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

This book provides for an extensive legal analysis of the international drug control system in light of the growing challenges and criticism that this system faces. In the current debate on global drug policy, the central pillars of the international drug control system - the UN Drug Conventions as well as its institutions - are portrayed as outdated, suppressive and seen as an obstacle to necessary changes. The book's objective is to provide an in-depth and positivist insight into drug control's present legal framework and thus provide for a better understanding of the normative assumptions upon which drug control is currently based. This is attained by clarifying the objectives of the international drug control system and the premises by which these objectives are to be achieved. The objective of the current global framework of international drug control is the limitation of drugs to medical and scientific purposes. The meaning of this objective and its concrete implications for States' parties as well as its problems from the perspective of other regimes of international law, most notably international human rights law, are extensively analysed. Additionally, the book focuses on how the international drug control system attempts to reach the objective of confining drugs to medical and scientific purposes, i.e. by setting up a universal system that exercises a rigid control on drug supply. The consequences of this heavy focus on the reduction of drug supply are outlined, and the book concludes by making suggestions on how the international drug control system could be reformed in the near future in order to better meet the existing challenges. The analysis occurs from a general international law perspective. It aims to map the international drug control system within a wider context of international law and to understand whether the problems that the international drug control system faces are exemplary for the difficulties that institutionalized systems of global scope face in the twenty-first century.

This book explores patient safety themes in developed, developing and transitioning countries. A foundation premise is the concept of 'reverse innovation' as mutual learning from the chapters challenges traditional assumptions about the construction and location of knowledge. This edited collection can be seen to facilitate global learning. This book will, hopefully, form a bridge for those countries seeking to enhance their patient safety policies. Contributors to this book challenge many supposed generalisations about human societies, including consideration of how medical care is mediated within those societies and how patient safety is assured or compromised. By introducing major theories from the developing world in the book, readers are encouraged to reflect on their impact on the patient safety and the health quality debate. The development of practical patient safety policies for wider use is also encouraged. The volume presents a ground-breaking perspective by exploring fundamental issues relating to patient safety through different academic disciplines. It develops the possibility of a new patient safety and health quality synthesis and discourse relevant to all concerned with patient safety and health quality in a global context.

This book,the second produced by the Cambridge Socio-Legal Group, is a collection of essays on the subject of law and the human body. As the title suggests, bodies and body parts are not only subject to regulation through formal legal processes, but also the meanings attached to particular bodies, and the significance accorded to some body parts, are aspects of broader cultural processes. In short, bodies are subjected to both lore and laws. The contributors, all leading academics in the fields of Law, Sociology, Psychology, Feminism, Criminology, Biology and Genetics, respectively, offer a range of interdisciplinary papers that critically examine how bodies are constructed and regulated in law. The book is divided into two parts. Part one is concerned with 'Making Bodies' and includes papers relating to transactions in human gametes, cloning, court-ordered caesarean sections, testing for genetic risk, the patenting of human genes and the social policy implications of the growth in genetic information. Part two is concerned with 'Using and Abusing Bodies'. It contains chapters relating to sexualities, sexual orientation and the law, sex workers and their clients, domestic homicide, religious and cultural practices and other issues involving children's bodies, the ownership of the body and body parts and the legal and ethical issues surrounding euthanasia.

Written by two therapists with extensive business experience, Mastering the Financial Dimension of Your Psychotherapy Practice addresses the clinical and financial challenges of establishing and maintaining a successful private practice. This book contains updated content on investing strategies, changes in the insurance marketplace, and trends in the marketing of a psychotherapy practice. The first of five sections explores the life cycle of the modern therapy practice, offering best business and investing practices for each phase. In the second and third sections, the authors consider the emotional dimension in the development of a private practice. The fourth section offers a basic course in financial planning, including an investigation into five common financial mistakes therapists make and various solutions to each situation. The fifth section is designed to offer a road map of actions to take in establishing a financial plan. Concluding the book is an inspirational discussion of how the therapist in private practice can create a career with meaning, fulfillment, personal satisfaction, and solid financial rewards.

Whenever the legitimacy of a new or ethically contentious medical intervention is considered, a range of influences will determine whether the treatment becomes accepted as lawful medical treatment. The development and introduction of abortion, organ donation, gender reassignment, and non-therapeutic cosmetic surgery have, for example, all raised ethical, legal, and clinical issues. This book examines the various factors that legitimatise a medical procedure. Bringing together a range of internationally and nationally recognised academics from law, philosophy, medicine, health, economics, and sociology, the book explores the notion of a treatment, practice, or procedure being proper medical treatment, and considers the range of diverse factors which might influence the acceptance of a particular procedure as appropriate in the medical context. Contributors address such issues as clinical judgement and professional autonomy, the role of public interest, and the influence of resource allocation in decision-making. In doing so, the book explores how the law, the medical profession, and the public interact in determining whether a new or ethically contentious procedure should be regarded as legitimate. This book will be of interest and use to researchers and students of bioethics, medical law, criminal law, and the sociology of medicine. Chapter 6 of this book 'Family perspectives on proper medical treatment for people in prolonged vegetative and minimally conscious states' by Celia Kitzinger and Jenny Kitzinger is available under an open access CC BY NC ND license and can be viewed at: http://preview.ncbi.nlm.nih.gov/books/prevqa/NBK199156/ .

Decisions to withdraw or withhold life-sustaining treatment are contentious, and offer difficult moral dilemmas to both medical practitioners and the judiciary. This issue is exacerbated when the patient is unable to exercise autonomy and is entirely dependent on the will of others. This book focuses on the legal and ethical complexities surrounding end of life decisions for critically impaired and extremely premature infants. Neera Bhatia explores decisions to withdraw or withhold life-sustaining treatment from critically impaired infants and addresses the controversial question, which lives are too expensive to treat? Bringing to bear such key issues as clinical guidance, public awareness, and resource allocation, the book provides a rational approach to end of life decision making, where decisions to withdraw or withhold treatment may trump other competing interests. The book will be of great interest and use to scholars and students of bioethics, medical law, and medical practitioners.

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.

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.

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.

Over the last quarter of a century, the fields of medical ethics and of legal issues related to medical practice have rapidly developed for a number of reasons. Firstly, the provision of healthcare nowadays is based on a complicated partnership between healthcare providers, patients, administrators and organizations responsible for providing finance; this complicated partnership frequently results in clashes of views, opinions, and priorities, which have a major ethical and legal dimension. Secondly, a major event of the 21st century is the development of multicultural societies; healthcare-related decisions thus have to be made on the background of so many different ethnicities, religions, cultures and languages, resulting in a great spectrum of ethical and legal implications. Thirdly, in the modern world, people are more mobile and can easily and cost-effectively seek treatment outside of their country of origin or residence, which raises many ethical and legal issues. Lastly, the development of new medical specialties, modern and advanced treatments for very challenging patients, and the introduction of new technologies in medical practice have dramatically broadened the spectrum of ethical and legal issues related to medical practice. This book will therefore aim to cover in detail general principles and specific issues related to the ethical and legal dimensions of modern surgical practice.

Decisions to withdraw or withhold life-sustaining treatment are contentious, and offer difficult moral dilemmas to both medical practitioners and the judiciary. This issue is exacerbated when the patient is unable to exercise autonomy and is entirely dependent on the will of others. This book focuses on the legal and ethical complexities surrounding end of life decisions for critically impaired and extremely premature infants. Neera Bhatia explores decisions to withdraw or withhold life-sustaining treatment from critically impaired infants and addresses the controversial question, which lives are too expensive to treat? Bringing to bear such key issues as clinical guidance, public awareness, and resource allocation, the book provides a rational approach to end of life decision making, where decisions to withdraw or withhold treatment may trump other competing interests. The book will be of great interest and use to scholars and students of bioethics, medical law, and medical practitioners.

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.

Phil Fennell's tightly argued study traces the history of treatment of mental disorder in Britain over the last 150 years. He focuses specifically on treatment of mental disorder without consent within psychiatric practice, and on the legal position which has allowed it. Treatment Without Consent examines many controversial areas: the use of high-strength drugs and Electro Convulsive Therapy, physical restraint and the vexed issue of the sterilisation of people with learning disabilities. Changing notions of consent are discussed, from the common perception that relatives are able to consent on behalf of the patient, to present-day statutory and common law rules, and recent Law Commission recommendations. This work brings a complex and intriguing area to life; it includes a table of legal sources and an extensive bibliography. It is essential reading for historians, lawyers and all those who are interested in the treatment of mental disorder.

Genetics research with stored human tissues provides many benefits and holds much promise. Yet how this critical research is conducted sometimes raises serious ethical, legal, and social concerns, and it is difficult to balance the promise of biomedical research with our time-honored commitments to individual choice in such fundamental matters as control over personal health information and the disposition of our bodily tissues.
Weir and Olick provide a thorough analysis of this critical phase in the era of genomic medicine. While strongly supportive of the biomedical research enterprise, they develop a critique of many common research practices with banked tissues, DNA, and genetic data. Noting numerous examples of beneficial human tissue research, they focus on problematic research practices, controversial cases, and federal and institutional policies that limit the informed choices of patients and research participants. The authors offer a series of recommendations intended to limit the risks of inadequate informed consent to research for individuals, families, and groups, and to strengthen the bonds of trust between the research enterprise and the public upon which biomedical progress depends.
This book offers a wealth of information plus well-reasoned recommendations that will be of keen interest to geneticists, other biomedical scientists, research institutions, policymakers, students and others. It will serve as a clarion call to move beyond traditional policies and practices toward a richer understanding of partnership between patients and research participants and the biomedical research enterprise - a partnership for the benefit of all.

Whether you're new to higher education, coming to legal study for the first time or just wondering what Medical Law is all about, Beginning Medical Law is the ideal introduction to help you hit the ground running. Starting with the basics and an overview of each topic, it will help you come to terms with the structure, themes and issues of the subject so that you can begin your Medical Law module with confidence. Adopting a clear and simple approach with legal vocabulary carefully clarified, Claudia Carr breaks the subject of Medical Law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence. Beginning Medical Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes.

Presents a provocative look at various syndromes familiar to forensic psychologists, as applied to criminal cases and the pathology of suicide and homicide victims Provides information previously available only in the Spanish-language edition Combines the work of world-renowned experts to look at the criminal, legal, and psychological facets of various diagnoses and case examples Offers insight into the psychological state of suicide victims, considering their state of mind as a "psychological autopsy"

Whether you're new to higher education, coming to legal study for the first time or just wondering what Medical Law is all about, Beginning Medical Law is the ideal introduction to help you hit the ground running. Starting with the basics and an overview of each topic, it will help you come to terms with the structure, themes and issues of the subject so that you can begin your Medical Law module with confidence. Adopting a clear and simple approach with legal vocabulary carefully clarified, Claudia Carr breaks the subject of Medical Law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence. Beginning Medical Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes.

Now includes a brand new introductory chapter, explaining how medical law has developed, highlighting key ethical issues and locating the law within its wider political and sociological contexts. Unique pedagogic approach sets this book apart by helping the student to engage with complex and detailed legal concepts and the modern, attractive layout enhances the visual appeal of the text Numerous citations, quotations and extracts mean that students will be exposed to primary sources of legal language and cases and judgments are highlighted making them easy to find for cross-reference and revision Concepts and terms are explained clearly allowing for maximum accessibility and understanding, making this an ideal textbook for both law and non-law students Supporting website at www.unlockingthelaw.co.uk provides interactive mcqs, podcasts of key recent developments in medical law as well as updates to the cases and legislation discussed within the text

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 .

This book deals with the following important legal questions related to childbirth. When a woman is pregnant, does the law have any part to play in protecting the fetus from harm? Should it intervene, for example, if she is taking illegal drugs or has, at the time of delivery, declined to accept medical advice? And how does---and should---the law respond when something goes wrong and the baby is born injured or disabled? Do damages claims provide outcomes, which are fair to the woman, her child, and the doctors, and midwives who have cared for them?

This volume in "The SAGE Reference Series on Disability "explores ethical, legal, and policy issues of people with disabilities, and is one of eight volumes in the cross-disciplinary and issues-based series, which examines topics central to the lives of individuals with disabilities and their families. With a balance of history, theory, research, and application, specialists set out the findings and implications of research and practice for others whose current or future work involves the care and/or study of those with disabilities, as well as for the disabled themselves. The presentational style (concise and engaging) emphasizes accessibility. Taken individually, each volume sets out the fundamentals of the topic it addresses, accompanied by compiled data and statistics, recommended further readings, a guide to organizations and associations, and other annotated resources, thus providing the ideal introductory platform and gateway for further study. Taken together, the series represents both a survey of major disability issues and a guide to new directions and trends and contemporary resources in the field as a whole.

Advances in genetic technology will lead to novel legal challenges. This book identifies four potential genomic claims which may be articulated as novel negligence challenges. Each of these claims is considered from the perspective of the English courts' approach to novel kinds of damage. It is argued that these novel genomic claims are unlikely to be favourably received given the current judicial attitude to new forms of damage. However, Victoria Chico argues that the genomic claims could be conceived of as harm because they concern interferences with autonomy. Each claim is considered from the perspective of a hypothetical English negligence system imbued with explicit recognition of the interest in autonomy. Chico examines how recognition of this new form of damage would lead to novel genomic negligence claims being treated in a way which they would not, if considered within traditional parameters of harm in negligence.

In Medical Tourism & Inequity in India, Kristen Smith explores Indian private hospitals and their role in the global healthcare service supply chain within various religious, social, cultural, historical, and economic contexts. Drawing on critical medical anthropology theories as well as health and human rights perspectives, Smith problematizes the assumed independence between the medical tourism industry, the commodification of the Indian healthcare system, and the local populations facing critical health issues, while highlighting the rapid transformation of healthcare services into merely another global commodity.

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