, we aim to detect potentially unreported damaging rainfall events and estimate the likelihood of such cases. We anticipate this damage perspective on summertime extreme convective precipitation to be beneficial for risk assessment, uncertainty management, and decision making with respect to weather and climate extremes on the regional-to-local level.

  2. Insurance for the compounding pharmacy business, part 2: what, when, and where.

    PubMed

    Baker, Kenneth R

    2008-01-01

    The practice of pharmacy was simpler in past years. Prior to the 1980s, pharmacists did not have to worry about "duty to warn" claims, lawsuits for failure to adequately perform a prospective drug review, or claims that the pharmacist failed to counsel the patient adequately. In those earlier days, if a pharmacist put the right tablet in the bottle with the correct directions, there would be no claim or lawsuit. Occasionally, pharmacists would make a medication error. Putting the wrong pill in the bottle or mistyping the directions could result in serious injury and a significant claim for damages, but the number of errors was in keeping with the lower volume of prescirptions filled, and claims were relatively few. Today, community pharmacies fill over three billion prescriptions annually. In keeping with that statistic, the number of claims against compounding pharmacists and pharmacies has, understandably, also increased. Not all insurance policies for pharmacy professional liability have kept up with the changes in pharmacy. With the divergence in pharmacy practices, coupled with the changes in pharmacists' duties and today's pharmacy law, the pharmacist must read and understand insurance policies to be sure they have adequate coverage for their professions. The information contained within this article is provided to help the pharmacy owners and pharmacists understand their needs and what to look for in their policies.

  3. Persimmon (Diospyros kaki) fruit: hidden phytochemicals and health claims

    PubMed Central

    Butt, Masood Sadiq; Sultan, M. Tauseef; Aziz, Mahwish; Naz, Ambreen; Ahmed, Waqas; Kumar, Naresh; Imran, Muhammad

    2015-01-01

    Currently, nutrition and health linkages focused on emerging strategy of diet based regimen to combat various physiological threats including cardiovascular disorders, oxidative stress, diabetes mellitus, etc. In this context, consumption of fruits and vegetables is gaining considerable importance as safeguard to maintain human health. Likewise, their phytochemicals and bioactive molecules are also becoming popular as promising demulcent against various ailments. The current review is an effort to sum up information regarding persimmon fruit with special reference to its phytochemistry and associated health claims. Accordingly, the role of its certain bioactive molecules like proanthocyanidin, carotenoids, tannins, flavonoids, anthocyanidin, catechin, etc. is highlighted. Owing to rich phytochemistry, persimmon and its products are considered effective in mitigating oxidative damage induced by reactive oxygen species (ROS). The antioxidant potential is too responsible for anti-malignant and anti-melanogenic perspectives of persimmon functional ingredients. Additionally, they are effectual in soothing lifestyle related disparities e.g. cardiovascular disorders and diabetes mellitus. There are proven facts that pharmacological application of persimmon or its functional ingredients like proanthocyanidin may helps against hyperlipidemia and hyperglycemia. Nevertheless, astringent taste and diospyrobezoars formation are creating lacuna to prop up its vitality. In toto, persimmon and its components hold potential as one of effective modules in diet based therapy; however, integrated research and meta-analysis are still required to enhance meticulousness. PMID:27047315

  4. Limiting Exposure to Medical Malpractice Claims and Defamatory Cyber Postings via Patient Contracts

    PubMed Central

    Segal, Jeffrey J.

    2008-01-01

    The documents patients sign on admission to a medical practice can constitute a legal contract. Medical practices around the country are attempting to use these documents as a prospective defense against medical malpractice claims. Protective contractual provisions are often attacked on grounds that they are legally void as a result of unconscionability. Widespread use of arbitration clauses have been met with mixed success. Arbitration clauses that limit damages available in medical negligence cases have been stricken in some states as having provisions that impose excessive entry costs on a patient starting the arbitration process. Other provisions relating to prequalification requirements for expert witnesses are now being used with increasing frequency. Clauses have even been placed in patient contracts that address cyber postings of adverse claims against physicians. Prospective patient contracts may be an effective means to limit exposure to medical malpractice lawsuits and to minimize defamatory cyber postings. PMID:19057975

  5. Limiting exposure to medical malpractice claims and defamatory cyber postings via patient contracts.

    PubMed

    Sacopulos, Michael; Segal, Jeffrey J

    2009-02-01

    The documents patients sign on admission to a medical practice can constitute a legal contract. Medical practices around the country are attempting to use these documents as a prospective defense against medical malpractice claims. Protective contractual provisions are often attacked on grounds that they are legally void as a result of unconscionability. Widespread use of arbitration clauses have been met with mixed success. Arbitration clauses that limit damages available in medical negligence cases have been stricken in some states as having provisions that impose excessive entry costs on a patient starting the arbitration process. Other provisions relating to prequalification requirements for expert witnesses are now being used with increasing frequency. Clauses have even been placed in patient contracts that address cyber postings of adverse claims against physicians. Prospective patient contracts may be an effective means to limit exposure to medical malpractice lawsuits and to minimize defamatory cyber postings.

  6. Analysis of lawsuit cases in the Department of Surgery in Korea

    PubMed Central

    Jung, Ji Yun; Kim, So Yoon; Kim, Dong Gyu; Kim, Choong Bai; Chi, Kyong-Choun; Kang, Won Kyung

    2018-01-01

    Purpose The aim of this study is to prepare medical staff in order to prevent medical malpractice litigation through analysis of litigation cases related to the department of surgery in Korea. Methods A total of 94 litigation cases related to the department of surgery, where a certain amount of payment was ordered to the defendant between 2005 through 2010, were analyzed. We examined time of occurrence, amount claimed and awarded in damages, plaintiff claims, and court opinion. Results An average of 3.2 years was spent from the date of the incident occurring to the end of the litigation procedures. The average amount awarded in judgments for damages was 59,708,983 ± 67,307,264 (range, 1,700,000–365,201,482) Korean won. Cases were found involving the following opinion of the court: violation of duty of care (49 cases), violation of informed consent (7 cases), violation of duty of care and informed consent (5 cases), and settlement, reconciliation, and others (32 cases). By analyzing defendants' negligence in court opinions, diagnosis (30.8%) was the most common, followed by post-operation management (27.7%). Conclusion Physicians have to conduct treatment and surgery based on exact diagnosis and be careful to observe patients' conditions and symptoms after surgery. It is essential to identify the current status and characteristics of medical litigation for reducing further litigation and improving patient safety. In order to create a safe medical environment, national efforts should be made not only by individuals but also at the national level. PMID:29520344

  7. The role of mediation in resolving workplace relationship conflict.

    PubMed

    McKenzie, Donna Margaret

    2015-01-01

    Stress triggered by workplace-based interpersonal conflict can result in damaged relationships, loss of productivity, diminished job satisfaction and increasingly, workers' compensation claims for psychological injury. This paper examined the literature on the role and effectiveness of mediation, as the most common method of Alternative Dispute Resolution, in resolving workplace relationship conflict. Available evidence suggests that mediation is most effective when supported by organisational commitment to ADR strategies, policies and processes, and conducted by independent, experienced and qualified mediators. The United States Postal Service program REDRESS™ is described as an illustration of the successful use of mediation to resolve conflict in the workplace. Copyright © 2015 Elsevier Ltd. All rights reserved.

  8. Response to: 'Why medical professionals have no moral claim to conscientious objection accommodation in liberal democracies' by Schuklenk and Smalling.

    PubMed

    Glick, Shimon M; Jotkowitz, Alan

    2017-04-01

    The recent essay by Schuklenk and Smalling opposing respect for physicians' conscientious objections to providing patients with medical services that are legally permitted in liberal democracies is based on several erroneous assumptions. Acting in this manner would have serious harmful effects on the ethos of medicine and of bioethics. A much more nuanced and balanced position is critical in order to respect physicians' conscience with minimal damage to patients' rights. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/.

  9. Neonatal hypoglycaemia: learning from claims

    PubMed Central

    Hawdon, Jane M; Beer, Jeanette; Sharp, Deborah; Upton, Michele

    2017-01-01

    Objectives Neonatal hypoglycaemia is a potential cause of neonatal morbidity, and on rare but tragic occasions causes long-term neurodevelopmental harm with consequent emotional and practical costs for the family. The organisational cost to the NHS includes the cost of successful litigation claims. The purpose of the review was to identify themes that could alert clinicians to common pitfalls and thus improve patient safety. Design The NHS Litigation Authority (NHS LA) Claims Management System was reviewed to identify and review 30 claims for injury secondary to neonatal hypoglycaemia, which were notified to the NHS LA between 2002 and 2011. Setting NHS LA. Patients Anonymised documentation relating to 30 neonates for whom claims were made relating to neonatal hypoglycaemia. Dates of birth were between 1995 and 2010. Interventions Review of documentation held on the NHS LA database. Main outcome measures Identifiable risk factors for hypoglycaemia, presenting clinical signs, possible deficits in care, financial costs of litigation. Results All claims related to babies of at least 36 weeks’ gestation. The most common risk factor for hypoglycaemia was low birth weight or borderline low birth weight, and the most common reported presenting sign was abnormal feeding behaviour. A number of likely deficits in care were reported, all of which were avoidable. In this 10-year reporting period, there were 25 claims for which damages were paid, with a total financial cost of claims to the NHS of £162 166 677. Conclusions Acknowledging that these are likely to be the most rare but most seriously affected cases, the clinical themes arising from these cases should be used for further development of training and guidance to reduce harm and redivert NHS funds from litigation to direct care. PMID:27553590

  10. 42 CFR § 512.307 - Subsequent calculations.

    Code of Federal Regulations, 2010 CFR

    2017-10-01

    ... (CONTINUED) HEALTH CARE INFRASTRUCTURE AND MODEL PROGRAMS EPISODE PAYMENT MODEL Pricing and Payment § 512.307... the initial NPRA, using claims data and non-claims-based payment data available at that time, to account for final claims run-out, final changes in non-claims-based payment data, and any additional...

  11. Claims for compensation after injuries related to airway management: a nationwide study covering 15 years.

    PubMed

    Fornebo, I; Simonsen, K A; Bukholm, I R K; Kongsgaard, U E

    2017-08-01

    Securing the airway is one of the most important responsibilities in anaesthesia. Injuries related to airway management can occur. Analysis from closed claims can help to identify patterns of injury, risk factors and areas for improvement. All claims to The Norwegian System of Compensation to Patients from 1 January 2001 to 31 December 2015 within the medical specialty of anaesthesiology were studied. Data were extracted from this database for patients and coded by airway management procedures. Of 400 claims for injuries related to airway management, 359 were classified as 'non-severe' and 41 as 'severe'. Of the severe cases, 37% of injuries occurred during emergency procedures. Eighty-one claims resulted in compensation, and 319 were rejected. A total of €1,505,344 was paid to the claimants during the period. Claims of dental damage contributed to a numerically important, but financially modest, proportion of claims. More than half of the severe cases were caused by failed intubation or a misplaced endotracheal tube. Anaesthesia procedures are not without risk, and injuries can occur when securing the airway. The most common injury was dental trauma. Clear patterns of airway management that resulted in injuries are not apparent from our data, but 37% of severe cases were related to emergency procedures which suggest the need for additional vigilance. Guidelines for difficult intubation situations are well established, but adherence to such guidelines varies. Good planning of every general anaesthesia should involve consideration of possible airway problems and assessment of pre-existing poor dentition. © 2017 The Acta Anaesthesiologica Scandinavica Foundation. Published by John Wiley & Sons Ltd.

  12. Torts

    ERIC Educational Resources Information Center

    Evans, William J., Jr.

    This chapter examines cases reported during 1988 that involved tort claims within the school context. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. Negligence is the most common tort alleged to have been committed by school personnel. In the area of products liability, the largest…

  13. A Multivariate Analysis of Lost Work Time Due to On-the-Job Injuries at Marine Corps Commands

    DTIC Science & Technology

    2007-09-01

    00893 F Chemistry 01320 F Civil Engineering 00810 F Communications Clerical 00394 F Computer Engineering 00854 F Computer Operation 00332 F...69001 H Packing 70002 H Small-Arms Repairing 66010 H Transportation Loss and Damage Claims Examining 02135 H Agronomy 00471 H Animal Caretaking

  14. 76 FR 69239 - Submission for OMB Review; Comment Request

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-11-08

    ... extension of a current information collection. United States (U.S.) commercial fishermen may file claims for compensation for losses of or damages to fishing gear or vessels, plus 50 percent of resulting economic losses... casualty. The application (NOAA Form 88-164) consists of a property loss section and a section for economic...

  15. 49 CFR 1242.77 - Administration (account XX-55-01).

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 49 Transportation 9 2010-10-01 2010-10-01 false Administration (account XX-55-01). 1242.77 Section...-Transportation § 1242.77 Administration (account XX-55-01). Separate common expenses in the same proportion as... systems operations and loss and damage claims processing (accounts XX-55-76, XX-55-77 and XX-55-78). ...

  16. 31 CFR 535.440 - Commercially reasonable interest rates.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... bank and Iran. However, where a deposit has in fact operated as a demand account under Treasury license... bearing account. Furthermore, in the event that the Iran-U.S Claims Tribunal (the “Tribunal”) determines that interest additional to that agreed upon between the bank and Iran, or compensation or damages in...

  17. 31 CFR 535.440 - Commercially reasonable interest rates.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... bank and Iran. However, where a deposit has in fact operated as a demand account under Treasury license... bearing account. Furthermore, in the event that the Iran-U.S Claims Tribunal (the “Tribunal”) determines that interest additional to that agreed upon between the bank and Iran, or compensation or damages in...

  18. 31 CFR 535.440 - Commercially reasonable interest rates.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... bank and Iran. However, where a deposit has in fact operated as a demand account under Treasury license... bearing account. Furthermore, in the event that the Iran-U.S Claims Tribunal (the “Tribunal”) determines that interest additional to that agreed upon between the bank and Iran, or compensation or damages in...

  19. 32 CFR 845.5 - Provision of bail in criminal cases.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Provision of bail in criminal cases. 845.5 Section 845.5 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE CLAIMS AND... damages. Local US military authorities are expected to provide bail, in any case, only after other...

  20. 7 CFR 1.303 - Basis for civil penalties and assessments.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    .... Such assessment shall be in lieu of damages sustained by the Government because of such claim. (b... special supplemental food program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 which are intended for the personal use of the individual who receives the...

  1. 22 CFR 207.01 - Policy.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ..., provided that the conduct giving rise to the verdict, judgment or award was taken within the scope of his... States, as determined by the Administrator, or his or her designee, in his or her discretion. (b) A.I.D... funds, at any time, provided the alleged conduct giving rise to the personal damage claim was taken...

  2. 22 CFR 207.01 - Policy.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ..., provided that the conduct giving rise to the verdict, judgment or award was taken within the scope of his... States, as determined by the Administrator, or his or her designee, in his or her discretion. (b) A.I.D... funds, at any time, provided the alleged conduct giving rise to the personal damage claim was taken...

  3. 43 CFR 22.6 - Policy.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ..., who is personally named as a defendant in any civil suit in state or federal court or an arbitration... rise to the verdict, judgment, or award was taken within the scope of his or her employment and that... conduct giving rise to the personal damage claim was taken within the employee's scope of employment and...

  4. 43 CFR 22.6 - Policy.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ..., who is personally named as a defendant in any civil suit in state or federal court or an arbitration... rise to the verdict, judgment, or award was taken within the scope of his or her employment and that... conduct giving rise to the personal damage claim was taken within the employee's scope of employment and...

  5. 31 CFR 535.440 - Commercially reasonable interest rates.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... bank and Iran. However, where a deposit has in fact operated as a demand account under Treasury license... bearing account. Furthermore, in the event that the Iran-U.S Claims Tribunal (the “Tribunal”) determines that interest additional to that agreed upon between the bank and Iran, or compensation or damages in...

  6. 31 CFR 361.7 - Report of loss, destruction or damage.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ...) FISCAL SERVICE, DEPARTMENT OF THE TREASURY BUREAU OF THE PUBLIC DEBT CLAIMS PURSUANT TO THE GOVERNMENT... the Bureau of the Public Debt, Division of Financial Management, Room 201, P. O. Box 1328, Parkersburg...,000 or if delay in reporting is likely to delay the Government in recovering such valuables, the...

  7. 38 CFR 14.618 - Collection action.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Collection action. 14.618... Collection action. (a) In a case where the Regional Counsel determines that damage to or loss of Government..., suspend, or terminate collection action on any such claim as is authorized under § 2.6(e)(4)(ii) of this...

  8. 78 FR 11222 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act and the Comprehensive...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-02-15

    ..., Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2013-03517 Filed 2-14-13... natural resource damages claims through restoration and reimbursement of assessment costs. The consent... and future assessment costs of the trustees and the Hillsborough County Environmental Protection...

  9. 38 CFR 14.667 - Claims payable.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... incident to the employee's service and his or her possession of the property was reasonable, useful, or... States. (4) Was not caused wholly or partly by the negligent act of claimant, the claimant's agent, or employee, and that the claimant has no right to indemnification for the loss or damage from other than the...

  10. Making Non-Fluent Aphasics Speak: Sing along!

    ERIC Educational Resources Information Center

    Racette, Amelie; Bard, Celine; Peretz, Isabelle

    2006-01-01

    A classic observation in neurology is that aphasics can sing words they cannot pronounce otherwise. To further assess this claim, we investigated the production of sung and spoken utterances in eight brain-damaged patients suffering from a variety of speech disorders as a consequence of a left-hemisphere lesion. In Experiment 1, the patients were…

  11. Confabulation and epistemic authority.

    PubMed

    Robins, Sarah

    2018-01-01

    Mahr & Csibra (M&C) claim that episodic remembering's autonoetic character serves as an indicator of epistemic authority. This proposal is difficult to reconcile with the existence of confabulation errors - where participants fabricate memories of experiences that never happened to them. Making confabulation errors damages one's epistemic authority, but these false memories have an autonoetic character.

  12. 38 CFR 14.667 - Claims payable.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... incident to the employee's service and his or her possession of the property was reasonable, useful, or... States. (4) Was not caused wholly or partly by the negligent act of claimant, the claimant's agent, or employee, and that the claimant has no right to indemnification for the loss or damage from other than the...

  13. 38 CFR 14.667 - Claims payable.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... incident to the employee's service and his or her possession of the property was reasonable, useful, or... States. (4) Was not caused wholly or partly by the negligent act of claimant, the claimant's agent, or employee, and that the claimant has no right to indemnification for the loss or damage from other than the...

  14. 38 CFR 14.667 - Claims payable.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... incident to the employee's service and his or her possession of the property was reasonable, useful, or... States. (4) Was not caused wholly or partly by the negligent act of claimant, the claimant's agent, or employee, and that the claimant has no right to indemnification for the loss or damage from other than the...

  15. 38 CFR 14.667 - Claims payable.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... incident to the employee's service and his or her possession of the property was reasonable, useful, or... States. (4) Was not caused wholly or partly by the negligent act of claimant, the claimant's agent, or employee, and that the claimant has no right to indemnification for the loss or damage from other than the...

  16. What Adverse Events and Injuries Are Cited in Anesthesia Malpractice Claims for Nonspine Orthopaedic Surgery?

    PubMed

    Kent, Christopher D; Stephens, Linda S; Posner, Karen L; Domino, Karen B

    2017-12-01

    Malpractice claims that arise during the perioperative care of patients receiving orthopaedic procedures will frequently involve both orthopaedic surgeons and anesthesiologists. The Anesthesia Closed Claims database contains anesthesia malpractice claim data that can be used to investigate patient safety events arising during the care of orthopaedic patients and can provide insight into the medicolegal liability shared by the two specialties. (1) How do orthopaedic anesthetic malpractice claims differ from other anesthesia claims with regard to patient and case characteristics, common events and injuries, and liability profile? (2) What are the characteristics of patients who had neuraxial hematomas after spinal and epidural anesthesia for orthopaedic procedures? (3) What are the characteristics of patients who had orthopaedic anesthesia malpractice claims for central ischemic neurologic injury occurring during shoulder surgery in the beach chair position? (4) What are the characteristics of patients who had malpractice claims for respiratory depression and respiratory arrests in the postoperative period? The Anesthesia Closed Claims Project database was the source of data for this study. This national database derives data from a panel of liability companies (national and regional) and includes closed malpractice claims against anesthesiologists representing > 30% of practicing anesthesiologists in the United States from all types of practice settings (hospital, surgery centers, and offices). Claims for damage to teeth or dentures are not included in the database. Patient characteristics, type of anesthesia, damaging events, outcomes, and liability characteristics of anesthesia malpractice claims for events occurring in the years 2000 to 2013 related to nonspine orthopaedic surgery (n = 475) were compared with claims related to other procedures (n = 1592) with p < 0.05 as the criterion for statistical significance and two-tailed tests. Odds ratios and their 95% confidence intervals were calculated for all comparisons. Three types of claims involving high-impact injuries in patients undergoing nonspine orthopaedic surgery were identified through database query for in-depth descriptive review: neuraxial hematoma (n = 10), central ischemic neurologic injury in the beach chair position (n = 9), and injuries caused by postoperative respiratory depression (n = 23). Nonspine orthopaedic anesthesia malpractice claims were more frequently associated with nerve injuries (125 of 475 [26%], odds ratio [OR] 2.12 [1.66-2.71]) and events arising from the use of regional anesthesia (125 of 475 [26%], OR 6.18 (4.59-8.32) than in malpractice claims in other areas of anesthesia malpractice (230 of 1592 [14%] and 87 of 1592 [6%], respectively, p < 0.001 for both comparisons). Ninety percent (nine of 10) of patients with claims for neuraxial hematomas were receiving anticoagulant medication and all had severe long-term injuries, most with a history of significant delay in diagnosis and treatment after first appearance of signs and symptoms. Central ischemic injuries occurring during orthopaedic surgery in the beach chair position did not occur solely in patients who would have been considered at high risk for ischemic stroke. Patients with malpractice claims for injuries resulting from postoperative respiratory depression events had undergone lower extremity procedures (20 of 23 [87%]) and most events (22 of 23 [96%]) occurred on the day of surgery or the first postoperative day. Nonspine orthopaedic anesthesia malpractice claims more frequently cited nerve injury and events arising from the use of regional anesthesia than other surgical anesthesia malpractice claims. This may reflect the frequency of regional anesthesia in orthopaedic cases rather than increased risk of injury associated with regional techniques. When neuraxial procedures and anticoagulation regimens are used concurrently, care pathways should emphasize clear lines of responsibility for coordination of care and early investigation of any unusual neurologic findings that might indicate neuraxial hematoma. We do not have a good understanding of the factors that render some patients vulnerable to the rare occurrence of intraoperative central ischemic injury in the beach chair position, but providers should carefully calculate cerebral perfusion pressure relative to measured blood pressure for patients in the upright position. Postoperative use of multiple opioids by different concurrent modes of administration warrant special precautions with consideration given to the provision of care in settings with enhanced respiratory monitoring. The limitations of retrospective closed claims database review prevent conclusions regarding causation. Nonetheless, the collection of relatively rare events with substantial clinical detail provides valuable data to generate hypotheses about causation with potential for future study to improve patient safety. Level III, therapeutic study.

  17. Closed medical negligence claims can drive patient safety and reduce litigation.

    PubMed

    Pegalis, Steven E; Bal, B Sonny

    2012-05-01

    Medical liability reform is viewed by many physician groups as a means of reducing medical malpractice litigation and lowering healthcare costs. However, alternative approaches such as closed medical negligence claims data may also achieve these goals. We asked whether information gleaned from closed claims related to medical negligence could promote patient safety and reduce costs related to medical liability. Specifically, we investigated whether physician groups have examined such data to identify error patterns and to then institute specific patient treatment protocols. We searched for medical societies that have systematically examined closed medical negligence claims in their specialty to develop specific standards of physician conduct. We then searched the medical literature for published evidence of the efficacy, if any, related to the patient safety measures thus developed. Anesthesia and obstetric physician societies have successfully targeted costs and related concerns arising from medical malpractice lawsuits by using data from closed claims to develop patient safety and treatment guidelines. In both specialties, after institution of safety measures derived from closed medical negligence claims, the incidence and costs related to medical malpractice decreased and physician satisfaction improved. Tort reform, in the form of legislatively prescribed limits on damages arising from lawsuits, is not the only means of addressing the incidence and costs related to medical malpractice litigation. As the experience of anesthesia and obstetric physicians has demonstrated, safety guidelines derived from analyzing past medical malpractice litigation can achieve the same goals while also promoting patient safety.

  18. Claims-Based Definition of Death in Japanese Claims Database: Validity and Implications

    PubMed Central

    Ooba, Nobuhiro; Setoguchi, Soko; Ando, Takashi; Sato, Tsugumichi; Yamaguchi, Takuhiro; Mochizuki, Mayumi; Kubota, Kiyoshi

    2013-01-01

    Background For the pending National Claims Database in Japan, researchers will not have access to death information in the enrollment files. We developed and evaluated a claims-based definition of death. Methodology/Principal Findings We used healthcare claims and enrollment data between January 2005 and August 2009 for 195,193 beneficiaries aged 20 to 74 in 3 private health insurance unions. We developed claims-based definitions of death using discharge or disease status and Charlson comorbidity index (CCI). We calculated sensitivity, specificity and positive predictive values (PPVs) using the enrollment data as a gold standard in the overall population and subgroups divided by demographic and other factors. We also assessed bias and precision in two example studies where an outcome was death. The definition based on the combination of discharge/disease status and CCI provided moderate sensitivity (around 60%) and high specificity (99.99%) and high PPVs (94.8%). In most subgroups, sensitivity of the preferred definition was also around 60% but varied from 28 to 91%. In an example study comparing death rates between two anticancer drug classes, the claims-based definition provided valid and precise hazard ratios (HRs). In another example study comparing two classes of anti-depressants, the HR with the claims-based definition was biased and had lower precision than that with the gold standard definition. Conclusions/Significance The claims-based definitions of death developed in this study had high specificity and PPVs while sensitivity was around 60%. The definitions will be useful in future studies when used with attention to the possible fluctuation of sensitivity in some subpopulations. PMID:23741526

  19. Pressures, trends, and impacts in coastal zones: Interactions between socioeconomic and natural systems

    NASA Astrophysics Data System (ADS)

    Turner, R. K.; Subak, S.; Adger, W. N.

    1996-03-01

    This paper assesses the status of coastal zones in the context of expected climate change and its related impacts, as well as current and future socioeconomic pressures and impacts. It is argued that external stresses and shocks relating to sea-level rise and other changes will tend to exacerbate existing environmental pressures and damage in coastal zones. Coastal zones are under increasing stress because of an interrelated set of planning failures including information, economic market, and policy intervention failures. Moves towards integrated coastal zone management are urgently required to guide the coevolution of natural and human systems. Overtly technocentric claims that assessments of vulnerability undertaken to date are overestimates of likely future damages from global warming are premature. While it is the case that forecasts of sea-level rise have been scaled down, much uncertainty remains over, for example, combined storm, sea surge, and other events. In any case, within the socioeconomic analyses of the problem, resource valuations have been at best only partial and have failed to incorporate sensitivity analysis in terms of the discount rates utilized. This would indicate an underestimation of potential damage costs. Overall, a precautionary approach is justified based on the need to act ahead of adequate information acquisition, economically efficient resource pricing and proactive coastal planning.

  20. 32 CFR 750.8 - Claims: Responsibility of the Tort Claims Unit Norfolk.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... received in proper form. (c) Adjudicating the claim. (1) The Tort Claims Unit Norfolk shall evaluate and... is a narrative summary of the facts upon which the suit is based and has as enclosures the claims...

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