Artigos de revistas: "Legal ethics – Wales"

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Sherr, Avrom, e Lisa Webley. "Legal ethics in England and Wales". International Journal of the Legal Profession 4, n.º 1-2 (março de 1997): 109–38. http://dx.doi.org/10.1080/09695958.1997.9960428.

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Griffiths-Baker, Janine. "Reviewing Legal Ethics and Legal Education in England and Wales—An Unenviable Task?" Legal Ethics 10, n.º 2 (janeiro de 2007): 121–23. http://dx.doi.org/10.1080/1460728x.2007.11423887.

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Jones, RG. "Ethical and legal issues in the care of people with dementia". Reviews in Clinical Gerontology 11, n.º 3 (agosto de 2001): 245–68. http://dx.doi.org/10.1017/s0959259801011364.

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This paper addresses some ethical and legal issues which arise in the UK in the care of people with dementia, focusing on the law in England and Wales – updating and revising the 1997 and earlier version. The ‘end of medical ethics’ continues to be debated, with an attendant fear of doctors’ responsibility and authority being fatally eroded by administrators and cost controllers, concerned only with budgets and ‘bureaucratic parsimony’.

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Madhloom, Omar. "A Kantian Moral Cosmopolitan Approach to Teaching Professional Legal Ethics". German Law Journal 23, n.º 8 (outubro de 2022): 1139–57. http://dx.doi.org/10.1017/glj.2022.74.

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AbstractThis article argues that given the globalization of legal education and legal services, professional legal ethics should incorporate not only a cosmopolitan dimension but also sentiments such as compassion, respect, and sensitivity for human suffering. Inspired by the philosophy of Immanuel Kant and his theory of education, this article seeks to address some of the limitations of the professional codes of conduct for barristers and solicitors, in England and Wales, by applying a moral cosmopolitan approach to the teaching of professional legal ethics. This normative approach is underscored by a commitment to moral duties to persons irrespective of their nationality, gender, religion, or any other defining characteristic. These duties include promoting client autonomy and engaging in law reform. This article also argues that Clinical Legal Education programs are an appropriate methodology for teaching moral cosmopolitan ethics.

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Taylor, Richard, e Jessica Yakeley. "Working with MAPPA: ethics and pragmatics". BJPsych Advances 25, n.º 3 (11 de fevereiro de 2019): 157–65. http://dx.doi.org/10.1192/bja.2018.5.

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SUMMARYMulti-agency public protection arrangements (MAPPA) have been in operation for around 18 years in England and Wales. The primary purpose is for the sharing of information between agencies regarding the risk management of offenders returning to the community from custodial and hospital settings. The legal framework regarding information by psychiatrists is not dealt with in one single policy or guidance document. Psychiatrists must use their clinical and professional judgement when engaging with the MAPPA process, mindful of guidance available from professional bodies such as the Royal College of Psychiatrists, General Medical Council and British Medical Association.LEARNING OBJECTIVESAfter reading this article you will be able to: •Learn the legal and political background that led to the formation of MAPPA•Understand the structure and function of MAPPA•Understand the role of psychiatrists in the MAPPA processDECLARATION OF INTERESTR.T. is a member of the London Strategic Management Board for MAPPA.

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Doran, Evan, Jennifer Fleming, Christopher Jordens, Cameron L. Stewart, Julie Letts e Ian H. Kerridge. "Managing ethical issues in patient care and the need for clinical ethics support". Australian Health Review 39, n.º 1 (2015): 44. http://dx.doi.org/10.1071/ah14034.

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Objective To investigate the range, frequency and management of ethical issues encountered by clinicians working in hospitals in New South Wales (NSW), Australia. Methods A cross-sectional survey was conducted of a convenience sample of 104 medical, nursing and allied health professionals in two NSW hospitals. Results Some respondents did not provide data for some questions, therefore the denominator is less than 105 for some items. Sixty-two (62/104; 60%) respondents reported occasionally to often having ethical concerns. Forty-six (46/105; 44%) reported often to occasionally having legal concerns. The three most common responses to concerns were: talking to colleagues (96/105; 91%); raising the issue in a group forum (68/105; 65%); and consulting a relevant guideline (64/105; 61%). Most respondents were highly (65/99; 66%) or moderately (33/99; 33%) satisfied with the ethical environment of the hospital. Twenty-two (22/98; 22%) were highly satisfied with the ethical environment of their department and 74 (74/98; 76%) were moderately satisfied. Most (72/105; 69%) respondents indicated that additional support in dealing with ethical issues would be helpful. Conclusion Clinicians reported frequently experiencing ethical and legal uncertainty and concern. They usually managed this by talking with colleagues. Although this approach was considered adequate, and the ethics of their hospital was reported to be satisfactory, most respondents indicated that additional assistance with ethical and legal concerns would be helpful. Clinical ethics support should be a priority of public hospitals in NSW and elsewhere in Australia. What is known about the topic? Clinicians working in hospitals in the US, Canada and UK have access to ethics expertise to help them manage ethical issues that arise in patient care. How Australian clinicians currently manage the ethical issues they face has not been investigated. What does this paper add? This paper describes the types of ethical issues faced by Australian clinicians, how they manage these issues and whether they think ethics support would be helpful. What are the implications for practitioners? Clinicians frequently encounter ethically and legally difficult decisions and want additional ethics support. Helping clinicians to provide ethically sound patient care should be a priority of public hospitals in NSW and elsewhere in Australia.

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Marks, M. N., e R. Kumar. "Infanticide in England and Wales". Medicine, Science and the Law 33, n.º 4 (outubro de 1993): 329–39. http://dx.doi.org/10.1177/002580249303300411.

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In England and Wales children under one year of age are at four times greater risk of becoming victims of homicide than either older children or the general population. The annual rate of infant homicide (45 per million) has remained relatively constant since the Homicide Act (1957) in contrast with a progressive fall in the infant mortality rate. Details from Home Office records of all infants under a year who were the victims of homicide during 1982–1988 are presented. Infants were most at risk on the first day of life — neonates accounted for 21% of victims and 13% of the victims were between one day and one month old. Thereafter the proportion decreased steadily so that by the final quarter of the first year the risk of becoming a homicide victim equalled that of the general population. Excluding neonates, there were more male victims than female ones, especially in the first three months. A parent was the most likely perpetrator. For all neonaticides the mother was recorded as a suspect, 36% of these mothers were subsequently indicted, all but two were convicted of infanticide and all their convictions resulted in probation. For children over a day marginally more fathers than mothers were recorded as the prime suspect. Mother and father suspects were equally likely to be indicted and also equally likely to be convicted of a homicide offence. However, mothers received both less severe convictions and less severe sentences than fathers. Fathers were more likely than mothers to have killed their infants using violence which wounded. Nonetheless sentences were unrelated to the brutality of the offence: mothers who had killed with wounding violence received less severe penalties than fathers who had killed in a non-wounding way.

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Menezes, S. B., F. Oyebode e M. S. Haque. "Mentally disordered offenders in Zimbabwe and in England and Wales: a socio-demographic study". Medicine, Science and the Law 47, n.º 3 (julho de 2007): 253–61. http://dx.doi.org/10.1258/rsmmsl.47.3.253.

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Our aim was to compare socio-demographic, clinical and criminal characteristics of mentally disordered offender patients in a special institution in a developing and a developed country. Zimbabwe data from 1980-1990 was obtained from a hospital patient survey, in a written semi-structured format. The English special (high security) hospital patients' data for the same period was obtained from the case register. The sample size for Zimbabwe was 367 patients (337 males, 30 females) and for England and Wales it was 1,966 patients (1,643 males, 323 females). The average age for Zimbabwean patients was 36 years, with standard deviation of 9.7; for England and Wales the average age was 29.7 with standard deviation of 9.6. There was significant difference in marital status in the two countries. Seventy-eight per cent of patients were single in England and Wales, compared with 49% in Zimbabwe. There were 20% illiterate patients in Zimbabwe, compared with 4% in England and Wales. Thirty-seven per cent of the patients in England and Wales had a diagnosis of personality disorder, compared with 6% in Zimbabwe. There were 53% of homicides in Zimbabwe, compared with 20% in England and Wales. Employment in the two countries was similar: 34% in Zimbabwe and 33% in England and Wales. There were differences in the socio-demographic characteristics in the two countries, except for employment status. Differences were also noticed in the diagnoses of the patients, types of crime and the methods of assault.

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Andoh, Benjamin. "The Informal Patient in England and Wales". Medicine, Science and the Law 40, n.º 2 (abril de 2000): 147–55. http://dx.doi.org/10.1177/002580240004000211.

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The informal status of a patient is a very important topic because the vast majority of mental patients in hospital are informal. The origins of the status are traced to the Royal Commissions of 1924–6 and 1954–7 which recommended voluntary admissions and informal admissions, respectively. It is pointed out, inter alia, that it is only generally true to say the informal patient has consented to admission and cannot be treated without his or her consent because exceptionally he or she can be given such treatment, e.g. on the grounds of necessity, as held by the House of Lords in R v Bournewood Community and Mental Health Trust (1998) and that today there are two types of informal patients: those who can, and do, consent to admission, and those who cannot consent to admission, but do not show willingness to leave hospital. It is argued that there is only a power under the Mental Health Act 1983 to admit patients informally. Finally, the informal patient's consent to admission, consent to treatment, other rights, leaving hospital, and how his or her position can be improved are looked at.

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Prins, Herschel. "Inquiries after Homicide in England and Wales". Medicine, Science and the Law 38, n.º 3 (julho de 1998): 211–20. http://dx.doi.org/10.1177/002580249803800306.

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Recent instruction from the Department of Health requires the institution of an independent inquiry into all cases of homicide committed by those who have been in contact with the psychiatric services. The background to this instruction is explored briefly within the context of more general concerns about violence and homicide, and the advantages and disadvantages of such inquiries are discussed.

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Brown, Penelope. "Unfitness to plead in England and Wales: Historical development and contemporary dilemmas". Medicine, Science and the Law 59, n.º 3 (15 de junho de 2019): 187–96. http://dx.doi.org/10.1177/0025802419856761.

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Fitness to plead refers to a criminal defendant’s ability to participate at trial. The purpose of fitness-to-plead laws is to protect the rights of vulnerable individuals who are unable to defend themselves in court and to preserve natural justice in the legal system while balancing the needs to see justice served and protection of the public. Early legal systems treated mentally disordered defendants with leniency, but over time those found unfit to plead have been subjected to indefinite incarceration, breaching their right to liberty while protecting their right to a fair trial. Conversely, the threshold for being found unfit is high, and there are concerns that many unfit defendants are being unfairly subjected to trial. The approaches to balancing the competing demands have changed over time and have led to confusing and contradictory practices. In order to understand better how and why the current problems have come to exist, this paper analyses the historical development of the legal framework for fitness to plead from Medieval England to the turn of the 21st century. It isolates core dilemmas: (a) what the normative standard of fitness to plead is and whether the current test for determining fitness adequately reflects this standard; (b) whether fitness to plead should be disability neutral or whether unfitness requires the presence of a psychiatric diagnosis; and (c) how the courts should deal with those found unfit to plead, including insuring against the deprivation of liberty of innocents while ensuring the public are adequately protected.

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Cameron, J. M. "Book Review: Coroners' Records in England and Wales". Medicine, Science and the Law 28, n.º 4 (outubro de 1988): 344–45. http://dx.doi.org/10.1177/002580248802800418.

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Campbell, Elaine. "Regulating Clinic: Do UK Clinics Need to Become Alternative Business Structures Under the Legal Services Act 2007?" International Journal of Clinical Legal Education 20, n.º 1 (8 de julho de 2014): 519. http://dx.doi.org/10.19164/ijcle.v20i1.19.

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In clinical legal education circles we tend to focus on the pedagogical aspects of our work. We enjoy lively debate on topics such as assessment, skills, ethics, student self-efficacy, the role of reflection and balancing the needs of the student with the needs of the client. Rarely do we speak or write about the legal framework regulating the work that occurs in clinics. However, the regulatory landscape is changing, and rapidly.The Legal Services Act 2007 allows organisations that are owned or managed by non-lawyers to provide regulated legal services. It permits and encourages new entrants to the legal services market in England and Wales. It was heralded as ushering in important new opportunities for solicitors to team up with non-lawyers and to attract capital for their businesses in a carefully regulated environment. At first glance, there did not appear to be anything within the framework which affected law school clinics. On closer inspection, this is sadly not the case. The aim of this paper is to increase the level of awareness within the clinical legal education community, in England and Wales in particular, of the effects of the Legal Services Act 2007 on clinical activity. It will explore the background to the introduction of alternative business structures and compare the approach which Australia has taken. It will also look to the future and discuss potential problems and solutions.

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Moulton, Benjamin, e Jaime S. King. "Aligning Ethics with Medical Decision-Making: The Quest for Informed Patient Choice". Journal of Law, Medicine & Ethics 38, n.º 1 (2010): 85–97. http://dx.doi.org/10.1111/j.1748-720x.2010.00469.x.

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Medical practice should evolve alongside medical ethics. As our understanding of the ethical implications of physician-patient interactions becomes more nuanced, physicians should integrate those lessons into practice. As early as the 1930s, epidemiological studies began to identify that the rates of medical procedures varied significantly along geographic and socioeconomic lines. Dr. J. Alison Glover recognized that tonsillectomy rates in school children in certain school districts in England and Wales were in some cases eight times the rates of children in other districts, with the only significant predictive factors being the current chief medical officer in the area and the socioeconomic well-being of the child's parents. Unfortunately, Dr. Glover's work revealed that the increase in tonsillectomies did not improve the health of adolescent patients and appeared to be performed “as a routine prophylactic ritual for no particular reason and with no particular result.”

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Marks, M. N., e R. Kumar. "Infanticide in Scotland". Medicine, Science and the Law 36, n.º 4 (outubro de 1996): 299–305. http://dx.doi.org/10.1177/002580249603600405.

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Details from Scottish Office records of all infants under a year who were the victims of homicide in Scotland during 1978–1993 are presented and compared with results from studies of infant homicide in England and Wales. Although Scottish homicide rates in the total population are much higher than those in England and Wales, the annual Scottish infanticide rate (43/million) is remarkably similar to that of England and Wales (45/million). In addition, characteristics of victims and perpetrators are also similar between the two regions. As with England and Wales, in Scotland the younger the infant the greater the risk of becoming the victim of homicide (83% were killed within 6 months of birth); male babies were more frequently killed than female ones; a parent was the most frequent perpetrator (93% of offences); mothers tended to kill neonates but for infants older than a day more fathers than mothers were recorded as the main accused. Mothers and fathers were convicted of similar offences but fathers were less likely to receive non-custodial sentences. Differences in sentencing appeared to be related to either gender-related differences in attributions as to the motivation for the offence, or to the level of violence used against the victim. Offences of mothers were most frequently recorded as being motivated by mental illness, those by fathers as due to rage. Fathers were more likely to have killed by kicking or hitting, mothers by some form of suffocation.

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Barnum, Brenda. "E-walks bring ethics to the bedside: A nurse ethicist’s reflections". Nursing Ethics 30, n.º 5 (agosto de 2023): 720–29. http://dx.doi.org/10.1177/09697330231160002.

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The unique role of the nurse ethicist in the clinical setting is one meant to enhance the ethical capacity of nurses, and front-line healthcare providers. As a nurse ethicist, it is also my goal to enhance the ethical climate of each individual work area, patient care unit, and the broader institution by encouraging ethical conversations, navigating ethical dilemmas, and seeking creative solutions to minimize moral distress and burnout. To provide preventive ethics support and education, I began regularly visiting patient care areas for ethics rounds, which I affectionately named “E-walks” (for Ethics Walks). I will discuss and reflect upon the lessons that have emerged as three key components of “E-Walks”: Recognition, Solidarity and Dialogue. These themes will speak to the unique presence and availability of a nurse ethicist as a valuable resource to front-line healthcare providers who face ethical dilemmas and morally concerning cases. I will go on to argue and demonstrate that my role as the nurse ethicist lies at the intersection of bioethics and the theoretical framework of the “ethic of care,” which is focused on building, creating, and sustaining caring interprofessional relationships through the work of ethics, nursing, and education.

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Leadbetter, Martin J. "Fingerprint Evidence in England and Wales – The Revised Standard". Medicine, Science and the Law 45, n.º 1 (janeiro de 2005): 1–6. http://dx.doi.org/10.1258/rsmmsl.45.1.1.

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Dixon, Kathleen A. "Unethical conduct by the nurse". Nursing Ethics 20, n.º 5 (31 de janeiro de 2013): 578–88. http://dx.doi.org/10.1177/0969733012468465.

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The aim of this study was to uncover and critically examine hidden assumptions that underpin the findings of nurses’ unethical conduct arising from inquiries conducted by the Nurses Tribunal in New South Wales. This was a qualitative study located within a post-structural theoretical framework. Transcripts of five inquiries conducted between 1998 and 2003 were analysed using critical discourse analysis. The findings revealed two dominant discourses that were drawn upon in the inquiries to construct nurses’ conduct as unethical. These were discourses of trust and accountability. The way the nurses were spoken about during the inquiries was shaped by normalising judgements that were used to discursively position the nurse through narrative.

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Hodson, Nathan. "A care ethics approach to the Gender Kidney Donation Gap". Nursing Ethics 26, n.º 7-8 (1 de novembro de 2018): 2185–94. http://dx.doi.org/10.1177/0969733018806337.

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Many studies have shown that women are more likely than men to be living kidney donors, and the discrepancy is particularly marked in heterosexual couples: wives are more likely than husbands to donate a kidney to their spouse. This ‘ Gender Kidney Donation Gap’ can be understood in terms of Carol Gilligan’s claims about gender differences in ethical decision-making style, making it appropriate to analyse responses to this imbalance using an ethic of care. This article centres the vast majority of living donors, those who donate in the context of a significant pre-existing relationship. A cost-neutral approach is unfair on donors who make society richer and healthier by helping a loved one. However, models of kidney sale fail to offer an acceptable alternative, either (a) compelling donors to sell into a pool where they do not know the recipient or (b) allowing affluent individuals unfair access to kidneys. Drawing on surrogacy law in England and Wales, a model of compensation is proposed that includes a range of non-financial benefits. This option celebrates donation and expresses gratitude to all donors while avoiding the pitfalls of the marketplace, with an emphasis on fair treatment of donors. Nevertheless, if more generous treatment led to a 10% increase in directed donation, then it would be equivalent to doubling ‘altruistic’ stranger donations. As long as the Gender Kidney Donation Gap persists, the best response is to minimise the discomfort and disruption caused to donors by their profound act of kindness.

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Davison, A. M., J. H. McFarlane e J. C. Clark. "Differences in Forensic Pathology Practice between Scotland and England". Medicine, Science and the Law 38, n.º 4 (outubro de 1998): 283–88. http://dx.doi.org/10.1177/002580249803800403.

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Scotland and England are part of the United Kingdom but have separate legal systems. These legal differences have a substantial effect on forensic pathology practice, and are probably best appreciated by those pathologists who have worked on both sides of the border. This paper seeks to highlight the differences in forensic pathology practice between Scotland and England, discussing the investigation of death in both countries. It concludes that a knowledge of the Scottish procurator fiscal system of death investigation may be beneficial to those contemplating changes to the coroner system. All three authors have practised forensic pathology in Scotland and England or Wales.

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Simillis, Constantinos. "Euthanasia: a summary of the law in England and Wales". Medicine, Science and the Law 48, n.º 3 (julho de 2008): 191–98. http://dx.doi.org/10.1258/rsmmsl.48.3.191.

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Huckle, P. L. "A Survey of Sentenced Prisoners Transferred to Hospital for Urgent Psychiatric Treatment over a Three-Year Period in One Region". Medicine, Science and the Law 37, n.º 1 (janeiro de 1997): 37–40. http://dx.doi.org/10.1177/002580249703700110.

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This study describes a survey of sentenced prisoners who were transferred to psychiatric hospitals in South Wales under s.47 of the Mental Health Act of 1983 (England & Wales) over a three-year period. During this time there were 29 such transfers of 25 prisoners and all were male. Forty-four per cent were returned to prison to complete their sentence once their mental disorder was treated. Fifty per cent of these prisoners who became patients had a clinical diagnosis of schizophrenia, 13 per cent of recurrent depressive disorder, 4 per cent of a drug-induced psychosis, 4 per cent of hypomania and 6.6 per cent had some form of personality disorder.

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Gibbons, Susan MC. "Are UK genetic databases governed adequately? A comparative legal analysis". Legal Studies 27, n.º 2 (junho de 2007): 312–42. http://dx.doi.org/10.1111/j.1748-121x.2007.00045.x.

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Given the burgeoning of genetic research and proliferation of human genetic databases, especially in the biomedical sphere, this paper explores whether the existing laws and regulatory structures for governing genetic databases in England and Wales are adequate. Through a critical survey of relevant rules, bodies and practices, it argues that the current UK framework is far from ideal in at least five major areas: (1) forms and styles of law used, especially the separate legislative regimes for physical biomaterial and data; (2) core definitions; (3) formal regulatory bodies, licensing and notification requirements; (4) ethics committees and other advisory panels; and (5) enforcement powers and sanctions. Such shortcomings could have major implications for stakeholders, hamper efforts to achieve European or international harmonisation of genetic database principles and practices, and undermine the UK’s standing as a world leader in genetics and biotechnology. Drawing on comparative analysis of governance strategies adopted in Estonia, Iceland and Sweden, the paper identifies alternative options and lessons from experiences abroad, suggesting possible avenues for reform that may warrant serious consideration in the UK.

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Kong, Camillia. "The Phenomenology and Ethics of P-Centricity in Mental Capacity Law". Law and Philosophy 42, n.º 2 (9 de março de 2023): 145–75. http://dx.doi.org/10.1007/s10982-022-09458-6.

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AbstractUnder the Mental Capacity Act 2005 (MCA) in England and Wales, the liberal commitments to subjective freedom guide obligations towards persons who do not lack capacity. For the subject of proceedings who might lack capacity (P), it is less clear as to what obligations orient best interests decision-making on their behalf. The UK Supreme Court has emphasised the centrality of ‘P-centricity’ in best interests decision-making, where there is the legal obligation to consider P’s subjective views and wishes in a holistic consideration of best interests. Unclarity nonetheless persists as to what is owed to P in the best interests standard, leading to the tendency to interpret obligations of P-centricity through the normative prism of subjective autonomy. This paper argues that such moves reduce the complex moral phenomenology of what a P-centric ethos entails. Instead, the phenomenological and ethical stance of moral considerability and recognition respect can best capture the enriched normative grounding for P-centric decision-making in mental capacity law.

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STAMMERS, TREVOR, e MATT JAMES. "Opt-Outs and Upgrades". Cambridge Quarterly of Healthcare Ethics 23, n.º 3 (10 de junho de 2014): 308–18. http://dx.doi.org/10.1017/s0963180113000911.

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Abstract:We report on two areas in which UK law and ethics seem out of step with each other. 2013 saw the passing of the Human Transplantation (Wales) Bill, which will introduce an opt-out system of organ donation in Wales from 2015. In the first section, we discuss the convoluted evolution of the Bill and some potential problems that we consider may prevent it from achieving its intended goal of increasing the number of organs transplanted. The prospect of being able to enhance human cognition through cognitive-enhancing drugs (“smart drugs”) also presents a nexus of questions associated with future ambitions, hopes, and concerns as a society. How these drugs might affect the future of work and employment is beginning to generate wide public engagement in the UK and forms the focus of the second section.

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Neades, Barbara L. "Presumed Consent to Organ Donation in Three European Countries". Nursing Ethics 16, n.º 3 (maio de 2009): 267–82. http://dx.doi.org/10.1177/0969733009102687.

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United Kingdom Transplant reported that, during 2007—2008, a total of 7655 people were awaiting a transplant; however, only 3235 organs were available via the current `opt in' approach. To address this shortfall, new UK legislation sought to increase the number of organs available for donation. The Chief Medical Officer for England and Wales supports the adoption of `presumed consent' legislation, that is, an `opt out' approach, as used in much of Europe. Little research, however, has explored the impact on bereaved relatives, nurses and medical staff of introducing presumed consent legislation. Adopting a phenomenological approach, this study used responses to an initial questionnaire combined with selected interviews with health care professionals to capture their direct experience of presumed consent legislation in three European countries: Portugal, Norway and Belgium.

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Green, Janet, Philip Darbyshire, Anne Adams e Debra Jackson. "It’s agony for us as well". Nursing Ethics 23, n.º 2 (8 de dezembro de 2014): 176–90. http://dx.doi.org/10.1177/0969733014558968.

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Background: Improved techniques and life sustaining technology in the neonatal intensive care unit have resulted in an increased probability of survival for extremely premature babies. The by-product of the aggressive treatment is iatrogenic pain, and this infliction of pain can be a cause of suffering and distress for both baby and nurse. Research question: The research sought to explore the caregiving dilemmas of neonatal nurses when caring for extremely premature babies. This article aims to explore the issues arising for neonatal nurses when they inflict iatrogenic pain on the most vulnerable of human beings – babies ≤24 weeks gestation. Participants: Data were collected via a questionnaire to Australian neonatal nurses and semi-structured interviews with 24 neonatal nurses in New South Wales, Australia. Ethical consideration: Ethical processes and procedures set out by the ethics committee have been adhered to by the researchers. Findings: A qualitative approach was used to analyse the data. The theme ‘inflicting pain’ comprised three sub-themes: ‘when caring and torture are the same thing’, ‘why are we doing this!’ and ‘comfort for baby and nurse’. The results show that the neonatal nurses were passionate about the need for appropriate pain relief for extremely premature babies. Conclusion: The neonatal nurses experienced a profound sense of distress manifested as existential suffering when they inflicted pain on extremely premature babies. Inflicting pain rather than relieving it can leave the nurses questioning their role as compassionate healthcare professionals.

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Madhloom, Omar. "Unregulated Immigration Law Clinics and Kant’s Cosmopolitan Right: Challenging The Political Status Quo". International Journal of Clinical Legal Education 28, n.º 1 (22 de abril de 2021): 195–243. http://dx.doi.org/10.19164/ijcle.v28i1.1131.

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Unregulated law clinics in England and Wales are prohibited from directly offering immigration advice and assistance. This article argues that this restriction should not be a barrier to teaching immigration law. Kant’s duty-based ethics and his cosmopolitan right can provide a useful normative framework for challenging the political status quo in relation to the regulation of law clinics and policies affecting migrants. It is argued that introducing normative values into Clinical Legal Education can address the limitations of the conventional ‘hired-gun’ model and engender students to a more holistic approach to lawyering. In other words, a model which promotes the causes of third parties.

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Gliksman, Michael. "Gender-Based Differences in the Treatment of Young Offenders by the Police and the Children's Court in New South Wales, Australia". Medicine, Science and the Law 37, n.º 2 (abril de 1997): 165–69. http://dx.doi.org/10.1177/002580249703700213.

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It has been consistently reported that young males commit crimes with an average frequency five times greater than their female peers. Most data supporting this view are derived from juvenile court and police statistics. Studies using data derived from self-reported behaviour suggest that the true relative frequency may be closer to 2:1. Police and juvenile justice data for the year 1994–5 in New South Wales, Australia, were analysed in an attempt to determine whether court and police statistics might reflect a form of selection bias, where the likelihood of arrest, trial and/or sentence is a function of gender, rather than frequency and nature of offence. The results suggest that the 5:1 gender ratio reflects a strong component of gender bias in the workings of the juvenile justice system in New South Wales. If suspected of a given crime, young males are more likely to be denied bail and (if found guilty) to be given a harsher sentence than young females suspected (or found guilty) of the same crime. Overall, if found guilty of an offence, boys were four times more likely than girls to receive a custodial sentence. Therefore, boys are selectively denied access to alternate rehabilitation resources which are made available to girls who are in trouble with the law. The juvenile justice system in New South Wales requires careful examination and reform if such apparently deeply entrenched biases are to be eliminated.

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Calveley (née Clark), Julie. "Including adults with intellectual disabilities who lack capacity to consent in research". Nursing Ethics 19, n.º 4 (29 de junho de 2012): 558–67. http://dx.doi.org/10.1177/0969733011426818.

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The Mental Capacity Act 2005 has stipulated that in England and Wales the ethical implications of carrying out research with people who are unable to consent must be considered alongside the ethical implications of excluding them from research altogether. This paper describes the methods that were used to enable people with severe and profound intellectual disabilities, who lacked capacity, to participate in a study that examined their experience of receiving intimate care. The safeguards that were put in place to protect the rights and well-being of participants are described, and it is argued that the approaches used in this study met the requirements set out in the Mental Capacity Act 2005. Although this paper is based on research involving people with intellectual disabilities, it has implications for research involving other groups who may also lack capacity to consent, including people with mental health problems, head injuries and dementia.

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Chiarella, Mary, e Amanda Adrian. "Boundary violations, gender and the nature of nursing work". Nursing Ethics 21, n.º 3 (27 de agosto de 2013): 267–77. http://dx.doi.org/10.1177/0969733013493214.

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Complaints against nurses can be made on several grounds and orders, including removal from the registry of nurses, can be made as a result of these complaints. Boundary violations generally relate to complaints around criminal charges, unsatisfactory professional conduct or professional misconduct or a lack of good character. This article explores the spectrum of boundary violations in the nurse–patient relationship by reviewing disciplinary cases from the New South Wales Nurses and Midwives Tribunal and Professional Standards Committees. The complaints spanned a spectrum of behaviours, from minor infringements such as inappropriate compliments to intimate touching and sexual intercourse. Furthermore, the majority of respondents were men, although men comprise a minority of the nursing profession. This phenomenon is discussed in terms of gender stereotyping and nursing work. In addition, the possibility that improved supervision may have gone some way to preventing the violations is explored.

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Thornton, Vicky. "Lives and choices, give and take: Altruism and organ procurement". Nursing Ethics 26, n.º 2 (26 de julho de 2017): 587–97. http://dx.doi.org/10.1177/0969733017710985.

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In 2015, Wales introduced a deemed consent: soft opt-out system for organ procurement in order to address the chronic shortage of organs for transplant. Early statistical evidence suggests that this has had a positive impact on cadaveric organ donation. Such a system for procurement has previously been dismissed by the Organ Donation Taskforce, who suggested that opting out could potentially undermine the concept of donated organs as gifts and this could then negatively impact the number of organs offered for transplant. Considerable weight was placed upon the need to retain the altruistic gift element associated with an opt-in system. This article will consider the role of altruism in an organ procurement policy. A broad utilitarian approach will be taken when putting forward the arguments in favour of adopting a weak altruism position in a soft opt-out system for procurement with a combined registry.

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Atkinson, Sally A. "A Qualitative and Quantitative Survey of Forensic Odontologists in England and Wales, 1994". Medicine, Science and the Law 38, n.º 1 (janeiro de 1998): 34–41. http://dx.doi.org/10.1177/002580249803800106.

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Forty forensic odontologists in England and Wales, as listed for the British Association for Forensic Odontology in Spring 1994, were surveyed by post. The 27 responses received, representing 67.5 per cent of those surveyed, were collated. The aims of the survey were to establish the distribution of experience between those forensic odontologists; to confirm the geographic areas covered by them; to establish the most likely source of introduction to forensic work; to ascertain the proportion of work involving court appearances; to establish a pattern of trends or common risk factors, if any, of susceptibility towards bitemark injury in respect of motive, age, gender, race, socioeconomic factors, and family background in relation to child abuse and adult sexual assault; and to establish if there are preferential sites for bitemark injury according to motive. The survey concluded that most of the work is almost exclusively conducted by a few forensic odontologists, with little or no experience gained for the majority of those available.

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Crichton, John H. M. "Is it Time for a Formal Disciplinary Code for Psychiatric In-Patients in England and Wales?" Medicine, Science and the Law 36, n.º 1 (janeiro de 1996): 65–68. http://dx.doi.org/10.1177/002580249603600112.

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Within psychiatric hospitals it is not legal for staff to formally punish a patient for any misdemeanour. The staff response to such an incident is cloaked in therapeutic terms even if it is in effect a disciplinary punishment. To avoid injustice and introduce safeguards into this process Professor Genevra Richardson (1993, 1995) suggests the need for the introduction of a disciplinary code for psychiatric in-patients. This paper discusses the need for better guidance for psychiatric staff and the problems of punitive sanctions on patients.

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Lester, David. "Are Murders and Suicides Committed by Different Methods Intrinsically Different?" Medicine, Science and the Law 36, n.º 1 (janeiro de 1996): 28–30. http://dx.doi.org/10.1177/002580249603600106.

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A time-series study of homicide and suicide rates by each method in England and Wales from 1950 to 1985 showed that the sociological correlates of these rates depended upon the method used for killing. This raises the possibility that murder and suicide may not be unitary phenomena, but rather that murder and suicide by particular methods are distinct deviant acts and should be studied separately.

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HERISSONE-KELLY, PETER. "Capacity and Consent in England and Wales: The Mental Capacity Act under Scrutiny". Cambridge Quarterly of Healthcare Ethics 19, n.º 3 (28 de maio de 2010): 344–52. http://dx.doi.org/10.1017/s0963180110000125.

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The Mental Capacity Act 2005 came into force in England and Wales in 2007. Its primary purpose is to provide “a statutory framework to empower and protect people who may lack capacity to make some decisions for themselves.” Examples of such people are those with dementia, learning disabilities, mental health problems, and so on. The Act also gives those who currently have capacity a legal framework within which they can make arrangements for a time when they may come to lack it. Toward this end, it allows for them to make advance decisions (in effect, refusals of consent to certain forms of treatment) or to appoint proxy decision makers with lasting powers of attorney.

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Coid, Jeremy, Paul Bebbington, Rachel Jenkins, Traolach Brugha, Glyn Lewis, Michael Farrell e Nicola Singleton. "The National Survey of Psychiatric Morbidity among Prisoners and the Future of Prison Healthcare". Medicine, Science and the Law 42, n.º 3 (julho de 2002): 245–50. http://dx.doi.org/10.1177/002580240204200309.

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It has long been known that psychiatric disorders are highly prevalent among prisoners (Coid, 1984; Gunn et al., 1991; Maden et al., 1995; Joukamaa, 1995; Bland et al., 1998; Lamb and Weinberger, 1998). However, the Survey of Psychiatric Morbidity Among Prisoners in England and Wales (Singleton et al., 1998) represents a considerable advance on earlier surveys. By using the same standardized psychiatric assessment procedures, and similar questions on medication, service use and social functioning, its findings can be compared with previous national surveys of adults living in private households (Meltzer et al., 1995), residents in institutions (Meltzer et al., 1996), homeless persons (Gill et al., 1996), and with the forthcoming household survey in England, Wales and Scotland. It should also inform the future organisation of healthcare for prisoners, following recent recommendations from a joint Home Office/Department of Health Working Party that Health Authorities must work with prisons in their catchment areas to carry out joint health needs assessments, agree prison healthcare improvement strategies and jointly plan and commission services (HM Prison Service and NHS Executive 1999). The ultimate test of the survey will be whether it provides a benchmark to evaluate the future effectiveness of the new policy changes.

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Dolan, Kate, David Lowe e James Shearer. "Evaluation of the Condom Distribution Program in New South Wales Prisons, Australia". Journal of Law, Medicine & Ethics 32, n.º 1 (2004): 124–28. http://dx.doi.org/10.1111/j.1748-720x.2004.tb00457.x.

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Male to male unprotected anal sex is the main route of HIV transmission in Australia. The Australian Study of Health and Relationships, a large, representative population survey of sexual health behaviors, found that six percent of males in the general population have engaged in homosexual activity. These findings were consistent with studies in Europeand North America. Condoms have been shown to reduce the transmission of HIV in the community. Barriers to the use of condoms include access,stigma,and cost? Nevertheless, increased condom use has been reported among homosexual males, sex workers and injecting drug users although recent declines in condom use among homosexuals has presented new challenges in HIV prevention.The prevalence of male to male sexual activity may be higher in prison than in the general population. Sexual activity in prison can be consensual and non-consensual involving both homosexual / bisexual and heterosexual men.

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Shepherd, Victoria, Richard Griffith, Mark Sheehan, Fiona Wood e Kerenza Hood. "Healthcare professionals’ understanding of the legislation governing research involving adults lacking mental capacity in England and Wales: a national survey". Journal of Medical Ethics 44, n.º 9 (25 de abril de 2018): 632–37. http://dx.doi.org/10.1136/medethics-2017-104722.

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ObjectiveTo examine health and social care professionals’ understanding of the legislation governing research involving adults lacking mental capacity in England and Wales.MethodsA cross-sectional online survey was conducted using a series of vignettes. Participants were asked to select the legally authorised decision-maker in each scenario and provide supporting reasons. Responses were compared with existing legal frameworks and analysed according to their level of concordance.ResultsOne hundred and twenty-seven professionals participated. Levels of discordance between responses and the legal frameworks were high across all five scenarios (76%–82%). Nearly half of the participants (46%) provided responses that were discordant in all scenarios. Only two participants (2%) provided concordant responses across all five scenarios.DiscussionParticipants demonstrated a lack of knowledge about the legal frameworks, the locus of authority and the legal basis for decision-making. The findings raise concern about the accessibility of research for those who lack capacity, the ability to conduct research involving such groups and the impact on the evidence base for their care.ConclusionThis is the first study to examine health and social care professionals’ knowledge and understanding of the dual legal frameworks in the UK. Health and social care professionals’ understanding and attitudes towards research involving adults with incapacity may warrant further in-depth exploration. The findings from this survey suggest that greater training and education is required.

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Cameron, James, Julian Savulescu e Dominic Wilkinson. "Raqeeb, Haastrup, and Evans: Seeking Consistency through a Distributive Justice-Based Approach to Limitation of Treatment in the Context of Dispute". Journal of Law, Medicine & Ethics 50, n.º 1 (2022): 169–80. http://dx.doi.org/10.1017/jme.2022.21.

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AbstractWhen is life-sustaining treatment not in the best interests of a minimally conscious child? This is an extremely difficult question that incites seemingly intractable debate. And yet, it is the question courts in England and Wales have set out to answer in disputes about appropriate medical treatment for children.

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Hallett, Nicholas. "To what extent should expert psychiatric witnesses comment on criminal culpability?" Medicine, Science and the Law 60, n.º 1 (4 de setembro de 2019): 67–74. http://dx.doi.org/10.1177/0025802419872844.

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Following the Court of Appeal case of R v Edwards in England and Wales, there has been increasing pressure for expert psychiatric witnesses to comment explicitly on how a defendant’s mental disorder affects their culpability. Culpability is the degree to which a person can be held morally or legally responsible for their conduct, but defining culpability has proved difficult. Mental disorder does not translate easily into degrees of legal culpability. Although psychiatric evidence will often be central to such cases, the determination of culpability is a matter for the court, and experts should not comment on it explicitly. Nevertheless, certain areas of psychiatry may have a bearing on culpability, and ways in which experts may comment on these are suggested. Given the pressure on judges to determine culpability, experts need to be honest about the limits of medical science to answer legal questions and the professional necessity to remain within their area of expertise.

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Andoh, Benjamin. "Jurisprudential Aspects of the ‘Right’ to Retake Absconders from Mental Hospitals in England and Wales". Medicine, Science and the Law 35, n.º 3 (julho de 1995): 225–30. http://dx.doi.org/10.1177/002580249503500309.

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Statutory authority for retaking absconders from mental hospitals has existed ever since county asylums (the forerunners of mental hospitals) were first built in the nineteenth century. Today under the Mental Health Act, 1983 that ‘right’ can be exercised by the police, mental hospital staff, approved social workers, etc. This article looks at jurisprudential aspects of that ‘right’. It points out that ‘right’ actually means ‘power’ (not ‘privilege’, ‘claim’ or ‘immunity’). In addition it argues that the Mental Health Act, 1983 does only confer a power (rather than impose a duty) to retake absconders from mental hospitals and that there should not be statutory or other imposition of such a duty.

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Andoh, Benjamin. "An Analysis of When Absconders from Mental Hospitals in England and Wales May Be Retaken". Medicine, Science and the Law 38, n.º 1 (janeiro de 1998): 17–27. http://dx.doi.org/10.1177/002580249803800104.

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Clear statutory authority for retaking absconders from mental hospitals has always existed since county asylums, the forerunners of mental hospitals, were first built in the nineteenth century. This article analyses the period within which such absconders may be retaken. It considers both offenders and non-offenders who abscond or go absent without leave and looks critically at the concept of ‘discharge by operation of law', a rule of practice (rather than a statutory rule) now eradicated by s.2(1) of the long overdue Mental Health (Patients in the Community) Act 1995.

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Fovargue, Sara, e José Miola. "The best interests principle and providing treatment for adults without capacity in England and Wales". Clinical Ethics 5, n.º 4 (dezembro de 2010): 180–83. http://dx.doi.org/10.1258/ce.2010.010038.

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Parker, Christine, Tahlia Gordon e Steve Mark. "Regulating Law Firm Ethics Management: An Empirical Assessment of an Innovation in Regulation of the Legal Profession in New South Wales". Journal of Law and Society 37, n.º 3 (27 de agosto de 2010): 466–500. http://dx.doi.org/10.1111/j.1467-6478.2010.00515.x.

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Milroy, C. M. "1. Homicide Followed by Suicide (Dyadic Death) in Yorkshire and Humberside". Medicine, Science and the Law 33, n.º 2 (abril de 1993): 167–71. http://dx.doi.org/10.1177/002580249303300213.

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In England and Wales 5–10 per cent of homicides are followed by the suicide of the assailant. Fifty-two episodes of homicide-suicide occurring in Yorkshire and Humberside have been studied. Forty-nine of the assailants were male with a mean age of 49 years. There were 65 victims, who were usually the spouse and/or children of the killer. Shooting was the most frequent method of killing and subsequent suicide. The results are compared with other homicide statistics and previously published studies of homicide-suicide.

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Harris, Andrew. "‘Natural’ and ‘Unnatural’ medical deaths and coronial law: A UK and international review of the medical literature on natural and unnatural death and how it applies to medical death certification and reporting deaths to coroners". Medicine, Science and the Law 57, n.º 3 (julho de 2017): 105–14. http://dx.doi.org/10.1177/0025802417708948.

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In the United Kingdom, when people die, either a doctor writes an acceptable natural cause of death medical certificate, or a coroner (fiscal in Scotland) investigates the case, usually with an autopsy. An inquest may or may not follow. The concept of ‘natural or unnatural cause’ death is not internationally standardized. This article reviews scientific evidence as to what is a natural death or unnatural death and how that relates to the international classification of deaths. Whilst there is some consensus on the definition, its application in considering whether to report to the coroner is more difficult. Depictions of deaths in terminal care, medical emergencies and post-operative care highlight these difficulties. It secondly reviews to what extent natural and unnatural are criteria for notification of deaths in England and Wales and internationally. It concludes with consideration of how medical concepts of unnatural death relate in England and Wales to coroners’ legal concepts of what is unnatural. Deaths that appear natural to clinicians and pathologists may be legally unnatural and vice versa. It is argued that the natural/unnatural dichotomy is not a good criterion for reporting deaths under medical care to coroners, but the notification of a medical cause of death, using the International Classification of Disease Codes and the medical professional view as to whether it is scientifically natural, is of great value to the coroner in deciding whether it is legally unnatural.

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Georgieva, Irina, Richard Whittington, Christian Lauvrud, Tilman Steinert, Sofia Wikman, Peter Lepping, Joy Duxbury et al. "International variations in mental-health law regulating involuntary commitment of psychiatric patients as measured by the Mental Health Legislation Attitudes Scale". Medicine, Science and the Law 59, n.º 2 (abril de 2019): 104–14. http://dx.doi.org/10.1177/0025802419841139.

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Previous research illustrated that the laws regulating involuntary placement and treatment of people with mental-health problems are diverse across countries. International studies comparing satisfaction levels between countries are rare. We compared the opinions of professionals and family members about the operation of the national mental-health law regulating forcibly admission and treatment of psychiatric patients in 11 countries: Ireland, Iceland, England and Wales, Romania, Slovenia, Denmark, Germany, Sweden, Norway and India. An online survey design was adopted using a Mental Health Legislation Attitudes Scale (MHLAS). This brief nine-item questionnaire was distributed via email to psychiatrists, general practitioners, acute and community mental-health nurses, tribunal members, police officers and family members in each collaborating country. The levels of agreement/disagreement were measured on a Likert scale. Data were analysed both per question and with regard to a total MHLAS ‘approval’ score computed as a sum of the nine questions. We found that respondents in England and Wales and Denmark expressed the highest approval for their national legislation (76% and 74%, respectively), with those in India and Ireland expressing the lowest approval (65% and 64%, respectively). Almost all countries had a more positive attitude in comparison to Ireland on the admission criteria for involuntary placement and the way people are transferred to psychiatric hospitals. There are significant variations across Europe and beyond in terms of approval for how the national mental-health law framework operates in each country.

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Hill, Simon A., Elliott Riordan-Eva e Alexandra Hosking. "Trends in the number of restricted patients in England and Wales 2003–2016: Implications for forensic psychiatry services". Medicine, Science and the Law 59, n.º 1 (janeiro de 2019): 42–48. http://dx.doi.org/10.1177/0025802419825596.

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This paper uses data produced by the Ministry of Justice to look for trends in the numbers of various categories of patients detained under the Mental Health Act in England and Wales between 2003 and 2016. Specifically, we have focussed on patients detained with Ministry of Justice restrictions in place. The number of ‘restricted’ patients, who are largely detained in secure psychiatric hospitals, has risen substantially during this period. If this trend continues, there will be the need for further expansion of secure psychiatric beds in the years ahead. Factors driving the increased number of restricted patients are discussed in this paper.

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Chambers, Douglas R., e John G. Harvey. "Inner Urban and National Suicide Rates, a Simple Comparative Study". Medicine, Science and the Law 29, n.º 3 (julho de 1989): 182–85. http://dx.doi.org/10.1177/002580248902900302.

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The authors have calculated the suicide rate per million for individual causes of death in the Inner North London Coroner's jurisdiction and also a composite rate for all methods of self-destruction. These have been compared with the rates for England and Wales in the years 1979–1985 inclusive. Also calculated has been a total ‘non-accidental’ death rate comprising all deaths by self-destructive behaviour. For certain causes the two rates are similar but for the remainder there are wide differences. The effect of the law relating to suicide verdicts has been described and its effects discussed.

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