United Kingdom: HIV-positive asylum seeker denied judicial review of removal decision

The High Court of Justice had dismissed an application for a judicial review of a decision by immigration officials not to grant the applicant leave to remain in the UK on the basis of her HIV status. In December 2002, the Court of Appeal denied the applicant permission to appeal the High Court's decision, reasoning that an appeal under section 65 of the Immigration and Asylum Act, already initiated, would be more appropriate and advantageous.     

US: appeals court dismisses employment discrimination suit by HIV-positive dental hygienist

Shortly before the decision in Toyota Motor Manufacturing, the US Court of Appeals (11th Circuit) issued another restrictive judgment, in a case dealing specifically with HIV-based discrimination. On 21 December 2001, in Waddell v Valley Forge Dental Associates Inc, it dismissed the case of a dental hygienist who sued his employer for suspending him from treating patients after he tested HIV-positive. The decision is a setback for efforts to ensure that the Americans with Disabilities Act translates into actual protection against discrimination for people with HIV/AIDS.     

HIV-positive child made ward of court after father refuses treatment with antiretroviral drugs

In 1999, we reported a number of cases in Canada, the US, and the UK in which child-welfare authorities have disputed parents' decisions to refuse HIV testing or treatment for their children. This article reports on new developments in one of those cases. On 10 May 2002, the English High Court heard submissions regarding the future of a three- year-old HIV-positive girl who was made a ward of the court after her father refused to allow her to be treated with antiretroviral drugs.     

Post-mortem pregnancy: a proposed methodology for the resolution of conflicts over whether a brain dead pregnant woman should be maintained on life-sustaining treatment

In this article, the author examines conflicts over whether to maintain a brain dead pregnant woman on life-sustaining treatment. The author cautions that on the rare occasions when courts are confronted with such a conflict, they should employ a consistent methodology for resolution of the conflict and attempt to honor the wishes of the post-mortem mother and her family. The author draws on relevant areas of law to demonstrate the existence of a legal fiction that protects the interests of post-mortem pregnant women in refusing medical treatment. This article then proceeds to propose a methodology that enables courts to account for a post-mortem pregnant woman's interests, her family's interests, and the state's interests in resolving conflicts over whether to remove a post-mortem pregnant woman from life-sustaining treatment.     

Fatal bilateral pneumothoraces after electroacupuncture treatment: A case report and literature review

Acupuncture is practiced as a complementary medicine worldwide. Although it is considered a safe practice, pneumothorax is one of its most common serious complications. However, there have been few reports of deaths due to pneumothorax after acupuncture treatment, especially focused on electroacupuncture. We report an autopsy case of a man in his 60s who went into cardiopulmonary arrest and died immediately after receiving electroacupuncture. Postmortem computed tomography (PMCT) showed bilateral pneumothoraces, as well as the presence of numerous gold threads embedded subcutaneously. An autopsy revealed two ecchymoses in the right thoracic cavity and a pinhole injury on the lower lobe of the right lung, suggesting that the needles had penetrated the lung. There were marked emphysematous changes in the lung, suggesting that rupture of bullae might also have contributed to bilateral pneumothoraces and fatal outcome. The acupuncture needles may have been drawn deeper into the body than at the time of insertion due to electrical pulses and muscle contraction, indicating the need for careful determination of treatment indications and technical safety measures, such as fail-safe mechanisms. This is the first case report of fatal bilateral pneumothoraces after electroacupuncture reported in the English literature. This case sheds light on the safety of electroacupuncture and the need for special care when administering it to patients with pulmonary disease who may be at a higher risk of pneumothorax. This is also the first report of three-dimensional reconstructed PMCT images showing the whole-body distribution of embedded gold acupuncture threads, which is unusual.     

Refusing medical treatment after attempted suicide: rethinking capacity and coercive treatment in light of the Kerrie Wooltorton case

The inquest into the death of Kerrie Wooltorton in Norfolk, England, ignited extensive public debate on the scope of the common law right to refuse medical treatment where a patient is distressed, depressed or actively suicidal. In Australia, a patient's wishes need not be honoured if the patient is not legally competent, if he or she falls within the ambit of the compulsory treatment provisions in the mental health legislation, and possibly also if there is a recognised public interest in preventing suicide which is sufficient to override the patient's choice. This article argues that decisions about whether to give medical treatment despite an apparent refusal should be based solely on a determination of the patient's competence to make their own choice. However, the test for legal competence must take into account the person's agency in making the decision, and decisions which will effectively end the person's life must be shown to be thought through.     

Personal,background and treatment characteristics associated with offending after residential treatment: A 13-year follow up in adolescent males

Abstract

We report on delinquency for 270 males after residential treatment in a juvenile justice institution in the Netherlands. We describe personality characteristics, relations with peers, school and family, as well as treatment characteristics. Next, we describe post-release offending based on reconviction data, and relate this to background characteristics, differentiating between serious and violent offending. In doing so, we distinguish between incidental offenders, chronic offenders and desisters.     

Threat mail and forensic science: DNA profiling from items of evidence after treatment with DFO

Two cases of threatening letters with their accompanying envelopes were received to the Division of Forensic Identification unit of the Israel Police. The envelopes, including the stamps, and the letters were initially examined for latent fingerprints by the DFO reagent, known to cause degradation of DNA. Although no latent fingerprints could be visualized on any of the items, the biology laboratory using organic DNA extraction, was successful in defining genetic profiles from all the items employing six STR loci, even after treatment with DFO. In a controlled experiment, a known donor attached a stamp, by licking, to an envelope. This item was treated with DFO and then profiled using STR loci. The results showed that previous DFO treatment on the control stamp before DNA analysis had no negative effects on obtaining the DNA profile of the known donor using STR loci.     

Fatal hypernatraemia after laparoscopic treatment of hydatid liver cyst: medical and legal concerns of a rare complication

A case of fatal hypernatraemia after laparoscopic treatment of hydatid livers cysts is presented in order to highlight the risks associated with the implementation of newer techniques and the use of hypertonic saline as a scolecocidal agent in hydatid disease. Additionally this case raises some concerns on the importance of obtaining a patient's informed consent.     

Continuing treatment for Hansen's disease patients after closure or transfer of PHS facilities: Public Health Service, Final rule

This final rule amends Part 32 of 42 CFR to provide for continuity of care at PHS expense for Hansen's disease patients being treated at PHS hospitals and clinics which will be closed ro transferred pursuant to section 987 of the Omnibus Budget.