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.

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.

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.

To what extent should parents be able to choose the kind of child they have? The unfortunate phrase 'designer baby' has become familiar in debates surrounding reproduction. As a reference to current possibilities the term is misleading, but the phrase may indicate a societal concern of some kind about control and choice in the course of reproduction. Typically, people can choose whether to have a child. They may also have an interest in choosing, to some extent, the conditions under which they do so, such as whether they have a child with a serious disability or disease. The purpose of this book is to explore the difficult and controversial question of the appropriate ethical and legal extent of reproductive autonomy in this context. The book examines ethical, legal and public policy issues in prenatal screening, prenatal diagnosis (PND), selective abortion and preimplantation genetic diagnosis (PGD). It explores the ethics of these selection practices and the ability of current ethical guidelines and legal mechanisms, including the law on selective abortion and wrongful birth, to deal with advances in genetic and other knowledge in these areas. Unlike in the United States, in England the relevant law is not inherently rights-based, but the impact of the Human Rights Act 1998 inevitably raises questions about the proper scope of reproductive autonomy in this context. The implications of the analysis are considered for the development of relevant law, public policy and ethical guidelines and will be of interest to academics in medical law and ethics, health professionals, lawyers, those working on public policy and students with an interest in these issues.

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.

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.

*Presents a user-friendly wealth of useable, practical, and viable malpractice solutions *Explains in-depth advice on avoiding malpractice claims and their negative consequences for doctors in every field *Offers a valuable resource of precise and practical strategies to prepare for depositions, court testimony, and a doctor's defense in the event of litigation

Recent events have drawn attention to the need for increased standards of clinical governance requiring osteopaths to engage in improved ongoing professional development, audit, standard setting and risk management. This book addresses the potential problems and provides simple, practical methods to assist compliance.

Text, Cases and Materials on Medical Law and Ethics presents a valuable collection of materials relating to often controversial areas of the law. Comprising extracts from statutes, cases and scholarly articles alongside expert author commentary and guidance which signposts the key issues and principles, this book is an ideal companion to this increasingly popular subject. Fully revised, this new edition incorporates expanded content, including: updated coverage of consent and decision making, including the the Montgomery v Lanarkshire Health Board (2015) judgment; the impacts of the EC directive for clinical trials and GDPR on the research use of patient data; and discussion of other recent developments in the case law, including the 2017 Charlie Gard litigation, the 2016 Privy Council decision in Williams v Bermuda on negligence causation, and the UK Supreme Court judgment in A & B v SS for Health (2017) on funding for patients from Northern Ireland seeking terminations elsewhere. Providing a comprehensive and up-to-date resource on this topical area of the law, this textbook is an invaluable reference tool for students of medical law as well as those studying medicine.

Abortion remains one of the most complex and controversial issues in contemporary law and bioethics. This volume draws together key essays from leading scholars on the ethical and regulatory aspects of abortion. The essays explore the complex issues of personhood, prenatal life and reproductive rights, international perspectives on the regulation of abortion, health professionals and the provision of abortion services, and prenatal diagnosis and abortion. This volume will be an invaluable tool for all those interested in this challenging area.

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."

'Proving' the cause of the plaintiff's injury in personal injury litigation often entails significant challenges, particularly when science cannot identify the cause of a biological phenomenon or when the nature of this cause is debatable. This problem is frequently encountered in medical malpractice cases, where the limitations of scientific knowledge are still extensive. Yet judges must decide cases, however uncertain the evidence with regard to proof of causation. Reluctant to leave patients without compensation, courts have in some cases challenged their traditional approach to causation through recourse to such techniques as reliance on factual presumptions and inferences, the concept of loss of chance, and reversal of the burden of proof. This book analyses and criticises the use of these various techniques by the courts of England, Australia, Canada, France, and the civilian Canadian province of Quebec in confronting evidentiary causal difficulties caused by the uncertainties of medical science.

Whilst advances in reproductive medicine have enabled thousands of couples worldwide to have children, they also raise a plethora of ethical, philosophical and legal questions. This collection of essays by leading international scholars in bioethics, law, philosophy and public health, addresses many of the most difficult and intriguing issues. These include: the nature and scope of the right to reproduce, the meaning of parenthood and family, the significance of genetic connection to parenting, non-traditional families, sperm and egg donation, commercial surrogacy, prenatal genetic testing, reproductive cloning, obligations to children of reproductive technology and post mortem insemination. Legal and Ethical Issues in Human Reproduction is an important contribution to the growing literature on reproductive technology and one that will be of value to scholars, practitioners and students alike.

Causation is an issue that is fundamental in both law and medicine, as well as the interface between the two disciplines. It is vital for the resolution of a great many disputes in court concerning personal injuries, medical negligence, criminal law and coronial issues, as well as in the provision of both diagnoses and treatment in medicine. This book offers a vital analysis of issues such as causation in law and medicine, issues of causal responsibility, agency and harm in criminal law, causation in forensic medicine, scientific and statistical approaches to causation, proof of cause, influence and effect, and causal responsibility in tort law. Including contributions from a number of distinguished doctors, lawyers and scientists, it will be of great interest and value to academics and practitioners alike.

Forensic DNA Applications: An Interdisciplinary Perspective, Second Edition is fully updated to outline the latest advances in forensic DNA testing techniques and applications. It continues to fill the need for a reference book for people working in the field of forensic molecular biology testing and research as well as individuals investigating and adjudicating cases involving DNA evidence, whether they be civil or criminal cases. DNA techniques have greatly impacted obvious traditional forensic areas, but such advances have also positively affected myriad new areas of research and inquiry. It is possible today to think about solving forensic problems that were simply unheard of even a few years ago. As such, the book pulls all relevant research and applied science together into a detailed and comprehensive collection. Part I begins with the history and development of DNA typing and profiling for criminal and civil purposes. It discusses the statistical interpretation of results with case examples, mitochondrial DNA testing, Y single nucleotide polymorphisms (SNPs) and short tandem repeats (STRs), and X SNP and STR testing. It also explores low copy number DNA typing, mixtures, and quality assurance and control. Part II moves on to cover the various uses and applications of analyzing collected physical evidence, victim identification in mass disasters, analyzing animal DNA, forensic botany, and other unique applications. Part III is dedicated to the latest advances and developments in human molecular biology and Part IV looks at policies and laws and ethics governing DNA evidence, and its utilization in various cases and the courts. Forensic DNA Applications, Second Edition covers cutting-edge research and advancements in the field and is the most up-to-date reference available. Edited and contributed to by the world's foremost leaders in the field, it is a must-have reference for established professionals, and an essential resource to legal professionals—lawyers and judges dealing with civil and criminal cases involving DNA technology—as well as students entering the fields of genetics and forensic DNA analysis.

This is the third volume of a new series entitled `Current Legal Issues' that is to be published each Summer as a sister volume to `Current Legal Problems'. The third volume considers the many areas where medicine intersects with the law. Advances in medical research, reproductive science and genetic research give rise to ethical and legal issues that are well-known. At the same time changes in health care funding call into question the rights of patients, whilst a rise in medical negligence litigation calls into question the doctor's duty of care. All of these important and changing facets of law and medicine are reflected in this collection.

Be prepared for the complexities of healthcare practice today! Meet the legal and ethical challenges you will face as a healthcare professional in ambulatory outpatient and clinical settings. The 8th Edition of this popular text guides you through legal concepts and the law, important ethical issues, and the emerging area of bioethics to prepare you to treat your patients with understanding, sensitivity, and compassion. Often complex concepts are brought to life with vignettes, case studies and other real-world examples of how legal theories, the law, and ethics apply to day-to-day practice in today’s rapidly evolving healthcare system. Clearly written and easy to read, it provides the strong ethical and legal foundation that today’s healthcare professionals need to better serve their clients. Access more online. Redeem the code inside new, printed texts to gain access to a wealth of resources online, including video case studies and decision-tree activities.

This work aims to show the recent changes in the law of clinical negligence and the difference between English and Scottish law. It includes claims under civil law and the responsibilities of the General Medical Council. It is illustrated throughout with case studies showing how and why errors occur.

Addressing global health is one of the largest challenges facing humanity in the 21st century, however, this task is becoming even more formidable with the accelerated destruction of the planet. Building on the success of the previous edition, the book outlines how progress towards improving global health relies on understanding its core social, economic, political, environmental and ideological aspects. A multi-disciplinary group of authors suggest not only theoretically compelling arguments for what we must do, but also provide practical recommendations as to how we can promote global health despite contemporary constraints. The importance of cross-cultural dialogue and utilisation of ethical tools in tackling global health problems is emphasised. Thoroughly updated, new or expanded topics include: mass displacement of people; novel threats, including new infectious diseases; global justice; and ecological ethics and planetary sustainability. Offering a diverse range of perspectives, this volume is essential for bioethicists, public health practitioners and philosophers.

Academic global health programs are proliferating, and global health partnerships between North American academic institutions and institutions in low- and middle-income countries are steadily increasing. This study employs surveys and key informant interviews to examine global health partnerships, and it presents a framework for success to guide the development of sustainable global health programs and partnerships with measurable, defined impact. Eighty-two North American academic institutions and 46 international partnering institutions participated in the survey. Key informant interviews were conducted with global health leaders at 15 North American academic institutions and 11 partnering international institutions. Quantitative data were analyzed using linear regression, and qualitative data were used in thematic analyses. The surveys and interviews provide evidence of mutual benefits resulting from these global health partnerships, as well as areas for further development and improvement.

The book sets itself the ambitious task of exploring the relationship between human culture and the phenomenon of mental illness, that which has embarrassed, fascinated, and challenged educated minds throughout the centuries. Various manifestations of this phenomenon are examined in specific cultural contexts, presented with notable competence, and illustrated with memorable descriptions of clinical cases. (...) The book and its author have many merits-the capacity to present a highly specialized subject in an intelligible, absorbing, and simultaneously profound manner; respectable erudition and academic self-discipline; and the notable skill of handling different domains of knowledge, among others. The most remarkable quality, however, is the author's concern both for the reader-who is carefully led into quite unknown and still frightening territory-as well as for his protagonists, the mentally ill. All told, I believe that this book will be of interest not just to students of psychiatry, psychology, and anthropology, but also to a broader circle of readers who are excited by the wretched and admirable destiny of being human. Haralan Alexandrov

With contributions from: Eric Blyth, Ken Daniels, Julia Feast, Robert Lee, Nina Martin, Alexina McWhinnie, Derek Morgan, Clare Murray, Sharon Pettle, Claire Potter, Jim Richards and Francoise Shenfield

The separation of procreation from conception has broadened notions of parenthood and created novel dilemmas. A woman may carry a foetus derived from gametes neither or only one of which came from her or her partner; or she may carry a foetus created using in vitro fertilisation (IVF) with the purpose of handing it to two other parents one, neither or both of whom may be genetically related to the prospective child. Parents may consist of single-sex couples, only one of them genetically related to the child; the prospective mother may be past her menopause; and genetic parenthood after death is now achievable. In a world increasingly reliant on medical science, how can the argument that equates traditional with natural and novel with unnatural/unethical be justified? Should there be legislation, which is notoriously slow to change, in a field driven by dazzling new possibilities at ever faster rate; particularly when restrictions differ from country to country, so that those who can afford it travel elsewhere for their treatment of choice? Whose rights are paramount - the adults hoping to build a family or the prospective child(ren)s future well being? On what basis can apparently competing rights be regulated or adjudicated and how and to what extent can these be enforced in practice?

This practical guide summarizes the principles of working with dying patients and their families as influenced by the commoner world religions and secular philosophies. It also outlines the main legal requirements to be followed by those who care for the dying following the death of the patient. The first part of the book provides a reflective introduction to the general influences of world religions on matters to do with dying, death and grief. It considers the sometimes conflicting relationships between ethics, religion, culture and personal philosophies and how these differences impact on individual cases of dying, death and loss. The second part describes the general customs and beliefs of the major religions that are encountered in hospitals, hospices, care homes and home care settings. It also includes discussion of non-religious spirituality, humanism, agnosticism and atheism. The final part outlines key socio-legal aspects of death across the UK. Death, Religion and Law provides key knowledge, discussion and reflection for dealing with the diversity of the everyday care of dying and death in different religious, secular and cultural contexts. It is an important reference for practitioners working with dying patients, their families and the bereaved.

Health Care Disparities and the LGBT Population addresses a people whose lack of health care access, including mistreatment and refusal of services, are often omitted from discussions about health care and insurance reform. Research suggests that LGBT people experience worse health outcomes than their heterosexual counterparts. Low rates of health insurance coverage, high rates of stress due to systematic harassment, stigma, discrimination, and lack of cultural competency in the health care system frequently manifest in negative health-related behaviors. The dearth of data collection on sexual orientation and identity in state and federal health care surveys has led to inadequate information about LGBT populations, and has impeded the establishment of health programs and public policies that benefit them. With its diverse perspectives, this book will not only benefit LGBT people, but will also more broadly improve the lives of entire communities, medical care, and prevention programs and services. This research provides a better understanding of the social and structural inequalities that LGBT populations experience. Improvements to our country's health care system should go beyond just providing universal insurance and should ensure equitable health care for all.