Topics
Ethics
Regulation and the prevention agenda
In the face of crippling rates of chronic disease linked to unhealthy lifestyles, our governments may need to intervene more to ensure food and alcohol industry self-regulation maintains credibility
Roger S Magnusson BA/LLB(Hons), PhD, GradDipManagDevelop · Belinda H Reeve BA(Hons), LLB
Access to the Commonwealth electoral roll for medical research
In the context of a recent reduction in the number of approvals granted by the Australian Electoral Commission for access to the electoral roll to conduct public health research, these authors provide advice for maintaining the roll’s integrity and preserving privacy, while also using it to support medical research
Bebe Loff LLB, MA, PhD · Elissa A Campbell BA LLB(Hons), MPH(PP) · Deborah C Glass MA, MSc, PhD · Helen L Kelsall MB BS, MPH, PhD · Claudia Slegers BA, GradDip(Soc), PhD · Deborah R Zion BA(Hons), MA, PhD · Ngaire J Brown BMed, MPHTM, FRACGP · Lin Fritschi MB BS, PhD
Interpreting the Coroners Act at the bedside: how do junior doctors know they are doing it correctly?
To the Editor: Interpreting coronial legislation can prove challenging for junior doctors at the bedside, with significant local variation in interpretation.1 The Victorian Coroners Act (Coroners Act 2008 [Vic]) has recently undergone changes that have coincided with a decline in numbers of reported cases,2 with the Coroners Court raising the question of whether there was “unintentional under-reporting of reportable deaths”.2 What constitutes a reportable death ...
Alison J Dwyer · Philip Visser · Lynette Russell
Involuntary treatment of drug and alcohol dependence in New South Wales: an old Act and a new direction
Will replacing the outdated Inebriates Act 1912 with the new Drug and Alcohol Treatment Act 2007 enable better management of people with severe substance dependence?
Glenys M Dore MB ChB, FRANZCP, FAChAM · Robert G Batey FRACP, FRCP(UK), FAChAM · Darren J Smyth BA(Nursing), BA(Anthropology), GradDipHlthEd
Clinical software on personal mobile devices needs regulation
To the Editor: Fernando makes a valid statement on the need for regulation of clinical software on personal mobile devices (PMDs).1 Her timely comment regarding acting now before the “courts decide” is fair, given that many doctors, including a high percentage of specialist trainees, are now using PMDs.2 However, it is important for doctors to remember that the security risks highlighted by Fernando are not ...
Sulakshan Rasiah · Jonathan K Kam
Clinical software on personal mobile devices needs regulation
In reply: I appreciate the interest in my article.1 More comprehensive research work is currently underway to evaluate the application of personal mobile devices (PMDs) in the context of security risks posed by their intrinsic functions. The importance of such research findings is borne out by emerging discussions.1-4 Many platforms already offer security or locking software applications to avoid information breaches on PMDs, and nascent moves ...
Juanita I Fernando
Challenges to a more open discussion of suicide
Media reporting about suicide may lead to increased suicidal behaviour in at-risk people, or it may operate positively and reduce the risk of suicide. But media representations of suicide are distinct from community discussions. It is time to have a much richer, more honest and more open public discussion about suicide.
Scott J Fitzpatrick BA(Hons) · Ian H Kerridge BA, MPhil, BMed
Apology laws and open disclosure
Guiding principles in the Australian Open Disclosure Framework consultation draft highlight the important roles that health service organisations can play in closing the “disclosure gap” between expected practice regarding disclosure of medical errors and what is actually being done.
Stuart R McLennan MBHL · Robert D Truog MD
Direct-to-consumer genetic testing — clinical considerations
What doctors should know about do-it-yourself mail-order genetic tests
Ronald J Trent FRACP, FRCPA, FTSE
Open disclosure: ethical, professional and legal obligations, and the way forward for regulation
Open disclosure (OD) after adverse health care events is the subject of a national standard that has been implemented in state health policy documents, and is included in the Medical Board of Australia’s code of conduct for doctors. Nevertheless, doctors have been slow to embrace the practice of OD. There is a strong ethical case for implementing OD in the primary interests of ...
Angus J F Finlay · Cameron L Stewart BEc, LLB(Hons), PhD · Malcolm Parker MB BS, MLitt, MD
Direct-to-consumer genetic testing — a regulatory nightmare?
Will Australia’s current regulatory framework protect consumers?
Dianne Nicol PhD(Biology), LLM · Meredith Hagger LLB(Hons)
The case for CBT over antidepressants
THIS BOOK is by a doctor with an abiding interest in the philosophy of medicine. Paul Biegler is an Australian Research Council Postdoctoral Fellow at the Centre for Human Bioethics, Monash University, and a recipient of the 2011 Australian Museum Eureka Prize for Research in Ethics.The book describes the therapeutic use of antidepressant medication (ADM) versus cognitive behaviour therapy (CBT), and concludes that it is unethical ...
Kay A Wilhelm
Only the best: medical student selection in Australia
To the Editor: I share Mahar’s concern regarding any future screening of prospective medical students for signs that they are likely to develop mental or physical impairment.1 Although Wilson and colleagues do acknowledge that screening may not be ethical, the separate issue of their seeming conflation of likelihood of illness with impaired ability to practise in the long term is problematic.2 Mental illness, and particularly ...
Dev A Kevat
Risks of complaints and adverse disciplinary findings against international medical graduates in Victoria and Western Australia
CorrectionIncorrect author name: In a letter responding to “Risks of complaints and adverse disciplinary findings against international medical graduates in Victoria and Western Australia” in the Matters Arising section of the 18 March 2013 issue of the Journal (Med J Aust 2013; 198: 256), an error occurred in the second author’s name. The name should have been Tuan V Nguyen. ...
Nguyen D Nguyen · Tuan V Nguyen
Risks of complaints and adverse disciplinary findings against international medical graduates in Victoria and Western Australia
To the Editor: In a recent article,1 Elkin and colleagues concluded that, compared with Australian-trained doctors (ATDs), international medical graduates (IMGs) posed a greater risk of attracting complaints to medical boards. However, we think the conclusion is not supported by the data, and might have been compromised by the analytical methods used. Box of the research article1 shows that IMGs accounted for 37% of the total ...
Nguyen D Nguyen · Tran V Nguyen
Risks of complaints and adverse disciplinary findings against international medical graduates in Victoria and Western Australia
To the Editor: While using medical board data for research purposes is very welcome, I have some reservations about ethical aspects of the study by Elkin and colleagues.1 Prospective ethics review of human research is intended to protect participants from foreseeable and avoidable harm. I suggest that, in this instance, avoidable harm has resulted, through generalised adverse and possibly unfair publicity about particular groups of ...
Kerry J Breen
In search of a good ending
If “a good death” is in some way a measure of good health care, how can we help our patients achieve it?
Ann Gregory · Ruth Armstrong
Advance care planning: lessons from a study of Tasmanian enduring guardianship forms
Tasmania is the only Australian jurisdiction to operate a state-funded registry and to require registration of completed enduring guardianship forms, but uptake is low.
Michael A Ashby MD, FRACP, FAChPM · Robert N Thornton BEd, MHPEd, PhD · Robyn L Thomas MB BS, FRACGP, FAChPM
Doctors in support of law reform for voluntary euthanasia
People who are suffering and who will continue to suffer should have the right to request assistance to die gently and, if possible, at a time they choose, say the Doctors for Voluntary Euthanasia Choice.
on behalf of Doctors for Voluntary Euthanasia Choice
Ethics in medicine: is it a futile exercise?
Introducing the MJA Ethics series, the series editor outlines some of the ethical challenges for medicine and society in the 21st century. The long-unresolved ethical conflicts surrounding the issue of providing “futile” care are discussed from clinical, ethical and legal perspectives, in this, the first instalment of the series.
Dominic J C Wilkinson MB BS, DPhil, FRACP
What is futile and who decides? The clinician’s dilemma
Deciding when to stop treatment can be a challenging task for health professionalsWith advances of modern medicine come increased expectations from society, and dilemmas regarding when to stop treatment are becoming increasingly common. The Medical Board of Australia code of conduct explicitly states “you do not have a duty to try to prolong life at all cost. However, you do have a duty to know ...
Bogda Koczwara BM BS, MBioethics, FRACP
Futile treatment: the ethicist’s perspective
We need to pay attention to the reasons why treatment is judged to be futileWhen doctors are confronted with making treatment decisions in the context of a terminally ill patient, the way forward is often difficult and confused. Bringing an ethics perspective to bear on the problem can help to resolve what the essential issues are, in turn enabling a clearer path to appropriate decisions ...
Dominic J C Wilkinson MB BS, DPhil, FRACP
Legal perspectives on consent in disputes about futile care
Futility disputes highlight some important legal principles concerning the right to refuse treatment, advance directives and the role of substitute decisionmakersThe need for legal resolution of futility disputes is a rare occurrence in Australia and the jurisprudence is still emerging.1 The legal approach to futility disputes differs in each state jurisdiction, and a full analysis of the Australian law is beyond the scope of this ...
Cameron L Stewart BEc, LLB(Hons), PhD
German doctors apologise for the crimes perpetrated by Nazi doctors
The recent apology from the German Medical Association is commendable, but it fails to mention many of the victims of Nazi medicine.
George M Weisz MD, FRACS, MA
Improving the uptake of screening for diabetic retinopathy
The challenge is delivering accessible screening services, followed by optimal management, to the community.
Jonathon Q Ng MB BS, BA, PhD · Nigel Morlet MB BS, FRANZCO, FRACS