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Coronial Oversight of the Operation of and Access to Voluntary Assisted Dying Regimes. 验尸官对自愿协助死亡制度的运作和使用情况的监督。
IF 0.6
Journal of Law and Medicine Pub Date : 2025-04-01
Ian Freckelton
{"title":"Coronial Oversight of the Operation of and Access to Voluntary Assisted Dying Regimes.","authors":"Ian Freckelton","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>This article considers the role of coroners as a porthole into the content and operation of voluntary assisted dying (VAD) regimes. In their role as investigators of unexplained, unnatural, violent and accidental deaths, coroners are uniquely positioned by legislation to identify abuses and anomalies in VAD deaths. They also have an informed perspective enabling them to identify issues and patterns of deaths among persons who cannot avail themselves of VAD because of how eligibility criteria have been framed. Coroners have an ability too to chronicle the human toll of such ineligibility for persons determined not to satisfy qualifying requirements for access to VAD. This article reviews an important set of findings and comments by the Victorian Coroners Court late in 2024 which addressed the issues and identified other such findings in an attempt to assist reform processes for VAD legislation to be informed by coronial experience. It also notes safety issues highlighted by a strongly worded 2024 decision by the Queensland Coroners Court which is likely also to prompt discussion about VAD processes and the need for controls over unintended access to VAD and other euthanasia medications.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 4","pages":"743-750"},"PeriodicalIF":0.6,"publicationDate":"2025-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143781623","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 Zealand's Once-Visionary Accident Compensation Scheme and Australia's Revolutionary Vision in its National Disability Insurance Scheme: A Tale of Two Countries. 新西兰曾经富有远见的事故赔偿计划和澳大利亚在其国家伤残保险计划中的革命性远见：两个国家的故事》。
IF 0.6
Journal of Law and Medicine Pub Date : 2025-04-01
Joanna Manning
{"title":"New Zealand's Once-Visionary Accident Compensation Scheme and Australia's Revolutionary Vision in its National Disability Insurance Scheme: A Tale of Two Countries.","authors":"Joanna Manning","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>New Zealand's \"visionary\" accident compensation scheme came into force in 1974. Described as \"the original sin\" of the scheme, eligibility was confined, largely for affordability reasons, to accidental injury, leaving disability from sickness, disease and congenital conditions out in the cold, dependent on much less generous support. The scheme's architect, Justice Owen Woodhouse, intended its eventual extension to all forms of disability, regardless of cause. But repeated attempts to do so have all failed. Nearly 40 years later, it is now New Zealand's turn to look with envy at Australia's revolutionary National Disability Insurance Scheme, a comprehensive scheme that provides support for all forms of disability, regardless of cause. The article traces the forces that aligned resulting in the NDIS, summarises its key elements, and briefly considers its challenges and how its future can best be secured. I argue that the NDIS should inspire the final achievement of Woodhouse's \"unfinished business\" for the benefit of all New Zealanders.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 4","pages":"682-698"},"PeriodicalIF":0.6,"publicationDate":"2025-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143781639","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
A Doctor's Death by Central Chest Stabbing - Suicide or Murder? 一名医生死于胸腔中央刺伤--自杀还是谋杀？
IF 0.6
Journal of Law and Medicine Pub Date : 2025-04-01
Russ Scott, Allan Cala
{"title":"A Doctor's Death by Central Chest Stabbing - Suicide or Murder?","authors":"Russ Scott, Allan Cala","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Although the function of a coronial inquest is to determine the time, manner and cause of death, in cases of an unexpected or suspicious death or putative suicide, the coroner relies upon an analysis of the evidence collected from the death scene and the autopsy and any toxicology report. Particularly in cases of suspected suicide in which the decedent had a history of depression or alcohol abuse, the initial investigation should include a comparison of the statements from family members and witnesses and also from any medical practitioner the decedent attended before death. In the case of Dr Karen Mahlo, her ex-de-facto partner, who was the principal beneficiary of her considerable estate, reported finding her lying on her bed with a large kitchen knife imbedded in her central chest. The evidence given during the subsequent coronial inquest raises many questions about the time, manner and cause of Dr Mahlo's death. A further inquest should be convened.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 4","pages":"783-825"},"PeriodicalIF":0.6,"publicationDate":"2025-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143781616","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
Predicting the Risk of Future Terrorism: Lessons for Mental Health Experts from the Benbrika Case. 预测未来恐怖主义的风险：从本布里卡案给心理健康专家的教训。
IF 0.6
Journal of Law and Medicine Pub Date : 2024-11-01
Bernadette McSherry, Piers Gooding
{"title":"Predicting the Risk of Future Terrorism: Lessons for Mental Health Experts from the Benbrika Case.","authors":"Bernadette McSherry, Piers Gooding","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Risk assessment is an important component of judicial decision-making in many areas of the law. In Australia, those convicted of terrorist offences may be the subject of continued detention in prison or extended supervision in the community if there is an \"unacceptable risk\" of them committing future terrorism offences. Forensic psychologists and psychiatrists may provide evidence of risk through identifying and measuring risk factors with the aid of tools that use scales based on statistical or actuarial risk prediction. This column focuses on criticisms of the use of the second revision of the Violent Extremism Risk Assessment tool (VERA-2R) in determining the risk of future terrorist acts.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 3","pages":"515-522"},"PeriodicalIF":0.6,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142956538","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
Termination Laws in Australia and Aotearoa New Zealand - Do They Align with Midwives' Scope of Practice? 澳大利亚和新西兰的终止妊娠法——是否符合助产士的执业范围？
IF 0.6
Journal of Law and Medicine Pub Date : 2024-11-01
Susanne Armour, Bashi Hazard, Hazel Keedle, Andrea Gilkison, Hannah Dahlen
{"title":"Termination Laws in Australia and Aotearoa New Zealand - Do They Align with Midwives' Scope of Practice?","authors":"Susanne Armour, Bashi Hazard, Hazel Keedle, Andrea Gilkison, Hannah Dahlen","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>This article examines whether the current termination laws of Australia and Aotearoa New Zealand align with the midwifery scope of practice. It begins with an introduction to termination of pregnancy from a health care perspective. An overview of previous and current legal frameworks in Australia and Aotearoa New Zealand that impact upon the provision of termination of pregnancy health services is provided. Midwives' scope of practice is explained and the legal and administrative factors obstructing midwives' ability to work to their full scope are discussed. Midwives' needs to enable the provision of termination care are considered. The article concludes that the current laws are not supportive of midwives as termination care providers and their needs to realise their full scope of practice are not being met.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 3","pages":"523-538"},"PeriodicalIF":0.6,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142956184","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
Tasering Patients - A Bioethical Assessment of Taser Use Against Mental Health Inpatients in New Zealand. 泰瑟病人-泰瑟对新西兰精神健康住院病人使用的生物伦理评估。
IF 0.6
Journal of Law and Medicine Pub Date : 2024-11-01
Christina Et Pikiuha-Billing
{"title":"Tasering Patients - A Bioethical Assessment of Taser Use Against Mental Health Inpatients in New Zealand.","authors":"Christina Et Pikiuha-Billing","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Tasers, a form of police weaponry causing neuromuscular incapacitation and extreme pain, were confirmed in 2010 to be used in New Zealand inpatient mental health units. Their use on patients, or tāngata whai ora (persons seeking wellbeing), raises ethical concerns about harm prevention, moral duties, and human rights in healthcare. The New Zealand healthcare system, grounded in principles and rights, regulates procedures to uphold fundamental rights. This article explores the ethical justifications and criticisms of taser use in mental health wards from a principlist perspective. It questions the ethical limits of State power regarding non-maleficence, beneficence, and autonomy, arguing that tasers pose disproportionate harm to vulnerable patients and undermine ethical healthcare standards. Concerns are raised to promote policy development, monitoring, and reporting, aimed at addressing the ethical issues associated with taser use in mental health settings.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 3","pages":"587-600"},"PeriodicalIF":0.6,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142956230","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
Is the Time Right to Enact Autonomy-Only Assisted Dying Laws? 现在是制定只允许安乐死的法律的时候了吗？
IF 0.6
Journal of Law and Medicine Pub Date : 2024-11-01
Kerstin Braun
{"title":"Is the Time Right to Enact Autonomy-Only Assisted Dying Laws?","authors":"Kerstin Braun","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>An increasing number of jurisdictions worldwide have enacted assisted dying laws allowing persons to end their lives with assistance. All existing frameworks have in common that they restrict access to persons who (1) act autonomously and (2) suffer from certain illnesses. The second restriction has been criticised on the basis that it makes judgments about which lives are worth living by only allowing persons with specific medical conditions, but not others, to die with assistance. To avoid such judgments, some scholars endorse an autonomy-only view which requires autonomy as the only necessary condition for assisted dying. After considering the criticism the second access restriction has attracted, this article analyses the complexities of enacting autonomy-only assisted dying laws using Germany as a case study. It concludes that the challenges this approach faces in practice will likely prevent autonomy-focused assisted dying frameworks from becoming law in the near future.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 3","pages":"601-614"},"PeriodicalIF":0.6,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142956560","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
Deception and Fraud in the Justification of "Pediatric Drug Development": A Challenge at the Interface of Medicine and Law. “儿科药物开发”正当性中的欺骗和欺诈：医学和法律交界面的挑战。
IF 0.6
Journal of Law and Medicine Pub Date : 2024-11-01
Klaus Rose, Jane M Grant-Kels, Pasquale Striano, Emilio Russo, Earl B Ettienne
{"title":"Deception and Fraud in the Justification of \"Pediatric Drug Development\": A Challenge at the Interface of Medicine and Law.","authors":"Klaus Rose, Jane M Grant-Kels, Pasquale Striano, Emilio Russo, Earl B Ettienne","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>United States and European Union laws demand separate clinical studies in children as a condition for drugs' marketing approval. Justified by carefully framed pseudo-scientific wordings, more so the European Medicines Agency than the United States Food and Drug Administration, \"Pediatric Drug Development\" is probably the largest abuse in medical research in history. Preterm newborns are immature and vulnerable, but they grow. Adolescents are bodily no longer children. Younger children are not another species. Instead of reasonable dose-finding, most \"pediatric\" studies replicate at best what is known already; others withhold effective treatment and/or harm by substandard comparison, triggering \"pediatric\" drug labels and \"pediatric\" careers. Researching deception and fraud focuses currently on individuals. The mechanisms by which lawmakers and the public were and are deceived need elucidation in our increasingly complex society, including new types of conflicts of interest. Candidly addressing deception and fraud at the interface of medicine and law will help to unmask pseudoscience.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 3","pages":"635-644"},"PeriodicalIF":0.6,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142956526","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
Does the Failure to Provide Equitable Access to Treatment Lead to Action by NHS Organisations? The Case of Biologics for South Asians with Inflammatory Bowel Disease. 未能提供公平的治疗机会导致NHS组织采取行动吗？生物制剂治疗南亚炎症性肠病的案例
IF 0.6
Journal of Law and Medicine Pub Date : 2024-11-01
Affifa Farrukh, John Mayberry
{"title":"Does the Failure to Provide Equitable Access to Treatment Lead to Action by NHS Organisations? The Case of Biologics for South Asians with Inflammatory Bowel Disease.","authors":"Affifa Farrukh, John Mayberry","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The purpose of this study was to identify whether NHS Trusts where discrimination in the delivery of care to patients from the South Asian community had been demonstrated had taken any actions to address the issue over the subsequent year. Freedom of information requests were sent to three trusts which had provided evidence of disparate provision of biologic therapy to patients with Crohn's disease, their associated Clinical Commissioning Groups and Healthwatch organisations to seek evidence whether they had remedied the situation. Requests were also sent to the Care Quality Commission, NHS Improvement and the Equality and Human Rights Commission seeking examples where they had responded to inequitable delivery of care related to ethnicity. No organisation had any evidence of responses to the situation, many unable to accept its existence. Legal duties are discussed, and the only remedy appears to be through the tort of negligence.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 3","pages":"615-623"},"PeriodicalIF":0.6,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142956533","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
Psychological Screening of Medical School Applicants and Medical Students. 医学院申请者和医学生的心理筛选
IF 0.6
Journal of Law and Medicine Pub Date : 2024-11-01
Mike O'Connor, Cameron Stewart
{"title":"Psychological Screening of Medical School Applicants and Medical Students.","authors":"Mike O'Connor, Cameron Stewart","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Should medical schools psychologically screen medical school applicants and students? Arguably, psychological screening could be used to identify at-risk candidates who have psychological conditions that make them more likely to act unprofessionally. In this column we analyse the arguments for and against such screening. We argue that psychological testing should be used by medical schools as part of a program to support students so that they are at less risk of engaging in poor professional behaviour.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 3","pages":"505-514"},"PeriodicalIF":0.6,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142956547","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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