• Title/Summary/Keyword: physical evidence

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The Development on Medical Malpractice Lawsuit and its Burden of Proof (의료과오소송 입증책임론의 전개와 발전)

  • Shin, Eun-Joo
    • The Korean Society of Law and Medicine
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    • v.9 no.1
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    • pp.9-56
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    • 2008
  • The medical practice does not always get a satisfatory result since the disease progress of patients are depended on patients' physical constitution and the doctors cannot control the outcomes about patients' physiological and biological reaction after the treatment. Moreover, the medical practice may bring wrong result fatalistically because of the unpredictablility of life. To demand for compensation of the damage to the doctors about these wrong result, the patient side holds the burden of proof that is between medical practice and demage, and there is damage from doctor's malpractice according to the accepted theory about the fundamental principle of distribution of the burden of proof. This falls not only under the liability of Tort Law, but also liability of Contract Law. However, the patient may be in difficult situation to prove the malpractice of doctors since he or she cannot recognize the facts because he or she was in unconscious while the medical practice was conducted, or they cannot judge precisely even though they recognize the facts. Nevertheless, the lawsuits against medical malpractice are the field that never achieves the equality of arms since the most of the evidence belong to the doctor's side. Hence, to maintain the principle of the equality of arms under the constitution, the theory leads to alleviate the burden of proof that patients hold. However, the doctors cannot be asked for the burden of proof that they conduct medical practice without errors. Because the doctors may experience difficulty to prove their innocence as the patients because of the unique characteristic that medical practices have. Therefore, the methods of the alleviation of the patient's burden of proof should have the equality of arms and the equal opportunity between the patients and the doctors with the evaluation of the justifiable interest from both the patients and the doctors. As the methods of the alleviation of the burden of proof, the alleviation of the demands and the degree of the burden of proof or resolutely the conversion of the burden may be considered. However, Recognizing the exception from general principle with converting the burden of proof is not proper in principle because the doctors may experience difficulty of the proof as the patients may have. If the difficulty of proof can be resolved by alleviating of the demands and the degree of the burden of proof, it is more desirable resolution rather than converting the burden of proof.

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Diagnosis of Spinal Arachnoid Cyst using Magnetic Resonance Imaging in a Dog (개에서 자기공명영상을 이용한 척추부 지주막 낭종의 진단)

  • Shin, Chang-ho;Kim, Young-ki;Hwang, Tae-sung;Yoon, Young-min;Jung, Dong-in;Yeon, Seong-chan;Lee, Hee-chun
    • Journal of Veterinary Clinics
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    • v.32 no.5
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    • pp.464-468
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    • 2015
  • A 6-year-old, intact male maltese was presented with hindlimb ataxia of 4 day duration. Physical and neurological examinations revealed a bright, alert, and responsive dog, with no evidence of cranial nerve deficits, conscious proprioceptive deficits. Spinal reflexes of the hind and forelimbs were normal. Patellar, cranial tibial, and withdrawal reflexes were normal. Pain could not be elicited on manipulation of the neck or palpation of the spinal column. Survey radiographs of the vertebral column were unremarkable. Computed tomography (CT) scans in the transverse plane were performed. The results of CT imaging were unremarkable. Magnetic resonance imaging (MRI) in both sagittal and transverse planes was performed. The extent of the lesion was 25 mm in length by 4 mm in thickness. The spinal cord was deviated ventrally and appreared thinner. On T1-weighted and FLAIR images, a discrete hypointense lesion dorsal to the spinal cord was observed at L1-2 which was contiguous with the subarachnoid space. On T2-weighted images, this region was hyperintense, consistent with a fluid-filled structure. The signal intensity of the cysts was equivalent to cerebrospinal fluid (CSF). Surgical treatment involving dorsal laminectomy had successful outcomes.

Diagnosis and Management of Lymphoplasmacytic Rhinitis in a Cat (림포형질세포성 비염에 이환된 고양이의 진단과 치료)

  • Kang, Min-Hee;Park, Hee-Myung
    • Journal of Veterinary Clinics
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    • v.28 no.4
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    • pp.438-441
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    • 2011
  • A 7-year-old castrated, domestic shorthair cat was presented with a 2-year history of chronic nasal discharge and sneezing. Upon presentation, bilateral mucopurulent nasal discharge and stertorous respiration were marked. Physical examination revealed a tachypnea. Oral examination was unremarkable and chest radiology was normal. Findings of nasal cytology and skull radiology were not specific and further imaging technique, endoscopic examination and histopathology was performed for a definite diagnosis. Fluid, and/or soft tissue opacity was found in bilateral nasal cavity, nasopharyngeal regions and right side tympanic bulla through the CT scan. No evidence of neoplasia was revealed. A rigid rhinoscopy, flexible bronchoscopy and otoscopy was used for the visualization of the lesions and tissue biopsy biopsy was performed for histopathology. On histopathological examination, the nasal mass consisted mainly of large numbers of plasma cells and lymphocytes. And the final diagnosis was lymphoplasmacytic rhinitis based on histopathologic examination. Long term management with oral cyclosporine (5 mg/kg, BID) was safe and successful in this cat. This is the first case report described clinical and diagnostic characteristic features of feline lymphoplasmacytic rhinitis and its clinical outcome using oral cyclosporine in Korea.

Child Nutrition Survey in Rural Health Project Areas (농촌보건사업지역(農村保健事業地域)의 아동영양(兒童營養) 실태조사(實態調査))

  • Park,, Myung-Yun;Jang, Young-Ja;Seo, Jung-Sook;Mo, Su-Mi
    • Journal of Nutrition and Health
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    • v.13 no.1
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    • pp.15-26
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    • 1980
  • The main purposes of the nutrition and clinical surveys were to provide baseline information on the nutritional status of pre-school children in rural health demonstration project areas of the Korea Health Development Institute (KHDI) for nutrition guidance services for the MCH target group. The survey covered a total of 222 pre-school children and 135 mothers in Okgu Gun, Cholla Pukto Province from August 10 to August 17, 1979. The survey results are summarized as follows: 1) Family Environment Seventy percent of the households had more than three children, and the mean family sire was 6. Sixty-nine percent of the mothers and 47% of the fathers of the surveyed households were educated at or below the primary school level. The majority, 70% of the mothers, were aged between 20 years and 35 years. 2) Anthropometric Measurements and Hemoglobin Value 4.5% of the children were lower than 80% weight for age of the Korean standard, and 5.4% were lower than 85% arm circumference for age of the Jelliffe's standard resectively, and those were suffering from protein-energy malnutrition. Angular stomatitis were observed on 66.2% of the subjects. Mean hemoglobin value was 11.1g/100m1, and 44.2% of the subjects were categorized as anaemia. 3) Food and Nutrient Intake of animal foods was very low, ranging from 2.9 to 17%. Consumption of eggs was less than 2% of total food intake, and intake of legumes was also very scanty, between 0.8 to 3.7%. These data present evidence of very poor protein intake, quality as well as quantity. Energy intake of children was 60.0 to 64.4% of the recommended allowance, and mean protein intake only met 47.4% of the recommendation. Low intake of vitamins except thiamin were also found. 4) Mother's Nutrition Knowledge Eighty-five percent of the mothers were entirely ignorant regarding the 'five basic food group' which is most important fact on food and nutrition guidance. Mean knowledge score from 14 basic questions about food and nutrition was as low as 5.1. There was a significant positive correlation between mother's educational level and nutrition knowledge score. 5) Family Planning Variable There were significant correlation among maternal, family planning variables, and some of the nutritional and physical measurements. The study revealed that the mother's educational level and nutrition knowledge score are more crucial factors than the family planning variables on effecting food intakes on children. Recommendation : According to the results of the surveys, there were high incident rates of nutritional anaemia and angular stomatitis among pre-school children, and most of rural women had very limited knowledge about food and nutrition. As a main part of the health education activities, the community health workers should provide nutrition education to the village mothers to improve the nutrional status of young children in rural areas. Nutrional promotion at the primary health care level should be mainly based on appropriate nutrition education.

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Evidence for Hydrothermal Plume in Manus Basin, SW Pacific: Distribution of Transparency and Hydrogen Sulfide (남서태평양 마누스분지 해역의 열수 plume 증거: 투명도 및 황화수소 분포)

  • Lee, Kyeong-Yong;Park, Yong-Chul;Son, Seung-Kyu
    • The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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    • v.5 no.4
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    • pp.363-373
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    • 2000
  • To understand and investigate chemical characteristics of thermal environment in the southwestern Paciflc, we have measured hydrological and chemical parameters such as temperature, salinity, transparency, pH, nutrients and hydrogen sulfide (H$_2$S). Samples were collected with CTD-casting at 12 station, in Manus Basin including PACMANUS, DESMOS and Susu Knolls, Hydrothermal systems consist of circulation zones where seawater interacts with rock, thereby changing chemical and physical characteristics of both the seawater and the rock. The altered seawater, called hydrothermal fluid, is injected back into the ocean from the hydrothermal vent fields and forms hydrothermal plumes. Consequently, we detected hydrothermal plume with transparency and sulfide anomalies at PACMANUS and Susu Knolls. Sulfide, as geochemical tracer of hydrothermal plume, ranged 0-3.31 ${\mu}$M, and averaged 0.63 ${\mu}$M in the study area. The height, flux and activity of the plume are affected by circulations in the deep water and the spread of plume follows along the isopycnal surface. Therefore the observed H$_2$S anomaly can provide important clue for the source location and it appears that the targestsource in the PACMANUS is aligned in the north-south direction.

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Effects of Emotional Information on Visual Perception and Working Memory in Biological Motion (정서 정보가 생물형운동자극의 시지각 및 작업기억에 미치는 영향)

  • Lee, Hannah;Kim, Jejoong
    • Science of Emotion and Sensibility
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    • v.21 no.3
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    • pp.151-164
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    • 2018
  • The appropriate interpretation of social cues is a crucial ability for everyday life. While processing socially relevant information, beyond the low-level physical features of the stimuli to emotional information is known to influence human cognition in various stages, from early perception to later high-level cognition, such as working memory (WM). However, it remains unclear how the influence of each type of emotional information on cognitive processes changes in response to what has occurred in the processing stage. Past studies have largely adopted face stimuli to address this type of research question, but we used a unique class of socially relevant motion stimuli, called biological motion (BM), which depicts various human actions and emotions with moving dots to exhibit the effects of anger, happiness, and neutral emotion on task performance in perceptual and working memory. In this study, participants determined whether two BM stimuli, sequentially presented with a delay between them (WM task) or one immediately after the other (perceptual task), were identical. The perceptual task showed that discrimination accuracies for emotional stimuli (i.e., angry and happy) were lower than those for neutral stimuli, implying that emotional information has a negative impact on early perceptual processes. Alternatively, the results of the WM task showed that the accuracy drop as the interstimulus interval increased was actually lower in emotional BM conditions than in the neutral condition, which suggests that emotional information benefited maintenance. Moreover, anger and happiness had distinct impacts on the performance of perception and WM. Our findings have significance as we provide evidence for the interaction of type of emotion and information-processing stage.

Genomic and Proteomic Analysis of Microbial Function in the Gastrointestinal Tract of Ruminants - Review -

  • White, Bryan A.;Morrison, Mark
    • Asian-Australasian Journal of Animal Sciences
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    • v.14 no.6
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    • pp.880-884
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    • 2001
  • Rumen microbiology research has undergone several evolutionary steps: the isolation and nutritional characterization of readily cultivated microbes; followed by the cloning and sequence analysis of individual genes relevant to key digestive processes; through to the use of small subunit ribosomal RNA (SSU rRNA) sequences for a cultivation-independent examination of microbial diversity. Our knowledge of rumen microbiology has expanded as a result, but the translation of this information into productive alterations of ruminal function has been rather limited. For instance, the cloning and characterization of cellulase genes in Escherichia coli has yielded some valuable information about this complex enzyme system in ruminal bacteria. SSU rRNA analyses have also confirmed that a considerable amount of the microbial diversity in the rumen is not represented in existing culture collections. However, we still have little idea of whether the key, and potentially rate-limiting, gene products and (or) microbial interactions have been identified. Technologies allowing high throughput nucleotide and protein sequence analysis have led to the emergence of two new fields of investigation, genomics and proteomics. Both disciplines can be further subdivided into functional and comparative lines of investigation. The massive accumulation of microbial DNA and protein sequence data, including complete genome sequences, is revolutionizing the way we examine microbial physiology and diversity. We describe here some examples of our use of genomics- and proteomics-based methods, to analyze the cellulase system of Ruminococcus flavefaciens FD-1 and explore the genome of Ruminococcus albus 8. At Illinois, we are using bacterial artificial chromosome (BAC) vectors to create libraries containing large (>75 kbases), contiguous segments of DNA from R. flavefaciens FD-1. Considering that every bacterium is not a candidate for whole genome sequencing, BAC libraries offer an attractive, alternative method to perform physical and functional analyses of a bacterium's genome. Our first plan is to use these BAC clones to determine whether or not cellulases and accessory genes in R. flavefaciens exist in clusters of orthologous genes (COGs). Proteomics is also being used to complement the BAC library/DNA sequencing approach. Proteins differentially expressed in response to carbon source are being identified by 2-D SDS-PAGE, followed by in-gel-digests and peptide mass mapping by MALDI-TOF Mass Spectrometry, as well as peptide sequencing by Edman degradation. At Ohio State, we have used a combination of functional proteomics, mutational analysis and differential display RT-PCR to obtain evidence suggesting that in addition to a cellulosome-like mechanism, R. albus 8 possesses other mechanisms for adhesion to plant surfaces. Genome walking on either side of these differentially expressed transcripts has also resulted in two interesting observations: i) a relatively large number of genes with no matches in the current databases and; ii) the identification of genes with a high level of sequence identity to those identified, until now, in the archaebacteria. Genomics and proteomics will also accelerate our understanding of microbial interactions, and allow a greater degree of in situ analyses in the future. The challenge is to utilize genomics and proteomics to improve our fundamental understanding of microbial physiology, diversity and ecology, and overcome constraints to ruminal function.

A study of the distribution of glass particles on patrol car seats (순찰차량 시트에서 유리조각의 분포 연구)

  • Kim, Mihye;Ko, Gangseok;Kim, Sookyung;Hong, Sungwook
    • Analytical Science and Technology
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    • v.29 no.3
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    • pp.136-141
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    • 2016
  • In the present study, the distribution of glass particles inside 10 patrol cars of Chungnam Province has been studied. The target seats were front seats (driver’s seat, passenger’s seat) and the back seat. The target areas were the bottom of the seat (seat contacting buttocks, back of the seat, and the corner of the seat (the bottom and back attached part)). The target areas were tape lifted with an adhesive tape. The glass particles adhering to the adhesive tape were examined and counted under a stereomicroscope. The total number of glass particles found was 679. Among them, 471 (driver’s seat 293, passenger seat 178) were collected from front seats, which are usually occupied by police officers. The majority of glass particles were under 0.49 mm size. The results show that the majority of glass particles can be found on the front seats, rather than on the back seat. There is a high probability that glass particles found on the front seat adhere to police officers, so that to get further transferred to the convict upon physical contact (secondary transfer). Thus, there is a risk of misinterpretation of the value of glass evidence in the course of forensic examinations. Hence, a separate method to prevent cross contamination has to be prepared by police authorities as soon as possible.

The Effect of Coffee Shop's Servicescape on the Customer Loyalty - Focused on Jeonju Area (커피전문점의 서비스스케이프가 고객충성도에 미치는 영향 - 전주 지역을 중심으로)

  • Shen, Xiangdong;Bae, Byung-Ryul
    • The Journal of Industrial Distribution & Business
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    • v.9 no.3
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    • pp.89-98
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    • 2018
  • Purpose - Despite the global economic crisis, the numbers of coffee shops used for providing a place for social and cultural interactions show an upward trend and have become an indispensable part in people's daily life in recent years. Under the circumstance of tremendous efforts of searching new management strategies and projects, the concept of servicescape(which has physical environment characteristics) may provide a better alternative. Therefore, the purpose of this study can be broadly divided into 3 key points. First is to investigate the effects of servicescape on customer satisfaction, service value and customer loyalty about Coffee Shops in Jeonju area. Second is to examine the mediating effect of customer satisfaction and service value between servicescape and customer loyalty. Third, there is evidence that indicates the moderating effect among the interaction of customer and staff, brand image and the composition of servicescape, customer satisfaction, service value and customer loyalty. Research design, data, and methodology - This study begins empirical research about users of coffee shops' services. The data of the study is collected from 285 samples of a questionnaire which has been made from Korea and analysed by IBM SPSS 24.0 and IBM AMOS 24.0. Results - The results are reported below: First of all, the composition of condition, functionality, cleanliness and aesthetic characteristics of the servicescape has a significant impact on customer satisfaction and service value. Furthermore, customer satisfaction is identified as a factor to influence service value. Moreover, customer satisfaction and service value are identified as the causal relationship with customer loyalty. Besides, customer satisfaction and service value illustrated the mediation effect between the composition of servicescape and customer loyalty. Finally, the interaction between customer and staff, brand image illustrates the moderated effect. Conclusions - The composition of servicescape contributes to the formation of customer satisfaction and enhancing the customer's perceived service value in coffee shops. By meeting diverse and complex needs of consumers in coffee shop, the service value will not only attract loyal customers, but also increase customer loyalty and profitability. In a word, managers should rely on servicescape to enhance service experience by making differences with other competitors.

Correlates of life satisfaction in the Elderly : Systematic Review and Meta-analysis (노인의 생활 만족도 영향 요인: 체계적 문헌고찰 및 메타분석)

  • Mo, Jin-A;Lee, Kyung-Hee
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.1
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    • pp.517-526
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    • 2018
  • The purpose of this study is to provide convenience to the senior center staff and policy makers through a research of "Life satisfaction" in the senior centers with a systematic review and meta-analysis of the considerations of the elderly, published in foreign journals for the past 10 years. We searched published studies in the Medline Complete, Pub-med central and Scopus databases from January 2007 to November 2017. The main key words used "Elderly AND(And OR aged) AND Personal Satisfaction/ or life satisfaction" and out of 595 searched articles a total of 6 studies were selected. After qualitative analysis of the contents of the study, meta - analyzes were conducted for factors with more than three quantitative values. The factors affecting life satisfaction of the elderly were physical health (pooled effect size 0.582, p = .000), mental health (pooled effect size 0.423, p = .000), economic problems (r = .51, p =. 001), social activities, and daily living. It is expected that this study which provides an understanding of life satisfaction of the elderly would contribute to provide general information for developing social consensus on the employment in the super aging society should help improve the quality of welfare facilities for senior citizens in the future.