Quo iure? Defendants' liability to rescuers in the tort of negligence

The year 2001 marks the 80th anniversary of Cardozo J's judgment in Wagner v International Railway Co 232 NY 176 (1921). This article examines theoretical and procedural problems associated with the concept of duty of care as a foundation for the defendant's liability in negligence to altruistic rescuers, and suggests that Cardozo J's judgment did not establish the principle that defendants owe rescuers a duty of care in negligence. It is argued that subsequent judgments failed to provide the duty of care owed to rescuers under tortious negligence with proper jurisprudential foundations. Conceptual difficulties inherent in a jurisprudential principle that would provide physically injured rescuers with a legal right to a duty of care from the defendant under the tort of negligence were compounded once compensation for negligently occasioned pure emotional distress became available. This article analyses various theories of recovery for pure psychiatric injury and the classification of rescuers into primary and secondary victims. It proposes a solution in the form of a separate cause of action on the case for liability to injured rescuers, partly based on the principle of necessity that governs the Roman action for negotiorum gestio. Cases from the United States, England and Australia are used to illustrate the similarities and differences in the development of and approaches to, the law of rescue.

Balancing the risk of injury to gymnasts : how effective are the counter measures?

Background—To minimise injury risk and maximise gymnastics performance, coaches, parents, and health professionals working with young gymnasts need to understand and practise safe gymnastics.

Aims—To (a) identify the various injury counter measures specific to gymnastics, (b) critically review the literature describing each injury prevention measure, and (c) assess, using available risk factor and injury data, the weight of evidence to support each of these counter measures. Specific recommendations for further research and implementation strategies to prevent injury and improve safety are also given.

Methods—The relevant literature was identified through the use of Medline (1966 to May 1998) and SPORT Discus (1975 to May 1998) searches, hand searching of journals and reference lists, and discussions with key Australian gymnastics organisations.

Results—The key gymnastics injury counter measures identified in this review include coaching (physical preparation, education, spotting, and performance technique), equipment, and the health support system (medical screening, treatment, and rehabilitation). Categorisation of the type of evidence for the effectiveness of each of these counter measures in preventing injury showed that most of it is based on informal opinion/anecdotal evidence, uncontrolled data based studies, and several prospective epidemiological studies. There is no evidence from formally controlled trials or specific evaluation studies of counter measures for gymnastics.

Conclusions—Although gymnastics is a sport associated with young participants and frequent high volume, high impact training, there is a paucity of information on injury risk factors and the effectiveness of injury practices. Further controlled trials are needed to examine the extent to which injury prevention counter measures can prevent or reduce the occurrence of injury and re-injury. Particular attention should be devoted to improving training facilities, the design and testing of apparatus and personal equipment used by gymnasts, and coaching and the role of spotting in preventing injury.

Emotional responses to filmed violence and the eye blink startle response

The study assessed gender differences in emotional responses to violent film. Both subjective emotional response and eye blink startle magnitude were assessed while 20 men and 20 women viewed a series of five violent film segments and five nature scenes. Participants exhibited higher levels of curiosity, anxiety, disgust, and anger, and lower levels of positive emotion and boredom in response to the violent film segments in comparison with the nature material. Startle response was magnified during the violent film segments, indicating an aversive response. Evidence that men and women responded to the violence differently was demonstrated by men' experiencing greater positive feelings, entertainment, and curiosity in relation to the violent film, whereas women reported more disgust, boredom, anger, and experienced greater startle in relation to the violent scenes portrayed in the film. Future directions for investigating filmed violence are outlined.

Sexual and emotional variables influencing sexual response to erotica: a psychophysiological investigation

The relative contribution of attentional and emotional factors to the physiological and subjective sexual arousal elicited by erotic film was evaluated. Sexual arousal, attentional, and emotional responses were measured while 30 men were presented with a series of erotic film segments. Levels of physiological and subjective sexual arousal were higher when subjects became absorbed in the activities portrayed in the film and when they experienced the depicted erotic encounters as appetitive, than when they were distracted and perceived the encounters as aversive. The erotic film elicited a diminished startle response to a sudden burst of white noise presented during stimulation relative to the nature film, suggesting that at a physiological level the erotic segments of film were processed as more appetitive in valence. The level of sexual arousal elicited by the erotic segments was related to the extent to which subjects were entertained by the film, even though there was considerable anxiety generated by the portrayed sexual scenarios. Sexual response was not significantly correlated with trait measures of absorption (as indexed by the Tellegen Absorption Scale) nor with vividness of imagery (as assessed by the Betts Questionnaire upon Mental Imagery). Arousal was related to state-assessed attentional and emotional variables, and physiological measures of emotional response, demonstrating the multidimensional nature of the sexual response Future directions for comparing male sexual response patterns with female response patterns are suggested.

Quality of life improvements after sports injury

Over the past decade, there has been an increase in available data describing the incidence of sports injuries. However, the outcomes of such injuries remain relatively undocumented. Psychological aspects of sports injury rehabilitation have been documented in elite athletes but not in cohorts of general sports participants. The few studies that have described the financial costs of sports injuries have typically not assessed how these injuries affect quality of life. Despite recent estimates that lost quality of life accounts for 81% of total sports injury costs,1 this has received relatively little attention in the literature. The aim of this paper is to describe the quality of life outcomes associated with sports injuries and to present some preliminary observations about how these change over a six-week period.

Narratives of recovery from traumatic injury: issues in the nursing care of patients in rehabilitation

Patients who sustain multiple orthopaedic injuries through trauma frequently undergo lengthy rehabilitation. There is little information available about how patients experience hospital rehabilitation programs. In particular, not much is known about factors that inhibit or facilitate the rehabilitation process. This paper describes a qualitative study that explored the rehabilitation  experiences of thirteen patients who had serious orthopaedic injuries.  In-depth interviews revealed issues about good and bad care, the importance of mateship, getting through the day and living with pain. In addition, participants spoke of the impact that the accident and resulting injuries had on their relationships, their experience of loss, how difficult it was to manage everyday issues and the ways in which the accident changed them. The findings of the study have been set into a framework of therapeutic emplotment, a novel way to view the role of the rehabilitation nurse.

Influences of spatial practices on pressure ulcer management in the context of spinal cord injury

Nursing practice is significantly influenced by the type and use of space in which nursing is practised. While investigating current patterns of service delivery for the management of pressure ulcers from the perspective of people with spinal cord injuries and their families, the space in which care was delivered was identified as a central determinant of care. Qualitative methods were used to investigate consumer perspectives among patients residing in both metropolitan and rural communities who had been hospitalized for the management of pressure ulcers. Issues related to the spatial practices of the hospital are discussed, demonstrating a link between well-being and the creation of an appropriate caring milieu. It is concluded that service could be improved markedly if health-care professionals placed more consideration on the impact of space on their service delivery.

Emotional intelligence and teaching situations : development of a new measure

This article reports on the development of a new measure entitled: Reactions to Teaching Situations to indicate levels of emotional intelligence among beginning teachers. This article discusses the concept of emotional intelligence and defends the development of such a measure specifically related to the situations in the teaching environment, an environment where emotional intelligence is considered to influence a teachers' thoughts and actions. The measure was found to have acceptable reliability and a range of individual differences was reported. Gender differences were found where female teachers reported greater likelihood of demonstrating emotional intelligence compared to male teachers. There was partial support for the four branch model of emotional intelligence. The discussion includes some projections for these findings and for the use of this measure with more experienced teachers.

Leading as emotional management work in high risk times: the counterintuitive impulses of performativity and passion

This paper explores, through a case study of educational restructuring in Victoria, Australia, how school leaders in a public education system in Australia mediate reform discourses emphasizing managerial and market accountability and the emotional and messy work of teaching and leading. These accountability exercises were often seen by teachers and principals to be distractions; more about reporting and recording, rather than addressing substantive educational issues. They simultaneously distanced teachers and leaders from the 'real' and 'passionate' work of education while appropriating and commodifying teachers' and leaders' emotions and desires to do well. School leaders were expected to manage the emotional performances of their students, parents and colleagues as well as themselves. They also managed the emotions arising from the dissonance between teachers' professional and personal commitment to making a difference for all students based on principles of equity and the performativity requirements based on efficiency and narrowly defined and predetermined criteria of effectiveness and success that often undermined improvement for many students. In that sense performativity ('being seen to be good') and passion (for 'doing good') often produced counterintuitive impulses.

The use of injury surveillance databases to identify emerging injury hazards

Among the many valuable uses of injury surveillance is the potential to alert health authorities and societies in general to emerging injury trends, facilitating earlier development of prevention measures. Other than road safety, to date, few attempts to forecast injury data have been made, although forecasts have been made of other public health issues. This may in part be due to the complex pattern of variance displayed by injury data. The profile of many injury types displays seasonality and diurnal variance, as well as stochastic variance. The authors undertook development of a simple model to forecast injury into the near term. In recognition of the large numbers of possible predictions, the variable nature of injury profiles and the diversity of dependent variables, it became apparent that manual forecasting was impractical. Therefore, it was decided to evaluate a commercially available forecasting software package for prediction accuracy against actual data for a set of predictions. Injury data for a 4-year period (1996 to 1999) were extracted from the Victorian Emergency Minimum Dataset and were used to develop forecasts for the year 2000, for which data was also held. The forecasts for 2000 were compared to the actual data for 2000 by independent t-tests, and the standard errors of the predictions were modelled by stepwise hierarchical multiple regression using the independent variables of the standard deviation, seasonality, mean monthly frequency and slope of the base data (R = 0.93, R² = 0.86, F_{(3, 27)} = 55.2, p < 0.0001). Significant contributions to the model included the SD (β = 1.60, p < 0.001), mean monthly frequency (β =  - 0.72, p < 0.002), and the seasonality of the data (β = 0.16, p < 0.02). It was concluded that injury data could be reliably forecast and that commercial software was adequate for the task. Variance in the data was found to be the most important determinant of prediction accuracy. Importantly, automated forecasting may provide a vehicle for identifying emerging trends.

Role of peer support and emotional expression on posttraumatic stress disorder in student paramedics

This exploratory study contrasted and tested the predictive value of the reverse buffering hypothesis of social support and the information processing model of posttraumatic stress disorder (PTSD) in an investigation of trauma-related symptomatology (TRS) in a single sample of 42 student paramedics. Participants completed several anonymous self-report measures of PTSD symptomatology, peer social support, and attitude toward emotional expression. Regression-based path analyses did not support either theory of PTSD in this population. A path model of PTSD in student paramedics was subsequently developed, indicating that a direct relationship exists between duty-related trauma exposure, dysfunctional peer social support, and students' negative attitudes toward emotional expression. This new model accounted for 30% of the variance in student paramedics' TRS.

Emotional intelligence and teaching : further validation evidence

Further evidence is presented to demonstrate the validity of a new measure of emotional intelligence: Reactions to Teaching Situations (RTS). Using criterion-related groups of high and low scorers on the RTS, it is shown that high scorers give more responses coded as emotional intelligence in their answers to sentence completion tasks relating to ten situations found in teaching. The questions of convergent and discriminant validity is tackled by examination of correlations of emotional intelligence scores and scores on the Multiple Intelligences Checklist for Adults (MICA) and information processing preferences as measured by the Myers-Briggs Type Indicator (MBTI). The results confirm that emotional intelligence (as assessed by the RTS) bears significant relationships to both intrapersonal and interpersonal intelligences and also to linguistic intelligence, but emotional intelligence shows no significant relationships with the MBTI preferences.

Population health and wellbeing: identifying priority areas for Victorian children

Background
Population health information, collected using soundly-designed methodologies, is essential to inform policy, research, and intervention programs. This study aimed to derive policy-oriented recommendations for the content of a health and wellbeing population survey of children 0–12 years living in Victoria, Australia.

Results
Qualitative interviews were conducted with 54 academic and policy stakeholders, selected to encompass a wide breadth of expertise in areas of public health and inter-sectoral organisations relevant to child health outcomes, including universities, government and non-government agencies across Victoria. These stakeholders were asked to provide advice on strategic priorities for child health information (data) using a structured interview technique. Their comments were summarised and the major themes were extracted. The priority areas of health and wellbeing recommended for regular collection include obesity and its determinants, pregnancy and breastfeeding, oral health, injury, social and emotional health and wellbeing, family environment, community, health service utilisation, illness, and socioeconomic position. Population policy questions for each area were identified.

Conclusion
In contrast to previous population survey programs nationally and internationally, this study sought to extract contemporary policy-oriented domains for inclusion in a strategic program of child health data collection, using a stakeholder consultation process to identify key domains and policy information needs. The outcomes are a rich and relevant set of recommendations which will now be taken forward into a regular statewide child health survey program.

Physical activity, emotional stress, sleep disturbances, and daily fluctuations in chronic fatigue symptomatology

The current study explored the relationships between physical and emotional stress and the symptomatology of chronic fatigue syndrome (CFS). Fifty-four CFS patients were studied using a longitudinal design. A self-report format was used to collect daily measures of major physical (sleep disturbance and physical activity) and emotional (subjective emotional stress level) stressors, as well as measures of levels of fatigue and secondary symptoms. The variables accounted for a moderate variance at the individual and occasion levels. Sleep disturbance and emotional stress were found to be positively associated with levels of fatigue and symptomatology, whereas physical activity was found to have a negative relationship with fatigue only. The severity of fatigue and symptoms were found to fluctuate daily in relation with the variables, indicating the complex nature of the associations.

Pressure injury: an exploration of the relationship between risk factors and interface pressure

Pressure injuries are a serious risk for patients admitted to hospital and are thought to result from a number of forces operating on skin tissue (pressure, shear and friction). Most research on interface pressure (IP) has taken place using healthy volunteers or mannequins. Little is currently known about the relationship between pressure injury risk and IP for hospital patients. This relationship was investigated with a sample of 121 adult hospital patients. Pressure injury risk was evaluated using the Waterlow Risk Assessment Tool (WRAT) and IP was measured at the sacrum using a Tekscan ClinSeatTM IP sensor mat. Other factors considered were body mass index (BMI), blood pressure, reason for hospital admission, comorbidities and admission route to hospital. Patients were classified according to WRAT categories (‘low risk’, ‘at risk’, ‘high risk’, ‘very high risk’) and then remained still on a standard hospital mattress for 10 minutes while IP was measured. Participants in the ‘low risk’ group were significantly younger than all other groups (p<0.001) and there were some group differences in BMI. IP readings were compared between the ‘low risk’ group and all of the participants at greater risk. The ‘low risk’ group had significantly lower IP at the sacrum on a standard hospital mattress than those at greater risk (p=0.002). Those at greater risk tended to have IP readings at the low end of the compromised IP range. This study is significant because it describes a new, clinically relevant methodology and presents findings that challenge clinician assumptions about the relationships between pressure injury risk assessment and IP.