The legal and ethical aspects of telemedicine. 4: Product liability and jurisdictional problems

1998 ◽  
Vol 4 (3) ◽  
pp. 132-139 ◽  
Author(s):  
Ben Stanberry

The use of telemedicine brings with it the risk that the human factor-the teleconsultant-will fail to reach the standard of care that the law requires of medical professionals. It also brings the risk that the telemedical equipment or system will fail at a crucial moment. Such risks, of course, are inherent in many aspects of medical care but in telemedicine, at the interface between communications technology and health care, one must consider not only who is liable for failure, but under which country's laws will that liability be determined. This final review article describes the challenges facing manufacturers and their customers in providing safe, properly endorsed telemedicine systems. The problem of which country's laws should apply to a cross-border teleconsultation is also reviewed.

Author(s):  
José O. Pérez

Abstract Starting in 2013, the Mais Médicos program brought over 11,400 Cuban doctors to work in Brazil. The program aimed to reduce inequality in access to medical care; but it was met with heavy resistance from Brazilian medical professionals. This article employs Foucault, Butler, and other post-modern thinkers to analyze Mais Médicos. Specifically, we argue that Mais Médicos did not lead to a politicization of Brazilian health care, but rather that pre-existing discourses were called upon to support or counter the arrival of Cuban doc-tors. This discursive struggle resulted in a dispute over biopower within Brazilian society. We base our claims on fieldwork and interviews conducted with Cuban doctors, Brazilian doc-tors, and Brazilian politicians.


Author(s):  
Anna Taddio

All children undergo needle procedures as part of routine medical care. Numerous interventions are available for relieving pain from needle procedures. These interventions can be divided into four domains (4 Ps of pain management): Procedural, pharmacological, psychological, and physical. Treating needle pain reduces pain and distress and improves satisfaction with medical care. Other potential benefits include a reduction in the development of needle fear and subsequent healthcare avoidance behavior. Adoption of the 4 Ps into routine clinical practice is feasible and should become a standard of care in the delivery of health care for children. There are various effective approaches for translating the research evidence into practice that target different stakeholders involved in children’s health care, including children, parents, health providers, and educators. This chapter is a narrative review of the current knowledge about epidemiology, pain experience, practices and attitudes, evidence-based interventions, and knowledge translation for pain management during common needle procedures.


Circulation ◽  
2014 ◽  
Vol 130 (suppl_2) ◽  
Author(s):  
Robert J Dudl ◽  
Roshan Shah ◽  
Wiley Chan ◽  
Ronald D Scott

We assessed the use of statin and aspirin treatment in patients with CHD risk >10% vs. patients with CHD risk >20% and the potential reduction in ASCVD events and health care costs. We utilized ARCHeS and the Archimedes Model, a large bio-mathematical model built with randomized controlled trial data for predicting responses to therapies, for the simulations and analyses. In measuring financial effects, we used Medicare data to predict processes and costs of care for the events. Patients selected were from Kaiser Permanente (KP) aged 20-79 years old who had a calculated Framingham CHD risk score of ≥10% or ≥20% and were not on a statin according to the KP drug database. We assumed 80% adherence & 80% eligibility after other exclusions such as cancer, frailty, and refusing therapy. RESULTS: This resulted in 19,610 members with CHD risk >20% and 156,986 with CHD risk >10% that would be offered the treatment. Compared to standard of care, ASCVD events were reduced by 5.88%, 20.1%, and 33.2% in the >20% risk group and by 3.14%, 12.5%, and 24.88% in the >10% risk group at 3, 10, and 20 years, respectively. This resulted in prevention of adverse events for patients which in turn drove medical care system savings per person of $1,638, $6,453, and $9,288 for the >20% risk group, and $999, $4,871 and $9,672 for >10% risk group, respectively. Population extrapolations are shown below. CONCLUSIONS: These data suggest the treatment would improve patient outcomes by reducing ASCVD events and decrease medical care system resource use within 3 years by treating members at 20% CHD risk levels. However, significantly more event savings would occur if the 10% CHD risk group were included and continued in both groups for at least 20 years.


2009 ◽  
Vol 3 (S1) ◽  
pp. S59-S67 ◽  
Author(s):  
John L. Hick ◽  
Joseph A. Barbera ◽  
Gabor D. Kelen

ABSTRACTHealth care facility surge capacity has received significant planning attention recently, but there is no commonly accepted framework for detailed, phased surge capacity categorization and implementation. This article proposes a taxonomy within surge capacity of conventional capacity (implemented in major mass casualty incidents and representing care as usually provided at the institution), contingency capacity (using adaptations to medical care spaces, staffing constraints, and supply shortages without significant impact on delivered medical care), and crisis capacity (implemented in catastrophic situations with a significant impact on standard of care). Suggested measurements used to gauge a quantifiable component of surge capacity and adaptive strategies for staff and supply challenges are proposed. The use of refined definitions of surge capacity as it relates to space, staffing, and supply concerns during a mass casualty incident may aid phased implementation of surge capacity plans at health care facilities and enhance the consistency of terminology and data collection between facilities and regions. (Disaster Med Public Health Preparedness. 2009;3(Suppl 1):S59–S67)


2021 ◽  
Vol 27 (2) ◽  
pp. 164-169
Author(s):  
Alla V. Basova ◽  
Marina V. Vlasova ◽  
Grigory M. Barashkov

The article is devoted to the study of the problem of ensuring the protection of medical workers from the encroachments of patients and their relatives in the Russian health care system, the study of the level of awareness of physicians about the mechanism for protecting their rights in case of conflict situations when providing medical care to patients. As a result of the conducted research, the authors come to the conclusion that it is necessary to improve the legal literacy of physicians, provide the necessary level of material and technical support for medical workers with modern means of self-defence, and improve the legal regulation of the safety of medical activities. The proposed measures will increase the effectiveness of the implementation of the protection of the rights of medical workers and will become a means of preventing encroachments on them in the health care system. Fostering a respectful attitude of patients to medical professionals, increasing the prestige of the profession in society is an important component of preventing attacks on health workers.


Author(s):  
Anna Taddio

All children undergo needle procedures as part of routine medical care. Numerous interventions are available for relieving pain from needle procedures. These interventions can be divided into four domains (4 Ps of pain management): procedural, pharmacological, psychological, and physical. Treating needle pain reduces pain and distress and improves satisfaction with medical care. Other potential benefits include a reduction in the development of needle fear and subsequent health care avoidance behaviour. Adoption of the 4Ps into routine clinical practice is feasible and should become a standard of care in the delivery of health care for children. This chapter is a narrative review of the current knowledge about: epidemiology, pain experience, practices and attitudes, and evidence-based interventions for pain management during common needle procedures.


SAGE Open ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. 215824401985995 ◽  
Author(s):  
Esmée Hanna

Amputation is seen to be a potentially distressing experience for patients and one which, for some patients, is seen as being akin to grief. Historically, medical professionals have alluded to the relevance of considerations of disposal of amputates after the process of amputation as being implicated in the psychological adjustment to amputation, yet limited understandings around disposal are evident. The disruption of bodily integrity by the process of amputation also presents a disruption of our norms around the disposal of human tissue, presenting challenges for how health care professionals can support patients through enacting their decisions around disposal. This narrative review article then explores the existing literature around disposal of amputates, drawing on literature from across the health and social sciences to examine what is known about disposal. It then argues that our considerations of disposal remain lacking despite the increasing incidence of amputation and the potential distress that not managing disposal can cause for some patients. It also examines the social implications of disposal and how limitations around disposal can itself reinforce the overlooking of disposal within the process and experience of amputation.


2013 ◽  
Vol 10 (01) ◽  
pp. 33-37 ◽  
Author(s):  
M. Klinkman ◽  
D. Goldberg

SummaryThis paper describes the necessity of adapting the major classifications of mental disorders exemplified by the ICD-11 and the DSM-5 for the special needs of primary medical care. An earlier version of the classification – the ICD-10-PHC – is described, and the process of adapting it is described in detail. The new 28 item version of the classification is described, and the procedures to be adopted in the Field Trials to be held during 2013 are set out, together with the specific problems these field trials will address.


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