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At least 919 records · Page 51Linked to original sources
PubMed1992

[Abortion in the penal code].

Before discussing the change of legal norms it is necessary to know the actual law. The paper shows the West-German penal code and it's application in respect of the pregnant women, the physician and third persons.

Abortion, Legal↗
PubMedDate not supplied

[Assisted dying--death on demand: borderline between medicine and law].

In medicine and law the ethical values confront one another: "death with dignity" ("allowing to die") versus the "right to life" ("preservation of life"). An individual's right to self-determination conflicts with the physician's obligation to preserve life. The problematic is discussed from the standpoints of both medicine and law, and current developments in the medical profession and legal practice are presented.

Aged↗
PubMed1993

Medical decisions under uncertainty.

The court applies the criteria of the reasonable doctor and common practice in order to consider the behaviour of a defendant physician. The meaning of our demand that the doctor expects that his or her acts or omissions will bring about certain implications is that, according to the present circumstances and subject to the limited knowledge of the common practice, the course of certain events or situations in the future may be assumed in spite of the fog of uncertainty which surrounds us. The miracles and wonders of creation are concealed from us, and we are not aware of the way and the nature of our bodily functioning. Therefore, there seems to be no way to avoid mistakes, because in several cases the correct diagnosis cannot be determined even with the most advanced application of all information available. Doctors find it difficult to admit that they grope in the dark. They wish to form clear and accurate diagnoses for their patients. The fact that their profession is faced with innumerable and unavoidable risks and mistakes is hard to swallow, and many of them claim that in their everyday work this does not happen. They should not content themselves by changing their style. A radical metamorphosis is needed. They should not be tempted to formulate their diagnoses in 'neutral' statements in order to be on the safe side. Uncertainty should be accepted and acknowledged by the profession and by the public at large as a human phenomenon, as an integral part of any human decision, and as a clear characteristic of any legal or medical diagnosis.(ABSTRACT TRUNCATED AT 250 WORDS)

Humans↗
PubMed1999

[Medico-legal dimension of informed consent in medicine].

The practice of the medical arts is more and more becoming framed by laws and regulations. Concurrently, the civil liability in the medical field has also been deeply changed, in particular by reversing the charge of proof of the information given to the patient. After having been reminded of the place in the juridical arsenal of informed consent to a medical procedure, its value is discussed regarding the explanations given by the physicians. Guidelines for a forensic appraisal, with the aim of evaluating and appreciating the information received by the patient, are proposed. Recent judiciary decisions about refusal of care, especially blood transfusions, are discussed.

France↗
PubMed1999

Legal issues in the delivery of alternative medicine.

As use of alternative therapies grows, there appears to be heightened concern among health care professionals about the liability implications of delivering these therapies. Little is known about malpractice law in this area. We begin by reviewing the type and frequency of claims brought against alternative medicine practitioners and by analyzing the standard of care to which these practitioners are held when sued. Next we turn to the standard of care question as it relates to physicians (MDs/DOs) who incorporate alternative therapies into their practices. Few cases have addressed this question to date. We argue, however, that when courts decide cases at the intersection between conventional and alternative medicine, they may judge conduct according to standards enunciated by: 1) alternative medicine practitioners who regularly deliver the treatment at issue, 2) physicians who have established similar practices, or 3) conventional practitioners. This latter possibility should be taken seriously; it raises troubling questions for physicians at the outset of the negligence inquiry. Available case law highlights the importance of ensuring that patients are fully informed about any alternative therapies they elect to receive, as well as any conventional treatments they may be foregoing, and that patients expressly consent to treatment in light of this information, preferably in writing.

Complementary Therapies↗
PubMed1980

Five rules to help trustees avoid liability.

Although the legal duties and obligations of hospital trustees are substantial, the threat of personal liability should not cause trustees undue concern. Simple honesty and sound business judgment will enable trustees to avoid most liability issues.

Ethics, Professional↗