scholarly journals Consensus in medical treatment in the French and Saudi laws: التراضي في العلاج الطبي في القانون الفرنسي والسعودي

2021 ◽  
Vol 5 (14) ◽  
pp. 91-68
Author(s):  
Mabrouk Shneeb Zarrouk Nafkha Mabrouk Shneeb Zarrouk Nafkha
Keyword(s):  
Medical Treatment ◽  
Medical Profession ◽  
The Other ◽  
Best Interests ◽  
Social Solidarity ◽  
Medical Decision ◽  
Specific Patient ◽  
Patient’S Satisfaction ◽  
Social Views ◽  
The Right

Medical treatment is mutual consent between two parties, the doctor on the one hand, and the patient on the other, to conduct a therapeutic intervention, which is initially the main goal of this research. By adopting an analytical and descriptive methodology for legal texts, opinions of jurisprudence, and judicial jurisprudence, the physician is free, in principle, to select and contract with his patients. This is what the study aims to clarify. The physician has the right to consent to contracting with or rejecting a specific patient, regardless of the nature of the motive. A doctor, like other people, has complete freedom to practice his profession in the manner that he pleases. As he has the right to accept or reject the invitation for treatment, he is not obligated to answer the patient's request. A critical reading of these texts and a comprehensive look at the opinions reveal that the doctor's refusal of treatment could come as a result of professional reasons and/or personal reasons. Others add the cases of religious convictions and the inability resulting from his lack of specialization in treating the disease. However, considering the concept of social justice, the freedom to practice the medical profession is no longer an absolute freedom exercised in that traditional individual spirit that entitles those with free professions to practice it or refrain from practicing it as they please, which is what the researcher seeks to explain. Medicine in general is nothing but a social function in which the practitioner must seek the spirit of social solidarity. As a result of these social views, the physician must commit to performing them according to the best interests of society. The doctor is not entitled to refrain from helping or answering the call of a patient. On the other hand, the study aims to clarify that medical treatment requires the patient's consent as well. It was found that there was a difference of jurisprudence regarding this, but it does not prevent the doctor from making obligations towards the patient. While some jurists believe that the doctor or surgeon has the right to impose a medical decision whose necessity he assesses in the light of his conscience and experience, even against the will of the patient, others maintain that he cannot treat the patient without taking his free and enlightened consent. Still others see that the patient must be satisfied specifically in certain cases. In this sense, the doctor is allowed to tell white or open lies. The study concluded that the doctor must, at all stages, show the patient the feasibility of the required treatment and surgery and the extent of their success before each medical or surgical intervention. The result of the recognition of the patient’s right to maintain his physical sanctity must also work on the principle of the doctor’s obligation to provide the patient with this information and inquiries until the patient’s satisfaction comes enlightened or insightful despite the emergence of realistic problems related to obtaining the patient’s satisfaction The study generally recommends: 1- Enacting new laws that override the jurisprudential differences over consent, define its cases and arrange responsibility for it. 2- Assigning a substitute to the doctor to enlighten the patient and search for his consent in specific cases 3- Appraising the creative role of jurisprudence in the article of medical contracting and resolving the related problems.

Of Love and Laetrile: Medical Decision Making in a Child's Best Interests

1979 ◽  
Vol 5 (3) ◽  
pp. 269-294
Author(s):  
Eve T. Horwitz
Keyword(s):  
Decision Making ◽  
Medical Treatment ◽  
Burden Of Proof ◽  
State Intervention ◽  
Convincing Evidence ◽  
State Agency ◽  
Best Interests ◽  
Medical Decision ◽  
Appropriate Treatment ◽  
Life Threatening

AbstractTwo recent cases have raised important questions concerning the appropriateness of state intervention in parental choices of unorthodox medical treatment for children with life-threatening conditions. This Note first discusses whether, and if so, when, state intervention in a child's treatment selection by its parents is appropriate, and then analyzes the tests a court should apply in deciding upon an appropriate treatment. The Note recommends a decision-making approach that requires the appropriate state agency to prove, by clear and convincing evidence, that the parents' choice of medical treatment either is directly or is indirectly harming their child. Under this approach, if the state meets its burden of proof the court then must apply the ‘best interests’ test, rather than the ‘substituted judgment’ test, to choose an appropriate medical treatment for the child.

Some Implications of the Human Rights Act 1998 for the Medical Treatment of Children

2003 ◽  
Vol 6 (1) ◽  
pp. 25-51 ◽  
Author(s):  
Lynn Hagger
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Medical Treatment ◽  
Medical Decision ◽  
Privacy Rights ◽  
Important Principle ◽  
Department Of Health ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Right

Although the Gillick decision was hailed as an important step in the furtherance of respect for children's autonomy, subsequent judgments seemed to undermine this important principle. While it would be difficult to criticise the outcomes of some of the key cases, the reasoning by which these were achieved is rather more contentious. There have been some interesting discussions suggesting more constructive approaches but there is still a great deal of anecdotal evidence indicating that conservative assessments of children's ability to be involved in decisions about their medical treatment remain the norm. The new Department of Health consent forms should help to create a climate where assessment of a child's competence will become more sophisticated. This paper will argue that the Human Rights Act 1998 offers another opportunity to reassess more traditional approaches to children's capacity; indeed, this could be put more strongly: if we fail to assess children's competence properly, there could be violations, inter alia, of the right not to be subject to inhuman and degrading treatment under Article 3 in extreme circumstances and the right to private and family life enshrined in Article 8. Clearly, it is not always practicable to carry out assessments rigorously and some health professionals may feel they do not have the expertise to do this, but some basic criteria could assist here; courts are not likely to expect more than a demonstration that best endeavours have been employed in reasoned decision-making. Additionally, other privacy rights may have implications for the medical decision-making process as it affects children and their carers particularly where conflict arises. Disputes may also ensue from the right to manifest religion and other beliefs”,’ under the Act. This paper will explore how such challenges to those responsible for the medical treatment of children may fare.

Substituted Judgment, Best Interests, and the Need for Best Respect

1994 ◽  
Vol 3 (2) ◽  
pp. 195-208 ◽  
Author(s):  
Susan R. Martyn
Keyword(s):  
Medical Treatment ◽  
Terminal Illness ◽  
Best Interests ◽  
State Courts ◽  
Substituted Judgment ◽  
Physical Suffering ◽  
The Face ◽  
The Right

Perhaps the most troublesome medical decisionmaking cases facing state courts concern serious healthcare decisions involving patients with severe or profound retardation. The courts who face this issue encounter a difficult dilemma. A decision to terminate a medical treatment of a dependent, vulnerable person requires considerable solicitude. Allowing a helpless person to die sooner than is medically possible directly conflicts with that person's most basic right – the right to live. However, continuing treatment in the face of terminal illness may not only prolong but also increase intense mental and physical suffering. Perpetuating near torture in the name of protecting a person's life may be equally worrisome.

scholarly journals THE IMPACT OF SUNNI ISLAMIC SUFISM ON THE CONSOLIDATION OF THE PRINCIPLE OF SOCIAL SOLIDARITY

2021 ◽  
Vol 03 (05) ◽  
pp. 41-47
Author(s):  
El Akel EL MOUDEN
Keyword(s):  
Social Behavior ◽  
Social Cohesion ◽  
The Other ◽  
Social Solidarity ◽  
Practical Education ◽  
The Right ◽  
Fully Connected ◽  
The Impact ◽  
The Universe

Islamic Sufism is considered a scientific and practical education of souls, a cure for diseases of the heart, a plantation of virtues, a rebellion of vices and a suppression of desires and a training in patience, contentment and obedience. In addition, it has had a great impact on strengthening spiritual ties between all cultural, social and tribal components. Sufism is also considered one of the most important characteristics in the religious field. This is due to the accumulation of educational assets in this field that have contributed very effectively to the formation of religious conscience and national social behavior, which cannot be erased or changed. Sunni Islamic Sufism is a practical, not theoretical, and therefore realistic, and this realism means taking into account the reality of the universe in terms of its reality. The Sufi’s observance of this realism makes him fully connected with the society in which he lives. On the other hand, the constant of Sunni Sufism works to consolidate the values of peace and social cohesion. Furthermore, the general experiences show us that men of Sufism who involve themselves in peace can more than others contribute to spreading and strengthening peace in their surroundings, just as Sufis believe in the reality of intellectual difference whether between persons or between nations and they deal in cooperation and acquaintance. This article aims to define the role of Sunni Sufism in establishing of the principle of social cohesion. It also shows the reality of Sunni Sufism, its interest in social justice and its focus on the principle of tolerance and the right to difference.

Temporary Treatment of Incipient Insanity

1897 ◽  
Vol 43 (182) ◽  
pp. 547-548
Keyword(s):  
Medical Association ◽  
Medical Profession ◽  
Family Physicians ◽  
British Medical Association ◽  
The Other ◽  
Legal Provision ◽  
Temporary Treatment ◽  
The Right ◽  
Lord Chancellor ◽  
Official Information

The Commissioners in Lunacy received a joint deputation of the British Medical Association and the Medico-Psychological Association at Whitehall Place, on the 27th May, when the matured proposals of the medical profession in regard to the temporary treatment of incipient insanity were judiciously stated. It will be remembered that this matter arose in consequence of a motion by Dr. Rayner, accepted by the meeting of the British Medical Association at Carlisle, to the effect that similar provisions should be introduced for England to those already existing in Scotland. The introduction of the Lunacy Bill to which we refer above affords an opportunity for this desirable procedure. Dr. Needham spoke favourably of the proposal, and put the matter in the right light by remarking that the essence of the proposal was the vagueness of the certificate as applicable to incipient cases, and the propriety of such a legal provision, if likely to regulate the illicit treatment of the insane now engaged in. Mr. Bagot, on the other hand, apparently prefers that every case of insanity should be swept into the asylums of the country, and holds that official information which is not necessarily followed up by official inspection is utterly futile. The unanimously favourable opinion of commissioners, specialists, and family physicians in Scotland, regarding this valuable provision of the Scottish Lunacy Acts, gets short shrift at the hands of Mr. Bagot. The result was that the deputation was advised to go direct to the Lord Chancellor.

Assessment of knowledge of oral health hygiene among coastal guards in the port trust of south Tamil Nadu - A public health awareness survey

2020 ◽  
Vol 11 (SPL3) ◽  
pp. 1861-1868
Author(s):  
Bianca Princeton ◽  
Abilasha R ◽  
Preetha S
Keyword(s):  
Lung Cancer ◽  
Oral Health ◽  
Oral Hygiene ◽  
Tamil Nadu ◽  
Asbestos Exposure ◽  
The Other ◽  
Oral Manifestations ◽  
Illegal Activities ◽  
The Right ◽  
Oral Hygiene Habits

Oral hygiene is defined as the practice of keeping the mouth clean and healthy, by brushing and flossing to prevent the occurrence of any gum diseases like periodontitis or gingivitis. The main aim of oral health hygiene is to prevent the buildup of plaque, which is defined as a sticky film of bacteria and food formed on the teeth. The coastal guard is an official who is employed to watch the sea near a coast for ships that are in danger or involved with illegal activities. Coastal guards have high possibilities of being affected by mesothelioma or lung cancer due to asbestos exposure. So, a questionnaire consisting of 20 questions was created and circulated among a hundred participants who were coastal guards, through Google forms. The responses were recorded and tabulated in the form of bar graphs. Out of a hundred participants, 52.4% were not aware of the fact that coastal guards have high chances of developing lung cancer and Mesothelioma. 53.7% were aware of the other oral manifestations of lung cancer other than bleeding gums. Majority of the coastal guards feel that they are given enough information about dental hygiene protocols. Hence, to conclude, oral hygiene habits have to be elaborated using various tools in the right manner to ensure better health of teeth and gums.

JUAL BELI TANAH YANG DILAKUKAN TANPA AKTA PPAT

2018 ◽  
Vol 4 (1) ◽  
pp. 89-107
Author(s):  
Cheri Bayuni Budjang
Keyword(s):  
Everyday Life ◽  
Government Regulation ◽  
Land Rights ◽  
The Other ◽  
Legal Certainty ◽  
Land Registration ◽  
The Future ◽  
The Right ◽  
Laws And Regulations

Buying and selling is a way to transfer land rights according to the provisions in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration which must include the deed of the Land Deed Making Official to register the right of land rights (behind the name) to the Land Office to create legal certainty and minimize the risks that occur in the future. However, in everyday life there is still a lot of buying and selling land that is not based on the laws and regulations that apply, namely only by using receipts and trust in each other. This is certainly very detrimental to both parties in the transfer of rights (behind the name), especially if the other party is not known to exist like the Case in Decision Number 42 / Pdt.G / 2010 / PN.Mtp

Visual asymmetries during face encoding Increased dwell time and fixations in the upper and left hemifields

2018 ◽  
Author(s):  
Fatima Maria Felisberti
Keyword(s):  
Face Recognition ◽  
Eye Movements ◽  
Visual Field ◽  
Face Processing ◽  
Dwell Time ◽  
The Other ◽  
Environmental Cues ◽  
Reading Habits ◽  
The Right

Visual field asymmetries (VFA) in the encoding of groups rather than individual faces has been rarely investigated. Here, eye movements (dwell time (DT) and fixations (Fix)) were recorded during the encoding of three groups of four faces tagged with cheating, cooperative, or neutral behaviours. Faces in each of the three groups were placed in the upper left (UL), upper right (UR), lower left (LL), or lower right (LR) quadrants. Face recognition was equally high in the three groups. In contrast, the proportion of DT and Fix were higher for faces in the left than the right hemifield and in the upper rather than the lower hemifield. The overall time spent looking at the UL was higher than in the other quadrants. The findings are relevant to the understanding of VFA in face processing, especially groups of faces, and might be linked to environmental cues and/or reading habits.

Challenges of Media Education Standards in Georgia

2017 ◽  
Vol 2 (2) ◽  
Author(s):  
Marine Vekua
Keyword(s):  
Working Conditions ◽  
Teaching Methods ◽  
International Standards ◽  
The Other ◽  
Historical Background ◽  
Journalism Education ◽  
Education Standards ◽  
Modern Media ◽  
The One ◽  
The Right

The main goal of this research is to determine whether the journalism education of the leading media schools inGeorgia is adequate to modern media market’s demands and challenges. The right answer to this main questionwas found after analyzing Georgian media market’s demands, on the one hand, and, on the other hand, differentaspects of journalism education in Georgia: the historical background, development trends, evaluation ofeducational programs and curricula designs, reflection of international standards in teaching methods, studyingand working conditions.

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