Medical Law Review最新文献_第4页

From scalpel to statute: IVG's impact on invasiveness and gender parity in posthumous conception. 从手术刀到法规：IVG对死后受孕的侵入性和性别平等的影响。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-01-15 DOI: 10.1093/medlaw/fwag002

Claire McGovern

{"title":"From scalpel to statute: IVG's impact on invasiveness and gender parity in posthumous conception.","authors":"Claire McGovern","doi":"10.1093/medlaw/fwag002","DOIUrl":"10.1093/medlaw/fwag002","url":null,"abstract":"If in vitro gametogenesis (IVG), the derivation of eggs or sperm from somatic tissue, is successfully applied to humans, it could reshape UK reproductive law. In particular, IVG could transform the legal and ethical landscape for posthumous conception by expanding the availability of gametes beyond the constraints of time and traditional gamete retrieval methods. This article advances three claims with respect to IVG's potential impact on posthumous conception. First, IVG could undermine 'invasiveness' based ethical objections to posthumous gamete retrieval. Secondly, by avoiding ovarian stimulation and surgical retrieval, IVG could narrow gender disparities in the gametes available for posthumous use. Thirdly, because IVG-derived material does not currently fall within the definition of 'permitted' gametes under the UK's Human Fertilization and Embryology Act 1990, UK clinics will remain barred from using them in treatment absent statutory reforms. In practice, IVG could therefore expand gamete procurement and storage with requests for clinical use proceeding by export rather than domestic treatment. The arguments put forward throughout are based on IVG advancing in line with current expectations. The conclusions do not presuppose that IVG is imminent but rather are made considering the technology's potential realization and the prospective consequences for posthumous conception.","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":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147345538","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

Re QX (Parental Consent for Deprivation of Liberty: Children under 16) [2025] EWHC 745 (Fam): Parental consent and deprivation of liberty. reqx（父母同意剥夺自由：16岁以下儿童）[2025]EWHC 745 (Fam)：父母同意与剥夺自由。

IF 1.7 4区医学

Medical Law Review Pub Date : 2026-01-15 DOI: 10.1093/medlaw/fwaf048

Clayton Ó Néill

引用次数: 0

Freedom isn't free: resource limits on person-centred best interests decisions under the Mental Capacity Act. 自由不是免费的：根据《精神能力法》，以人为本的最佳利益决策受到资源限制。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-01-15 DOI: 10.1093/medlaw/fwag001

Giles Birchley, Aoife Finnerty

{"title":"Freedom isn't free: resource limits on person-centred best interests decisions under the Mental Capacity Act.","authors":"Giles Birchley, Aoife Finnerty","doi":"10.1093/medlaw/fwag001","DOIUrl":"10.1093/medlaw/fwag001","url":null,"abstract":"Best interests under the Mental Capacity Act 2005 has been cast as an empowering, person-centred process that protects a person's rights and freedom of action. In practice this laudable goal is constrained by monetary and temporal resources. Drawing on a qualitative study which encompassed the views of patients, carers, healthcare professionals, and lawyers, we observe that, where resources are inadequate, the quality of decision-making declines and the options on offer are restricted. While austerity has disproportionately disadvantaged people with disabilities and additional needs in numerous ways, in mental capacity law, the impact of this is evident in the gap between the protection of procedural and substantive rights offered by the law. While the courts deal robustly with challenges to 'faulty' procedure, challenging substantive issues is difficult and has limited prospects of improving outcomes, even if the decision is clearly inadequate in any sensible interpretation of the court's aspiration to person-centredness. Tracing these differences back to the different logics of the European Convention on Human Rights and the United Nations Convention on the Rights of Persons with Disabilities, we argue that, as things currently stand, the law cannot resolve these issues, dooming the aspiration to person-centredness to remain constrained and provisional.","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/PMC13048362/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147576209","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

PMC v Cwm Taf Morgannwg University Health Board [2025] EWCA Civ 1126: Surprising disregard for jigsaw identification. PMC诉tafmorgnuniversity Health Board [2025] EWCA ci1126：令人惊讶的忽视拼图识别。

IF 1.7 4区医学

Medical Law Review Pub Date : 2026-01-15 DOI: 10.1093/medlaw/fwaf046

Daniel T Clark

引用次数: 0

The public sector equality duty's role in planning the commissioning of healthcare services for older patients: a justice perspective. 公共部门平等责任在规划为老年病人提供保健服务方面的作用：一个公正的观点。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-01-15 DOI: 10.1093/medlaw/fwag006

Yvoni Komodromou

引用次数: 0

Capturing the medical gaze regulating medical photography of minors with intersex variations. 捕捉医学凝视调节未成年人的双性变异医学摄影。

IF 1.7 4区医学

Medical Law Review Pub Date : 2025-10-10 DOI: 10.1093/medlaw/fwaf045

Aileen Kennedy

{"title":"Capturing the medical gaze regulating medical photography of minors with intersex variations.","authors":"Aileen Kennedy","doi":"10.1093/medlaw/fwaf045","DOIUrl":"10.1093/medlaw/fwaf045","url":null,"abstract":"A contentious issue within medical management of innate variations of sex characteristics (or intersex variations, IVSC) is the impact of medical photography. Historically, egregious breaches of human rights, lack of dignity and respect, and pathologization have characterized medical photography of people with IVSC. Since the mid-20th century, medical management of IVSC has focused on children, resulting in a shift to photographing minors. The imagery focuses on genitals and, with the development of digital imaging technology, is widely shared within medical circles and disseminated in medical journals and books. Medical photography is regulated within privacy law and policy. Regulation relevant to photographs of the genitals of infants and children with IVSC is scant, despite evidence that actual practices raise significant risks of harm, including lack of personal consent, poor documentation, poor data storage and security, and the potential for images to escape beyond the control of health professionals. There is little regulation of the processes of medical photography, which are known to contribute to very poor mental health outcomes for people with IVSC. This article provides detailed recommendations for reform of law and policy regulating medical photography of children with IVSC to prioritize their well-being and mental health.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"33 4","pages":""},"PeriodicalIF":1.7,"publicationDate":"2025-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12714375/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145783417","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 relationship between capacity and credibility: implications for epistemic injustice. 能力与可信度之间的关系：对认知不公正的影响。

IF 1.7 4区医学

Medical Law Review Pub Date : 2025-10-10 DOI: 10.1093/medlaw/fwaf039

Ruby Reed-Berendt, Agomoni Ganguli-Mitra

{"title":"The relationship between capacity and credibility: implications for epistemic injustice.","authors":"Ruby Reed-Berendt, Agomoni Ganguli-Mitra","doi":"10.1093/medlaw/fwaf039","DOIUrl":"10.1093/medlaw/fwaf039","url":null,"abstract":"In this article, we analyse the concept of mental capacity through considerations of epistemic injustice. We suggest that an assessment of a person's capacity will always involve consideration of their epistemic credibility. Understanding capacity assessments in this manner allows us to illustrate the epistemic exclusions and injustices that can arise. First, attitudes and stereotypes about mental disability and illness, as well as characteristics such as gender and race, can make a significant difference in terms of who is believed and considered credible. We raise concerns for the potential of these biases to influence capacity assessments inadvertently. Secondly, a person deemed to lack capacity has their epistemic agency significantly curtailed; their contributions to the decision-making process are not those of a full epistemic agent, but those of a derivatized subject, giving rise to epistemic exclusion. We further argue that capacity determinations rely on specific hermeneutical resources, namely those based in medical-scientific or legal knowledge, which may be inapt for interpreting the experiences of disabled people and those with mental illness. Finally, we highlight important insights that this approach provides for considering options for reform in practice and in law.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"33 4","pages":""},"PeriodicalIF":1.7,"publicationDate":"2025-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12587410/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145453805","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

Private by default: reasonable expectations in secondary uses of patient data. 默认为私有：对患者数据二次使用的合理期望。

IF 1.7 4区医学

Medical Law Review Pub Date : 2025-10-10 DOI: 10.1093/medlaw/fwaf038

Miranda Mourby

{"title":"Private by default: reasonable expectations in secondary uses of patient data.","authors":"Miranda Mourby","doi":"10.1093/medlaw/fwaf038","DOIUrl":"10.1093/medlaw/fwaf038","url":null,"abstract":"The 'reasonable expectations of privacy' test has become central to English information law. The fact-specificity of this test has obfuscated the scope of patients' privacy rights. In both R (W, X, Y & Z) v Secretary of State for Health and Prismall v Google, the claimants were found to lack a circumstantially reasonable expectation of privacy when their identifiable information was disclosed outside the healthcare system, obviating the need for justification under Article 8 European Convention on Human Rights (ECHR). In response to these developments, this article argues for a legal presumption of privacy when patients' data are used for purposes other than their healthcare. This would be a development of the courts' existing 'starting point' of assuming reasonable expectations of privacy in identifiable medical information. The two cases explored in this article suggest that this 'starting point' is not enough, and still affords judges broad discretion to evaluate a (non-exhaustive) list of factors in each individual case. For the sake of the clarity and accessibility of patients' rights, I argue that privacy should be presumed by default when their data are used for purposes other than their healthcare.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"33 4","pages":""},"PeriodicalIF":1.7,"publicationDate":"2025-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12576322/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145423247","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

Promoting quality improvement: navigating the conundrum in clinical audit record disclosure. 促进质量改进：引导临床审计记录披露的难题。

IF 1.7 4区医学

Medical Law Review Pub Date : 2025-10-10 DOI: 10.1093/medlaw/fwaf042

Helen Smith

{"title":"Promoting quality improvement: navigating the conundrum in clinical audit record disclosure.","authors":"Helen Smith","doi":"10.1093/medlaw/fwaf042","DOIUrl":"10.1093/medlaw/fwaf042","url":null,"abstract":"Clinical audit is an essential tool for improving clinical practice by assessing care against evidence-based standards. Yet, the disclosure of clinical audit records raises complex legal and ethical challenges. While transparency fosters patient trust, it also risks discouraging healthcare professionals from full participation due to potential reputational and legal consequences. This article examines the legal frameworks governing clinical audit record disclosure in Ireland, England, and Australia, highlighting key differences in each jurisdiction's approach. Ireland recently introduced legislation that shields clinical audit records from disclosure, whereas Australia's qualified privilege model provides conditional protection that courts may override in the interests of justice. In contrast, England lacks explicit safeguards except for its newly introduced 'safe space' legislation, which applies only to Health Service Safety Investigations Body investigations. Through comparative analysis, this article evaluates the strengths and weaknesses of each approach and advocates for reform in England. It argues for expanding England's 'safe space' model to align more closely with Australia's qualified privilege framework while addressing its limitations by introducing clearer exceptions and explicit guidance on its interaction with the professional and statutory duties of candour.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"33 4","pages":""},"PeriodicalIF":1.7,"publicationDate":"2025-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12668272/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145655981","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

Correction to: Voluntary assisted dying-Australia in an international context. 更正：自愿协助死亡——国际背景下的澳大利亚。

IF 1.7 4区医学

Medical Law Review Pub Date : 2025-10-10 DOI: 10.1093/medlaw/fwaf036

引用次数: 0