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Medicine and Law

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https://read.qxmd.com/read/28360454/main-ethical-breaches-in-multicenter-clinical-trials-regulations-of-turkey
#1
P Elif Ekmekci
Turkey has been a growing market for multicenter clinical trials for the last ten years and is considered among the top ten countries in terms of potential study subject populations. The objective of increasing the share of Turkey in multicenter clinical trials is strongly supported. This ambitious goal of Turkey raises the need to have regulations in compliance with other leading countries conducting clinical trials. The latest published Turkish regulations on clinical trials are structured in compliance with the International Conference on Harmonization (ICH) Guidelines and in harmony with the regulations of other leading countries in clinical research, such as the US...
2016: Medicine and Law
https://read.qxmd.com/read/30759958/criminal-conduct-due-to-drunkenness-critical-evaluation-of-brazilian-traffic-legislation
#2
Evelyne Pessoa Soriano, Marcus Vitor Diniz de Carvalho
This study aims to carry out a critical evaluation of the traffic legislation in Brazil, regarding drivers' criminal behavior due to alcohol and other psychoactive substances abuse while driving a motor vehicle. First thing to note is the legislation exclusive focus on the use of alcoholic beverages by drivers. No effective measures were taken to elaborate parameters for gauging in cases involving other psychoactive substances. Another issue is the drivers' right not to supply the organic material required for the examination of drunkenness, since it would collide with the constitutional right to remain silent, the more traditional manifestation of the principle of criminal law named Nemo tenetur se detegere...
September 2015: Medicine and Law
https://read.qxmd.com/read/30759957/transdisciplinarity-in-strategic-decisions-for-oncological-treatments
#3
I Fernandes, M C Rueff, S Portela
The current models for equity and access to new oncological treatments are under strain due to the economic and demographic crisis in Europe as well as the rising costs of innovative drugs. Cancer treatment needs a model of patient-centered care in which an interdisciplinary care plan, based on evidence-based practice is essential for patient wellbeing. Physicians should be focused in the doctor-patient relationship and informed consent is important, especially when new medicines are prescribed. Related with informed consent, there is therapeutic privilege...
September 2015: Medicine and Law
https://read.qxmd.com/read/30759956/laws-related-to-the-protection-of-women-s-health-in-japan
#4
Michiko Miyazaki, Yukari Watanabe, Yoko Sato
The protection of the health of women, who share the basic role of giving birth to and raising children, is important in all societies. This protection also has a tremendous influence on the development of the next generation. The primary legislation with regard to protection of the health of women in Japan is the Maternal and Child Health Act. This Act seeks to protect pregnant women to ensure the birth of healthy children. For working women, the Labor Standards Act provides specific legislation to protect the health of those who fall pregnant...
September 2015: Medicine and Law
https://read.qxmd.com/read/30759955/anticipated-directives-of-will-advance-health-care-directive-health-care-attorney-an-issue-of-self-determination
#5
Candida Carvalho Goncalves
Due to the aging of society, the number of people who will likely need medical intervention at a time when they will be incapable of making decisions has been increasing, especially within neurodegenerative diseases. Individuals, more and more enlightened and aware, try to state in anticipation their will concerning future health care. They do it for several reasons, chief among them religious issues and the concern not to lose their quality of life. The patient's decision grows in importance insofar as the limits of present consent are surpassed and one accepts that the will previous- ly expressed by the patient is the best reference for the therapeutic decision...
September 2015: Medicine and Law
https://read.qxmd.com/read/30759954/health-law-and-elderly-persons
#6
Guilherme de Oliveira
The article stresses that the elderly probably do not need sophisticated health care because they probably suffer from known pathologies and are chronically ill. The elderly probably do need improvements in: 1. Law focused on respect for patients, including: Protection and promotion of personal autonomy and informed consent practice; adequate information; slowness and time to understand and decide. They also need effective legal representation and quick schemes for damage compensation. Other needs include: "ageing in place"; maintaining links with places, family and peers...
September 2015: Medicine and Law
https://read.qxmd.com/read/30759953/is-a-no-fault-compensation-scheme-the-answer-to-the-problems-of-tort-in-clinical-negligence
#7
Ian R Barker
With patient safety now catapulted to its rightful position at the top of the agenda, a renewed discussion surrounding clinical negligence and its recompense is inevitable. The introduction of 'no fault' compensation has many advantages over the current adversarial system that operates in the United Kingdom and many other countries. By definition, 'no fault' compensation does not require the claimant to have suffered as a result of negligence and it covers those who suffer from inadvertent consequences of treatment...
September 2015: Medicine and Law
https://read.qxmd.com/read/30759952/the-international-health-regulations-mandate-on-the-development-and-maintenance-of-core-surveillance-systems-prospects-and-challenges-of-meeting-the-2016-deadline-in-africa
#8
Millicent N Ele
The use of mobile technology in disease surveillance improves timely reporting for early detection of infectious diseases. Syndromic surveillance makes this even faster because it points to signs of possible outbreak leading to early investigation. The International Health Regulations 2005 mandates all member states to develop, strengthen, and maintain core capacity for surveillance and response by June 2016. With no specific provision for funding, it is a challenge for low-resourced African countries to meet this deadline...
September 2015: Medicine and Law
https://read.qxmd.com/read/30759951/occupational-health-of-chinese-migrant-workers-from-a-legal-perspective-status-quo-conundrums-and-resolutions
#9
Kai Liu, Wen Liu
In contrast to its usage in the English speaking world, which refers to 'migrant workers' as workers from other, usually less-developed countries, migrant workers in China semantically refers to individuals who are rural residents, previously residing in the countryside and engaging in agriculture who subsequently migrate to urban areas, to engage in manual labor due to higher wages, among other reasons. As a vulnerable group, migrant workers are substantially troubled by occupational diseases, with several significant underlying hallmarks...
September 2015: Medicine and Law
https://read.qxmd.com/read/30759950/editorial-medicine-and-law
#10
EDITORIAL
Roy G Beran
No abstract text is available yet for this article.
September 2015: Medicine and Law
https://read.qxmd.com/read/30759949/the-legality-of-euthanasia-from-the-malaysian-and-islamic-perspectives-an-overview
#11
Fadhlna Alias, Mizan Muhammad, Puteri Nemie Jahn Kassim
The subject of euthanasia has generated many controversial debates, particularly on its legality. This has been primarily due to the doctrine of sanctity of life which is a predominant principle in many religions and is embedded in moral values. The underlying precept is that human life is sacred and demands respect, as all life comes from God and life can only be taken away intentionally through due process of law. Thus, ending a person's life, even upon his or her request, is considered in many jurisdictions as a criminal offence...
September 2015: Medicine and Law
https://read.qxmd.com/read/30759948/the-history-of-brain-death-and-how-the-jahi-mcmath-case-will-impact-future-brain-dead-patients
#12
Ariane Lewisg
The diagnosis of brain death has generated numerous medical, legal, social and ethical controversies. The recent highly publicized case of Jahi McMath, a 13-year-old who was declared brain dead and transferred to a long-term care facility, illustrates these issues and raises new challenges and questions about the management of brain dead patients.
September 2015: Medicine and Law
https://read.qxmd.com/read/30759947/medically-assisted-procreation-a-discussion-still-open-in-italy
#13
Giovanna Ricci, Nunzia Cannovo, Ascanio Sirignano
This article analyses the current situation of medically assisted reproduction in Italy after the issuance of Law 40 in 2004. This law is actually completely different from its first version. In fact, the controversial points, like reproduction for couples with genetic diseases, prohibition of heterologous fertilization, cryoconservation of embryos, obligation to perform just one and simultaneous implant of all the embryos produced, are definitively not in force today. This new situation can be explained not only by rules issued by Italian courts but, in particular, by changes introduced by the European Court of Human Rights and by questions of constitutional legitimacy raised by some Italian Courts...
September 2015: Medicine and Law
https://read.qxmd.com/read/30759946/iman-ihsan-application-in-physician-training-and-the-therapeutic-relationship
#14
Zehraa Cheaib, Arif Somani
The journey from illness to health may be fraught with unfavorable outcomes, inadvertent errors, or even medical malpractice. Indeed, alleged medical negligence or malpractice is emblematic of the underlying dissonance in what should otherwise be an ideal therapeutic relationship between physicians and patients. The increasing incidence of alleged medical negligence in the West and in the Muslim world has led physicians to fear the threat of litigation. Consequently, this results in defensive medicine, avoiding higher- risk medical and surgical specialties or procedures, and potentially adversarial patient-physician interactions...
September 2015: Medicine and Law
https://read.qxmd.com/read/30759945/research-misconduct-policies-at-higher-education-institutions-in-puerto-rico
#15
Ana L Mulero Portela, Carmen L Colon Santaella, Ivette Bonet Rivera
Institutional policies on research serve to guide graduate students in conducting research. Eight universities in Puerto Rico met the inclusion criteria, and were found to have research misconduct policies for conducting research. The policies were analyzed quantitatively to determine the extent to which these included relevant specific information on procedures needed to address issues that arise in a research misconduct allegation. Comparison of the eight policies revealed that five policies obtained a high score in all five dimensions analyzed...
September 2015: Medicine and Law
https://read.qxmd.com/read/30759944/the-introduction-of-clinical-bioethics-into-the-curriculum-of-colombian-faculties-of-medicine
#16
Efrain Mendez
As part of the overall educational effort to humanize medicine, some medical schools in Colombia have reformed their curriculum in recent years, which has included in most cases the introduction of the subject of Clinical Bioethics. Main objectives: To analyze, through a critical approach, the inclusion of this subject and the way in which it has been conceptually and methodically appropriated. An observational qualitative analysis, using institutional plans that study ten of the most prestigious Colombian universities as a source, was performed and supplemented by surveys, and focus groups...
September 2015: Medicine and Law
https://read.qxmd.com/read/30759943/maternal-health-and-millennium-development-goal-mdg-5-in-nigeria-any-catalytic-role-for-human-rights
#17
Obiajulu Nnamuchi, Miriam Anozie, Festus Ukwueze
Despite Nigeria's ratification of virtually all human rights instruments recognizing health as a human right and endorsement of the Millennium Declaration, the state of maternal health in the country remains atrocious. That the country is not on pace to meet its obligations under Millennium Development Goal (MDG) 5 (to reduce the maternal mortality ratio (MMR) by three quarters in 2015, using 1990 as a base year, and achieve univeral access to reproductive services) is no longer news. What is perhaps newsworthy and that is because of their significance to repositioning the country on course toward the MDG, are three concers, namely, the factors constratining progress to acceptable maternal health in the country; the interventions needed to reverse the status quo; and, finally, the question, thether and how human rights could play a catalytic role in the process...
September 2015: Medicine and Law
https://read.qxmd.com/read/30759942/legal-and-organizational-barriers-to-the-development-of-ehealth-in-france
#18
Renaud Bouvet, Pierre Desmarais, Etienne Minvielle
Although the potential of eHealth in terms of improving quality, safety, efficacy and efficiency of health systems is known, the development of these new tools remains insufficient in Europe and also in France - the focus of the present article - due to the legal status of telemedicine and state involvement. National legislation should be harmonized by directives or standardized by regulations. European unification would considerably reduce the burden of administrative formalities that hold back telemedicine in France, and would lead to the emergence of community-based, non-hospital-dependent eHealth projects, in line with recommendations in the literature...
September 2015: Medicine and Law
https://read.qxmd.com/read/30759941/compensating-cerebral-palsy-cases-problems-in-court-litigation-and-the-no-fault-alternative
#19
Puteri Nemie Jahn Kassim, Shin Ushiro, Khadijah Mohd Najid
Children having cerebral palsy will incur life-long disabilities, which require high costs of medical and nursing care. This imposes a tremendous burden on the families of the affected children, whether financially or emotionally. It is understandable for the affected families to initiate court litigation in order to alleviate the financial burden and at the same time to overcome the emotional pain associated with the permanent and lifetime implications which cerebral palsy entails. However, suing for such injuries in court and identification of medical malpractice is not an easy task for the families...
September 2015: Medicine and Law
https://read.qxmd.com/read/30759940/rationalization-in-health-a-legal-constitutional-perspective
#20
Maria do Ceu Rueff
Following Portugal's bailout, several measures concerning the rationalization of resources of the national health system have been recommended, aiming to improve the efficiency of services and generate additional savings. Our purpose is to approach this issue by asking for its conformity with the Constitution of the Portuguese Republic, and by further characterizing and discussing the right to health as a typical social right, the implementation of which presupposes the "reserve of what is possible" (including its dependence on existing economic resources)...
September 2015: Medicine and Law
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