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Résumés du XXXIIIe Congrès International de droit et de santé ...

Résumés du XXXIIIe Congrès International de droit et de santé ...

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will be presented. Also, the stability of HPA and ANS activity <strong>du</strong>ring adolescence will bediscussed from a more m<strong>et</strong>hodological point of view.Brain Interventions and the LawBjoern Schmitz-Luhn, University of Cologne (b.schmitz-luhn@uni-koeln.<strong>de</strong>)Deep Brain Stimulation has become an example of a most promising, reversible and versatilenew m<strong>et</strong>hod of treatment for a vari<strong>et</strong>y of psychiatric conditions – only it involves entering thepatient’s brain. In clinical practice, the law is one of the major challenges to interventions in themost vital, personality-controlling, and sensitive organs of the human body. A whole frameworkof rules needs to be obeyed by physicians. While these legal norms differ internationally, theirfunction always inclu<strong>de</strong>s safeguarding both the patient’s autonomy to <strong>de</strong>ci<strong>de</strong> wh<strong>et</strong>her to un<strong>de</strong>rgotreatment and to weigh risks and potential benefits of intervention, as well as adherence to thestandard of quality for medical treatment. But what are the rules that doctors have to almostuniversally obey? This presentation will give an overview of internationally fundamental aspectsof the law, categorizing requirements for good clinical practice regardless of the specificjurisdiction by their function, role and historical background, including the protection of patients’rights, the most difficult question of how to <strong>de</strong>al with impaired patient autonomy, enrolment inclinical trials vs. indivi<strong>du</strong>al treatment attempts, <strong>et</strong>hical rules of con<strong>du</strong>ct, the impact ofconstitutional law, and the avoidance of liability.15. Bringing Lawyers and Healthcare Professionals Tog<strong>et</strong>her inTeaching, Decision-Making, and Standard of CareInterdisciplinary Teaching Strategies in Mental Health LawLynne Hanson, Queen’s University (lh2@queensu.ca)Renee Fitzpatrick, Kingston General Hospital, Kingston, Canada (rfitzpatrick@maplefht.ca)Many mental health professionals perceive a fundamental conflict b<strong>et</strong>ween lawyers andphysicians in the mental health context. Traditionally, lawyers have championed the indivi<strong>du</strong>alrights of patients, seeking to maximize patient autonomy by protecting their right to bodilyintegrity and self-<strong>de</strong>termination. Conversely, the role of the physician is to act in the patient’sbest interests, ensure their well-being, and provi<strong>de</strong> the best care possible. The authors contendthat these conflicting values are a reality that must be addressed by lawyers and healthcareprovi<strong>de</strong>rs alike; both tread a fine line, struggling to discern and respect patient self-<strong>de</strong>terminationwhile simultaneously me<strong>et</strong>ing patients’ needs for care and treatment. They suggest that the46

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