Thesis (MSocSci(Social Work and Criminology))-University of Pretoria, 2008. / Includes bibliographical references.

The Florida Birth-Related Neurological Injury Compensation Act has been the subject of intense scrutiny regarding its efficacy, constitutionality, and ethical implications, specifically as it relates to the widespread practice of patients agreeing to its terms prior to providing them with prenatal care. This research investigates the potential unconstitutionality of the Neurological Injury Compensation Association (NICA) as an exclusive remedy, questioning the legality of the bill under the Fourteenth Amendment due to potential violations of patient rights to litigation. Through a comprehensive analysis of relevant case and statutory laws as well as secondary sources, this paper addresses the ethical and legal dilemmas posed by NICA's imposition on patients and providers alike. Additionally, it addresses the widely debated relevance and necessity of NICA, given the ineffectiveness in achieving intended objectives and the mounting backlog of claims, raising fundamental questions about governmental delegation of power to non-governmental entities, and the erosion of patients' rights to seek recourse for medical malpractice. This research also examines the issue of informed consent within NICA, highlighting that many expectant mothers are pressured into accepting the program without a clear understanding of its ramifications. Healthcare providers often fail to adequately inform patients about their legal rights and the restrictions that NICA imposes, which fundamentally undermines ethical medical practice and patient autonomy. This lack of transparency raises questions about whether healthcare systems prioritize administrative efficiency and legal protections for providers over the welfare of patients. Furthermore, the study investigates how NICA disproportionately affects vulnerable populations, who may lack the resources or legal knowledge necessary to effectively navigate the system. This paper contends that the structural flaws in NICA have implications that extend beyond its exclusivity, impacting overall healthcare accountability. By eliminating the possibility of pursuing traditional malpractice claims, NICA diminishes the deterrent against negligent medical practices, allowing providers to evade full responsibility for their actions. The research proposes reforms that would transform NICA from an exclusive remedy into an optional alternative, thereby granting families the choice to pursue the legal avenues that best meet their needs while ensuring accountability in healthcare. These suggested changes aim to align the program with constitutional standards, protect patient rights, and establish a more equitable and effective system for addressing birth-related injuries.

Univ., Diss.--Freiburg (Breisgau), 1996.

A serious problem confronts the psychologist whose patient threatens, within the privacy of a therapy session, to inflict violent harm upon some third person. Therapists in Texas face a risk of unjust legal liability because of a lack of widely accepted, clearly and fully articulated standards. A questionnaire was submitted to Texas psychologists and Texas judges of mental illness courts. It involved a hypothetical case of a patient who threatened to kill his girlfriend. The hypothesis that no consensus exists at present among psychologists or judges appears to be supported by the data. Comparisons are made of the attitudes of psychologists and judges. Correlations between psychologist attitudes and certain demographic and practice variables are reported. The need for new legislation in Texas concerning legal liability of therapists for the violent behavior of patients is discussed. Proposed legislation for Texas is set out. Among its important features are (1) recognition that continued therapy is itself a protective strategy and (2) establishment of good faith as the standard by which the behavior of the therapist is to be judged.

The available sources on the dependency action in South Africa do not mention the presence or absence of traditional values. This study was prompted by a simple curiosity to discover the traditional legal values of the dependency action for loss of support. Accordingly, the study critically examines the action of dependants for loss of support and other related losses in South Africa, Botswana and Lesotho from an African perspective. It then compares this to its application in Australia, a country that is known for its recognition and inclusion of indigenous Australian customary law. The study recommends that traditional values should be preserved in the records of the legal system, as it might stimulate a discussion, which could lead to the culmination of a single dependency action tailored to fit the whole nation and all its different cultures and religions. / Private Law