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https://www.readbyqxmd.com/read/28713096/the-directions-of-development-of-legal-regulation-of-patenting-the-methods-of-treatment-in-ukraine-considering-the-european-and-world-experience
#1
Vitalii Pashkov, Yevhen Hrekov, Maryna Hrekova
INTRODUCTION: the current state of patenting legal regulation of medical treatment in Ukraine and in the world is analyzed, the directions for the further development are determined. The author defines "non-industrial medical" and socio-ethical theories in the field of medical treatment patent protection. The existence of exclusively formal "monopoly" of the patent owner is noted, as well as the inapplicability of the majority of the patented achievements in this field in Ukraine. AIM: the purpose of this article is to investigate the current state of patenting legal regulation of medical treatment in Ukraine and in the world, to analyze the limitation of patent protection basic conception in the medical field and to determine the tendencies and perspectives of the legal protection mechanism of further development in this field in Ukraine, considering the European and world regulation experience...
2017: Wiadomości Lekarskie: Organ Polskiego Towarzystwa Lekarskiego
https://www.readbyqxmd.com/read/28661238/minding-ps-and-qs-the-political-and-policy-questions-framing-health-care-spending
#2
William M Sage
Tracing the evolution of political conversations about health care spending and their relationship to the formation of policy is a valuable exercise. Health care spending is about science and ethics, markets and government, freedom and community. By the late 1980s the unique upward trajectory of post-Medicare U.S. health care spending had been established, recessions and tax cuts were eroding federal and state budgets, and efforts to harness market forces to serve policy goals were accelerating. From the initial writings on "managed competition," through the failed Clinton health reform effort in the early 1990s, to the passage of the Affordable Care Act in 2010, the policy narrative of health spending acquired a superficial consistency...
December 2016: Journal of Law, Medicine & Ethics: a Journal of the American Society of Law, Medicine & Ethics
https://www.readbyqxmd.com/read/28655937/-evaluation-of-hazards-caused-by-magnetic-field-emitted-from-magnetotherapy-applicator-to-the-users-of-bone-conduction-hearing-prostheses
#3
Patryk Zradziński, Jolanta Karpowicz, Krzysztof Gryz, Wiesław Leszko
BACKGROUND: Low frequency magnetic field, inducing electrical field (E<sub>in</sub>) inside conductive structures may directly affect the human body, e.g., by electrostimulation in the nervous system. In addition, the spatial distribution and level of E<sub>in</sub> are disturbed in tissues neighbouring the medical implant. MATERIAL AND METHODS: Numerical models of magneto-therapeutic applicator (emitting sinusoidal magnetic field of frequency 100 Hz) and the user of hearing implant (based on bone conduction: Bonebridge type - IS-BB or BAHA (bone anchorde hearing aid) type - IS-BAHA) were worked out...
June 27, 2017: Medycyna Pracy
https://www.readbyqxmd.com/read/28630545/legal-knowledge-as-a-tool-for-social-change-la-mesa-por-la-vida-y-la-salud-de-las-mujeres-as-an-expert-on-colombian-abortion-law
#4
Ana Cristina González Vélez, Isabel Cristina Jaramillo
In May 2006, Colombia's Constitutional Court liberalized abortion, introducing three circumstances under which the procedure would not be considered a crime: (1) rape or incest; (2) a risk to the woman's health or life; and (3) fetal malformations incompatible with life. Immediately following the court's ruling, known as Sentence C-355, members of La Mesa por la Vida y Salud de las Mujeres (hereinafter La Mesa) began to mobilize to ensure the decision's implementation, bearing in mind the limited impact that the legal framework endorsed by the court has had in other countries in the region...
June 2017: Health and Human Rights
https://www.readbyqxmd.com/read/28508731/submitting-medico-legal-intra-partum-ctg-i-p-ctg-monitoring-to-the-bolam-and-bolitho-principles
#5
George G Buttigieg
The article analyses some of the seeming weaknesses of the Bolam and Bolitho tests as applied to electronic foetal monitoring in labour, in the form of intra-partum CTG monitoring. Homing on to such aspects as confirmation of foetal hypoxia/acidosis, it evaluates the Bolam and Bolitho tests in the context of evidence-based medicine versus traditionally held views, which still hold their own in medical jurisprudence. Case law examples are quoted to illustrate various points. The discussion is of practical relevance both to the individual obstetrician as well as to national budgetary implications, bearing in mind, that, for example, in 2011, 'birth asphyxia' comprised 50% of the UK NHS litigation costs, and in the 2000-2010 decade, the same NHS forked out £3...
June 2017: Medico-legal Journal
https://www.readbyqxmd.com/read/28412692/review-research-on-the-physical-training-model-of-human-body-based-on-hq
#6
Liu Junjie
Health quotient (HQ) is the newest health culture and concept in the 21st century, and the analysis of the human body sports model is not enough mature at present, what's more, the purpose of this paper is to study the integration of the two subjects the health quotient and the sport model. This paper draws the conclusion that physical training and education in colleges and universities can improve the health quotient, and it will make students possess a more healthy body and mind. Then through a new rigid body model of sports to simulate the human physical exercise...
November 2016: Pakistan Journal of Pharmaceutical Sciences
https://www.readbyqxmd.com/read/28399153/disinhibition-of-negative-true-self-for-identity-reconstructions-in-cyberspace-advancing-self-discrepancy-theory-for-virtual-setting
#7
Chuan Hu, Sameer Kumar, Jiao Huang, Kurunathan Ratnavelu
In face-to-face communications, to avoid sanctions and disapproval from others, people are more likely to hide negative aspects of their true self (such as socially undesirable personalities, minds, beliefs and consciousness) to avoid conflict with social norms and laws. The anonymity of cyberspace provides people a unique environment to behave more freely and openly with less restraint from the real word. Existing research related to online true self expression has mainly explored true self as an independent aspect of self...
2017: PloS One
https://www.readbyqxmd.com/read/28379674/mens-rea-and-methamphetamine-high-time-for-a-modern-doctrine-acknowledging-the-neuroscience-of-addiction
#8
Meredith Cusick
In American criminal law, actus non facit reum, nisi mens sit rea, "an act does not make one guilty, without a guilty mind." Both actus reus and mens rea are required to justify criminal liability. The Model Penal Code's (MPC) section on culpability has been especially influential on mens rea analysis. An issue of increasing importance in this realm arises when an offensive act is committed while the actor is under the influence of drugs. Several legal doctrines address the effect of intoxication on mental state, including the MPC, limiting or eliminating its relevance to the mens rea analysis...
April 2017: Fordham Law Review
https://www.readbyqxmd.com/read/28192033/seven-foundational-principles-of-population-health-policy
#9
Dru Bhattacharya, Jay Bhatt
In 2016, Keyes and Galea issued 9 foundational principles of population health science and invited further deliberations by specialists to advance the field. This article presents 7 foundational principles of population health policy whose intersection with health care, public health, preventive medicine, and now population health, presents unique challenges. These principles are in response to a number of overarching questions that have arisen in over a decade of the authors' collective practice in the public and private sectors, and having taught policy within programs of medicine, law, nursing, and public health at the graduate and executive levels...
February 13, 2017: Population Health Management
https://www.readbyqxmd.com/read/28093753/a-lemma-science-of-mind-the-potential-of-the-kegon-flower-ornament-sutra
#10
REVIEW
Shin'ichi Nakazawa
The paper argues for a new perspective on the relationship between Buddhism and European psychology, or sciences of the mind, based in the Kegon Sutra, a text that emerged in the early stages of Mahayana Buddhism (3(rd) - 5(th) century CE). The basis of European science is logos intellection, formalized by Aristotle as following three laws: the law of identity, the law of contradiction and the law of the excluded middle. Logic in the Buddhist tradition, by contrast, is based in lemma (meaning to understand as a whole not with language, but with intuition)...
February 2017: Journal of Analytical Psychology
https://www.readbyqxmd.com/read/27982708/kenyan-religious-leaders-views-on-same-sex-sexuality-and-gender-nonconformity-religious-freedom-versus-constitutional-rights
#11
David Kuria Mbote, Theo G M Sandfort, Esther Waweru, Andrew Zapfel
Religion plays an important role in framing the public discourse on sexuality, especially in countries where religion fully permeates social life. We explored the perspectives of Kenyan religious leaders on sexual and gender diversity in their country's specific context. A total of 212 Catholic, Islamic, and Protestant leaders from urban centers and rural townships completed a self-administered questionnaire specifically developed for this study. The leaders' perspectives were predominantly negative. Limited acceptance was conditional on sexual minorities not engaging in same-sex practices or seeing such practices as sinful...
December 16, 2016: Journal of Sex Research
https://www.readbyqxmd.com/read/27928762/the-metaphor-police-a-case-study-of-the-role-of-metaphor-in-explanation
#12
Paul H Thibodeau, Latoya Crow, Stephen J Flusberg
While many scholars have pointed to the role of metaphor in explanation, relatively little experimental research has examined whether and how metaphors are used and understood in everyday explanatory discourse. Across 3 experiments, we investigated the nature and function of metaphor in explanation by drawing on a real-world example where the terms guardian and warrior were used to metaphorically explain the role of police officers. We found, first, that the associations participants brought to mind for these concepts differed depending on whether they had previously answered questions about law enforcement (e...
December 7, 2016: Psychonomic Bulletin & Review
https://www.readbyqxmd.com/read/27874189/incapacity-of-the-mind-secondary-to-medication-misuse-as-a-not-criminally-responsible-defense
#13
Sebastien S Prat, Bruno J Losier, Heather M Moulden, Gary A Chaimowitz
The manifestations of disorders of the mind may play a role in the occurrence of criminal behavior. In the majority of the cases, the presence of a psychiatric disorder is cited as the reason that an individual was not fully aware of his behavior. However, other conditions, such as seizure disorders or hypoglycemia, have also been linked to an inability to understand the nature and consequences of one's actions. On occasion, these situations can be explained by a state of automatism that may be described as insane or noninsane...
January 2017: Journal of Forensic Sciences
https://www.readbyqxmd.com/read/27812846/a-comparative-study-of-obsessionality-in-medical-students-law-students-and-controls
#14
Michael D Harries, Suck Won Kim, Jon E Grant
Understanding obsessive-compulsive behavior in medical students and law students is necessary for administrators and educators to properly work with students struggling with obsessionality. We aim to compare the differences in obsessive symptoms between medical students, law students and a control population. A total of 100 third-year medical students, 102 third-year law students and 103 control subjects drawn from the general population completed the Leyton Obsessional Inventory (LOI). Subjects were examined on all three sections (symptoms/traits, resistance and interference) of the LOI...
September 2017: Psychiatric Quarterly
https://www.readbyqxmd.com/read/27717921/evaluation-of-a-digital-game-based-learning-program-for-enhancing-youth-mental-health-a-structural-equation-modeling-of-the-program-effectiveness
#15
Jenny My Huen, Eliza Sy Lai, Angie Ky Shum, Sam Wk So, Melissa Ky Chan, Paul Wc Wong, Y W Law, Paul Sf Yip
BACKGROUND: Digital game-based learning (DGBL) makes use of the entertaining power of digital games for educational purposes. Effectiveness assessment of DGBL programs has been underexplored and no attempt has been made to simultaneously model both important components of DGBL: learning attainment (ie, educational purposes of DGBL) and engagement of users (ie, entertaining power of DGBL) in evaluating program effectiveness. OBJECTIVE: This study aimed to describe and evaluate an Internet-based DGBL program, Professor Gooley and the Flame of Mind, which promotes mental health to adolescents in a positive youth development approach...
October 7, 2016: JMIR Mental Health
https://www.readbyqxmd.com/read/27717275/disorders-related-to-sexuality-and-gender-identity-in-the-icd-11-revising-the-icd-10-classification-based-on-current-scientific-evidence-best-clinical-practices-and-human-rights-considerations
#16
Geoffrey M Reed, Jack Drescher, Richard B Krueger, Elham Atalla, Susan D Cochran, Michael B First, Peggy T Cohen-Kettenis, Iván Arango-de Montis, Sharon J Parish, Sara Cottler, Peer Briken, Shekhar Saxena
In the World Health Organization's forthcoming eleventh revision of the International Classification of Diseases and Related Health Problems (ICD-11), substantial changes have been proposed to the ICD-10 classification of mental and behavioural disorders related to sexuality and gender identity. These concern the following ICD-10 disorder groupings: F52 Sexual dysfunctions, not caused by organic disorder or disease; F64 Gender identity disorders; F65 Disorders of sexual preference; and F66 Psychological and behavioural disorders associated with sexual development and orientation...
October 2016: World Psychiatry: Official Journal of the World Psychiatric Association (WPA)
https://www.readbyqxmd.com/read/27634721/naturalizing-responsibility
#17
Silvia Zullo
In the contemporary debate on the use of the neurosciences in ethics and law, numerous arguments have been bandied about among scientists and philosophers looking to uphold or reject the reliability and validity of scientific findings obtained by brain imaging technologies. Among the most vexing questions is, Can we trust that technology? One point of disagreement is whether brain scans offer a window through which to observe the functioning of the mind, in such a way as to enable lawyers, judges, physicians, and lawmakers to detect anomalies in brain function that may account for criminal unconscious behavior...
October 2016: Cambridge Quarterly of Healthcare Ethics: CQ: the International Journal of Healthcare Ethics Committees
https://www.readbyqxmd.com/read/27631401/wrong-or-merely-prohibited-special-treatment-of-strict-liability-in-intuitive-moral-judgment
#18
Carly Giffin, Tania Lombrozo
Most crimes in America require that the defendant have mens rea, Latin for "guilty mind." However, mens rea is not legally required for strict liability crimes, such as speeding, for which someone is guilty even if ignorant or deceived about her speed. In 3 experiments involving participants responding to descriptive vignettes, we investigated whether the division of strict liability crimes in the law reflects an aspect of laypeople's intuitive moral cognition. Experiment 1 (N = 396; 236 male, 159 female, 1 other; Mage = 30) found evidence that it does: ignorance and deception were less mitigating for strict liability crimes than for "mens rea" crimes...
December 2016: Law and Human Behavior
https://www.readbyqxmd.com/read/27590249/-rights-of-the-child-parents-rights-and-state-monitoring-when-is-state-intervention-in-parental-autonomy-permissible
#19
Jörg Maywald
Children have their own rights from the outset. It is primarily their parents who are responsible for the implementation of these rights. But state instances also carry responsibility for child rights. The state should only intervene in the parental autonomy against the will of the parents when a child's well-being is endangered. The subject under investigation is whether the development of Frühe Hilfen may have led to a subtle bringing forward of the threshold to state intervention, and how this should be assessed from the perspective of the rights of the child...
October 2016: Bundesgesundheitsblatt, Gesundheitsforschung, Gesundheitsschutz
https://www.readbyqxmd.com/read/27587446/realizing-informed-consent-in-times-of-controversy-lessons-from-the-support-study
#20
Robert J Morse, Robin Fretwell Wilson
This Essay examines the elegantly simple idea that consent to medical treatment or participation in human research must be "informed" to be valid. It does so by using as a case study the controversial clinical research trial known as the Surfactant, Positive Pressure, and Oxygenation Randomized Trial ("SUPPORT"). The Essay begins by charting, through case law and the adoption of the common rule, the evolution of duties to secure fully informed consent in both research and treatment. The Essay then utilizes the SUPPORT study, which sought to pinpoint the level of saturated oxygen that should be provided to extremely low birth weight infants to demonstrate modern complexities and shortcomings of the duty to secure informed consent...
September 2016: Journal of Law, Medicine & Ethics: a Journal of the American Society of Law, Medicine & Ethics
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