Medical negligence, causation and liability for non-disclosure of risk : a post-wallace framework and critique

Through an examination of Wallace v Kam, this article considers and evaluates the law of causation in the specific context of a medical practitioner’s duty to provide information to patients concerning material risks of treatment. To supply a contextual background for the analysis which follows, Part II summarises the basic principles of causation law, while Part III provides an overview of the case and the reasoning adopted in the decisions at first instance and on appeal. With particular emphasis upon the reasoning in the courts of appeal, Part IV then examines the implications of the case in the context of other jurisprudence in this field and, in so doing, provides a framework for a structured consideration of causation issues in future non-disclosure cases under the Australian civil liability legislation. As will become clear, Wallace was fundamentally decided on the basis of policy reasoning centred upon the purpose behind the legal duty violated. Although the plurality in Rogers v Whitaker rejected the utility of expressions such as ‘the patient’s right of self-determination’ in this context, some Australian jurisprudence may be thought to frame the practitioner’s duty to warn in terms of promoting a patient’s autonomy, or right to decide whether to submit to treatment proposed. Accordingly, the impact of Wallace upon the protection of this right, and the interrelation between it and the duty to warn’s purpose, is investigated. The analysis in Part IV also evaluates the courts’ reasoning in Wallace by questioning the extent to which Wallace’s approach to liability and causal connection in non-disclosure of risk cases: depends upon the nature and classification of the risk(s) in question; and can be reconciled with the way in which patients make decisions. Finally, Part V adopts a comparative approach by considering whether the same decision might be reached if Wallace was determined according to English law.

Development of an online role-play assessment initiative for nursing students in their bioscience studies

Devising assessment tasks for large units that embrace academic goals of authenticity and assessment variety can be a challenge. We developed an online Role-Play Assessment Initiative for first year nursing students in bioscience. Students responded to a case study by preparing two role-play dialogues: as a nurse with the patient, and between two nurses. The aims were to assess whether the students could: 1) understand the underlying disease process (pathophysiology) and relate it to clinical practice; 2) use language appropriate for lay and medical conversation; and 3) apply information using active learning. We conducted a student survey using quantitative questions (Likert scale: 1=strongly disagree to 5=strongly agree), and qualitative questions. 65 completed surveys were received. 80% of respondents agreed (includes agree or strongly agree) that it was a useful way to learn and understand pathophysiology of the case study. 86% agreed that it was useful to apply pathophysiology from lectures to a clinical setting. Overall, students found it enjoyable, which is beneficial for enhanced student engagement, and agreed that it allowed them to work well in a group (74% and 85%, respectively). Most qualitative suggestions for improvement related to group work, despite the encouraging response to group work in quantitative questions. Most positive comments surrounded different communication with a nurse compared with a patient. These results demonstrate that students developed deeper understanding of pathophysiology through active learning and were able to expand their nursing career skills during the role-play. Learning using role-play to simulate the workforce has fostered active learning.

Navigating pathways for academic staff development : implications for institutions and academic ranks

BACKGROUND As engineering schools adopt outcomes - focused learning approaches in response to government expectations and industry requirements of graduates capable of learning and applying knowledge in different contexts, university academics must be capable of developing and delivering programs that meet these requirements. Those academics are increasingly facing challenges in progressing their research and also acquiring different skill sets to meet the learning and teaching requirements. PURPOSE The goal of this study was to identify the types of development and support structures in place for academic staff, especially early career ones, and examine how the type of institution and the rank or role of the staff member affects these structures. DESIGN/METHOD We conducted semi - structured interviews with 21 individuals in a range of positions pertaining to teaching and learning in engineering education. Open coding was used to identify main themes from the guiding questions raised in the interviews and refined to address themes relevant to the development of institutional staff . The interview data was then analysed based on the type of institution and the rank/ role of the participant. RESULTS While development programs that focus on improving teaching and learning are available, the approach on using these types of programs differed based on staff perspective. Fewer academics, regardless of rank/role, had knowledge of support structures related to other areas of scholarship, e.g. disciplinary research, educational research, learning the institutional culture. The type of institution also impacted how they weighted and encouraged multiple forms of scholarship. We found that academic staff holding higher ranking positions, e.g. dean or associate dean, were not only concerned with the success of their respective programs, but also in how to promote other academic staff participation throughout the process. CONCLUSIONS The findings from this stud y extend the premise that developing effective academic staff ultimately leads to more effective institutions and successful graduates and accomplishing this requires staff buy - in at multiple stages of instructional and program development. Staff and administration developing approaches for educational innovation together (Besterfield - Sacre et al., 2014) and getting buy - in from all academic staff to invest in engineering education development will ultimately lead to more successful engineering graduates.

Wheeze, asthma diagnosis and medication use : a national adult survey in a developing country

Background As relatively little is known about adult wheeze and asthma in developing countries, this study aimed to determine the predictors of wheeze, asthma diagnosis, and current treatment in a national survey of South African adults. Methods A stratified national probability sample of households was drawn and all adults (>14 years) in the selected households were interviewed. Outcomes of interest were recent wheeze, asthma diagnosis, and current use of asthma medication. Predictors of interest were sex, age, household asset index, education, racial group, urban residence, medical insurance, domestic exposure to smoky fuels, occupational exposure, smoking, body mass index, and past tuberculosis. Results A total of 5671 men and 8155 women were studied. Although recent wheeze was reported by 14.4% of men and 17.6% of women and asthma diagnosis by 3.7% of men and 3.8% of women, women were less likely than men to be on current treatment (OR 0.6; 95% confidence interval (CI) 0.5 to 0.8). A history of tuberculosis was an independent predictor of both recent wheeze (OR 3.4; 95% CI 2.5 to 4.7) and asthma diagnosis (OR 2.2; 95% CI 1.5 to 3.2), as was occupational exposure (wheeze: OR 1.8; 95% CI 1.5 to 2.0; asthma diagnosis: OR 1.9; 95% CI 1.4 to 2.4). Smoking was associated with wheeze but not asthma diagnosis. Obesity showed an association with wheeze only in younger women. Both wheeze and asthma diagnosis were more prevalent in those with less education but had no association with the asset index. Independently, having medical insurance was associated with a higher prevalence of diagnosis. Conclusions Some of the findings may be to due to reporting bias and heterogeneity of the categories wheeze and asthma diagnosis, which may overlap with post tuberculous airways obstruction and chronic obstructive pulmonary disease due to smoking and occupational exposures. The results underline the importance of controlling tuberculosis and occupational exposures as well as smoking in reducing chronic respiratory morbidity. Validation of the asthma questionnaire in this setting and research into the pathophysiology of post tuberculous airways obstruction are also needed.

Systematic review of interventions to improve the provision of information for adults with primary brain tumors and their caregivers

Background: Adults with primary brain tumors and their caregivers have significant information needs. This review assessed the effect of interventions to improve information provision for adult primary brain tumor patients and/or their caregivers. Methods: We included randomized or nonrandomized trials testing educational interventions that had outcomes of information provision, knowledge, understanding, recall, or satisfaction with the intervention, for adults diagnosed with primary brain tumors and/or their family or caregivers. PubMed, MEDLINE, EMBASE and Cochrane Reviews databases were searched for studies published between 1980 and June 2014. Results: Two randomized controlled, one non-randomized controlled, and 10 single group pre-post trials enrolled more than 411 participants. Five group, four practice/process change and four individual interventions assessed satisfaction (12 studies), knowledge (four studies) or information provision (2 studies). Nine studies reported high rates of satisfaction. Three studies showed statistically significant improvements over time in knowledge and two showed greater information was provided to intervention than control group participants, although statistical testing was not performed. Discussion: The trials assessed intermediate outcomes such as satisfaction, and only 4/13 reported on knowledge improvements. Few trials had a randomized controlled design and risk of bias was either evident or could not be assessed in most domains.

Multi-modal deformable medical image registration

Non-rigid image registration is an essential tool required for overcoming the inherent local anatomical variations that exist between images acquired from different individuals or atlases. Furthermore, certain applications require this type of registration to operate across images acquired from different imaging modalities. One popular local approach for estimating this registration is a block matching procedure utilising the mutual information criterion. However, previous block matching procedures generate a sparse deformation field containing displacement estimates at uniformly spaced locations. This neglects to make use of the evidence that block matching results are dependent on the amount of local information content. This paper presents a solution to this drawback by proposing the use of a Reversible Jump Markov Chain Monte Carlo statistical procedure to optimally select grid points of interest. Three different methods are then compared to propagate the estimated sparse deformation field to the entire image including a thin-plate spline warp, Gaussian convolution, and a hybrid fluid technique. Results show that non-rigid registration can be improved by using the proposed algorithm to optimally select grid points of interest.

Bacterial adherence and biofilm formation on medical implants : a review

Biofilms are a complex group of microbial cells that adhere to the exopolysaccharide matrix present on the surface of medical devices. Biofilm-associated infections in the medical devices pose a serious problem to the public health and adversely affect the function of the device. Medical implants used in oral and orthopedic surgery are fabricated using alloys such as stainless steel and titanium. The biological behavior, such as osseointegration and its antibacterial activity, essentially depends on both the chemical composition and the morphology of the surface of the device. Surface treatment of medical implants by various physical and chemical techniques are attempted in order to improve their surface properties so as to facilitate bio-integration and prevent bacterial adhesion. The potential source of infection of the surrounding tissue and antimicrobial strategies are from bacteria adherent to or in a biofilm on the implant which should prevent both biofilm formation and tissue colonization. This article provides an overview of bacterial biofilm formation and methods adopted for the inhibition of bacterial adhesion on medical implants

Community environment education centers : Facilitating community created ecoscapes

This study focuses on designing a community environment education center (CEEC) for Chillingham, as a hub for community transition to sustainability, redressing social fragmentation, youth unemployment, a high eco-footprint and economic rural decline due to globalisation. The ecologically sustainable development framework was delivered by integrating environment education and community development through project-based experiential learning. The development of Chillingham Community Centre involved case study research and incorporated participatory design charrettes, transformative learning, eco-positive development and community-public-private partnerships. This process evolved from community strategic planning in a small rural village buffering world heritage rainforests impacted by a rapidly expanding urban conurbation on Australia’s east coast. This community space encompasses socio-environmental flows connecting people to each other and the ecoscape to grow natural capital, community cohesion and empower eco-governance. Modelling passive solar design, on-site renewable energy/water/nutrient cycling, community garden/market and environment education programs sowed the seeds for a green local economy, demonstrating community capacity to participate in transition to sustainability. A small rural community can demonstrate to other communities that a CEEC enables people to meet their socio-environmental and economic needs locally and sustainably. The ecologically sustainable solution is holistic, all settlements need to be richly biodiverse, locally specific and globally wise.

Creating a legal framework for copyright management of open access within the Australian academic and research sector

This chapter analyses the copyright law framework needed to ensure open access to outputs of the Australian academic and research sector such as journal articles and theses. It overviews the new knowledge landscape, the principles of copyright law, the concept of open access to knowledge, the recently developed open content models of copyright licensing and the challenges faced in providing greater access to knowledge and research outputs.

Sessional academic success : the QUT Law School experience

Sessional academics are an important part of the provision of legal education in higher education with many institutions relying to a large extent on their sessional academics to deliver the teaching program, particularly in the first year. This is particularly relevant to Law Schools as many sessional academics are legal practitioners rather than HDR students. Therefore it is important for both the staff and student experience as well as to the attainment of the learning outcomes that consideration is given to the professional development and training of sessional academics. The QUT Law School has been a participant in a university pilot providing opportunities through the Sessional Academic Success program for academic development, support and developing a sense of belonging for sessional academics. This article will explain the program and initial outcomes and report on the results of surveys and focus groups of sessional academics as well as feedback from fulltime staff. The article will conclude with an analysis of the benefits to sessional academics, students and the School as a whole.