scholarly journals A Legal Perspective of the Regulatory Framework for Trado-Medical Practice in Nigeria

2014 ◽  
pp. 79-107
Author(s):  
Eric Ayemere ◽  
Lucky Ehimen Enakemere
Keyword(s):  
Medical Practice ◽  
Alternative Therapy ◽  
Institutional Framework ◽  
Regulatory Regime ◽  
Legal Regime ◽  
Orthodox Medicine ◽  
Political Will ◽  
Medical Practitioners ◽  
Legal Perspective ◽  
The World

The authors are of the view that based on the good services provided by genuine trado-medical practitioners; this form of healing art should be encouraged under a strict regulatory regime in order to avoid the dangers prevalent where there is a lack of effective regulations. The article analyses the legal and institutional framework of trado-medical practice in Nigeria and examines the constitutionality of the extant National and some States legal regime if any and its impact in effectively and positively facilitating tradomedical practice in Nigeria. This article also contends that presently, there is no comprehensive regulation due to the absence of specific National legislations on the trado-medical practice. Governments all over the world are increasingly embracing and recognizing Trado-medical practice which been propelled by the fact that many diseases which have prove resistant to orthodox medicine requires attention from alternative therapy. The challenge of adopting trado-medical practice into the mainstream health care sector is that it is not backed with a specific legislation regulating its practice and practitioners. This paper finally conclude that unless there is an urgent and positive change in the attitude of Government coupled with a vigorous political will to strengthen the present legal and institutional framework, patronage of traditional medicine in Nigeria will not be guaranteed as to the safety of the patient and trado-medical practice which is rooted in our culture and heritage will be lost.

scholarly journals An Agenda for Improving Legal Claims for Medical Malpractice in Nigeria

2018 ◽  
Vol 14 (5) ◽  
pp. 118
Author(s):  
Uwakwe Abugu ◽  
Dike C. Obalum
Keyword(s):  
Medical Practice ◽  
Medical Malpractice ◽  
Modern Medicine ◽  
Orthodox Medicine ◽  
Medical Practitioners ◽  
Basic Care ◽  
Law And Ethics ◽  
The World ◽  
The Right ◽  
High Level

The law and ethics of medical practice enjoy a relatively universal appeal, and speak the same language in different jurisdictions. This is due mainly to the fact that the practice of modern orthodox medicine is traceable to the Greek philosopher, Hippocrates (father of modern medicine) who brought scientific rationalization into medical practice, thus exploding the hitherto garb of metaphysics and Esoterism that beclouded the practice. The various works of the World medical Association in developing and disseminating ethical rules and standards of practice further strengthened the universal character of medical ethics. Accordingly, the right of patients and the duties of medical practitioners remain the same all over the world. But the extent to which these rights and duties are asserted, observed and enforced vary significantly among jurisdictions. Recent empirical investigation shows that in Nigeria only about 1.1% of all medical malpractice cases are enforced through legal action. This paper gives an analysis of the present state of medical practice in Nigeria in terms of the basic care exhibited by medical practitioners, the impression of patients about such care and other elementary requirements of doctor-patient relationship. It draws from a work which concludes that while the level of care is abysmally low leading to high level of malpractice, the level of legal claims is even lower. The paper proceeds to set out some legal and administrative remedial measures that could be taken to improve the almost non-existent claims against practitioners involved in medical malpractice in Nigeria.

scholarly journals Best interests: The ‘best’ way for courts to decide if young children should act as bone marrow donors?

2017 ◽  
Vol 17 (1-2) ◽  
pp. 3-42 ◽  
Author(s):  
Shih-Ning Then
Keyword(s):  
Bone Marrow ◽  
Young Children ◽  
Medical Practice ◽  
Best Interests ◽  
Potential Donor ◽  
Unique Position ◽  
Potential Child ◽  
The World ◽  
Psychological Harm ◽  
Continued Use

Young children who are called upon to donate regenerative tissue – most commonly bone marrow – to save the life of a sick relative are in a unique position. The harvest of tissue from them is non-therapeutic and carries the risk of physical and psychological harm. However, paediatric donation is relatively common medical practice around the world. Where some doubt exists over the legality of allowing a child to donate, courts can be asked to authorize the procedure and in doing so will apply the ‘best interests’ test in making their decision. How are a young child’s rights recognized in such a situation? This article considers whether the best interests test is the ‘best’ test to be applied by courts when cases of potential child donors come before it. The approach of courts in three jurisdictions is analysed, and problems in the application of the test in this context are discussed. While the continued use of the test by courts is supported, the way the test has been used by courts is critiqued and recommendations made to better respect the rights of the potential donor child.

State of emergency in Poland: constitutional regulation and “hybrid” nature during the COVID-19 pandemic

2021 ◽  
Vol 30 (4) ◽  
pp. 41-67
Author(s):  
Valentina Chekharina
Keyword(s):  
The State ◽  
Legal Regime ◽  
State Of Emergency ◽  
Hybrid State ◽  
Political Interests ◽  
The World ◽  
Constitutional Tribunal ◽  
Law And Justice ◽  
The Republic ◽  
Emergency Measures

The COVID-19 pandemic became widespread across the world throughout 2020 and 2021 in an emergency that gravely impacted the health and lives of people around the world. States have taken exceptional measures to combat the pandemic, including controversial decisions to introduce emergency regimes, which have been questioned in regards to their compliance with constitutional regulations. The fight against the COVID-19 pandemic requires special measures, however they must remain within the constitutional framework. Consequently, the pandemic and its effect upon the legality of regimes in a state of emergency has captured the attention of legal scholars. The aim of this study is to analyse the constitutional regulation of the state of emergency in the Republic of Poland which was introduced in the country during the COVID-19 pandemic. In Poland, an emergency regime was introduced following an order by the Minister of Health. However the state of emergency (here, natural disaster) as stated by the Constitution was not introduced, although, according to analysts, some state bodies and officials had confirmed that all the necessary conditions for this were met. On 2 March 2020, the so-called Special Law on Coronavirus was adopted, followed by other regulations to fight the pandemic. These analysts stated that the measures introduced by the new acts corresponded to a legal regime containing the constitutional characteristics of a state of emergency, but lacked the appropriate constitutional procedure for their introduction. Presidential elections were held at this time, however legally they cannot be held during a state of emergency, as it indicates the presence of political interests in the choice of the regime. The unconstitutional procedure of the introduction of emergency measures alongside their characteristics of the state of emergency make it possible to consider the epidemic regime introduced in Poland a “hybrid” state of emergency, which is not detailed by the Constitution or legislation. On this basis, the study concludes that reasons behind the unconstitutional response to the COVID-19 pandemic in Poland can be found in both the Constitution, and in the manifestations of the crisis of the constitutional and legal system, which began with the reform of Poland’s Constitutional Tribunal by the ruling Law and Justice party in 2015.

scholarly journals Maternal mortality in the developing world: why do mothers really die?

2008 ◽  
Vol 1 (1) ◽  
pp. 2-6 ◽  
Author(s):  
Gwyneth Lewis
Keyword(s):  
Maternal Mortality ◽  
Death Certificate ◽  
Social Care ◽  
World Health ◽  
Depth Information ◽  
Health Organizations ◽  
Political Will ◽  
Cultural Attitudes ◽  
Health And Social Care ◽  
The World

Every year some eight million women suffer preventable or remediable pregnancy-related complications and over half a million will die unnecessarily. Most of these deaths could be averted at little or no extra cost, even where resources are limited, but in order to take action, and develop and implement changes to maternity services to save mothers and newborns lives, a change in cultural attitudes and political will, as well as improvements in the provision of health and social care, is required. Further, to aid programme planners, more in-depth information than that which may already be available through national statistics on maternal mortality rates or death certificate data is urgently needed. What is required is an in-depth understanding of the clinical, social, cultural or any other underlying factors which lead to mothers' deaths. Such information can be obtained by using any of the five methodologies outlined in the World Health Organizations programme and philosophy for maternal death or disability reviews, ‘Beyond the Numbers’, briefly described here and which are now being introduced in a number of countries around the world.

scholarly journals Evidence based medicine? Access to information & medicines regulation in New Zealand

2021 ◽  
Author(s):  
◽  
Amy Hill
Keyword(s):  
New Zealand ◽  
Regulatory Regime ◽  
Pharmaceutical Companies ◽  
Evidence Based ◽  
Access To Information ◽  
The Public ◽  
The World ◽  
Medicines Regulation ◽  
Based Medicine

<p>This paper explores one very important issue in the regulatory regime for medicines in New Zealand and around the world- the deficit of information about medicines available to doctors, patients and independent researchers. Much of the information about safety, efficacy and quality of drugs is held and controlled by pharmaceutical companies and regulators. The public is entitled to this information in full.</p>

scholarly journals Participatory Ethnographic Film: Video Advocacy and Engagement with Q’eqchi’ Maya Medical Practitioners in Belize

2020 ◽  
Vol 6 (1) ◽  
pp. 77-90
Author(s):  
James Waldram
Keyword(s):  
Local Level ◽  
Good Representation ◽  
Film Festivals ◽  
Cultural Issues ◽  
Intended Audience ◽  
Medical Practitioners ◽  
Ethnographic Film ◽  
The World

There continues to be significant debate about what constitutes an “ethnographic film.” Contemporary standards for production require large budgets and sophisticated film crews, and as a result marginalizes those films produced at the local level designed to meet local needs. This article documents the process of creating a participatory ethnographic film at the behest of a group of Q’eqchi’ Maya medical practitioners in Belize. From conception through to the approval of the final cut and distribution, the project was directed by the practitioners and executed on a shoestring budget and ‘in kind’ contributions.  I argue that the genre of ethnographic film must accommodate local level aesthetic sensibilities about what constitutes a “good” representation of cultural issues, and consider the nature of the intended audience, thereby allowing space for a collaborative filmmaking process attendant to the world of the participants rather than that of international film festivals.  

scholarly journals Rituals in Traditional Chinese Medicine: Taking a Case of Infertility as an Example

2022 ◽  
pp. 9-12
Author(s):  
Jian Liang ◽  
Keyword(s):  
Chinese Medicine ◽  
Traditional Chinese Medicine ◽  
Medical Practice ◽  
Chinese Herb ◽  
Well Being ◽  
Close Connection ◽  
Research Topics ◽  
Whole Process ◽  
Traditional Chinese Herb ◽  
The World

Ritual is one of the most classic research topics in the field of Anthropology, and rituals have close connection with medial practice. However, the research on this topic from the experience of Traditional Chinese Medicine is limited. This paper presents the whole story that a patient suffering from infertility got cured got cured by a doctor of Traditional Chinese Medicine(TCM) and finally became a mother. With the detailed description of each medical practice, including pulse-taking, traditional Chinese herb therapy, and postpartum confinement, this paper analyzes the ritualized elements in the whole process, interprets how ritual play a role in the practice of TCM, and points out ritual’s essential significance in contributing to human’s well being and adjusting the relationships between individual and the world.

scholarly journals Dealing with COVID-19 in Medical Practice: Yet an Uncertain Situation

2021 ◽  
Vol 18 (4) ◽  
pp. 1-3
Author(s):  
Prabin Shrestha
Keyword(s):  
Medical Practice ◽  
Medical Professionals ◽  
The World

COVID-19 pandemic is still uncertain and is going to last longer. The world has learnt a lot to fight against it. However, the world has to learn to live and deal with it in the days ahead. Medical practice has to be innovated and modified to protect medical professionals as well as patients.

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