Medical Law Review最新文献

The two lives of the Mental Capacity Act: rethinking East-west binaries in comparative analysis. 精神能力法的两种生命：在比较分析中重新思考东西方的二元对立。

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-01-04 DOI: 10.1093/medlaw/fwae034

Hillary Chua, Camillia Kong, Michael Dunn

引用次数: 0

A reparatory account of health inequities. 对卫生不公平现象的补偿性说明。

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-01-04 DOI: 10.1093/medlaw/fwae044

Michael Thomson

{"title":"A reparatory account of health inequities.","authors":"Michael Thomson","doi":"10.1093/medlaw/fwae044","DOIUrl":"https://doi.org/10.1093/medlaw/fwae044","url":null,"abstract":"Colonialism has left biological and social legacies that damage health. The resulting racialized health inequities re-enact past harms and are a profound social injustice. In response, this article brings together reparatory justice and health equity. Understandings of reparatory justice have evolved from a focus on compensation for past wrongs to the need for a more sustained and expansive politics of repair. This seeks to recognize the history and legacies of harm while diminishing the likelihood that such harms are repeated. Addressing racialized health inequities in the UK, and working with this articulation of reparatory justice, this article argues for the repair of bodies that continue to be damaged by historically rooted harms. Social determinants of health research has long linked socio-economic inequalities to poor health outcomes, and promoting health equity by addressing these inequalities can be an important element of the work to repair the past. This response acknowledges the moral case for both reparatory justice and health equity, while potentially addressing problems faced by traditionally articulated reparatory claims. Finally, exploring law's role in addressing racialized health inequities can help us better understand how law is a determinant of health and its role in advancing health equity.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"33 1","pages":""},"PeriodicalIF":1.8,"publicationDate":"2025-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142933226","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

How does regulation influence euthanasia practice in Belgium? A qualitative exploration of involved doctors' and nurses' perspectives.

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-01-04 DOI: 10.1093/medlaw/fwaf003

Madeleine Archer, Lindy Willmott, Kenneth Chambaere, Luc Deliens, Ben P White

{"title":"How does regulation influence euthanasia practice in Belgium? A qualitative exploration of involved doctors' and nurses' perspectives.","authors":"Madeleine Archer, Lindy Willmott, Kenneth Chambaere, Luc Deliens, Ben P White","doi":"10.1093/medlaw/fwaf003","DOIUrl":"10.1093/medlaw/fwaf003","url":null,"abstract":"Euthanasia has been legal in Belgium since 2002. Despite extensive research exploring Belgian euthanasia practice, investigations into its governing regulatory framework are limited. Existing studies that consider regulation take a 'siloed' approach, generally considering sources of regulation individually, including euthanasia legislation and euthanasia policies. This study obtains insights from providing health professionals on how the Belgian euthanasia regulatory landscape influences their euthanasia practice. We conducted semi-structured, in-depth interviews from September 2022 to March 2024 with eligible physicians and nurses and analysed them using a reflexive approach to thematic analysis. We generated three overarching themes describing the influence of regulation on euthanasia practice: the Act is a valuable, boundary-setting instrument; but the Act is limited, leaving space for gap filling and other forms of regulation; and relying on professional judgment can make practitioners feel vulnerable. Key findings include that practitioners respond to the Act's non-prescriptiveness and regulatory lacunae by relying on their professional judgment, and that the efficacy of the retrospective euthanasia oversight model depends on physicians' good faith participation. Policymakers in Belgium and internationally are encouraged to reflect on the implications of Belgium's euthanasia regulatory model for the consistency, quality, and control of euthanasia practice.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"33 1","pages":""},"PeriodicalIF":1.8,"publicationDate":"2025-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11783285/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143069123","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Saving trouble, saving time: the role and impact of healthcare consultation recordings in Australian legal proceedings.

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-01-04 DOI: 10.1093/medlaw/fwaf012

Megan Prictor

{"title":"Saving trouble, saving time: the role and impact of healthcare consultation recordings in Australian legal proceedings.","authors":"Megan Prictor","doi":"10.1093/medlaw/fwaf012","DOIUrl":"10.1093/medlaw/fwaf012","url":null,"abstract":"Healthcare professionals have long expressed concern about their exposure to litigation if they allow consultations to be recorded. There has been little evidence available as to the validity of this concern. To address this gap and to inform policy and practice, this study examined 46 cases decided by Australian courts. It focused on the characteristics of these cases, as well as the admissibility, lawfulness, and impact of recordings. Most of the consultation recordings in these matters were made in the context of pre-existing conflicts, primarily involving personal injury, professional misconduct, and family law. Recordings had the greatest value in matters involving professional misconduct. In other matters, findings were mixed. Patients were often motivated to record by a lack of trust in their healthcare provider. The cases do not feature any consented recordings made for broader patient benefit, underscoring the view that lawful, mutually agreed recordings of healthcare consultations present a very low risk of adverse medico-legal consequences. Courts have treated consultation recordings variably, sometimes using discretion to admit recordings as evidence, even where they were obtained unlawfully. These cases support recent calls for allowing regular consultation recording and also demonstrate the value of recordings for patients and regulators, particularly in instances of professional misconduct.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"33 1","pages":""},"PeriodicalIF":1.8,"publicationDate":"2025-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11908765/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143630789","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The fifty shades of black: about black box AI and explainability in healthcare.

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-01-04 DOI: 10.1093/medlaw/fwaf005

Vera Lúcia Raposo

引用次数: 0

Intellectual property rights over 'integrated' medical devices: the potential health impacts and bioethical implications of rightsholders' control.

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-01-04 DOI: 10.1093/medlaw/fwaf001

Aisling M McMahon, Opeyemi I Kolawole

{"title":"Intellectual property rights over 'integrated' medical devices: the potential health impacts and bioethical implications of rightsholders' control.","authors":"Aisling M McMahon, Opeyemi I Kolawole","doi":"10.1093/medlaw/fwaf001","DOIUrl":"10.1093/medlaw/fwaf001","url":null,"abstract":"Despite extensive literature examining intellectual property rights (IPRs) and access to health, there has been limited examination of how IPRs can potentially impact the development, access to, delivery of, and use of medical devices. This article fills this gap, focusing on patent and copyright protections applicable to elements of medical devices that are attachable to or implanted into the human body, such as prostheses or pacemakers. Although the human body itself is not patentable in Europe (Article 5, Biotechnology Directive), elements of medical devices created outside the body are patentable. Moreover, certain aspects of such medical devices can be subject to copyright, and other types of IPRs. This article provides an overview of the types of IPRs that can apply over attachable and implantable medical devices. Following this, and focusing specifically on copyright and patent rights, it argues that such IPRs, alongside incentivizing technological development in certain contexts, also give rightsholders significant control over key aspects of how individuals use and access IP-protected elements of such devices, with the potential for health-related impacts and bioethical implications. Accordingly, the article argues that greater understanding and scrutiny are needed within the health law and bioethics communities around the potential impacts of IPRs over medical devices.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"33 1","pages":""},"PeriodicalIF":1.8,"publicationDate":"2025-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11886849/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143574300","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Unlocking the promise of UK health data: considering the case for a charitable GP data trust. 解锁英国健康数据的承诺：考虑慈善全科医生数据信托的情况。

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-01-04 DOI: 10.1093/medlaw/fwae043

Caroline A B Redhead, Catherine Bowden, John Ainsworth, Nigel Burns, James Cunningham, Søren Holm, Sarah Devaney

{"title":"Unlocking the promise of UK health data: considering the case for a charitable GP data trust.","authors":"Caroline A B Redhead, Catherine Bowden, John Ainsworth, Nigel Burns, James Cunningham, Søren Holm, Sarah Devaney","doi":"10.1093/medlaw/fwae043","DOIUrl":"10.1093/medlaw/fwae043","url":null,"abstract":"The UK National Health Service general practice (GP) patient data constitute a rich research resource, but collecting, managing, and sharing patient data present challenges. In May 2021, to address these challenges, substantial changes to the system for processing pseudonymized GP patient data in England were announced. As part of an opt-out process, patient consent to sharing GP data was deemed to have been given. However, when over a million people quickly acted to opt out of the new system, the process was paused, and an engagement exercise commenced, whose aim was to inform a re-designed programme addressing patient concerns. In this article, we present and discuss the findings of the General Practice Data Trust pilot study, which has investigated people's reasons for opting out of sharing their data, and, looking for practical solutions to their concerns, has discussed with participants the concept of a 'data trust' to manage the sharing of patient data. Making a conceptual argument for the use of the (relatively new) charitable incorporated organization as a governance model for a GP data trust, we demonstrate how this could address patients' concerns and represent a more attractive means of stewarding GP data for research and service planning purposes.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":" ","pages":""},"PeriodicalIF":1.8,"publicationDate":"2025-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11706794/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142808264","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal fictions and complex lived realities: attributing legal parenthood in P V Q & F & X [2024] EWFC 85 (B)(FAM).

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-01-04 DOI: 10.1093/medlaw/fwaf010

Anna Nelson

引用次数: 0

Prismall v Google UK Ltd [2024] EWCA CIV 1516: misuse of private information in the medical context.

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-01-04 DOI: 10.1093/medlaw/fwaf009

Edward S Dove, Mark J Taylor

引用次数: 0

G v Human Fertilisation and Embryology Authority [2024] EWHC 2453 (FAM): two distinct routes to posthumous fertility treatment. v人类受精和胚胎学管理局[2024]EWHC 2453 (FAM)：两种不同的死后生育治疗途径。