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.

Incidence, risk factors and estimates of a woman's risk of developing secondary lower limb lymphedema and lymphedema-specific supportive care needs in women treated for endometrial cancer

Objectives: Few studies have assessed the risk and impact of lymphedema among women treated for endometrial cancer. We aimed to quantify cumulative incidence of, and risk factors for developing lymphedema following treatment for endometrial cancer and estimate absolute risk for individuals. Further, we report unmet needs for help with lymphedema-specific issues. Methods: Women treated for endometrial cancer (n = 1243) were followed-up 3–5 years after diagnosis; a subset of 643 completed a follow-up survey that asked about lymphedema and lymphedema-related support needs. We identified a diagnosis of secondary lymphedema from medical records or self-report. Multivariable logistic regression was used to evaluate risk factors and estimates. Results: Overall, 13% of women developed lymphedema. Risk varied markedly with the number of lymph nodes removed and, to a lesser extent, receipt of adjuvant radiation or chemotherapy treatment, and use of nonsteroidal anti-inflammatory drugs (pre-diagnosis). The absolute risk of developing lymphedema was > 50% for women with 15 + nodes removed and 2–3 additional risk factors, 30–41% for those with 15 + nodes removed plus 0–1 risk factors or 6–14 nodes removed plus 3 risk factors, but ≤ 8% for women with no nodes removed or 1–5 nodes but no additional risk factors. Over half (55%) of those who developed lymphedema reported unmet need(s), particularly with lymphedema-related costs and pain. Conclusion: Lymphedema is common; experienced by one in eight women following endometrial cancer. Women who have undergone lymphadenectomy have very high risks of lymphedema and should be informed how to self-monitor for symptoms. Affected women need greater levels of support.

AITSL pilot projects [Queensland University of Technology : The existing school-based practices and processes for the use of NAPLAN data] Final report

This pilot project investigated the existing practices and processes of Proficient, Highly Accomplished and Lead teachers in the interpretation, analysis and implementation of National Assessment Program – Literacy and Numeracy (NAPLAN) data. A qualitative case study approach was the chosen methodology, with nine teachers across a variety of school sectors interviewed. Themes and sub-themes were identified from the participants’ interview responses revealing the ways in which Queensland teachers work with NAPLAN data. The data illuminated that generally individual schools and teachers adopted their own ways of working with data, with approaches ranging from individual/ad hoc, to hierarchical or a whole school approach. Findings also revealed that data are the responsibility of various persons from within the school hierarchy; some working with the data electronically whilst others rely on manual manipulation. Manipulation of data is used for various purposes including tracking performance, value adding and targeting programmes for specific groups of students, for example the gifted and talented. Whilst all participants had knowledge of intervention programmes and how practice could be modified, there were large inconsistencies in knowledge and skills across schools. Some see the use of data as a mechanism for accountability, whilst others mention data with regards to changing the school culture and identifying best practice. Overall, the findings showed inconsistencies in approach to focus area 5.4. Recommendations therefore include a more national approach to the use of educational data.

An acute cough-specific quality of life questionnaire for children: Development and validation

Background Patient-relevant outcome measures are essential for high-quality clinical research, and quality-of-life (QoL) tools are the current standard. Currently, there is no validated children's acute cough-specific QoL questionnaire. Objective The objective of this study was to develop and validate the Parent-proxy Children's Acute Cough-specific QoL Questionnaire (PAC-QoL). Methods Using focus groups, a 48-item PAC-QoL questionnaire was developed and later reduced to 16 items by using the clinical impact method. Parents of children with a current acute cough (<2 weeks) at enrollment completed 2 validated cough score measures, the preliminary 48-item PAC-QoL, and 3 other questionnaires (the State Trait Anxiety Inventory [STAI], the Short-Form 8-item 24-hour recall Health Survey [SF-8], and the Depression, Anxiety, and Stress 21-item Scale [DASS21]). All measures were repeated on days 3 and 14. Results The median age of the 155 children enrolled was 2.3 years (interquartile range, 1.3-4.6). Median cough duration at enrollment was 3 days (interquartile range, 2-5). The reduced 16-item scale had high internal consistency (Cronbach α = 0.95). Evidence for repeatability and criterion validity was shown by significant correlations between the domains and total PAC-QoL scores and the SF-8 (r = −0.36 and −0.51), STAI (r = −0.27 and −0.39), and DASS21 (r = −0.32 and −0.41) scales on days 0 and 3, respectively. The final PAC-QoL questionnaire was sensitive to change over time, with changes significantly relating to changes in cough score measures (P < .001). Conclusion The 16-item PAC-QoL is a reliable and valid outcome measure that assesses QoL related to childhood acute cough at a given time point and reflects changes in acute cough-specific QoL over time.

Narrative and multimodality in English language arts curricula : a tale of two nations

In this policy column within this special edition on "The Arts in Language Arts", we critique the current place of multimodality and narratives in research and curriculum policy. This is a vital issue of significance for literacy educators, researchers, and policy makers because the narrative texts that circulate in our everyday lives are multimodal, tied to the ever-broadening range of narratives forms in digital sites of display. Here, we critically evaluate the place of multimodality and narratives in the language arts or English curriculum policies of two nations, the USA and Australia. In particular, we highlight the silence on multimodality within the Common Core State Standards, USA, and the contrasting centrality of multimodality in the National Curriculum: English, Australia.

Analysing children’s persuasive texts : the use of hedging and intensification

Research Quality This is a dialogue between two Australian literacy scholars about two persuasive writing techniques that posed difficulty for the students in our research. This dialogue flows from the analysis of Year 6 writing samples from an ARC Linkage Project, URLearning (2009-2013) - the focus of the symposium. We use vivid examples of writing from students’ handwritten persuasive texts on topics that were chosen by teachers. The persuasive structure in the texts followed the Toulmin (2003) model: a thesis statement, three arguments with evidence, and a conclusion. The findings show that to realise the effective power of rhetorical persuasion, students need an expanded lexicon that does not rely on intensifiers, and which employs a greater range of advanced hedging techniques to use to their advantage. National & International Importance The study is potentially of national and international relevance, given that argumentation or persuasion is a key life skill in many professional, personal, and discourses. It is also a requirement in the International English Language Testing Systems (IELTS) tests, which are a critical gateway for tertiary studies in many English-speaking countries (Coffin, 2004). Timeliness The research is timely given the Australian Curriculum English, in which persuasive texts figure prominently from Preparatory to Year 10 (ACARA, 2014). The recommendations are also timely in the context of educational policies in other parts of the world. For example, in the United States, the Common Core Standards: English Language Arts, mandates the teaching of persuasive texts (Council of Chief State School Officers & National Governors Association, 2013) Implications for practice/policy The findings of the study have specific practical implications for teachers, who can address the persuasive writing techniques of hedging and intensification with which children need targeted support and explicit instruction. The presentation is positioned at the nexus of teacher practice to better address the national priorities of the Australian Curriculum: English (ACARA, 2014), while having implications for applied linguistics research by identifying common problems in students' persuasive writing.

Understanding welding practices on shipyards : an ethnographic study for designing an interactive robot welder

The aim of this ethnographic study was to understand welding practices in shipyard environments with the purpose of designing an interactive welding robot that can help workers with their daily job. The robot is meant to be deployed for automatic welding on jack-up rig structures. The design of the robot turns out to be a challenging task due to several problematic working conditions on the shipyard, such as dust, irregular floor, high temperature, wind variations, elevated working platforms, narrow spaces, and circular welding paths requiring a robotic arm with more than 6 degrees of freedom. Additionally, the environment is very noisy and the workers – mostly foreigners – have a very basic level of English. These two issues need to be taken into account when designing the interactive user interface for the robot. Ideally, the communication flow between the two parties involved should be as frictionless as possible. The paper presents the results of our field observations and welders’ interviews, as well as our robot design recommendation for the next project stage.

Student knowledge of curriculum literacies as they enter high school

This study explores students' perceptions of their learning, particularly their knowledge of writing, in their first year of high school. Conducted in a large regional high school, the researcher worked with two Year 8 teachers in the subjects of English, Science and History to apply Systemic Functional Linguistics in the development of lessons with a specific focus on writing. This Design Based Research project revealed how external and internal factors are impacting on teachers' abilities to improve students' knowledge and understandings of how specific subjects organise and represent information, particularly through writing.

“Well, hang on, they’re actually much better than that!” : disrupting dominant discourses of deficit about English language learners in senior high school English

This paper explores how four English teachers position their English language learners for critical literacy within senior high school curriculum in Queensland, Australia. Such learners are often positioned, even by their teachers, within a broader “deficit discourse” that claims they are inherently lacking the requisite knowledge and skills to engage with intransigent school curricula. As such, English language learners’ identity formation is often constrained by deficit views that can ultimately see limited kinds of literacy teaching offered to them. Using Fairclough’s (2003) critical discourse analysis method, analysis of 16 interviews with the teachers was conducted as part of a larger, critical instrumental case study in two state high schools during 2010. Five competing discourses were identified: deficit as lack; deficit as need; learner “difference” as a resource; conceptual capacity for critical literacy; and linguistic, cultural and conceptual difficulty with critical literacy. While a deficit view is present, counter-hegemonic discourses also exist in their talk. The combination of discourses challenges monolithic deficit views of English language learners, and opens up generative discursive territory to position English language learners in ways other than “problematic”. This has important implications for how teachers view and teach English language learners and their capacity for critical literacy work in senior high school classrooms.

Morphometric analysis of telencephalic structure in a variety of neognath and paleognath bird species reveals regional differences associated with specific behavioral traits

Birds exhibit a huge array of behavior, ecology and physiology, and occupy nearly every environment on earth, ranging from the desert outback of Australia to the tropical rain forests of Panama. Some birds have adopted a fully nocturnal lifestyle, such as the barn owl and kiwi, while others, such as the albatross, spend nearly their entire life flying over the ocean. Each species has evolved unique adaptations over millions of years to function in their respective niche. In order to increase processing power or network efficiency, many of these adaptations require enlargements and/or specializations of the brain as a whole or of specific brain regions. In this study, we examine the relative size and morphology of 9 telencephalic regions in a number of Paleognath and Neognath birds and relate the findings to differences in behavior and sensory ecology. We pay particular attention to those species that have undergone a relative enlargement of the telencephalon to determine whether this relative increase in telencephalic size is homogeneous across different brain regions or whether particular regions have become differentially enlarged. The analysis indicates that changes in the relative size of telencephalic regions are not homogeneous, with every species showing hypertrophy or hypotrophy of at least one of them. The three-dimensional structure of these regions in different species was also variable, in particular that of the mesopallium in kiwi. The findings from this study provide further evidence that the changes in relative brain size in birds reflect a process of mosaic evolution.

Sex-specific roost selection by bats in clearfell harvested plantation forest : improved knowledge advises management

To maximize energetic savings, female bats often roost communally whilst pregnant or with non-volant dependents, whereas male bats more often roost alone; however, differences in selection of roosts by sex have not often been investigated. Better understanding of female colony locations could focus management to protect the majority of bats. New Zealand's long-tailed bat (Chalinolobus tuberculatus) roost in exotic plantation forest, where sex-specific roost selection has not been investigated, and therefore such management is not possible. We investigated sex-specific roost selection by long-tailed bats for the first time. Roosts and paired nonroosts were characterized testing predictions that males and females select roosts that differ from non-roosts, and males and females select different roosts. Females and males chose Pinus radiata roosts that differed from non-roost trees. Results suggest each sex chose roosts that maximized energetic savings. Female bats used roosts closer to water sources, that warmed earlier in the day, which allowed maintenance of high temperatures. Males appeared to choose roosts that allowed torpor use for long periods of the day. Males may be less selective with their roost locations than females, as they roosted further from water sources. This could allow persistence of male bats in marginal habitat. As all female long-tailed bats chose roosts within 150 m of waterways, management to protect bats could be focused here. To protect bats least able to escape when roosts are harvested, harvest of forest stands selected by female bats as roost sites should be planned when bats are not heavily pregnant nor have non-volant dependents.

Using extended random set to find specific patterns

With the overwhelming increase in the amount of data on the web and data bases, many text mining techniques have been proposed for mining useful patterns in text documents. Extracting closed sequential patterns using the Pattern Taxonomy Model (PTM) is one of the pruning methods to remove noisy, inconsistent, and redundant patterns. However, PTM model treats each extracted pattern as whole without considering included terms, which could affect the quality of extracted patterns. This paper propose an innovative and effective method that extends the random set to accurately weigh patterns based on their distribution in the documents and their terms distribution in patterns. Then, the proposed approach will find the specific closed sequential patterns (SCSP) based on the new calculated weight. The experimental results on Reuters Corpus Volume 1 (RCV1) data collection and TREC topics show that the proposed method significantly outperforms other state-of-the-art methods in different popular measures.

English as identity formation

Literate practices and identities matter, those of both students and their teachers. There is considerable research exploring the discursive construction of students’ literacy practices and identities and the discursively mediated identities of literacy and English teachers. As Moje and Luke (2009) note, how identity is viewed influences and is influenced by the way literacy is viewed. Teachers’ literate identities and conceptualisations of literacy shape what counts as literacy in their classrooms, but also frame, shape and often limit students’ identities, both as readers and as writers (Hall, 2012).

Review of "English language education across Greater China"; edited by Anwei Feng

I formally learned English from Year Four until the completion of my undergraduate study in China. Because of this personal history, I was keen to review this book and revisit English education in China. The list of contributors to the book includes Anwei Feng (editor) and his colleagues, who play an insider role in English language practice, research, and policy-making in “Greater China”. Greater China according to Feng, can be defined as geographically close, demographically Chinese-dominated, and culturally, economically, and socio-politically interrelated countries and territories where Chinese is either the mother tongue or used as an official language.

Facial emotion processing in schizophrenia : no evidence for a deficit specific to negative emotions in a differential deficit design

People with schizophrenia perform poorly when recognising facial expressions of emotion, particularly negative emotions such as fear. This finding has been taken as evidence of a “negative emotion specific deficit”, putatively associated with a dysfunction in the limbic system, particularly the amygdala. An alternative explanation is that greater difficulty in recognising negative emotions may reflect a priori differences in task difficulty. The present study uses a differential deficit design to test the above argument. Facial emotion recognition accuracy for seven emotion categories was compared across three groups. Eighteen schizophrenia patients and one group of healthy age- and gender-matched controls viewed identical sets of stimuli. A second group of 18 age- and gender-matched controls viewed a degraded version of the same stimuli. The level of stimulus degradation was chosen so as to equate overall level of accuracy to the schizophrenia patients. Both the schizophrenia group and the degraded image control group showed reduced overall recognition accuracy and reduced recognition accuracy for fearful and sad facial stimuli compared with the intact-image control group. There were no differences in recognition accuracy for any emotion category between the schizophrenia group and the degraded image control group. These findings argue against a negative emotion specific deficit in schizophrenia.