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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
{"title":"Why Is Medical Consent Personal?","authors":"Albert Pielak","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The article engages with the nature of medical consent in the context of a patient's proxy granted in case of decision-making capacity. It argues that based on the general legal provisions on proxy, the patient cannot make medical decisions by a representative. Therefore, informed consent is of a personal nature. The thesis is supported by a comparative-legal analysis of selected continental and common law systems, Kant's and Mill's concept of autonomy, and functional reasoning.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"32 1","pages":"85-93"},"PeriodicalIF":0.6,"publicationDate":"2025-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144250205","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
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
{"title":"Applying Duties to Oversee AI to Medical Practitioners in Australia.","authors":"Mark Nevin, Sandra Lj Johnson","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The ethical challenges of artificial intelligence (AI) in health require guardrails to mitigate and address them including: regulation, practice standards, duty of care, training and professional development for those using AI in clinical care. A key safeguard for AI in clinical care will be the medical workforce. This article illustrates a pathway for the Australian medical workforce to upskill to use AI safely and ethically stemming from existing regulatory requirements and professional duties. As AI applications become more widespread, medical and other health care practitioners must become competent users of these technologies in patient care.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"32 1","pages":"65-73"},"PeriodicalIF":0.6,"publicationDate":"2025-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144250194","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
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。
IF 0.6
Journal of Law and Medicine Pub Date : 2025-06-01
Cameron Stewart, Christopher Rudge, George F Tomossy, Ian Kerridge
{"title":"Desktop Legal Research and Human Ethics Review: Problems of Juridification and \"Ethics-Creep\".","authors":"Cameron Stewart, Christopher Rudge, George F Tomossy, Ian Kerridge","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>This column discusses whether desktop legal research must be reviewed by a human research ethics committee (HREC). We have been made aware that some HRECs have interpreted the National Statement on Ethical Conduct in Human Research as compelling legal researchers to seek ethics review for desktop legal research. We argue that this literal interpretation of the National Statement erroneously treats desktop legal research as \"human research\". Including desktop legal research in the definition of \"human research\" damages the public interest. We call on the Council of Australian Law Deans and the authors of the National Statement to make it clear that HREC review is not required for desktop legal research.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"32 1","pages":"36-48"},"PeriodicalIF":0.6,"publicationDate":"2025-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144250195","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 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":"<p><p>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.</p>","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":"<p><p>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.</p>","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
{"title":"Review of the Voluntary Assisted Dying Act 2019 (WA): Research Report.","authors":"Lindy Willmott, Ben P White, Casey M Haining","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The Voluntary Assisted Dying Act 2019 (WA) was passed in December 2019, and came into effect on 1 July 2021. The legislation requires that the Act is reviewed at set intervals with the first review occurring as soon as practicable after the second anniversary of the Act's operation. An independent three-person panel was appointed to carry out the review. This article reports on one aspect of the review process which involved carrying out semi-structured interviews and focus groups with key stakeholders and formulating recommendations based on the data collected (and other evidence). Thematic analysis resulted in the identification of six main themes: awareness of Voluntary Assisted Dying (VAD); accessing and navigating the VAD system; eligibility assessment; prescription, administration, disposal and post-death; VAD workforce; and VAD system design. Overall, the findings reveal that the WA VAD system is working well; however, several issues with the current system remain.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"32 1","pages":"94-160"},"PeriodicalIF":0.6,"publicationDate":"2025-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144250200","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 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":"<p><p>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.</p>","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
New Frontiers in Genomics and Regulation: Reforming the Australian Patchwork with a National Approach and Enhancing Data Security. 基因组学和监管的新领域：用国家方法改革澳大利亚拼凑和加强数据安全。
IF 0.6
Journal of Law and Medicine Pub Date : 2025-06-01
Marcus Smith
{"title":"New Frontiers in Genomics and Regulation: Reforming the Australian Patchwork with a National Approach and Enhancing Data Security.","authors":"Marcus Smith","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The regulation of genomic data in Australia remains unwieldy. Effective laws that protect genomic data and regulate their accessibility will be increasingly important in order to ensure the Australian population receives the individual and collective benefits of genomics. This article begins the discussion of a new model for regulating genomics in Australia - one that can reform the patchwork with a national approach that addresses the fundamental issue of data security. It argues that the security issues associated with genomic data can lead to national reform, and ultimately, an improved Australian regulatory model. It seeks to initiate discussion of how this might be achieved in practice, considering necessary Constitutional law reforms. Finally, it outlines administrative arrangements that could facilitate a national approach, and the responsibilities of a national agency for regulating genomics.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"32 1","pages":"179-187"},"PeriodicalIF":0.6,"publicationDate":"2025-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144250199","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
Understanding Legal Barriers to Abortion Access During the COVID-19 Pandemic: Australian Pregnant People's Experiences. 了解 COVID-19 大流行期间堕胎的法律障碍：澳大利亚孕妇的经历。
IF 0.6
Journal of Law and Medicine Pub Date : 2025-04-01
Jennifer Schulz, Christine Forster
{"title":"Understanding Legal Barriers to Abortion Access During the COVID-19 Pandemic: Australian Pregnant People's Experiences.","authors":"Jennifer Schulz, Christine Forster","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The Australian regulatory framework for abortion shifted recently from criminalisation to a health model. Decriminalisation is only one step towards the realisation of full reproductive rights for pregnant people. Numerous barriers persist. Legal barriers include inconsistent abortion laws, medical oversight, variable gestational cut-offs, and conscientious objection provisions. Non-legal hurdles (such as financial and geographical barriers) also persist despite the reforms. These barriers were amplified during the COVID-19 pandemic. This article uses empirical data to illustrate the barriers to abortion access faced by Australian pregnant people during the pandemic. The data illustrate the need for further abortion law reform in Australia that fully realises reproductive rights for pregnant people. We argue that pregnant people's experiences of abortion services during COVID-19 demonstrate that a non-restrictive regulatory approach to abortion law (combined with affordable, accessible and safe abortion services) is essential to provide equal access to abortion to all pregnant people in Australia.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 4","pages":"826-839"},"PeriodicalIF":0.6,"publicationDate":"2025-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143781643","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
Legal Issues in End-of-Life Care for Paramedics: A Scoping Review. 护理人员临终关怀的法律问题：范围审查。
IF 0.6
Journal of Law and Medicine Pub Date : 2025-04-01
Rachel Feeney, Lindy Willmott, Ben White
{"title":"Legal Issues in End-of-Life Care for Paramedics: A Scoping Review.","authors":"Rachel Feeney, Lindy Willmott, Ben White","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The law plays an important role in governing end-of-life decision-making in paramedic practice. A scoping review was undertaken to identify and examine the extent, range and nature of literature on the legal issues relevant to end-of-life clinical practice for Australian paramedics. Documents (scholarly works and/or policies) were identified by searching electronic databases, Google Scholar, professional organisation and State/Territory health department websites, scanning reference lists and drawing on authors' existing knowledge. Sixteen of the 22 documents identified were policies, including clinical practice guidelines or similar documents from the various State/Territory Ambulance services, and policies from State/Territory Health Departments or resuscitation organisations. Common legal issues were consent to treatment, decision-making capacity, withholding and withdrawing life-sustaining treatment, advance care planning, substitute decision-making, emergency treatment and children and end-of-life decision-making. Gaps included documents focusing on paediatric clinical practice and broad practice guidelines on end-of-life care for paramedics working in some jurisdictions.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 4","pages":"721-742"},"PeriodicalIF":0.6,"publicationDate":"2025-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143781627","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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