Law & Medical Ethics News

This file includes links to papers published by Eubios Ethics Institute, and some other organizations, in the first section. Next it includes topical extracts from EJAIB and EEIN between January 1994 - 2006 (older news items are in separate files). Last date of updating is referenced in the main News page. Latest news and papers is at the bottom of each of the two sections.

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Related Papers from Eubios Ethics Institute Publications

Macer, Darryl (1994) "Universal bioethics and the human germ-line", Politics & Life Sciences 14, 27-29.
Macer, D. Editorial: UNESCO Bioethics Committee and Bioethical issues of Genetics EEIN 3 (1993), 71.
Byk, C.Juridical Policies and Bioethics: The three pillars of biomedical legislative wisdom EJAIB 5 (1995), 59.
Morioka, M. Commentary EJAIB 5 (1995), 61.
Segota, I. Physicians and Ethics in Croatia. Analysis of the new ethical codex of the Croatian Medical Association EJAIB 5 (1995), 62.
Preliminary Draft of ... A Universal Declaration On The Human Genome And Human Rights (UNESCO), EJAIB 7 (1997), 33-4.
Statement On The Principled Conduct Of Genetics Research (HUGO Code of Ethics), EJAIB 6 (1996), 59-60.
Some Remarks On The Convention For The Protection Of Human Rights And Dignity Of The Human Being With Regard To The Application Of Biology And Medicine - Ergun Özsunay EJAIB 8 (1998), 179-81.
Global Summit of National Bioethics Commissions: Tokyo Communique EJAIB 9 (1999), 3-4.
Ethical or Not: A Case of Personal and Agency Guidelines- Robert E. Landsman EJAIB 11 (July 2001), 99-101.

Cancer Disclosure from Recent Medical Malpractice Cases in Japan-Sumiko Takanami EJAIB 12 (Jan. 2002), 19-21.

The Convention for the Protection of Human Rights and Dignity of the Human Being With Regard to the Application of Biology and Medicine - Ismini Kriari - Catranis EJAIB 12 (May 2002), 90-4.

Xiong Lei, Human Right Issues in Life SciencesEJAIB 15 (March 2005), 52-55
Ole Doering, Bringing Bioethics back to earth: Comment on Xiong
Lei's Article EJAIB 15 (March 2005), 55
V. Balambal, Women’s Issues EJAIB 16 (March 2006), 33-39.
Gokce, A.N., Basagaoglu, I., Üvey, D., From Human Rights to Patient Rights EJAIB 16 (March 2006), 55-9.

UNESCO IBC, Preliminary Draft Declaration on Universal Norms on
Bioethics EJAIB 15 (March 2005), 58-63
Universal Declaration on Bioethics and Human Rights (final) EJAIB 15 (Nov. 2005), 170-178.
Informal Listing Of Selected International Declarations, Guidelines, etc. on Bioethics / Health Care Ethics / Human Rights Aspects Of Health
Council of Europe Draft Bioethics Convention
Selected Bibliography on Human Rights and Health

The Christian Science Church has lost its first court case on the wrongful death of a child, JAMA 270 (1993), 1781-2. A Minnesota court asked the church to pay US$9 million in punitive damages for the death of a boy whose parents withheld medical care in favour of prayer. He died of medically untreated diabetes, at 11 years of age. It is time that they combine prayer with medical therapy. In another case in the UK a Rastafarian couple have been convicted of manslaughter for failing to allow their diabetic daughter receive insulin; Lancet 342 (1993), 189-90.

A review of medical technology assessment and practice guidelines in the US is in AJPH 83 (1993), 1635-9. The affects of health care reform and professional liability in the US is debated in NEJM 329 (1993), 1733-6.

A study showing that the poor and uninsured patients are less likely to sue for malpractice in the USA is H.R. Burstin et al., "Do the poor sue more? A case-control study of malpractice claims and socioeconomic status", JAMA 270 (1993), 1697-1701, 1740-1. A view on malpractice liability and physician autonomy is in Lancet 342 (1993), 973-5. A medical study of 100 legal cases has suggested that doctors should consult their colleagues more, BMJ 307 (1993), 1483-7. The vagueness of the term "medical accidents" is debated in BMJ 307 (1993), 1438-9.

A court in the UK has ruled against giving compensation in a case of repetitive strain injury that was work related, Lancet 342 (1993), 1168; New Scientist (11 Sept, 1993), 24-6. A court ruling in Alabama in the US allows several exceptions for HIV testing without explicit informed consent, JAMA 270 (1993), 2530-1. Also on AIDS and the law, Lancet 342 (1993), 1040-1.

On January 21 the French Senate approved a revised Bioethics Law, covering issues of IVF, genetic screening and organ transplantation; Science 263 (1994), 463; Nature 367 (1994), 209. The bill has been delayed for a long time as scientists and ethicists and others, debated it and as politicians lost interest. The revised bill has upset some researchers, who don't like the idea of restrictions on research. The bill regulates organ transplants, and would prevent the use of IVF for post-menopausal women, single women and widows, allowing only couples who have been living together for at least two years (something that is not shocking to most bioethicists!). The restrictions on human embryo research are causing more concern, and even more is the ban on preimplantation diagnosis. The concerns about future eugenics may lead to a bill banning general genetic screening.

The delays in the European Bioethics Convention are discussed by one of the drafters, C. Byk, in BME (Dec 93), 23-4. The discussion of the convention continues behind closed doors at regular meetings of the Steering Committee on Bioethics, but is still not open to the public - perhaps having enough difficulties already in its limited debate forum. The problem of reaching agreement over some of the bioethical questions from 32 countries represented is understandable, but it has implications for broader international treaties/guidelines.

A review of G.J. Annas, The Rights of Patients: The Basic ACLU Guide to Patient Rights, 2nd Ed., (Totowa, NJ: Humana Press 1992) is in IDHL 44 (1993), 768-70. A review of G.J. Annas, Standard of Care: The Law of American Bioethics (NY: Oxford University Press, 1993, 291pp., US$25) is in NEJM 330 (1994), 295-6. The 1992 decree in Uruguay on medical conduct and patient rights is in IDHL 44 (1993), 632-6. General book reviews on medical law are in SSM 38 (1994), 768; JAMA 271 (1994), 156-7. In the UK the House of Lords' Select Committee is soon to publish its final report and draft Bill on decision-making and incapacitated adults, as followup to the Bland case; Dispatches 4(2), (1993) 1.

More comment on the need for a US national bioethics commission is in G.J. Annas, "Will the real bioethics (commission) please stand up?", HCR 24(1) (1993), 19-21; A.M. Capron, "is it time to clone a bioethics commission?", HCR 24(1) (1993), 29-30. They build on the OTA report of 1993. A series of papers on bioethics and public policy is in Politics & Life Science 13 (Feb 1994),77-106. They debate the need for a commission, and where it is best to be placed. It includes a paper by D. Macer, "Bioethics may transform public policy in Japan", Politics & Life Science 13 (Feb 1994),89-90.

The progress of the French bioethics law is discussed in BMJ 308 (1994), 291. Requirements for expert witnesses are likely to increase even more in the future, New Scientist (5 Feb 1994), 41. Medical negligence is discussed in Lancet 343 (1994), 484. Also, see the AIDS section above for recent court decisions. Book reviews are in JAMA 271 (1994), 476-7, 795.

A report on the UNESCO Bioethics Committee has also appeared in HCR 24(2): 3-4. There has been a change at the top of the Council of Europe Bioethics body, which could change policy, Lancet 343 (1994), 970. A Declaration on the Promotion of Human Rights has been agreed by 36 European countries, BMJ 308 (1994), 997. The new French bioethics law was discussed in the reproductive technology section above, it covers other issues too, Nature 369 (1994), 599. Belgium established a consultative committee on bioethics in 1993, and the law is in IDHL 45: 47-8. A short letter on the Vatican bioethics committee is Nature 368 (1994), 352.

Scientific evidence in court and the death of the Frye Rule is reviewed by G.J. Annas in NEJM 330 (1994), 1018-21; and on asking the courts to set the standard of emergency care and the Baby K case, NEJM 330 (1994), 1542-5. On the Daubert v. Merrel Row case, JAMA 271 (1994), 1578. A book review on American medical law is IDHL 45: 134-6; and a review on abortion protest law is JAMA 271 (1994), 1679-80.

A study of what doctors and patients do when they disagree is Arch. Fam. Med. 3: 125-9; JRSM 87 (1994), 363-4. On malpractice, NEJM 330 (1994), 1236-7; BMJ 308 (1994), 985, 1377. A New Zealander has been convicted for manslaughter following a mistaken drug deliver, Lancet 343 (1994), 1091; and on another manslaughter case, BMJ 308 (1994), 1187. On environmental cause of disease, Lancet 343 (1994), 1092.

The Council of Europe Bioethics Convention is open for public debate. A copy is in BME 99 (July 1994), 19-24. Copies of the complete draft are available from the Directorate of Legal Affairs, Conseil de l'Europe, F-67075 Strasbourg Cedex, France. There are brief reports elsewhere, Nature 370 (1994), 3; BMJ 308 (1994), 1662, 309: 221; Lancet 344 (1994), 117-8. The draft Bioethics Convention was approved by the Parliamentary Assembly of the Council of Europe on 2 Feb. 1995 The text was made softer, for example to delete reference to embryo research which Germany opposed. There are still 20 amendments which need to be considered by ministerial committees. If no consensus is found, a further vote would be needed, later in 1995; Lancet 345 (1995), 311; Nature 373 (1995), 466.

The Norwegian government has passed a new law, discussed above in the section on reproductive technologies, which also regulates gene therapy and genetic screening. The US Office of Science and Technology Policy is preparing to announce the establishment of a US National Bioethics Advisory Commission, Science 265 (1994), 595.

A letter noting the Finnish Act on Status and Rights of Patients, a law defining patient rights from 1993, is BMJ 309 (1994), 130-1. French bioethics laws are discussed in Lancet 344 (1994), 48. Bioethics and the life sciences are discussed in HCR 24(3) (1994),42-4, and bioethics and legal language in HCR 24(4) (1994), 16-22. The Int. Digest of Health Legislation 1980-1993 is now available on CD-ROM, from Vista InterMedia, 1177 High Ridge Rd, Stamford, CT 06905, USA.

See the section on drug risks above to see the suspension of a major Japanese drug company under Japanese law, for failing to report deaths from clinical trials. Some major pharmaceutical companies have started 24 hour hotlines to give information on their drugs to consumers, Yomiuri Shimbun (25 Aug 1994), 9. In the USA there have been deaths in a trial of fialuridine, which has resulted in legal action, Lancet 343 (1994), 1494-5.

A UK doctor who admitted to changing medical records to try to cover up the reason of death of one of his patient's has been sentenced to 6 months prison, Lancet 344 (1994), 256. On the UK informal complaints procedure, BMJ 308 (1994), 1546-8; and on suing doctors, C. Vincent et al., "Why do people sue doctors? A study of patients and relatives taking legal action", Lancet 343 (1994), 1609-13, 1582-3; 344: 268-9. In the UK study, 70% were seriously affected by the incidences, and only 15% considered the explanations as satisfactory. Accident compensation in New Zealand is in Lancet 344 (1994), 182.

A new book is Carol A.G. Jones, Expert Witnesses. Science, Medicine, and the Practice of Law, Oxford University Press 1994. A paper is D. Nelkin, "After Daubert: The relevance and reliability of genetic information", Cardozo law Review 15: 2119-28.

The Office of Science and Technology in the USA has called for comments on a National Bioethics Advisory Commission proposed Charter, Federal Register 59 (155), 12 August, 41584-6.

A summary of 1993 additions to the statements of the World medical Association (including human rights, female genital mutilation, safety in the workplace, body searches of prisoners,and sports medicine are in IDHL 45: 241-5. Child abuse experts are discussed in Lancet 344 (1994), 810. The 800th anniversary of coroners is 1994; Lancet 344 (1994), 799-800.

Malpractice is discussed in Mehlman, M.J. "Bad "bad baby" bills", AJLM XX (1994), 129-45; Zylstra, S. et al. "A statistical model for predicting the outcome in breast cancer malpractice lawsuits", O&G 84 (1994), 392-8. New Zealand and Australian negligence laws are discussed in Lancet 344 (1994), 478-9; and the British compensation system is estimated to be £52.3 million for England in 1990-1, in BMJ 309 (1994), 389-91. In Japan in 1993, there were 440 malpractice cases went to court In the last 5 years about 360 cases a year, and currently there are 1900 cases in the courts, and about one third are won to some degree by the claimant, Yomiuri Shimbun (28 Oct 1994), 22.

A book review of Mohr, J.C. Doctors and the Law: Medical Jurisprudence in Nineteenth Century America, (Oxford University Press, 1993, 319pp., US$30) is in SSM 39 (1994), 879-80. A series of papers on malpractice, and health care costs are in AJLM XX (1994), 1-220. UK law on right of access to medical records continues to allow exceptions if the disclosure would be detrimental to the patient, Lancet 344 (1994), 743.

The World Medical Association Statement on Medical Ethics in the Event of a Disaster is in BME 102 (Oct 1994), 9-11; and the amended Declaration of Geneva from the 1994 Stockholm meeting is BME (Sept), 3-5; together with WMA statements on human rights.For general laws, and on UN Commission on Human Rights resolutions see IDHL 45 (1994), 405-10. European Consultation on the Rights of Patients are in IDHL 45 (1994), 410-9.

An English translation of the main parts of the French bioethics laws is BME 101 (Sept 1994), 11-3. The revision of the Canadian Code of Ethics is discussed in CMAJ 151 (1994), 209-10. A Canadian Supreme Court case about consent when an investigation is interrupted is Lancet 344 (1994), 1079.

Disciplinary hearings in Canada are discussed in CMAJ 151 (1994), 460-2; and in the UK, CMAJ 151 (1994), 465-6; BMJ 309 (1994), 1251- 2.Procedural guidelines are upheld in a UK law case against other courts decisions, Lancet 344 (1994), 1290. The Australian government is considering government control on surgeons, Lancet 344 (1994), 1286.

A New Brunswick, Canada, case on 16 year old Jehovah's Witness who was able to refuse blood transfusions through various court cases is discussed in CMAJ 151 (1994), 625-8. Also on patient rights, CMAJ 151 (1994), 529-33. Legal issues in postmortems in Australia are discussed in MJA 161 (1994), 366-8, 635.

A study in Florida found no link between past malpractice claims and technical competence, Entman, S.S. et al. "The relationship between malpractice claims history and subsequent obstetric care", JAMA 272 (1994), 1588-91; but past claims predict future ones, Bovbjerg, R.R. et al. "The relationship between physicians' malpractice claims history and later claims", JAMA 272 (1994), 1421-6, 1453-4. However, doctors who are sued more often are likely to be the subject of more complaints in general, Hickson, G.B. et al. "Obstetricians' prior malpractice experience and patients' satisfaction with care", JAMA 272 (1994), 1583-7. Basically the conclusion is doctors are sued for uninterest, BMJ 309 (1994), 1461. Also on negligence, BMJ 309 (1994), 1094.

Some French doctors have criticised the French laws for not recognising the legal status of embryos, BMJ 309 (1994), 1534.

The New Zealand Minister of Health violated privacy of patient records in a television debate, and has rightly been criticised, Lancet 345 (1995), 310-1. On changes in NZ medical complaints procedures, Lancet 344 (1994), 1629. A new book of legal interest is Michael, J. Privacy and Human Rights. An International and Comparative Study, with special references to developments in Information Technology. (Dartmouth, UNESCO Publishing, 1994, 194pp.).

Defensive medicine is discussed in BMJ 310 (1995), 27-9. A judge reinstated a medical negligence claim 28 years after the accident in a UK case, BMJ 310 (1995), 80. A New Zealand child-molesting doctor has been named, in efforts to find affected persons, BMJ 310 (1995), 81-2. Also on medicine and law, Leape, L.L. "Error in medicine", JAMA 272 (1994), 1851-7, 1867-8; BMJ 309 (1994), 1589; Lancet 344 (1994), 1697-8; 345: 314.

The Red Cross is attempting to outlaw weapons which are designed to blind people (lasers), Lancet 344 (1994), 1649-50.

The use of scientific evidence in courts is discussed in a book review in Nature 373 (1995), 115; Science 266 (1994), 1787. The bendectin birth defects case has been dismissed, Science 267 (1995), 167.

The US National Science and Technology Council has approved the formation of a National Biomedical Ethics Advisory Committee, following several years of calls for it, Nature 374 (1995), 202.

A description of the expected New Zealand Code of health and Disability Services Consumers' Rights is in Otago Bioethics Report 4: 11-3. Papers on patient rights are in European J. Health Law 1 (1994), 127-60. On the rights of native persons, Scientific American (March 1995), 115; Time (20 March), 45; and the discussion of the Ainu rights agreement in Japan is still having many difficulties, Japan Times (30 March 1995), 3.

The Bolam test of information sharing that a doctor would normally share is debated in Lancet 345 (1995), 575; and why Australian courts rejected it, JME 21 (1995), 5-8.

Papers on recent trends in health law and bioethics are in AJLM XX (1994), 395-416; and teaching bioethics and health law,AJLM XX (1994), 417-438; 439-456. Another journal of potential interest is Health and Human Rights, which is quarterly, contact: Harvard School of Public Health, 8 Story Street, 5th Floor, Cambridge, MA 02138, USA. Also on human rights see Human Rights Quarterly 16 (1994), 753-6; European J. Health Law 1: 265-78, 279-92.

The question of universality is debated in Cerna, C.M. "Universality of human rights and cultural diversity: Implementation of human rights in different socio-cultural contexts", Human Rights Quarterly 16 (1994), 740-52.

In Japan, a judge awarded damages of 5.5 million yen against Keio University for misdiagnosing appendicitis, which resulted in the patient being given pain-killers, discharged, and 10 hours later he died; Asahi Shimbun (24 March 1995), 38. The issue of hospital mistakes became critical for a Tampa, Florida hospital, after they had their license to use MedicAid payments questioned, after two recent mistakes (cutting the wrong leg off someone, and turning the wrong respirator off resulting in death!). The general issue is discussed in Time (3 April), 43.

The legal system should be improved, e.g. videos etc., for cases of sexually abused children in Australia, MJA 162 (1995), 126-8. Ethical issues in law libraries are the subject of a paper, Fox, E.H. "Ethical issues in the law library", Legal Information Management Reports 6 (Fall, 1994), 1-12.

The UNESCO Bioethics Committee meeting was discussed in the editorial. The draft genome declaration is being revised, and will be discussed over the next few years. It will be reproduced in a later issue of the Eubios Journal. A comment is in Nature 371 (1994), 369. Another review of the UNESCO Bioethics Committee meeting is in EBN 186 (1994)1-2; GenEthics News 3 (1994), 9; and an introduction to it in IJB 5 (1994), 174-7. On the general functions of UNESCO, Science 265 (1994), 1047-8.

The Council of Europe Bioethics Convention is being held up by German opposition to the ambiguous text, Nature 371 (1994), 643. The Germans want more restrictions placed in the convention. In January 1995 we should expect debate on the European Bioethics Convention, Lancet 344 (1994), 1080. Further comments on the endorsement of the European Bioethics Convention is in Lancet 345 (1995), 377. It notes the exclusion of a comment on embryo research.

The Council of Europe Bioethics Convention is discussed in BME 106 (1995), 6-7; 107 (1995), 5-6; Lancet 345 (1995), 916. War crimes are discussed, Time (22 May 1995), 16-23.

The Doctor at the centre of the French HIV case, J.P. Allain is now a professor of transfusion medicine at the Dept. Hematology in University of Cambridge, but is banned from entering the hospital; BMJ 310 (1995), 690. Also in Cambridge, a decision not to fund further treatment of a dying girl was upheld in the court of appeal, Lancet 345 (1995), 717; BMJ 310 (1995), 687.

Medical mistakes are discussed in Lancet 345 (1995), 778-9, 871-2; BMJ 310 (1995), 888-9. On US malpractice law, Lancet 345 (1995), 716. The entire Swedish MRC board was dismissed on malpractice grounds, Nature 375 (1995), 7. Dealing with malpractice, MJA 162 (1995), 453-4. On Law and Science, AJHG 56 (1995), 1010-1.

The US government has apologised for radiation tests, BMJ 311 (1995), 970; JAMA 274 (1995), 865, 958-9, 33; Nature 377 (1995), 374, 470. There is some call for study of the health effects of the persons involved. In February 1995, the Department of Energy's (DOE) Office of Human Radiation Experiments published Human Radiation Experiments: The Department of Energy Roadmap to the Story and the Records ("The DOE Roadmap"). In August, Human Radiation Experiments Associated with the U.S. Department of Energy and its Predecessors ("The Experiments List") is a supplement to the Roadmap, as well as a continuation of the Secretary's openness initiative. Along with methodological and historical descriptions, topical discussions, and records series descriptions, the Roadmap included summaries of approximately 150 human radiation experiments associated with DOE and its predecessors. Those summaries are included here, along with summaries of over 275 additional studies that have since been identified, documented, and confirmed. Taken together, these summaries describe a wide range of activities from the early 1940s through the early 1970s. The intent is to be as inclusive as possible in identifying human radiation research projects associated with the Department and its predecessors.

The Final Report of the Advisory Committee on Human Radiation Experiments (stock number 061-000-00-848-9), the supplemental volumes to the Final Report (stock numbers 061-000-00850-1, 061-000-00851-9, and 061-000-00852-7), and additional copies of this Executive Summary (stock number 061-000-00849-7) may be purchased from the Superintendent of Documents, U.S. Government Printing Office. Superintendent of Documents U.S. Government Printing Office P.O. Box 371954 Pittsburgh, PA 15250-7954, USA. An Internet site containing ACHRE information (replicating the Advisory Committee's original gopher) will be available at George Washington University. The site contains complete records of Advisory Committee actions as approved; complete descriptions of the primary research materials discovered and analyzed; complete descriptions of the print and non-print secondary resources used by the Advisory Committee; a copy of the Interim Report of October 21, 1994, and other information. The address is The site will be maintained by the National Security Archive at GWU.

New UK GMC guidelines have been released,BMJ 311 (1995), 973. A paper arguing that the General Council should remain CMA's ultimate authority is, CMAJ 153 (1995), 978-979. On October 6, 1995 the federal Minister of Justice, Allan Rock, introduced legislation in the House of Commons to create a new Law Commission of Canada. It will replace the Law Reform Commission of Canada, which was terminated by the previous government in 1992. Canadian Bioethics Report (October 1995); see also, Charland LC, & Dick PT, "Should compassion be included in codes of ethics for physicians?" Annals RCPSC 2 (1995), 415-418

On wrongful death, Lancet 346 (1995), 624; NEJM 333 (1995), 527-31. A paper reviewing tort law in Japan is Tejima, Y. "Tort and compensation in Japan: Medical malpractice and adverse effects from pharmaceuticals", Univ. Hawaii Law Review 15 (1993), 723-35. Medical malpractice reform is discussed in AJLM XXI (1995), 281-300; and on medical mistakes, Lancet 346 (1995), 720.

France has adopted a new 114 article medical code, BMJ 311 (1995), 769-70. New Zealand has a draft code of patient rights, includes ten rights with all having an exception, "if it is not reasonably practicable due to resource constraints to give effect to the right", Lancet 346 (1995), 496. On the World Medical Association's reconsideration of patient rights, BMJ 311 (1995), 709. On Managing erotic feelings in the physician-patient relationship, CMAJ 153 (1995), 1241-8.

The US Dept. of Energy has issued a report suggesting there were 435 radiation experiments carried out on about 16,000 persons between 1946 and 1974; Nature 376 (1995), 627. The UK MRC has rejected a call for a UK inquiry into radiation tests, Nature 376 (1995), 107. A case of radioactive contamination at a NIH lab may be misconduct, or deliberate poisoning, Science 269 (1995), 483.On the history of atomic bombs see the environmental issues, and drug risks sections above. Also see more on scientific responsibility issues in: Nature 376 (1995), 303-4, 371-2, 382-4; 475-6; SA (August 1995), 27-8, 42-6; JAMA 274 (1995), 413-6, 416-9, 430-1; Science 268 (1995), 1201-2; Newsweek (24 July), 40-7; (24 August, 1995), 20-49.

The revised text from the World Medical Association on the rights of a patient, Revised Declaration of Lisbon on the Rights of the Patient are in BME 114 (1996), 8-10. In Canada the Ontario government has proposed a law allowing inspection of patient records to check for medical fraud cases, Lancet 346 (1995), 1618; see also Lancet 347 (1996), 137-8. Doctors are against this, and in Israel doctors are also complaining against a recent Supreme Court case in which allowed doctor's testimony during internal investigations to be used against them, Lancet 346 (1995), 1700. In India doctors are also upset over the Supreme Court's decision that doctors services fall under the Consumer Protection Act, Nature Medicine 2 (1996), 12. Also on law, NEJM 334 (1996), 196.

Anew concept of Extreme Risk may be offered for legal insurance for doctors in the USA, NEJM 334 (1996), 1706-7. On Australian indemnity cover, Lancet 347 (1996), 256.

A UK legal decision has made death from antenatal injury possible to try as murder, Lancet 347 (1996), 1622. It follows an attack on a pregnant woman. In the UK the High Court has allowed an NHS Trust to discipline doctors who failed to treat a child, even though the Trust was not their employer at the time of the neglect. A claim that the French National Bioethics Consultative Committee has led to less public debate on bioethics by hijacking the authority in ethics is in a book, Lazar, Philippe, L'Ethique biomedicale en question, eds. Lianna Levi, Paris 1996; reviewed in Nature 379 (1996), 289.

Discussion of the proposals for a Human Genetics Commission in the UK are in BME 113 (1995), 3-4.

Background to the Council of Europe Bioethics Convention is in IJB 6 (1995), 190-229. There will be a further meeting on the wording of the Convention on 26 Feb, 1996; Lancet 346 (1995), 1482. Clinical guidelines and the law are discussed in BMJ 311 (1995), 1517-8. The Indian supreme court has upheld patient rights, Lancet 346 (1995), 1418; and said that doctors may be tried for malpractice in consumer courts, BMJ 311 (1995), 1385-6. A UK case involving 3 doctors before the GMC has found them not guilty of lack of consent, BMJ 311 (1995), 1245-6. The GMC has been given more power against incompetent doctors, Lancet 346 (1995), 1355. Another paper reporting the US apology over radiation experiments is Nature Medicine 1 (1995), 1112; NS (14 Oct 1995), 8.

In Australia there is discussion of the proposed new physicians code of ethics; Weekend Australian (6-7 Jan, 1995), 16. Malpractice is discussed in BMJ 311 (1995), 1250, 1445; Modern Law Review 58 (1995), 914-5; Public Health Reports 110 (1995), 357-60; Nature Medicine 1 (1995), 962. The AMA has called for doctors to put patients before profits, Nature Medicine 1 (1995), 730; and on defensive medicine and obstetrics, JAMA 274 (1995), 1606-10.

Compensation of patients injured in clinical trials is discussed in JME 21 (1995), 166-9. The Japanese Supreme Court has decided after 20 years that the government is not culpable in a chloroquine medical law suit, Nature Medicine 1 (1995), 732. A view of French bioethics law is Nudeshima, J. "French bioethics legislation viewed from Japan", IJB 6 (1995), No.3.

A call for the US Air Force to disclose all information on radiation tests it performed is NS (10 Feb 1996), 5. On background to the new US bioethics commission, HCR 26 (1996), 5. A discussion of informed consent for neonate clinical trials is Lancet 347 (1996), 475; and on the FDA rules to allow emergency care without consent, Lancet 347 (1996), 475-6; JAMA 275 (1996), 347. A book review is BMJ 312 (1996), 786; also see BMJ 312 (1996), 847. For children, BMJ 312 (1996), 794. A USA study finds that often interpreters are not used, and not trained, even if available and perceived to be needed by patients, JAMA 275 (1996), 783-8. On informed consent in Mexico, Rev. Invest. Clin. 47 (1995), 399-404; abstract in JAMA 275 (1996), 894m.

The text of the amended UK Medical (Professional Performance) Act 1995 is reproduced in BME 116 (1996), 7. It gives more power to the General Medical Council. Barriers to the exercise of patient rights are reviewed in NEJM 334 (1996), 532-4.

Hospital liability in Canada is discussed in Health Law Review 4 (2, 1995/1996), 12-25. Individual medical liability is discussed in MJA 164 (1996), 178-82; JAMA 275 (1996), 406. A UK surgeon who was called Dr Doolittle by the UK newspaper Daily Mirror has been awarded 625000 pounds in libel damages, BMJ 312 (1996), 527. War crimes indictments are given in Lancet 347 (1996), 672-3; and on weapons, Lancet 347 (1996), 450-1. The responsibility of leaders to know about science is discussed in Biotechnology 13 (1995), 1032.

After much delay, the Council of Europe has published the second version of its declaration, Convention on human rights and biomedicine, June 1996. It is open for comment and will go to the Parliament and Council of Ministers. For comment see Nature 381 (1996), 545.

On medical malpractice causing increased medical costs in Canada, Dispatches 6 (No. 2, Spring 1996), 4-5. A call to define what is seriously deficient professional performance is in BMJ 312 (1996), 1180-1. On Canadian informed consent law, Health Law Review 4 (No. 3, 1996), 17-22. Several papers on French bioethics laws in English and French are in IJB 7 (1996), 3-31. A comment on the third session of UNESCO IBC is in IDHL 47 (1996), 107-8.

A review of the Australian professional indemnity review is MJA 164 (1996), 371-4, 502-4; and on the extent to which adverse events are reported, MJA 164 (1996), 458-61. The main objectives of the NHS complaints procedure are reproduced in BME 118 (1996), 8-11. A series of papers on the theme "Government and bureaucratic bioethics: Addressing moral issues in the service of ideology", are in J.Med.&Phil. 21 (April 1996), 113-235.

The Center for International Legal Studies is on-line with some material relevant to medicine, .

On 4 June the Council of Europe Bioethics Convention drafting committee agreed to the words of a Convention. The European Parliament, which includes 15 of the 39 nations of the Council of Europe organized a debate on the Convention and found there was division , and a report from the Legal Committee was not adopted by a vote of 197 votes to 192; Lancet 347 (1996), 1686, 348 (1996), 53, 330; Nature 382 (1996), 292. The controversial issue included substituted consent, which Germans oppose.

On UNESCO International Bioethics Committee (set to meet 1-4 October in Paris), Odyssey 1 (No.4, 1995), 52-7. The US bioethics committee is chaired by the president of Princeton University, Harold Shapiro, Science 273 (1996), 583. Other new publications include, Amnesty International, Prescription for Change: Health Professionals and the Exposure of Human Rights Violations, London, 46pp., ACT 75/01/96.

In Australia, a court has found that a general practitioner is legally bound to render assistance to a stranger, MJA 165 (1996), 159-61. In New Zealand a 12 year old girl has been legally forced to undergo chemotherapy considering it has a good chance to save her life from leukemia, against her parent's religious reasons; NZ Herald (1 August 1996), 1.

On medical malpractice, NEJM 335 (1996), 139-40; and liability, AJPH 86 (1996), 863-9; J. Health Politics, Policy & Law (1996), 153-8. A code of conduct for the International Red Cross and Red Crescent Movement and NGOs in disaster relief is reproduced in Nursing Ethics 3 (1996), 268-74. On trends in law and medicine, JAMA 275 (1996), 1817-9.

The UNESCO International Declaration on the Human Genome and Human Rights was considered in October at UNESCO by the International Bioethics Committee (IBC). There are still some changes desired, and a Legal Commission meeting will be held in mid-December in UNESCO, and then the revised text will be considered by governments until the following Sept 1997 session of the IBC. The updated version of the Declaration will be posted on the Internet site when it is known. There have been other calls for international standards in genetics and ethics, at the International Congress of Human Genetics, Lancet 348 (1996), 607.

On the US National Bioethics Commission, Nature Biotechnology 14 (1996), 927, 1069-70; and the executive order 12975 is in IDHL 47 (1996), 355-7. One of the first tasks may be a review of local review boards, Nature 383 (1996), 466. A review of the expanding scope of US state laws in health care is JAMA 276 (1996), 1065-70. A consultative Bioethics Committee has been established in Belgium, IDHL 47 (1996), 409-10.

On 26 September 1996 the Parliamentary Assembly of the Council of Europe approved the Bioethics Convention, saying it should be open for signature by the end of 1996, Lancet 348 (1996), 953. A review of Council of Europe activities in 1994 is IDHL 47 (1996), 405-9. Israel has passed a law to protect patient rights, Lancet 348 (1996), 884. On the role of ethics advisory boards in self-regulation, Human Reproduction 11 (1996), 1595-6.

A book review of Medical Blunders. Amazing True Stories of Mad, Bad and Dangerous Doctors, and Wrongful Death: A Medical Tragedy, is BMJ 313 (1996), 1019-20. A paper on the Canadian situation with malpractice and liability is AJLM XXII (1996), 7-50; and on the Canadian code of ethics, CMAJ 155 (1996), 314-5. Medical accountability in New Zealand with international comparisons is made in Health Care Analysis 4 (1996), 45-64. A discussion, on bad medicine at John Hopkins is in City Paper (28 August 1996), 17-23. A photo of a tombstone with a malpractice claim from 1788 in the USA is in Lancet 348 (1996), 902.

On the use of scientific evidence in court cases, Modern Law Review 59 (1996), 747-60.

On the European Bioethics Convention (see last issue), Lancet 348 (1996), 1441. A review of the Canadian Health Act and health law is in 3 papers in Health Law Journal 4 (1996), 1-86.

Many scientists in Canada who do research with human subjects have complained against the proposed new ethics code, which is available on the Internet . The drafting committee received about 260 letters, and a second draft is expected to be ready in spring 1997; Science 274 (1996), 1604. Under the new guidelines, research ethics boards would review not just the ethics but the "scientific validity" of proposed studies with human subjects. The Medical Research Council, the Social Sciences and Humanities Research Council, and the Natural Sciences and Engineering Research Council are developing the code.

A survey of physicians views of practice guidelines in Italy is SSM 43 (1996), 1283-7. On practice guidelines, Lancet 348 (1996), 1005-6. A book review of M Angell, Science on Trial: The Clash of Medical Evidence and the Law in the Breast Implant Case (W W Norton, 1997, 256pp, ISBN 0-393-03973-0, £22) is in BMJ 313 (1996), 1341. On legal aspects of occupational disease, BMJ 313 (1996), 1136-40. Also on medical law, Nature 383 (1996), 783-5; Australian Law Journal 70 (1996), 688-722, 723-46.

The US Bioethics Advisory Commission held the first meeting in November, 1996, to define the governing principles of ethical research. Two issues were protection for human subjects who participate in biomedical and behavioral research and determining the appropriate use of genetic testing. Officially, the commission terminates in October 1997. But, said its chair, Harold T. Shapiro, "We're behaving as if the commission will go on for 4 or 5 years. Certainly we are designing our work for a longer horizon than 1 year." Shapiro is president of Princeton University, Princeton, NJ, JAMA 276 (27 Nov 1996); Nature Biotechnology 14 (1996), 1533.

Nuremberg War Trial 50 years Anniversary

There have been a number of papers remembering the Nuremberg War Trials, (see also conference announcement on the Freiburg Project). The papers include: Barondess, JA., "Medicine Against Society: Lessons From the Third Reich", JAMA 276 (1996), 1657-61. It describes increasing efforts to examine the history of German medicine under National Socialism. Katz, J. "The Nuremberg Code and the Nuremberg Trial. A Reappraisal", JAMA 276 (1996), 1662-6. The Nuremberg Code includes 10 principles to guide physician-investigators in experiments involving human subjects. The US judges who presided over the proceedings did not intend the Code to apply only to the case before them, but to the practice of human experimentation whenever it is conducted.

Faden RR. et al. "US Medical Researchers, the Nuremberg Doctors Trial, and the Nuremberg Code. A Review of Findings of the Advisory Committee on Human Radiation Experiments", JAMA 276 (1996), 1667-71. Based on the evidence from Advisory Committee on Human Radiation Experiments (ACHRE), Ethics Oral History Project and extensive archival research, they conclude that the Code, at the time it was promulgated, had little effect on mainstream medical researchers engaged in human subjects research. Although some clinical investigators raised questions about the conduct of research involving human beings, the medical profession did not pursue this issue until the 1960s.

Also, Harkness, JM. "Nuremberg and the Issue of War time Experiments on US Prisoners. The Green Committee", JAMA 276 (1996), 1672-5; Sidel, VW., "The Social Responsibilities of Health Professionals: Lessons From Their Role in Nazi Germany", JAMA 276 (1996), 1679+; Grodin, MA. & Annas, GJ. "Legacies of Nuremberg: Medical Ethics and Human Rights", JAMA 276 (1996), 1680+.

War crimes and medical science are discussed in BMJ 313 (1996), 1413-6; Voflmann, J. & Winau, R. "Informed consent in human experimentation before the Nuremberg code", BMJ 313 (1996), 1445-9; Proctor, RN. "The anti-tobacco campaign of the Nazis: a little known aspect of public health in Germany, 1933-45", pp. 1450-2; Hanauske-Abel, HM. "Not a slippery slope or sudden subversion: German medicine and National Socialism in 1933", pp. 1453-63; Seidelman, WE., "Nuremberg lamentation: for the forgotten victims of medical science", pp.1463-7; Weindling, P. "Human guinea pigs and the ethics of experimentation: the BMJ's correspondent at the Nuremberg medical trial", pp.1467-9; Brentlinger, PE "Health sector response to security threats during the civil war in El Salvador", pp. 1470-4. On a more current situation, see a letter from Iraq: Effect of sanctions on surgical practice, pp. 1474-5. The full text of all the Nuremberg articles is available on the BMJ homepage <>. Some are also available on the Medicine and Global Survival homepage <>.

A number of references and papers on the topic include: Taylor T. The anatomy of the Nuremberg trials. New York: Alfred Knopf, 1992; Vollmann J, Winau R. The Prussian regulation of 1900: early ethical standards for human experimentation in Germany. IRB: a review of human subjects research 18 (1996), 9-11 (Hastings Center); Annas G J, & Grodin M A. The Nazi doctors and the Nuremberg code: Human rights in human experimentation. Oxford University Press: New York, 1992; Pross C. The value of the human being: medicine in Germany 1918-1945. Berlin: Arztekammer Berlin, 1991; Mitscherlich A, Mielke F. Doctors of infamy: the story of the Nazi medical crimes. New York: Schuman,1949; Alexander L. Medical science under dictatorship. NEJM 241 (1949), 39-47; Beecher H K. Ethics and clinical research. NEJM 274 (1966), 1354-60. Katz J. Experimentation with human beings. New York: Russell Sage Foundation, 1972; Final Report Of The President's Advisory Committee. Ethics Of Human Subjects Research: A Historical Perspective. Human Radiation Research. Oxford: Oxford University Press, 1996. There are also references to the genocide in the former Yugoslavia, Gutman R. A witness to genocide. The first inside account of the horrors of ethnic cleansing in Bosnia. Shaftesbury: Element Books, 1993; Hong J W, Norbert B. Srebrenica; record of a war crime. London: Penguin, 1996.

Letters complaining against the continued publication of the atlas, Platzer W, ed. Pernkopf Anatomy: Atlas of Topographic and Applied Human Anatomy. Baltimore: Urban & Schwarzenberg, 1989: vols I and II. named after the anatomist Professor Eduard Pernkopf of the University of Vienna, are in JAMA 276 (1996), 1633-4; BMJ 313 (1996), 1432; as is a defense by the publishers. The original Pernkopf work contains more than 800 detailed paintings of dissections, with most of the Nazi SS icons eliminated. The precise origins of the cadavers used in Pernkopf's work are unknown, but some evidence suggests they may have been victims of political terror. It is known that the Anatomy Institute of the University of Vienna received the cadavers of prisoners executed at the Vienna district court and of others put to death at Gestapo execution chambers in Linz, Munich, and Prague.

The papers in the Hastings Center Report 26 (Sept-Oct 1996) on the topic come under the heading "Trusting science", and include Faden, R. "The Advisory Committee on Human Radiation Experiments: Reflections on a Presidential Commission", HCR 26 (Sept. 1996), 5-10; Moreno, JD. "The only feasible means": The Pentagon's ambivalent relationship with the Nuremberg Code", HCR 26 (Sept. 1996), 11-24; Kass, NE et al. "Trust: The fragile foundation of contemporary biomedical research", HCR 26 (Sept. 1996), 25-29; Burt, RA, "The suppressed legacy of Nuremberg", HCR 26 (Sept. 1996), 30-33. On the Japanese biological warfare Experiments in WWII a book review of Harris, SH. Factories of Death: Japanese Biological Warfare 1932-1945 and the American Cover-Up (Routledge 1994, 279pp, US$17) is in HCR 26 (Sept. 1996), 37-8.

A list of Declarations on Bioethics made by International Bodies prepared by Sev Fluss and colleagues at WHO is now on the Internet site of Eubios Ethics Institute. A hard copy should be printed in the next issue of EJAIB.

A review of public health law is Fluss, SS. "International public health law: an overview", pp. 372-90 in Detels R. et al. eds, Oxford Textbook of Public Health, 3rd ed., Volume 1 (Oxford University Press 1997). A paper on human rights is Bentley, D. "Islam and human rights: Protocols for Christian Understanding", Dharma Deepika 2 (No. 1, 1996), 29-42. On oversight of human research, Science 275 (1997), 605. On scientific experts and the law, NatMed 3 (1997), 123.

On Canadian law see Jackman, M. "The constitutional basis for federal regulation of health", Health Law Review 5 (1996), 3-10. The obligation to heal and medical malpractice are discussed in ASSIA: Jewish Medical Ethics III (No.1, 1997), 18-29. On the role of the government in bioethics, J.Med. & Phil. 21 (1996), 113-9. International efforts to stop bad doctors moving country are being developed, BMJ 314 (1997), 251. On Italian ethics, NatMed 3 (1997), 132.

The US Congress and the White House are discussing tighter measures to protect human subjects of biomedical research. New proposed legislation would stipulate criminal sanctions for violations; prohibit federal funds from being used for classified research unless the research has institutional review board approval and requires disclosure to research subjects of certain information regarding the classified research; and relocate the Office of Protection from Research Risks from the NIH to the office of the secretary of the Department of Health and Human Services; JAMA 277 (1997), 369. On the US bioethics commission, also see the section on Genetic Engineering of Animals above on cloning, Science 275 (1997), 467.

On 4 April, 1997, in Oviedo, northern Spain, the opening of the European Bioethics Convention on April 4, attracted immediate signature by 21 of the Council of Europe's 40 member nations. More contentious issues will continue to be debated to formulate four protocols to add to the main accord, acceptance of which will be optional pending review of the Convention after 5 years. The accord has been signed by Denmark, Estonia, Finland, France, Greece, Iceland, Italy, Latvia, Lithuania, Luxembourg, Macedonia, the Netherlands, Norway, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, and Turkey; Lancet (12 April 1997); BMJ 314 (1997), 1066. The convention will come into force as soon as it has been ratified, as opposed to being merely signed, by five countries. Its contents can be applied not just by the 40 members of the Council of Europe but also by the United States, Japan, Canada, and Australia.

A copy of the convention on human rights and medicine of the Council of Europe is in BME 125 (1997), 13-19. It is also available linked on Internet. A discussion of the convention is de Wachter, MAM. "The European Convention on Bioethics", HCR 27 (Jan 1997), 13-23. A paper on UNESCO and genetics is Lenoir, N. "UNESCO, Genetics and Human Rights", KIEJ 7 (1997), 31-42. On the future of a US National Bioethics Advisory Commission, KIEJ 7 (1997),63-80. In general see van der Burg, W. "Bioethics and law: A developmental perspective", Bioethics 11 (1997), 91-114.

On medical malpractice see Health Law Review 5 (3) (1997), 9-17; BME 126 (1997), 22. It is related to communication, Levinson, W. et al. "Physician-patient communication. The relationship with malpractice claims among primary care physicians and surgeons", JAMA 277 (1997), 553-9. Student's perceptions are reported in Annandale, E. "Professional defenses: Medical students' perceptions of medical malpractice", Int. J. Health Services 26 (1997), 751-75. The BMJ's Nuremberg issue is discussed in BMJ 314 (1997), 1128; and also JAMA 277 (1997), 709-14.

A series of papers on whether we should abandon consent requirements in emergencies is HCR 27 (Jan 1997), 7-12. On children's rights, Community Care (9-15 Jan 1997), 14-5. The role of the Indian High Court in defining the use of herbal medicines is discussed in Nature Medicine 3 (1997), 260. An Indian Society for Health Laws and Ethics has been founded in March 1997. Contact Dr. RR Kishore, the Secretary General, D-11/198, Kidwai Nagar (West), New Delhi 110023, India.

On 4 April, 1997, in Oviedo, northern Spain, the opening of the European Bioethics Convention on April 4, attracted immediate signature by 21 of the Council of Europe's 40 member nations. More contentious issues will continue to be debated to formulate four protocols to add to the main accord, acceptance of which will be optional pending review of the Convention after 5 years. The accord has been signed by Denmark, Estonia, Finland, France, Greece, Iceland, Italy, Latvia, Lithuania, Luxembourg, Macedonia, the Netherlands, Norway, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, and Turkey; Lancet (12 April 1997); BMJ 314 (1997), 1066. The convention will come into force as soon as it has been ratified, as opposed to being merely signed, by five countries. Its contents can be applied not just by the 40 members of the Council of Europe but also by the United States, Japan, Canada, and Australia.

A copy of the convention on human rights and medicine of the Council of Europe is in BME 125 (1997), 13-19. It is also available linked on Internet. A discussion of the convention is de Wachter, MAM. "The European Convention on Bioethics", HCR 27 (Jan 1997), 13-23. A paper on UNESCO and genetics is Lenoir, N. "UNESCO, Genetics and Human Rights", KIEJ 7 (1997), 31-42. On the future of a US National Bioethics Advisory Commission, KIEJ 7 (1997),63-80. In general see van der Burg, W. "Bioethics and law: A developmental perspective", Bioethics 11 (1997), 91-114.

On medical malpractice see Health Law Review 5 (3) (1997), 9-17; BME 126 (1997), 22. It is related to communication, Levinson, W. et al. "Physician-patient communication. The relationship with malpractice claims among primary care physicians and surgeons", JAMA 277 (1997), 553-9. Student's perceptions are reported in Annandale, E. "Professional defenses: Medical students' perceptions of medical malpractice", Int. J. Health Services 26 (1997), 751-75. The BMJ's Nuremberg issue is discussed in BMJ 314 (1997), 1128; and also JAMA 277 (1997), 709-14.

A series of papers on whether we should abandon consent requirements in emergencies is HCR 27 (Jan 1997), 7-12. On children's rights, Community Care (9-15 Jan 1997), 14-5. The role of the Indian High Court in defining the use of herbal medicines is discussed in Nature Medicine 3 (1997), 260. An Indian Society for Health Laws and Ethics has been founded in March 1997. Contact Dr. RR Kishore, the Secretary General, D-11/198, Kidwai Nagar (West), New Delhi 110023, India.

The Declaration of Helsinki as approved in October 1996 in South Africa by the World Medical Assembly is in BME 128 (May 1997), 8-9. Children have legal rights which can be forgotten, BMJ 314 (1997), 1421-2; as can mental patients, BMJ 314 (1997), 1492. On self-regulation by doctors, BMJ 314 (1997), 1540-2, 1568, 1633. The ethics of private research committees are questioned in the USA, Nature 387 (1997), 445. Conflicts between ethics of clinical and forensic situations are discussed in Am. J. Psychiatry 154 (1997), 445-6, 448-56; Medicine, Science and the Law 36 (1996), 163-6.

Massachusetts in the USA is publishing lists of doctors with records of malpractice and hospital discipline, Donohue, JP. "Developing issues under the Massachusetts 'Physician Profile' Act", AJLM XXIII (1997), 115-58; Lancet 349 (1997), 1155. Also on malpractice, Lancet 349 (1997), 1403, 1753; JAMA 277 (1997), 1681-2.

A discussion of ethics and genetics in experiments is Faraone, SV. et al. "Editorial: Fifty years of the Nuremberg Code: A time for retrospection and introspection", AJMG 74 (1997), 345-7. On the Council of Europe Convention, JAMA 277 (1997), 1855-6. The French Economic and Social Council statement on the rights of the patient is in IDHL 48 (1997), 80-3. The US may establish a single body to oversee all human subjects in federally funded research, Nature 388 (1997), 313. A discussion of human rights and Asian values is in New Republic (14 July 1997), 33-41.

On practice guidelines, JAMA 277 (1997), 1977-8, Hayward , RSA. et al. "Canadian physicians' attitudes about and preferences regarding clinical practice guidelines, CMAJ 156 (1997), 1715-24, 1725-8. It is difficult to measure clinical performance, BMJ 315 (1997), 142. Malpractice is discussed in Harris, J. "The injustice of compensation for victims of medical accidents", BMJ 314 (1997), 1821-3; JAMA 277 (1997), 1815-6; BMJ 314 (1997), 1786. A Scottish doctor has been struck off the register because of a clinical trial fraud, Lancet 350 (1997), 273; BMJ 315 (1997), 205. Another case of a doctor who wrote letters to a patient disclosing medical misadventure on them is BMJ 315 (1997), 10. The South African Truth Commission has asked doctors to account for their actions under apartheid, BMJ 314 (1997), 1850.

The Council of Europe Bioethics Convention and explanation are reprinted in KIEJ 7 (1997), 259-90. A book review on Montgomery, J., Health Care Law, is in BMJ 315 (1997), 615; Lancet 350 (1997), 374-5. The future of professions is discussed in BMJ 315 (1997), 382. On scientific expert witnesses in courts, Nature 389 (1997), 635; SA (Oct. 1997), 32, 34; and also for psychologists, NS (23 Aug. 1997), 16-7.

Ireland introduced a tough negligence law, Lancet 350 (1997), 421; and on the topic, BMJ 315 (1997), 614, 688. A pharmaceutical company has paid US$100 million in damages to 5 million patients who took the drug Synthroid, because they withheld data, Nature 389 (1997), 703. Some crazy lawyers [maybe the buyers are!] have been selling property on other planets or the moon!, NS (30 Aug. 1997), 3.

The text of the UNESCO Universal Declaration on Human Genome and Human Rights is in this issue of EJAIB. A number of commentaries have been made on the Declaration and its unanimous adoption by the UNESCO General Conference, including, Nature & Resources 33 (No. 2, 1997), 1. UNESCO Sources 94 (Oct 1997) includes some papers on bioethics by members of the UNESCO IBC, including Knoppers, Lenoir, Macer, and others including S. Thomas, S. Boukhari, S. Williams. Other comments on the UNESCO Declaration are in NatMed 3 (1997), 1056; Nature 390 (1997), 110; Science 278 (1997), 23.

On medical oaths, Crawshaw, R. "Cautionary note on reforming medical oaths", BME 133 (1997), 13-4; BMJ 315 (1997), 1671-4. The WMA is promoting human rights and democracy also, Lancet 350 (1997), 1530. The UK will develop a new NHS charter, BMJ 315 (1997), 971; and Clinton has proposed a patient's bill of rights, BMJ 315 (1997), 1399.

Cost of malpractice protection are rising in the UK, CMAJ 157 (1997), 940-1; BMJ 315 (1997), 1177, 1674-80. A gynecologist has been found guilty of removing ovaries without consent, BMJ 315 (1997), 832. There has been a 15%-20% annual rise in the cost of claims, and litigation costs for the National Health Service are rapidly increasing. On law in medicine, NEJM 337 (1997), 1240-1, 1436-40. Trends in India are reviewed in Menon, NRM. "Medical negligence liability: Emerging trends in Indian Law and Practice", Law and Medicine 3 (1997), 5-16. There is an inquiry into Indian cancer deaths from women who did not have access to cervical cancer treatment from an unethical trial, Nature 390 (1997), 653. Italy has a new ethical code, JME 23 (1997), 239-44. On insanity defense, Lancet 350 (1997), 1638. On clinical audits, BMJ 315 (1997), 1327, 1369-70. Canada is introducing a law that demands whistle-blowing, Lancet 350 (1997), 1376; and in the UK gagging clauses have been outlawed, BMJ 315 (1997), 836, 1232.

A review paper is Annas, GJ. "A national bill of patients' rights", NEJM 337 (1998), 695-9. On bioethics and human rights, JLME 25 (1997), 295-306. Bioethics Commissions are discussed in Scope Notes 34, KIEJ 8 (1998), 91-109. In New Zealand the government has accepted the right of soldiers used as test subjects on ships near British nuclear bomb detonations at Malden and Christmas Islands to receive war pensions, Christchurch Press (31 March 1998), 3.

A discussion of efforts to maintain standards in British and Canadian medicine by a regulatory body is BMJ 316 (1998), 697-700. The UK MRC has issued guidelines for clinical trials, BMJ 316 (1998), 883; and on the GMC, BMJ 316 (1998), 946 A book review of Millenson, ML. Demanding Medical Excellence: Doctors and Accountability in the Information Age (Univ. Chicago Press, 1997, ISBN 0-226-52587-2) is in NEJM 337 (1998), 845. A paper suggesting hard cases make bad law is JME 23 (1997), 341-3. The US Supreme Court has ruled that men can sue for sex harassment, Time (16 March 1998), 46.

A study of young doctors found most medical errors were not due to working long but rather inexperience and ignorance, Lancet 351 (1998), 804. On medical negligence, BMJ 316 (1998), 804. Cameras are becoming emergency room physicians' courts' allies, CMAJ 158 (1998), 1181-2.

Nineteen countries in Europe signed a protocol to the Council of Europe's Bioethics Convention forbidding any attempt to clone human beings, and another 4 protocols are still planned, on organ transplantation, protection of the human embryo and fetus, genetics, and medical research, BME 134 (1998), 3-5. The countries that signed on 12 January, 1998, were Denmark, Estonia, Finland, France, Greece, Iceland, Italy, Latvia, Luxembourg, Moldova, Norway, Portugal, Romania, San Marino, Slovenia, Spain, Sweden, Turkey, and Macedonia. Both the UK and Germany are yet to sign the main Convention.

On ethical codes and genetics in China, NatGen 18 (1998), 18. The World Medical Association Declaration of Hamburg, and Declaration with guidelines for continuous quality improvement in health care, adopted Nov. 1997, is in BME 134 (1998), 9-11. A book review of Dworkin, RB. Limits - The Role of the Law in Bioethical Decision Making (Indiana Univ. Press, 1996, 205pp.) is in CQHE 7 (1998), 108-11. A Bill of Rights has been sent to President Clinton to sign, JAMA 279 (1998), 7-8. On medicine and human rights, Lancet 351 (1998), 425, 441-2. On burden of proof in medical court cases, MJA 168 (1998), 84-7.

The Tokyo High Court on 9 Feb. 1998 awarded the family of a Jehovah's Witness Y550,000 from the central government and 3 doctors because she received a blood transfusion against her will, at an affiliated hospital of Tokyo University in Sept. 1992; Japan Times (10 Feb. 1998), 2. The court decision said if there was a clear contract there was no problem not to transfuse, and the court blamed the doctors, ruling "Every human being is doomed to die someday and the process toward that moment of death can be decided by each individual". On consent for transfusion, BMJ 316 (1998), 397. A report from the ongoing court case in Tokyo of 108 Chinese family members of victims of Unit 731 is Japan Times (19 Feb. 1998), 3.

There has been a call for the reform of Institutional Review Boards (IRBs) in the USA, NS (20 June 1998), 3; Science 280 (1998), 1688, 1830-1;GenEng News 18 (July 1998), 1, 15, 47; Nature 393 (1998), 610; BMJ 316 (1998), 1849. A review paper is Edgar, H. & Cruz-Coke, R., "Ethical considerations regarding access to experimental treatment and experimentation on human subjects", pp. 25-44 in pp. 1-24 in Proceedings of the Fourth Session of the UNESCO International Bioethics Committee, October 1996, Vol. 1 (Paris: UNESCO 1997). The new UNESCO IBC is still being decided, Nature 393 (1998), 854.

A collection of 55 opinions and recommendations in one book is French National Consultative Ethics Committee for Health and Life Sciences, Opinions, Recommendations, Reports 1984-1997 (Publisher: Biomedition, 18 rue Camille Desmoulins, 92300 Levallois-Perret, France, ISBN 2-9511924-0-1, 552pp., FF470, US$94+postage). A discussion of Dr. Hiroo Imura who now heads the STA Council for Science and Technology (and thus also the Bioethics Advisory Committee) is Science 280 (1998), 1828-9. On the Helsinki guidelines, BME 136 (March 1998), 1-4. Germany has a new ethics code for scientists, Science 280 (1998), 831. A discussion of the Nuremberg Code and Hippocratic ethics is Lancet 351 (1998), 974-7.

The UK General Medical Council has ruled that a physician failed to get express parental consent for balloon-catheter dilatation of a stent during cardiac catheterisation and this was serious misconduct, Lancet 351 (1998), 966, 1592; BMJ 316 (1998), 955. The GMC also ruled against 2 doctors for continuing to perform cardiac procedures despite an unacceptable death rate in what is called the Bristol case, Lancet 351 (1998), 1525-6, 1669, 1707; BMJ 316 (1998), 1685-7, 1691, 1917-8, 1924-5. A letter claiming that the UK NHS does not need a declaration of human rights is BMJ 316 (1998), 1020-1. A Florida doctor is being investigated over experimental treatment, BMJ 316 (1998), 1041. On disciplinary action in the USA, JAMA 279 (1998), 1889-93. The question of compensation is discussed in NS (7 March 1998), 3.

A series of papers on medical law are in a special issue of IDHL 49 (1998), 1-296. Self-regulation of pharmaceutical representatives is analyzed in Int. J. Health Sciences 28 (1998), 269-80.

A series of 7 papers on the theme of Law, Medicine and Socially Responsible Research are in AJLM 24 (1998), 131-344. It includes papers on research with children, and consent and misconduct. There are deficiencies in US clinical trial protection, NatMed 4 (1998), 749; and patient's rights bill is backed by the Congress, Lancet 352 (1998), 381. 1998 is the fiftieth anniversary of the Declaration of Human Rights, JAMA 280 (1998), 462-4. However Amnesty International reports find many abuses continue, Lancet 351 (1998), 1940.

Further comments about the Bristol case are in Lancet 351 (1998), 1900-1, 1935; 352 (1998), 231-3. An editorial discussing the UK GMC is BME 139 (1998), 1; and on whether doctors should criticize each other, BME 139 (1998), 13-6. There is a view UK doctors can not be left to regulate themselves, NS (18 July 1998), 51. Two Scottish surgeons have been suspended, BMJ 317 (1998), 491. The safety of Australian general practice is reviewed in MJA 169 (1998), 67-8, 73-6. In 1997 several changes to the French laws on protection of persons participating in biomedical research were made, see IDHL 49 (1998), 341-2.

Forensic medicine and international justice in Yugoslavia is discussed in Lancet 351 (1998), 1956-7. The effectiveness of codes of conduct in business is discussed in Business Ethics European Review 7 (1998), 140-9. The question of whether health authorities should be involved in alternative medicine is discussed in NS (22 August 1998), 18-9.

On legal protection of patients, JLME 26 (1998), 89-99; BME 140 (1998), 13-8; and in experimental trials, Morin, K. "The standard of disclosure in human subject experimentation", J. Law & Medicine 9 (1998), 157-221. There are proposals to relax research on mentally disabled persons, Nature 395 (1998), 731. A discussion of a Maryland Bill that discusses research on persons not competent to consent is BME 141 (1998), 13-24. Legal issues in the use of public health screening programs in Australia are discussed in J. Law & Medicine 9 (1998), 348-54. A printed version of the listing of International Guidelines on Bioethics compiled by Sev Fluss that is on the Eubios www site has been published as a supplement to EFGCP News (Sept. 1998).

On the UK General Medical Council's decision on the Bristol case, BME 140 (1998), 3-5; BMJ 317 (1998), 811-6. Another GMC case against a gynecologist who showed "lack of care and judgment" is BMJ 317 (1998), 965. However, the GMC may be weakening in influence, BMJ 317 (1998), 964; Lancet 352 (1998), 1452. Clinical guidelines may not always be practical, BMJ 317 (1998), 858-61. A paper on the minimum standard of care is Teff, H. "The standard of care in medical negligence - moving on from Bolam?", Oxford J. Legal Studies 18 (1998), 473-84. Police arrested the president and six employees of a medical clinic in Tokyo for suspected illegal treatment of up to 500 cancer patients with lymphocytes for ten years, Lancet 352 (1998), 1368.

There are a series of papers on the 50th anniversary of the Universal Declaration of Human Rights in Political Science and Politics 31 (1998), 505-34. See also Lancet 352 (1998), 1401. Human rights causes are discussed in Science 281 (1998), 216-8. A discussion of whether expert witnesses who are engineers should meet the same standards as scientists is Science 281 (1998), 1578.

On the UN general assembly approval of the Universal Declaration on the Human Genome and Human Rights, Nature 396 (1998), 297. A series of papers from a 1997 IALES Conference on Human Rights, Bioethics and health in English or French is in IJB 9 (No. 3, 1998), 9-98. The overview is Byk, C. "The history of the right to health as a human right", IJB 9 (No. 3, 1998), 15-31; Annas, GJ. "Human rights and health - The Universal Declaration of Human Rights at 50", NEJM 339 (1998), 1778-81. Follow-up to the Nuremberg Code in bioethics and the Freiburg project is discussed in IDHL 49 (1998), 549-57. Also on human rights, Lancet 352 (1998), 1800; BMJ 317 (1998), 1393; Science 282 (1998), 2294.

There has been much discussion of human research ethics, and research ethics committees in the UK and the USA, Moreano, J. et al. "Updating protections for human subjects involved in research", JAMA 280 (1998), 1951-8; BME 143 (1998), 3-11. The statements from a recent Canadian report are, Research Councils of Canada, "Ethical conduct for research involving humans", BME 143 (1998), 13-9; and on US guidance for IRBs, BME 143 (1998), 20-4. On clinical guidelines, Lancet 352 (1998), 1876; NEJM 339 (1998), 1705+. Several papers celebrating the ten year's anniversary of the Cartwright Inquiry in New Zealand are on research ethics, Otago Bioethics Report 7 (no. 3, 1998), 1-8, 11-12. The impact of medical and human rights abuses revealed by the South African Truth and Reconciliation Commission is discussed in Lancet 352 (1998), 1852-4. Self-regulation of doctors and the Bristol case is discussed in Lancet 352 (1998), 1566-7, 1626; MJA 169 (1998), 352-3, 369-72; BMJ 317 (1998), 1325, 1539-40, 1577-82, 1592-3, 1600-1, 1659-60. Some jails and prisons have doctors who have been convicted of misconduct, JAMA 280 (1998), 1387-92. UK surgeons may undergo performance review every 5 years, BMJ 317 (1998), 1173. On nursing guidance, BMJ 317 (1998), 1403-4.

A survey in the UK found that few patients are aware of the patient's charter that started in 1991, BMJ 317 (1998), 1543. The UK is to limit legal aid in medical negligence cases to specialist lawyers, BMJ 317 (1998), 1338. Prevention of medical error is called for in JAMA 280 (1998), 1444-7; NEJM 339 (1998), 1561-2; BMJ 317 (1998), 1615, 1665. Malpractice cases with alternative medicine are difficult, JAMA 280 (1998), 1610-5. A Barcelona surgeon has been accused of letting a nurse operate, BMJ 317 (1998), 1273. On medical law, JAMA 280 (1998), 1633-4. The question of whether physicians should accept gifts from patients is discussed in JAMA 280 (1998), 1944-6.

In January, 1999 in Japan, Yokohama City University Hospital was guilty of a patient swap, and two persons had each others operatios performed, with one receiving an artificial heart valave in replace of his normal one. The doctor said that under anesthetic the patient face looked the same. From now that hospital will write patient names on their feet. They apparently do not use identification bracelets!

A series of papers on human rights and health in French from the 1997 IALES-CIOMS Conference is IJB 9 (1999), 9-98. A review is Byk, C. "The history of the right to health as a human right", IJB 9 (1999), 15-32. On revisions to the Helsinki Declaration, BME 146 (March 1999), 3-5. Patient rights are discussed in JAMA 281 (1999), 856-61. Clinical guidelines are discussed in BMJ 318 (1999), 527-30, 593-6, 661-4. In Japan prisoners are still denied many human rights, Lancet 353 (1999), 922. There is also much concern over the lack of accountability for medical malpractice, Japan Times (23 March 1999), 2. A letter on Jehovah's witnesses and blood transfusion is Lancet 353 (1999), 757-8.

A new book is Kennedy I, Grubb A, eds. Principles of Medical Law. Oxford: Oxford University Press, 1998. Risk-related competence standards are debated in Bioethics 13 (1999), 131-59. Tissue damage is the most common cause of surgical negligence suits, BMJ 318 (1999), 692. A report on secret out-of-court settlements in drug-injury cases is Lancet 353 (1999), 517-8. A review paper on the use of peer-review to improve US physicians performance is AJLM 25 (1999), 7-60; and on performance standards in general, Lancet 353 (1999), 1174-7; BMJ 318 (1999), 482, 887-8; JAMA 281 (1999), 217-9. Reporting medical mistakes and misconduct is discussed in CMAJ 160 (1999), 1323-4. South Korea is attempting to crack down on medical corruption, BMJ 318 (1999), 692. On the Bristol affair, BMJ 318 (1999), 348, 1009-11; Lancet 353 (1999), 987.

Several papers on the role of the Universal Declaration of Human Rights in national medical policies are in Health & Human Rights 3 (1999), 126-42, 144-58, 160-175; Lancet 353 (1999), 1626. An editorial on the trend to write guidelines for medicine is BME 147 (1999), 1; and on clinical practice guidelines, JAMA 281 (1999), 1900-5, 1950-1. The WMA has proposed some revisions to the Declaration of Helsinki, see BME 147 (1999), 18-22; Lancet 353 (1999), 1888.

The US government has settled out of court over radiation experiments on cancer patients, NS (22 May 1999), 12. There are some recriminations of the unethical malaria trials that were conducted in Australia in World War II in Lancet 353 (1999), 1597; BMJ 318 (1999), 1233.

There have been witnesses disputes at the Bristol Inquiry, Lancet 353 (1999), 1373, 1776. England and Wales have introduced a new system for medical negligence claims, BMJ 318 (1999), 1165. New rules for expert witnesses in the UK are discussed in BMJ 318 (1999), 1365-6; Lancet 353 (1999), 1380. In general on law, IDHL 50 (1999), 144-6. Direct to consumer advertising of prescription drugs is common in the USA but not in the UK, BMJ 318 (1999), 1301-2.

The revision of WMA guidelines is discussed in BME 149 (1999), 1-2; NatMed 5 (1998), 598; and there are numerous comments on Revising the Declaration of Helsinki in BME 150 (August 1999), 1-44. Ethics of research in developing countries is discussed in Lancet 354 (1999), 343; BMJ 319 (1999), 438-41. A book including 59 codes of ethics is the 4th edition of Codes of Professional Responsibility: Ethics Standards in Business, Health and Law (BNA Books, 1999). Duke University had its NIH license to conduct human research suspended for several days because of ethical issues, NatMed 5 (1998), 591. On protecting child patients, FDA Consumer (May 1999), 23-8. There has been a change in the power of attorney law in the UK, BMJ 319 (1999), 211. The US Senate has passed a patient's bill of rights, Lancet 354 (1999), 316. On the GMC, BMJ 318 (1999), 1510.

On the use of science in courtrooms, HCR 29 (May-June 1999), 26-7; Lancet 353 (1999), 2076; NS (3 July 1999), 18-9. On medical malpractice and patient complaints, MJA 170 (1999), 404-5, 576-7, 598-602; 171 (1999), 8-9; Lancet 354 (1999), 685; BMJ 318 (1999), 1439, 1567-8, 1596-9, 1719; JAMA 281 (1999), 2176. Italian doctors have defended themselves against two recent cases, Lancet 354 (1999), 495. The Bristol trust has admitted liability in one of the baby heart surgery cases, BMJ 319 (1999), 213; and there is another inquiry started, Lancet 354 (1999), 489.

Human rights codes for multinationals are assessed in Oxford J. Legal Studies 19 (1999), 167+. The legacy of the late Jonathan Mann in a book he edited is discussed in Lancet 354 (1999), 81. Medicine and international humanitarian law is discussed in BMJ 319 (1999), 393-4. A book on the writing of the UNESCO Declaration is available from UNESCO, Birth of the Universal Declaration on the Human Genome and Human Rights (UNESCO, Division of the Ethics of Science and Technology of UNESCO, 1999, 170pp.). A paper in Italian on the Universal Declaration of Human Rights is Bioetica & Cultura VIII (1999), 9-22. Several papers in English and French on the Declaration are in IJB 10 (March-June 1999), 9-92. They include, Dickens, B. "Vulnerable persons in biomedical research: 50 years after the Nuremberg Code", IJB 10 (March-June 1999), 13-24. There are also two papers on educating human rights to physicians. A conference report on revising the Declaration of Helsinki is BME 151 (1999), 13-7. The WMA postponed a decision on whether to revise the Declaration of Helsinki, Lancet 354 (1999), 928. Also on human rights, AJPH 89 (1999), 1486-96, 1509-13; Modern Law Review 62 (1999), 671-96; JAMA 282 (1999), 1034-5; AJPH 89 (1999), 1591. A US bill of patient rights has passed the US Congress, BMJ 319 (1999), 1021.

The fourth edition of Gorlin, R., ed., Codes of Professional Responsibility: Ethics Standards in Business, Health, and Law (Bureau of National Affairs, 1999) is a work of 1149 pages. It surveys many codses of professional bodies in a wide range of subjects from United States. It includes contact details for the organizations also. One would hope that an International version covering all countries could be developed, and from the breadth of this work, that would be immense.

The Canadian Tri-Council Policy Statement on the Ethics of Research Involving Humans is discussed, along with other policy questions in NCEHR Communique News 9(2)/10(1) (Spring/Fall 1999), 1-20. A review of the Alberta Protection for Persons in Care Act is Health Law Review 8 (1999), 22-31. A summary of a talk by Harold Shapiro of the NBAC in which he warns that "moral certainty" threatens science is Probe 8 (Dec. 1999), 6. There has been debate in the UK over claims that some doctors do not like patients who fail to allow their children to be vaccinated, BMJ 319 (1999), 791. Conflict resolution is discussed in Levinson, W. et al. "Resolving disagreements in patient-physician relationship", JAMA 282 (1999), 1477-83. A study of why child heart operations go wrong is BMJ 319 (1999), 729, 803; anmd on audit, BMJ 319 (1999), 654-5. Healthcare fraud is discussed in JAMA 282 (1999), 1163-8, 1179-81; FDA Consumer (Nov. 1999), 22-6. A London medical professor was struck off for bullying and dishonesty, BMJ 319 (1999), 801, 938. The use of guidelines is discussed in JAMA 282 (1999), 984-6, 1458-65; BMJ 319 (1999), 705, 1078. Self-regulation is debated in BMJ 319 (1999), 585, 804, 1022; MJA 171 (1999), 399-400. Several South African medical doctors want to investigate other doctors who were involved in the former bioweapons program, BMJ 319 (1999), 594. On forensic medicine witnesses, Nature Medicine 5 (1999), 979-81.

A discussion of how UNESCO can help protect human rights is Taylor, AL. "Globalization and biotechnology: UNESCO and an international strategy to advance human rights and public health", AJLM 25 (1999), 479-542. The proposals from the IALES resulting from the Conference held in Bratislava 25-26 June, 1999, are in IJB 10 (1999), 89. The English translation of the Medical Research Involving Human Subjects Act (Netherlands) is in BME 152 (1999), 13-8. Letters on whether the Declaration of Helsinki should be revised are in NEJM 341 (1999), 1851-3; and a paper on the US rules, Woodward, B."Challenges to human subject protections in US medical research", JAMA 282 (1999), 1947-52, 1963-5. A revised edition of the International Guidelines on Bioethics by SS Fluss has been published as a Supplement to EFGCP News (Dec. 1999 24pp.) (see earlier version on Eubios www site). A book review of Welsome, E. The Plutonium Files: America's Secret Medical Experiments in the Cold War (NY: Dial Press, 1999, 580pp.) is NEJM 341 (1999), 1941-2.

Medical errors kill about 98,000 people in the USA each year, Time (13 Dec. 1999), 38-40; BMJ 319 (1999), 1519. Medical malpractice is discussed in Vandebilt Law Review 52 (1999), 1131-64; BMJ 319 (1999), 1314-5. Risk of legal action in telemedicine is analyzed in MJA 171 (1999), 563-5. Trends in health law in the USA are reviewed in Syracuse Law Review 49 (1999), 553-8; and in New Zealand, New Zealand Law Review (1999), 337-53. In general on human rights, Lancet 354 (1999), 2075-6; BMJ 319 (1999), 1569-71. A series of papers on the future of punishment is in UCLA Law Review 46 (1999), 1719-1940. Forensic medicine is discussed in BMJ 319 (1999), 1316-7. In the UK doctors who diagnose child abuse are being harassed, BMJ 319 (1999), 1376-7.

The UNDP/World Bank/WHO Special program for Research and Training in Tropical Diseases has released a draft of "Operational Guidelines for Ethics Committees that review biomedical research; Lancet 355 (2000), 70. On the role of IRBs, JAMA 283 (2000), 729-30. Discussion of the future of Nuremberg inspired ethical guidelines is Public Health 113 (1999), 205-10. Practice guidelines are discussed in Lancet 355 (2000), 103-6, 82. Human rights from a Buddhist perspective is discussed in Hershock, PD. "Dramatic intervention: Human rights from a Buddhist perspective", Philosophy East & West 50 (2000), 9-33. On human dignity as a legal value, Public Law (1999), 682-702.

The Shipman case which saw a UK doctor convicted on 15 counts of murder on 1 February, 2000, is discussed in Lancet 355 (2000), 421, 471; BMJ 320 (2000), 329-31. The Bristol inquiry is being broadened to more general questions of performance, BMJ 320 (2000), 9. A top UK epidemiologist has been suspended following complaints, Nature 403 (2000), 353. In Ireland a doctor who was suspended for spending too long with patients has had much public support, Lancet 355 (2000), 295. A Scottish case of a surgeon who amputated healthy limbs is discussed in Lancet 355 (2000), 476.

Legal jeopardy from clinical trials in psychopharmacy is discussed in BME 153 (1999), 13-8. ERISA litigation and physician autonomy is discussed in JAMA 283 (2000), 921-6. Reducing risks of malpractice suits is discussed in MJA 172 (2000), 77-80; NEJM 342 (2000), 280-3.
An analysis of the ethics at Nuremberg is Pellegrino ED. & Thomasma, DC. "Dubious premises - Evil conclusions: Moral reasoning at the Nuremberg trials", CQHE 9 (2000), 261-74. A briefing on international research ethics is Bioethics 14 (2000), 158-72. A discussion of women's rights in the US Patient Bill of Rights is AJLM 26 (2000), 89-108. The Medical Research Act 1999 of Finland is in BME 155 (2000), 7-11. A document from the UK Royal College of Pediatrics and Child Health "Safeguarding informed parental involvement in clinical research involving newborn babies and infants", BME 154 (2000), 8-11. Research responsibility in developing countries is discussed in NEJM 342 (2000), 967-9. On the future of the Helsinki Declaration, HCR 30 (Jan. 2000), 6; MJA 172 (2000), 252-3, 292-5. Human rights are discussed in Lancet 355 (2000), 838, 840, 1167, 1285; SSM 50 (2000), 1171-5.

;There has been support and criticism of the IOM report on medical error, Kohn, LT. et al. To err is human: building a safer health care system. (National Academy Press, 2000); see JAMA 283 (2000), 1742-3; Lancet 355 (2000), 994; NEJM 342 (2000), 1123-4; BMJ 320 (2000), 465, 597; Probe VIII (1 March 2000), 1, 4-6. They estimated that between 44-98,000 persons die each year from medical mistakes. A review is Mohr, JC. gAmerican medical malpractice litigation in historical perspectiveh, JAMA 283 (2000), 1731-7. The cost of malpractice insurance is increasing in Canada, BMJ 320 (2000), 601. A call for public release of performance data is JAMA 283 (2000), 1866-74, 1884-6. Reducing medication errors is discussed in papers in CMAJ 162 (2000), 1150-1; BMJ 320 (2000), 725-730, 737-796; Lancet 355 (2000), 932, 947-8; JAMA 283 (2000), 1287-9. A German case involving 300 unnecessary masectomies is discussed in BMJ 320 (2000), 597. A study of mistakes in child heart surgery is Lancet 355 (2000), 1004-7.

;A paper from a UK law case is Stauch, M. gTaking the consequences for failure to warn of medical risksh, Modern Law Review 63 (2000), 261-8. An Australia case, Chappel v. Hart is reviewed in MJA 172 (2000), 134-6. The epidemiology of medical error is discussed in BMJ 320 (2000), 774-6. A US study found that eliminating compensation for pain and suffering from whiplash injury leads to improved prognosis and decreased incidence of whiplash!, NEJM 342 (2000), 1179-86. A UK survey has found doctors are too optimistic in prognosis for terminally ill patients, Christakis, NA. & Lamont, EB. gExtent and determinants of error in doctorsf prognoses in terminally ill patients: prospective cohort studyh, BMJ 320 (2000), 469-73.

Discussion of the UK General Medical Council is in BME 154 (2000), 1; BMJ 320 (2000), 466, 822, 890. A review of one response to medical error is Flood, CM. "New Zealand's no-fault accident compensation scheme: Paradise or panacea?", Health Law Review 8 (Winter 1999/2000), 3-10. Liability for quality of medical care is discussed in AJLM 26 (2000), 7-30, 69-88. Letters on the reasons why physicians do not always follow clinical practice guidelines are in JAMA 283 (2000), 1685; MJA 172 (2000), 287-91. On the role of scientific experts in court, Lancet 355 (2000), 1077. The Dr. Shipman murder case in the UK is discussed in BMJ 320 (2000), 401; and the Dr. Swango case in NEJM 342 (2000), 1057.

A report from is Segota, I. "The first Code of Ethics of Croatian Nurses", IJB 11 (March 2000), 47-52. A comparison between UK and New Zealand on disciplinary procedures for MDs is Dispatches 10 (May 2000), 2-9. The GMC is seeking help to deal with more cases, BMJ 320 (2000), 1356, 1411, 1415; also on revalidation, Lancet 355 (2000), 2229; BMJ 320 (2000), 1490, 1623. A study of cancer screening as a cause of litigation is BMJ 320 (2000), 1352-3; and on necropsy errors, Lancet 355 (2000), 2027-31; and missed cardiac ischemia, NEJM 342 (2000), 1163-70. There have been claims that the US Institute of Medicine's report on Medical Errors has errors, Probe 8 (May 2000), 3. The UK case of Dr. Ledward struck off the medical register for mistakes is Lancet 355 (2000), 2144; BMJ 320 (2000), 1557. On the Shipman case, BMJ 320 (2000), 1271-74.

A report in the UK on the retention of children's organs has been blamed on doctors arrogance, BMJ 320 (2000), 1359. In general on medicine and the law, JAMA 283 (2000), 2775-6; NEJM 342 (2000), 1756-8; JAMA 283 (2000), 2837-41, 2979-84, 3118-22; BMJ 320 (2000), 1567-71; SA (May 2000), 32-4. Elimination of payments for whiplash injury has led to improved recovery in the USA, NEJM 342 (2000), 1179-86.

A critique of the proposed US patient rights bill(s) is NEJM 342 (2000), 1663-4. A copy of the proposed revisions to the Declaration of Helsinki is in BME 158 (2000), 9-11; see also NatMed. 6 (2000), 615-7. A report from Beijing after 5 years on women's rights is Reproductive Freedom News (May 2000), 2. Legal proceedings against Dr. Basson in South Africa who led the biowarfare program are reported in BMJ 320 (2000), 1426. On human rights, AJPH 90 (2000), 693-4.

In the University of Tsukuba, Japan, there have been several recent cases involving medical ethics issues and legal suits. One case involved the revealing of terminal cancer diagnosis in a foreign professor to the head of a department so that they did not renew the employment contract to that person. In August 2000 two reports, one of a mistake involving removal of lung from a patient who was mistakenly operated on, believed to be another person; and another where a baby was given 10 times the dose of a medicine against MRSA and had to have their fingers removed from one hand as a consequence of reaction to the overdose of medication (Yomiuri Shimbun (26 August 2000), 33). Japan is planning to monitor medical mishaps more, BMJ 321 (2000), 69; Lancet 356 (2000), 54.

On overcoming medical errors, Lancet 356 (2000), 166-7; JAMA 284 (2000), 93-7; Australasian Science (July 2000), 36-9. In general on the future of law and medicine, AJLM 26 (2000), 135-294. There is some dissatisfaction with the GMC in the UK, BMJ 321 (2000), 11, 61, 69, 111, 123, 133, 245; Lancet 356 (2000), 145. On a surgeon who was struck off in Canada but allowed by the GMC to practice in the UK, Lancet 356 (2000), 403; BMJ 321 (2000), 258, 321. A report on medical disciplinary proceedings in New Zealand is Dispatches 10 (May 2000), 2-7. The US Supreme Court has bars lawsuits against HMOs, BMJ 321 (2000), 1688. Self-policing is suggested for US university clinical trials, Nature 406 (2000), 7. The University of Oklahoma has been stopped from clinical research following breaches there, BMJ 321 (2000), 195.

On human rights, Fabre, C. "The dignity of rights", Oxford J. Legal Studies 20 (2000), 271-82; JAMA 284 (2000), 618-9, 628-9. On capital punishment, Newsweek (3 July 2000), 2, 33.

The UK Siamese conjoined twins, Jodie and Mary have been separated leading to the death of one. There has been much ethical debate before and after, BME 160 (2000), 1; 161 (2000), 17-24. Ethical codes for research on children are discussed in New Zealand Bioethics J. 1 (Oct. 2000), 3-9; Dispatches 10 (Oct. 2000), 2-5. On the making of medical decisions for a seriously sick child, BME 161 (2000), 13-16. Right to health are discussed in Lancet 356 (2000), 1433-6; BMJ 321 (2000), 780-1. On a patientfs bill of rights, NEJM 343 (2000), 1267-8; Lancet 356 (2000), 1186-8, 1501.

Clinical research is also discussed in the section on General Medical Ethics. Revised Helsinki Declaration is discussed in Science 290 (2000), 418-9; Lancet 356 (2000), 1123, 1336; BMJ 321 (2000), 913. Also on placebos, NS (2 Sept. 2000), 16-7; NEJM 343 (2000), 808-10. Legal regulation of doctors in Croatia is reviewed in Lancet 356 (2000), 1349-50. India has published ethical guidelines for biomedical research, Lancet 356 (2000), 1502.

The GMC is discussed in Lancet 356 (2000), 1338; BMJ 321 (2000), 725, 918. Medical errors are discussed in FDA Consumer (Sept. 2000), 14-8; JAMA 284 (2000), 827-9, 891-2, 2175-7, 2187-8; MJA 173 (2000), 247-51, 384-6; BMJ 321 (2000), 505-9, 1278; Lancet 356 (2000), 773, 1212. Professionalism is discussed in NEJM 343 (2000), 739-40; and liability, NEJM 343 (2000), 592-6. Drug compensation is being discussed in Ireland, Lancet 356 (2000), 1176. Abbott Laboratories has been sued for alleged fraud, NatMed. 6 (2000), 948. In Italy medical negligence is a crime, Lancet 356 (2000), 1268-9; while in Spain they avoid lawsuits, Lancet 356 (2000), 1266-7. On medicine at the European Court of Justice, Lancet 356 (2000), 1514-6. Publication of physician performance data may be useful to change physician behavior, JAMA 284 (2000), 1079-80; BMJ 321 (2000), 587. The Shipman Inquiry will be held in public and may involve 200 patient deaths, BMJ 321 (2000), 784.

The Indian Council of Medical Research has released voluntary guidelines on conducting clinical trials, Science 290 (2000), 919. The US NBAC has advised the government to spend more to allow broader oversight to protect research subjects, Nature 409 (2001), 6; NatBio 18 (Dec. 2000), 1237. Comments on the revised Helsinki Declaration are in BME 162 (2000), 8-11; JAMA 284 (2000), 2983-5, 3043-6; Science 290 (2000), 418-9. On research ethics, Lancet 357 (2001), 52; Nature 408 (2000), 630. Commercial access to clinical trial data is discussed in Science 290 (2000), 1063.

There has been concern expressed over the delay in the French bill of rights< for patients, Lancet 356 (2000), 1584. The Hippocratic Oath is discussed in JAMA 284 (2000), 2841-2.

A review of medication errors that have led to manslaughter charges is BMJ 321 (2000), 1212-6. On the role of courts, BMJ 321 (2000), 1282-4. The UK GMC has reviewed the burden of proof in misconduct cases, BMJ 321 (2000), 1176, 1220. On the GMC, BMJ 321 (2000), 1490-1. A case of a Japanese nurse who murdered patients is discussed in Time< (22 Jan. 2001), 17; and on Shipman who may have murdered 300 patients, BMJ 321 (2000), 1594-7.

A series of 6 papers from a Symposium held on Human Subjects Research and the Role of Institutional Review Boards - Conflicts and Challenges, is JLME 28 (Winter 2000), 329-404. Three papers (in Japanese) on IRBs in conducting clinical research in Japan are in Clinical Evaluation 28 (2001), 298-310. Questions on what happens in failed clinical trials are discussed in MJA 174 (2001), 144-6; JAMA 285 (2001), 437-43. Bogus enrolment in clinical trials is also occurring, JAMA 285 (2001), 293. A call to strengthen the Declaration of Helsinki is BMJ 322 (2001), 299-300. The FDA is uneasy about the placebo provision in the Helsinki Declaration, NatMed. 7 (2001), 7. The US Dept. Health and Human Services has announced tighter controls for drug trials in developing countries, Nature 409 (2001), 547. The Nigerian government is investigating allegations of unethical drug trials by Pfizer, Lancet 357 (2001), 129; BMJ 322 (2001), 194. A study of African-American views on the Tuskegee syphilis study is SSM 52 (2001), 797-808.

Lessons from the Harold Shipman murder case are discussed in Lancet 357 (2001), 82-3, 123-4; BMJ 322 (2001), 67. A Japanese nurse has also been involved in murders, Lancet 357 (2001), 127. The UK has announced a National Clinical Assessment Authority to monitor performance of doctors, BMJ 322 (2001), 66; also p. 127. Monitoring physicians performance is also important in regular cases too, as seen in the Alder Hey Hospital case in Liverpool, UK, where children's dead bodies had organs removed without consent, BMJ 322 (2001), 255, 309-10, 320. On the UK GMC, BMJ 322 (2001), 258, 358-60.

Preventing medical errors and malpractice are discussed in BMJ 322 (2001), 247-8, 257; NEJM 344 (2001), 389-90; Lancet 357 (2001), 128. The US company HCA has agreed to pay US$840 million in fines in a health fraud case in the USA, BMJ 322 (2001), 10. A report from North Korea suggests many unethical practices, and also poverty, Lancet 357 (2001), 289.

A paper from Canada is Jackman, M. "Constitutional jurisdiction over health in Canada", Health Law J. 8 (2000), 95-120. On ethe ethics of research on children, Dispatches 10 (Oct. 2000), 2-5. On the ethics of torture, Turkish J. Med. Ethics 8 (2000), 83-9. Papers on bioethics and health law in New Zealand are in New Zealand Bioethics J. 2 (2001), 3-8. Nepal has produced guidelines for ethics of healthcare research, BME 165 (Feb. 2001), 6-7.

A new book is Levine, RJ. And Gorovitz, eds. Biomedical Research Ethics: Updating International Guidelines. A Consultation (Geneva: WHO 2000, 295pp.). On the Helsinki Declarationc revisions, Nursing Ethics 7 (2000), 439-50. There is investigation of BioPulse International over cancer therapy trials in the USA and Mexico, NatBio 19 (2001), 289. On the ethics of phase 1 clinical trials in cancer, HCR 30 (July 2000), 34-43.

The US National Bioethics Advisory Committee has released its three volume report, Ethical and Policy Issues in International Research: Clinical Trials in Developing Countries. It is also available on their www site. The main report, 138 pp., is an important document to provide good ethical standards for ethics research between US researchers and persons in other countries. See reports in Lancet 357 (2001), 1506. A review of the Global Forum for Health Care Research meeting in Thailand is Issues in Medical Ethics 9 (2001), 63-4.

A discussion in Japanese of the Helsinki Declaration revisions and ethics, with a series of papers is Rinsho Hyoka (Clinical Evaluation) 28 (2001), 379-568. A discussion of US attempts to undermine Helsinki is BME 166 (2001), 10-11, 13-4; 167 (2001), 1; BMJ 322 (2001), 747-8. Early discontinuation of a trial may violate Helsinki guidelines, BMJ 322 (2001), 605-6. Recent UK draft guidelines for research and CIOMS draft guidelines are in BME 167 (2001), 13-19. On the roles and responsibilities of doctors doing research from the UK MRC, BME 166 (2001), 18-24. A comment on informed consent signatures is IRB Ethics & Human Research 23 (May 2001), 1-4. A summary of the IRB procedure is Pritchard, IA. "Searching for "Research involving human subjects", what is examined? What is exempt? What is exasperating?", IRB Ethics & Human Research 23 (May 2001), 5-13. Also on informed consent, NatMed. 7 (2001), 519. The FDA established the Office for Research Trials, NatMed. 7 (2001), 646; see also Science 292 (2001), 1466-7.

The use of presumed consent for emergency neonatal research is discussed in JME 26 (2000), 249-53. A review on assessment of psychiatric patientfs ability to give informed consent is Psychiatry & Clinical Neurosciences 54 (2000), 515-22. In the UK there are extra issues from the Human Rights Act, BMJ 322 (2001), 810-1, 848-50. In Europe there are questions if non-therapeutic research can be done for those who cannot give consent, Lancet 357 (2001), 818-9. Consent for children in New Zealand is discussed in Victoria University of Wellington Law Review 31 (2000), 551-76. Confiendtiality for children is discussed in Turkiye Klinikleri J. Medical Ethics 9 (2001), 7-12. On secrecy in research ethics committees, BMJ 322 (2001), 1294-6. In general on IRBs, JAMA 285 (2001), 2713-4.

A series of 8 papers on keeping human rights in bioethics is CQHE 10 (2001), 223-313. Also on human rights see 8 papers in Nursing Ethics 8 (2001), 177-271; The ICN Code of Ethics for Nurses is in Nursing Ethics 8 (2001), 375-9. On clinical practice guidelines, MJA 174 (2001), 211-2. The question of how to punish lawyers who lye on-line is discussed in J. Computer & Information Law 18 (2000), 875-914.

The US is debating a patientfs bill of rights, BMJ 322 (2001), 752; Lancet 357 (2001), 2033. Patientfs rights in eighteenth century England are discussed with the law of contract in Social History of Medicine 13 (2000), 381-410. The BMA has released a new handbook on human rights, BMJ 322 (2001), 1435-6. On the future of the UK GMC, BMJ 322 (2001), 671, 689-90, 792, 1196. In general on medical law, JAMA 285 (2001), 2251. Medical error and malpractice cases are discussed in BMJ 22 (2001), 501-2, 1189, 1236-40, 1421-5; JAMA 285 (2001), 2114-20, 3134-40; J. Health & Social Behavior 41 (2000), 333-46; Medical Law Review 8 (2000), 85-114; Nakajima, K. et al. gMedical malpractice and legal resolution systems in Japanh, JAMA 285 (2001), 1632-40. Ireland is discussing mechanisms to deal with expected increases in medical litigation, Lancet 357 (2001), 698. The UK Shipman inquiry will investigate 466 deaths, BMJ 322 (2001), 1201. A Dutch doctor found guilty of murdering a 84 year old dying patient has not been punished, BMJ 322 (2001), 509.

A paper discussing the disputes over the revision of the Helsinki Declaration and CIOMS codes is Weijer, C. & Anderson, JA., "The ethics wars. Disputes over international research", HCR 31 (May 2001), 18-20; see also, BMJ 323 (2001), 283-4. The question of justice in human subjects research is discussed in HCR 31 (May 2001), 8, 21; and protectionism in such research in HCR 31 (May 2001), 3, 9-17. A series of papers on ethical issues of health research in developing countries is in Pakistan J. Medical Ethics 4 (2001), 1-29; NEJM 345 (2001), 136-8, 139-42. The text of the European Union clinical trials directive is in BME 169 (June 2001), 13-24. On assessing the quality of clinical trials, BMJ 323 (2001), 42-6. Clinical guidelines are discussed in BMJ 323 (2001), 155-7. Indian doctors have been defending a controversial anticancer drug trial in India conducted in a joint study with John Hopkins University, BMJ 323 (2001), 299; Nature 412 (2001), 466.

A study on the failure to report ethical approval in child health research is BMJ 323 (2001), 318-9. On Japanese policy on mental illness and crime, Lancet 358 (2001), 305.

The US government-ordered suspension of clinical trails at the largest academic medical centre, John Hopkins University for three days in July, 2001, is discussed in Nature 412 (2001), 363; Science 293 (2001), 405-7, 587-8; BMJ 323 (2001), 299; Lancet 358 (2001), 213, 393. It was due to the death of a healthy 24 year old volunteer who inhaled a lung toxin, and the university has assumed full responsibility for this. There are other universities who also have had that shutdown following breaches of ethical review, NatMed. 7 (2001), 877; Nature 412 (2001), 361. On how US doctors are involved in insurance fraud, BMJ 323 (2001), 7. The US has passed a patient bill of rights in the House of representatives but there is much debate over the future of it, Lancet 358 (2001), 480.

A series of 8 papers responding to the US Institute of Medicine report on Medical Errors is in AJLM 27 (2001), 145-300. Hospitals in the USA have been told that they must inform patients of errors, BMJ 323 (2001), 9. It is difficult to estimate all medical errors, JAMA 286 (2001), 415-20. However collecting data is basic to investigating, BMJ 323 (2001), 298. The question of a no-fault medical compensation system is debated in JAMA 286 (2001), 217-23, 226-8.

There has been discussion of the report over the medical malpractice at Bristol in the UK following the release of the Kennedy report, BMJ 323 (2001), 179-83, 238; BME 169 (June 2001), 1, 3-8. Bristol medical students are now taking an oath, reproduced in BME 168 (May 2001), 5. The UK GMC has agreed to a new structure to reduce membership from 104 to 35 persons, BMJ 323 (2001), 250. On the medical records in Ireland for investigations, Lancet 358 (2001), 48, 246.

On public health and human rights, JLME 29 (Summer 2001), 121-40.

The US NBAC has released a report "Ethical and Policy Issues in Research Involving Human Participants", August 2001. See their web site. The question of a patients' bill of rights for Canada is discussed in CMAJ 165 (2001), 877. Surveys of professional guidelines are Baylis F, and Downie J "Professional recommendations: disclosing facts and values", JME 27 (2001), 20-4; Campbell A, Glass KC., "The legal status of clinical and ethics policies, codes, and guidelines in medical practice and research", McGill Law J 46 (2001), 473-89. On IRBs, Lemmens T, and Thompson A. "Non-institutional research review boards in North America: a critical appraisal and comparison with IRBs", IRB: A Review of Human Subjects Research 23(No.2, 2001), 1-12. A Canadian study is Elit L, et al. "Patterns of hospital administrative and ethical review practices", Annals RCPSC 34 (2001), 206-9. Aso on human trials, Nature 413 (2001), 457-8.

A group of Nigerian families has sued Pfizer over a 1996 clinical trial allegedly without informed consent, Lancet 358 (2001), 815. A Welsh surgeon has been charged with manslaughter over a kidney error in which the healthy kidney was removed instead of the diseased one, BMJ 323 (2001), 590. A criticism of the Worcestershire Health Authority in referring a doctor to the GMC who is administering alternative vaccines to patients who refuse combined MMR vaccine is BMJ 323 (2001), 356. On medical errors, BMJ 323 (2001), 459, 570-1; JAMA 286 (2001), 915-6, 1019, 1078, 1080-3. Medical litigation is discussed in BMJ 323 (2001), 575.

A court ruling against John Hopkins involving as study of the health effects of lead in homes has been issued, Science 293 (2001), 1567-8; BMJ 323 (2001), 531. Another case at that university, involving death of a person is discussed in Science 293 (2001), 1013; Current Biology 11 (2001), R629-30.

A report on the sudden deaths of a number of Croatian hemodialysis patients in October 2001 is in Croatian Medical J. 42 (2001), 606-10. The Croatian health minister resigned, Lancet 358 (2001), 1431. A series of 10 papers from a symposium on patient injury, medical errors, liability, and reform is in JLME 29 (2001), 250-394. A paper on the impact of privacy regulations upon malpractice claims is AJLM 27 (2001), 361-420. Criminal deterrence as a public health strategy is discussed in Lancet 358 (2001), 1717-22.

A paper looking at cultural memory of a major episode in bioethics history of the USA is Reverby, SM."More than fact and fiction: Cultural memory and the Tuskegee Syphilis Study", HCR 31 (Sept. 2001), 22-8. Comments on the death of patients at John Hopkins University are in BME 171 (2001), 3-7. The WMA has clarified rules on placebo controlled trials, BMJ 323 (2001), 825. On ethics versus research progress in the revised Helsinki Declaration, BMJ 323 (2001), 1417-23, 1449-53. On human rights in public health, AJPH 91 (2001), 1922-5.

Ral of a UK doctor who offered alternative separate vaccines are in BMJ 323 (2001), 1304-5. A UK doctor won a battle against the GMC decision to strike him off the list of registered practitioners, BMJ 323 (2001), 824, 1388. A UK review concluded that the law is sufficient to protect whistleblowers, BMJ 323 (2001), 954. The UK wants doctors to confess to mistakes, BMJ 323 (2001), 890. The Head of the Medical Council of India has been removed because of corruption, BMJ 323 (2001), 1385; Lancet 358 (2001), 1882. A GMC case of operating without consent is discussed in BMJ 323 (2001), 952. The complaints systems in UK and New Zealand are being revised, Lancet 358 (2001), 1290.

A Turkish study of whether patients are aware of their rights is in Nursing Ethics 8 (2001), 487-98; and on a Greek hospital patient study, Nursing Ethics 8 (2001), 499-509. Extracts from the Draft Additional Protocol to the European Convention on human rights and biomedicine, on biomedical research is in BME 172 (2001), 8-11. Extracts from the US NBAC report on human research are in BME 171 (2001), 8-11. On early 20th century law in Russia on research on human subjects, BME 172 (2001), 13-7. On detention of mentally dangerous persons, Lancet 358 (2001), 1926, 1955-9.

A US study has found that misdiagnosis of appendicitis has not decreased over time, JAMA 286 (2001), 1748-53. Improving quality of care is discussed in JAMA 286 (2001), 2578-85, 2600. On mortality tables from UK hospitals, BMJ 323 (2001), 1205. On reducing medical errors, JAMA 286 (2001), 2091-2. Misdiagnosis and overtreatment of epilepsy has led to GMC inquiry in the UK, BMJ 323 (2001), 1323. Letters on Bristol Affair and bad practice are in Lancet 358 (2001), 2083-4.

Results of a survey of US hospital ethics committees on their successes and failures are in CQHE 11 (2002), 87-93. Pediatric research regulations in the USA, and the John Hopkins case, are examined in JLME 30 (2002), 38-57. The US NBAC has been replaced with the President's Council on Bioethics. Dr. Leon Kass of the University of Chicago chairs the Council. The Council is charged with keeping the President informed of new developments in the bioethics arena and to provide a forum for discussion and evaluation of those issues. It is interesting that in the USA the National Bioethics Committee changes with the political party.

Surrogate research consent is discussed in CQHE 11 (2002), 160-8. Research in developing countries is discussed in SSM 54 (2002), 1131-48. There have been questions of ethics involving Harvard researchers in China, Science 296 (2002), 28. Clinical trial problems at John Hopkins are discussed in NEJM 346 (2002), 716-20. Placebo controlled trials are discussed in NEJM 346 (2002), 382-3; Lancet 359 (2002), 1337-40. Ethics of trials are discussed in JME 27 (2001), 172-6. Risks of clinical trials are discussed in Time (22 April 2002), 30-9. The use of patients in clinical exams in the UK is discussed in BMJ 324 (2002), 404-7.

Prophylatic interventions in children are debated in JME 28 (2002), 10-6.

Bristol is discussed in Modern Law Review 65 (2002), 241-55; BMJ 324 (2002), 648-51.

The ethics of research on children is discussed, CQHE 11 (2002), 217-29. Canadian governance of health research involving human subjects is discussed in Health Law J. 9 (2001), 1-22. The EU directive on clinical trials for emergency medcine is discussed in BMJ 324 (2002), 1169-70. Reflections on the NBAC are made by Eric Meslin and Harold Shapiro in KIEJ 12 (2002), 95-102.

Victims of Japanese Unit 731 from WWII have sued the government of Japan, Lancet 360 (2002), 628.

Human research oversight in the USA is reviewed in KIEJ 12 (2002), 215-24. UK clinical ethics committees are reviewed in BME 178 (May 2002), 13-5. The Indian Medical Council Regulations on Professional Conduct, Etiquette and Ethics, are in Issues in Medical Ethics 10 (July 2002), 66-70 (see also the icmr web sites). A review of legal trends in bioethics is J. Clinical Ethics 12 (2001), 319-30. Legal issues in scientific research are reviewed in JAMA 287 (2002), 85-91. Research governance in general is discussed in NatMed. 8 (2002), 99-101.

Recent guidance from the UK GMC on the responsibilities of doctors are reproduced in BME 180 (2002), 3-5. Discussion of protection of human research subjects in the UK is in BME 181 (2002), 3-6, 19-24.

CIOMS has issues revised guidelines, CIOMS, International Ethical Guidelines for Biomedical Research Involving Human Subjects (Geneva, CIOMS, 2002, 112pp.).  A review is in BME 182 (Oct. 2002), 17-23. On the ethics of transnational research, Lancet 360 (2002), 1266; Lancet 360 (2002), 415; SSM 54 (2002), 1147-8. Brazil opposes placebos in most clinical trials, Science 295 (2002), 264.  WHO and industry are forming an ethics body, NatMed. 8 (2002), 645. The increased interest in ethics in law is discussed in Modern Law Review 65 (2002), 159-75.

A series of book reviews on protection of research participants are in BME 183 (Nov. 2002), 16-24. Papers on human subjects research are in JLME 30 ( Fall 2002), 356-419; NEJM 347 (2002), 2093-4; 347 (2002), 1425-30. On US health research protection , Lancet 361 (2003), 143; Nature 415 (2002), 363. On non-therapeutic research in children, AJPH 92 (2002), 1070-6. On Australia's Woomera Detention centre for refugees, Lancet 359 (2002), 683. A review of modern slavery is SA (April 2002), 66-74.

A survey of the attitudes in the UK to the release of comparative information on the quality of general practice care suggests there may be some barriers to public release, BMJ 325 (2002), 1278-81. Also on public information on performance, JAMA 287 (2002), 226-35, 243, 1323-5; 288 (2002), 1484-90, 1523-4; BMJ 324 (2002), 189; 325 (2002), 1055; NEJM 347 (2002), 1272-3. A broader concept of medical error is called for in NEJM 347 (2002), 1965-7. A survey of public and professionals found many had experience of medical error, NEJM 347 (2002), 1933-40.  Also on medical errors, JAMA 288 (2002), 501-7, 508+, 2404-5; BMJ 324 (2002), 304, 378-9, 495-6, 627-8, 648-51; 325 (2002), 233-4, 256; JMAJ 45 (2002), 91-6; Lancet 360 (2002), 255-6. On Australian rules, Lancet 360 (2002), 470. The reporting of death during surgery to police in Japan is discussed in Lancet 360 (2002), 1984-5. Reports of cases against doctors for medical errors include, BMJ 324 (2002), 753; 325 (2002), 235, 674; JME 28 (2002), 1-5.

Legal protection from medical triage in Japan is reported in Lancet 359 (2002), 1949; 360 (2002), 1514. A survey in the USA found patients are more satisfied with care from a doctor of the same race, BMJ 325 (2002), 1057. Liability for drug formulations is discussed in CMAJ 166 (2002), 458-60.

A book review of Stephens, M., The Treatment: The Story of Those who died in the Cincinnati Radiation tests (Duke University Press, 2002) is NEJM 347 (2002), 2089-90.  A questionnaire for examining human rights in health is described in SSM 55 (2002), 1725-44. In general on human rights and health, Lancet 360 (2002), 246-51. On the medical profession, Lancet 359 (2002), 458, 520-2.

Inconsistency in evidentiary standards for medical court testimony is discussed in JAMA 288 (2002), 1382-7. The polygraph has failed scientific review in the USA, Lancet 360 (2002), 1309. Science and lawyers is discussed in Science 297 (2002), 339-40. The role of the church in developing medical law is discussed in JME 28 (2002), 215-231.  A report on the US President's Council on Bioethics split decision on whether there should be a cloning ban is in Science 298 (2002), 322-3.

A series of papers on health and human rights are in JLME 30 (4), 510-754.  Papers range from issues of HIV to those of patents. The ethics of conducting clinical trials between Europeans and poorer nations is discussed in Lancet 361 (2003), 579. On the role of IRBs, Bioethics Forum 16(4), (2000), 31-6. Letters on the Cincinnati radiation tests are in JAMA 289 (2003), 301-2.

A US Federal Court of Appeals in St. Louis has ruled that a patient with mental disease who is on death row can be treated with drugs to make him competent so that he can be executed for a 1979 murder conviction, Lancet 361 (2003), 621. A debate on the role of Israeli doctors in torture is in Lancet 361 (2003), 424-6. On the role of medical experts in courts, BMJ 326 (2003), 294-5.

Medical errors stem from the system not just individuals, BMJ 326 (2003), 300. On medical errors, Nursing Times (21 Jan. 2003), 22-5; Bioethics Forum 16(4), (2000), 23-30. The risk factors for retained sponges and instruments after surgery are reviewed in NEJM 348 (2003), 229-35.

Discussion of the ethics of war includes Lancet 361 (2003), 1065, 1399. There is a developing humanitarian crisis in Iraq with challenges to the UN governance, Lancet 361 (2003), 1103-4. On human subjects research in developing weapons, Science 298 (2002), 923. A book review of Science in the Service of Human Rights is Science 299 (2003), 1986-7.

The law and human experimentation in Germany is discussed in Law and the Human Genome Review 17 (July 2002), 57-74. Recent developments in New Zealand Health law are discussed in NZ Bioethics J. 4 (Feb. 2003), 5-13. Questions over informed consent for children are in J. Pedatrics (Feb. 2003), 89-90; NEJM 348 (2003), 763-4. Research on cognitively impaired adults is debated in NEJM 348 (2003), 1389-92. Patients' rights are discussed in NZMJ 115 (2002), 55-6.

Publishing hospital mortality figures are discussed in BMJ 326 (2003), 744-7, 777-8, 786-8, 832-3; CMAJ 167 (2002), 393-4. Reducing medical errors is discussed in CMAJ 167 (2002), 1047; NEJM 348 (2003), 851-5,  1051-6, 1184-5; BMJ 326 (2003), 355, 555.  A survey of nurses' reporting of adverse drug reactions is Lancet 361 (2003), 1347-8. On the UK GMC cases, BMJ 326 (2003), 352, 467, 567, 616, 730, 411. The New Zealand no fault medical compensation scheme is described in J. Health Politics, Policy and Law 27 (2002), 833+; NZMJ 115 (2002), 142. On the New Zealand medical complaints committee cases, NZMJ 115 (2002), 201-3, 305-7. The risks of being sued are debated in JAMA 288 (2002), 1585-6.

The Japanese biotech Council including politicians and scientists was announced on 5 July 2002, NatBio 20 (2002), 763. The ethical issues of false positives are discussed in JME 28 (2002), 291-4.

France is expected to revise its bioethics laws, NatBio 21 (2003), 113-4, 349. The French Supreme Court has ended the tainted blood saga, Science 300 (2003), 2019. A conference proceedings on international global clinical trials is Clinical Evaluation 30 Suppl. XIX (2003), 308pp. On global drug trials, NEJM 348 (2003), 28. Research limits are discussed in NatMed. 9 (2003), 630; CQHE 12 (2003), 192-5. A call for centralized review of clinical trials is Lancet 361 (2003), 1621. The limits of student examination and consent issues are discussed in BMJ 326 (2003), 1326-7. NigeriaNS who suffered in a Pfizer drug trial have taken their case o a US court, BMJ 326 (2003), 899.

Self-experimentation is discussed in MJA 178 (2003), 52-3. On reducing medical errors, NEJM 348 (2003), 2263-4. Another call for UK to establish a no-fault medical compensation scheme is made in BMJ 326 (2003), 997-8. In general on law and medicine, NEJM 348 (2003), 1937-8; BMJ 326 (2003), 898; JAMA 289 (2003), 1546-56. In the UK the GMC is now smaller, BMJ 326 (2003), 1002. Papers discussing the Chevron v. Echazabal case are in AJPH 93 (2003), 536-48.

Discussion of the Jesica Santillan case and mismatched organs is discussed in HCR 33 (July 2003), 15-20. Medical errors are discussed in CQHE 12 (2003), 203-7; BMJ 327 (2003), 13-7, 69. In the NHS surgeon's will now be required to tell patients when an error occurs, BMJ 327 (2003), 7. A study of doctors reactions to a recent patient death is BMJ 327 (2003), 185-9. The US is attempting to impose limits on malpractice suits, JAMA 290 (2003), 590; Lancet 362 (2003), 377. In the UK A-level grades were predictors of future medical careers, BMJ 327 (2003), 139-42.

Discussion of ethics in defense research in USA is in CQHE 12 (2003), 192-5. On protection of research subjects, NEJM 349 (2003), 188-9. Human rights in health practice is reviewed in JAMA 290 (2003), 671-2. Racism in the medical profession is reported in BMJ 327 (2003), 1418. The BMA is attempting to improve its moral authority, BMJ 327 (2003), 72.

The WMA has delayed to agree on a revised Declaration of Helsinki, Lancet 362 (2003), 963, 1005. The WMA and Israeli medical Association are discussed in BMJ 327 (2003), 561-2; and on doctors in conflict, Lancet 362 (2003), 1327. The research relationships between researchers in North and South are discussed in SSM 57 (2003), 1957-67; BMJ 325 (2002), 783. On the ethics of asylum seekers, Bioethics 17 (2003), 487-502. The World Bank is going to include human rights and social factors into its project assessment, Financial Times (4 Nov. 2003), 1, 8.

The US Supreme Court has limited forced drugging of mentally ill persons before trial, Lancet 361 (2003), 2131. On the death penalty, Lancet 362 (2003), 1287; The Ecologist (June 2003), 24-6; NEJM 348 (2003), 864-5. On torture, BMJ 326 (2003), 773-5, 1405.

EU clinical trial directives are expected to be in place eventually but are taking time, BME 190 (2003), 3. Doctor performance should be publicly accountable, Lancet 362 (2003), 1404-8. Legal issues in maternal-fetal conflicts are discussed in Modern Law Review 66 (2003), 809-14. The question of whether patients can sue researchers for false advertising in papers is discussed in NS (27 Sept. 2003), 9.

European researchers have signed an Internet petition calling for changes in the proposed EU rules on patient trials, mainly against the extra paperwork, Nature 427 (2004), 276. On Canadian Medical Law a book review is CMAJ 169 (2003), 447. The principle of disclosure in regulatory science is discussed in Science 302 (2003), 2073. Data safety monitoring boards are discussed in NEJM 350 (2004), 1143-7. The use of scientific evidence in court is discussed in SA (Dec. 2003), 12-3; NS (31 Jan. 2004), 3. The EU has criticized the execution in Arkansas on 6 January 2004 of a mentally ill prisoner forcefully medicated, Lancet 363 (2004), 220. AccusatioNS of bias have prompted a review of ethical guidelines, Nature 426 (2003), 741.

Wrong diagnoses are killing patients, NS (21 Feb. 2004), 12-3. Medical mistakes are reported in BMJ 328 (2004), 55, 199-202; BME 194 (2004), 17-24. A study of persoNS who were operated on immediately after an intraoperative death found no increase in mortality however a longer stay in hospital, BMJ 328 (2004), 379-82. The new UK Council for the Regulation of healthcare professionals has expressed concern over some GMC rulings, BMJ 328 (2004), 541. The GMC has admitted some mistakes in the past, BMJ 327 (2003), 1248. On self-regulation of medical professionals in the UK, BMJ 328 (2004), 248. A UK national system for reporting medical errors has been launched, BMJ 328 (2004), 481. There is allegation of unauthorized human experiments in the UK being made against the person who is involved in claiming links between MMR vaccine and autism (see Diseases and Vaccine News section), BMJ 328 (2004), 726.

A discussion of the German National Ethics Council is BIOforum Europe 5 (Sept. 2003), 240-1. They have recently released a report on ethics of biobanks, and an English summary is available ( Papers on bioethics committees and democracy are in Bioethics 17 (2003), 301-68. An introduction to the New Zealand Bioethics Council is in New Zealand Bioethics J. 5 (2004), 13-5. More information is on their web site, A new newsletter is being produced by the European Group of Ethics in Science and New Technologies to the European Commission, called "Ethically Speaking", since Feb 2003 (

The UK may make an ethical code for scientists working with potentially dangerous research that could be misused by terrorists, Lancet 362 (2003), 1634. There has been widespread criticism of the US broadcast of the videotape of the medical exam of Saddam Hussein, BMJ 328 (10 Jan. 2004).

A further discussion of the balance of the US President's Bioethics Council is in HCR 34 (March 2004), 6-8. The role of clinical guidelines is discussed in BMJ 328 (2004), 343-5; NEJM 350 (2004), 1454-9.
Human rights law and mental disability are discussed in HCR 34 (March 2004), 11-2; BMJ 327 (2003), 1449-51. On human rights and health, Lancet 363 (2004), 1393. Medical malpractice is discussed in Lancet 363 (2004), 397-8, 1160-2; NEJM 350 (2004), 283-91, 1798; JAMA 291 (2004), 1775-7; SSM 59 (2004), 39-46; BMJ 328 (2004), 181-2, 183, 417-8, 457-60, 475-6, 709-10. Barcodes may help reduce medical errors, JAMA 291 (2004), 1685-6. Also on medical errors, Lancet 363 (2004), 1224-30; BMJ 327 (2003), 1118-9; 328 (2004), 241-2, 361-2; NEJM 349 (2003), 2076-7; 350 (2004), 738-40, 1357; JAMA 290 (2003), 2838-42. Protection of children in clinical trials is discussed, Lancet 363 (2004), 1119.

           Discussion of medical ethics teaching is in BMJ 327 (2003), 1306; Lancet 362 (2003), 1859. In general on medical education, BMJ 327 (2003), 1362; Lancet 363 (2004), 1395; JAMA 291 (2004), 2181-2. Patient education is important also, BMJ 328 (2004), 441-4, 444-6, 723-4. A call to focus attention of bioethics on serious medical ethics questions of practice and not mind games is made in BMJ 328 (2004), 175. A paper extending bioethics of V.R. Potter is American J. Bioethics 3 (Fall 2003), W26-31.

Medical education is discussed in JAMA 292 (2004), 1025-31, 1081-4. On the ethics of medical education, BMJ 329 (2004), 332-4. A paper on educational epidemiology, JAMA 292 (2004), 1044-50. The clinical autonomy of doctors is decreasing, BMJ 329 (2004), 8. On ethnic diversity and discrimination, SSM 59 (2004), 961-71; BMJ 328 (2004), 1541-4, 329 (2004), 11. Preventative war is debated in Philosophy & Public Affairs 32 (2004), 207+.

Papers on moral standards and fair benefits for international medical research are in HCR 34 (May 2004), 3, 17-27. The role of US state law in protecting subjects of public health research is discussed in J. Law, Medicine & Ethics 31 (Winter 2003), 654-62.  A review of two US cases that illustrate US subjects protection is NZBJ 5 (June 2004), 6-12; and on how to convene a 407 panel for special cases of research, KIEJ 14 (2004), 165-86. Human subjects research in Canada is reviewed in Health law Journal 11 (2003), 137-76. The application of the Helsinki Declaration to the UK is discussed in BME 198 (May 2004), 1; 197 (April 2004), 3-4; BMJ 329 (2004), 241. The ethics of human research are discussed in a book review in HCR 34 (July 2004), 50—1.  On research in children, BME 197 (April 2004), 18-9. A book review of Annas, GJ., The Rights of Patients, 3rd edition, is JAMA 292 (2004), 867-8. The legacy of Aby Ghraib prison abuses for military medicine are discussed in Lancet 364 (2004), 637-8, 725-6; BMJ 329 (2004), 66. The involvement of doctors in Egypt in human rights abuses of alleged homosexual men is criticized in Lancet 363 (2004), 1903.

Administrative guidance is one common way of bioethics regulation in Japan, Slinsby, BT. Et al. "Administrative legislation in Japan: Guidelines on scientific and ethical standards", CQHE 13 (2004), 245-53. Bureaucracy of ethics applications are discussed in BMJ 329 (2004), 282-5. The role of community advisory boards in IRB protection is discussed in AJPH 94 (2004), 918-28. The politics of the US President's Bioethics Council are discussed in GeneWatch 17 (May 2004),  6-10. New developments in New Zealand medical law are reviewed in Health Law Review 12 (No.2, 2004), 18-26. Papers in French and English on the Helsinki declaration are in IJB 15 (2004), 11-66. The draft additional protocol to the Council of Europe Convention on Human Rights and Biomedicine is in IJB 15 (2004), 107-22.

The cost effectiveness of sample size in clinical trials is discussed in Pharmacoeconomics 22 (2004), 685-8. The issue of the established standards of care in clinical trials in sub-Saharan Africa is reviewed in JAMA 292 (2004), 237-42; JME 30 (2004), 190-3, 194-7. On evidence-based medicine, JME 30 (2004), 122-175.

Management of medical indemnity is discussed in MJA 180 (2004), 577-80; 181 (2004), 27-9, 31-5,  64-5; 0&G 104 (2004), 429-30; BMJ 327 (2003), 7, 13-7; 329 (2004), 58, 357; JAMA 291 (2004), 3015; 292 (2004), 847-51. Litigation affects nursing home quality, J. Health Politics, Policy and Law 29 (2004), 11-42. Napoleon Bonaparte may have been killed by over-enthusiastic doctors, NS (24 July 2004), 16. The legacy of Bristol and surgical mistakes are discussed in BMJ 328 (2004), 1474-7; 329 (2004), 13, 450-4. The claims of psychiatric harm caused by medical error are discussed in Modern Law Review 67 (2004), 561-87. The AMA is considering to refuse treatment to the families of malpractice lawyers except in emergencies, BMJ 328 (2004), 1518. A new UK case of murder is being investigated, BMJ 328 (2004), 1393; and a pediatrician was found guilty of abuse of position, BMJ 328 (2004), 1455. Legal limits to preserve freedoms are discussed in 0&G 104 (2004), 621-2. Efforts to keep the mentally ill out of jails are discussed in JAMA 292 (2004), 555-6. Illegal medicare ads are discussed in JAMA 292 (2004), 2808. Payment of funds by the company Wyeth to boost specific medicine use has been found, BMJ 328 (2004), 1515. On whistleblowers, BMJ 329 (2004), 69. Self-referrals of patients is discussed in CMAJ 170 (2004), 1119-20. Consultation with stakeholders is reviewed in Bioethics 18 (2004), 283-9.

A study of 15th century medical law practices in Dubrovnik is in Croatian Medical J. 45 (2004), 220-5. The white coat ceremony for graduation is discussed in JME 29 (2003), 364-6; and on swearing the Hippocratic Oath, NEJM 350 (2004), 2026-9, 2111. On bioethics and politics, NEJM 350 (2004), 1379-80; BMJ 328 (2004), 1212-5. The WMA and Israeli Medical Association are discussed in BMJ 327 (2003), 1107-8. The US president7s Bioethics Council politics are discussed in BMJ 328 (2004), 509-10.

Abuses of medical research are discussed in BMJ 327 (2003), 1172, 1207; NatMed. 10 (2004), 450. The use of forcible medication for courtroom competence is debated in NEJM 350 (2004), 2297-301. Mentally ill persons are often wrongly held in prisons, BMJ 328 (2004), 1095. Medical error is discussed in Lancet 362 (2003), 2011.

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