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At least 721 records · Page 40Linked to original sources
PubMed1998

'Wrongful life' lawsuits for faulty genetic counselling: should the impaired newborn be entitled to sue?

A "wrongful life" suit is based on the purported tortious liability of a genetic counsellor towards an infant with hereditary defects, with the latter asserting that he or she would not have been born at all if not for the counsellor's negligence. This negligence allegedly lies in the failure on the part of the defendant adequately to advice the parents or to conduct properly the relevant testing and thereby prevent the child's conception or birth (where unimpaired life was not possible). This paper will offer support for the thesis that it would be both feasible and desirable to endorse "wrongful life" compensation actions. The genetic counsellor owed a duty of due professional care to the impaired newborn who now claims that but for the counsellor's negligence, he or she would not have been born at all. The plaintiff's defective life (where healthy life was never an option) constitutes a compensable injury. A sufficient causal link may exist between the plaintiff's injury and the defendant's breach of duty of due professional care and an appropriate measure of damages can be allocated to the disabled newborn. Sanctioning a "wrongful life" cause of action does not necessarily entail abandoning valuable constraints with regard to abortion and euthanasia. Nor does it inevitably lead to an uncontrolled slide down a "slippery slope".

Compensation and Redress↗
PubMed1999

The milk and the honey: ethics of artificial nutrition and hydration of the elderly on the other side of Europe.

Many health problems that elderly people face today relate not only to the nature of their affliction but also to the kind of treatment required. Such treatment often includes artificial nutrition and hydration, (ANH) a procedure which, despite its technical and invasive character, is still considered to be vested with symbolic meanings. It is precisely during the efforts to reach a legal consensus that the discrepancies between various cultural contexts become obvious. The following case explores the Greek clinical territory in comparison with the international situation, and the reasons why, in Greece, the right to refuse treatment is not necessarily interpreted as including the right to refuse artificial nutrition and hydration as well.

Aged↗
PubMed1985

Miranda comes to the hospital: the right to remain silent in civil commitment.

One procedural protection that has not generally made the transition from the criminal justice system to involuntary civil commitment is the Fifth Amendment protection against self-incrimination. The authors present the results of a study of the implementation of the right to remain silent, which demonstrate that warning patients that anything they say may be used against them in the commitment hearing has little impact on their willingness to talk to staff or to cooperate with treatment. The authors discuss the possible reasons for their findings.

Adult↗
PubMed2000

A critique of a 'wrongful life' lawsuit in Korea.

This article reports and analyses a 'wrongful life' lawsuit brought against a genetic counsellor who failed to refer a woman for prenatal genetic testing despite her plea to do so; this resulted in the wrongful birth of a child with a genetic abnormality. As a result of negligence, the mother did not have a termination and the baby was born. This is an event that reveals the troublesome nature of prenatal genetic testing applications in medical practice in Korea. The case presentation and critique illuminates how genetic research and its applications in practice influence human life and society. The central issues involved in the lawsuit are the discrepancies between present practice and the law, and lack of respect for the client's request to make self-determined reproductive choices. The lawsuit is explored in terms of the ethical grounds for the court's ruling, the responsibility of the genetic counsellor, the sociocultural impact of genetic testing in Korean society, and people's ability to make informed choices about how this technology is applied in medical practice.

Compensation and Redress↗
PubMed2003

Hungary's 'black angel' and her 'dragons'.

Nurse Timea Faludi was taken into custody in Hungary in 2001, after confessing to administering lethal doses of drugs to seriously ill elderly patients between May 2000 and February 2001. On 2 December 2002, the Court of First Instance found the nurse guilty on several counts of attempted homicide and of wilfully endangering four persons' lives in her professional capacity. This article discusses unethical and illegal acts in Hungary.

Adult↗
PubMed2001

Pegram v. Herdrich: On peritonitis, preemption, and the elusive goal of managed care accountability.

Managed care presents the paradox of organizations having real power over people's lives without there being clear or consistent means of ensuring accountability. In Pegram v. Herdrich, the United States Supreme Court struggled with whether "fiduciary duties" under the federal Employee Retirement Income Security Act (ERISA) could be used to counterbalance the incentives that HMOs have to deny necessary care. Given press coverage of the case, however, it was easy to get the impression that the managed care industry itself was on trial in Pegram. This report examines the political and legal forces underlying the dispute and analyzes the Supreme Court's unanimous rejection of the notion of federally imposed duties for HMOs. In the absence of ERISA fiduciary obligations, attention must now shift to developments in state tort law, the scope of federal ERISA preemption, and the prospect of legislative reform. The report concludes with an exploration of how the elusive goal of managed care accountability might be pursued in the wake of Pegram.

Appendicitis↗
PubMed2002

Courts and health policy: judicial policy making and publicly funded health care in Canada.

The 1982 Canadian Charter of Rights and Freedoms provided political actors with the opportunity to make rights-based challenges to public policy decisions. Two challenges launched by providers and consumers of health care illuminate the impact of judicial review on health care policy and the institutional capacity of courts to formulate policy in this field. The significant impact of rights-based claims on cross-jurisdictional policy differences in a federal regime is noted.

Canada↗
PubMedDate not supplied

Legal aspects of consent 2: the different forms of consent.

Mary, following preoperative medication, was taken to theatre for a biopsy for possible breast cancer. When the theatre staff went through their checklist they could not find a consent form. The consultant surgeon said that he had seen her in the outpatients' department 2 weeks before and she had given a clear consent, not only for the biopsy but also for a radical mastectomy should the results show that to be necessary. He said that he had no problems with continuing the operation. The theatre sister was unsure of the legal position.

Biopsy↗
PubMedDate not supplied

Not for resuscitation instructions: the law for children in the UK.

CASE SCENARIO: David Glass, a boy of 13 years, was severely disabled with only a limited life span. His mother wished him to receive whatever medical treatment was necessary to prolong his life. Following an incident in which the hospital gave the child diamorphine against the mother's wishes, family members resuscitated the child and prevented him from dying. There was a complete breakdown of trust between the family and the hospital. His mother, Ms Glass, sought a declaration as to the course doctors in the hospital should take if the boy were admitted for emergency treatment and disagreements arose as to the treatment to be given to or withheld from the child. The judge refused the mother's application for judicial review and she appealed to the Court of Appeal (R v. Portsmouth Hospitals NHS Trust ex p. Glass [1999]).

Adolescent↗