Melbourne Law School - Research Publications

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Start date: 2020 × End date: 2020 × Author: Kaye, Jane × Author: Prictor, Megan × Type: Journal Article ×

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    Clinical Decision Support Systems and Medico-Legal Liability in Recall and Treatment: A Fresh Examination
    Prictor, M ; Taylor, M ; Kaye, J ; Emery, J ; Nelson, C ; Manski-Nankervis, J (Thomson Reuters, 2020)
    Clinical decision support systems (CDSSs) provide a valuable tool for clinicians to aid in the care of patients with chronic disease. Various questions have emerged about their implications for the doctor’s legal duty of care to their patients, in terms of recognition of risk, recall, testing and treatment. In this article, through an analysis of Australian legislation and international case law, we address these questions, considering the potential impact of CDSSs on doctors’ liability in negligence. We conclude that the appropriate use of a well-designed CDSS should minimise, rather than heighten, doctor’s potential liability. It should support optimal patient care without diminishing the capacity of the doctor to make individualised decisions about recall, testing and treatment for each patient. We foreshadow that in the future doctors in Australia may have a duty to use available well-established software systems in patient care.
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    Dynamic Consent: An Evaluation and Reporting Framework
    Prictor, M ; Lewis, M ; Newson, A ; Haas, M ; Baba, S ; Kim, H ; Kokado, M ; Minari, J ; Molnar-Gabor, F ; Yamamoto, B ; Kaye, J ; Teare, H (SAGE Publications (UK and US), 2020)
    Dynamic consent (DC) is an approach to consent that enables people, through an interactive digital interface, to make granular decisions about their ongoing participation. This approach has been explored within biomedical research, in fields such as biobanking and genomics, where ongoing contact is required with participants. It is posited that DC can enhance decisional autonomy and improve researcher–participant communication. Currently, there is a lack of evidence about the measurable effects of DC-based tools. This article outlines a framework for DC evaluation and reporting. The article draws upon the evidence for enhanced modes of informed consent for research as the basis for a logic model. It outlines how future evaluations of DC should be designed to maximize their quality, replicability, and relevance based on this framework. Finally, the article considers best-practice for reporting studies that assess DC, to enable future research and implementation to build upon the emerging evidence base.
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    Australian Aboriginal and Torres Strait Islander Collections of Genetic Heritage: The Legal, Ethical and Practical Considerations of a Dynamic Consent Approach to Decision Making.
    Prictor, M ; Huebner, S ; Teare, H ; Burchill, L ; Kaye, J (SAGE Publications, 2020)
    The article considers whether a Dynamic Consent (DC) approach might be adopted with cultural leadership to support communication, education, deliberation and flexible choices by First Peoples. It posits that the DC model can provide for autonomous and informed choice by donors and their descendants about the treatment of individual samples, cognizant of both the samples’ value for future research and their profound personal and cultural meaning.