MEDICINE AND LAW最新文献

{"title":"NO-FAULT COMPENSATION FOR MEDICAL INJURIES: TRENDS AND CHALLENGES.","authors":"Puteri Nemie Kassim","doi":"","DOIUrl":"","url":null,"abstract":"<p><strong>Unlabelled: </strong>As an alternative to the tort or fault-based system, a no-fault compensation system has been viewed as having the potential to overcome problems inherent in the tort system by providing fair, speedy and adequate compensation for medically injured victims. Proponents of the suggested no-fault compensation system have argued that this system is more efficient in terms of time and money, as well as in making the circumstances in which compensation is paid, much clearer. However, the arguments against no-fault compensation systems are mainly on issues of funding difficulties, accountability and deterrence, particularly, once fault is taken out of the equation. Nonetheless, the no-fault compensation system has been successfully implemented in various countries but, at the same time, rejected in some others, as not being implementable. In the present trend, the no-fault system seems to fit the needs of society by offering greater access to justice for medically injured victims and providing a clearer \"road map\" towards obtaining suitable redress. This paper aims at providing the readers with an overview of the characteristics of the no fault compensation system and some examples of countries that have implemented it.</p><p><strong>Methodology: </strong>Qualitative Research-Content Analysis.</p><p><strong>Results: </strong>Given the many problems and hurdles posed by the tort or fault-based system, it is questionable that it can efficiently play its role as a mechanism that affords fair and adequate compensation for victims of medical injuries. However, while a comprehensive no-fault compensation system offers a tempting alternative to the tort or fault-based system, to import such a change into our local scenario requires a great deal of consideration. There are major differences, mainly in terms of social standing, size of population, political ideology and financial commitment, between Malaysia and countries that have successfully implemented no-fault systems. Nevertheless, implementing a no-fault compensation system in Malaysia is not entirely impossible. A custom-made no-fault model tailored to suit our local scenario can be promising, provided that a thorough research is made, assessing the viability of a no-fault system in Malaysia, addressing the inherent problems and, consequently, designing a workable no-fault system in Malaysia.</p>","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"33 4","pages":"21-53"},"PeriodicalIF":0.2,"publicationDate":"2014-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"34507715","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":"RELIGION AND DISASTER VICTIM IDENTIFICATION.","authors":"Jay Levinson,&nbsp;Abraham J Domb","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Disaster Victim Identification (DVI) is a triangle, the components of which are secular law, religious law and custom and professional methods. In cases of single non-criminal deaths, identification often rests with a hospital or a medical authority. When dealing with criminal or mass death incidents, the law, in many jurisdictions, assigns identification to the coroner/medical examiner, who typically uses professional methods and only answers the religious requirements of the deceased's next-of-kin according to his personal judgment. This article discusses religious considerations regarding scientific methods and their limitations, as well as the ethical issues involved in the government coroner/medical examiner's becoming involved in clarifying and answering the next-of-kin's religious requirements.</p>","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"33 4","pages":"55-60"},"PeriodicalIF":0.2,"publicationDate":"2014-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"34507716","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":"CHANGES IN THE LEGAL AND PSYCHIATRIC CONCEPTS OF OBJECTIVE CAUSE.","authors":"Roberto Mester,&nbsp;Jacob Margolin","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>As it can be observed in court rulings and psychiatric diagnostic criteria, the characteristics of the medico-legal concept of objective cause are undergoing evolutions in the psychiatric as well as in the legal areas. In this paper, we will analyze and discuss those evolutions, using two types of materials: (a) A recent Israeli Supreme Court ruling related to an appeal of an army officer who claimed to have developed a psychiatric disorder due to his military service. (B) The changes in the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) from the DSM-III through the DSM-IV till the recently published DSM-V. Awareness and understanding of those evolutions are helpful for psychiatrists in the process of preparing professional reports and/or acting as expert witnesses in Courts.</p>","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"33 4","pages":"157-64"},"PeriodicalIF":0.2,"publicationDate":"2014-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"34519481","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 ADOPTION OF BUDDHISM'S PRINCIPLES AS A MEANS OF IMPROVING PHYSICIANS' WORK WITH TERMINALLY ILL PATIENTS.","authors":"Ruth Wolf","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The medical approach as summarized by Leibowitz--\"We must treat the person, not just the disease\"--highlights the importance of treating the sick person and not only the illness' pathology. This approach calls for healing not only the physical side, but also--and mainly--the mental aspect of the patient. One of the goals of this article is to turn physicians' attention towards the compassion necessary in treating a person with a severe or chronic illness, or a person who is dying--precisely because sometimes there is no medical cure for the physical state of such a patient. Therefore, physicians' attention does need to be directed to providing emotional assistance to such a patient. Sometimes, the emotional strength the patient draws from the medical team that is treating him can change his view of, and approach to, the illness, and can enable his body to muster the emotional strength necessary to deal with his situation. Buddhism's approach enables the sick patient to experience his illness in a different way, by making peace with one's situation and, sometimes, even viewing the situation differently--viewing the illness as a type of renewal. Buddhism, therefore, enables a sick person to choose a different point of view when his energy is exhausted and he loses hope, providing quality of life to patients. In such a situation, a sick person finds emotional strength in the knowledge that the end of his life is actually a renewal somewhere else. The limited life expectancy of the terminally ill patient demands that he be able to spend his time with minimal concerns and worries, and does not leave much time for treating the emotional side--the patient's fear. In light of this fact, the patient's ability to look ahead and grasp at hope is the most important issue. As much as possible, this is accomplished in an atmosphere of acceptance and with the absence, or reduction, of fear. The freedom to decide for oneself how to behave, according to one's own approach, is what makes it possible for the sick individual to feel empowered, and is liable to encourage the patient to adopt a different point of view. The Buddhist approach recommends replacing the helplessness that usually accompanies the predicament of terminally ill patients with acceptance of responsibility for their behavior in any given situation; this is Buddhism's main contribution to both physicians and patients alike.</p>","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"33 3","pages":"49-59"},"PeriodicalIF":0.2,"publicationDate":"2014-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"34624316","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":"INTRODUCTORY EDITORIAL.","authors":"Daniella Keidar","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"33 3","pages":"1-2"},"PeriodicalIF":0.2,"publicationDate":"2014-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"34624311","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":"PSYCHOLOGICAL IMPLICATIONS OF ILLNESS CONDITIONS AND PHYSICAL DISABILITIES, AND THEIR PLACE IN THE DISCOURSE--OR BETTER TO SAY: IN THE INTERACTION BETWEEN PHYSICIAN AND PATIENT.","authors":"Chanan David","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>This article is based on the idea that, in the dialogue between physician and patient, aside from determining \"what kind of illness a person has\", it is equally important to acknowledge \"what kind of person stands behind the illness\". This means that the psychological meaning denoted by the patient to the physician's explanations referring to his/her impaired medical condition, and nature of the disability, is most important in determining whether the patient will--in the psychological sense--perceive him/herself as handicapped. Basic concepts in the patient's coping process with the medical condition, and the proper adjustment to a possible disability are: adaptation to an adequate, new body image; awareness--as a cognitive procedure; acceptance--as an emotional entity.</p>","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"33 3","pages":"13-20"},"PeriodicalIF":0.2,"publicationDate":"2014-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"34624313","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":"ADOPTION IN SHARI'A LAW, ITS IMPACT ON THE MUSLIM MINORITY IN ISRAEL, AND THE THERAPIST-PATIENT RELATIONSHIP WHEN PSYCHOLOGICAL INTERVENTION IS NECESSARY.","authors":"Emad Gith","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Adoption is an act of kindness and an expression of the most exalted of human morality. It fulfills the needs of both the adoptive parents and the adopted child. Muslim religious law has rejected the concept of adoption as it exists in the western world and presents several alternatives including personal liability, declaration of guardianship, bestowing a gift and leaving a last will and testament. Nevertheless, over the past 20 years, the Arab-Muslim population in Israel has developed a certain acceptance of the more typical concept of adoption and the willingness to accept the civil legislation that is applied in domestic courts in Israel. This gradual integration into Israeli society as well as the very act of adoption, which remains controversial, often creates the need for treatment, consultation and guidance for the adoptive family and the adopted child. The traditional, collective characteristics of the Arab-Muslim society have a significant impact on the child's emotional state and behavior and, of course, effect the adoptive family's social standing as well. In such situations, it is imperative to discuss the interaction and the often difficult and complex relationship that develops between the therapist or counselor and the patient.</p>","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"33 3","pages":"21-33"},"PeriodicalIF":0.2,"publicationDate":"2014-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"34624314","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 BUDGET, THE FAMILY PHYSICIAN AND THE PATIENT A DIFFERENT APPROACH.","authors":"Ilan Keidar","doi":"","DOIUrl":"","url":null,"abstract":"&lt;p&gt;&lt;p&gt;Modern medicine offers better health and longer life expectancy, yet consumes huge budgets. The Israeli Health Insurance Law (IHIL) regulates the delivery of health services to all Israel's residents through Health Maintenance Organizations (HMOS). These organizations confront constant struggles with their budgets and have to reduce expenses as much as possible (without harming the health level rendered). In the constant necessity to restrain expenses are embedded difficulties that might cause unrest to the Public Health System (PHS). At the edge of the public health spear are the Family Physicians (FPS) who have not only to supply the best possible medicine to their patients, and at the same time confront budgetary constraints that have the potential to hinder the level of rendered medicine, but also have, at times, to mediate between the conflicting interests of their patients' wish to receive the best available health measures, the FP own medical believes, the HMO's directives and, between the FPS wish, to keep up the number of their (content) patients. One of the World Health Organization's (WHO) concepts, like Israel's one, is that soul and body are inseparable and must be addressed simultaneously in the process of healing. Real life at the Family Physicians' clinics shows, at times, that despite the Israeli physicians' very high professional level, and the Israeli Health System (IHS)'s high efficiency, such a process, due to budgetary constraints, workload and various other reasons, does not always take place and, on the personal level, there are patients who feel that the \"system\" has treated them incorrectly and in an unsatisfactory manner. Unsatisfied and restless patients might cause undesirable consequences to the \"system\", like losing faith in one's FP and HMO, which might lead to the patients' reduced cooperation in the healing process, lawsuits amplification, patients leaving their FPS and their HMOs etc. Addressing the patient's soul and body as an inseparable unit would help harnessing the patients' will and mental resources to the healing process. A content and satisfied patient tends to less argue with his/her FP, to be more satisfied with the rendered health services, to be more grateful for the provided services, to be healthier (as some would argue), to be more motivated and committed to the healing process, thus, all parties would benefit, emotionally, physically and from the budgetary point of view. This article would like to offer a \"simple\" 'yet very effective way' to keep the HMO's members feel that they are not alone at their sensitive time of illness, that behind the FP's desk sits not only a professional figure, but also a \"human being\" who is there to support their \"souls\" as well, thus, harnessing the patients to the healing process, reducing the patients' possible discontent from the HMOS's ways of rendering services including, at times, in cases when the required or desired medical measures is not received. ","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"33 3","pages":"87-106"},"PeriodicalIF":0.2,"publicationDate":"2014-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"34513902","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":"PATIENT'S RIGHTS LAW AND CULTURALLY COMPETENT NURSING CARE: AN ISRAELI PERSPECTIVE.","authors":"Alonit Berenson,&nbsp;Rabia Khalaila","doi":"","DOIUrl":"","url":null,"abstract":"<p><strong>Aims: </strong>The purpose of the current article is to discuss the culturally competent nursing practice according to the patient's rights law and to suggest strategies and models to facilitate culturally competent nursing care.</p><p><strong>Background: </strong>According to the patient's rights law, health care providers have to inform the patient about his/her health condition by an understandable language that is also appropriate to their culture. However, communication with culturally and linguistically diverse patients has been known to be difficult. Cultural and linguistic differences may impede access to health care, accurate diagnosis, and effective treatment. The culturally competent nursing approach was suggested as the most appropriate way to minimize these difficulties.</p><p><strong>Conclusion: </strong>This paper contributes to nursing care quality by suggesting the best available standards and models of care and improving culturally appropriate care. Nurses should place cultural competence as a priority, and protect their patients' diverse cultural and ethnical rights.</p>","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"33 3","pages":"35-48"},"PeriodicalIF":0.2,"publicationDate":"2014-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"34624315","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 ETHICAL ISSUES IN THE RELATIONSHIP BETWEEN THE PSYCHOLOGIST AS THERAPIST AND THE PATIENT.","authors":"Moshe Zaki","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The two main ethical issues in the relationship between the psychotherapist and patient have been mentioned to be: Sexual involvement between the Psychologist and patient, and the dilemma of confidentiality so called the double loyalty of the therapist. This article will professionally discuss the nature and implications of these two phenomena; and it will propose preventive measures and strategies to cope with.</p>","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"33 3","pages":"3-12"},"PeriodicalIF":0.2,"publicationDate":"2014-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"34624312","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}