Le déclenchement « sans indication médicale » : regard étonné du juriste

Delivery trigger may question obstetrician liability.     

La responsabilité pénale du psychiatre du fait de son patient

If the criminal liability remains personal, recent case law has tended to broaden the hypotheses for the doctor's criminal liability in the case of unintentional offenses. The question particularly concerns the psychiatrist, because of acts committed by his patient, on the basis of articles 221-6 or 222-19 of the French penal code. However, judicial assessment of the fault and its causal link with the damage does not impose on the psychiatrist an obligation of result, insofar as only serious professional misconduct, manifestly not in accordance with the rules of medical art, are sanctioned.     

Future directions in engineering ethics research: microethics, macroethics and the role of professional societies

Three frames of reference for engineering ethics are discussed—individual, professional and social—which can be further broken down into “microethics” concerned with individuals and the internal relations of the engineering profession and “macroethics” referring to the collective social responsibility of the engineering profession and to societal decisions about technology. Few attempts have been made at integrating microethical and macroethical approaches to engineering ethics. The approach suggested here is to focus on the role of professional engineering societies in linking individual and professional ethics and in linking professional and social ethics. A research program is outlined using ethics support as an example of the former, and the issuance of position statements on product liability as an example of the latter. An earlier version of this paper was presented at the International Symposium on Technology and Society 2000 (ISTAS 2000), Rome, Italy, 7 September 2000. Joseph R. Herkert directs a dual-degree program in engineering and humanities/social sciences and is editor of Social, Ethical, and Policy Implications of Engineering (Wiley/IEEE Press).     

正确认识医疗诉讼的举证责任倒置、规范医务人员的医疗行为

针对就如何正确理解医疗诉讼举证责任倒置的规定,举证责任倒置给我国医疗卫生界带来挑战,以及如何适应举证责任倒置规定等问题进行了论述,提出了提高医务人员法律素质,依法行医,防范医疗纠纷的办法。     

Quelle juridiction est compétente pour juger des faits commis par un professeur des universités-praticien hospitalier qui sont en rapport avec son activité d’enseignement ?

Constituted courts of ordinal authorities are not competent to judge facts committed by a university professor-hospital practitioner, which are related to his teaching activity. Only the court specific to hospital teachers, which is seized by the ministries of health and higher education, is competent to judge those facts.     

Terrorism and Innocence

This paper begins with a discussion of different definitions of “terrorism” and endorses one version of a tactical definition, so-called because it treats terrorism as involving the use of a quite specific tactic in the pursuit of political ends, namely, violent attacks upon the innocent. This contrasts with a political status definition in which “terrorism” is defined as any form of sub-state political violence against the state. Some consequences of the tactical definition are explored, notably the fact that (unlike the political status definition) it allows for the possibility of state terrorism against individuals, sub-state groups and other states. But a major problem for the tactical definition is the account to be given of “the innocent.” In line with justwar thinking, the idea of “the innocent” is unpacked in terms of the concept of non-combatants and this in turn is treated as the category of those who are not prosecuting the harm that allows for a legitimate violent response. Problems with this approach are explored, with particular reference to criticisms made by Gregory Kavka. The recent drive to expand the class of those who may be legitimately attacked is subjected to scrutiny. Particular attention is paid to the role of “collective responsibility” and “deserving your government” in these arguments. This revised version was published online in June 2006 with corrections to the Cover Date.     

药物产品责任的伦理研究

对药物产品责任的监管与立法必须与药物的特殊性相吻合。在药物的产品责任伦理上,社会公益至上是首要的;药物的产品责任伦理应该以安全性为基础,又必须对这种安全性的相对性予以确认,来确立对药物风险和危害的监管与控制,探讨了建设我国药物产品责任伦理与法制的举措。     

论中药品种保护中的法律责任

中药品种保护是不同于专利保护、商标保护的一种新的中药保护模式。它带有浓厚的行政保护色彩。为了更好的保护我国中药知识产权,规范中药的生产和销售行为,应当完善现有的中药品种保护制度,重构中药品种保护中的责任机制,与其他知识产权保护方式相互结合,形成中药知识产权保护体系。     

Accountability in a computerized society

This essay warns of eroding accountability in computerized societies. It argues that assumptions about computing and features of situations in which computers are produced create barriers to accountability. Drawing on philosophical analyses of moral blame and responsibility, four barriers are identified: 1) the problem of many hands, 2) the problem of bugs, 3) blaming the computer, and 4) software ownership without liability. The paper concludes with ideas on how to reverse this trend. Several people have contributed generously to this work. Michael Davis, Deborah G. Johnson, Arthur Kuflik, Pamela Samuelson, Debra Satz, Richard De George, Larry May, and Dennis Thompson read drafts and made invaluable suggestions. Reviewers forScience and Engineering Ethics offered thorough and challenging commentary. An earlier version of the paper was presented at The American Philosophical Association, Eastern Division Meeting, December 1993, where audience comments and questions led to clarification of several key issues.     

Responsabilité médicale et angioplastie coronaire : à propos de deux affaires judiciaires

Coronary angioplasty is a constantly evolving discipline whose high technical standards suggest that it is at high risk of accidents and legal claims. In this work, we discussed two judicial cases in which the responsibility of the interventional cardiologist was involved. Coronary angioplasty was the discussed therapeutic act in both cases, resulting in the death of the patients due to inter-procedural complications. Through our analysis, we have observed that in matters of medical liability, court experts will first verify that the doctor has fulfilled his means of obligation. When an interventional cardiology procedure is prescribed, they will rule on the validity of the indication, the conditions under which it was performed, and finally the management of the complication. The majority of coronary angioplasty accidents are therefore considered by the experts as medical hazards. On the other hand, the management of complications is much more often the subject of criticism.