Medical Law International最新文献_第6页

Implications for COVID-19 vaccination following the European Court of Human Right’s decision in Vavřička and oths v Czech 欧洲人权法院在VavŽička和oths诉捷克案中的裁决对新冠肺炎疫苗接种的影响

Medical Law International Pub Date : 2022-03-01 DOI: 10.1177/09685332221078417

A. Alekseenko

{"title":"Implications for COVID-19 vaccination following the European Court of Human Right’s decision in Vavřička and oths v Czech","authors":"A. Alekseenko","doi":"10.1177/09685332221078417","DOIUrl":"https://doi.org/10.1177/09685332221078417","url":null,"abstract":"Mass vaccination in the fight against the global pandemic of COVID-19 brings new questions to the ‘old’ issue of mandatory vaccination. The intention to restrict access to some spheres of life on the basis of an individual’s vaccination status provides fertile soil for potential violations of fundamental subjective rights, such as the right to bodily integrity and the interest not to be subject to medical intervention without consent, the right to a private life, and the right to engage fully within society without unjust discrimination. The potential implications of mandated or necessary vaccination for individual rights have not been fully explored, but the recent decision from the European Court of Human Rights in the case of Vavřička and others v. The Czech Republic (2021) gives us a sense of the Court’s approach to the question, given that the hearing (and subsequent decision) took place at the height of the pandemic. In this commentary, the judgement and the dissenting opinion will be analysed and compared from the perspective of the different understanding of the doctrine of proportionality. It will be argued that the approach, wherein the nature of the considered right is becoming the central question, corresponds more adequately with the aims of the Convention. Consequently, it can be suggested that in considering how to regulate vaccination against coronavirus, it is necessary to reframe the analysis in order to ensure that States remain true to the underlying ethos of the Convention to protect individual rights against State interference.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"22 1","pages":"75 - 89"},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41486259","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

Exploring remedies for defective artificial intelligence aids in clinical decision-making in post-Brexit England and Wales 在英国脱欧后的英格兰和威尔士，探索有缺陷的人工智能辅助临床决策的补救措施

Medical Law International Pub Date : 2022-03-01 DOI: 10.1177/09685332221076124

Helen Smith, K. Fotheringham

引用次数: 2

Criminal responsibility for medical injury: A helpful or harmful mechanism for patient safety? 医疗伤害的刑事责任：对患者安全有益还是有害的机制？

Medical Law International Pub Date : 2021-11-30 DOI: 10.1177/09685332211064806

M. Tumelty

{"title":"Criminal responsibility for medical injury: A helpful or harmful mechanism for patient safety?","authors":"M. Tumelty","doi":"10.1177/09685332211064806","DOIUrl":"https://doi.org/10.1177/09685332211064806","url":null,"abstract":"This special issue of Medical Law International stems from an interdisciplinary workshop which took place in November 2019, titled ‘Criminal responsibility for medical error – a helpful or harmful mechanism for delivering patient safety’. The event was funded by the Irish Research Council’s New Foundations Scheme, and held at the School of Law, University College Cork, to address growing concern around the use of the criminal law to regulate healthcare practices and to consider the implications, if any, for patient safety. The papers included in this special issue are revised versions of selected papers presented at this workshop. As editor of this issue, I am grateful to all those who participated in the workshop and to the Irish Research Council, for making this knowledge exchange possible. I would also like to sincerely thank the anonymous reviewers of the papers included in this special issue. This special issue, Criminal responsibility for medical injury: a helpful or harmful mechanism for patient safety? seeks to investigate some of the core challenges posed by the increasing interactions of the criminal law with the practice of medicine. The rise in criminal investigations and prosecutions of medical practitioners arguably reflects changing societal attitudes to the profession,1 and while the desire for accountability is understandable and important, it is argued that criminal sanction is only ‘helpful’ where it is morally appropriate and improves patient safety. It is positively harmful where it does little to improve patient safety and to ensure the delivery of safe healthcare, but rather is experienced as punitive in nature and criminalises physicians for incidents of human error.2 The authors of this collection of papers, Ash Samanta and Jo Samanta,","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"21 1","pages":"289 - 292"},"PeriodicalIF":0.0,"publicationDate":"2021-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43326438","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

Surgical harm, consent, and English criminal law: When should ‘bad-apple’ surgeons be prosecuted? 手术伤害、同意和英国刑法:什么时候应该起诉“坏苹果”外科医生?

Medical Law International Pub Date : 2021-11-09 DOI: 10.1177/09685332211057004

Alexandra Mullock

{"title":"Surgical harm, consent, and English criminal law: When should ‘bad-apple’ surgeons be prosecuted?","authors":"Alexandra Mullock","doi":"10.1177/09685332211057004","DOIUrl":"https://doi.org/10.1177/09685332211057004","url":null,"abstract":"This article examines the legal principles determining when surgical harm becomes a criminal matter. In England and Wales, and other common law jurisdictions, the criminal law has predominantly concerned itself with fatal medical misconduct via the offence of gross negligence manslaughter. The convictions of two surgeons in 2017 (Ian Paterson and Simon Bramhall), for offences against the person, suggests that police and prosecutors have, for the first time, become willing to prosecute surgeons for non-fatal surgical harm. Understanding when non-fatal surgical harm should be treated as a criminal matter is, however, a complex issue. The medical exception to the criminal law legitimizes consensual and reasonable surgical harm. Thus, the question of what is reasonable and what constitutes valid consent is key to determining the parameters of lawful surgery; however, the principles are perplexing and insofar as they may be agreed and understood, they are arguably unsatisfactory. After examining the cases involving serious surgical harm and analysing the doctrines applied, this article argues for a more patient-centred approach. The focus should be on the nature of the harm to the victim, the behaviour of the dangerous surgeon and whether a violation has occurred, rather than on traditional professional assessments, which are unduly deferential to the medical profession.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"21 1","pages":"343 - 368"},"PeriodicalIF":0.0,"publicationDate":"2021-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46295165","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

Gross negligence ‘medical’ manslaughter in Ireland: Legal context and clinician concerns 爱尔兰的重大过失“医疗”过失杀人:法律背景和临床医生的关注

Medical Law International Pub Date : 2021-11-09 DOI: 10.1177/09685332211057008

M. Tumelty, E. Spain

{"title":"Gross negligence ‘medical’ manslaughter in Ireland: Legal context and clinician concerns","authors":"M. Tumelty, E. Spain","doi":"10.1177/09685332211057008","DOIUrl":"https://doi.org/10.1177/09685332211057008","url":null,"abstract":"In recent years, the prospect of the criminal prosecution of medical practitioners for patient safety incidents resulting in fatality which occur in the course of clinical practice has caused heightened anxiety among medical practitioners, particularly in England and Wales, where a number of high-profile cases have raised public consciousness of this issue. The full impact of this landscape on individual practitioners and the delivery of healthcare has yet to be ascertained, although research suggests that medical practice has been impacted. Of particular interest is the phenomenon of defensive medicine which occurs where physicians adopt assurance and/or avoidance behaviours in an attempt to minimise the risk of medical negligence litigation and/or to avoid complaints to regulatory bodies. While defensive medicine is traditionally conceived of in a civil context, the possibility of criminal prosecution for patient safety incidents resulting in fatality may also result in alterations to medical practice. Drawing on the findings of an empirical study (a survey), this research sought to explore the impact, if any, of the threat of criminal prosecution on surgical practice in the Republic of Ireland, including a potential rise in defensive practice.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"21 1","pages":"321 - 342"},"PeriodicalIF":0.0,"publicationDate":"2021-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48563275","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

Should we criminalize a deliberate failure to obtain properly informed consent? 我们是否应该将故意未获得适当知情同意的行为定为刑事犯罪?

Medical Law International Pub Date : 2021-11-09 DOI: 10.1177/09685332211060265

Clark Hobson, J. Miola

引用次数: 1

The journey of research data: Accessing nordic health data for the purposes of developing an algorithm 研究数据之旅：访问北欧健康数据以开发算法

Medical Law International Pub Date : 2021-09-20 DOI: 10.1177/09685332211046179

K. Cathaoir, H. D. Gunnarsdóttir, M. Hartlev

引用次数: 1

What makes a parent in surrogacy cases? Reflections on the Fjölnisdóttir et al. v. Iceland decision of the European Court of Human Rights 代孕案件中的父母是什么？对欧洲人权法院Fjölnisdóttir等人诉冰岛案裁决的反思

Medical Law International Pub Date : 2021-09-01 DOI: 10.1177/09685332211043499

Julian W. März

引用次数: 1

Wrongful disturbance of reproductive planning: Is there a case for liability? 生殖计划的不当干扰：有责任的理由吗？

Medical Law International Pub Date : 2021-09-01 DOI: 10.1177/09685332211034995

V. Raposo

引用次数: 1

‘Turning up the volume’: Increasing respect for the wishes and feelings of women with intellectual impairment in decisions about their reproductive rights in England and New Zealand “提高音量”:在英国和新西兰，在决定生育权利时，越来越尊重智障女性的意愿和感受

Medical Law International Pub Date : 2021-09-01 DOI: 10.1177/09685332211044730

J. Manning

{"title":"‘Turning up the volume’: Increasing respect for the wishes and feelings of women with intellectual impairment in decisions about their reproductive rights in England and New Zealand","authors":"J. Manning","doi":"10.1177/09685332211044730","DOIUrl":"https://doi.org/10.1177/09685332211044730","url":null,"abstract":"In 2004 a New Zealand Family Court Judge ordered that two extremely serious and irreversible interventions (termination of pregnancy and sterilization) be carried out on a 29-year-old woman, with mild to moderate intellectual disability, over her strenuous objection. Though her appeal was partially successful, an option which both respected her wishes and feelings and in all likelihood better promoted her best interests was not explored. A decade later, another Family Court judge held that it was in the best interests of a young woman with Down syndrome to be sterilized for contraceptive purposes, in spite of her indication that she might wish to have babies one day. The decisions were made under NZ’s adult guardianship legislation, into which courts have incorporated a best interests principle, which they have interpreted broadly. But, in contrast to the Mental Capacity Act 2005 (MCA), NZ’s statute lacks any requirement for decision-makers to take into account the wishes and feelings of the person with mental impairment. That requirement has been the catalyst for a more-empathetic, person-centric interpretation in English case law. Further reform to the MCA is advocated for, which would give formal primacy to P’s wishes and feelings through presumptions or special phrases, as well as requiring a reasoned justification for departing from them. The Convention on the Rights of Persons with Disabilities goes even further: the article 12 right to legal capacity requires respect for the ‘will and preferences’ of people with mental impairments and controversially, according to the UN Committee’s interpretation, requires the replacement of substitute decision-making regimes based on best interests with supported decision-making frameworks based on a person’s will and preferences.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"21 1","pages":"243 - 271"},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42275400","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