20. EU health law

2020 ◽  
pp. 643-672
Author(s):  
Tamara K Hervey
Keyword(s):  
Public Health ◽  
Medical Devices ◽  
Human Tissue ◽  
Healthcare Professionals ◽  
Health Law ◽  
Eu Law ◽  
Patient Mobility ◽  
The Law

This chapter examines EU law on health. Specifically, it discusses the law governing patient mobility; healthcare professionals; healthcare institutions; medical devices and pharmaceuticals; blood, organs, and human tissue; and public health.

21. EU health law

2017 ◽  
Author(s):  
Tamara K Hervey
Keyword(s):  
Public Health ◽  
Medical Devices ◽  
Human Tissue ◽  
Healthcare Professionals ◽  
Health Law ◽  
Eu Law ◽  
Patient Mobility ◽  
The Law

This chapter examines EU law on health. Specifically, it discusses the law governing patient mobility; healthcare professionals; healthcare institutions; medical devices and pharmaceuticals; blood, organs, and human tissue; and public health.

Public Health Law as a Way to Explore and Develop Professional Identity

2016 ◽  
Vol 44 (S1) ◽  
pp. 45-50
Author(s):  
Jennifer L. Herbst
Keyword(s):  
Public Health ◽  
Professional Identity ◽  
Legal Education ◽  
Health Law ◽  
Professional Identities ◽  
Law Schools ◽  
Public Health Law ◽  
The Law ◽  
Societal Problems ◽  
Zero Sum

Lawyers are most often portrayed and understood to be zealous advocates for individual clients in adversarial litigation or zero-sum transactions. Law schools provide excellent preparation for this type of lawyer role, but lawyers' unique understanding of the law is also needed for systemic advocacy, policymaking, and legal education to solve the most difficult societal problems. An interdisciplinary public health law class is one way for law schools to provide students an opportunity to explore and develop these other professional identities.

CRIMINAL RESPONSIBILITIES OF PHYSICIANS IN MEDICAL MALPRACTICE

2021 ◽  
Vol 7 (44) ◽  
pp. 2227-2242
Author(s):  
Hüseyin ERİŞ ◽  
Filiz KIROĞLU
Keyword(s):  
Medical Malpractice ◽  
Health Personnel ◽  
Healthcare Professionals ◽  
Health Workers ◽  
Criminal Liability ◽  
Health Sector ◽  
Penal Code ◽  
Health Law ◽  
The Face ◽  
The Law

The aim of this study is to determine the criminal responsibilities of health workers in the relevant laws on medical malpractice in the health sector and to reveal the factors in the formation of medical malpractice. This study is a descriptive study. With the information obtained as a result of the Turkish Penal Code No. 5237, the Law No. 1219 on the Practice of the Style of Medicine and Medical Arts, the Law No. 1593 on Public Health, the Law on the Turkish Medical Association No. 6023, the Turkish Code of Obligations, the Patient Rights Regulation and literature reviews, the medical malpractice of health workers criminal liability has been compiled. In recent years, serious educational studies have been carried out on the subject of medical malpractice and information activities have been carried out on this subject both to health workers and patients. Especially when the awareness about medical malpractice started to increase in patients and their relatives, serious lawsuits were filed against health personnel due to simple mistakes made. Health workers have to defend themselves in the face of these lawsuits. Because serious steps have not been taken yet on Medical Malpractice in the Turkish Penal Code. For this reason, both the court committee, the patient, the health institution and its employees face some difficulties in this process. In particular, healthcare professionals are faced with a serious lack of knowledge about the criminal liability of medical malpractice. Since the laws regarding the health law in our country are not fully regulated, these cases can only be heard in a lawsuit to be opened due to the fault of the health personnel, according to the provisions of the Turkish Penal Code and the Code of Obligations. These lawsuits are carried out in the form of criminal cases, material and moral compensation cases. Therefore, the litigation process may take longer. For this reason, special arrangements to be made regarding medical malpractice in the field of health law will be important in concluding such cases as soon as possible by ensuring that such cases are handled more objectively in terms of the defendant and the plaintiff. It is necessary to determine the rights and duties of both patients and healthcare professionals by carrying out a study with broad participation by health sector representatives, especially lawyers, in order to overcome this deficiency.

Combining Accreditation and Education: An Interdisciplinary Public Health Law Course

2016 ◽  
Vol 44 (S1) ◽  
pp. 18-23 ◽  
Author(s):  
Micah L. Berman
Keyword(s):  
Public Health ◽  
Health Department ◽  
Local Health Department ◽  
Local Health ◽  
Health Law ◽  
Fellowship Program ◽  
Public Health Law ◽  
The Future ◽  
The Law ◽  
Board Review

This article discusses an interdisciplinary and community-engaged public health law course that was developed as part of The Future of Public Health Law Education faculty fellowship program. Law and public health students worked collaboratively to assist a local health department in preparing for the law-related aspects of Public Health Accreditation Board review.

Public Health and the Law

2012 ◽  
Vol 40 (4) ◽  
pp. 1034-1039 ◽  
Author(s):  
James G. Hodge
Keyword(s):  
Public Health ◽  
Health Policy ◽  
Public Health Policy ◽  
Health Law ◽  
Graduate Courses ◽  
Public Health Law ◽  
The Past ◽  
Core Courses ◽  
The Law ◽  
Academic Study

Major advances, ground-breaking scholarship, and new programs in public health law over the past several decades have helped define and reform the field. The extent to which public health law is established as a distinct topic for graduate academic study, however, is uncertain. In the early 1990s, the numbers of academics whose work focused largely on public health law were few. Only a handful of schools of law, public health, and medicine regularly offered core courses in public health law (although many graduate courses in health law, bio-ethics, or public health policy featured select public health law topics). Collectively, these courses laid a strong foundation of instruction in public health law. Still, questions remain as to whether public health law has progressed as a topic of academic pursuit in American graduate institutions. Who is teaching core courses in public health law? Where are these courses taught? How are they designed and what specific topics are covered?

Paternalism and Health Law: Legal Promotion of a Healthy Lifestyle

2013 ◽  
Vol 4 (3) ◽  
pp. 347-363
Author(s):  
Fernando D. Simões
Keyword(s):  
Public Health ◽  
Healthy Lifestyle ◽  
Health Law ◽  
Legal Intervention ◽  
Healthy Diets ◽  
The Law ◽  
Paternalistic Attitude ◽  
Lifestyle Risks ◽  
Regulatory Intervention

Research in lifestyle risks is becoming more and more important, particularly with reference to what is generally known as “unhealthy diets”. The Law is now firmly established as a prominent instrument of Public Health. There are several distinctive methods of legal intervention targeted at counteracting overweight and promoting healthier lifestyles. In this paper we examine several measures that have been adopted and discuss whether Law should foster healthy diets. Our purpose is to examine the threats of falling into a paternalistic attitude when devising any regulatory intervention aimed at promoting a healthier lifestyle.

European Union Global Health Law

2020 ◽  
pp. 17
Author(s):  
André den Exter
Keyword(s):  
Public Health ◽  
European Union ◽  
International Trade ◽  
Global Health ◽  
Shared Vision ◽  
Health Law ◽  
Eu Law ◽  
Health Issues ◽  
Health Security ◽  
The Eu

The European Union is an important player in global health issues. This paper firstly explains the concept of EU global health law and then examines a number of areas where the EU acts and may influence, directly or indirectly, global health issues (eg, trade, public health, health migration, development aid, and health security). What follows is an attempt to tie up the threads more systematically by advocating a Global Health Convention, based on human rights principles. Such a shared vision on global health law may help the EU and Member States to respond more effectively to global health challenges such as international trade, public health security and health threats. In line with EU Council Conclusions 2010, the focus is on four dominant areas of EU law, explained in more detail. The variety of measures and activities embodies: external trade and global health; EU health law and external relations; health migration and development initiatives; global health security: the emerging health/security nexus. Author conclude that examining the EU’s role in the global health debate, has revealed a ‘hodgepodge’ of legal issues, rather than a distinct body of rules reflecting a coherent framework of EU law. As a result, its role in the global health is largely influenced by other policy areas than health. What is missing is a common global health policy. Communication 2010 provided key elements of what reflects a fragmented, highly compartmentalised approach. Balancing international trade and other economic interests with global health issues requires a shared vision and strategy what is global health. Here, it is argued that the EU should take the lead in drafting such a common policy based on previous experiences in close collaboration with the key global health actor: the WHO. Formulating and implementing a global health treaty at Member State level, a Framework Convention on Global Health could respond to trade, in a more systematic and coherent manner, reflecting international health law principles and specifying State obligations.

Law and Politics, an Emerging Epidemic

2016 ◽  
Vol 42 (2-3) ◽  
pp. 256-283
Author(s):  
Michael R. Ulrich
Keyword(s):  
Public Health ◽  
Infectious Disease ◽  
Empirical Evidence ◽  
Scientific Data ◽  
Constitutional Rights ◽  
Health Law ◽  
Public Health Law ◽  
Law And Politics ◽  
Childhood Vaccine ◽  
The Law

As Jacobson v. Massachusetts recognized in 1905, the basis of public health law, and its ability to limit constitutional rights, is the use of scientific data and empirical evidence. Far too often, this important fact is lost. Fear, misinformation, and politics frequently take center stage and drive the implementation of public health law. In the recent Ebola scare, political leaders passed unnecessary and unconstitutional quarantine measures that defied scientific understanding of the disease and caused many to have their rights needlessly constrained. Looking at HIV criminalization and exemptions to childhood vaccine requirements, it becomes clear that the blame cannot be placed on the hysteria that accompanies emergencies. Indeed, these examples merely illustrate an unfortunate array of examples where empirical evidence is ignored in the hopes of quelling paranoia. These policy approaches are not only constitutionally questionable, they generate their own risk to public health. The ability of the law to jeopardize public health approaches to infectious disease control can, and should, be limited through a renewed emphasis on science as the foundation of public health, coordination through all levels and branches of government, and through a serious commitment by the judiciary to provide oversight. Infectious disease creates public anxiety, but this cannot justify unwarranted dogmatic approaches as a response. If we as a society hope to ensure efficient, constitutional control over the spread of disease, it is imperative that science take its rightful place at the forefront of governmental decision-making and judicial review. Otherwise, the law becomes its own public health threat.

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