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Scottish prosecutors keeping quiet about Lanarkshire surgical deaths

July 26, 2018 · Uncategorized · (No comments)

Wednesday, February 22, 2012

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Crown Office are staying quiet about possible prosecutions after an inquiry found medical failures caused three deaths at NHS Lanarkshire.

In response to a specific question as to the possibility of prosecutions, a Crown Office spokesperson told Wikinews today that “The three deaths were fully investigated by the Procurator Fiscal and reported to Crown Counsel [laywers] to consider. Crown Counsel concluded that, given the facts and circumstances of the deaths, a Fatal Accident Inquiry (FAI) was the appropriate forum to consider the circumstances of the deaths.” It was further noted that “[a] FAI cannot make any findings of fault/blame against individuals.”

However, Crown Office did not specifically rule out prosecutions for offences such as cuplable homicide despite the spokesperson noting this was a direct response to such a question. They also declined to comment on National Health Service care as “it would not be appropriate to comment on the provision of NHS services” and entirely ignored questions about Crown Office satisfaction in the inquiry’s outcome and the length of time it took to reach a conclusion. The inquiry wrapped up last week but the deaths were in 2006.

Agnes Nicol, George Johnstone, and Andrew Ritchie died within a three-month period following keyhole surgery to remove their gall bladders.

Later expanded to look at all three deaths, the inquiry initially established to look into the case of Nicol, 50, who received surgery in late 2005. A surgeon at Wishaw General Hospital mistakenly cut her bile duct and her right hepatic artery. Whilst suturing her portal vein, her liver was left with 20% of its normal blood supply; the errors were not discovered until her transfer to liver specialists at Edinburgh’s Royal Infirmary.

By then, her liver was seriously damaged. She developed septicaemia, dying from multiple organ failure in March 2006.

Johnstone, 54, underwent the same procedure at Monklands District General Hospital on May 9, 2006. A consultant surgeon accidentally damaged, possibly severing, his bile duct. He died two days later in intensive care from the combined effects of multiple organ failure and a heart ailment.

Ritchie, 62, died in intensive care a week after an operation in June 2006. He died from intra abdominal haemorrhage caused by errors during the surgery.

Different surgeons were involved each time and the inquiry, under Sheriff Robert Dickson, found no evidence of poor training or inadequate experience. Dickson noted that in each case there was lack of action on a “growing body of evidence that there was something fundamentally wrong with the patient” and surgeons failed to contemplate their own actions as potentially responsible. He agreed with two professors that it may have been possible to save their lives “had the post-operative care been to the standard which they expected, and had there been a proper management plan which staff could have worked to” and noted that all the patients suffered from a lack of adequate medical notes being available after their surgery. He described the care as having “clear faults”.

NHS Lanarkshire apologised and said improvements had been made regarding “these types of cases” as well as with document management. Wikinews got in touch seeking details of the changes made but the health trust failed to respond.

Real Estate Contract Contingencies What You Need To Know}

July 26, 2018 · Electrical Services · (No comments)

Here’s An Opinion On:

Real Estate Contract Contingencies – What You Need to Know

Pat Perkins

What Are Contingencies in a Real Estate Contract?

A contingency is a formal clause in a real estate contract that enumerates particular conditions that must be met by either the buyer or the seller in order for the principals to proceed to the next step in the contract. Found in every offer-to-purchase or sell contract, contingencies protect the interests of both buyers and sellers. Failure to meet a particular contingency can result in breach of contract and possible penalties to the party at fault.

Basic Contingencies in Real Estate Contracts

Contingencies are divided into categories according to their purpose: (1) protection for the seller (2) protection for the buyer and (3) mutual protection of both buyer and seller. Most real estate contracts contain two universal contingencies: a mortgage contingency and a home inspection contingency.

Mortgage Contingency – The mortgage contingency stipulates that the buyer will make every effort to obtain a mortgage for a particular amount, at a prevailing interest rate within a specified period of time. If the buyer succeeds in obtaining a mortgage as described, the mortgage contingency is said to be removed. If the buyer fails to obtain a mortgage, the contingency is unmet and the buyer may withdraw from the contract without penalty. A mortgage contingency therefore protects the interests of the buyer by releasing him from the contract to purchase if financing is unavailable.

Home Inspection Contingency – This contingency protects the buyer because it allows the buyer to withdraw from a contract without penalty, including the return of any deposits made, if the home inspection reveals the house to be unsuitable because of issues like material defects, significant termite damage or dangerous electrical wiring. If the issues discovered are fixable, the buyer has the right to negotiate the repairs he wants with the seller. In turn, the seller may agree to repair everything, a few things or in some cases, even refuse to make any repairs. If agreement on repairs cannot be reached, the contingency cannot be removed and the contract becomes null and void.

Other Common Contingencies

There can be as many contingencies in real estate contracts as there are needs of buyers and sellers. Even though most contracts are boiler-plate, it is more common than not for additional contingencies to be added depending on the protections needed by the principals. In some states it is perfectly acceptable for the real estate agent representing the principal to add contingencies as needed. In other states, only an attorney can add a contingency.

Attorney Review Contingency – One of the contingencies most commonly added by real estate agents is a 24-hour attorney review. This means that after the contract has been signed by both the buyer and seller, the buyers attorney has 24 hours to go over the contract and approve it before it becomes official. An attorney review insures the legality of a contract, an important safeguard for both buyer and agent, especially in states where agents may add contingencies as needed.

Sale of Buyers Home Contingency Agents refer to these contingencies as Hubbards. A Hubbard can be used effectively in any type of market; however, they are used more often in a slow market than a normal market. A Hubbard contingency allots the buyer a specified period of time to sell his/her current home before buying the new one. If the buyers current house does not sell within the stipulated time (usually 2-3 months) and the buyer does not want to buy the new house without the sale of his/her old home, the contract to purchase the new house is voided without penalty. This protects the buyer from becoming over-leveraged by owning two homes at once.

There is a caveat, however, that provides some protection for the seller. During the period allotted to the buyer for the sale of his/her home, the seller may continue to market the home on which the Hubbard contingency has been placed. If the seller receives a second offer from another buyer that is more attractive than that constrained by the Hubbard, the seller is free to accept the second offer if the first offeror, after being notified, does not want to proceed to closing.

Reverse Hubbard This contingency gives the seller a specified period of time to locate a new home after an offer to purchase has been accepted. If a suitable home is not found, the seller may withdraw from the contract without repercussions. Just like buyers, most sellers prefer to sell the home they are in before buying another. If sellers have no pressing need to sell and a substitute home that they like cannot be found, they may decide not to sell at all.

Miscellaneous Contingencies

Contingencies can be as varied as the circumstances require. For example, suppose you are a buyer and you find a nearly perfect home except it lacks the in-ground pool on which you had your heart set. You wouldnt mind installing the pool yourself after purchasing the house, but you have no idea if the backyard is large enough to accommodate a pool that would meet all the town requirements of setbacks from the road and from adjoining properties. Your agent or attorney can write a contingency into your offer to purchase that allows you a specified time to investigate the feasibility of installing a pool and permits you to withdraw from the contract should the yard not accommodate a pool.

Contingencies from buyers can include anything from asking a seller to remove a deteriorating shed to installing a new septic system. Similarly, sellers will sometimes present their own contingencies in their offers to sell like asking buyers to allow them to store, for a specific period of time, a second automobile on the property after the sale or making the offer to sell contingent on closing by a particular date.

There are two main points to remember when using contingencies in purchase and sale contracts. First, multiple or unreasonable contingencies by either buyer or seller tend to weaken the position of each. Sellers should require as little as possible from buyers to avoid turning them off and buyers run the risk of having their offers refused if the contingencies are perceived by sellers as off-putting.

The second point to remember is to work with an experienced and licensed real estate agent and a local real estate attorney to ensure that the contract protects your interests. Once you have secured a tight, tidy contract you can relax knowing that your rights are protected.

Pat Perkins is a copywriter for Yodle Local, a

business directory

an online advertising company. Find more

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tips and info at yodle local.

Real Estate Contract Contingencies – What You Need to Know

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Real Estate Contract Contingencies – What You Need to Know}

Haitian earthquake: in pictures

July 26, 2018 · Uncategorized · (No comments)

Friday, January 15, 2010

Haiti was hit by a heavy earthquake with a magnitude of 7.0 on Tuesday, killing an unknown number of people, and destroying up to ten percent of buildings in the capital, Port-au-Prince.

No official death toll has been released as of yet, although the United Nations says that up to fifty thousand people may potentially have been killed. An estimated 300,000 more were left without homes.

In a special photo report, Wikinews looks at the extensive damage caused by the disaster.

To find more information about a certain image or to enlarge it, click it. For an in-depth textual report on the same subject, please see Haiti relief efforts: in depth.

A map indicating the strength of the earthquake, with redder areas being harder hit. The star indicates the epicentre.
Another graphical representation of the earthquake’s epicentre. As can be seen, it is very close to the capital, which is home to over an estimated 2.5 million people.
Downtown Port-au-Prince from a bird’s-eye perspective. Only a few buildings remain completely intact, most have been either damaged or completely leveled. Image: UNDP.
Another aerial image of downtown. Rubble lines the city streets. Image: UNDP.
Makeshift tents set up in a city square. Image: UNDP.
A man exits a restaurant after looking for his belongings. Image: UNDP.
The national palace, housing Haitian president Rene Preval, sustained serious damage. Both the president and his wife, however, survived the earthquake. Image: UNDP.
Another shot of the presidential palace. Image: UNDP.
Makeshift tents are set up at a soccer field, one of the few areas free from debris
A poor neighbourhood in the capital. Again, most buildings have collapsed or sustained significant damage. Image: UNDP.
The Hotel Montana, once five storeys tall, now lies in a collapsed heap in Port-au-Prince. Image: UNDP.
Port-au-Prince harbour after the deadly earthquake. The port was too damaged to receive cargo from aid ships sent to the country.
A shipping container floating in the waters near the seaport.
More damage caused to the seaport
Two US Coast Guard 270-foot cutters sit offshore of Haiti, ready to provide humanitarian aid to the earthquake-ravaged country. However, they had no place to dock since the port was inoperable
An aerial view of the seaport. Note the cargo containers floating out at sea and lopsided cranes.
The UN’s Haitian headquarters were heavily damaged by the earthquake; many UN officials are feared trapped under the rubble.
View of the UN headquarters, from a different angle
The US Coast Guard evacuating US personnel from Haiti by a Hercules C-130 airplane.
Haitian civilians receiving assistance in a makeshift camp set up by the Brazilian Army in Port-au-Prince Image: Agencia Brasil.
Brazilian soldiers in the camp giving medical aid to victims Image: Agencia Brasil.
Another shot of the impromptu camp Image: Agencia Brasil.
Brazilian Defense Minister Nelson Jobim and Commander of the Army Enzo Peri board a Brazilian Air Force plane headed to Haiti, to join relief efforts Image: Agencia Brasil.
United Nations Stabilization Mission in Haiti (MINUSTAH) peacekeepers trying to find survivors in the wreckage of a building Image: UNDP.
MINUSTAH members loading an injured person aboard a lorry
US Coast Guard delivering medical supplies by boat
A US Coast Guard member giving a small child a bottle of water in Port-au-Prince
US Army Lieutenant Colonel Hector Paz carrying an injured girl to receive medical treatment after being evacuated from Port-au-Prince
A small boy receiving medical treatment by MINUSTAH members at their logistics base Image: UNDP.
A body pulled out from the rubble of a school that collapsed after the earthquake Image: UNDP.
Another body being pulled out of the school Image: UNDP.
US president Barack Obama in the White House Situation Room, discussing response to the disaster

Saturday, February 5, 2005

A collaboratively-developed operating system kernel known as GNU Hurd has been made bootable using the L4 microkernel, which provides room for significant speed improvements over an existing implementation using the Mach microkernel. The newer architecture also has a more lively developer community.

Developer Marcus Brinkmann made the historic step and finished the process initialization code, which enabled him to execute the first software on Hurd-L4. In a message to the L4 port of GNU Hurd mailing list, Brinkmann wrote, “We can now easily explore and develop the system in any way we want. The dinner is prepared!”. [1] However, the kernel’s current feature set is very limited. “With my glibc port, I can already build simple applications, but most won’t run because they need a filesystem or other gimmicks (like, uhm, fork and exec), and I only have stubs (dummy functions which always return an error) for that now,” he added in a later posting. [2]

Compared with Linux and BSD Unix’s monolithic kernel architecture, a microkernel based operating system provides developers greater modularity and isolation from hardware, a big win with L4 already being available for a large number of hardware varieties.

There is a cost in speed for such abstraction, and this cost was higher on Mach, at around 15%, compared with only around 5% on L4 and it’s predecessor L3, both developed by Dr. Jochen Liedtke. [3]

The greater modularity and abstraction of a microkernel approach means that the microkernel itself does not need constant modification as is seen in the Linux kernel today, since it provides only the very minimum of services, and does so very carefully. Thus, the fact that L4 was developed in 1996 is seen as exemplifying this stability — rather than showing its age — since few, if any, improvements in approach have been imagined in the meantime.

However, the Mach kernel first developed ten years earlier at Carnegie Mellon University is seen as a flawed first implementation, with the lessons learned being implemented in microkernels like L4, known as second-generation microkernels.

The GNU Hurd forms the base of the GNU operating system, much of which has been widely adopted by users of other Unix-like operating systems, including Linux. The GNU Project has been developing the Hurd since 1983. In 1990, the GNU Project decided to use the Mach kernel, rather than writing their own. [4] The Hurd is released as free software under the GNU General Public License (GPL).

The Hurd kernel is an experiment which aims to surpass existing Unix kernels in functionality, security, and stability, while remaining largely compatible with them. It currently runs on Intel IA32 machines. According to the GNU Hurd project, “The Hurd should, and probably will, be ported to other hardware architectures or other microkernels in the future” [5].

`Hurd’ stands for `Hird of Unix-Replacing Daemons’. And, then, `Hird’ stands for `Hurd of Interfaces Representing Depth’ – perhaps the first software to be named by a pair of mutually recursive acronyms.

A limited port of Linux already runs on L4, known as L4Linux.