Alternative Law Journal

Abstracts, December 1998

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Volume 23 No 6, December 1998

Theme:

Law and Health

Articles:

Briefs

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Health on line

by Meredith Carter

A Commonwealth House of Representatives Inquiry investigated the potential impact of Information Technology on the health care system particularly in the areas of unique patient identifiers, smart cards and a national database for clinical records. This article looks at the recommendations made by the Committee and the effect they may have on health consumers, especially in the area of privacy.

Can you keep a secret?

by Amanda Cornwall

Advances in Information Technology have increasingly enabled personal health information to be shared. This situation raises questions about consumers' privacy and how access to this information will be controlled. This article looks at recent attempts to establish a fair regulatory infrastructure to deal with these concerns through both government legislation and voluntary codes.

Women's participation in clinical trials: does Australia need to catch up with American policy initiatives?

by Merle Spriggs

Excluding women from participation in clinical drug trials might seem like a good way to protect women from the risks of being a research subject and to prevent foetal harm. This article argues that their exclusion or inadequate representation in clinical trails actually causes harm and does not rule out the possibility of damage to offspring nor guarantee researchers or institutions freedom from legal liability.

'Dangerousness' and public health: civil detention of individuals with infectious diseases

by Bernadette McSherry

There have been occasions throughout history when individuals have experienced detention on the grounds that their liberty was considered to be 'dangerous' to the general population. This article explores the issues surrounding one possible reason for involuntary detention, that of preventing the spread of infectious diseases such as HIV/AIDS which are judged to constitute a danger to public health.

'No win-No fee': the management of medical negligence litigation on a conditional fee basis-the Victorian experience

by Irene Lawson

The introduction of conditional fees for medical negligence litigation in Victoria has raised concerns about the possible implications of 'No win - No fee' agreements. These agreements result in legal firms not charging clients for their services unless the case is won. This article illustrates how one law firm developed its own Code of Conduct in response to the concerns raised about 'No-Win-No-fee' agreements.

How efficient? How effective?: the coroner's role in medical treatment related deaths

by David Ranson

The Coroner has extensive powers to investigate any death fulfilling the definition of 'reportable'. Some deaths that result from medical treatment can fall under this definition. This article discusses some of the difficulties that arise from the Victorian Coroner's investigation of deaths that result from adverse events in hospital or during medical treatment.

Reproductive technology: the dead man's sperm case

by Anne Winckel

This year, a Canberra woman obtained permission from the Victorian Supreme Court to collect sperm from her deceased husband's body for the purpose of conceiving a child through IVF procedures. This article explores the legal and ethical issues raised by such cases both here in Australia and overseas.

Prison health services: Metropolitan Women's Correctional Centre-a case study

by Adrian Howe

The contracting out of prison services to private operators has drawn much public debate. This article concentrates on the Metropolitan Women's Correctional Centre in Victoria, looking at its record of delivering health services to prisoners and how close investigation of its contractual agreements to deliver these services are hindered by the 'commercial confidentiality' clause in its contract with the State Government.

Supported residential services: reviewing the adequacy of medical services

by Jane Fyfield and David Reece

Supported Residential Services (SRSs) provide accommodation and special or personal care and are financed solely by the fees their residents pay. Residents are usually older, frail people and younger adults with psychiatric impairment or intellectually disability. This article describes a review into the medical services provided to the residents of SRS, commissioned by the Department of Human Services (Victoria).

Professionals: Sexual abuse by lawyers

by Bill Glaser

Lawyer-client sexual relationships receive less attention and have been far less regulated than sexual relationships involving health practitioners and their clients even though lawyer-client sexual activity may be just as damaging. This article argues for a model which emphasises universal, gender-based, differentials in power and knowledge between abused female clients and abusive male professionals, whatever their disciplinary background.

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Last updated: 01 April 1999
URL: http://www.austlii.edu.au/au/other/altlj/
Comments or suggestions on the pages to Liz.Boulton@law.monash.edu.au
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