Legal aspects of prescribing

2021 ◽  
Vol 13 (10) ◽  
pp. 404-407
Author(s):  
Benjamin Flavell

Paramedic independent prescribing is in its infancy and there are limitations to the range of medicines that can be prescribed when compared with other professions undertaking independent prescribing. Medication and prescribing errors are common events within the NHS in England, resulting in a substantial number of litigation and fitness-to-practise proceedings against other professions in relation to prescribing and medicines management. It is foreseeable that paramedic independent prescribers could also find themselves subject to legal action. This article considers a fictitious scenario where a patient suffers harm as a result of a prescribing decision and the legal implications for the prescriber.

2009 ◽  
Vol 2 (1) ◽  
Author(s):  
Wade Mansell ◽  
Karen Openshaw

In 2008 the Ecuadorian government received a report on the legitimacy of the country's sovereign debt from an international audit commission appointed by Ecuador's current president, Rafael Correa. This concluded that much of the debt was tainted by illegality and illegitimacy and consequently did not merit repayment. Citing the report's findings as justification, the government stopped making interest payments on certain of the country's bonds, but, rather than repudiating them altogether, engineered a successful buyback at a large discount. Having thus reduced Ecuador's external commercial debt burden by about a third, the government is now planning to address multilateral and bilateral loans also adjudged unlawful by the commission.This article examines the robust approach adopted by the Correa administration to tackling Ecuador's public debts, placing it in the context of the country's troubled economic history and contrasting it with previous defaults and debt workouts which largely worked to Ecuador's disadvantage. In doing so, it considers the use which the government has made of the increasingly prominent concepts of odious and illegitimate debt as a means of combating the indebtedness of the South. The conclusion reached is that, regardless of the final position suggested by international law, the realities of international relations are likely to limit the practicality of legal remedies. Nevertheless, the case of Ecuador provides a new chapter in the continuing academic debate regarding unlawful debt.These, of course, are the legal aspects of Ecuador's endeavours to curtail expenditure desperately needed for other purposes. Underlying the legal implications is the reality of an impoverished nation called upon to continue to service or redeem 'debt' that brought no obvious benefit to the overwhelming majority of its people. Debt repayment has promoted impoverishment and also, if indirectly, facilitated devastating environmental degradation.


1998 ◽  
Vol 11 (2) ◽  
pp. 173-183
Author(s):  
L. Borea

My project deals with an instrument for neurosurgery and electronics, a neural microcomputer, together with its ethical and legal implications. The essay is presented in the form of a report from the legal department of the CyberSys Corporation to the Board of Directors of the same firm. The introductory background information is followed by a description by the department of the ethical and legal observations made by the Ethical and Legal Commission of the European Court of Justice regarding the application of high technology. The debate between the various members of the Commission is particularly delicate as the potential impact of this new technology could prove revolutionary.


Author(s):  
André M Louw

This article suggests some pause for reflection amongst intellectual property lawyers, and for serious consideration of the words of an internationally-renowned IP law expert: "Possessing a right does not mean that it is a good idea to enforce it always, and to the hilt. Discretion may be nine parts of possession". It provides some prominent, recent examples of trademark bullying or overly-aggressive enforcement in the IP law context. These examples are mainly from other jurisdictions but they are directly relevant to some of the IP law challenges present in South Africa at the moment.  The article further examines why lawyers and rights' holders engage in trademark bullying (why it's done), and start to deal briefly with some of the legal implications. A future article is to examine the legal aspects of trademark bullying in much more detail and considers its legitimacy within the context of IP law, more generally, and some other areas of law, more specifically. 


2011 ◽  
Vol 2011 ◽  
pp. 1-5 ◽  
Author(s):  
Michael Eisenhut ◽  
Blanche Sun ◽  
Sarah Skinner

Prescribing errors are the most common type of medical errors and can result in harm particularly in young children. Doctors were enrolled in a programme of written assessment in prescribing skills and individualized feedback. Pharmacists audited the impact. The setting was the paediatric wards and neonatal unit of a District General Hospital. 16 doctors were tested and received feedback. A total of 110 errors were identified in this test, out of a 51 were classified as major including wrong dose and frequency, and prescribing medication the patient had an allergy to. Audit of impact of this intervention revealed a reduction of errors from 47 to 21, and patients affected from 19 to 11 per 100 () emergency admissions compared to an audit before the intervention. An intervention combining a comprehensive multifaceted assessment and detailed feedback can lead to reduction of prescribing errors in paediatric trainees.


1987 ◽  
Vol 50 (8) ◽  
pp. 259-262 ◽  
Author(s):  
Bridgit Dimond

The legal anxieties and uncertainties arising from their work are increasingly confronting occupational therapists. It is vital that they are aware of the legal implications. These three articles explore the main spheres of legal liability and professional accountability which arise. The first article analyses the main provisions of the criminal law and the civil law. The types of offence with which an occupational therapist could be prosecuted are discussed together with a brief outline of the criminal law procedures. Similarly, the occupational therapist's liability before the civil courts is examined and the main elements, which anyone suing him or her would have to prove, are considered. The basis for the calculation of compensation is also examined.


2011 ◽  
Vol 13 (1 & 2) ◽  
pp. 2003
Author(s):  
Ariel L. Bendor

The obvious security difficulties in Israel also carry problematic political, economic and social consequences. The unique Israeli condition — as a young democratic state, whose mere existence is still not self-evident to all — also has legal implications. In Israel, the law and the courts of law are often involved in resolving political issues, including issues pertaining to foreign and security policy. This involvement is more intensive in Israel than in many other democracies.1 That is why one might be interested in comprehending some legal aspects, especially those of constitutional law, that are present in the background of Israeli reality.


2018 ◽  
Vol 13 (1) ◽  
pp. 18-26
Author(s):  
Ghassan Niko Hasbi ◽  
Bambang Tjatur Iswanto ◽  
Mulyadi Mulyadi

The provisions on dispute settlement Islamic banking has been laid down in Chapter IX of the settlement of disputes of Article 55 (1), (2), (3) of Law No. 21 of 2008 mentioned that the dispute settlement Islamic Banking is done by the court within the religious court, in case the parties have foretell dispute resolution other than as referred to in paragraph (1), the settlement of disputes in accordance with the contents of the contract, settlement of disputes referred to in paragraph (2 ) must not conflict with Islamic principles. The elucidation of Article 55 paragraph (2) of Law No. 21 of 2008 mentioned that the reference to the settlement of disputes in accordance with the contents of the contract are as follows efforts of deliberation, banking mediation, through the National Sharia Arbitration Board (Basyarnas) or other arbitration institution and / or through the courts within the General Court. The polemic is about the authority to resolve disputes in Islamic banking because there is no dualism of litigation, the Court of religion (Article 55 paragraph (1) of Law No. 21 of 2008) and the District Court stated in the elucidation of Article 55 paragraph (2) of the Act No. 21 of 2008), so in this study took the title of Absolute Authority of Religious Court Case Against Islamic Banking Solution (Analysis Juridical Constitutional Court Decision No. 93 / PUU-X / 2012). This study aims to know the legal implications arising from the decision of the Constitutional Court regarding the absolute authority of the Religious, and the competence of the Religious Islamic Banking in resolving disputes after the publication of the decision of the Constitutional Court for the No. 93 / PUU-X / 2012. The method used in this research is the method of juridical-normative research focus to apply the rules or norms of positive law by finding the law that encourages research, such as looking for the source of various litelatur, interviews with respondents also focused on how the legal aspects and principles of law against the decision of the Constitutional court, and the legal implications of this decision are equipped with primary data (Field research), as well as secondary data which supports research. In this study, there are two principal issues examined is about authority Absolut religious court after the Constitutional Court ruling No. 93 / PUU-X / 2012 as well as the implications of the issuance of the verdict in the world economy, especially sharia Islamic microfinance institutions and Islamic banking. The findings of this research is the decision of the Constitutional Court are legally absolute magnitude against all things Islamic economy both litigation and non-litigation to force the execution of the decision in the case or a decision which is final.


2020 ◽  
Vol 9 (2) ◽  
pp. 114
Author(s):  
Satriya Nugraha

In the Employment Law is not found that the Government may appoint civil servants Candidate (employess) derived from Honorary Workers but then with Government Regulation No. 48 Year 2005 About Appointment of Honorary Workers Being employess has set a policy that the Government may appoint honorary be employess and then amended by Government Regulation No. 43 of 2007 On Amendment of Government Regulation No. 48 Year 2005 concerning the appointment of Honorary Workers Being employess. This study aims to assess the presence of Honorary Workers in the perspective of Employment Law and Legal Implications Power Honorary appointment into employess. This type of research is normative and descriptive analytical study the rules or norms of positive law, relating to the Government's policy to raise the Honorary Workers be employess. The results of this study found that the appointment of Honorary Workers become employess more viscous aspects of public policy rather than juridical aspects. But public policy is then given a legal basis in the form of Government Regulation. Legal implications of the appointment of Honorary be employess conflict between Employment Law with Government Regulations governing, so that under the principles of law should be a higher Regulations beat / disregard the underlying Regulation and this may mean that the implications of the appointment of Honorary Workers into the civil servant is not valid in terms of Legal Aspects


Author(s):  
Paolo Bailo ◽  
Filippo Gibelli ◽  
Alberto Blandino ◽  
Andrea Piccinini ◽  
Giovanna Ricci ◽  
...  

Telemedicine allows for the effective delivery of health care to patients at a distance through the application of information technology to the field of medicine. This is optimal during the COVID-19 pandemic to reduce interpersonal contact to mitigate contagion. Among the possible Telemedicine applications, there is Telesurgery, which involves more and more surgical specialties thanks to the numerous benefits in quality and cost containment. In the growing field of Telesurgery, its technical and legal implications must be considered. In this study, a traditional review of the scientific literature was carried out to identify the most relevant issues of interest in Telesurgery. The problematic legal aspects identified are mainly related to the difference in legislation between different geographical areas, which is critical in the case of malpractice. In addition, there is the possibility of a malicious hacker attack on the transmitted data stream either to steal sensitive data or to harm the patient. Finally, there are inherent difficulties with the technology used, such as latency issues in data transmission. All these critical issues are currently not adequately addressed by current legislation. Therefore, one can only hope for a legislative action to allow Telesurgery to be used safely.


2017 ◽  
Vol 9 (2) ◽  
pp. 114
Author(s):  
Satriya Nugraha

        In the Employment Law is not found that the Government may appoint civil servants Candidate (employess) derived from Honorary Workers but then with Government Regulation No. 48 Year 2005 About Appointment of Honorary Workers Being employess has set a policy that the Government may appoint honorary be employess and then amended by Government Regulation No. 43 of 2007 On Amendment of Government Regulation No. 48 Year 2005 concerning the appointment of Honorary Workers Being employess. This study aims to assess the presence of Honorary Workers in the perspective of Employment Law and Legal Implications Power Honorary appointment into employess. This type of research is normative and descriptive analytical study the rules or norms of positive law, relating to the Government's policy to raise the Honorary Workers be employess. The results of this study found that the appointment of Honorary Workers become employess more viscous aspects of public policy rather than juridical aspects. But public policy is then given a legal basis in the form of Government Regulation. Legal implications of the appointment of Honorary be employess conflict between Employment Law with Government Regulations governing, so that under the principles of law should be a higher Regulations beat / disregard the underlying Regulation and this may mean that the implications of the appointment of Honorary Workers into the civil servant is not valid in terms of Legal Aspects


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