Medical Law Review最新文献_第2页

The fifty shades of black: about black box AI and explainability in healthcare. 五十度黑：关于医疗保健领域的黑匣子人工智能和可解释性。

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

Intellectual property rights over 'integrated' medical devices: the potential health impacts and bioethical implications of rightsholders' control. “综合”医疗设备的知识产权：权利持有人控制的潜在健康影响和生物伦理影响。

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-01-04 DOI: 10.1093/medlaw/fwaf001

Aisling M McMahon, Opeyemi I Kolawole

{"title":"Intellectual property rights over 'integrated' medical devices: the potential health impacts and bioethical implications of rightsholders' control.","authors":"Aisling M McMahon, Opeyemi I Kolawole","doi":"10.1093/medlaw/fwaf001","DOIUrl":"10.1093/medlaw/fwaf001","url":null,"abstract":"Despite extensive literature examining intellectual property rights (IPRs) and access to health, there has been limited examination of how IPRs can potentially impact the development, access to, delivery of, and use of medical devices. This article fills this gap, focusing on patent and copyright protections applicable to elements of medical devices that are attachable to or implanted into the human body, such as prostheses or pacemakers. Although the human body itself is not patentable in Europe (Article 5, Biotechnology Directive), elements of medical devices created outside the body are patentable. Moreover, certain aspects of such medical devices can be subject to copyright, and other types of IPRs. This article provides an overview of the types of IPRs that can apply over attachable and implantable medical devices. Following this, and focusing specifically on copyright and patent rights, it argues that such IPRs, alongside incentivizing technological development in certain contexts, also give rightsholders significant control over key aspects of how individuals use and access IP-protected elements of such devices, with the potential for health-related impacts and bioethical implications. Accordingly, the article argues that greater understanding and scrutiny are needed within the health law and bioethics communities around the potential impacts of IPRs over medical devices.","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/PMC11886849/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143574300","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

Legal fictions and complex lived realities: attributing legal parenthood in P V Q & F & X [2024] EWFC 85 (B)(FAM). 王晓明，王晓明，王晓明，等。法律虚构与复杂的生活现实：法律亲子关系的归属[2024]。

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-01-04 DOI: 10.1093/medlaw/fwaf010

Anna Nelson

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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

Prismall v Google UK Ltd [2024] EWCA CIV 1516: misuse of private information in the medical context. [2024]中国医学信息学报，2004,(1)：医学信息的滥用。

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-01-04 DOI: 10.1093/medlaw/fwaf009

Edward S Dove, Mark J Taylor

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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. 如何最好地规范自愿协助死亡：对澳大利亚医生和监管机构看法的定性研究。

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

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

The Public Mental Health Framework: thinking about law as preventive medicine. 公共精神卫生框架：将法律视为预防医学的思考。

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

Saying 'I'm sorry' at the bedside: when and why should apologies following medical mishaps be protected from legal liability? 在病床边说“对不起”：医疗事故后的道歉何时以及为什么应该免于承担法律责任？

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-01-04 DOI: 10.1093/medlaw/fwaf011

Shin Wei Sim, Lalit Kumar Radha Krishna, Gerard Porter

{"title":"Saying 'I'm sorry' at the bedside: when and why should apologies following medical mishaps be protected from legal liability?","authors":"Shin Wei Sim, Lalit Kumar Radha Krishna, Gerard Porter","doi":"10.1093/medlaw/fwaf011","DOIUrl":"10.1093/medlaw/fwaf011","url":null,"abstract":"Patients harmed by medical mishaps are often driven to litigation because of a lack of apologies and candour rather than a desire for monetary compensation. Despite attempts at clinical negligence reform, patients continue to receive unsatisfactory responses. Physicians have cited fears of legal liability as a key reason for withholding apologies. Apology legislation has been proposed as a possible solution to encourage apologies by rendering them inadmissible as evidence of liability, thereby reducing the legal risks of apologies. Critics, however, contend that apology legislation may encourage strategic formulaic responses instead of compassionate patient-centred support. This article delivers a comprehensive rejoinder to these concerns, and argues that bold legislative change similar to that of Hong Kong's enactment of full apology protection aligns with English and Welsh clinical negligence reform goals. Through a robust comparative legal analysis of various jurisdictions in which apology laws have been enacted, this article explores the legal, ethical, and practical factors that contribute to the proper functioning of such laws. It then recommends concrete ways to improve the effectiveness of such laws in the context of clinical negligence reform, thereby removing barriers to apologetic discourse and breathing ethical and professional life into the doctor's apology.","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":"143617692","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