Medical Law Review最新文献_第3页

The boundaries of qualification-disclosure: R (Anaesthetists United Ltd) and Others v General Medical Council [2025] EWHC 2270 (Admin). 资格披露的界限：R（麻醉师联合有限公司）和其他人诉总医学委员会[2025]EWHC 2270（行政）。

IF 1.7 4区医学

Medical Law Review Pub Date : 2026-04-14 DOI: 10.1093/medlaw/fwag014

Lauren Xiong, Abby Gao, Celine Pretorius

引用次数: 0

CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5: recovery for loss of earnings in the 'lost years' by an injured young child. CCC诉Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5：一名受伤幼儿在“失去的岁月”中收入损失的赔偿。

IF 1.7 4区医学

Medical Law Review Pub Date : 2026-04-14 DOI: 10.1093/medlaw/fwag017

Sirko Harder

引用次数: 0

Mothers beyond tradition: legal and psychosocial dimensions of single motherhood through assisted reproduction in Kosovo and the Western Balkans. 超越传统的母亲：科索沃和西巴尔干地区通过辅助生殖的单身母亲的法律和社会心理层面。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-04-14 DOI: 10.1093/medlaw/fwag018

Doruntinë Demiri, Mariel Leclere

{"title":"Mothers beyond tradition: legal and psychosocial dimensions of single motherhood through assisted reproduction in Kosovo and the Western Balkans.","authors":"Doruntinë Demiri, Mariel Leclere","doi":"10.1093/medlaw/fwag018","DOIUrl":"10.1093/medlaw/fwag018","url":null,"abstract":"This article explores the status of single women's rights to access in vitro fertilization (IVF) in the Western Balkans, with a particular focus on Kosovo. Despite adopting a constitutional framework aligned with the highest standards of Western democracies, Kosovo has for years failed to regulate this issue. In a predominantly Muslim and socially conservative society, resistance to recognizing such rights is often justified on the grounds that children cannot be properly raised without a father figure and that restrictions on access to genetic origins risk undermining the healthy development of children conceived through IVF. This article does not dismiss these concerns outright. Rather, it argues that such objections lack empirical support. Studies indicate that children raised without a father figure can experience full well-being and healthy psychosocial development. This article advances a dual interwoven perspective: legally, it situates Kosovo's obligations within its constitutional and international human rights commitments; psychologically, it challenges conservative narratives by highlighting research on child outcomes in single-mother families. It concludes that, instead of limiting single women's reproductive rights, Kosovo should provide access to IVF while ensuring that children are granted the opportunity, at an appropriate age, to obtain information about their biological fathers.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"34 2","pages":""},"PeriodicalIF":3.1,"publicationDate":"2026-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"148007160","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

Terminally Ill Adults (End of Life) Bill 2024-25: A Commons milestone and a Lords reckoning. 2024-25年绝症成人（生命终结）法案：下议院里程碑和上议院清算。

IF 1.7 4区医学

Medical Law Review Pub Date : 2026-04-14 DOI: 10.1093/medlaw/fwag019

Chay M Burt

引用次数: 0

The European Organ Donation Framework: a medico-legal cartography of consent, governance, and traceability. 欧洲器官捐赠框架：同意、治理和可追溯性的医学法律制图。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-04-14 DOI: 10.1093/medlaw/fwag015

Gianmarco Sirago, Alessandro Dell'Erba, Davide Ferorelli

{"title":"The European Organ Donation Framework: a medico-legal cartography of consent, governance, and traceability.","authors":"Gianmarco Sirago, Alessandro Dell'Erba, Davide Ferorelli","doi":"10.1093/medlaw/fwag015","DOIUrl":"10.1093/medlaw/fwag015","url":null,"abstract":"This article examines how European consent systems for deceased organ donation are evolving, arguing that the focus on opt-in versus opt-out consent systems overshadows the governance structures determining how consent is obtained at the bedside. Through legal analysis, it shows that the impact of opt-out schemes-often described as presumed consent schemes-depends on the usability of organ donation registers, evidence of the deceased's wishes, family influence, and documentation accuracy. While opt-out regimes are widespread and often operationally 'soft' (family-centred at the bedside), they generate a number of issues from a human rights perspective. The article introduces a medico-legal taxonomy connecting legal default rules, the design of organ donor registers, and family decisions about donation, suggesting a practical model for 'soft harmonisation' that respects national constitutional choices. Central to this is a European Consent Status Summary and six governance pillars to improve transparency, interoperability, and traceability without forcing a single consent model. This approach aims to reduce litigation, support cross-border organ exchanges, and build public trust by ensuring that, wherever they exist, the deceased's recorded or reliably reconstructed wishes are identified and given primacy in the transplantation process, regardless of the applicable consent default.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"34 2","pages":""},"PeriodicalIF":3.1,"publicationDate":"2026-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147950151","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 3.1 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":"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":3.1,"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

Ten years on: a 'Montgomery map' for healthcare professionals in the United Kingdom and Beyond. 十年过去了：英国及其他地区医疗专业人员的“蒙哥马利地图”。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-04-14 DOI: 10.1093/medlaw/fwag012

Rachael P Mulheron

{"title":"Ten years on: a 'Montgomery map' for healthcare professionals in the United Kingdom and Beyond.","authors":"Rachael P Mulheron","doi":"10.1093/medlaw/fwag012","DOIUrl":"10.1093/medlaw/fwag012","url":null,"abstract":"It has been a decade since the decision in Montgomery v Lanarkshire Health Board [2015] UKSC 11 was delivered, which definitively established a patient-focused test for deciding whether a healthcare professional (HCP) is under a duty to warn their patient of inherent risks. Given the significant cadre of cases since, it is an appropriate juncture to assess Montgomery's implications for HCPs and for their advisers in two important respects, so as to develop a 'Montgomery map' or guide. First, in the 'consultation phase' between diagnosis and treatment-and in which the duty to warn is nestled-the Bolam test (as modified by the Bolitho 'gloss') remains the governing test of breach to a much greater extent than may have been anticipated when Montgomery's patient-centric approach was affirmed, courtesy of McCulloch v Forth Valley Health Board [2023] UKSC 26. It is argued that Montgomery and McCulloch are entirely reconcilable within the nuanced landscape that the 'consultation phase' entails. Secondly, after a decade's worth of case law, it is now possible to provide a detailed multi-factorial framework as to what, really, renders a risk so 'material' that it ought to be disclosed in order to comply with the Montgomery duty.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"34 2","pages":""},"PeriodicalIF":3.1,"publicationDate":"2026-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC13256225/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"148228832","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

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 3.1 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":3.1,"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

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

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