Medical interpreting and the law in the European Union

In 2011, the Danish government announced that from June that year it would no longer cover the costs of medical interpreters for patients who had been living in Denmark for more than seven years. The Dutch Ministry of Health followed with an even more draconian approach; from 1 January 2012, the cost of translation and interpreting would no longer be covered by the state. These two announcements led to widespread concern about whether or not there is a legal foundation for interpreter provision in healthcare. This article considers United Nations treaties, conventions from the Council of Europe and European Union law. European Union member states have been slow to sign up to international agreements to protect the rights of migrant workers. The European Union itself has only recently moved into the area of discrimination and it is unclear if the Race Directive covers language. As a result, access to interpreters in healthcare, where it exists, is dependent on national anti-discrimination legislation or on positive action taken at national or local level rather than on European or international law.     

医师专家责任的新视点--兼从医学的角度出发

医疗纠纷是我国近年来的一个社会热点问题，突出表现为医患关系日趋紧张。确定医师的专家责任是解决医疗纠纷的关键，但这是个非常复杂的问题，不仅涉法律知识，而且涉及相关的医学知识。兼从医学角度出发来分析医师的专家责任．可寻求更准确地认定医师的专家责任，使患者的合法权益保护与医学技术发展得以平衡。     

医师专家责任的新视点--兼从医学的角度出发

医疗纠纷是我国近年来的一个社会热点问题,突出表现为医患关系日趋紧张。确定医师的专家责任是解决医疗纠纷的关键,但这是个非常复杂的问题,不仅涉法律知识,而且涉及相关的医学知识。兼从医学角度出发来分析医师的专家责任,可寻求更准确地认定医师的专家责任,使患者的合法权益保护与医学技术发展得以平衡。     

The contribution of EU public procurement law to corporate social responsibility

This article argues that while EU public procurement law increasingly allows public authorities to take environmental and social considerations into account in public purchasing decisions, it does impose limits on the possibility for authorities to incentivise corporate social responsibility (CSR) policies through public procurement. These specific limits are the result of the EU legislator's choice to endorse the Court of Justice's ordoliberal approach to public procurement law. This approach is in tension with EU CSR policy, and more broadly, the EU's non‐economic goals such as environmental protection, the fight against climate change, human rights and social policy. It reflects a normative preference for the right of undertakings to compete for a tender over the freedom of government authorities to choose a supplier on public interest grounds even if these choices are based exclusively on a legitimate public interest and should be reconsidered.     

Medical responsibility in the operating room: the example of an amniotic fluid embolism

Amniotic fluid embolism (AFE) continues to be one of the most feared complications of pregnancy. A healthy 32-year-old woman died during delivery after a normal 39-week third pregnancy. The family filed a complaint with a criminal court as the causes of death appeared unclear. No risk factor associated with AFE was identified. Clinical presentation was typical, including sudden onset of cardiovascular and respiratory symptoms. Autopsy confirmed the histological diagnosis of amniotic embolism and excluded an iatrogenic cause of death or anesthetic malpractice. This article highlights the value of both antemortem records and histological features in establishing the diagnosis of AFE and demonstrates the fundamental importance of autopsy in an unexpected death related directly or indirectly to a medical procedure.     

从刑法理论看医疗行为的正当性根据

医疗行为从表面看似乎给人体造成一定伤害 ,但其主观目的在于治病救人 ,客观上有利于患者和社会 ,因此具有正当性。但医疗行为的正当性具有严格的条件限制。本文根据允许的危险、受害人承诺、义务冲突等刑法理论 ,对医疗行为的正当性根据作了进一步探讨。     

从刑法理论看医疗行为的正当性根据

医疗行为从表面看似乎给人体造成一定伤害,但其主观目的在于治病救人, 客观上有利于患者和社会,因此具有正当性.但医疗行为的正当性具有严格的条件限制.本文根据允许的危险、受害人承诺、义务冲突等刑法理论,对医疗行为的正当性根据作了进一步探讨.