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'Truly, Madly, Deeply': Using Law to Compel Health and Lifestyle Influencers to Tell the Truth. “真实、疯狂、深刻”：用法律迫使影响健康和生活方式的人说实话。
IF 0.6
Journal of Law and Medicine Pub Date : 2024-11-01
Aaron Salter, Marilyn Bromberg
{"title":"'Truly, Madly, Deeply': Using Law to Compel Health and Lifestyle Influencers to Tell the Truth.","authors":"Aaron Salter, Marilyn Bromberg","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Influencers are content creators who post online about their lives and can amass a significant following. Influencers can be dangerous by negatively affecting their followers' body image and marketing products in a deceptive way. The limited academic writings which consider influencer regulation note an incongruency between influencer conduct and the corresponding regulatory system. This has been recognised by the Australian Competition and Consumer Commission which has flagged potential reforms. Similarly, the United Kingdom is conducting a review in response to comparable issues and developing draft legislation, while France has introduced new laws to regulate the sector. This article capitalises on the current appetite for legislative reform and proposes to analyse the adequacy of the current regulatory framework for influencers with respect to protecting vulnerable consumers and provides recommendations for reform.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 3","pages":"561-586"},"PeriodicalIF":0.6,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142956187","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
Voluntary Assisted Dying and Conscientious Objection: An Analysis from Victoria, Australia. 自愿协助死亡与良心反对：来自澳大利亚维多利亚州的分析。
IF 0.6
Journal of Law and Medicine Pub Date : 2024-11-01
Ronli Sifris
{"title":"Voluntary Assisted Dying and Conscientious Objection: An Analysis from Victoria, Australia.","authors":"Ronli Sifris","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>This article analyses qualitative empirical research conducted by this author to gain a deeper understanding of the rationale behind conscientious objection (CO) to voluntary assisted dying (VAD) and its impact on the operation of VAD in Victoria, Australia. It begins by providing an overview of the Australian legal approach to CO in the context of VAD. It then discusses the spectrum of attitudes that exist towards VAD, illuminating some of the nuance and complexity of the individual and institutional approaches. The article then focuses on the reasons behind CO, noting that there are a range of moral reasons why people may oppose VAD. Finally, the article turns to consider the impact of CO on patient access to VAD, concluding that CO is affecting patient access in Victoria, and that Victoria should modify its legal approach so as to balance the right to CO more appropriately against the legal right to access VAD.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 3","pages":"539-554"},"PeriodicalIF":0.6,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142956346","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
Decisions about Medical Treatment and Care, the Legality Assumptions and Sovereign Power - Empowering Patients Out of the State of Bare Life? 医疗护理决策、合法性假设与主权权力——赋予患者脱离赤裸生命状态的权力？
IF 0.6
Journal of Law and Medicine Pub Date : 2024-11-01
Charles Lawson, Edwin Bikundo, Laurie Grealish, Todd Berry, Jayne Hewitt, Jo-Anne Todd
{"title":"Decisions about Medical Treatment and Care, the Legality Assumptions and Sovereign Power - Empowering Patients Out of the State of Bare Life?","authors":"Charles Lawson, Edwin Bikundo, Laurie Grealish, Todd Berry, Jayne Hewitt, Jo-Anne Todd","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The framing of patients making decisions about their medical treatment and care as traditional legal decisions, thresholds and formalities is a means to avoid legal liabilities through a rationalisation of decision-making, autonomy and choice. A credible account for the actual place of patients posits the sovereign power (founded in the works of Carl Schmitt and Giorgio Agamben) of the health care professional deciding the state of exception - a discrete legal space where the authority of health care professionals is both lawful and beyond the law. This reveals that dealing with broadly conceived consent issues with more law, more process and procedure but without addressing the inherent legality assumptions that empower health care professionals will always be flawed. This section piece concludes that the resolution of consent issues is about a culture of consent rather than a frame of legal process and limiting legal liability.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 3","pages":"483-504"},"PeriodicalIF":0.6,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142956532","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
Cough Syncope and Fatal Motor Vehicle Accidents: Two Australian Cases. 咳嗽晕厥和致命的机动车事故：两个澳大利亚病例。
IF 0.6
Journal of Law and Medicine Pub Date : 2024-11-01
Christopher Brook, Peter Trembath, Kerry J Breen, Jonathan Burdon
{"title":"Cough Syncope and Fatal Motor Vehicle Accidents: Two Australian Cases.","authors":"Christopher Brook, Peter Trembath, Kerry J Breen, Jonathan Burdon","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Cough syncope is an uncommon but well-recognised medical condition diagnosed primarily on the history provided by the sufferer. In situations where the sufferer is in control of a motor vehicle, syncope can lead to accidents involving death and injury. In the medico-legal setting, cough syncope can be a contested cause of such accidents. Here we report two recent Australian cases which illustrate the issues involved for legal and medical practitioners.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 3","pages":"555-560"},"PeriodicalIF":0.6,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142956525","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
Denial of Desire for Death in Dementia: Why Is Dementia Excluded from Australian Voluntary Assisted Dying Legislation? 拒绝痴呆症患者对死亡的渴望：为什么痴呆症被排除在澳大利亚自愿协助死亡立法之外？
IF 0.6
Journal of Law and Medicine Pub Date : 2024-06-01
Amee Baird
{"title":"Denial of Desire for Death in Dementia: Why Is Dementia Excluded from Australian Voluntary Assisted Dying Legislation?","authors":"Amee Baird","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Euthanasia in the form of Voluntary Assisted Dying (VAD) is legal in all Australian States, but current eligibility criteria preclude access to people with dementia. This article discusses Australian VAD eligibility criteria that are problematic for people with dementia: (1) time until death within 12 months, (2) decision-making capacity for VAD, and (3) determination of intolerable suffering. Legislation in the Netherlands allows VAD for people with dementia. The challenges and philosophical issues raised by such cases are explored. It is proposed that the unique nature of dementia in its various forms warrants the formulation of dementia-specific VAD eligibility criteria. A case could be brought to challenge the denial of access to VAD of people with dementia on the basis that their exclusion is discriminatory and an abuse of human rights. If such a challenge was successful, it could form a common law precedent to allow people with dementia access to VAD.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 2","pages":"386-402"},"PeriodicalIF":0.6,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141499265","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
Insight and the Capacity to Refuse Treatment with Electroconvulsive Therapy. 洞察力和拒绝电休克疗法治疗的能力。
IF 0.6
Journal of Law and Medicine Pub Date : 2024-06-01
Russ Scott, Steve Prowacki
{"title":"Insight and the Capacity to Refuse Treatment with Electroconvulsive Therapy.","authors":"Russ Scott, Steve Prowacki","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>All Australian jurisdictions have statutory provisions governing the use of electroconvulsive therapy. Cases in which the patient lacks insight into their psychotic illness and need for treatment and refuses to have ECT are particularly poignant. In Re ICO [2023] QMHC 1, the Queensland Mental Health Court considered whether a patient with a treatment-resistant psychotic illness had decision-making capacity to refuse ECT. The Court also considered whether the patient had been provided with an adequate explanation of the proposed treatment including the expected benefits, risks and adverse effects of ECT. As well as deciding whether ECT was appropriate in the circumstances, the Court considered whether there were alternative treatments including another trial of the oral antipsychotic clozapine. This article reviews issues relating to lack of insight in persons with psychotic illness and relevant considerations for determining capacity to decline ECT.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 2","pages":"273-323"},"PeriodicalIF":0.6,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141499267","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
Moving Genomics into the Clinic: Platforms for Implementing Clinical Genomic Data-Sharing in Ways That Address Ethical, Legal and Social Implications. 将基因组学引入临床：以解决伦理、法律和社会影响的方式实施临床基因组数据共享的平台。
IF 0.6
Journal of Law and Medicine Pub Date : 2024-06-01
Dianne Nicol, Margaret Otlowski, Keeley Reade, Natalie Thorne, Clara Gaff
{"title":"Moving Genomics into the Clinic: Platforms for Implementing Clinical Genomic Data-Sharing in Ways That Address Ethical, Legal and Social Implications.","authors":"Dianne Nicol, Margaret Otlowski, Keeley Reade, Natalie Thorne, Clara Gaff","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>This section explores the challenges involved in translating genomic research into genomic medicine. A number of priorities have been identified in the Australian National Health Genomics Framework for addressing these challenges. Responsible collection, storage, use and management of genomic data is one of these priorities, and is the primary theme of this section. The recent release of Genomical, an Australian data-sharing platform, is used as a case study to illustrate the type of assistance that can be provided to the health care sector in addressing this priority. The section first describes the National Framework and other drivers involved in the move towards genomic medicine. The section then examines key ethical, legal and social factors at play in genomics, with particular focus on privacy and consent. Finally, the section examines how Genomical is being used to help ensure that the move towards genomic medicine is ethically, legally and socially sound and that it optimises advances in both genomic and information technology.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 2","pages":"258-272"},"PeriodicalIF":0.6,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141499269","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
Neurocognitive Disorders: Medical Illness or Mental Disorder: Examining the Mental Health and Wellbeing Act 2022 (Vic) Using Neurocognitive Disorders. 神经认知障碍：医学疾病还是精神障碍：审查《2022 年精神健康和福祉法》（维多利亚州）使用神经认知障碍。
IF 0.6
Journal of Law and Medicine Pub Date : 2024-06-01
Rohan Wee
{"title":"Neurocognitive Disorders: Medical Illness or Mental Disorder: Examining the Mental Health and Wellbeing Act 2022 (Vic) Using Neurocognitive Disorders.","authors":"Rohan Wee","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Victoria has new legislation, the Mental Health and Wellbeing Act 2022 (Vic) (MHWA) to govern the care and treatment of people with mental illness that came into effect on 1 September 2023. It takes a human rights approach with a focus on person-centred care. The definition of mental illness encompasses conditions such as dementia even though it is rarely used to manage such conditions. How would the management of dementia and associated conditions change if these conditions were managed under the MHWA? This article uses dementia to examine the differences between the new MHWA, the Medical Treatment Planning and Decisions Act 2016 (Vic) and the Guardianship and Administration Act 2019 (Vic) and how the human rights approach taken by the MHWA might inform future directions in managing dementia.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 2","pages":"421-437"},"PeriodicalIF":0.6,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141499270","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
The Commonwealth Criminal Code: Will It Restrict Access to Voluntary Assisted Dying in South Australia And Is There a Way Forward? 联邦刑法典》：它是否会限制南澳大利亚州的自愿协助死亡服务？
IF 0.6
Journal of Law and Medicine Pub Date : 2024-06-01
Julia Matteo, Michaela Okninski
{"title":"The Commonwealth Criminal Code: Will It Restrict Access to Voluntary Assisted Dying in South Australia And Is There a Way Forward?","authors":"Julia Matteo, Michaela Okninski","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>South Australia's Voluntary Assisted Dying Act 2021 commenced operation on 31 January 2023. However, ss 474.29A and 474.29B of the Criminal Code Act 1995 (Cth) prohibit the use of \"carriage services\" to promote or provide instructions about suicide and may impede access to voluntary assisted dying (VAD). Attempts to clarify whether VAD is suicide have been unsuccessful and doctors risk prosecution if they use telehealth to participate in VAD. This article examines specific steps in the VAD pathway that are likely to breach the federal law. Although there have been attempts to clarify what information can permissibly be discussed using a carriage service, doctors risk breaching the federal law at multiple stages of the VAD process. This article concludes arguing that this conflict of laws must be resolved and calls upon the Commonwealth Government to amend the Criminal Code to exclude VAD from the definition of suicide.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 2","pages":"343-352"},"PeriodicalIF":0.6,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141499295","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
Cystic Fibrosis and the Law: The Ramifications of New Treatments. 囊性纤维化与法律：新疗法的影响。
IF 0.6
Journal of Law and Medicine Pub Date : 2024-06-01
Ian Freckelton
{"title":"Cystic Fibrosis and the Law: The Ramifications of New Treatments.","authors":"Ian Freckelton","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Until the discovery of the gene for cystic fibrosis (CF) in 1989, diagnostic developments were limited, and treatment focused on symptom alleviation. However, following the genetic breakthrough, some 2,000 mutations of the gene have been identified. More recently CF transmembrane conductance regulator modulator triple therapy (CFTRm) has been introduced in the form of triple therapy with ivacaftor, lumacaftor and tezacaftor (ETI), in the United States from 2019, Europe from 2020 and then Australia from 2021. The new treatment option has revolutionised both the quality of life and life expectancy of many persons diagnosed with CF. This editorial reviews major developments in the clinical care that can now be provided to patients, and reflects on the legal and ethical ramifications of the improved situation for many patients in the contexts of medical negligence, damages assessment, family law and criminal law. It also considers the difficult issues of access and equity caused by the limited availability of the triple therapy in low- and middle-income countries.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 2","pages":"217-224"},"PeriodicalIF":0.6,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141499264","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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