Medical Law Review最新文献

Medical misogyny: understanding epistemic injustice to achieve safer healthcare for women in the UK. 医学厌女症：了解认识上的不公正，以实现英国妇女更安全的医疗保健。

IF 1.7 4区医学

Medical Law Review Pub Date : 2026-04-14 DOI: 10.1093/medlaw/fwag009

Laura O'Donovan, Sarah Devaney, Alexandra Mullock, Victoria L Moore

{"title":"Medical misogyny: understanding epistemic injustice to achieve safer healthcare for women in the UK.","authors":"Laura O'Donovan, Sarah Devaney, Alexandra Mullock, Victoria L Moore","doi":"10.1093/medlaw/fwag009","DOIUrl":"10.1093/medlaw/fwag009","url":null,"abstract":"Since 2019, numerous reports (both official and charity-led) have been published detailing patient care and safety failings in areas of women's healthcare in hospitals across the UK. A common theme that has emerged from these reports is a sense that the voices of women and people seeking maternity care and/or treatment for female health conditions are frequently dismissed and silenced. While many of the examples detailed in these reports have been appropriately recognized as both individual and systemic failings in patient care, here we apply Miranda Fricker's epistemic injustice framework to these issues. We argue that testimonial injustice (a form of discriminatory epistemic injustice) forms a core part of the experience of some of these patients' care resulting in a compounding of their experience of harm. Despite various exhortations within the reports that women should be listened to, the evidence demonstrates that women's testimonial knowledge is systematically devalued. We thus contend that a fundamental reframing of the issue is required and that understanding how and why epistemic injustice occurs is critical to developing a better understanding of how to avoid it, both in the provision of women's healthcare and in its regulation.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"34 2","pages":""},"PeriodicalIF":1.7,"publicationDate":"2026-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC13091612/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147717823","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

Nobody does it better? A judicial rationalization of judges as best interests decision-makers-RE RS (Best Interests: Surgery and Intensive Care) [2025] EWCOP 38 (T3). 没人做得更好吗？法官作为最佳利益决策者的司法合理化——最佳利益：外科和重症监护[2025]EWCOP 38(3)。

IF 1.7 4区医学

Medical Law Review Pub Date : 2026-04-14 DOI: 10.1093/medlaw/fwag008

John Coggon

引用次数: 0

Critical analysis of the EU's legislative proposal to incentivize investment in antimicrobial R&D and access. 对欧盟鼓励抗菌药物研发和获取投资的立法提案进行批判性分析。

IF 1.7 4区医学

Medical Law Review Pub Date : 2026-04-14 DOI: 10.1093/medlaw/fwag010

Laura Valtere

{"title":"Critical analysis of the EU's legislative proposal to incentivize investment in antimicrobial R&D and access.","authors":"Laura Valtere","doi":"10.1093/medlaw/fwag010","DOIUrl":"https://doi.org/10.1093/medlaw/fwag010","url":null,"abstract":"Antibiotics are fundamental to modern medicine, enabling routine surgery, chemotherapy, and treatment of common infections. However, innovation has stagnated, largely targeting known classes that are vulnerable to resistance. Antimicrobial resistance (AMR)-the ability of pathogens to withstand treatment-erodes therapeutic effectiveness and poses substantial health and economic burdens. Addressing AMR requires an integrated strategy that preserves existing agents and rebuilds the pipeline. Traditional incentives, like patents and regulatory exclusivities, do not mitigate the risks associated with development or guarantee returns in a market where antimicrobial R&D often has negative net value. What is needed is a tailored package across the lifecycle: push incentives to finance high-risk early discovery and preclinical work, and pull incentives like market entry rewards, subscription models, and, where appropriate, exclusivity vouchers, to support late-stage development, secure predictable revenues, and ensure timely access. Experiences from the UK and Sweden show that subscription payments can stabilize supply and even deliver innovation incentives by decoupling revenues from volume. One-off rewards, including transferable exclusivity vouchers (TEVs), can decouple sales from use, but raise concerns around predictability and conditionality. Ultimately, economic tools must be coupled with stewardship and equitable access, alongside a shift from pay-by-volume to pay-for-provision/access.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"34 2","pages":""},"PeriodicalIF":1.7,"publicationDate":"2026-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147786769","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 promise of the EU's draft repurposing programme. 欧盟重新利用计划草案的承诺。

IF 1.7 4区医学

Medical Law Review Pub Date : 2026-04-14 DOI: 10.1093/medlaw/fwag011

Gabriela Lenarczyk, Johnathon Liddicoat

{"title":"The promise of the EU's draft repurposing programme.","authors":"Gabriela Lenarczyk, Johnathon Liddicoat","doi":"10.1093/medlaw/fwag011","DOIUrl":"https://doi.org/10.1093/medlaw/fwag011","url":null,"abstract":"Government-led repurposing programmes are reshaping the division of labour in pharmaceutical innovation. A new power drafted into the European Union pharmaceutical reform package will allow the European Medicines Agency (EMA) to add new therapeutic indications to marketed medicines without the marketing authorization holder's consent. Companies oppose this power, but in weighing up enacting the power, society has a poor understanding of its potential to help patients. This study offers the first empirical assessment of the promise of the power. It analyses 198 medicines from 12 years, comparing EMA-authorized labels with those authorized by the US Food and Drug Administration and a leading reference for off-label uses. Sixty-seven per cent of the medicines have at least one additional use supported by clinical evidence, yielding 320 potential new uses. Of these, 39 per cent are for new diseases and 61 per cent for new patient cohorts, a third of the latter concerning paediatric populations. Commentators generally omit discussing repurposing for new patient cohorts, even though it is a focus of the European Commission. The study's results suggest that the power could be used to authorize a meaningful number of evidence-based uses, especially those already authorized in the USA, while also revealing a policy synergy for neglected populations.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"34 2","pages":""},"PeriodicalIF":1.7,"publicationDate":"2026-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147822670","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

Oversight of medical assistance in dying (MAiD) in Canada: perspectives of MAiD assessors/providers and organizational regulatory actors. 加拿大对临终医疗援助的监督：医疗援助评估人员/提供者和组织监管行为者的观点。

IF 1.7 4区医学

Medical Law Review Pub Date : 2026-01-15 DOI: 10.1093/medlaw/fwag004

Eliana Close, Jocelyn Downie, Ben P White

{"title":"Oversight of medical assistance in dying (MAiD) in Canada: perspectives of MAiD assessors/providers and organizational regulatory actors.","authors":"Eliana Close, Jocelyn Downie, Ben P White","doi":"10.1093/medlaw/fwag004","DOIUrl":"10.1093/medlaw/fwag004","url":null,"abstract":"In 2016, Canada amended the federal Criminal Code to legalize medical assistance in dying (MAiD). While there is a federal monitoring system for MAiD, oversight is considered a provincial/territorial responsibility. Some provinces have established MAiD-specific oversight mechanisms, while others have not, fuelling debates about optimal regulation. This article reports on qualitative research about how key stakeholders perceive oversight and its role in MAiD regulation. The research focused on three Canadian provinces with different approaches to oversight (British Columbia, Ontario, and Nova Scotia). It involved 68 interviews with two key groups: MAiD assessors and providers (physicians and nurse practitioners who provide MAiD); and 'organizational actors' working in governments, regulatory bodies, professional organizations, and healthcare institutions. Despite different oversight models, participants had a broad preference for their province's model. Participants had diverse views about the adequacy of oversight, with some calling for deeper case assessment. Additional improvements included embedding mechanisms for quality improvement and alleviating the burden of oversight on practitioners. Participants also emphasized that MAiD was part of medical practice, and other mechanisms beyond MAiD-specific oversight played a role in accountability. This study can inform discussions about optimal models of MAiD oversight in Canada and in other countries considering assisted dying laws.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"34 1","pages":""},"PeriodicalIF":1.7,"publicationDate":"2026-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC13048363/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147576361","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

What's in a name? Abbasi and Another v Newcastle upon Tyne Hospitals NHS Foundation Trust; Haastrup v King's College Hospital NHS Foundation Trust [2025] UKSC 15. 名字里有什么？Abbasi和Another诉纽卡斯尔泰恩医院NHS基金会信托基金；Haastrup诉King's College Hospital NHS Foundation Trust [2025] UKSC 15。

IF 1.7 4区医学

Medical Law Review Pub Date : 2026-01-15 DOI: 10.1093/medlaw/fwaf047

Rebecca Jeyaraj, Emma Cave, David Archard, Joe Brierley

引用次数: 0

Fifty years of the Congenital Disabilities (Civil Liability) Act 1976: A spent statute? 《1976年先天性残疾（民事责任）法》的五十年：过时的法规？

IF 1.7 4区医学

Medical Law Review Pub Date : 2026-01-15 DOI: 10.1093/medlaw/fwag003

Craig Purshouse, Emma Cave

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From scalpel to statute: IVG's impact on invasiveness and gender parity in posthumous conception. 从手术刀到法规：IVG对死后受孕的侵入性和性别平等的影响。

IF 1.7 4区医学

Medical Law Review Pub Date : 2026-01-15 DOI: 10.1093/medlaw/fwag002

Claire McGovern

{"title":"From scalpel to statute: IVG's impact on invasiveness and gender parity in posthumous conception.","authors":"Claire McGovern","doi":"10.1093/medlaw/fwag002","DOIUrl":"10.1093/medlaw/fwag002","url":null,"abstract":"If in vitro gametogenesis (IVG), the derivation of eggs or sperm from somatic tissue, is successfully applied to humans, it could reshape UK reproductive law. In particular, IVG could transform the legal and ethical landscape for posthumous conception by expanding the availability of gametes beyond the constraints of time and traditional gamete retrieval methods. This article advances three claims with respect to IVG's potential impact on posthumous conception. First, IVG could undermine 'invasiveness' based ethical objections to posthumous gamete retrieval. Secondly, by avoiding ovarian stimulation and surgical retrieval, IVG could narrow gender disparities in the gametes available for posthumous use. Thirdly, because IVG-derived material does not currently fall within the definition of 'permitted' gametes under the UK's Human Fertilization and Embryology Act 1990, UK clinics will remain barred from using them in treatment absent statutory reforms. In practice, IVG could therefore expand gamete procurement and storage with requests for clinical use proceeding by export rather than domestic treatment. The arguments put forward throughout are based on IVG advancing in line with current expectations. The conclusions do not presuppose that IVG is imminent but rather are made considering the technology's potential realization and the prospective consequences for posthumous conception.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"34 1","pages":""},"PeriodicalIF":1.7,"publicationDate":"2026-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147345538","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

Re QX (Parental Consent for Deprivation of Liberty: Children under 16) [2025] EWHC 745 (Fam): Parental consent and deprivation of liberty. reqx（父母同意剥夺自由：16岁以下儿童）[2025]EWHC 745 (Fam)：父母同意与剥夺自由。

IF 1.7 4区医学

Medical Law Review Pub Date : 2026-01-15 DOI: 10.1093/medlaw/fwaf048

Clayton Ó Néill

引用次数: 0

Freedom isn't free: resource limits on person-centred best interests decisions under the Mental Capacity Act. 自由不是免费的：根据《精神能力法》，以人为本的最佳利益决策受到资源限制。

IF 1.7 4区医学

Medical Law Review Pub Date : 2026-01-15 DOI: 10.1093/medlaw/fwag001

Giles Birchley, Aoife Finnerty

{"title":"Freedom isn't free: resource limits on person-centred best interests decisions under the Mental Capacity Act.","authors":"Giles Birchley, Aoife Finnerty","doi":"10.1093/medlaw/fwag001","DOIUrl":"10.1093/medlaw/fwag001","url":null,"abstract":"Best interests under the Mental Capacity Act 2005 has been cast as an empowering, person-centred process that protects a person's rights and freedom of action. In practice this laudable goal is constrained by monetary and temporal resources. Drawing on a qualitative study which encompassed the views of patients, carers, healthcare professionals, and lawyers, we observe that, where resources are inadequate, the quality of decision-making declines and the options on offer are restricted. While austerity has disproportionately disadvantaged people with disabilities and additional needs in numerous ways, in mental capacity law, the impact of this is evident in the gap between the protection of procedural and substantive rights offered by the law. While the courts deal robustly with challenges to 'faulty' procedure, challenging substantive issues is difficult and has limited prospects of improving outcomes, even if the decision is clearly inadequate in any sensible interpretation of the court's aspiration to person-centredness. Tracing these differences back to the different logics of the European Convention on Human Rights and the United Nations Convention on the Rights of Persons with Disabilities, we argue that, as things currently stand, the law cannot resolve these issues, dooming the aspiration to person-centredness to remain constrained and provisional.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"34 1","pages":""},"PeriodicalIF":1.7,"publicationDate":"2026-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC13048362/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147576209","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