|
Medical Law
Medical law is the branch of law which concerns the prerogatives and responsibilities of medical professionals and the rights of the patient. It should not be confused with medical jurisprudence, which is a branch of medicine, rather than a branch of law. Branches Branches of medical law include: * the law of torts (i.e. medical malpractice); *criminal law in relation to medical practice and treatment; * the ethics of medical practice; * health law and regulation. Administrative law Health professional's fitness to practise is regulated by medical licensing. If concerns are raised regarding a health professional the licensing body may choose to suspend or reject their license. Education to work in medical law A career in Medical Law usually requires a bachelor's degree in bioethics, government, healthcare management or policy, public or global health, or (outside the US) law. Career descriptions in the field of medical law * Reviewing medical documents, files, and re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prerogative
In law, a prerogative is an exclusive right bestowed by a government or State (polity), state and invested in an individual or group, the content of which is separate from the body of rights enjoyed under the general law. It was a common facet of Feudalism, feudal law. The word is derived from Old French ''prerogative'' (14c.), M.L. ''prerogativa'' "special right", from Latin ''Prorogatio, praerogativa'' "prerogative, previous choice or election", originally (with Roman assemblies#Legislative Assemblies of the Roman Republic, tribus, Roman assemblies#Legislative Assemblies of the Roman Republic, centuria) "100 voters who by lot voted first in the Roman Roman assemblies#Legislative Assemblies of the Roman Republic, comitia", from ''praerogativus'' (adj.) "chosen to vote first". Topics * Extraterritoriality * Prerogative court * Prerogative writ * Royal prerogative See also * Individual rights * Sui juris * "My Prerogative" (song) References External links * Legal ter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Battery (tort)
In common law, battery is a tort falling under the umbrella term 'trespass to the person'. Entailing unlawful contact which is directed and intentional, or reckless (or, in Australia, negligently) and voluntarily bringing about a harmful or offensive contact with a person or to something closely associated with them, such as a bag or purse, without legal consent. Unlike assault, in which the fear of imminent contact may support a civil claim, battery involves an actual contact. The contact can be by one person (the tortfeasor) of another (the victim), with or without a weapon, or the contact may be by an object brought about by the tortfeasor. For example, the intentional driving of a car into contact with another person, or the intentional striking of a person with a thrown rock, is a battery. Unlike criminal law, which recognizes degrees of various crimes involving physical contact, there is but a single tort of battery. Lightly flicking a person's ear is battery, as is severel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Medical Malpractice
Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient. The negligence might arise from errors in diagnosis, treatment, aftercare or health management. An act of medical malpractice usually has three characteristics. Firstly, it must be proven that the treatment has not been consistent with the standard of care, which is the standard medical treatment accepted and recognized by the profession. Secondly, it must be proven that the patient has suffered some kind of injury due to the negligence. In other words, an injury without negligence or an act of negligence without causing any injury cannot be considered malpractice. Thirdly, it must be proven that the injury resulted in significant damages such as disability, unusual pain, suffering, hardship, loss of income or a significant burden of medical bills. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Involuntary Treatment
Involuntary treatment or mandatory treatment refers to medical treatment undertaken without the consent of the person being treated. Involuntary treatment is permitted by law in some countries when overseen by the judiciary through court orders; other countries defer directly to the medical opinions of doctors. Some countries have general legislation allowing for any treatment deemed necessary if an individual is unable to consent to a treatment due to a perceived lack of Mental capacity in England and Wales, capacity, other legislation may specifically deal with involuntary psychiatric treatment of individuals who have been diagnosed with a mental disorder. Psychiatric treatment normally happens in a psychiatric hospital after some form of involuntary commitment, though individuals may be compelled to undergo treatment outside of hospitals via outpatient commitment. The diagnosis of mental disorders can be carried out by some form clinical practitioner, or in some cases law en ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Involuntary Commitment
Involuntary commitment, civil commitment, or involuntary hospitalization/hospitalisation, or informally in Britain sectioning, being sectioned, commitment, or being committed, is a legal process through which an individual who is deemed by a qualified person to have symptoms of severe mental disorder is detained in a psychiatric hospital (inpatient) where they can be treated involuntarily. This treatment may involve the administration of psychoactive drugs, including involuntary administration. In many jurisdictions, people diagnosed with mental health disorders can also be forced to undergo treatment while in the community; this is sometimes referred to as outpatient commitment and shares legal processes with commitment. Criteria for civil commitment are established by laws which vary between nations. Commitment proceedings often follow a period of emergency hospitalization, during which an individual with acute psychiatric symptoms is confined for a relatively short duration ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inviolability
Sacrosanctity () or inviolability is the declaration of physical inviolability of a place (particularly temples and city walls), a sacred object, or a person. Under Roman law, this was established through sacred law (), which had religious connotations. Festus explained that: “Sacred laws are laws which have the sanction that anyone who broke them becomes accursed to one of the gods, together with his family and property”. In some cases the law may have been applied to protect temples from being defiled. It could also be applied to protect a person who was declared sacrosanct (inviolable). Those who harmed a sacrosanct person became ''sacer'' (accursed) through the declaration ''sacer esto!'' ("Let him be accursed"). The offender was considered as having harmed the gods or a god, as well as the sacrosanct person and therefore accursed to the gods or a god. This meant that the offender became forfeit to the god(s) and on his death he was surrendered to the god(s) in question. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Health Law
Health law is a field of law that encompasses federal, state, and local law, rules, regulations and other jurisprudence among providers, payers and vendors to the health care industry and its patients, and delivery of health care services, with an emphasis on operations, regulatory and transactional issues. Terminology The Florida Bar defines "health law" as "legal issues involving federal, state, or local law, rules or regulations and health care provider issues, regulation of providers, legal issues regarding relationships between and among providers, legal issues regarding relationships between providers and payers, and legal issues regarding the delivery of health care services." American University's college of law, in health law and policy, divides health law into 4 areas: health care law (focused on treatment), public and population health law (focused on prevention), bioethics, and global health law. The terms "legislation" and " law" are used to refer generically to stat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Euthanasia
Euthanasia (from : + ) is the practice of intentionally ending life to eliminate pain and suffering. Different countries have different Legality of euthanasia, euthanasia laws. The British House of Lords Select committee (United Kingdom), select committee on medical ethics defines euthanasia as "a deliberate intervention undertaken with the express intention of ending a life to relieve intractable suffering". In the Netherlands and Belgium, euthanasia is understood as "termination of life by a doctor at the request of a patient". The Dutch law, however, does not use the term 'euthanasia' but includes the concept under the broader definition of "assisted suicide and termination of life on request". Euthanasia is categorised in different ways, which include Voluntary euthanasia, voluntary, Non-voluntary euthanasia, non-voluntary, and Involuntary euthanasia, involuntary. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Convention For The Protection Of Human Rights And Dignity Of The Human Being With Regard To The Application Of Biology And Medicine
The Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine, otherwise known as the European Convention on Bioethics or the European Bioethics Convention, is an international instrument aiming to prohibit the misuse of innovations in biomedicine and to protect human dignity. The Convention was opened for signature on 4 April 1997 in Oviedo, Spain and is thus otherwise known as the Oviedo Convention. The International treaty is a manifestation of the effort on the part of the Council of Europe to keep pace with developments in the field of biomedicine; it is notably the first multilateral binding instrument entirely devoted to biolaw. The Convention entered into force on 1 December 1999. Characteristics The Convention provides a framework structure to preserve human dignity comprehensively across the field of bioethics. The instrument is shaped around the premise that there is a fundamental connection betwe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consent (criminal Law)
In criminal law, consent may be used as an excuse and prevent the defendant from incurring liability for what was done. Defenses against criminal liability A defense against criminal liability may arise when a defendant can argue that, because of consent, there was no crime (e.g., arguing that permission was given to use an automobile, so it was not theft or taken without owner's consent). But public policy requires courts to lay down limits on the extent to which citizens are allowed to consent or are to be bound by apparent consent given. As an application of '' parens patriae'', for example, minors cannot consent to having sexual intercourse under a specified age even though the particular instance of statutory rape might be a "victimless" offense. In the case of adults, there are similar limits imposed on their capacity where the state deems the issue to be of sufficient significance. Thus, for example, an individual domiciled in a common law state cannot give conse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conjoined Twins
Conjoined twins, popularly referred to as Siamese twins, are twins joined '' in utero''. It is a very rare phenomenon, estimated to occur in anywhere between one in 50,000 births to one in 200,000 births, with a somewhat higher incidence in southwest Asia and Africa. Approximately half are stillborn, and an additional one-third die within 24 hours. Most live births are female, with a ratio of 3:1. Two possible explanations of the cause of conjoined twins have been proposed. The one that is generally accepted is ''fission'', in which the fertilized egg splits partially. The other explanation, no longer believed to be accurate, is ''fusion'', in which the fertilized egg completely separates, but stem cells (that search for similar cells) find similar stem cells on the other twin and fuse the twins together. Conjoined twins and some monozygotic, but not conjoined, twins share a single common chorion, placenta, and amniotic sac '' in utero''. Chang and Eng Bunker (1811–1874) we ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
