By Aditi Srivastava. The intersection of laws relating to medical termination of pregnancy and criminal procedure gives rise to complex and critical medico-legal issues. This blog post delves into one such issue, that is, the role of foetal tissue preservation in cases of medical termination of pregnancy involving sexual assault victims, in the Indian context. […]
Category: Law
Reflections on the misrepresentation of one’s work
By Richard B. Gibson. In 2020, I published an article called No Harm, No Foul? Body Integrity Identity Disorder and the Metaphysics of Grievous Bodily Harm. The piece highlights the lack of definitional clarity within English and Welsh criminal law regarding what harm is, arguing that the concept’s open to varying interpretations. It uses metaphysics […]
Should healthcare workers vote to strike?
By Ben Saunders. As I write, in August 2023, junior doctors in the UK are once again being balloted over strike action. While the ethics of strikes by healthcare workers has been hotly debated, less attention has been given to the balloting procedures. This is unfortunate, since the requirements imposed by the Trade Union Act […]
Me, my cells and I: reflecting on the value of the genome in light of the Lacks family settlement
By Aileen Editha. “Not only were the HeLa cells derived from Henrietta Lacks – the HeLa cells are Henrietta Lacks” – Ben Crump, attorney for the Lacks family. (He)nrietta (La)cks Henrietta Lacks was a Black tobacco farmer living in Baltimore, Maryland. She was treated for cervical cancer at Johns Hopkins University Hospital, one of the […]
The UK Supreme Court just made meaningful patient involvement in medical decision-making more difficult
By Jennifer O’Neill. This week, the United Kingdom Supreme Court (UKSC) revisited its ruling in the landmark case of Montgomery v Lanarkshire [2015]. In McCulloch v Forth Valley Health Board [2023], the Supreme Court Justices established that doctors do not need to inform patients of all possible treatment alternatives as a requirement of informed consent. […]
To breach or not to breach a patient’s confidentiality? A case study in the colorectal clinic
By Daniel Sokol. A patient presents to the colorectal clinic with bleeding from the rectum. “Doctor”, he says sheepishly, “I must tell you that I have sex with my dog.” Intercourse with an animal, once known as ‘buggery with an animal’, is a criminal offence under s69 of the Sexual Offences Act 2003, with a […]
Law and Ethics: ‘Basic Science’
By Robert Wheeler Following the foundation of a Clinical Ethics Committee (CEC) in Southampton in 2002 by Dr Tom Woodcock, we have dealt with a steady trickle of cases posing significant ethical and legal questions concerning management of individual patients. It gradually dawned on us that many less contentious (but nonetheless relevant) enquiries were not […]
Does money affect the morality of surrogacy?
By J.Y. Lee. Surrogacy is a form of third-party assisted reproduction involving a gestational carrier other than the intended parent(s). There are no globally recognized surrogacy laws, but countries around the world often frame the legality of the surrogacy arrangement in terms of whether it is commercial (paid) or altruistic (unpaid). Of the nations that […]
Ethically inconsistent marketing of communication and resolution programs
By Doug Wojcieszak The movement to encourage physicians to disclose, apologize, and make amends (financial and otherwise) following medical errors is gaining momentum, especially in the United States. Many people are supporting this movement, including a large and growing collection of healthcare, insurance, and legal professionals and patient advocates who call themselves the “Collaborative for […]
Consent requires more than respect for autonomy
By Abeezar I Sarela. Health is foundational to freedom We live in an increasingly libertarian society. Each individual’s liberty, or freedom, to do as she wishes in leading her own life is highly prized. The emphasis on freedom is particularly high in matters of healthcare. This derives from an appreciation that health is central to […]