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Nursing Management of Intoxicated Persons under Involuntary Legislation in Emergency Departments in Metropolitan Queensland, Australia; A Focused Ethnography Study. 澳大利亚昆士兰州市区急诊科醉酒患者非自愿立法的护理管理一项集中的民族志研究。
IF 0.6
Journal of Law and Medicine Pub Date : 2025-07-01
Simon Llewellyn, Simon Hampshire
{"title":"Nursing Management of Intoxicated Persons under Involuntary Legislation in Emergency Departments in Metropolitan Queensland, Australia; A Focused Ethnography Study.","authors":"Simon Llewellyn, Simon Hampshire","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>This research investigates the nursing management of intoxicated individuals treated under involuntary legislation in the emergency departments (EDs) of metropolitan hospitals in Queensland, Australia. A qualitative research approach was employed, using focused ethnography to conduct interviews with nurses working in these settings. The goal was to gain insight into their experiences with involuntary legislation when caring for patients intoxicated by alcohol. The study examined how ED nurses manage individuals during the intoxication phase, a time when impaired decision-making can lead to risks of self-harm or harm through misadventure. It also explored the legislative options available to nurses and how they implement them for involuntary assessment, treatment, and care. The aim of this research was to offer insight into nurses' perspectives on the current management of intoxication in EDs in Queensland, fostering discussion on what constitutes effective legal decision-making, and encouraging further research and development in this area.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"32 2","pages":"408-416"},"PeriodicalIF":0.6,"publicationDate":"2025-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144973501","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
Lack of Informed Financial Consent by Health Professionals: Uncertainty & Secrecy. 卫生专业人员缺乏知情的财务同意：不确定性和保密。
IF 0.6
Journal of Law and Medicine Pub Date : 2025-07-01
Mike O'Connor, Bill Madden
{"title":"Lack of Informed Financial Consent by Health Professionals: Uncertainty & Secrecy.","authors":"Mike O'Connor, Bill Madden","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Arguably, mandatory consent and informed consent should extend to mandatory informed financial consent (IFC), for all health practitioners where patients will incur costs to avoid the toxic effects of surprise invoices. Broad ethical and conduct guidance can be found in documents such as the 2020 Medical Board of Australia Good Medical Practice Code of Conduct and the 2024 Australian Medical Association (AMA) IFC position statement. The AMA expectation is clear enough that every medical practitioner should ensure that their patients are fully aware of their fees and that they encourage open discussion with their patients about health care costs. This is an example of a positive move towards specific IFC guidance. However, there remain inconsistencies between the codes and, unfortunately, an absence of guidance from some Colleges & Associations. Ahpra (Australian Health Practitioners Regulation Agency) should therefore consider the publication of consistent IFC guidance applicable to all Australian health practitioners.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"32 2","pages":"398-403"},"PeriodicalIF":0.6,"publicationDate":"2025-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144973534","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
Why is it Difficult to Understand the Rules Regulating Veterinary Telemedicine in Australia? 为什么很难理解澳大利亚的兽医远程医疗监管规则？
IF 0.6
Journal of Law and Medicine Pub Date : 2025-07-01
Chris Corns
{"title":"Why is it Difficult to Understand the Rules Regulating Veterinary Telemedicine in Australia?","authors":"Chris Corns","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Despite the importance of veterinary telemedicine, there are no Acts or regulations that regulate the practice in Australia. It has been left to veterinary boards to provide non-statutory guidance in the form of general codes of professional practice and professional standards. Identifying the rules governing veterinary telemedicine is difficult because different sets of laws and rules apply in each jurisdiction and those laws and rules are not always consistent. More specifically, in the absence of a physical examination of the animal by a veterinarian, telemedicine does not fit \"neatly\" into traditional principles of veterinary practice and the regulation of scheduled drugs. All this leads to uncertainty and a lack of clarity. This article explores these issues by examining the key rules in each jurisdiction. Some reference is also made to the equivalent rules governing telehealth (also an unregulated space) for the medical profession.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"32 2","pages":"323-340"},"PeriodicalIF":0.6,"publicationDate":"2025-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144972984","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
How Can the Law Keep Up? The Challenges in Regulating Health Innovations through the Lens of Embryo Research. 法律如何跟上？从胚胎研究的角度调控健康创新的挑战。
IF 0.6
Journal of Law and Medicine Pub Date : 2025-07-01
Tamra Lysaght, Dianne Nicol, Christopher Rudge, Narcyz Ghinea, Bernadette Richards
{"title":"How Can the Law Keep Up? The Challenges in Regulating Health Innovations through the Lens of Embryo Research.","authors":"Tamra Lysaght, Dianne Nicol, Christopher Rudge, Narcyz Ghinea, Bernadette Richards","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Human embryo research can provide important scientific insights to enhance medical knowledge, improve health care and advance human flourishing. This research also poses unresolved legal and ethical questions. Since 2002, Australia has had legislation in place that limits the use of human embryos for research through strict licensing conditions. However, there has been no formal review of these laws in almost 15 years and the scientific landscape has shifted dramatically. The development of stem cell-based embryo models that closely resemble human embryos, and culturing techniques that allow human embryos to be grown to potentially beyond 14-days post-fertilisation, is pushing the limits of the current legislative framework. We argue that a comprehensive review is needed to address recent scientific developments and to better account for contemporary public values.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"32 2","pages":"307-322"},"PeriodicalIF":0.6,"publicationDate":"2025-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144973471","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
Blood, Autonomy and Ethical Practice: Insights from the 2024 European Court of Human Rights Decision of Mulla v Spain. 血液、自治和伦理实践：来自2024年欧洲人权法院Mulla诉西班牙案判决的见解。
IF 0.6
Journal of Law and Medicine Pub Date : 2025-07-01
Ian Freckelton
{"title":"Blood, Autonomy and Ethical Practice: Insights from the 2024 European Court of Human Rights Decision of Mulla v Spain.","authors":"Ian Freckelton","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>This editorial reviews the important decision by the European Court of Human Rights in Pindo Mulla v Spain (17 September 2024) (Pindo Mulla). It identifies the reasoning process of the Grand Chamber in adopting an analysis consistent with the 1990 decision of the Ontario Court of Appeal in Malette v Shulman (1990) 67 DLR (4th) 321 that, when an adult is competent, they are entitled to make autonomous decisions, including by an advance care directive, about matters such as administration of blood products, even though their decision will foreseeably have highly adverse consequences for their health and even for their survival. The emphasis placed by the Grand Chamber on the entitlement to autonomous decision-making by adult patients as entitlement to the right to respect for private life, viewed in light of the right to freedom of religions is likely to have significant ramifications in reducing the potential for paternalist decision-making in a variety of cases where patients indicate that they reject certain forms of treatment. The editorial reviews practical clinical and administrative challenges raised by the Pindo Mulla case and recommendations made by a 2025 New South Wales coronial decision directed toward addressing some of the issues.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"32 2","pages":"217-233"},"PeriodicalIF":0.6,"publicationDate":"2025-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144973463","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
Re Devin - The Gender-affirming Care and Treatment Model and the "Best Interests" of an 11-year-old Child. 11岁儿童的性别肯定护理和治疗模式与“最佳利益”。
IF 0.6
Journal of Law and Medicine Pub Date : 2025-07-01
Russ Scott
{"title":"Re Devin - The Gender-affirming Care and Treatment Model and the \"Best Interests\" of an 11-year-old Child.","authors":"Russ Scott","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>In Re Devin [2025] the Family Court of Australia considered a case of an 11-year old biologically male child whose mother argued was gender dysphoric and should be prescribed puberty blockers. Strum J found that despite the child attending for six years, the gender clinic failed to make a diagnosis of gender dysphoria until court proceedings had commenced. He also raised concerns about the Australian Standards of Care and Treatment Guidelines of the Royal Children's Hospital Melbourne which endorsed a gender-affirming model of care. In finding that gender dysphoria could be influenced by external factors, Strum J was critical of the expert witnesses called by the mother whose model of care to gender affirm \"unreservedly\" was an \"oddly binary approach.\" Strum J held that in exercising its jurisdiction, the Family Court was not concerned with the cause of transgender people, but only with what was in the best interests of the child.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"32 2","pages":"260-293"},"PeriodicalIF":0.6,"publicationDate":"2025-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144973484","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
Expert Opinion and the Rise of Consumer Representatives. 专家意见与消费者代表的兴起。
IF 0.6
Journal of Law and Medicine Pub Date : 2025-07-01
Kavisha Shah
{"title":"Expert Opinion and the Rise of Consumer Representatives.","authors":"Kavisha Shah","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Consumer expertise is increasingly being leveraged in health service improvement to enhance patient satisfaction and experiences of care given the disparities in consumer and clinical prioritisation of health outcomes and treatment preferences. The value of experiential expertise is slowly being discovered in legal disputes with the involvement of consumers in health complaint investigations, but consumer perspectives remain underutilised in findings of law. This article explores whether expert opinion evidence could be tendered by consumer representatives in medical litigation and whether it should be recognised to minimise perceived (or actual) injustice against patients and their carers maligned as lay people in the judicial system. This theoretical exercise concludes that experiential expertise could qualify as expert opinion evidence, and this recognition would afford greater credibility to judicial decisions in line with recognised principles of procedural fairness.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"32 2","pages":"374-381"},"PeriodicalIF":0.6,"publicationDate":"2025-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144973505","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
Support for Refugee Doctors Seeking Legal Entitlement to Practise Medicine in the United Kingdom: A Model for Australia. 支持难民医生在英国寻求合法行医资格：澳大利亚的榜样。
IF 0.6
Journal of Law and Medicine Pub Date : 2025-07-01
Gabrielle Wolf
{"title":"Support for Refugee Doctors Seeking Legal Entitlement to Practise Medicine in the United Kingdom: A Model for Australia.","authors":"Gabrielle Wolf","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>In Australia, there are not enough doctors practising medicine in certain locations and specialties to meet demand. To address these shortages, Australia is attempting to encourage more international medical graduates (IMGs) to immigrate. Yet a cohort of IMGs already in Australia is not currently practising medicine: doctors from a refugee or asylum-seeker background (refugee doctors). Research has confirmed that refugee doctors can face substantial obstacles to attaining legal entitlement to practise medicine in Australia, yet they receive little coordinated support in overcoming them. Legal preconditions for registration of medical practitioners in the United Kingdom and Australia are similar, but in contrast to Australia, the United Kingdom has experimented with a broad range of significant initiatives to assist refugee doctors. This article analyses relevant laws and policies in both countries and the support provided to refugee doctors in meeting them, and makes recommendations for Australia to emulate the United Kingdom's model.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"32 2","pages":"234-259"},"PeriodicalIF":0.6,"publicationDate":"2025-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144972961","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
Interprofessional Learning with Law and Medicine: "In Reality, No Profession Is an Island". 跨专业学习与法律和医学：“在现实中，没有职业是一座孤岛”。
IF 0.6
Journal of Law and Medicine Pub Date : 2025-07-01
Josephine Suzanne Thomas, Adelaide Boylan, Ashna Khalid
{"title":"Interprofessional Learning with Law and Medicine: \"In Reality, No Profession Is an Island\".","authors":"Josephine Suzanne Thomas, Adelaide Boylan, Ashna Khalid","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Students of medicine and law rarely interact during their tertiary education. They hold stereotypical views which may impede their collaboration in the workplace. The aim of our study was to explore the impact of law and medicine students learning together in a simulated interprofessional learning (IPL) activity. Students enrolled in the final year of a Medicine program, and in a Bachelor of Laws program participated in an interprofessional simulation case workshop and guided reflection. Data comprised the written reflections of consenting students and were analysed using an inductive thematic analysis approach. Three main themes were identified: New perspectives; Our goals are very similar; and IPL prepares us for the workplace. Contact with the other profession is effective in challenging perceptions and attitudes, developing a more positive view on how they may collaborate in a health care context. IPL between medicine and law can assist both groups in developing their readiness to commence work.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"32 2","pages":"417-426"},"PeriodicalIF":0.6,"publicationDate":"2025-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144973509","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
Gendered Medical Harm through the Lens of the Australian Pelvic Mesh Litigation. 从澳大利亚骨盆网诉讼的视角看性别医疗伤害。
IF 0.6
Journal of Law and Medicine Pub Date : 2025-07-01
Maryanne Balkin
{"title":"Gendered Medical Harm through the Lens of the Australian Pelvic Mesh Litigation.","authors":"Maryanne Balkin","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The unprecedented scale of the pelvic mesh litigation in Australia highlights the devastating consequences of gendered health harm. Of the multiple class actions, only Ethicon Sàrl v Gill (2021) 288 FCR 338; [2021] FCAFC has run to final judgment. This decision validated the harm experienced by the representative plaintiffs and drew attention to the inherent misogyny associated with health conditions which affect women differently, disproportionately or uniquely. It is increasingly apparent that women's health has always been understudied and underfunded, and this contributes to a gender bias in medical education. Consequently, women suffer higher rates of misdiagnosis, undertreatment, unsafe stereotyping and preventable harm compared to men. Moreover, substandard health care for women arguably becomes most pronounced when considering female-specific pathology. This harm can be exacerbated by inadequate legal remedies and adversarial legal processes that risk reinforcing gendered harm.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"32 2","pages":"341-351"},"PeriodicalIF":0.6,"publicationDate":"2025-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144973543","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
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