Medical Law International最新文献_第5页

A qualitative exploration of the perceptions of professional registration by Australian paramedics during the transition into professional regulation 澳大利亚护理人员在向专业监管过渡期间对专业注册的看法的定性探索

Medical Law International Pub Date : 2022-09-07 DOI: 10.1177/09685332221117995

Buck Reed, L. Cowin, P. O'Meara, I. Wilson

{"title":"A qualitative exploration of the perceptions of professional registration by Australian paramedics during the transition into professional regulation","authors":"Buck Reed, L. Cowin, P. O'Meara, I. Wilson","doi":"10.1177/09685332221117995","DOIUrl":"https://doi.org/10.1177/09685332221117995","url":null,"abstract":"In 2018, Australian paramedics entered the National Registration and Accreditation Scheme for Health Practitioners. The scheme represented a significant change in the way paramedics were regulated and able to self-identify. Equally, it brought substantial changes to the individual accountability and responsibilities of practitioners. Response to these reforms was largely positive; however, diverse views existed on the intent and impacts of the scheme. Paramedics were surveyed immediately before registration commencement to examine their views concerning the new regulatory framework. Supportive views included acknowledgement of regulation’s public safety function and potential advancement of the profession. Dissenting views predicted increased practitioner risk and degradation of working conditions. Importantly, this study explores how members of the same profession can have diverse views of the same regulatory scheme. This study supports the notion that paramedicine consists of diverse subcultures with differing worldviews. This presents challenges in ensuring cohesive professional engagement with regulation and the evolution of the profession.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"22 1","pages":"327 - 348"},"PeriodicalIF":0.0,"publicationDate":"2022-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43834205","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: 3

The older person’s experience of autonomy in healthcare decision-making in Ireland: The relationship between law, policy, and practice 爱尔兰老年人在医疗保健决策中的自主经验:法律、政策和实践之间的关系

Medical Law International Pub Date : 2022-07-25 DOI: 10.1177/09685332221109239

J. Lombard, H. Davidson

{"title":"The older person’s experience of autonomy in healthcare decision-making in Ireland: The relationship between law, policy, and practice","authors":"J. Lombard, H. Davidson","doi":"10.1177/09685332221109239","DOIUrl":"https://doi.org/10.1177/09685332221109239","url":null,"abstract":"The law on healthcare decision-making in Ireland is in a period of transition and will be enhanced with the full commencement of the Assisted Decision-Making (Capacity) Act (ADMC Act) 2015. The legislation is intended to empower a person to make decisions relating to their healthcare and personal affairs where they lack or may in the future lack the capacity to make their own decisions. This is especially relevant for the older person in terms of planning for future healthcare decisions. This article reports on quantitative and qualitative research which examined the exercise of autonomy by the older person in Ireland in the context of healthcare decision-making. The research compared the lived experience of healthcare decision-making with the existing legal and policy framework. The research sought to identify what is currently understood about the ADMC Act and awareness of the changes it will bring about in decision-making for the older person. These data assist in identifying strengths, such as a feeling of involvement, and weaknesses, such as an asymmetry of information, in the operation of the current decision-making framework while also identifying potential hurdles to the meaningful implementation of the 2015 Act.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"22 1","pages":"302 - 326"},"PeriodicalIF":0.0,"publicationDate":"2022-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48619469","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

A case for the provision of assisted dying in prisons founded on the right to self-determination: Creating equivalence between prisoners and non-prisoners? 基于自决权在监狱中提供协助死亡的案例:在囚犯和非囚犯之间创造平等?

Medical Law International Pub Date : 2022-07-18 DOI: 10.1177/09685332221107445

D. Fenwick, Philippa Tomczak, A. Cochrane

{"title":"A case for the provision of assisted dying in prisons founded on the right to self-determination: Creating equivalence between prisoners and non-prisoners?","authors":"D. Fenwick, Philippa Tomczak, A. Cochrane","doi":"10.1177/09685332221107445","DOIUrl":"https://doi.org/10.1177/09685332221107445","url":null,"abstract":"This article makes the case for the provision of access to assisted death in prisons, founded on the right to self-determination under Article 8(1) ECHR, in order to create equivalence between prisoners and non-prisoners. It considers possible State justifications for interferences with the right under Article 8(2) and whether they would meet the Convention standards of legality and proportionality. In relation to proportionality, it is argued that the foundational basis for restrictions on assisted dying imposed on both the general and prison populations derives from the concept of human dignity, a concept which is also fundamental to prisoners’ rights. Under the banner of proportionality, from an initial presumption of equivalence of access to assisted dying, the article identifies certain conditions inherent in the prison situation that inevitably oppose human dignity and which provide a plausible basis for divergence. Ultimately, it is concluded that an absolute bar on provision of access to assisted dying in prisons cannot be justified, but that the factors that undermine dignity in prison could justify a degree of divergence from creation of equivalence between the prison and the non-prison populations in terms of such access.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"22 1","pages":"217 - 248"},"PeriodicalIF":0.0,"publicationDate":"2022-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45854352","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: 1

Medical need and medicalisation in funding assisted reproduction: A right to health analysis 资助辅助生殖的医疗需求和医疗化：健康权分析

Medical Law International Pub Date : 2022-07-18 DOI: 10.1177/09685332221108571

Jinal Dadiya

{"title":"Medical need and medicalisation in funding assisted reproduction: A right to health analysis","authors":"Jinal Dadiya","doi":"10.1177/09685332221108571","DOIUrl":"https://doi.org/10.1177/09685332221108571","url":null,"abstract":"Assisted reproductive technologies (ARTs) promise childbirth to those who are involuntarily childless. Despite an increase in their availability, they remain inaccessible because they are expensive. Some jurisdictions fund or subsidise ARTs. Central to ART funding decisions is the question of whether they are medically needed. This arises first at the stage of whether ARTs are funded at all, and second, in determining who, among those that are involuntarily childless, should access funded ARTs. I compare four representative models to demonstrate that centring medical need at these two stages raises problems of (a) undermining the welfare of ART seekers; (b) discrimination against same-sex couples and single women; (c) prioritising the medical needs of some groups over others; (d) budgetary competition with other medical services; and (e) inconsistent practices across jurisdictions. This has the effect of intensifying the stratified pressure to have children faced by women across the world. Drawing on this, I argue that centring medical need in ART funding is inconsistent with the international human right to health. I further claim that an alternative reproductive health approach to funding has the potential to undo the exclusionary nature of the social pressure to have children.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"22 1","pages":"249 - 274"},"PeriodicalIF":0.0,"publicationDate":"2022-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49340016","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: 1

Upending the medical duty to advise: Legislating the standard of care in Singapore 终止医疗建议义务：新加坡护理标准立法

Medical Law International Pub Date : 2022-07-07 DOI: 10.1177/09685332221103553

K. Amirthalingam

引用次数: 1

Informed consent: an empty promise? A comparative analysis between Italy and England, Wales, and Scotland 知情同意:一个空洞的承诺?意大利与英格兰、威尔士和苏格兰的比较分析

Medical Law International Pub Date : 2022-06-01 DOI: 10.1177/09685332221103557

C. Milo

引用次数: 1

The immunization of children in family break-down: Questionable evidence and conceptual shortcomings in A.P. v L.K. 家庭儿童免疫失败：A.P.诉L.K.案中的可疑证据和概念缺陷。

Medical Law International Pub Date : 2022-06-01 DOI: 10.1177/09685332221103555

S. Harmon

{"title":"The immunization of children in family break-down: Questionable evidence and conceptual shortcomings in A.P. v L.K.","authors":"S. Harmon","doi":"10.1177/09685332221103555","DOIUrl":"https://doi.org/10.1177/09685332221103555","url":null,"abstract":"The Canadian case of A.P. v L.K. began as a garden-variety family arbitration, which turned on the arbitrator’s articulation and application of the ‘best interests of the child’, but is relevant to responsible practice at the nexus of family and medical law, and is significant to the practice of arbitration – specifically the certification of expert medical witnesses – and to the realization of individual (child) and public health. This case involved an ‘expert’ witness whose evidence contributed to an award directing that the children of the marriage need not be vaccinated. In addition to relying on an inappropriately woolly and narrow conception of ‘best interests of the child’ (a matter of concern to both family and health lawyers), the arbitrator provided a legitimizing platform for, and accepted the questionable evidence of, a politically motivated expert (a matter of concern to lawyers interested in natural justice and the integrity of adjudicative processes). The case is, therefore, a stark example of how (public) health can be undermined and family law warped to a political end, and it, therefore, deserves our close attention, not least for its seemingly unexamined acceptance of unfounded claims and pseudo-science. After briefly reciting the various demands in the case, this article outlines the disposition of the case, and then examines in detail the handling of the vaccination dispute, which, it is argued, was unsupported and unreasonable, offering suggestions about how to avoid similar outcomes in the future.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"22 1","pages":"167 - 186"},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47159372","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

Anonymous gamete donation and Article 8 of the European Convention on Human Rights: The case for incompatibility 匿名配子捐赠与《欧洲人权公约》第8条：不相容的理由

Medical Law International Pub Date : 2022-05-13 DOI: 10.1177/09685332221096210

Andrea Mulligan

引用次数: 2

Assisted dying before the ECtHR: General rules for national regulations ECtHR之前的协助死亡：国家法规的一般规则

Medical Law International Pub Date : 2022-03-02 DOI: 10.1177/09685332221078423

S. Loos

{"title":"Assisted dying before the ECtHR: General rules for national regulations","authors":"S. Loos","doi":"10.1177/09685332221078423","DOIUrl":"https://doi.org/10.1177/09685332221078423","url":null,"abstract":"National regulatory frameworks for assisted dying vary from an absolute ban to rather liberal, albeit conditional, approaches to the practice of assisting patients in terminating their lives. jurisdictions that take a restrictive stance towards assisted dying emphasize the ‘absolute’ nature of the right to life, whereas states that exhibit a more permissive regime put more emphasis on the right to respect for private life, including in particular the right to self-determination at the end of life. Although the European Court of Human Rights uses the margin of appreciation in such a way as to avoid taking a normative stance on the issue of assisted dying, its case law comprises general rules that have to be complied with when regulating assisted dying. This article examines the reasoning of the Court in cases concerning assisted dying and discusses these rules as they apply to countries that have in place restrictive or permissive assisted dying regimes. This human rights framework will become increasingly important as more and more jurisdictions are introducing or considering legislation on assisted dying. Against this background, this article aims at providing insight into what is expected of national regulations, from a human rights perspective, in the context of assisted dying.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"22 1","pages":"93 - 118"},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43171534","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: 3

Confidentiality and public interest disclosure: A framework to evaluate UK healthcare professional regulatory guidance 保密和公共利益披露:评估英国医疗保健专业监管指导的框架

Medical Law International Pub Date : 2022-03-01 DOI: 10.1177/09685332221079124

Paul C Snelling, O. Quick

{"title":"Confidentiality and public interest disclosure: A framework to evaluate UK healthcare professional regulatory guidance","authors":"Paul C Snelling, O. Quick","doi":"10.1177/09685332221079124","DOIUrl":"https://doi.org/10.1177/09685332221079124","url":null,"abstract":"Confidentiality and disclosure of information in the public interest present difficult dilemmas for healthcare practitioners and call for clear legal and regulatory guidance. The common law duty of confidence, and established exceptions to it, are shaped by medical practice and detailed guidance produced by the General Medical Council. Guidance issued by other healthcare regulators in a highly fragmented environment is at best unclear and at worst inaccurate. This article assembles and justifies a framework of evaluation against which regulators’ guidance can be assessed, focussing on the specific issue of when the duty of confidentiality can be set aside in the public interest. Comparison of statutory regulators’ guidance reveals wide variation which creates uncertainty for practitioners confused by inconsistency between guidance documents. The results of this analysis raise questions about the relationship between common law and regulatory guidance, in particular, whether it is appropriate to recognise different standards for different healthcare professions. This article argues that there is an opportunity to correct this anomaly and ensure appropriate consistency as part of a wider review of healthcare professional regulation.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"22 1","pages":"3 - 32"},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44676843","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: 2