Details are sketchy. But it looks like people would still need to go through the legal system to get compensation. There are better ways.
It’s not just women who are the losers following the latest TGA announcement. People with all types of medical devices need better regulatory protection.
from www.shutterstock.com
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.
Recent improvements in medical management of HIV infection are not well understood in the legal sector.
www.shutterstock.com
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.
Most people overestimate the benefits and underestimate the harms of medical intervention.
Barbara M./Flickr
“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…
The vulnerability of mentally disordered people warrants a range of strong protections to prevent wrongful convictions.
Emmanuel Huybrechts/Flickr
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…
People with life-threatening or incurable diseases may be willing to try experimental drugs and unproven treatments.
juicyrai/Flickr
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 legal landscape around rights and responsibilities for home births is growing increasingly complex.
Flickr: Thomas
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…
Our legal system already has provisions in place capable of responding to criminal conduct by health-care workers.
Image from shutterstock.com
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…
Marlise’s husband and parents say her body is being used as an incubator.
Image from shutterstock.com
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…
Dr Jayant Patel (centre), walks with his wife Kishoree (right) and defence barrister Michael Byrne (left) to the Brisbane Supreme Court on Friday.
Dave Hunt/AAP
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…
Vioxx was withdrawn from the Australian market in October 2004 and there’s an ongoing compensation case.
DaGoaty/Flickr
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…
There aren’t any miracle cures but there are a number of treatments that can reduce its severity.
Flickr/Algo
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…
Teens have a right to confidential and private health care.
Ed Yourdon
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…
A test case is slated to challenge Myriad’s claim for breast cancer genetic mutations next February.
TheAlieness GiselaGiardino²³/Flickr
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…
Reimbursing for costs is standard in research but large payments present problems.
Flickr/PACOM
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…
Transparency in the relationship between doctors and patients will lead to fairer outcomes for victims of medical mishaps.
AAP
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…
Specialists can go on a genetic fishing expedition tracking down potential relatives.
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…
Screen shot at PM.
Malcolm Vickers/Australian Skeptics (Victorian Branch)
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…
Stem cells have successfully been transplanted to restore sight.
BWJones
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