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Das unechte Unterlassungsdelikt gilt seit langem als das "dunkelste Kapitel" in der Dogmatik des Allgemeinen Teils des StGB. Gesetzlicher Anhaltspunkt der Strafbarkeit ist allein, dass der Unterlassende "rechtlich dafur einzustehen hat, dass der Erfolg nicht eintritt", 13 Abs. 1 StGB, also Garant ist. Innerhalb der herkommlich diskutierten Garantenstellungen ist die aus Ingerenz besonders umstritten. Hat derjenige, der eine Gefahr fur fremde Rechtsguter geschaffen hat, eine Garantenstellung im Hinblick auf dieses schadenstrachtige Geschehen, sodass er gemass 13 Abs. 1 StGB fur das Unterlassen der Erfolgsabwendung gleich einem Begehungstater bestraft wird? Welche rechtlichen Anforderungen waren in diesem Fall an das die Garantenstellung begrundende Handeln zu stellen? Die regelmassig diskutierten Alternativen sind, ob nur pflichtwidriges Tun eine Ingerenzgarantenstellung nach sich zieht oder auch rechtmassiges ("qualifiziert riskantes") Vorverhalten genugt. Die vorliegende Arbeit kommt zu dem Ergebnis, dass sich das Einstehenmussen des Ingerenten auf der Grundlage des geltenden Rechts begrunden lasst. Hinsichtlich der Voraussetzungen der Garantenstellung will sie aufzeigen, dass es nicht auf die aus der unsicheren Entscheidungsperspektive ex ante zu treffende Verhaltensbewertung ankommen kann. Vorgeschlagen wird stattdessen eine vermittelnde Losung, die die Bewertungsgrundlage mit einem Maximum an Objektivitat versieht.

Investigations. --- Omission, Criminal. --- Criminal omission --- Nonfeasance --- Omission, Criminal --- Criminal act --- Negligence --- Law and legislation

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Die vorliegende Studie stellt die in der internationalen Forschungsliteratur zur Argumentweglassung weit verbreitete Annahme, dass objektlosen Varianten der Verben, die Argumentweglassung erlauben, häufig mit semantischen Spezialisierungen - (In-)Definitheit, sortale Spezifikation, implizite Reflexivität und Polarisierung - verbunden sind, in Frage.In Korpusrecherchen und Fragebogenuntersuchungen geht es vor allem darum zu ermitteln, ob es vor dem Hintergrund einer Polysemie-Hypothese nicht unter Umständen angebrachter wäre, die Weglassungsoption einer von mehreren Verblesarten zuzuordnen, der sie - zumindest was die sortale Einengung des Objekts betrifft - dann keine Interpretationsbesonderheiten im Vergleich mit der Vollvariante hinzufügt. Vielmehr übernimmt sie die sortalen Besonderheiten der jeweiligen Verblesart; die Weglassung wäre somit sortal‐semantisch neutral.Umfangreiche Einzelverbuntersuchungen werden zeigen, dass einzig die Festlegung auf kontextuell gegebene Argumente bei definiter Weglassung als Effekt von lexikalisch bedingter Weglassung analysiert werden kann. Alle anderen beobachtbaren semantischen Besonderheiten impliziter Argumente ergeben sich aus den reichhaltigen Polysemiestrukturen der untersuchten Verben. Transitive verbs can often leave their arguments implicit. Until now, the objectless variants of these verbs have been frequently associated with specific meanings. This volume demonstrates that most verbs have different interpretations with different valency frames and specific conditions for omission. Accordingly, statements about omission and their semantic consequences must be applied to the interpretations of a verb.

Grammar, Comparative and general --- Semantics --- Verb --- LANGUAGE ARTS & DISCIPLINES / Linguistics / Semantics. --- Argument omission. --- polysemy. --- verb valency. --- Grammar, Comparative and general - Verb

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"Trasmundi combines her background as a cognitive ethnographer with theory of radical embodied cognition and interaction to investigate how healthcare practitioners manage cognitive events in patient treatment and diagnosing that often lead to human errors. This interdisciplinary focus emphasises how professional action underlines various forms of cognitive and social life that involves language, tools, organisational procedures, shared expertise, cultural values and social rules. The book investigates such phenomena which previously have fallen in the gaps between established disciplines of interaction analysis and psychology. In arguing that the multi-scalar constraints of professional action are still underexplored in a naturalistic setting of emergency medicine, Trasmundi uses tools such as multimodal interaction analysis and cognitive event analysis to investigate the cultural and distributed nature of cognition. The book provides the reader with a new take on this heavily investigated topic, both theoretically and methodologically by describing how medical culture affects real-time interaction and how culture itself is shaped by the exact same dynamics"--

Emergency medical technician and patient --- Communication in emergency medicine --- Medical errors --- Ethnopsychology --- Cognition and culture --- Emergencies --- Medical Errors --- Critical Incidents, Medical --- Critical Medical Incidents --- Errors, Medical --- Errors, Surgical --- Medical Error of Commission --- Medical Error of Omission --- Medical Errors of Commission --- Medical Errors of Omission --- Medical Mistake --- Mistake, Medical --- Mistakes, Medical --- Never Event --- Surgical Error --- Wrong-Patient Surgery --- Wrong-Procedure Errors --- Wrong-Site Surgery --- Medical Mistakes --- Surgical Errors --- Commission Medical Error --- Commission Medical Errors --- Critical Incident, Medical --- Critical Medical Incident --- Error, Medical --- Error, Surgical --- Error, Wrong-Procedure --- Errors, Wrong-Procedure --- Event, Never --- Events, Never --- Incident, Critical Medical --- Incident, Medical Critical --- Incidents, Critical Medical --- Incidents, Medical Critical --- Medical Critical Incident --- Medical Critical Incidents --- Medical Error --- Medical Incident, Critical --- Medical Incidents, Critical --- Never Events --- Omission Medical Error --- Omission Medical Errors --- Surgeries, Wrong-Patient --- Surgeries, Wrong-Site --- Surgery, Wrong-Patient --- Surgery, Wrong-Site --- Wrong Patient Surgery --- Wrong Procedure Errors --- Wrong Site Surgery --- Wrong-Patient Surgeries --- Wrong-Procedure Error --- Wrong-Site Surgeries --- Iatrogenic Disease --- Risk Management --- Emergency --- Emergency Treatment --- Culture and cognition --- Cognition --- Culture --- Ethnophilosophy --- Socialization --- Cross-cultural psychology --- Ethnic groups --- Ethnic psychology --- Folk-psychology --- Indigenous peoples --- National psychology --- Psychological anthropology --- Psychology, Cross-cultural --- Psychology, Ethnic --- Psychology, National --- Psychology, Racial --- Race psychology --- Psychology --- National characteristics --- Medical mishaps --- Mishaps, Medical --- Errors, Scientific --- Medicine --- Emergency medicine --- Patient and emergency medical technician --- Patients --- Practice --- Human medicine --- Psycholinguistics

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Medical errors --- Iatrogenic diseases --- Patients --- Health Services --- Evaluation Studies as Topic --- Social Sciences --- Quality of Health Care --- Health Care Evaluation Mechanisms --- North America --- Health Services Administration --- Anthropology, Education, Sociology and Social Phenomena --- Americas --- Investigative Techniques --- Health Care Facilities, Manpower, and Services --- Analytical, Diagnostic and Therapeutic Techniques and Equipment --- Health Care --- Health Care Quality, Access, and Evaluation --- Geographic Locations --- Geographicals --- Government Programs --- United States --- Medical Errors --- Program Evaluation --- Medicine --- Health & Biological Sciences --- Medical Professional Practice --- Government policy --- Prevention --- Safety measures --- Family Planning Program Evaluation --- Program Appropriateness --- Program Effectiveness --- Program Sustainability --- Evaluation, Program --- Appropriateness, Program --- Effectiveness, Program --- Evaluations, Program --- Program Evaluations --- Program Sustainabilities --- Sustainabilities, Program --- Sustainability, Program --- Critical Incidents, Medical --- Critical Medical Incidents --- Errors, Medical --- Errors, Surgical --- Medical Error of Commission --- Medical Error of Omission --- Medical Errors of Commission --- Medical Errors of Omission --- Medical Mistake --- Mistake, Medical --- Mistakes, Medical --- Never Event --- Surgical Error --- Wrong-Patient Surgery --- Wrong-Procedure Errors --- Wrong-Site Surgery --- Medical Mistakes --- Surgical Errors --- Commission Medical Error --- Commission Medical Errors --- Critical Incident, Medical --- Critical Medical Incident --- Error, Medical --- Error, Surgical --- Error, Wrong-Procedure --- Errors, Wrong-Procedure --- Event, Never --- Events, Never --- Incident, Critical Medical --- Incident, Medical Critical --- Incidents, Critical Medical --- Incidents, Medical Critical --- Medical Critical Incident --- Medical Critical Incidents --- Medical Error --- Medical Incident, Critical --- Medical Incidents, Critical --- Never Events --- Omission Medical Error --- Omission Medical Errors --- Surgeries, Wrong-Patient --- Surgeries, Wrong-Site --- Surgery, Wrong-Patient --- Surgery, Wrong-Site --- Wrong Patient Surgery --- Wrong Procedure Errors --- Wrong Site Surgery --- Wrong-Patient Surgeries --- Wrong-Procedure Error --- Wrong-Site Surgeries --- Government Sponsored Programs --- Government-Sponsored Programs --- Government Program --- Government Sponsored Program --- Government-Sponsored Program --- Program, Government --- Program, Government Sponsored --- Program, Government-Sponsored --- Programs, Government --- Programs, Government Sponsored --- Programs, Government-Sponsored --- Healthcare Quality, Access, and Evaluation --- Community-Based Distribution --- Contraceptive Distribution --- Delivery of Healthcare --- Dental Care Delivery --- Distribution, Non-Clinical --- Distribution, Nonclinical --- Distributional Activities --- Healthcare --- Healthcare Delivery --- Healthcare Systems --- Non-Clinical Distribution --- Nonclinical Distribution --- Delivery of Dental Care --- Health Care Delivery --- Health Care Systems --- Activities, Distributional --- Activity, Distributional --- Care, Health --- Community Based Distribution --- Community-Based Distributions --- Contraceptive Distributions --- Deliveries, Healthcare --- Delivery, Dental Care --- Delivery, Health Care --- Delivery, Healthcare --- Distribution, Community-Based --- Distribution, Contraceptive --- Distribution, Non Clinical --- Distributional Activity --- Distributions, Community-Based --- Distributions, Contraceptive --- Distributions, Non-Clinical --- Distributions, Nonclinical --- Health Care System --- Healthcare Deliveries --- Healthcare System --- Non Clinical Distribution --- Non-Clinical Distributions --- Nonclinical Distributions --- System, Health Care --- System, Healthcare --- Systems, Health Care --- Systems, Healthcare --- Healthcare Facilities, Manpower, and Services --- Investigative Technics --- Investigative Technic --- Investigative Technique --- Technic, Investigative --- Technics, Investigative --- Technique, Investigative --- Techniques, Investigative --- Administration, Health Services --- Healthcare Evaluation Mechanisms --- Evaluation Mechanism, Healthcare --- Evaluation Mechanisms, Healthcare --- Healthcare Evaluation Mechanism --- Mechanism, Healthcare Evaluation --- Mechanisms, Healthcare Evaluation --- Quality of Care --- Quality of Healthcare --- Care Qualities --- Care Quality --- Health Care Quality --- Healthcare Quality --- Science, Social --- Sciences, Social --- Social Science --- Critique --- Evaluation --- Evaluation Indexes --- Evaluation Methodology --- Evaluation Report --- Evaluation Research --- Methodology, Evaluation --- Pre-Post Tests --- Qualitative Evaluation --- Quantitative Evaluation --- Theoretical Effectiveness --- Use-Effectiveness --- Critiques --- Effectiveness, Theoretical --- Evaluation Methodologies --- Evaluation Reports --- Evaluation, Qualitative --- Evaluation, Quantitative --- Evaluations --- Evaluations, Qualitative --- Evaluations, Quantitative --- Indexes, Evaluation --- Methodologies, Evaluation --- Pre Post Tests --- Pre-Post Test --- Qualitative Evaluations --- Quantitative Evaluations --- Report, Evaluation --- Reports, Evaluation --- Research, Evaluation --- Test, Pre-Post --- Tests, Pre-Post --- Use Effectiveness --- Services, Health --- Health Service --- Service, Health --- Medical mishaps --- Mishaps, Medical --- organization & administration --- Social Validity, Research --- Iatrogenic Disease --- Risk Management --- National Health Programs --- Pharmacy Audit --- Audit, Pharmacy --- Pharmacy Audits --- Persons --- Sick --- Diseases --- Therapeutics --- Errors, Scientific --- Complications --- Practice --- Program Evaluation. --- Government Programs. --- prevention & control. --- United 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Hospitals --- Medical errors --- Medical care --- Disciplines and Occupations --- Safety --- Education, Professional --- Anthropology, Education, Sociology and Social Phenomena --- Social Sciences --- North America --- Health Services --- Risk Management --- Organization and Administration --- Health Services Administration --- Americas --- Accident Prevention --- Health Care Facilities, Manpower, and Services --- Health Care --- Accidents --- Geographic Locations --- Geographicals --- Public Health --- Environment and Public Health --- Government Programs --- United States --- Safety Management --- Health Occupations --- Medical Errors --- Education --- Education, Continuing --- Health & Biological Sciences --- Hospitals & Medical Centers --- Safety measures --- Prevention --- Quality control --- Continuing Education --- Activities, Educational --- Educational Activities --- Workshops --- Literacy Programs --- Training Programs --- Activity, Educational --- Educational Activity --- Literacy Program --- Program, Literacy --- Program, Training --- Programs, Literacy --- Programs, Training --- Training Program --- Workshop --- Students --- Critical Incidents, Medical --- Critical Medical Incidents --- Errors, Medical --- Errors, Surgical --- Medical Error of Commission --- Medical Error of Omission --- Medical Errors of Commission --- Medical Errors of Omission --- Medical Mistake --- Mistake, Medical --- Mistakes, Medical --- Never Event --- Surgical Error --- Wrong-Patient Surgery --- Wrong-Procedure Errors --- Wrong-Site Surgery --- Medical Mistakes --- Surgical Errors --- Commission Medical Error --- Commission Medical Errors --- Critical Incident, Medical --- Critical Medical Incident --- Error, Medical --- Error, Surgical --- Error, Wrong-Procedure --- Errors, Wrong-Procedure --- Event, Never --- Events, Never --- Incident, Critical Medical --- Incident, Medical Critical --- Incidents, Critical Medical --- Incidents, Medical Critical --- Medical Critical Incident --- Medical Critical Incidents --- Medical Error --- Medical Incident, Critical --- Medical Incidents, Critical --- Never Events --- Omission Medical Error --- Omission Medical Errors --- Surgeries, Wrong-Patient --- Surgeries, Wrong-Site --- Surgery, Wrong-Patient --- Surgery, Wrong-Site --- Wrong Patient Surgery --- Wrong Procedure Errors --- Wrong Site Surgery --- Wrong-Patient Surgeries --- Wrong-Procedure Error --- Wrong-Site Surgeries --- Health Professions --- Health Occupation --- Health Profession --- Occupation, Health --- Occupations, Health --- Profession, Health --- Professions, Health --- Hazard Control --- Hazard Surveillance Program --- Safety Culture --- Hazard Management --- Control, Hazard --- Culture, Safety --- Cultures, Safety --- Hazard Controls --- Hazard Surveillance Programs --- Management, Hazard --- Management, Safety --- Program, Hazard Surveillance --- Programs, Hazard Surveillance --- Safety Cultures --- Surveillance Program, Hazard --- 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Community Based Distribution --- Community-Based Distributions --- Contraceptive Distributions --- Deliveries, Healthcare --- Delivery, Dental Care --- Delivery, Health Care --- Delivery, Healthcare --- Distribution, Community-Based --- Distribution, Contraceptive --- Distribution, Non Clinical --- Distributional Activity --- Distributions, Community-Based --- Distributions, Contraceptive --- Distributions, Non-Clinical --- Distributions, Nonclinical --- Health Care System --- Healthcare Deliveries --- Healthcare System --- Non Clinical Distribution --- Non-Clinical Distributions --- Nonclinical Distributions --- System, Health Care --- System, Healthcare --- Systems, Health Care --- Systems, Healthcare --- Healthcare Facilities, Manpower, and Services --- Prevention, Accident --- Accident Preventions --- Preventions, Accident --- Administration and Organization --- Administrative Technics --- Administrative Techniques --- Coordination, Administrative --- Logistics --- Supervision --- Technics, Administrative --- Techniques, Administrative --- Administration --- Administrative Coordination --- Administrative Technic --- Administrative Technique --- Technic, Administrative --- Technique, Administrative --- Hospital Incident Reportings --- Incident Reporting --- Incident Reportings, Hospital --- Management, Risks --- Reporting, Hospital Incident --- Reportings, Hospital Risk --- Voluntary Patient Safety Event Reporting --- Hospital Incident Reporting --- Incident Reporting, Hospital --- Hospital Risk Reporting --- Hospital Risk Reportings --- Incident Reportings --- Management, Risk --- Reporting, Hospital Risk --- Reporting, Incident --- Reportings, Hospital Incident --- Reportings, Incident --- Risk Reporting, Hospital --- Risk Reportings, Hospital --- Risks Management --- Services, Health --- Health Service --- Service, Health --- Administration, Health Services --- Science, Social --- Sciences, Social --- Social Science --- Professional Education --- Safeties --- education --- prevention & control --- organization & administration --- Iatrogenic Disease --- Occupations --- Organizational Culture --- National Health Programs --- Community Health --- Health, Community --- Preventive Medicine --- Education, Public Health Professional --- Truth Disclosure --- Safety Management. --- Education, Continuing. --- Government Programs. --- management. --- prevention & control. --- Patient Safety Improvement Corps (U.S.). --- United States. --- Patient Safety Improvement Corps (U.S.)