This paper is devoted to a special form of "proving" in civil proceedings. The prima facie evidence is about proving a causal connection with life experience and common knowledge. The term "prima ...facie evidence" appears repeatedly in Swiss literature and case law, but what is meant by it often remains unclear. This paper addresses the open questions about prima facie evidence in Swiss civil procedure: It examines (1) what is meant by it, (2) what exactly is proved by it, (3) how the court forms its conviction, (4) how prima facie evidence is to be classified in the structure of burden of proof, standard of proof, and evaluation of evidence, and (5) what are the consequences for civil procedure.
To compare inverse planning simulated annealing (IPSA) and hybrid inverse planning optimization (HIPO) using dosimetric and radiobiological models, and provide a basis for selecting the optimization ...method for cervical cancer.
This was a retrospective study including 32 patients with radical cervical cancer. Brachytherapy treatment plans were re-optimized using IPSA, HIPO1 (with a locked uterine tube), and HIPO2 (with an unlocked uterine tube). Dosimetric data, including isodose lines, HR-CTV (D
, V
, V
, HI, and CI), and (bladder, rectum, and intestines) D
, D
for organs at risk (OARs) were also collected. Additionally, TCP, NTCP, BED, and EUBED were calculated, and differences were analyzed using matched samples
-test and Friedman test.
Compared with IPSA and HIPO2, HIPO1 had better V
and V
(
< 0.05). Compared with IPSA and HIPO1, HIPO2 had better D
and CI (
< 0.05). The doses to the bladder D
(4.72 ±0.33 Gy)/D
(4.47 ±0.29 Gy) and rectum D
(4.50 ±0.61 Gy)/D
(4.11 ±0.63 Gy) were lower in HIPO2 than in IPSA and HIPO1. EUBEDs for HR-CTV were higher in HIPO1 and HIPO2 than in IPSA by 1.39-1.63%. However, TCPs were not remarkably different among the three plans (
> 0.05). Also, the NTCP for the bladder was lower in HIPO2 than in IPSA and HIPO1 by 13.04% and 16.67%, respectively.
Although the dosimetric parameters of IPSA, HIPO1, and HIPO2 are comparable, HIPO2 provides better dose conformability and lower NTCP. Therefore, HIPO2 is recommended as an optimization algorithm in IC/ISBT for cervical cancer.
The introduction of novel medical technology, such as artificial intelligence (AI), into traditional clinical practice presents legal liability challenges that need to be squarely addressed by ...litigants and courts when something goes wrong. Some of the most promising applications for the use of AI in medicine will lead to vexed liability questions. As AI in health care is in its relative infancy, there is a paucity of case law globally upon which to draw. This article analyses medical malpractice where AI is involved, what problems arise when applying the tort of negligence - such as establishing the essential elements of breach of duty of care and causation - and how can these can be addressed. Product liability under Australian Consumer Law is beyond the scope of this article. In order to address this question, the article: (1) identifies the general problems that black box AI causes in the health care sector; (2) identifies the problems that will arise in establishing breach and causation due to the "black box" nature of AI, with reference to the Civil Liability Act 2002 (NSW) and common law through two hypothetical examples; and (3) considers selected legal solutions to the problems caused by "black box" AI.
The article analyses preparation, key stages, structure, character and the results of the work of XXV World Congress of International Political Science Association «Borders and Margins», held in ...Australia, Brisbane 21 to 25 July 2018. The overview considers the key problems and directions of discussions that took place during the Brisbane`s Congress: borders, frontiers and margins in politics and the world, human right in the era of globalization and nationalism, contradiction of migrations processes, contemporary challenges of liberal democracy and global rise of populism, federalization, tradition and democratic innovation in electoral system of Australia, research methods and approaches in political science, participation of Russian political scientists it the congress. The author considers XXV World Congress of International Political Science Association «Borders and Margins» as a logical stage in its seventy years genesis.
Apesar de ser um conceito amplamente conhecido, os requisitos para a configuração do dano moral em casos concretos continuam sendo controversos na literatura jurídica, no foro e nos tribunais. Na ...caracterização do dano moral e na fixação da sua compensação pecuniária (o quantum) há a influência de três pontos de vista: um que entende que dano moral é caracterizado pelo sofrimento (pretium doloris), outro que vê o dano como lesão a direito da personalidade e uma terceira corrente teórica que entende que o dano moral é presumível e deve-se comprovar o evento danoso e não os sentimentos ruins da vítima (in re ipsa). Mostrou-se, assim, necessário e útil, verificar como a jurisprudência mais recente do Superior Tribunal de Justiça compreende esses requisitos. Para atingir o fim proposto, a pesquisa adotou a metodologia de revisão sistemática da jurisprudência, especificamente recorrendo à análise estatística dos julgados no âmbito das turmas do STJ.
Apesar de ser um conceito amplamente conhecido, os requisitos para a configuração do dano moral em casos concretos continuam sendo controversos na literatura jurídica, no foro e nos tribunais. Na ...caracterização do dano moral e na fixação da sua compensação pecuniária (o quantum) há a influência de três pontos de vista: um que entende que dano moral é caracterizado pelo sofrimento (pretium doloris), outro que vê o dano como lesão a direito da personalidade e uma terceira corrente teórica que entende que o dano moral é presumível e deve-se comprovar o evento danoso e não os sentimentos ruins da vítima (in re ipsa). Mostrou-se, assim, necessário e útil, verificar como a jurisprudência mais recente do Superior Tribunal de Justiça compreende esses requisitos. Para atingir o fim proposto, a pesquisa adotou a metodologia de revisão sistemática da jurisprudência, especificamente recorrendo à análise estatística dos julgados no âmbito das turmas do STJ.
Res nulla loquitur Han, Sora
Women & performance,
05/04/2022, Volume:
32, Issue:
2
Journal Article
Peer reviewed
The concept of res nulla loquitur, the no-thing speaks, is a reformulation of the rule of evidence, res ipsa loquitur, the thing speaks for itself. It is drawn from a careful examination of the ...recorded arrest of Sandra Bland in 2015, and the evidence collected in Texas's subsequent investigation of her death while in custody. Engaging with what remains of Sandra Bland's speech performatively by "listening while you look" (Moten), the article offers a critical reading of the rhetoric of self-evident truth associated with Fourth Amendment jurisprudence on lethal arrest and more recent audio-visual evidence of police use of lethal force against black citizens. To emphasize the sonic dimension of the terrain of struggle with the violence of the word of law, each section is accompanied by sound loops the author created from evidence used by artist, lauren woods, in her exhibit, American Monument (2020). These sounds loops can be accessed at
resnullaloquitur.com
.
Objective
Dosimetric comparison of HIPO (hybrid inverse planning optimisation) and IPSA (inverse planning simulated annealing) inverse and forward optimisation (FO) methods in brachytherapy (BT) of ...breast, cervical and prostate cancer.
Methods
At our institute 38 breast, 47 cervical and 50 prostate cancer patients treated with image-guided interstitial high-dose-rate BT were selected. Treatment plans were created using HIPO and IPSA inverse optimisation methods as well as FO. The dose–volume parameters of different treatment plans were compared with Friedman ANOVA and the LSD post-hoc test.
Results
IPSA creates less dose coverage to the target volume than HIPO or FO: V100 was 91.7%, 91% and 91.9% for HIPO, IPSA and FO plans (
p
= 0.1784) in breast BT; 90.4%, 89.2% and 91% (
p
= 0.0045) in cervical BT; and 97.1%, 96.2% and 97.7% (
p
= 0.0005) in prostate BT, respectively. HIPO results in more conformal plans: COIN was 0.72, 0.71 and 0.69 (
p
= 0.0306) in breast BT; 0.6, 0.47 and 0.58 (
p
< 0.001) in cervical BT; and 0.8, 0.7 and 0.7 (
p
< 0.001) in prostate BT, respectively. In breast BT, dose to the skin and lung was smaller with HIPO and FO than with IPSA. In cervical BT, dose to the rectum, sigmoid and bowel was larger using IPSA than with HIPO or FO. In prostate BT, dose to the urethra was higher and the rectal dose was smaller using FO than with inverse methods.
Conclusion
In interstitial breast and prostate BT, HIPO results in comparable dose–volume parameters to FO, but HIPO plans are more conformal. In cervical BT, HIPO produces dosimetrically acceptable plans only when more needles are used. The dosimetric quality of IPSA plans is suboptimal and results in unnecessary larger active lengths.
Purpose
To compare two inverse planning algorithms, the hybrid inverse planning optimization (HIPO) algorithm and the inverse planning simulated annealing (IPSA) algorithm, for cervical cancer ...brachytherapy and provide suggestions for their usage.
Material and methods
This study consisted of 24 cervical cancer patients treated with CT image‐based high‐dose‐rate brachytherapy using various combinations of tandem/ovoid applicator and interstitial needles. For fixed catheter configurations, plans were retrospectively optimized with two methods: IPSA and HIPO. The dosimetric parameters with respect to target coverage, localization of high dose volume (LHDV), conformal index (COIN), and sparing of organs at risk (OARs) were evaluated. A plan assessment method which combines a graphical analysis and a scoring index was used to compare the quality of two plans for each case. The characteristics of dwell time distributions of the two plans were also analyzed in detail.
Results
Both IPSA and HIPO can produce clinically acceptable treatment plans. The rectum D2cc was slightly lower for HIPO as compared to IPSA (P = 0.002). All other dosimetric parameters for targets and OARs were not significantly different between the two algorithms. The generated radar plots and scores intuitively presented the plan properties and enabled to reflect the clinical priorities for the treatment plans. Significant different characteristics were observed between the dwell time distributions generated by IPSA and HIPO.
Conclusions
Both algorithms could generate high‐quality treatment plans, but their performances were slightly different in terms of each specific patient. The clinical decision on the optimal plan for each patient can be made quickly and consistently with the help of the plan assessment method. Besides, the characteristics of dwell time distribution were suggested to be taken into account during plan selection. Compared to IPSA, the dwell time distributions generated by HIPO may be closer to clinical preference.
•Dosimetric performances of forward and inverse optimization methods were compared.•Two inverse optimization methods achieved the best dose homogeneity to the target.•One of the two was also most ...effective in reducing hot spots to the vaginal mucosa.
A direct planning approach with multi-channel vaginal cylinders (MVCs) used for HDR brachytherapy of vaginal cancers is particularly challenging. Purpose of this study was to compare the dosimetric performances of different forward and inverse methods used for the optimization of MVC-based vaginal treatments for endometrial cancer, with a particular attention to the definition of strategies useful to limit the high doses to the vaginal mucosa.
Twelve postoperative vaginal HDR brachytherapy treatments performed with MVCs were considered. Plans were retrospectively optimized with three different methods: Dose Point Optimization followed by Graphical Optimization (DPO + GrO), Inverse Planning Simulated Annealing with two different class solutions as starting conditions (surflPSA and homogIPSA) and Hybrid Inverse Planning Optimization (HIPO). Several dosimetric parameters related to target coverage, hot spot extensions and sparing of organs at risk were analyzed to evaluate the quality of the achieved treatment plans. Dose homogeneity index (DHI), conformal index (COIN) and a further parameter quantifying the proportion of the central catheter loading with respect to the overall loading (i.e., the central catheter loading index: CCLI) were also quantified.
The achieved PTV coverage parameters were highly correlated with each other but uncorrelated with the hot spot quantifiers. HomogIPSA and HIPO achieved higher DHIs and CCLIs and lower volumes of high doses than DPO + GrO and surflPSA.
Within the investigated optimization methods, HIPO and homoglPSA showed the highest dose homogeneity to the target. In particular, homogIPSA resulted also the most effective in reducing hot spots to the vaginal mucosa.
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