journal
MENU ▼
Read by QxMD icon Read
search

Medical Law Review

journal
https://www.readbyqxmd.com/read/29425316/the-problem-of-unenforceable-surrogacy-contracts-can-unjust-enrichment-provide-a-solution
#1
Craig Purshouse, Kate Bracegirdle
The fact that surrogacy contracts are unenforceable can cause problems if a surrogate decides that she wishes to keep the child. When this happens, the intended parents cannot bring a claim in contract compelling her to give the baby up to them or even for the return of money paid to the surrogate. Intuitively, it appears unfair that the surrogate can keep the child and the money while the intended parents are left with nothing. However, enforcing such contracts could be oppressive to the surrogate and detrimental to the child's welfare...
February 7, 2018: Medical Law Review
https://www.readbyqxmd.com/read/29415260/identity-rights-and-sensitive-ethical-questions-the-european-convention-on-human-rights-and-the-regulation-of-surrogacy-arrangements
#2
Andrea Mulligan
Attitudes to surrogacy vary widely across Europe, leading to great variation in the domestic legal regimes of the Member States of the Council of Europe. Confronted with such diverse approaches, the European Court of Human Rights (ECtHR) faces a difficult task in seeking to apply Convention rights in the surrogacy context, which it has tackled in the recent cases of Mennesson v France and Paradiso and Campanelli v Italy. The primary purpose of this article is to propose an argument as to what the Convention requires of the Member States in the field of surrogacy...
February 5, 2018: Medical Law Review
https://www.readbyqxmd.com/read/29390070/no-judge-required-m-by-her-litigation-friend-mrs-b-v-a-hospital-m-withdrawal-of-treatment-need-for-proceedings-2017-ewcop-19
#3
Stephanie M Pywell
The two titles of the judgment on which this commentary is based reflect the fact that its scope was wider than resolving the legal matter at issue between two parties. It records the reasons for Jackson J's decision on a set of facts, it clarifies whether legal proceedings were necessary and the form that they should take, and it explains why the Court of Protection appointed a patient's mother as her litigation friend. The case arose from a request for a declaration that it would be lawful to withdraw clinically assisted nutrition and hydration from a woman with Huntingdon's disease who had been in a minimally conscious state for about one year...
January 29, 2018: Medical Law Review
https://www.readbyqxmd.com/read/29361026/on-the-relationship-between-medical-ethics-and-the-law
#4
Iain Brassington
In his comments on Bland, Lord Justice Hoffmann stated that 'I would expect medical ethics to be formed by the law rather than the reverse'. But what judges expect, and what they have a right to expect, are different things; I shall use Hoffmann LJ's statement as a way into looking at the relationship between ethics and law, and argue that it is partially correct insofar as that it makes a prediction about that relationship. Professional ethics and codes of ethics are shaped by law; but law is shaped by those codes to some extent, and both are influenced by 'philosophical ethics'...
January 17, 2018: Medical Law Review
https://www.readbyqxmd.com/read/29294011/the-australasian-approach-to-the-definition-of-mental-disorder-in-a-mental-health-act
#5
John B Dawson
How should the mental element be defined in the legal standards governing a person's 'sectioning' or placement under the Mental Health Act (MHA)? This article considers how this mental element is defined in many MHAs in Australasia: via a statutory list of disorders of mental function said to 'characterise' the necessary state of mind. This article assesses the assumptions behind the adoption of this approach. It discusses the views of several English law reform committees that have explored how the mental element should be defined...
December 27, 2017: Medical Law Review
https://www.readbyqxmd.com/read/29253235/who-knows-best-interests-the-case-of-charlie-gard
#6
Emma Cave, Emma Nottingham
When baby Charlie Gard was diagnosed with a rare mitochondrial disease, his parents located a Professor of Neurology in the USA willing to provide nucleoside therapy which offered a theoretical chance of improvement and successfully raised £1.3 million through crowd funding. The decision that unproven therapy was contrary to Charlie Gard's best interests and that life-sustaining treatment should be withdrawn was devastating for his parents and difficult for their supporters to comprehend. The decision was upheld at three levels of appeal and Charlie died in July 2017 aged 11 months...
December 15, 2017: Medical Law Review
https://www.readbyqxmd.com/read/29253267/awake-and-only-just-aware-a-typology-taxonomy-and-holistic-framework-for-withdrawing-clinically-assisted-nutrition-and-hydration-in-the-minimally-conscious-state
#7
Jo Samanta, Ash Samanta
Decisions to withdraw clinically assisted nutrition and hydration (CANH) from people in the minimally conscious state are predicated on the question as to whether it is in the individual's best interests to continue with CANH and determined traditionally using a 'balance sheet' approach. The emerging case law in this area suggests that decisions may appear inconsistent and lack sufficient certainty and clarity of process. Using an analysis of statute, common law and academic commentary we articulate a typology for the elements that tend to engage in these decisions...
December 13, 2017: Medical Law Review
https://www.readbyqxmd.com/read/29240944/a-right-to-access-to-emergency-health-care-the-european-court-of-human-rights-pushes-the-envelope
#8
Aleydis Nissen
This article argues that the European Court of Human Rights (ECtHR) seems to have recently acknowledged that there is a right to access to emergency health care in the member states of the Council of Europe. The Chamber of the ECtHR found that a state's failure to design a regulatory framework that guarantees access to health care in emergency situations violates the substantial limb of Article 2 European Convention on Human Rights (ECHR) that protects the right to life. It is argued that the newly established requirements seem to be reasonable but that there seem to be no sufficient safeguards to ensure that the ECtHR does not substitute its own assessment for that of medical professionals...
December 11, 2017: Medical Law Review
https://www.readbyqxmd.com/read/29186527/grimstone-v-epsom-and-st-helier-university-hospitals-nhs-trust-it-s-not-hip-to-be-square
#9
Louise V Austin
In Montgomery v Lanarkshire Health Board [2015] UKSC 11 the Supreme Court redefined the standard of disclosure in informed consent to medical treatment, rejecting the application of the doctor-focused Bolam standard in favour of one focused on what was significant to patients. In Grimstone v Epsom and St Helier University Hospitals NHS Trust [2015] EWHC 3756 (QB), despite acknowledging a new standard now applied, McGowan J nevertheless used the Bolam test to determine liability for non-disclosure. This illustrates ongoing judicial deference to the medical profession and this case commentary explores that decision and its implications...
November 24, 2017: Medical Law Review
https://www.readbyqxmd.com/read/29161410/autonomy-affinity-and-the-assessment-of-damages-acb-v-thomson-medical-pte-ltd-2017-sgca-20-and-shaw-v-kovak-2017-ewca-civ-1028
#10
Craig Purshouse
In ACB v Thomson Medical Pte Ltd [2017] SGCA 20 and Shaw v Kovak [2017] EWCA Civ 1028, the idea that 'lost autonomy' should be recognised as a new form of actionable damage in the tort of negligence was rejected in Singapore and England, respectively. This, it will be argued, was the correct outcome. Protecting an interest in autonomy via the tort of negligence would undermine the coherence of that tort. In ACB, however, a new, different, form of damage was recognised: loss of 'genetic affinity'. This commentary will discuss some problems that protecting an interest in 'genetic affinity' raises before critiquing the approach to assessing damages in ACB...
November 17, 2017: Medical Law Review
https://www.readbyqxmd.com/read/29145668/tamara-k-hervey-calum-alasdair-young-and-louise-e-bishop-eds-research-handbook-on-eu-health-law-and-policy
#11
Eleanor Brooks
No abstract text is available yet for this article.
November 13, 2017: Medical Law Review
https://www.readbyqxmd.com/read/29140477/when-can-the-child-speak-for-herself-the-limits-of-parental-consent-in-data-protection-law-for-health-research
#12
Mark J Taylor, Edward S Dove, Graeme Laurie, David Townend
Draft regulatory guidance suggests that if the processing of a child's personal data begins with the consent of a parent, then there is a need to find and defend an enduring consent through the child's growing capacity and on to their maturity. We consider the implications for health research of the UK Information Commissioner's Office's (ICO) suggestion that the relevant test for maturity is the Gillick test, originally developed in the context of medical treatment. Noting the significance of the welfare principle to this test, we examine the implications for the responsibilities of a parent to act as proxy for their child...
November 13, 2017: Medical Law Review
https://www.readbyqxmd.com/read/29140436/-%C3%A2-what-god-and-the-angels-know-of-us-character-autonomy-and-best-interests-in-minimally-conscious-state
#13
Giles Birchley
Determining the best interests of incapacitated patients has been observed to be an opaque area of the law, and this is no less so in decisions about the (non-)treatment of patients in the minimally conscious state. A systematic examination of the way best interests are used in judgments relating to this population suggests that narratives involving the character of the patient frequently form an important plank of judicial reasoning. Since insights into the concept of best interests may be gained by an engagement with the philosophy of well-being, I identify the court's character-based approach with perfectionist theories of well-being...
November 13, 2017: Medical Law Review
https://www.readbyqxmd.com/read/29126116/c-621-15-w-and-others-v-sanofi-pasteur-an-example-of-judicial-distortion-and-indifference-to-science
#14
Laura R Smillie, Mark R Eccleston-Turner, Sarah L Cooper
This case commentary examines the CJEU's recent decision in C-621/15 W and Others v Sanofi Pasteur MSD SNC [2017] ECR I. This commentary critically examines the decision through the lens of the cultural conflict between law and science. We argue that the CJEU's decision reflects both a distortion of scientific knowledge and an improper indifference to the legitimate methods by which scientific knowledge is generated in the context of vaccines. These judicial approaches may, the authors argue, inadvertently fuel the vaccine scepticism that is growing across the developed world, and in particular in Europe...
November 8, 2017: Medical Law Review
https://www.readbyqxmd.com/read/29121333/is-it-now-institutionally-appropriate-for-the-courts-to-consider-whether-the-assisted-dying-ban-is-human-rights-compatible-conway-v-secretary-of-state-for-justice
#15
Clark Hobson
Noel Conway has ultimately been granted permission to apply for judicial review, to seek a declaration under section 4(2) Human Rights Act 1998 that section 2(1) Suicide Act 1961 is incompatible with his right to respect for private life under Article 8(1) ECHR. Both decisions in the application process are significant. They attempt to deal with the qualitative elements in the reasoning of Lords Neuberger, Mance and Wilson, in Nicklinson v Ministry of Justice: what Parliament is required to have done to have 'satisfactorily addressed' the question of relaxing or modifying section 2(1) Suicide Act...
November 7, 2017: Medical Law Review
https://www.readbyqxmd.com/read/29121265/decisions-at-the-end-of-life-the-inimitable-hallmark-of-the-lawyer
#16
Mary Donnelly
THIS case commentary analyses the application of the best interests standard in section 4 of the Mental Capacity Act 2005 by the Court in the decision in Abertawe Bro Morgannwg University Local Health Board v RY (by his litigation friend the official solicitor) and CP [2017] EWCOP 2. It evaluates the way in which the law impacted on how clinical decisions in respect of RY were made and identifies systemic concerns arising from the case.
November 7, 2017: Medical Law Review
https://www.readbyqxmd.com/read/29077877/cryonics-in-the-courtroom-which-interests-whose-interests
#17
Richard Huxtable
In an apparent international first, the High Court has allowed a terminally ill 14-year-old to be cryopreserved after her death. The patient, JS, requested this, as she hoped one day to be reanimated and cured. Jackson J focused on the welfare (or best interests) of JS as she approached the end of her life and particularly on her (apparently) competent wish to be cryopreserved. I consider the interests involved in a decision to undergo cryonics, specifically exploring which interests and whose interests are engaged...
October 25, 2017: Medical Law Review
https://www.readbyqxmd.com/read/29069392/biomedical-enhancement-of-warfighters-and-the-legal-protection-of-military-medical-personnel-in-armed-conflict
#18
Rain Liivoja
Under international law, military medical personnel and facilities must be respected and protected in the event of an armed conflict. This special status only applies to personnel and facilities exclusively engaged in certain enumerated medical duties, especially the treatment of the wounded and sick, and the prevention of disease. Military medical personnel have, however, been called upon to engage in the biomedical enhancement of warfighters, as exemplified by the supply of central nervous system stimulants as a fatigue countermeasure...
October 24, 2017: Medical Law Review
https://www.readbyqxmd.com/read/29045720/it-s-arrived-relational-autonomy-comes-to-court-abc-v-st-george-s-healthcare-nhs-trust-2017-ewca-336
#19
Roy Gilbar, Charles Foster
No abstract text is available yet for this article.
October 17, 2017: Medical Law Review
https://www.readbyqxmd.com/read/28981873/psychiatric-injury-claims-and-pregnancy-re-a-minor-and-others-v-calderdale-huddersfield-nhs-foundation-trust-2017-ewhc-824
#20
Jaime Lindsey
RE and others concerned a clinical negligence claim against the Defendant NHS Trust by a baby injured during childbirth, as well by her mother and grandmother for psychiatric injury found to have been caused by those events. This commentary focuses on the claim for psychiatric injury by the mother and grandmother, both of which succeeded on the basis that the childbirth was a sufficiently shocking and horrifying event. This commentary urges caution about this development based on how it represents law's view of childbirth and the growth of claims that might result from any expansion of liability in this area...
September 12, 2017: Medical Law Review
journal
journal
31371
1
2
Fetch more papers »
Fetching more papers... Fetching...
Read by QxMD. Sign in or create an account to discover new knowledge that matter to you.
Remove bar
Read by QxMD icon Read
×

Search Tips

Use Boolean operators: AND/OR

diabetic AND foot
diabetes OR diabetic

Exclude a word using the 'minus' sign

Virchow -triad

Use Parentheses

water AND (cup OR glass)

Add an asterisk (*) at end of a word to include word stems

Neuro* will search for Neurology, Neuroscientist, Neurological, and so on

Use quotes to search for an exact phrase

"primary prevention of cancer"
(heart or cardiac or cardio*) AND arrest -"American Heart Association"