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PubMedDate not supplied

[Deprofessionalization or reprofessionalization: a study comparing law and medicine].

The author discusses and compares the transformations in the profession of lawyers in the United States of America and the doctors in Brazil according to a theoretical analysis based upon the classical theory of the Sociology of the Professions. The discussion about the deprofessionalization of Medicine is conducted along some of the characteristics outlined by the theory. The author concludes that the challenge that faces medicine is a kind of re-organization that will change necessarily the profession as we know it today, but this change will not affect the professional autonomy or any other of its essential characteristics.

Brazil↗
PubMed1990

[Medical malpractice in relation to its social political importance].

Despite an unchanged legal basis the number of proceedings concerning medical practitioner's liability has increased substantially and medical law has developed into an independent field of law in the last 20 years. On one hand this is a result of modern medicine's extended possibilities to act and control, on the other hand it is caused by the patient's changed attitude towards both, his disease and his physician. Hereby the mass media exercise considerable influence with their commentaries, that are often exaggerated in their criticism and their representation. But this development gives no rise to concern. The jurisdiction in the field of medical practitioner's liability is--apart from a few exceptions--not overstated but necessary for the safeguarding of the patient's interests. It doesn't impede progress, doesn't give cause for a defensive medicine and doesn't burden our public health system. For the patient's wellbeing it often even accomplishes the important function of convincing the public health administration, that sometimes shows a tendency to act economically, of strict medical demands. There still is no room for the general conclusion, that the control of medicine by jurisdiction has undermined the confidential relationship between patient and physician. The recently published result of an opinion poll has shown, that physicians still enjoy a high reputation, while journalists--in spite of some contradictory statements--find themselves in the last ranks.

Germany, West↗
PubMedDate not supplied

Legal liability in the development and use of medical expert systems.

The application of medical expert systems is likely in some instances to result in patient injury litigation. Such legal action will be based on the same principles now applicable to medical practice and products liability. These principles define legally wrongful acts, product defects, and theories of recovery: negligence, breach of warranty and strict liability. The resolution of such litigation will depend on whether the clinician should have relied on the advice of the expert system when the advice and patient treatment is alleged to have been wrong, as well as the overall quality of the expert system, its functional design, and claims made for it. Clinical engineers who become involved with expert system development, selection or implementation should understand the risk management implications of this technology.

Expert Systems↗