Medical Law and Ethics
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Recent papers in Medical Law and Ethics
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... more
Article 12 of the United Nations Convention on the Rights of Persons with Disabilities, as interpreted by the Committee on the Rights of Persons with Disabilities in General Comment No. 1, offers a vision for law's response to capacity... more
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... more
In recent years there has been an increase in the number of requests for“mercy killings” by patients and their relatives. Under certain conditions,the patient may prefer death to a life devoid of quality. In contrast to thosewho uphold... more
Στο έργο «Εγχειρίδιο Ιατρικής Ευθύνης και Δεοντολογίας» αναλύονται σύγχρονα θέματα ιατρικής ευθύνης. Ειδικότερα, περιλαμβάνει τους κανόνες του ιατρικού επαγγέλματος, την υποχρέωση ενημέρωσης και συναίνεσης του ασθενούς, το ιατρικό σφάλμα,... more
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... more
A Review of David Lemberg’s Ethical and Legal Issues in Healthcare
(1st Edition)
(1st Edition)
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... more
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... more
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... more
Background: Informed consent is a basic concept of contemporary, autonomy-based medical practice and facilitates a shared decision-making model for relations between physicians and patients. Thus, the extent to which patients can... more
The book reflects on some of the troubling questions in medical ethics: Medicine, Technology, Law and Decisions at the Beginning of Life; Planned Orphanage; Wrongful Life; Ethical Education and Research in Medical Schools and Hospitals;... more
The aim in this paper is to challenge the increasingly common view in the literature that the law on end-of-life decision making is in disarray and is in need of urgent reform. The argument is that this assessment of the law is based on... more
Marriage is a voluntary and lifetime union between two people, unless there is an irreparable breakdown. Where mental health or balance is questionable, voluntariness of the mentally ill person is not considered in determining their... more
Through the years, mental health has been clothed in secrecy in almost all African countries including Nigeria. Traditionally, the mentally ill were hidden from public view to preserve the honour of the family rather giving them empathy.... more
Хендель Н. В. Международное здравоохранительное право в системе международного права / Н. В. Хендель // Таджикистанский ежегодник международного публичного и частного права. 2016. Душанбе, Издательство «Эр-граф», 2016. – С. 134-143.
This is a chapter from Herring & Goold, eds, Landmark Cases in Medical Law (Hart, 2015) (forthcoming). It compares two judgments, from the House of Lords and from the Australian High Court, reaching opposite results where negligent... more
This paper discusses recent arguments of Franklin Miller and Robert Truog about withdrawal of life-sustaining treatment and causation. The authors argue that traditional medical ethics, and the law, are mistaken to take the view that... more
There are few issues more emotional and divisive than what has become known as “the right to die.” One camp advocates the “death with dignity” approach, according to which the patient is an autonomous being who can form his or her own... more
Barriers of many different types make successful circumcision-related lawsuits extremely difficult to bring. Actual cases we and others have brought show that among factors impeding progress are (1) financial risks; (2) procedural... more
A comprehensive report commissioned by the Medical Council of NSW in 2018. I include here only the contents pages and brief summary of findings and conclusions.
Our aim in this article is to provide a counterbalance to the substantial body of academic opinion supportive of the decision in the medical non-disclosure case of Chester v Afshar [2004] UKHL 41, [2005] 1 AC 134, while at the same time... more
In this article we explore the ethics of manipulating verbal information for the sake of influencing health-outcomes through placebo and nocebo responses. Recent scientific research on placebo and nocebo effects has drawn attention to the... more
Alberto Giubilini and Francesca Minerva's controversial article ‘After‐Birth Abortion: Why Should the Baby Live?’ has received a lot of criticism since its publishing. Part of the recent criticism has been made by pro‐life philosopher... more
In his film Hable con Ella (2002) Pedro Almodóvar features the character of Benigno, a nurse who is in permanent charge of Alicia, a young patient in a persistent vegetative state. Benigno talks continuously to Alicia. Almodóvar wants the... more
Postmortem sperm retrieval (PMSR) is a procedure to procure sperm from a man who has been dead for a short period of time, or a man who has been declared dead by neurological criteria and is being kept alive artificially. Requests for... more
The paper discusses Aldous Huxley’s dubious role in shaping the eugenic paradigm of the 1920-60s and his participation in Dartmouth Convocation on Great Issues of Conscience in Modern Medicine (September, 1960) which he assessed as... more
- Result of “the Onlife Initiative,” a one-year project funded by the European Commission to study the deployment of ICTs and its effects on the human condition - Inspires reflection on the ways in which a hyperconnected world forces the... more
This is a suicide note contains a real-life story of battling with severe mental illnesses. The author is a lecturer, a researcher, a mental health advocate, an author of several books in philosophy and psychology, and has an educational... more
Medical law is a branch of law concerned with the prerogatives and legal responsibilities of healthcare professionals as well as the rights of patients.Regardless of practice, orthodox clinicians, homeopathic and alternative medical... more
ABSTRACT ORGAN TRANSPLANTATION IN MALAYSIA & JAPAN: A SOCIO LEGAL STUDY * Japan is a fast rising industrialized country, which still retains its Asian features especially in terms of cultural heritage and religious beliefs. Attentive... more
There is unanimity among states to protect the continuation of life the individual as a safeguard against their collective extinction. The right to life is accordingly guaranteed but its antithesis, the right to die is the subject of... more
W artykule odniesiono się do argumentów Polskiego Towarzystwa Ginekologicznego, zawierających krytykę rozwiązań prawnych proponowanych w głośnym projekcie ustawy, który był przedmiotem inicjatywy obywatelskiej „Stop Aborcji” w 2016 r.... more