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Medical Law Review

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https://www.readbyqxmd.com/read/28637312/the-provision-of-healthcare-to-young-and-dependent-children-the-principles-concepts-and-utility-of-the-children-act-1989
#1
Jo Bridgeman
This article undertakes a thorough analysis of the case law concerned with the provision of healthcare to young and dependent children. It demonstrates how, despite the procedural changes introduced by the Children Act 1989 at an early stage in this body of case law, cases have continued to be brought to court by way of applications for the court to exercise its inherent jurisdiction or in wardship rather than using the orders introduced by the Act. In determining these cases, the court is focused upon its protective duty to the vulnerable but proceedings appear to be adversarial contests between the claims of adults to know what is best for the child in which the medical view normally prevails...
June 14, 2017: Medical Law Review
https://www.readbyqxmd.com/read/28637311/whole-woman-s-health-v-hellerstedt-the-empirical-case-against-trap-laws
#2
Michele Goodwin
This commentary examines the US Supreme Court case Whole Woman's Health v Hellerstedt.1 This comment synthesizes the case, focusing primarily on its legislative and appellate history as well as the Supreme Court's analysis. The comment finds that while Whole Woman's Health represented a judicial victory for those who seek to safeguard and preserve abortion rights, it nevertheless further rooted the primacy of the Supreme Court's flawed framework in Planned Parenthood v Casey2, which rests on perpetuating the notion of abortion as a threat against women's physical and mental health...
June 13, 2017: Medical Law Review
https://www.readbyqxmd.com/read/28575446/transgender-sterilisation-requirements-in-europe
#3
Peter Dunne
The possibility of individuals procreating post-transition has long stalked debates on transgender rights. In 1972, Sweden became the first European jurisdiction to formally acknowledge preferred gender. Under the original Swedish law, applicants for gender recognition were explicitly required to prove an incapacity to reproduce-either through natural infertility or through a positive act of sterilisation. Across the Council of Europe, 20 countries continue to enforce a sterilisation requirement. When considering reforms to their current gender recognition rules as recently as 2015, the Polish executive and the Finnish legislature both rejected proposals to remove mandatory infertility provisions...
June 1, 2017: Medical Law Review
https://www.readbyqxmd.com/read/28541557/live-or-let-die-fine-margins-between-life-and-death-in-a-brain-dead-pregnancy
#4
Rob Heywood
In PP v Health Service Executive, the Irish High Court was recently asked to decide on the lawfulness of maintaining somatic treatment that was being provided to a brain-dead woman who was 15-weeks pregnant. In delivering judgment, Kearns P held that the treatment should not be maintained and that the artificial support being provided to the woman could lawfully be withdrawn. The legal basis for this ruling, however, is not free from criticism. The focus of this discussion is to consider how an English court would deal with a case similar to this should the need ever arise...
May 24, 2017: Medical Law Review
https://www.readbyqxmd.com/read/28541496/reason-and-paradox-in-medical-and-family-law-shaping-children-s-bodies
#5
Brian D Earp, Jennifer Hendry, Michael Thomson
Legal outcomes often depend on the adjudication of what may appear to be straightforward distinctions. In this article, we consider two such distinctions that appear in medical and family law deliberations: the distinction between religion and culture and between therapeutic and non-therapeutic. These distinctions can impact what constitutes 'reasonable parenting' or a child's 'best interests' and thus the limitations that may be placed on parental actions. Such distinctions are often imagined to be asocial facts, there for the judge to discover...
May 24, 2017: Medical Law Review
https://www.readbyqxmd.com/read/28520960/examining-national-public-health-law-to-realize-the-global-health-security-agenda
#6
Benjamin Mason Meier, Kara Tureski, Emily Bockh, Derek Carr, Ana Ayala, Anna Roberts, Lindsay Cloud, Nicolas Wilhelm, Scott Burris
Where the Global Health Security Agenda (GHSA) seeks to accelerate progress toward a world safe and secure from public health emergencies, the realization of GHSA 'Action Packages' will require national governments to establish necessary legal frameworks to prevent, detect, and respond to infectious disease. By analyzing the scope and content of existing national legislation in each of the GHSA Action Packages, this comparative cross-national research has developed a framework that disaggregates the legal domains necessary to meet each Action Package target...
May 17, 2017: Medical Law Review
https://www.readbyqxmd.com/read/28472502/infectious-disease-outbreak-response-mind-the-rights-gap
#7
Sara E Davies
The international organization responsible for international coordinated response to disease outbreaks-the World Health Organization (WHO)-was given permission to receive reports from informants other than the state in revisions to the International Health Regulations (IHR) in 2005. However, the organization struggles to protect its corresponding right to receive reports from non-state actors on outbreak events. This article examines the consequences of this implementation gap between what is promised in the IHR-the right of WHO to receive reports from non-state actors on outbreak events-and the reality that states remain able and willing to act to ensure that this right is not exercised...
May 4, 2017: Medical Law Review
https://www.readbyqxmd.com/read/28472377/guest-editorial-global-health-governance-of-public-health-emergencies
#8
Belinda Bennett, Sara E Davies
No abstract text is available yet for this article.
May 4, 2017: Medical Law Review
https://www.readbyqxmd.com/read/28453790/does-the-law-on-compensation-for-research-related-injury-in-the-uk-australia-and-new-zealand-meet-ethical-requirements
#9
Joanna M Manning
Despite a consensus that society owes an ethical obligation to compensate for research-related injury, and that no-fault is the best ethical response, an assessment of the compensation arrangements in place in the UK, Australia and New Zealand shows that in general compensation arrangements fall below this ethical expectation. Most subjects rely on ex gratia payment or an unenforceable assurance of payment in the event of injury. It is also likely that, given significant deficiencies in participant information about compensation arrangements in place for trials recommended by the supervisory ethics agencies in each jurisdiction, subjects only find out about their financial exposure in the event of injury...
April 26, 2017: Medical Law Review
https://www.readbyqxmd.com/read/28431117/seeking-certainty-judicial-approaches-to-the-non-treatment-of-minimally-conscious-patients
#10
Richard Huxtable, Giles Birchley
A modest, but growing, body of case law is developing around the (non-)treatment of patients in the minimally conscious state. We sought to explore the approaches that the courts take to these decisions. Using the results of a qualitative analysis, we identify five key features of the rulings to date. First, the judges appear keen to frame the cases in such a way that these are rightly matters for judicial determination. Secondly, the judges appraise the types and forms of expertise that enter the courtroom, seeming to prefer the 'objective' and 'scientific', and particularly the views of the doctors...
April 18, 2017: Medical Law Review
https://www.readbyqxmd.com/read/28419346/our-shared-vulnerability-to-dangerous-pathogens
#11
Lawrence O Gostin
The international community vastly underestimates the risk and scale of our shared vulnerability to fast moving pathogens. Ranging from SARS and novel influenzas to Ebola and Zika, the world seems to be caught off guard, despite the regularity of global health threats historically. More importantly, when governments and international institutions underestimate the threat, they also underinvest in preparedness. Failure to prepare has deep costs in human lives and economic productivity. Here, I offer a pathway to preparedness for, and rapid response to, infectious disease threats: robust and resilient national health systems; strong institutions capable of leading, particularly the World Health Organization; and investments in research and development...
April 17, 2017: Medical Law Review
https://www.readbyqxmd.com/read/28402562/medical-tourism-medical-migration-and-global-justice-implications-for-biosecurity-in-a-globalized-world
#12
I Glenn Cohen
We live in the age of globalization. In medicine, that globalization has brought many benefits such as the diffusion of technology and the spread of health care training, but it has also brought threats to biosecurity. This article examines how medical tourism and medical migration pose risks to biosecurity. It also argues that designing legal responses to these risks requires not only technical competence but also a theory of global justice to guide that design.
April 11, 2017: Medical Law Review
https://www.readbyqxmd.com/read/28379440/public-health-emergencies-of-international-concern-global-regional-and-local-responses-to-risk
#13
Belinda Bennett, Terry Carney
The declaration in 2009 that the H1N1 pandemic constituted a public health emergency of international concern (PHEIC) was the first such declaration under the revised International Health Regulations that were adopted in 2005. In the period since then PHEIC have been declared in relation to polio, Ebola, and Zika. This article evaluates initiatives that have been introduced globally, within the Asia-Pacific region, and within Australia, to strengthen preparedness for public health emergencies. Through analysis of evolving conceptualisations of risk, surveillance of zoonotic diseases, and development of public health capacities, the article argues that to date the global community has failed to make the necessary investments in health system strengthening, and that without these investments, global public health emergencies will continue to be an ongoing challenge...
March 31, 2017: Medical Law Review
https://www.readbyqxmd.com/read/28369446/lack-of-capacity-is-not-an-off-switch-for-rights-and-freedoms-wye-valley-nhs-trust-v-mr-b-by-his-litigation-friend-the-official-solicitor-2015-ewcop-60
#14
Carolyn S Johnston
Wye Valley NHS Trust v Mr B [2015] EWCOP 60 illustrates the extent to which the wishes, feelings, beliefs, and values strongly expressed by a person who lacks decision-making capacity are to be considered in determining his best interests. Whilst not going as far as a supported decision-making model, as endorsed by the UN Convention on the Rights of Persons with Disabilities, the case exemplifies the participative ethos of the Mental Capacity Act 2005 and the requirement that the person lacking capacity should participate as fully as possible in any decision affecting him...
March 20, 2017: Medical Law Review
https://www.readbyqxmd.com/read/28334839/heather-conway-the-law-and-the-dead
#15
Thomas L Muinzer
No abstract text is available yet for this article.
February 27, 2017: Medical Law Review
https://www.readbyqxmd.com/read/28334772/transparency-policies-of-the-european-medicines-agency-has-the-paradigm-shifted
#16
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
https://www.readbyqxmd.com/read/28177508/no-fault-compensation-for-adverse-events-following-immunization-a-review-of-chinese-law-and-practice
#17
Lanfang Fei, Zhou Peng
In 2005, China introduced an administrative no-fault one-time compensation scheme for adverse events following immunization (AEFI). The scheme aims to ensure fair compensation for those injured by adverse reactions following immunization. These individuals bear a significant burden for the benefits of widespread immunization. However, there is little empirical evidence of how the scheme has been implemented and how it functions in practice. The article aims to fill this gap. Based on an analysis of the legal basis of the scheme and of practical compensation cases, this article examines the structuring, function, and effects of the scheme; evaluates loopholes in the scheme; evaluates the extent to which the scheme has achieved its intended objectives; and discusses further development of the scheme...
February 1, 2017: Medical Law Review
https://www.readbyqxmd.com/read/28082610/the-social-life-of-abortion-law-on-personal-and-political-pedagogy
#18
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...
February 1, 2017: Medical Law Review
https://www.readbyqxmd.com/read/28073821/learning-from-cross-border-reproduction
#19
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...
February 1, 2017: Medical Law Review
https://www.readbyqxmd.com/read/28025229/malpractice-criminality-and-medical-regulation-reforming-the-role-of-the-gmc-in-fitness-to-practise-panels
#20
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...
February 1, 2017: Medical Law Review
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