Medical Law International最新文献_第8页

Assisted dying reframed in the context of English law’s approach to suicide 在英国法律对自杀的处理方式的背景下，协助死亡被重新定义

Medical Law International Pub Date : 2020-12-01 DOI: 10.1177/0968533220982637

E. Wicks

引用次数: 0

The regulation of midwives in England, c.1500–1902 英国助产士条例，约1500–1902年

Medical Law International Pub Date : 2020-12-01 DOI: 10.1177/0968533220976174

S. Fox, M. Brazier

引用次数: 3

Obstruction and obfuscation: Regulatory barriers to human embryo research in New Zealand 阻碍和混淆:新西兰人类胚胎研究的监管障碍

Medical Law International Pub Date : 2020-12-01 DOI: 10.1177/0968533220984227

J. Snelling

{"title":"Obstruction and obfuscation: Regulatory barriers to human embryo research in New Zealand","authors":"J. Snelling","doi":"10.1177/0968533220984227","DOIUrl":"https://doi.org/10.1177/0968533220984227","url":null,"abstract":"Over the last half-century, significant innovations have occurred in the fields of embryology and human assisted reproduction as a result of human embryo research. This dynamic and ethically complex field is generally subject to extensive regulatory oversight. This article examines New Zealand’s legal framework governing such research. It argues that, despite the core legislative objective of establishing a robust and flexible framework, the current legal regime established under the Human Assisted Reproductive Technology Act 2004 is a classic example of regulatory failure. While not a necessary outcome of the devolved, principles-based regulatory scheme, this failure is primarily due to the perceived lack of authority and independence of the statutory policymaking body established under the Act, as well as the broader regulatory environment in which it operates. It argues that a confluence of problems, including Ministerial overreach as well as a lack of transparency and accountability on the part of decision makers, undermine the legitimacy of the current embryo research policy. This regime not only unjustifiably prevents the conduct of valuable embryo research, but also hinders simple quality improvement practices undertaken in the course of ordinary IVF service provision. This article concludes that, given the significance of embryo research as well as the associated ethical and legal challenges, the issue of embryo research should be remitted back to Parliament to legislate directly as a matter of urgency.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"20 1","pages":"339 - 367"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/0968533220984227","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43925674","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

Unmasked: A comparative analysis of the physician’s ethical and legal duty to treat during a pandemic 无问题：对医生在大流行期间治疗的道德和法律义务的比较分析

Medical Law International Pub Date : 2020-09-01 DOI: 10.1177/0968533220967976

Cristina Pelkas, M. Boisseau

引用次数: 2

The legal and policy considerations of transplanting pediatric thymus regulatory T cells as an immunotherapy in Canada 加拿大儿童胸腺调节性T细胞作为一种免疫疗法的法律和政策考虑

Medical Law International Pub Date : 2020-09-01 DOI: 10.1177/0968533220963157

Blake Murdoch

{"title":"The legal and policy considerations of transplanting pediatric thymus regulatory T cells as an immunotherapy in Canada","authors":"Blake Murdoch","doi":"10.1177/0968533220963157","DOIUrl":"https://doi.org/10.1177/0968533220963157","url":null,"abstract":"Regulatory T cells (Tregs) hold promise for cell-based therapies for autoimmunity and transplant rejection. In Canada, the potential collection, short-term banking, and transplantation of pediatric Tregs left over from surgery raise legal and policy concerns. Tregs likely fall under the definitions of “tissue” found in most provincial donation and transplantation statutes. With the exception of Alberta’s Human Tissue and Organ Donation Act, the fundamental distinction between donation of tissue primarily for transplantation and secondary donation of by-products of a medical intervention undertaken for the benefit of the donor is inadequately addressed in Canadian law. Most statutes prohibit transplantation except in accordance with their provisions and do not contemplate living donation by minors under a specific age. Provinces could amend their legislation in order to properly enable the transplantation of by-products like Tregs from infant donors. This process is relatively ethically uncontroversial, so if common research ethics and privacy concerns can be addressed, it should likely be permitted.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"91 1","pages":"201 - 210"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/0968533220963157","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"65244005","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

Informed consent to clinical research in India: A private law remedy 印度临床研究知情同意：私法补救措施

Medical Law International Pub Date : 2020-09-01 DOI: 10.1177/0968533220958185

Himani Bhakuni

引用次数: 1

Homebirthing in the United Kingdom during COVID-19 新冠肺炎期间在英国的家庭分娩

Medical Law International Pub Date : 2020-09-01 DOI: 10.1177/0968533220955224

E. C. Romanis, Anna Nelson

引用次数: 13

Withdrawal of life-prolonging treatment in the face of severely limited resources: Ethical and legal analysis of the law in Israel 在资源严重有限的情况下撤销延长生命的治疗:以色列法律的伦理和法律分析

Medical Law International Pub Date : 2020-09-01 DOI: 10.1177/0968533220968868

Roy Gilbar, Nili Karako-Eyal

{"title":"Withdrawal of life-prolonging treatment in the face of severely limited resources: Ethical and legal analysis of the law in Israel","authors":"Roy Gilbar, Nili Karako-Eyal","doi":"10.1177/0968533220968868","DOIUrl":"https://doi.org/10.1177/0968533220968868","url":null,"abstract":"The provision of lifesaving treatment subject to severely limited resources can lead to serious moral dilemmas and legal challenges on many levels. The issue becomes particularly acute in a crisis such as the current Covid-19 pandemic. In this context, legal questions arise regarding withdrawal of treatment, particularly withdrawal of ventilation. Israeli law prohibits withdrawal of ventilation, a situation that affects the prioritization criteria for patients who can benefit from ventilation. This issue is discussed in the context of the Covid-19 pandemic where the legal prohibition may lead to a situation in which patients will not have access to ventilators. In addition, a theoretical framework is proposed that includes not only beneficence, nonmaleficence, and distributive justice but also a relational approach to autonomy and justice. We also propose potential solutions under the current legal framework. Based on the legal analysis, it is proposed that Israeli law be amended so that more patients will have access to ventilation during a pandemic. It is argued that clinicians cannot act beneficently to prolong life if they ignore patients’ fundamental rights or the distributional effects of ethical policies. Autonomy and justice and their accompanying liberal and relational perspectives should remain relevant even during a pandemic, a time when resources are scarce.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"20 1","pages":"230 - 255"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/0968533220968868","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48486791","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

Perspectives on autonomy and advance decision-making: A qualitative study based on older people living with frailty and their carers 自主性和提前决策的视角：一项基于体弱老年人及其护理者的定性研究

Medical Law International Pub Date : 2020-06-26 DOI: 10.1177/0968533220927440

L. Bramley, J. Seymour, K. Cox, J. Samanta

引用次数: 3

A global pandemic is not a good time to introduce ‘opt-out’ for organ donation 全球大流行不是引入器官捐赠“选择退出”的好时机

Medical Law International Pub Date : 2020-06-01 DOI: 10.1177/0968533220950002

J. Parsons, G. Moorlock

{"title":"A global pandemic is not a good time to introduce ‘opt-out’ for organ donation","authors":"J. Parsons, G. Moorlock","doi":"10.1177/0968533220950002","DOIUrl":"https://doi.org/10.1177/0968533220950002","url":null,"abstract":"Following several international examples, England introduced a system of deemed consent for organ donation in May 2020. This had been planned for over a year. However, the unprecedented circumstances of the COVID-19 pandemic raise issues that make the timing of this change unfortunate. The planned public awareness campaign has thus far been overshadowed by media coverage of the pandemic, and will likely continue to be, creating a situation in which a significant portion of the population may be unaware of having become potential organ donors. Further, the immediate impact of the new policy is likely to be significantly weakened by the suspension of the majority of organ donation and transplant activity. In this article, we first outline the details of the new model introduced in England, before considering the impact of the pandemic on transplantation services. We put forward three ethical reasons why, given the unprecedented circumstances, the change should have been postponed. We argue that (1) COVID-19 dominating headlines will prevent widespread awareness of the change, thereby undermining the autonomy of those who do not wish to be donors; (2) a lack of transplant activity during the pandemic will make the impact of the change difficult to measure; and (3) trust in the new system may be damaged given controversial decisions regarding Do Not Attempt Cardiopulmonary Resuscitation orders and the allocation of scarce intensive care resources. These reasons combined make for a shaky start at best and present a risk of the new system failing to achieve its desired and essential effect of increasing the number of voluntary organ donors.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"20 1","pages":"155 - 166"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/0968533220950002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49314957","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: 4