Medical Law International最新文献_第2页

Book review: Medicine, Patients and the Law 书评:《医学、病人和法律》

Medical Law International Pub Date : 2023-11-09 DOI: 10.1177/09685332231211898

Alex Ruck Keene, Emma Cave, Rob Heywood

引用次数: 0

Book review: The International Law of Biotechnology: Human Rights, Trade, Patents, Health and the Environment 书评:《国际生物技术法:人权、贸易、专利、健康和环境》

Medical Law International Pub Date : 2023-11-09 DOI: 10.1177/09685332231211913

Sara Golru, Matthias Herdegen

引用次数: 0

Book review: Novel Beings: Regulatory Approaches for a Future of New Intelligent Life 书评:《新颖的生物:未来新智能生命的管理方法》

Medical Law International Pub Date : 2023-10-31 DOI: 10.1177/09685332231206400

Richard B Gibson

引用次数: 1

Book review: Intersex Embodiment: Legal Frameworks Beyond Identity and Disorder 书评:双性人的体现:超越身份和混乱的法律框架

Medical Law International Pub Date : 2023-10-30 DOI: 10.1177/09685332231193945

Eleanor Drover, Magda Rakita

引用次数: 0

This is not an act of euthanasia: Legally correct but ethically problematic? 这不是安乐死:法律上正确，但道德上有问题?

Medical Law International Pub Date : 2023-10-24 DOI: 10.1177/09685332231204737

Frank Schweitser, Johan Stuy, Wim Distelmans, Christophe Lemmens, Johan Braeckman

{"title":"This is not an act of euthanasia: Legally correct but ethically problematic?","authors":"Frank Schweitser, Johan Stuy, Wim Distelmans, Christophe Lemmens, Johan Braeckman","doi":"10.1177/09685332231204737","DOIUrl":"https://doi.org/10.1177/09685332231204737","url":null,"abstract":"In 2015, the Belgian Federal Commission for the Control and Evaluation of Euthanasia referred a physician to the public prosecutor’s office because it concluded that the physician might have violated the legal conditions for euthanasia. It was the commission’s first referral since its establishment in 2002. However, in 2019, the Antwerp Court sitting in chambers decided not to pursue the physician in criminal court. News reports suggested that it had ruled that the physician did not perform euthanasia because the patient drank the lethal potion herself, thus classifying the act as physician-assisted suicide. However, the court did not make the reasons for its decision public.In this article, we consider the legal and ethical aspects of physician-assisted suicide and euthanasia. Although we discern clear differences between these end-of-life decisions, we also note important similarities. Countries that legalise voluntary physician-assisted dying may choose to legislate one or both end-of-life decisions. Providing a legal basis for both options can prevent major legal problems, ensuring that those doctors who violate the law are not acquitted.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"37 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135267641","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Challenges and gaps in regulating medical laboratories in India 印度医学实验室监管面临的挑战和差距

Medical Law International Pub Date : 2023-08-26 DOI: 10.1177/09685332231194199

Pallavi Gupta, S. Nandraj

{"title":"Challenges and gaps in regulating medical laboratories in India","authors":"Pallavi Gupta, S. Nandraj","doi":"10.1177/09685332231194199","DOIUrl":"https://doi.org/10.1177/09685332231194199","url":null,"abstract":"Accurate diagnosis is an essential component of healthcare delivery. However, research on the delivery of diagnostic services is lacking in low- and middle-income countries. This article examines the issues related to the provision of medical laboratory services in India, including licencing, geographic distribution, charging practices, quality, personnel requirements, information sharing, and newer technologies that impact the sector. The challenges and gaps in regulatory mechanisms governing these services are discussed, highlighting the need for improvements. Legislation to regulate medical laboratories in many Indian states is either outdated or non-existent, with some states recently updating or enacting their laws. A registry of medical laboratories in the country will assist in assessing and meeting the shortfall. Universal adoption of external and inter-laboratory quality control mechanisms will help in standardization and ensuring quality. Clarity and consensus on who can operate medical laboratories and the responsibility of different cadres of technical staff are required. The provision for making information on registered laboratories publicly available under the Central and some state legislations can be very useful to the users in choosing laboratories. Mandatory reporting to the government by both public- and private-sector laboratories will help in maintaining data on disease burden and in planning health services. However, the lack of data protection laws in the country creates the potential for violation of the users’ privacy when laboratories store data digitally and report it online on government web portals. Caution is warranted in the use of newer technologies until the regulations governing these matters are strengthened. A combination of voluntary and statutory mechanisms such as accreditation and regulation would be useful instruments for ensuring quality in diagnostic services. Research on the effectiveness of existing provisions at the state level would help in understanding their impact and suggest ways of further improvement.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49354549","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The possibility of AI-induced medical manslaughter: Unexplainable decisions, epistemic vices, and a new dimension of moral luck 人工智能导致医疗过失杀人的可能性:无法解释的决定，认知上的恶习，以及道德运气的新维度

Medical Law International Pub Date : 2023-08-17 DOI: 10.1177/09685332231193944

Benjamin Bartlett

{"title":"The possibility of AI-induced medical manslaughter: Unexplainable decisions, epistemic vices, and a new dimension of moral luck","authors":"Benjamin Bartlett","doi":"10.1177/09685332231193944","DOIUrl":"https://doi.org/10.1177/09685332231193944","url":null,"abstract":"The use of artificial intelligence (AI) systems in healthcare provides a compelling case for a re-examination of ‘gross negligence’ as the basis for criminal liability. AI is a smart agency, often using self-learning architectures, with the capacity to make autonomous decisions. Healthcare practitioners (HCPs) will remain responsible for validating AI recommendations but will have to contend with challenges such as automation bias, the unexplainable nature of AI decisions, and an epistemic dilemma when clinicians and systems disagree. AI decisions are the result of long chains of sociotechnical complexity with the capacity for undetectable errors to be baked into systems, which introduces a new dimension of moral luck. The ‘advisory’ nature of AI decisions constructs a legal fiction, which may leave HCPs unjustly exposed to the legal and moral consequences when systems fail. On balance, these novel challenges point towards a legal test of subjective recklessness as the better option: it is practically necessary; falls within the historic range of the offence; and offers clarity, coherence, and a welcome reconnection with ethics.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"23 1","pages":"241 - 270"},"PeriodicalIF":0.0,"publicationDate":"2023-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45699469","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Good governance and the development of an ethical framework for the UK National Screening Committee 善治和英国国家审查委员会道德框架的发展

Medical Law International Pub Date : 2023-08-17 DOI: 10.1177/09685332231194303

R. Brownsword, Catherine W. Joynson

引用次数: 0

Book review: Banning Transgender Conversion Practices: A Legal and Policy Analysis 书评：禁止跨性别转换行为：法律和政策分析

Medical Law International Pub Date : 2023-08-12 DOI: 10.1177/09685332231193957

Rebecca Sanaeikia

引用次数: 0

Book review: Supporting Legal Capacity in Socio-Legal Context 书评：在社会法律背景下支持法律能力

Medical Law International Pub Date : 2023-06-23 DOI: 10.1177/09685332231180738

B. Clough

引用次数: 2