Medical Law

Il volume affronta il tema del consenso alle cure alla luce della nuova legge 22 dicembre 2017, n. 219 («Norme in materia di consenso informato e di disposizioni anticipate di trattamento»). Un discorso che vede coinvolti non solo giuristi, ma diverse professionalità, tra cui il medico, il bioeticista, il te-ologo, il sociologo, il pedagogista: un'ideale "comunità sanante", impegnata a costruire una relazione di cura basata sull'ascolto e sulla comunicazione. Un approccio interdisciplinare che favorisce il dialogo dei saperi, e apre alla comprensione della realtà clinica, al riconoscimento della soggettività del paziente e dei suoi bisogni reali. Il giurista, in particolare, è chiamato a professare un diritto "senza soglia": un diritto che attinge saperi dalle altre scienze e con esse si mette in dialogo, riconoscendosi scienza fra le altre scienze. Il suo compito è quello di aiutare il medico a mettere a fuoco le condizioni per una vera consensualità: ma oc-corre una lettura operosa della realtà dell'uomo che vive l'esperienza della malattia e della sofferenza; un'esperienza di immedesimazione e condivisio-ne cui il medico non può rinunciare se l'obiettivo è costruire una relazione di cura rispettosa della persona umana e della sua unicità.

In this concluding chapter we will not seek to summarise all the points made throughout the volume. Rather we bring out from these discussions some practi- cal proposals for how the law might move forward. Three models for reform will be outlined:
– The law should recognise that human bodily material is subject to the laws of property that apply to other ‘things’. The tissue could then be owned, sold, stolen, commercially exploited, given away, and so on and these dealings would be governed by the developed principles of property, tort, criminal and other areas of law relevant to property. We shall call this the ‘property model’.
– Parliament should pass a statute governing the storage, use and control of bod- ily material, reflecting a balance between individual and communal interests in different contexts. We shall call this the ‘statutory model’.
– The courts should develop an ad hoc approach to bodily material allowing the case law to grow organically. We shall call this the ‘ad hoc model’.
These three models will be developed in more detail shortly.1
We will indicate the issues which all models need to address and those specific to each. The aim is not to fully flesh out any proposal, but to set out clearly the issues which will be raised with each model. Before undertaking that task, a few further comments on the academic debates will be useful.

Attention Press and Media: As a known legal and bioethics expert in women's health I have witnessed the reality that many women's health issues are lost in getting national coverage. It is clear that language concepts are essential in the education of the public on complex medical issues. At a recent meeting held at the Jungian Institute in Los Angeles a group of female therapists (all well-educated and not isolated persons), I found that only one woman had heard of morcellation. The rest of the group were horrified and found it difficult to believe me as I discussed the event of morcellation. This incident showed me the failure of our nation to learn about man made medical disasters that have cause pain, suffering, dysfunction and yes, even death of women. In order for one to discuss these issues basic terms are needed to begin with. I recalled my years of philosophy and that language is essential in the transference of information. One cannot report on these topics without having a language that the public can understand. Thus I will be providing new terms so that the press and reporters can use the terms and focus on these stories, for the loss of life is ongoing. Sometimes a term is needed to understand an event in our history. When the term " holocaust " came into use, the world was then capable of grasping the horror. There has been little effort to recognize that these stories all need to be told so that action can take place to change " mayhem and killing practices " .

I am asking you to publish this across the nation. ~ Dr. Vikki Hufnagel, MD

The balance sheet is commonly used as a deliberative approach to decide best interests in Court of Protection cases in England and Wales, since Thorpe LJ in Re A (Male Sterilisation) described the balance sheet as a tool to enable judges and best interests decision-makers to quantify, compare, and calculate the different options at play. Recent judgments have critically reflected on the substance and practical function of the balance sheet approach, highlighting the practical stakes of its implicit conceptual assumptions and normative commitments. Using parallel debates in proportionality, we show that the balance sheet imports problematic assumptions of commensurability and aggregation, which can both overdetermine the outcome of best interests decisions and obfuscate the actual process of judicial deliberation. This means that the decision-making of judges and best interests assessors more generally could fail to properly reflect the nature of values at stake, as well as the skill...

Excellent book is always being the best friend for spending little time in your office, night time, bus, and everywhere. It will be a good way to just look, open, and read the book while in that time. As known, experience and skill don't always come with the much money to acquire them. Reading this book with the PDF from ivf to immortality controversy in the era of reproductive technology will let you know more things.

This article explore the choices made in two Council of Europe member states with common law traditions, both of which have relatively recently introduced legislative frameworks for advance healthcare planning.  In England and Wales, the relevant measure is the Mental Capacity Act 2005 (MCA) which came into effect on 1 October 2007 while, in Ireland, the legislation is the Assisted Decision-Making (Capacity) Act 2015 (ADMA), which was signed in law on 30 December 2015 and is expected to come into effect in 2017. 

Notwithstanding a number of similarities between the MCA and the ADMA, some interesting variations may be identified, reflecting differences in approach to the underlying principles of autonomy and protection. This article undertakes a comparative exploration of  each measure, both in terms of background and also in terms of the detail of the approaches taken.

Aim-To determine the gender using mental foramen as landmark on a panoramic radiographs in selected North Gujarat population. Objective-1. To evaluate and compare the superior border of mental foramen to lower border of mandible(S-L) and inferior border of mental foramen to lower border of mandible(I-L) value in males and females bilaterally. 2. To compare the S-L and I-L between right and left side in males and female 3. To utilize above measurements for gender determination. Materials and Method-Sixty panoramic radiographs were selected for the analysis of mental foramen. Tangents were drawn through the superior and inferior borders of the foramen (S-L and I-L respectively) and perpendicular from the tangents to the lower border of the mandible bilaterally. Digital verniar caliper was used for the distance measurement from S-L and I-L. The data obtained was tabulated and subjected to statistical analysis. Result-The analyzed data of study showed that the mean values of comparison of S-L as well as I-L in males and females were significantly higher in males as compared to females. The comparison of SL and IL on right and left side in the same patient was without any significant difference. Conclusion-The results of present study concluded a definite sexual dimorphism in the position of the mental foramen from the base of the mandible; this method can applied in mass disaster where the fragments of mandible are available.

In bioethical discussions of preimplantation genetic diagnosis and prenatal screening, accusations of eugenics are commonplace, as are counter-claims that talk of eugenics is misleading and unhelpful. This paper asks whether ''eugenics talk'', in this context, is legitimate and useful or something to be avoided. It also looks at the extent to which this linguistic question can be answered without first answering relevant substantive moral questions. Its main conclusion is that the best and most non-partisan argument for avoiding eugenics talk is the Autonomy Argument. According to this, eugenics talk per se is not wrong, but there is something wrong with using its emotive power as a means of circumventing people's critical-rational faculties. The Autonomy Argument does not, however, tell against eugenics talk when such language is used to shock people into critical-rational thought. These conclusions do not depend on unique features of eugenics: similar considerations apply to emotive language throughout bioethics.

In everyday clinical practice, healthcare professionals (HCPs) are exposed to large quantities of confidential patient information, and many use WhatsApp groups to share this information. WhatsApp groups provide efficient mechanisms for clinical management advice, decision- making support and peer review. However, most HCPs do not fully understand the legal and ethical implications of sharing content in a WhatsApp group setting, which is often thought to be hosted on a secure platform and therefore removed from public scrutiny. In our paper, we unpack the legal and ethical issues that arise when information is shared in WhatsApp groups. We demonstrate that sharing content in this forum is tantamount to the publication of content; in other words, those who share content are subject to the same legal ramifications as a journalist would be. We also examine the role of the WhatsApp group administrator, who bears an additional legal burden by default, often unknowingly so. We consider the recommendations made by the Health Professions Council of South Africa in their guidelines for the use of social media, and highlight some areas where we feel the guidelines may not adequately protect HCPs from the legal repercussions of sharing content in a WhatsApp group. Finally, we provide a set of guidelines for WhatsApp group users that should be regularly posted onto the group by the relevant group administrator to mitigate some of the legal liabilities that may arise. We also provide guidelines for group administrators.

Opinions of students about current medical law application were investigated. Students (n=401) who participated in this study were enrolled in the health management undergraduate programs of various public and private universities. The data regarding important topics of medical law were gathered by questionnaires. In this study, the determination of the student concerns and some of their effects have been evaluated. It was found that the participants believed that patients tend to file lawsuits at high rates; current laws are not sufficient to protect healthcare workers; and regulations seem to protect patients more than health professionals. Legal refrain in health care workers may lead to behaviors that impede institutional goals and detract from patient-centered approaches.

This essay will discuss the UK position surrounding patient autonomy when making decisions about their own care with a particular focus on end of life scenarios such as euthanasia, suicide and assisted suicide. The essay will contrast the UK position with the legal positions in other European jurisdictions in which euthanasia has been decriminalised. The essay will then discuss whether or not the UK should go further than that which most European countries have done in relation to euthanasia and decriminalise euthanasia for persons of any age, as has recently been voted on in the Belgian Parliament and become law on the 3rd March 2014.

The present work refers to homogeneous judicial practice from 2010 to August 2017 regarding “medical tort,” under Article 1007 of the Civil Code of Georgia (hereinafter–CCG). Since the problem is related to the general grounds of tort liability, in order to identify the specific features of Article 1007, it would be advisable to determine what kind of relationship exists between the general delict reflected in Article 992 of the CCG and the medical tort identified in Article 1007 of the CCG. Accordingly, it is necessary to clarify the methodological basis of the problem, on the one hand, and the specifics of the medical tort itself, on the other. The question is also of great interest in terms of the distribution of the burden of proof between the parties. This work is a definite attempt to study the specifics of medical delicts based on an analysis of judicial practice.

The failure to prosecute Dr Jayant Patel successfully for any of the deaths associated with his time as Director of Surgery at Bundaberg Base Hospital was received in some quarters as an abject failure of the criminal law to deal adequately with significant wrongdoing. The case itself, the multiple public inquiries and the significant expense to pursue, extradite and prosecute Patel, resulting finally in a finding of guilt on a number of minor fraud charges, seems to compound this sense of failure. This article argues otherwise. When placed within the far longer and forgotten history of the prosecution of manslaughter by criminal negligence in the Australian jurisdiction, this story of prosecutorial failure becomes instead wholly consistent with the case law over time. No adequate account of the history of prosecution in the Australian jurisdiction exists for this area of law. To present Patel in context, the article draws upon archival research to provide a significantly extended account of the history of prosecution for manslaughter in the health care context. The extension of the case law is significant, from four known prosecutions, case histories of another 33 inadequately acknowledged prosecutions are presented. CONTEXTUALISING PATEL The prosecution of manslaughter by criminal negligence or its cognate offences is a complex undertaking. Similarly, such an offence represents one of the most difficult points of interface between the law and health care. The legitimacy of any such intervention is regarded widely as unhelpful to the ongoing work of sustainably reducing preventable adverse events, forms of iatrogenic harm which arise from the actual treatment of a disease or injury rather than the underlying condition itself. 1 Despite this broadly accepted perspective in the professional literature, criminal offences of manslaughter by criminal negligence exist and are pursued. The complex case of Jayant Patel is one such instance. 2 Here the aim is to render the Patel case in a more comprehensive prosecutorial context. To do so, a revised and expanded history of prosecution in the Australian jurisdiction is presented, which expands the known prosecutions of manslaughter in the health care context from four doctors to include an additional 33. To present Patel's case in this way does not aim to efface the otherwise

Disputes about withholding and withdrawing life-sustaining treatment are increasingly coming before Australian Supreme Courts. Such cases are generally heard in the parens patriae jurisdiction where the test applied is what is in the patient’s “best interests”. However, the application of the “best interests” test, and its meaning, remains unclear in this context. To shed light on this emerging body of jurisprudence, this article analyses the Australian superior court decisions that consider an adult’s best interests in the context of decisions about life-sustaining treatment. We identify a number of themes from the current body of cases and consider how these themes may guide future decision-making. After then considering the law in the United Kingdom, we suggest an approach for assessing best interests that could be adopted by Australian Supreme Courts. We argue that the suggested approach will lead to a more structured and systematic decision-making process that better promotes the best interests of the patient.

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.

My Review is divided into five parts. First, I will outline the book’s strengths. I proceed by speaking of the need for clear and cohesive terminology. I will then discuss end-of-life decision-making in some of the countries: Belgium, the Netherlands, and the State of Oregon in the United States, all allow physician-assisted suicide. Belgium and the Netherlands also allow euthanasia. I will also discuss Israel’s Dying Patient Law, enacted by the Knesset on December 5, 2005. Finally, I will make some suggestions for improvement, including a detailed proposal for physician-assisted suicide which I conceive to be the best policy when balancing one against the other the autonomy of the patient, on the one hand, and the safeguards against abuse when life might be considered too lightly, on the other.

Розглядається питання місця та ролі особливих норм, так званих «м’яких» норм міжнародного права – у регламентації
питання прав людини (пацієнта) у сфері охорони здоров’я. Звертається увага як на особливості характеру дії норм
м’якого права у міжнародному праві, так і питання їх співвідношення із національним законодавством.
Ключові слова: м’яке право, права пацієнта, охорона здоров’я, ВООЗ, Рада Європи.
Рассматривается вопрос места и роли особых норм, так называемых «мягких» норм международного права – в регламентации вопросов прав человека (пациента)
в сфере здравоохранения. Обращается внимание как на особенности характера действия норм мягкого права в международном праве, так и вопросы их соотношения с национальным законодательством.
Ключевые слова: мягкое право, права пациента, здравоохранение, ВООЗ, Совет Европы.
Place and role of the special norms, so-called «soft law» at international law, is dedicated through the issue of human rights (the patient) regulation in the health sector. Both the nature of the particular operation of soft law norms in international law, and the issues of their relationship with national law are scrutinized.
Keywords: soft law, the rights of the patient’s, healthcare, WHO, the Council of Europe.

Наукова стаття присвячена проблемам кримінальної відповідаль- ності за порушення порядку реалізації препаратів, які містять малу кількість наркотичних засобів та (або) психотропних речовин. З вико- ристанням наукових методів пізнання та великої емпіричної бази зро- блено спробу відповісти на питання чи є притягнення до кримінальної відповідальності за ст. 320 КК України провізорів та фармацевтів за по- рушення порядку відпуску зазначених препаратів дієвим засобом боротьби з наркозлочинністю або тільки імітує її. Послідовно дово- диться висновок щодо невідповідності кримінальної відповідальності за порушення порядку реалізації препаратів, які містять малу кількість наркотичних засобів і психотропних речовин, основним принципам застосування цього виду юридичної відповідальності. Наводяться аргументовані докази відсутності складу злочину, передбаченого ст. 320 КК, у діях працівників аптечних закладів, які допустили порушення правил торгівлі препаратами, які містять малі кількості наркотичних засобів та (або) психотропних речовин і стосовно яких допускаються виключення деяких заходів контролю.

A. Inleiding 1. Dit overzicht van rechtspraak met betrekking tot het medisch beroepsgeheim werd geconcipieerd als een vervolg op dat van prof. Herman NYS 2 . In het jaar waarin dit verscheen, werd tevens een andere status quaestionis met betrekking tot dit onderwerp gepubliceerd door Mr Pierre LAMBERT 3 . Sindsdien werd het begrippenkader echter verder verfijnd door de rechtspraak, zodat het na ruim vijftien jaar nuttig is even stil te staan bij de evolutie die zich gedurende deze periode heeft voorgedaan; wat betreft de punten die geen evolutie noch een bevestiging hebben gekend en waarvan verder dus geen sprake, wordt daarom verwezen naar het aangehaalde overzicht.

There are several legal impacts of testing and reporting which are the main services offered by the laboratory operators.
The major impact juridically is the fact that a “laboratory error” may lead to the liability of the operator of the laboratory. 
The liability under Private Law is denoted as the fact that the operator of the laboratory shall be obliged to pay compensation. The impairments resulted due to bad testing or misinformation should be compensated by the operator of laboratory.
The legal basis for compensation and liability can either be a contract concluded in between the operator of the laboratory and the acceptor, or they can be grounded by tortuous act or grounded under the principle of liability based on Reliance from the point of noncontractual third parties.
Whatever the legal reason behind the liability is, the operator of the laboratory shall be obliged to compensate the impairments resulted due to misinformation. The crucial criteria in regard to the scope of the impairment and compensation is the criteria stating “the impairment which would not be resulted if the information was correct”. The laboratory operator shall compensate the diminution in wealth which would not be resulted if he had given the correct information, however was resulted due to misinformation. As well as the “actual impairments” can be included in the scope of this, the “loss of earnings” and other financial losses can also be covered having regard to the case.

A system that serves the liability and settlement of medical malpractice disputes or commonly referred to as medical malpractice system has been established in many countries to respond the rise of medical malpractice claims against doctors. Medical malpractice system in the United States of America (the USA) has been relatively well developed as compared to other countries. Beside adopting pretrial screening process in medical malpractice litigation, various methods of alternative to litigation have been developed in the USA. This paper aims to explore the development of the medical malpractice system in the USA and to see the possibility for Indonesia to learn. This normative legal research relies on the secondary data especially which were collected from online sources. It is found that there are some initiatives in the USA that can be adopted by Indonesia for improving its medical malpractice system, especially the establishment of pretrial screening panel. It is expected that pretrial screening process can eliminate meritless claims which later may reduce unnecessary legal actions against doctors.

Tort is a very interesting aspect of civil law that seeks to provide remedy for injuries and non-pecuniary losses people experience as a result of the actions or omissions of others. In my study of Tort, I realized that it has so much to do with what goes on in the health sector, especially with regards to hospital-patient relations. It would seem however that its major concern is with the conventional medical sector. For instance, the case of Bolam v Friern Hospital Management Committee (1957) is the locus classicus when it comes to principles of tortious liability and medical practitioners. In that case, the court enunciated a yardstick (which came to be known as the-Bolam Test‖) that should be used to ascertain whether or not a hospital/medical practitioner had been negligent in the delivery of his duty to a patient. One wonders however, if the-Bolam test" applies or would apply to alternative medicine practice? If not, what is an appropriate standard for measuring tortious liability among practitioners of alternative medicine? Cases of negligence in the context of alternative medicine are very rare in our law reports and there has not been any such case reported in Ghana to the best of my knowledge. Also, the Patient‗s Rights of the Ghana Health Service (GHS) Charter interestingly asserted that: "The patient is entitled to know of alternative treatment(s) and other healthcare providers within the Service if these may contribute to improved outcomes". This means that alternative treatment is vital in the healthcare sector if it will improve on the quality of life (QOL) of the patient in Ghana. It is therefore vital to know of the court decision on prescribers of alternative medicines if the treatment goes sour. Also being a law student and practitioner of Naturopathy and Holistic Medicine, The Carlill V Carbolic Smoke Ball (1892) in Law of Contract case became my favorite partly because it falls under the umbrella of false claims and the company in question was a homeopathic company. It further signifies the many advertisements and claims made by practitioners of herbal, homeopathy and alternative medicine. Many of the practitioners in Ghana could be held liable if patients understand this principle and take them on for many of their false claims. In a nutshell, studying law has broadened my scope in the Medical field especially in the practice of Naturopathy and Holistic Medicine and I keep asking myself this simple question: How much of alternative and traditional medicine practitioners would survive if the legal principles were rigorously applied in Ghana?

The extent to which legal determinations of capacity are genuinely separate from medical opinion on capacity presented to the court as evidence, is an open and important question. In order to explore this question, an empirical study was done on the use of medical and non-medical evidence to establish capacity in three different capacity contexts: " personal/financial " capacity, testamentary capacity and legal matters capacity. The study showed that the use of medical evidence to establish capacity was by far the heaviest in personal/financial capacity matters, often to the point of effective exclusion of other forms of evidence. Concerns with the weight given to medical evidence in personal/financial capacity matters were identified. The concerns have implications for the specific jurisdiction considered, and for the wider question of how capacity is and should be determined in a legal setting.

La médecine de transplantation représente un progrès médical considérable. Son succès est toutefois limité par un problème majeur, une pénurie chronique d’organes. Ce contexte de pénurie accentue davantage le rôle de l’Etat dans le domaine de la transplantation.

Qualifiant la pénurie d’organes de problème de santé publique, la présente recherche propose une réflexion sur les instruments étatiques visant à augmenter le nombre d’organes disponibles. D’une part, cet ouvrage fait état des enjeux médicaux et économiques de la médecine de transplantation et analyse les cadres juridique, sociologique et éthique du don d’organes. Sur cette base, il présente d’autre part l’idée d’une politique publique de promotion du don d’organes. Cette politique publique peut recourir à des instruments incitatifs, sous la forme de modèles de récompense au don.

La présente recherche démontre que des modèles de récompense étatiques permettent de promouvoir le don d’organes, sans toutefois remettre en cause le principe de la gratuité du don. Elle définit et évalue plusieurs modèles, fournit des exemples de mise en pratique dans d’autres pays et propose les modifications législatives nécessaires pour réaliser de tels modèles en Suisse.

Contenu :
- Enjeux médicaux et économiques de la transplantation
- Cadres juridique, sociologique et éthique du don d’organes
- Rôle de l’Etat et disponibilité des organes (perspective de santé publique et réalisation des droits fondamentaux)
- Validité du consentement et statut juridique des organes
- Modèles envisageables de récompense au don d’organes.

Introduzione al focus "PAZIENTI END STAGE E PIANIFICAZIONE CONDIVISA DELLE CURE"

Il documento SIAARTI e gli altri discussi nel focus suggeriscono un approccio medico al fine vita fondato su alcuni punti essenziali: la previsione degli eventi, la pianificazione delle cure, la progressione degli interventi, la maturazione di una conoscenza reciproca tra sanitari e pazienti che favorisca una reale condivisione delle scelte, la sinergia traprofessionalità differenti, la cura palliativa, complementare e poi sostitutiva rispetto
all’approccio strettamente terapeutico. Alla base vi è un’idea di salute non coincidente con il mero prolungamento della vita biologica, ma intrisa della soggettività del singolo paziente. In questo senso il documento sviluppa un orientamento che progressivamente si sta affermando in giurisprudenza e dottrina, sorretto dal “combinato disposto” dei due commi dell’art. 32 Cost. Al tempo stesso, il documento offre una plausibile risposta pragmatica alle obiezioni di chi teme una pericolosa relativizzazione del bene vita in nome di un’autodeterminazione del paziente declinata, in realtà, in termini puramente astratti o burocratici.

Topic of this focus is a medical approach to end-stage chronic diseases on the following basis: event prediction, advance care planning, improvement of a mutual acquaintance between doctor and patient, shared decision-making, synergy of different expertise, palliative treatments. This accentuation of a qualitative concept of health focused on patient subjectivity, that not necessarily corresponds to a lengthening of biological life, and that allows to come together to a decision on replacing curative therapies with only palliative therapies, is the more advanced outcome of medical and judicial implementation of art.32 of Italian Constitution. That’s also a good pragmatic answer to objections
of those, who fear that life protection could be weakened by an abstract or bureaucratic accentuation of patient autonomy.

This article will describe  the current  legal  framework on assisted  reproduction  technology  (ART) regulation in Italy, taking into account recent case-law derived from the implementation of the Law 40  of  2004  on ART.  Special  attention will  be  devoted  to  the  case  of Costa  and  Pavan  v.  Italy, recently decided by  the Tenth Session of  the European Court of Human Rights  (ECtHR).  In  that decision,  the European Court  declared  the incompatibility  of  the  ban  to  pre-implantation  genetic  diagnosis introduced by the abovementioned Italian law on ART. The case will be analysed from a  dual perspective. On the one hand, it will be considered in the light of the ECtHR case-law, in order to derive systematic aspects of continuity or discontinuity between the former and the latter. On the  other hand,  the  case will be  considered  in  the  light of  its  concrete  and prospective  impact on  the Italian legal approach to ART regulation, considering especially the direct and indirect influence of the case: e.g., its possible utilisation by Italian judges when they are called upon to implement Law 40.

O presente artigo examina de forma minunciosa o debate instaurado entre o instituto do Testamento Vital e o princípio constitucional da dignidade da pessoa humana, com o objetivo de aferir se há máculas ao princípio máximo da Constituição Federal ao regulamentar-se tal instituto, analisando a possibilidade de inclusão e regulamentação do Testamento Vital no ordenamento jurídico brasileiro. É levantado o debate sobre a dignidade da pessoa humana e liberdade de escolha do paciente, ao optar por deixar a morte vir até si de maneira natural e abrir mão dos tratamentos ou procedimentos que lhe prolongariam a vida. O instituto ainda não está regulamentado no país, mas há experiências legislativas ao redor do globo que são bem sucedidas e servem de embasamento para uma possível inserção no ordenamento jurídico pátrio. Devido à lacuna legislativa, o Conselho Federal de Medicina já permite que o paciente registre o seu testamento vital na sua ficha de acompanhamento médico. A pesquisa procedeu-se mediante leitura e análise de livros, artigos científicos, doutrina vigente, legislações nacionais, internacionais e outras fontes do Direito com o objetivo de elucidar e dirimir eventuais conflitos e revelar se o Testamento Vital dispõe ou não de plena eficácia sem ofender os princípios constitucionais.

This article examines the legal principles determining when surgical harm becomes a criminal matter. In England and Wales, and other common law jurisdictions, the criminal law has predominantly concerned itself with fatal medical misconduct via the offence of gross negligence manslaughter. The convictions of two surgeons in 2017 (Ian Paterson and Simon Bramhall), for offences against the person, suggests that police and prosecutors have, for the first time, become willing to prosecute surgeons for non-fatal surgical harm. Understanding when non-fatal surgical harm should be treated as a criminal matter is, however, a complex issue. The medical exception to the criminal law legitimizes consensual and reasonable surgical harm. Thus, the question of what is reasonable and what constitutes valid consent is key to determining the parameters of lawful surgery; however, the principles are perplexing and insofar as they may be agreed and understood, they are arguably unsatisfactory. After e...

The article considers three theses about postabortion regret which seek to illustrate its pertinence to reasoning about abortion, and which are often deployed, either explicitly or implicitly, to dissuade women out of that reproductive choice. The first is that postabortion regret renders an abortion morally unjustified. The second is that that a relatively high incidence of postabortion regret -compared with a lower incidence of postnatal regret in the relevant comparator field-is good evidence for the moral impermissibility of abortion choice. The third is that high rates of postabortion regret suggest that abortion is not the most prudent or welfare-maximising choice for the woman concerned.

Abstract: New technologies in the healthcare sector have profoundly impacted the doctrine of informed consent, creating the need for a detailed investigation on the contours and dynamics of this new model of the patient to consent to any treatments or medical interventions. The digital transformation in healthcare was a paramount factor in making it possible to implement artificial intelligence in support of clinical decision and in the efficiency of medical diagnoses, especially in the early detection of diseases, in view of their ability to process and analyze quickly—and in an efficient and effective way—large amounts of data. In recent years, there has been a significant expansion of artificial intelligence combined with robotics, creating a reality of care robots for use in care and nursing environments, or to support independent living for the elderly and those with disabilities. In view of all the current panorama of digitalized medicine and new technologies in the healthcare sector—robotic medicine and artificial intelligence—we were able to conclude, throughout the present work, that the informed consent of the patient acquires certain peculiarities, considering the diverse random factors and risks inherent to artificial intelligence. The physician needs to disclose to patients that even the best healthcare technologies come with some risks of unpredictable events, inaccuracies, cyberattacks, systematic bias, and a particular type of mismatch between AI’s implicit assumptions and an individual patient’s background situation. Furthermore, we show that there are three different semantic dimensions of algorithmic opacity which are particularly relevant to medicine: lack of disclosure, epistemic opacity, and explanatory opacity. Reasonable communication between patient and doctor could mitigate this effect, be a precondition for objecting to fully automated processing, and for requiring some form of human involvement in those activities. This would foster ideals of shared decision-making in medicine. In conclusion, we found that the modern dogmatic of informed consent encompasses the idea of an informed choice, since the patient must be in possession of all the information and possible elements for his understanding. In other words, more than a right to information, the patient has a right to explanation and justification, in order to consent in a free, informed and clarified manner.