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Journal articles on the topic 'Healthcare Law'

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Published: 4 June 2021
Last updated: 5 February 2022

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1

Zaremski, Miles J. "Healthcare facilities law." Journal of Legal Medicine 13, no. 1 (March 1992): 123–27. http://dx.doi.org/10.1080/01947649209510878.

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2

Mead, John. "Healthcare and Law Digest." Clinical Risk 13, no. 1 (January 2007): 39–42. http://dx.doi.org/10.1258/135626207779598337.

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3

Mead, John. "Healthcare and Law Digest." Clinical Risk 20, no. 3 (May 2014): 76–80. http://dx.doi.org/10.1177/1356262214529692.

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4

Rougé-Maillart, C., N. Jousset, and M. Penneau. "Healthcare law in France: towards healthcare emancipation for minors." Medicine, Science and the Law 47, no. 1 (January 2007): 27–30. http://dx.doi.org/10.1258/rsmmsl.47.1.27.

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5

Dimond, Bridgit. "Specialist healthcare law: palliative care." British Journal of Nursing 15, no. 3 (February 2006): 156–57. http://dx.doi.org/10.12968/bjon.2006.15.3.20514.

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6

Fraher, Anthony. "Managing Risk in Healthcare – Law and Practice Managing Risk in Healthcare – Law and Practice." Nursing Standard 17, no. 11 (November 27, 2002): 29. http://dx.doi.org/10.7748/ns2002.11.17.11.29.b242.

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7

Semina, T. V. "Sociology and law in modern healthcare." Bulletin of Bakoulev Center "Cardiovascular Diseases" 19, no. 1 (2018): 28–36. http://dx.doi.org/10.24022/1810-0694-2018-19-1-28-36.

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8

Haines, Daniel H. "Healthcare Decision-Making and the Law." Medico-Legal Journal 79, no. 2 (June 2011): 73. http://dx.doi.org/10.1258/mlj.2011.011008.

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9

Klepner, Jerry, and Briana Nord. "Healthcare reform legislation signed into law." Dialysis & Transplantation 39, no. 6 (June 18, 2010): 268. http://dx.doi.org/10.1002/dat.20455.

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10

Evans, David. "Contributing to Healthcare and Law Digest." AVMA Medical & Legal Journal 5, no. 2 (March 1999): 73. http://dx.doi.org/10.1177/135626229900500211.

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11

Evans, David. "Contributing to Healthcare & Law Digest." AVMA Medical & Legal Journal 5, no. 4 (July 1999): 152. http://dx.doi.org/10.1177/135626229900500416.

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12

Du Bois-Pedain, Antje. "SEEKING HEALTHCARE ELSEWHERE." Cambridge Law Journal 66, no. 1 (March 2007): 44–47. http://dx.doi.org/10.1017/s0008197307000359.

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13

Bateman, Chris. "Another law change prevents proper healthcare delivery." South African Medical Journal 105, no. 4 (March 11, 2015): 244. http://dx.doi.org/10.7196/samj.9553.

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14

Loff, Bebe, and Jennifer W. Majoor. "Healthcare rationing, patient rights and the law." Medical Journal of Australia 174, no. 9 (May 2001): 472–73. http://dx.doi.org/10.5694/j.1326-5377.2001.tb143377.x.

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15

Wolfe, David, and Rachel Logan. "Public Law and the Provision of Healthcare." Judicial Review 14, no. 2 (June 2009): 210–23. http://dx.doi.org/10.1080/10854681.2009.11426605.

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16

Brent, Nancy J. "Criminal Law and the Home Healthcare Nurse." Home Healthcare Nurse: The Journal for the Home Care and Hospice Professional 11, no. 1 (January 1993): 11–12. http://dx.doi.org/10.1097/00004045-199301000-00002.

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17

Stephens, James H., Gerald R. Ledlow, Michael V. Sach, and Julie K. Reagan. "An Analysis of the Massachusetts Healthcare Law." Hospital Topics 95, no. 2 (April 3, 2017): 32–39. http://dx.doi.org/10.1080/00185868.2017.1300473.

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18

Wright, Megan S. "Dementia, Healthcare Decision Making, and Disability Law." Journal of Law, Medicine & Ethics 47, S4 (2019): 25–33. http://dx.doi.org/10.1177/1073110519898040.

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Persons with dementia often prefer to participate in decisions about their health care, but may be prevented from doing so because healthcare decision-making law facilitates use of advance directives or surrogate decision makers for persons with decisional impairments such as dementia. Federal and state disability law provide alternative decision-making models that do not prevent persons with mild to moderate dementia from making their own healthcare decisions at the time the decision needs to be made. In order to better promote autonomy and wellbeing, persons with dementia should be accommodated and supported so they can make their own healthcare decisions.
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19

Dimond, Bridgit. "Limits to the criminal law in healthcare." British Journal of Nursing 1, no. 10 (September 24, 1992): 483. http://dx.doi.org/10.12968/bjon.1992.1.10.483.

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20

Roscam Abbing, Henriette D. C. "EU Cross-border Healthcare and Health Law." European Journal of Health Law 22, no. 1 (February 5, 2015): 1–12. http://dx.doi.org/10.1163/15718093-12341348.

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21

Tingle, John, and Jean McHale. "Specialist healthcare law for nurses: an introduction." British Journal of Nursing 18, no. 1 (January 8, 2009): 38–39. http://dx.doi.org/10.12968/bjon.2009.18.1.32088.

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22

Toebes, Brigit. "Healthcare on the Battlefield." Journal of International Humanitarian Legal Studies 4, no. 2 (September 24, 2013): 197–219. http://dx.doi.org/10.1163/18781527-00402001.

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During armed conflicts healthcare workers or medical personnel often work under extremely difficult and dangerous circumstances. In such situations doctors and nurses, hospitals and medical units are at a serious risk of being attacked. Medical personnel also face complex ethical dilemmas when it comes to the treatment of patients from all sides of a conflict. This concerns military medical personnel in particular: as members of the armed forces, they face dilemmas of ‘dual loyalty’ where they may have to choose between the interests of their employer (the military) and the interests of their patients. This contribution looks at these issues from the perspectives of medical ethics, international humanitarian law (ihl), and human rights law (hrl). The article argues that the standards of medical ethics continue to apply during armed conflicts, and that during such situations medical ethics, ihl and hrl are mutually reinforcing. The principle of ‘medical neutrality’ and the human ‘right to health’ are positioned as key norms in this field. The article presents a normative framework for the delivery of health care on the battlefield in the form of a set of commitments for actors involved in the conflict, including the belligerent parties and (military) medical personnel.
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23

The Lancet Infectious Diseases. "Laying down the law on healthcare-associated infections." Lancet Infectious Diseases 8, no. 10 (October 2008): 583. http://dx.doi.org/10.1016/s1473-3099(08)70206-8.

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24

Barber, Chris. "Healthcare law and ethics, 1: a general introduction." British Journal of Healthcare Assistants 10, no. 2 (February 2, 2016): 84–87. http://dx.doi.org/10.12968/bjha.2016.10.2.84.

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25

Barber, Chris. "Healthcare law and ethics, 12. Ethics: everyone's business?" British Journal of Healthcare Assistants 11, no. 4 (April 2, 2017): 186–89. http://dx.doi.org/10.12968/bjha.2017.11.4.186.

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26

Leask, Kathryn. "MA/Postgraduate Diploma in Healthcare Ethics and Law." BMJ 332, no. 7532 (January 7, 2006): s9. http://dx.doi.org/10.1136/bmj.332.7532.s9.

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27

Montgomery, Jonathan. "Patient No Longer? What Next in Healthcare Law?" Current Legal Problems 70, no. 1 (2017): 73–109. http://dx.doi.org/10.1093/clp/cux006.

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28

Elman, Gerry J. "Bioterrorism: Issues Impacting Food, Drug and Healthcare Law." Biotechnology Law Report 21, no. 3 (June 2002): 249–51. http://dx.doi.org/10.1089/073003102760162318.

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29

Ramanathan, Tara. "Law as a tool to promote healthcare safety." Clinical Governance: An International Journal 19, no. 2 (April 1, 2014): 172–80. http://dx.doi.org/10.1108/cgij-03-2014-0015.

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Purpose – The purpose of this paper is to inform healthcare providers and healthcare facility leadership about the statutory, administrative, criminal, and tort law implications related to preventable harms from unsafe injection practices. Design/methodology/approach – Review of legal theory and precedents. Findings – The law can address disputes over unsafe injection practices in a variety of ways. Administrative agencies may hold a provider or facility responsible for preventable harms according to specific statutory and regulatory provisions governing licensure. State courts can compensate victims of certain actions or inactions based on tort law, where a breach of a legal duty caused damages. Prosecutors and the public can turn to criminal law to punish defendants and deter future actions that result in disability or death. Research limitations/implications – The state law findings in this review are limited to legal provisions and court cases that are available on searchable databases. Due to the nature of this topic, many cases are settled out of court, and those records are sealed from the public and not available for review. Practical implications – Preventable harm continues to occur from unsafe injection practices. These practices pose a significant risk of disease or even death for patients and could result in legal repercussions for healthcare providers and facility leadership. Originality/value – This article reviews emerging law and potential legal implications for health care and public health related to unsafe medical practices related to needle, syringe, and vial use.
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30

Fletcher, Ruth, Marie Fox, and Julie McCandless. "LEGAL EMBODIMENT: ANALYSING THE BODY OF HEALTHCARE LAW." Medical Law Review 16, no. 3 (July 2008): 321–45. http://dx.doi.org/10.1093/medlaw/fwn017.

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31

Waraich. "Healthcare System and Medical Malpractice Law in Pakistan." Policy Perspectives 15, no. 3 (2018): 85. http://dx.doi.org/10.13169/polipers.15.3.0085.

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32

Judit, Feith Helga. "Where Law and Digital Health Care Meet…" Bulletin of Medical Sciences 92, no. 2 (December 1, 2019): 79–88. http://dx.doi.org/10.2478/orvtudert-2019-0017.

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Abstract The modern information and communication tools and technologies of the 21st century open up new opportunities for patients and healthcare providers, thus contributing to human health, reducing the number of morbidities and premature deaths. The application of modern technology in healthcare has resulted in a number of positive changes, but it has also been subject to multiple challenges, including legal dilemmas in this area: e.g. data management, data security and data protection, access to eHealth, etc. After a brief introduction to the legal history of healthcare and the presentation of key statistics related to the current digital situation, the main objective of the present work is to analyze the relationship between health digitalization and law. One of the key issues for successful healing in all historical eras is the legal protection and respect of patients and healthcare workers in the face of changes in the modern world. For this reason, it is important to address this unusual dimension of health care.
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33

Hart, Dieter. "Recent Developments in German Health Law." European Journal of Health Law 13, no. 2 (2006): 101–6. http://dx.doi.org/10.1163/157180906777831136.

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AbstractHealth law provides the regulatory constitution for the medical and healthcare system. It covers individual medical treatment as well as public healthcare provision and is insofar medical law as well as social security law (statutory health insurance law). The medical and health sciences (public health sciences) are the main complementary disciplines of health law. This article gives an account of some representative developments in both fields which have taken place in the last three years.
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34

McGarry, Julie. "Law and Ethics in Nursing and Healthcare Avery Graham Law and Ethics in Nursing and Healthcare 352pp £23.99 Sage 9781848607347 1848607342." Nursing Older People 26, no. 3 (March 28, 2014): 10. http://dx.doi.org/10.7748/nop2014.03.26.3.10.s12.

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35

Finch, John. "The system, the virus and the law." British Journal of Neuroscience Nursing 16, no. 3 (June 2, 2020): 134–37. http://dx.doi.org/10.12968/bjnn.2020.16.3.134.

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As the coronavirus (COVID-19) pandemic progresses, with no visible end in sight, healthcare practitioners may ask whether the measures taken by public health authorities in the UK are going in the right direction. Who is legally responsible? John Finch looks at the institutional framework in which practitioners work and at the place of legal liability in healthcare delivery and management
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36

SPIELMAN, BETHANY. "Organizational Ethics Programs and the Law." Cambridge Quarterly of Healthcare Ethics 9, no. 2 (April 2000): 218–29. http://dx.doi.org/10.1017/s0963180100902081.

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Max Weber, the grandfather of organizational theory, recognized the close association between health care organizations and law. When he introduced the concept of a legal–rational bureaucracy, he used hospitals and clinics to illustrate it. Today, there is little doubt that healthcare organizations are “law-saturated,” if not always fully compliant with the law. Like Weber's legal–rational bureaucracies, healthcare organizations have highly formalized rules and procedures. They pay a great deal of attention to legal criteria in decisionmaking, and some have entire departments devoted to legal risk management.
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37

Borucki, Christopher. "When Healthcare Goes up in Tobacco Smoke: A Selective Healthcare System from a (European) Human Rights Perspective." Utrecht Law Review 15, no. 3 (2019): 70–90. http://dx.doi.org/10.36633/ulr.539.

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38

Tosevski, Dusica Lecic, Saveta Draganic Gajic, Milica Pejovic Milovancevic, and Slavica Djukic Dejanovic. "Mental health law in Serbia – an important step towards destigmatisation." International Psychiatry 10, no. 3 (August 2013): 65–66. http://dx.doi.org/10.1192/s1749367600003891.

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Serbia has, along with other countries in the region, begun reform of its mental healthcare services. The delivery of mental healthcare was hitherto only partially regulated by law. Hence the National Committee for Mental Healthcare in Serbia has prepared a draft Mental Health Law within the context of a multicentre project entitled ‘Enhancing social cohesion through strengthening community care’ as part of the Stability Pact for South Eastern Europe. It is expected that new mental health legislation will soon be approved by Parliament and lead to the implementation of changes concerning mental healthcare. It should contribute to the destigmatisation of patients, mental health professionals and psychiatry as a discipline.
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39

Chaskel, Roberto, James M. Shultz, Silvia L. Gaviria, Eliana Taborda, Roland Vanegas, Natalia Muñoz García, Luis Jorge Hernández Flórez, and Zelde Espinel. "Mental health law in Colombia." BJPsych. International 12, no. 4 (November 2015): 92–94. http://dx.doi.org/10.1192/s2056474000000659.

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Mental health law in Colombia has evolved over the past 50 years, in concert with worldwide recognition and prioritisation of mental healthcare. Laws and policies have become increasingly sophisticated to accommodate the ongoing transformations throughout Colombia's healthcare system and improvements in mental health screening, treatment and supportive care. Mental health law and policy development have been informed by epidemiological data on patterns of mental disorders in Colombia. Colombia is distinguished by the fact that its mental health laws and policies have been formulated during a 60-year period of continuous armed conflict. The mental health of Colombian citizens has been affected by population-wide exposure to violence and, accordingly, the mental health laws that have been enacted reflect this feature of the Colombian experience.
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40

Provenzano-Castro, Belén, Silvia Oizerovich, and Babill Stray-Pedersen. "Future healthcare professionals’ knowledge about the Argentinean abortion law." International Journal of Medical Education 7 (March 28, 2016): 95–101. http://dx.doi.org/10.5116/ijme.56e0.74be.

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41

Barry, Sandra. "Book Review: Managing risk in healthcare, law and practice." Journal of the Royal Society for the Promotion of Health 123, no. 2 (June 2003): 134. http://dx.doi.org/10.1177/146642400312300226.

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42

Barber, Chris. "Healthcare law and ethics, 8: ethics, disability and DNAR." British Journal of Healthcare Assistants 10, no. 10 (October 2, 2016): 488–91. http://dx.doi.org/10.12968/bjha.2016.10.10.488.

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43

Barber, Chris. "Healthcare law and ethics, 2: meanings, differences and similarities." British Journal of Healthcare Assistants 10, no. 4 (April 2, 2016): 176–79. http://dx.doi.org/10.12968/bjha.2016.10.4.176.

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44

Herring, Jonathan. "Where are the carers in healthcare law and ethics?" Legal Studies 27, no. 1 (March 2007): 51–73. http://dx.doi.org/10.1111/j.1748-121x.2006.00037.x.

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The work of carers is too often unvalued and unrecognised. This paper seeks to demonstrate some of the ways in which law and traditional medical ethics overlook the interests of carers and the importance of their work. It argues that this is, in part, due to the individualistic ethic that has come to dominate legal and ethical discourse about medicine. It recommends an approach based on an ethic of care that seeks to promote and protect just relationships of care, rather than an individualised model of rights.
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45

Dimond, Bridgit. "Healthcare professionals and euthanasia: current law in the UK." British Journal of Nursing 13, no. 15 (August 2004): 922–24. http://dx.doi.org/10.12968/bjon.2004.13.15.15535.

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46

Dwyer, D. "Healthcare Law: The Impact of the Human Rights Act." Medical Law Review 11, no. 1 (March 1, 2003): 159–65. http://dx.doi.org/10.1093/medlaw/11.1.159.

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47

Farsides, B. "Healthcare Research Ethics and Law: Regulation, Review and Responsibility." Medical Law Review 20, no. 3 (August 8, 2012): 477–79. http://dx.doi.org/10.1093/medlaw/fws018.

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48

Davies, Jan, Sharon Caughey, and Pat Croskerry. "Decision-Making in Healthcare and the Law: An Introduction." Healthcare Quarterly 12, sp (August 15, 2009): e169-e171. http://dx.doi.org/10.12927/hcq.2009.20944.

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49

Martland, John. "Healthcare and the Law: A View from the Bar." Healthcare Quarterly 12, sp (August 15, 2009): e195-e198. http://dx.doi.org/10.12927/hcq.2009.20949.

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50

Montgomery, Jonathan. "Law and the demoralisation of medicine." Legal Studies 26, no. 2 (June 2006): 185–210. http://dx.doi.org/10.1111/j.1748-121x.2006.00004.x.

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In his Dimbleby Lecture in December 2002, the Archbishop of Canterbury examined the effect of the emergence of the market state on the legitimacy of government activity in areas of morality. He suggested that, while this is becoming limited, the continuing need to provide a moral context for social life provided an opportunity for religious communities to play a crucial role. This paper suggests that the increasing significance of market concepts in healthcare law poses a similar challenge to the moral basis of medical practice, threatening to drive moral argument outside the scope of the discipline, with the consequent effect of undermining the values that drive good healthcare. Thus, the de-moralisation of medicine is also demoralising for those within the health professions. To counteract this tendency, a strong sense of a common moral community needs to be maintained amongst those engaged with the discipline of healthcare law. This paper also examines the role of law in this area. Traditionally, legal scholars have attacked the reluctance of legislators and the judiciary to wrestle from the grip of doctors the authority to determine ethical issues. The dominant view has been that this was a failure to recognise the fact that society has a stake in these matters and that legal non-intervention was an abdication of responsibility that undermines the rule of law. However, the integration of medical and moral decision making into a collaborative enterprise can also be seen as a more effective defence against the forces of demoralisation than the separation that the orthodox approach implies. If this is correct, then a key task for healthcare lawyers, as yet undeveloped, is to consider how to establish a legitimate common moral community, and what role the law might have to play in that process.
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