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Books > Medicine > General issues > Medicolegal issues
The MMR controversy has been characterized by two one-sided
discourses. In the medical world, the weight of opinion is
overwhelmingly in favour of MMR. In the public world, the anti-MMR
campaign has a much greater influence, centred on the fears of
parents that the triple vaccine may cause autism in their children.
Both professionals and parents struggle to cope with the anxieties
this creates, but find it difficult to find a balanced account of
the issues.
The MMR controversy has been characterized by two one-sided
discourses. In the medical world, the weight of opinion is
overwhelmingly in favour of MMR. In the public world, the anti-MMR
campaign has a much greater influence, centred on the fears of
parents that the triple vaccine may cause autism in their children.
Both professionals and parents struggle to cope with the anxieties
this creates, but find it difficult to find a balanced account of
the issues.
Strategies in Workers' Compensation, written with the healthcare medical professional in mind, describes the nuts and bolts of workers compensation. The book details the history, laws, various stakeholders, costs, and problems encountered by healthcare providers. An emphasis is placed on the "difficult patient" with regard to management techniques for doctors, insurance companies, and employers. In addition, Strategies in Workers' Compensation offers reference material to aid in understanding the complex workers' compensation system. Human resource professionals, insurance adjusters, case managers, and nurses will find the information contained in this book useful in confronting the myriad of problems that arise within their respective fields. This book is a valuable resource for anyone who deals with the injured worker.
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.
This book examines the laws and regulations relating to the practice of pharmacy, and the regulation and control of drugs cosmetics, and medical devices. Most available pharmacy law texts thus far have been written by lawyers and present heavy, dense, legalistic reading that focuses on legal theory. Essentials of Pharmacy Law is written by a practicing pharmacist in clear, accessible, contemporary prose that concentrates on application.
Thirty years ago, English jurist Patrick Devlin wrote: "Is it not a pleasant tribute to the medical profession that by and large it has been able to manage its relations with its patients ... without the aid of lawyers and law makers." Medical interventions at the beginnings and the endings of life have rendered that assessment dated if not defeated. This book picks up some of the most important of those developments and reflects on the legal and social consequences of this metamorphosis over the past ten years, and will be of interest to students of law, sociology and ethics who want a considered and critical introduction to, and reflection on, key issues in these pivotal moments of human life.
This book provides a comparative and accessible analysis of key areas of healthcare law, comparing English law with selected common and civil law jurisdictions within a framework of law and medical ethics, and encompassing pivotal cases, codes and legislation. The introduction examines medical decision making, and legal and ethical frameworks in Western and non-Western cultures. Part I examines healthcare law in England and Wales, including abortion, consent, confidentiality, children, euthanasia, persistent vegetative state patients, organ transplantation, sterilisation of the mentally incapacitated, surrogacy, UK cloning proposals and the landmark conjoined twins case. Part II covers non-English common law jurisdictions such as Australia, New Zealand, Ireland and certain American jurisdictions. Civil law examples focus on France and Germany, and, where appropriate, Scandinavian countries. International perspectives on abortion laws and euthanasia are also provided. The book concludes with a comparative overview, which highlights common healthcare themes across various jurisdictions. Comparative Healthcare Law brings together information never previously accessible within the covers of one volume, making this unique book indispensable for scholars and practitioners in the field of healthcare law.
Text, Cases and Materials on Medical Law and Ethics presents a valuable collection of materials relating to often controversial areas of the law. Comprising extracts from statutes, cases and scholarly articles alongside expert author commentary and guidance which signposts the key issues and principles, this book is an ideal companion to this increasingly popular subject. Fully revised, this new edition incorporates expanded content, including: updated coverage of consent and decision making, including the the Montgomery v Lanarkshire Health Board (2015) judgment; the impacts of the EC directive for clinical trials and GDPR on the research use of patient data; and discussion of other recent developments in the case law, including the 2017 Charlie Gard litigation, the 2016 Privy Council decision in Williams v Bermuda on negligence causation, and the UK Supreme Court judgment in A & B v SS for Health (2017) on funding for patients from Northern Ireland seeking terminations elsewhere. Providing a comprehensive and up-to-date resource on this topical area of the law, this textbook is an invaluable reference tool for students of medical law as well as those studying medicine.
This unique collection focuses on the legal and ethical issues surrounding the medico-legal management of death. Each chapter throws up new and unusual problems in this area, highlighting the tension between personal autonomy and medical responsibility. The book thus charts a way through the moral minefield.
Despite its frequency and its potential severity, preventable medical harm is still prominent in American hospitals and continues to put an alarming amount of lives at risk, being the third leading cause of death in the United States. Even some of the most commonly performed surgeries, such as knee and hip replacements, are resulting in a rapidly increasing rate of surgical site infections. Patricia Morrill's book is specifically written for the healthcare industry. It fills the need for exposing how preventable harm is a systemwide problem and provides a step-by-step model to apply for raising process improvement to a strategic level. The approach is ideal for team training purposes. The Perils of Un-Coordinated Healthcare gives the reader both a personal and professional view of the impact of preventable medical harm, using case studies and observations on preventable deaths and healthcare practice alongside recommended research topics and resources. By looking at the work of both healthcare workers and their managing executives, this instructional text gives methods to assess workforces and self-assess the performances of managers. The book equips readers with a 360 view: patients, families, physicians, workforce, leaders and culture. Morrill's ten-step model of Process Improvement Strategy Deployment integrates Lean and Project Management methodologies for developing a problem-solving culture and initiating process improvement at a strategic level. It is essential reading for those in the healthcare industry.
Public health activity, and the state's public health responsibilities to assure the conditions in which people can be healthy, can only be achieved through different means of social coordination. This places law and regulation at the heart of public health. They are fundamental both to methods of achieving public health goals and to constraints that may be put on public health activity. As such, trainees, practitioners, and leaders in public health need to understand the breadth and nature of wide-ranging legal and regulatory approaches and the place of ethics in public health. Public Health Law, written by three leading scholars in the field, defines and examines this crucial area of study and practice. It advances an agenda whose scope extends far beyond that covered in traditional medical law and health care law texts. The authors provide an account of the scale of contemporary public health policy and practice and explain its philosophical depths and implications and its long legislative and regulatory history. They advance a definition of the field and explore how different legal approaches may serve and advance or constrain and delimit public health agendas. This ground-breaking book presents the field of public health ethics and law and goes on to examine the impact within the UK of private law, criminal law, public law, EU and international law, and 'softer' regulatory approaches. It is a primary point of reference for scholars, practitioners, and leaders working in public health, particularly those with an interest in law, policy, and ethics.
This collection of essays emphasizes society's increasingly responsible engagement with ethical challenges in emerging medical technology. Expansion of technological capacity and attention to patient safety have long been integral to improving healthcare delivery but only relatively recently have concepts like respect, distributive justice, privacy, and autonomy gained some power to shape the development, use, and refinement of medical tools and techniques. Medical ethics goes beyond making better medicine to thinking about how to make the field of medicine better. These essays showcase several ways in which modern ethical thinking is improving safety, efficacy and efficiency of medical technology, increasing access to medical care, and empowering patients to choose care that comports with their desires and beliefs. Included are complimentary ethical approaches as well as compelling counter-arguments. Together, the articles demonstrate how improving the quality of medical technology relies on every stakeholder -- not just medical researchers and scientists -- to assess each given technology's strengths and pitfalls. This collection also portends one of the next major issues in the ethics of medical technology: developing the requisite moral framework to accompany shifts toward patient-centred personalized healthcare.
Reveals both the promise and the pitfalls associated with a human rights approach to the women of color-focused reproductive rights activism of SisterSong How did reproductive justice-defined as the right to have children, to not have children, and to parent-become recognized as a human rights issue? In Reproductive Rights as Human Rights, Zakiya Luna highlights the often-forgotten activism of women of color who are largely responsible for creating what we now know as the modern-day reproductive justice movement. Focusing on SisterSong, an intersectional reproductive justice organization, Luna shows how, and why, women of color mobilized around reproductive rights in the domestic arena. She examines their key role in re-framing reproductive rights as human rights, raising this set of issues as a priority in the United States, a country hostile to the concept of human rights at home. An indispensable read, Reproductive Rights as Human Rights provides a much-needed intersectional perspective on the modern-day reproductive justice movement.
In Health in Ruins Cesar Ernesto Abadia-Barrero chronicles the story of El Materno-Colombia's oldest maternity and neonatal health center and teaching hospital-over several decades as it faced constant threats of government shutdown. Using team-based and collaborative ethnography to analyze the social life of neoliberal health policy, Abadia-Barrero details the everyday dynamics around teaching, learning, and working in health care before, during, and after privatization. He argues that health care privatization is not only about defunding public hospitals; it also ruins rich traditions of medical care by denying or destroying ways of practicing medicine that challenge Western medicine. Despite radical cuts in funding and a corrupt and malfunctioning privatized system, El Materno's professors, staff, and students continued to find ways to provide innovative, high-quality, and noncommodified health care. By tracking the violences, conflicts, hopes, and uncertainties that characterized the struggles to keep El Materno open, Abadia-Barrero demonstrates that any study of medical care needs to be embedded in larger political histories.
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.
In order for the information society to realise its full potential, personal data has to be disclosed, used and often shared. This book explores the disclosure and sharing of data within the area of healthcare. Including an overview of how health information is currently managed, the authors argue that with changes in modern society, the idea of personal relationships with a local GP who solely holds and controls your health records is becoming rapidly outdated. The authors aim to encourage and empower patients to make informed choices about sharing their health data. They do this by developing a three-stage theoretical model for change to the roles of the NHS and the individual. The study generates debate to stimulate and inspire new models and policy, and to provoke new visions for the sharing of healthcare data. Such discussion is framed through an exploration of the changing concept of 'privacy' and 'patient control' in healthcare information management. The volume draws on best practices from Europe and the USA and combines these to form a suggested vision for the UK as an early adopter of change. The volume will be essential reading for academics in the field of privacy and data protection, as well as healthcare and informatics professionals across different jurisdictions.
Surrogacy presents particularly complex questions for human rights law and theory. This book provides a unique and insightful examination into the underexplored issues of how domestic and international law is responding to the sharp increase in the use of surrogacy. The work presents critical analysis of the current regulation of surrogacy via domestic law in Australia, India and the USA, and international law in the form of the UN Convention on the Rights of the Child. Including a wide range of views from academics and practitioners around the world, the contributors consider what could be done to further protect the rights of all persons involved in surrogacy arrangements. This in-depth study of the international and domestic law governing surrogacy provides much needed scholarly knowledge of this contemporary phenomenon, along with recommendations for improvement, regulation and reform. The book will be of great importance to human rights and legal scholars, and well as practitioners in this field.
Exploring the patterns in the rich tapestry of medical law, this text is the most up-to-date work of its kind. After an introduction to bio-ethical principles, Australian Medical Law discusses the interplay of different areas of law as they impact on medical practice. The text considers the impact of contract, crime and tort law. Particular attention is given to competency and the thorny issue of consent to treatment. Other areas canvassed include confidentiality, access to medical records, complaints and transplants. The latest case law is included, as well as commentary on the Civil Liability Act. Clearly expressed and accessible, this text is relevant to all students and practitioners involved in the burgeoning field of medical law.
Increasingly globalization has meant that decisions made regarding medical care and health in one country may influence health and disease outcomes in other parts of the world. Recognizing that medical law should not be confined to national silos this handbook approaches medical law and ethics from a global perspective. Whilst respecting and analyzing national developments the chapters take a concerted international approach, looking comparatively at developments within each area. The book brings together leading scholars from both medical law and ethics backgrounds who have contributed specially commissioned pieces in order to present a critical overview and analysis of the current state of the field. The Handbook offers comprehensive coverage of longstanding and traditional topics in medical law and ethics, as well as providing dynamic insights into contemporary and emerging issues in this heavily debated field.Topics covered include: Human-animal medicine and medical research Public Health Access to resources and medicines Traditional, complementary and alternative medicines Regenerative Medicine This advanced level reference work will prove invaluable to scholars, students and researchers in the disciplines of law, medicine, dentistry, nursing, ethics and theology .
In Health in Ruins Cesar Ernesto Abadia-Barrero chronicles the story of El Materno-Colombia's oldest maternity and neonatal health center and teaching hospital-over several decades as it faced constant threats of government shutdown. Using team-based and collaborative ethnography to analyze the social life of neoliberal health policy, Abadia-Barrero details the everyday dynamics around teaching, learning, and working in health care before, during, and after privatization. He argues that health care privatization is not only about defunding public hospitals; it also ruins rich traditions of medical care by denying or destroying ways of practicing medicine that challenge Western medicine. Despite radical cuts in funding and a corrupt and malfunctioning privatized system, El Materno's professors, staff, and students continued to find ways to provide innovative, high-quality, and noncommodified health care. By tracking the violences, conflicts, hopes, and uncertainties that characterized the struggles to keep El Materno open, Abadia-Barrero demonstrates that any study of medical care needs to be embedded in larger political histories.
The distinguished contributors to Confidentiality probe the ethical, legal, and clinical implications of a deceptively simple proposition: Psychoanalytic treatment requires a confidential relationship between analyst and analysand. But how, they ask, should we understand confidentiality in a psychoanalytically meaningful way? Is confidentiality a therapeutic requisite of psychoanalysis, an ethical precept independent of psychoanalytic principles, or simply a legal accommodation with the powers that be? In wrestling with these questions, the contributors to Confidentiality are responding to a professional, ethical, and political crisis in the field of mental health. Psychotherapy - especially long-term psychotherapy in its psychoanalytic variants - has been undermined by an erosion of personal privacy that has become part of our cultural zeitgeist. The heightened demand for public transparency has forced caregivers from all walks of professional life to submit to increasing bureaucratic regulation. For the contributors to this collection, the need for confidentiality is centrally involved in the relationship of the psychotherapeutic professions both to society and to the law. No less importantly, the requirement of confidentiality brings a clarifying perspective to debates within the psychotherapeutic literature about the relationship of theory to practice. It thereby provides a framework for shaping a set of ethical principles specifically adapted to the psychotherapeutic, and especially to the psychoanalytic, relationship. Linking general issues of privacy to the intimate details of psychotherapeutic encounter, Confidentiality will serve as a basic guide to a wide range of professionals, including lawyers, social scientists, philosophers, and, of course, psychotherapists. Therapy patients, policy makers, and the wider public will also find it instructive to know more about the special protected conditions under which one can better come to "know thyself."
*Presents a user-friendly wealth of useable, practical, and viable malpractice solutions *Explains in-depth advice on avoiding malpractice claims and their negative consequences for doctors in every field *Offers a valuable resource of precise and practical strategies to prepare for depositions, court testimony, and a doctor's defense in the event of litigation
This book is a philosophically-oriented introduction to bioethics. It offers the reader an overview of key debates in bioethics relevant to various areas including; organ retrieval, stem cell research, justice in healthcare and issues in environmental ethics, including issues surrounding food and agriculture. The book also seeks to go beyond simply describing the issues in order to provide the reader with the methodological and theoretical tools for a more comprehensive understanding of current bioethical debates. The aim of the book is to present bioethics as an interdisciplinary field, to explore its close relation to other disciplines (such as law, life sciences, theology and philosophy), and to discuss the conditions under which bioethics can serve as an academically legitimate discipline that is at the same time relevant to society. As a systematic and methodologically rigorous overview, Bioethics: Methods, Theories and Principles will be of particular interest to academics and students in the disciplines of Law, Medicine, Ethics and Philosophy. 'This is a book that embraces neither a single ethical theory nor a pragmatic melange of just-so-principles. It is a thoughtful and engaging analysis of diverse theoretical foundations in Bioethics. It is also an enormous step towards conceptual and philosophical clarity in this fascinating area.' - Professor Christian Illies, Chair for Practical Philosophy at the Otto-Friedrich University Bamberg, Germany
The successful achievement of pregnancies following pre-implantation genetic diagnosis (PGD) was first reported in April 1990. The technology is often used for patients who are at substantial risk of conceiving a pregnancy affected by a known genetic disorder, however from this technology other more controversial uses have arisen such as HLA typing to save the life of a sibling, gender selection for social reasons, the prevention of late onset diseases, or the prevention of diseases which may be genetically predisposed to developing such as breast cancer. The technology surrounding PGD is constantly developing, giving rise to new and unexpected consequences that create fresh ethical and legal dilemmas. Featuring internationally recognized experts in the field, this book critically explores the regulation of PGD and the broader legal and ethical issues associated with it. It looks at the regulatory situation in a number of jurisdictions including New Zealand, Australia and the United Kingdom, but it also explores a number of themes of wide significance including a historical consideration of PGD and its part in the creation of the "genetic embryo" as a political tool, the over regulation of PGD and the ethical difficulties in handling additional unexpected medical information yielded by new technologies. This book will be of particular interest to academics and students of law, medicine and ethics. |
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