The proposed Australian ban of some types of breast implants is too little, too late. It also reveals regulatory failures that need to be fixed if Australian consumers are to be protected.
HIV diagnosis is devastating for patients and their families. But the infection is no longer a death sentence, and should not be prosecuted as such say experts.
“It might do me some good and it won’t hurt to give it a go.” How often have you heard a phrase like this? Most people have naïve optimism about medical care. That’s the finding of a systematic review…
Confessions constitute strong evidence of wrongdoing, but not all of them are reliable. So what can the legal system do to ensure justice is done? A US judge is deciding on exactly this matter in a prominent…
Tina Cockburn, Queensland University of Technology and Bill Madden, Queensland University of Technology
People with life-threatening or incurable diseases may be willing to try experimental drugs and unproven treatments, but they face the risk of exploitation. Is the law the best avenue to ensure that they…
The ongoing and sometimes emotive debate about risks and rewards of giving birth in hospital or at home is nothing new. What is new is the attention being given to the legal rights and responsibilities…
Should Australian health-care workers face criminal penalties if they wilfully or recklessly neglect or mistreat patients? The United Kingdom is currently grappling with this question after systemic failures…
In November, 33-year-old Texas woman Marlise Munoz collapsed at her Fort Worth home after suffering a suspected blood clot in her lungs. She was later declared brain dead. When the hospital determined…
The High Court has handed down its decision on Jayant Patel’s appeal against his conviction on three counts of manslaughter and one count of grievous bodily harm. It unanimously upheld Patel’s appeal on…
The enormous medical impact of modern pharmaceuticals has on occasion been matched by some large-scale litigation regarding adverse events. The Vioxx litigation in Australia and elsewhere is one such recent…
Switch on daytime television on any given day and you’d be forgiven for thinking there was a cure for the debilitating and dreaded condition, osteoarthritis. Unfortunately, there’s not. And that’s not…
If your teenage daughter was sexually active and wanted to go on the pill, you’d want to know, right? Well, think back to when you were her age – would you have told your parents? These questions were…
The US Court of Appeals for the Federal Circuit has found Myriad Genetics is entitled to patents on two sets human genetic mutations used to predict if women have an increased risk of breast and ovarian…
The Commonwealth Government is considering a proposal from Kidney Health Australia to reimburse living kidney donors for reasonable expenses incurred during the donation process, such as loss of income…
An expansion of the fiduciary duties of doctors towards patients could provide better protection to those suffering from medical mishaps. Such an expansion would require doctors to promptly disclose adverse…
Doctors are supposed to keep patient information confidential unless told otherwise, right? Well, not any longer. If you’re diagnosed with a genetic disorder, medical specialists are now allowed to contact…
The SensaSlim company’s recent defamation suit against Dr Ken Harvey of La Trobe University highlights some of the regulatory problems facing complementary products in Australia. Dr Harvey initiated a…
On March 18, 2011, I submitted my first complaint about the promotion of SensaSlim to appropriate authorities – the Complaint Resolution Panel (CRP) which hears complaints about alleged breaches of the…
In 2002, the Australian federal Parliament passed two Acts to regulate human embryo and stem cell research. The Prohibition of Human Cloning Act banned practices that people seemed to be most worried about…
Professor of Bioethics & Medicine, Sydney Health Ethics, Haematologist/BMT Physician, Royal North Shore Hospital and Director, Praxis Australia, University of Sydney