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Books > Medicine > General issues > Medicolegal issues
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.
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.
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.
Since the therapeutic value of umbilical cord blood (UCB) stem cells was first recognised in the late 1980s, there has been a proliferation of both public and private UCB banks worldwide. However, the ability to utilise such a potentially valuable resource has provoked a number of controversies. In a distinctly accessible style, this book unpacks the socio-legal implications of the UCB collection process and constructs a detailed analysis of the law and ethics that surrounds UCB banking in the UK, including ownership of the cells. Its enquiry is located within the theoretical framework of altruism versus self-interest and explores the notions of risk and choice associated with this distinctive blend of public/private healthcare provision. The book evaluates the impact of the Human Tissue Act 2004 and the European Union Tissues and Cells Directive (2004/23/EC) on the UCB industry and provides a unique insight into the effect that the law may have on the NHS whose maternity staff and premises are used to collect UCB. This book would be of interest primarily to a UK readership in addition to expectant families, health professionals, students, academics, practitioners and the UCB industry elsewhere in the world.
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. "
The Clash of Medical Evidence and the Law in the Breast Implant Case "An accessible, passionate indictment of the ignorance, opportunism and social indifference that enriched lawyers and a few plaintiffs, though the available scientific evidence was against them." —New York Times Book Review Notable Books of 1996
With lessons learned from COVID-19, a world-leading expert on pandemic preparedness proposes a pragmatic plan urgently needed for the future of global health security. The COVID-19 pandemic revealed how unprepared the world was for such an event, as even the most sophisticated public health systems failed to cope. We must have far more investment and preparation, along with better detection, warning, and coordination within and across national boundaries. In an age of global pandemics, no country can achieve public health on its own. Health security planning is paramount. Lawrence O. Gostin has spent three decades designing resilient health systems and governance that take account of our interconnected world, as a close advisor to the Centers for Disease Control and Prevention (CDC), the World Health Organization (WHO), and many public health agencies globally. Global Health Security addresses the borderless dangers societies now face, including infectious diseases and bioterrorism, and examines the political, environmental, and socioeconomic factors exacerbating these threats. Weak governance, ineffective health systems, and lack of preparedness are key sources of risk, and all of them came to the fore during the COVID-19 crisis, even-sometimes especially-in wealthy countries like the United States. But the solution is not just to improve national health policy, which can only react after the threat is realized at home. Gostin further proposes robust international institutions, tools for effective cross-border risk communication and action, and research programs targeting the global dimension of public health. Creating these systems will require not only sustained financial investment but also shared values of cooperation, collective responsibility, and equity. Gostin has witnessed the triumph of these values in national and international forums and has a clear plan to tackle the challenges ahead. Global Health Security therefore offers pragmatic solutions that address the failures of the recent past, while looking toward what we know is coming. Nothing could be more important to the future health of nations.
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.
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.
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.
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.
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.
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.
How did today's debate over euthanasia (taken from the Greek word for 'good death') become so divisive in American society? In A Merciful End Ian Dowbiggin tells, for the first time, the dramatic story of those reformers who struggled throughout the twentieth century to change the nation's attitudes towards mercy killing and assisted suicide.l Having had access to confidential records in the United States, England and Canada, and having interviewed leading figures in the American euthanasia movement, he reveals that euthanasia has been a contentious issue in America for over a century, long before Jack Kevorkian began helping patients to die. Over the course of the twentieth century, a group of public-spirited men and women tried to break down ancient Judeo-Christian prohibitions against mercy killing, overturn state laws criminalizing assisted suicide, and convince the US Supreme Court that there is a right to die in the Constitution. In their eagerness to succeed, these euthanasia advocates have often sanctioned public policies that blur the fine line between choice and duty, freedom and coercion, the rights of the individual and the needs of society. By the dawn of the twenty-first century, they had won some small victories, and the debate over whose lives were worth living still raged, but Dowbiggin argues that more and more Americans seemed to prefer better end-of-life care to sweeping changes in laws about euthanasia. America's euthanasia movement entered the twenty-first century ready and willing to fight new wars but facing an uphill battle against sentiments such as these. Original, wide-ranging in scope, but sensitive to the personal dimensions of euthanasia, A Merciful End is an illuminating and cautionary account of the tension between motives and methods within twentieth century social reform. It provides a refreshingly new perspective on an old debate.
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.
Embryo research, cloning, assisted conception, neonatal care, saviour siblings, organ transplants, drug trials - modern developments have transformed the field of medicine almost beyond recognition in recent decades and the law struggles to keep up. In this highly acclaimed and very accessible book, now in its sixth edition, Margaret Brazier and Emma Cave provide an incisive survey of the legal situation in areas as diverse as fertility treatment, patient consent, assisted dying, malpractice and medical privacy. The book has been fully revised and updated to cover the latest cases, from assisted dying to informed consent; legislative reform of the NHS, professional regulation and redress; European regulations on data protection and clinical trials; and legislation and policy reforms on organ donation, assisted conception and mental capacity. Essential reading for healthcare professionals, lecturers, medical and law students, this book is of relevance to all whose perusal of the daily news causes wonder, hope and consternation at the advances and limitations of medicine, patients and the law. -- .
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.
Learning medical professionalism is a challenging, evolving, and life-long endeavor. Professionalism in Medicine: A Case-Based Guide for Medical Students helps begin this process by engaging students and their teachers in reflection on cases that resonate with the experiences of life in medicine. Through the book's seventy-two cases, commentaries, videos, and literature-based reviews, students explore the many challenging areas of medical professionalism. Readers will appreciate the provocative professionalism dilemmas encountered by students from the pre-clinical years and clinical rotations and by physicians of various specialities. Each case is followed by two commentaries by writers who are involved in health care decisions related to that case, and who represent a wide variety of perspectives. Authors represent 46 medical schools and other institutions and include physicians, medical students, medical ethicists, lawyers, psychologists, nurses, social workers, pharmacists, health care administrators, and patient advocates.
This book provides a practical guide for all those working in or with Medical Examiner Services in England and Wales. It is an adjunct to the e-learning and face-to-face training required to fulfil the Medical Examiner and Medical Examiner Officer roles. Medical Examiner Services also work closely with a wide range of stakeholders including bereavement and mortuary teams, Coroners and their Officers, Registrars, Funeral Directors and those working in clinical governance and patient safety. This book provides an essential overview of all aspects of the Medical Examiner system for anyone working in these areas, or in any aspect of the support and management of the deceased and bereaved. A concise guide including the knowledge base required to develop and run a Medical Examiner Service Content is completely aligned with required training Written by those with direct experience of establishing and working with Medical Examiner Services Relevant to a wide range of stakeholders who work with patients and the bereaved
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. |
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