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60 records – page 1 of 6.

Anticipatory refusals and the action of 'wrongful living'.

https://arctichealth.org/en/permalink/ahliterature180966
Source
Med Law Int. 2000;5(1):67-80
Publication Type
Article
Date
2000
Author
C. Gavaghan
Author Affiliation
Faculty of Law, University of Glasgow, UK.
Source
Med Law Int. 2000;5(1):67-80
Date
2000
Language
English
Publication Type
Article
Keywords
Advance Directive Adherence - legislation & jurisprudence
Canada
Euthanasia, Passive - legislation & jurisprudence
Great Britain
Humans
Liability, Legal
Life Support Care - legislation & jurisprudence
Malpractice
Physicians - legislation & jurisprudence
Treatment Refusal - legislation & jurisprudence
United States
Wrongful Life
Abstract
After years of debate, opinion among bioethicists and medical lawyers seems to have accepted that anticipatory refusals of medical treatment can, and furthermore should, be accorded the same legal status as contemporaneous refusals. But what would be the legal repercussions for a medic who treated an incompetent patient in contravention of such a directive? What remedies would be available to the claimant whose life had been extended contrary to his express wishes? This issue has never been explicitly addressed by the UK courts, but this paper looks at some of the conclusions and inferences we can perhaps draw from other, possible analogous areas of law. It also considers several North American cases that have addressed this issue, and asks what lessons we can learn therefrom.
PubMed ID
15040378 View in PubMed
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Biotechnology and the new property regime in human bodies and body parts.

https://arctichealth.org/en/permalink/ahliterature185219
Source
Loyola Los Angel Int Comp Law J. 2002 Jan;24(1):19-64
Publication Type
Article
Date
Jan-2002
Author
Remigius N Nwabueze
Author Affiliation
Faculty of Law, University of Toronto, Canada. remy135@hotmail.com
Source
Loyola Los Angel Int Comp Law J. 2002 Jan;24(1):19-64
Date
Jan-2002
Language
English
Publication Type
Article
Keywords
Biotechnology - legislation & jurisprudence
Cadaver
Canada
Human Body
Humans
Internationality
Liability, Legal
Ownership - legislation & jurisprudence - trends
Patents as Topic - legislation & jurisprudence
Tissue Donors
United States
PubMed ID
12769112 View in PubMed
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Canadian prescription drug importation programs contain risks for Oklahoma physicians.

https://arctichealth.org/en/permalink/ahliterature190566
Source
J Okla State Med Assoc. 2002 Apr;95(4):275
Publication Type
Article
Date
Apr-2002
Author
Linda G Scoggins
Byron K Linkous
Source
J Okla State Med Assoc. 2002 Apr;95(4):275
Date
Apr-2002
Language
English
Publication Type
Article
Keywords
Canada
Commerce - legislation & jurisprudence - organization & administration
Drug and Narcotic Control
Humans
International Cooperation
Liability, Legal
Malpractice
Oklahoma
Pharmaceutical Services - legislation & jurisprudence - organization & administration
United States
Abstract
In response to high prescription drug prices in the United States, several services have attempted to make prescription drugs available directly from Canadian pharmacies, which often can sell the drugs at a significantly cheaper price. Normally, a patient must have his physician become directly involved in this process in order to import the drugs from Canada. Although it is understandable for a physician to want to help a patient in this manner, there are several potential risks for an Oklahoma physician participating in these programs. In addition, there is significant risk the patient may not be getting the drugs prescribed.
PubMed ID
11957847 View in PubMed
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Childhood immunization: when physicians and parents disagree.

https://arctichealth.org/en/permalink/ahliterature129854
Source
Pediatrics. 2011 Nov;128 Suppl 4:S167-74
Publication Type
Article
Date
Nov-2011
Author
Joan Gilmour
Christine Harrison
Leyla Asadi
Michael H Cohen
Sunita Vohra
Author Affiliation
Osgoode Hall Law School, York University, Toronto, Ontario, Canada.
Source
Pediatrics. 2011 Nov;128 Suppl 4:S167-74
Date
Nov-2011
Language
English
Publication Type
Article
Keywords
Canada
Child
Child, Preschool
Communication
Complementary Therapies
Decision Making
Directive Counseling - ethics
Dissent and Disputes
Ethics, Medical
Health Knowledge, Attitudes, Practice
Humans
Immunization - ethics - legislation & jurisprudence
Infant
Informed Consent - ethics
Liability, Legal
Male
Measles-Mumps-Rubella Vaccine
Parents
Professional-Family Relations - ethics
Treatment Refusal - ethics
United States
Abstract
Persistent fears about the safety and efficacy of vaccines, and whether immunization programs are still needed, have led a significant minority of parents to refuse vaccination. Are parents within their rights when refusing to consent to vaccination? How ought physicians respond? Focusing on routine childhood immunization, we consider the ethical, legal, and clinical issues raised by 3 aspects of parental vaccine refusal: (1) physician counseling; (2) parental decision-making; and (3) continuing the physician-patient relationship despite disagreement. We also suggest initiatives that could increase confidence in immunization programs.
PubMed ID
22045859 View in PubMed
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Complementary and alternative medicine practitioners' standard of care: responsibilities to patients and parents.

https://arctichealth.org/en/permalink/ahliterature129850
Source
Pediatrics. 2011 Nov;128 Suppl 4:S200-5
Publication Type
Article
Date
Nov-2011
Author
Joan Gilmour
Christine Harrison
Leyla Asadi
Michael H Cohen
Sunita Vohra
Author Affiliation
Osgoode Hall Law School, York University, Toronto, Ontario, Canada.
Source
Pediatrics. 2011 Nov;128 Suppl 4:S200-5
Date
Nov-2011
Language
English
Publication Type
Article
Keywords
Adolescent
Back Pain - complications - etiology
Canada
Child
Chiropractic - ethics - legislation & jurisprudence
Complementary Therapies - education - ethics - legislation & jurisprudence - standards
Government Regulation
Humans
Informed consent
Liability, Legal
Male
Manipulation, Chiropractic - ethics
Patient Safety
Pediatrics
Standard of Care - ethics - legislation & jurisprudence
Testicular Neoplasms - complications - diagnosis
United States
Abstract
In this article we explain (1) the standard of care that health care providers must meet and (2) how these principles apply to complementary and alternative medicine practitioners. The scenario describes a 14-year-old boy who is experiencing back pain and whose chiropractor performed spinal manipulation but did not recognize or take steps to rule out serious underlying disease-in this case, testicular cancer--either initially or when the patient's condition continued to deteriorate despite treatment. We use chiropractic care for a patient with a sore back as an example, because back pain is such a common problem and chiropracty is a common treatment chosen by both adult and pediatric patients. The scenario illustrates the responsibilities that complementary and alternative medicine practitioners owe patients/parents, the potential for liability when deficient care harms patients, and the importance of ample formal pediatric training for practitioners who treat pediatric patients.
PubMed ID
22045864 View in PubMed
Less detail

Concluding comments: maximizing good patient care and minimizing potential liability when considering complementary and alternative medicine.

https://arctichealth.org/en/permalink/ahliterature129849
Source
Pediatrics. 2011 Nov;128 Suppl 4:S206-12
Publication Type
Article
Date
Nov-2011
Author
Joan Gilmour
Christine Harrison
Sunita Vohra
Author Affiliation
Osgoode Hall Law School, York University, Toronto, Ontario, Canada.
Source
Pediatrics. 2011 Nov;128 Suppl 4:S206-12
Date
Nov-2011
Language
English
Publication Type
Article
Keywords
Adolescent
Canada
Child
Communication
Complementary Therapies - education - ethics - legislation & jurisprudence - standards
Decision Making - ethics
Dissent and Disputes
Health Policy
Hospitals - ethics - standards
Humans
Informed Consent - ethics - legislation & jurisprudence
Interpersonal Relations
Liability, Legal
Parents
Patient Safety
Pediatrics - ethics - legislation & jurisprudence - standards
Quality of Health Care
Referral and Consultation - ethics - legislation & jurisprudence
Standard of Care
United States
Abstract
Our goal for this supplemental issue of Pediatrics was to consider what practitioners, parents, patients, institutions, and policy-makers need to take into account to make good decisions about using complementary and alternative medicine (CAM) to treat children and to develop guidelines for appropriate use. We began by explaining underlying concepts and principles in ethical, legal, and clinical reasoning and then used case scenarios to explore how they apply and identify gaps that remain in practice and policy. In this concluding article, we review our major findings, summarize our recommendations, and suggest further research. We focus on several key areas: practitioner and patient/parent relationships; decision-making; dispute resolution; standards of practice; hospital/health facility policies; patient safety; education; and research. Ethical principles, standards, and rules applicable when making decisions about conventional care for children apply to decision-making about CAM as well. The same is true of legal reasoning. Although CAM use has seldom led to litigation, general legal principles relied on in cases involving conventional medical care provide the starting point for analysis. Similarly, with respect to clinical decision-making, clinicians are guided by clinical judgment and the best interests of their patient. Whether a therapy is CAM or conventional, clinicians must weigh the relative risks and benefits of therapeutic options and take into account their patient's values, beliefs, and preferences. Consequently, many of our observations apply to conventional and CAM care and to both adult and pediatric patients.
PubMed ID
22045865 View in PubMed
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60 records – page 1 of 6.