Health Law

Modern biotechnologies are among the reasons explaining the new focus on the idea of human dignity in public, political and scientific discourses. Topics being debated range from assisted reproduction, cloning, genetic diagnostics and genetic intervention, neuroprosthetics, cyborgs or artificial life all the way to visions of 'transhumanism' or 'posthumanity'. With their potential for bringing about radical transformations, advanced biotechnologies are forcing the notion and boundaries of what is human to be revisited. The biological foundations of humankind are more and more accessible , can be modified in a targeted way, and thus become the object of decisions. Naturalistic self-descriptions are being questioned and replaced by forms of description which are explicitly culturally constructed. We have to rethink the very question of what it means to be human and how we are to construct human boundaries or the difference between human beings and their environment. This creates a new background for the nor-mative concepts of human rights, rights of the individual and human dignity. Through reference to the dignity of a human being and to the idea of dignity, the concept of human dignity implies notions attached to what constitutes being human. This fundamental meaning is supported by the multifarious traditions of human dignity, by its function as a key concept in interdisciplinary debates and not least by its prominent status in legal texts and discourses. Views of the role of human dignity, though, could not be more divergent. The conviction that dignity is an essential norma-tive concept is juxtaposed with criticism that it is useless, nebulous, incoherent or even reactionary.

Relational theory starts from an understanding of human selves as relational. This theory informs some significant current developments in the areas of philosophy, ethics and legal theory that re-envision key concepts including autonomy, equality, rights, justice, memory, trust, judgment and identity. In this paper we introduce relational theory and begin to explore some of its implications for health law and policy. In doing so, we hope to show the relevance of each field to the other and to persuade those interested in health law and policy to take up the challenge to pursue the transformative potential of relational theory through their work.

Background: Some patients do not receive adequate pain and symptom relief at the end of life, causing distress to patients, families and healthcare professionals. It is unclear whether undertreatment of symptoms occurs, in part, because of nurses’ concerns about legal and/or disciplinary repercussions if the patient dies after medication is administered. Aim: The aim was to explore nurses’ experiences and knowledge of the law relating to the provision of end-of-life pain and symptom relief. Design: Semi-structured interviews with nurses were assessed using a six-stage hybrid thematic analysis technique. Setting/participants: Four face-to-face and 21 telephone interviews were conducted with nurses who routinely prescribed and/or administered pain and symptom relief to patients approaching the end of their lives in Queensland and New South Wales, Australia. Results: While many nurses had no personal experiences with legal or professional repercussions after a patient had died, the fea...

Constitutional Guarantees of Information Privacy Protection in Light of New Technologies Development The development of new information technologies has contributed to a significant change in the methods of collection, processing and transfer of various kinds of personal data. Mass aggregation of the data and invention of cloud computing affected the flow of personal data. These developments create challenges for the privacy protection. The article contains an analysis of the constitutional standard of privacy protection, particularly with regard to the processing of personal information. Part of the article is devoted to the analysis of the permissible limitations to the right to privacy and legislative process in which those limitations are developed.

Inspired by a notion that machines can emulate human touch, the paper first examines the adoption of surgical robots in operating rooms at the global and local levels. The adoption of the technology has occurred almost concurrently in many countries without much time lag, and this near-simultaneous acceptance of the technology invites us to rethink technological supremacy in relation to patient care in the field of surgery. With focus on the da Vinci surgical system, this paper presents social and ethical implications of how (not) to regulate robotic surgery with potential and invisible risks with respect to patient care. Based on documentary analysis of news media in combination with literature review of medical journals, Korean news media, and Korean technology assessment reports on surgical robots, the paper explores how prevalently the idea of social progress is embedded in the promotion of advanced technology at the societal and governmental levels. I contend that the ideology ...

Amidst an explosion in digital health product investment, increasingly frequent cybersecurity vulnerabilities, and a scattered regulatory framework, the digital health marketplace requires a clear, measured approach to consumer safety and data privacy. While legal and technology scholars have generally proposed increased activity in and examination of cybersecurity, neither have taken a multidisciplinary approach, leveraging both technology and law to advance a regulatory framework for the digital health market. Leveraging existing U.S. Food and Drug Administration processes with enhanced oversight will create the framework necessary to simultaneously protect patients while providing clear direction for businesses producing digital health products and services. The Federal Food, Drug, and Cosmetic Act is well-positioned to regulate cybersecurity for the United States Digital Health Marketplace.

Despite Nigeria's ratification of virtually all human rights instruments recognizing health as a human right and endorsement of the Millennium Declaration, the state of maternal health in the country remains atrocious. That the country is not on pace to meet its obligations under Millennium Development Goal (MDG) 5 (to reduce the maternal mortality ratio (MMR) by three quarters in 2015, using 1990 as a base year, and achieve univeral access to reproductive services) is no longer news. What is perhaps newsworthy and that is because of their significance to repositioning the country on course toward the MDG, are three concers, namely, the factors constratining progress to acceptable maternal health in the country; the interventions needed to reverse the status quo; and, finally, the question, thether and how human rights could play a catalytic role in the process. Addressing these concerns is the major objective of this paper.

Recently, problems associated with aging receive global attention. Growing interest in gerontology seems to stem from increase in gerontic population, their frailty/vulnerability, and principle of natural justice. According to World Health Organisation (WHO), in 2000 there were 600 million people aged sixty (60) and above in the globe; there will be 1.2 billion by 2025 and 2 billion in 2050; and today about two-thirds (this will increase to 75% by 2025) of all older people are living in the developing world, Nigeria inclusive. Studies have found correlation between old age and functional limitation, neurological diseases, physical disability among others. Recent studies in Nigeria revealed high incidences of glaucoma, dementia, falls, functional limitations, etc. among elderly people especially those from low socio-economic background in Nigeria. It is projected that by 2040 approximately 71% of persons living with dementia globally will be resident in low- and middle-income countries. Whereas studies abound on gerontology in medical and sociological fields a huge gap exists in legal context of gerontology in Nigeria. Whereas the rights of other identified vulnerable groups - children, mentally disabled, and women are widely recognized, protected and enforced worldwide, the rights of geriatric population appear forgotten especially in Nigeria. What comes to mind from this observation is: it appears that the rights of old adults are not emphasized because of wrong perception that they have outlived their productive stage and have nothing to offer to the society. In view of these circumstances, this study investigated the recognition and enforcement of gerontic health rights in Nigeria. The study also sought to establish a nexus between the health rights of the aged and sustainable national development. To achieve this, four research
purposes and questions were set. All data and information used for this study were derived from primary sources (questionnaire, interview schedule, statutes and case laws) and secondary sources (journal articles, textbooks, and newspaper, organisational, and institutional publications accessed from non-electronic materials, online databases, and other internet sources). The study adopted descriptive and analytical approach in examining international and national laws and institutional frameworks in protection of health rights of the elders. A comparative approach was used to conduct a short excursion to the laws of other jurisdictions –India, Mauritius, and Japan while an empirical approach was used in analysing the first limb of research question two to ascertain the recognition and enforcement of old peoples’ health rights in health, community, and court institutions, and by the aged themselves. The findings of the study were reported, among which are the backwardness of Nigeria in protection of old people’s health rights compared to three other reviewed jurisdictions (India, Mauritius and Japan); Nigeria has some laws protecting old peoples’ health rights; old people partly recognize their right to health but, unaware of the availability of opportunities instituted to foster affordable and equitable enjoyment of those rights; Nigerian courts are reluctant to enforce health rights claims except where they are tangential. The result further revealed the challenges limiting the recognition and enforcement of the aged health rights. Predictively, policy, legal, research, institutional and other recommendations were made and conclusion was drawn.

In only the second case dealing with posthumous conception in South Africa – Ex Parte SN – a woman approached the High Court seeking an urgent order allowing her to have sperm removed from the body of her comatose husband, so that she could use it for reproductive purposes after his death. This raised two separate legal issues: (i) whether gamete removal may occur where the person from whom the gametes are being removed is unable to consent; and (ii) whether gametes removed in this way could be used for posthumous conception. The court held that the woman was allowed to have the gametes removed, but did not engage with whether she could use them for posthumous reproduction. The court did not provide reasons, as this case was determined on an urgent basis. This article provides a background to this case, and analyses the main arguments surrounding each of these legal issues. It concludes that the law allows that a person who has the authority to give consent to health services on the comatose patient’s behalf may also give consent to gamete removal. However, whether these gametes may then be used for posthumous conception should be determined by a court, by balancing the various rights and legal interests at play. Three criteria that should guide a court’s determination in cases of posthumous conception are provided.

In Toombes v Mitchell (Toombes), the England and Wales High Court (Queen's Bench Division) revisited established legal principles in respect of claims for, so-called, "wrongful life": specifically, does a cause of action exist for a disabled person who asserts that they would not have been conceived and born but for the defendant's negligence?

Mindfulness is a burgeoning field of study and practice within mental health care and medicine. Yet ethical codes, and the philosophy of the therapist-client relationship, differ greatly between disciplines, and even more between those disciplines and mindfulness-based approaches. The potential for ethical dilemmas is therefore significant.

The book breaks new ground by taking a focused look at an ethics derived from contemporary clinical mindfulness practice itself. What does a secular ethics of mindfulness look like? Who is competent to work therapeutically with mindfulness, and how does one delimit areas and levels of competence? How do clinicians ethically understand the therapist-client relationship from the therapeutic position of mindfulness? And how do clinicians respond when the necessary restraints of their professional role and ethics code come into conflict with the mindfulness-based relationship and therapeutic position?

This book makes a vital contribution to the understanding of ethics as the cornerstone of mindfulness-based practice, and will be of interest to all those involved in delivering mindfulness-based interventions, including psychologists, counselors, spiritual directors, occupational therapists, physicians, nurses, and educators.

The failure to prosecute Dr Jayant Patel successfully for any of the deaths associated with his time as Director of Surgery at Bundaberg Base Hospital was received in some quarters as an abject failure of the criminal law to deal adequately with significant wrongdoing. The case itself, the multiple public inquiries and the significant expense to pursue, extradite and prosecute Patel, resulting finally in a finding of guilt on a number of minor fraud charges, seems to compound this sense of failure. This article argues otherwise. When placed within the far longer and forgotten history of the prosecution of manslaughter by criminal negligence in the Australian jurisdiction, this story of prosecutorial failure becomes instead wholly consistent with the case law over time. No adequate account of the history of prosecution in the Australian jurisdiction exists for this area of law. To present Patel in context, the article draws upon archival research to provide a significantly extended account of the history of prosecution for manslaughter in the health care context. The extension of the case law is significant, from four known prosecutions, case histories of another 33 inadequately acknowledged prosecutions are presented. CONTEXTUALISING PATEL The prosecution of manslaughter by criminal negligence or its cognate offences is a complex undertaking. Similarly, such an offence represents one of the most difficult points of interface between the law and health care. The legitimacy of any such intervention is regarded widely as unhelpful to the ongoing work of sustainably reducing preventable adverse events, forms of iatrogenic harm which arise from the actual treatment of a disease or injury rather than the underlying condition itself. 1 Despite this broadly accepted perspective in the professional literature, criminal offences of manslaughter by criminal negligence exist and are pursued. The complex case of Jayant Patel is one such instance. 2 Here the aim is to render the Patel case in a more comprehensive prosecutorial context. To do so, a revised and expanded history of prosecution in the Australian jurisdiction is presented, which expands the known prosecutions of manslaughter in the health care context from four doctors to include an additional 33. To present Patel's case in this way does not aim to efface the otherwise

Disputes about withholding and withdrawing life-sustaining treatment are increasingly coming before Australian Supreme Courts. Such cases are generally heard in the parens patriae jurisdiction where the test applied is what is in the patient’s “best interests”. However, the application of the “best interests” test, and its meaning, remains unclear in this context. To shed light on this emerging body of jurisprudence, this article analyses the Australian superior court decisions that consider an adult’s best interests in the context of decisions about life-sustaining treatment. We identify a number of themes from the current body of cases and consider how these themes may guide future decision-making. After then considering the law in the United Kingdom, we suggest an approach for assessing best interests that could be adopted by Australian Supreme Courts. We argue that the suggested approach will lead to a more structured and systematic decision-making process that better promotes the best interests of the patient.

Розглядається питання місця та ролі особливих норм, так званих «м’яких» норм міжнародного права – у регламентації
питання прав людини (пацієнта) у сфері охорони здоров’я. Звертається увага як на особливості характеру дії норм
м’якого права у міжнародному праві, так і питання їх співвідношення із національним законодавством.
Ключові слова: м’яке право, права пацієнта, охорона здоров’я, ВООЗ, Рада Європи.
Рассматривается вопрос места и роли особых норм, так называемых «мягких» норм международного права – в регламентации вопросов прав человека (пациента)
в сфере здравоохранения. Обращается внимание как на особенности характера действия норм мягкого права в международном праве, так и вопросы их соотношения с национальным законодательством.
Ключевые слова: мягкое право, права пациента, здравоохранение, ВООЗ, Совет Европы.
Place and role of the special norms, so-called «soft law» at international law, is dedicated through the issue of human rights (the patient) regulation in the health sector. Both the nature of the particular operation of soft law norms in international law, and the issues of their relationship with national law are scrutinized.
Keywords: soft law, the rights of the patient’s, healthcare, WHO, the Council of Europe.

Objective:  This paper intends to evaluate inflammatory proteins and
hematological factors  concurrently blood obtained during the
cupping and with the venous blood.
Methods:  About 30 samples of 10 men participated in this clinical
evaluative study aged between 23 and 58 years. The hematological
factors were evaluated by by KX-. Cytokines (IL-10) &  hs-CRP were
measured by a sensitive sandwich ELISA kit.
Results:  Analysis of the results showed  a significant difference  in
many of the inflammatory proteins, hematological factors between
the venous blood and the cupping blood.
Conclusion: Based on the results of the comparison between venous
blood and cupping blood, the cupping blood is different, both in
components and immunologic response.

OZOROVSKÝ, V. - VOJTEKOVÁ, I. - BANDURA, P.  - BOROVSKÝ, J.  - CAPÍKOVÁ, S.  - FÖLDESOVÁ MOTAJOVÁ, Z. - GLASA, J. - GLASOVÁ, H.  - HLAVA, P.  - CHANDOGOVÁ, E.  - KNIEŽOVÁ, J. - KOSTIČOVÁ, M. - ŠTOFKO, J.  - TESAŘ, T.  - TRIZULJAKOVÁ, J.  - VESELSKÁ, M. - ŽIARAN, S.:  Zdravotnícky manažment a financovanie. 1. vyd. Bratislava: Wolters Kluwer s. r. o., 2016. 344 s. ISBN 978-80-8168-522-4 (brož.) ISBN 978- 80-8168-523-1 (e-book).
The book in Slovak, bringing a systematic overview and exlanation of contemporary health care management and financing issues in Slovakia, such as HTA, health economy, health law, cross-boarder health care, quality management, patient safety, clinical trials, etc.

La médecine de transplantation représente un progrès médical considérable. Son succès est toutefois limité par un problème majeur, une pénurie chronique d’organes. Ce contexte de pénurie accentue davantage le rôle de l’Etat dans le domaine de la transplantation.

Qualifiant la pénurie d’organes de problème de santé publique, la présente recherche propose une réflexion sur les instruments étatiques visant à augmenter le nombre d’organes disponibles. D’une part, cet ouvrage fait état des enjeux médicaux et économiques de la médecine de transplantation et analyse les cadres juridique, sociologique et éthique du don d’organes. Sur cette base, il présente d’autre part l’idée d’une politique publique de promotion du don d’organes. Cette politique publique peut recourir à des instruments incitatifs, sous la forme de modèles de récompense au don.

La présente recherche démontre que des modèles de récompense étatiques permettent de promouvoir le don d’organes, sans toutefois remettre en cause le principe de la gratuité du don. Elle définit et évalue plusieurs modèles, fournit des exemples de mise en pratique dans d’autres pays et propose les modifications législatives nécessaires pour réaliser de tels modèles en Suisse.

Contenu :
- Enjeux médicaux et économiques de la transplantation
- Cadres juridique, sociologique et éthique du don d’organes
- Rôle de l’Etat et disponibilité des organes (perspective de santé publique et réalisation des droits fondamentaux)
- Validité du consentement et statut juridique des organes
- Modèles envisageables de récompense au don d’organes.

Much has been written about whether end-of-life law should change and what that law should be. However, the barriers and facilitators of such changes – law reform perspectives – have been virtually ignored. Why do so many attempts to change the law fail but others are successful? International Perspectives on End-of-Life Law Reform aims to address this question by drawing on ten case studies of end-of-life law reform from the United Kingdom, the United States, Canada, the Netherlands, Belgium and Australia. Written by leading end-of-life scholars, the book's chapters blend perspectives from law, medicine, bioethics and sociology to examine sustained reform efforts to permit assisted dying and change the law about withholding and withdrawing life-sustaining treatment. Findings from this book shed light not only on changing end-of-life law, but provide insight more generally into how and why law reform succeeds in complex and controversial social policy areas.

Este estudo parte da relação privada entre o médico seu paciente considerando-a
uma relação de consumo, com a aplicação das regras e princípios do Código de
Defesa do Consumidor – CDC. Caracterizada a informação como direito subjetivo do
paciente, analisa-se de que modo pode, e deve, ocorrer a materialização deste
dever pelo médico enquanto fornecedor. Assim, busca-se demonstrar que o direito à
informação constitui-se como um direito básico do paciente-consumidor, havendo
inclusive regras deontológicas que versam sobre a matéria, para, ao final, verificar
como deve ser manifestado seu consentimento para que se considere adimplida a
obrigação médica informacional segundo a doutrina especializada. Por fim, analisase
o posicionamento do Superior Tribunal de Justiça – STJ, através de estudo
pormenorizado de sua jurisprudência.

Health care services in post-independent Zimbabwe have undergone turbulence with periods of seemingly significant improvements and other periods of definite decline. This thesis looks at health-care systems in general and in particular, the way in which they are reflected through the health-care system of Zimbabwean.  Ethical issues and challenges in health care can take many forms ranging from debates and discussions on the fairness or the lack thereof in the health-care reform process, the ethics of inter-professional relationships, the ethical problems with doctor-patient relationships, the state of advocacy in health matters, and patient rights, ethical perspectives influencing discourses on health systems, the ethics of health-care funding, and debates on access to health care. This thesis reflects on the complexities of the challenges, needs and reform requirements of the Zimbabwean situation.
A critical analysis of the ethical principles, their impact on the Zimbabwe health care system, using largely the principlist approach as enunciated by Beauchamp and Childress (2013), is conducted. Other moral theories such as the social contract theory is also discussed in some detail because of its important application to issues related to health care. A whole chapter is dedicated to the principle of distributive justice and its relevance and implications for the health care systems in general, but also with particular relevance to the situation in Zimbabwe.  Lack of or inadequate insurance is the biggest economic hurdle in accessing health care in many low income countries. There are two main arguments, which appear to support some sort of moral right to a health care funded by the government – “the collective social protection” and the “fair opportunity arguments” (Beauchamp & Childress, 2013). Both of these arguments are discussed in detail. Right to health and right health care are two concepts which confuse a lot of readers because they are close but refer to different dimensions of the concept of health. They are discussed with a particular emphasis on the ethical issues involving allocation of health resources, rationing and setting of priorities. This thesis winds up by looking at the possible solutions to the health crisis in Zimbabwe. The much-flaunted National Health Insurance, amongst other possible remedies, is analyzed. A list of recommendations is outlined, in the last chapter.


OPSOMMING
Gesondheidsorgdienste in post-onafhanklike Zimbabwe het turbulensie ondergaan met periodes van oënskynlik beduidende verbeteringe en ander tydperke van definitiewe afname. Hierdie tesis ontleed gesondheidsorgstelsels in die algemee, met spesiale verwysing na die gesondheidsorgstelsel van Zimbabwiese. Etiese kwessies en uitdagings in gesondheidsorg kan baie vorme van debatte aanneem, byvoordeeld besprekings oor die regverdigheid of die gebrek daaraan in die hervormingsproses vir gesondheidsorg, die etiek van interprofessionele verhoudings, die etiese probleme met doktor-pasiëntverhoudinge, die staat van voorspraak in gesondheidsake, pasiënt-regte, etiese perspektiewe wat diskoerse op gesondheidstelsels beïnvloed, die etiek van gesondheidsorgbefondsing en debatte oor toegang tot gesondheidsorg. Hierdie tesis bespreek die kompleksiteit van die uitdagings, behoeftes en hervormingsvereistes van die Zimbabwiese situasie. ‘n Kritiese analise van die etiese beginsels en die impak daarvan op die Zimbabwiese gesondheidsorgstelsel, word hoofsaaklik gebruik deur die beginsel-benadering van Beauchamp en Childress (2013). Ander morele teorieë soos die sosiale kontrakteorie word ook bespreek as gevolg van die belangrike toepassing daarvan op probleme wat verband hou met gesondheidsorg. 'n Hele hoofstuk word gewy aan die beginsel van distributiewe geregtigheid en die relevansie en implikasies daarvan vir die gesondheidsorgstelsels in die algemeen, maar ook met betrekking tot die situasie in Zimbabwe. Gebrek aan of onvoldoende versekering is die grootste ekonomiese struikelblok in die verkryging van gesondheidsorg in baie lae-inkomste lande. Daar is twee hoofargumente wat blykbaar 'n morele reg op 'n gesondheidsorg wat deur die regering befonds word - "die kollektiewe sosiale beskerming" en die "billike geleentheidargumente" (Beauchamp & Childress, 2013) - ondersteun. Albei hierdie argumente word breedvoerig bespreek. Reg op gesondheid en regte gesondheidsorg is twee konsepte wat baie lesers verwar omdat hulle betekenisse verwant is, maar hulle tog onderskeidelik verwys na verskillende dimensies van die konsep van gesondheid. Hulle word bespreek met spesifieke klem op die etiese kwessies wat die toekenning van gesondheidsbronne, rantsoenering en die opstel van prioriteite insluit. Hierdie tesis druk ook deur na moontlike oplossings vir die gesondheidskrisis in Zimbabwe. Die veelbelowende Nasionale Gesondheidsversekering, word onder andere ontleed. 'n Lys aanbevelings word in die laaste hoofstuk uiteengesit.

This article explores the rules governing the prevention and control of contagious diseases in occupied territory under international law. Although the article refers to the ongoing Covid19 pandemic, its scope is broader and encompasses instances of state practice that have occurred over the last two centuries. After a careful analysis of the relevant treaties and episodes of state practice, the article concludes that occupying powers have duties under international humanitarian law and international human rights law to prevent and control contagious diseases, through cooperation with the local authorities and bringing the necessary medical supplies in the occupied territory. The article stresses that taking these measures, including facilitating the supply of vaccines, is a duty under international law rather than an arbitrary act of international solidarity.

The eugenics movement provided the motive for dozens of laws that remained in force for more than a century in the United States, a significant number of which specifically targeted people with disabilities for legally sanctioned discrimination. Similar laws were adopted around the world, perhaps most notably as part of Hitler’s prelude to the Holocaust. Consequently, we tend to associate the word “eugenics” with all things evil. Yet the underlying message of eugenicists was popular for so long not solely because it denoted coercive legislation but more often because it signaled a hopeful future devoid of social problems. This paper describes how the word “eugenics” is now coming back into common use, and how it has been revived in the service of political objectives, divorced from the period in which it developed and the meaning it had within its earlier historical context. The resulting distortions - directly traceable to the ongoing “culture war” over reproductive rights - sugges...

This is an experiment in applying open scholarship principles to legal research. My aim is to share research processes and materials so others can use them. This paper offers a search strategy and annotated bibliography of scholarly research concerned with law, mental health and new and emerging digital technology. I'm using this material for a literature review at present, but I am posting the material here for others to use.

Çalışmamız kapsamında “Tıbbi Uygulamalarda Ekip İş Birliği Ve Güven İlkesi” konusu incelenmiştir. Tıbbi uygulamalar, insanlığın neredeyse karanlık tarihine kadar uzanmakta ve insanlığın gelişimiyle beraber gelişmekte ve genişlemektedir. Hekimin doğal lider olarak kabul edildiği tıbbi uygulamaların, tek bir hekimin yetemeyeceği ölçüde gelişmesi sonucu, uzmanlaşma artarken iş birliği de ortaya çıkmıştır. Kişi ve toplum sağlığı için hizmet veren tıp profesyonelleri arasındaki iş birliği çeşitli şekillerde ortaya çıkmaktadır. Bilim ve teknoloji kullanımının artmasıyla tıp profesyonelleri arasında ortaya çıkan uzmanlaşma ve farklılaşma şeklindeki ayrışma nedeniyle bu meslekler birbirinden uzaklaşmış ve son derece teknik meslekler haline gelmiştir. Bu ayrışma arttıkça iş birliğine olan ihtiyaç daha da artmaktadır. Artan ayrışma ve iş birliği ihtiyacı neticesinde, tıp profesyonellerinin birbirinin davranışına güven duyarak hareket etme ihtiyacı belirmiştir. Çalışmamız, birden fazla kişinin yer aldığı tıbbi uygulamalarda ortaya çıkan sorunları belirleme, değerlendirme ve çözüm bulabilmek amacıyla gerçekleştirilmiştir. Çalışmamızda ilk olarak, yol gösterecek ve konunun daha iyi anlaşılmasını sağlayacak bazı temel kavramlar ve sonrasında tıbbi uygulamalarda görev alan meslek profesyonelleri örneklendirilmiştir. Tıpta iş birliğindeki çekirdek yapı olan ekip kavramı ele alınarak ekip içerisindeki yatay ve dikey iş birliği ve ortaya çıkabilecek hukuki durumlar incelenmiştir. Daha sonra birden fazla kişinin hareketi sonucu meydana gelen zararlarda sorumluluğun değerlendirilmesinde kullanılan güven ilkesi incelenerek, güven ilkesi ile ilgili örnekler değerlendirilmiştir.

This paper comprehensively reviews the Queensland legislation that governs decisions to withhold and withdraw life-sustaining medical treatment. It identifies a number of problems with the current law and suggests ways in which it might be improved.

There are few issues more emotional and divisive than what has become known as “the right to die.” One camp advocates the “death with dignity” approach, according to which the patient is an autonomous being who can form his or her own judgment on the timing and process of dying. The other camp advocates the sanctity of life approach, in which life is intrinsically valuable and should be sustained as long as possible. Is
there a right answer?
    In The Right to Die With Dignity, Raphael Cohen-Almagor takes a balanced approach in analyzing this emotionally charged debate, viewing the dispute uniquely from public policy and international perspectives. This book offers an interdisciplinary, compelling study in medicine, law, religion and ethics. It is, arguably, the most comprehensive book yet to be written on the fascinating question of whether physician-assisted suicide should be allowed. Cohen-Almagor delineates the distinctions between active and passive euthanasia and discusses some of the legal measures that have been invoked in the United States and abroad. He outlines the reasons non-blood relatives should be given a role in deciding a patients’ last wishes. He examines euthanasia policies in the Netherlands and the 1994 Oregon Death with Dignity Act, suggesting improvements to each. Finally, he makes a circumscribed plea for voluntary physician-assisted suicide.

El presente artículo tiene un objetivo simple y práctico: servir de disparador para el debate que debería darse sobre la relación médico-paciente y la violencia actual que la caracteriza. Y, en última instancia, también constituye un objetivo -un poco más pretensioso tal vez-, el de contribuir a la paz social.