The Journal of Law, Medicine and Ethics This is an RSS file. You can use it to subscribe to this data in your favourite RSS reader or to display this data on your own website or blog.

Tarasoff Duties after Newtown
(Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - April 28, 2014 Category: Medical Law Authors: Mark A. Rothstein Tags: Columns Source Type: research

Care Coordination and the Expansion of Nursing Scopes of Practice
This article conducted a review of literature and laws concerning the nursing scope of practice, as well as the outcomes of nurse‐led care coordination models. It also examined different manifestations of the controversy that arises in scope of practice debates. We argue that improved care coordination is necessary to improve outcomes and “bend the cost curve downward.” Allowing nurse practitioners and other providers to practice to the full extent of their licenses will result in improved care coordination. This can be accomplished by expanding nursing and other providers' scopes of practice. But any health care ref...
Source: The Journal of Law, Medicine and Ethics - April 28, 2014 Category: Medical Law Authors: Y. Tony Yang, Mark R. Meiners Tags: Independents Source Type: research

The “Permanent” Patient Problem
Patients who enter the health care system for acute care may become “permanent” patients of the hospital when a lack of resources precludes discharge to the next level of post‐acute care. Legal, professional, and ethical norms prohibit physician and acute care hospital “dumping” of these patients. However, limitless use of hospital resources for indefinite stays is untenable. In the absence of hospital policy addressing this specific issue, the availability of financial support will be determined by health care professionals' willingness to advocate for the patient and negotiate with hospital administrators and t...
Source: The Journal of Law, Medicine and Ethics - April 28, 2014 Category: Medical Law Authors: Courtenay R. Bruce, Mary A. Majumder Tags: Independents Source Type: research

Nonbinding Legal Instruments in Governance for Global Health: Lessons from the Global AIDS Reporting Mechanism
Recent debate over World Health Organization reform has included unprecedented attention to international lawmaking as a future priority function of the Organization. However, the debate is largely focused on the codification of new binding legal instruments. Drawing upon lessons from the success of the Global AIDS Reporting Mechanism, established pursuant to the United Nations' Declaration of Commitment on HIV/AIDS, we argue that effective global health governance requires consideration of a broad range of instruments, both binding and nonbinding. A detailed examination of the Global AIDS Reporting Mechanism reveals that ...
Source: The Journal of Law, Medicine and Ethics - April 28, 2014 Category: Medical Law Authors: Allyn Taylor, Tobias Alfoén, Daniel Hougendobler, Kent Buse Tags: Independents Source Type: research

The Public Health Workforce and Willingness to Respond to Emergencies: A 50‐State Analysis of Potentially Influential Laws
Law plays a critical role in all stages of a public health emergency, providing an infrastructure for planning, response, and recovery efforts. A growing body of research has underscored the potential for certain types of state laws, such as those granting liability protections to responders, to influence the public health workforce's participation in emergency responses. It is therefore especially important to focus on particular state‐level laws that may be associated with individuals' increased or decreased willingness to respond. We conducted a systematic identification and analysis of specific state emergency prepar...
Source: The Journal of Law, Medicine and Ethics - April 28, 2014 Category: Medical Law Authors: Lainie Rutkow, Jon S. Vernick, Maxim Gakh, Jennifer Siegel, Carol B. Thompson, Daniel J. Barnett Tags: Independents Source Type: research

Recognizing the Right Not to Know: Conceptual, Professional, and Legal Implications
This article argues for the importance of conceptual clarity in the debate about the so‐called right not to know. This is vital both at the theoretical and the practical level. It is suggested that, unlike many formulations and attempts to give effect to this right, what is at stake is not merely an aspect of personal autonomy and therefore cannot and should not be reduced only to a question of individual choice. Rather, it is argued that the core interests that can be protected by the right not to know are better conceived of as privacy interests rather than autonomy interests. This not only helps us to understand what ...
Source: The Journal of Law, Medicine and Ethics - April 28, 2014 Category: Medical Law Authors: Graeme Laurie Tags: Symposium Articles Source Type: research

The Right Not to Know and the Duty to Tell: The Case of Relatives
Obtaining and sharing genetic information when there is a potential conflict of interest between patients and their relatives give rise to two questions. Do we have a duty to find out our genetic predispositions for disease for the sake of our relatives, or do we have a right to remain ignorant? Do we have a duty to disclose our known genetic predispositions for disease to our relatives? I argue that the answer to both questions is yes, but to a lesser extent than sometimes claimed. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - April 28, 2014 Category: Medical Law Authors: Niklas Juth Tags: Symposium Articles Source Type: research

Autonomy, the Right Not to Know, and the Right to Know Personal Research Results: What Rights Are There, and Who Should Decide about Exceptions?
This paper defends the right not to know personal health information, while it discards the right of research participants to receive individual research results. Disagreement regarding the right not to know stems from two different conceptions of autonomy, leading to opposing normative conclusions. Researchers occasionally have good reason to inform research participants about incidental findings in spite of the absence of a right to know such information. Such decisions have to be made by health care personnel and researchers on a case by case basis, although external support for the decisions may be available. (Source: ...
Source: The Journal of Law, Medicine and Ethics - April 28, 2014 Category: Medical Law Authors: Gert Helgesson Tags: Symposium Articles Source Type: research

Is There a Right Time to Know? The Right Not to Know and Genetic Testing in Children
The increasing implementation of next‐generation sequencing technologies in the clinical context and the expanding commercial offer of genetic tests directly‐toconsumers has increased the availability of previously inaccessible genetic information. A particular concern in both situations is how the volume of novel information will affect the processing of genetic and genomic information from minors. For minors, it is argued that in the provision of genetic testing, their “right not to know” should be respected as much as possible. Testing a minor early in life eliminates the possibility for the minor to make use of...
Source: The Journal of Law, Medicine and Ethics - April 28, 2014 Category: Medical Law Authors: Pascal Borry, Mahsa Shabani, Heidi Carmen Howard Tags: Symposium Articles Source Type: research

Defining the Scope of Public Engagement: Examining the “Right Not to Know” in Public Health Genomics
In this article, we explore the concept of a “right not to know” on a population rather than individual level. We argue that a population level “right not to know” is a useful concept for helping to define the appropriate boundaries of public engagement initiatives in the emerging public health genomics context. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - April 28, 2014 Category: Medical Law Authors: Clarissa Allen, Karine Sénécal, Denise Avard Tags: Symposium Articles Source Type: research

INTRODUCTION: From the Right to Know to the Right Not to Know
(Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - March 1, 2014 Category: Medical Law Authors: Bartha Maria Knoppers Tags: Symposium Articles Source Type: research

Calendar
(Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - January 21, 2014 Category: Medical Law Tags: Calendar of Events Source Type: research

Conflicts of Interest and the Future of Medicine: The United States, France and Japan Marc A. Rodwin
(Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - January 21, 2014 Category: Medical Law Authors: Eric G. Campbell Tags: Book Review Source Type: research

A Place for All at the Global Health Table: A Case Study about Creating an Interprofessional Global Health Project
This essay is a reflection on the “why” and “how” of creating an interprofessional global health project, with specific focus on the challenges of incorporating law students into this type of educational activity. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - January 21, 2014 Category: Medical Law Authors: Virginia Rowthorn Tags: Columns Source Type: research

Predictive Genetic Testing of Children and the Role of the Best Interest Standard
The “best interest standard” is the guidance principle for pediatric healthcare in the United States (US) and the United Kingdom (UK). In the UK, the best interest standard may also be used as an intervention principle when parents make good but non‐ideal decisions whereas intervention in the US requires a determination of abuse or neglect. I examine whether and how the different uses of the best interest standard influence predictive genetic testing of children. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - January 21, 2014 Category: Medical Law Authors: Lainie Friedman Ross Tags: Columns Source Type: research