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.

In Our Veterans, Suzanne Gordon, Steve Early, and Jasper Craven explore the physical, emotional, social, economic, and psychological impact of military service and the problems that veterans face when they return to civilian life. The authors critically examine the role of advocacy organizations, philanthropies, corporations, and politicians who purport to be "pro-veteran." They describe the ongoing debate about the cost, quality, and effectiveness of healthcare provided or outsourced by the Department of Veterans Affairs (VA). They also examine generational divisions and political tensions among veterans, as revealed in the tumultuous events of 2020, from Black Lives Matter protests to the Trump-Biden presidential contest. Frank and revealing, Our Veterans proposes a new agenda for veterans affairs linking service provision to veterans to the quest for broader social programs benefiting all Americans.

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.

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.

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.

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.

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.

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.

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.

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.

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

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

Daniel Callahan---whose cofounding of The Hastings Center in 1969 was one of the most important milestones in the history of bioethics--has written on an uncommonly wide range of issues over a long career. They have moved back and forth between clinical care of individual patients and the ethical problems of health care research and delivery. Through his many writings, four core problems have recurred in all of his work, and influence each of the others. What is health and how has its understanding been shaped by medical progress and the culture of medicine and society? What is progress, a deep value in modern health care and how should we judge it? What kinds of technological innovations that come out of the drive for progress are really good for us-and what do we do when there is a clash between individual good and social good in the use of expensive technologies, a problem now evident in the unsustainable high costs of health care? How should our understanding of the place of an inevitable death in all our lives, and its place in medicine, help us to better think of the goals of medicine and the goals of our life in seeking a good death? Those four questions have been with bioethics from its beginning and will remain with it for the indefinite future. They are the roots of bioethics.

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.

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

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.

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.

The book includes an examination of sources of law important to addiction and its treatment. The foundations for forensic work in professional legal testimony is explored (e.g., legal system, case law precedent, statutes governing addictions, civil and criminal procedures). The science of addiction is featured including the biology of addiction, addiction as a brain disease, responsibility vs. loss of control, development of addictions, and the role of genetics and environment. Drug testing, its uses with forensic populations, what the tests show and do not show, controversies in using tests in the general population also receives extensive treatment. Addiction and mental illness in forensic populations is highlighted for addiction treatment and continuing care. Case studies and landmark cases illustrate the role of alcohol, drug use, and addictions in legal decisions.
*Focused primarily on alcohol and drug addictions
*Case studies and landmark cases are included to illustrate the role of alcohol/drugs in legal decisions (e.g., the Exxon Valdez case)
*Brief overview of legal system and drug courts will be useful to clinicans, lawyers, administrators, and other professionals

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