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Books > Medicine > General issues > Medicolegal issues
This collection of essays emphasizes society's increasingly responsible engagement with ethical challenges in emerging medical technology. Expansion of technological capacity and attention to patient safety have long been integral to improving healthcare delivery but only relatively recently have concepts like respect, distributive justice, privacy, and autonomy gained some power to shape the development, use, and refinement of medical tools and techniques. Medical ethics goes beyond making better medicine to thinking about how to make the field of medicine better. These essays showcase several ways in which modern ethical thinking is improving safety, efficacy and efficiency of medical technology, increasing access to medical care, and empowering patients to choose care that comports with their desires and beliefs. Included are complimentary ethical approaches as well as compelling counter-arguments. Together, the articles demonstrate how improving the quality of medical technology relies on every stakeholder -- not just medical researchers and scientists -- to assess each given technology's strengths and pitfalls. This collection also portends one of the next major issues in the ethics of medical technology: developing the requisite moral framework to accompany shifts toward patient-centred personalized healthcare.
Public health activity, and the state's public health responsibilities to assure the conditions in which people can be healthy, can only be achieved through different means of social coordination. This places law and regulation at the heart of public health. They are fundamental both to methods of achieving public health goals and to constraints that may be put on public health activity. As such, trainees, practitioners, and leaders in public health need to understand the breadth and nature of wide-ranging legal and regulatory approaches and the place of ethics in public health. Public Health Law, written by three leading scholars in the field, defines and examines this crucial area of study and practice. It advances an agenda whose scope extends far beyond that covered in traditional medical law and health care law texts. The authors provide an account of the scale of contemporary public health policy and practice and explain its philosophical depths and implications and its long legislative and regulatory history. They advance a definition of the field and explore how different legal approaches may serve and advance or constrain and delimit public health agendas. This ground-breaking book presents the field of public health ethics and law and goes on to examine the impact within the UK of private law, criminal law, public law, EU and international law, and 'softer' regulatory approaches. It is a primary point of reference for scholars, practitioners, and leaders working in public health, particularly those with an interest in law, policy, and ethics.
In order for the information society to realise its full potential, personal data has to be disclosed, used and often shared. This book explores the disclosure and sharing of data within the area of healthcare. Including an overview of how health information is currently managed, the authors argue that with changes in modern society, the idea of personal relationships with a local GP who solely holds and controls your health records is becoming rapidly outdated. The authors aim to encourage and empower patients to make informed choices about sharing their health data. They do this by developing a three-stage theoretical model for change to the roles of the NHS and the individual. The study generates debate to stimulate and inspire new models and policy, and to provoke new visions for the sharing of healthcare data. Such discussion is framed through an exploration of the changing concept of 'privacy' and 'patient control' in healthcare information management. The volume draws on best practices from Europe and the USA and combines these to form a suggested vision for the UK as an early adopter of change. The volume will be essential reading for academics in the field of privacy and data protection, as well as healthcare and informatics professionals across different jurisdictions.
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.
Understand the legal framework that provides the structure of Nursing!This is the only current text to critically examine the vast array of legal and ethical matters confronting nursing faculty in classroom and clinical settings. Designed to assist students preparing to be nurse educators, academic nursing administrators, and novice and seasoned faculty in making real-life decisions about academic issues within a legal and ethical framework. Replete with practical advice from experts in the fields of nursing, law, and ethics, this text guides the reader through legal and ethical principles, analyses of relevant case-based scenarios, and practical recommendations for handling problems in accordance with existing laws and institutional policy. Clearly and concisely written and organized, this text provides a comprehensive description of the legal process, including higher education law, the courts, case law, the role of a university attorney, and how to read and cite judicial decisions. Real-world case scenarios and detailed analyses of pertinent issues, including coverage of incivility, discrimination, harassment, academic dishonesty, and freedom of speech, are examined from the perspective of students, faculty, and administrators. Key Features: An entire section of legal and ethical cases, featuring a unique philosophical and ethical perspective Delivers best practices for nursing faculty Provides tips on when to consult the university attorney, critical elements to consider, actions to take when law and ethics conflict, helpful resources, and a glossary of legal terms An Instructor's Manual and discussion questions facilitate teaching.
Reveals both the promise and the pitfalls associated with a human rights approach to the women of color-focused reproductive rights activism of SisterSong How did reproductive justice-defined as the right to have children, to not have children, and to parent-become recognized as a human rights issue? In Reproductive Rights as Human Rights, Zakiya Luna highlights the often-forgotten activism of women of color who are largely responsible for creating what we now know as the modern-day reproductive justice movement. Focusing on SisterSong, an intersectional reproductive justice organization, Luna shows how, and why, women of color mobilized around reproductive rights in the domestic arena. She examines their key role in re-framing reproductive rights as human rights, raising this set of issues as a priority in the United States, a country hostile to the concept of human rights at home. An indispensable read, Reproductive Rights as Human Rights provides a much-needed intersectional perspective on the modern-day reproductive justice movement.
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
The distinguished contributors to Confidentiality probe the ethical, legal, and clinical implications of a deceptively simple proposition: Psychoanalytic treatment requires a confidential relationship between analyst and analysand. But how, they ask, should we understand confidentiality in a psychoanalytically meaningful way? Is confidentiality a therapeutic requisite of psychoanalysis, an ethical precept independent of psychoanalytic principles, or simply a legal accommodation with the powers that be? In wrestling with these questions, the contributors to Confidentiality are responding to a professional, ethical, and political crisis in the field of mental health. Psychotherapy - especially long-term psychotherapy in its psychoanalytic variants - has been undermined by an erosion of personal privacy that has become part of our cultural zeitgeist. The heightened demand for public transparency has forced caregivers from all walks of professional life to submit to increasing bureaucratic regulation. For the contributors to this collection, the need for confidentiality is centrally involved in the relationship of the psychotherapeutic professions both to society and to the law. No less importantly, the requirement of confidentiality brings a clarifying perspective to debates within the psychotherapeutic literature about the relationship of theory to practice. It thereby provides a framework for shaping a set of ethical principles specifically adapted to the psychotherapeutic, and especially to the psychoanalytic, relationship. Linking general issues of privacy to the intimate details of psychotherapeutic encounter, Confidentiality will serve as a basic guide to a wide range of professionals, including lawyers, social scientists, philosophers, and, of course, psychotherapists. Therapy patients, policy makers, and the wider public will also find it instructive to know more about the special protected conditions under which one can better come to "know thyself."
This book is a philosophically-oriented introduction to bioethics. It offers the reader an overview of key debates in bioethics relevant to various areas including; organ retrieval, stem cell research, justice in healthcare and issues in environmental ethics, including issues surrounding food and agriculture. The book also seeks to go beyond simply describing the issues in order to provide the reader with the methodological and theoretical tools for a more comprehensive understanding of current bioethical debates. The aim of the book is to present bioethics as an interdisciplinary field, to explore its close relation to other disciplines (such as law, life sciences, theology and philosophy), and to discuss the conditions under which bioethics can serve as an academically legitimate discipline that is at the same time relevant to society. As a systematic and methodologically rigorous overview, Bioethics: Methods, Theories and Principles will be of particular interest to academics and students in the disciplines of Law, Medicine, Ethics and Philosophy. 'This is a book that embraces neither a single ethical theory nor a pragmatic melange of just-so-principles. It is a thoughtful and engaging analysis of diverse theoretical foundations in Bioethics. It is also an enormous step towards conceptual and philosophical clarity in this fascinating area.' - Professor Christian Illies, Chair for Practical Philosophy at the Otto-Friedrich University Bamberg, Germany
The successful achievement of pregnancies following pre-implantation genetic diagnosis (PGD) was first reported in April 1990. The technology is often used for patients who are at substantial risk of conceiving a pregnancy affected by a known genetic disorder, however from this technology other more controversial uses have arisen such as HLA typing to save the life of a sibling, gender selection for social reasons, the prevention of late onset diseases, or the prevention of diseases which may be genetically predisposed to developing such as breast cancer. The technology surrounding PGD is constantly developing, giving rise to new and unexpected consequences that create fresh ethical and legal dilemmas. Featuring internationally recognized experts in the field, this book critically explores the regulation of PGD and the broader legal and ethical issues associated with it. It looks at the regulatory situation in a number of jurisdictions including New Zealand, Australia and the United Kingdom, but it also explores a number of themes of wide significance including a historical consideration of PGD and its part in the creation of the "genetic embryo" as a political tool, the over regulation of PGD and the ethical difficulties in handling additional unexpected medical information yielded by new technologies. This book will be of particular interest to academics and students of law, medicine and ethics.
Provides easy-to-follow flow charts that serve as procedural guide for scene investigations in most major types of crimes Presents the variety of different types of observable evidence encountered in real-life cases to inform scene investigators Offers methods for framing multiple hypotheses, using specific case examples, to factor in various considerations in crime scene reconstruction scenarios The discussion following each chapter forms a compendium of generalizations accepted in scholarly sources-a key enabler when testing the hypotheses
Advances in new neuroscientific research tools and technologies have not only led to new insight into the processes of the human brain, they have also refined and provided genuinely new ways of modifying and manipulating the human brain. The aspiration of such interventions is to affect conative, cognitive, and affective brain processes associated with emotional regulation, empathy, and moral judgment. Can the use of neuroscientific technologies for influencing the human functioning brain as a means of preventing offenders from engaging in future criminal conduct be justified? In Neurointerventions, Crime, and Punishment, Jesper Ryberg considers various ethical challenges surrounding this question. More precisely, he provides a framework for considering neuroethical issues within the criminal justice system and examines a set of procedures which the criminal justice system relies on to deal with criminal offending. To do this, Ryberg addresses the following questions, among others: Is it morally acceptable to offer more lenient sentences to offenders in return for participation in neuroscientific treatment programs? Or would such offers be unacceptably coercive? Is it possible to administer neurointerventions as a type of punishment? Would it be acceptable for physicians to participate in the administration of neurointerventions on offenders? What is the moral significance of the sordid history of brain interventions for the present or future use of such treatment options? As rehabilitation comes back into fashion after many decades and as neuroscientific knowledge and technology advance rapidly, these intricate and controversial topics become increasingly more urgent. Ryberg argues that many of the in-principle objections to neuroscientific treatment are premature, but given the way criminal justice systems currently function, such treatment methods should not be put into practice.
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.
Automatism is a notoriously difficult subject for law students, lawyers and judges. This book explores the science and medicine of sleep disorders and examines how the criminal process deals with such disorders when presented as a defence. It systematically examines the legal doctrines involved, and their implications for the use of the evidence key to establishing automatism, while also exploring the medical conditions that can cause automatism (particularly epilepsy, sleepwalking and diabetes). This book is a valuable resource for law students, lawyers, judges and expert witnesses.
ETHICS, JURISPRUDENCE AND PRACTICE MANAGEMENT IN DENTAL HYGIENE, 3/e is the definitive, up-to-date guide to ethics, jurisprudence, and practice management for all dental hygiene students, new graduates, and licensed practitioners. KEY FEATURES: The authors first introduce codes of ethics; discuss how ethical principles and moral values influence society, individual, and the profession; and cover crucial ethics-related topics such as informed consent. Next, they turn to practice management, showing how the dental practice must operate as a small business, and offering thorough career coverage. This edition's extensive updates include: dental therapists and other alternative workforce models; regulatory changes; opportunities in forensics; comparisons with practice in Canada; and much more. Extensive new resources are provided on the MyHealthProfessionsKit website.
An understanding of the law and the way in which it impacts upon roles, responsibilities and care is a vital component in everyday healthcare. The law of consent is particularly complex, and its inadvertent misinterpretation, misapplication or maladministration by health professionals has led to an increasing number of legal claims for compensation. This book explains the legal issues around consent to treatment in England and Wales simply and straightforwardly. It uses real-life examples to set out the professional obligations, basic principles of consent and detailed information on each area, enabling health professional to approach consent methodically and to ensure that it is validly obtained and recorded. 'Explains the complexities of consent in a practical and straightforward way making a difficult and often complex subject easy to understand. In addition it is a useful handbook that health professionals at all levels can refer to as an everyday text to help guide them through the intricacies of the topic.' - From the Foreword by Colum J Smith 'This book is invaluable to health care professionals and could help prevent them from attending court defending the care they have inadvertently provided.' - From the Foreword by Sue Battersby 'A very useful book for healthcare professionals of all kinds to refer to' - From the Foreword by Louise M Terry
Recent scandals involving the use of human body parts have highlighted the need for legal clarification surrounding property law and the use of human tissue. This book advances the notion that the legal basis for dealing with this is already available in the law but has thus far neither been used nor discussed. Proposing an alternative approach to constructing entitlements in human tissue and resolving resulting property conflicts, a new methodology is also advanced for abstracting different concepts within the debate which enables comparison and distinction between different cases of entitlement and retention.
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.
Analyzing the level of claims for clinical negligence in the light of the most recent trends and discovering whether there is indeed a litigation crisis in healthcare, this book is a topical and compelling exploration of healthcare and doctor-patient relationships. The author:
Covering the topics of medicine and the media and the causes of occupational stress among doctors, this volume is a must read for all students of medical law and medical ethics.
Written by a leading proponent of the philosophy and ethics of healthcare, this volume is filled with thought-provoking and frequently controversial ideas and arguments. Accessibly written, it provides readers with a timely contribution to the current literature on medical ethics, in which the concept of subjectivity is a key issue characterizing current medical humanities. Examining the critical assumption that scientifically-demonstrable facts will remove all uncertainty, the author argues that ethical dimensions of clinical practice do not always arise from undisputed facts, but that they are sometimes to be found at the level of the determinations of the facts themselves. Firmly placing the patient back on centre stage, without underestimating the crucial role which science plays in modern medicine, this volume is an excellent account of ethics and science in healthcare and their proper place in assessing and meeting people s health needs.
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.
Biotechnology and the Challenge of Property addresses the question of how the advancement of property law is capable of controlling the interests generated by the engineering of human tissues. Through a comparative consideration of non-Western societies and industrialized cultures, this book addresses the impact of modern biotechnology, and its legal accommodation on the customary conduct and traditional beliefs which shape the lives of different communities. As such, it provides an introduction to the legal regulation of the evolving uses of human tissues, and its implications for traditional knowledge, beliefs and cultures.
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.
This volume draws together essays from leading scholars on the challenges that arise for health, law, policy and ethics at the intersections of health, rights and globalization. The papers in this volume address global issues in public health, globalization and bioethics, and globalization and biotechnology. This volume will be invaluable to all those interested in global issues in health.
This collection brings together essays from leading figures in the field of medical law and ethics which address the key issues currently challenging scholars in the field. It has also been compiled as a lasting testimony to the work of one of the most eminent scholars in the area, Professor Ken Mason. The collection marks the academic crowning of a career which has laid one of the foundation stones of an entire discipline. The wide-ranging contents and the standing of the contributors mean that the volume will be an invaluable resource for anyone studying or working in medical law or medical ethics. |
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