Journal of Law and Medicine最新文献

Does Australian Law Offer the Controls Needed to Meet Public Concerns with Commercial Use of Genomic Data? 澳大利亚法律是否提供了必要的控制，以满足公众对基因组数据商业使用的担忧？

IF 0.6

Journal of Law and Medicine Pub Date : 2025-06-01

David Lind, Mark Taylor, Dianne Nicol, Jarrod Walshe, Brad Elphinstone

引用次数: 0

Destination or Journey? What Constitutes Successful Advance Care Planning? 目的地还是旅程？什么构成了成功的预先护理计划？

IF 0.6

Journal of Law and Medicine Pub Date : 2025-06-01

John Chesterman, Catherine Joyce

引用次数: 0

Tendency Evidence in Tribunal Disciplinary Proceedings. 审裁处纪律程序中的倾向证据。

IF 0.6

Journal of Law and Medicine Pub Date : 2025-06-01

Chris Corns

{"title":"Tendency Evidence in Tribunal Disciplinary Proceedings.","authors":"Chris Corns","doi":"","DOIUrl":"","url":null,"abstract":"Evidence that a health practitioner, on some other occasion, engaged in conduct similar to the conduct alleged in current disciplinary proceedings, is both prejudicial to the practitioner and potentially highly probative. The admissibility of such evidence (usually referred to as \"tendency evidence\") is highly prescribed in criminal and civil court proceedings pursuant to statutory rules and common law cases. These rules attempt to achieve a reasonable balance between prejudicial effect and probative value. However, tribunals are not bound to follow rules of evidence and tribunal disciplinary proceedings have different objectives and functions than court proceedings. Further, it has generally been understood that tribunals are not expected to make complex legal rulings concerning the admissibility of disputed evidence. There is some evidence that national boards are becoming more willing to attempt to adduce tendency evidence in cases involving sexual misconduct on the part of health practitioners. This article examines how tribunals have dealt with applications by national boards to adduce tendency evidence and how such evidence is used by tribunals given that tribunals are not bound to follow statutory rules of evidence which apply in the courts.","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"32 1","pages":"198-206"},"PeriodicalIF":0.6,"publicationDate":"2025-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144250202","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 Medical Consent Personal? 为什么医疗同意是个人的？

IF 0.6

Journal of Law and Medicine Pub Date : 2025-06-01

Albert Pielak

引用次数: 0

Applying Duties to Oversee AI to Medical Practitioners in Australia. 对澳大利亚医疗从业者实施监督人工智能的职责。

IF 0.6

Journal of Law and Medicine Pub Date : 2025-06-01

Mark Nevin, Sandra Lj Johnson

引用次数: 0

Desktop Legal Research and Human Ethics Review: Problems of Juridification and "Ethics-Creep". 桌面法律研究与人类伦理检讨：正当化与“伦理蠕变”问题。

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Journal of Law and Medicine Pub Date : 2025-06-01

Cameron Stewart, Christopher Rudge, George F Tomossy, Ian Kerridge

引用次数: 0

The Silent Partner: A Narrative Review of AI's Impact on Informed Consent. 沉默的伙伴：人工智能对知情同意影响的叙述回顾。

IF 0.6

Journal of Law and Medicine Pub Date : 2025-06-01

Julia van den Heuvel, Anthony Porter, Emily Kirkpatrick, Johan Verjans, Sandeep Reddy, Ian Freckelton

{"title":"The Silent Partner: A Narrative Review of AI's Impact on Informed Consent.","authors":"Julia van den Heuvel, Anthony Porter, Emily Kirkpatrick, Johan Verjans, Sandeep Reddy, Ian Freckelton","doi":"","DOIUrl":"","url":null,"abstract":"The integration of artificial intelligence (AI) into health care presents significant challenges for traditional informed consent practices. This review examines the legal and ethical implications of using AI in clinical decision-making, with a focus on maintaining transparency and respecting patient autonomy. While the legal framework for informed consent remains clear - requiring clinicians to provide sufficient information on material risks and likely outcomes - the complexity of AI introduces nuances that demand adaptation. Unlike surgical consent, where decisions are directly tied to human judgment, AI systems analyse vast datasets and identify patterns beyond human comprehension, complicating clinicians' ability to provide clear explanations. However, this does not necessitate a complete overhaul of informed consent but, rather, careful reassessment. Practical approaches include tiered consent protocols tailored to AI complexity and enhanced clinician education to bridge the communication gap. By addressing these challenges, informed consent can evolve to support ethical AI integration while preserving patient trust and decision-making.","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"32 1","pages":"74-84"},"PeriodicalIF":0.6,"publicationDate":"2025-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144250204","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 Evidence by Medical Practitioners: Fresh, Clear and Authoritative Australian Jurisprudence on Admissibility Criteria. 医生的专家意见证据：关于可采性标准的新鲜、清晰和权威的澳大利亚判例。

IF 0.6

Journal of Law and Medicine Pub Date : 2025-06-01

Ian Freckelton

{"title":"Expert Opinion Evidence by Medical Practitioners: Fresh, Clear and Authoritative Australian Jurisprudence on Admissibility Criteria.","authors":"Ian Freckelton","doi":"","DOIUrl":"","url":null,"abstract":"This editorial contextualises by reference to prior appellate case law the important decision of the Australian High Court in Lang v The Queen (2023) 278 CLR 323; [2023] HCA 29 in relation to the admissibility of expert opinion evidence. It chronicles the convergence of statutory and common law requirements for the reception of evidence by experts and analyses the requirement for clear delineation of the bases of expert evidence, assumptions made and reasoning utilised. This approach prioritises presentation of expert opinions in such a way that they can be evaluated effectively by the trier of fact. However, it does not incorporate the yardstick of reliability of expert opinions as a precondition for expert evidence to be admitted, in spite of international precedents for not just requiring such a precondition but providing useful indicia for evaluating reliability. There are good reasons for following precedents such as those existing in the United States, England and Wales and Canada. However, it appears that such a reform to Australian evidence law is only likely after a clear miscarriage of justice that provides an irresistible fillip to statutory amendment to admissibility criteria.","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"32 1","pages":"5-24"},"PeriodicalIF":0.6,"publicationDate":"2025-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144250198","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

Review of the Voluntary Assisted Dying Act 2019 (WA): Research Report. 2019年自愿协助死亡法案审查（WA）：研究报告。

IF 0.6

Journal of Law and Medicine Pub Date : 2025-06-01

Lindy Willmott, Ben P White, Casey M Haining

引用次数: 0

The Ageing Surgeon: Unmasking Impairment. 衰老外科医生：揭露损伤。

IF 0.6

Journal of Law and Medicine Pub Date : 2025-06-01

Mick O'Connor, Bill Madden

{"title":"The Ageing Surgeon: Unmasking Impairment.","authors":"Mick O'Connor, Bill Madden","doi":"","DOIUrl":"","url":null,"abstract":"Australian age-related anti-discrimination laws prevent discrimination in the workplace on grounds of age alone. However, the ageing surgeon can face physical and cognitive challenges which may threaten patient safety. In 2023 8.4% of Australian surgeons and 8.8% of general practitioners were aged 70 years or older. On 7 August 2024, the Medical Board of Australia (MBA) released a consultation paper seeking comment from the medical profession and the wider community on health checks for late career doctors (aged 70 years and older) to consider whether additional safeguards are needed. The MBA's preferred option is to introduce general health checks by a general practitioner for doctors aged 70 and older, to support early detection of concerns with the opportunity for management before the public is at risk. The proposal would require doctors from the age of 70 years to undergo general health checks with their general practitioner (GP) or another doctor every three years, and yearly from 80 years of age. Other options are to compel extensive and detailed \"fitness to practise\" assessment for all doctors aged 70 and older, to be conducted by specialist occupational physicians, or to maintain the status quo, which is essentially a self-reporting requirement.","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"32 1","pages":"25-35"},"PeriodicalIF":0.6,"publicationDate":"2025-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144250203","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