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Article

The Ringworm Case and the Lost Opportunities for the Construction of a Collective Healing Process

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2017
Keywords public health, apology, disclosure of medical errors, collective healing process, ringworm case
Authors Dr. Nili Karako Eyal
AbstractAuthor's information

    The issue of apology and disclosure of medical errors in the context of the physician- patient relationship has attracted increasing attention in recent years. On the other hand, it has received little attention in the context of public health activities, thus missing the collective healing potential of apologizing and providing information to the public.
    The purpose of this paper is to enrich the discussion regarding apologies and disclosure errors in the context of public health. To fulfil this purpose, the paper addresses the ringworm case, which is a well- known episode in the history of Israeli public health policy. More specifically, the paper focuses on a decision handed by the Israeli Supreme Court in the Eibi Case (2015), which recognized a duty to inform ringworm patients about the medical error involved in their treatment and its results. The paper seeks to examine whether this decision succeeded where other legal means failed, in the construction of a collective healing process. The paper concludes that although the Eibi Case provided the court an opportunity to contribute to the creation of a collective healing process of ringworms patients, the decision didn’t fully realize this potential.


Dr. Nili Karako Eyal
Dr. Nili Karako-Eyal is a Senior Lecturer at the School of Law, The College of Management Academic Studies, Rishon LeZion, Israel.
Article

Therapeutic Justice and Vaccination Compliance

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2017
Keywords public health, trust, vaccination, health law, health policy
Authors Shelly Kamin-Friedman
AbstractAuthor's information

    Recent decades have witnessed the appearance of multiple grounds for vaccine hesitancy. One of the options to deal with this phenomenon is legislative. Given that vaccination enforcement through law raises allegations of infringement of constitutional rights, interventions seeking to promote vaccination compliance should rather address the factors that influence vaccine hesitancy, which are – by and large – related to trust in health authorities. Trust in health authorities may be promoted by a procedure for compensating the comparatively few vaccination victims reflecting a willingness to acknowledge liability and commitment to social justice.
    A qualitative study of the Israeli Vaccination Victim Insurance Law was conducted by the author. The study involved document content analysis (legislative protocols, Court judgments) and semi-structured in-depth interviews with informants representing different legal, medical and ethical perspectives. The thematic analysis found that the Israeli Vaccination Victim Insurance Law and its implementation in Court do not attain their therapeutic potential with respect to the promotion of trust. Barriers to claim submissions and the denial of all claims submitted according to the law do not permit the acknowledgement of liability or the demonstration of the authorities’ commitment to social justice.
    Recognizing the therapeutic power of the Law may lead to adaptations or amendments promoting trust in the health authorities and subsequently fostering vaccine compliance.


Shelly Kamin-Friedman
Adv. Shelly Kamin-Friedman, LL.B, MHA is a specialist in Health Law and a Ph.D. candidate at Ben-Gurion University of the Negev, Be'er Sheva, Israel.
Article

Intersecting Professions

A Public Health Perspective on Law to Address Health Care Conflicts

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2017
Keywords public health, Alternative Dispute Resolution, public law, health promotion
Authors Michal Alberstein and Nadav Davidovitch PhD
AbstractAuthor's information

    This paper examines the intersection between the two professions – law and medicine – with reference to systematic transformations that have characterized their development in the past century. In particular, the paper examines the co-emergence of the new public health and health promotion scholarship along with the development of the Alternative Dispute Resolution (ADR) movement in the second half of the 20th century. The two movements, with their later developments, have aspired to change the focus of professionals in the field, and both have been tremendously successful on the one hand, and on the other have remained marginal to mainstream training and identity building of contemporary lawyers and doctors.


Michal Alberstein
Michal Alberstein is a Full Professor at The Faculty of Law, Bar-Ilan University, Israel. She is also the Primary Investigator on an ERC consolidator grant to study Judicial Conflict Resolution (JCR).

Nadav Davidovitch PhD
Nadav Davidovitch, MD, MPH, PhD is an epidemiologist and public health physician. He is a Full Professor and Director, School of Public Health, Faculty of Health Sciences and the Guilford-Glaser Faculty of Business and Management at Ben-Gurion University of the Negev in Israel.
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