3. The Medical Context for the Régime du corps

2021 ◽  
pp. 93-122
Keyword(s):  
2016 ◽  
Vol 25 (4) ◽  
pp. 453-469 ◽  
Author(s):  
Jennifer Horner ◽  
Maria Modayil ◽  
Laura Roche Chapman ◽  
An Dinh

PurposeWhen patients refuse medical or rehabilitation procedures, waivers of liability have been used to bar future lawsuits. The purpose of this tutorial is to review the myriad issues surrounding consent, refusal, and waivers. The larger goal is to invigorate clinical practice by providing clinicians with knowledge of ethics and law. This tutorial is for educational purposes only and does not constitute legal advice.MethodThe authors use a hypothetical case of a “noncompliant” individual under the care of an interdisciplinary neurorehabilitation team to illuminate the ethical and legal features of the patient–practitioner relationship; the elements of clinical decision-making capacity; the duty of disclosure and the right of informed consent or informed refusal; and the relationship among noncompliance, defensive practices, and iatrogenic harm. We explore the legal question of whether waivers of liability in the medical context are enforceable or unenforceable as a matter of public policy.ConclusionsSpeech-language pathologists, among other health care providers, have fiduciary and other ethical and legal obligations to patients. Because waivers try to shift liability for substandard care from health care providers to patients, courts usually find waivers of liability in the medical context unenforceable as a matter of public policy.


Neurology ◽  
2018 ◽  
Vol 92 (5) ◽  
pp. 233-235 ◽  
Author(s):  
Michael Shevell

Words matter. In utilizing language in a medical context, we should strive to communicate succinctly and clearly, conveying both continuity and understanding. This article seeks to put forward the error in continuing to use the term “cerebral palsy,” implying a unitary disease phenomenon, when the heterogeneous nature of this entity is self-evident. In an analogous fashion to that which occurred with autism (another neurodevelopmental disability), the transition in nomenclature to “cerebral palsy spectrum disorder” is put forward for the community's consideration.


2017 ◽  
Vol 44 (7) ◽  
pp. 504-508 ◽  
Author(s):  
Neil Eisenstein ◽  
David Naumann ◽  
Daniel Burns ◽  
Sarah Stapley ◽  
Heather Draper

Advances in medical capability should be accompanied by discussion of their ethical implications. In the military medical context there is a growing interest in developing prophylactic interventions that will mitigate the effects of trauma and improve survival. The ethics of this novel capability are currently unexplored. This paper describes the concept of trauma prophylaxis (Left Of Bang Interventions in Trauma) and outlines some of the ethical issues that need to be considered, including within concept development, research and implementation. Trauma prophylaxis can be divided into interventions that do not (type 1) and those that do (type 2) have medical enhancement as an unintended side effect of their prophylactic action. We conclude that type 1 interventions have much in common with established military medical prophylaxis, and the potentially enhancing qualities of type 2 interventions raise different issues. We welcome further debate on both interventions.


2020 ◽  
Author(s):  
Jean-Rodolphe MACKANGA ◽  
Emeline Gracia MOUENDOU MOULOUNGUI ◽  
Josaphat IBA-BA ◽  
Pierre POTTIER ◽  
Jean-Baptiste MOUSSAVOU KOMBILA ◽  
...  

Abstract Background: burnout in the hospital environment is a problem that affects care and training. Often explored in the high-income medical context, burnout is poorly studied in low and middle-income countries characterized by a precarious hospital situation and a high stake linked to the Millennium Development Goals. The aim of our study was to determine in medical practitioners, in a sub-Saharan African country’s medical context, the burnout level and associated factors. Methods: a prospective cross-sectional study by using a self-administered Likert-scale questionnaire addressed to doctors and doctoral medical students in Gabon. Maslach Burnout Inventory scale has been used. Burnout symptoms were defined by high level in at least one of the 3 dimensions. Severe burnout defined by high level in all dimensions. Explored factors: socio-demographic and psychometric. Multiple logistic regression has been performed. Results: among 104 participants, severe burnout prevailed at 1.9% (95% CI: 0.2% -6.8%) and burnout symptoms at 34.6% (95% CI: 25, 6% -44.6%). The associated factors with burnout symptoms: age (OR = 0.86, p = 0.004), clinical activity in a university hospital center (OR = 5.19, p = 0.006), the easy access to the hospital (OR = 0.59, p = 0.012), number of elderly dependents living with the practitioner (OR = 0.54, p = 0.012), to live in the borough where the hospital is located (OR = 0.24, p = 0.039) and to be favorable to traditional medicine (OR = 1.82, p = 0.087). Nagelkerke’s R-squared:53.1%. Conclusion: in Gabon, middle-income country, almost one practitioner in two has burnout symptoms. The young age, the university hospital center, the difficulty to access to hospital and to live in the borough where the hospital is located increase the probability of burnout symptoms. These results must put question to relevant authorities regarding health and medical education, to set up: a public transport for practitioners, an optimal primary health care system, a regulation of medical tasks in hospitals, a training in clinical supervision.


Author(s):  
Urs-Vito Albrecht ◽  
Oliver Pramann ◽  
Ute von Jan

Unfortunately, many users are unaware of the risks and limits that arise from the use of health-related and medical apps in a medical context. Often, problems arise from insufficient, misleading, or false information, but they also arise from errors within the app or inappropriate hardware that is used for running the app. Provided information is often inadequate to enable users to assess whether a medical or health app is reliable and safe. Laws and regulations that are meant to provide consumer safety (for patients and medical professionals alike) only apply to a limited number of apps with a specific medical purpose. For non-regulated apps used in a health context, there are various projects and initiatives, for example relating to app certification, but not all of these provide the information they collect about an app in a comprehensible and verifiable manner. The app synopsis presented in this chapter aims at alleviating the situation. The authors propose that manufacturers and developers use its clear structure for providing users with information about an app, ideally in a place where they commonly look (e.g. the app stores).


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