Clinicians must practice medicine in conformity with regulatory requirements. That is the daily challenge, and those requirements have been founded on medical law. This book describes clinical law. A series of 62 brief commentaries are described, each setting out an important clinical legal case decided in an English court. The clinical relevance of the judgement is explained, together with how it should influence the care of the patient. Clinical readers are given skeleton guidance by their regulators, but almost no specific tuition as to how to apply it. This book sets out how clinical law has been applied in numerous cases, and thus provides guidance which is directly applicable to every clinician's practice in the United Kingdom. Although most court cases concentrate on the medical aspects of patients' care, the common currencies within clinical law touch on all clinical professions. Doctors, physiotherapists and others take consent every day; pharmacists must protect confidentiality; speech therapists consider the capacity of their patients; and nurses wrestle with discussions relating to whether their patients wish to be resuscitated The book is directed at members of the eight regulated clinical professions, the lawyers who deal with disputes, and all potential patients. About the Author Robert Wheeler, RCS MS LLB(Hons) LLM is a Consultant Neonatal and Paediatric Surgeon. He is the Associate Medical Director for the Department of Clinical Law, University Hospital of Southampton, Southampton Hampshire, England and Honorary Senior Lecturer, University of Southampton. https://www.uhs.nhs.uk/HealthProfessionals/Clinical-law-updates/Clinicallawupdates.aspx

Clinicians must practice medicine in conformity with regulatory requirements. That is the daily challenge, and those requirements have been founded on medical law. This book describes clinical law. A series of 62 brief commentaries are described, each setting out an important clinical legal case decided in an English court. The clinical relevance of the judgement is explained, together with how it should influence the care of the patient. Clinical readers are given skeleton guidance by their regulators, but almost no specific tuition as to how to apply it. This book sets out how clinical law has been applied in numerous cases, and thus provides guidance which is directly applicable to every clinician's practice in the United Kingdom. Although most court cases concentrate on the medical aspects of patients' care, the common currencies within clinical law touch on all clinical professions. Doctors, physiotherapists and others take consent every day; pharmacists must protect confidentiality; speech therapists consider the capacity of their patients; and nurses wrestle with discussions relating to whether their patients wish to be resuscitated The book is directed at members of the eight regulated clinical professions, the lawyers who deal with disputes, and all potential patients. About the Author Robert Wheeler, RCS MS LLB(Hons) LLM is a Consultant Neonatal and Paediatric Surgeon. He is the Associate Medical Director for the Department of Clinical Law, University Hospital of Southampton, Southampton Hampshire, England and Honorary Senior Lecturer, University of Southampton. https://www.uhs.nhs.uk/HealthProfessionals/Clinical-law-updates/Clinicallawupdates.aspx

A 30-year-old Polish lady is admitted in labour. This is her first pregnancy and she is full term. She is in a lot of pain, her liquor is stained with meconium and the trace of her baby's heart is classified as pathological. Her grasp of English is limited. You have been asked to obtain her consent for a caesarean section... 100 Cases in Clinical Ethics and Law explores legal and ethical dilemmas through 100 clinical scenarios typical of those encountered by medical students and junior doctors in the emergency or outpatient department, on the ward or in the community setting. Covering issues such as consent, capacity, withdrawal of treatment, confidentiality and whistle-blowing, each scenario has a practical problem-solving element, encouraging readers to explore their own beliefs and values including those that arise as a result of differing cultural and religious backgrounds. Answer pages highlight key points in each case, providing advice on how to deal with the emotive issues that occur when practising medicine and guidance on appropriate behaviour. Making speedy and appropriate decisions, and choosing the best course of action to take as a result, is one of the most important and challenging parts of training to become a doctor. These true-to-life cases will teach students and junior doctors to recognize ethical and legal dilemmas as they arise, and to respond appropriately.

Published in 1998, this book is a collected volume of papers from the first conference of the European Network for Biomedical ethics. The main subject of this conference is the ethical assessment of IVF in view of its concrete application as an infertility treatment and the consideration of possible alternatives for use. Twenty years after the introduction and the establishment of this therapy a more concrete evaluation of its medical indications, social conditions and consequences, the psychological consequences for the women involved and the parent-child relationship becomes possible. The legal and ethical evaluation of the reproduction technology as regards for example the legal and moral status of supernumery embyos in cryo-conservation has also to be considered in a European perspective. The ethical evaluation concentrates today on the new evolution that IVF technology takes in relation to the extension of diagnostics possibilities due to genetic research. Little work has been done on the connection between IVF and genetic diagnostics and therapy, so the medical and ethical evaluation of the connecting lines are also included in the book.

Medicine has recently discovered spectacular tools for human enhancement. Yet to date, it has failed to use them well, in part because of ethical objections. Meanwhile, covert attempts flourish to enhance with steroids, mind-enhancing drugs, and cosmetic surgery-all largely unstudied scientifically. The little success to date has been sporadic and financed privately. In How to Build a Better Human, prominent bioethicist Gregory E. Pence argues that people, if we are careful and ethical, can use genetics, biotechnology, and medicine to improve ourselves, and that we should publicly study what people are doing covertly. Pence believes that we need to transcend the two common frame stories of bioethics: bioconservative alarmism and uncritical enthusiasm, and that bioethics should become part of the solution-not the problem-in making better humans.

Is the legal protection that is given to the expression of Abrahamic religious belief adequate or appropriate in the context of English medical law? This is the central question that is explored in this book, which develops a framework to support judges in the resolution of contentious cases that involve dissension between religious belief and medical law, developed from Alan Gewirth's Principle of Generic Consistency (PGC). This framework is applied to a number of medical law case studies: the principle of double effect, ritual male circumcision, female genital mutilation, Jehovah's Witnesses (adults and children) who refuse blood transfusions, and conscientious objection of healthcare professionals to abortion. The book also examines the legal and religious contexts in which these contentious cases are arbitrated. It demonstrates how human rights law and the proposed framework can provide a gauge to measure competing rights and apply legitimate limits to the expression of religious belief, where appropriate. The book concludes with a stance of principled pragmatism, which finds that some aspects of current legal protections in English medical law require amendment.

Healthcare Ethics, Law and Professionalism: Essays on the Works of Alastair V. Campbell features 15 original essays on bioethics, and healthcare ethics specifically. The volume is in honour of Professor Alastair V. Campbell, who was the founding editor of the internationally renowned Journal of Medical Ethics, and the founding director of three internationally leading centres in bioethics, in Otago, New Zealand, Bristol, UK, and Singapore. Campbell was trained in theology and philosophy and throughout his career worked with colleagues from various disciplines, including law and various branches of healthcare. The diversity of topics and depth of contributors' insights reflect the breadth and impact of Campbell's philosophical work and policy contributions to healthcare ethics. Throughout his long academic career, Campbell's emphasis on healthcare ethics being practice-oriented, yet driven by critical reflection, has shaped the field in vital ways. The chapters are authored by leading scholars in healthcare ethics and law. Directly engaging with Campbell's work and influence, the essays discuss essential questions in healthcare ethics relating to its methodology and teaching, its intersection with law and policy, medical professionalism, religion, and its translation in different cultural settings. Chapters also grapple with specific enduring topics, such as the doctor-patient relationship, justice in health and biomedical research, and treatment of the human body and the dead.

The Global Burden of Disease Study (GBD) is one of the largest-scale research collaborations in global health, distilling a wide range of health information to provide estimates and projections for more than 350 diseases, injuries, and risk factors in 195 countries. Its results are a critical tool informing researchers, policy-makers, and others working to promote health around the globe. A study like the GBD is, of course, extremely complex from an empirical perspective. But it also raises a large number of complex ethical and philosophical questions that have been explored in a series of collaborations over the past twenty years among epidemiologists, philosophers, economists, and policy scholars. The essays in this volume address issues of current and urgent concern to the GBD and other epidemiological studies, including rival understandings of causation, the aggregation of complex health data, temporal discounting, age-weighting, and the valuation of health states. The volume concludes with a set of chapters discussing how epidemiological data should and should not be used. Better appreciating the philosophical dimensions of a study like the GBD can make possible a more sophisticated interpretation of its results, and it can improve epidemiological studies in the future, so that they are better suited to produce results that can help us to improve global health.

This study is an imaginative coverage of multi-moral, ethical, and legal cultural differences and similarities for future use by students in the fields of biology, medicine, pharmacology, healthcare, and the biopharmaceutical industry. The similarities and differences in the various approaches to bioethics among nations lead us to an unavoidable conclusion: The moral dimensions of human existence cannot be captured by a single culture. It is the differentiations of multiculturalism. Moreover, the following features prove invaluable by revealing pragmatic ethical issues and problems among bioscientists, biotechnologists, biomedical clinicians, and bioresearchers: * To develop conceptual skills to integrate human dynamic innovations. * To indicate why bioethics in diverse cultures is an essential phenomenon. * To understand the increased role of the level of biotechnology through bioscientific synergy and prodigy. * To develop a framework of analysis to enable a student to discuss how bioscientific advances and biotechnological breakthroughs will change human nature. * To develop an understanding of the scope of biotechnological innovation and how it differs from the natural somatic structures. * To develop an ability to analyze and evaluate qualitative bioethical value systems for the future of the human race.

Biobanking, i.e. storage of biological samples or data emerging from such samples for diagnostic, therapeutic or research purposes, has been going on for decades. However, it is only since the mid 1990s that these activities have become the subject of considerable public attention, concern and debate. This shift in climate is due to several factors. The purpose of this book is to investigate some of the ethical, legal and social challenges raised by research biobanking in its different modern forms and formats. The issues raised by research biobanking in its modern form can be divided into four main clusters: how biological materials are entered into the bank; research biobanks as institutions; under what conditions researchers can access materials in the bank, and problems concerning ownership of biological materials and of intellectual property arising from such materials; and how the information is collected and stored, e.g. access-rights, disclosure, confidentiality, data security and data protection.

Most people think the risks of reproductive cloning are so high as to make trying to clone a person immoral. Even if the medical risks could be reduced greatly, many believe a clone would still risk great psychological harm, and that the practice of reproductive cloning would also be detrimental to society. Others dismiss these concerns as speculative, and point to the possible good they believe it could do. But we need not wait for the first clone to be born to systematically consider the possible psychological and social ramifications of cloning. Marshalling psychological and sociological theory and research, and drawing upon extensive clinical experiences as a psychiatrist and psychotherapist, Levick explores the various dimensions of cloning. Clone Being attempts to anticipate possible consequences for a clone, his or her 'parents' and family, and society. Psychotherapy case material enlivens and illustrates the book and the reader is helped to identify 'clone-like' aspects of his or her own experience and mental life, and of contemporary life. Through this process, the book comes to important conclusions about human nature, including the crucial roles of intimacy, sex, and sexuality for society. The clinical and scientifically grounded insights of this book should help inform the reader's ethical judgments and attitudes about cloning people.

This book challenges the unchallenged methods in medicine, such as "evidence-based medicine," which claim to be, but often are not, scientific. It completes medical care by adding the comprehensive humanistic perspectives and philosophy of medicine. No specific or absolute recommendations are given regarding medical treatment, moral approaches, or legal advice. Given rather is discussion about each issue involved and the strongest arguments indicated. Each argument is subject to further critical analysis. This is the same position as with any philosophical, medical or scientific view. The argument that decision-making in medicine is inadequate unless grounded on a philosophy of medicine is not meant to include all of philosophy and every philosopher. On the contrary, it includes only sound, practical and humanistic philosophy and philosophers who are creative and critical thinkers and who have concerned themselves with the topics relevant to medicine. These would be those philosophers who engage in practical philosophy, such as the pragmatists, humanists, naturalists, and ordinary-language philosophers. A new definition of our own philosophy of life emerges and it is necessary to have one. Good lifestyle no longer means just abstaining from cigarettes, alcohol and getting exercise. It also means living a holistic life, which includes all of one's thinking, personality and actions. This book also includes new ways of thinking. In this regard the "Metaphorical Method" is explained, used, and exemplified in depth, for example in the chapters on care, egoism and altruism, letting die, etc.

+ Clearly exposes the most frequent calumnies made against science + Shows how dogmatic religion, the financial interests of certain industries, and opportunistic politicians sometime work in cohort to undermine the public’s trust in science + Acknowledges that science’s most mistaken critics are often skilled communicators, and that effectively defending science requires an equally skilled defense + Shows that while the “Science Wars“ of the 1990s have abated, their effects on some of the methodologies in higher education and the larger population continue + Examines three case studies to clearly illustrate how reliable scientific knowledge is secured: • Eratosthenes’ discovery of the circumference of the earth • Louis Pasteur’s development of anthrax and rabies vaccines • The rapid emergence of scientific consensus regarding continental drift

What is 'legal' about bioethics? What are the ideas and artefacts that bioethics encompasses, and how are they related to law? What is the role of law in bioethics? In this work, Calvin Ho attempts to address these questions in the context of the governance of human pluripotent stem cell research. In essence, he argues that the hybridization of law, through processes, devices and techniques of juridification, has helped to constitute bioethics as a public sphere and an emergent civic epistemology.Drawing on his multi-sited ethnographic fieldwork and on Actor-Network-Theory, Ho explains how the law has, through bioethics, contributed to the scientific and public understanding of human pluripotent stem cell research and its artefacts, particularly the embryo and human-animal combinations. Although the focus of his work is on bioethical developments in Singapore over a period of more than 15 years, parallel developments in key jurisdictions (especially the United States of America and the United Kingdom) and in international science policy are also evaluated. It is through appreciating how it has progressed that bioethics will be better able to engage with future challenges presented by advances in human embryo research and gene editing techniques, among others.

The wealth of insights into the brain 's functioning gained by neuroscience in recent years led to the development of new possibilities for intervening in the brain such as neurotransplantation, neural prostheses and brain stimulation techniques. Moreover, new and safer classes of psychopharmaceutical drugs lend themselves to neuroenhancement applications, i.e. they could be used to enhance cognitive capacities or emotional well-being without therapeutic need. This book offers extensive state-of-the-art accounts for these novel kinds of intervention, indicates future developments, and discusses the relevant philosophical, ethical and legal issues.

This book criticizes the suggestive implication of newer bioethics that we need a new ethical paradigm in order to handle with the innovations of medicine and biotechnology. It holds that these innovations have a suggestive character at all which is not relevant however in order to justify a paradigm shift in ethics. Especially the suggestions of reproduction, genetics, mercy killing and neuroscience reveal a misunderstanding about ethics. Moreover they show inevitably theological implications they actually like to avoid especially in secular ethics.

What is 'legal' about bioethics? What are the ideas and artefacts that bioethics encompasses, and how are they related to law? What is the role of law in bioethics? In this work, Calvin Ho attempts to address these questions in the context of the governance of human pluripotent stem cell research. In essence, he argues that the hybridization of law, through processes, devices and techniques of juridification, has helped to constitute bioethics as a public sphere and an emergent civic epistemology.Drawing on his multi-sited ethnographic fieldwork and on Actor-Network-Theory, Ho explains how the law has, through bioethics, contributed to the scientific and public understanding of human pluripotent stem cell research and its artefacts, particularly the embryo and human-animal combinations. Although the focus of his work is on bioethical developments in Singapore over a period of more than 15 years, parallel developments in key jurisdictions (especially the United States of America and the United Kingdom) and in international science policy are also evaluated. It is through appreciating how it has progressed that bioethics will be better able to engage with future challenges presented by advances in human embryo research and gene editing techniques, among others.

Is it lawful for a doctor to give a patient life-shortening pain relief? Can treatment be lawfully provided to a child under 16 on the basis of her consent alone? Is it lawful to remove food and water provided by tube to a patient in a vegetative state? Is a woman's refusal of a caesarean section recommended for the benefit of the fetus legally decisive? These questions were central to the four focal cases revisited in this book. This book revisits nine landmark cases. For each, a new leading judgment is attributed to an imagined judge, Athena, who operates within the constraints of the legal system of England and Wales. Her judgments accord with an innovative legal theory, referred to as 'modified law as integrity', and are linked as a line of precedent. The result is a re-spinning of extant judicial threads into a web of legal principles with a greater claim to coherence and defensibility than those in the original cases. The book will be of great interest to scholars and students of medical law, criminal law, bioethics, legal theory and moral philosophy.

Biomedical Ethics Reviews * 1990 is the eighth volume in a series of texts designed to review and update the literature on issues of central importance in bioethics today. Two topics are discussed in the present volume: (1) Should the United States Adopt a National Health Insurance Plan? and (2) Are the NIH Guidelines Adequate for the Care and Protection of Laboratory Animals? Each topic constitutes a separate section in our text; introductory essays briefly summarize the contents of each section. Bioethics is, by its nature, interdisciplinary in character. Recog nizing this fact, the authors represented in the present volume have made every effort to minimize the use of technical jargon. At the same time, we believe the purpose of providing a review of the recent literature, as well as of advancing bioethical discussion, is admirably served by the pieces collected herein. We look forward to the next volume in our series, and very much hope the reader will also.

Public Bioethics collects the most influential essays and articles of James F. Childress, a leading figure in the field of contemporary bioethics. These essays, including new, previously-unpublished material, cohere around the idea of 'public bioethics,' which concerns the analysis and assessment of public policies in biomedicine, health care, and public health. The volume is divided into four sections - The first examines the principle of respect for autonomy and paternalistic policies and practices. The second explores the tension between bioethics, public policy, and religious convictions, such as the right of health care providers to conscientiously refuse to provide treatment to certain patients. The third section looks at practices and policiies related to organ transplantation; Childress places particular focus on determining death, obtaining first-person consent for deceased organ donation, fairly allocating donated organs, and related issues in the distribution of scarce resources. The final section maps the broad terrain of public ethics; Childress propoposes a triage framework for the use of resources in public health crises, addresses public health interventions that potentially infringe civil liberties, and sheds light on John Stuart Mill's misunderstood legacy on public health ethics. Public Bioethics deftly explicates both contemporary bioethical issues and the processes involved in determining appropriate policies and publicly justifying collective recommendations, reflecting the author's vast experience serving on public bioethics committees, particularly at the national level in the United States. Providing a thorough account of the principles that govern issues within the healthcare system, this book will appeal to bioethicists, physicians, and public policy-makers.

Law, Palliative Care and Dying critically examines the role of the legal framework in shaping the boundaries of palliative care practice. The work underlines the importance of a distinct legal framework for specialist palliative care which can provide clarity for both the healthcare professional and the patient. It examines the legal and ethical justifications for specialist palliative care practices and, in doing so, it questions the legitimacy of the distinction between euthanasia and practices such as palliative sedation. Moreover, this work discusses the influence of a human rights discourse on palliative care and examines the contribution of autonomy, dignity, and the right to palliative care. This book includes detailed comparative research on several European jurisdictions. The jurisdictions illustrate varied approaches to palliative care regulation and promotion. In this manner, the role of professional guidelines and legislation are drawn out and common themes in the regulation of palliative care emerge.

This book addresses well-known issues - the ethical, legal, and social implications of human genetics - but does so from an unusual perspective: the perspective of the scientific community itself. In distinction to what is common in the ELSI literature, the book also discusses bioethical method. A new kind of casuistry is developed on the basis of the empirical findings of cognitive semantics. It will be of interest to philosophers, bioethicists, geneticists, and policymakers.

Suffering is a central component of our lives. We suffer pain. We fall ill. We fail and are failed. Our loved ones die. It is a commonplace to think that suffering is, always and everywhere, bad. But might suffering also be good? If so, in what ways might suffering have positive, as well as negative, value? This important volume examines these questions and is the first comprehensive examination of suffering from a philosophical perspective. An outstanding roster of international contributors explore the nature of suffering, pain, and valence, as well as the value of suffering and the relationships between suffering, morality, and rationality. Philosophy of Suffering: Metaphysics, Value, and Normativity is essential reading for students and researchers in philosophy of mind, philosophy of psychology, cognitive and behavioral psychology as well as those in health and medicine researching conceptual issues regarding suffering and pain.

Debate regarding organ sales is largely innocent of the history of thought on the matter. This volume seeks to remedy this shortcoming. Positions for or against a market in human organs are nested within moral intuitions, ontological or political theoretical premises, or understandings of special moral concerns, such as permissible uses of the body, which have a long history of analysis. The essays compass the views of Plato, Aristotle, Aquinas, Locke, Kant, Hegel, Mill and Christianity, as well as particular methodological approaches, such as the phenomenology of the body, natural law theory, legal theory and libertarian critique of legal theory. These discussions cluster a number of conceptually independent philosophical concerns: (1) What is the appropriate understanding of the relationship between persons and their bodies? (2) What does it mean to own' an organ? (3) Do governments have moral authority to regulate how persons use their own body parts? (4) What are the costs and benefits of a market in human organs? Such questions are related by an urgent public health challenge: the considerable disparity between the number of patients who could significantly benefit from organ transplantation and the number of human organs available for transplantation. This volume explores the theoretical, normative, and historical foundations for alternative policies for procurement and transplantation of human organs.