Knowledge Translation at the Macro Level: Legal and Ethical Considerations

Macro-level legal and ethical issues play a significant role in the successful translation of knowledge into practice. The medicolegal milieu, in particular, can promote clinical inertia and stifle innovation. Embracing new clinical practice guidelines and best practice models has not protected physicians from superfluous torts; in some cases, emerging evidence has been used as the dagger of trial lawyers rather than the scalpel of physicians. Beyond the legal challenges are overarching justice issues that frame the broad goals of knowledge translation (KT) and technology diffusion. Optimal implementation of the latest evidence requires attention to be paid to the context of the candidate community and the key opinion leaders therein, characterized by the "8Ps" (public, patients, press, physicians, policy makers, private sector, payers, and public health). Ethical and equitable KT also accounts for the global burdens and benefits of implementing innovation such that disparities and gaps in health experienced by the least advantaged are prioritized. Researchers and thought leaders must attend to questions of fairness, economics, and legal risk when investigating ways to promote equity-oriented KT.     

论"医源性疾病"的法律责任

在医学界实施举证责任倒置及新的《医疗事故处理条例》后，应进一步明晰医源性疾病的法律责任问题，因为医源性疾病的定义本身就包容着承担民事法律责任的要件，鉴于医源性疾病的广袤性和它与法律关系的紧密性，对该病的研究应从缩小医源性疾病的界定范畴入手，把医与法结合起来，在加强我国卫生法制建设的同时，促进医学的进步。     

Harmonizing the right to sexual expression and the right to protection from harm for persons with mental disability

Issues of sexuality have increasingly become matters of public debate, laws, civil rights, and a reason for enhanced protection of individuals from harm and abuse caused by inappropriate sexuality activities. Beginning with the relatively recent landmark decisions of the Supreme Court in the late 1960s, sexuality became a matter of constitutional law. These decisions declared that an individual had a civil right in regard to family matters, especially procreation, birth control, and abortion. At approximately the same time, the United States Supreme Court declared special constitutional rights to protection from harm for individuals with mental disabilities who are being cared for under the powers of the state governments. Additionally, the Supreme Court and many other courts in the United States addressed problems of a person's competency and capacity to consent to various important activities, among which was the issue of consent to sexual activity. Since the issue of consent to sexual activity often differentiates appropriate and perhaps even legally protected sex from inappropriate and perhaps criminal sexual activity, the issue of consent is paramount to understanding how the law categorizes sexual activities and deals with such behaviors. This article distills and integrates the seemingly disparate legal principles by suggesting a method to apply them consistently to persons with mental disabilities. The law has been providing clearer guidelines to such activities, but they are still very general. The law and judges heavily rely upon the standards which have been developed by the relevant professions and practices in this field, which points out the need for professionals to study such standards carefully and to adopt policies which are consistent with them.     

我国公民法律意识全球性的时代特征

在法律文化重构过程中，全球化与本土化的发展并非二元对立的两难命题，而是相辅相成的；在全球化的大语境里，普遍性与特殊性可以相互吸纳、转化、提升并同步演进。我国公民的法律意识表现出愈来愈多的全球性，井且生动有力地展示出诸多时代特征：法律认知的理性化增强．法律体验的亲和力与公信度提升，法律信仰的崇高性与权威性扩大等。在新世纪里我们应随着社会的变迁、法律文化的变迁而加大法律意识的变革力度，提高全民族现代法律意识养成的水平，真正把法治工作落到实处。     

医疗纠纷中患者权利的法律救济

分析了医疗纠纷频发的根源和医患法律关系的性质，指出患者的基本医疗权利，并探讨患者权利的法律救济途径。     

Would I Attend Child and Adolescent Mental Health Services (CAMHS)? Fourteen to Sixteen Year Olds Decide

Background:  Research indicates minors over 14-years have capacity, yet, in England and Wales, only over-16s are legally presumed able to consent. This study compared 14/15- and 16-year-olds' decision-making about attending CAMHS.
Method:  Questionnaire-based study of 1129 14–16-year-olds.
Results:  Fewer 16-year-olds think parents contribute to decision-making. There were no significant differences between 14/15- and 16-year-olds in relation to thinking they have the final say, voluntariness or information preferences. Four-fifths wanted a range of information and thought it should be provided to all young people, not just those referred.
Conclusions:  14/15-year-olds are as likely as 16-year-olds to be able to consent to attending CAMHS.     

医务人员法律意识形成机制的探索

针对当前医务人员法律意识薄弱的现状,从医务人员个体、医院内部管理、卫生行政部门、立法机构等方面阐述了医务人员法律意识形成的机制,从而维护了患者合法权益,规范了医务人员执业行为,有效防范了医疗风险,促进医疗事业健康协调发展.     

Informed Consent for the Prosthodontic Patient With Temporomandibular Disorders

The prosthodontic treatment of patients with a history of temporomandibular disorders presents unique risk-management problems because of the varied nature, uncertain prognosis, and frequent recurrence of these disorders. Patients with temporomandibular disorders frequently require managed treatment over extended periods of time and may complicate the delivery and outcome of prosthodontic treatment. Informed consent is needed to protect both the patient and the prosthodontist because it facilitates proper communication, goal setting, and cooperation. The purpose of this article is to discuss the essential elements of informed consent and to present an informed consent program useful in the prosthodontic treatment of patients with temporomandibular disorders.     

护士执业中相关法律问题的现状分析及对策

对当前护士法律知识的掌握情况进行了归纳,并分析实际工作中护理行为和护理文书记录存在的缺陷,提出应对措施:重视法制教育、提高护士专业知识和素质,尊重患者的权利,完善护理记录,做好护理文书的管理,加强护患沟通,以规避护理工作中的法律风险。