Medical Law Review最新文献_第7页

The Voluntary Sterilisation Act: Best Interests, Caregivers, and Disability Rights. 自愿绝育法:最大利益、照顾者和残疾人权利。

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-05-25 DOI: 10.1093/medlaw/fwac036

Hillary Chua

引用次数: 0

Record linkage of routine and cohort data of children in Portugal: challenges and opportunities when using record linkage as a tool for scientific research. 葡萄牙儿童常规和队列数据的记录链接:使用记录链接作为科学研究工具时的挑战和机遇。

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-05-25 DOI: 10.1093/medlaw/fwac040

Julia Nadine Doetsch, Vasco Dias, Inês Lopes, Regina Redinha, Henrique Barros

{"title":"Record linkage of routine and cohort data of children in Portugal: challenges and opportunities when using record linkage as a tool for scientific research.","authors":"Julia Nadine Doetsch, Vasco Dias, Inês Lopes, Regina Redinha, Henrique Barros","doi":"10.1093/medlaw/fwac040","DOIUrl":"https://doi.org/10.1093/medlaw/fwac040","url":null,"abstract":"Linking records could serve as a useful tool for scientific research and as a facilitator for local policymaking. This article examines the challenges and opportunities for researchers to lawfully link routinely collected health and education data with cohort data of children when using it as a tool for scientific research in Portugal. Such linking can be lawfully conducted in Portugal if three requirements are met. First, data processing pursues a legitimate purpose, such as scientific research. Secondly, data linking complies with the legal obligations of research entities and researchers, acting as data controllers or processors, and it respects the rights of children as data subjects. Finally, data linking is based on the explicit written consent of those with parental responsibility for the child. So far, the implementation of the General Data Protection Regulation in Portugal has not facilitated record linkage. It is argued that further harmonised implementation of that Regulation across European Union and European Economic Area Member States, establishing a minimum shared denominator for record linkage in scientific research for the common good, including without explicit consent, is needed.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"31 2","pages":"247-271"},"PeriodicalIF":1.7,"publicationDate":"2023-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9511632","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: 2

Plaintiff aims in medical negligence disputes: limitations of an adversarial system. 医疗过失纠纷的原告目的:对抗制度的限制。

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-05-25 DOI: 10.1093/medlaw/fwac037

Mary-Elizabeth Tumelty

{"title":"Plaintiff aims in medical negligence disputes: limitations of an adversarial system.","authors":"Mary-Elizabeth Tumelty","doi":"10.1093/medlaw/fwac037","DOIUrl":"https://doi.org/10.1093/medlaw/fwac037","url":null,"abstract":"The adversarial nature of medical negligence litigation is subject to frequent criticism by the media, patient advocates, and scholars. In Ireland, reform of the medical negligence dynamic is often mooted, particularly in response to the high financial costs of this type of litigation; however, change in this area has been slow. Recently, the Irish courts have dealt with a number of high-profile, medical negligence disputes, including claims for those affected by the CervicalCheck controversy, which involved the failure to disclose the results of a retrospective audit to women who had developed cervical cancer. These cases have again highlighted the shortcomings of an adversarial system. This article explores the limitations of the tort system in the context of plaintiff aims in medical negligence disputes, drawing on empirical findings (qualitative interviews with patient support groups and barristers), and the literature. In doing so, the article argues that while financial compensation is necessary and appropriate in cases of medical negligence, the current system fails to recognise the often emotional nature of these claims, and the wider needs and aims of litigants involved in these disputes.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"31 2","pages":"226-246"},"PeriodicalIF":1.7,"publicationDate":"2023-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/48/7e/fwac037.PMC10210064.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9515689","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: 3

Jonathan Herring, The Right to Be Protected from Committing Suicide 乔纳森·赫林，免于自杀的权利

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-05-22 DOI: 10.1093/medlaw/fwad010

E. Posner

引用次数: 0

Sue Westwood, Regulating the End of Life—Death Rights 苏·韦斯特伍德，《规范终止生命-死亡权利

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-05-17 DOI: 10.1093/medlaw/fwad011

Nataly Papadopoulou

引用次数: 0

Swati Jha & Eloise Power (eds), Lessons from Medicolegal Cases in Obstetrics and Gynaecology: Improving Clinical Practice Swati Jha和Eloise Power（编辑），从妇产科医学案例中吸取教训：改进临床实践

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-04-05 DOI: 10.1093/medlaw/fwad005

引用次数: 0

SELF-ADMINISTRATION OR PRACTITIONER ADMINISTRATION? THE SCOPE OF FUTURE GERMAN ASSISTED DYING LEGISLATION. 自我用药还是医生用药?未来德国协助临终者立法的范围。

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-02-27 DOI: 10.1093/medlaw/fwac034

Kerstin Braun

{"title":"SELF-ADMINISTRATION OR PRACTITIONER ADMINISTRATION? THE SCOPE OF FUTURE GERMAN ASSISTED DYING LEGISLATION.","authors":"Kerstin Braun","doi":"10.1093/medlaw/fwac034","DOIUrl":"https://doi.org/10.1093/medlaw/fwac034","url":null,"abstract":"In 2020, the German Federal Constitutional Court declared unconstitutional and void a 2015 criminal law penalising suicide assistance in a recurring fashion and called into existence a right to a self-determined death, including the use of suicide services, where available. Due to subsequent legislative inaction, no holistic assisted dying legislation offering protection for vulnerable individuals is currently in place in Germany. Calls have been made for law reform in this area. This article contemplates the possible scope of a future assisted dying framework in Germany. It does so by focusing on the method of administration and analyses whether such a framework should be limited to allowing eligible persons to self-administer relevant lethal medications, which have been prescribed to them by a medical practitioner or whether, and to what extent, practitioners should be able to administer relevant lethal substances to patients. This is comparatively analysed while also keeping in mind any stipulations made by the German Constitutional Court in its 2020 judgment on the requirements of future assisted dying legislation. The article concludes that an assisted dying framework allowing a free choice between self and practitioner administration in Germany best complies with the guidance provided by the Constitutional Court.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"31 1","pages":"141-157"},"PeriodicalIF":1.7,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10778718","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 Health and Care Act 2022: inserting telemedicine into the Abortion Act 1967. 《2022年保健和保健法》:将远程医疗纳入1967年《堕胎法》。

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-02-27 DOI: 10.1093/medlaw/fwac046

Adelyn L M Wilson

引用次数: 1

WHERE DOES RESPONSIBILITY LIE? ANALYSING LEGAL AND REGULATORY RESPONSES TO FLAWED CLINICAL DECISION SUPPORT SYSTEMS WHEN PATIENTS SUFFER HARM. 责任在哪里?分析当患者遭受伤害时，对有缺陷的临床决策支持系统的法律和监管反应。

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-02-27 DOI: 10.1093/medlaw/fwac022

Megan Prictor

{"title":"WHERE DOES RESPONSIBILITY LIE? ANALYSING LEGAL AND REGULATORY RESPONSES TO FLAWED CLINICAL DECISION SUPPORT SYSTEMS WHEN PATIENTS SUFFER HARM.","authors":"Megan Prictor","doi":"10.1093/medlaw/fwac022","DOIUrl":"https://doi.org/10.1093/medlaw/fwac022","url":null,"abstract":"Clinical decision support systems (CDSSs) are digital healthcare information systems that apply algorithms to patient data to generate tailored recommendations. They are designed to support, but neither dictate nor execute, clinical decisions. CDSSs can introduce new risks, both by design features that heighten clinician burden and by outright errors that generate faulty recommendations for care. In the latter instance, if such unintercepted recommendations were to result in harm to the patient, novel legal questions emerge. Does legal responsibility for this harm lie with the clinician, the software developer or both? What is the clearest path to a remedy? Further, how does the Australian regulatory framework provide for oversight and redress? This article analyses the potential forms of legal redress in negligence, contract and under statutory consumer law, for the patient and the clinician. It also examines the Australian regulatory framework, specifically in relation to the Australian Competition and Consumer Commission and the Therapeutic Goods Administration, and reflects on the framework's adequacy to protect patients and clinicians. It finds that the regulatory approach and the contour of legal risk still centre upon the clinician's duty to exercise decisional autonomy and to intercept flawed recommendations generated by algorithmic errors within CDSSs.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"31 1","pages":"1-24"},"PeriodicalIF":1.7,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9969406/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10796619","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: 1

THE REQUIREMENT FOR TRANS AND GENDER DIVERSE YOUTH TO SEEK COURT APPROVAL FOR THE COMMENCEMENT OF HORMONE TREATMENT: A COMPARISON OF AUSTRALIAN JURISPRUDENCE WITH THE ENGLISH DECISION IN BELL. 要求跨性别和性别多样化的年轻人寻求法院批准开始激素治疗:澳大利亚法理学与英国贝尔案判决的比较。

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-02-27 DOI: 10.1093/medlaw/fwac026

Malcolm K Smith

{"title":"THE REQUIREMENT FOR TRANS AND GENDER DIVERSE YOUTH TO SEEK COURT APPROVAL FOR THE COMMENCEMENT OF HORMONE TREATMENT: A COMPARISON OF AUSTRALIAN JURISPRUDENCE WITH THE ENGLISH DECISION IN BELL.","authors":"Malcolm K Smith","doi":"10.1093/medlaw/fwac026","DOIUrl":"https://doi.org/10.1093/medlaw/fwac026","url":null,"abstract":"This article outlines the Australian legal position relevant to minors and the commencement of hormone treatment for Gender Dysphoria (GD). It traces the significant Australian legal developments in this field and compares the Australian jurisprudence with recent English caselaw. In Quincy Bell and Mrs A v The Tavistock and Portman NHS Foundation Trust and Ors, the English High Court held that minors below 16 years are not likely to have the requisite competency to lawfully consent to the commencement of puberty suppressing drugs. The Court of Appeal subsequently overturned this decision, but there are important aspects of the High Court's reasoning that warrant further analysis, particularly some of the underlying reasoning about the nature of GD as a condition and its treatment. This article highlights several common themes when comparing the High Court's reasoning in Bell with Australian jurisprudence and highlights how the Australian position has advanced significantly since the first Australian cases in this field were decided. This comparison shows that the Australian perspective is important in demonstrating how judicial views can advance over time alongside a deeper understanding of GD, its treatment, and the broader impact of a requirement to involve the court in such cases. It is concluded that the Australian perspective should be considered in future English cases.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"31 1","pages":"47-82"},"PeriodicalIF":1.7,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9969405/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10797604","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: 1