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Medical Law Review

Thomas L Muinzer
No abstract text is available yet for this article.
February 27, 2017: Medical Law Review
Daria Kim
This article reflects on the state of play as regards access to non-summary clinical trial data in the European Union (EU). In particular, it examines the scope of access under the recent transparency policies of the European Medicines Agency (EMA) that attempt to break away from the presumptively confidential treatment of clinical trial data. In light of the emerging case law of the Court of Justice of the European Union on clinical trial data disclosure, it remains highly uncertain what data, and under what conditions, can be lawfully released by the EMA...
February 23, 2017: Medical Law Review
John Coggon
No abstract text is available yet for this article.
February 10, 2017: Medical Law Review
Lanfang Fei, Zhou Peng
No abstract text is available yet for this article.
February 8, 2017: Medical Law Review
Fiona J Kelly, Deborah J Dempsey
An increasing number of Australian parents of donor-conceived children are making contact with their child's donor relatives prior to their child reaching the age of majority. This process, often referred to as 'donor linking', can be achieved in Australia through either formal or informal mechanisms. Formal mechanisms exist in three states, each of which has legislation enabling donor linking in certain circumstances. Donor linking may also be achieved through informal mechanisms, such as online donor registries, social media searches, direct-to-consumer genetic testing, and fertility clinics which act as intermediaries between donors and recipients...
January 30, 2017: Medical Law Review
Christian Enemark
An influenza pandemic would be a global health emergency, and laboratory-based research on influenza viruses is an important component of worldwide efforts to prevent and prepare for this. There are concerns, however, that publishing the findings of such research might sometimes increase the risk of a pandemic caused by a laboratory accident or the deliberate release of a deadly virus. This article addresses the challenge of governing scientific information sharing, with regard to public health benefits and risks, from an export-control perspective...
January 23, 2017: Medical Law Review
Bernadette J Richards, Michaela E Okninski
No abstract text is available yet for this article.
January 21, 2017: Medical Law Review
Emma Cave
Patients have a right to autonomy that encompasses making medical decisions that others consider 'bad'. The ambits of this right in law and clinical practice are explored in this article, which describes an expansion of welfare protections across different aspects of medical law and explores their justifications and implications. In England and Wales, the Mental Capacity Act 2005 sets out protections for those who fall within its definition of incapacity. Those who retain capacity are ostensibly free to make decisions others consider unwise...
January 12, 2017: Medical Law Review
Nicky Priaulx
The current contribution seeks to start a conversation around our pedagogical practice in respect of abortion law. Centralising the traditional portrayal of abortion law within the medical law curriculum, this essay highlights the privileging of a very particular storyline about abortion. Exploring the terrain in evaluating medical law methodologies, this essay highlights the illusion of 'balance', 'objectivity', and 'neutrality' that emerges from current pedagogy in light of how abortion law is framed and in particular what is excluded: women's own voices...
January 11, 2017: Medical Law Review
Emily Jackson, Jenni Millbank, Isabel Karpin, Anita Stuhmcke
Drawing upon the preliminary findings of an Australian empirical project on cross-border reproduction (CBR), this article argues that regulators and policymakers could learn from the experiences of those who travel overseas in order to access fertility treatment and surrogacy. It makes four principal observations. First, the distinction between so-called 'altruistic' and 'commercial' gamete donation and surrogacy is increasingly unsustainable and is not experienced as meaningful by many participants in CBR...
January 10, 2017: Medical Law Review
Edward S Dove
No abstract text is available yet for this article.
January 6, 2017: Medical Law Review
Laura Pritchard-Jones
In recent years, dementia has been subjected to an increasing ethical, legal, and political gaze. This article analyses how the Court of Protection considers the perspective of the person with dementia when making best interests decisions on their behalf under the Mental Capacity Act 2005. The article draws upon feminist and disability literature to highlight how the Court has, on occasions, 'othered' the person with dementia during the process of making best interests decisions. This is despite law and policy increasingly emphasising that the views of the person who lacks capacity should be central to any best interests decision, as well as emphasising the importance of de-stigmatisation of cognitive impairments, such as dementia...
January 5, 2017: Medical Law Review
Melanie Newbould
In England and Wales, it is usually lawful for those with parental responsibility to consent to treatment on children who have not acquired legal capacity, providing that they are acting in the child's best interests. Whilst in most instances this process is unproblematic and the decisions made are non-controversial, there are troubling examples where this is more problematic. The difficulties for a family with a child who has an intersex condition will be considered to illustrate that there may be cases of medical and surgical treatment where even though both parents and doctors agree on a course of action in good faith, the treatment administered may not necessarily be in the best interests of the child...
January 5, 2017: Medical Law Review
Fiona de Londras
Under the Irish Constitution abortion is allowed only where the life of the pregnant woman is at risk. The provision in question, Article 40.3.3 (or the 8th Amendment) has long been criticised for failing to respect women's autonomy, and in Mellet v Ireland, the UN Human Rights Committee found that Amanda Jane Mellet, who travelled to Liverpool to access abortion following a finding that her foetus suffered a fatal abnormality, had suffered a violation of her rights under the International Covenant on Civil and Political Rights (ICCPR)...
December 27, 2016: Medical Law Review
John Martyn Chamberlain
A recent Law Commission Review emphasised that medical fitness to practise panels (also called medical practitioners tribunals) are an important legal mechanism for ensuring that public trust in medical regulation is maintained when a complaint is made against a doctor. This article examines trends over time in panel outcomes to identify their effectiveness in ensuring public protection. Although a rise in complaints, and a change from the criminal to civil standard of proof, has not led to more doctors being struck off the medical register, increasingly action is being taken to provide advice, issue warnings, and agree rehabilitative forms of action with doctors...
December 26, 2016: Medical Law Review
R Neethu
'Informed consent' is essentially an ethical and legal practice and has long been the central theme in the discussions over tissue research. This commentary discusses the case of Elberte v Latvia (Application no 61243/08, January 2015) which is a new direction in consent for use of tissues in health research. However it has offered lesser clarity in different ways. The case considers the importance of consent and also requires that the close relatives also be given a right to consent under certain circumstances...
December 23, 2016: Medical Law Review
Mary Neal, Sara Fovargue
The issue of conscientious refusal by health care practitioners continues to attract attention from academics, and was the subject of a recent UK Supreme Court decision. Activism aimed at changing abortion law and the decision to devolve governance of abortion law to the Scottish Parliament both raise the prospect of altered provision for conscience in domestic law. In this article, building on earlier work, we argue that conscience is fundamentally connected to moral integrity and essential to the proper functioning of moral agency...
December 10, 2016: Medical Law Review
Graeme Laurie
This article fundamentally challenges the way in which law currently regulates human health research. It invokes the anthropological concept of liminality-the quality of in-between-ness-to suggest deeper ways of understanding ongoing challenges in delivering acceptable and effective regulation of research involving human participants. In stark contrast to the structural regulatory spaces constructed by law, the metaphor of the liminal space is explored to explain what is lost through our failure to see health research regulation as an inherently human experiential process, involving potentially profound transformative events for participants and researchers alike...
December 10, 2016: Medical Law Review
Maria K Sheppard
No abstract text is available yet for this article.
December 10, 2016: Medical Law Review
Kirsty Horsey
No abstract text is available yet for this article.
November 1, 2016: Medical Law Review
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