Journal of Law Medicine & Ethics最新文献_第2页

ERISA and the Failure of Employers to Perform Their Fiduciary Duties: Evidence from a Survey of Health Plan Administrators. ERISA和雇主未能履行其受托责任：来自健康计划管理者调查的证据。

IF 1.7 4区哲学

Journal of Law Medicine & Ethics Pub Date : 2025-09-08 DOI: 10.1017/jme.2025.10159

Barak Richman, Amy Monahan, Jeffrey Pfeffer, Sara Singer

引用次数: 0

Constructing Opioid Legitimacy: The Canadian Pain Task Force's Framing of the Overdose Crisis. 构建阿片类药物的合法性：加拿大疼痛工作组的框架过量危机。

IF 1.7 4区哲学

Journal of Law Medicine & Ethics Pub Date : 2025-09-08 DOI: 10.1017/jme.2025.10158

Daniel Eisenkraft Klein, Quinn Grundy, Ben Hawkins, Robert Schwartz

{"title":"Constructing Opioid Legitimacy: The Canadian Pain Task Force's Framing of the Overdose Crisis.","authors":"Daniel Eisenkraft Klein, Quinn Grundy, Ben Hawkins, Robert Schwartz","doi":"10.1017/jme.2025.10158","DOIUrl":"https://doi.org/10.1017/jme.2025.10158","url":null,"abstract":"The opioid overdose crisis has become a global public health emergency, claiming more than 100,000 lives each year. In North America, shifting opioid prescribing practices in response to the crisis have profoundly affected people living with chronic pain, who now face reduced access to prescription opioids. Against this backdrop, pain stakeholders have become increasingly active in policymaking arenas to shape how opioids and pain are understood. This study examines the Canadian Pain Task Force (CPTF) - a federal advisory body charged with creating a national pain strategy - by analyzing its reports, public and patient consultations, and internal documents. Through qualitative framing analysis, we find that stakeholders overwhelmingly depicted the overdose crisis as the result of illicit and irresponsible opioid use, while positioning stigma as both a driver and consequence of the crisis that compounded the challenges faced by people with chronic pain. From these problem definitions flowed policy proposals centered on expanding opioid access, reducing stigma, and advancing patient-centered care. These findings demonstrate how pain stakeholders shape, and are simultaneously shaped by, opioid policy debates - with consequences for both overdose prevention and chronic pain management.","PeriodicalId":50165,"journal":{"name":"Journal of Law Medicine & Ethics","volume":" ","pages":"1-9"},"PeriodicalIF":1.7,"publicationDate":"2025-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145016580","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Psychedelic Treatment with Psilocybin: Addressing Medical Malpractice Risk and Physicians' Concerns. 迷幻治疗裸盖菇素：解决医疗事故风险和医生的担忧。

IF 1.7 4区哲学

Journal of Law Medicine & Ethics Pub Date : 2025-07-31 DOI: 10.1017/jme.2025.10109

Katherine Cheung, Maxwell Brodie, Sue-Ling Chang, Pierre Deschamps, Jean-Sébastien Fallu, Houman Farzin, Johanne Hébert, Jean-François Stephan, Michel Dorval, Yann Joly

{"title":"Psychedelic Treatment with Psilocybin: Addressing Medical Malpractice Risk and Physicians' Concerns.","authors":"Katherine Cheung, Maxwell Brodie, Sue-Ling Chang, Pierre Deschamps, Jean-Sébastien Fallu, Houman Farzin, Johanne Hébert, Jean-François Stephan, Michel Dorval, Yann Joly","doi":"10.1017/jme.2025.10109","DOIUrl":"10.1017/jme.2025.10109","url":null,"abstract":"Psychedelic treatment with psilocybin is receiving increased attention following clinical trials showing it may help treat end-of-life anxiety, depression, and several other conditions. Despite this, physicians may be reluctant to prescribe psilocybin and carry out psilocybin treatment because of the stigma surrounding psychedelics and the potential for medical malpractice liability. This paper explores whether psilocybin treatment gives rise to a risk of medical malpractice liability for physicians. Following an overview of psilocybin treatment and its regulatory regime in Canada, exploratory vignettes are used to highlight the relevance and limits of malpractice claims. This paper argues that the lack of established medical standards, standardized training, and credentialing contribute to liability risks surrounding psilocybin treatment. More clinical trials, meta-studies of research analyses, and knowledge sharing will help to develop training programs and medical standards of practice to better realize psilocybin's potential.","PeriodicalId":50165,"journal":{"name":"Journal of Law Medicine & Ethics","volume":" ","pages":"1-9"},"PeriodicalIF":1.7,"publicationDate":"2025-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12358238/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144755028","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Moral Permissibility and Desert in the Therapy-Enhancement Distinction. 治疗-强化区分中的道德容许性与应得性。

IF 1.7 4区哲学

Journal of Law Medicine & Ethics Pub Date : 2025-07-30 DOI: 10.1017/jme.2025.64

Ozan Gurcan

{"title":"Moral Permissibility and Desert in the Therapy-Enhancement Distinction.","authors":"Ozan Gurcan","doi":"10.1017/jme.2025.64","DOIUrl":"https://doi.org/10.1017/jme.2025.64","url":null,"abstract":"In his widely anthologized article on the therapy-enhancement distinction, Resnik argues that, from a moral point of view, the claim that something is not health related cannot be a dispositive argument against the permissibility of enhancements. He further states how the permissibility of an intervention will depend on considerations like the intention for its use and the likely consequences that will ensue, and whether these violate any moral standards. Within this framework, in this paper I first argue that enhancements may be morally permissible on autonomy grounds (its political conception); and secondly, that this permissibility does not dissolve a moral distinction between therapies and enhancements, with the reason being that there is still a difference between something being generally permissible (i.e., therapies) and something being conditionally permissible (i.e., enhancements). But that is not all that is important for a moral therapy-enhancement distinction. I also argue that the distinction - apart from being about \"permissibility\" (at the level of regulation of individual use) - is also about regarding justice more broadly (at the level of what is owed to individuals). What captures the moral distinction more fully is that therapies are, generally speaking, not only morally permissible but also owed to persons (due to being enablers of social cooperation and competition), whereas, at this stage, enhancements can only be morally permissible. I demonstrate the appeal of this view by considering its stability and usefulness across specialized bioethical contexts and across various kinds of enhancements and show that its practical value for policy lies in its legitimizing / anticipatory and prioritizing functions.","PeriodicalId":50165,"journal":{"name":"Journal of Law Medicine & Ethics","volume":" ","pages":"1-7"},"PeriodicalIF":1.7,"publicationDate":"2025-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144745863","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Training Future Public Health Professional in Law: Results from a Pilot Curriculum. 培训未来的法律公共卫生专业人员：试点课程的结果。

IF 1.7 4区哲学

Journal of Law Medicine & Ethics Pub Date : 2025-07-30 DOI: 10.1017/jme.2025.10122

Florence Pham, Jami Crespo, Montrece Ransom, Tyra Satchell

引用次数: 0

Withdrawal of Life-Sustaining Treatment and Organ Donation After Circulatory Death: Consequences of Legislative Separation. 循环性死亡后生命维持治疗与器官捐献的退出：立法分离的后果。

IF 1.6 4区哲学

Journal of Law Medicine & Ethics Pub Date : 2025-07-22 DOI: 10.1017/jme.2025.10143

Claire O'Callaghan, Brendan Parent

引用次数: 0

Organizational Characteristics of Medical-Legal Partnerships in HIV Care: Exploring Challenges and Opportunities through a Mixed Methods Study. 艾滋病护理中医疗-法律伙伴关系的组织特征：通过混合方法研究探索挑战和机遇。

IF 1.6 4区哲学

Journal of Law Medicine & Ethics Pub Date : 2025-07-22 DOI: 10.1017/jme.2025.10142

Allen Partono, Miguel Munoz-Laboy, Ashley French, Robin Davison, Xiang Zhu, Omar Martinez

{"title":"Organizational Characteristics of Medical-Legal Partnerships in HIV Care: Exploring Challenges and Opportunities through a Mixed Methods Study.","authors":"Allen Partono, Miguel Munoz-Laboy, Ashley French, Robin Davison, Xiang Zhu, Omar Martinez","doi":"10.1017/jme.2025.10142","DOIUrl":"https://doi.org/10.1017/jme.2025.10142","url":null,"abstract":"People with HIV (PWH) often encounter health-harming legal needs that impede their access to care, including structural issues such as racism, discrimination, unstable housing, and stigma. Medical-Legal Partnerships (MLPs) have emerged as a promising strategy to address these challenges within HIV care settings. This study aimed to identify the characteristics and strategies of MLPs that are most effective in improving HIV care continuum outcomes. A mixed-methods analysis was conducted utilizing data from a cross-sectional survey of 60 providers in MLPs. Categorical features of MLPs, such as the personnel responsible for screening for health-harming legal needs (HHLN), the organizational structure (community-based vs. institutional), and the delivery of legal services, were examined. A multiple, variable linear regression analysis was conducted to explore the association between these variables and outcomes. Community health organizations were found to be associated with a greater number of patients achieving suppressed HIV viral load. Additionally, a higher number of on-site services were positively correlated with a greater percentage of PWH achieving decreased viral load and completing follow-up appointments. Findings underscore the significance of comprehensive care approaches within MLPs for enhancing positive patient outcomes in HIV care settings.","PeriodicalId":50165,"journal":{"name":"Journal of Law Medicine & Ethics","volume":" ","pages":"1-8"},"PeriodicalIF":1.6,"publicationDate":"2025-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144683456","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Supreme Court Impacts in Public Health Law: 2024-2025. 最高法院对公共卫生法的影响：2024-2025。

IF 1.6 4区哲学

Journal of Law Medicine & Ethics Pub Date : 2025-07-10 DOI: 10.1017/jme.2025.10138

James G Hodge

引用次数: 0

Characteristics of Scald Burns Caused by Child Abuse in the United States: A Systematic Review. 美国儿童虐待导致烫伤的特点：系统回顾。

IF 1.6 4区哲学

Journal of Law Medicine & Ethics Pub Date : 2025-07-07 DOI: 10.1017/jme.2025.10111

Wendy C Shields, Evelyn Shiang, Marisa Koontz, Jon Vernick, Shannon Frattaroli

{"title":"Characteristics of Scald Burns Caused by Child Abuse in the United States: A Systematic Review.","authors":"Wendy C Shields, Evelyn Shiang, Marisa Koontz, Jon Vernick, Shannon Frattaroli","doi":"10.1017/jme.2025.10111","DOIUrl":"https://doi.org/10.1017/jme.2025.10111","url":null,"abstract":"Hot tap water is the most common source of scald injuries, representing a quarter of all scald injuries requiring hospitalization in the United States. Children and older adults are at increased risk of scald burns. Evidence suggests that poor knowledge of burn risks and treatment among parents and the public may contribute to the burden of scald injuries in children. Medical and injury surveillance categorizes most scald burns as unintentional injuries. However, scald burns can also lead to investigation by the justice system if the injury is suspected to result from abuse or neglect. The Department of Justice recommends assessing criminal intent in childhood scald burns based on traditional indicators derived from medical research: burn uniformity, areas of sparing, burn locations, family history, and speed of medical care. In this study, we present an overview of the existing literature on intentional scald burns in children caused by hot tap water in order to improve their identification and prevention. This systematic review aims to answer two questions: (1) What are the indicators of intentional scald burns in children according to the literature and (2) Is the body of evidence for common indicators of intentional scald burns subject to bias?","PeriodicalId":50165,"journal":{"name":"Journal of Law Medicine & Ethics","volume":" ","pages":"1-12"},"PeriodicalIF":1.6,"publicationDate":"2025-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144576845","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Impostor Syndrome: Fraudulent Participants in Qualitative Research Can Skew Results. 骗子综合症：定性研究中的欺诈性参与者会扭曲结果。

IF 1.6 4区哲学

Journal of Law Medicine & Ethics Pub Date : 2025-07-07 DOI: 10.1017/jme.2025.10123

Leah Z Rand, Sarah McGraw, Junyi Wang, Jonathan J Darrow, Aaron S Kesselheim

引用次数: 0