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At least 19 recordsLinked to original sources
PubMed2006

The application of civil commitment law and practices to a case of delusional disorder: a cross-national comparison of legal approaches in the United States and the United Kingdom.

Legal approaches to civil commitment in the United States and the United Kingdom are compared. A concise overview of the historical evolution of civil commitment in both countries precedes a discussion of the present scheme of commitment standards in each system. These current standards in U.S. and U.K. jurisdictions are then applied to a hypothetical case of delusional disorder. A discussion of the constructive use of civil commitment in patients with delusional disorder who may be dangerous focuses on its value as a preventive measure against potential harm to self or others, as well as the pros and cons of coercive assessment and treatment. Despite the many differences in approach to commitment, the authors concur that in both countries the patient with delusional disorder was committable before the commission of a serious criminal offense.

Commitment of Persons with Psychiatric Disorders↗
PubMed2003

Ethical and legal approaches to 'the fetal patient'.

The concept of fetuses being 'patients' can serve a benign protective, cautionary purpose, alerting healthcare providers and pregnant women to the implications that medical treatment can have for fetuses. The concept allows women to provide the children they intend to deliver with the care they consider appropriate. A negative effect occurs, however, if healthcare providers decide to treat pregnant women according to providers' own views of the best interests of fetuses, and compromise patients' care and self-determination without their informed consent. Some activists advocate rights of fetuses for the purpose of limiting pregnant women's self-determination. Recognition that fetuses have legitimate interests, rather than rights, is common, and opens a way to balancing various competing interests without compromising patients' rights to decide on their medical care. Courts of law generally favor this approach, and tend to allow few limits on women's choice of indicated medical care while pregnant.

Child↗
PubMed2003

Retained human tissues: a molecular genetics goldmine or modern grave robbing? A legal approach to obtaining and using stored human samples.

The widespread retention of thousands of children's organs in the UK without parental consent has met with public outrage and calls for government intervention. These issues are brought to the fore by developments in molecular genetics that allow a person's full DNA sequence to be obtained from miniscule samples. The molecular genetic testing of retained organs and human tissue can greatly benefit family members and future research, but only if proposals to alter regulation can be successfully implemented. A review of present UK regulation indicates that it is both unclear and inadequate to ensure sufficient ethical/legal safeguards to satisfy public expectations. This paper reviews the legal and ethical status of previously retained samples. It discusses whether they may be regarded as abandoned if the patient cannot be traced and then used anonymously in ethically approved research. The legal status of retained samples is discussed as regards ownership and commerciality. This raises the question of who is the next of kin to give consent if the samples are to be regarded as gifted. Present proposals risk damaging the future by too much sensitivity. Getting the balance of interests right at this juncture is vital groundwork for such beneficial medical developments.

Child↗
PubMed2000

[Treatment of a patient against his will: ethical and legal approaches].

Treating a patient against his own will presents many ethical and legal challenges. Considering the way doctors see their profession, the human rights, and the belgian and european laws, the author tries to delineate the conditions that make such a paternalist attitude acceptable. These conditions include the patient's incapacity of rational reason and the necessity of immediate management. This exception to the principle of autonomy presents some dangers and pitfalls that are recalled.

Authoritarianism↗
PubMed2005

Countermeasures to driver fatigue: a review of public awareness campaigns and legal approaches.

OBJECTIVE: Driver fatigue accounts for 10-40% of road crashes and is a critical area for public health. As other major road safety issues are more successfully managed, driver fatigue becomes proportionately more important. Both public awareness and legal developments have been slow to reach the same levels as for other road safety risks. The aim of this article is to review countermeasures for non-commercial drivers that are designed to reduce the likelihood of fatigue-related crashes through education and legislation. METHODS: This review outlines information from a wide variety of sources including governments, road safety groups and the scientific literature. Educational and legislative approaches are discussed in terms of both their effectiveness and the associated implications for public health. CONCLUSIONS: Areas for improvement in education include personalising the risk to drivers and developing simple metrics for the self-assessment of fatigue. Legal implications should be more clearly defined and specific laws are needed to more effectively prosecute fatigued drivers who cause crashes. Additional research is needed to further investigate the efficacy of available countermeasures. IMPLICATIONS: Increasingly, road traffic injury is being discussed more broadly as a public health issue. However, the specific issue of driver fatigue still receives less attention than other main causes of road crashes, despite making a significant and comparable contribution to crash rates. Countries such as Australia and New Zealand have a responsibility to counter driver fatigue, as well as other causes of road crashes, and to further pursue improvements for the benefit of public health.

Accidents, Traffic↗
PubMed2006

Medico-legal approach to sexual assault victims: the Belgian situation.

Clinical forensic medicine is a relatively new discipline in Belgium although (sexual) violence has been around for centuries. A brief overview of the Belgian legal system and the way it interacts with forensic medicine is presented, with special emphasis on the investigation of complainants of sexual violence. The epidemiology of sexual violence in Belgium is discussed together with the procedures that were developed by the government to standardise the medical examination of sexual assault victims.

Belgium↗
PubMed1993

Doctors on trial: a comparison of American and Jewish legal approaches to medical malpractice.

The recent and continual call for tort reform has many scholars proposing alternatives to current U.S. medical malpractice law. Most commentators limit their discussions to variations of the two Anglo Saxon theories of liability--negligence and strict liability. Little has been written examining the legal treatment of medical malpractice in other cultures. This article compares and contrasts Jewish and American medical malpractice law, examining both the contemporary and ancient sources of the law.

Cross-Cultural Comparison↗
PubMed2004

Therapeutic jurisprudence and sex offenders: a psycho-legal approach to protection.

Societal response to sex offenders is marked by uncertainty about whether punishment or treatment should occur. The distinction between punishment, prevention, and protection is useful to determine how best to assess, treat, and manage sex offenders within the criminal justice system. Once convicted, both law and psychology are concerned with sex offenders changing their behavior in order to protect the community. Therapeutic jurisprudence is a legal theory that aims to maximize therapeutic effects of the law and minimize anti-therapeutic consequences of the law. Therapeutic jurisprudence provides a framework to combine legal and psychological processes to balance prevention and protection. Legal and correctional practitioners can work together to address both community protection and offender protection concerns.

Community Mental Health Services↗
PubMed1994

Legal approaches to the restraint of trade of nurse practitioners: disparate reimbursement patterns.

Nurse practitioners (NPs) can face, and have faced, several challenges in the health care environment. As with the denial of hospital admitting or staff privileges, the granting of inequitable reimbursement levels by state administrative bodies, physicians, insurers, and other members of the health care community may limit NP practice. Several strategies are discussed that will demonstrate how nurse practitioners can use legal and administrative mechanisms (e.g., antitrust laws) to eliminate restraints of trade and assure the availability of more equitable direct reimbursement patterns.

Antitrust Laws↗
PubMed1985

Legal approaches to injury prevention.

Injury prevention can be achieved, but it will require a fundamental reexamination of our approach to injury causation. We must learn to examine the manufacturing and marketing practices of companies that produce the products associated with children's injuries, for these are the real culprits in our national childhood injury plague. Most importantly, we must learn to demand from industry that it take injury prevention seriously. If it refuses to do so it must face the consequences before the American system of justice. Legal advocacy can be a valuable tool in this effort. The legal system provides the means to pierce the corporate veil of secrecy and to learn how and why products are made of hazardous design. Under the light of public scrutiny, culprit companies can be made to pay the price for producing hazardous products. Only in this manner will industry be given the incentive to increase product safety.

Child↗
PubMed2005

Virological analysis in the diagnosis of sudden children death: a medico-legal approach.

Infections are considered to be an important cause of unexpected death in children. It has also been assumed that respiratory viruses are involved in the genesis of sudden infant death syndrome (SIDS). The Spanish National Institute of Toxicology and Forensic Sciences act as the forensic reference centre for Spain. We analyse the experience of this centre in the virological study of 64 cases of sudden children death where viral serology, virological cultures, herpesviruses polymerase chain reaction (PCR) and electron microscopy were performed. According to pathological findings, death could only be attributed to an adenovirus infection in one amygdalitis with upper airways stenosis and asphyxia. Human herpes virus 6 (HHV-6) was detected by PCR in one case with pathological findings characteristic of SIDS. Recent infection by respiratory syncytial virus (RSV), Epstein-Barr virus (EBV) and cytomegalovirus (CMV) were also detected. Meanwhile, 85.9% of the cases yielded negative viral results. Twenty-eight infants were finally categorised as SIDS. Pathological findings of infection were detected in 12 patients despite the negativity of viral analyses. Although viral infection is an uncommon cause of sudden children death, a complete microbiological investigation will help to solve the puzzle of SIDS. Definitive guidelines for microbiological analyses need to be updated whilst new pathogens are discovered or new techniques are implemented in order to clarify unsolved cases.

Child, Preschool↗