Melbourne Law School - Research Publications
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ItemEthical Design and Use of Robotic Care of the Elderly(SPRINGER, 2022-03)The Australian Royal Commission into Aged Care Quality and Safety acknowledged understaffing and substandard care in residential aged care and home care services, and recommendations were made that that the Australian Government should promote assistive technology within aged care. Robotic care assistants can provide care and companionship for the elderly-both in their own homes and within health and aged care institutions. Although more research is required into their use, studies indicate benefits, including enabling the elderly to live independently at home, assistance with medication and monitoring of safety. Nevertheless, there are inherent ethical challenges in the use of robots as carers, including loss of privacy, unwarranted restrictions on autonomy, lack of dignity, deception, and the exacerbation of loneliness. Ethics by design can counter these issues in development of robotics and clinical ethics committees have been put forward as a way of dealing with the ethical use of robotic care in healthcare institutions. In this paper I outline the ethical challenges of robotic care assistants and how these may be mediated in their design and use.
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ItemOvert and Covert Recordings of Health Care Consultations in Australia: Some Legal Considerations(Wiley-Blackwell Publishing Asia, 2021)There are legal considerations for both clinicians and patients when recording health care consultations.
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ItemNo Preview AvailableRegulating Medical Devices in the 'Internet of Things'( 2020)New research explores the gap between regulation and practice in healthcare devices, particularly for type 1 diabetes, that are part of the Internet of Things.
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ItemNo Preview AvailableWant to Record your Doctor's Appointment? Great Idea, but First, Check it's Legal( 2020-11-02)As you fire up your computer for a telehealth appointment, or prepare to walk in to see your doctor, you may be wondering whether to record your appointment. You might even think about doing it without asking permission first.
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ItemNo Preview AvailableChildren Can Decide Their Medical Treatments Under Victoria's Unique Advance Directive Laws(The Conversation Media Group, 2017)We’re all afraid of a time when we might lose the capacity to decide what medical treatments to accept or refuse. This is why Australian governments have promoted advance care planning, which involves discussing and expressing preferences about the kind of medical care you would or would not want in a situation where you lack mental capacity to make decisions.
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ItemEthical Considerations for Paediatrics during the COVID-19 Pandemic: A Discussion Paper from the Australian Paediatric Clinical Ethics Collaboration(Wiley, 2020)Children have not been severely affected by SARS-CoV-2-related illness but are vulnerable to the economic and social deprivation arising from the pandemic. This document describes unique risks and burdens for children and their care givers during the COVID-19 pandemic.
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ItemEmerging Health Data Platforms: From Individual Control to Collective Data Governance(Cambridge University Press, 2020)Health data have enormous potential to transform healthcare, health service design, research, and individual health management. However, health data collected by institutions tend to remain siloed within those institutions limiting access by other services, individuals or researchers. Further, health data generated outside health services (e.g., from wearable devices) may not be easily accessible or useable by individuals or connected to other parts of the health system. There are ongoing tensions between data protection and the use of data for the public good (e.g., research). Concurrently, there are a number of data platforms that provide ways to disrupt these traditional health data siloes, giving greater control to individuals and communities. Through four case studies, this paper explores platforms providing new ways for health data to be used for personal data sharing, self-health management, research, and clinical care. The case-studies include data platforms: PatientsLikeMe, Open Humans, Health Record Banks, and unforgettable.me. These are explored with regard to what they mean for data access, data control, and data governance. The case studies provide insight into a shift from institutional to individual data stewardship. Looking at emerging data governance models, such as data trusts and data commons, points to collective control over health data as an emerging approach to issues of data control. These shifts pose challenges as to how “traditional” health services make use of data collected on these platforms. Further, it raises broader policy questions regarding how to decide what public good data should be put towards.
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ItemNo Preview AvailableWho Owns Your DNA?(Elsevier BV, 2016-04)When you’re clipping your nails or having a haircut, do you think about who owns those samples of your genetic material? Perhaps you think it doesn’t really matter, or that because it comes from your body, you own it. In fact, legally, the answer is far more complex.