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?

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.

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

A conflict arises in the clinic over the care of a critically ill, incapacitated patient. The clinicians and the patient's family confront a difficult choice: to treat or not to treat? Decisions to withdraw or withhold life-sustaining treatment feature frequently in the courts and in the world's media, with prominent examples including the cases of Charlotte Wyatt, in the UK, and Terri Schiavo, in the USA. According to legislation like the Mental Capacity Act 2005, the central issues are the welfare (or 'best interests') of the patient, alongside any wishes they might have conveyed, via an 'advance directive' or through the appointment of a 'lasting power of attorney'. Richard Huxtable argues that the law governing both welfare and wishes frequently fails to furnish clinicians and families with the guidance they require. However, he finds this unsurprising, given the competing ethical issues at stake. Huxtable proposes that there is a case for 'principled compromise' here, such that the processes for resolving principled disputes take precedence. He argues for greater ethical engagement, through a reinvigorated system of clinical ethics support, in which committees work alongside the courts to resolve the conflicts that can arise at the limits of life. Providing a comprehensive account of the law pertaining to children and adults alike, and distinctively combining medico-legal and bioethical insights, this book engages scholars and students from both disciplines, as well as informing clinicians about the scope (and limits) of law at the limits of life.

A conflict arises in the clinic over the care of a critically ill, incapacitated patient. The clinicians and the patient s family confront a difficult choice: to treat or not to treat? Decisions to withdraw or withhold life-sustaining treatment feature frequently in the courts and in the world's media, with prominent examples including the cases of Charlotte Wyatt, in the UK, and Terri Schiavo, in the USA. According to legislation like the Mental Capacity Act 2005, the central issues are the welfare (or best interests ) of the patient, alongside any wishes they might have conveyed, via an advance directive or through the appointment of a lasting power of attorney .

Richard Huxtable argues that the law governing both welfare and wishes frequently fails to furnish clinicians and families with the guidance they require. However, he finds this unsurprising, given the competing ethical issues at stake. Huxtable proposes that there is a case for principled compromise here, such that the processes for resolving principled disputes take precedence. He argues for greater ethical engagement, through a reinvigorated system of clinical ethics support, in which committees work alongside the courts to resolve the conflicts that can arise at the limits of life.

Providing a comprehensive account of the law pertaining to children and adults alike, and distinctively combining medico-legal and bioethical insights, this book engages scholars and students from both disciplines, as well as informing clinicians about the scope (and limits) of law at the limits of life.

This book examines the idea of a fundamental entitlement to health and healthcare from a human rights perspective. The volume is based on a particular conceptual reasoning that balances critical thinking and pragmatism in the context of a universal right to health. Thus, the primary focus of the book is the relationship or contrast between rights-based discourse/jurisprudential arguments and real-life healthcare contexts. The work sets out the constraints that are imposed on a universal right to health by practical realities such as economic hardship in countries, lack of appropriate governance, and lack of support for the implementation of this right through appropriate resource allocation. It queries the degree to which the existence of this legally enshrined right and its application in instruments such as the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR) can be more than an ephemeral aspiration but can, actually, sustain, promote, and instil good practice. It further asks if social reality and the inequalities that present themselves therein impede the implementation of laudable human rights, particularly within marginalised communities and cadres of people. It deliberates on what states and global bodies do, or could do, in practical terms to ensure that such rights are moved beyond the aspirational and become attainable and implementable. Divided into three parts, the first analyses the notion of a universal inalienable right to health(care) from jurisprudential, anthropological, legal, and ethical perspectives. The second part considers the translation of international human rights norms into specific jurisdictional healthcare contexts. With a global perspective it includes countries with very different legal, economic, and social contexts. Finally, the third part summarises the lessons learnt and provides a pathway for future action. The book will be an invaluable resource for students, academics, and policymakers working in the areas of health law and policy, and international human rights law.

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.

Drawn from the popular "Narrative Matters" column in the journal Health Affairs, these essays embody a vision for a health care system that centers the humanity of patients and doctors alike. Health care decision making affects patients and families first and foremost, yet their perspectives are not always factored into health policy deliberations and discussions. In this anthology, Jessica Bylander brings together the personal stories of the patients, physicians, caregivers, policy makers, and others whose writings add much-needed human context to health care decision making. Drawn from the popular "Narrative Matters" column in the leading health policy journal Health Affairs, this collection features essays by some of the leading minds in health care today, including Pulitzer Prize-winner Siddhartha Mukherjee, MacArthur fellow Diane Meier, former Planned Parenthood president Leana S. Wen, and former secretary of health and human services Louis W. Sullivan. The collection also presents important stories from lesser-known voices, including a transgender doctor in Oklahoma who calls for better treatment of trans patients and a palliative care physician who reflects on how perspectives on hastening death have changed in recent years. A foreword written by National Humanities Medal recipient Abraham Verghese, MD, further rounds out the book. The collection of thirty-two essays is organized around several themes: * the practice of medicine * medical innovation and research * patient-centered care * the doctor-patient relationship * disparities and discrimination * aging and end-of-life care * maternity and childbirth * opioids and substance abuse Contributors: Louise Aronson, Laura Arrowsmith, Cheryl Bettigole, Cindy Brach, Gary Epstein-Lubow, Jonathan Friedlaender, Patricia Gabow, Katti Gray, Yasmin Sokkar Harker, Timothy Hoff, Carla Keirns, Raya Elfadel Kheirbek, Katy B. Kozhimannil, Pooja Lagisetty, Maria Maldonado, Maureen A. Mavrinac, Diane E. Meier, Dina Keller Moss, Siddhartha Mukherjee, Donna Jackson Nakazawa, Travis N. Rieder, Aroonsiri Sangarlangkarn, Elaine Schattner, Janice Lynch Schuster, Myrick C. Shinall, Gayathri Subramanian, Louis W. Sullivan, Gautham K. Suresh, Abraham Verghese, Otis Warren, Leana S. Wen, Charlotte Yeh

An ever increasing number of codes of conduct, disciplinary bodies, ethics committees and bureaucratic policies now prescribe how health professionals and health researchers relate to their patients. In this book, Mark Henaghan argues that the result of this trend towards heightened regulation has been to undermine the traditional dynamic of trust in health professionals and to diminish reliance upon their professional judgement, whilst simultaneously failing to trust patients to make decisions about their own care.

This book examines the issue of health professionals and trust comparatively in a number of countries including the USA, Canada, Australia, New Zealand and the UK. The book draws upon historical analysis of legislation, case law, disciplinary proceedings reports, articles in medical and law journals and protocols produced by management teams in hospitals, to illustrate the ways in which there has been a discernable shift away from trust in healthcare professionals. Henaghan argues that this erosion of trust has the potential to dehumanise the unique relationship that has traditionally existed between healthcare professionals and their patients, thereby running the risk of turning healthcare into a mechanistic enterprise controlled by a management processes' rather than a humanistic relationship governed by trust and judgement.

This book is an invaluable resource for students and scholars of medical law and medical sociology, public policy-makers and a range of associated professionals, from health service managers to medical science and clinical researchers.

An ever increasing number of codes of conduct, disciplinary bodies, ethics committees and bureaucratic policies now prescribe how health professionals and health researchers relate to their patients. In this book, Mark Henaghan argues that the result of this trend towards heightened regulation has been to undermine the traditional dynamic of trust in health professionals and to diminish reliance upon their professional judgement, whilst simultaneously failing to trust patients to make decisions about their own care.

This book examines the issue of health professionals and trust comparatively in a number of countries including the USA, Canada, Australia, New Zealand and the UK. The book draws upon historical analysis of legislation, case law, disciplinary proceedings reports, articles in medical and law journals and protocols produced by management teams in hospitals, to illustrate the ways in which there has been a discernable shift away from trust in healthcare professionals. Henaghan argues that this erosion of trust has the potential to dehumanise the unique relationship that has traditionally existed between healthcare professionals and their patients, thereby running the risk of turning healthcare into a mechanistic enterprise controlled by a management processes' rather than a humanistic relationship governed by trust and judgement.

This book is an invaluable resource for students and scholars of medical law and medical sociology, public policy-makers and a range of associated professionals, from health service managers to medical science and clinical researchers.

Organ transplantation is one of the most dramatic interventions in modern medicine. Since the 1950s thousands of people have lived with 'new' hearts, kidneys, lungs, corneas, and other organs and tissues transplanted into their bodies. From the beginning, though, there was simply a problem: surgeons often encountered shortages of people willing and able to give their organs and tissues. To overcome this problem, they often brokered financial arrangements. Yet an ethic of gift exchange coexisted with the 'commodification of the body'. The same duality characterized the field of blood transfusion, which was essential to the development of modern surgery.
This book will be the first to bring together the histories of blood transfusion and organ transplantation. It will show how these two fields redrew the lines between self and non-self, the living and the dead, and humans and animals. Drawing on newspapers, magazines, legal cases, films and the papers and correspondence of physicians and surgeons, Lederer will challenge the assumptions of some bioethicists and policymakers that popular fears about organ transplantation necessarily reflect timeless human concerns and preoccupations with the body. She will show how notions of the body- intact, in parts, living and dead- are shaped by the particular culture in which they are embedded.

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.

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.

Patient safety is an issue which in recent years has grown to prominence in a number of countries' political and health service agendas. The World Health Organisation has launched the World Alliance for Patient Safety. Millions of patients, according to the Alliance, endure prolonged ill-health, disability and death caused by unreliable practices, services, and poor health care environments. At any given time 1.4 million people worldwide are suffering from an infection acquired in a health facility.

Patient Safety, Law Policy and Practice explores the impact of legal systems on patient safety initiatives. It asks whether legal systems are being used in appropriate ways to support state and local managerial systems in developing patient safety procedures, and what alternative approaches can and should be utilized. The chapters in this collection explore the patient safety managerial structures that exist in countries where there is a developed patient safety infrastructure and culture. The legal structures of these countries are explored and related to major in-country patient safety issues such as consent to treatment protocols and guidelines, complaint handling, adverse incident reporting systems, and civil litigation systems, in order to draw comparisons and conclusions on patient safety.

How can medical law and ethics take forward the issue of children's empowerment and protection? What are the key factors in considering the balance between protecting the welfare of the young and allowing them rights to autonomy? The Child as Vulnerable Patient investigates the role that a human rights approach can play in establishing the parameters of autonomy and discusses the opportunities presented in the Human Rights Act, the European Convention on the Rights of the Child and new policy initiatives in the NHS. A valuable addition to existing literature in this area, this volume will be of interest to lawyers, health professionals and students of medical law.

This key collection brings together a selection of papers commissioned and published by the Cardiff Centre for Ethics, Law & Society. It incorporates contributions from a group of international experts along with a selection of short opinion pieces written in response to specific ethical issues. The collection addresses issues arising in biomedical and medical ethics ranging from assisted reproductive technologies to the role of clinical ethics committees. It examines broader societal issues with particular emphasis on sustainability and the environment and also focuses on issues of human rights in current global contexts. The contributors collect responses to issues arising from high profile cases such as the legitimacy of war in Iraq to physician-related suicide. The volume will provide a valuable resource for practitioners and academics with an interest in ethics across a range of disciplines.

Psychiatry in Law/Law in Psychiatry, 2nd Edition, is a sweeping, up-to-date examination of the infiltration of psychiatry into law and the growing intervention of law into psychiatry. Unmatched in breadth and coverage, and thoroughly updated from the first edition, this comprehensive text and reference is an essential resource for psychiatry residents, law students, and practitioners alike.

Reports reveal an increase in the number of individuals with serious mental illness in jails, prisons and forensic hospitals. Despite the wide-ranging and devastating consequences of this 'criminalization' of mental illness, there remains a lack of information on the subject as well as on the provision of care for these patients. This important new book fills a gap in the literature by examining topics such as: the history and policy factors related to criminalization; original research on forensic populations; pharmacological and psychological treatment strategies; and principles and guidelines for diversion out of the criminal justice system. Contributions from leading experts in the field further our understanding of this important subject, offering advice on how to provide humane care for patients. A must have for all mental health clinicians including psychiatrists, psychologists, social workers, rehabilitation therapists, and mental health nurses. A useful tool for mental health administrators and policy makers.

Patenting Lives includes contributions from various interests and perspectives, both in the context of current international developments in life patents and the global agenda of harmonization of international intellectual property. The book is divided into five sections reflecting the critical issues arising from patents and biotechnology - Context; Human Rights and Ethical Frameworks; Medicine and Public Health; Traditional Knowledge; and Agriculture. The international contributors from government, civil society, academia and the private sector provide diverse perspectives on life patents and the facilitation of social, cultural and economic development in the context of international principles of trade.

The best storytellers and presenters know that a picture is worth a thousand words. Pictures simplify stories. They make stories memorable. They clarify complex concepts and they educate the audience in the easiest way. That is why attorneys work with artists-medical illustrators, to be exact. Injury Illustrated is the first book of its kind. It is the essential guide on medical illustrations used in the legal context. This book examines the creation of visual graphics known as demonstrative exhibits. These exhibits provide an understanding of traumatic injuries, surgeries, and radiology studies for the jury, judges, adjustors, mediators, and the attorneys. These chapters describe how to tell a clear story about gross anatomy, medical malpractice, and/or death investigation in court by using medical images. While medical illustration and injury law are very different professions, illustrators are the ideal partners for lawyers when solving problems and preparing for litigation. Divided into five sections, this book details who medical illustrators are, how they are educated in medicine, the skills and services they can provide to trial lawyers, and the countless benefits resulting from record review and case preparation. Find techniques to best use medical images during all stages of litigation Learn how graphic exhibits engage a jury and empower justice Understand why attorneys win more cases by collaborating with medical illustrators All readers will learn about this unique career and the attorney-illustrator relationship. More specifically, attorneys, artists, animators, law students, medical students, forensic scientists, and medical experts will understand how demonstrative exhibits assist legal proceedings in forensic matters and civil lawsuits. Warning; these images will be graphic and the cases at times will be catastrophic.

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.

Millions of children and adults across the nation spend their days in school buildings, and they need safe, healthy environments to thrive, learn, and succeed. This book explores the school environment using the methods and perspectives of environmental health science. Though environmental healht has long been understood to be an important factor in workplaces, homes, and communities, this is the first book to address the same basic concerns in schools. The editors are physicians and educators trained in pediatrics, occupational and environmental medicine, and medical toxicology, and the authors are experts in their fields drawn from across the United States and abroad. Each section of the book addresses a different concern facing schools today. In the first six sections, the various aspects of the school environment are examined. Chapters include the physical environment of the school, air quality issues, pest control, cleaning methods, food safety, safe designs of playgrounds and sports fields, crime and violence prevention, and transportation. In the last two sections, recommendations are made for school administrators on how to maximize the health of their schools. Appropriately evaluating the school environment, implementing strategies to address children and adults with disabilities, emphasizing health services, infectious disease prevention and recognition, and occupational health for faculty and staff are all addressed. The entire book is evidence-based, readable, generously illustrated, and practical. An indispensable resource for parents, school staff, administrators, government officials, and health professionals, this book is for anyone who cares about the health of ourschools.

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 Understanding Treatment Without Consent, key contributors examine the work of the UK Mental Health Act Commission (MHAC), which was established to ensure the care and rights of people subjected to the various sections of the 1983 Mental Health Act. Based on a research project funded by the Department of Health, the book also offers a broader exploration of mental health provision in both historical and contemporary contexts, discussing whether mental health reforms have learned the lessons of history. The book builds on earlier work on treatment without consent by providing a more policy-oriented account of mental health law and regulation in the context of health service modernization, discussing contemporary issues facing the MHAC and looking at its future role.

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.