Medical Law Review最新文献_第3页

Editorial: Reproductive health, choice, and justice. 社论：生殖健康、选择与公正。

IF 1.8 4区医学

Medical Law Review Pub Date : 2024-11-01 DOI: 10.1093/medlaw/fwae039

Bev Clough, Sara Fovargue, Rob Heywood, José Miola

引用次数: 0

Towards a rights-based approach for disabled women's access to abortion. 以权利为本，促进残疾妇女获得堕胎服务。

IF 1.8 4区医学

Medical Law Review Pub Date : 2024-11-01 DOI: 10.1093/medlaw/fwae026

Magdalena Furgalska, Fiona de Londras

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FemTech: empowering reproductive rights or FEM-TRAP for surveillance? FemTech：赋予生殖权利还是监控 FEM-TRAP？

IF 1.8 4区医学

Medical Law Review Pub Date : 2024-11-01 DOI: 10.1093/medlaw/fwae035

Dylan Hofmann

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Addressing the consequences of the corporatization of reproductive medicine. 应对生殖医学公司化的后果。

IF 1.8 4区医学

Medical Law Review Pub Date : 2024-11-01 DOI: 10.1093/medlaw/fwae018

Sara A Attinger, Emily Jackson, Isabel Karpin, Ian Kerridge, Ainsley J Newson, Cameron Stewart, Lucy van de Wiel, Wendy Lipworth

{"title":"Addressing the consequences of the corporatization of reproductive medicine.","authors":"Sara A Attinger, Emily Jackson, Isabel Karpin, Ian Kerridge, Ainsley J Newson, Cameron Stewart, Lucy van de Wiel, Wendy Lipworth","doi":"10.1093/medlaw/fwae018","DOIUrl":"10.1093/medlaw/fwae018","url":null,"abstract":"In Australia and the UK, commercialization and corporatization of assisted reproductive technologies have created a marketplace of clinics, products, and services. While this has arguably increased choice for patients, 'choice', shaped by commercial imperatives may not mean better-quality care. At present, regulation of clinics (including clinic-corporations) and clinicians focuses on the doctor-patient dyad and the clinic-consumer dyad. Scant attention has been paid to the conflicts between the clinic-corporation's duty to its shareholders and investors, the medical profession's duty to the corporations within which they practice, and the obligations of both clinicians and corporations to patients and to health systems. Frameworks of regulation based in corporate governance and business ethics, such as stakeholder models and 'corporate social responsibility', have well-recognized limits and may not translate well into healthcare settings. This means that existing governance frameworks may not meet the needs of patients or health systems. We argue for the development of novel regulatory approaches that more explicitly characterize the obligations that both corporations and clinicians in corporate environments have to patients and to society, and that promote fulfilment of these obligations. We consider mechanisms for application in the multi-jurisdictional setting of Australia, and the single jurisdictional settings of the UK.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":" ","pages":"444-467"},"PeriodicalIF":1.8,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11586528/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141763995","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

The Delicate Balance Struck by the Abortion Services (Safe Access Zones) (Scotland) Act 2024. 2024 年堕胎服务（安全区）（苏格兰）法案》实现的微妙平衡。

IF 1.8 4区医学

Medical Law Review Pub Date : 2024-11-01 DOI: 10.1093/medlaw/fwae040

Emily Ottley

引用次数: 0

Donor conception, direct-to-consumer genetic testing, choices, and procedural justice: an argument for reform of the Human Fertilisation and Embryology Act 1990. 捐献受孕、直接面向消费者的基因检测、选择和程序正义：改革《1990 年人类受精和胚胎学法案》的论据。

IF 1.8 4区医学

Medical Law Review Pub Date : 2024-11-01 DOI: 10.1093/medlaw/fwae028

Caroline A B Redhead, Lucy Frith

{"title":"Donor conception, direct-to-consumer genetic testing, choices, and procedural justice: an argument for reform of the Human Fertilisation and Embryology Act 1990.","authors":"Caroline A B Redhead, Lucy Frith","doi":"10.1093/medlaw/fwae028","DOIUrl":"10.1093/medlaw/fwae028","url":null,"abstract":"In this article, using theories of procedural justice and 'slow violence', we consider potential reform of the Human Fertilisation and Embryology Act 1990. Our theoretical discussion is underpinned by findings from the ConnecteDNA project, exploring how people affected by donor conception experience direct-to-consumer genetic testing (DTCGT). The negative impacts of DTCGT, especially shock discoveries about the circumstances of someone's conception in adulthood, are linked to donor anonymity, and how its continued protection is experienced as a barrier to the rights and agency of donor-conceived people. We focus on two key issues relating to the donor information access process set out in section 31ZA of the 1990 Act. The first is that it excludes certain cohorts of donor-conceived people, creating inequalities of access to donor information. The second is the impact of the use of DTCGT to search for that information. We discuss what a procedurally just process of law reform would look like, concluding that, whatever (prospective) approach to donor anonymity is taken, the donor information access process should be the same for all donor-conceived people. We thus argue that, even were the status quo to be maintained, reform of the donor information access process with retrospective effect would be required.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":" ","pages":"505-529"},"PeriodicalIF":1.8,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11586530/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141789565","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

Anticipatory declarations in obstetric care: a relational and spatial examination of patient empowerment, institutional impacts and temporal challenges. 产科护理中的预期声明：对患者赋权、机构影响和时间挑战的关系和空间研究。

IF 1.8 4区医学

Medical Law Review Pub Date : 2024-11-01 DOI: 10.1093/medlaw/fwae032

Aimee V Hulme

{"title":"Anticipatory declarations in obstetric care: a relational and spatial examination of patient empowerment, institutional impacts and temporal challenges.","authors":"Aimee V Hulme","doi":"10.1093/medlaw/fwae032","DOIUrl":"10.1093/medlaw/fwae032","url":null,"abstract":"Seeking an anticipatory declaration from the Court of Protection (CoP) to manage a risk of future loss of capacity in pregnant people during labour and delivery appears to be occurring more frequently. This article examines a growing case sample of recent CoP judgments in which anticipatory declarations have been sought and adopts a combined relational and spatial approach to question whether these types of anticipatory declarations empower patient autonomous choice, and to illuminate the complex web of relational, spatial, and temporal factors that hold influence over the way in which mental capacity law operates. Viewing such processes from both a patient and institutional perspective offers useful insights into the law's normative workings, boundaries, and constraints, and ultimately points to conclusions on the (in)effectiveness of anticipatory declarations as a legal mechanism for dealing with the risk of a patient losing capacity in the future. Moreover, however, taking a broader, spatial view signals the challenges posed by these cases to mental capacity legislation itself. The justifiability of the binary construct of capacity/incapacity has been challenged by some writers in this field, and this article offers further reflection on the integrity of this binary through its discussion of anticipatory orders for pregnant people.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":" ","pages":"530-548"},"PeriodicalIF":1.8,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11586531/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142037504","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

Regulating algorithmic care in the European Union: evolving doctor-patient models through the Artificial Intelligence Act (AI-Act) and the liability directives. 欧盟对算法医疗的监管：通过《人工智能法案》（AI-Act）和责任指令演变医患模式。

IF 1.7 4区医学

Medical Law Review Pub Date : 2024-09-10 DOI: 10.1093/medlaw/fwae033

Barry Solaiman,Abeer Malik

{"title":"Regulating algorithmic care in the European Union: evolving doctor-patient models through the Artificial Intelligence Act (AI-Act) and the liability directives.","authors":"Barry Solaiman,Abeer Malik","doi":"10.1093/medlaw/fwae033","DOIUrl":"https://doi.org/10.1093/medlaw/fwae033","url":null,"abstract":"This article argues that the integration of artificial intelligence (AI) into healthcare, particularly under the European Union's Artificial Intelligence Act (AI-Act), poses significant implications for the doctor-patient relationship. While historically paternalistic, Western medicine now emphasises patient autonomy within a consumeristic paradigm, aided by technological advancements. However, hospitals worldwide are adopting AI more rapidly than before, potentially reshaping patient care dynamics. Three potential pathways emerge: enhanced patient autonomy, increased doctor control via AI, or disempowerment of both parties as decision-making shifts to private entities. This article contends that without addressing flaws in the AI-Act's risk-based approach, private entities could be empowered at the expense of patient autonomy. While proposed directives like the AI Liability Directive (AILD) and the revised Directive on Liability for Defective Products (revised PLD) aim to mitigate risks, they may not address the limitations of the AI-Act. Caution must be exercised in the future interpretation of the emerging regulatory architecture to protect patient autonomy and to preserve the central role of healthcare professionals in the care of their patients.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"1 1","pages":""},"PeriodicalIF":1.7,"publicationDate":"2024-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142219969","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 short-lived verdict in Le Page v Center for Reproductive Medicine: why 'personhood' matters in the regulation of assisted reproductive technologies. Le Page 诉生殖医学中心案的短暂判决：为什么 "人格 "在辅助生殖技术监管中很重要？

IF 1.8 4区医学

Medical Law Review Pub Date : 2024-08-01 DOI: 10.1093/medlaw/fwae020

Edward R Grant

引用次数: 0

Money matters: a critique of 'informed financial consent'. 钱的问题：对 "知情财务同意 "的批判。

IF 1.8 4区医学

Medical Law Review Pub Date : 2024-08-01 DOI: 10.1093/medlaw/fwae015

Sara A Attinger, Ian Kerridge, Cameron Stewart, Isabel Karpin, Siun Gallagher, Robert J Norman, Wendy Lipworth

{"title":"Money matters: a critique of 'informed financial consent'.","authors":"Sara A Attinger, Ian Kerridge, Cameron Stewart, Isabel Karpin, Siun Gallagher, Robert J Norman, Wendy Lipworth","doi":"10.1093/medlaw/fwae015","DOIUrl":"10.1093/medlaw/fwae015","url":null,"abstract":"In recent years, concerns about the financial burdens of health care and growing recognition of the relevance of cost to decision making and patient experience have increasingly focused attention on financial 'transparency' and disclosure of costs to patients. In some jurisdictions, there have been calls not only for timely disclosure of costs information, but also for 'informed financial consent'. However, simply putting the 'financial' into 'informed consent' and invoking an informed consent standard for cost information encounters several ethical, legal, and practical difficulties. This article will examine the viability and desirability of 'informed financial consent', and whether it is possible to derive ideas from traditional informed consent that may improve decision making and the patient experience. We argue that, while there are important legal, ethical, and practical challenges to consider, some of the principles of informed consent to treatment can usefully guide financial communication. We also argue that, while medical practitioners (and their delegates) have an important role to play in bridging the gap between disclosure and enabling informed (financial) decision making, this must be part of a multi-faceted approach to financial communication that acknowledges the influence of non-clinical providers and other structural forces on discharging such obligations.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":" ","pages":"356-372"},"PeriodicalIF":1.8,"publicationDate":"2024-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11347940/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140899874","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