Medical Law International最新文献_第7页

Regulating patient safety during hospital discharges: Casting the Patient Safety Commissioner as the Representative of Order 规范出院期间的患者安全：任命患者安全专员为秩序代表

Medical Law International Pub Date : 2021-06-11 DOI: 10.1177/09685332211023531

V. L. Moore

引用次数: 1

Over-the-counter sales of antibiotics for human use in India: The challenges and opportunities for regulation 印度人用抗生素的非处方销售:监管的挑战和机遇

Medical Law International Pub Date : 2021-06-01 DOI: 10.1177/09685332211020786

G. Porter, A. Kotwani, L. Bhullar, Jyoti Joshi

{"title":"Over-the-counter sales of antibiotics for human use in India: The challenges and opportunities for regulation","authors":"G. Porter, A. Kotwani, L. Bhullar, Jyoti Joshi","doi":"10.1177/09685332211020786","DOIUrl":"https://doi.org/10.1177/09685332211020786","url":null,"abstract":"This article assesses the regulatory framework relating to over-the-counter (OTC) sales of antibiotics for human use in India. The OTC sale of antibiotics is recognised as a pathway for the emergence of antimicrobial resistance (AMR); a serious public health challenge in need of urgent regulatory responses. Analytically, this article identifies opportunities within existing laws in India and highlights gaps that need to be filled by modifying existing laws or developing new ones. Conceptually, it suggests a need to reflect on the limits of traditional, top-down, ‘command-and control’ regulation and to think about alternative approaches. The article therefore advocates for an approach to regulation that incorporates two elements. First, it argues for a broader concept of regulation that encompasses binding as well as non-binding regulatory instruments and initiatives aimed at influencing stakeholder behaviour (including soft regulation, economic incentives, information campaigns and uses of technology). Second, it makes the case for enhanced stakeholder participation in regulatory design. The article will be relevant for health policy and drug regulators in India and other low- and middle-income countries, as well as legal scholars, social scientists and others interested in the regulation of OTC sales of antibiotics for AMR containment.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"21 1","pages":"147 - 173"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/09685332211020786","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45375498","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: 16

Management of ‘disorders of sex development’/intersex variations in children: Results from a freedom of information exercise 儿童“性发育障碍”/双性变异的管理：信息自由活动的结果

Medical Law International Pub Date : 2021-06-01 DOI: 10.1177/09685332211003636

Fae Garland, Michael Thomson, Mitchell Travis, Joshua Warburton

{"title":"Management of ‘disorders of sex development’/intersex variations in children: Results from a freedom of information exercise","authors":"Fae Garland, Michael Thomson, Mitchell Travis, Joshua Warburton","doi":"10.1177/09685332211003636","DOIUrl":"https://doi.org/10.1177/09685332211003636","url":null,"abstract":"Non-therapeutic medical interventions on the bodies of children born with disorders of sex development (DSD)/intersex variations have been subject to increasing critical scrutiny. In response to recent criticism directed at the United Kingdom, and early moves to consider reform, we report on a freedom of information exercise that sought to evaluate whether National Health Service England is meeting international standards on optimal clinical management of DSD/intersex variations. The study explored what medical protocols are being followed to help inform potential reform, particularly with regard to non-therapeutic surgery. While the exercise revealed limited examples of promising practice, current protocols in the majority of Trusts appear unlikely to meet the complex needs of these children. We identify areas where significant improvement is needed, including data management, consistency in guideline use, composition of multidisciplinary teams and addressing disciplinary hierarchies within teams. These concerns sharpen criticisms of the lack of recognition of children’s rights in this context.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"21 1","pages":"116 - 146"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/09685332211003636","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42182932","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: 15

Pathogenic viruses as a global commons: The shared responsibility of pandemics 致病性病毒作为全球公域:大流行病的共同责任

Medical Law International Pub Date : 2021-05-07 DOI: 10.1177/09685332211013392

Tessa Sze-Myn Teo

引用次数: 0

Legal Forms of Application of Artificial Intelligence in Medicine 人工智能在医学中应用的法律形式

Medical Law International Pub Date : 2021-03-18 DOI: 10.18572/1813-1239-2021-2-8-13

V. Laptev

引用次数: 0

The ECtHR’s first advisory opinion: Implications for cross-border surrogacy involving male intended parents 欧洲人权委员会的第一份咨询意见:对涉及男性意向父母的跨境代孕的影响

Medical Law International Pub Date : 2021-03-01 DOI: 10.1177/09685332211002592

L. Bracken

引用次数: 0

National Immunization Technical Advisory Groups (NITAGs): A schema for evaluating and comparing foundation instruments and NITAG operations 国家免疫技术咨询小组(NITAGs):评估和比较基础工具和NITAG操作的方案

Medical Law International Pub Date : 2021-03-01 DOI: 10.1177/09685332211002594

S. Harmon, D. Faour, N. MacDonald

{"title":"National Immunization Technical Advisory Groups (NITAGs): A schema for evaluating and comparing foundation instruments and NITAG operations","authors":"S. Harmon, D. Faour, N. MacDonald","doi":"10.1177/09685332211002594","DOIUrl":"https://doi.org/10.1177/09685332211002594","url":null,"abstract":"The individual and community health benefits of vaccination have received significant attention and are now well understood. However, much less is known about immunization as a regulated space, its principles and standards and its institutions and instruments. In 2011, the World Health Organization (WHO) recommended that National Immunization Technical Advisory Groups (NITAGs) be established in each member country. NITAGSs are envisioned as independent, multidisciplinary expert groups within the national immunization framework, tasked with providing evidence-based evaluations and recommendations to governmental decision-makers about specific vaccines, vaccine-dosing, vaccine program development and immunization policy and practice more generally. As of 2020, 171 WHO countries have formed NITAGs. The widespread formation of NITAGs has highlighted an absence of sustained scholarship around immunization as a policy area subject to law, and it has given rise to many governance and operational questions. In 2017, for example, representatives of the Global NITAG Network (GNN) agreed that there is insufficient understanding of the impact of law on the functioning of NITAGs. Similarly, the Strategic Advisory Group of Experts on Immunization called for research into the variety of ways in which legislation and regulation have been used to promote immunization at a national level and to achieve different ends in relation to immunization and NITAG functioning. In answer to this call, the NITAG Environmental Scan (Project) was initiated. Drawing on scholarship around good governance, this article offers a comprehensive common assessment schema for critically and systematically approaching questions about NITAG governance and operation, applying that schema to the foundation instrument of the Côte d’Ivoire’s NITAG. It also reports on how well the schema is engaged by the NITAG foundation instruments in other GNN countries.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"21 1","pages":"69 - 98"},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/09685332211002594","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41471177","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: 5

Prescribing unapproved medical devices? The case of DIY artificial pancreas systems. 开未经批准的医疗器械?DIY人工胰腺系统的案例。

Medical Law International Pub Date : 2021-03-01 Epub Date: 2021-04-12 DOI: 10.1177/0968533221997510

Joseph T F Roberts, Victoria Moore, Muireann Quigley

引用次数: 14

‘Our legal responsibility…to intervene on behalf of the child’: Recognising public responsibilities for the medical treatment of children “我们的法律责任……代表儿童进行干预”:承认公共对儿童医疗的责任

Medical Law International Pub Date : 2021-02-19 DOI: 10.1177/0968533221993507

J. Bridgeman

{"title":"‘Our legal responsibility…to intervene on behalf of the child’: Recognising public responsibilities for the medical treatment of children","authors":"J. Bridgeman","doi":"10.1177/0968533221993507","DOIUrl":"https://doi.org/10.1177/0968533221993507","url":null,"abstract":"This article argues for recognition of public responsibilities to protect the welfare of children with respect to decisions affecting their health and medical treatment. As the quote in the title of this article, from David Plank, the Director of Social Services responsible for bringing the case of Baby Alexandra before the courts, identifies, early cases concerning children’s medical treatment were brought by local authorities to determine responsibilities to protect the welfare of children. In cases such as Re B (1981), Re J (1990) and Re W (1992), the court was asked not only to determine the child’s best interests but also to clarify the duties of the local authority, Trust, court and child’s parents to the child. The respective duties established apply to all involved in cases brought before the courts on the question of a child’s future medical treatment, whether or not the child is in the care of the state. Recent cases concerning the medical treatment of seriously ill children have involved claims of parental authority to determine the care of their child. To the contrary, this article argues that court involvement is required when parents are disagreed with the child’s treating doctors over the child’s medical treatment because of public as well as parental and professional responsibilities for the welfare of all children.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"21 1","pages":"19 - 41"},"PeriodicalIF":0.0,"publicationDate":"2021-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/0968533221993507","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44760964","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

Death caused by negligent medical care: Reconsidering the role of gross negligence manslaughter in the aftermath of Bawa-Garba 过失医疗造成的死亡:重新考虑巴瓦-加尔巴事件后重大过失杀人罪的作用

Medical Law International Pub Date : 2021-02-11 DOI: 10.1177/0968533221992838

A. Samanta, J. Samanta

{"title":"Death caused by negligent medical care: Reconsidering the role of gross negligence manslaughter in the aftermath of Bawa-Garba","authors":"A. Samanta, J. Samanta","doi":"10.1177/0968533221992838","DOIUrl":"https://doi.org/10.1177/0968533221992838","url":null,"abstract":"Gross negligence manslaughter is a well-established common law offence in English jurisdiction. Nevertheless, it remains a troubled area of law. Academic commentators, as well as the Law Commission, have frequently called for reform. We explore this offence through the prism of medical manslaughter and argue that the offence is insufficiently nuanced in certain situations of death caused by gross negligence. This applies particularly to complex professional circumstances where a coalescence of inter-linking factors may converge with disastrous results for the parties concerned. Using the clinical care model as an exemplar, we argue that relentless focus on the offender can result in a disproportionately high level of blame being foisted on an individual. On the basis of decision theory, we suggest that insufficient regard may be given to confounding contextual matters. Failure to address underlying systemic factors may impede wider patient safety initiatives such as professional medical candour and strategies designed for institutional improvements directed at broader societal benefit. We offer an alternative approach based upon principles of fair attribution of blame and transparency. A new statutory offence is suggested for a fault-based standard that is set by law that gives greater prominence to contextual matters. We argue for wider disposal options that include ancillary court orders for rectification of systems failures and more proactive engagement of the coronial process.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"21 1","pages":"293 - 320"},"PeriodicalIF":0.0,"publicationDate":"2021-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/0968533221992838","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42508150","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