International Journal of Health Law and Government Policy

Equity and Health Care: The Case of Obesity

John D. Blum — Mon, 06 Jan 2020 00:00:00 +0700

Changes in lifestyles and increased consumption of unhealthy foods have fueled a global epidemic in obesity which in turn is triggering the development and spread of chronic illnesses. As such, government health policy makers must factor obesity and weight related diseases into an ever expanding array of public health challenges. This essay concerns how legal equities are achieved by governments faced with the need to prioritize resources in addressing obesity matters. The article centers on the application of a basic, elemental health right in reference to weight related illnesses at the micro level, and recommends a corollary obligation by government at the macro level. The primary argument presented is that individual health rights are enhanced by developing basic standards both in guiding, and measuring the performance of public authorities in allocating resources in the obesity arena, as well as in other public health priority making contexts.

Public Sphere for Brain Death and Transplantation in Japan

Asako Kokubo M.D — Mon, 06 Jan 2020 00:00:00 +0700

Brain death and organ transplantation” law was ratifed in Japan in 1997 after a long debate on “brain death”. On the one hand, it is difcult to make a political decision concerning the medical scientifc issues such as “brain death” and “private issues” such as transplants. On the other hand, it is said that the “public sphere”
in the context of Habermas would work to accumulate debates about even scientifc and private issues in the process of decision-making. I would like to show that there were three dimensions of public spheres for brain death and transplants in the Japanese transplant history. In 1968 the frst heart transplantation in Japan was performed. But this case was accused and since then heart surgeons became silent. Namely, even in medical journals heart surgeons had not talked about heart transplants. I would say surgeons left the “public sphere”. However, the public sphere for brain death (Dimension1) grew later, when criteria for diagnosing brain death were established in 1983 and it brought on a lot of debate, which involved the general public and experts in the relevant felds. Dimension2 was built by patients. Instead of heart surgeons, patients built the public sphere by going overseas for transplants since 1984. Transplant abroad had been featured in the mass media. Doctors tried to rescue patients by transferring them overseas to places like the U.S.A. for transplants, since patients had no chance to survive as long as they were in Japan. This dimension functioned transforming the logic of dichotomy that a doctor was an evil. Dimension3 is “accusations.” Kidney transplant surgeons had been accused of kidney transplants from brain-dead donors during 1984- 1992 and this also stimulated discussions. Even accusations had grew a public sphere. In conclusion, while heart surgeons had still been keeping silent, other actors had been building the public sphere in three dimensions which worked to ratify the brain death law.

LAWSUITS CONCERNING PROFESSIONAL RESPONSIBILITY AT THE CLINICAL HOSPITAL “SISTERS OF MERCY” ZAGREB, KROASIA

KREŠIMIR ROTIM — Mon, 06 Jan 2020 00:00:00 +0700

In the Republic of Croatia there are no officially published statistical data about the number, reasons, procedures and results of lawsuits concerning the professional responsibility of hospitals, doctors and other medical staﬀ. So far, in Croatia there are published data about the number of claims for damages or charges only for Clinical Hospital “Sisters of Mercy” in one research work made in 2007, but it was unpretentious research in comparison to this research work. When this work was done, The Clinical Hospital “Sisters of Mercy” was the fourth biggest hospital in Croatia, with approximately 900 beds and 2500 employees. After fnishing this work, three smaller hospitals were integrated to our Hospital, due to process of reforming Croatian health system, and now our Hospital is the second biggest hospital in Croatia, with about 4,200 employees and about 1450 hospital beds. The folowing data does not incude data concerning three hospitals that were integrated to our Hospital in July 2010. The hospital annually provides ambulatory and diagnostic treatment for about 650 000 outpatients and treats about 42 000 inpatients. There are about 3200 deliveries annually in the maternity unit, and the surgical teams annually perform about 25 000 surgeries.The doctors working at the hospital cover almost all existing specializations. Because of the above reasons, the Clinical Hospital “Sisters of Mercy” is a showcase example for the statistics about lawsuits and settlements concerning professional responsibilities of doctors and other medical staﬀ in Croatia. This paper is focusing
on the statistics of such legal procedures in the Clinical Hospital “Sisters of Mercy” from January 1 1967 until
present day. According to the processed data there was an increase in the number of claims for damages in the mid-1990΄s. The curve has constantly been rising with oscillations. Based on the obtained data, it is possible to conclude the approximate number of the above mentioned legal procedures in Croatia, and to observe other tendencies in that area.

THE LEGAL RIGHTS IN INFORMED CONSENT FORM FOR TREATMENT

CAI Yinghong — Mon, 06 Jan 2020 00:00:00 +0700

This dissertation focused on the legal rights in the informed consent form for treatment and its application
in China. The purpose was to fnd out the way to modify the contents of the informed consent form for treatment in China according to the current written laws. Informed consent for treatment has become a legal requirement in China more recently than in the West, in 1994 when the Regulation of Administering Medical Institution went into eﬀect. China has a long history in using written law instead of common law or case law as the base of the legal system. But to date, no statutory laws or regulations can provide detailed answers to the question of what should be included in the consent form for treatment. Conﬂicts between patients and
doctors occur inevitably from time to time. In this study, 80 samples of the consent forms were collected from five hospitals in Guangzhou, the capital of Guangdong Province in South China. After analyzing the items of the 80 informed consent forms according to the statutes, we found that there were many problems in the consent forms, such as the absence of record of age, mental status, and time. The practice of informed consent needs more attention by scholars and administrative ofcials. The usage status of the consent form in the whole country needs to be investigated in further studies.

THE REGULATION AND APPLICATION OF TRADITIONAL AFRICAN MEDICINE IN SOUTH AFRICA

PA CARSTENS — Mon, 06 Jan 2020 00:00:00 +0700

Tis presentation will explore the regulation and application of traditional African medicine in South Africa. Te nature, scope, legitimacy and recognition of traditional African medicine together with the role of the
traditional health practitioner or healer in South Africa will be contrasted to so called western medicine and the role of medical practitioners generally accepted and recognized in South Africa and the Health Professions Council of South Africa. Te content of and access to traditional African medicine in South Africa will also be explored. Of particular signifcance to access to health care and the science of health care in South Africa are constitutional, professional and ethical considerations and these will be explored and canvassed with reference to the recent controversial Traditional Practitioners Act and constitutional challenges to this Act by a group consisting of mainly western-trained doctors called Doctors for Life. It will be argued that the recognition and legitimizing of traditional African medicine and traditional health practitioners will pose signifcant challenges to the application and regulation of health law/medical law in South Africa.

Litigating Historic Mental Health Claims

Anthea Williams Crown — Mon, 06 Jan 2020 00:00:00 +0700

This paper considers the use of procedural protections such as statutes of limitation and statutory immunities in the litigation of historic mental health claims in New Zealand. Following comparison with similar litigation in Australia and Canada, it is argued that defendants should utilise available limitation defences in historic mental
health litigation and the Courts should be more willing to engage with limitation arguments at an interlocutory
stage rather than waiting until the substantive hearing.