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.

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.

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.

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.

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.

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.

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.

While other books deal with the contemporary issue of the right to die, no attempt has been made to demonstrate substantially the historic nature of this question beyond the borders of the United States. Whiting demonstrates that the right to die controversy stretches back more than two thousand years, and he explains how current attitudes and practices in the U.S. have been influenced by the legal and cultural development of the ancient western world. This perspective allows the reader to understand not only the origins of the controversy, but also the different perspectives that each age has contributed to the ongoing debate.

Whiting discusses the development of legal rights within both western culture and the United States, then applies these developments to the question of the right to die. In an environment of public debate that features such emotional events as the exploits of Jack Kevorkian, the publication of how to suicide manuals, and the counterattacks of Right to Life groups, the United States is left with very few options.

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

Public policy surrounding the hotly debated issue of physician-assisted suicide is examined in detail. You ll find an analysis of the current legal standing and practice of physician-assisted suicide in several countries. Authors discuss the ethical principles underlying its legal and professional regulation. Personal narratives provide important first-hand accounts from professionals who have been involved in end-of-life issues for many years.

aCahn explores the relationships that underpin artificial reproductive technology: parenting, donating, and becoming (those who are the children brought to life through this process). . . . Much about assisted reproduction are the relationships that are fostered and challenged by the use of the technology, whether donor to potential parent, potential parent to state, surrogate to intended mother, or embryo to clinic, and after it is all adone, a child to parent.a
--Michele Goodwin, author of "Black Markets: The Supply and Demand of Body Parts"

The birth of the first test tube baby in 1978 focused attention on the sweeping advances in assisted reproductive technology (ART), which is now a multi-billion-dollar business in the United States. Sperm and eggs are bought and sold in a market that has few barriersto its skyrocketing growth. While ART has been an invaluable gift to thousands of people, creating new families, the use of someone elseas genetic material raises complex legal and public policy issues that touch on technological anxiety, eugenics, reproductive autonomy, identity, and family structure. How should the use of gametic material be regulated? Should recipients be able to choose the abesta sperm and eggs? Should a child ever be able to discover the identity of her gamete donor? Who can claim parental rights?

Naomi R. Cahn explores these issues and many more in Test Tube Families, noting that although such questions are fundamental to the new reproductive technologies, there are few definitive answers provided by the law, ethics, or cultural norms. The regulatory void outside of minimal requirements for gametic testing and limited protection against deceptivemarketing techniques used by fertility clinics creates thorny problems for all involved in the egg and sperm business.

As a new generation of adonor kidsa comes of age, Test Tube Families calls for better regulation of ART. It exhorts legal and policy-making communities to cease applying piecemeal laws and instead create laws that sustain the fertility industry, yet protect the interests of donors, recipients, and the children that result from successful transfers.

Incorporating real-life stories to illustrate her arguments, Cahn provides specific suggestions for legal reforms. The book sets out a series of controversial proposals, including an end to donor anonymity and a plea for states to clarify parentage decisions. She also calls for the federal government to regulate ART processes to ensure that donors are adequately protected against exploitation, that recipients receive the gametes they have been promised, and that the market functions ethically as well as efficiently.

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

Kapp's annotated list of 617 titles, in 13 sections, focuses on sources that discuss the `identifiable body of law concerned with personal and institutional relationships, implicated by the delivery of health care for the elderly.' This work is meant for health professionals, attorneys, researchers, educators, and advanced students. The succinct yet informative annotations cover references from January 1, 1980, to August 31, 1987. . . . Highly recommended. Choice Legal questions relating to health care for the elderly have grown increasingly numerous and complex. While these issues have been dealt with extensively by researchers and professional specialists, the literature has grown so vast in the past decade that it is difficult to keep abreast of legal developments. This bibliography is designed to assist practicing health, human services, and legal professionals as well as researchers, teachers, and students in identifying and evaluating information sources that will provide essential guidance on the legal implications of health care for the elderly. Organized in thirteen subject sections, the volume contains more than six-hundred annotated references dealing with institutional regulations and standards of care, disability determinations, decisionmaking for critically ill patients, involuntary commitment, advocacy services for the older health care consumer, and many other topics. Citations consist of books, book chapters, journal articles, and reports published from 1980 onwards. Entries are cross-referenced systematically, and author and subject indexes are provided. This important new reference will be an invaluable working tool for professionals and students who need to understand and deal with some of the most difficult issues in the field of modern health care.

Today, most people use prescription medications. Every year, the multi-billion dollar pharmaceutical industry produces new medicines that treat everything from arthritis to AIDS, from high cholesterol to depression. But, despite recent controversies regarding the safety of drugs, consumers know little about the medications that they ingest and inject. How are these new medicines invented? How do consumers know that drugs are safe and effective? How are they tested? Who regulates their production - and who watches the regulators? How do drug companies produce the vast quantities needed for the marketplace, and why do they market their drugs as they do? The New Medicines leads the reader through the maze of the modern drug industry - from bench to bedside - and provides consumers with a step-by-step understanding of how new medicines are created, approved, marketed, and sold. In addition to explaining how drugs reach the medicine cabinet, the author - an experienced researcher and teacher - provides the scientific and business background for understanding the current controversial issues surrounding new medicines, such as:

• The rise and fall of the COX-2 inhibitors, Vioxx and Celebrex, and the process by which they were invented, approved, and re-evaluated.
• The saga of the cancer drug Erbitux and its creator, the company Imclone, made famous as the centerpiece of the Martha Stewart insider-trading scandal
• The strengths and weaknesses of the approval process of the Food and Drug Administration
• The controversial new marketing techniques of the pharmaceutical industry

"Brackenridge's Medical Selection of Life Risks" has long been recognized as the leading reference book on insurance medicine. The fifth edition provides a comprehensive guide to life expectancy for underwriters and clinicians involved in the life insurance industry. Extensively revised and expanded the new edition reflects developments in life and healthcare insurance as well as medicine. There is expanded coverage of disability issues and full account is taken of new developments in genetics and gene therapy and also recent technology and regulatory and compliance issues. Part I deals with the principles of life and disability insurance and the logistics of life underwriting. Part II is devoted to a systematic clinical appraisal of underwriting problems, mainly relating to life insurance but also, where appropriate, to disability, critical illness and long term care insurance.

The authors of this work closely explore the incidence of problem youth behaviors and scrutinize the efficacy of existing prevention programs. This review includes interventions specifically designed to promote youth development or to minimize the long-term consequences of problem behaviors from violence and criminality, substance use and abuse, teen pregnancy and hazardous sexual behaviors, and school failure. Academics and professionals in public health social work, psychology, and school counseling will find special interest in this important work.

Can medical ethics be legislated? Can a complex bioethical question be definitively answered through legislation? In July 1987 the New York State legislature experimented with legislating medical ethics by amending the state's public health law to regulate Do Not Resuscitate' orders. The consequent law was complex and remains controversial. This volume reviews both the background bioethical debates and the elements of the public policy making process that are essential to understanding New York's experience with the DNR law. It features debates between leading exponents and critics of the law; case studies that examine the impact of New York's DNR law on clinicians, hospitals and patients; and a review of all empirical studies of the law by their lead authors. Appended to the volume is the New York State DNR law and a comprehensive set of background documents. The co-editors, Robert Baker and Martin A. Strosberg, are both professors at Union College, Schenectady, New York. They have collaborated on many projects including, Rationing America's Medical Care: The Oregon Plan and Beyond (Brookings, 1992).

Legal Medicine explores the legal issues that arise from government policy influencing medical practice, advances in medical technology, and new disease patterns. Articles by renowned experts cover timely and practical issues as well as academic and philosophical themes. This new volume contains incisive analyses of such topics as the medical and legal considerations in the treatment of AIDS patients, the use of lasers, the Bhopal tragedy, and the use of implantable cardiovascular devices.

Language, Literacy, and Health: Discourse in Brazils National Health System analyzes language, literacy, and health as social practices, with a focus on Brazils national health system, the Unified Health System (SUS). The SUS was established in the 1990s, offering free consultations, health promotion activities, and home visits by a professional team to the Brazilian population, and of particular interest is the Family Health Strategy program. This book is based on research conducted in two different Brazilian regions, the Northeast and the Southeast. Izabel Magalhaes and Kenia Lara da Silva discuss language and literacy as discourse-a very important dimension of health practice-and different uses of texts, including multimodal texts. The research and analysis, and the authors' ethnographic approach, bring to light some issues with SUS practices, and the authors suggest improvements. The book contributes to the debate about language and literacy in health practices, in which patients are partly responsible for keeping well.

Once dialysis treatment, in 1960, permitted life prolongation for some but not all patients in kidney failure, an ethical genie' was released. The introduction of peritoneal dialysis and kidney transplantation compounded the physician's dilemma by underscoring those left untreated. Who should be selected for uremia therapy? Should exclusion from treatment be properly delegated to administrators or physicians, or better left to a committee? Are some candidates more worthy than others? As examples: Do Presidents and Kings warrant priority in cadaver organ allocation over ordinary citizens? Are rich people more deserving than the poor? Is it ethical to choose a younger over an older patient? Can children and/or mentally incompetent persons serve as living organ donors? Is it proper to market organs under controlled circumstances? Eli A. Friedman, an experienced nephrology training program director, and Medical Advisor to the American Association of Kidney Patients, has collected 24 difficult cases that focus on these and other vexing though common stressful issues faced by those who manage kidney patients. Using a novel approach to each case, the opinions of lawyers, nephrologists, patients, and a transplant surgeon are proffered sequentially. Friedman asks and then answers searching questions arising from the debate. The quality of information presented is positively flavored by the fact that three of the respondents (one an attorney) are kidney transplant recipients. Members of the kidney team, those immersed in seeking truth in medical ethics, and all participating in exploring the legality or ethical basis of organ replacement will find this book pertinent to their effort.

The concept of reproductive health promises to play a crucial role in improving health care provision and legal protection for women around the world. This is an authoritative and much-needed introduction to and defence of the concept of reproductive health, which though internationally endorsed, is still contested. The authors are leading authorities on reproductive medicine, women's health, human rights, medical law, and bioethics. They integrate their disciplines to provide an accessible but comprehensive picture. They analyse 15 cases from different countries and cultures, and explore options for resolution. The aim is to equip readers to fashion solutions in their own health care circumstances, compatibly with ethical, legal and human rights principles.