MEDICINE AND LAWPub Date : 2017-04-24DOI: 10.18690/24637955.10.1.71-83
Dalila Brito, Idalina Vilela, N. Vilela
{"title":"Legal Aspects of the Safety of Healthcare Professionals Working with Migrants","authors":"Dalila Brito, Idalina Vilela, N. Vilela","doi":"10.18690/24637955.10.1.71-83","DOIUrl":"https://doi.org/10.18690/24637955.10.1.71-83","url":null,"abstract":"The coexistence of multiple cultures is a challenge that requires behavioral changes for the health professionals, in particular nurses. This work’s objective was to understand the factors and beliefs that influence the demand for health care from immigrants in the Porto metropolitan area (Portugal), and their accessibility to the health services. We developed an exploratory-descriptive qualitative study. We obtained the data through semi-structured interviews of eleven Ukrainian residents of the Porto metropolitan area. We used the twelve cultural domains of Purnell. Sampling was non-probability, of convenience and in “snowball”. Participants were required to give their free and informed consent. The results indicated some difficulties accessing health care due to inefficient communication, resulting from the language barrier and/or of different interpretations, and the disarticulation between the different immigrant support services. This study allowed the implementation of strategies designed to promote health care directed to immigrants, taking into consideration the diversity and vulnerability when accessing health services.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"1 1","pages":"71-83"},"PeriodicalIF":0.2,"publicationDate":"2017-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76987654","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"MAIN ETHICAL BREACHES IN MULTICENTER CLINICAL TRIALS REGULATIONS OF TURKEY.","authors":"P Elif Ekmekci","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Turkey has been a growing market for multicenter clinical trials for the last ten years and is considered among the top ten countries in terms of potential study subject populations. The objective of increasing the share of Turkey in multicenter clinical trials is strongly supported. This ambitious goal of Turkey raises the need to have regulations in compliance with other leading countries conducting clinical trials. The latest published Turkish regulations on clinical trials are structured in compliance with the International Conference on Harmonization (ICH) Guidelines and in harmony with the regulations of other leading countries in clinical research, such as the US. There are still flaws in Turkish regulation with the risk of violating human subjects' rights and issues with responsible conduct of research. The aim of this article is to compare Turkish clinical trials regulations with those of the US, to determine if there exists any incompatibility between the countries' regulations and, if so, how to ameliorate these. The main flaws in Turkish clinical trials regulations are identified as follows: lack of definition of the term \"human subject; absence of explicit referral to the unacceptability of Conflict of Interest (COI) and taking measures to avoid it; exiguity of emphasis on plurality of the IRB members; nonexistence of a clear expression that this is research; and clinical equipoise, regarding the treatment of the existing clinical problem and lack of integration with international accreditation systems for Institutional Review Boards.</p>","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"35 ","pages":"491-508"},"PeriodicalIF":0.2,"publicationDate":"2016-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5370078/pdf/nihms850879.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"34871128","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Comparative Analysis of ART in the EU: Cross-border Reproductive Medicine","authors":"G. Stanić","doi":"10.18690/8.5-23(2015)","DOIUrl":"https://doi.org/10.18690/8.5-23(2015)","url":null,"abstract":"The need for cross-border reproductive medicine exists for several reasons. Some are due to the fact that some states do not permit particular ART procedures; thus couples travel to the state where needed procedure is allowed (surrogate motherhood, embryo donation, posthumous fertilization). Other situations are due to the fact of who is entitled to ART procedures. In some states ART procedures are not allowed to same-sex couples or a single woman. The consequence of the cross-border reproductive medicine might be that the born child becomes parentless (“limping legal parentage”) and stateless. Since the best interest of the child is the paramount principle in contemporary family law, it is most important to find solutions for these situations. The most complicated issues are the consequences arising from international surrogacy arrangements. The Hague Conference on private international law is working on these issues trying to find the best solutions.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"2 1","pages":"5-23"},"PeriodicalIF":0.2,"publicationDate":"2015-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86381300","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Perihan Elif Ekmekci, Murat Oral, Eray Serdar Yurdakul
{"title":"A QUALITATIVE EVALUATION OF ETHICS EDUCATIONAL PROGRAM IN HEALTH SCIENCE.","authors":"Perihan Elif Ekmekci, Murat Oral, Eray Serdar Yurdakul","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>This paper originates from a panel discussion on the evaluation of the \"Ethics Educational Program in Health Sciences\" held during the JAEE Conference 2014 Ankara, Turkey. Prior to the panel's discussion, its participants held consultations aimed at solidifying the concepts of the topic. The qualitative data gathered at these consultations matured through the panel members' contribution to the IAEE discussion. The outcome of this qualitative study focuses on the examples of two current curricula; one from a PhD in the History of Medicine and Medical Ethics, the other one from an elective course on medical ethics, offered as part of a PhD program on Pharmacy Management and History, and on the major challenges the trainees face during their education, their expectations and whether the program is satisfactory, those aspects of the programs which are prone to improvement and their overall evaluations of the programs.</p>","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"34 1","pages":"217-227"},"PeriodicalIF":0.2,"publicationDate":"2015-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"36554637","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"IS A 'NO FAULT' COMPENSATION SCHEME THE ANSWER TO THE PROBLEMS OF TORT IN CLINICAL NEGLIGENCE?","authors":"Ian R Barker","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>With patient safety now catapulted to its rightful position at the top of the agenda, a renewed discussion surrounding clinical negligence and its recompense is inevitable. The introduction of 'no fault' compensation has many advantages over the current adversarial system that operates in the United Kingdom and many other countries. By definition, 'no fault' compensation does not require the claimant to have suffered as a result of negligence and it covers those who suffer from inadvertent consequences of treatment. If a patient is paralysed by surgery, does (s)he deserve compensation in the absence of neglect? I would argue yes, not only because of the often insurmountable hurdle required to prove causation but also out of fairness to the claimant. There is little difference to the consequences to the patient, regardless of the cause. At present, many claims fail because of the difficulty of differentiating between a rare complication and negligence, thus the removal of this barrier would ensure the care needed for the unlucky few and, at the same time, ensure preventative measures were put in place.</p>","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"34 1","pages":"595-602"},"PeriodicalIF":0.2,"publicationDate":"2015-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"36963878","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"EDITORIAL MEDICINE AND LAW.","authors":"Roy G Beran","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"34 1","pages":"537-542"},"PeriodicalIF":0.2,"publicationDate":"2015-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"36963879","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"LAWS RELATED TO THE PROTECTION OF WOMEN'S HEALTH IN JAPAN.","authors":"Michiko Miyazaki, Yukari Watanabe, Yoko Sato","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The protection of the health of women, who share the basic role of giving birth to and raising children, is important in all societies. This protection also has a tremendous influence on the development of the next generation. The primary legislation with regard to protection of the health of women in Japan is the Maternal and Child Health Act. This Act seeks to protect pregnant women to ensure the birth of healthy children. For working women, the Labor Standards Act provides specific legislation to protect the health of those who fall pregnant. The health of girls, up to school-leaving age, is protected by the School Health & Safety Act. In addition, the protection of children in an abusive environment falls under sphere of the Child Abuse Prevention Act. For women past puberty, the Maternal Protection Act covers the option to either continue or terminate pregnancies. The Domestic Violence Prevention Act provides women with protection from spousal violence, while, for the elderly, the Long-Term Care Insurance Act ensures protection for women as they approach the end of their lives. In this way, women are afforded protection by one or more pieces of legislation in order to ensure uninterrupted health throughout their life. Few women face situations in which they become aware of these Acts. in daily life. An interest in the revision of these laws, in response to social change, can be seen to be closely connected to the reinforcement of the protection of women's health.</p>","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"34 1","pages":"635-643"},"PeriodicalIF":0.2,"publicationDate":"2015-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"36949823","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Evelyne Pessoa Soriano, Marcus Vitor Diniz de Carvalho
{"title":"CRIMINAL CONDUCT DUE TO DRUNKENNESS: CRITICAL EVALUATION OF BRAZILIAN TRAFFIC LEGISLATION.","authors":"Evelyne Pessoa Soriano, Marcus Vitor Diniz de Carvalho","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>This study aims to carry out a critical evaluation of the traffic legislation in Brazil, regarding drivers' criminal behavior due to alcohol and other psychoactive substances abuse while driving a motor vehicle. First thing to note is the legislation exclusive focus on the use of alcoholic beverages by drivers. No effective measures were taken to elaborate parameters for gauging in cases involving other psychoactive substances. Another issue is the drivers' right not to supply the organic material required for the examination of drunkenness, since it would collide with the constitutional right to remain silent, the more traditional manifestation of the principle of criminal law named Nemo tenetur se detegere. Today, the invocation of such right is rather a way of trying to avoid punishment by the law.</p>","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"34 1","pages":"661-678"},"PeriodicalIF":0.2,"publicationDate":"2015-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"36949826","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"THE OPINIONS OF HOSPITALIZED PATIENTS ABOUT EXPOSED DISCRIMINATION BASED ON HOSPITALS OR HEALTH PERSONNEL.","authors":"Oya Ogenler, Gulcim Yapici, Nursel Bilgin","doi":"","DOIUrl":"","url":null,"abstract":"<p><strong>Objective: </strong>The aim of this paper is to determine whether age discrimination exists for hospitalized patients.</p><p><strong>Methods: </strong>This study was conducted on 298 hospitalized patients at the Mersin University Medical Faculty Hospital in Mersin, Turkey, in May 2012. The questionnaire consisted of 8 questions trying to determine patients' socio-demographic attitudes and consisted of 22 items prepared by the authors.</p><p><strong>Results: </strong>It was determined that 54.9% of the patients included in the study were male, 73.3% of them were married, 80.9% were subject to the social security system. A total of 87 participants reported that the physical conditions of the hospital were not appropriate. Approximately half of the patients mentioned that health care personnel explained what needed to be done to their relatives instead of the patients themselves.</p><p><strong>Conclusion: </strong>Patients were negatively affected by the physical characteristics of the hospital and were uncomfortable with, some negative attitudes of the health staff.</p>","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"34 1","pages":"21-37"},"PeriodicalIF":0.2,"publicationDate":"2015-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"36962625","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"THE INTERNATIONAL HEALTH REGULATIONS MANDATE ON THE DEVELOPMENT AND MAINTENANCE OF CORE SURVEILLANCE SYSTEMS: PROSPECTS AND CHALLENGES OF MEETING THE 2016 DEADLINE IN AFRICA.","authors":"Millicent N Ele","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The use of mobile technology in disease surveillance improves timely reporting for early detection of infectious diseases. Syndromic surveillance makes this even faster because it points to signs of possible outbreak leading to early investigation. The International Health Regulations 2005 mandates all member states to develop, strengthen, and maintain core capacity for surveillance and response by June 2016. With no specific provision for funding, it is a challenge for low-resourced African countries to meet this deadline. It is equally a global concern because infectious diseases know no boundaries. As a way forward, this paper proposes the implementation of a call-in system of syndromic surveillance under which data collection is outsourced to a distributed group in the community and the data collected are analyzed for outbreak detection. The system aims at improving data quality, coverage and representativeness while cutting cost and emphasizing operational simplicity and speed in early detection of outbreaks.</p>","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"34 1","pages":"569-593"},"PeriodicalIF":0.2,"publicationDate":"2015-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"36963876","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}