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The refusal of treatment: living wills and the current law in the UK.

David Browne was suffering from motor neurone disease and was anxious to ensure that as his disease progressed and he ceased to be mentally capacitated he would not be given artificial feeding and ventilation. He therefore arranged to draw up a living will in which he gave an advanced refusal of such treatments. The document was duly signed and witnessed. Only 3 months after signing the living will he was severely injured in a road accident and brought into hospital unconscious. He was carrying his living will in his pocket. The doctors were concerned that if they operated and he required ventilation in intensive care, would the living will prevent their providing such treatment and care? What is the law?

Accidents, Traffic↗

Terri Schiavo, Son Hudson, and 'nonbeneficial' medical treatments.

Two disputed cases about withholding life support (Terri Schiavo and Son Hudson) call for greater public discussion. Confusion arises from intermixing three kinds of cases: those (1) in which demanded treatment is physiologically futile, (2) involving competition for scarce resources, and (3) in which the treatment would likely achieve the patient's goals although the clinician perceives those goals to be valueless. This Perspective argues that clinicians should unilaterally refuse the first but do not have legitimate roles in blocking access to the second and third. Absent scarcity, patients should have access to effective life-prolonging treatments even if clinicians see no value in them.

Decision Making↗

Nontherapeutic research with children: Grimes v Kennedy Krieger Institute.

Research with young children raises difficult issues of law and ethics. A recent Maryland case, Grimes v Kennedy Krieger Institute, Inc, appears to impose restrictive rules on research with children when the subjects are put at risk but cannot derive direct benefit from their involvement in the research project. This case exemplifies the tension that exists between the goal of science to increase knowledge and the protection of the rights and welfare of nonconsenting research subjects. While some language in the opinion may be difficult to understand or apply, for the most part the case reflects the problems other courts and ethicists have had in delineating the role of children in "nontherapeutic" research.

Child↗

Risk and responsibility: ethics, Grimes v Kennedy Krieger, and public health research involving children.

The legal case of Grimes v. Kennedy Krieger Institute, Inc, has raised concerns in the public health research community regarding the acceptable level of risk in research involving children, parental authority for informed consent, and exploitation of research subjects for the benefit of public health. We provide an overview of the case and discuss the impact of the court's decision and its possible effect on future research protection policies and practices.

Child↗

Globalization of clinical research by the pharmaceutical industry.

Drug companies' quest for speedy results has led to a boom in trials based in developing countries, where ethical standards may be lax and the impoverished sick abundant. According to the U.S. Department of Health and Human Services Inspector General's office, the number of researchers based outside the United States seeking new drug approvals has increased 16-fold over the last decade. In this article, a 1996 Pfizer trial in Nigeria--the subject of a controversial class-action suit--illustrates the dangers.

Child↗

Why withholding treatment is not assisted suicide.

We have shown why it is that withholding medical treatment is not properly considered to be an assisted suicide. We have said nothing about the desirability or need for new legislation to support assisting a patient in a suicide. We have been concerned only to show that any plausible arguments for assisted suicide must stand on their merits and the attempt to justify a practice of assisted suicide by linking it to the withdrawing of medical treatment through an analysis of causation fails. In this closing section we place our discussion in a broader setting and draw out some of the implications of the distinctions we have made. One central point we wish to emphasize is the role of context in discussions of withholding treatment and assisting a suicide. We have noted the difference between the "normative" and "scientific" sense of "cause". The normative sense is used when holding a person responsible, either legally or morally, for what he or she has actually or scientifically caused (the cause-in-fact). When we hold a person responsible for the consequences of his or her actions, we do so in a way that is sensitive to the context of that action. There is no set formula for determining how broad a context must be considered, whether it be a year and a day, or some shorter or longer interval. The determination of context will involve judgments of relevance and reasonableness and will depend on any special relationships that may hold between the parties involved. Finally, we emphasize how essential context is to a determination of causation. If one fails to consider both the scientific and normative dimensions of causation and relies only on the scientific dimension, one ends up with the counter-intuitive judgments that, in the Olson case, the neurosurgeon who withdrew life support for Erickson is the cause of death, and similarly for the example given by Schaffner and the Nancy B. case discussed by Fish and Singer. Our advice is, "Don't go there".

Canada↗