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Books > Medicine > General issues > Medicolegal issues
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.
This new book provides a clear and accessible analysis of the various ways in which human reproduction is regulated. A comprehensive exposition of the law relating to birth control,abortion, pregnancy, childbirth, surrogacy and assisted conception is accompanied by an exploration of some of the complex ethical dilemmas that emerge when one of the most intimate areas of human life is subjected to regulatory control. Throughout the book, two principal themes recur. First, particular emphasis is placed upon the special difficulties that arise in regulating new technological intervention in all aspects of the reproductive process. Second, the concept of reproductive autonomy is both interrogated and defended. This book offers a readable and engaging account of the complex relationships between law, technology and reproduction. It will be useful for lecturers and students taking medical law or ethics courses. It should also be of interest to anyone with a more general interest in women's bodies and the law, or with the profound regulatory consequences of new technologies.
The number of people suffering from Multiple Chemical Sensitivity (MCS) is greater than the number suffering from AIDS, yet the general public and the medical community know very little about the disease. More and more people are disabled daily, despite the fact that the condition does not have to occur. In Part One of this work, experts review the research into the disease, along with treatment strategies. Part Two examines the legal recourses available to MCS sufferers, such as workers' compensation claims and product liability suits. How the medical community has often worked against MCS sufferers is the focus of Part Three, demonstrating that medical opposition to the disease is unfounded. The editor, an MCS sufferer, details her own case in Part Four.
What is it like to be sued for medical malpractice? Bad medical outcomes traumatize patients but they also traumatize physicians. The litigation that often follows is a profoundly human, rather than just a legal experience. Although every physician's case is different, this book shows how each case goes through the same judicial stages of complaint, discovery, depositions, motions, and delays that lead to trial, settlement, or being dropped. It also gives doctors an understanding of how lawyers think and work to help defendants. Written by a physician and a lawyer, the book provides unique insights - through real-life stories - into the personal experience of litigation as well as recommendations for dealing with each of the legal process. It also includes up-to-date reviews of HIPAA legislation, the controversial subject of disclosure, and recent developments in the law affecting medical practitioners. Only about thirty percent of plaintiffs win their cases against doctors, but the journey from bedside to witness stand tests both the personal character and the professional skills of those accused. This well-documented book will help doctors understand and navigate the legal system while honouring their own ideals and emerging changed but stronger from the experience.
This volume examines the evolution of reproductive law in Italy from the 'far west' of the 1980s and 90s through to one of the most potentially restrictive systems in Europe. The book employs an array of sociological, philosophical and legal material in order to discover why such a repressive piece of legislation has been produced at the end of a period of substantial change in the dynamic of gender relations in Italy. The book also discusses Italian policy within the wider European policy framework.
In this book, Susanne Lundin explores the murky world of organ trade. She tracks exploited farm workers in Moldova, prosecutors in Israel and surgeons in the Philippines. Utilizing unique source material she depicts a rapidly growing organ market characterized by both advanced medical technology and human trafficking.
Analyzing the concepts of intention and causation in euthanasia, this timely new book explores a broad selection of disciplines, including criminal and medical law, medical ethics, philosophy and social policy and suggests an alternative solution to the one currently used by the courts, based on grading different categories of killing into a formalized justificatory defence. This text explores how culpability, blameworthiness and liability are ascribed and how ascertaining mens rea and actus reus are problematic in an end-of-life decision-making scenario. Williams criticizes the way the courts rely so exclusively on the criminal concepts of intention and causation in such medical scenarios and examines and raises awareness of the inadequate and inappropriate legal framework within in which judges have to operate. Topical and compelling, this significant contribution argues for a more open and honest approach which would, in turn, provide the certainty, consistency and equality required by the law. This is a quintessential read for all students studying medical and healthcare law and the legal aspects of health and medicine.
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.
Analyzing the concepts of intention and causation in euthanasia, this timely new book explores a broad selection of disciplines, including criminal and medical law, medical ethics, philosophy and social policy and suggests an alternative solution to the one currently used by the courts, based on grading different categories of killing into a formalized justificatory defence. This text explores how culpability, blameworthiness and liability are ascribed and how ascertaining mens rea and actus reus are problematic in an end-of-life decision-making scenario. Williams criticizes the way the courts rely so exclusively on the criminal concepts of intention and causation in such medical scenarios and examines and raises awareness of the inadequate and inappropriate legal framework within in which judges have to operate. Topical and compelling, this significant contribution argues for a more open and honest approach which would, in turn, provide the certainty, consistency and equality required by the law. This is a quintessential read for all students studying medical and healthcare law and the legal aspects of health and medicine.
In this admirably objective and lucid exposition, the author examines from a medico-legal standpoint the comparative position in various countries, particularly in the UK and the USA, of currently controversial medical procedures: voluntary sterilisation, compulsory sterilisation and castration, trans-sexualism, experimentation, transplantation, and euthanasia - few of which, if any, enjoy a settled or clearly defined place in the eyes of the law. He considers the problems from two perspectives: first, that of the individual in society and how far he himself may determine the extent of physical intrusion on his body; secondly, that of the state or society and how far it may impose or limit medical intrusion on the human body. Thus, Mr. Meyers provides a valuable account, not only of current medical attitudes, but also of relevant case and statute law as it stands at present. It is inherent in the nature of this book that it should arouse controversy and argument. There are many important questions to be debated: Has the state the right to enforce its conception of morality without showing that the behaviour it proscribes has a harmful effect on other members of society? To what extent does consent by the individual concerned insulate a surgeon from criminal liability? In connection with compulsory sterilisation, who is to judge those unfit to procreate? What is a proper definition of medical experimentation? What constitutes death? If a man has a right to live has he not an equal right to die? These are a few of the issues raised. The author has not hesitated to express his own opinions but has clearly relegated them to the summary at the end of each chapter, thereby leaving the objectivity of his main text unimpaired. "David W. Meyers" is a practicing lawyer in California, with American and British legal qualifications at the firm of Dickenson, Peatman & Fogarty. He has taught at the University of Edinburgh Law School and the University of Tasmania Law School as well as being a guest lecturer at University of California, San Francisco Medical School and University of Aberdeen Law School located in Scotland. He wrote two books this book and "Medico-Legal Implications of Death and Dying. "
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
The Data Protection and Medical Research in Europe: PRIVIREAL series represents the results of this EC-funded project examining the implementation of Directive 95/46/EC on data protection in relation to medical research and the role of ethics committees in European countries. The series consists of five separate volumes following the complete development of the PRIVIREAL project. This volume relates to the second stage of this project and is concerned with the setting up and role of research ethics committees. It assesses their legal responsibilities, especially with regard to data protection matters and contains reports from more than 20 European countries on these issues. Focusing on the theoretical role and practical operation of research ethics committees and the impact of relevant international and national instruments, this volume will be an essential resource for all those concerned with data protection issues in medical research.
Aimed at lawyers rather than clinicians, this is a consideration of the medical risks associated with current practice for a number of speciality fields. Each chapter is written by an expert in an area of medicine or surgery who has experience of advising lawyers and the courts. The information should be especially relevant to lawyers specialising in clinical negligence and other aspects of medical law, and may also be useful to lawyers with a primary interest in personal injury. The volume is based on the Medicine for Lawyers course held at the Royal Society of Medicine.
The Handbook of Forensic Learning Disabilities examines current innovations, policy and practice with a pragmatic approach whilst drawing out the practical implications of working with this particular client group. It provides a complete analysis of the key issues surrounding forensic learning disabilities and looks at past, present and possible future issues to examine the unique and diverse needs of this service user group. The editors start out by investigating the likely cause of the problem then go on to discuss possible assessments, the specific disorders and the options for treatment or therapeutic intervention. The criminal justice system, policy, mental health law and risk management are all considered, along with issues surrounding specific offenders. Readers are encouraged to consider case studies, develop insights into the field, and are then directed to supplementary texts and resources for further research if required. This book will appeal to a broad range of health and social care professionals working with people who have learning difficulties.It will also be invaluable as a reference text for employees of the criminal justice and mental health systems, pre and post-registration nurses training in the field and student social workers. Lawyers, support organisations, and policy-makers and shapers and will also find the multifaceted approach interesting and informative.
Pathology of Sharp Force Trauma illustrates and details sharp force trauma as seen in forensic pathology case work as well as in the clinical setting, outlining how one informs the other in interpreting such trauma for medico-legal purposes. For the purposes of discussion, the author defines sharp force trauma as: "The application of force to produce an injury which results in a clear division or separation of the skin and underlying tissues". Sharp force trauma may be caused by all manner of implements with a sharp edge and/or pointed end, whether or not they have been produced for use as a weapon, and includes knives, broken glass, scissors and many others, to name but a few. Certain tools, such as axes or machetes, combine a sharp edge with heavy weight and produce injuries with both sharp and blunt impact elements. In many countries, with the exception of those where firearms are readily available, sharp force trauma-particularly the use of knives-is the most common method of homicide and a frequent source of morbidity seen in emergency departments. Also, there has recently been an alarming upsurge in the use of knives in gang-related assaults and in terrorist incidents. As such, the book takes a comprehensive approach in explaining the different aspects of such trauma, most importantly the manner in which the victim has died. This includes cases of homicide, suicide or accident, indicating the type of weapon responsible, explaining how it was used, and presenting other such information to the investigation of such cases. Features: * Includes over 400 full-color graphic and illustrative images throughout * Addresses all aspects of the investigation including trauma, crime scene findings, post-mortem examination, characteristics of injuries and categorization into homicide, suicide or accident * Covers the biomechanics of knife trauma and tool mark examination techniques to identify implements used * Illustrates penetrating injuries caused by pointed implements which have linear components, such as arrows, nails, spears, stakes and others * Details cutting, penetrating, and other sharp force injuries resulting from medical intervention in a healthcare environment, such as might occur during surgical procedures * Examines sharp injuries caused by domesticated and wild animals * Written by one of the premier forensic pathologists in the world with over 40 years of first-hand case experience Pathology of Sharp Force Trauma is the first substantive book published in English to look exclusively at this subject. Although primarily intended for pathologists and clinicians who are involved in the examination of such injuries in the post-mortem room or in a hospital environment, it will also be of interest to medical examiners, police and criminal investigators, attorneys and legal professionals, personnel in other forensic disciplines, and all doctors and medical students with an interested in trauma and its management.
Research into DNA and the development of powerful techniques to produce DNA profiles enable experts to appear in court and give compelling. scientific evidence in many types of case. This book gives the legal practitioner a complete account of the issues involved in taking DNA evidence into court. It helps lawyers to ask important and probing questions when faced with such evidence in court. This second edition has been thoroughly updated to take account of recent legislation and case law.
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.
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.
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.
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:
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.
Trusted for over 40 years for its authoritative account of medical law, this text provides the right balance between in-depth legal coverage and analysis of ethical issues. This classic textbook focuses on medical law and its relationship with medical practice and modern ethics. It provides thorough coverage of all topics found on medical law courses, and in-depth analysis of recent court decisions and legislation, encouraging students to think critically about this area of study. - Covers the whole field of modern ethical medical practice, making the book suitable for use on all undergraduate and postgraduate medical law courses - Clearly sets a diversity of views in ethical debates, and offers the authors' own perspectives, encouraging students to explore and form their own opinions - Takes account of the influence of international policy and legal developments in shaping medical law in the UK New to this edition: · Two brand new chapters introduce students to concepts, theories, and tools that frame interpretation and analysis of health and medical law · A new chapter provides an overview of UK health systems and examines these in the context of devolution, the Covid-19 pandemic, and Brexit · The table of contents has been reorganised and streamlined to enhance clarity and focus on current issues in the discipline · Includes coverage of developments such as the Health and Social Care Act 2022, Mental Health Bill 2022, Medicines and Medical Devices Act 2021, Coronavirus Act 2020, new regimes for organ donation, Bell v Tavistock, ABC v St George's Healthcare NHS Trust, Khan v Meadows, and more Digital formats This twelfth edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks |
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