Archive for August 26th, 2010

What is a Cybercrime?

Thursday, August 26th, 2010

Cybercrime or computer crime is defined as any crime that involves a computer and a network where the computers may or may not have played an instrumental part in the commission of a crime. Netcrime differs in that it refers more precisely to criminal exploitation of the Internet. Such crimes include: hacking, copyright infringement, child pornography and child grooming.

Cybercrime encompasses a broad range of activities. These activities are typically divided into two categories: 1) crimes that target computer networks or devices directly 2)crimes facilitated by computer networks or devices, the primary target of which is independent of the computer network or device. Crimes that target computer networks include computer viruses, denial-of-service attacks and malware.

Computer Viruses – A computer virus is a computer program that can copy itself and then infect a computer. The term virus and malware are often confused in these instances.  A true virus can spread from one computer to another in some form of executable code, when its host is taken to the target computer. Viruses can increase their chances of spreading to other computers by infecting files on a network file system or a file system that is accessed by another computer.

Malware – Malware or malicious code includes computer viruses such as computer worms, Trojan horses, rootkits, spyware and dishonest adware. Computer worms can exploit security vulnerabilities that spread to other computers through networks. Worms and Trojan horses, like viruses, may harm a computer system’s data or performance. Others do nothing to call attention to themselves. Software is considered to be malware based on the perceived intent of the creator rather than any particular features. The prevalence of malware as a vehicle for organized Internet crime, along with the general inability of traditional anti-malware protection platforms (products) to protect against the continuous stream of unique and newly produced malware, has seen the adoption of a new mindset for businesses operating on the Internet: the acknowledgment that some sizable percentage of Internet customers will always be infected for some reason or another, and that they need to continue doing business with infected customers. The result is a greater emphasis on back-office systems designed to spot fraudulent activities associated with advanced malware operating on customers’ computers.

Denial of Service Attacks – These attacks are an attempt to make a computer resource unavailable to its intended users. Although the means to carry out, motives for, and targets of a DoS attack may vary, it generally consists of the concerted efforts of a person or people to prevent an Internet site or service from functioning efficiently. Perpetrators of DoS attacks typically target sites or services hosted on high-profile web services such as banks, credit card payment gateways, and even root nameservers. The term is generally used with regards to computer networks , but is not limited to this field.

With computer crimes, the computer can be a source of evidence. If the computer was not directly used for criminal purposes, it can be an excellent device for record keeping, particularly given the power to encrypt the data. If this evidence can be obtained and decrypted, it can be of great value to criminal investigators.

Other types of cybercrime range from small crimes such as spam, to larger crimes such as cyberterroism. How are such crimes defined?
Spam – The unsolicited sending of bulk email for commercial purposes, is unlawful to varying degrees . As applied to email, specific anti-spam laws are relatively new, however limits on unsolicited electronic communications have existed in some forms for some time.
Fraud – Computer fraud is any dishonest misrepresentation of fact intended to let another to do or refrain from doing something which causes loss. In this context, the fraud will result in obtaining a benefit by altering computer input, destroying or suppressing output, altering or deleting stored data and altering or misusing existing system tools for fraudulent purposes.
Obscene or offensive content -The content of websites and other electronic communications may be distasteful, obscene or offensive for a variety of reasons. In some instances these communications may be illegal.
Many jurisdictions place limits on certain speech and can ban racist, blasphemous, politically subversive, libelous or slanderous, seditious or or inflammatory material that tends to incite hate crimes.
Harassment – Obscenities and derogatory comments at specific individuals focusing for example on gender, race, religion, nationality, sexual orientation.

Crimes are committed each day, with respects to the cyber world. Each crime is defined at different levels, although each is punishable in a court of law.

Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit: http://www.smpadvance.com

Bookmark and Share

Hospital and Medical Malpractice

Thursday, August 26th, 2010

Hospital malpractice is defined as “Any physical injury to a patient, negligence or malpractice that takes place in a hospital. Hospital malpractice can be the result of the negligence of any physician, pharmacists, hospital staff member, nurses, and hospital technicians.” Medical malpractice is as a similar term, in that it is defined as “Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional.” One takes place in a hospital, and the other is based on the negligence itself.

Accusations of malpractice have been controversial and a growing issue since the 1970s. Physicians feel there are too many malpractice suits being litigated, and in that, have urged legal reforms to curb large damage awards. Tort attorneys have argued that negligence suits are an effective way of compensating victims of negligence, as well as policing the medical profession.

How does one prove they have been a victim of medical malpractice? To have a case, one must prove four elements: (1) a duty of care was owed by the physician; (2) the physician violated the applicable standard of care; (3) the person suffered a compensable injury; and (4) the injury was caused, or proximately caused, by the substandard conduct. The burden of proving these elements is on the plaintiff in a malpractice lawsuit.

The same elements are applied for hospital malpractice. One has to prove that the hospital staff engaged in incorrect or negligent treatment which in turn caused suffering or emotional, physical or financial harm as a result. For this specific type of malpractice to occur, the care provided by a hospital staff member has to be proven that it was not within the reasonable standards of other professionals practicing in the same manner.

Hospital malpractice generally  includes these elements:

Mistaken Diagnosis:  When a diagnosis is wrongfully determined it may prolong the time to necessary treatment for the correct diagnosis. Additional physical harm may also occur because of faulty recommendations for an incorrect diagnosis. This could create more pain, suffering, or emotional distress.

Failure to Treat a Patient:  All patients must be treated in a timely and a professionally correct manner upon entering a physician or hospital environment if a hospital fails to treat a patient, they could be held liable in the court of law.

Improper Use of Medical Equipment:  If medical equipment is used incorrectly by any staff or personnel employed within a hospital, this could be cause of hospital malpractice.  If the improper use further injures a patient, or does not correct the problem as per the staff’s belief, additional medical injury could occur as a result.

Over ninety thousand patients die each year due to medical error and/or hospital malpractice.  In 2001, The Bureau of Justice Statistics published a  report that cited 1,156 medical malpractice suits were litigated in the 75 most populous counties. Nine out of ten of the cases involved a patient who was permanently disabled or had died as a result of negligent medical care. And yet, the win rate in medical malpractice cases was 27%, significantly lower than the 52% average in tort cases. However, the median damage award of $425,000 was much higher than the average tort award of $27,000. It is important to note that these are only the cases that went to trial, and does not include cases settled out of court.

Not every failure of treatment or of a procedure is malpractice. Often doctors and hospital staff can prove that they did everything they could for a patient and that the patient still suffered pain or died.

Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit: http://www.smpadvance.com

Bookmark and Share