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Practitioners of medicine have a moral as well as legal obligation to serve their patients to the best of their ability, and in recent years the medical profession throughout the world has affirmed this principle. But where there is negligence of this sacred duty, a claim arises. Most civil claims are governed by the law of limitation, which restricts the time in which a plaintiff can bring a suit.
View Article and Find Full Text PDFAnalysis and improving countermeasures of medical disputes from the perspective of legal changes.
J Otol
October 2024
Law at China University of Geosciences (Beijing), No.29 Xueyuan Road, Haidian District,Beijing,100083, China.
Under the background of medical disputes growing in number, scale and intensity, tracing back legal changes in medical field as a breakthrough point, this paper took a legal perspective to illustrate changes in medical dispute settlements from legislative orientation to legal system improvement. In view of the fact that early legislation in medical field was biased towards identification and punishment of doctors' responsibility, and later intensive legislation in balancing increasing "medical trouble" phenomenon with limited effects and difficulties to abide by the law, this paper proposed to improve doctor-patient dispute settlements system in China referencing from foreign law experience, to reduce investigation of doctors at the judicial level, and to establish a settlement mechanism on doctors' apology at the legislative level, so as to promote a healthy development of doctor-patient relationship.
View Article and Find Full Text PDFProfessional liability and litigation in dental medicine: an analysis of the Portuguese context.
J Forensic Odontostomatol
December 2024
Faculdade de Medicina Dentária da Universidade do Porto.
Article Synopsis
- Dentists are regulated by a Deontological Code that outlines their professional duties and obligations, which are essential in the legal relationship with patients concerning treatment agreements.
- The study aimed to analyze court decisions in Portugal relating to dentists and patient claims, focusing on various factors like patient demographics, type of liability, and outcome of the claims.
- A survey of judgments from multiple Portuguese Superior Courts was conducted, including a summary of the legal context and decisions that emerged regarding dental practice.
Protecting Distress Migrants' Right to Health in Ecuador: Are Legal Commitments Being Fulfilled?
Health Hum Rights
December 2024
Associate professor in the Department of Health Promotion and Policy at the University of Massachusetts Amherst School of Public Health and Health Sciences, Amherst, United States.
Article Synopsis
- Ecuador's legal framework aims to ensure equitable health care access, but gaps remain due to the influx of nearly 500,000 Venezuelan migrants.
- A study involving interviews with key stakeholders revealed systemic obstacles, such as documentation requirements and discriminatory practices, that hinder distress migrants' access to health services.
- The analysis of a Constitutional Court case highlights the potential for judicial actions to improve health rights for these migrants, emphasizing the need for more comprehensive strategies to address their unique challenges in Ecuador's health system.
The challenges of being imperfect: how do judges and prosecutors deal with sentencing disparity.
Front Sociol
December 2024
Institute of Criminology at the Faculty of Law, University of Ljubljana, Ljubljana, Slovenia.
Legal decision-making aspires to be objective, a principle regarded as foundational to justice, public trust, and the legitimacy of legal outcomes. However, this ideal is often challenged by the reality of human judgment, which is influenced by subjective factors such as emotions, biases, and varying cognitive strategies. This paper investigates the psychological challenges faced by legal professionals in the context of sentencing, drawing on data from studies involving judges and prosecutors in Slovenia.
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