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Legal Considerations (legal + consideration)
Selected AbstractsLegal Considerations of Workplace Violence in Healthcare EnvironmentsNURSING FORUM, Issue 1 2001Yvonne McKoy RN.PhD First page of article [source] Legal considerations in cosmetic laser surgeryJOURNAL OF COSMETIC DERMATOLOGY, Issue 2 2006David J Goldberg MD Summary Cosmetic laser surgery is a continuously evolving field of medicine. According to the American Society for Dermatologic Surgery, over 100 million laser and light source cosmetic procedures were performed by its members. Procedures including hair removal, nonablative treatments, as well as removal of pigmented lesions, tattoos, and unwanted vascular lesions have revolutionized this field. With an increasing number of physicians and nonphysicians performing these procedures, and with the availability of increasingly powerful laser technologies, the potential for problems and their legal consequences continue to increase. This chapter will deal with the concept of negligence and the potential for a resultant medical malpractice that may arise in such a setting. An understanding of the basic principles of a cause of action in medical malpractice will likely protect a physician from losing such a case in a court of law. [source] The Law of the Land or the Law of the Land?: History, Law and Narrative in a Settler SocietyHISTORY COMPASS (ELECTRONIC), Issue 1 2004Bain Attwood This article considers the influence of a controversial historical work on the law, politics and society of a settler nation. It argues that the impact of Henry Reynolds's 1987 The Law of the Land on legal consideration of indigenous rights to land in Australia can be attributed to the fact that it is best described as juridical history. As such, it told a lego-historical story that provided the High Court of Australia with a new way of interpreting its own traditional narrative, which had long denied Aboriginal people their rights to land, thus enabling it to make a new determination of those rights as well as resolve a crisis of legitimacy for the law and the nation. This article also contends that this history-making came to be accepted by many settler Australians because it provided the nation with a newly redemptive, liberal myth narrative. It assesses the cost of a story of this kind, asking whether such simple histories can have an enduring effect, especially where their authors are reluctant to signpost the historical or literary form of their texts. Finally, it suggests that histories truer to the complexities of the past might produce better political and social outcomes. [source] Misrepresentations about palliative options and prognosis in motor neurone disease: some legal considerationsJOURNAL OF EVALUATION IN CLINICAL PRACTICE, Issue 1 2005Charles Foster MA(Cantab) Vet MB MRCVS Abstract If euthanasia were legalized, clinicians would be under a duty to explain to patients requesting euthanasia what the prognosis and palliative options were. Anecdotal evidence suggests that some patients suffering from motor neurone disease may request euthanasia because of a fear of choking to death. The literature indicates that with competent palliative care this is unlikely to occur. It is assumed, for the purposes of argument, that responsible clinicians would accordingly reassure patients that such a fear was unwarranted, and that such a reassurance would cause patients for whom choking was the main concern either to withdraw a request for euthanasia or not to make it in the first place. The legal consequences of both negligent and deliberate failure to represent the true prognostic and palliative situation are discussed. In the case of a deliberate failure, with the intention to induce the patient to consent to euthanasia, it is suggested that a verdict of murder would be ethically right. It is argued that such a failure is best regarded as an omission. The English law currently does not countenance the possibility of murder by omission. It is suggested that the distinction between acts and omissions, while sometimes convenient, can sometimes produce injustice, and that the distinction should not be allowed to prevent conviction for murder where this is clearly appropriate. [source] Dementia and Driving: Autonomy Versus SafetyJOURNAL OF THE AMERICAN ACADEMY OF NURSE PRACTITIONERS, Issue 10 2005Article first published online: 23 SEP 200, Charlene Hoffman Snyder MSN, NP-BC Purpose This article reviews the effects of various types of dementia on driving skills, the available assessment measures, legal considerations, and the important role played by the nurse practitioner (NP) in the process of recommending driving cessation. It provides strategies and resources that may offer guidance to NPs who are attempting to balance the continued independence of patients with dementia, as represented by driving, with the safety not only of such patients but also of the public at large. Data sources A review of the biomedical literature, resources available on the World Wide Web, and illustrative case studies were used. Conclusions The diagnosis of dementia alone is often insufficient to determine driver competence because the topographic losses of dementia are complex. Recognizing when cessation should occur is made more difficult because objective assessment tools do not exist to predict impaired driving skills. Recommending driving cessation at the appropriate time can be a challenge for NPs, who must balance such a significant impact on the driver's autonomy with concerns about public safety if the patient continues to drive despite progressive impairment. Implications for practice The progressive loss of cognitive abilities in dementia presents a series of ongoing challenges for the patient throughout the disease continuum. Unfortunately, the recommendation to stop driving can present one of the more immediate issues confronting the patient, the family, and the healthcare provider. Failure to assess diminished driving skill can lead either to premature or to delayed driving cessation. Either outcome can have adverse effects on the patient, the patient's family, and public safety. [source] Medical and legal considerations of brain deathACTA ANAESTHESIOLOGICA SCANDINAVICA, Issue 2 2004T. T. Randell Brain death was first defined in 1968, and since then laws on determining death have been implemented in all countries with active organ transplantation programs. As a prerequisite, the aetiology of brain death has to be known, and all reversible causes of coma have to be excluded. The regulations for the diagnosis of brain death are most commonly given by the national medical associations, and they vary between countries. Thus, the guidelines given in the medical textbooks are not universally applicable. The diagnosis is based on clinical examination, but confirmatory tests, such as angiography or EEG, are allowed on most occasions. Brain death is followed by cardiovascular and hormonal changes, which have implications in the management of a potential organ donor. Spinal reflexes are preserved, and motor and haemodynamic responses are frequently observed in brain dead patients. [source] Assessment of violence potential among school children: Beyond profilingPSYCHOLOGY IN THE SCHOOLS, Issue 3 2001Matthew K. Burns The increasing level of public attention to violence in American schools makes the issue a top priority among educators. School psychologists could play an important role in identifying at-risk youth, and planning appropriate individual, school, and community interventions related to school violence. However, there is limited literature examining different assessment approaches that could be used to evaluate student risk for violence. This article reviews (a) characteristics of students "at risk" for violence, (b) informal checklists and matching student characteristics to profiles of typical violent students and (c) threat assessment based on Borum et al.'s (1999) model. Ethical and legal considerations are covered as well. © 2001 John Wiley & Sons. Inc. [source] Legal and ethical considerations for genetic clinical researchQUALITY ASSURANCE JOURNAL, Issue 1 2003Judith E. Beach Abstract From the trend in modern medicine toward the study of genes and their contribution to the development of disease has evolved an increased awareness of ,the diversity of genetic fingerprints among individuals' [1]. The incorporation of this knowledge into the technologies of the pharmaceutical industry has led to the emerging field of ,pharmacogenomics'; that is, the process of identifying the differences in genetic sequences between individuals and developing therapies [2] as ,personal medicines' [3]. For example, a drug used as a muscle relaxant during surgery, suxamethonium, was found to be lethal to patients who possessed a rare version of a gene involved in nerve transmission so that now those who receive this drug are tested for this specific gene [4]. Although pharmacogenomics promises great possibilities for the future of medicine, it does involve ethical and legal considerations that must be considered. Indeed, potential misuses of genetic information, such as discrimination in obtaining health insurance and in the workplace, need to be addressed. Genetic testing practices remain more advanced than the national and international laws governing the appropriate use of genetics. Although there is no national law in the United States that specifically addresses DNA and genetic privacy, several federal regulations would apply indirectly to the protection of this information and state legislators have successfully passed numerous state laws. Professional associations and private organizations have issued several guidelines for genetic testing practices. The purpose of this report is to provide a picture of the legal and ethical ramifications of genetic testing in clinical research. The genetic testing issue is presented herein in the categories of national, international, and state laws, policies, regulations and guidelines. Copyright © 2003 John Wiley & Sons, Ltd. [source] The relationships among clinical depression, suicide, and other actions that may hasten deathBEHAVIORAL SCIENCES & THE LAW, Issue 5 2004James L. Werth Jr. Ph.D. Clinical depression and other psychological disorders have been associated with suicidal ideation, attempts, and deaths. Because of the link between suicide and mental illness, whenever discussion of "assisted suicide" arises, the possibility that major depression is affecting the decision arises. This article examines the literature on clinical depression as it relates to suicide, "assisted suicide," and other decisions that will hasten death (i.e. withholding and withdrawing treatment, terminal sedation, and voluntarily stopping eating and drinking). Ethical and legal considerations when working with individuals who are considering taking an action that would hasten death are also briefly reviewed. The article ends with practice and policy recommendations. Copyright © 2004 John Wiley & Sons, Ltd. [source] | |||||||||||||