Medical Law Review最新文献_第6页

Is the categorical denial of pentobarbital for assisted suicide a violation of the constitutional right to a self-determined death in Germany? 在德国，明确否认戊巴比妥用于协助自杀是否违反了宪法规定的自主死亡权利？

IF 1.7 4区医学

Medical Law Review Pub Date : 2025-07-14 DOI: 10.1093/medlaw/fwaf033

Kerstin Braun

{"title":"Is the categorical denial of pentobarbital for assisted suicide a violation of the constitutional right to a self-determined death in Germany?","authors":"Kerstin Braun","doi":"10.1093/medlaw/fwaf033","DOIUrl":"https://doi.org/10.1093/medlaw/fwaf033","url":null,"abstract":"Aiding in suicide is no criminal offence under German law. In addition, a constitutional right to a self-determined death exists, including relying on third-party assistance, where offered. To exercise such a constitutional right, persons require access to effective lethal medication. Pentobarbital is a substance commonly used in jurisdictions allowing assisted dying. Yet, in Germany, the Federal Institute for Drugs and Medical Devices, based on the Narcotic Drugs Act, categorically rejects pentobarbital licence applications with the consequence that pentobarbital is not available in Germany for assisted suicide purposes. Persons wanting to die must either rely on other, frequently less effective drugs or find a medical practitioner willing to set up an intravenous infusion with a lethal substance. This may prove difficult in practice. Several unsuccessful applicants have therefore challenged these licence rejections, but administrative courts have generally upheld the Federal Institute's decisions. This article examines whether the section in the Narcotic Drugs Act, which in its current interpretation prevents access to pentobarbital, is constitutional. It analyses whether this restriction disproportionately limits the constitutional right to a self-determined death of licence applicants and concludes that, due to its severe impact on persons wishing to die, serious doubts arise regarding the section's constitutionality.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"33 3","pages":""},"PeriodicalIF":1.7,"publicationDate":"2025-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145092688","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

Professional regulation and attitudinal issues: constructing the 'good doctor' and the 'bad apple' through the device of insight. 职业规范与态度问题：透过洞察力建构“好医生”与“坏苹果”。

IF 1.7 4区医学

Medical Law Review Pub Date : 2025-07-14 DOI: 10.1093/medlaw/fwaf032

Paula Case

{"title":"Professional regulation and attitudinal issues: constructing the 'good doctor' and the 'bad apple' through the device of insight.","authors":"Paula Case","doi":"10.1093/medlaw/fwaf032","DOIUrl":"https://doi.org/10.1093/medlaw/fwaf032","url":null,"abstract":"In fitness-to-practise hearings for doctors and other health care professions, the practitioner's 'insight' into their past misconduct or deficient performance takes centre stage in determining outcomes. Although insight does not feature in the statutory framework, it has emerged as a regulatory device used to distinguish the 'good doctor' from the 'bad apple' who should be excluded from the profession in order to protect the public. This article frames the concept of 'insight' in professional discipline as an example of Foucauldian avowal-a ritual of truth-telling which requires the doctor's full acknowledgement and admission of wrongdoing and a disavowal of their former self. If successful, avowal enables reintegration of the practitioner into the profession's social order. 'Insight' is then tracked as a contested site in doctors' fitness to practise appeals across a period of more than 25 years, exploring its clinical origins, expansion, and modern application. The accumulated case law confirms insight as a deeply embedded staple of fitness to practise decision-making and a core regulatory strategy for protecting patients, while highlighting that it is inevitably compromised by issues of authenticity.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"33 3","pages":""},"PeriodicalIF":1.7,"publicationDate":"2025-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12396809/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144975954","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

Sterile, religiously neutral, and colourblind: on religious symbols in healthcare. 无菌、宗教中立和色盲：论医疗保健中的宗教符号。

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-07-14 DOI: 10.1093/medlaw/fwaf023

Naoual El Yattouti

{"title":"Sterile, religiously neutral, and colourblind: on religious symbols in healthcare.","authors":"Naoual El Yattouti","doi":"10.1093/medlaw/fwaf023","DOIUrl":"https://doi.org/10.1093/medlaw/fwaf023","url":null,"abstract":"This article explores the right of caregivers to wear religious dress in Europe, focusing on four countries: France, Belgium, the UK, and the Netherlands. It highlights the varying approaches to secularism, with stricter scrutiny on prohibitions in the UK and the Netherlands, while France and Belgium lean towards a form of outward neutrality that prohibits religious symbols, particularly in public services. While prohibitions on religious dress for caregivers might aim to protect the rights to equal treatment of patients, it raises concerns about its compatibility with equality law. Despite a shared European human rights framework, these policies result in inconsistent legal outcomes across countries, challenging the principles of non-discrimination and religious freedom. The article also questions the justification of blanket bans under health and safety standards, emphasizing the need for reasonable accommodation. Furthermore, it stresses that any restrictions on religious dress that are in place to protect the rights and freedoms of others should be based on objective, evidence-based reasoning. In this sense, patients' perceptions of religious symbols should not be generalized, especially considering the rights of minoritized or religious patients.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"33 3","pages":""},"PeriodicalIF":1.8,"publicationDate":"2025-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144668818","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

Location, location, location: the approach of healthcare professionals in defining the artificially gestated entity. 位置，位置，位置：医疗保健专业人员定义人工孕育实体的方法。

IF 1.7 4区医学

Medical Law Review Pub Date : 2025-07-14 DOI: 10.1093/medlaw/fwaf035

Victoria Adkins

{"title":"Location, location, location: the approach of healthcare professionals in defining the artificially gestated entity.","authors":"Victoria Adkins","doi":"10.1093/medlaw/fwaf035","DOIUrl":"10.1093/medlaw/fwaf035","url":null,"abstract":"Clinical trials of artificial placentas are anticipated; however, debate continues over how to define an artificially gestated entity, and little empirical research has explored stakeholder perspectives on this issue. This article presents findings from the first study in England to engage with healthcare professionals' perspectives. Healthcare professionals, as intermediaries between developers and patients, and clinical experts, are central to shaping technology integration into clinical practice. The analysis presented in this paper frames their views on the artificially gestated entity by different forms of 'location'. This illustrates how they align the entity with either a newborn or a foetus or propose interim definitions. The lack of consensus amongst healthcare professionals is shown to derive from their reliance on existing legal and medical frameworks. The significance of this article therefore lies in the evidence it provides that the current legal framework in England does not adequately support a consistent definition of an artificially gestated entity. Further, engagement with this stakeholder group reveals the practical implications that ambiguous definitions could have for clinical settings. This article argues that stakeholder groups must collaborate to develop regulatory frameworks for artificial placenta technology that support clinical integration and account for the interplay between law and medical practice.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"33 3","pages":""},"PeriodicalIF":1.7,"publicationDate":"2025-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12453669/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145126351","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

Let's talk about AIDS, baby! Critiquing the HIV and AIDS Act, 2017 in India through a reproductive justice framework. 让我们谈谈艾滋病吧，宝贝！通过生殖司法框架批评印度2017年的《艾滋病毒和艾滋病法案》。

IF 1.7 4区医学

Medical Law Review Pub Date : 2025-07-14 DOI: 10.1093/medlaw/fwaf034

Apoorva Nangia, Jwalika Balaji

{"title":"Let's talk about AIDS, baby! Critiquing the HIV and AIDS Act, 2017 in India through a reproductive justice framework.","authors":"Apoorva Nangia, Jwalika Balaji","doi":"10.1093/medlaw/fwaf034","DOIUrl":"10.1093/medlaw/fwaf034","url":null,"abstract":"The HIV and AIDS Act was enacted in India in 2017 to protect the right to privacy, bodily autonomy, and non-discrimination of Persons Living with HIV (PLHIV). Prior to the Act, HIV/AIDS-related jurisprudence in India developed largely through judicial decisions on privacy, health care, queer rights, and marriage. This jurisprudence stigmatised PLHIV and constructed them as threats to society. The Act sought to respond to such characterisations and affirmed several rights of PLHIV that were previously denied. This article uses the reproductive justice framework to analyse the scope and potential of the Act in furthering sexual and reproductive freedoms of PLHIV and their partners. The article argues that despite the various rights and anti-discrimination protections under the Act, the law is insufficient to address the systemic and structural issues affecting PLHIV. The Act is premised on the problematic assumption that PLHIV are 'risky' sexual subjects, which affects the construction of rights and benefits. Furthermore, the Act does not, and arguably cannot, holistically address the problems faced by PLHIV in sexual, marital, and familial relationships. These constraints are a crucial reminder of the larger limitation of law as a blunt policy tool that is unable to comprehensively address complex socio-legal issues.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"33 3","pages":""},"PeriodicalIF":1.7,"publicationDate":"2025-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12453666/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145126262","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

Editorial: In Honour of Professor Margaret Brazier: Memories of Margot. 社论：纪念玛格丽特·布拉齐尔教授：回忆玛格特。

IF 3.1 4区医学

Medical Law Review Pub Date : 2025-07-14 DOI: 10.1093/medlaw/fwaf022

Sara Fovargue, José Miola, Beverley Clough, Rob Heywood, Sarah Devaney, Alexandra Mullock, Elizabeth Chloe Romanis

引用次数: 0

Paul v Royal Wolverhampton NHS Trust UKSC 1: no quarter for deserving claimants. 保罗诉皇家伍尔弗汉普顿NHS信托UKSC 1：没有应得的索赔人。

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-04-10 DOI: 10.1093/medlaw/fwaf016

Man Him Lee

引用次数: 0

Assisted dying, vulnerability, and the potential value of prospective legal authorization. 协助死亡，脆弱性，以及未来法律授权的潜在价值。

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-04-10 DOI: 10.1093/medlaw/fwaf014

Alexandra Mullock, Jonathan Lewis

{"title":"Assisted dying, vulnerability, and the potential value of prospective legal authorization.","authors":"Alexandra Mullock, Jonathan Lewis","doi":"10.1093/medlaw/fwaf014","DOIUrl":"https://doi.org/10.1093/medlaw/fwaf014","url":null,"abstract":"Concern for vulnerable people is a crucial issue when considering the legalization of assisted dying (AD), but the meaning and normative significance of vulnerability in this context is under-explored. We examine vulnerability and the protective obligation through the lens of vulnerability theory to improve understanding of vulnerability in the context of AD. By appealing to a more nuanced account of vulnerability, we argue that the current ban on AD in England and Wales is a blunt tool that lacks compassion and fails to recognize the importance of personal autonomy, as well as the relationship between vulnerability and autonomy. Recently, some emerging lawful models of AD purport to better protect the vulnerable via prospective legal authorization. This is also a feature of recent English Assisted Dying bills, with proposals for judicial or quasi-judicial authorization, and so we consider the potential value of prospective legal authorization. Although this approach risks being burdensome for applicants, we suggest that it could, in principle, not only safeguard vulnerable individuals, but also enhance end-of-life autonomy thereby offering support for a restrictive approach to lawful AD.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"33 2","pages":""},"PeriodicalIF":1.8,"publicationDate":"2025-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12005895/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144065099","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

How does regulation influence euthanasia practice in Belgium? A qualitative exploration of involved doctors' and nurses' perspectives. 法规如何影响比利时的安乐死实践？涉及医生和护士的观点的定性探索。

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-01-04 DOI: 10.1093/medlaw/fwaf003

Madeleine Archer, Lindy Willmott, Kenneth Chambaere, Luc Deliens, Ben P White

{"title":"How does regulation influence euthanasia practice in Belgium? A qualitative exploration of involved doctors' and nurses' perspectives.","authors":"Madeleine Archer, Lindy Willmott, Kenneth Chambaere, Luc Deliens, Ben P White","doi":"10.1093/medlaw/fwaf003","DOIUrl":"10.1093/medlaw/fwaf003","url":null,"abstract":"Euthanasia has been legal in Belgium since 2002. Despite extensive research exploring Belgian euthanasia practice, investigations into its governing regulatory framework are limited. Existing studies that consider regulation take a 'siloed' approach, generally considering sources of regulation individually, including euthanasia legislation and euthanasia policies. This study obtains insights from providing health professionals on how the Belgian euthanasia regulatory landscape influences their euthanasia practice. We conducted semi-structured, in-depth interviews from September 2022 to March 2024 with eligible physicians and nurses and analysed them using a reflexive approach to thematic analysis. We generated three overarching themes describing the influence of regulation on euthanasia practice: the Act is a valuable, boundary-setting instrument; but the Act is limited, leaving space for gap filling and other forms of regulation; and relying on professional judgment can make practitioners feel vulnerable. Key findings include that practitioners respond to the Act's non-prescriptiveness and regulatory lacunae by relying on their professional judgment, and that the efficacy of the retrospective euthanasia oversight model depends on physicians' good faith participation. Policymakers in Belgium and internationally are encouraged to reflect on the implications of Belgium's euthanasia regulatory model for the consistency, quality, and control of euthanasia practice.","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/PMC11783285/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143069123","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

Saving trouble, saving time: the role and impact of healthcare consultation recordings in Australian legal proceedings. 省事，省时：医疗咨询记录在澳大利亚法律诉讼中的作用和影响。

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-01-04 DOI: 10.1093/medlaw/fwaf012

Megan Prictor

{"title":"Saving trouble, saving time: the role and impact of healthcare consultation recordings in Australian legal proceedings.","authors":"Megan Prictor","doi":"10.1093/medlaw/fwaf012","DOIUrl":"10.1093/medlaw/fwaf012","url":null,"abstract":"Healthcare professionals have long expressed concern about their exposure to litigation if they allow consultations to be recorded. There has been little evidence available as to the validity of this concern. To address this gap and to inform policy and practice, this study examined 46 cases decided by Australian courts. It focused on the characteristics of these cases, as well as the admissibility, lawfulness, and impact of recordings. Most of the consultation recordings in these matters were made in the context of pre-existing conflicts, primarily involving personal injury, professional misconduct, and family law. Recordings had the greatest value in matters involving professional misconduct. In other matters, findings were mixed. Patients were often motivated to record by a lack of trust in their healthcare provider. The cases do not feature any consented recordings made for broader patient benefit, underscoring the view that lawful, mutually agreed recordings of healthcare consultations present a very low risk of adverse medico-legal consequences. Courts have treated consultation recordings variably, sometimes using discretion to admit recordings as evidence, even where they were obtained unlawfully. These cases support recent calls for allowing regular consultation recording and also demonstrate the value of recordings for patients and regulators, particularly in instances of professional misconduct.","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/PMC11908765/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143630789","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