Your browser doesn't support javascript.
loading
Mostrar: 20 | 50 | 100
Resultados 1 - 20 de 29
Filtrar
1.
World J Clin Cases ; 11(19): 4477-4497, 2023 Jul 06.
Artigo em Inglês | MEDLINE | ID: mdl-37469746

RESUMO

Interest and uptake of science and medicine peer-reviewed literature by readers outside of a paper's topical subject, field or even discipline is ever-expanding. While the application of knowledge from one field or discipline to others can stimulate innovative solutions to problems facing modern society, it is also fraught with danger for misuse. In the practice of law in the United States, academic papers are submitted to the courts as evidence in personal injury litigation from both the plaintiff (complainant) and defendant. Such transcendence of an academic publication over disciplinary boundaries is immediately met with the challenge of application by a group that inherently lacks in-depth knowledge on the scientific method, the practice of evidence-based medicine, or the publication process as a structured and internationally synthesized process involving peer review and guided by ethical standards and norms. A modern-day example of this is the ongoing conflict between the sensitivity of diffusion tensor imaging (DTI) and the legal standards for admissibility of evidence in litigation cases of mild traumatic brain injury (mTBI). In this review, we amalgamate the peer-reviewed research on DTI in mTBI with the court's rationale underlying decisions to admit or exclude evidence of DTI abnormalities to support claims of brain injury. We found that the papers which are critical of the use of DTI in the courtroom reflect a primary misunderstanding about how diagnostic biomarkers differ legally from relevant and admissible evidence. The clinical use of DTI to identify white matter abnormalities in the brain at the chronic stage is a valid methodology both clinically as well as forensically, contributes data that may or may not corroborate the existence of white matter damage, and should be admitted into evidence in personal injury trials if supported by a clinician. We also delve into an aspect of science publication and peer review that can be manipulated by scientists and clinicians to publish an opinion piece and misrepresent it as an unbiased, evidence-based, systematic research article in court cases, the decisions of which establish precedence for future cases and have implications on future legislation that will impact the lives of every citizen and erode the integrity of science and medicine practitioners.

2.
Rev. esp. med. legal ; 48(4): 151-157, Octubre - Diciembre 2022. graf, tab
Artigo em Espanhol | IBECS | ID: ibc-213683

RESUMO

Objetivos: el objetivo principal de este estudio es analizar los conocimientos que poseen los odontólogos y los estomatólogos colegiados en Alicante, Castellón y Valencia, las 3 provincias que conforman la Comunidad Valenciana, acerca de odontología legal y sobre la legislación y normativa sanitaria actual, e intentar cuantificar la relación entre el nivel de formación, la especialidad, la experiencia laboral, el lugar y la figura en el trabajo con el grado de conocimiento.Material y métodosse diseñó y validó una encuesta anónima, de 33 preguntas tipo test. Esta encuesta incluía cuestiones sobre el perfil profesional y preguntas clave acerca del derecho dental actual, ciencias forenses y peritación.Resultadosel nivel de conocimiento es moderado, con solo el 63% de las preguntas respondidas correctamente. Ni el nivel de formación ni la experiencia laboral se correlacionan significativamente con el grado de conocimiento. Los dentistas especializados en odontología general y estética resultaron ser más conocedores de cuestiones éticas. Con respecto al lugar de trabajo, los docentes universitarios tienden a diferenciarse del resto de profesionales en cuanto a los conocimientos legales y éticos, mientras que el perfil de autónomo y empleado muestra un nivel de conocimientos inferior que el resto de la muestra.Conclusioneslas conclusiones obtenidas de este estudio ponen de relieve la necesidad que tienen los dentistas de completar y actualizar sus conocimientos en materia legislativa sanitaria actual y en odontología legal, pues un buen conocimiento significa una garantía para evitar posibles problemas legales, lo que no solo supone una mejor defensa del odontólogo, sino una garantía para la adecuada atención al paciente. (AU)


Objectives: The main objective of this study is to analyze the knowledge of the dentists and stomatologists registered in Alicante, Castellón and Valencia, the three provinces that make up the Valencian Community, in Spain, with regard to legal dentistry and the current health legislation and regulations, and to quantify the relationship between level of training, specialization, work experience, position and workplace with the degree of knowledge.Material and methodsAn anonymous survey was designed and validated, consisting of thirty-three multiple-choice questions. The survey included questions regarding their professional profile and key questions regarding current dental law, forensic science and expertise.ResultsThe level of knowledge is moderate, with only 63% of the questions answered correctly. Neither their level of training nor work experience correlates significantly with their degree of knowledge. Dentists specialized in General and Aesthetics Dentistry were found to be more knowledgeable about ethical issues. Regarding the workplace, those working as university teachers tended to stand out from the other professionals in terms of legal and ethical knowledge whilst self-employed and employee dentists show a lower level of knowledge than the rest of the sample.ConclusionsThe conclusions obtained from this study highlight the need for dentists to complete and update their knowledge of legal dentistry and current health legislation, as having proper knowledge is a means of avoiding possible legal problems, which not only means better legal protection for the dentist but is also a means of guaranteeing adequate patient care. (AU)


Assuntos
Humanos , Legislação Odontológica , Medicina Bucal/ética , Medicina Bucal/legislação & jurisprudência , Inquéritos e Questionários , Espanha , Jurisprudência
3.
Ann Palliat Med ; 11(10): 3135-3146, 2022 Oct.
Artigo em Inglês | MEDLINE | ID: mdl-36096740

RESUMO

BACKGROUND: Since Korea implemented the Well-Dying Law in 2018, intensive, and end-of-life care have greatly changed. This study sought to determine whether there were any changes in the clinical aspects or appropriateness of intensive care unit admissions before and after the law was implemented. METHODS: We performed a single-center retrospective study for 3 months with patients admitted to a medical intensive care unit before and after the law was implemented. We studied a total of 178 patients, divided pre-legislative group (83 patients) and a post-legislative group (95 patients). RESULTS: There were no significant differences in baseline characteristics, including age, sex, educational level, religion, economic status, and the Eastern Cooperative Oncology Group performance scale at the time of admission to the intensive care unit. There were no changes in the proportion of patients with terminal comorbidities, including malignancy and chronic lung diseases, with the exception of a decrease in patients with liver cirrhosis (12.1% in pre vs. 3.2% in post-legislative group, P=0.040). There were no differences in the APACHE II score at the time of admission, or in prognosis, including in-unit mortality (33.7 vs. 33.6%, P=0.53), in-hospital mortality (38.6% vs. 42.1%, P=0.73), and length of stay in the intensive care unit (IQR, 4.0-11.0 vs. 3.0-11.0 days, P=0.493). Last, no differences were observed in the appropriateness of admission, which was assessed by two separate intensivists, before and after implementing the law (P=0.646, and P=0.315, respectively). CONCLUSIONS: After the Well-Dying Law was implemented, there was a significant decrease in the number of liver cirrhosis patients admitted to the intensive care unit. No changes in other clinical characteristics, prognosis, and the appropriateness of admission were evident with the implementation of the law.


Assuntos
Unidades de Terapia Intensiva , Cirrose Hepática , Humanos , APACHE , Estudos Retrospectivos , República da Coreia/epidemiologia , Tempo de Internação
5.
Medicina (Kaunas) ; 57(6)2021 Jun 03.
Artigo em Inglês | MEDLINE | ID: mdl-34205015

RESUMO

(1) Introduction: Medical malpractice claims against both health institutions and physicians are a crucial topic in Italy, as well as in other countries, particularly regarding civil proceedings. Our study reports an analysis of all of the malpractice judgments concerning plastic surgery decided in the Civil Court of Rome between 2012 and 2016. (2) Methods: the database of the Observatory Project on Medical Responsibility (ORMe) was analyzed, which collects all of the judgments of the Civil Court of Rome, that is, the first instance district court. Therefore, neither the jurisprudence of the second level court nor that of the Supreme Court was taken into account. (3) Results: 144 judgments concerning plastic surgery were delivered in the five-year period of 2012-2016 (corresponding to 10.6% of total professional liability verdicts of the Civil Court of Rome in the same period). In 101/144 cases (70.14%), the claim was accepted. A total of €4,727,579.00 was paid in compensation for plastic surgery malpractice claims, with a range from a minimum amount of €1555.96 to a maximum amount of €1,425,155.00 and an average compensation of €46,807.71 per claim that was significantly lower compared to other surgical disciplines. (4) Conclusions: Our data confirm that the analyzed branch has a high litigation rate, with a prevalence of convictions for cosmetic procedures over reconstructive ones, both for malpractice and for violation of the informed consent. Plastic surgery is also confirmed among those branches in which the professionals are more frequently sued compared to health institutions.


Assuntos
Imperícia , Cirurgia Plástica , Humanos , Itália , Responsabilidade Legal , Cidade de Roma
6.
Emergencias (Sant Vicenç dels Horts) ; 33(2): 128-134, abr. 2021. tab
Artigo em Espanhol | IBECS | ID: ibc-215295

RESUMO

En el complejo contexto de la atención a la muerte y al duelo, muchos médicos de urgencias deben realizar el certificado médico de defunción (CMD), el último acto médico con el paciente. El médico debe cumplimentar el CMD en aquellos casos que se descarte la muerte judicial. En las urgencias y emergencias médicas es habitual encontrar conflictos y dudas relacionadas con el CMD. Este artículo analiza los principales aspectos éticos y legales relacionados con el CMD en urgencias. Los principios éticos que hay que tener en cuenta ante un conflicto con el CDM son: lealtad con el enfermo, veracidad, no dañar y uso racional de los recursos. Para mejorar la gestión de la atención a la muerte en urgencias, se debe mejorar la formación de los profesionales sobre el CMD con el fin de que conozcan cuándo certificar, cómo hacerlo y sus requisitos legales. (AU)


The last medical act many emergency physicians must do in the context of caring for a dying patient and mourning relatives is to issue a medical death certificate (MDC). The physician is charged with filling in the MDC in cases that do not involve judicial certification. Ethical conflicts and doubts about the cause of death are common when MDCs are issued in emergencies. This paper analyzes the main ethical and legal issues related to MDCs in this setting. The ethical precepts to bear in mind when a conflict or doubt arises are loyalty to the patient, truthfulness, doing no harm, and using public resources wisely. Physician management of processes surrounding death in the emergency department can be improved by providing staff with better training so that they understand how and when to issue a MDC and what legal requirements are involved. (AU)


Assuntos
Humanos , Masculino , Feminino , Idoso de 80 Anos ou mais , Atestado de Óbito/legislação & jurisprudência , Códigos de Ética , Médicos , Serviço Hospitalar de Emergência
7.
Emergencias ; 33(2): 128-134, 2021.
Artigo em Inglês, Espanhol | MEDLINE | ID: mdl-33750054

RESUMO

The last medical act many emergency physicians must do in the context of caring for a dying patient and mourning relatives is to issue a medical death certificate (MDC). The physician is charged with filling in the MDC in cases that do not involve judicial certification. Ethical conflicts and doubts about the cause of death are common when MDCs are issued in emergencies. This paper analyzes the main ethical and legal issues related to MDCs in this setting. The ethical precepts to bear in mind when a conflict or doubt arises are loyalty to the patient, truthfulness, doing no harm, and using public resources wisely. Physician management of processes surrounding death in the emergency department can be improved by providing staff with better training so that they understand how and when to issue a MDC and what legal requirements are involved.


En el complejo contexto de la atención a la muerte y al duelo, muchos médicos de urgencias deben realizar el certificado médico de defunción (CMD), el último acto médico con el paciente. El médico debe cumplimentar el CMD en aquellos casos que se descarte la muerte judicial. En las urgencias y emergencias médicas es habitual encontrar conflictos y dudas relacionadas con el CMD. Este artículo analiza los principales aspectos éticos y legales relacionados con el CMD en urgencias. Los principios éticos que hay que tener en cuenta ante un conflicto con el CDM son: lealtad con el enfermo, veracidad, no dañar y uso racional de los recursos. Para mejorar la gestión de la atención a la muerte en urgencias, se debe mejorar la formación de los profesionales sobre el CMD con el fin de que conozcan cuándo certificar, cómo hacerlo y sus requisitos legales.


Assuntos
Atestado de Óbito , Médicos , Serviço Hospitalar de Emergência , Humanos
8.
Emerg Med Australas ; 33(3): 575-579, 2021 Jun.
Artigo em Inglês | MEDLINE | ID: mdl-33763970

RESUMO

In a medical emergency, the usual requirement to obtain consent before giving treatment does not apply. This exception to the general rule on consent to medical treatment is known as the 'emergency principle'. By considering a case scenario, and by adjusting the facts to this scenario, we explain the circumstances in which the emergency principle will protect practitioners from an action in trespass. Although the fundamentals of this principle are uncontroversial, there are a number of uncertainties and inconsistencies in this law in relation to certain parameters. For example, whether a practitioner would ever be obliged to seek consent from a substitute decision-maker before providing emergency treatment is not clearly or consistently explained. We suggest the law should be clarified.

9.
Orthopade ; 50(11): 937-945, 2021 Nov.
Artigo em Alemão | MEDLINE | ID: mdl-33666674

RESUMO

BACKGROUND: Obtaining informed consent is a challenging task and is part of the educational objectives in the German NKLM. Teaching formats are inconsistent and time-consuming, with little emphasis on legal aspects, although they have moved into the focus of attention since the implementation of patient rights laws and play an important role in legal proceedings. OBJECTIVES: The aim of this study was the evaluation of medical students' knowledge about the legal aspects of obtaining informed consent. A legal analysis was performed, and the patient rights laws were reviewed with reference to implications for undergraduate medical education. MATERIALS AND METHODS: After the analysis of laws and jurisdiction, multiple-choice questions regarding the legal aspects of obtaining informed consent were created and placed in the Progress Test Medicine (PTM). A statistical analysis of the results of Berlin medical students was performed descriptively. RESULTS: The answers of 2625 (winter semester 2018/19) and 2409 (summer semester 2019) medical students in Berlin were analyzed. The rate of students who answered the questions about the procedures requiring informed consent and adequate time for consideration increased over time but did not reach comparable values to all PTM questions. Questions about required content were answered correctly by 30 to 60% of the students, regardless of their level of training; we did not see an increase along with the time of study. CONCLUSION: In our study, we were able to show that medical students of all educational levels show tentativeness when it comes to the legal aspects of obtaining informed consent. Yet, the legal framework offers room for new teaching formats like "Co-Action", introduced in this paper for the first time, where students acquire informed consent while being supervised by the medical doctor in charge.


Assuntos
Estudantes de Medicina , Berlim , Humanos , Consentimento Livre e Esclarecido , Direitos do Paciente , Incerteza
10.
J Ayurveda Integr Med ; 12(1): 112-118, 2021.
Artigo em Inglês | MEDLINE | ID: mdl-33358095

RESUMO

BACKGROUND: Agadatantra is one of the eight clinical branches into which Ayurveda medicine is traditionally divided. The term Agadatantra is used specifically for the branch of Ayurvedic medicine dealing with poisons, its description, and its antidotes. The other parts of the subject include Vyavahar Ayurveda and Vidhi Vaidyaka which are comprehensible with forensic medicine and medical jurisprudence of modern medical sciences. Being one of the important subjects during the undergraduate studies of Ayurveda (BAMS), it holds a substantial position in the entire syllabus. The present study was designed to appraise the attitude and knowledge of Ayurveda graduates on the practical application of the subject in day to day professional life. MATERIALS AND METHODS: It was a cross-sectional study conducted online among the students, teachers, and practitioners of Ayurveda. A pre-validated survey questionnaire was uploaded on GoogleDocs. The sharable link was made available online from 12thNovember 2018 to 31st Jan 2020 for recording the responses of the volunteers. Analysis of the responses was conducted thereafter. RESULTS: A total of 2128 participants expressed their opinion through this online survey which evaluated the views of scholars of Ayurveda regarding Agadatantra and contemporary allied subjects. Most of the respondents 65.27% were male and 30.83% holding BAMS as their highest qualification, 34.02% were postgraduate (MD) in Agadatantra; 55.03% (n = 1171) were academicians and 63.06% participants had an opinion that current UG& PG teaching is not sufficient to know about medico-legal responsibilities. CONCLUSION: The survey shows that there are few downsides in the existing teaching methodologies of Agadatantra. The existing syllabus should be revised entirely considering it as one of the clinical subjects. Concrete practical based teaching with ample clinical exposure is the need of the hour in the subject of Agadatantra to enhance its practical applicability.

11.
Intern Med J ; 51(7): 1068-1073, 2021 07.
Artigo em Inglês | MEDLINE | ID: mdl-32358854

RESUMO

BACKGROUND: Obtaining informed consent is an important responsibility of all doctors and is a major component of their day-to-day practice. However, little is known regarding practising doctors' understanding of consent in relation to medical law. AIMS: To gain insights into current doctors' understanding of the legal requisites that underpin the consent of patients to medical procedures in Australia. METHODS: A cross-sectional survey of Western Australian medical practitioners was conducted. A 15-question online questionnaire (SurveyMonkey, USA) was developed and distributed to Western Australia medical practitioners via social media, hospital-based Junior doctor society pages and through the email accounts of practitioners registered with MDA National - a large medical defence organisation. Doctors were questioned on their understanding of medicolegal responsibilities, informed consent practice and knowledge of a historically significant Australian medicolegal case (Rogers v Whitaker, 1992). RESULTS: A total of 172 responses was received during the survey period. The respondents came from various levels of seniority and from a variety of subspecialist areas. The survey demonstrated that among the respondents, the understanding of their medicolegal responsibilities around the issues of informed consent was deficient. Only 31% of respondents were aware that it is a court of law that defines the reasonable standard of care in relation to obtaining informed consent. Less than half of the respondents (48%) were aware of the High Court of Australia's definition by which the standard of reasonable care is defined. CONCLUSION: The results from our survey suggest that there is a requirement to enhance the education of medical practitioners to meet the medicolegal requirements and optimise consent.


Assuntos
Médicos , Austrália , Estudos Transversais , Humanos , Consentimento Livre e Esclarecido , Corpo Clínico Hospitalar
12.
Int J Clin Pediatr Dent ; 13(3): 217-220, 2020.
Artigo em Inglês | MEDLINE | ID: mdl-32904174

RESUMO

AIM: This study was conducted to evaluate the knowledge and the awareness on odontolegal practice with more emphasis on significance of maintaining dental records by the oral health professionals. MATERIALS AND METHODS: A cross-sectional study was carried out among 120 dental practitioners of Jammu and Kashmir, Himachal Pradesh, Delhi, Punjab, Gujarat, and Odisha. A questionnaire was designed to assess their practice and knowledge regarding the importance of maintenance of dental records and the knowledge about dental jurisprudence. Total 120 questionnaire samples were distributed among dental health professionals, and the data obtained were studied and formulated for significance of dental records. RESULTS: Feedback obtained was then analyzed. Seventy percentage of the dentists are not maintaining clinical records of their patients and 20% of the dentists acknowledged that they are not keeping or maintaining dental records like X-rays and cast models of their patients. Eighty percentage of dentists were not known to the ethical importance of dental record, i.e., for how long they have to maintain records of their patients and other details. CONCLUSION: This study concludes that the oral health professionals lacked the knowledge and awareness about odontolegal aspects and the significance of maintaining dental records. It was observed that there was insufficient knowledge about medicolegal systems and there is a need to bring awareness and knowledge of the same in the dental fraternity. CLINICAL SIGNIFICANCE: With the increasing use of medical insurance and subsequently mediclaims, negligence suits, scientific evaluation, and research purposes, and health planning, etc., the "dental records itself have evolved as a separate science and therefore needs to be considered in the curriculum for dental students as this would introduce the concept for application in their future practice, thus avoiding legal complications in the future." HOW TO CITE THIS ARTICLE: Kaul B, Gupta S, Vaid V, et al. Emulating Odontolegal Practice: A Paradigm Shift in the Dental Practice Laying More Emphasis on Dental Records-A Perspective and Contemporary Study with a Reality Check. Int J Clin Pediatr Dent 2020;13(3):217-220.

13.
Palliat Med ; 34(4): 524-532, 2020 04.
Artigo em Inglês | MEDLINE | ID: mdl-32031043

RESUMO

BACKGROUND: Some patients do not receive adequate pain and symptom relief at the end of life, causing distress to patients, families and healthcare professionals. It is unclear whether undertreatment of symptoms occurs, in part, because of nurses' concerns about legal and/or disciplinary repercussions if the patient dies after medication is administered. AIM: The aim was to explore nurses' experiences and knowledge of the law relating to the provision of end-of-life pain and symptom relief. DESIGN: Semi-structured interviews with nurses were assessed using a six-stage hybrid thematic analysis technique. SETTING/PARTICIPANTS: Four face-to-face and 21 telephone interviews were conducted with nurses who routinely prescribed and/or administered pain and symptom relief to patients approaching the end of their lives in Queensland and New South Wales, Australia. RESULTS: While many nurses had no personal experiences with legal or professional repercussions after a patient had died, the fear of hastening death and being held accountable was frequently discussed and regarded as relevant to the provision of inadequate pain and symptom relief. Concerns included potential civil or criminal liability and losing one's job, registration or reputation. Two-thirds of participants believed that pain relief was sometimes withheld because of these legal concerns. Less than half of the interviewed nurses demonstrated knowledge of the doctrine of double effect, the legal protection for health professionals who provide end-of-life pain and symptom relief. CONCLUSION: Education is urgently required to strengthen nurses' knowledge of the legal protections supporting the provision of appropriate palliative medication, thereby improving their clinical practice with end-of-life patients.


Assuntos
Conhecimento , Enfermeiras e Enfermeiros , Cuidados Paliativos/legislação & jurisprudência , Assistência Terminal/legislação & jurisprudência , Morte , Humanos , New South Wales , Competência Profissional , Pesquisa Qualitativa , Queensland
14.
J Hist Med Allied Sci ; 74(4): 416-439, 2019 Oct 01.
Artigo em Inglês | MEDLINE | ID: mdl-31553441

RESUMO

This essay explores the uses of phrenological theory in the realm of jurisprudence between the mid-1830s and 1850s, focusing in particular on the adoption and circulation of phrenological language within medico-legal circles through this period. The article begins by contextualizing medical jurisprudence in early America; at the same time that phrenology was gaining ground in the United States, theories of medical jurisprudence were in flux. I next turn to the concept of the propensities in phrenological theory and their relationship to theories of moral insanity developed in the same period. This article concludes with an exploration of explicit and implicit uses of phrenology, focusing on court cases featuring phrenological expertise or language. The article thus suggests both the uses of phrenology for the building of medico-legal expertise and the extent to which phrenological language around the propensities inflected lay and medico-legal discourse around criminal responsibility and insanity.


Assuntos
Defesa por Insanidade/história , Jurisprudência/história , Frenologia/história , História do Século XIX , Humanos , Defesa por Insanidade/estatística & dados numéricos , Estados Unidos
15.
Am J Psychiatry ; 175(12): 1185-1186, 2018 12 01.
Artigo em Inglês | MEDLINE | ID: mdl-30501418
16.
Acta bioeth ; 24(2): 237-244, Dec. 2018.
Artigo em Espanhol | LILACS | ID: biblio-973428

RESUMO

Resumen: En el presente artículo, los autores tratan el tópico de admisibilidad en Chile de las acciones de responsabilidad civil de wrongful conception o anticoncepciones fallidas. Utilizando referencias hacia la práctica en el derecho comparado y al derecho internacional de los derechos humanos, los autores argumentan a favor de fundamentar su reparación en el derecho a la autodeterminación reproductiva de las mujeres.


Abstract: In this article, the authors refer to the wrongful conception claims, particularly the controversy of their admission in Chile. On the basis of comparative and human rights international law, the authors argue in favor of the women's right to reproductive self-determination as the foundation of their compensation.


Resumo: Neste artigo, os autores abordam o tema da admissibilidade no Chile das ações de responsabilidade civil de wrongful conception ou anticoncepções fracassadas. Com base em referências para a prática no direito comparado e no direito internacional dos direitos humanos, os autores argumentam a favor de fundamente sua reparação o direito à autodeterminação reprodutiva das mulheres.


Assuntos
Humanos , Feminino , Responsabilidade Legal , Anticoncepção , Direitos Sexuais e Reprodutivos , Jurisprudência , Direito de não Nascer , Autonomia Pessoal , Responsabilidade Civil , Judicialização da Saúde , Direitos Humanos , Imperícia
17.
Ophthalmologe ; 115(7): 615-630, 2018 07.
Artigo em Alemão | MEDLINE | ID: mdl-29797072

RESUMO

Telemedical solutions are increasing with respect to diversity, frequency and scope. It should be part of medical practice to remind again and again that telemedicine does not represent a special medical field or even a subspecialty. The concept of telemedicine is more used as a superior term for different medical care concepts, provided across distance and time barriers. Telematic solutions implemented as a new field of service in ophthalmological practice or in hospitals must fulfill the following obligatory requirements in conformity with the law: patients must be informed about the range of telemedical solutions, operators must ensure medical specialist qualifications and all care responsibilities combined with the telemedical services must be guaranteed. The legal assessment standard is always the direct comparison between telemedical measures and the individual patient result of medical treatment in a face to face situation in an ophthalmologists practice as the gold standard. The court makes a targeted examination on whether the individual damage to health of a patient under telemedical care would also have normally occurred under medical treatment within the framework of regular care by a medical specialist in a practice or clinic. If the court has a well-founded doubt, the operator must be able to justify either constraints in individual cases or a better prognosis and success rate (reversal of burden of proof). Especially due to the latter aspect it is important for the operator that the standards for telemedical services of the specific medical fields are predefined by the specialist societies or that corresponding results from healthcare research projects are available.


Assuntos
Oftalmologia , Telemedicina , Atenção à Saúde , Humanos
18.
Med Health Care Philos ; 20(2): 187-193, 2017 Jun.
Artigo em Inglês | MEDLINE | ID: mdl-27581426

RESUMO

This study examines the decisions of the French Conseil d'Etat (Supreme Administrative Court) and the European Court of Human Rights in the Lambert case concerning the withdrawal of life-sustaining treatments. After presenting the facts of this case, the main legal question will be analyzed from an ethical and medical standpoint. The decisions of the Conseil d'État and then of the European Court of Human Rights are studied from a comparative legal perspective. This commentary focuses on the autonomous will of an unconscious patient and on the judicial interpretation of the right to life as recognized in article 2 of the European Convention on Human Rights. Furthermore, it medically classifies artificial nutrition and hydration (ANH) as a "treatment" which has ethical and legal implications. While the majority of the bioethical community considers ANH a medical treatment, a minority argues that ANH is basic care. This classification is ambiguous and has conflicting legal interpretations. In the conclusion, the author highlights how a French lawmaker in February 2016, finally clarified the status of ANH as a medical treatment which reconciled the different values at stake.


Assuntos
Direitos Humanos/legislação & jurisprudência , Eutanásia Passiva/legislação & jurisprudência , Humanos , Direito a Morrer
19.
HEC Forum ; 28(4): 339-354, 2016 Dec.
Artigo em Inglês | MEDLINE | ID: mdl-27392597

RESUMO

The purpose of advance care planning (ACP) is to allow an individual to maintain autonomy in end-of-life (EOL) medical decision-making even when incapacitated by disease or terminal illness. The intersection of EOL medical technology, ethics of EOL care, and state and federal law has driven the development of the legal framework for advance directives (ADs). However, from an ethical perspective the current legal framework is inadequate to make ADs an effective EOL planning tool. One response to this flawed AD process has been the development of Physician Orders for Life Sustaining Treatment (POLST). POLST has been described as a paradigm shift to address the inadequacies of ADs. However, POLST has failed to bridge the gap between patients and their autonomous, preferred EOL care decisions. Analysis of ADs and POLST reveals that future policy should focus on a communications-based approach to ACP that emphasizes ongoing interactions between healthcare providers and patients to optimize EOL medical care to the individual patient.


Assuntos
Planejamento Antecipado de Cuidados/normas , Direitos Civis/ética , Tomada de Decisão Clínica/métodos , Comunicação , Diretivas Antecipadas/legislação & jurisprudência , Humanos , Autonomia Pessoal , Assistência Terminal/legislação & jurisprudência
20.
Fa Yi Xue Za Zhi ; 32(4): 296-298, 2016 Aug.
Artigo em Inglês | MEDLINE | ID: mdl-29188675

RESUMO

The origin of medical jurisprudence in China can be traced back to as early as 1920s, and since then, the discipline has undergone a great development. This paper, based on the disciplinary development of medical jurisprudence at Xiangya School of Medicine, illustrates its evolution in three aspects covering the scientific and theoretic foundation, legal system and policy support. The current investigation reflected a glimpse of the modern forensic science in China, providing useful historical reference for the development of Chinese forensic science.


Assuntos
Medicina Legal/história , Medicina Legal/legislação & jurisprudência , China , História do Século XX , História do Século XXI , Humanos
SELEÇÃO DE REFERÊNCIAS
DETALHE DA PESQUISA
...