scholarly journals The doctor in a minority

2020 ◽  
Vol 60 (4) ◽  
pp. 305-308
Author(s):  
Alec Samuels

Suppose that a doctor carrying out a treatment or advising on a treatment or acting as an expert in litigation or writing or lecturing about a treatment is in a minority so far as contemporary medical opinion is concerned. It may be a matter of choice for the doctor between treatment A (the majority practice) or treatment B (the minority practice), and the minority treatment may be of an innovative character. Unfortunately, things went badly wrong, the patient suffered harm and the doctor finds him/herself a defendant in a case for clinical negligence. What is the legal duty of the doctor? Is it sufficient that he/she acted in good faith? Or that he/she was a competent doctor? Or that he/she was a doctor following the practice of a substantial number of doctors, albeit a minority? Or that he/she was in effect acting ‘on his/her own’? The legal test is: Was the doctor following the practice of a responsible body of medical clinical opinion, albeit a minority opinion? Medicine has made huge advances over the years – one of the great achievements. But many advances have come about because of the initiative of one individual or a small group of individuals, often in the face of strong disbelief or opposition. The medical profession is a conservative profession, understandably so in view of the obvious inherent risks. Original ideas may not be well received. Therefore, the minority innovative doctor must proceed carefully because he/she runs the risk of a medical mishap, criticism and litigation.

Author(s):  
Radomir Reszke ◽  
Łukasz Matusiak ◽  
Piotr K. Krajewski ◽  
Marta Szepietowska ◽  
Rafał Białynicki-Birula ◽  
...  

Relevant personal protective measures during the COVID-19 pandemic include face masks, possibly decreasing the risk of infection among the general population and healthcare workers (HCW) if utilized properly. The aim of the study was to assess whether different Polish HCW utilize face masks according to the 2020 World Health Organization guidance (WHO) criteria. This cross-sectional study included 1156 respondents who participated in an internet survey evaluating mask-related behaviors. All the WHO criteria were complied with by 1.4% of participants, regardless of medical profession, specialty or place of employment. HCW mostly adhered to criterion 1 (C1; strict covering of the face and mouth with the mask; 90.8%), C4 (washing/disinfecting the hands after touching/taking off the mask; 49%) and C3 (taking off the mask properly without touching the anterior surface; 43.4%), whereas C2 (avoidance of touching the mask with hands) was complied with least commonly (6.8%). HCW with mask-induced itch (31.6%) complied to C2 less often (odds ratio 0.53; p = 0.01). The study reveals that Polish HCW rarely adhere to all the 2020 WHO guidance criteria on the use of masks, whereas the adherence to particular criteria is variable and may be associated with the presence of skin-related conditions and other factors. Better compliance with the recommendations in the future is necessary to increase personal safety of HCW and prevent the transmission of SARS-CoV-2.


1999 ◽  
Vol 42 (1) ◽  
pp. 233-249 ◽  
Author(s):  
JOHN McHUGH

This is a study of a successful parliamentary campaign led throughout the 1920s by a small group of backbench Labour MPs aimed at abolishing the military death penalty for the offences of cowardice and desertion. It was sustained in the face of opposition from the military establishment, the Conservatives, and finally the House of Lords. The campaigners used the opportunity afforded by the requirement on government to pass, annually, an Army Bill, to challenge the military establishment's insistence that a capital penalty was essential to the maintenance of army discipline. Despite the unwillingness of the 1924 Labour government to confront the military on this issue, the reformers persevered, securing some minor, incremental reform before the coming of the second Labour government in 1929. The new government was prevailed upon by backbench pressure to authorize a free vote in the Commons which approved the abolition of the capital penalty for cowardice and desertion in the Army Act of 1930.


2000 ◽  
Vol 1 (2) ◽  
pp. 24-25

The BMJ has always been recognised as a leading medical journal for a wide range of subjects, and has always been useful for nurses to access for up to date and current medical opinion. Recently the BMJ has diversified to take on a more political nature, with its content reflecting a more proactive approach to influencing health care policy in the United Kingdom by the medical profession. As such the BMJ has become extremely useful for identifying opinions of current ‘hot topics’ for nurses that are headline news such as nurse consultants, hospital administration and central government policy. However, one problem remains, trying to find the original copy in the library will remain difficult. After spending the best part of an hour to suddenly realise that ‘how silly you are for not realising that BMJ March 1997 is filed in the British Journal of Nursing section 1998!!’ is often a frustrating and demoralising experience - particularly if after finding the article you find it has nothing to do with the subject that you are researching. This problem is to be banished forever with the BMJ website. The full BMJ is available free on line. The excellent search engine is particularly useful and is accurate when matching target articles. All articles are available for ‘full text’ downloads free of charge.


2011 ◽  
Vol 28 (2) ◽  
pp. 86-90
Author(s):  
Peter Leonard

AbstractThere is an established ethical and legal duty upon psychiatrists to obtain informed consent before treating a patient, although some exceptions do apply under Mental Health Legislation. The required standard for informed consent has been the subject of important case law in Ireland and other common law jurisdictions and this has caused some uncertainty for clinicians. The standard of informed consent can be viewed from the point of view of what the medical profession thinks is appropriate, or alternatively from the position of what a patient would reasonably expect to be told. These contrasting approaches are discussed in detail. A recent decision of the Irish Supreme Court establishes the ‘patient-centred’ standard for informed consent as the relevant standard in Irish law. The current legal position on informed consent is discussed in relation to common clinical scenarios in psychiatric practice.


1942 ◽  
Vol 8 (1) ◽  
pp. 51-69 ◽  
Author(s):  
Glanville L. Williams

The term ‘illegal contract’ is sanctioned by usage and is adopted in the title of this article for the sake of brevity; but it is not a very satisfactory expression. If a contract is a legal obligation, ‘illegal contract’ is a contradiction in terms. To say that a contract is illegal seems, on the face of it, to be no more than a clumsy way of saying that an agreement is void of legal consequences. There is, however, another possible interpretation of the term ‘illegal contract,’ namely, that it is an agreement the entry into which or the performance of which (on one or both sides) involves a breach of legal duty, or runs counter to morality or public policy. The illegality is not in the obligation, but in the making of the agreement or in the performance of it. It is in this sense that the term is used in the present article, and, so understood, there is no paradox in asking whether an illegal contract can have a legal effect.


1876 ◽  
Vol 24 (164-170) ◽  
pp. 170-183

The author refers in an Introduction to an inquiry on the decomposition of vapours and the formation of active clouds by light, whereby he was led to experiment on the floating matter of the air. He refers to the experiments of Schwann, Schroder, and Dusch, Schroder himself, to those of the illustrious Prench chemist Pasteur, to the reasoning of Lister and its experimental verification regarding the filtering-power of the lungs; from all of which he concluded, six years ago, that the power of developing life by the air, and its power of scattering light, would be found to go hand in hand. He thought the simple expedient of examining by means of a beam of light, while the eye was kept sensitive by darkness, the character of the medium in which their experiments were conducted could not fail to be useful to workers in this field. But the method has not been much turned to account; and this year he thought it worth while to devote some time to the more complete demonstration of its utility. He also wished to free his mind, and if possible the minds of others, from the uncertainty and confusion which now beset the doctrine of “spontaneous generation.” Pasteur has pronounced it “a chimera,” and expressed the undoubting conviction that this being so it is possible to remove parasitic diseases from the earth. To the medical profession, therefore, and through them to humanity at large, this question is one of the last importance. But the state of medical opinion regarding it is not satisfactory. In a recent Humber of the ‘ British Medical Journal/ and in answer to the question, “ In what way is contagium generated and communicated” Messrs. Braidwood and Yacher reply that, notwithstanding “an almost incalculable amount of patient labour, the actual results obtained, especially as regards the manner of generation of contagium, have been most disappointing. Observers are even yet at variance whether these minute particles, whose discovery we have just noticed, and other disease-germs, are always produced from like bodies previously existing, or whether they do not, under certain favourable conditions, spring into existence de novo ”.


2013 ◽  
Vol 64 (4) ◽  
pp. 295 ◽  
Author(s):  
M. A. Ewing ◽  
D. L. Chatel ◽  
M. L. Poole ◽  
W. J. Collins

Dr Clive Francis is amongst a small group of scientists whose efforts have changed the face of Australian agriculture. This special issue of Crop & Pasture Science highlights his broadranging impact delivered through the pasture cultivars he bred, the knowledge that he generated and the influence that he had on peers and policy makers. His cultivars of subterranean clover are still grown on many millions of hectares across southern Australia and his efforts were pivotal in generating momentum for creative research on a wide array of crop and pasture legumes, particularly the collection, evaluation and preservation of genetic resources for use in current and future breeding initiatives.


2021 ◽  
Vol 28 (6) ◽  
pp. 1
Author(s):  
Giacomo Toffol ◽  
Angela Biolchini ◽  
Luisa Bonsembiante ◽  
Vinceza Briscioli ◽  
Laura Brusadin ◽  
...  

Environment and health news This issue of Ambiente e salute news comes out shortly after two significant events: the COP26 which took place in Glasgow in November 2021 with media coverage inversely proportional to the results, and a support initiative, Ride for Their Lives initiative which led pediatricians and international health workers on bicycles from London to Glasgow to reiterate that individual behaviors are also indispensable to protect our planet for the future of our children, and that it is necessary for the medical profession to mobilize much more in this direction. This concept was reiterated once again by the authors and readers of the bmj, as seen in this statement: https://blogs.bmj.com/bmj/2021/10/24/we-must-protect-our-planet-for-our-childrens-future/. Our alleged powerlessness in the face of the complexity of climate change can be overcome through awareness of what we know and what we can put into practice, and this belief also supports this column: https://blogs.bmj.com/bmj/2021/10/24/the-climate-crisis-how-do-we-show-we-care/. As in the previous issues, we summarize here briefly the main articles published in the monitored journals, among which numerous are precisely those relating to climate change and air pollution. This issue is based on the systematic review of the September and October 2021 publications.


2021 ◽  
Vol 9 (5) ◽  
pp. 838-851
Author(s):  
Ilham Benyamna ◽  

Neonatal lupus is a rare congenital syndrome resulting from placental passage of maternal antibodies against SSA/Ro and/or SSB/La to the fetus. It is a generally benign condition, the cardiac involvement determining the prognosis. NNL is rarely manifested by isolated cardiomyopathy. The subsequent evolution towards systemic lupus is rare and unpredictable. We report the case of a daughter from a non-consanguineous marriage with healthy parents who presented a dilated cardiomyopathy in the first months of her life complicated by several outbreaks of heart failure. The spontaneous evolution was marked by the occurrence of skin lesions of the face and arms at the age of 10 years, then by the installation of episodes of hydrous retention at the age of 12 years complicated by an acute renal insufficiency with a rapid fatal outcome at the age of 15 years. ANA antibodies rate was at the threshold of positivity, antiDNA and ANCA were not detectable.C3 rate was low. Although a genetic cause can never be ruled out, the diagnosis was a systemic erythematous lupus SLE (an evolution of an eventual NNL or a childhood-onset systemic lupus). We propose a decision tree for the management of neonatal cardiomyopathy NCMP as a synthesis of the literature.The search for anti SSA/SSB must be part of the check-up usually requested at the time of pregnancy. In addition, we must strengthen the knowledge of the medical profession, especially in the proximity health centers, on rare diseases for a better management of patients.


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