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

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

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

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。

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-01-04 DOI: 10.1093/medlaw/fwae046

Lisa Cherkassky, Emily Ottley

引用次数: 0

How best to regulate voluntary assisted dying: a qualitative study of perceptions of Australian doctors and regulators.

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-01-04 DOI: 10.1093/medlaw/fwae045

Ben P White, Casey M Haining, Lindy Willmott

{"title":"How best to regulate voluntary assisted dying: a qualitative study of perceptions of Australian doctors and regulators.","authors":"Ben P White, Casey M Haining, Lindy Willmott","doi":"10.1093/medlaw/fwae045","DOIUrl":"10.1093/medlaw/fwae045","url":null,"abstract":"It is widely accepted that voluntary assisted dying (VAD) should be regulated but little is known about the most effective way to regulate doctors in this setting. This article reports on empirical research conducted in two Australian states where VAD is lawful (Victoria and Western Australia). Interviews were conducted with 92 participants: one group comprised doctors providing VAD and the other group was regulators in this field. Participants were asked about how best to regulate doctors providing this service. Strikingly, both regulator and doctor participant groups were consistent with each other in their views on what constituted effective regulation. The nature of VAD was perceived by participants to require special regulation, although some felt this was overdone in these states. Reported features of effective regulation included regulators taking an educative approach, regulation being perceived as acceptable by doctors, and it being responsive and nimble to provide the guidance that doctors need. Participants also considered a range of regulatory tools were required to regulate VAD effectively, and some identified a need for these tools to be employed together in a holistic way. This article concludes with a set of principles for effective regulation of VAD, discerned from the views of participants.","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/PMC11793166/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143191090","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 Public Mental Health Framework: thinking about law as preventive medicine.

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-01-04 DOI: 10.1093/medlaw/fwaf002

Kay E Wilson

引用次数: 0

Harnessing deliberative regulation to address inequities in accessing healthcare services in England. 利用审议性监管解决英格兰在获得医疗保健服务方面的不平等问题。

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-01-04 DOI: 10.1093/medlaw/fwae042

Sabrina Germain, Gianluca Veronesi

{"title":"Harnessing deliberative regulation to address inequities in accessing healthcare services in England.","authors":"Sabrina Germain, Gianluca Veronesi","doi":"10.1093/medlaw/fwae042","DOIUrl":"10.1093/medlaw/fwae042","url":null,"abstract":"System-level decisions around the commissioning and provision of healthcare services in England have contributed to barriers in accessing the National Health Service. In this article, we ask how to better regulate resource allocation to ensure greater equity in access to healthcare services. First, we focus on the Health and Care Act 2022, which, drawing on principles of deliberative regulation to address health inequalities, initiates a shift away from previous regulatory approaches towards a collaborative decision-making model. We then shed light on the systemic factors creating and maintaining access barriers by considering shortcomings in previous regulatory approaches. With these in mind, we consider whether deliberative regulation-providing communities with resources to create normative solutions to intrinsic issues-could help address these systemic challenges. To assess the potential of laws or policies to achieve greater equity in healthcare, we also introduce an evaluative framework based on deliberative principles. We apply this framework to a case study of an Integrated Care System to gauge the extent to which the Health and Care Act 2022 has indeed been effectively adopting a deliberative approach by intentionally engaging marginalized communities in decision-making and devising accountability mechanisms for the allocation of healthcare resources.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":" ","pages":""},"PeriodicalIF":1.8,"publicationDate":"2025-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142899606","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

Breaking vaccination barriers among migrants? Human rights and crisis preparedness.

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-01-04 DOI: 10.1093/medlaw/fwaf004

Yana Litins'ka

引用次数: 0