Research: Medical Law

The field of Medial Law is associated to the Centre through a collaboration with the Department of Law at Uppsala University.

The group around professor Elisabeth Rynning at the Department of Law is growing and CRB has recruited two associate professors to our team of biobank researchers, Anna-Sara Lind and Jane Reichel.

What is medical law

Medical law is a comparatively new academic topic in Swedish legal science. In 2003, Uppsala University was the first Nordic university to introduce a chair in this discipline, as a joint venture between the Faculty of Law and the Faculties of Medicine and Pharmacy. The chair is also associated to the Centre for Research Ethics and Bioethics. Medical law is part of the curriculum for future health care professionals as well as an optional topic for advanced level courses offered to law students. Also in other ways, Medical law transcends traditional divisions, since it involves a number of legal areas such as public law, private law, criminal law and international law, as well as the relationship between law and ethics. Research in this area is of obvious relevance to society at large, not least given the impact of rapid developments in biomedicine and information technology, but also with regard to more traditional legal issues in health care and research. This young discipline meets an increasing demand for studies concerning the role of law in different types of biomedical activities, but also aims at providing a more comprehensive understanding of the interaction between different normative and regulatory systems governing the field of biomedicine.

Medical law deals with legal aspects of emerging scientific developments, concerning for example stem cell research, genetic diagnosis, reproduction technology or new e-health applications. Studies in this area of law can also include the regulation of pharmaceuticals and forensic medicine, as well as the organisation and supervision of health care and research, obligations and liability, the status and rights of patients and research subjects, etcetera.

Developments in European and international law have considerable implications also in Medical law, giving rise to new demands for harmonisation or – in some cases – the ascertainment of domestic law and specific national interests. Medical law ultimately concerns fundamental human rights and human dignity in the field of biomedicine, legal aspects of public interest in medical advances combined with reasonable health care spending, as well as the protection of financial interests and property rights in for example the pharmaceutical and biotech sector. Examples of ongoing research include participation in the Uppsala based multi-disciplinary Linné excellence programme The Impact of Religion - Challenges for Society, Law and Democracy. As a part of theme 4 of this programme, a work package focussed on the right to health aims to provide a better understanding of the legal implications of good healthcare in a modern multi-cultural society.

What are the rights and obligations of patients, health care professionals and health care providers respectively, in a society of increasing cultural and religious diversity? The work package also addresses certain medico-legal aspects of human identity, human dignity and the value of human life, at the beginning and end of life.
Collaboration with other research groups at the Nordic and international level form a part of the research carried out in this field.

Other ongoing projects include joint comparative studies of Nordic health law, e.g. concerning the implementation of the Council of Europe Biomedicine Convention and the legal status of patients, as well as more nationally focussed analysis of the impact of international public law on Swedish law in the field of biomedicine.
E-health, genetics and biobanking continue to constitute important areas of interest.

The first LLD project in Medical Law was completed in December 2011 and dealt with quality assurance in Swedish health care – responsibility and regulation.

Another, ongoing, LLD project deals with which way healthcare professionals' religious beliefs and values have an impact on their obligations to provide good healthcare.

Contact and more information:

• Anna-Sara Lind, Associate Professor of Public Law
  
  
  
  
• Jane Reichel, Associate Professor of Administrative Law
  
  

Department of Law:

• Elisabeth Rynning, Professor of Medical Law
  
  
  
  
• Ewa Axelsson, LLD Student
  
  
  
  
• Kavot Zillén, LLD Student
  
  

Visiting address:
Department of Law
Uppsala University
Box 512
SE-751 20 Uppsala