Mental condition as a defence in criminal law: a lawyer addresses medical men.
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The New York State Department of Health Medical Malpractice Insurance Database was used to determine the number and location of malpractice claims filed by residents of New York State against board certified orthopaedic surgeons between 1979 and 1993. The numbers of board certified orthopaedic surgeons, lawyers, law firms doing medical malpractice work, and malpractice claims per capita for each county were calculated. Stepwise linear regression analysis was used to determine whether the per capita rate of malpractice claims was predicted by the population density of board certified orthopaedic surgeons, law firms filing malpractice claims, or total population of lawyers. Three thousand one hundred eighty-two malpractice claims were filed during the period of interest. The per capita rate of malpractice claims did not correlate with the population density of board certified orthopaedic surgeons. The per capita malpractice claim rate, however, was significantly correlated with the population density of law firms filing malpractice claims and with the overall population density of lawyers. Orthopaedic practices located in areas with high concentrations of lawyers involved in medical malpractice litigation appear to have a higher risk of having malpractice claims filed against them than practices located in other areas.
In Brazil, until 1990, the authorities could legally arrest a child found alone in the streets, and put them in prison-like institutions. Their crime? To be poor, usually black and living on the streets. The Brazilian Center for the Defense of the Rights of Children and Adolescents (SOS Crianca) was set up a few years ago with the aim of changing this legislation. Together with other nongovernment organizations, SOS Crianca drew up new legislation, lobbied politicians and policymakers, and publicized the issue at a new Child and Adolescent Statute, based on the International Declaration of Children's Rights, was made law. Lawyers volunteered their services to SOS Crianca, making sure that young people had access to legal support, so that the new law could be put into practiced. AIDS has added to the difficulties of young people living on the streets. In 1988, using a strategy similar to the one above, SOS Crianca started to work with key organizations and the children themselves, to draw up an HIV prevention strategy for street children. As well as being threatened with violence and police arrest, these children lack a basic human right--access to health care. Public health services in Brazil do not reach the 40% of the population who live in absolute poverty, which includes young people on the streets. Preventing AIDS is seen by SOS Crianca to be just a part of promoting better health and providing overall healthcare. Educational activities will not work if children do not have access to treatment, or to basic needs like food and shelter. SOS Crianca does not employ doctors because it is not the role of nongovernment organizations to take over the state's responsibility to provide basic health care. But how can the public clinics, staffed with underpaid professionals and lacking basic equipment meet the needs of street children? Meetings were organized with different health professionals, involving those most sensitive to the problem in setting up a referral system. Little by little we made progress. One day a doctor would make the appointment timetable more flexible, and the next a nurse would come to help develop counselling sessions. This support has helped to change the attitude of other health professionals towards these young people. Now a child on the streets can be told: "Go to this hospital, and you will be well treated." Our street educators try to give the children themselves an awareness of their right to use public health care facilities. The educators work every night on the streets, giving advice and counselling and assessing the children's health problems. In the mornings and afternoons the educators go with them to the clinics or follow up with other types of referrals. SOS Crianca also has an ongoing prenatal care program for girls and an STD diagnosis, counselling and treatment program, which includes HIV/AIDS. How many young people does SOS Crianca reach? The answer is not only to do with the numbers seeking health care, but also how many clinic doors are open to them. More and more young people, not just those living on the streets where SOS Crianca works, but others in poor communities, are using the service. It is called "Health Maloca," because the children call their makeshift homes--shelters made of cardboard and newspaper--"malocas." The name also symbolizes that these young people need to find their own ways of taking more control over their bodies and lives.
The American Bar Association has three times in this century produced a code of ethics for lawyers. The movement has clearly been from a general, hortatory format to one of a statement of principles of law. In the ABA's latest effort, the problems of client confidentiality loom as the most serious and most difficult to solve. The question of ethics versus law weighs heavily in this context, and the ABA's latest resolutions of the confidentiality problems are found to be unsatisfactory.
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To a non-lawyer, references to law reports can appear confusing and complicated. This brief article attempts to explain how to decode such references and thus get to the reports. Those wishing to pursue the matter further are referred to more detailed explanations. This article deals primarily with English case law and is up to date as of December 1987.
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The author proposes a model commitment law that balances the sometimes conflicting points of view among patients, doctors, and lawyers about this subject. Paternalism is affirmed, while safeguards are provided. It is argued that absent patient incompetency to consent to or refuse treatment, or absent an emergency, mental patients should not be treated involuntarily. The author believes that a different procedural approach is required depending on whether the patient is committed under the parens patriae or police power of the state.
Lawyers' values might be considered to play some role in the decisions that are made in everyday legal practice. This study aimed to explore the effects of personal value hierarchies on ethical decision making within the context of several ethical dilemmas. A questionnaire was administered utilizing hypothetical situations presented in 11 ethical scenarios and including the Rokeach Value Survey. Logistic regression results suggested that different personal values were significant predictors of reported behavioral choices on respective ethical scenarios. However, the most important values associated with behavior consistent with ethical conduct in scenarios were 'honesty' and 'equality'. The implications of results are discussed in the contexts of ethics education in a tertiary educational environment and in relation to regulation for the professions.