Stem cell therapy is ushering in a new era of medicine in which we will be able to repair human organs and tissue at their most fundamental level- that of the cell. The power of stem cells to regenerate cells of specific types, such as heart, liver, and muscle, is unique and extraordinary. In 1998 researchers learned how to isolate and culture embryonic stem cells, which are only obtainable through the destruction of human embryos. An ethical debate has raged since then about the ethics of this research, usually pitting pro-life advocates vs. those who see the great promise of curing some of humanity's most persistent diseases.
In this book Cynthia Cohen agrees that we need to work toward a consensus on the issue of how we treat the embryo. But more broadly she claims that we need to transform and expand the ethical and policy debates on stem cells (adult and embryonic). This important and much-needed book is both a primer and a means by which to understand the implications of this research. Cohen starts by introducing readers to the basic science of stem cell research, and the core ethical questions surrounding the embryo. She then expands the scope of the debate, looking at the moral questions that will crop up down the line, such as e.g. the use of therapeutic cloning to overcome the body's immune resistance to stem cells; the ethics of using animals to test stem cells; how to disentangle federal and state legal and regulatory policies in pursuit of a coherent national policy; and how to develop an ethics of stem cell research that will accommodate new techniques and controversies that we cannot even foresee now. Her final chapter develops a concrete plan for an oversight systemfor this research.
This is the first single-author book that addresses the many broad ethical and legal issues related to stem cells, and it should be of great interest to bioethicists, researchers, clinicians, philosophers, theologians, lawyers, policy makers, and general readers.

This book examines patent law and policy in biotechnology across the full lifecycle of the patent, focusing on the patent bargain and the public interest. It considers the central issues of how to strike an effective balance of rights, and whether public interest is adequately safeguarded - two issues that are particularly important in areas of rapidly emerging technology. Expert contributors are brought together to explore patent eligibility in biotechnology, focusing on the fields of precision medicine, biofabrication and non-invasive prenatal testing. Chapters also explore the construction and coherence of exceptions to patentability,an examination of FRAND licensing in the context of the internet of medical things, and the possibility of using licensing to encourage or ensure the ethical use of patented technologies. With its carefully constructed analysis, this book will be an excellent resource for academic researchers, and students, in the fields of biotechnology law, pharmaceutical law and intellectual property law. It will also be useful for legal practitioners and policymakers, as well as charitable bodies and non-governmental organisations.

The contributors to this issue investigate the complex ways that policies of the Affordable Care Act (ACA) have diffused through the states over seven years of implementation. When the ACA was passed in 2010, states were given the option to set up their own health care exchanges, expand their Medicaid programs, and reform both their local public health and their health care delivery systems. These reforms significantly impacted citizens' access to insurance. Contributors examine how local conditions account for variation in enrollment across states, analyze the evolution of Medicaid waivers in Republican-led states, show how early-adopting states affected later adopters, explore the role of public opinion in the diffusion of ACA policies, and argue for the importance of rhetorical framing when advocating in favor of the ACA. Contributors. Frederick J. Boehmke, Timothy Callaghan, Rena Conti, Bruce A. Desmarais, Colleen M. Grogan, Jeffrey J. Harden, Lawrence Jacobs, David K. Jones, Andrew Karch, Elizabeth Maltby, Julianna Pacheco, Aaron Rosenthal, Abigail A. Rury, Phillip McMinn Singer, Craig Volden

Whether you are a doctor, nurse, student, or otherwise interested reader, the stories here will help you to understand how medicine works and how medical error can happen. The lifelong process of learning that is a medical career requires healthcare workers to find a way to live through these setbacks without either becoming too adept at putting them 'down to experience' and forgetting their social significance, or 'burning out' and leaving medicine. The stories and discussions here present detailed narratives, analyses, and reflections on medical errors through actions, omissions, and misunderstandings. They offer a uniquely honest perspective on the social implications of medical error and will enable healthcare workers at all levels to analyse and learn from it without losing sight of its impact.

Two towering figures in the field of health care policy analysis, Theodore R. Marmor and Rudolf Klein, reflect on a lifetime of thought in this wide-ranging collection of essays published in the wake of President Obama's health care reform. Presented as a kind of dialogue between the two, the book offers their recent writings on the future of Medicare; universal health insurance; conflicts of interest among physicians, regulators, and patients; and many other topics.

We live in a world in which courts crucially shape public policy through constitutional adjudication. This is a book written for that world. It brings together a group of distinguished scholars from many disciplines to examine the Supreme Court's recent decision that statutes prohibiting doctors from helping their patients commit suicide may be constitutional. It offers a guide to that decision and to the larger issues it raises for citizens and scholars alike. It asks everyone's first question: What does the decision mean for today and tomorrow? It asks the lawyer's question: Is the Supreme Court's reasoning clear and convincing? It asks the doctor's question: How will the decision affect the decisions physicians make with their patients? It asks the ethicist's question: Will the decision conduce to wise and just decisions at the end of life? It asks the historian's question: How are we to understand the Court's work in light of our disturbing national experience with euthanasia? Ultimately, it asks the questions citizens need to ask in our new world: Is constitutional adjudication a good way to make public policy? Are courts well equipped--with experience, with doctrine, with wisdom--to make good policy? What role should courts have in making policy in a democracy? Has the Supreme Court made good public policy? What is the right policy for law at the end of life?
Carl Schneider is Professor of Law, University of Michigan Law School.

This volume contains several analyses of health rights issues related to children. The various chapters provide an overview of this captivating area and may be of special interest to lawyers, health care professionals, ethicists, psychologists, judicial institutions, policy makers, interest groups, students and all others who are concerned with the children's rights perspective on health care.

Millions of people each year decide to participate in clinical trials--medical research studies involving an innovative treatment for a medical problem. For the patient, such participation can sometimes be a life-saving choice. But it can also be just the opposite. Our country years ago adopted rules designed to assure that people are making informed choices about participation. This book explains the reality behind those rules: that our current system of clinical trials hides much of the information patients need to make the right choices.
Witness the following scenarios:
-Hundreds of patients with colon cancer undergo a new form of keyhole surgery at leading cancer centers--never being told that 85% of colorectal surgeons, worried that it increases the risk of the cancer returning, would not themselves undergo that procedure.
-Tens of thousands of women at high risk of developing breast cancer are asked to participate in a major research study. They are told about the option of having both breasts surgically removed--but not told about the option of taking a standard osteoporosis pill that might cut the risk of getting breast cancer by one-half or more.
What The Doctor Didn't Say, principally written by a nationally prominent expert, is the first book to reveal many heretofore hidden aspects about the true nature of participation in clinical trials. It shows why options not commonly known--including getting a new treatment outside of a research study--can often be the best choice. It explains how patients can make good decisions even if there is only limited information about a treatment's effect. And it does this through the eye-opening stories of what is happeningdaily to thousands of people.
This book ends up confronting the fundamental dilemma of medical research: Participation in clinical trials plays a vital role in advancing knowledge, and many experts fear that if the information provided herein became widely known, fewer people would participate. But the authors demonstrate that there is no need to deceive people into participating in research. We can have a system that promotes participation while still providing truthful information to participants.

Stalking has increasingly drawn the attention of mental health professionals, legal professionals and the public. This book provides up-to-date information on a variety of areas within stalking research, including practical approaches to stalking risk assessment and management, along with unique information related to celebrity stalking, cyberstalking, and forensic assessment.

Dental hygienists and dental assistants need to be aware of current accepted legal processes related to such issues as infection control, insurance, malpractice, liability, and negligence. LEGAL AND ETHICAL CONSIDERATIONS FOR DENTAL HYGIENISTS AND ASSISTANTS provides them with strong theoretical and philosophical information concerning the legal, ethical, and management dilemmas that face the entire dental health team. Real-life examples with expert commentary and follow-up questions illustrate legal situations the dental hygienist or assistant may face.a consistent format for the most effective learning. Contains a case study at the beginning of each section to draw the student into a real-life situation that the hygienist or assistant could be faced with.Provides case study questions to stimulate students interest and promote greater discussion and understanding of difficult concepts. Includes a series of responses from experts in the field, providing a look at the cases through the eyes of professionals.Provides immediate clarification of vital legal terminology with Glossary terms and their definitions in the margins. Features author response to the case study, and answers to case study questions at the end of each section, so students can review vital information from the chapters and be sure theyve applied the information correctly to thecase study questions.Includes key words at the beginning of each chapter, so students can familiarize themselves with important legal terminology. Contains learning objectives at the beginning of each chapter to highlight important concepts the students need to comprehend.Provides a comprehensive glossary for students learning vital legal terminology.

Many advocates of euthanasia consider the criminal law to be an inappropriate medium to adjudicate the profound ethical and humanitarian dilemmas associated with end of life decisions. Euthanasia, Death with Dignity and the Law examines the legal response to euthanasia and end of life decisions and considers whether legal reform is an appropriate response to calls for euthanasia to be more readily available as a mechanism for providing death with dignity. Through an analysis of consent to treatment, living wills and autonomous medical decision making, euthanasia is carefully located within its legal, medical, and social contexts. This book focuses on the impact of euthanasia on the dignity of both the recipient and the practitioner while emphasizing the legal, professional, and ethical implications of euthanasia and its significance for the exercise of clinical discretion. It will provide a valuable addition to the euthanasia debate.

Post-mortem computed tomography (PMCT) is increasingly used in forensic pathology practice in many jurisdictions. Such imaging has expanded the capacity to evaluate skeletal trauma improving the visualisation, documentation and presentation of forensic findings. Typically when deceased persons are located and exhibit evidence of trauma, forensic pathologist, anthropologists and radiologists base their interpretations of the mechanism of trauma on their experience and understanding of the biomechanics of fractures as well as recognisable patterns of injury. In order to augment this process, An Atlas of Forensic Skeletal Trauma presents a range of de-identified adult and child skeletal trauma cases that occur in medico-legal contexts where the cause of death and mechanism of trauma are recorded. An Atlas of Forensic Skeletal Trauma includes comprehensive photographs and PMCT images as well as descriptive text.

The Sunday Times top ten bestseller... 'Nobody knew what was going on behind those doors. We were human toys. Just a piece of meat for someone to play with.' Barbara O'Hare was just 12 when she was admitted to the psychiatric hospital, Aston Hall, in 1971. From a troubled home, she'd hoped she would find sanctuary there. But within hours, Barbara was tied down, drugged with sodium amytal - a truth-telling drug - and then abused by its head physician, Dr Kenneth Milner. The terrifying drug experimentation and relentless abuse that lasted throughout her stay damaged her for life. But somehow, Barbara clung on to her inner strength and eventually found herself leading a campaign to demand answers for potentially hundreds of victims. A shocking account of how vulnerable children were preyed upon by the doctor entrusted with their care, and why it must never happen again.

Incorporating in-depth interviews, statistical data, and prior studies, Fielding illustrates how modern medicine is a victim of its own success. The historical record since the early 19th century shows that the rate of malpractice claims has increased as medicine developed new and more complex procedures. Fielding integrates macro- and micro-levels of analysis to explain how scientific medicine is inherently prone to adverse outcomes no matter how competent medical provides are and how patients often feel their personal experiences and views are marginalized during the course of their medical care. This combination makes it more likely that patients will sue when something goes wrong.

The so-called medical practice crisis is mostly the result of a system of health care that has promoted professional dominance and high-tech care. This system both shapes and is shaped by the daily clinical context in which patients, physicians, and other providers interact. The key policy implication would be to place greater emphasis on primary care and prevention rather than curative or high-tech interventions. For example, aggressive programs to ensure primary care for all, public health, occupational health, and accident reduction would go a long way to improve both the health of the population and reduce the rate of medical malpractice claims.

The healthcare delivery system in the United States is inundated with medical malpractice and liability issues, and there is no consensus about causes or solutions. Both physicians and an alliance of lawyers and consumer groups agree that there is a crisis, but physicians claim that the current medical malpractice system inheres in too many lawsuits while the lawyers argue that the current level of litigation is insufficient. Multivariate statistical methods are used in this much needed effort to investigate the effects of medical malpractice on various aspects of health care.

After introducing the various tort reforms that have been proposed and implemented by some states, the author analyzes the impact of these reforms on medical malpractice payment rates, claim payments, malpractice insurance, and in dental malpractice. The impact of malpractice liability on costs, licensure, disciplinary action, the supply of physicians, and the practice of defensive medicine are also covered. This is an essential guide for students in law, medicine, and health administration, as well as anyone who wants to research these issues for public policy.

The review and analysis of medical records is a very important part of any personal injury or malpractice case. This book provides an introduction to the law and basic principles as they apply to medical records. It provides a comprehensive list of guidelines for obtaining, reviewing, interpreting, and understanding the documents in a typical record. It offers a useful glossary, a selection of relevant websites, a review of state laws that deal with access to medical records, and an extensive list of abbreviations that may be encountered in clinical practice. While the author does not offer specific legal advice, he gives the reader all of the tools needed to research and utilize medical records. Laypersons, attorneys, paralegals, legal assistants, nursing professionals, medical practice administrators, risk managers, and law students will find this a very useful reference and guidebook.

As society struggles to cope with the many repercussions of assisted life and death, the evening news is filled with stories of legal battles over frozen embryos and the possible prosecution of doctors for their patients' suicide. Using an "institutional" approach as an alternative to the prevailing "rights" based analysis of problems in law and medicine, this study explains why society should resist the tendency to look to science and law for a resolution of intimate matters, such as how our children are born and how we die. Palmer's institutional approach demonstrates that legislative analysis is often more important than judicial analysis when it comes to issues raised by new reproductive technologies and physician-assisted suicide. A reliance on individual rights alone for answers to the complex ethical questions that result from society's faith in scientific progress and science's close alliance with medicine will be insufficient and ill-advised. Palmer predicts that the key role of the family as a societal institution will mean that questions of assisted reproduction will be resolved more in response to market forces than through legal intervention. However, he does support a strong role for legislatures in decisions involving the physicians' role in our deaths. These findings are based on the differing views of the Supreme Court justices in these matters: a tendency to protect family formation from state interference (as in abortion decisions), but support of a legislative obligation to control medicine (assisted suicide). According to Palmer, recent Supreme Court decisions on physician assisted suicide usher in a new era in how legal institutions will resolve biomedical dilemmas.

A thorough exploration of an individual's right to bodily autonomy versus the state's power to regulate and control the bodies of its citizens. The Human Body on Trial asks the basic question: Who's in charge of your body-you or the authorities? Four narrative chapters examine key constitutional questions addressed by the U.S. Supreme Court over the past century concerning the power of the state to regulate the human body, placing the issues in historical context and examining the contemporary legal and medical knowledge that informed each decision. The book focuses on individual cases, such as Jacobson v. Massachusetts (compulsory vaccination), Buck v. Bell (forced sterilization), and Roe v. Wade (abortion), and discusses such controversial issues as AIDS testing and physician-assisted suicide. A special reference section includes court decisions and other primary documents. Timeline of major events in the evolution of the legal right of individual autonomy from the ratification of the 14th Amendment in 1868 to the 2002 ruling in State of Oregon and Peter Rasmussen, et al. v. John Ashcroft regarding implementing Oregon's Death with Dignity Act Excerpts from key legal documents from the Roe v. Wade (1973) decision to the lesser known Skinner v. Oklahoma (1942) ruling by the Supreme Court overturning the mandated sterilization for three-time offenders convicted of certain felonies

Students and professional nurses at any level of clinical practice will find this book to be a vital resource on the basic legal concepts and principles of malpractice, liability, and risk management, and their implications for the profession. The book also provides detailed strategies for dealing with these issues. The content is also highly relevant to practitioners in all other health care and legal disciplines that collaborate in the delivery of health care. Issues discussed include the expanding and evolving roles for professional nurses and the concomitant legal accountability and risk for liability, the increasing incidence of nurses named as defendants in malpractice lawsuits, anticipated changes in our health care delivery system, and breakthroughs in science and technology that will present new legal questions. The book also includes material on other important facets of today's nursing practice, including the growing phenomenon of tele-nursing, the essentials of malpractice insurance, and the legal significance of documentation and patients' medical records. It helps the reader identify the nurse at risk for a malpractice suit and the characteristics of the patient likely to sue. The appendices provide information on state laws concerned with access to medical records, a list of useful websites, a list of state boards of nursing, and a glossary of important terms.

In recent years a lot of emphasis has been placed on obtaining consent for surgical and medical procedures to avoid litigation. This has become an integral part of clinical risk management and clinical governance. Problems relating to consent are the reason for a great proportion of medico-legal claims. Adequate, informed consent and better record keeping will avoid a lot of complaints and litigation. This book aims to help to understand the types of consent , how to obtain consent, and its medico-legal implications when things go wrong. It is designed to help in obtaining consent for common procedures undertaken in obstetrics and gynaecology. It is intended not only for doctors, but also for midwives, nursing staff, medical students and allied health professionals. And it is also particularly relevant for overseas doctors who are new and generally less familiar with the risk management, clinical governance and litigation system in the UK. Another use of this book is to provide an invaluable on the spot reference for various operations and their complications, ways and means of minimising risk, and dealing with difficult situations. The speciality of obstetrics and gynaecology is sued more frequently than any other. This book should help all those who are involved in the ob/gyn department to minimise the risk and danger of incurring such action.

Informed consent - as an ethical ideal and legal doctrine - has been the source of much concern to clinicians. Drawing on a diverse set of backgrounds and two decades of research in clinical settings, the authors - a lawyer, a physician, a social scientist, and a philosopher - help clinicians understand and cope with their legal obligations and show how the proper handling of informed consent can improve , rather than impede, patient care. Following a concise review of the ethical and legal foundations of informed consent, they provide detailed, practical suggestions for incorporating informed consent into clinical practice. This completely revised and updated edition discusses how to handle informed consent in all phases of the updated edition discusses how to handle informed consent in all phases of the doctor-patient relationship, use of consent forms, patients' refusals of treatment, and consent to research. It comments on recent laws and national policy, and addresses cutting edge issues such as fulfilling physician obligations under managed care. This clear and succinct book contains a weath of information that will not only help clinicians meet the legal requirements of informed consent and understand its ethical underpinnings, but also enhance their ability to deal with their patients more effectively. It will be of value to all those working in areas where issues of informed consent are likely to arise, including medicine, biomedical research, mental health care, nursing, dentistry, biomedical ethics, and law.

Established in 1969, Cyril Wecht's Legal Medicine series has, in the words of a review of the 1982 volume, helped validate and develop the field which it reports. Legal Medicine's format assembles articles by experts dealing with a range of topics in the field of legal medicine and forensic science. The contributors provide balanced coverage of timely and practical issues.

A provocative presentation of medicolegal controversies within the American court system from the late 19th through the late 20th century. Medicine on Trial: A Handbook with Cases, Laws, and Documents chronicles the changing role of medicine in the American courtroom during the last 150 years. Integrating legal, historical, and medical perspectives, this comprehensive compilation tackles such public controversies as the "right to die" in the case of Karen Ann Quinlan, Dr. Jack Kevorkian and assisted suicide laws, reproductive rights cases such as "Baby M," and issues surrounding mental illness. The book gives special attention to medical personnel as expert witnesses in the courtroom, a challenge which calls into question deeply rooted notions of professionalism and ethics. A series of criminal and bioethics cases highlights the wide range of debates, while a lively discussion presents issues that may become even more controversial in the future, such as DNA testing and artificial reproductive technology. Includes entries on key people such as Thomas Noguchi, laws including the Frye Rule, and key concepts such as informed consent Provides a chronology of the most important events in the history of medicine in the courtroom, including the Baby M and duty-to-disclose cases

Organ transplantation is one of the most dramatic interventions in modern medicine. Since the 1950s thousands of people have lived with 'new' hearts, kidneys, lungs, corneas, and other organs and tissues transplanted into their bodies. From the beginning, though, there was simply a problem: surgeons often encountered shortages of people willing and able to give their organs and tissues. To overcome this problem, they often brokered financial arrangements. Yet an ethic of gift exchange coexisted with the 'commodification of the body'. The same duality characterized the field of blood transfusion, which was essential to the development of modern surgery.
This book will be the first to bring together the histories of blood transfusion and organ transplantation. It will show how these two fields redrew the lines between self and non-self, the living and the dead, and humans and animals. Drawing on newspapers, magazines, legal cases, films and the papers and correspondence of physicians and surgeons, Lederer will challenge the assumptions of some bioethicists and policymakers that popular fears about organ transplantation necessarily reflect timeless human concerns and preoccupations with the body. She will show how notions of the body- intact, in parts, living and dead- are shaped by the particular culture in which they are embedded.

Located between three powerful phenomena, public health, the law and social stigma, methadone maintenance treatment attracts loyal advocates, vociferous critics and innumerable engaged onlookers. This book aims to examine the controversial approach to addiction, providing in the process a unique approach to literature on illicit drugs