Medical Law Review最新文献_第10页

DNACPR Decisions: Aligning Law, Guidance, and Practice. DNACPR决定:调整法律、指导和实践。

IF 1.7 4区医学

Medical Law Review Pub Date : 2022-09-06 DOI: 10.1093/medlaw/fwac007

Sabine Michalowski,Wayne Martin

{"title":"DNACPR Decisions: Aligning Law, Guidance, and Practice.","authors":"Sabine Michalowski,Wayne Martin","doi":"10.1093/medlaw/fwac007","DOIUrl":"https://doi.org/10.1093/medlaw/fwac007","url":null,"abstract":"Do not attempt cardiopulmonary resuscitation (DNACPR) decisions are a means to consider in advance the appropriateness of CPR measures if an acute crisis arises. During the COVID-19 pandemic, problems with such decisions, for example the putting in place of DNACPR decisions for all residents of certain care homes, received a lot of attention, prompting a Care Quality Commission (CQC) report with recommendations for improvement. Building on the CQC report, our article addresses a cluster of legal uncertainties surrounding DNACPR decisions, in particular about the grounds for such decisions and the correct procedures for the legally required consultation, including with whom to consult. This article will also analyse commonly used DNACPR forms, as well as the Recommended Summary Plan for Emergency Care and Treatment (ReSPECT) form, which aims to incorporate DNACPR decisions as part of more holistic end-of-life care planning. The analysis shows that all forms exhibit shortcomings in reflecting the legal requirements for DNACPR decisions. We recommend a number of changes to the forms aimed at rendering DNACPR practice compliant with the law and more protective of the person's human rights.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"226 1","pages":"434-456"},"PeriodicalIF":1.7,"publicationDate":"2022-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138520122","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: 1

Lucy Series, Deprivation of Liberty in the Shadows of the Institution 露西系列：制度阴影下的自由剥夺

IF 1.7 4区医学

Medical Law Review Pub Date : 2022-08-10 DOI: 10.1093/medlaw/fwac029

R. Reed-Berendt

{"title":"Lucy Series, Deprivation of Liberty in the Shadows of the Institution","authors":"R. Reed-Berendt","doi":"10.1093/medlaw/fwac029","DOIUrl":"https://doi.org/10.1093/medlaw/fwac029","url":null,"abstract":"people’s autonomy and privacy, for equality, and for public health.’ Following the publication of this book, the FDA has since removed the in-person dispensing requirement which allowed the pills to be provided by mail in thirty-one states, thereby allowing pregnant persons to access TEMA services for the first time in the USA. However, this access may be under threat following the revocation of the constitutional right to abortion when Roe v Wade was overturned in June 2022. Examining the trajectory of TEMA access—or lack thereof—within these jurisdictions, the authors clearly identify that the nature of abortion policy in the UK and USA is driven by politics rather than by medical evidence. As such, this trend has created socio-legal barriers to accessing TEMA services in these jurisdictions even during and in the wake of the global COVID-19 pandemic restrictions. As a clear example of this, the authors highlight that the home use of misoprostol has long been available for the treatment of spontaneous miscarriage in the UK, and yet prior to 2018 this medication could only be provided under medical supervision for induced miscarriage. As the authors indicate, this rule was surely not based on clinical evidence but was more likely to be politically motivated. The specificity of this topic and the level of technical detail included within the book preclude it from being light reading material for a reader who does not have a direct interest in abortion access. Nevertheless, this is an essential read for those—especially academics, medical professionals, and policymakers—seeking a comprehensive understanding of the benefits of TEMA, the current access to these services in the UK and USA, and how access may be expanded by displacing legal and practical barriers in these jurisdictions.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"30 1","pages":"757 - 762"},"PeriodicalIF":1.7,"publicationDate":"2022-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45018757","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: 1

Jordan A Parsons and Elizabeth Chloe Romanis, Early Medical Abortion, Equality of Access, and the Telemedical Imperative Jordan A Parsons和Elizabeth Chloe Romanis，早期药物流产、获得平等和远程医疗的必要性

IF 1.7 4区医学

Medical Law Review Pub Date : 2022-08-03 DOI: 10.1093/medlaw/fwac027

P. Kemp

引用次数: 0

Jo Samanta and Ash Samanta (eds), Clinical Guidelines and the Law of Medical Negligence—Multidisciplinary and International Perspectives JoSamanta和Ash Samanta（编辑），临床指南和医疗过失法——多学科和国际视角

IF 1.7 4区医学

Medical Law Review Pub Date : 2022-07-18 DOI: 10.1093/medlaw/fwac024

L. Hogg

引用次数: 0

Jonathan Herring, Law and the Relational Self 乔纳森·赫林，《法律与关系自我》

IF 1.7 4区医学

Medical Law Review Pub Date : 2022-06-21 DOI: 10.1093/medlaw/fwac017

Clark Hobson

引用次数: 0

Northamptonshire Healthcare NHS Foundation Trust V AB [2020] EWCOP 40-Mental Capacity and the Anorexic Patient in the Court of Protection: Understanding Values, Framing Matters and Specification of the Declaration. 北安普顿县卫生保健NHS基金会信托V AB [2020] EWCOP 40-心理能力和厌食症患者的保护法庭:理解价值，框架问题和规范声明。

IF 1.7 4区医学

Medical Law Review Pub Date : 2022-05-30 DOI: 10.1093/medlaw/fwac002

Matthew J B Watkins

引用次数: 0

Times have changed? 时代变了?

IF 1.7 4区医学

Medical Law Review Pub Date : 2022-05-30 DOI: 10.1093/medlaw/fwac013

Margaret Brazier

引用次数: 0

Is the Unequal Treatment of Maternal and Paternal Liability Under the Congenital Disabilities (Civil Liability) Act 1976 Justified? 1976年《先天性残疾(民事责任)法》对父母责任的不平等待遇是否合理?

IF 1.7 4区医学

Medical Law Review Pub Date : 2022-05-19 DOI: 10.1093/medlaw/fwac012

Catherine Bowden

{"title":"Is the Unequal Treatment of Maternal and Paternal Liability Under the Congenital Disabilities (Civil Liability) Act 1976 Justified?","authors":"Catherine Bowden","doi":"10.1093/medlaw/fwac012","DOIUrl":"https://doi.org/10.1093/medlaw/fwac012","url":null,"abstract":"Abstract Under the Congenital Disabilities (Civil Liability) Act 1976 (CDCLA) a child born disabled as a result of an occurrence prior to its birth can bring a claim against the individual responsible for that occurrence. Significantly, mothers are exempt from liability (except in relation to negligent driving) but fathers are not. Since the CDCLA came into force in 1976, there have been significant shifts in the landscape in which it operates: a more gender-neutral model of parenting; transmission of an infection to a sexual partner can be a criminal offence; and growing evidence regarding the impact of prenatal events. In addition, there is a trend for presenting prenatal harm as a problem of individual behaviour. This article presents a timely consideration of the potential for parental liability under the CDCLA and asks whether restricting the exemption of parental liability to mothers but not fathers can be justified. It is argued that the reasons for unequal parental liability in relation to gestational harm are not sufficient to justify restricting the broad exemption to mothers but not fathers and a change in the law is required to bring the CDCLA up to date with advances in the criminal law, society, and medical science.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"30 1","pages":"457 - 478"},"PeriodicalIF":1.7,"publicationDate":"2022-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"61675524","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

Reforming the Mental Health Act: Will More Rights Lead to Fewer Wrongs? 改革精神卫生法:更多的权利会导致更少的错误吗?

IF 1.7 4区医学

Medical Law Review Pub Date : 2022-02-23 DOI: 10.1093/medlaw/fwab041

Judy Laing

引用次数: 1

Differentiating Negligent Standards of Care in Diagnosis. 过失诊断中护理标准的区分。

IF 1.7 4区医学

Medical Law Review Pub Date : 2022-02-23 DOI: 10.1093/medlaw/fwab046

Kathleen Liddell, Jeffrey M Skopek, Isabelle Le Gallez, Zoë Fritz

{"title":"Differentiating Negligent Standards of Care in Diagnosis.","authors":"Kathleen Liddell, Jeffrey M Skopek, Isabelle Le Gallez, Zoë Fritz","doi":"10.1093/medlaw/fwab046","DOIUrl":"https://doi.org/10.1093/medlaw/fwab046","url":null,"abstract":"<p><p>Diagnosis lies at the heart of the medical encounter, yet it has received much less attention than treatment. It is widely assumed that negligent diagnosis claims should be governed by the Bolam test, but we demonstrate that this is not always the case. First, we disaggregate the diagnostic process into three different acts: forming the diagnosis, communicating it to the patient, and recording it. Second, we consider alternatives to Bolam for defining negligence, including less deferential profession-led standards, patient-led standards, and even a reasonable person standard. Third, bringing together these distinctions-within the diagnostic process, and between standards of care-we reveal the unappreciated complexity of negligent diagnosis. Analysing the standard of care that might apply to the three different acts in the diagnostic process, we identify reasons to think that Montgomery should apply to the communication of a diagnosis. We also argue that even in areas where the law is well-established, such as the application of Bolam to the formation of a diagnosis, challenging questions arise that require further attention. Throughout, the framework and analysis that we develop have significant implications for a set of negligence cases, as well as for medical education, clinical guidelines, and patient care.</p>","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"30 1","pages":"33-59"},"PeriodicalIF":1.7,"publicationDate":"2022-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8865747/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39907067","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