ABSTRACT
This paper explores the balance between common good and individual liberty in the context of public health regulation. The issues are explored in reference to two areas of regulation, isolation and quarantine in the case of SARS, and the rights of parents to refuse mandatory childhood immunizations. In the case of SARS, the analysis explores the age old practice of isolation and quarantine, an important preventive measure with clear civil liberty implications. In reference to childhood immunization the paper considers the American controversy involving the refusal of parents to have their children vaccinated, fearing that mercury in vaccines will lead to autism. The analysis explores the US Supreme Court case of Jacobson v. Massachusetts which 100 years ago established a four part test for evaluating claims of individuals that government public health authorities were infringing on their liberty interests. The paper endorses the four elements of necessity, reasonableness, proportionality, and harm avoidance identified in Jacobson, but calls for a more rigorous scientific evaluation to accompany this traditional test.
Subject(s)
Patient Isolation/legislation & jurisprudence , Public Health Administration/legislation & jurisprudence , Treatment Refusal/legislation & jurisprudence , Humans , Immunization/legislation & jurisprudence , Parents , Severe Acute Respiratory Syndrome/transmissionSubject(s)
Delivery of Health Care/trends , Internet/legislation & jurisprudence , Physician-Patient Relations , Telemedicine/legislation & jurisprudence , Drug Prescriptions , Humans , Information Services/legislation & jurisprudence , Physicians , Practice Patterns, Physicians'/trends , Public PolicyABSTRACT
Recognition and articulation of patient rights are core issues in the medical jurisprudence of most nations. While the nature of rights in medical care may vary from country to country, reflecting the idiosyncrasies of domestic law and health delivery, there are commonalities in this area of law that cut across borders. This paper presents five case studies in the patient rights area from Malaysia, Ireland, South Africa, Indonesia and the United States, respectively. The case discussions range from ongoing and fundamental concerns over broad patient rights issues, such as access to health care and informed consent, to rights concerns of those suffering from HIV/AIDS, to a novel consideration over ethical and legal issues concerning ownership of infant organs. It is the hope of the authors that individually, and collectively, the cases will provide helpful insights into this core area of medical law.