In the past week in the UK, an Italian woman has claimed that a health trust had carried out a Caesarean section on her against her will. Whilst details of the case are still emerging, it appears that the woman had been detained under the Mental Health Act whilst pregnant after suffering a panic attack (which, it is reported, was possibly a result of a failure to take medication for a pre-existing mental health condition). Having been hospitalized for a number of weeks, the woman was given a Caesarean section whilst under sedation without consent. It appears that a health trust had been granted permission to carry out the procedure from the Court of Protection. Further to this, Essex social services also decreed that the mother was unfit to raise the child, and took the child into its care. Continue reading
You have no right to be free from insult. Indeed, sometimes you may deserve to be insulted. Let us take a case that brings this into sharp focus: the Tory chief whip who lost his job because… well, we still don’t know exactly why because it now turns out that what the police claimed at the time wasn’t true. And maybe he should have lost his job: I don’t know. But one of the underlying assumptions throughout seems to have been that nobody should ever be sworn at. And that is flatly false. Sometimes people deserve to be sworn at. People in power deserve it when they stupidly, arrogantly or indifferently muck up our lives, something they do routinely. They deserve it most especially when they misuse their authority, such as when they do so to display their power by make someone’s life worse or for the purpose of getting their own back on someone who resists their misuse of power. Continue reading
Next week, thousands of final year medical students will sit a Situational Judgement Test (SJT) as part of the application for their first medical jobs. This will be the second year that the Foundation School Application System (FPAS) has used the SJT, which was developed by the Improving Selection to the Foundation Programme group (ISFP), and replaced the resource-intensive and perceived-unreliable short-answer questionnaires of the previous application process. Continue reading
Are we overprotective of Mars? That is the claim made by Alberto G. Fairén and Dirk Schulze-Makuch in a recent commentary in Nature Geoscience. They argue that current planetary protection policies that try to prevent bodies in the solar system from becoming contaminated by Earth-life are too costly, inhibit scientific exploration and might actually be unnecessary because of natural contamination. How much value does a pristine non-terrestrial environment have?
It was announced last week that a new offence of ‘wilful neglect or mistreatment’ is to be created for NHS hospital staff whose conduct amounts to the deliberate or reckless mistreatment of patients. This offence will be modeled on an existing offence under the Mental Capacity Act which punishes the wilful neglect or ill-treatment of patients lacking capacity. Currently, a medical worker convicted of this offence faces a maximum sentence of five years imprisonment, or an unlimited fine. The sanctions for the proposed new offence are likely to be of a similar severity.
The creation of the offence comes in the wake of the inquiry into the widespread negligence that occurred at Mid Staffordshire hospital. Intended principally to deter healthcare workers from mistreating patients, the new offence has been proposed following review of patient safety. The leader of the review, Professor Don Berwick, emphasized that patient safety must become the top priority and that the measure was needed to target the worst cases of a ‘couldn’t care less’ attitude that led to ‘wilful or reckless neglect or mistreatment’.
Concerns about its impact
Whilst most would agree that patient safety should clearly be a priority, there has been concern that the new criminal sanction could create a ‘climate of fear’ amongst healthcare workers and that individual workers will be penalised for mistakes that are the result of inadequate staffing or simple human error, rather than blameworthy acts of malice. Continue reading
At a recent Uehiro Centre work-in-progress meeting, Rebecca Roache, Anders Sandberg and Hannah Maslen discussed the potential impacts of transformative technologies on our punishment practices, and the moral significance of some of these impacts (link to the audio here).
It’s a rich area: in this comment I want to consider just one of the many issues raised by Roache, Sandberg and Maslen. The issue is lifespan enhancement. Although lifespan has been gradually increasing for several decades, it may soon be possible to radically enhance lifespan. This possibility raises questions about our sentencing practices, and their moral justification. Continue reading
If you’re a young woman, your face is worth between 48-67% more than that of a young man.
That’s the gist of the Judicial College’s Guidelines for the Assessment of General Damages in Personal Injury Cases, 12th Edition (2013) – one of the canonical texts used by lawyers.
For ‘Very Severe Scarring’ ‘in relatively young women (typically teens to early 30s), where the cosmetic effect is very disfiguring and the psychological reaction severe’, the suggested range of damages for pain, suffering and loss of amenity (what lawyers call ‘general damages’) is £39,160 – £78,650. The corresponding figures for males (‘especially in males under 30’) are £24,090 – £53,075.
The editors of the Guidelines are embarrassed by the discrepancy. They point out that it arises from ‘cases that stretch back into the mists of time’, but that it is ‘nonetheless open to serious doubt that gender itself can be a proper or indeed lawful factor in determining the level of general damages.’ The embarrassment is appropriate. Gender in itself should not be relevant. The Guidelines list the relevant factors: they include ‘the subjective impact of the disfigurement upon the claimant and the extent to which it adversely affects the claimant’s social, domestic and work lives’.
Should the Guidelines declare that, as a matter of policy, the law should refuse to distinguish between facial scarring in males and in females? That, one might think, is an appropriate way for the law to declare its gender-blindness: it might help to nudge society (which the law leads, as well as reflects) in the right direction. But that would be wrong: the fact is that, whether we like it or not, facial scarring matters more to women. We should do our best to change the attitudes that make this the case, but it is the case, and in compensating claimants, judges should not pretend that we live in a liberal utopia in which people are not judged (by themselves and others) on the basis of the shape or colour of their face. Similarly, when assessing damages for loss of earnings, the law should not pretend that the legislation which prohibits discrimination on grounds of disability actually works.
By Luke J. Davies.
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In 1973 James Burke made a series of predictions about how the world would be in 1993. He got a lot right: the wide spread use of computers at home and in schools; the data collection and storage that use makes possible; the development and approbation of IVF technology; changes in beliefs about privacy, in the form of a higher readiness in the young to give out personal information. Burke was recently asked to make another series of predictions about the state of the world in 80-100 years from now. (Find a short clip here, and a longer one here.) Continue reading
It’s got Nobel Prize written all over it. The scientific innovation, CRISPR, which enables accurate ‘editing’ of DNA (compared to current techniques where a viral vector introduces the DNA at random), has had one team member “jumping out of my skin with excitement”. Still at basic science level, it has already been hailed as a potential new treatment for Huntington’s Disease, HIV and other disorders. It is apparently so easy to use that Professor Mello, who was involved in the project, has said, “a total novice in my lab got it to work”.
One possible application that has been suggested is ‘correcting’ the germline: changing the genetics of sperm, eggs and embryos, to eliminate diseases not just in individuals, but in future generations. The designer baby is in production.