Medical Law Review最新文献_第10页

Should states restrict recipient choice amongst relevant and available COVID-19 vaccines? 国家是否应该限制接受者对相关和可用的COVID-19疫苗的选择?

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-05-25 DOI: 10.1093/medlaw/fwac042

Emma Cave, Aisling McMahon

{"title":"Should states restrict recipient choice amongst relevant and available COVID-19 vaccines?","authors":"Emma Cave, Aisling McMahon","doi":"10.1093/medlaw/fwac042","DOIUrl":"https://doi.org/10.1093/medlaw/fwac042","url":null,"abstract":"Several COVID-19 vaccinations have been authorised worldwide. Whilst some vaccines are contraindicated for certain age groups or health conditions, there are often multiple clinically suitable authorised vaccine brands available. Few states have allowed recipients to choose amongst them, though there are multiple reasons why choice would be valued. We consider the policy justifications for state controls on recipient choice amongst COVID-19 vaccine brands, focusing on European countries and drawing on the UK context as an example. We contrast justifications for not offering choice at the height of the early pandemic crisis, and as some states seek to de-escalate their response and transition towards living with COVID-19. We argue that in the latter context public expectations of choice between available vaccine brands and platforms may rise, but that several considerations may justify continued restrictions on choice. A key factor which states should continue to take into consideration is the global nature of the pandemic. Insofar as offering recipient choice at a national level might exacerbate global inequity in vaccine distribution, states retain a normative and legal justification for restricting choice amongst available and clinically suitable vaccine brands.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"31 2","pages":"272-292"},"PeriodicalIF":1.7,"publicationDate":"2023-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9620748/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9518780","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

Parsing human rights, promoting health equity: reflections on Colombia's response to Venezuelan migration. 解析人权，促进卫生公平:对哥伦比亚应对委内瑞拉移民的思考。

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-05-25 DOI: 10.1093/medlaw/fwac053

Stefano Angeleri, Thérèse Murphy

{"title":"Parsing human rights, promoting health equity: reflections on Colombia's response to Venezuelan migration.","authors":"Stefano Angeleri, Thérèse Murphy","doi":"10.1093/medlaw/fwac053","DOIUrl":"https://doi.org/10.1093/medlaw/fwac053","url":null,"abstract":"Over the last 7 years, a multidimensional crisis in Venezuela has resulted in massive emigration. Over 7 million have fled the country, with more than 2.4 million seeking to settle in Colombia. Of these, as of 2021, more than 1 million were undocumented, but the situation has started to change with the implementation of an ambitious migrant regularisation scheme. Regularisation promises access to comprehensive healthcare, full educational opportunities and the formal labour market. Securing these social determinants of health is critical because social inequalities produce health inequalities-that is, systematic health differences that are preventable and thus unjust. Social medicine, social epidemiology and international human rights law agree on this, yet law-focused studies of health equity initiatives remain rare. Aiming to reverse this, we examine Colombia's response to Venezuelan migration, including its recent migrant regularisation initiative, which was introduced in part to comply with the country's obligations under international human rights law. The examination foregrounds what we are calling 'legal literacy', testing the hypothesis that advancing health equity involves asking more and better questions about international human rights law.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"31 2","pages":"187-204"},"PeriodicalIF":1.7,"publicationDate":"2023-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10210063/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9877745","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: 3

Terminating abortion demonstrations. 终止堕胎示威。

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-05-25 DOI: 10.1093/medlaw/fwad004

Candace Lui, Edward Lui

引用次数: 0

The Voluntary Sterilisation Act: Best Interests, Caregivers, and Disability Rights. 自愿绝育法:最大利益、照顾者和残疾人权利。

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-05-25 DOI: 10.1093/medlaw/fwac036

Hillary Chua

引用次数: 0

Record linkage of routine and cohort data of children in Portugal: challenges and opportunities when using record linkage as a tool for scientific research. 葡萄牙儿童常规和队列数据的记录链接:使用记录链接作为科学研究工具时的挑战和机遇。

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-05-25 DOI: 10.1093/medlaw/fwac040

Julia Nadine Doetsch, Vasco Dias, Inês Lopes, Regina Redinha, Henrique Barros

{"title":"Record linkage of routine and cohort data of children in Portugal: challenges and opportunities when using record linkage as a tool for scientific research.","authors":"Julia Nadine Doetsch, Vasco Dias, Inês Lopes, Regina Redinha, Henrique Barros","doi":"10.1093/medlaw/fwac040","DOIUrl":"https://doi.org/10.1093/medlaw/fwac040","url":null,"abstract":"Linking records could serve as a useful tool for scientific research and as a facilitator for local policymaking. This article examines the challenges and opportunities for researchers to lawfully link routinely collected health and education data with cohort data of children when using it as a tool for scientific research in Portugal. Such linking can be lawfully conducted in Portugal if three requirements are met. First, data processing pursues a legitimate purpose, such as scientific research. Secondly, data linking complies with the legal obligations of research entities and researchers, acting as data controllers or processors, and it respects the rights of children as data subjects. Finally, data linking is based on the explicit written consent of those with parental responsibility for the child. So far, the implementation of the General Data Protection Regulation in Portugal has not facilitated record linkage. It is argued that further harmonised implementation of that Regulation across European Union and European Economic Area Member States, establishing a minimum shared denominator for record linkage in scientific research for the common good, including without explicit consent, is needed.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"31 2","pages":"247-271"},"PeriodicalIF":1.7,"publicationDate":"2023-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9511632","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: 2

Plaintiff aims in medical negligence disputes: limitations of an adversarial system. 医疗过失纠纷的原告目的:对抗制度的限制。

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-05-25 DOI: 10.1093/medlaw/fwac037

Mary-Elizabeth Tumelty

{"title":"Plaintiff aims in medical negligence disputes: limitations of an adversarial system.","authors":"Mary-Elizabeth Tumelty","doi":"10.1093/medlaw/fwac037","DOIUrl":"https://doi.org/10.1093/medlaw/fwac037","url":null,"abstract":"The adversarial nature of medical negligence litigation is subject to frequent criticism by the media, patient advocates, and scholars. In Ireland, reform of the medical negligence dynamic is often mooted, particularly in response to the high financial costs of this type of litigation; however, change in this area has been slow. Recently, the Irish courts have dealt with a number of high-profile, medical negligence disputes, including claims for those affected by the CervicalCheck controversy, which involved the failure to disclose the results of a retrospective audit to women who had developed cervical cancer. These cases have again highlighted the shortcomings of an adversarial system. This article explores the limitations of the tort system in the context of plaintiff aims in medical negligence disputes, drawing on empirical findings (qualitative interviews with patient support groups and barristers), and the literature. In doing so, the article argues that while financial compensation is necessary and appropriate in cases of medical negligence, the current system fails to recognise the often emotional nature of these claims, and the wider needs and aims of litigants involved in these disputes.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"31 2","pages":"226-246"},"PeriodicalIF":1.7,"publicationDate":"2023-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/48/7e/fwac037.PMC10210064.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9515689","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: 3

Jonathan Herring, The Right to Be Protected from Committing Suicide 乔纳森·赫林，免于自杀的权利

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-05-22 DOI: 10.1093/medlaw/fwad010

E. Posner

引用次数: 0

Sue Westwood, Regulating the End of Life—Death Rights 苏·韦斯特伍德，《规范终止生命-死亡权利

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-05-17 DOI: 10.1093/medlaw/fwad011

Nataly Papadopoulou

引用次数: 0

Swati Jha & Eloise Power (eds), Lessons from Medicolegal Cases in Obstetrics and Gynaecology: Improving Clinical Practice Swati Jha和Eloise Power（编辑），从妇产科医学案例中吸取教训：改进临床实践

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-04-05 DOI: 10.1093/medlaw/fwad005

引用次数: 0

SELF-ADMINISTRATION OR PRACTITIONER ADMINISTRATION? THE SCOPE OF FUTURE GERMAN ASSISTED DYING LEGISLATION. 自我用药还是医生用药?未来德国协助临终者立法的范围。

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-02-27 DOI: 10.1093/medlaw/fwac034

Kerstin Braun

{"title":"SELF-ADMINISTRATION OR PRACTITIONER ADMINISTRATION? THE SCOPE OF FUTURE GERMAN ASSISTED DYING LEGISLATION.","authors":"Kerstin Braun","doi":"10.1093/medlaw/fwac034","DOIUrl":"https://doi.org/10.1093/medlaw/fwac034","url":null,"abstract":"In 2020, the German Federal Constitutional Court declared unconstitutional and void a 2015 criminal law penalising suicide assistance in a recurring fashion and called into existence a right to a self-determined death, including the use of suicide services, where available. Due to subsequent legislative inaction, no holistic assisted dying legislation offering protection for vulnerable individuals is currently in place in Germany. Calls have been made for law reform in this area. This article contemplates the possible scope of a future assisted dying framework in Germany. It does so by focusing on the method of administration and analyses whether such a framework should be limited to allowing eligible persons to self-administer relevant lethal medications, which have been prescribed to them by a medical practitioner or whether, and to what extent, practitioners should be able to administer relevant lethal substances to patients. This is comparatively analysed while also keeping in mind any stipulations made by the German Constitutional Court in its 2020 judgment on the requirements of future assisted dying legislation. The article concludes that an assisted dying framework allowing a free choice between self and practitioner administration in Germany best complies with the guidance provided by the Constitutional Court.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"31 1","pages":"141-157"},"PeriodicalIF":1.7,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10778718","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