Medical Law Review最新文献

Guy's and St Thomas'-v-Knight [2021] EWHC 25: Dignity in English law. Guy's and St Thomas'-v-Knight [2021] EWHC 25：英国法律中的尊严。

IF 1.8 4区医学

Medical Law Review Pub Date : 2024-11-01 DOI: 10.1093/medlaw/fwae027

Melanie J Weismann

引用次数: 0

Editorial: Reproductive health, choice, and justice. 社论：生殖健康、选择与公正。

IF 1.8 4区医学

Medical Law Review Pub Date : 2024-11-01 DOI: 10.1093/medlaw/fwae039

Bev Clough, Sara Fovargue, Rob Heywood, José Miola

引用次数: 0

Towards a rights-based approach for disabled women's access to abortion. 以权利为本，促进残疾妇女获得堕胎服务。

IF 1.8 4区医学

Medical Law Review Pub Date : 2024-11-01 DOI: 10.1093/medlaw/fwae026

Magdalena Furgalska, Fiona de Londras

引用次数: 0

FemTech: empowering reproductive rights or FEM-TRAP for surveillance? FemTech：赋予生殖权利还是监控 FEM-TRAP？

IF 1.8 4区医学

Medical Law Review Pub Date : 2024-11-01 DOI: 10.1093/medlaw/fwae035

Dylan Hofmann

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Addressing the consequences of the corporatization of reproductive medicine. 应对生殖医学公司化的后果。

IF 1.8 4区医学

Medical Law Review Pub Date : 2024-11-01 DOI: 10.1093/medlaw/fwae018

Sara A Attinger, Emily Jackson, Isabel Karpin, Ian Kerridge, Ainsley J Newson, Cameron Stewart, Lucy van de Wiel, Wendy Lipworth

{"title":"Addressing the consequences of the corporatization of reproductive medicine.","authors":"Sara A Attinger, Emily Jackson, Isabel Karpin, Ian Kerridge, Ainsley J Newson, Cameron Stewart, Lucy van de Wiel, Wendy Lipworth","doi":"10.1093/medlaw/fwae018","DOIUrl":"10.1093/medlaw/fwae018","url":null,"abstract":"In Australia and the UK, commercialization and corporatization of assisted reproductive technologies have created a marketplace of clinics, products, and services. While this has arguably increased choice for patients, 'choice', shaped by commercial imperatives may not mean better-quality care. At present, regulation of clinics (including clinic-corporations) and clinicians focuses on the doctor-patient dyad and the clinic-consumer dyad. Scant attention has been paid to the conflicts between the clinic-corporation's duty to its shareholders and investors, the medical profession's duty to the corporations within which they practice, and the obligations of both clinicians and corporations to patients and to health systems. Frameworks of regulation based in corporate governance and business ethics, such as stakeholder models and 'corporate social responsibility', have well-recognized limits and may not translate well into healthcare settings. This means that existing governance frameworks may not meet the needs of patients or health systems. We argue for the development of novel regulatory approaches that more explicitly characterize the obligations that both corporations and clinicians in corporate environments have to patients and to society, and that promote fulfilment of these obligations. We consider mechanisms for application in the multi-jurisdictional setting of Australia, and the single jurisdictional settings of the UK.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":" ","pages":"444-467"},"PeriodicalIF":1.8,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141763995","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

Donor conception, direct-to-consumer genetic testing, choices, and procedural justice: an argument for reform of the Human Fertilisation and Embryology Act 1990. 捐献受孕、直接面向消费者的基因检测、选择和程序正义：改革《1990 年人类受精和胚胎学法案》的论据。

IF 1.8 4区医学

Medical Law Review Pub Date : 2024-11-01 DOI: 10.1093/medlaw/fwae028

Caroline A B Redhead, Lucy Frith

{"title":"Donor conception, direct-to-consumer genetic testing, choices, and procedural justice: an argument for reform of the Human Fertilisation and Embryology Act 1990.","authors":"Caroline A B Redhead, Lucy Frith","doi":"10.1093/medlaw/fwae028","DOIUrl":"10.1093/medlaw/fwae028","url":null,"abstract":"In this article, using theories of procedural justice and 'slow violence', we consider potential reform of the Human Fertilisation and Embryology Act 1990. Our theoretical discussion is underpinned by findings from the ConnecteDNA project, exploring how people affected by donor conception experience direct-to-consumer genetic testing (DTCGT). The negative impacts of DTCGT, especially shock discoveries about the circumstances of someone's conception in adulthood, are linked to donor anonymity, and how its continued protection is experienced as a barrier to the rights and agency of donor-conceived people. We focus on two key issues relating to the donor information access process set out in section 31ZA of the 1990 Act. The first is that it excludes certain cohorts of donor-conceived people, creating inequalities of access to donor information. The second is the impact of the use of DTCGT to search for that information. We discuss what a procedurally just process of law reform would look like, concluding that, whatever (prospective) approach to donor anonymity is taken, the donor information access process should be the same for all donor-conceived people. We thus argue that, even were the status quo to be maintained, reform of the donor information access process with retrospective effect would be required.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":" ","pages":"505-529"},"PeriodicalIF":1.8,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141789565","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 Delicate Balance Struck by the Abortion Services (Safe Access Zones) (Scotland) Act 2024. 2024 年堕胎服务（安全区）（苏格兰）法案》实现的微妙平衡。

IF 1.8 4区医学

Medical Law Review Pub Date : 2024-11-01 DOI: 10.1093/medlaw/fwae040

Emily Ottley

引用次数: 0

Anticipatory declarations in obstetric care: a relational and spatial examination of patient empowerment, institutional impacts and temporal challenges. 产科护理中的预期声明：对患者赋权、机构影响和时间挑战的关系和空间研究。

IF 1.8 4区医学

Medical Law Review Pub Date : 2024-11-01 DOI: 10.1093/medlaw/fwae032

Aimee V Hulme

{"title":"Anticipatory declarations in obstetric care: a relational and spatial examination of patient empowerment, institutional impacts and temporal challenges.","authors":"Aimee V Hulme","doi":"10.1093/medlaw/fwae032","DOIUrl":"10.1093/medlaw/fwae032","url":null,"abstract":"Seeking an anticipatory declaration from the Court of Protection (CoP) to manage a risk of future loss of capacity in pregnant people during labour and delivery appears to be occurring more frequently. This article examines a growing case sample of recent CoP judgments in which anticipatory declarations have been sought and adopts a combined relational and spatial approach to question whether these types of anticipatory declarations empower patient autonomous choice, and to illuminate the complex web of relational, spatial, and temporal factors that hold influence over the way in which mental capacity law operates. Viewing such processes from both a patient and institutional perspective offers useful insights into the law's normative workings, boundaries, and constraints, and ultimately points to conclusions on the (in)effectiveness of anticipatory declarations as a legal mechanism for dealing with the risk of a patient losing capacity in the future. Moreover, however, taking a broader, spatial view signals the challenges posed by these cases to mental capacity legislation itself. The justifiability of the binary construct of capacity/incapacity has been challenged by some writers in this field, and this article offers further reflection on the integrity of this binary through its discussion of anticipatory orders for pregnant people.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":" ","pages":"530-548"},"PeriodicalIF":1.8,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142037504","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

Mental health and capacity laws in Northern Ireland: examining the position of children and young people. 北爱尔兰的精神健康和行为能力法：研究儿童和青少年的状况。

IF 1.8 4区医学

Medical Law Review Pub Date : 2024-10-27 DOI: 10.1093/medlaw/fwae038

Anne-Maree Farrell, Elizabeth Agnew, Patrick Hann

{"title":"Mental health and capacity laws in Northern Ireland: examining the position of children and young people.","authors":"Anne-Maree Farrell, Elizabeth Agnew, Patrick Hann","doi":"10.1093/medlaw/fwae038","DOIUrl":"https://doi.org/10.1093/medlaw/fwae038","url":null,"abstract":"Mental health and capacity laws applicable to children and young people in Northern Ireland (NI) lack clarity and coherence, with significant gaps in service provision and safeguarding. Drawing on an examination of such laws, we argue that law reform is needed. In the short term, we suggest there is merit in publishing statutory guidance, such as a Code of Practice, to address both the issue of evolving capacity in children and to facilitate best practice in policy and practice. This modest reform in the short term should be accompanied by a firm political commitment to ensuring that NI's innovative fusion mental capacity legislation is fully brought into force in the medium term. Meanwhile, law reform should form part of a holistic approach on the part of NI's policy-makers towards improving mental healthcare provision for children and young people in line with a human rights-based approach. This would include the following: increased allocation of funding and resources to facilitate more timely access to suitable treatment and related services; enhancing participation in policy, judicial, and clinical decision-making that impacts their lives; and employing a range of executive accountability mechanisms to drive improvements in such provision over time.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":" ","pages":""},"PeriodicalIF":1.8,"publicationDate":"2024-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142511320","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 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 : 2024-09-25 DOI: 10.1093/medlaw/fwae034

Hillary Chua, Camillia Kong, Michael Dunn

引用次数: 0