Health law review最新文献

{"title":"Discussion on Several Problems Worth Discussing in the Work of Health Examination","authors":"Z. Xiaoya","doi":"10.35534/hlr.0101001","DOIUrl":"https://doi.org/10.35534/hlr.0101001","url":null,"abstract":"","PeriodicalId":87182,"journal":{"name":"Health law review","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90152705","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":"Media Representations of Genetic Discoveries: Hype in the Headlines?","authors":"T. Caulfield, T. Bubela","doi":"10.7939/R30G46","DOIUrl":"https://doi.org/10.7939/R30G46","url":null,"abstract":"Many commentators have expressed concern regarding the sensationalistic reporting of biomedical stories by the popular press. (1) It has been suggested that inaccurate or exaggerated reporting can have an adverse impact on public understanding, creating unwarranted hope or fears, and the development of informed policies. (2) Readers get their first or only impressions from headlines. Unfortunately, there are reasons to believe that headlines may be particularly inaccurate or \"hyped.\" Science and medical stories have to compete with other news stories and, as such, headlines must be constructed to catch the attention of both the potential reader and editors who make publishing decisions. (3) As a result, even when a media report is circumspect, headlines may be sensationalized. (4) \"Headline sensationalism\" has been associated with a variety of specific social concerns. For example, in the context of genetic discoveries, repeated exposure of the lay public to such headlines may lead to heightened genetic determinism. (5) That is, the public will come to develop an inaccurate belief that there is a tight causal linkage between a gene and a given human trait or disease. It has also been noted that headlines can influence how the reader interprets the information presented within the body of the full article. (6) Sensationalized headlines that bear little resemblance to the article may generate antipathy or disappointment among some readers, (7) creating a degree of bad will with a portion of the potential audience that should give editors pause. (8) They may also alienate sources, including those in the scientific community. While there is a growing body of research on the accuracy and nature of newspaper stories (9), there is little available data on the accuracy of headlines in the context of genetic research. This study builds on the results of a previous paper examining the accuracy of newspaper stories. (10) We examine the degree and nature of the \"hype\" present in newspaper headlines associated with stories on genetic discoveries. Methods We describe only those methods that are specific to this study on headlines. The selection of scientific papers and newspaper articles, the general coding frame and coding, and a detailed explanation of the statistical analysis using CART were presented in Bubela and Caulfield. (11) Parts of the coding frame were specific to the headline study. The coders were asked a series of questions with standardized categorical responses on the theme; the source of information (voice) beside the scientific paper; assessment of risk, benefits, or controversy for headlines, newspaper articles, and the scientific paper that generated the press coverage (Table 1). Three coders, who all had scientific backgrounds, were asked to subjectively assess the technical accuracy of the headline compared to the scientific paper. The coders also subjectively assessed whether the claims made in the headline were exaggerated (1) relative","PeriodicalId":87182,"journal":{"name":"Health law review","volume":"15 1","pages":"53"},"PeriodicalIF":0.0,"publicationDate":"2014-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91289361","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":"Nutrigenomics, Mass Media and Commercialization Pressures","authors":"T. Bubela, Ben Taylor","doi":"10.7939/R34X54P6T","DOIUrl":"https://doi.org/10.7939/R34X54P6T","url":null,"abstract":"In 2004, the International Human Genome Sequencing Consortium published its scientifi c description of the fi nished human genome sequence containing 20,000 to 25,000 protein-coding genes. 1 The Human Genome Project (HGP), through political rhetoric and publicity, was portrayed as an end in itself, which, in the near term, would produce an explosion of new genomics products, services and therapeutics. Most have yet to materialize and some of those that have, especially in the area of genetic testing targeted directly at consumers, raise considerable ethical, regulatory and legitimacy issues. In particular, the fi eld of nutrigenomics illustrates many of these concerns in the context of direct-to-consumer (DTC) advertising and delivery of genetic testing services, related products (such as nutritional supplements) and associated media coverage. This article presents preliminary data from a study of how the media translate knowledge about nutrigenomics to the public. Specifi cally, we are interested in whether media coverage of nutrigenomics is of suffi cient quality for the public to understand the risks and benefi ts associated with genetic testing. We have considered three main sources of information: peerreviewed science journals, media coverage and, more briefl y, promotional material from nutrigenomic company websites. A fuller understanding of the media’s role has policy implications as countries deal with regulating the provision of genetic testing services and the sale of nutritional supplements and personalized diet plans. It also has implications for regulating commercial representations of nutrigenomics, especially DTC advertising by genetic testing companies and the claims they can make about health benefi ts.","PeriodicalId":87182,"journal":{"name":"Health law review","volume":"1 1","pages":"41"},"PeriodicalIF":0.0,"publicationDate":"2014-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78350900","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":"Media Portrayal of Conflicts of Interest in Biomedical Research","authors":"M. Koper, T. Bubela, T. Caulfield, H. Boon","doi":"10.7939/R3R00P","DOIUrl":"https://doi.org/10.7939/R3R00P","url":null,"abstract":"Due to the growing industry support of biomedical research, studies are increasingly scrutinized because of conflicts of interest of investigators and concerns about inaccurate reporting of study results by the popular media. The Association of American Medical Colleges has defined conflict of interest in science as \"situations in which financial or other personal considerations may compromise, or have the appearance of compromising, an investigator's professional judgment in conducting or reporting research.\" (1) For the purpose of our study, conflict of interest referred to both \"research conflicts\", the primary example of which is industry funding of research, and \"researcher conflicts\" which occur when the researchers themselves have financial ties to industry, and in some cases could potentially benefit from a particular study outcome. Researchers who are employed by or invest in the manufacturer of a study compound or its competitors would fall into this category. This issue is important in a media context as the general public gets much of its information about science and technology from the popular media. For this reason, media reporting has the capacity to shape public perceptions of safety and efficacy of a particular treatment, thereby influencing patterns of use (2). Our study compared newspaper coverage of biomedical research to the reporting of the same studies in the medical literature. To do this, we first examined 109 clinical trials of both herbal remedies (n=58) and conventional pharmaceuticals (n=51), as reported in the medical literature. We then compared them to 598 newspaper articles that reported the results of these trials. We primarily assessed the disclosure of funding information and competing interests, as well as claims of efficacy, and reporting of risk and overall tone. One dominant trend was the relatively infrequent reporting of conflict of interest. Only 9% of newspaper articles disclosed a conflict of interest in the reported trial. In comparison, 22% of the trial reports in the medical literature reported a conflict. In light of evidence that approximately 50% of articles in major medical journals are industry funded, these results suggest that conflict of interest is under-reported in both the scientific literature and the popular media. We also noted that funding information was disclosed in 77% of medical journal articles, while only 13% of newspaper articles reported such information. Even fewer articles (14% of medical journal articles and 2% of newspaper articles) noted the role the funding agency. This is significant, as information pertaining to funding arrangements, particularly the role of the funding body, can reveal conflicts of interest indirectly. For example, a report that the company funding a particular trial also had a role in the development of study methodology and data analysis not only reveals a conflict of interest, but also suggests that we should be concerned about bias arising from s","PeriodicalId":87182,"journal":{"name":"Health law review","volume":"11 1","pages":"30"},"PeriodicalIF":0.0,"publicationDate":"2014-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79226210","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":"Public Trust and Regulatory Governance as represented through the Media","authors":"Kanchana Fernando, T. Bubela, T. Caulfield","doi":"10.7939/R3G58Z","DOIUrl":"https://doi.org/10.7939/R3G58Z","url":null,"abstract":"Media coverage of politics often comments on the decline of the public's trust in government institutions. There is a notion that public trust of government is steadily decreasing. Many factors contribute to this reduced trust, including: unhappiness with government performance, negativity of election campaigns, distrust of traditional political parties, scandalous behavior of government officials (unethical, incompetent or corrupt conduct) and the changing role of the media. (1) The media is said to be \"more interpretive in its reporting and critical of politicians and government\" (2) and thus, politicians and government are subject to criticism on a daily basis. The use of \"the eight-second spot, the quotable quote, the sound bite and live television in the House of Commons\" (3) has assisted in turning politics into a public spectacle. The framing of political coverage in these negative tones stimulates public cynicism which leads to distrust in government. Past studies have suggested that increased public confidence in government institutions, particularly regulatory agencies, results in increased public comfort with the work of those agencies. (4) This is particularly important for regulators of new technologies such as agricultural or health biotechnology. In order for the public to accept new technologies, a high level of public comfort is needed. Where regulatory processes are transparent and the public is informed of new research and developments in the regulatory process, public comfort (and public trust) increases. When there is a lack of trust in the government generally, and in regulatory systems specifically, producer and consumer utilization of new developments in biotechnology may decrease. There is no doubt that the media exerts some influence on the interactions between the public and government institutions. However it is unclear whether the media shapes public opinion, or if media coverage is a mere reflection of the public's opinion. This study examines the level of public trust/confidence in regulatory agencies through public opinion data from 1990 to the present. We collected and compiled data in three separate categories: politicians, the civil/public service and regulatory agencies. We found that politicians have the lowest levels of public trust, ranging from 18% to 46%. The civil/public Service has much higher levels of public trust, ranging from 47% to 72%. Finally, regulatory agencies (in this case Health Canada, Environment Canada and the Canadian Food Inspection Agency) all maintained high levels of public trust, approximately 70% for every year surveyed. (5) The second part of this study examines newspaper coverage of Canadian regulatory agencies for agricultural and health biotechnology. …","PeriodicalId":87182,"journal":{"name":"Health law review","volume":"2 1","pages":"12"},"PeriodicalIF":0.0,"publicationDate":"2014-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87574445","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":"Mental Disabilities and Duty in Negligence Law: Will Neuroscience Reform Tort Doctrine?","authors":"Jean M. Eggen","doi":"10.18060/3911.0003","DOIUrl":"https://doi.org/10.18060/3911.0003","url":null,"abstract":"Recent developments in neuroscience may contribute to some long-needed changes in negligence law. One negligence rule in need of reform is the duty rule allowing physical disabilities to be considered in determining whether a party acted negligently, but disallowing mental disabilities for adult tortfeasors. Further, this bifurcated rule applies imposes an objective standard only on adults alleged to have acted negligently. A subjective standard applies to all parties in intentional torts and to children in negligence actions. Courts justify the bifurcated rule for adults on policy grounds, but these policy underpinnings are no longer valid in contemporary society. More accurate diagnosis of mental conditions through neuroimaging, combined with a better understanding of the behavioral patterns that accompany such conditions, support the need for reform. This article looks at both tort doctrine and neuroscience and concludes that the bifurcated rule is no longer tenable in the era of neuroscience. This article’s modest proposal for understanding how neuroscience may contribute to eliminating the bifurcated rule in tort law is intended as a means to initiate a broader discourse about the potential impact of neuroscience on other aspects of tort doctrine.","PeriodicalId":87182,"journal":{"name":"Health law review","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2014-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81463104","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":"Media Representations of Allergy and Asthma Issues, Policy and Research: Views from the AllerGen Research Community","authors":"R. Hyde-Lay","doi":"10.1016/J.JACI.2010.12.189","DOIUrl":"https://doi.org/10.1016/J.JACI.2010.12.189","url":null,"abstract":"","PeriodicalId":87182,"journal":{"name":"Health law review","volume":"140 1","pages":"24"},"PeriodicalIF":0.0,"publicationDate":"2010-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77598535","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":"Preventing Pandemonium: Pandemic preparedness planning and successful communicable disease outbreak management in a university setting.","authors":"L. Grundy, O. Yonge, R. Richards, T. Bailey, T. Marrie, Les Brinkworth, B. Herman","doi":"10.7939/R3VH5CQ6J","DOIUrl":"https://doi.org/10.7939/R3VH5CQ6J","url":null,"abstract":"The prospect of a possible influenza pandemic (1) spurred the senior administration at the University of Alberta to commission a Public Health Response Committee [PHRC] (2) to develop a Public Health Response Strategy (Strategy) (3). The PHRC began work in January 2006 to develop a decision-making model, business continuity plan, human resources plan and communications plan that would be operationalized in the event the University faced a major public health event. This article provides an overview of the ongoing development of the Strategy. As well, it describes how a recent outbreak of norovirus in a large student residence enabled the emergency response team to apply and assess the Strategy during an actual public health situation. Key lessons learned relate to the importance of raising awareness and understanding of emergency preparedness and response on campus, crisis communications practices, and adequate provision of resources related to emergency preparedness and response. Background, Development of Ethical Principles, and Survey of Knowledge and Attitudes The PHRC is a multi-disciplinary team with 27 representatives composed of students, faculty and staff from key areas of the University, and from external agencies, including the regional health authority for the region (Capital Health) and the Alberta provincial government. In carrying out its mandate, the Committee's priorities include an emphasis on planning for and ensuring, insofar as is possible, the health, safety and security of staff and students, maintaining the essential services of the University, and communicating effectively with stakeholders and partners, including all levels of government. Governments and institutions, including the University, will be called on to make difficult decisions in the event of a serious public health event such as a flu pandemic. Thus, a key component of the Strategy has been to identify a set of ethical principles to facilitate ethical decision-making in the best interests of the University community, as well as the community at large. The following \"NOFLU\" ethical principles were drafted after a review of the literature regarding ethics and public health. (4) They have been adopted by the PHRC in its approach to developing the Strategy. NOFLU will guide decision-making in the event of a public health emergency: 1. Need to protect: While there is a need or duty to take steps to protect the community generally (see utilitarianism below), there is also the need or duty to protect those who incur risk for the benefit of the community, to protect vulnerable populations within the community, and to uphold or protect individual rights and freedoms. 2. Openness: Decisions should be made in an open and transparent manner, with clear lines of accountability. Decision-makers should provide information on how decisions are made and on what basis they are made as much as is reasonably possible. The University community (and, where appropriate, the larger","PeriodicalId":87182,"journal":{"name":"Health law review","volume":"52 3 1","pages":"17"},"PeriodicalIF":0.0,"publicationDate":"2007-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76593720","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":"Trends in Evidence-Based Medicine for Herbal Remedies and Media Coverage","authors":"T. Bubela, T. Caulfield, H. Boon","doi":"10.7939/R34003","DOIUrl":"https://doi.org/10.7939/R34003","url":null,"abstract":"Complementary and Alternative Medicines [CAM] are interventions that are not widely taught in medical schools and are not part of the usual arsenal of treatments and medications recommended and prescribed by physicians and available in hospitals. (1) CAM is big business ($30 billion in the US) with aggressive marketing. Their use in Europe and North America is increasing significantly. (2) For example, a 1998 phone survey of 1539 adults found that 42.1% in the United States had used at least one CAM within a twelve month period and that use had increased since 1990; the most used treatments were herbal medicine, massage, megavitamins, self-help groups, folk remedies, energy healing and homeopathy. (3) In 2003, 20% of all Canadians visited a CAM practitioner, up from 15% in 1994/5. (4) Users of CAM are more likely to have higher education levels and report lower health status. (5) Common health problems treated with CAM are anxiety, back problems, chronic pain, and urinary tract problems. Use of CAM is dependent, not on dissatisfaction with conventional medicine as it is most commonly used in association with conventional medicine, but on philosophical orientations towards health and life, such as feminism, spirituality, and personal growth. (6) Other studies suggest that CAM use allows patients and consumers greater control over their health and a level of self-empowerment. (7) For these reasons, it has become increasingly important to understand the nature and impact of popular representations of CAM in this context. The combination of educated and self-empowered users of CAM suggests a high degree of reliance on information sources outside of mainstream medical practitioners. Not surprisingly, coverage in sources including newspapers, television, magazines, other media, and the internet has increased to meet the demand for information. A vast quantity of information of varying quality exists in the media and on the internet. (8) There are concerns, however, that the media and internet provide too rosy a picture of CAM (9) and downplay adverse reactions to CAM, which can be dangerous and potentially fatal. (10) Such coverage augments the common misperception that CAM is natural and therefore, less harmful than conventional medical treatments. (11) Indeed, Barnes et al. (1998) found that users of CAM were less likely to report adverse effects than users of over-the-counter medicines. (12) These factors suggest that significant improvements need to be made to knowledge translation mechanisms for the public, healthcare professionals, and policy makers. The response of the medical and scientific community has been an increasing interest in CAM issues. There has been an increase in the number and proportion of clinical trials of CAM, which suggests a trend toward an evidence-based approach. The cumulative number of clinical trial articles indexed on MEDLINE, however, remains small (0.4%), and more high-quality original research is needed. (13) Furthe","PeriodicalId":87182,"journal":{"name":"Health law review","volume":"22 1","pages":"3"},"PeriodicalIF":0.0,"publicationDate":"2006-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73084047","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":"Stem cells, politics and the progress paradigm.","authors":"Suzanne DeBow, Tania Bubela, Timothy Caulfield","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":87182,"journal":{"name":"Health law review","volume":"15 1","pages":"50-2"},"PeriodicalIF":0.0,"publicationDate":"2006-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26430175","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}