Private Liability in Medical Practice: The Balance between the Public and Private Interests |
Author : Dubytska, Nataliya |
Abstract | Full Text |
Abstract :Nowadays, the main aim of protecting human health is fighting against Covid-19 death. Special attention shall be paid to legal problems and development of the social institutions concerning liability in private law. The paper analyses the legal changes and attempts to meet a critical need in Ukrainian law education and legal practice. This publication combines factual information with a variety of thought provoking points |
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Legal Aspects of Activity Regulation of Pathoanatomical Service in Ukraine |
Author : L.G., Rosha; O.S., Sainchyn |
Abstract | Full Text |
Abstract :The study revealed that today there are only bills on the structure and activities of the PAS of Ukraine and the procedure for its operation, and the PAS itself operates under regulations of a general regulatory nature and "legal customs". The diversity of existing regulations requires their mutual coordination and consolidation in order to further improve and regulate legislation. |
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Stock Take Re COVID in New South Wales (NSW), the Most Populous State in Australia, One Year On |
Author : Beran, Roy G. |
Abstract | Full Text |
Abstract :The first case of Covid 19, in the Australian state of New South Wales (NSW), was reported on 25th January 2020. It was deemed appropriate to undertake a stock take review of Covid in NSW at the time of its first year anniversary. he profile of the first 200 cases has been reviewed and demonstrated that almost half the cases occurring in under 40 yr old and 2/3 of cases over 60yr old. This is at odds with the perception that Covid infection affects mainly geriatrics, namely 70+ yr old but that accounts for only 1/3 of the first 200 NSW cases. |
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Shortage of Drug Inspectors Facilitate Narcotic Drug Abuse |
Author : Bahlol, Mohamed |
Abstract | Full Text |
Abstract :The study provides an assessment of dispensing practices, from a legal perspective, in Egyptian private community pharmacies that contribute to narcotic drug abuse. Methods. A mixed research methods approach was used, in three consecutive phases (exploratory, descriptive, and explanatory phase), between January and July, 2018. Key findings. Only 5.3% of surveyed private community pharmacies were registered for a narcotics license, due to legal and security constraints, with very limited profit (62.7%). 5.9% of distributors were able to evade inspection. |
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Stem Cells: International Acts and Novelties in Russian Legislation |
Author : Olegovna, Bazina Olga; Vladimirovna, Pavlova Yulia |
Abstract | Full Text |
Abstract :This article covers the novelties of Russian legislation on the formation of the legal status of "hematopoietic stem cells". An overview of foreign legislation, regulating the status of stem cells in some states, is provided, the prime purpose being a clear understanding of the fact that timely legislative regulation of the status of stem cells and use thereof, for therapeutic purposes, will contribute to the development of biomedical technologies. The current regulatory framework of Russian legislation is analyzed. |
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Rise of Robotics and Artificial Intelligence in Healthcare: New Challenges for the Doctrine of Informed Consent |
Author : Dantas, Eduardo; Nogaroli, Rafaella |
Abstract | Full Text |
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. |
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Conscience Clause in the Polish Legal System on the Example of the Legal Act Governing the Medical Profession |
Author : Turtukowski, Jaraslaw |
Abstract | Full Text |
Abstract :The paper introduces the issue of conscience clause, primarily in the context of Polish practice and legislation. Undoubtedly, the consciences clause institution is used in many countries, including member states of the European Union. However, national legislation displays considerable differences in the formation of this institution. |
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Constitutional Weakness of Ukraine Health Care Reform |
Author : Kovalenko, Roman; Kytaika, Olha |
Abstract | Full Text |
Abstract :The constitutional bases for Ukraine health policy partly explain the country poor health outcomes. The constitution, and particular article 49 contain self contradictory provisions that run right through the rest of Ukraine health laws. |
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Chance to Survive: The Human Right to Life and health in the COVID-19 Pandemic |
Author : Ostrovska, Bohdana |
Abstract | Full Text |
Abstract :The outbreak of the COVID-19 pandemic has actualized many bioethical issues related to medicine and human rights. In particular, they concern the rights and responsibilities not only of a doctor and a patient but of a state and a citizen, which is reflected in the need to study the decisions of state bodies on the validity of
restrictions on human rights in time of emergency or the state of emergency and their compliance with international law. In general, the spread of SARS-CoV-2 has been a challenge for each state to respect human rights in a pandemic, especially the right to life and health of citizens under their jurisdiction, as the obligation to protect them is a positive obligation of each state. |
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Physicians Rights in Parental Refusal as Surrogate Consent to Pediatric Patient |
Author : Budhiartie, Arrie |
Abstract | Full Text |
Abstract :Children are special legal subjects who need help from others to protect and defend their rights, including in the field of health care. Referring to the health legal system in Indonesia, a child who is under 18 years of age does not have the legal competence to give informed consent or informed refusal for the medical treatment that will be given to him or her. The authority to express the consent is transferred to the parents or family, the consent of which is called surrogate |
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Personal Data Protection in Terms of Covid-19: Experience of Ukraine |
Author : Senyuta, Iryna; Harasymiv, Oksana; Buletsa, Sibilla; Tereshko, Kyrystyna |
Abstract | Full Text |
Abstract :In terms of the novel coronavirus disease, the issues of human rights, namely those of healthcare provider in the patient, are of great interest in different states. Considering the existence of the legislative controversies and loopholes in the said area in Ukraine, the objective of the article aims to outline the procedure of personal data processing the in the conditions of COVID-19, according to the legislation of Ukraine, to identify problematic issues and search for ways to solve them, to analyze the experience of foreign countries to clarify best state practice and to cover the right to privacy about the state of health, ascertaining whether there are any changes regarding the performance of the professional duty to maintain medical secrecy in conditions of the pandemic |
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Why do we Need Ethics More than Ever Before during the COVID-19 Pandemic? |
Author : Ekmekci, P. Elif; Buruk, Banu |
Abstract | Full Text |
Abstract :he coronavirus suddenly entered our lives by re-introducing us to quarantine and by changing our lifestyle. The war against coronavirus is tough and physicians are trying to cope with a lot of limitations under such pandemic conditions. It is clear that a large part of the work is the responsibility of physicians. This study focuses on ethics issues about physician-patient relationships in the frame of the public health measures, during the current Covid-19 pandemic and discusses how to address them so that main research ethics principles are preserved. |
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Criminal Liability for Violation of Quarantine Regulations in the Context of the Spread of COVID-19 |
Author : Omelchuk, Oleh M.; Plysiuk, Nataliia; Omelchuk, Lesia V.; Danilova, Anna V. Moroz, Viacheslav A. |
Abstract | Full Text |
Abstract :Coronavirus (COVID-19) is the latest dangerous infectious disease in the world, which appeared in late 2019. The purpose of this study is a systematic legal analysis of criminal liability for violation of quarantine regulations in Ukraine. Attention is focused on Article 325 of the Criminal Code of Ukraine, which makes provision for liability for violation of sanitary rules and regulations for the prevention of infectious diseases and mass poisoning. For this study, the main method used is the normative analysis of the law (doctrinal analysis). |
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Research and Randomized Clinical Trials during the COVID-19 Pandemic: Could Ethics Guide Us? |
Author : Buruk, Banu; Ekmekci, Perihan Elif; Arad, Berna |
Abstract | Full Text |
Abstract :The COVID-19 disease, was 2020s biggest medical global concern, while people on earth were experiencing another global concern, climate change. Its fast dissemination has generated the need for randomized clinical trials that adhere to the principles of ethics and are overseen by institutional review boards. Since SARS CoV-2 is a new virus, a monitored emergency use of unregistered and experimental interventions is inevitably being considered. This study focused on ethical issues of putative COVID-19 therapies during the pandemic and dis-cussed how to address them, to preserve research integrity and the main principles of research ethics. |
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My Body is Mine Until I Die: The Relationship between Self Ownership and England Opt Out System for Deceased Adult Organ Donations |
Author : Editha, Aileen |
Abstract | Full Text |
Abstract :This article aims to explore England new opt out framework for deceased adult organ donations in the broader medical law landscape. An opt out system, also known as a deemed consent framework, means that, unless individuals have opted out, their organs will be donated after their deaths. This seems prima facie incompatible with medical laws broader consent based framework, which places emphasis on one self ownership. By conducting an analysis of the opt out framework, this article argues that England opt out system far from being incompatible with is a further reflection of English medical law recognition of self ownership. |
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Loss of Chance to Recover or Survive in a European Perspective, the Question of Causation and Compensable Damage |
Author : Fras, Mariusz |
Abstract | Full Text |
Abstract :Loss of a chance to recover or survive usually covers three typical situations: culpable delay in diagnosis and administration of proper treatment, other culpable medical error or omission to inform the patient about the risks of a medical intervention. Location of the loss of chance within the regime of compensatory liability is highly
debatable. There are two basic reasons for such state of affairs. First it is a consequence of the fact that certain legal systems approve of the conception (France, Italy, Belgium, Spain, Holland), while others, to a lesser or (Denmark, Portugal) or greater extent (Germany, Austria, Greece, Czech Republic, Slovenia, Switzerland, Estonia, Lithuania), negate its admissibility. |
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Legal Bases for Latest Technologies Application in Medicine |
Author : Buletsa, Sibilla; Csak, Csilla; Barzo, Timea; Stoika, Alina |
Abstract | Full Text |
Abstract :This paper examines the main trends in the use of digital technologies in medicine and their legal regulation. The formation of artificial intelligence and its application in medicine are also analyzed. The use of artificial intelligence in diagnostics and personalized medicine, as well as the advantages of its use in medicine in general, have been substantiated. In addition, the basics of bioprinting have been investigated, as well as the main research carried out using this technology. The authors conclude that the development and adoption of artificial intelligence techniques have strengthened many areas related to medicine and healthcare, and one should take advantage of their benefits, carefully focusing on the balance with the associated risks and expected social impact and the result that artificial intelligence will bring. |
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World Congress on Medical Law, 2022 |
Author : Beran, Roy G. |
Abstract | Full Text |
Abstract :Editorial on the World Congress in Medical Law |
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End-of-Live Care in Malaysia: The Need for a Regulator Reform |
Author : Alias, Fadhilina; Kassim, Puteri Nemie |
Abstract | Full Text |
Abstract :End-life care is an aspect of health care in Malaysia that is progressing in terms of delivery of services. It does not appear to be supported by a comprehensive regulatory framework, which includes proper ethical guidelines to facilitate doctors in making and implementing end-of-life decisions and legal safeguards in relation thereto. In other common law countries, where end-of-life care has achieved advanced status, these components are integrated in their health care policies, legislation and ethical codes. This paper proposes recommendations towards a more inclusive scheme that would facilitate and guide doctors in the end-of-life decision-making process on one end, while providing the requisite legal protection and assurance for doctors in the discharge of such duties, on the other. |
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Exclusion of the Possibility of Exercising the Patients Right of Refusal to Give Consent to a Health Service in the Form of Mandatory Vaccination from the Standpoint of Correct Application of the Principle of Proportionality |
Author : Czechowicz, Sebastian |
Abstract | Full Text |
Abstract :The rights to freedom and self-determination are extremely important to individuals. In a democratic law-abiding state, their importance cannot be overlooked. One should keep in mind that the state should protect, first and foremost, general social values, such as life and health of the population. The situation is similar with regard to patients. Every patient has the right to give, or refuse to give, consent to a healthcare service. The exercise of these rights is not absolute. A problem arises when there is a clash with mandatory services or compulsory treatments. |
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How Patient Age Affects Triage in the COVID-19 Pandemic |
Author : Montanari-Vergall, Gianluc |
Abstract | Full Text |
Abstract :The Author draws upon a set of guidelines issued by the Italian Society of Anaesthesia, Analgesia, Reanimation and Intensive Care (ISAARIC) and discusses the role played by patient age, at the triage stage, as the Covid-19 pandemic relentlessly unfolds. The limiting standard for admitting patients to intensive care units that best serves in terms of transparency and equality is the "first come, first served" approach; yet, in times of pandemic, patient age carries substantial weight in that selection process. In order to avoid wasting available resources and to treat as many patients as possible, therapies are discontinued for patients who do not seem to positively respond to them (as it frequently happens with elderly patients) and given to those with better chances of survival. Age is even more relevant in relation to the prognosis-based standard. Preexisting conditions, commonly associated with old age, could preclude access to intensive care. In order to avoid age-based discrimination, a) age should constitute but one standard through which the patient chances of survival are determined; b) residual life expectancy should be disregarded; c)
patients should never be cut off from receiving intensive care based on their age alone. Considering the primacy of the right to life over any other, it could be deemed ethically admissible to exclude patients, from receiving intensive care, only after the government institutions have taken any possible organizational measure, aimed at broadening health care access, while avoiding wasteful spending in the public provision of services. |
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Mitigating the COVID-19 Pandemic: A Portrait of the Experience from the Lusophone World |
Author : Pereira, Andre Dias; et al. |
Abstract | Full Text |
Abstract :This article aims to provide a reflection on the World Health Organization sponsored Project: "Responsibility for Public Health in the Lusophone World: Doing Justice In and Beyond the Covid Emergency". This initiative was designed to gather experiences and data regarding the preparedness and response to the SARS-CoV-2 Pandemic in Angola, Brazil, Mozambique, Portugal and the Macao Special Administrative Region. Launched in November 2020, it combines the in-depth analysis of the most recent legislation and bibliography on the matter with data obtained through a Questionnaire, addressed to a significant number of participants (from healthcare workers to academics and non-government organisations (NGOs), of which there were 41 respondents), which aims to gather different experiences and analyse ethical difficulties, identified in the response to the Pandemic. |
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Legal Aspects of Mass Vaccination during the COVID-19 Pandemic on the Example of Ukraine |
Author : Omelchuk, Oleh M.; et al. |
Abstract | Full Text |
Abstract :This article considers the issue of mass vaccination during the COVID-19 pandemic, which is one of the main issues of medical law in terms of the concept of natural law. This topic is acquiring special relevance. The purpose of the article is to study respect for human rights in the mass vaccination against COVID-19, in terms of the balance between the patient right to make medical decisions and the interests of society. For the purposes of this work, which is closely related to the observance of human rights, a method such as the human rights-based approach (HRBA) has been used. Based on the PANEL principles, along with an active campaign to support vaccination, the state needs to develop an effective mechanism to influence those who do not want to be vaccinated, using existing mechanisms. There are three such mechanisms: the establishment of a penalty for refusing vaccination; the introduction of certain restrictions for unvaccinated citizens; the establishment of certain benefits for medical care for people who have been vaccinated in time. |
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Cyberbullying as a Way of Causing Suicide in the Digital Age |
Author : Serebrennikova, Anna V.; et al. |
Abstract | Full Text |
Abstract :The fundamental basis of legal systems, based on common law, is that people have free will and are accountable for their actions. In the era of digital Transformation, special attention must be paid to the relationship of the criminal with the victim, carefully studying the social networks of both, taking into account the fact that a typical participant, in Internet communication leading to suicide, is emotionally unstable, subordinate, insecure, secretive, unassertive teenager and this category is represented to a greater extent by a female audience. This article aims to give an overview of factors contributing to death by suicide, with a focus on the potential role of digital technologies, particularly cyberbullying in contributing to suicidal behaviour and the ability to investigate and bring possible criminal liability for such a driver of suicide. The methodological basis of the research, covered in this study, comprises the provisions of the theory of knowledge and conceptual provisions of forensic science. |
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Bullying: The Analysis of the Problem in the Context of Human Rights Violations |
Author : Zhabelova, Tolkyn; et al. |
Abstract | Full Text |
Abstract :One in three children around the world is subject to some form of bullying. That is why it is necessary to consider bullying as a serious violation of human rights, as well as to involve the world community in solving problems of counteraction and prevention of this phenomenon. The study used the comparison method and other general scientific and special methods of cognition. The evolution of research on bullying was analysed using the historical-logical method. The study used a number of other general scientific and special methods of cognition. It provides a conceptual definition of school and university bullying that occurs between students. The main focus is on researching the issue from the point of view of human rights violations. Proposals for the prevention of bullying have been made. |
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Rise of Violence against Women in Republic of Kazakhstan |
Author : Kabylgazina, Klara |
Abstract | Full Text |
Abstract :The scientific article is devoted to the problem of violence against women in Kazakhstan. The article reveals the relevance of the chosen topic, explains the reasons why the level of violent actions against women in the Republic of Kazakhstan continues to remain at a high level. On the example of specific situations, from the life of ordinary people, the complexity and versatility of the selected research topic is shown. A critical analysis of the provisions of the scriptures, as sources of modern rules of conduct that contribute to the development of the thinking of raising a man over a woman, is carried out. The article analyzes the normative legal Acts, of the Republic of Kazakhstan, concerning the research topic and their impact on the rights of women in the country. Ways of solving this problem are presented. |
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Newborn Children Murder by Mothers: Criminal and Forensic Issues |
Author : Baigundinov, Yeldos N.; Kumisbekov, Serikkazy K.; Rystemova, Gayhar R. |
Abstract | Full Text |
Abstract :The purpose of this study is to introduce relevant proposals based on scientific developments of representatives of the legal doctrine of the Republic of Kazakhstan and foreign researchers. A comparative analysis of statistics and practices has demonstrated that neonaticides committed by mothers constitute a high latency crime. The study reached the conclusion that the term "state of mental disorder" is not clearly defined in the criminal legislation of Kazakhstan. This necessitates the incorporation of foreign legal and psychiatric scientific discoveries in the psychological study of mothers committing neonaticide. It is essential that courts and politicians focus on issues of justice, gender issues in delivery of judgement, and the contingency of serial or repeated neonaticide among mothers. |
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Equitable Healthcare Systems |
Author : Fong, Ben Y.F. |
Abstract | Full Text |
Abstract :Equity in healthcare is, though an ideal, desirable in any fair society to ensure all residents universal access to high quality care without socioeconomic or other barriers. Although this is not happening in some healthcare systems, efforts are being made by governments and the World Health Organisation to improve service provision through equity. Strategies to build equitable healthcare systems are presented. It appears that there is potential for academic and community health centres in a primary care oriented healthcare systems to play a key role in the pursuit of health equity globally. |
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Koreas First Legislation on Decision on Life-Sustaining Treatment |
Author : Kim, Claire Junga; Kim, Joohyun |
Abstract | Full Text |
Abstract :This study analyzes Koreas first legislation on forgoing life-sustaining treatment from three perspectives: what the Act allowed in forgoing life-sustaining treatment; how the Act prohibited provisions restricts forgoing life-sustaining treatment; and what impact the Act had on patient right to self-determination and clinical practice. The Act acknowledges a patient right to refuse life-sustaining treatment on the ground of right to self-determination. The Act also places
limitation on forgoing life-sustaining treatment by specifying medical treatments that cannot be forgone, by stipulating penalty provisions for doctors and banning durable power of attorney for healthcare. Contrary to its purpose, the Act infringes a patient right to self-determination and restricts professional discretion. |
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Perfect is the Enemy of Good: Digital Contact Tracing as a Tool to Handle Pandemics |
Author : Raposo, Vera Lucia |
Abstract | Full Text |
Abstract :Contact tracing has been commonly used to break the chain of infection during a pandemic and in the absence of pharmaceutical measures it becomes the most effective measure to reach that goal. Still, digital contract tracing as a tool to handle the COVID-19 pandemic was received in many jurisdictions with criticism involving its lack of effectiveness, privacy breaches, and the violation of other fundamental rights and liberties. This paper will address those objections and demonstrate that most of them are ungrounded or highly exacerbated. The paper will also highlight the benefits of digital contact tracing. |
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Ethical Issues in Pre-Hospital Emergency Medicine |
Author : Waitzman, Rotem |
Abstract | Full Text |
Abstract :There are many ethical issues in pre-hospital emergency medicine. The issues stem from, among others, unknown patients, emergencies, unfamiliar places and treatment in a non-medical environment. There are many conflicts that occur in a pre-hospital environment that require ethical decisions. An overview of some of the decisions, in the pre-hospital environment, will be presented in this article. The ethical aspects of pre-hospital emergency medicine can be divided into four topics: before medical intervention; during medical treatment; end of life; and problems in an ambulance. There is no clear and quick formula for making ethical decisions in the field. It is important to be aware of the ethical conflicts that exist, in pre-hospital emergency medicine, and to follow the ethical principles, to act in a way that will provide the best medical care to the patient. |
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