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The perceived guilt and innocence of adults with developmental language disorder and adults with typical language during a mock interrogation. JOURNAL OF COMMUNICATION DISORDERS 2024; 110:106429. [PMID: 38754317 DOI: 10.1016/j.jcomdis.2024.106429] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Subscribe] [Scholar Register] [Received: 05/16/2023] [Revised: 04/14/2024] [Accepted: 04/30/2024] [Indexed: 05/18/2024]
Abstract
PURPOSE This study examined if there were differences in the guilty and not guilty judgments of adults with developmental language disorder (DLD) and those with typical language (TL) functioning. METHOD Twenty-four adults (12 DLD, 12 TL) were assigned to either the guilty or not guilty conditions. Those in the guilty condition engaged in a mock crime while those in the not guilty condition were informed that a crime had been committed. Peer jurors were presented with video interrogations of the DLD (6 guilty, 6 not guilty) and TL (6 guilty, 6 not guilty) participants and were asked to make categorical judgments of guilty and not guilty and to indicate confidence in their judgments. RESULTS In general, peer jurors were not accurate in their judgments of the accused, and were more likely to judge individuals with DLD as guilty relative to accused individuals with TL. Peer jurors were particularly poor at judging innocent adults with DLD as not guilty and guilty adults with TL as guilty. Despite this, peer jurors were more confident than not in their guilty and not guilty determinations. CONCLUSIONS Peer jurors are confident in their judgments of the guilt of the accused when they should not be, particularly in the case of accused adults with DLD. Implications are discussed.
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Risks and benefits of sharing patient information on social media: a digital dilemma. EUROPEAN HEART JOURNAL. DIGITAL HEALTH 2024; 5:199-207. [PMID: 38774369 PMCID: PMC11104475 DOI: 10.1093/ehjdh/ztae009] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Grants] [Track Full Text] [Download PDF] [Figures] [Subscribe] [Scholar Register] [Received: 10/09/2023] [Revised: 02/05/2024] [Accepted: 02/05/2024] [Indexed: 05/24/2024]
Abstract
Social media (SoMe) has witnessed remarkable growth and emerged as a dominant method of communication worldwide. Platforms such as Facebook, X (formerly Twitter), LinkedIn, Instagram, TikTok, and YouTube have become important tools of the digital native generation. In the field of medicine, particularly, cardiology, attitudes towards SoMe have shifted, and professionals increasingly utilize it to share scientific findings, network with experts, and enhance teaching and learning. Notably, SoMe is being leveraged for teaching purposes, including the sharing of challenging and intriguing cases. However, sharing patient data, including photos or images, online carries significant implications and risks, potentially compromising individual privacy both online and offline. Privacy and data protection are fundamental rights within European Union treaties, and the General Data Protection Regulation (GDPR) serves as the cornerstone of data protection legislation. The GDPR outlines crucial requirements, such as obtaining 'consent' and implementing 'anonymization', that must be met before sharing sensitive and patient-identifiable information. Additionally, it is vital to consider the patient's perspective and prioritize ethical and social considerations when addressing challenges associated with sharing patient information on SoMe platforms. Given the absence of a peer-review process and clear guidelines, we present an initial approach, a code of conduct, and recommendations for the ethical use of SoMe. In conclusion, this comprehensive review underscores the importance of a balanced approach that ensures patient privacy and upholds ethical standards while harnessing the immense potential of SoMe to advance cardiology practice and facilitate knowledge dissemination.
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AI in radiology: Legal responsibilities and the car paradox. Eur J Radiol 2024; 175:111462. [PMID: 38608500 DOI: 10.1016/j.ejrad.2024.111462] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 03/22/2024] [Revised: 04/03/2024] [Accepted: 04/08/2024] [Indexed: 04/14/2024]
Abstract
The integration of AI in radiology raises significant legal questions about responsibility for errors. Radiologists fear AI may introduce new legal challenges, despite its potential to enhance diagnostic accuracy. AI tools, even those approved by regulatory bodies like the FDA or CE, are not perfect, posing a risk of failure. The key issue is how AI is implemented: as a stand-alone diagnostic tool or as an aid to radiologists. The latter approach could reduce undesired side effects. However, it's unclear who should be held liable for AI failures, with potential candidates ranging from engineers and radiologists involved in AI development to companies and department heads who integrate these tools into clinical practice. The EU's AI Act, recognizing AI's risks, categorizes applications by risk level, with many radiology-related AI tools considered high risk. Legal precedents in autonomous vehicles offer some guidance on assigning responsibility. Yet, the existing legal challenges in radiology, such as diagnostic errors, persist. AI's potential to improve diagnostics raises questions about the legal implications of not using available AI tools. For instance, an AI tool improving the detection of pediatric fractures could reduce legal risks. This situation parallels innovations like car turn signals, where ignoring available safety enhancements could lead to legal problems. The debate underscores the need for further research and regulation to clarify AI's role in radiology, balancing innovation with legal and ethical considerations.
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Mapping ethical, legal, and social implications (ELSI) of preimplantation genetic testing (PGT). J Assist Reprod Genet 2024:10.1007/s10815-024-03076-y. [PMID: 38512655 DOI: 10.1007/s10815-024-03076-y] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Grants] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 01/08/2024] [Accepted: 02/23/2024] [Indexed: 03/23/2024] Open
Abstract
PURPOSE Preimplantation Genetic Testing (PGT) has attracted considerable ethical, legal, and social scrutiny, but academic debate often fails to reflect clinical realities. METHODS Addressing this disconnect, a review of 506 articles from 1999 to 2019 across humanities and social sciences was conducted to synthesize the Ethical, Legal, and Social Implications (ELSI) of PGT. This review mined PubMed, WoS, and Scopus databases, using both MeSH terms and keywords to map out the research terrain. RESULTS The findings reveal a tenfold increase in global research output on PGT's ELSI from 1999 to 2019, signifying rising interest and concern. Despite heightened theoretical discourse on selecting "optimal" offspring, such practices were scarcely reported in clinical environments. Conversely, critical issues like PGT funding and familial impacts remain underexplored. Notably, 86% of the ELSI literature originates from just 12 countries, pointing to a research concentration. CONCLUSION This review underscores an urgent need for ELSI research to align more closely with clinical practice, promoting collaborations among ethicists, clinicians, policymakers, and economists. Such efforts are essential for grounding debates in practical relevance, ultimately steering PGT towards ethical integrity, societal acceptance, and equitable access, aiming to harmonize PGT research with real-world clinical concerns, enhancing the relevance and impact of future ethical discussions.
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Camden Coalition Medical- Legal Partnership: Year One Analysis of Civil + Criminal MLP Model in Addiction Medicine Setting. THE JOURNAL OF LAW, MEDICINE & ETHICS : A JOURNAL OF THE AMERICAN SOCIETY OF LAW, MEDICINE & ETHICS 2024; 51:838-846. [PMID: 38477287 DOI: 10.1017/jme.2024.19] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 03/14/2024]
Abstract
In 2022, the Camden Coalition Medical-Legal Partnership began providing civil and criminal legal services to substance use disorder patients at Cooper University Health Care's Center for Healing. This paper discusses early findings from the program's first year on the efficacy of the provision of criminal-legal representation, which is uncommon among MLPs and critical for this patient population. The paper concludes with takeaways for other programs providing legal services in an addiction medicine setting.
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A Guide for Physicians Serving as an Expert Witness for Personal Injury Cases and Other Litigations. Curr Pain Headache Rep 2024; 28:65-72. [PMID: 38117460 DOI: 10.1007/s11916-023-01203-5] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Accepted: 12/06/2023] [Indexed: 12/21/2023]
Abstract
PURPOSE OF REVIEW To provide a guide for physicians serving as an expert witness in all kinds of cases. RECENT FINDINGS Different societies proposed different guidelines for physicians serving as an expert witness. We wanted to summarize all recommendations in our article to provide a comprehensive guide to all physicians from different specialties. There is some overlap in recommendations, and it is important for physicians from different specialties to be aware of all recommendations proposed. It is very important for any health care provider who serves as an expert witness for personal injury or other cases to understand the guidelines around this process and best practices.
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Medico- legal risks of point-of-care ultrasound: a closed-case analysis of Canadian Medical Protective Association medico-legal cases. Ultrasound J 2024; 16:16. [PMID: 38396310 PMCID: PMC10891006 DOI: 10.1186/s13089-024-00364-7] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 07/25/2023] [Accepted: 02/11/2024] [Indexed: 02/25/2024] Open
Abstract
BACKGROUND Point-of-care ultrasound (POCUS) has become a core diagnostic tool for many physicians due to its portability, excellent safety profile, and diagnostic utility. Despite its growing use, the potential risks of POCUS use should be considered by providers. We analyzed the Canadian Medical Protective Association (CMPA) repository to identify medico-legal cases arising from the use of POCUS. METHODS We retrospectively searched the CMPA closed-case repository for cases involving diagnostic POCUS between January 1st, 2012 and December 31st, 2021. Cases included civil-legal actions, medical regulatory authority (College) cases, and hospital complaints. Patient and physician demographics, outcomes, reason for complaint, and expert-identified contributing factors were analyzed. RESULTS From 2012 to 2021, there were 58,626 closed medico-legal cases in the CMPA repository with POCUS determined to be a contributing factor for medico-legal action in 15 cases; in all cases the medico-legal outcome was decided against the physicians. The most common reasons for patient complaints were diagnostic error, deficient assessment, and failure to perform a test or intervention. Expert analysis of these cases determined the most common contributing factors for medico-legal action was failure to perform POCUS when indicated (7 cases, 47%); however, medico-legal action also resulted from diagnostic error, incorrect sonographic approach, deficient assessment, inadequate skill, inadequate documentation, or inadequate reporting. CONCLUSIONS Although the most common reason associated with the medico-legal action in these cases is failure to perform POCUS when indicated, inappropriate use of POCUS may lead to medico-legal action. Due to limitations in granularity of data, the exact number of civil-legal, College cases, and hospital complaints for each contributing factor is unavailable. To enhance patient care and mitigate risk for providers, POCUS should be carefully integrated with other clinical information, performed by providers with adequate skill, and carefully documented.
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Consent practices in midwifery: A survey of UK midwives. Midwifery 2024; 129:103893. [PMID: 38056098 DOI: 10.1016/j.midw.2023.103893] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 02/21/2023] [Revised: 11/22/2023] [Accepted: 11/23/2023] [Indexed: 12/08/2023]
Abstract
OBJECTIVE To explore midwives' knowledge and understanding of the law and practice of consent in the post-Montgomery world. DESIGN Cross-sectional online survey. Descriptive statistical analysis of midwives' survey responses. SETTINGS Social media: Instagram, Facebook and Twitter. Survey distribution was via the UCL Opinio survey platform. PARTICIPANTS A total of 402 midwives, surveyed over a four month period between 2nd March and 2nd July 2021. MEASUREMENTS Knowledge of legal consent, 'sureness' of meeting current legal requirements and competence to gain consent. FINDINGS 91% of participants acknowledged correctly that consent must be voluntary. 91% reported that women must be informed of all the risks associated with their care, although 26% reported that women should be informed of some of the risks associated with their care. Most participants were 'sure' that their discussions of consent meet current legal requirements (91%). 21% rated their competence to gain consent as 'excellent', 71% rated themselves as 'very good', whilst 1% rated their competence as 'poor'. Deficiencies in fundamental knowledge of consent were noted in some participants rating themselves highest in 'sureness' of meeting legal requirements and competence to consent. KEY CONCLUSIONS Fundamental gaps in midwives' knowledge of legal consent were identified. Participants demonstrated uncertainty regarding the extent of risk disclosure and discussion of alternative care options. Participants generally rated themselves highly in their consenting practices, despite lacking in basic knowledge of legal consent, revealing a discrepancy between midwives' self-perceptions and their actual knowledge. IMPLICATIONS FOR PRACTICE The overconfidence displayed by some participants is concerning for clinical midwifery practice. Professional education and guidance for midwives on legal consent in keeping with Montgomery is urgently required to ensure that midwives are legally compliant in their consenting practices.
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Ethical and Legal Aspects of Telerehabilitation in Saudi Arabia. Int J Telerehabil 2023; 15:e6569. [PMID: 38162935 PMCID: PMC10754236 DOI: 10.5195/ijt.2023.6569] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 01/03/2024] Open
Abstract
Organizations have their own policies and procedures to govern operational aspects of health care facilities. With the advent of telemedicine, there has been a growing trend in providing telehealth practices without formally exploring the ethical and legislative aspects. The potential use of electronic and digital services in telerehabilitation can influence various ethical and legal factors, such as confidentiality, consent. and negligence. Thus, establishing clear strategies in this regard is necessary. Ethical and legal aspects of healthcare are influenced by cultural, religious, and legislative rulings of a state. At the same time, the multidimensional scope of rehabilitation in a health system has its own challenges. This narrative review intends to highlight the importance of incorporating the ethical and legislative framework in the telerehabilitation process in Saudi Arabia. A summary of various aspects in-line with unique local attributes is included, which can also help to facilitate regional telerehabilitation services in the Arab World.
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A Nationwide Sample of Adolescents and Young Adults Share Where They Would Go Online for Abortion Information After Dobbs v. Jackson. J Adolesc Health 2023; 73:1153-1157. [PMID: 37389530 PMCID: PMC10755065 DOI: 10.1016/j.jadohealth.2023.05.010] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Grants] [Track Full Text] [Journal Information] [Submit a Manuscript] [Subscribe] [Scholar Register] [Received: 11/15/2022] [Revised: 04/30/2023] [Accepted: 05/07/2023] [Indexed: 07/01/2023]
Abstract
PURPOSE Given the changing landscape of abortion access, we sought to understand where adolescents and young adults retrieve information about abortion online. METHODS A nationwide sample (n = 638) of 14- to 24-year-olds responded to a qualitative text message survey in July 2022 regarding websites or social media they would use for abortion-related information. Open-ended responses were coded and analyzed for themes. RESULTS Forty-six percent of respondents (n = 234) named specific websites or accounts of known organizations or individuals; 14% named general clinical or governmental resources; and 13% named social media platforms. Eight percent expressed skeptical sentiments about online abortion information. 17% (n = 99) said they were not sure or did not have an opinion. DISCUSSION Many adolescents and young adults could name an online resource for abortion information, but some are not aware of specific resources, underscoring a need to elevate reputable sources and provide guidance on how and where to look for accurate online abortion-related information.
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[Medical Abortion in Primary Health Care in Portugal: Problems and Future Challenges]. ACTA MEDICA PORT 2023; 36:615-617. [PMID: 37788653 DOI: 10.20344/amp.20034] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 04/12/2023] [Accepted: 07/03/2023] [Indexed: 10/05/2023]
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Abstract
Although the fundamental principle behind the Uniform Determination of Death Act (UDDA), the equivalence of death by circulatory-respiratory and neurologic criteria, is accepted throughout the United States and much of the world, some families object to brain death/death by neurologic criteria. Clinicians struggle to address these objections. Some objections have been brought to court, particularly in the United States, leading to inconsistent outcomes and discussion about potential modifications to the UDDA to minimize ethical and legal controversies related to the determination of brain death/death by neurologic criteria.
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Scoping Review: Legal and Ethical Principles of Artificial Intelligence in Public Health. Stud Health Technol Inform 2023; 305:640-643. [PMID: 37387113 DOI: 10.3233/shti230579] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 07/01/2023]
Abstract
The growing accessibility of large health datasets and AI's ability to analyze them offers significant potential to transform public health and epidemiology. AI-driven interventions in preventive, diagnostic, and therapeutic healthcare are becoming more prevalent, but they raise ethical concerns, particularly regarding patient safety and privacy. This study presents a thorough analysis of ethical and legal principles found in the literature on AI applications in public health. A comprehensive search yielded 22 publications for review, revealing ethical principles such as equity, bias, privacy, security, safety, transparency, confidentiality, accountability, social justice, and autonomy. Additionally, five key ethical challenges were identified. The study emphasizes the importance of addressing these ethical and legal concerns and encourages further research to establish comprehensive guidelines for responsible AI implementation in public health.
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A Follow-Up Study on Delivery of Pharmacy Law Education Across Doctor of Pharmacy Programs. AMERICAN JOURNAL OF PHARMACEUTICAL EDUCATION 2023; 87:100055. [PMID: 37316118 DOI: 10.1016/j.ajpe.2023.100055] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Subscribe] [Scholar Register] [Received: 05/21/2022] [Revised: 12/17/2022] [Accepted: 01/16/2023] [Indexed: 06/16/2023]
Abstract
OBJECTIVE To present 2018-2019 data from an expanded investigation after an inaugural 2016 pilot survey, which previously reported on the delivery of pharmacy law education in doctor of pharmacy (PharmD) programs in the US. METHODS Due to the limited scope of responses in the 2016 pilot study, the earlier survey was refined and readministered (Qualtrics, Provo, UT) utilizing branching logic to specifically identify characteristics of the pharmacy law content and its delivery in PharmD curricula. The follow-up study received an exempt status from the Institutional Review Board of Keck Graduate Institute. RESULTS Of the 142 American Association of Colleges of Pharmacy member institutions in 2018, 97 provided complete responses to the survey, yielding a response rate of 68.3%. The survey results from this 2018-2019 further investigation examining the delivery of pharmacy law education in US PharmD programs indicate significant variations across respondent programs with respect to professional background of pharmacy law educators and assessment strategies used in pharmacy law courses, as well as variations in the structure and timing of the core pharmacy law course within the PharmD curriculum. CONCLUSION The current data show PharmD curricula at surveyed institutions lack uniformity in pharmacy law content and sequencing of pharmacy law courses, supporting further investigation to identify the best practices in the delivery of pharmacy law education. Another deliberate focus should aim to more specifically determine how, if, and which specific modifications to delivery of pharmacy law education might ensure achievement of student learning outcomes and optimize PharmD graduates' performance on standardized jurisprudence exams.
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Organ donation after euthanasia starting with anesthesia at home is legal in The Netherlands, Belgium, Canada and Spain. BMC Med Ethics 2023; 24:34. [PMID: 37248520 DOI: 10.1186/s12910-023-00906-z] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 10/05/2021] [Accepted: 04/03/2023] [Indexed: 05/31/2023] Open
Abstract
We would like to respond to the article "Organ donation after euthanasia starting at home in a patient with multiple system atrophy Tajaâte et al., [2021] 22:120" on organ donation after euthanasia from home [ODEH]. Although we welcome the performance of ODEH, we would like to make some critical comments regarding the article, both in relation to factual inaccuracies and in terms of the vision expressed on this subject. In this letter we stress the protection of autonomy of vulnerable euthanasia patients, we contradict the assumption of illegality, we question if the anesthesia method utilized is optimal and correct a mistake in regard to an article to which is referred of ourselves.
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A step-by-step researcher's guide to the use of an AI-based transformer in epidemiology: an exploratory analysis of ChatGPT using the STROBE checklist for observational studies. ZEITSCHRIFT FUR GESUNDHEITSWISSENSCHAFTEN = JOURNAL OF PUBLIC HEALTH 2023:1-36. [PMID: 37361298 PMCID: PMC10215032 DOI: 10.1007/s10389-023-01936-y] [Citation(s) in RCA: 5] [Impact Index Per Article: 5.0] [Reference Citation Analysis] [Abstract] [Key Words] [Grants] [Track Full Text] [Subscribe] [Scholar Register] [Received: 02/16/2023] [Accepted: 05/03/2023] [Indexed: 06/28/2023]
Abstract
Objective This study aims at investigating how AI-based transformers can support researchers in designing and conducting an epidemiological study. To accomplish this, we used ChatGPT to reformulate the STROBE recommendations into a list of questions to be answered by the transformer itself. We then qualitatively evaluated the coherence and relevance of the transformer's outputs. Study design Descriptive study. Methods We first chose a study to be used as a basis for the simulation. We then used ChatGPT to transform each STROBE checklist's item into specific prompts. Each answer to the respective prompt was evaluated by independent researchers in terms of coherence and relevance. Results The mean scores assigned to each prompt were heterogeneous. On average, for the coherence domain, the overall mean score was 3.6 out of 5.0, and for relevance it was 3.3 out of 5.0. The lowest scores were assigned to items belonging to the Methods section of the checklist. Conclusions ChatGPT can be considered as a valuable support for researchers in conducting an epidemiological study, following internationally recognized guidelines and standards. It is crucial for the users to have knowledge on the subject and a critical mindset when evaluating the outputs. The potential benefits of AI in scientific research and publishing are undeniable, but it is crucial to address the risks, and the ethical and legal consequences associated with its use.
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Facilitators and barriers to collaboration between drug courts and community-based medication for opioid use disorder providers. JOURNAL OF SUBSTANCE USE AND ADDICTION TREATMENT 2023; 147:208950. [PMID: 36804347 DOI: 10.1016/j.josat.2022.208950] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Received: 08/22/2022] [Revised: 10/24/2022] [Accepted: 11/22/2022] [Indexed: 01/14/2023]
Abstract
INTRODUCTION Access to medications for opioid use disorder (MOUD) is limited for individuals in drug courts - programs that leverage sanctions for mandatory substance use treatment. Drug courts rely on community agencies to provide MOUD. However, relationships with MOUD agencies, which impact access to treatment, are understudied. We examined barriers and facilitators from drug court staffs' perspectives to understand how to enhance collaborations with MOUD providers. METHODS Drug court staff (n = 21) from seven courts participated in semi-structured interviews about their experience in collaborating with MOUD providers. Interviews were informed by the Consolidated Framework for Implementation Research. Inductive (theory-based) and deductive (ground-up) approaches were used for analyses. RESULTS Facilitator and barrier themes centered around the needs and resources of drug court participants, external policies such MOUD access in jails, networking with external agencies, and beliefs about MOUD providers. Drug court staff preferred working with agencies that offered MOUD alongside comprehensive services. Drug courts benefited when jails offered MOUD in-house and facilitated community referrals. Existing relationships with providers and responsive communication eased referrals and served to educate the courts about MOUD. Barriers included logistical limitations (limited hours, few methadone providers) and inadequate communication patterns between providers and drug court staff. A lack of confidence in providers' prescribing practices and concerns around perceived overmedication of participants impacted referrals, interagency collaboration, and further burdened the participants. CONCLUSIONS Collaboration between drug courts and MOUD providers was driven by patient needs, external policies, communication patterns, and perceptions. Interventions to increase access MOUD for drug court participants will need to incorporate collaboration strategies while considering the unique features of drug courts.
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A legal dispute resolution intervention for patients with substance use disorders: a study protocol for a randomized controlled trial. BMC Public Health 2023; 23:435. [PMID: 36879259 PMCID: PMC9990301 DOI: 10.1186/s12889-023-15296-5] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 01/12/2023] [Accepted: 02/20/2023] [Indexed: 03/08/2023] Open
Abstract
BACKGROUND Substance use disorders (SUDs) represent major public health concerns and are linked to enhanced risk of legal consequences. Unresolved legal issues may prevent individuals with SUD from completing treatment. Interventions aimed at improving SUD treatment outcomes are limited. Filling that gap, this randomized controlled trial (RCT) tests the ability of a technology-assisted intervention to increase SUD treatment completion rates and improve post-treatment health, economic, justice-system, and housing outcomes. METHODS A randomized controlled trial with a two-year administrative follow-up period will be conducted. Eight hundred Medicaid eligible and uninsured adults receiving SUD treatment will be recruited at community-based non-profit health care clinics in Southeast, Michigan, USA. Using an algorithm embedded in a community-based case management system, we randomly assign all eligible adults to one of two groups. The treatment/intervention group will receive hands-on assistance with a technology aimed at resolving unaddressed legal issues and the control group receives no treatment. Upon enrollment into the intervention, both treatment (n = 400) and control groups (n = 400) retain traditional options to resolve unaddressed legal issues, such as hiring an attorney, but only the treatment group is targeted the technology and offered personalized assistance in navigating the online legal platform. To develop baseline and historical contexts for participants, we collect life course history reports from all participants and intend to link those in each group to administrative data sources. In addition to the randomized controlled trial (RCT), we used an exploratory sequential mixed methods and participatory-based design to develop, test, and administer our life course history instruments to all participants. The primary objective is to test whether targeting no-cost online legal resources to those experiencing SUD improves their long-term recovery and decreases negative health, economic, justice-system, and housing outcomes. DISCUSSION Findings from this RCT will improve our understanding of the acute socio-legal needs faced by those experiencing SUD and provide recommendations to help target resources toward the areas that best support long-term recovery. The public health impact includes making publicly available a deidentified, longitudinal dataset of uninsured and Medicaid eligible clients in treatment for SUD. Data include an overrepresentation of understudied groups including African American and American Indian Alaska Native persons documented to experience heightened risk for SUD-related premature mortality and justice-system involvement. Within these data, several intended outcome measures can inform the health policy landscape: (1) health, including substance use, disability, mental health diagnosis, and mortality; (2) financial health, including employment, earnings, public assistance receipt, and financial obligations to the state; (3) justice-system involvement, including civil and criminal legal system encounters; (4) housing, including homelessness, household composition, and homeownership. TRIAL REGISTRATION Retrospectively registered # NCT05665179 on December 27, 2022.
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Mandatory COVID-19 vaccination for healthcare workers: A discussion paper. Int J Nurs Stud 2023; 138:104389. [PMID: 36462385 PMCID: PMC9709452 DOI: 10.1016/j.ijnurstu.2022.104389] [Citation(s) in RCA: 6] [Impact Index Per Article: 6.0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 05/25/2022] [Revised: 10/31/2022] [Accepted: 11/01/2022] [Indexed: 11/10/2022]
Abstract
BACKGROUND The devastating effects of COVID-19 sparked debates among professionals in the fields of health, law, and bioethics regarding policies on mandatory vaccination for healthcare workers. Suboptimal vaccine uptake among healthcare workers had been implicated in the increased risk of nosocomial spread of COVID infection and absenteeism among healthcare workers, impacting the quality of patient care. However, mandatory vaccine policies were also seen to encroach on the autonomy of healthcare workers. AIMS AND OBJECTIVES To synthesise the arguments for and against mandatory vaccination for healthcare workers (HCWs) and its long-term impact on the healthcare workforce, through an analysis of texts and opinions of professionals from different fields of study. METHODS This is a systematic review of opinions published in peer-reviewed journals. After initial search in Cochrane and JBI systematic review databases to ensure no previous review had been done, five databases were searched (PsychInfo, Cumulative Index to Nursing and Allied Health Literature (CINAHL), Medline and Scopus). Inclusion criteria were: 1) focused on COVID-19; 2) healthcare workers specific; 3) specific to mandatory vaccination; 4) opinion piece with an identified author; and 5) in English. EXCLUSION 1) focus on other vaccine preventable diseases, not COVID-19 and 2) discussion on mandatory vaccination not-specific to healthcare workers. The Joanna Briggs Critical Appraisal tool for Text and Opinions was used to assess quality. Data were synthesised in the summary table. RESULTS The review included 28 opinion and viewpoint articles. Of these, 12 (43 %) adopted a pro-mandatory vaccination stance, 13 (46 %) were neutral or had presented arguments from both sides of the debate and only three (11 %) were against. The overall arguments among those who were pro-, neutral and anti-mandatory COVID-19 vaccination were underpinned by ethical, moral and legal principles of such a mandate on a vulnerable healthcare workforce. This review highlighted the polarised opinions concerning choices, human rights, professional responsibilities and personal risks (i.e. health risks, losing a job) with the introduction of vaccination mandate. However, the articles found in this review discussed mandatory vaccination of healthcare workers in the USA, Europe and Australia only. CONCLUSION The review underscores the need to balance the rights of the public to safe and quality care with the rights and moral obligations of healthcare workers during a public health emergency. This can be achieved when policies and mandates are guided by reliable scientific evidence which are flexible in considering legal and ethical dilemmas. TWEETABLE ABSTRACT To mandate or not to mandate COVID-19 vaccination for healthcare workers: A synthesis of published opinions in health, law, and bioethics.
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From the Integrity of Potency Assays to Safe Clinical Intervention: Legal Perspectives. ADVANCES IN EXPERIMENTAL MEDICINE AND BIOLOGY 2023; 1420:151-163. [PMID: 37258789 DOI: 10.1007/978-3-031-30040-0_10] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 06/02/2023]
Abstract
Potency assays associated with the efficacy of investigational pharmaceutical products are one of the critical quality attributes that need to be carefully monitored during advanced therapy medicinal product (ATMP) development projects. Ensuring integrity of relevant potency assays for stem cell-based ATMPs is of paramount importance for safety and efficacy of clinical interventions. Yet, due to the complex and heterogeneous nature of stem cell-based ATMPs, creation of an appropriate set of potency assays is associated with a number of specific challenges ranging from intrinsic and operational to legal and regulatory ones. This chapter provides an overview of the EU regulatory landscape for advanced therapies, highlighting important aspects that need to be taken into consideration when preparing a strategic plan to meet the EU regulatory requirements.
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Recommendations for living donor kidney transplantation. Nefrologia 2022; 42 Suppl 2:5-132. [PMID: 36503720 DOI: 10.1016/j.nefroe.2022.07.001] [Citation(s) in RCA: 2] [Impact Index Per Article: 1.0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 10/18/2021] [Accepted: 10/26/2021] [Indexed: 06/17/2023] Open
Abstract
This Guide for Living Donor Kidney Transplantation (LDKT) has been prepared with the sponsorship of the Spanish Society of Nephrology (SEN), the Spanish Transplant Society (SET), and the Spanish National Transplant Organization (ONT). It updates evidence to offer the best chronic renal failure treatment when a potential living donor is available. The core aim of this Guide is to supply clinicians who evaluate living donors and transplant recipients with the best decision-making tools, to optimise their outcomes. Moreover, the role of living donors in the current KT context should recover the level of importance it had until recently. To this end the new forms of incompatible HLA and/or ABO donation, as well as the paired donation which is possible in several hospitals with experience in LDKT, offer additional ways to treat renal patients with an incompatible donor. Good results in terms of patient and graft survival have expanded the range of circumstances under which living renal donors are accepted. Older donors are now accepted, as are others with factors that affect the decision, such as a borderline clinical history or alterations, which when evaluated may lead to an additional number of transplantations. This Guide does not forget that LDKT may lead to risk for the donor. Pre-donation evaluation has to centre on the problems which may arise over the short or long-term, and these have to be described to the potential donor so that they are able take them into account. Experience over recent years has led to progress in risk analysis, to protect donors' health. This aspect always has to be taken into account by LDKT programmes when evaluating potential donors. Finally, this Guide has been designed to aid decision-making, with recommendations and suggestions when uncertainties arise in pre-donation studies. Its overarching aim is to ensure that informed consent is based on high quality studies and information supplied to donors and recipients, offering the strongest possible guarantees.
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But parents need help! Pathways to caregiver mental health care in pediatric hospital settings. Palliat Support Care 2022; 21:1-7. [PMID: 36300295 DOI: 10.1017/s1478951522001353] [Citation(s) in RCA: 7] [Impact Index Per Article: 3.5] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 11/07/2022]
Abstract
OBJECTIVES Research and clinical expertise have emphasized the mental health needs of parents and caregivers of medically complex children. Evidence-based interventions are available for adult mental health, including those designed specifically for caregivers caring for children with a variety of health-care needs. This paper describes practical and legal considerations of 3 possible pathways for psychologists to address the needs of caregivers within pediatric hospital settings. METHODS Literature regarding the mental health needs of caregivers of children with medical conditions, evidence-based interventions, and pediatric subspecialty psychosocial guidelines was reviewed. Relevant legal and ethical obligations for psychologists were also summarized. RESULTS The mental health needs of caregivers of medically complex children are often high, yet programmatic, institutional, legal, and ethical barriers can limit access to appropriate care. SIGNIFICANCE OF THE RESULTS Integration of screening and treatment of caregivers' mental health within the pediatric hospital setting is one pathway to addressing caregivers' needs. The development of programs for caregiver mental health screening and treatment within pediatric hospital settings will enhance the well-being of children and families and reduce legal and ethical risks for pediatric psychologists. Consultation with institutional compliance, legal/risk, and medical records departments and the creation of electronic medical records for the caregiver may be useful and practical opportunities for integration.
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Awareness of electronic crimes related to E-learning among students at the University of Jordan. Heliyon 2022; 8:e10897. [PMID: 36254275 PMCID: PMC9568858 DOI: 10.1016/j.heliyon.2022.e10897] [Citation(s) in RCA: 3] [Impact Index Per Article: 1.5] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Download PDF] [Figures] [Journal Information] [Subscribe] [Scholar Register] [Received: 02/23/2022] [Revised: 05/24/2022] [Accepted: 09/28/2022] [Indexed: 11/06/2022] Open
Abstract
The spread of e-learning as an alternative to traditional or face-to-face education has faced many problems and challenges in general and ethical and legal challenges in particular. This study aims to measure students’ awareness of the safe use of technology and its tools in e-learning that is consistent with ethical and legal standards. The study attempts to reveal the degree of awareness of students of the University of Jordan about electronic crimes related to e-learning and the legal procedures and penalties related to electronic crimes in e-learning. Quantitative research methods were used. A questionnaire was established and distributed to students enrolled in the following online courses: Ethics and Human Values, Communication Skills, and National Culture. Analysis of the data revealed that students had a high awareness about cybercrime due to the widespread use of the internet by students as it became an integral part of their daily lives. The degree of awareness of student about legal procedures and penalties related to electronic crimes in e-learning was medium. This indicates students' lack of awareness of the effectiveness of procedures and penalties for electronic crimes that can be applied in e-learning due to the rapid transition in the learning process at the University of Jordan from traditional learning to distance e-learning that was imposed during the Corona pandemic. Based on these findings, the study presented a set of recommendations that could be implemented to increase awareness and maximize the benefit of using e-learning.
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No person left behind: Mapping the health policy landscape for genomics research in the Caribbean. LANCET REGIONAL HEALTH. AMERICAS 2022; 15:100367. [PMID: 36778076 PMCID: PMC9904062 DOI: 10.1016/j.lana.2022.100367] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Download PDF] [Figures] [Subscribe] [Scholar Register] [Indexed: 11/24/2022]
Abstract
The Caribbean has long been an under-represented geographical region in the field of genomics research. Such under-representation may result in Caribbean people being underserved by precision medicine and other public health benefits of genomics. A collaboration among regional and international researchers aims to address this issue through the H3ECaribbean project (Human Heredity, Environment, and Health in the Caribbean), which builds on the lessons and success of H3Africa. The Caribbean project aims to target issues of social justice by encouraging the inclusion of diverse Caribbean communities in genomics research. This paper explores a framework for the ethical and socially acceptable conduct of genomics research in the Caribbean, taking account of the cultural peculiarities of the region. This is done in part by exploring research ethics issues identified in indigenous communities in North America, Small Island Developing States, and similar endeavours from the African continent. The framework provides guidance for interacting with local community leaders, as well as detailing steps for obtaining informed consent of all participants. Specifically, the authors outline the methods to ensure effective interaction and enforce full transparency with study participants to combat historical neglect when working with under-represented communities in the Caribbean.
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Intellectual property: A primer for radiologists. Clin Imaging 2022; 91:60-63. [PMID: 36027866 DOI: 10.1016/j.clinimag.2022.08.013] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 06/08/2022] [Revised: 07/20/2022] [Accepted: 08/12/2022] [Indexed: 11/25/2022]
Abstract
Typically the creative product of the mind, intellectual property often forms the basis of a new product, service line, or company. Intellectual property law is complicated and nuanced, and poorly understood by many physicians, innovators, and entrepreneurs. Successfully navigating the process of intellectual property protection is critical in facilitating the translation of innovation into clinical practice. We define intellectual property and common terms used in intellectual property law and offer justification for the importance of intellectual property protections. We additionally highlight resources to assist radiologists with intellectual property protection and outline basic guidelines to successfully initiate discussions around intellectual property with third party vendors and consultants. SUMMARY: Proactive intellectual property protection is critically important for radiologist innovators seeking to bring new ideas to the marketplace.
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Characteristics of the Washington cannabis market from 2014 to 2016. J Cannabis Res 2022; 4:35. [PMID: 35788247 PMCID: PMC9251922 DOI: 10.1186/s42238-022-00147-8] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Grants] [Track Full Text] [Download PDF] [Journal Information] [Subscribe] [Scholar Register] [Received: 09/29/2021] [Accepted: 06/24/2022] [Indexed: 11/15/2022] Open
Abstract
BACKGROUND The state of Washington legalized cannabis for adult use in 2012 and retail stores began to open in 2014. While details of the legal market have been tracked by the state, the total market for cannabis and characteristics of purchasers can only be identified through surveys. METHODS Six cross-sectional samples of the Privatization of Spirits in Washington (PSW) surveys were collected between January 2014 and October 2016 with two in each year. Random digit dial procedures were used to recruit a sample aged 18 and older, with 40% of cases from mobile phones. A total of 5492 respondents participated. Analyses of the population-weighted sample utilized purchasing amounts and frequencies, use frequency and related measures to estimate total and mean amounts and expenditures. Sensitivity analyses were conducted for key assumptions. RESULTS The market for cannabis flower is estimated to have increased from 158 metric tons and $1.23 billion in 2014 to 222 metric tons and $1.7 billion in 2016, with little change from 2014 to 2015. Purchases from legal sources, retail and dispensaries, were estimated at 69% of the total market. Daily or near daily (DND) users accounted for about 83% of sales in 2014, rising to 91% in 2016. The prevalence of past year use rose substantially from 25% in 2014 to 32% in 2016, with DND use rising from 10.2 to 11.3%. Average purchase amounts for DND users rose from 291 g in 2014 to 374 g in 2016, while mean amounts among non-DND users declined from 78 to 28.6 g. CONCLUSIONS The expansion of retail cannabis stores in Washington appears to have led to increased market size in 2016 with all of the increase attributed to DND users. Frequent users may be important to consider in legalization evaluations.
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[Research on emergency management and legal system of occupational disease accidents in China]. ZHONGHUA LAO DONG WEI SHENG ZHI YE BING ZA ZHI = ZHONGHUA LAODONG WEISHENG ZHIYEBING ZAZHI = CHINESE JOURNAL OF INDUSTRIAL HYGIENE AND OCCUPATIONAL DISEASES 2022; 40:462-465. [PMID: 35785905 DOI: 10.3760/cma.j.cn121094-20210203-00084] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Subscribe] [Scholar Register] [Indexed: 06/15/2023]
Abstract
A great deal of work has carried out and get some achieved in the construction of emergency management and legal system for dealing with occupational disease accidents in China, however, the governance of occupational disease accidents is still weak in occupational health management. Based on the analysis of the situation of occupational disease accident emergency management and legal system construction at home and abroad, this paper summarizes the problems existing in the governance of occupational disease accidents, such as the need to further define the connotation and extension, the need to improve the regulations and policies, and the need to establish and improve the emergency management system. It is considered that it is very important to carry out research on the scientific definition, classification and management of occupational disease accidents.
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The role of the bedside assistant in robot-assisted surgery: A critical synthesis. J Perioper Pract 2022; 32:208-225. [PMID: 35592944 DOI: 10.1177/17504589221094136] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 11/17/2022]
Abstract
INTRODUCTION Robot-assisted surgery has grown exponentially since its inception and first approval in the United States in the year 2000. The surgeon operating with the assistance of the robot sits remotely to the patient and another practitioner assists at the bedside. The role of the bedside assistant and the training that is required to undertake this role are understudied topics. AIM To explore the functions, training and professional development of the bedside assistant in robot-assisted surgery and propose the necessary foundations for the safe enactment of the role in the United Kingdom. METHODS Through critical interpretative synthesis, relevant literature was systematically searched and analysed to inform integration of evidence. RESULTS Seventy-three studies were retrieved from the literature, across several health care disciplines and surgical specialities. These were critically analysed to inform a theoretically sound account grounded on evidence. CONCLUSION The role, functions and skills of the bedside assistant in robot-assisted surgery vary across contexts. These were analysed and critically synthetised to produce several keys to the success of bedside assistants in robot-assisted surgery in the context of the United Kingdom and of its national regulations.
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Abstract
Predicting case outcomes is useful for legal professionals to understand case law, file a lawsuit, raise a defense, or lodge appeals, for instance. However, it is very hard to predict legal decisions since this requires extracting valuable information from myriads of cases and other documents. Moreover, legal system complexity along with a huge volume of litigation make this problem even harder. This paper introduces an approach to predicting Brazilian court decisions, including whether they will be unanimous. Our methodology uses various machine learning algorithms, including classifiers and state-of-the-art Deep Learning models. We developed a working prototype whose F1-score performance is ~80.2% by using 4,043 cases from a Brazilian court. To our knowledge, this is the first study to present methods for predicting Brazilian court decision outcomes.
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Abstract
The legal profession depends on expert witnesses, and indeed the first time an English Court relied on an expert medical witness was in the 14th century. Asking a specialist to comment on the standard of professional practice expected in their own specialty was first introduced in a 1767 case [1]. This article draws on 20 years of experience in medicolegal work relating to paediatric respiratory medicine. It highlights some of the legal principles that lie behind an expert opinion and what constitutes clinical negligence. It aims to set out lessons for medicolegal experts and clinicians, but also offers some advice to lawyers and parents. Finally, it illustrates some issues that arise more commonly in paediatric respiratory practice.
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The impact of online synchronous versus asynchronous classes on nursing students' knowledge and ability to make legal and ethical decisions. NURSE EDUCATION TODAY 2022; 109:105245. [PMID: 34952302 DOI: 10.1016/j.nedt.2021.105245] [Citation(s) in RCA: 1] [Impact Index Per Article: 0.5] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Received: 08/21/2021] [Revised: 11/16/2021] [Accepted: 12/09/2021] [Indexed: 06/14/2023]
Abstract
BACKGROUND Educating nursing students on laws and ethics is essential since the nursing profession requires providing services that have many legal and ethical implications. OBJECTIVES The goal of this study was to measure the effectiveness of two teaching strategies (providing online synchronous classes versus asynchronous classes) on nursing students' knowledge of legal and ethical issues and their ability to make legal and ethical decisions. DESIGN This study used a randomized control trial (RCT) design. SAMPLE AND SETTING A total of 127 students from two governmental universities in Jordan participated in and completed the current study. The students were randomly assigned either to the experimental group which received the synchronous classes (n = 60, 47.2%) or the control group which received asynchronous classes (n = 67, 52.8%). METHOD The two study groups were given a pre-test to measure their knowledge and ability to make legal and ethical decisions. After the pre-test, an online synchronous educational class about legal and ethical issues in nursing was carried out by the same educator twice a week and lasted for approximately 1.5 h each. At the same time, the students in the control group were provided with the same material but as asynchronous classes and were encouraged to watch the classes during the lecture. After completing the educational classes, both groups were asked to complete the post-test questionnaire. RESULTS The results indicated significant outcomes in terms of increasing the knowledge and the ability to make an ethical decision of students who attended the educational classes. However, the synchronous and asynchronous classes did not result in significant differences in students' learning outcomes. CONCLUSION Educating nursing students about legal and ethical issues in the nursing profession is important to prepare them to make legal and ethical decisions. In addition, using different teaching strategies is quite important in educating nursing students.
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Intellectual Property Rights and Vaccines. Methods Mol Biol 2022; 2412:505-518. [PMID: 34918265 DOI: 10.1007/978-1-0716-1892-9_28] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 06/14/2023]
Abstract
Over the past 20 years, there has been steady, year-on-year growth in the number of granted vaccine-related patents. It is therefore important that those involved in vaccine research should be aware of both the risks and opportunities that patents create. The aim of this chapter is to offer a brief introduction to how, and when, patent rights might become available to vaccine developers and to explain the potential risk of infringement of third-party patent rights and the potential consequences.This chapter begins with a brief introduction to the patent application process and the international patent systems. The advantages and drawbacks of patent protection are discussed, followed by an overview of patent infringement and the various legal safe-harbors that may be available for certain research activities. Other features of the patent system which may be of particular relevance in the vaccines context are also discussed, such as compulsory licensing, sovereign states' rights to use patented inventions and voluntary technology sharing agreements. The chapter concludes with a discussion of the SARS-CoV-2 (COVID-19) pandemic and recent developments in the field of vaccine patents that have arisen as part of the international response.
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Litigability and defensibility in neurology and neurosurgery. A "therapeutic" model for handling claims for malpractice care. NEUROCIRUGIA (ENGLISH EDITION) 2022; 33:22-30. [PMID: 34920981 DOI: 10.1016/j.neucie.2021.10.001] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Received: 08/19/2021] [Accepted: 10/10/2021] [Indexed: 06/14/2023]
Abstract
Despite its indisputable importance, there are not many official data on claims for malpractice at the national level in Spain, mainly due to transfers from Health to the Autonomous Communities. This lack of unified information, together with other variables related to modern Healthcare Medicine (type of healthcare system, ethical aspects, consent, patients' rights, new technologies, etc.), complicates the healthcare professional's response to claims, and could not guarantee adequate protection of this against possible liability. This article analyzes the current situation in Spain and emphasizes aspects such as defensibility and liability in malpractice claims, taking as a model the Neurosurgery Specialty, one of the most prone to this type of situation. Prevention and action guidelines are offered, through a model aimed at reinforcing defensibility and reducing liability. This approach, which we call a "therapeutic model", considers the problem analogously to a disease, providing the basis for its prevention and management. We believe that this approach can be useful both to the Neurosurgeon and to any healthcare provider at a time, such as today, when there is some confusion on these issues and some reluctance of insurance companies to provide coverage in some cases.
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My Perspective: A Personal Journey Through Integrity. World Neurosurg 2021; 158:36-37. [PMID: 34757212 DOI: 10.1016/j.wneu.2021.10.168] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 10/23/2021] [Accepted: 10/25/2021] [Indexed: 11/29/2022]
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Abstract
Adolescent patients may present with unique and challenging ethical dilemmas and legal considerations during dental treatment. From the moment the patient registers with the practice, the issues of medical history, informed consent, treatment decisions, and role of the patient and parent affect the dynamic of the doctor-patient relationship. Providers are challenged with balancing the physical, psychological, and social changes occurring in these patients and the changing relationships between the patients and their parents/guardians. State laws, practice standards, and consumerism in dental practice all affect the relationship between the practice, the adolescent, and the parent/guardian.
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Organ donation after euthanasia starting at home in a patient with multiple system atrophy. BMC Med Ethics 2021; 22:120. [PMID: 34488729 PMCID: PMC8422701 DOI: 10.1186/s12910-021-00686-4] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Download PDF] [Journal Information] [Subscribe] [Scholar Register] [Received: 03/19/2021] [Accepted: 08/25/2021] [Indexed: 11/26/2022] Open
Abstract
Background A patient who fulfils the due diligence requirements for euthanasia, and is medically suitable, is able to donate his organs after euthanasia in Belgium, the Netherlands and Canada. Since 2012, more than 70 patients have undergone this combined procedure in the Netherlands. Even though all patients who undergo euthanasia are suffering hopelessly and unbearably, some of these patients are nevertheless willing to help others in need of an organ.
Organ donation after euthanasia is a so-called donation after circulatory death (DCD), Maastricht category III procedure, which takes place following cardiac arrest, comparable to donation after withdrawal of life sustaining therapy in critically ill patients. To minimize the period of organ ischemia, the patient is transported to the operating room immediately after the legally mandated no-touch period of 5 min following circulatory arrest. This means that the organ donation procedure following euthanasia must take place in the hospital, which appears to be insurmountable to many patients who are willing to donate, since they already spent a lot of time in the hospital.
Case presentation This article describes the procedure of organ donation after euthanasia starting at home (ODAEH) following anesthesia in a former health care professional suffering from multiple system atrophy. This case is unique for at least two reasons. He spent his last conscious hours surrounded by his family at home, after which he underwent general anaesthesia and was intubated, before being transported to the hospital for euthanasia and organ donation. In addition, the patient explicitly requested the euthanasia to be performed in the preparation room, next to the operating room, in order to limit the period of organ ischemia due to transport time from the intensive care unit to the operating room. The medical, legal and ethical considerations related to this illustrative case are subsequently discussed. Conclusions Organ donation after euthanasia is a pure act of altruism. This combined procedure can also be performed after the patient has been anesthetized at home and during transportation to the hospital.
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Abstract
Bioethical conflicts in pregnancy are distinguished from those in other areas of medicine due to competing interests between mother and fetus because of their shared biology. Historically, prior to the advent of fetal therapy and advances in medical technology, the maternal-fetal complex was considered to be a single entity. With advances in medicine, treatment options can now be directed at both the mother and the fetus, and a duality has evolved in the maternal-fetal unit. Thus at some point during pregnancy, two individuals rather than just one are the responsibility of the physician. In determining how to properly care for the pregnant woman with a neurologic condition, therapeutic choices must take into consideration the impact a treatment will have on both the mother and the fetus. Since what benefits one may harm the other, tension results from the need to choose. This chapter will highlight ethical conflicts arising at the interface of obstetrics and neurology. We will delve into situations where difficult reproductive and therapeutic decisions must be made in pregnant women with intellectual disabilities, stroke, brain tumors, and epilepsy. The complexity of brain death in pregnancy will be analyzed, acknowledging the influence of politics, law, and religion that bears on ethical decision-making. In approaching ethical dilemmas encountered in pregnancies complicated by neurologic conditions, frameworks based on principles, virtues, care, and feminist ethics, and case precedents will be applied to facilitate ethically appropriate shared decision-making. We hope that this chapter will provide valuable guidance for providers caring for this complex obstetric population.
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Abstract
ELSI (Ethical, Legal, and Social Issues) is a widely used acronym in the bioethics literature that encompasses a broad range of research examining the various impacts of science and technology on society. In Canada, GE3LS (Genetics, Ethical, Economic, Environmental, Legal, Social issues) is the term used to describe ELSI studies in the context of genetics and genomics research. It is intentionally more expansive in that GE3LS explicitly brings economic and environmental issues under its purview. ELSI/GE3LS research is increasingly relevant in recent years as there has been a greater emphasis on "translational research" that moves genomic discoveries from the bench to the clinic. The purpose of this chapter is to outline a range of ELSI-related work that might be conducted as part of a large scale genetics or genomics research project, and to provide some practical insights on how a scientific research team might incorporate a strong and effective ELSI program within its broader research mandate. We begin by describing the historical context of ELSI research and the development of GE3LS research in the Canadian context. We then illustrate how some ELSI research might unfold by outlining a variety of GE3LS research questions or content domains and the methodologies that might be employed in studying them. We conclude with some practical suggestions about how to build an effective ELSI/GE3LS team and focus within a broader scientific research program.
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Abstract
The top 5 reasons for pediatric malpractice are cardiac or cardiorespiratory arrest, appendicitis, disorder of male genital organs, encephalopathy, and meningitis. Malpractice is most likely to result from an "error in diagnosis." Claims involving a "major permanent injury" were more likely to pay out money, but of all claims, only 30% result in a monetary pay out. Consideration of "high-risk misses" may help to direct a history, examination, testing, and discharge instructions.
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Is there a doctor on the plane? A review of in-flight emergencies for the on-board radiologist. Clin Imaging 2021; 76:265-273. [PMID: 34087605 DOI: 10.1016/j.clinimag.2021.04.017] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 10/12/2020] [Revised: 02/03/2021] [Accepted: 04/09/2021] [Indexed: 10/21/2022]
Abstract
In-flight medical emergencies (IFME) are the acute on-service events involving illness or injury to a passenger with the potential for long-term health compromise. With the continuously rising number of flights available, both domestically and internationally, it is conceivable that the number of IFMEs will similarly continue to rise. Although most of these instances are relatively self-limited, the rare instance of a severe occurrence justifies preparation, both from in-flight staff and healthcare providers traveling on these flights. Given these events' sporadic nature and the variable availability of medical support, all physicians need to understand their in-flight ethical and legal capabilities, the available medical supplies, and the most likely etiologies to manage such situations successfully. Most radiologists rarely utilize the hands-on, clinical skills developed in medical school or internship for emergencies beyond allergic contrast reactions. Therefore, they may not be adept in caring for patients during an IFME. As such, we present a thorough overview and literature review for the radiologist regarding the management of various acute IFMEs, with consideration for ethical and legal precedence and a review of medical equipment available on-board.
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Square pegs, round holes, and Indian cybersecurity laws. INTERNATIONAL CYBERSECURITY LAW REVIEW 2021; 2:57-64. [PMID: 38624731 PMCID: PMC8023505 DOI: 10.1365/s43439-021-00026-7] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Download PDF] [Subscribe] [Scholar Register] [Received: 03/08/2021] [Revised: 03/08/2021] [Accepted: 03/10/2021] [Indexed: 11/17/2022]
Abstract
India, with one of the world's largest software manpower infrastructures, is also one of the countries with the highest number of hacks, ransomware attacks, and other cybersecurity incidents. Significant ambiguity arises out of the lack of a comprehensive cybersecurity framework, with many sectoral regulations and penal codes interacting with one another in an often confusing manner. This article attempts to provide an overview of laws, regulations, and policies that contribute to the legal framework that underlies cybersecurity requirements in India, and identify issues that arise out of this scattered approach.
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Diabetes and driving safety. ACCIDENT; ANALYSIS AND PREVENTION 2021; 149:105854. [PMID: 33221659 DOI: 10.1016/j.aap.2020.105854] [Citation(s) in RCA: 1] [Impact Index Per Article: 0.3] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Received: 06/17/2020] [Revised: 08/02/2020] [Accepted: 10/21/2020] [Indexed: 06/11/2023]
Abstract
Diabetes is one of the most common chronic disease in the world. The complications of diabetes both during the disease progression and treatment may cause problem escpecially in traffic. A training on driving safety should be given to diabet patients after diagnosis. Necessary training and legal arrangements should be made in order to increase the awareness in both driving schools and care centers of diabetic patients.
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Managing expectations: How to navigate legal and ethical boundaries in the era of social media. Clin Imaging 2020; 72:175-177. [PMID: 33296827 DOI: 10.1016/j.clinimag.2020.11.005] [Citation(s) in RCA: 3] [Impact Index Per Article: 0.8] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 07/31/2020] [Revised: 10/17/2020] [Accepted: 11/02/2020] [Indexed: 11/18/2022]
Abstract
Social media use among healthcare providers has been increasing at a rapid pace as it allows them to build their online presence by reaching millions of people worldwide within a matter of seconds. With more and more physicians actively engaging in social media, it is imperative for physicians to know about various ethical principles and legal guidelines governing social media use by healthcare professionals. Radiologists should especially be aware of these guidelines as they frequently share radiological images to share teaching points and new findings.
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Transitioning from Adolescence to Adulthood with Autism Spectrum Disorder: An Overview of Planning and Legal Issues. Psychiatr Clin North Am 2020; 43:723-733. [PMID: 33127004 DOI: 10.1016/j.psc.2020.08.008] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Submit a Manuscript] [Subscribe] [Scholar Register] [Indexed: 10/23/2022]
Abstract
The transition to adulthood is complex. It is defined by many objective and subjective milestones. Transition from adolescence to young adulthood is challenging for both neurotypical individuals and individuals with autism spectrum disorders. However, for autistic individuals, this transition is even more complicated and poses a range of legal and ethical considerations. This article discusses how existing legal and social constructs may exacerbate rather than diminish barriers and access for autistic adults and identifies current and potential legal and policy solutions to reducing current systemic barriers. This article ultimately supports a supported decision-making model for autistic adolescents transitioning into adulthood.
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The paralyzing legal costs of facial nerve injury in head and neck tumors. Am J Otolaryngol 2020; 41:102693. [PMID: 32866849 DOI: 10.1016/j.amjoto.2020.102693] [Citation(s) in RCA: 1] [Impact Index Per Article: 0.3] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 08/06/2020] [Accepted: 08/15/2020] [Indexed: 12/28/2022]
Abstract
PURPOSE Facial nerve paralysis from head and neck tumors can result from disease progression or iatrogenic causes, leading to litigation. The aim of this study was to investigate lawsuits regarding facial paralysis as a consequence of these tumors to understand and better educate physicians behind the reasons for litigation. METHODS Jury verdict reviews were obtained from the Westlaw database from 1985 to 2018. Gathered data, including verdicts, litigation reasons, defendant specialties, and amounts awarded, were analyzed via Statistical Package for the Social Sciences. RESULTS Of the 26 lawsuits analyzed, the leading reason for litigation was failure to diagnose (53.8%), followed by iatrogenic injury (34.6%). The average award was $2,704,470. Otolaryngologists were the most common defendants. Defendants that included an otolaryngologist had shorter delays of diagnosis compared to those that did not (p < 0.05). CONCLUSION Failure to diagnose parotid injury was the leading cause of litigation. In instances where the jury found for the plaintiff, the amount was material. There were equivalent incidences of cases in favor of plaintiffs and defendants.
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Palliative care undergraduate education: Do medical and nursing students need more skills in ethical and legal issues? Med Hypotheses 2020; 142:110138. [PMID: 32739605 DOI: 10.1016/j.mehy.2020.110138] [Citation(s) in RCA: 5] [Impact Index Per Article: 1.3] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 05/19/2020] [Revised: 07/20/2020] [Accepted: 07/23/2020] [Indexed: 11/29/2022]
Abstract
This study aimed to analyze the schools that teach ethical and legal aspects within the subject of palliative care in the degrees of medicine and nursing in Spain. MATERIAL AND METHODS Descriptive Analysis of the palliative care subject and their ethical and legal curricular competencies in the Spanish Nursing and Physicians undergraduate. The training received in legal ethical aspects related to palliative care was compared with the criteria established by the European Association for Palliative Care (EAPC). DATA SOURCES The National Conference of Nursing Deans, The National Conference of Spanish Medical Faculty Deans and The Ministry of Science, Innovation, and Universities databases were searched. RESULTS Twenty-one universities have an undergraduate in medicine with palliative care in their curricular training explicitly. The degree in nursing is present in fifty-six universities, palliative care is present in 62.5% of the cases. The degrees of nursing and medicine receive approximately the same level of training in ethical and legal aspects of palliative care. CONCLUSION The specific training received in ethical and legal issues of palliative care must be improved in medical and nursing to meet the EAPC levels.
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Liability of clinical oncologists and the COVID-19 emergency: Between hopes and concerns. J Cancer Policy 2020; 25:100234. [PMID: 32562478 PMCID: PMC7282757 DOI: 10.1016/j.jcpo.2020.100234] [Citation(s) in RCA: 4] [Impact Index Per Article: 1.0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Download PDF] [Journal Information] [Subscribe] [Scholar Register] [Received: 04/23/2020] [Revised: 05/11/2020] [Accepted: 06/05/2020] [Indexed: 11/28/2022]
Abstract
To contain COVID-19 spread, Italy is under a global lockdown except for health services and food supply. In this scenario, growing apprehension concerning legal consequences is rising among health professionals. Hospitals and health professionals are highly exposed to liability. More articulated legal regulations are strongly needed.
To contain COVID-19 spread, Italy is under a global lockdown since February 21, 2020, except for health services and food supply. In this scenario, growing apprehension concerning legal consequences is rising among health professionals due to several ethical and legal questions. Even if medical ethicists may approve patients’ prioritization protocols, hospitals and health professionals remain highly exposed to liability. The so-called smart-working may be very useful, but it may harbor potential legal harms for health personnel and patients and safety. Moreover, personal umbrella policies also often exclude liability arising out of the transmission of a communicable disease, especially a pandemic state, is declared. Under the pressure of medical associations, Italian Government political forces have very recently presented an amendment to the recently released ordinances for the COVID-19 emergency aimed to reduce medical liability. Presumably, similar epidemics or other wide-scale similar events may happen again in an unpredictable future. Therefore, more articulated legal regulations are strongly needed starting from lessons learned from this epidemic.
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Socio- legal consequences of Tourette Syndrome and its comorbidities: A case study and review of the literature. J Forensic Leg Med 2020; 71:101937. [PMID: 32342907 DOI: 10.1016/j.jflm.2020.101937] [Citation(s) in RCA: 1] [Impact Index Per Article: 0.3] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 03/14/2019] [Revised: 01/22/2020] [Accepted: 03/05/2020] [Indexed: 11/22/2022]
Abstract
Tourette Syndrome is a neurodevelopmental disorder that is associated with the presence of multiple motor and one or more verbal tics. In this case report, we present a 16 years old Tourette syndrome patient who was diagnosed with comorbid Attention Deficit Hyperactivity Disorder. The patient was evaluated for legal responsibility after she made untrue allegations saying that a bus driver had sexually harassed her. We summarize the case and review the current literature to assess the socio-legal aspects of Tourette syndrome.
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Total Knee Arthroplasty in Ambulatory Surgery Centers: The New Reality! Arthroplast Today 2020; 6:146-148. [PMID: 32346586 PMCID: PMC7183008 DOI: 10.1016/j.artd.2020.03.004] [Citation(s) in RCA: 7] [Impact Index Per Article: 1.8] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Download PDF] [Journal Information] [Submit a Manuscript] [Subscribe] [Scholar Register] [Received: 02/05/2020] [Revised: 03/01/2020] [Accepted: 03/07/2020] [Indexed: 01/04/2023] Open
Abstract
By streamlining surgical care and eliminating postoperative hospitalization, the transition to ambulatory total knee arthroplasty (TKA) has the potential to improve efficiency and minimize the costs of care. However, practical, legal, and financial implications remain to be addressed. The Centers for Medicare and Medicaid Services has also yet to address concerns generated by the removal of TKA from the Inpatient-Only List and provide guidance on patient selection. Rolling out regulatory changes that impact high-volume procedures, such as TKA, in a short period of time and without appropriate feedback can only lead to further confusion. As surgeons, we are in a unique business model that requires us to constantly innovate to deliver high quality care, while also taking financial cuts as a result of our innovations.
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Risk and ROSC - Legal implications of bystander CPR. Resuscitation 2020; 151:99-102. [PMID: 32259608 DOI: 10.1016/j.resuscitation.2020.03.017] [Citation(s) in RCA: 3] [Impact Index Per Article: 0.8] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 12/24/2019] [Revised: 03/11/2020] [Accepted: 03/21/2020] [Indexed: 11/21/2022]
Abstract
BACKGROUND Early bystander cardiopulmonary resuscitation (CPR) has been associated with better patient outcomes in cardiac arrest. Despite this, not all cases of cardiac arrest receive bystander intervention. Reasons for this gap include disparities in provision of bystander CPR between race, gender and age groups. Concern of legal liability for responders has also been described. We propose that bystanders are more likely to face litigation for lack of intervention compared to providing bystander CPR due to the presence of 'Good Samaritan' statutes in all 50 states. This review of the legal literature seeks to quantify the number of cases brought against bystanders in the US over the past 30 years and explore the reasons behind them. METHODS The Westlaw legal research database was searched for jury verdicts, settlements, and appellate opinions from all 50 states from 1989 to 2019 for personal injury or wrongful death lawsuits involving CPR. Of 506 cases manually reviewed by the authors, 170 were directly related to CPR. Case details including jurisdiction, location, date, plaintiff and defendant demographics, level of training of CPR provider, relationship to patient, motivation for the lawsuit, and case outcomes were recorded. RESULTS Our data show a significant difference in the number of cases of cases alleging battery versus negligence regarding provision of CPR. Of 170 cases, 167 were due to inadequate or untimely bystander CPR. Three cases alleging harm due to providing CPR were identified. CONCLUSIONS This study represents the largest single study of legal cases involving bystander CPR in the medical literature. The likelihood of litigation is significantly higher in cases with bystander CPR absent or delayed. The authors propose the inclusion of this data and reiteration of 'Good Samaritan' statutes in all 50 states during CPR training to reassure and encourage public response to cardiac arrests.
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