Judicialization of health arising from prepaid insurance plans and health law: an integrative review.

OBJECTIVE: To analyze publications regarding judicial demands related to the violation of the rights of the client who uses private health insurance in Brazil. METHOD: Integrative review, from September to October 2017, of national character, with complete texts online, in Portuguese and English, published between 2012 and 2017 in the Virtual Health Library portal, excluding studies that were duplicated or with indiscriminate methodology. RESULTS: The judicial demands were for: medication (32%); ward hospitalization (11%); surgical procedures (9%); orthosis, prothesis and special materials (9%); others (9%); and diagnostic procedures, outpatient service, hospitalization in Intensive Care Units, food formulas and disposable diapers (30%). CONCLUSION: The prevalence of legal disputes arising from the failure in providing health service by private health insurances was observed, which makes it easier for the administrators to identify the sought health products and services in order to reorganize the administrative sphere and provide quality care.

Managing mental incapacity in the 20th century: A history of the Court of Protection of England & Wales.

This article explores the history of the Court of Protection of England & Wales (CoP) over the twentieth century. The CoP, which is responsible for making financial and welfare decisions on behalf of those deemed incapable of doing so themselves, presently faces a rapidly growing caseload, and considerable scrutiny and critique. Such close attention to its work may be new, but many of the issues it faces have deep roots. Using practitioners' texts, judgements, and the archives of the CoP and the Lord Chancellor's Office, I review the evolution of the CoP in terms of its structure and caseload, its decisions regarding incapacity, its efforts to manage the affairs of those found incapable, and its long-term survival. This reveals the origins of many of the issues it faces today, the different anxieties and approaches that have animated its work in the past, the ways in which approaches to incapacity have changed, and the value of a historical perspective.

Right to legal capacity in therapeutic jurisprudence: Insights from critical disability theory and the convention on the rights of persons with disabilities.

This article addresses whether autonomy is being adequately protected within therapeutic jurisprudence models. It first outlines the history and theory of therapeutic jurisprudence - noting that protection for autonomy has been theorised as a key component of therapeutic jurisprudence. It then examines therapeutic jurisprudence in light of critical disability theory and identifies that traditional therapeutic models, which often prioritises the decision-making of professionals, can undermine the autonomy of the individual. The article then describes the protection for autonomy provided by the right to legal capacity in Article 12 of the Convention on the Rights of Persons with Disabilities. An analysis is undertaken of practical examples of where therapeutic jurisprudence falls short of the demands of Article 12. Finally, the article presents solutions for how therapeutic jurisprudence models could better protect autonomy via respect for the right to legal capacity in Article 12.

Judicialization of health arising from prepaid insurance plans and health law: an integrative review / Judicialización de la salud resultante de los planes de prepago y el derecho sanitario: revisión integrativa / Judicialização da saúde decorrente dos planos de pré-pagamento e o direito sanitário: revisão integrativa

ABSTRACT Objective: To analyze publications regarding judicial demands related to the violation of the rights of the client who uses private health insurance in Brazil. Method: Integrative review, from September to October 2017, of national character, with complete texts online, in Portuguese and English, published between 2012 and 2017 in the Virtual Health Library portal, excluding studies that were duplicated or with indiscriminate methodology. Results: The judicial demands were for: medication (32%); ward hospitalization (11%); surgical procedures (9%); orthosis, prothesis and special materials (9%); others (9%); and diagnostic procedures, outpatient service, hospitalization in Intensive Care Units, food formulas and disposable diapers (30%). Conclusion: The prevalence of legal disputes arising from the failure in providing health service by private health insurances was observed, which makes it easier for the administrators to identify the sought health products and services in order to reorganize the administrative sphere and provide quality care.

RESUMEN Objetivo: Analizar las publicaciones acerca de las demandas judiciales relacionadas con la infracción a los derechos del usuario que utiliza un plan privado de salud en Brasil. Método: Revisión integrativa realizada entre septiembre y octubre de 2017, en ámbito nacional en los idiomas portugués e inglés, con textos completos y publicados en línea de 2012 a 2017 en el Portal de la Biblioteca Virtual en Salud, con la exclusión de los duplicados y de metodología indiscriminada. Resultados: Las demandas judiciales fueron: un 32% por medicamentos; un 11% por internación en enfermería; un 9% por procedimientos quirúrgicos; un 9% por ortesis, prótesis y materiales especiales; un 9% por otros; y un 30% por procedimientos diagnósticos, de atención ambulatoria, de internación en un Centro de Terapia Intensiva, de fórmulas alimentarias y pañales desechables. Conclusión: Se demostró una prevalencia de los litigios judiciales resultantes de una falla en la prestación del servicio de salud por los planes privados, lo que les facilita a los gestores identificar los productos y servicios de salud necesarios para reorganizar la esfera administrativa y la prestación de una asistencia con calidad.

RESUMO Objetivo: Analisar as publicações a respeito de demandas judiciais relacionadas à infração aos direitos do usuário que utiliza plano privado de saúde no Brasil. Método: Revisão integrativa de setembro a outubro de 2017, com caráter nacional em português e inglês, textos online completos e publicados entre 2012 e 2017 no Portal da Biblioteca Virtual em Saúde, excluindo os duplicados e com metodologia indiscriminada. Resultados: As demandas judiciais foram: 32% medicamentos; 11% internação em enfermaria; 9% procedimentos cirúrgicos; 9% órtese, prótese e materiais especiais; 9% outros; e 30% de procedimentos diagnósticos, atendimento ambulatorial, internação em Centro de Terapia Intensiva, fórmulas alimentares e fraldas descartáveis. Conclusão: Demonstra-se a prevalência dos litígios judiciais decorrentes da falha na prestação do serviço de saúde pelos planos privados, o que facilita aos gestores identificar produtos e serviços de saúde pleiteados para reorganização da esfera administrativa e prestação de assistência com qualidade.

FIFTY YEARS AFTER KING'S DEATH: UNTOLD STORIES OF HEROES OF THE PAST.

In 1955 three individuals converged to change the arc of history, Martin Luther King Jr., Rosa Parks, and arguably the most provocative but least known, Frank Minis Johnson Jr. Johnson served on the Federal District Court of the Middle District of Alabama from 1955 to 1979, during which time his numerous decisions revolutionized Civil Rights. His rulings ended the Montgomery Bus Boycott, integrated public transportation, reformed state prisons, and improved the care for the mentally ill.

Lawsuits in health: an integrative review.

OBJECTIVE: To analyze the national and international scientific evidence available in the literature on types of judicialization of health lawsuits. METHOD: Integrative review, which selected primary studies in the PubMed, LILACS, Web of Science and Scopus databases, with the. DESCRIPTORS: judicial decisions, health's judicialization, Saúde (in Portuguese), Health, and the keyword: Judicial Action. RESULTS: 30 studies were selected. In Brazil, the majority were legal claims for medicines and the other for medical errors, requests for vaccines, supplies for diabetics, food compounds, surgical procedure, examinations, among others. In international studies, lawsuits were found for medication, benefit coverage and hospitalization for psychiatric treatment. CONCLUSION: It is evident that the most demanded type of lawsuit was access to the medication at an international level. It is still more noticeable the little discussion on this subject, demonstrating that judicialization of medicines can indicate a reality of Brazil.

Lawsuits in health: an integrative review / Acciones judiciales en salud: revisión integrativa / Ações judiciais em saúde: revisão integrativa

ABSTRACT Objective: To analyze the national and international scientific evidence available in the literature on types of judicialization of health lawsuits. Method: Integrative review, which selected primary studies in the PubMed, LILACS, Web of Science and Scopus databases, with the Descriptors: judicial decisions, health's judicialization, Saúde (in Portuguese), Health, and the keyword: Judicial Action. Results: 30 studies were selected. In Brazil, the majority were legal claims for medicines and the other for medical errors, requests for vaccines, supplies for diabetics, food compounds, surgical procedure, examinations, among others. In international studies, lawsuits were found for medication, benefit coverage and hospitalization for psychiatric treatment. Conclusion: It is evident that the most demanded type of lawsuit was access to the medication at an international level. It is still more noticeable the little discussion on this subject, demonstrating that judicialization of medicines can indicate a reality of Brazil.

RESUMEN Objetivo: Analizar las evidencias científicas nacionales e internacionales disponibles en la literatura sobre los tipos de acciones de judicialización de la salud. Método: Revisión integrativa, que seleccionó estudios primarios en las bases de datos PubMed, LILACS, Web of Science y Scopus, con los Descriptores: decisiones judiciales, judicialización de la salud, Salud, Health, y la palabra clave: Judicial Action. Resultados: Se seleccionaron 30 estudios, siendo que en Brasil, la mayoría se trataba de demandas judiciales por medicamentos y las demás por acciones por error médico, solicitud por vacunas, insumos para diabéticos, compuestos alimentarios, procedimiento quirúrgico, exámenes, entre otras. En estudios internacionales, se encontraron acciones por medicamentos, cobertura de beneficios e internación para tratamiento psiquiátrico. Conclusión: Se evidencia que el tipo de acción más demandada fue el acceso al medicamento a nivel internacional. Es aún más perceptible la poca discusión sobre esta temática, demostrando que la judicialización de medicamentos puede indicar una realidad característica de Brasil.

RESUMO Objetivo: Analisar as evidências científicas nacionais e internacionais disponíveis na literatura sobre os tipos de ações de judicialização da saúde. Método: Revisão integrativa, que selecionou estudos primários nas bases de dados PubMed, LILACS, Web of Science e Scopus, com os Descritores: decisões judiciais, judicialização da saúde, Saúde, Health, e a palavra-chave: Judicial Action. Resultados: Foram selecionados 30 estudos, sendo que no Brasil, a maioria se tratava de demandas judiciais por medicamentos e as demais por ações por erro médico, solicitação por vacinas, insumos para diabéticos, compostos alimentares, procedimento cirúrgico, exames, entre outras. Em estudos internacionais, foram encontradas ações por medicamentos, cobertura de benefícios e internação para tratamento psiquiátrico. Conclusão: Evidencia-se que o tipo de ação mais demandada foi o acesso ao medicamento a nível internacional. Ainda é mais perceptível a pouca discussão sobre essa temática, demonstrando que a judicialização de medicamentos pode indicar uma realidade característica do Brasil.

Implications for therapeutic judging (TJ) of a psychoanalytical approach to the judicial role - Reflections on Robert Burt's contribution.

Robert Burt in, "The Yale School of Law and Psychoanalysis, from 1963 Onward", in this issue, explains and laments a decline in influence of psychoanalytic ideas in legal thinking. He notes "the fundamental similarity that both litigation and psychotherapy involve recollections of past events", buttressing his argument with eight parallels between the two. In this article we take up Burt's theme, first noting the relationship between therapeutic jurisprudence and psychoanalytic concepts before presenting an outline for a psychoanalytical understanding of the judicial role. We then consider the litigation process from the linked perspectives of therapeutic jurisprudence and psychoanalysis before closing with a reflection on the eight parallels elaborated by Burt.

The inquisitorial trial of a cross-dressing lesbian: reactions and responses to female homosexuality in 18th-century portugal.

This article analyzes the inquisitorial trial of Maria Duran, a Catalan novice in the Dominican convent of Nossa Senhora do Paraíso in Portugal. Maria Duran was arrested by the Inquisition in 1741 and, after a lengthy trial, condemned in 1744 to a public lashing and exile. She was suspected of having made a pact with the Devil and was accused by many female witnesses of possessing a "secret penis" that she had allegedly used in her amorous relations with fellow nuns and novices. Her voluminous trial dossier offers a rare and fascinating documentary insight into the often extreme reactions that female homosexuality provoked from both men and women in early modern Portugal. Using the evidence offered by the 18th-century trial of Maria Duran, this article highlights female bewilderment when faced with female-on-female sexual violence and the difficulty that men (in this case, churchmen) had coming to terms with the existence of female homosexuality. It also discusses the case in light of the acts/identity debate among historians of the history of sexuality.

Failures in children's protection in Newfoundland and Labrador: from the Hughes (1991) to Markesteyn and Day (2006) inquiries and beyond.

The death in 2003 of Zachary Turner, a child in receipt of children's protection services in Foxtrap, Newfoundland, sparked an independent inquiry into his death. Subsequently, other reviews were completed of children's protection services. These were not the first reviews or inquiries of this kind in Newfoundland and Labrador. In 1991, Justice Samuel Hughes had conducted a public inquiry into children's protection services. This article is a critical historical analysis of selected aspects of children's protection services. The authors uncover repeated failures by government in its child protection systems and discuss implications for future concerns.

Overturning anti-miscegenation laws: news media coverage of the Lovings' legal case against the state of Virginia.

This study fills a gap in scholarship by exploring historical news coverage of interracial relationships. It examines coverage by The New York Times, Washington Post and Times-Herald, and Chicago Tribune of the progression of the landmark civil rights case of Loving v. Virginia, in which the Supreme Court overturned Virginia's anti-miscegenation law, which prohibited marriage between any White and non-White person. An analysis of the frames and sources used in these publications' news stories about the case indicate all three publications' coverage favored the Lovings.

Race and imprisonments: vigilante violence, minority threat, and racial politics.

The effects of lynchings on criminal justice outcomes have seldom been examined. Recent findings also are inconsistent about the effects of race on imprisonments. This study uses a pooled time-series design to assess lynching and racial threat effects on state imprisonments from 1972 to 2000. After controlling for Republican strength, conservatism, and other factors, lynch rates explain the growth in admission rates. The findings also show that increases in black residents produce subsequent expansions in imprisonments that likely are attributable to white reactions to this purported menace. But after the percentage of blacks reaches a substantial threshold­and the potential black vote becomes large enough to begin to reduce these harsh punishments­reductions in prison admissions occur. These results also confirm a political version of racial threat theory by indicating that increased Republican political strength produces additional imprisonments.

Bodies of science and law: forensic DNA profiling, biological bodies, and biopower.

How is jurisdiction transferred from an individual's biological body to agents of power such as the police, public prosecutors, and the judiciary, and what happens to these biological bodies when transformed from private into public objects? These questions are examined by analysing bodies situated at the intersection of science and law. More specifically, the transformation of 'private bodies' into 'public bodies' is analysed by going into the details of forensic DNA profiling in the Dutch jurisdiction. It will be argued that various 'forensic genetic practices' enact different forensic genetic bodies'. These enacted forensic genetic bodies are connected with various infringements of civil rights, which become articulated in exploring these forensic genetic bodies''normative registers'.

Maternalism, race, class and citizenship: aspects of illegitimate motherhood in Nazi Germany.

This article juxtaposes three types of illegitimate motherhood that came in the wake of the Second World War in Nazi Germany. The first found institutional support in the Lebensborn project, an elite effort to raise the flagging birth-rates, which at the same time turned a new page in the history of sexuality. The second came before the lower courts in the form of paternity and guardianship suits that had a long precedent, and the third was a social practice that the regime considered a 'mass crime' among its female citizenry: namely, forbidden unions between German women and prisoners of war. Through these cases the article addresses issues such as morality, sexuality, paternity, citizenship and welfarism. The flesh-and-blood stories have been culled from the Lebensborn Dossiers and Special Court files, as well as cases from the lower courts.

Expert evidence and medical manslaughter: vagueness in action.

This article examines the reliance placed on expert evidence in prosecutions of health professionals for gross negligence manslaughter, where juries must decide whether conduct goes beyond civil negligence and constitutes the crime of involuntary manslaughter. It argues that the test for liability is vague and examines some of the consequences of this. Given the vagueness of the offence, jurors are likely to place great reliance on expert medical evidence. Little is known about how experts negotiate the legal process, empirically speaking: how they approach their task, how they view their role as expert witnesses, and the attitudes, biases, and beliefs that may underpin their testimony. Drawing on the experiences and perceptions often medical experts, this article explores how experts manage the vagueness inherent in the task of interpreting and applying gross negligence. Experts appear to go beyond offering purely medical opinion and enjoy engaging with law and the legal process.

Same-sex marriage: a new social phenomenon.

Same-sex marriage (SSM) is a new social phenomenon. In modern times SSM did not exist until the 21st century when an increasing number of countries began permitting same-sex couples to marry legally. This study presents statistical and related evidence concerning SSM worldwide, with special attention to the United States, where SSM has evolved into a major political and legal issue. In addition to examining data on levels and trends, differentials between men and women are investigated. The study also considers common arguments for and against SSM and likely changes in laws and policies that may occur. Although same-sex marriage now exists in a small number of countries and US states, its consequences and implications are being felt far beyond the borders of those countries and areas. In coming years same-sex marriage will remain a controversial and salient part of the legal, political, and cultural landscape, locally, nationally, and internationally.

Criminal sittings ­ rape in the colony, New Zealand, 1862.

In 1862 His Honor, Justice Johnston, issued his instructions to the jury of the New Zealand Supreme Court for two simultaneous rape trials ­ the alleged rape of a European woman by two Maori men, and an alleged "assault with intent to commit a rape" of a Maori woman by a European man. This article argues that those instructions should be read within an historiographical critique of British colonial expansion, print capitalism and violence. Drawing on feminist postcolonial theorizing the question posed here, is, "What is the historical, ideological context for a newspaper reporting of the possible rape of a Maori woman in 1862?