Medical Law International最新文献_第9页

Rapid development of a Clinical Decision-Making Committee in a UK paediatric hospital during the COVID-19 pandemic 新冠肺炎大流行期间英国一家儿科医院临床决策委员会的快速发展

Medical Law International Pub Date : 2020-06-01 DOI: 10.1177/0968533220953185

R. Turnock, W. Weston, Nicki Murdock, A. Alghrani, C. Mallucci, A. Selby, A. Darbyshire, A. Hughes

{"title":"Rapid development of a Clinical Decision-Making Committee in a UK paediatric hospital during the COVID-19 pandemic","authors":"R. Turnock, W. Weston, Nicki Murdock, A. Alghrani, C. Mallucci, A. Selby, A. Darbyshire, A. Hughes","doi":"10.1177/0968533220953185","DOIUrl":"https://doi.org/10.1177/0968533220953185","url":null,"abstract":"To date, the Government has not issued any national ethical guidance to support clinical decision-making in England during periods of potentially reduced healthcare resources in the context of the evolving COVID-19 1 pandemic at the time of writing. In the ensuing vacuum left by a lack of national guidance, ethical frameworks and approaches have been drafted by professional bodies, individual hospitals and trusts. It is clear that in delivering healthcare during this pandemic, more specific guidance is needed to ensure fair and consistent allocation policies, to attain public trust and confidence and to support clinicians so that decisions do not fall on them to make alone and unsupported. This article sets out how we in our institution, a UK tertiary and secondary level stand-alone paediatric provider Trust, set up a Clinical Decision-Making Committee to inform proactive clinical and ethical decision-making, to ensure that all patients are treated appropriately and fairly during these unprecedented times.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"20 1","pages":"167 - 180"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/0968533220953185","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48627928","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

Informing patients: The Bolam legacy 告知病人:波拉姆的遗产

Medical Law International Pub Date : 2020-06-01 DOI: 10.1177/0968533220954228

E. Cave, C. Milo

引用次数: 6

Artificial intelligence in clinical decision-making: Rethinking liability 人工智能在临床决策中的责任反思

Medical Law International Pub Date : 2020-06-01 DOI: 10.1177/0968533220945766

Helen Smith, K. Fotheringham

引用次数: 26

No harm, no foul? Body integrity identity disorder and the metaphysics of grievous bodily harm 没有伤害，没有犯规？身体完整性身份障碍与严重身体伤害的形而上学

Medical Law International Pub Date : 2020-03-01 DOI: 10.1177/0968533220934529

R. Gibson

{"title":"No harm, no foul? Body integrity identity disorder and the metaphysics of grievous bodily harm","authors":"R. Gibson","doi":"10.1177/0968533220934529","DOIUrl":"https://doi.org/10.1177/0968533220934529","url":null,"abstract":"Sufferers of body integrity identity disorder (BIID) experience a severe, non-delusional mismatch between their physical body and their internalised bodily image. For some, healthy limb amputation is the only alleviation for their significant suffering. Those who achieved an amputation, either self-inflicted or via surgery, often describe the procedure as resulting in relief. However, in England, surgeons who provide ‘elective amputations’ could face prosecution for causing grievous bodily harm (GBH) under section 18 of the Offences Against the Persons Act 1861. Whether such a therapeutic intervention should be classified as GBH depends on the presence of harm, as, without harm, it is hard to argue that GBH has occurred. However, there is no agreed-upon definition of what constitutes harm. Such a definitional absence then begs the question, what is harm? It is this question which this article addresses, using the provision of healthy limb amputation in cases of BIID as an example. Drawing on metaphysics, this article will seek to clarify three separate contemporary models of harm: the counter-temporal, the counterfactual, and the non-comparative. Each model will be applied to the scenario of a surgeon carrying out a BIID-induced, therapeutic, healthy limb amputation, and in each, how harm may, or may not, be understood to have been caused will be explored. It concludes that an unexamined conception of harm is ill-equipped for employment in suspected cases of GBH when it is unclear whether harm has been caused and that a better-informed understanding of harm is required in cases where there is potential disagreement, be that in instances of BIID or a myriad of other borderline scenarios.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"20 1","pages":"73 - 96"},"PeriodicalIF":0.0,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/0968533220934529","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44041441","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

Book review: Self-Ownership, Property Rights, and the Human Body: A Legal and Philosophical Analyses 书评：自主权、产权与人体：法律与哲学分析

Medical Law International Pub Date : 2020-03-01 DOI: 10.1177/0968533220915756

Neil Maddox

{"title":"Book review: Self-Ownership, Property Rights, and the Human Body: A Legal and Philosophical Analyses","authors":"Neil Maddox","doi":"10.1177/0968533220915756","DOIUrl":"https://doi.org/10.1177/0968533220915756","url":null,"abstract":"The human body is quite the normative puzzle. It raises many ‘ought’ questions for the lawyer and ethicist that are not easily answered. Can existing law, which is old and slow to evolve, adequately adapt to changes in the medico-legal landscape, wrought by technology that is new and rapidly evolving? In such an everchanging landscape, can the body and its parts and products sit neatly in an existing legal category or would this be putting new wine in old bottles; does it instead merit a category all of its own? How can property, an institution that developed to address very different problems than those posed by modern biotechnology, possibly be of use? These are but some of the questions addressed by Professor Quigley in this magisterial work of scholarship concerned with ownership and the body, a work which harnesses and synthesises much legal, ethical and philosophical debate in aid of its argument, but remains an eminently readable account of a fascinating (and hotly contested) area of scholarly inquiry. ‘Property’, as Penner notes, ‘is a bore . . . an annoying old idea that, given half the chance, will sit down beside you and maunder on about its past glory. Mention something topical though and property will be at a loss’. Not so, says Quigley, (and ultimately Penner too I might add!), property gives us an established and pragmatic framework for dealing with things and a comprehensive set of doctrines for dealing with such core issues as the allocation of rights and the transfer of these rights. The key question, which comes through forcefully in the book, is not whether we should recognise property rights in human biomaterials – medical professionals, hospitals, researchers and clinics already exercise such rights – it is whether such rights should be extended","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"20 1","pages":"100 - 97"},"PeriodicalIF":0.0,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/0968533220915756","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42492594","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

Abortion law reform in Europe: The 2018 Belgian and Irish Acts on termination of pregnancy 欧洲堕胎法改革：2018年比利时和爱尔兰终止妊娠法案

Medical Law International Pub Date : 2020-03-01 DOI: 10.1177/0968533220920335

F. De Meyer

引用次数: 1

Promoting public confidence in the medical profession: Learning from the case of Dr. Bawa-Garba 促进公众对医疗职业的信心:从Bawa-Garba医生的案例中吸取教训

Medical Law International Pub Date : 2020-03-01 DOI: 10.1177/0968533220933788

Paula Case, G. Sharma

{"title":"Promoting public confidence in the medical profession: Learning from the case of Dr. Bawa-Garba","authors":"Paula Case, G. Sharma","doi":"10.1177/0968533220933788","DOIUrl":"https://doi.org/10.1177/0968533220933788","url":null,"abstract":"In a 2015 prosecution which divided public opinion, Dr Bawa-Garba was convicted of gross negligence manslaughter and sentenced to 2-years’ imprisonment, suspended for 2 years. The post-conviction litigation which sought to determine whether and when Dr Bawa-Garba could return to clinical practice threatened to destabilise the already fragile relationship between the medical profession and its regulator, the General Medical Council. At the heart of this litigation lay the regulator’s quest to maintain and promote public confidence in the profession, in a case where the doctor concerned was not regarded as posing a future risk to patient safety. Using the Bawa-Garba litigation, this commentary examines the position and use of the nebulous concept of ‘public confidence’ within the fitness to practise framework for doctors. Although the authors’ observations arise specifically from a case decided in the UK, ‘public confidence’ is a touchstone concept in professional regulation regimes around the world and so these observations have relevance beyond this jurisdiction. The authors argue that, for too long, use of the rhetoric of public confidence in the regulation of the medical profession has been characterised by an unsatisfactory lack of transparency, excessive deference by the courts to regulatory tribunals and that research is increasingly signalling that instinctual ‘expert’ judgements on the issue of ‘what the public think’ may be unreliable.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"20 1","pages":"58 - 72"},"PeriodicalIF":0.0,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/0968533220933788","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48896254","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

Does implicit healthcare rationing impose an unfair legal burden on doctors? A study of Portuguese jurisprudence 隐性医疗配给是否给医生带来了不公平的法律负担?对葡萄牙法学的研究

Medical Law International Pub Date : 2020-03-01 DOI: 10.1177/0968533220927441

Eva Dias Costa, Micaela Pinho

引用次数: 0

Advance decisions, welfare attorneys and statements of wishes: The belt, braces and corset approach to advance care planning 提前决定，福利律师和愿望声明:皮带，背带和紧身胸衣提前护理计划的方法

Medical Law International Pub Date : 2019-12-16 DOI: 10.1177/0968533219884092

J. Samanta

引用次数: 0

Tafida Raqeeb v. Barts NHS Foundation Trust and Others [2019]: Bolstering the argument for mediation Tafida Raqeeb诉Barts NHS基金会信托和其他人【2019】：支持调解的论点

Medical Law International Pub Date : 2019-12-01 DOI: 10.1177/0968533220902258

David I. Benbow

{"title":"Tafida Raqeeb v. Barts NHS Foundation Trust and Others [2019]: Bolstering the argument for mediation","authors":"David I. Benbow","doi":"10.1177/0968533220902258","DOIUrl":"https://doi.org/10.1177/0968533220902258","url":null,"abstract":"The Tafida Raqeeb case comprised both a judicial review and a determination of Tafida’s best interests. The judicial review concerned Barts Health NHS Trust’s (Barts) decision not to permit Tafida’s parents to transfer her to Gaslini Children’s Hospital (GCH) in Genoa, Italy. Barts requested that a judge declare that the proposed transfer was not in Tafida’s best interests. In the High Court, MacDonald J’s ruling on the judicial review element of the case was that Barts had not acted unlawfully. In the best interests determination, MacDonald J deemed that continued treatment was in Tafida’s best interests, hence Tafida’s parents would be permitted to transfer her to GCH. Although medical views of best interests tend to prevail in these types of cases, the Raqeeb case, like other previous cases where judges have found in favour of parents, demonstrates that the best interests test is not designed to override the wishes of parents, as its detractors allege, but is flexible enough to allow judges to weigh competing factors in making a determination. In the Raqeeb case, in the absence of clear evidence regarding pain and suffering, subjective factors were accorded more weight within the balancing exercise. I argue that the best interests test should be retained and that a reform affording parents a ‘right to try’ should not be adopted, as this may prolong the pain and suffering of some infants. Nonetheless, the Raqeeb case demonstrates the lack of dialogue between parents and clinicians, in some cases. It therefore bolsters the argument that mediation should be offered in these types of cases.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"19 1","pages":"298 - 308"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/0968533220902258","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44234753","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