论法律视野中医患关系的性质

医患关系法律性质的准确界定是医患纠纷妥善解决的基本前提。目前,我国关于医患关系法律性质的四种主流观点往往把医患关系归属于某种法律关系,这样的做法都显得会以偏概全或牵强附会。医患关系的基本法律属性是民事法律关系,但具有区别于一般法律关系的特征,是特殊的民事法律关系,在医患纠纷阶段,是民事侵权关系。     

Can a Video Curriculum on the Social Determinants of Health Affect Residents' Practice and Families' Perceptions of Care?

IntroductionScreening and management of the social determinants of health (SDH) are critical for child health promotion. We sought to evaluate the impact of a facilitated video curriculum on resident SDH screening competence, parental perceptions of resident practice, resident-initiated referrals to a medical–legal partnership (MLP), and formula distribution to food-insecure families.MethodsThis was a pre–post study with concurrent control performed at a large pediatric residency program. Second- and third-year residents were assigned to control and intervention groups on the basis of their continuity clinic day. The curriculum included videotaped vignettes of screening for SDH and a “day in the life” series of families describing the impact of intervention on their lives. Residents completed self-assessments on screening competence and resource knowledge. After a well-child encounter, families (3 per resident) assessed their level of trust and respect for the resident and the number of SDHs screened for. MLP referral rates and formula distribution were compared.ResultsThe intervention group's self-assessed competence in screening for housing, benefits, and educational concerns was significantly higher compared to controls (each P ≤ .05). Parents' rating of trust and respect was high and did not differ between groups. Screening for each SDH was higher in the intervention group with domestic violence (odds ratio 2.16, 95% confidence interval 1.01–4.63) and depression (odds ratio 2.63, 95% confidence interval 1.15–5.99), reaching statistical significance. MLP referral rates increased (P = .06), and formula distribution (P = .02) reached statistical significance in the intervention group.ConclusionsThis SDH video curriculum improved resident self-assessed screening competence, parental perception of screening, and both MLP referrals and formula distribution.     

Drugs on the Internet,Part V: Absinthe,Return of the Emerald Mask

Absinthe, a famous liquor of the 19th century, has become immensely popular with its return to legality and mass marketing and drug culture enhancement of its purported unique effects. The electronic world of the Internet has greatly expedited the extent and depth of societal knowledge about the allure of the green fairy, absinthe. An extensive number of websites exists, representing 22 categories of topics about or using the word absinthe. Recent research has dispelled many myths about absinthe and its effects, yet beliefs about its magical powers persist, thus maintaining its reputation as an extraordinary experience within a bohemian lifestyle.     

A Case Concerning Children's False Memories of Abuse: Recommendations Regarding Expert Witness Work

Expert witnesses can play a major role in legal cases concerning the reliability of statements. Abuse cases frequently contain only the memories of eyewitnesses/victims without the presence of physical evidence. Here, it is of the utmost importance that expert witnesses use scientific evidence for their expert opinion. In this case report, a case is described in which 20 children reported being sexually abused by the same teachers at their elementary school. The investigative steps that were taken by the police and school authorities are reviewed, including how they probably affected memory. In order to provide a sound expert opinion regarding the reliability of these statements, three recommendations are proposed. To reduce the effect of confirmation bias and increase objectivity, it is argued that expert witnesses’ reports should contain alternative scenarios, be checked by another expert, and focus on the origin and context of the first statement.     

Tipping the Scales: How Defendant Body Type May Result in Eyewitness Biases

Body type is often overlooked as a basis for discrimination and has rarely been examined in legal contexts. The present research examined the role of body type on eyewitness line-up misidentification. Participants watched a video of a violent crime or theft and were asked to select the defendant out of a suspect-absent line-up. The lineup included digitally altered photos displaying muscular, normal weight, and overweight defendants. Muscular defendants were most likely to be mistakenly selected out of the simultaneous line-up, and overweight defendants were least likely to be selected. These results indicate that body type may be a biasing factor in comparative eyewitness evaluations.     

妇产科隐私权侵权行为探讨

通过阐述隐私和隐私权的法律属性,分析妇产科医疗执业中常见的侵犯患者隐私权现象,如泄露个人一般信息,询问病史未注意场合,未经患者本人同意对其隐私部位进行教学观摩检查,化验单公开发放,门诊电子板显示就诊信息,婚前体检结果的处理等,并提出强化法制教育,提高管理意识,改善就医环境,加强制度建设,规范医疗行为等防范措施,以减少和杜绝侵权行为的发生。     

医药知识产权保护的法律体系

目的入世后我国的医药行业全方位与国际接轨。如何以有效、统一的方式实施WTO协定保护医药知识产权,促进医药行业的持续、健康发展是一项长期的而艰巨的任务。本文介绍了医药知识产权的研究范畴、与之相关的组织和我国医药知识产权保护的法律系统。     

药物设计缺陷的法律分析

目的:探讨产品责任中药物设计缺陷的界定、表现形式以及判断标准。方法:根据产品责任法理论、药学理论,运用实证分析、比较分析、价值分析方法。结果:含有关木通的龙胆泻肝丸,存在明显的设计缺陷。结论:药物设计缺陷是指药品在设计上有“不合理的危险”,一般表现在药品的生产工艺中;符合国家药品标准,不能作为药品生产者免除产品责任的抗辩事由。判断药品的设计缺陷,处方药可以采用“净收益判断”标准,非处方药实行“可供选择的更为安全的设计方案”标准。     

我国电磁辐射污染防治的法律对策

20世纪80年代以来,在美国和欧洲,由于流行病学的大量研究结果表明电磁辐射与某些疾病之间可能存在联系,公众对于电磁辐射可能造成的健康危险高度关注,以暴露在电磁辐射污染环境中受到了人身伤害和不良健康影响为由,针对企业和雇主的诉讼不断增加。在我国,随着城市人口、建筑密度不断加大,电磁辐射成为一种新的城市污染源。而农村居民家     

从法律角度谈医患关系的和谐构建

本文首先从医患关系的法律概念入手，分析了医患关系的现状；从医方未尽告知义务、患者知情同意权未受到尊重，医方知情权与患方隐私权之间的冲突、适用医疗纠纷的相关法律法规不健全几方面论述了影响医患关系法律方面的主要原因；指出了构建和谐医患关系的主要法律途径：建立缓解医患关系的三种保险，健全完善处理医疗纠纷的法律法规，加强医患沟通，维护患方权利。