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At least 19 recordsLinked to original sources
PubMed1997

Assessing the criminal responsibility of individuals with multiple personality disorder: legal cases, legal theory.

This article discusses the criminal responsibility of individuals diagnosed with multiple personality disorder (MPD). First, it reviews how courts understand and assess criminal responsibility. Second, it gives an overview of how courts have applied the doctrine of criminal responsibility to individuals with MPD. Third, it explains what legal theorists say about this question. Finally, it uses a case example to illustrate how various theorists would assess the responsibility of a criminal defendant with MPD.

Criminal Law↗
PubMed2003

A placebo for the pain: a medico-legal case analysis.

OBJECTIVES: The objectives of this medico-legal case report are to consider the current status of the use of placebos in pain medicine from clinical, ethical, and legal perspectives. The focus of the analysis is a particular case in which the deceptive use of placebo pain therapy on an adolescent gave rise to professional grievances filed by the patient's mother against the physician who ordered and several nurses who administered the placebo. The medical board declined to take disciplinary action against the physician, and disciplinary action by the board of registered nursing against the nurses was successfully challenged by two of the charged nurses in an administrative review. While there is a growing literature that challenges the need for or justification of the deceptive use of placebos, the practice continues and, as the case under consideration indicates, retains some influential supporters. DESIGN: This is a case report from a community hospital. The patient, referred to here as KC, was an adolescent with migraine headaches. The substitution of a placebo (saline solution) for an opioid analgesic (morphine) was made during KC's treatment. RESULTS: The patient's pain subsided sufficiently following the administration of a placebo to permit his discharge from the hospital. The subsequent discovery by the patient's mother of the deceptive use of a placebo prompted her to file charges of professional misconduct against the treating physician and three nurses with their respective professional licensing boards. The medical board declined to take disciplinary action against the physician, and the disciplinary action by the board of registered nursing was successfully challenged in a ruling by an administrative law judge following a hearing in which expert witnesses took conflicting positions on the acceptability of the deceptive use of a placebo. CONCLUSION: While there is a developing literature that challenges the ethical legitimacy of the deceptive use of placebos in pain medicine, that literature has yet to be recognized as unqualifiedly setting the standard of care or of professionalism in medicine and nursing.

Adolescent↗
PubMed1998

Tossed on the horn of humerus: a legal case report.

Radiological cases constituted 2% of the total number of legal cases in Sweden during 1996. The young man in this report accused a radiologist of having missed a fracture 7 years earlier based on a new radiology examination and report. In reality the latter report was incorrect and the patient had a rare exostosis that explained the clinical signs and symptoms. The alleged fracture was an epiphyseal line to a non-unified ossification centre at the tip of the unique exostosis.

Adolescent↗
PubMed2000

Early legal cases on appeal that became case law for osteopaths and chiropractors.

This is a limited chronology of some early legal cases wherein doctors of osteopathy and chiropractic were charged with practicing without a license prior to legalization of their respective professions. This is followed by appeals of their guilty verdicts to higher courts for what they hoped would be a favorable verdict. Not all medical-practice acts contained identical language to thwart empiricism in states, thus court verdicts became pivotal for future trials, to appeals, as case law examples of statue interpretation by the same or other states.

Chiropractic↗
PubMed2000

A review of violence and personal injury legal cases in psychiatric and mental health nursing to identify a practical framework for risk assessment.

Legal cases were analyzed that involved violence resulting in staff injury, patient assaults on staff, accidents involving the elderly, and patient self harm or injury where there was also an alleged breech in the duty of care. The study resulted in recommendations for: improved systems of work, including a practical framework to anticipate and recognize risk, with a case management approach to individual care, and supervisory procedures for vulnerable staff, explicit consent from patients and carers, and integrated recording of interdisciplinary methods for care.

Humans↗
PubMed1991

Legal cases involving birds: the role of the veterinary surgeon.

Since the passing of the Wildlife and Countryside Act 1981, veterinary surgeons have had an increasingly important role to play in legal cases concerning wild animals, especially birds. This paper proposes guidelines for those who may be asked to investigate birds clinically, to carry out post mortem examinations or to perform laboratory tests. The importance of developing and using standard techniques is emphasised and attention is drawn to the need for more detailed research in the field of avian forensic pathology.

Animals↗
PubMed2004

[Legal questions in radio-oncology. Demands on patient information and documentation of the therapy with examples of current legal cases concerning specialization in radiotherapy/radio-oncology].

BACKGROUND: In recent years, also due to the media, the medical information a physician gives to his patients, the methods of medical treatment and their consequences have increasingly come to the attention of the general public. As a result, to avoid claims for compensation because of faulty treatment or even to evade prosecution, the demands on medical information given before or during treatment are getting greater and greater. Generally, claims for compensation are not based on the accusation of wrong treatment, because this accusation is difficult to prove. As a rule-as a way out of difficulties-these claims for compensation are based on the accusation of mistaken or incomplete information, because if one cannot prove any wrong treatment, faulty information can (nearly) always be proven. METHODS: Methodically, showing the principles that must be followed when giving information on radiotherapy and when documenting it, also taking examples of current legal cases into account. Short survey of the question of liability and the future importance of principles for medical treatment. CONCLUSION: Every attending physician should feel obliged to pay attention to legal questions concerning medical subjects, though judgments on the contents and the extent of the information that must be given to patients are complex and difficult to understand for anybody not experienced in law. Only so the ever-increasing tendency of people to try to make financial profit on information that they consider mistaken or incomplete can be opposed and a lawsuit can be won, if it cannot be avoided.

Consent Forms↗