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Medical Law Review

Marie-Andrée Jacob
Violations of research integrity are understood to have wide-ranging negative consequences for the trustworthiness of science and the health of the public. My goal in this article is not to cause further outrage about research misconduct. Instead, this article queries research conducts expressly as seen through the eyes of a specific regulator and over a specific period (1990-2015). The result is an assessment of the strengths and limitations of the application of the General Medical Council's (GMC's) fitness to practice model in this area...
October 5, 2016: Medical Law Review
Elizabeth Wicks
A commentary on the admissibility decision by the European Court of Human Rights in Nicklinson and Lamb v United Kingdom (Apps 2478/15 and 1787/15), Decision of 23 June 2015.
June 16, 2016: Medical Law Review
Chao-Yuan Chen, Marie Cheeseman
The safety of home birth is widely debated. The European Court of Human Rights (ECtHR) recently made two conflicting rulings on home birth, Ternovszky v Hungary and Dubská and Krejzová v the Czech Republic In Ternovszky v Hungary, the ECtHR essentially forced Hungary to change existing legislation to allow home birth. In contrast, in Dubská and Krejzová v the Czech Republic, the Court found Czech Republic's stringent regulations against home birth acceptable. We describe these cases, the different evidence used and interpreted by the court and examine the ethical conflict between maternal autonomy and the rights of the newborn...
June 6, 2016: Medical Law Review
Richard Huxtable
No abstract text is available yet for this article.
April 27, 2016: Medical Law Review
Kirsty Horsey
This commentary examines a series of high-profile surrogacy cases decided in 2015. Taken singly or together, these cases serve to illustrate how the UK's law on surrogacy-in particular its provisions regarding eligibility for parental orders-is not only out of date but also becoming nonsensical. These problems culminate in an evident inability of the law to protect the best interests of children born through surrogacy and indicate strongly a need for reform.
April 25, 2016: Medical Law Review
(no author information available yet)
No abstract text is available yet for this article.
2016: Medical Law Review
Camilla H Parker
The case of Trust A v X and Others suggests that parents can authorise significant restrictions to be imposed on their disabled children. The court held that the parents of a D, a 15-year-old boy with autism and challenging behaviour, could consent to their son's placement in a locked psychiatric ward for over 15 months, whereas if such restrictions were placed on a child of that age without such disabilities, they would 'probably amount to ill treatment'. Focussing on two main areas of concern, it is argued that this decision is questionable and provides little assistance in determining whether parents can consent to their child's admission to hospital...
2016: Medical Law Review
Ruari D Mcalister
The academic debate rages on as to whether male circumcision really is in the best interests of the child or if it constitutes an abusive practice. This commentary discusses the recent case of Re B and G (children) (care proceedings) [2015] EWFC 3, delivered by the current President of the Family Division of the High court, Sir James Munby. Two key issues are raised by this judgment. First, that President Munby's obiter comments constitute an attack on the legally accepted act of male circumcision by suggesting a similar nature between the illegal act of female genital mutilation (FGM) and that of male circumcision as well as the suggestion that male circumcision can be classed as a significant harm...
2016: Medical Law Review
Benny Chan, Margaret Somerville
In its landmark decision Carter v Canada (Attorney General), the Supreme Court of Canada ruled that the criminal prohibition on physician-assisted suicide and euthanasia for certain persons in certain circumstances violated their rights to life, liberty, and security of the person in sec. 7 of the Canadian Charter of Rights and Freedoms and thus was unconstitutional. The Supreme Court in effect overruled its earlier decision, Rodriguez v British Columbia (Attorney General), which upheld the prohibition as constitutionally valid, on the basis of changes in Charter jurisprudence and in the social facts since Rodriguez was decided...
2016: Medical Law Review
Aurélie Mahalatchimy
Cell-based regenerative therapies are presented as being able to cure the diseases of the twenty-first century, especially those coming from the degeneration of the aging human body. But their specific nature based on biological materials raises particular challenging issues on how regulation should frame biomedical innovation for society's benefit regarding public health. The European Union (EU) supports the development of cell-based regenerative therapies that are medicinal products with a specific regulation providing their wide access to the European market for European patients...
2016: Medical Law Review
Helen J Taylor
Obtaining the patient's consent is usually a prerequisite of any clinical intervention. However, some cognitively impaired patients may not be able to give valid consent. Following years of consultation and legislative review, the Mental Capacity Act 2005 (MCA) provides a statutory framework of 'best interests' decision-making on behalf of incapacitated individuals. However, confusion over the meaning and application of the 'best interests' standard persists. This paper explores the variation in judicial interpretation of the standard and the complexities of best interests decision-making in clinical practice...
2016: Medical Law Review
Andrew S Burrows, John H Burrows
The Ronayne case concerned a husband who suffered a psychiatric illness, described as an adjustment disorder, in seeing the condition of his wife who was the primary victim of admitted medical negligence. His claim for compensation, as a 'secondary victim', failed because he could not satisfy the legal requirement that there must be a sudden shocking event. This commentary criticises that requirement which appears to make no medical sense.
2016: Medical Law Review
Alexander Ruck Keene
This comment responds to the comment by Jonathan Youngs in St George's Healthcare NHS Trust v P(1) entitled 'Can the courts force the doctor's hand?' Vol. 24, No. 1, pp. 99-111, doi: 10.1093/medlaw/fwv042. It clarifies an important factual error in that comment as to the nature of the order made by the court, and it provides further observations upon the respective role of courts and clinicians in cases involving medical treatment decisions.
2016: Medical Law Review
Suzanne Ost
In this article, I argue that sexual exploitation in the doctor-patient relationship would be dealt with more appropriately by the law in England and Wales on the basis of a breach of fiduciary duty. Three different types of sexual boundary breaches are discussed, and the particular focus is on breaches where the patient's consent is obtained through inducement. I contend that current avenues of redress do not clearly catch this behaviour and, moreover, they fail to capture the essence of the wrong committed by the doctor-the knowing breach of trust for self-gain-and the calculated way in which consent is induced...
2016: Medical Law Review
Sara Fovargue, Rebecca Bennett
In this article, we consider the prohibition on the use of preimplantation genetic diagnosis to select an embryo on the basis of its sex for non -: medical reasons. We use this as a case study to explore the role that public consultations have and should play in ethico-legal decision-making. Until the Human Fertilisation and Embryology Act 1990 was amended by the Human Fertilisation and Embryology Act 2008, non-medical sex selection of an embryo was not statutorily regulated, but it was the policy of the Human Fertilisation and Embryology Authority that such selection should not occur...
2016: Medical Law Review
Claire Fenton-Glynn
This article argues that the English legislative regime is ineffective in regulating international surrogacy, particularly with regard to commercial payments. It suggests that if English law views surrogacy as exploitative, we have a responsibility to protect women both in England and abroad, and the only way to do so effectively is to create a domestic system of regulation that caters adequately for the demand in this country. This requires a system of authorisation for surrogacy before it is undertaken; ex-post facto examinations of agreements completed in other jurisdictions, after the child is already living with the commissioning parents, cannot be seen as an acceptable compromise, as authorisation will inevitably be granted in the child's best interests...
2016: Medical Law Review
Karen O'Connell
At a time when brain-based explanations of behaviour are proliferating, how will law respond to the badly behaved child? In Australia, children and youth with challenging behaviours such as aggression, swearing, or impulsivity are increasingly understood as having a behavioural disability and so may be afforded the protections of discrimination law. A brain-based approach to challenging behaviour also offers a seemingly neutral framework that de-stigmatises a child's 'bad' behaviour, making it a biological or medical issue rather than a failure of discipline or temperament...
2016: Medical Law Review
Jonathan C W Youngs
No abstract text is available yet for this article.
2016: Medical Law Review
Rosamund Scott
Although there is no right to abort in English law but rather abortion is a crime, the lawful grounds for which are instantiated in the Abortion Act 1967 (as amended by the Human Fertilisation and Embryology Act 1990), the regulation of abortion is sometimes perceived as being fairly 'liberal'. Accordingly, the idea that aspects of English law could be criticised under the European Convention on Human Rights, with which the UK must comply following the Human Rights Act 1998, may seem unlikely. Indeed, English law is compatible with the consensus amongst contracting states that abortion should be available on maternal health grounds...
2016: Medical Law Review
Roy Gilbar, Charles Foster
This comment analyses the recent High Court's decision in ABC v St George's Healthcare NHS Trust. In this case, the court struck out a claim brought by a patient's daughter against her father's doctors for their failure to warn her of his hereditary disease. The claimant argued that the doctors' failure caused her harm and violated her rights under the European Convention on Human Rights. It is argued in this comment that the judge should have accepted the claimant's application.
2016: Medical Law Review
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