scholarly journals Medical Tourism and the Best Interests of the Critically ill Child in the Era of Healthcare Globalisation

2020 ◽  
Vol 28 (4) ◽  
pp. 696-730
Author(s):  
Neera Bhatia ◽  
Giles Birchley
Keyword(s):  
Critically Ill ◽  
Healthcare Professionals ◽  
Medical Tourism ◽  
Case Law ◽  
Best Interests ◽  
Critically Ill Children ◽  
Medical Law ◽  
Novel Treatments ◽  
Critically Ill Child ◽  
The Law

Abstract In this article, we examine emerging challenges to medical law arising from healthcare globalisation concerning disputes between parents and healthcare professionals in the care and treatment of critically ill children. We explore a series of issues emerging in English case law concerning children’s medical treatment that are signs of increasing globalisation. We argue that these interrelated issues present distinct challenges to healthcare economics, clinical practice, and the operation of the law. First, social media leverages the emotive aspects of cases; secondly, the Internet provides unfiltered information about novel treatments and access to crowdfunding to pay for them. Finally, the removal of barriers to global trade and travel allows child medical tourism to emerge as the nexus of these issues. These aspects of globalisation have implications for medicine and the law, yet child medical tourism has been little examined. We argue that it affects a range of interests, including children’s rights, parents’ rights as consumers, and the interests of society in communalised healthcare. Identifying putative solutions and a research agenda around these issues is important. While cases involving critically ill children are complex and emotionally fraught, the interconnectedness of these issues requires the law to engage and respond coherently to the impacts of healthcare globalisation.

scholarly journals Clinic, courtroom or (specialist) committee: in the best interests of the critically Ill child?

2018 ◽  
Vol 44 (7) ◽  
pp. 471-475 ◽  
Author(s):  
Richard Huxtable
Keyword(s):  
Critically Ill ◽  
Support Services ◽  
Best Interests ◽  
Ethics Support ◽  
Specialist Services ◽  
Critically Ill Child ◽  
The Uk ◽  
Promising Development ◽  
Specialist Committee

Law’s processes are likely always to be needed when particularly intractable conflicts arise in relation to the care of a critically ill child like Charlie Gard. Recourse to law has its merits, but it also imposes costs, and the courts’ decisions about the best interests of such children appear to suffer from uncertainty, unpredictability and insufficiency. The insufficiency arises from the courts’ apparent reluctance to enter into the ethical dimensions of such cases. Presuming that such reflection is warranted, this article explores alternatives to the courts, and in particular the merits of specialist ethics support services, which appear to be on the rise in the UK. Such specialist services show promise, as they are less formal and adversarial than the courts and they appear capable of offering expert ethical advice. However, further research is needed into such services – and into generalist ethics support services – in order to gauge whether this is indeed a promising development.

Medical Law and Ethics

2018 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Case Law ◽  
Medical Law ◽  
Legal Principles ◽  
Codes Of Practice ◽  
Reality Check ◽  
Law And Ethics ◽  
The Supreme Court ◽  
Feminist Perspectives ◽  
The Law ◽  
Court Of Appeal

Medical Law and Ethics covers not only the core legal principles, key cases, and statutes that govern medical law, but also explores the key ethical debates and dilemmas that exist in the field to ensure that the law is firmly embedded within its context. The title highlights these debates, drawing out the European angles, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as ‘a shock to the system’, ‘public opinion’, and ‘reality check’ introduce further sociological aspects, contributing to the way in which the subject is approached. This new edition also includes coverage of new Codes of Practice issued by the Human Tissue Authority and the changes in the structure of the NHS. It also outlines important case law developments on the law on mental capacity and euthanasia, including the Charlie Gard litigation, the decision of the Supreme Court in Montgomery, and the Court of Appeal in Conway.

Pediatric Obesity in Acute and Critical Care

2008 ◽  
Vol 19 (1) ◽  
pp. 38-46
Author(s):  
Andrea M. Kline
Keyword(s):  
United States ◽  
Critical Care ◽  
Critically Ill ◽  
Pediatric Obesity ◽  
The United States ◽  
Critically Ill Children ◽  
Surgical Strategies ◽  
Specific Effects ◽  
Critically Ill Child

Pediatric obesity has reached epidemic proportions in the United States. Significant obesity-related comorbidities are being noted at earlier ages and often have implications for the acute and critically ill child. This article will review the latest in epidemiologic trends of pediatric obesity and examine how it affects multisystem body organs. The latest data evaluating the specific effects of obesity on acute and critically ill children will be reviewed. Available nonpharmacologic, pharmacologic, and surgical strategies to combat pediatric obesity will be discussed.

scholarly journals Feeding the critically ill child in intensive care units: a descriptive qualitative study in two tertiary hospitals in Ghana

2021 ◽  
Author(s):  
Alhassan Sibdow Abukari ◽  
Angela Kwartemaa Acheampong
Keyword(s):  
Intensive Care ◽  
Intensive Care Units ◽  
Critically Ill ◽  
Medical Condition ◽  
Teaching Hospitals ◽  
Critically Ill Children ◽  
Feeding Method ◽  
Tertiary Teaching ◽  
Critically Ill Child ◽  
Descriptive Qualitative

Abstract Background: Critically ill children require optimum feeding in the intensive care for speedy recovery. Several factors determine their feeding and the feeding method to adopt to address this phenomenon. The aim of this study was to explore and describe the feeding criteria of critically ill children at the neonatal and paediatric intensive care units.Methods: A descriptive qualitative design was used to conduct the study. Six focus group discussions were conducted, and each group had five members. In addition, twelve one-on-one interviews were conducted in two public tertiary teaching hospitals in Ghana and analyzed by content analysis using MAXQDA Plus version 2020 qualitative software. Participants were selected purposively (N=42).Results: The decision to feed a critically ill child in the ICU was largely determined by the child’s medical condition as well as the experts’ knowledge and skills to feed. It emerged from the data that cup feeding, enteral, parenteral and breastfeeding were the feeding processes employed by the clinicians to feed the critically ill children.Conclusions: Regular in-service training of clinicians on feeding critically ill children, provision of logistics and specialized personnel in the ICU is recommended to reduce possible infant and child mortality resulting from feeding.

scholarly journals Fagkunnskap på godt og vondt - helsepersonell som pårørende til egne alvorlig syke barn på sykehus, en kvalitativ studie

2020 ◽  
Vol 16 (1) ◽  
pp. 15
Author(s):  
Claudine Skaret ◽  
Else Lykkeslet ◽  
Trude Fløystad Eines
Keyword(s):  
Critically Ill ◽  
Health Professionals ◽  
Health Care Professionals ◽  
Healthcare Professionals ◽  
Critically Ill Children ◽  
Stressful Event ◽  
Role Conflicts ◽  
Scant Attention ◽  
Psychological Difficulties ◽  
Depth Interviews

Expertise - an advantage or a hindrance? Healthcare professionals as relatives of their own critically ill children in hospital, -a qualitative study The hospitalization of children is a stressful event for parents, and it may be even worse for parents who are healthcare professionals. Scant attention has been given to this issue in the literature and by researchers. This study aim to describe how a small group of health professionals experience the hospitalization of their child, in critically ill cases. The data are based on a qualitative design, using depth interviews with three nurses and a doctor. The interviews were analyzed using a thematic content approach. The findings show how the informants experience role conflicts, and social and psychological difficulties as relatives. This article highlights the importance of how health care professionals interact and support health professionals as relatives for their own children hospitalized.

Medical Law and Ethics

2020 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Case Law ◽  
Mental Capacity ◽  
Medical Law ◽  
Legal Principles ◽  
Reality Check ◽  
Law And Ethics ◽  
Feminist Perspectives ◽  
The Law ◽  
Mental Capacity Act ◽  
Court Of Appeal

Medical Law and Ethics covers not only the core legal principles, key cases, and statutes that govern medical law, but also explores the key ethical debates and dilemmas that exist in the field to ensure that the law is firmly embedded within its context. The title highlights these debates, drawing out the European angles, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as ‘a shock to the system’, ‘public opinion’, and ‘reality check’ introduce further sociological aspects, contributing to the way in which the subject is approached. This new edition also includes coverage of new Guidance issued by the GMC and the new Protection of Liberty Safeguards. It also outlines important case law developments on the law on mental capacity and euthanasia, including the Alfie Evans and Tafida Raqeeb litigation, case law interpreting the Mental Capacity Act, and the Court of Appeal in Conway.

scholarly journals Supreme Court Restates Directors' Fiduciary Duty - A Comment on Peoples Department Stores v. Wise

2020 ◽  
pp. 383-405
Author(s):  
Darcy L. MacPherson
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Corporate Law ◽  
Fiduciary Duty ◽  
Best Interests ◽  
Large Element ◽  
Supreme Court Of Canada ◽  
Department Stores ◽  
Shareholder Primacy ◽  
The Law

This article considers the implications of the recent Supreme Court of Canada decision in Peoples Department Stores v. Wise for the law of directors' fiduciary duties. The Court’s decision is attacked on two grounds. First, the author criticizes the Court’s interpretation and treatment of the phrase "the best interests of the corporation" as found in the Canada Business Corporations Act. It is argued that the decision in Wise rejects the traditional interpretation of this phrase which was previously accepted to mean "the best interests of the shareholders collectively. " This rejection raises the spectre of the debate between the "shareholder primacy " model of directors' duties and broader "pluralist" alternatives. By undercutting the lynchpin of the "shareholder primacy" model, the author suggests that the Court has left a vacuum in the law because the Court failed to outline what is to replace this traditional interpretation, or even to acknowledge the substantive change being made. At the level of process, it is equally suggested that the revision of important principles in corporate law exclusively through the judiciary is fundamentally undesirable, where the law of directors' duties has such a large element of public policy attached to it. The author also proposes that the decision in Wise has resulted in an unacceptable level of uncertainty in the law, and that this uncertainty was neither necessary nor advisable to resolve the case before the Court. Second, the author criticizes the Court's comments indicating that a breach of fiduciary duty requires mala fides on the part of directors. It is argued that this is inconsistent with pre-existing case law.

Forcing the Insanity Defense on Unwilling Defendants: Best Interests and the Dignity of the Law

1996 ◽  
Vol 24 (4) ◽  
pp. 487-509 ◽  
Author(s):  
Robert D. Miller ◽  
Jonathan Olin ◽  
David Johnson ◽  
John Doidge ◽  
David Iverson ◽  
...  
Keyword(s):  
Mental Health ◽  
Common Law ◽  
Case Law ◽  
Insanity Defense ◽  
Best Interests ◽  
Policy Preference ◽  
Forensic Mental Health ◽  
Criminal Defendant ◽  
The Law ◽  
Attorneys General

Although the choice of which plea to enter is reserved, under common law and most statutory law, to a criminal defendant, 17 of the 48 jurisdictions that retained the insanity defense at the time of this study permit that defense to be imposed over the objections of defendants. The authors present the results of a survey of the literature, statutes, and case law that deal with forced insanity defenses, as well as a national survey of attorneys general and state forensic mental health forensic program directors, which indicate that over a third of jurisdictions permit the imposition of the insanity defense on unwilling defendants. They also present the results of a detailed survey of 50 consecutive defendants evaluated for sanity in Colorado. While respondents from the jurisdictions (including Colorado) that permit forced insanity defenses estimate that such imposition is very rare, the results from the Colorado survey indicate that, at least in that state, it represents 32% of insanity defenses initially entered. The major reason for permitting such imposed defenses is a policy preference for preserving the dignity of the law over the rights of individual competent defendants. The authors discuss the implications of that position for forensic evaluators.

Care-Entrusting

Save My Kid ◽  
2020 ◽  
pp. 77-104
Author(s):  
Amanda M. Gengler
Keyword(s):  
Medical Care ◽  
Critically Ill ◽  
Critically Ill Children ◽  
Health Capital ◽  
Critically Ill Child

Chapter 4 profiles families of critically ill children who primarily care-entrusted. The author lays out the very different philosophies that several families applied to managing their children’s medical care and shows the various ways that they channelled their advocacy efforts. These families missed out on some of the medical advantages care-captaining could produce, and, with fewer resources, often struggled to negotiate the logistical demands of caring for a critically ill child. Yet care-entrusting often makes more emotional sense for families with little cultural health capital, and as such can provide them some important nonmedical benefits.

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