NYT, 21 October 2017
Author: Christina Caron
“An undocumented 17-year-old caught in a legal standoff with the federal government must further delay plans for an abortion after an appeals court ruled on Friday that the Department of Health and Human Services had 11 days to find a sponsor to take custody of the teenager.”
Find article here.
Category Archives: Legislation & jurisprudence
Oregon’s Death With Dignity Act: 20 Years of Experience to Inform the Debate
Ann Intern Med. 2017;167(8):579-583.
Authors: Katrina Hedberg, Craig New
“Twenty years ago, Oregon voters approved the Death With Dignity Act, making Oregon the first state in the United States to allow physicians to prescribe medications to be self-administered by terminally ill patients to hasten their death. This report summarizes the experience in Oregon, including the numbers and types of participating patients and providers. These data should inform the ongoing policy debate as additional jurisdictions consider such legislation.”
Find article here.
Historic euthanasia laws pass Victoria’s lower house after marathon sitting
SMH, 20 October 2017
Authors: Benjamin Preiss, Noel Towell
“After four days, 141 proposed amendments and a gruelling 26-hour marathon sitting, historic voluntary euthanasia laws have passed Victoria’s lower house.”
Find article here.
Ethics and the Legalization of Physician-Assisted Suicide: An American College of Physicians Position Paper
Ann Intern Med. 2017;167(8):576-578.
Authors: Lois Snyder Sulmasy, Paul S. Mueller; for the Ethics, Professionalism and Human Rights Committee of the American College of Physicians
“Calls to legalize physician-assisted suicide have increased and public interest in the subject has grown in recent years despite ethical prohibitions. Many people have concerns about how they will die and the emphasis by medicine and society on intervention and cure has sometimes come at the expense of good end-of-life care. Some have advocated strongly, on the basis of autonomy, that physician-assisted suicide should be a legal option at the end of life. As a proponent of patient-centered care, the American College of Physicians (ACP) is attentive to all voices, including those who speak of the desire to control when and how life will end. However, the ACP believes that the ethical arguments against legalizing physician-assisted suicide remain the most compelling.”
Find position paper here.
Firearm Surrender Laws: Prompting Promise for Women’s Health
Ann Intern Med. 2017;167(8):591-592
Authors: Joslyn Fisher, Amy Bonomi
“Homicide is a leading cause of death in women of childbearing age. Further, more than half of female homicides with a known perpetrator are committed by a current or former intimate partner. Firearm access in the home exacerbates the risk for homicide by an intimate partner. Although federal legislation, such as the Violence Against Women Act, restricts domestic abusers’ access to firearms, state and local implementation of these regulations is highly variable.”
Find article here.
Ahmad v Medical Board of Australia (Review and Regulation) [2017] VCAT 1646
Decision date: 11 October 2017
“Review and Regulation List – Immediate Action against a medical practitioner– Summary suspension of applicant’s Alaskan medical licence – whether practitioner’s registration has been suspended under the law of another jurisdiction –whether reasonable belief that because of his performance or conduct the practitioner poses a serious risk to persons and it is necessary to take immediate action to protect public health or safety – conduct relating to practitioner’s prescribing of controlled substances including opioids while in practice in Alaska –whether practitioner can be permitted to work only as an anaesthesiologist or whether suspension is the minimum regulatory action required – decision of the respondent affirmed – Health Practitioner National Law ss 3(3)(c), 155, 156(1)(a), 156(1)(d).”
Find decision here.
Victorian woman fined $20,000 for posing as a psychologist and a general practitioner
Medical Board of Australia, 10 October 2017
“A court has fined a Victorian woman $20,000 without conviction and ordered her to pay $10,000 in costs for holding out as a psychologist and as a general practitioner. It followed her treatment of patients as a psychologist while not registered to do so under the National Law.”
Find report here.
Pere v Central Queensland Hospital and Health Service [2017] QCA 225
Decision date: 6 October 2017
“PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – MEDICAL PRACTITIONERS – LIABILITY IN TORT – GENERAL PRINCIPLES – where the applicant was employed by the respondent – where the applicant was acting unusually while at work – where a co-worker escorted the applicant to the Emergency Department – where medical staff believed the applicant to be either under the influence of alcohol or illicit drugs, or suffering from a medical condition that would require urgent attention – where a doctor discussed the taking of blood and urine samples with the applicant – where the hospital staff reported the applicant was calm and co-operative and that consent was obtained prior to the taking of the samples – where the applicant claims no consent was given…’.
Find decision here.
Patients’ Experiences With Communication-and-Resolution Programs After Medical Injury
JAMA Intern Med. Published online October 09, 2017
Authors: Jennifer Moore, Marie Bismark, Michelle M. Mello
“Dissatisfaction with medical malpractice litigation has stimulated interest by health care organizations in developing alternatives to meet patients’ needs after medical injury. In communication-and-resolution programs (CRPs), hospitals and liability insurers communicate with patients about adverse events, use investigation findings to improve patient safety, and offer compensation when substandard care caused harm. Despite increasing interest in this approach, little is known about patients’ and family members’ experiences with CRPs.”
Find article here.
IN THE MATTER OF ED (Mental Health) [2017] ACAT 84
Decision date: 18 October 2017
“MENTAL HEALTH – authorisation of short-term involuntary detention for immediate treatment, care or support – statutory preconditions for initial detention by a doctor for 3 days – Tribunal order extending the period of involuntary detention for a period not longer than an additional 11 days – Tribunal review of involuntary detention under section 85 of the Mental Health Act – relevant conditions and when they must apply for exercise of discretionary power.”
Find decision here.