scholarly journals How shocking: compensating secondary victims for psychiatric injury

2018 ◽  
Vol 24 (2) ◽  
pp. 110-122
Author(s):  
Keith Rix ◽  
Charlie Cory-Wright
Keyword(s):  
Learning Objectives ◽  
List Type ◽  
Control Mechanisms ◽  
Proper Role ◽  
Nervous Shock ◽  
The Law

SUMMARYWhen those whom the law terms ‘secondary victims’ – i.e. the passive and unwilling witnesses of injury, or of the threat of it, to others – seek compensation through the courts for the psychiatric injuries that they have suffered (traditionally but confusingly referred to as ‘nervous shock’ claims), there would in theory be the potential for a virtually limitless number of claims. For this reason, the courts have developed and apply a number of, to a large extent, arbitrary ‘control mechanisms’ as floodgates. This article describes these control mechanisms and other relevant law using recent illustrative cases and with particular reference to the assistance that the courts can expect of psychiatrists as to diagnosis and causation.LEARNING OBJECTIVES•Understand the law relating to the compensation of secondary victims for psychiatric injury•Appreciate the arbitrariness of the application of the law, as demonstrated in particular by recent cases of such claims by secondary victims•Understand the proper role of (and limits of) expert psychiatric evidence in secondary victim cases, and therefore how best to assist the courts in relation to themDECLARATION OF INTERESTNone.

Intellectual Property Rights and Access to Energy Services in Africa

2018 ◽  
Author(s):  
Professor Adebambo Adewopo ◽  
Dr Tobias Schonwetter ◽  
Helen Chuma-Okoro
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Energy Access ◽  
African Countries ◽  
Energy Services ◽  
Proper Role ◽  
The Law

This chapter examines the proper role of intellectual property rights (IPRs) in achieving access to modern energy services in Africa as part of a broader objective of a pro-development intellectual property agenda for African countries. It discusses the role of intellectual property rights, particularly patents, in consonance with pertinent development questions in Africa connected with the implementation of intellectual property standards, which do not wholly assume that innovation in Africa is dependent on strong intellectual property systems. The chapter examines how existing intellectual property legal landscapes in Africa enhance or impede access to modern energy, and how the law can be directed towards improved energy access in African countries. While suggesting that IPRs could serve an important role in achieving modern energy access, the chapter calls for circumspection in applying IP laws in order not to inhibit access to useful technologies for achieving access to modern energy services.

scholarly journals Working with MAPPA: ethics and pragmatics

2019 ◽  
Vol 25 (3) ◽  
pp. 157-165 ◽  
Author(s):  
Richard Taylor ◽  
Jessica Yakeley
Keyword(s):  
General Medical Council ◽  
Legal Framework ◽  
Learning Objectives ◽  
Guidance Document ◽  
Medical Council ◽  
List Type ◽  
Management Board ◽  
Political Background ◽  
And Function

SUMMARYMulti-agency public protection arrangements (MAPPA) have been in operation for around 18 years in England and Wales. The primary purpose is for the sharing of information between agencies regarding the risk management of offenders returning to the community from custodial and hospital settings. The legal framework regarding information by psychiatrists is not dealt with in one single policy or guidance document. Psychiatrists must use their clinical and professional judgement when engaging with the MAPPA process, mindful of guidance available from professional bodies such as the Royal College of Psychiatrists, General Medical Council and British Medical Association.LEARNING OBJECTIVESAfter reading this article you will be able to: •Learn the legal and political background that led to the formation of MAPPA•Understand the structure and function of MAPPA•Understand the role of psychiatrists in the MAPPA processDECLARATION OF INTERESTR.T. is a member of the London Strategic Management Board for MAPPA.

Reforming fitness to plead and stand trial legislation in England and Wales

2019 ◽  
Vol 26 (1) ◽  
pp. 8-15
Author(s):  
Nuwan Galappathie ◽  
Angela Shaw
Keyword(s):  
Case Law ◽  
Mental Capacity ◽  
Learning Objectives ◽  
List Type ◽  
Consultation Process ◽  
England And Wales ◽  
Extensive Consultation ◽  
The Law ◽  
Practical Implications ◽  
Law Commission

SUMMARYThe legal decision on whether a defendant can fairly take part in a criminal trial in England and Wales is currently based on the leading case of R v Pritchard (1836), which despite subsequent case law updates does not embrace the concept of mental capacity or effectively identify defendants who are unable to meaningfully participate. Further to an extensive consultation process, the Law Commission published recommendations for reform in 2016, with a proposed new test of capacity to participate effectively in a trial and detailed suggestions for statutory reform of court procedures for managing defendants found unable to participate. Here we review the proposals and consider practical implications and suggestions regarding their implementation.LEARNING OBJECTIVESAfter reading this article you will be able to: •appreciate the current problems with the law on fitness to plead in England and Wales•understand the proposed test of capacity to participate effectively in a trial•understand the proposed changes to the procedures available when a defendant is found unable to participate.

scholarly journals Analisis Hukum terhadap Hak Imunitas Advokat Dalam Beracara Memberikan Bantuan Hukum

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 94
Author(s):  
M Rudi Hartono ◽  
Radi Candra
Keyword(s):  
Legal Services ◽  
Legal Assistance ◽  
The Public ◽  
Legal Advice ◽  
Proper Role ◽  
Legal Problems ◽  
The Law

The existence of advocates as justice seekers at this time is very much needed and important in the life of the community and nation as well as increasing legal awareness and the complexity of legal problems in society. Advocacy is a profession that provides legal services to the public or its clients who face legal problems, both those related to criminal, civil and state affairs. Legal services provided by Advocates can be in the form of legal consultations, legal assistance, legal advice providers, exercising power, representing, assisting, defending, and performing other legal actions for and on behalf of clients. In providing these legal services, an Advocate can carry out it through a prodeo (Free of charge) or obtain an honorarium or payment for services from the client. In general, the position of an advocate is equal to that of other law enforcers such as the judges, prosecutors, and the police. : "Thus, advocates also play an important role in upholding and protecting the law for the community. The proper role of an advocate has been regulated in Law Number 18 of 2003 concerning "Advocates.

scholarly journals Palliative care for older people: the psychiatrist's role

2018 ◽  
Vol 25 (1) ◽  
pp. 37-46
Author(s):  
Victor M. Aziz ◽  
Rugiyya Saeed
Keyword(s):  
Older People ◽  
Assisted Suicide ◽  
Psychiatric Care ◽  
Learning Objectives ◽  
Personality Change ◽  
List Type ◽  
Physician Assisted Suicide ◽  
Individualised Care ◽  
Anxiety Depression

SUMMARYIn this overview we discuss the palliative psychiatric care of older people towards the end of life. We briefly consider ethics, dementia care, delirium, depression, anxiety, grief and physician-assisted suicide. We also discuss hope, dignity, spirituality and existentialism. We hope that this article will encourage clinicians to reflect on the effects of terminal illnesses on the mental health of dying people and the current provision of palliative psychiatric care.LEARNING OBJECTIVES•Appreciate that patient-centred care builds on providing individualised care for the dying person to meet their needs and wishes•Understand the collaborative role of psychiatry in assessing the aetiology and appropriate response to patients presenting with problems of loss, grief, anxiety, depression, hopelessness, suicidal ideation, personality change and confusion•Recognise that maintaining hope and living with hope is a way for terminally ill patients to endure and cope with their sufferingDECLARATION OF INTERESTNone.

scholarly journals Assisted dying – the debate: Videtur… sed contra

2014 ◽  
Vol 20 (4) ◽  
pp. 250-257
Author(s):  
Philip Graham ◽  
Julian C. Hughes
Keyword(s):  
Health Professionals ◽  
Empirical Data ◽  
Terminally Ill ◽  
Learning Objectives ◽  
List Type ◽  
Assisted Dying ◽  
Type Number ◽  
The Law ◽  
The Uk

SummaryShould the law be changed to allow health professionals to assist mentally competent, terminally ill people to end their own lives? In this article Philip Graham (P.G.) puts the arguments in favour of such a change in the law and Julian Hughes (J.H.) opposes these arguments. J.H. then sets out why he believes such a law should not be passed and P.G., in turn, sets out counterarguments. Before concluding comments, both P.G. and J.H. independently make brief closing statements supporting their own positions.LEARNING OBJECTIVESUnderstand the differences between various types of ‘assisted dying’.Appreciate some of the ethical arguments in favour of and against changes in the law on assisted dying in the UK.Understand some of the empirical data involved in arguments about assisted dying.

scholarly journals Role of MacroH2A2 in the glioblastoma stem cell epigenome

2019 ◽  
Vol 46 (s2) ◽  
pp. S65
Author(s):  
A Nikolic ◽  
K Ellestad ◽  
M Johnston ◽  
PB Dirks ◽  
FJ Zemp ◽  
...  
Keyword(s):  
Histone Variant ◽  
Learning Objectives ◽  
List Type ◽  
Type Number ◽  
Rna Seq ◽  
Self Renewal ◽  
Malignant Brain Tumour ◽  
Glioblastoma Stem Cell ◽  
Patient Prognosis

Glioblastoma is the most common primary malignant brain tumour in adults, and remains uniformly lethal. These tumours contain a subpopulation of glioblastoma stem cells (GSCs) that drive tumour recurrence and drug resistance. We find that MacroH2A2 is a histone variant that can stratify glioblastoma patients, with higher levels of this histone variant associated with better patient prognosis. Knockdown of macroH2A2 in GSCs is associated with increased self-renewal and an increased expression of stemness genes by RNA-seq. Our preliminary results suggest that macroH2A2 is a novel biomarker for glioblastoma and that macroH2A2 loss is a marker of GSC stemness and a poor prognostic marker in glioblastoma. This work identifies loss of macroH2A2 as a feature of GSCs and provides a framework for therapeutic modulation of this histone variant.LEARNING OBJECTIVESThis presentation will enable the learner to:1.Explain the role of epigenetics in glioblastoma pathophysiology

Conclusion

2020 ◽  
pp. 361-363
Author(s):  
Stuart P. Green
Keyword(s):  
Conceptual Framework ◽  
Criminal Law ◽  
Liberal State ◽  
Sexual Offenses ◽  
Proper Role ◽  
The Law

There is probably no area of the law that raises more difficult questions about the proper role of the liberal state than the criminal law, and no area of the criminal law that presents more contentious issues than the sexual offenses. This book does not purport to have resolved all of these issues. But I hope that the conceptual framework I have developed has made clearer where and why policy disagreements exist, and offers a possible path to their resolution....

scholarly journals Psychotherapeutic leadership and containment in psychiatry

2018 ◽  
Vol 25 (2) ◽  
pp. 133-141
Author(s):  
Russell Gibson ◽  
Alex Till ◽  
Gwen Adshead
Keyword(s):  
Professional Development ◽  
Theoretical Background ◽  
Learning Objectives ◽  
List Type ◽  
Staff Morale ◽  
Clinical Leadership ◽  
Factors Influencing ◽  
The Individual ◽  
Organisational Level

SUMMARYLeadership is a key role for psychiatrists, with many models that can be adopted depending in part on the nature of the individual and their training, the primary task of the team and the nature of the organisation. In this article we suggest a new concept and model of leadership, ‘psychotherapeutic leadership’. We discuss the theoretical background to this model, its benefits and the implications for training and professional development.LEARNING OBJECTIVES•Understand the concept and role of the psychiatrist in providing psychotherapeutic leadership at an individual patient, team and organisational level•Explore how applying an understanding of psychodynamic principles in practice can provide containment in psychiatry and aid clinical leadership•Understand the role of psychotherapeutically informed approaches in recognising factors influencing staff morale and burnoutDECLARATION OF INTERESTNone.

scholarly journals The Montgomery ruling, individual values and shared decision-making in psychiatry

2018 ◽  
Vol 24 (2) ◽  
pp. 93-100 ◽  
Author(s):  
Julian C. Hughes ◽  
David Crepaz-Keay ◽  
Charlotte Emmett ◽  
K. W. M. Fulford
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Shared Decision Making ◽  
Learning Objectives ◽  
Evidence Based ◽  
List Type ◽  
Shared Decision ◽  
Individual Values ◽  
The Uk

SUMMARYThis article starts with a brief review of the UK Supreme Court's decision in the Montgomery case. Although much of the focus in discussing the case has been on the disclosure of risk, an important aspect of the model of consent contained in the judgment is that of dialogue. The model of informed consent set out in Montgomery suggests shared decision-making as the norm. Central to shared decision-making, however, is an awareness of values and of how values can vary between people. We introduce values-based practice as an approach that is entirely in keeping with the precepts of the Montgomery judgment. We go on to review how values-based practice and shared decision-making are relevant to psychiatric practice, using as examples recovery practice and compulsory detention under the Mental Health Act 1983.LEARNING OBJECTIVES•Appreciate that a new test of consent has been established as of a result of the UK Supreme Court's Montgomery ruling•Learn about the role of values-based practice as a partner to evidence-based practice in implementing Montgomery•Understand how values-based practice and Montgomery together support shared decision-making in psychiatryDECLARATION OF INTERESTNone.

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