Alternative liability

Our simulation work has identified a value-adding extension of this approach where if there are two alternative liabilities A and B, a prediction of the presence of A or B can select compounds for relatively early screening against either risk factor, leaving the other to be assessed later. For certain combinations of the ratios of costs of screening and prevalence for A and B,... 

Alternative liability originated in the landmark case, Summers v. Tice, (1948), where the plaintiff was shot in the eye by one of two negligent hunters who had shot in his direction. The doctrine is now memorialized in the Second Restatement of Torts Where the conduct of two or more actors is tortious, and it is proved that harm has been caused to the plaintiff by only one of them, but there is uncertainty as to which one has caused it, the burden is upon each actor to prove that he has not caused the harm (Second Restatement of Torts 433 B (3). 

Equation (9-122) can alternatively be written as Assets = capital -t- liabilities... 

In considering the economics of process alternatives, it is important to think about the total life cycle costs. There is an increasing interest in this concept in the environmental area, with a recognition of the need to incorporate waste treatment, waste disposal, regulatory compliance, potential liability for environmental damage, and other long term environmental costs into project economic evaluation. Similarly, we must consider life cycle safety costs. Some examples of factors which should be considered include ... 

The life cycle cost of a process is the net total of all expenses incurred over the entire lifetime of a process. The choice of process chemistry can dramatically affect this life cycle cost. A quantitative life cycle cost cannot be estimated with sufficient accuracy to be of practical value. There is benefit, however, in making a qualitative estimate of the life cycle costs of competing chemistries. Implicit in any estimate of life cycle cost is the estimate of risk. One alternative may seem more attractive than another until the risks associated with product liability issues, environmental concerns, and process hazards are given due consideration. Value of life concepts and cost-benefit analyses (CCPS, 1995a, pp. 23-27 and Chapter 8) are useful in predicting and comparing the life cycle costs of alternatives. 

Gilhooley, M., "When Drugs Are Safer for Some But Not Others The FDA Experience and Alternatives for Products Liability," Houston L. Rev., 36, 927-949 (1999). 

The darker side to this issue concerns malpractice. Malpractice claims against nonmedical practitioners of alternative medicine are generally low (Studdert et ai. 1998). Although referring a patient to another physician does not generally expose a physician to liability for malpractice, there are exceptions when the referral is negligent or when there is joint treatment. Therefore, referrals to alternative medicine can potentially carry risk. 

Innovation drivers Alternative paint strippers have been developed as a consequence of the chlorine debate . However, neither the detailed requirements related to occupational health and safety (TRGS 612 and 212) nor the lower efficiency (cf (3)) clearly supported the penetration of the market with the alternative paint stripping systems. One barrier may be that the users have to change their work and purchasing procedures to apply the alternatives successfully. By end of the nineties the construction employers liability insurance started, based on the public media, an information campaign about the risks of DCM-containing paint strippers. 

More typically, the failure to preserve evidence can hurt the company in a lawsuit. For example, where a defense expert in a product liability case conducts destructive testing on the product, thereby rendering it unfit or unavailable to the plaintiff s expert, the court may sanction the conduct by excluding the testimony of the defense expert. Alternatively, if crucial documents are destroyed or lost, thejudge may instruct thejury to assume the worst—that the documents contained information harmful to the defendant s position in the litigation. 

Medical malpractice liability exists for treatment with CAM, particularly if clinicians recommend that patients take a supplement that is inferior in quality and, as a consequence, harmful. The same holds true if physicians direct patients to a negligent CAM practitioner. The referring clinician may be vicariously liable. The risk of negligence is especially keen if clinicians refer patients for a particular type of alternative therapy that... 

Pharmacological treatment of anxiety disorders in individuals actively abusing substances is often difficult. Two to four weeks of abstinence is recommended, during which time alternative interventions can be initiated. Agents that have low abuse liability, such as the SSRls, TCAs, or buspirone (Buspar), are recommended. If benzodiazepines are clinically indicated, it... 

Two studies have indicated that the tricyclic antidepressant (TCA) imipramine may be as effective as BZDs in the treatment of GAD ( 58, 59). No studies longer than 8 weeks duration have been conducted, however, and imipramine s onset of anxiolytic action may be even slower than that of buspirone. Aithough adverse effects also may limit usefulness, its lack of dependence liability may make it an appropriate alternative in chronically anxious patients who also suffer from panic and depression. 

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