Medical Law Review最新文献

Designing a voluntary assisted dying framework for dementia: an Australian qualitative study with people living with dementia and carers. 为痴呆症设计一个自愿协助死亡框架：澳大利亚对痴呆症患者和护理人员的定性研究。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-10-05 DOI: 10.1093/medlaw/fwag037

Casey M Haining, Lindy Willmott, Ben P White

{"title":"Designing a voluntary assisted dying framework for dementia: an Australian qualitative study with people living with dementia and carers.","authors":"Casey M Haining, Lindy Willmott, Ben P White","doi":"10.1093/medlaw/fwag037","DOIUrl":"https://doi.org/10.1093/medlaw/fwag037","url":null,"abstract":"In Australia, unlike some international jurisdictions, there is limited scope for a person living with dementia to access voluntary assisted dying (VAD) for their dementia alone. While there is growing attention on whether VAD for dementia should be available in Australia, there is limited evidence about what a regulatory framework should look like if that policy decision were made in the future. In this paper, we report the findings of a qualitative interview study that explores the perspectives of 30 participants, including people living with dementia and past and present carers, on features of a VAD regulatory framework that could permit VAD for dementia in Australia. Our participants expressed mixed views about desirable regulatory features in relation to approaching regulatory design, eligibility criteria, process factors, safeguards and service delivery, with several challenges identified. Despite this, our participants largely believed that a VAD framework could be devised to permit access and acknowledged the importance of both a legal framework and careful system design to foster safety and optimise service delivery.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"34 4","pages":""},"PeriodicalIF":3.1,"publicationDate":"2026-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"149225283","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

The legal paradox of uterus transplantation in transgender women: reproductive innovation and regulatory limits after For Women Scotland. 跨性别妇女子宫移植的法律悖论：苏格兰妇女的生殖创新和监管限制。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-10-05 DOI: 10.1093/medlaw/fwag035

Natasha Hammond-Browning

{"title":"The legal paradox of uterus transplantation in transgender women: reproductive innovation and regulatory limits after For Women Scotland.","authors":"Natasha Hammond-Browning","doi":"10.1093/medlaw/fwag035","DOIUrl":"10.1093/medlaw/fwag035","url":null,"abstract":"Uterus transplantation (UTx) is a novel reproductive technology that intersects organ transplantation and assisted reproduction. Although births following UTx are a clinical reality, the procedure raises legal questions not anticipated by UK legislative frameworks. This article examines whether UTx may lawfully be provided to transgender women for reproductive purposes under UK law through analysis of the Human Tissue Act 2004, Human Fertilisation and Embryology Acts 1990 and 2008, Gender Recognition Act 2004, and the Supreme Court decision in For Women Scotland Ltd v The Scottish Ministers. The article considers whether a transgender woman may lawfully receive a uterus transplant and whether fertility treatment may be provided to facilitate gestation. It argues that the Human Tissue Act 2004 contains no sex-based restriction on organ recipients and therefore does not prohibit transplantation into a transgender woman. However, the reproductive purpose of UTx depends upon access to fertility treatment. Applying the reasoning in For Women Scotland generates uncertainty regarding the legislative meaning of 'woman'. The current statutory framework casts serious doubt upon the legality of providing fertility treatment necessary for gestation. This analysis demonstrates the tension between medical innovation and a legislative framework developed before UTx was contemplated, highlighting the need for legislative clarification.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"34 4","pages":""},"PeriodicalIF":3.1,"publicationDate":"2026-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC13637585/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"149117330","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

Compulsory feeding, capacity, and the limits of the Court of Protection: Re Patricia. 强制喂养，能力和保护法院的限制：Re Patricia。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-10-05 DOI: 10.1093/medlaw/fwag033

Rachel Jenkins

引用次数: 0

Making room for family involvement in medical decision-making. 为家庭参与医疗决策留出空间。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-10-05 DOI: 10.1093/medlaw/fwag040

Marta Łotoczuk

{"title":"Making room for family involvement in medical decision-making.","authors":"Marta Łotoczuk","doi":"10.1093/medlaw/fwag040","DOIUrl":"https://doi.org/10.1093/medlaw/fwag040","url":null,"abstract":"European-level legal norms place the competent adult patient at the centre of medical decision-making through free and informed consent, bodily integrity and self-determination, yet clinical decisions are often formed with the involvement of family members. This tension between individual legal authority and relational decision-making becomes particularly visible in culturally and linguistically diverse healthcare settings, where expectations concerning family roles, information disclosure and participation in decision-making may differ. In practice, excluding relatives may undermine communication, trust and culturally responsive care, while informal deference to family authority may compromise voluntariness, confidentiality and the patient's own wishes. This article asks how law can accommodate family involvement without allowing relatives to replace the patient as the legal source of consent or refusal. It rejects the familiar opposition between individual and relational autonomy and distinguishes instead between legal authorization and relational support. Drawing on Article 8 ECHR, the Oviedo Convention, national and comparative examples, and legal and support mechanisms, it identifies a lawful space for patient-led family participation. The proposed framework requires express and revisable patient authorization, private verification, documentation, confidentiality, voluntariness, equality-sensitive practice, and continuing patient control. Family involvement can therefore be accommodated without diluting consent, provided that relational support never becomes substitute authority.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"34 4","pages":""},"PeriodicalIF":3.1,"publicationDate":"2026-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"149220844","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

Biopolitics and reproductive autonomy in Singapore's Termination of Pregnancy Act 1974. 1974年新加坡终止妊娠法中的生命政治与生殖自主。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-07-08 DOI: 10.1093/medlaw/fwag024

Muzainy Shahiefisally

引用次数: 0

Situational status and moral incoherence in UK bio-law. 英国生物法中的情境地位与道德不一致性。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-07-08 DOI: 10.1093/medlaw/fwag021

Johnny Sakr

{"title":"Situational status and moral incoherence in UK bio-law.","authors":"Johnny Sakr","doi":"10.1093/medlaw/fwag021","DOIUrl":"https://doi.org/10.1093/medlaw/fwag021","url":null,"abstract":"UK bio-law is praised for its pragmatic governance of ethically contested practices, especially embryo research, where the post-Warnock settlement regulates conduct through licensing, oversight, and the 14-day or primitive streak rule without resolving moral-status disputes. This article argues that this pragmatism exposes a structural incoherence, partly narrowed but not resolved by abortion-law reform. Embryo research law treats the embryo as a procedurally governed object, while abortion law has historically operated through a criminal-exception model under the Offences Against the Person Act 1861 and the Abortion Act 1967, expressing moral seriousness through penal form despite abortion's integration into routine health care. The Crime and Policing Act 2026 removes women acting in relation to their own pregnancies from abortion-related criminal liability, but leaves unresolved the article's central question: what justificatory account explains the remaining differences between research governance, clinical abortion regulation, professional boundaries, and prenatal moral salience? This produces a 'situational status problem', where embryonic and foetal life acquire moral and legal significance primarily by institutional context rather than public justification. Drawing on doctrinal and interpretive analysis, a governance-and-trust framework, and comparison with Canada and New South Wales, the article argues that UK bio-law can accommodate moral disagreement, but not unexplained category-shifting.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"34 3","pages":""},"PeriodicalIF":3.1,"publicationDate":"2026-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"148406614","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

Deferring to the regulator and prioritizing public health: British Standards Institute v RRR Manufacturing Pty Ltd, R (On The Application Of) [2024] EWCA Civ 530. 英国标准协会诉RRR制造有限公司，R (On Application Of RRR Manufacturing Pty Ltd .， R)[2024]中国环境科学学报，53。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-07-08 DOI: 10.1093/medlaw/fwag026

Laura Downey

引用次数: 0

The ticking of the (non-biological) clock for consent renewal: AA v Human Fertilisation and Embryology Authority [2026] EWHC 317 (Fam). 同意更新（非生物）时钟的滴答声：AA诉人类受精和胚胎学管理局[2026]EWHC 317 （Fam）。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-07-08 DOI: 10.1093/medlaw/fwag028

Philippa Kemp

引用次数: 0

Towards improved understandings of medical manslaughter: fatal medical error, accountability, and wider paths to learning. 提高对医疗过失杀人的理解：致命的医疗错误、问责制和更广泛的学习途径。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-07-08 DOI: 10.1093/medlaw/fwag031

Danielle Griffiths

{"title":"Towards improved understandings of medical manslaughter: fatal medical error, accountability, and wider paths to learning.","authors":"Danielle Griffiths","doi":"10.1093/medlaw/fwag031","DOIUrl":"https://doi.org/10.1093/medlaw/fwag031","url":null,"abstract":"Criminal liability for fatal errors made by healthcare professionals, medical manslaughter (MM), has prompted much academic and professional debate. There is concern that doctors are increasingly vulnerable to this offence when they make inadvertent clinical errors in complex healthcare systems where mistakes are common and often arise from systemic causes. Yet, these discussions have been dominated by a few appellate court cases and focused on doctors, not victims. This highlights a key data gap and suggests that there may be patterns in MM cases not fully understood. This article analyses 192 MM cases that constitute all known investigations referred to the Crown Prosecution Service between 2007 and 2018. The analysis shows that MM prosecutions are extremely rare but also reveals previously unexplored trends, including high levels of individual advertent faults and deeper structural concerns beyond systemic faults. Although MM remains a contentious offence, attention must also shift to this wider body of cases, which demand approaches extending beyond criminal law and capable of addressing cross-cutting forms of culpability including structural violence. By situating these cases within a broader regulatory context, I demonstrate that MM cases constitute a vital yet underutilized resource for learning and accountability.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"34 3","pages":""},"PeriodicalIF":3.1,"publicationDate":"2026-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC13472672/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"148765465","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

Abortion law in the Crown Dependencies: liberalisation in the UK's small, independent neighbours. 英国属地的堕胎法：英国小而独立的邻国的自由化。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-07-08 DOI: 10.1093/medlaw/fwag030

Jordan A Parsons, Alexandra Mullock

{"title":"Abortion law in the Crown Dependencies: liberalisation in the UK's small, independent neighbours.","authors":"Jordan A Parsons, Alexandra Mullock","doi":"10.1093/medlaw/fwag030","DOIUrl":"10.1093/medlaw/fwag030","url":null,"abstract":"There has been significant exploration of UK abortion law variation in recent years. However, this comparative research has not extended to the neighbouring Crown Dependencies. The Isle of Man, Guernsey, and Jersey operate in unusual constitutional contexts, with more autonomy than the UK's devolved nations. Whilst they often match UK policy in many areas, this is not automatic. In this article, we examine recent progress the Crown Dependencies have made on abortion regulation. Following a brief constitutional background and overview of UK abortion law, we examine the differing ways all three Crown Dependencies have approached the question of abortion. Finally, drawing on these developments, we suggest a broader comparative approach in health law in the British Islands would be beneficial because of the significant social, legal, and medical links between the UK and the Crown Dependencies. We argue any characterisation of the Isle of Man, Guernsey, and/or Jersey as following the UK for policy direction is inaccurate where health policy questions involving fundamental moral choices are concerned. Instead, the Crown Dependencies have flexed their independence to show a pioneering approach to an important and morally sensitive matter of health law, providing useful insights other jurisdictions may benefit from.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"34 3","pages":""},"PeriodicalIF":3.1,"publicationDate":"2026-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC13623522/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"149082716","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