Journal of law and medicine
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The NHS Redress Act 2006 (UK) is an example of a legislated compensation scheme for adverse health care incidents that aims to supplement the tort-based system of compensation, without going all the way to adopting a no-fault compensation system. It proposes an administrative method of providing speedier and more efficient and responsive remedies to adverse health care incidents than traditional legal proceedings. This article examines the detail of the United Kingdom policy arguments both prior to and since the passage of the legislation, as well as providing a detailed analysis of the original Bill, the parliamentary debates and the subsequent Act.
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In 1989 the first National Women's Health Policy was launched in Australia. Now, 20 years later, the Federal Government has announced plans for the development of a new National Women's Health Policy to address the health needs of Australian women. ⋯ It considers the relevance of regulatory frameworks for health research in supporting an evidence base for health interventions and analyses the requirement in the National Health and Medical Research Council's National Statement on Ethical Conduct in Human Research for "fair inclusion" of research participants. The editorial argues for a holistic approach to women's health that includes regulatory frameworks for research, identification of funding priorities for research, and the need for a dedicated government department or agency to promote women's health.
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While in most countries suicide is no longer a crime, it is also acknowledged that the state has an interest in the preservation of human life, the prevention of suicide, and the protection of vulnerable persons from harming themselves. In a civil, secular and democratic society, however, the public law principle of state protective powers has to be balanced against the private law principle of personal autonomy (personal self-determination). ⋯ Kirkland-Veenstra v Stuart [2008] Aust Torts Reports 81-936; [2008] VSCA 32, which is at present being considered by the High Court of Australia, exemplifies tensions that arise in the suicide-prevention area of jurisprudence. This article explores the powers and duties of police officers in relation to suicide prevention and the notion of mental illness by reference to the Kirkland-Veenstra case, the relevant statutory framework and the common law.
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The loss of legal competency, in the context of wills, enduring powers of attorney and advance directives, presents a challenge to individual autonomy. Both legal and medical practitioners have roles to play in determining when, and if, to infringe upon a person's sovereignty in order to provide for their protection. ⋯ It is argued here that cooperation between the legal and medical professions is essential in this area of practice. This article attempts to promote discussion of this objective by proposing therapeutic jurisprudence as a theoretical framework in which to reassess competency determinations, by reviewing the institutional structure and by suggesting that the adoption of a common and consistent terminology is essential.
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Scientists can analyse DNA to reveal our likelihood of developing certain diseases. As technology advances, it raises questions as to how much emphasis should be placed on genetic testing in the workplace. In 2008 the United States implemented the Genetic Information Nondiscrimination Act, prohibiting employers from using a person's genetic information in the workplace. ⋯ This article assesses and adds to the recommendations of this report. It argues that genetic status should be considered an inherent requirement of a job, and therefore genetic discrimination should be lawful where it may protect employees themselves, third parties at risk and in professions where it is necessary that employees be healthy in the future. However, to avoid unjustified discrimination, genetic information should only be lawfully used in the workplace where there is a very high probability that the disease will manifest within a specified number of years.