The Legal Standard of Loyalty and Professional Guidelines

2006 ◽  
Author(s):  
Robert P. Austin
Keyword(s):  
Legal Standard ◽  
Professional Guidelines

Orders Not to Resuscitate: The Sharon Siebert Case

1981 ◽  
Vol 2 (5) ◽  
pp. 3-7
Author(s):  
George J. Annas
Keyword(s):  
Do Not Resuscitate ◽  
Lower Court ◽  
Legal Standard ◽  
Dnr Orders

In a previous column I discussed the testimony of a number of nurses in the case of Ms. Sharon Siebert. That case was decided by a lower court on February 13, 1981, and this column discusses Judge Lindsay G. Arthur's opinion. Jane Hoyt, a friend, not a relative, of Ms. Siebert, brought suit to enjoin an order not to resuscitate that had been written on Ms. Siebert. The case raised a number of important issues, including whether the court would allow a suit brought by someone in Ms. Hoyt's position vis-à-vis the patient, and if it did, what legal standard the court might require in the writing of Do Not Resuscitate (DNR) orders.

scholarly journals Genetic Testing for Minors: Comparison between Italian and British Guidelines

2012 ◽  
Vol 2012 ◽  
pp. 1-4 ◽  
Author(s):  
Pamela Tozzo ◽  
Luciana Caenazzo ◽  
Daniele Rodriguez
Keyword(s):  
Clinical Practice ◽  
Genetic Testing ◽  
Ethical Issues ◽  
Social Issues ◽  
Carrier Testing ◽  
European Countries ◽  
National Guidelines ◽  
Common Framework ◽  
Professional Guidelines

Genetic testing in children raises many important ethical, legal, and social issues. One of the main concerns is the ethically inappropriate genetic testing of minors. Various European countries established professional guidelines which reflect the different countries perspectives regarding the main ethical issues involved. In this paper, we analyze the Italian and the British guidelines by highlighting differences and similarities. We discuss presymptomatic, predictive, and carrier testing because we consider them to be the more ethically problematic types of genetic testing in minors. In our opinion, national guidelines should take into account the different needs in clinical practice. At the same time, in the case of genetic testing the national and supranational protection of minors could be strengthened by approving guidelines based on a common framework of principles and values. We suggest that the Oviedo Convention could represent an example of such a common framework or, at least, it could lead to articulate it.

Requirements for Amicus Curiae Participation in International Investment ArbitrationA Deconstruction of the Procedural Wall Erected in Joint ICSID Cases ARB/10/25 and ARB/10/15

2013 ◽  
Vol 12 (3) ◽  
pp. 365-390 ◽  
Author(s):  
Christian Schliemann
Keyword(s):  
International Law ◽  
International Investment ◽  
Recent Attempt ◽  
Arbitral Tribunal ◽  
Amicus Curiae ◽  
Legal Rules ◽  
Investment Arbitration ◽  
Legal Standard ◽  
Investment Law

Abstract The legal standard on amicus curiae participation in international investment arbitration has been forged by the judicial development of legal rules and, in parallel, the modification of normative sources, such as the ICSID Arbitration Rules. Current and future decisions by arbitral tribunals on the participation of amicus curiae in a given dispute must abide by this consolidated standard. In June 2012, the arbitral tribunal in Joint ICSID Cases No. ARB/10/15 and No. ARB/10/25 released a procedural order, rejecting an amicus petition. This Order contains various deviations from the applicable legal standard and severely restricts the options for amicus participation. The recent attempt to strengthen the legitimacy of international investment arbitration by allowing for greater amicus participation and the acknowledgement of the interdependence of investment law and other areas of international law is thereby put in peril.

The Privilege of Information—An Examination of the Defence of Therapeutic Privilege and its Implications for Pregnant Women

2021 ◽  
Author(s):  
Aoife M Finnerty
Keyword(s):  
Pregnant Women ◽  
Postpartum Period ◽  
Patient Autonomy ◽  
Common Law ◽  
Case Law ◽  
England And Wales ◽  
Judicial Scrutiny ◽  
Therapeutic Privilege ◽  
Professional Guidelines ◽  
In Pregnancy

Abstract Though apparently in existence across common law countries, the defence of ‘therapeutic privilege’ receives scant judicial analysis in case law. The extent of its reach is unclear and its underpinning justification is shaky. Often it forms a throwaway remark or poorly explored caveat when the duty of a physician to disclose information is being examined, rather than receiving any detailed judicial scrutiny in its own right. Furthermore, despite references to it in case law, it is questionable if it has ever successfully been invoked as a defence in either England and Wales or Ireland. This piece examines this lack of clarity and the often-vague references to the existence of therapeutic privilege in both case law and professional guidelines, followed by a consideration of why the defence may be particularly problematic and unjustified in the context of childbirth and the immediate postpartum period. Considering the dangers of therapeutic privilege in pregnancy presents a timely opportunity to examine the issues with the use of the defence in all other healthcare contexts, focusing particularly on its impact on individual patient autonomy. Finally, this piece concludes by contending that therapeutic privilege ought to be abolished, if it truly exists at all.

Aligning patient and physician views on educational pelvic examinations under anaesthesia: the medical student perspective

2020 ◽  
pp. medethics-2020-106473
Author(s):  
Sanjana Salwi ◽  
Alexandra Erath ◽  
Pious D Patel ◽  
Karampreet Kaur ◽  
Margaret B Mitchell
Keyword(s):  
Medical Student ◽  
Medical Students ◽  
Clinical Skill ◽  
Medical Community ◽  
Student Perspective ◽  
Physician Perspectives ◽  
Explicit Consent ◽  
Pelvic Examinations ◽  
Professional Guidelines

Recent media articles have stirred controversy over anecdotal reports of medical students practising educational pelvic examinations on women under anaesthesia without explicit consent. The understandable public outrage that followed merits a substantive response from the medical community. As medical students, we offer a unique perspective on consent for trainee involvement informed by the transitional stage we occupy between patient and physician. We start by contextualising the role of educational pelvic examinations under anaesthesia (EUAs) within general clinical skill development in medical education. Then we analyse two main barriers to achieving explicit consent for educational pelvic EUAs: ambiguity within professional guidelines on how to operationalize ‘explicit consent’ and divergent patient and physician perspectives on harm which prevent physicians from understanding what a reasonable patient would want to know before a procedure. To overcome these barriers, we advocate for more research on patient perspectives to empower the reasonable patient standard. Next, we call for minimum disclosure standards informed by this research and created in conjunction with students, physicians and patients to improve the informed consent process and relieve medical student moral injury caused by performing ‘unconsented’ educational pelvic exams.

scholarly journals Kedudukan Dinas Pertanahan Aceh Dalam Penyelesaian Sengketa Pertanahan Pasca Perpres Nomor 23 Tahun 2015

2019 ◽  
Vol 3 (3) ◽  
pp. 395-416
Author(s):  
Rahmat Nofrizal ◽  
Husni Jalil ◽  
Muhammad Saleh
Keyword(s):  
Dispute Resolution ◽  
Significant Role ◽  
Research Method ◽  
Public Access ◽  
Land Conflicts ◽  
State Institutions ◽  
Land Dispute ◽  
Legal Standard ◽  
Land Disputes ◽  
Regional Land

Pada tahun 2016, Pemerintah Aceh membentuk Dinas Pertanahan Aceh yang kewenangannya mengurusi di bidang pelayanan pertanahan. Salah satu kewenangannya adalah dalam hal penyelesaian sengketa pertanahan. Pada Kenyataannya, Badan Pertanahan Nasional (BPN) juga memiliki kewenangan dalam penyelesaian sengketa pertanahan di Aceh. Terdapat tumpang tindih kewenangan dua lembaga negara dalam hal penyelesaian sengketa pertanahan di Aceh. Penelitian ini bertujuan untuk mengetahui kedudukan Dinas Pertanahan Aceh dalam penyelesaian sengketa pertanahan pasca Perpres Nomor 23 Tahun 2015. Penelitian ini menggunakan metode penelitian yuridis normatif. Hasil penilitian menunjukkan bahwa kedudukan Dinas Pertanahan Aceh memiliki peranan penting dalam penyelesaian sengketa pertanahan yang terjadi di Aceh. Lahirnya Dinas Pertanahan Aceh dapat mempermudah akses masyarakat dalam hal penyelesaian konflik tanah. Disarankan DPR Aceh bersama Gubernur Aceh perlu mempercepat proses pengesahan draf Qanun Pertanahan Aceh sebagai payung hukum bagi Dinas Pertanahan Aceh dalam mengoptimalkan peran dan fungsinya terkait penyelesaian sengketa pertanahan di Aceh.In 2016, the Aceh Government formed the Regional Land Office of Aceh whose authority held government affairs in land services. One of the authorities of the Regional Land Office of Aceh is in terms of land dispute resolution and conflict. The National Land Agency (BPN) also has authority in resolving land disputes in Aceh. There are overlaps in the authority of two state institutions regarding resolving land disputes in Aceh. This study aims to determine the position of the Regional Land Office of Aceh in settlement of land disputes after the issuance of the Presidential Regulation Number 23 of 2015. This study uses a normative juridical research method. The research results show that the position of the Regional Land Office of Aceh has a significant role in resolving land disputes that occurred in Aceh. The establishment of The Regional Land Office of Aceh can facilitate public access in terms of resolving land conflicts. It is suggested that the Aceh House Representative together with the Governor of Aceh need to accelerate the process of ratifying the draft of Qanun (Islamic bylaw) of Aceh Land as a strong legal standard for the Regional Land Office of Aceh in optimizing its roles and functions related to land dispute resolution in Aceh.

scholarly journals MORTGAGOR’S LIABILITY FOR THE PRESERVATION OF THE VALUE OF A MORTGAGED REAL ESTATE

TEME ◽  
2020 ◽  
pp. 065
Author(s):  
Milica Vučković ◽  
Miroslav Lazić
Keyword(s):  
Real Estate ◽  
Civil Law ◽  
Civil Liability ◽  
Due Diligence ◽  
Legal Standard ◽  
Real Risk ◽  
The Relationship

In this paper, the authors analyze the civil law liability of a mortgage debtor (mortgagor) in cases where the debtor breaches the obligation of treating the mortgaged real estate in compliance with the legal standard of acting with due diligence of “a good host” or “a good businessman,” and thus depreciates its value to the extent that jeopardizes the possibility of enforcing the claim. Given the accessory nature of mortgage which is aimed at securing the claim as the primary right, this form of civil liability and the corresponding rights of the mortgage creditor (mortgagee) are applicable before raising the issue of traditional civil law liability, which implies the maturity of the receivables and compensation for the damage sustained by the creditor. This form of civil liability may also be used preventively when there is a real risk of causing damage to the mortgagee. The relationship between civil law liability and the insurance of the mortgaged asset implies that they do not exclude but complement each other.

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