Medical Law Review最新文献_第10页

The Health and Care Act 2022: inserting telemedicine into the Abortion Act 1967. 《2022年保健和保健法》:将远程医疗纳入1967年《堕胎法》。

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-02-27 DOI: 10.1093/medlaw/fwac046

Adelyn L M Wilson

引用次数: 1

WHERE DOES RESPONSIBILITY LIE? ANALYSING LEGAL AND REGULATORY RESPONSES TO FLAWED CLINICAL DECISION SUPPORT SYSTEMS WHEN PATIENTS SUFFER HARM. 责任在哪里?分析当患者遭受伤害时，对有缺陷的临床决策支持系统的法律和监管反应。

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-02-27 DOI: 10.1093/medlaw/fwac022

Megan Prictor

{"title":"WHERE DOES RESPONSIBILITY LIE? ANALYSING LEGAL AND REGULATORY RESPONSES TO FLAWED CLINICAL DECISION SUPPORT SYSTEMS WHEN PATIENTS SUFFER HARM.","authors":"Megan Prictor","doi":"10.1093/medlaw/fwac022","DOIUrl":"https://doi.org/10.1093/medlaw/fwac022","url":null,"abstract":"Clinical decision support systems (CDSSs) are digital healthcare information systems that apply algorithms to patient data to generate tailored recommendations. They are designed to support, but neither dictate nor execute, clinical decisions. CDSSs can introduce new risks, both by design features that heighten clinician burden and by outright errors that generate faulty recommendations for care. In the latter instance, if such unintercepted recommendations were to result in harm to the patient, novel legal questions emerge. Does legal responsibility for this harm lie with the clinician, the software developer or both? What is the clearest path to a remedy? Further, how does the Australian regulatory framework provide for oversight and redress? This article analyses the potential forms of legal redress in negligence, contract and under statutory consumer law, for the patient and the clinician. It also examines the Australian regulatory framework, specifically in relation to the Australian Competition and Consumer Commission and the Therapeutic Goods Administration, and reflects on the framework's adequacy to protect patients and clinicians. It finds that the regulatory approach and the contour of legal risk still centre upon the clinician's duty to exercise decisional autonomy and to intercept flawed recommendations generated by algorithmic errors within CDSSs.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"31 1","pages":"1-24"},"PeriodicalIF":1.7,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9969406/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10796619","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: 1

THE REQUIREMENT FOR TRANS AND GENDER DIVERSE YOUTH TO SEEK COURT APPROVAL FOR THE COMMENCEMENT OF HORMONE TREATMENT: A COMPARISON OF AUSTRALIAN JURISPRUDENCE WITH THE ENGLISH DECISION IN BELL. 要求跨性别和性别多样化的年轻人寻求法院批准开始激素治疗:澳大利亚法理学与英国贝尔案判决的比较。

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-02-27 DOI: 10.1093/medlaw/fwac026

Malcolm K Smith

{"title":"THE REQUIREMENT FOR TRANS AND GENDER DIVERSE YOUTH TO SEEK COURT APPROVAL FOR THE COMMENCEMENT OF HORMONE TREATMENT: A COMPARISON OF AUSTRALIAN JURISPRUDENCE WITH THE ENGLISH DECISION IN BELL.","authors":"Malcolm K Smith","doi":"10.1093/medlaw/fwac026","DOIUrl":"https://doi.org/10.1093/medlaw/fwac026","url":null,"abstract":"This article outlines the Australian legal position relevant to minors and the commencement of hormone treatment for Gender Dysphoria (GD). It traces the significant Australian legal developments in this field and compares the Australian jurisprudence with recent English caselaw. In Quincy Bell and Mrs A v The Tavistock and Portman NHS Foundation Trust and Ors, the English High Court held that minors below 16 years are not likely to have the requisite competency to lawfully consent to the commencement of puberty suppressing drugs. The Court of Appeal subsequently overturned this decision, but there are important aspects of the High Court's reasoning that warrant further analysis, particularly some of the underlying reasoning about the nature of GD as a condition and its treatment. This article highlights several common themes when comparing the High Court's reasoning in Bell with Australian jurisprudence and highlights how the Australian position has advanced significantly since the first Australian cases in this field were decided. This comparison shows that the Australian perspective is important in demonstrating how judicial views can advance over time alongside a deeper understanding of GD, its treatment, and the broader impact of a requirement to involve the court in such cases. It is concluded that the Australian perspective should be considered in future English cases.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"31 1","pages":"47-82"},"PeriodicalIF":1.7,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9969405/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10797604","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: 1

RELATIONSHIPS, RIGHTS, AND RESPONSIBILITIES: (RE)VIEWING THE NHS CONSTITUTION FOR THE POST-PANDEMIC 'NEW NORMAL'. 关系、权利和责任:(重新)为大流行后的“新常态”审视NHS宪法。

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-02-27 DOI: 10.1093/medlaw/fwac028

Caroline A B Redhead, Sara Fovargue, Lucy Frith, Anna Chiumento, Heather Draper, Paul B Baines

{"title":"RELATIONSHIPS, RIGHTS, AND RESPONSIBILITIES: (RE)VIEWING THE NHS CONSTITUTION FOR THE POST-PANDEMIC 'NEW NORMAL'.","authors":"Caroline A B Redhead, Sara Fovargue, Lucy Frith, Anna Chiumento, Heather Draper, Paul B Baines","doi":"10.1093/medlaw/fwac028","DOIUrl":"https://doi.org/10.1093/medlaw/fwac028","url":null,"abstract":"Action needs to be taken to map out the fairest way to meet the needs of all NHS stakeholders in the post-pandemic 'new normal'. In this article, we review the NHS Constitution, looking at it from a relational perspective and suggesting that it offers a useful starting point for such a project, but that new ways of thinking are required to accommodate the significant changes the pandemic has made to the fabric of the NHS. These new ways of thinking should encompass concepts of solidarity, care, and (reciprocal) responsibility, grounded in an acceptance of the importance of relationships in society. To this end, we explore and emphasise the importance of our interconnections as NHS stakeholders and 're-view' the NHS Constitution from a relational perspective, concentrating on the rights and responsibilities it describes for patients and the public as NHS stakeholders. We argue that the NHS Constitution, of which most stakeholders are probably unaware, can be used as a tool to engage us, and to catalyse conversation about how our responsibilities as NHS stakeholders should change in the post-pandemic 'new normal'.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"31 1","pages":"83-108"},"PeriodicalIF":1.7,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9969409/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10793282","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: 2

ON GESTATION AND MOTHERHOOD. 关于怀孕和母性。

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-02-27 DOI: 10.1093/medlaw/fwac030

Zaina Mahmoud, Elizabeth Chloe Romanis

{"title":"ON GESTATION AND MOTHERHOOD.","authors":"Zaina Mahmoud, Elizabeth Chloe Romanis","doi":"10.1093/medlaw/fwac030","DOIUrl":"https://doi.org/10.1093/medlaw/fwac030","url":null,"abstract":"In English law, legal motherhood is allocated to the person who gestated. However, we argue that gestation-legally denoted as the \"natural\" source of parenting obligations-is often constructed as mothering, rather than the precursor to it. This means that women and pregnant people are treated as mothers prior to birth in legal and medical contexts. Since legal motherhood is an important status, defining the role an individual plays in a child's life, the conflation of gestation and motherhood does not reflect that, legally, a fetus does not have personhood. This blurring between gestation and motherhood is metaphysically incoherent, as a fetus is not an entity that can be parented. This conflation poses a real harm to pregnant people's autonomy, specifically those who do not intend to parent or who do not identify as women. More broadly, the medico-legal conflation of gestation and mothering is autonomy-limiting for all pregnant people as, resultantly, they may be coerced into obstetric intervention through legal processes. We argue for a better recognition of the differences between gestation and mothering, to promote autonomy and reflect the very different ways families may be formed.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"31 1","pages":"109-140"},"PeriodicalIF":1.7,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9969408/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10797616","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: 2

'THIS IS NO COUNTRY FOR OLD (WO)MEN'? AN EXAMINATION OF THE APPROACH TAKEN TO CARE HOME RESIDENTS DURING THE COVID-19 PANDEMIC. “这不是老男人的国家”?COVID-19大流行期间对养老院居民采取的方法的审查。

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-02-27 DOI: 10.1093/medlaw/fwac023

Clayton Ó Néill

{"title":"'THIS IS NO COUNTRY FOR OLD (WO)MEN'? AN EXAMINATION OF THE APPROACH TAKEN TO CARE HOME RESIDENTS DURING THE COVID-19 PANDEMIC.","authors":"Clayton Ó Néill","doi":"10.1093/medlaw/fwac023","DOIUrl":"https://doi.org/10.1093/medlaw/fwac023","url":null,"abstract":"This article discusses the human rights of residents in care homes in England who were affected by restrictions that were imposed during the first months of the COVID-19 pandemic in order to safeguard health and life at a time of public health emergency. It focuses on the potentially adversarial relationship between the need to protect the health of these residents and the possible adverse interferences with their human rights in the initial phase of the pandemic. The scope and application of these rights to the healthcare context is not straightforward due to the exigencies of the pandemic. Consideration is given to whether their rights, as protected by the European Convention on Human Rights (ECHR) and the United Nations Convention on the Rights of Persons with Disabilities (CRPD) are vindicated or breached by the actions taken in the context of the COVID-19 pandemic. The article questions whether the restrictions that were applied were justified, given the limitations that exist within some ECHR Articles. It deliberates upon what can be done to ensure that relevant bodies and care homes, themselves, are better enabled to respond to a public health emergency in an individualistic, rights-based manner, based upon both principlism and pragmatism.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"31 1","pages":"25-46"},"PeriodicalIF":1.7,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9384513/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10782283","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

B v University of Aberdeen [2020] CSIH 62: Where there's a will, there's a way. B诉阿伯丁大学[2020]CSIH 62:有志者事竟成。

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-02-27 DOI: 10.1093/medlaw/fwac048

Alexander Tiseo

引用次数: 0

Carolyn Adams, Judy Allen, and Felicity Flack, Sharing Linked Data for Health Research: Toward Better Decision Making Carolyn Adams、Judy Allen和Felicity Flack，分享健康研究的关联数据：走向更好的决策

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-02-09 DOI: 10.1093/medlaw/fwad003

E. Dove

引用次数: 1

Bo Chen, Mental Health Law in China: A Socio-Legal Analysis, Routledge, 2022, Hardback/ebook, 176 pp, £120/£33.29, ISBN 9781032079066 陈波，《中国精神卫生法:社会-法律分析》，劳特利奇出版社，2022，精装本/电子书，176页，120英镑/ 33.29英镑，ISBN 9781032079066