Professional Standards, Clinical Guidelines and Medical Liability: A Chance for Significant Improvement in Determining the Standard of Care? (Advance Article)
Source:Page Count 20Despite the proposals to jettison fault/negligence as the fundamental criterion of imputation of medical liability, it remains at the core of most legal systems. At European level, the rise of cross-border healthcare has brought the issue of redress for medical malpractice and the need to enhance quality of care through the adoption of quality and safety standards to the fore. Furthermore, the necessity of best available external evidence to inform approaches to individual patient care is gradually acknowledged. In addition, clinical guidelines become an increasingly familiar part of clinical practice. ...
Source: European Journal of Health Law - February 12, 2018 Category: Medical Law Authors: Athanasios Panagiotou Source Type: research
European Governance of Health Systems. It Takes Two to Tango: The Council of Europe and the European Union
Source:Page Count 11 (Source: European Journal of Health Law)
Source: European Journal of Health Law - February 12, 2018 Category: Medical Law Authors: Henriette D.C. Roscam Abbing Source Type: research
Stephen W. Smith, John Coggon, Clark Hobson, Richard Huxtable, Sheelagh McGuinness, Jos é Miola, and Mary Neal
Source:Page Count 3 (Source: European Journal of Health Law)
Source: European Journal of Health Law - January 16, 2018 Category: Medical Law Authors: Bernadette Richards Source Type: research
The Welsh Transplant Incident (Advance Article)
Source:Page Count 13Hughes and Stuart ’s shocking and unexpected deaths from the transplant treatments they received at Cardiff’s University Hospital of Wales could, in Lord Denning’s terminology, be described as ‘a most extraordinary chapter of accidents’. As Hughes and Stuart’s transplant treatments were based on expanded criteria donor kidneys, their deaths underscore not only the perennial problem of organ shortage in England and Wales which necessitates the clinical use of ‘high risk’ organs; but also, their deaths invite a re-examination of some of the ethical and legal issues involved in transplantat...
Source: European Journal of Health Law - January 16, 2018 Category: Medical Law Authors: Remigius N. Nwabueze Source Type: research
I. Glenn Cohen, Holly Fernandez Lynch and Christopher T. Robertson (Advance Article)
Source:Page Count 6 (Source: European Journal of Health Law)
Source: European Journal of Health Law - January 10, 2018 Category: Medical Law Authors: Kathryn Langdon MacKay Source Type: research
Disorders of Consciousness: Is a Dichotomous Legal Approach Justified?
This article seeks to highlight the duality that exists in the legal decision-making process in England and Wales, and question the justifiability and sustainability of this dichotomous approach in the light of medicine ’s current understanding on disorders of consciousness. (Source: European Journal of Health Law)
Source: European Journal of Health Law - January 5, 2018 Category: Medical Law Authors: Richard W.M. Law and Kartina A. Choong Source Type: research
European Court of Human Rights*
Source:Volume 24, Issue 1, pp 105 - 112 (Source: European Journal of Health Law)
Source: European Journal of Health Law - December 2, 2017 Category: Medical Law Authors: Joseph Dute Source Type: research
Can Maternal Spindle Transfer and Pronuclear Transfer Be Prohibited under Legislation?
Source:Page Count 18The question whether maternal spindle transfer (MST) and pronuclear transfer (PNT) can be prohibited underEU legislation was examined by the non-governmental organisation European Bioethics Research (EBR). It did so by submitting an official complaint to theEU Commission proposing that theUK Human Fertilisation and Embryology (Mitochondrial Donation) Regulations 2015 breached the prohibition on the modification of a person ’s germ line genetic identity of theEU Clinical Trials Directive 2001/20/EC and the new RegulationEU 536/2014. A discussion then took place, during 2016, betweenEBR and theEU Commis...
Source: European Journal of Health Law - November 25, 2017 Category: Medical Law Authors: Calum MacKellar Source Type: research
Refusing Treatment Prior to Becoming Incapacitated: Supported Decision-making as an Approach in Advance Directives (Advance Article)
Source:Page Count 19Advance directives (ADs) provide people with the opportunity to express their wishes about treatment preferences prior to becoming incapacitated. While the normative logic behindADs remain straightforward, as instruments of law they are not always effective because of questions about their validity and applicability. It is on this basis that this article attempts to resolve the legal intricacies onADs refusing treatment prior to becoming incapacitated. The author advances a thesis in support of a modification of an approach known as supported decision-making to facilitate people in makingADs. This appro...
Source: European Journal of Health Law - November 21, 2017 Category: Medical Law Authors: Hui Yun Chan Source Type: research
T.K. Hervey, C.A. Young and L.E. Bishop
Source:Page Count 6 (Source: European Journal of Health Law)
Source: European Journal of Health Law - November 9, 2017 Category: Medical Law Authors: Santa Slokenberga Source Type: research
Elizabeth Wicks
Source:Page Count 4 (Source: European Journal of Health Law)
Source: European Journal of Health Law - November 7, 2017 Category: Medical Law Authors: Rita D ’Alton-Harrison Source Type: research
Please Smoke Your E-Cigarette Proportionally
This article will tackle thePilbox case and assesses the impact of the principles of proportionality and subsidiarity on market harmonisation and health protection. It seeks to demonstrate that, contrary to the old-fashioned stream of case law on this subject, the battlefield has been shifted from the scope of Art. 114TFEU to the impact of general principles ofEU law. It then assesses how health protection increasingly permeates internal market legislations, leading to a sort of ‘paternalistic’ harmonisation. Finally, it argues that after two decades of disputes concerning tobacco products, the Court of Justice of the ...
Source: European Journal of Health Law - September 5, 2017 Category: Medical Law Authors: Marco Inglese Source Type: research
The Definition of Health and Illness between Juridification and Medicalisation: A Private/Public Interest Perspective (Advance Article)
This article addresses the interactions between medicalisation and juridification and their impact on the concepts of health and illness. Juridification, de-juridification, medicalisation and de-medicalisation are defined in many different ways and it is particularly interesting to see how they affect each other, impinging on individual freedom and contributing to shaping the definition of health and illness and their public understanding. Juridification and medicalisation are particularly affected by the shifting perceptions of the public and private interests at stake, even if the identification of the public or private ...
Source: European Journal of Health Law - July 12, 2017 Category: Medical Law Authors: Cinzia Piciocchi Source Type: research
Patients ’ Rights, Medical Error and Harmonisation of Compensation Mechanisms in Europe (Advance Article)
Source:Page Count 23In 1999 the Institute of Medicine reported that most medical injuries relate to unavoidable human error in a context of system failure. Patient safety improves when healthcare providers facilitate blame-free reporting and organisational learning. This is at odds with fault-based civil liability law, which discourages a more open (doctor-patient) communication on medical injuries. The absence of a clear-cut definition of ‘medical error’ complicates litigation and hence swift, appropriate patient compensation. No-fault systems perform better in this respect. A dual track liability system for medical m...
Source: European Journal of Health Law - July 6, 2017 Category: Medical Law Authors: Kenneth Watson and Rob Kottenhagen Source Type: research
From Privacy to Data Protection in the EU: Implications for Big Data Health Research (Advance Article)
In conclusion, we argue that a comprehensive system of data protection, including research-specific safeguards, is essential to compensate for the loss of individual control in data-intensive health research. (Source: European Journal of Health Law)
Source: European Journal of Health Law - June 16, 2017 Category: Medical Law Authors: Menno Mostert, Annelien L. Bredenoord, Bart van der Sloot and Johannes J.M. van Delden Source Type: research
