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Health care law

Christoph Klein
The United Nations Convention on the Rights of the Child not only grants comprehensive rights to children via international law, it also constitutes a legally binding framework under German federal law. With respect to health care, the convention establishes the "right of the child to the enjoyment of the highest attainable standard of health" and the principle that "the best interests of the child shall be a primary consideration" in all actions undertaken by public or private institutions. Here, some fundamental aspects of the convention and the monitoring of its implementation are summarized and current challenges in paediatric medicine in Germany are discussed in light of the convention...
October 16, 2017: Das Gesundheitswesen
Rocco Palumbo
Scholars and practitioners share a significant concern about rising healthcare costs. Health literacy is widely presented as a solution to this momentous issue, paving the way for a more appropriate access to care and therefore, for cost savings. However, to date little is still known about the ultimate effects of better health literacy on healthcare costs. Drawing from the findings of a systematic literature review which ultimately involved 29 papers retrieved from Scopus-Elsevier and PubMed. This manuscript is aimed at shedding light on the relationship between health literacy and healthcare costs...
January 1, 2017: Health Services Management Research
Emmanuel Allory, Agnès Banâtre, Eléonore Bourbonnois, Gaëlle Le Cavil, Bertille Leborgne, Françoise Tattevin, Sidonie Chhor, Laure Fiquet
INTRODUCTION: French law of 4 March 2002 instituted health democracy, making health system users a real partner and active stakeholder in the healthcare system. This role of health system users must be taken into account particularly in health priority areas in order to reduce social inequalities in health. In the context of primary care, multidisciplinary clinics would appear to be ideal places to develop the expression of health democracy. OBJECTIVE: Identify the health expectations of the users of the Villejean clinic (Brittany, France) situated in a health priority area...
October 2, 2017: Santé Publique: Revue Multidisciplinaire Pour la Recherche et L'action
Inbal Blau, Liran Levin
With the plethora of medical malpractice claims, health care providers are forced to deal not only with medical matters but also with legal issues. Thus, unfortunately, every time health care providers give a medical treatment, they should be aware of the legal implications of their act. Most medical malpractice cases will be resolved in civil law and will have financial implications, but in extreme cases (such as causing death by negligence) criminal procedure may also be conducted, meaning criminal sanctions (imprisonment or fine)...
2017: Quintessence International
Olveen Carrasquillo, Michael Mueller
The Affordable Care Act (ACA) was the most significant expansion of health coverage since Medicare and Medicaid were enacted. The law resulted in approximately 13-20 million uninsured persons gaining coverage. Despite these gains, the ACA has numerous shortcomings. For progressives, the ACA was a unique opportunity to provide access to high-quality, comprehensive, equitable health coverage to all persons living in the United States. Using this perspective as our framework, in this review we highlight some of the limitations of the ACA and potential areas for refinement...
October 13, 2017: Annual Review of Medicine
Melody Glenn, Olivia Zoph, Kim Weidenaar, Leila Barraza, Warren Greco, Kylie Jenkins, Pooja Paode, Jonathan Fisher
BACKGROUND: Community Paramedicine (CP) is a rapidly evolving field within prehospital care where paramedics step outside of their traditional roles of treating acute conditions to provide elements of primary and preventive care. It is unclear if current state oversight regarding the scope of practice (SOP) for paramedics provides clear guidance on the novel functions provided and skills performed by CP programs. OBJECTIVE: To determine the process and authority, as currently defined by state laws and regulations in the United States, to expand paramedic SOP in order to perform CP roles and to assess state EMS agencies' interpretation of paramedic SOP as it applies to CP...
October 12, 2017: Prehospital Emergency Care
Beatriz Domínguez-Gil, Gabriel Danovitch, Dominique E Martin, Marta López-Fraga, Kristof Van Assche, Michele L Morris, Jacob Lavee, Gilad Erlich, Riadh Fadhil, Mirela Busic, Glynn Rankin, Mona Al-Rukhaimi, Philip O Connell, Jacqueline Chin, Triona Norman, Pablo Massari, Refaat Kamel, Francis L Delmonico
Eradicating transplant tourism depends upon complex solutions that include efforts to progress towards self-sufficiency in transplantation. Meanwhile, professionals and authorities are faced with medical, legal, and ethical problems raised by patients who return home after receiving an organ transplant abroad, particularly when the organ has been obtained through illegitimate means. In 2016, the Declaration of Istanbul Custodian Group convened an international, multidisciplinary workshop in Madrid, Spain, to address these challenges and provide recommendations for the management of these patients, which are presented in this paper...
October 11, 2017: Transplantation
Marianne Beare Vyas, Virginia T LeBaron, Aaron M Gilson
BACKGROUND: A staggering number of Americans are dying from overdoses attributed to prescription opioid medications (POMs). In response, states are creating policies related to POM harm reduction strategies, overdose prevention, and alternative therapies for pain management, such as cannabis (medical marijuana). However, little is known about how the use of cannabis for pain management may be associated with POM use. PURPOSE: The purpose of this article is to examine state medical cannabis (MC) use laws and policies and their potential association with POM use and related harms...
September 21, 2017: Nursing Outlook
Vania Villagra, Dante Cáceres, Sergio Alvarado, Elizabeth Salinas, M Loreto Caldera, Erick Lucero, Paola Viviani, Marisa Torres
BACKGROUND: Bites constitute a public health problem worldwide. AIM: To characterize epidemiologically bites by animals happened in the province of Los Andes (2005-2007). METHOD: Descriptive, retrospective epidemiological study. Studied variables: Bitten person (BP), accident by bite, biting animal and bite. It was not feasible to obtain more updated information by law of patient protection. RESULTS: 2,360 BP were assisted in the emergency unit of San Juan de Dios Hospital and Rio Blanco clinic...
June 2017: Revista Chilena de Infectología: órgano Oficial de la Sociedad Chilena de Infectología
Paul H Mason
The availability of diverse sources of data related to health and illness from various types of modern communication technology presents the possibility of augmenting medical knowledge, clinical care, and the patient experience. New forms of data collection and analysis will undoubtedly transform epidemiology, public health, and clinical practice, but what ethical considerations come in to play? With a view to analysing the ethical and regulatory dimensions of burgeoning forms of biomedical big data, Brent Daniel Mittelstadt and Luciano Floridi have brought together thirty scholars in an edited volume that forms part of Springer's Law, Governance and Technology book series in a collection titled The Ethics of Biomedical Big Data...
October 7, 2017: Journal of Bioethical Inquiry
J Simões, G F Augusto, I Fronteira
In Portugal, the National Health Service (NHS) assures universal access to medical treatment and care that is free at the point of delivery - except for relatively small user charges. Freedom of choice is limited and competition between the public and the private sectors is almost non-existent. In May 2016, the Ministry of Health introduced a new law that facilitates the referral of NHS users from primary healthcare units to outpatient consultations in NHS hospitals outside of the referral area. However, for inpatient care, patients are still bound to receive treatment within their referral area, which is determined by place of residence...
September 20, 2017: Health Policy
Paula King, Alison Blaiklock, Christina Stringer, Jay Amaranathan, Margot McLean
Contemporary forms of slavery and associated adverse health effects are a serious, complex and often neglected issue within the New Zealand health sector. Slavery in New Zealand has most recently been associated with the fishing and horticulture industries. However, victims may be found in a number of other industry sectors, including the health and aged-care sectors, or outside of the labour market such as in forced, early (underage) and servile forms of marriage. Victims of slavery are at increased risk of acute and chronic health problems, injuries from dangerous working and living conditions, and physical and sexual abuse...
October 6, 2017: New Zealand Medical Journal
Patricia Pidge Gooch
In response to startling statistics in the increasing number of workplace violence (WPV) incidents against health care workers, California employers across the continuum of care are preparing their organizations to comply with California Occupational Safety and Health Administration (CAL/OSHA) regulation SB 1299. This groundbreaking legislation requires hospitals and other health care settings to implement written strategic prevention plans and broaden the identification and reporting of incidents related to WPV...
October 1, 2017: Workplace Health & Safety
Christine S Cocanour
Informed consent is an ethical concept that is codified in the law and is in daily practice at every health care institution. Three fundamental criteria are needed for clinical informed consent: the patient must be competent, adequately informed and not coerced. Physician-patient interaction is rooted in the ethical concept of beneficence, but over the 19th and 20th centuries, case law and societal changes brought respect for autonomy and with it--informed consent. This article briefly reviews the basics of informed consent, when is it required, how did informed consent evolve into what it is today and what can the surgeon do to truly achieve informed consent...
September 20, 2017: American Journal of Surgery
Hangyu Huang, Yun Ding, Honghong Wang, Kaveh Khoshnood, Min Yang
The level of ethical sensitivity of health care professionals who care for patients with HIV may shed light on ethical behaviors in HIV care. However, little research has determined how such professionals view ethical issues in clinical practice in China. The purpose of our qualitative descriptive study was to explore the ethical sensitivity of health care professionals in Hunan Province, China, and to discuss the existing deficiencies. We used purposive sampling to recruit 17 health care professionals who provided direct care to patients with HIV and conducted interviews with them...
September 12, 2017: Journal of the Association of Nurses in AIDS Care: JANAC
Nick Fahy, Tamara Hervey, Scott Greer, Holly Jarman, David Stuckler, Mike Galsworthy, Martin McKee
The process of leaving the European Union (EU) will have profound consequences for health and the National Health Service (NHS) in the UK. In this paper, we use the WHO health system building blocks framework to assess the likely effects of three scenarios we term soft Brexit, hard Brexit, and failed Brexit. We conclude that each scenario poses substantial threats. The workforce of the NHS is heavily reliant on EU staff. Financing of health care for UK citizens in the EU and vice versa is threatened, as is access to some capital funds, while Brexit threatens overall economic performance...
September 28, 2017: Lancet
Sofia Brissos, Filipe Vicente, João Miguel Oliveira, Gonçalo Santos Sobreira, Zita Gameiro, Cátia Alves Moreira, Mariana Pinto da Costa, Marta Queirós, Eva Mendes, Susana Renca, Henrique Prata-Ribeiro, Maurício Scopel Hoffmann, Fernando Vieira
Instruments designed to evaluate the necessity of compulsory psychiatric treatment (CPT) are scarce to non-existent. We developed a 25-item Checklist (scoring 0 to 50) with four clusters (Legal, Danger, Historic and Cognitive), based on variables identified as relevant to compulsory treatment. The Compulsory Treatment Checklist (CTC) was filled with information on case (n=324) and control (n=251) subjects, evaluated under the Portuguese Mental Health Act (Law 36/98), in three hospitals. For internal validation, we used Confirmatory Factor Analysis (CFA), testing unidimensional and bifactor models...
September 2017: International Journal of Law and Psychiatry
Richard M Duffy, Brendan D Kelly
BACKGROUND: Good mental health legislation is essential for ensuring high quality mental health care and protecting human rights. Many countries are attempting to bring mental health legislation in line with the UN - Convention on the Rights of Persons with Disability (UN-CRPD). The UN-CRPD requires policy-makers to rethink the 'medical model' of mental illness and existing laws. It also challenges WHO guidelines on drafting mental health law, described in the WHO Resource Book on Mental Health, Human Rights and Legislation (WHO-RB)...
September 2017: International Journal of Law and Psychiatry
Namkee G Choi, Diana M DiNitto, C Nathan Marti, Yeates Conwell
Background and Objectives: In light of high late-life suicide rates, we compared older suicide decedents with and without physical health problems as a suicide precipitant with respect to their clinical characteristics and suicide means. We also examined health-related concerns noted in summary coroner/medical examiner or law enforcement (CME/LE) reports. Research Design and Methods: The National Violent Death Reporting System, 2005-2014, provided data (N = 16,924 aged 65 or older)...
September 18, 2017: Gerontologist
Colleen A Flanigan, Shu-Yin J Leung, Kirsten A Rowe, Wendy K Levey, Andrea King, Jamie N Sommer, Johanne E Morne, Howard A Zucker
Approximately 75% of all hepatitis C virus (HCV) infections in the United States and 73% of HCV-associated mortality occur in persons born during 1945-1965, placing this birth cohort at increased risk for liver cancer and other HCV-related liver disease (1). In the United States, an estimated 2.7 million persons are living with HCV infection, and it is estimated that up to 75% of these persons do not know their status. Since 2012, CDC has recommended that persons born during 1945-1965 receive one-time HCV testing...
September 29, 2017: MMWR. Morbidity and Mortality Weekly Report
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