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At least 847 records · Page 47Linked to original sources
PubMed2004

Damned if they do, damned if they don't: the need for a comprehensive public policy to address the inadequate management of pain.

Amy Dilcher examines the need for a comprehensive pain policy and argues that opioids--highly effective drugs for pain management--should be legally and practicably accessible to medical professionals and their patients, as and when needed to provide relief from pain. The article synthesizes a number of perspectives regarding the regulation of pain management and demonstrates that the inadequate treatment of pain stems from a multitude of barriers. After reviewing Congressional action on the topic, Ms. Dilcher concludes with recommendations for a more comprehensive pain policy that would enhance the management of pain.

Analgesics, Opioid↗
PubMed2003

Legal consequences and ethical dilemmas of pain perception in persistent vegetative states.

"Persistent vegetative state" (PVS) describes brain-damaged patients who survive their injuries in a sleeplike, insensible state, with periodic awakenings. Due to technological advances, such individuals can sustain biological existence for prolonged periods of time. Their existence results in a dichotomy between the legal and medical interpretations of persistent vegetative states, giving rise to ethical conflicts. The author reviews the limitations in our understanding of what PVS signifies for the afflicted individual, and explores the conflicts arising from such limitations that may impact an individual's right to live or die. The author concludes that the medical community has yet to adopt consistent clinical criteria to diagnose PVS and that a universal standard for PVS is needed to avoid the abuse of vegetative individuals' rights.

Brain Death↗
PubMed2004

Tissue banking, patient rights, and confidentiality: tensions in law and policy.

The collection, storage and analysis of tissue samples, including genetic data, has become an increasingly common part of biomedical research. Though there are many scientific justifications for the creation of tissue and DNA databanks, the storage and use of human tissue continues to create legal dilemmas. In this paper, the impact and relevance of existing common law principles are reviewed. It is noted that the Canadian common law rules covering consent and confidentiality may create challenges for the research community. Emerging health information legislation does, however, create a somewhat more lenient research environment, largely because these laws allow, in some circumstances, research on identifiable health information without consent. Nevertheless, conflicts between existing common law, research ethics policy and new health information legislation illustrate profound policy dilemmas created by research involving storage and use of tissue and genetic material.

Biomedical Research↗
PubMed2004

Abortion in Australia: access versus protest.

Currently in Australia anti-choice protesters' right to freedom of speech and freedom to protest is privileged over a woman's right to privacy and to access a health service safely, free from harassment, intimidation and obstruction. This article considers how this situation is played out daily at one Victorian abortion-providing clinic. The Fertility Control Clinic was thrown into the spotlight after the murder of its security guard by an anti-choice crusader in July 2001. Australian common law appears not to offer women protection from anti-choice protesters. By contrast, United States and Canadian "bubble" legislation sits comfortably with key constitutional rights. It would be a useful development if Australian governments passed legislation to ensure the rights, wellbeing and safety of Australian women accessing health services. Such legislation would be another step away from the misogynistic and androcentric values once central to our legislative framework.

Abortion, Induced↗
PubMed2004

Maternal brain death, pregnancy and the foetus: the medico-legal implications for Ireland.

This paper examines some of the medico-legal issues that arose as a result of a situation which occurred in May 2001 in Ireland when a woman who was a British citizen and who was fourteen weeks pregnant collapsed and suffered a brain haemorrhage. She was taken to hospital where she was placed on life support but declared brain-dead. As a result of the uncertainty regarding the hospital's obligation to the foetus, life-support was maintained until further opinion was sought. After two weeks the foetus died and life support was only then discontinued. In Ireland there currently exists neither medical guidelines nor legislation to regulate such areas of medical practice. Also, the courts have not had the opportunity to comment on this particular matter and thus there exists widespread concern as to how healthcare providers will act if such situation were to occur again in the future. This article examines the following difficult medico-legal implications that arise from the above situation and especially in light of the constitutional protection of the unborn child in Ireland.

Brain Death↗