Medical Law Research Articles

MEDICAL PERSONNEL AS THE KEY TO SOCIALLY RESPONSIBLE GREEN TRANSITION IN THE HEALTHCARE SECTOR

To implement the socially responsible green transition in the Healthcare sector, it is essential to involve competent and educated personnel/staff. Article 48 of the Medical Treatment Law (Ārstniecības likums) of the Republic of Latvia stipulates that a medical practitioner has a duty to regularly improve his or her professional qualifications. Article 1 also defines improvement of professional qualifications as part of post-graduate education in a specific profession or specialty, which occurs in accordance with a freely selected education program, though the content and time of acquisition of which is not regulated. However, it must be noted that almost all programs offered by the Ministry of the Health of the Republic of Latvia for the improvement of practitioners’ professional qualifications refer to the acquisition of skills and knowledge necessary to improve the process of treating patients. Although various international and national regulatory acts determine the obligations of state institutions to include the green transition into their operations, the involvement of the institution’s employees is not discussed. This study aims to analyze and reflect on the competence of medical personnel and students regarding patient treatment and to analyze the compliance of the regulations of the Cabinet of Ministers with international and national regulations related to the creation of a socially responsible and sustainable state. UN Sustainable Development Goal Nr.4 “Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all” includes the necessity to ensure that all trainees acquire the knowledge and skill needed to promote sustainable development, including education regarding sustainable development and sustainable lifestyle. Within the scope of the research examples of positive foreign green transition practices will be evaluated. The results obtained within the framework of the research indicate the need to develop specific guidelines for the education of medical personnel, regarding the implementation of a socially responsible green transition in the healthcare sector, ensuring quality education in terms of promoting sustainable development.

Australian Indigenous people and treatment decision-making at end-of-life

This article analyses Australian law and literature to identify the key cultural and legal considerations that can arise in medical treatment decision-making with Aboriginal and Torres Strait Islander peoples at the end-of-life. The authors explore how First Nation peoples’ cultural values, connection to Country, family, and community, history, and health care experiences, intersect with end-of-life medical treatment laws, providing valuable insights for lawyers, policymakers and health practitioners.

Charakter prawny zabiegów kosmetycznych i medycyny estetycznej

Cosmetic and aesthetic medicine procedures have long been a cause of public controversy, caused by the unclear eligibility of the various professions to perform them. This issue has not escaped the attention of jurisprudence, which is trying to resolve the issue of their classification as a health care service, as well as the possibility of recognizing people who receive such procedures as patients within the meaning of medical law. The court rulings to date have been ambiguous, but it is possible to see trends forming. This paper is an attempt to define and classify the various types of services in the field of commonly understood "aesthetic medicine"; in particular, this study proposes to make a division, in accordance with accepted definitions in medicine, into cosmetic procedures, aesthetic medicine procedures and plastic surgery procedures. Making such a division facilitates discussion of the legal nature of the various procedures and allows for their further classification.

Нарушение конституционного права на защиту несовершеннолетних на стадии возбуждения уголовного дела

The legal aspects in the context of determining the specifics of legal assistance by a lawyer in the sphere of medical law are studied and analysed in the article, the specific of a defender’s participation in medical cases is revealed, and the recommendations concerning the qualifications of a medical lawyer are also stated.

Jenny Vaughan: neurologist and medical law campaigner

Jenny Vaughan: neurologist and medical law campaigner

Особенности оказания правовой помощи адвокатом в медицинском праве

The legal aspects in the context of determining the specifics of legal assistance by a lawyer in the sphere of medical law are studied and analysed in the article, the specific of a defender’s participation in medical cases is revealed, and the recommendations concerning the qualifications of a medical lawyer are also stated.

Protecting the Rights of Medical Services Consumers

The article aims to analyze the legal aspects of protecting the rights of medical services consumers by identifying the parties of legal relations, establishing the specifics of medical services, the elements of violations of patients rights, the procedure for protecting the rights of medical services consumers. The system of general scientific and special methods, including dialectical, axiological, formal and legal methods has been applied during the research. It has been indicated that primary (medical services consumers, an entity providing medical services) and auxiliary subjects participate in legal relations for protecting the rights of medical services consumers. It has been proved that legal relations for protecting the rights of medical services consumers are characterized by: relations arising and being implemented in the healthcare sector; participation of entities with a special status (patient – hospital) in legal relations; application of a set of norms of medical law and protection of consumers rights; the fact of medical rights violation. It has been concluded that the legal fact of violating a patient’s medical rights in the form of a medical tort is the reason for the emergence of legal relations for protecting the rights of medical services consumers.

Changing cannabis legislation in Canada and a longitudinal look at “regular” cannabis use in patients with eating disorders

Regular cannabis use (CU), defined as “weekly or more often”, is associated with a number of negative mental health outcomes. In the last decade, Canada legalized first medical and then recreational CU. Despite higher prevalence in mental health populations, little research has documented changes in frequency of CU with progressive legalization of cannabis. This study examined rates of CU in a sample of 843 treatment-seeking patients with eating disorders (ED) in an outpatient setting between 2004 and 2020. Across ED diagnoses, segmented regression indicated a significant break-point in regular CU in 2014, commensurate with the relaxation of medical cannabis laws. Regular CU increased from 4.9 % to 23.7 % from 2014 to 2020; well above the stable 6 % found in the general population. No significant break-point was observed in either alcohol or illicit substance use over the same time period. Significant increases in regular CU were found in patients with anorexia nervosa and binge eating disorder, while regular use remained stable in patients with bulimia nervosa. Comorbid psychiatric diagnoses did not increase odds of regular CU. Findings suggest certain patient groups with mental illness may be at risk of engaging in high frequency use in the context of legislation implying medical benefits of cannabis.

The right to health care in the system of social human rights

In the current academic literature, the right to health is considered in the context of a wide range of disciplines, including medical law, international law and social sciences. An important step in the formation of the legal framework for the right to health was the adoption of the WHO Constitution in 1946, which proclaimed that «the enjoyment of the highest attainable standard of health is a fundamental right of every human being». This declaration became the basis for the further development of international health standards, including the 1966 International Covenant on Economic, Social and Cultural Rights, which in Article 12 recognises the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
 Research and scholarship on the right to health covers various aspects of this issue, including analyses of national health systems, examination of international standards and their impact on national legislation, and development of recommendations to ensure equal access to health services. Despite the significant achievements in the development of international norms and standards, there are challenges related to their implementation at the national level, including the need to adapt national legislative and institutional frameworks to international obligations.
 Ukraine, like many other countries, is striving to meet international standards in the field of the right to health, while facing a number of challenges that require a comprehensive approach to reforming the national healthcare system. Scientific research plays an important role in this process, helping to identify gaps in legislation and practice, as well as to develop sound recommendations for their elimination.
 Given these aspects, this article aims not only to analyse the theoretical foundations of the right to healthcare, but also to highlight the practical steps and challenges that Ukraine faces on the way to its full implementation.

State cannabis laws and cannabis positivity among fatally injured drivers

BackgroundAs of November 8, 2023, 24 states and the District of Columbia have legalized cannabis for both recreational and medical use (RMCL-states), 14 states have legalized cannabis for medical use only (MCL-states) and 12 states have no comprehensive cannabis legislation (NoCL-states). As more states legalize cannabis for recreational use, it is critical to understand the impact of such policies on driving safety.MethodsUsing the 2019 and 2020 Fatality Analysis Reporting System data, we performed multivariable logistic regression modeling to explore the association between state level legalization status and cannabis positivity using toxicological testing data for 14,079 fatally injured drivers. We performed a sensitivity analysis by including multiply imputed toxicological testing data for the 14,876 eligible drivers with missing toxicological testing data.ResultsOverall, 4702 (33.4%) of the 14,079 fatally injured drivers tested positive for cannabis use. The prevalence of cannabis positivity was 30.7% in NoCL-states, 32.8% in MCL-states, and 38.2% in RMCL-states (p < 0.001). Compared to drivers fatally injured in NoCL-states, the adjusted odds ratios of testing positive for cannabis were 1.09 (95% confidence interval: 0.99, 1.19) for those fatally injured in MCL-states and 1.54 (95% confidence interval: 1.34, 1.77) for those fatally injured in RMCL-states. Sensitivity analysis yielded similar results.ConclusionsOver one-third of fatally injured drivers tested positive for cannabis use. Drivers fatally injured in states with laws permitting recreational use of cannabis were significantly more likely to test positive for cannabis use than those in states without such laws. State medical cannabis laws had little impact on the odds of cannabis positivity among fatally injured drivers.

A forensic spectroscopic identification analysis on skin evanescent trauma by chemometrics

In contemporary biomedicine, rapid diagnosis and accurate treatment of trauma is a top priority. The skin, as the organ with the most extensive contact with the outside world, is always inevitably and easily scarred when subjected to varying degrees of violence. However, when evanescent trauma occurs, the judgment of trauma becomes quite difficult, especially for closed trauma. Evanescent trauma mainly refers to the postmortem autolysis and corruption of body tissues, which lead to the failure to identify the traumatic state occurring before death using traditional detection techniques. Rapid and accurate identification of trauma and even trauma in the evanescent state plays an important role in the actual forensic examination. There have been few records on the development of quick and accurate models for the recognition and prediction of evanescent trauma on the skin. In this study, a predictive model for rapid identification of evanescent trauma in skin tissue was constructed by combining forensic spectroscopy and chemometrics analysis. Based on the mean spectra, principal component analysis (PCA) and corresponding loading plots, suggested that certain biomolecules, such as proteins and lipid molecules, might be the source of the difference between the control group and trauma group, and furthermore, there was a certain pattern of change of each molecule in the continuation of postmortem time. Partial least squares discriminant analysis (PLS-DA) was then applied to estimate the identification power of the training dataset and the testing dataset. The AUC values were 89.55 % and 94.67 %. In addition, the AUC values of the fresh-phase trauma recognition model were 100 % and 100 %, respectively, and the AUC values of the evanescent-phase trauma recognition model were respectively 92.52 % and 98.77 %. In summary, the combination of forensic spectroscopy and chemometrics completely applies their advantages of rapidity, accuracy, objectivity, high resolution and discriminative power to the study of evanescent trauma identification. Moreover, in judicial reality, the combination of spectroscopy and stoichiometry is also expected to make a huge difference in medical and criminal law applications.

The Impact of the Medical and Health Liability Law under Jordanian Legislation

This research aims to thoroughly explore the impact and practical application of Jordan's Medical and Health Liability Law No. 25 of 2018, critically analyzing its compatibility with existing criminal and civil laws and its effectiveness in addressing medical error cases. Through an analytical methodology, this study delves into the legal texts concerning medical liability, establishing criteria for liability and fault in medical acts. The findings underscore significant insights into the legislative nuances that govern medical practices within Jordan, offering a nuanced understanding of the law's implications for both medical professionals and patients. By avoiding complex terminology and maintaining a formal register, the research elucidates the intricate balance between legal requirements and medical ethics, providing a comprehensive overview of the legal landscape surrounding medical liability. The study's outcomes aim to contribute valuable perspectives to the ongoing discourse on legal reforms in the medical sector, highlighting the necessity for laws that support both patient safety and medical professionals' rights.

Should obstetric mortality be an inalienable right?

Obstetricians often times find themselves in a conflict of right and duty with their patients, when these patients refuse recommended treatment. On the one hand, the obstetrician, aiming to fulfil the duty of care, recommends a treatment in the best interest of the woman. The woman, on the other hand, exercising her right of self-determination and autonomy, declines the recommended treatment. A search was conducted for literature, articles and case reports on the subject on PubMed/MEDLINE and Google Scholar using the keywords: medical ethics, medical law, obstetric mortality, maternal medicine, foetal medicine, patient autonomy, informed consent, right to life and right to liberty. Opinions have historically differed on whether maternal or foetal rights should be deferred to in situations where pregnant women refuse obstetric interventions. So also have legal decisions on the issue. The general consensus is, however, to respect a woman's refusal of recommended medical treatment, in deference to her right of self-determination and autonomy. The obstetric outcomes in such instances are however, often times, unfavourable. The ethics of patient care in the face of conflicting rights deserves renewed examination and discourse.

Teaching Medical Ethics and Law Using The Quiz-Based Team Learning (QTL) Approach

Teaching Medical Ethics and Law Using The Quiz-Based Team Learning (QTL) Approach

Effect of COVID-19 pandemic on gender based violence: a study on TMSS microcredit members

The present study was aimed at investigating if the COVID-19 outbreak had an impact on gender-based violence (GBV) among TMSS microcredit users. The study was designed to gather data using both quantitative (individual interviews) and qualitative (Focus Group Discussion) method. One hundred and eighty-five married women of Bogura district made up the sample. The sample included 159 microcredit members and 26 non-members. Majority of the participants experienced financial hardships during the COVID-19 epidemic, according to quantitative and qualitative data. Quantitative data showed that a significant portion of microcredit participants (56%) experienced physical, mental, or both types of violence from their husbands during the lockdown. However, the TMSS Microcredit members had greater exposure to GBV than non-members, according to qualitative findings. The same factors—such as income loss, staying at home constantly, and concern about providing for family needs—were highlighted by both microcredit members and non-members as probable causes for the rise in violence during lockdown. But microcredit members mentioned that the lack of microcredit loans and the pressure to make loan payments also resulted in violence against women during lockdown. Quantitative data also indicated that women who experienced violence from their husbands had trouble accessing medical care and law enforcement support. The present study recommended that during emergency situation the microcredit providers should take different policies to help people cope with their financial crisis and government and non-government organizations should take safeguards to prevent gender based violence. Dhaka Univ. J. Biol. Sci. 33(1): 57-65, 2024 (January)

Medical marijuana laws and mental health in the United States.

The consequences of legal access to medical marijuana for individuals' well-being are controversially assessed. We contribute to the discussion by evaluating the impact of the introduction of medical marijuana laws across US states on self-reported mental health considering different motives for cannabis consumption. Our analysis is based on BRFSS survey data from close to eight million respondents between 1993 and 2018 that we combine with information from the NSDUH to estimate individual consumption propensities. We find that eased access to marijuana through medical marijuana laws reduce the reported number of days with poor mental health for individuals with a high propensity to consume marijuana for medical purposes and for those individuals who likely suffer from frequent pain.

Consequences of medical negligence and litigations on health care providers - A narrative review.

Medical professionals face high stress due to the type of work they do and the prolonged working hours. Frequent burnout results due to the challenging nature of their work. Added to the stress of work, malpractice lawsuits add to their burden. In India, most doctors work in compromised settings with poor infrastructure and manpower but are expected to follow the best practices. In court, they are judged with the Bolam and Bolitho tests being essential considerations. Several tragic incidents have been reported, including depression, anger issues, and even suicide deaths of healthcare professionals (HCPs) after accusations of negligence and subsequent inquiry. Such incidents demonstrate the multitude of challenges an HCP faces in day-to-day practice. It is crucial to find ways to tackle these problems and enhance the capacity of HCP to handle such demanding circumstances. Malpractice litigation can significantly impact the mental health of HCPs. It is common to experience emotional turmoil when faced with a lawsuit. Second victim syndrome (SVS) is a term used to describe a set of symptoms experienced by HCPs who make an error leading to injury to a patient. However, it also happens if he is traumatized by the consequences of violence during healthcare services or a lawsuit or defamation article in newspaper/social media. Following a litigation crisis in their career, many HCPs go through various stages of grief, including shock, denial, anger, bargaining, depression, and acceptance. At times, death by suicide of the HCPs is well known. SVS is known to profoundly affect the personal, family, economic, professional (defensive practice), and social life of HCPs. HCPs should accept the allegations of negligence as an occupational hazard and prepare for the eventual litigation at least once in a lifetime by knowing about the medical laws, HCP's rights, becoming aware of the emotional turmoil of the lawsuit, preparing to cope with the lawsuit, and seeking help from colleagues and indemnity insurance. Frequent training of the HCPs is strongly recommended to know about the changing laws and also to undergo periodic professional competence enhancement to reduce the incidents of errors amounting to medical negligence. Medical and hospital administration should debrief after any incident and conduct internal investigations to identify systemic flaws and prevent future recurrence, resolve issues within their control at their level, and manage media (mainstream and social media) appropriately. If established, a reporting system with online and offline services will ease the internal administrative investigation process and take appropriate, timely actions. During the crisis, HCPs should have adequate and appropriate insurance or indemnity coverage and mental health support systems.

Obligation, Informed Consent, and Health-Care Reforms in China

Abstract Drawing on recent jurisprudential literature that emphasizes the role and function performed by obligation, this article examines how the ethical doctrine of informed consent has been implemented in the context of health-care reforms in China. It argues that, while the Chinese incorporation of informed consent has sought to empower patients, the major medical laws and social policies fail to instantiate the obligations. Along with this failure, the Chinese medical laws have also failed to secure the bond of trust between them. This article also points out that a rounded analysis of the implementation of informed consent in China must take into account the obligation and function of the major components of the health-care delivery system other than physicians and hospitals, such as health-care insurance schemes.

Multidisciplinary Collaboration Within Air Medical Transport: It Takes a Team.

The success of each air medical transport mission is dependent on the coordinated efforts of communications specialists, aviation personnel, medical crew members, referring hospitals, local emergency medical services, and fire and law enforcement personnel. Expedited, efficient, and safe patient transport is made possible through the collaboration of all the aforementioned disciplines. In this specialized, unpredictable, and high-pressure environment, each entity plays its own crucial role in rapidly delivering critical care directly to the patient in need.

Legal Framework of Medical Negligence in perspective of Human Rights in India: A Critical Appraisal

In today’s context, medical negligence has emerged as a significant concern in India, despite the esteemed status of the medical profession in the country. In India, medical negligence is regarded as both a criminal offense according to the Criminal Procedure Code and a civil liability under Tort Law. The right to health is acknowledged as a fundamental human right. Awareness among the public regarding medical negligence in India is increasing, leading to a better understanding of medical rights. Medical negligence typically results from actions or oversights by healthcare practitioners, often stemming from their limited knowledge or the inadequate availability of medical facilities in hospitals. Consequently, it is imperative for professionals to stay updated on the principles of medical negligence and consumer protection laws, including any relevant amendments, to ensure legal compliance. This paper seeks to explore the concept of medical negligence in depth.