The Ethical Health Lawyer

2006 ◽  
Vol 34 (3) ◽  
pp. 624-628
Author(s):  
Robert Schwartz

What happens when being a good doctor requires being a bad citizen? What should a doctor do when living up to the requirements of a professional code of ethics or staying true to deeply held personal values requires breaking the law? What should a health care professional do when the appropriate conduct in a particular case is inconsistent with a more generalized principle that has been incorporated into law? Further, what is the role of the ethical health lawyer who advises a health care provider facing such a dilemma?As health care lawyers advising individuals and institutions, is it our job to advise our clients of all the options available to them, and all the potential legal consequences, or is our role simply to keep our clients acting within the law? Are we information providers, policy counselors, risk managers, or some combination of these?

2019 ◽  
Vol 2 (2) ◽  
pp. 314
Author(s):  
Andi Pratono ◽  
Tjempaka Tjempaka

Indonesia is the law of state or law state, as a law state country, Indonesia must have 3(three) important element such as legal certainty, justice, and expediency. Those main elements represent all the law state. In community, people everyday acts always relate to legal act, such as contract, buying or selling object that promised. To ensure those legal act have the ability perfect proof power, those legal act poured in the form of deed. In buying and selling land, a deed of sale and purchase must be made in front authorized official like land deed officer. However land deed officer as public official do make mistake on duty, with the result that party at a disadvantage. Party that loss because of mistake land deed officer, do ask for responsibility by suing the land deed officer to compensate the losses. Land deed officer in carrying out their duties must apply the precautionary principle so as to minimize any mistakes in making the deed. Author is using normative legal research methods, supported by a data which is theory and interviews some expert in land deed officer and Code of Ethics. The legal consequences to the land deed officer due the legal acts are against the law, which is a sanction will be given. The sanction will divided in three types such as sanction according to the Civil Law, Criminal Law and Code of Ethics or Government Regulation about land deed officer.


2021 ◽  
Vol 33 (3) ◽  
pp. 317-343
Author(s):  
CECILIA ROSSEL ◽  
FELIPE MONESTIER

AbstractThis article analyzes how policy ideas already adopted in Europe, particularly in France, were taken into consideration for the design of Uruguay’s National Public Assistance (NPA) policy. Established in 1910, the NPA was a pioneering government social policy for the time and for the region.Some have argued that the design of the NPA law followed the secular and republican model instituted in France at the end of the nineteenth century when France established the Assistance Publique, particularly regarding the extent of public assistance to the poor, the role of the state in the provision of health care (as opposed to charity-based provision) and the centralization of health-care services (as opposed to a decentralized health-care system).We analyze how these revolutionary ideas were discussed by the technicians and politicians who participated in the process that culminated in the approval of the law in Uruguay discussed these revolutionary ideas. We explore the factors that motivated the creation of the commission that developed the law. We also review available documentation on the drafting of the bill and the parliamentary debate that culminated in its approval. We find that the design of the NPA included many ideas diffused mainly from France. The French model was not simply emulated, however. Rather, the authors of the NPA thoroughly analyzed and considered the features and main consequences of the Assistance Publique, suggesting that diffusion in this case was more a process of learning than of simple mimicry.


Author(s):  
Richard D.W. Hain ◽  
Satbir Singh Jassal

In helping children to have a ‘good death’, it is vitally important to understand the practical issues around death. Parents often have little or no understanding of this and will look to the health-care professional for guidance. When done well, the parents are left unaware of the complexities involved. However, when done badly, the parents can be left feeling very upset. Predicting the time of death for a child is notoriously difficult, and this issue is addressed by this chapter. A detailed overview of practicalities around the time of death is provided, with information on the correct procedure before death, certifying and registering a death, cremation, organ and tissue donation, and transporting and looking after the body. Further practicalities, including the post-mortem, the role of the coroner, and the role of the Child Death Overview Panel, are also covered.


2011 ◽  
Vol 23 (1) ◽  
pp. 106-111 ◽  
Author(s):  
S.R. Flint ◽  
D. Croser ◽  
D. Reznik ◽  
M. Glick ◽  
S. Naidoo ◽  
...  

This workshop addressed two important issues: first, the global evidence of HIV transmission from health care provider to patient and from patient to health care provider in the general health care environment and the dental practice setting; second, in the era of highly active antiretroviral therapy, whether oral health care professionals living with HIV pose a risk of transmission to their patients and whether standard infection control is adequate to protect both the patient and the oral health care professional in dental practice. The workshop culminated in a general discussion and the formulation of a consensus statement from the participating delegates, representing more than 30 countries, on the criteria under which an HIV-infected oral health care professional might practice dentistry without putting patients at risk. This consensus statement, the Beijing Declaration, was agreed nem con.


Acta Comitas ◽  
2019 ◽  
Vol 4 (2) ◽  
pp. 227
Author(s):  
Made Ciria Angga Mahendra

Notary is an authorized officer to make an authentication acta and to have another authority as referred to in this law or under other laws as provided for in article 1 Figure 1 UUJNP. As a notary professional, he must perform his position by guiding the law, the Code of Ethics, the Articles of association, and the budget of the household. But the notary is also a man who does not escape the mistakes that he sometimes made that is done not because of the notary deliberate. Departing from the background of the problem above the author interested in conducting research in the form of a journal by lifting the title "The Law of typographical error in Minuta notarial deed based on this, provides a background picture of This study discussed about 1). How is the notary's responsibility for typographical error on Notara deed that is made notary? 2). What is the legal consequences of typographical errors in notarized deed? Research indicates that it can draw conclusions from the problems that can be seen in the presence of carelessness when forming the deed which is known only for a long time from typographical errors in the prefix of the deed on the identity of the Parties, and at the crucial point of a deed that is not appropriate to the will of the related party which is caused by a notary: A. The Aktanya can be cancelled if the acting is proven to have absolutely no subjective element, B. The act can be said to be void in order to The law when it proved to contain no objective requirement, C. The notary deed is degraded so that the deed under the hands of which absolutely does not have a force in terms of perfect proof. Notaris merupakan pejabat yang berwenang untuk membuat suatu akta otentik dan memiliki suatu kewenangan lainnya sebagaimana yang dimaksud pada undang-undang ini atau berdasarkan undang-undang lainnya sesuai yang telah disebutan di dalam pasal 1 angka 1 UUJNP. Sebagai seorang professional seorang notaris harus melaksanakan jabatannya dengan berpedoman pada undang-undang, kode etik, anggaran dasar, dan anggaran rumah tangga. tetapi notaris juga seorang manusia yang tidak luput dari kesalahan yang terkadang diperbuatnya yang dimana dilakukan bukan karena kesengajaan notaris itu. Berangkat dari latar belakang masalah diatas penulis tertarik melakukan penelitian dalam bentuk jurnal dengan mengangkat judul “Akibat Hukum Kesalahan Ketik Dalam Minuta Akta Notaris Berdasarkan hal tersebut, memberikan gambaran latar belakang dari penelitian ini yang membahas mengenai 1). Bagaimana tanggung jawab notaris atas kesalahan ketik pada minuta akta yang dibuat notaris? 2). Bagaimana akibat hukum terhadap kesalahan ketik pada  akta yang dibuat notaris? penelitian  menunjukan dapat menarik kesimpulan dari permasalahan yang di dapat adalah melihat dari adanya kecerobohan saat pembentukan  akta itu yang baru diketahui  setelah sekian lama dari adanya kesalahan ketik pada awalan akta tentang identitas dari para pihak, dan pada poin penting suatu akta yang tidak sesuai kehendak pihak terkait yang disebabkan karena  notaris yaitu: a. aktanya tersebut bisa dibatalkan jika aktanya itu terbukti sama sekali tidak terdapat unsur subjektif, b. aktanya dapat dikatakan batal demi hukum bilamana aktanya itu terbukti tidak mengandung syarat objektif, c. akta notaris tersebut terdegradasi jadi akta yang bersifat di bawah tangan yang sama sekali tidak mempunyai suatu kekuatan dalam hal pembuktian yang sempurna.


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