Teaching Law in Medical Schools: First, Reflect

2012 ◽  
Vol 40 (2) ◽  
pp. 301-310 ◽  
Author(s):  
Amy T. Campbell
Keyword(s):  
Medical Training ◽  
Medical Profession ◽  
Legal Reasoning ◽  
School Curriculum ◽  
Public Welfare ◽  
Legal Rules ◽  
The Core ◽  
Practice Of Medicine ◽  
Or Practice ◽  
The Law

[T]each the law to empower physicians individually and collectively to use the law and law colleagues to serve patients and promote public welfare; in short to better foster the goals of the medical profession.And yet:[A]ntipathy appears to be deeper and more pervasive than ever before, making it hard to imagine that relations between attorneys and physicians can get much worse.It has long been recognized that an understanding of at least some core legal rules and concepts is an important piece of medical training. To address this, law is now typically part of the core medical school curriculum, often incorporated into bioethics and/or practice of medicine coursework — whether as part of a distinct course or series of courses or threaded through the curriculum (or both). While often this education focuses on rules, some have recommended that it also include fundamentals of legal reasoning, and go beyond knowledge to include skills, attitudes, and behaviors vis-à-vis the law.

Legal Rules for Recovery

2001 ◽  
Author(s):  
Jessica W. Berg ◽  
Paul S. Appelbaum ◽  
Charles W. Lidz ◽  
Lisa S. Parker
Keyword(s):  
Informed Consent ◽  
Legal Theory ◽  
Medical Profession ◽  
Physician Behavior ◽  
Medical Decision ◽  
Legal Doctrine ◽  
Legal Rules ◽  
Judicial Remedy ◽  
The Law ◽  
Injured Patients

This chapter deals with the legal theory and procedural framework under which patients can obtain redress for their injuries resulting from treatment administered in the absence of informed consent. The evolution of the legal doctrine was driven by the demands of patients for redress for injuries, and more attention has been given by courts and legislatures to the questions of when and how compensation might be obtained than to providing guidance for clinicians. In some important respects, the distinction between the law as it applies to the physician engaged in medical decision making with a patient and the law as it applies to that same patient who later seeks compensation in the courts is an artificial one. Insofar as the spirit of informed consent is not embraced voluntarily by the medical profession, but is adhered to in large part to avoid the likely consequences of failure to observe the legal rules, physician behavior will be shaped not only by the rules themselves but also by the way they are enforced. If, for example, the rules governing the means of redress were complex, time-consuming, and unlikely to yield the desired compensation, few injured patients would pursue a judicial remedy. As a result, physicians would eventually realize that adverse consequences were unlikely to follow from a failure to observe the relevant rules and, except to the extent that they had accepted the ethical theory of informed consent, their adherence to the doctrine would crumble. Some critics of the present system contend that this has already happened (see Chapter 7). On the other hand, rules that make recovery easier and more certain would be likely to encourage compliance with the requirements for informed consent. Differential emphasis by the courts on particular kinds of lapses by clinicians might also shape their actions accordingly. For example, the courts’ focus on risk information has led many physicians to tailor disclosure to emphasize risks. Thus, the issues addressed in this chapter, although framed in legal terminology, are important (some would argue crucial) determinants of the ultimate impact of informed consent.

scholarly journals Criminal Liability against a Doctor Who Does Not Have a License Practices in Providing Health Services

2021 ◽  
Vol 8 (12) ◽  
pp. 293-300
Author(s):  
Redyanto Sidi ◽  
Kharmaedisyah Putra ◽  
Mirza Kesuma
Keyword(s):  
Health Services ◽  
Medical Profession ◽  
Criminal Liability ◽  
Secondary Data ◽  
Medical Personnel ◽  
Criminal Code ◽  
Practice Of Medicine ◽  
The Law ◽  
The Government ◽  
Research Show

Doctors and medical personnel who perform the activities of the medical service must have permission practices of the country in accordance with applicable regulations, and the provision of medical services must be in accordance with the authority of the medical profession. Doctors who perform the activities of health services must have a Letter of Permission Practices of the government in accordance with the regulations in force, in the conduct of health services should be based on the competency of medicine. If in providing health deviate from the rules that have been specified then it will get penalized in accordance with the applicable legislation. This research using the method of normative legal research that is done by researching secondary data collected with the approach of the study of literature to study secondary data associated with the service issues the practice of medicine. Secondary Data in this research consists of primary and secondary legal materials are compiled systematically and analyzed qualitatively. The results of this research show that the Forms of criminal acts in the health services is a criminal offence which is regulated in the criminal code as well as regulated in the Law Practice of Medicine. Health services provided to patients without registration letter doctor is one of the forms of criminal acts that is set in the Law Practice of Medicine. Someone who is committing a crime, including criminal acts in the service of health must account for his actions. Its criminal a person must be proven about the crime that he did. Ability is responsible for an element of error, then to prove the existence of a fault element of the last to be proven again. Keywords: Criminal Liability, Health Services, A Letter Of Permission Physician Practice.

Learning Legal Rules

2019 ◽  
Author(s):  
James Holland ◽  
Julian Webb
Keyword(s):  
Legal Reasoning ◽  
Statutory Interpretation ◽  
Legal Research ◽  
Legal Rules ◽  
Secondary Sources ◽  
The Core ◽  
Theory Structure ◽  
Rules And Principles ◽  
The Subject ◽  
Research Analysis

Learning Legal Rules brings together the theory, structure, and practice of legal reasoning in order to help the reader to develop both their knowledge and reasoning skills. It provides techniques of legal research, analysis, and argument, and explains the operation of precedent as well as effective statutory interpretation. When studying law, it is easy to become focused on the substantive aspects of the subject—the concepts, rules, and principles that go to make up contract, tort, crime, etc. In order to study and practise law effectively, it is essential not only to understand what the legal rules are, but also why they are as they are, and what consequences they might have. This requires that you develop the abilities that are the core focus of this book: to find and make sense of the primary and secondary sources of law; to interpret and apply authorities; to construct arguments both about the facts of a case, and as to how and why a particular authority should or should not be applied in a given situation, and to write clearly, and in an appropriate legal style, making reference to authority as necessary, in the proper academic form.

18. The future of Canadian residency education: The core competency project

2007 ◽  
Vol 30 (4) ◽  
pp. 37
Author(s):  
J. Frank ◽  
J. Nagle ◽  
R. Ramsarin ◽  
D. Danoff ◽  
P. Rainsberry
Keyword(s):  
Medical Education ◽  
Medical Students ◽  
Education Policy ◽  
Medical Training ◽  
Medical Profession ◽  
Relevant Literature ◽  
Core Competency ◽  
Primary Methods ◽  
The Core ◽  
Practicing Physicians

The Core Competency Project (CCP) is an initiative to reexamine fundamental recurring issues in Canadian medical education, including: (1) premature career decision making by medical students, (2) barriers to changing career disciplines by residents and practicing physicians, (3) lack of clarity on the role of “generalism” in medical training, and (4) the optimal structure and function of the PGME system. The CCP is a collaborative national endeavour of The Royal College of Physicians and Surgeons of Canada and the College of Family Physicians of Canada. From 2005 to 2007, the CCP employed four primary methods, including: (1) a systematic review of relevant literature, (2) a series of commentary papers by leaders in medicine and medical education, (3) a series of focus groups across Canada involving medical students, residents, and practicing physicians, and (4) a national survey of stakeholders. This was supplemented by consultations with key groups in the medical profession. We describe the findings of these studies and the implications for medical education policy in Canada and around the world. The CCP is an unprecedented national medical education policy initiative.

Military Professionalism and Humanitarian Law

2018 ◽  
Author(s):  
Yishai Beer
Keyword(s):  
International Law ◽  
Humanitarian Law ◽  
New Paradigm ◽  
The Core ◽  
Humanitarian Mission ◽  
Self Defense ◽  
Professional Perspective ◽  
The Law ◽  
Preemptive Strike ◽  
Military Professionalism

This book seeks to revitalize the humanitarian mission of the international law governing armed conflict, which is being frustrated due to states’ actual practice. In order to achieve its two aims—creating an environment in which full abidance by the law becomes an attainable norm, thus facilitating the second and more important aim of reducing human suffering—it calls for the acknowledgment of realpolitik considerations that dictate states’ and militaries’ behavior. This requires recognition of the core interests of law-abiding states, fighting in their own self-defense—those that, from their militaries’ professional perspective, are essential in order to exercise their defense. Internalizing the importance of existential security interests, when drawing the contours of the law, should not automatically come at the expense of the core values of the humanitarian agenda—for example, the distinction rule. Rather, it allows more room for the humanitarian arena. The suggested tool to allow for such an improved dialogue is the standards and principles of military professionalism. Militaries function in a professional manner; they respect their respective doctrines, operational principles, fighting techniques, and values. Their performances are not random or incidental. The suggested paradigm surfaces and leverages the constraining elements hidden in military professionalism. It suggests a new paradigm in balancing the principles of military necessity and humanity, it deals with the legality of a preemptive strike and the leveraging of military strategy as a constraining tool, and it offers a normative framework for introducing deterrence within the current contours of the law.

scholarly journals A Comparative Viewpoint on Illegal Contracts: In Favor of Flexibility and Proportionality

Global Jurist ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Rossella Esther Cerchia
Keyword(s):  
Dense Network ◽  
Legal Rules ◽  
The Law ◽  
Laws And Regulations

Abstract In today’s society, a dense network of laws and regulations presides the actions of all people. And it is so extensive that any number of activities – including the formation of contracts – is capable of breaking the law. This is why it is even more important, nowadays, to reconsider the issue of contracts that violate legal rules. The trend in favor of flexible remedies reveals that the rigidity of the more traditional solutions might not be the best choice in this day and age.

scholarly journals CASTING THE LIGHT OF THE THEORY OF OPPOSITION ONTO HOHFELD'S FUNDAMENTAL LEGAL CONCEPTS

Legal Theory ◽  
2021 ◽  
pp. 1-34
Author(s):  
João Alberto de Oliveira Lima ◽  
Cristine Griffo ◽  
João Paulo A. Almeida ◽  
Giancarlo Guizzardi ◽  
Marcio Iorio Aranha
Keyword(s):  
Conceptual Framework ◽  
Legal Theory ◽  
Analytical Framework ◽  
The Core ◽  
Recent Developments ◽  
The Law ◽  
Opposition Theory ◽  
Legal Concepts ◽  
Number Of Authors

Abstract At the core of Hohfeld's contribution to legal theory is a conceptual framework for the analysis of the legal positions occupied by agents in intersubjective legal relations. Hohfeld presented a system of eight “fundamental” concepts relying on notions of opposition and correlation. Throughout the years, a number of authors have followed Hohfeld in applying the notion of opposition to analyze legal concepts. Many of these authors have accounted for Hohfeld's theory in direct analogy with the standard deontic hexagon. This paper reviews some of these accounts and extends them employing recent developments from opposition theory. In particular, we are able to extend application of opposition theory to an open conception of the law. We also account for the implications of abandoning the assumption of conflict-freedom and admitting seemingly conflicting legal positions. This enables a fuller analysis of Hohfeld's conceptual analytical framework. We also offer a novel analysis of Hohfeld's power positions.

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