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.

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.

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.

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.

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."

*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

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.

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.

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.

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.

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

This book demonstrates the utility of healthcare law, policy and professional standards in analysing the ethical issues that arise in the provision of health services. Rejecting moral absolutes, its examination of health law, policy and professional standards and of how societies codify beliefs is pertinent to ethical analysis - and also offers the possibility of practical solutions to healthcare challenges across the globe. Comparing and contrasting ethical and policy issues from countries around the world (with a focus on Asia, Europe and the USA), this book addresses such issues as conflict of interest, the balance between healthcare quality and cost, and the effect of geography and demographics on access to healthcare. Critique and discussion are tempered with suggestions for the evaluation of policy and systems; its pragmatic approach suggests how theory can and should inform practice. Health Policy and Ethics offers refreshing reading for professionals and academics in healthcare, medical ethics and policy. Researchers and students with an interest in healthcare delivery, comparative healthcare policy analysis, and health and human rights will also find much of interest. 'This book offers an unusual and welcome perspective on the rights and wrongs of health policy, with comparisons across space and time, from China to Italy, from Malaysia to India, from pharmaceutical ethics to the overarching topic of rationing.' Theodore Marmor, Professor Emeritus, Yale University School of Management Ethical analysis in this domain is not easy, as things held sacred will at times conflict, and of course within a given society there will be variability in values and priorities between individuals and over time. The anticipated difficulties serve to further emphasize that the ongoing ethical analysis should include input from those with experience and skill at that task. This book successfully demonstrates that point. In addition, Health Policy and Ethics is a welcome bridge between these two fields, and a very worthwhile read for individuals whose primary interest lies in either one. - From the Foreword by Mark R. Mercurio

Research holds a key to preventing and effectively treating mental disorders, including ADHD, depression, schizophrenia, and substance abuse. Yet even as research holds out promise, mental health researchers face numerous ethical challenges. Responsible for ensuring participants are able and willing to grant consent, researchers must also constantly protect privacy and confidentiality. But for so many situations, the appropriate decisions are not so clear. An individual with cognitive deficits may have difficulty understanding a research study and granting informed consent, but nevertheless wants to participate. Many studies gather private information about medical records or illegal behaviour that could lead to emotional, social, or legal harm if shared, yet state laws and institutional review boards may require researchers to breach confidentiality in specific situations. Moreover, mental health consumers and other vulnerable research participants are frequently familiar with historical cases of abuse of human subjects, and may be mistrustful of researchers or fear exploitation. At the same time, researchers are often frustrated when they feel that advocates or institutional review boards erect barriers to research, even while failing to enhance the ethical treatment of participants. Ethical research is rarely simply about avoiding bad activities, and more frequently about how to pursue good research when multiple values and commitments conflict. Ethics in Mental Health Research explores how ethical issues arise in mental health research, and offers guidance to researchers who seek to comply with regulations while conducting research that is at once ethical and scientifically credible. Case studies used throughout illustrate a variety of situations and effective problem-solving strategies. This book is essential reading for mental health researchers, IRB members, and research advocates.

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.

The second and thoroughly revised edition of the 1999 reference provides substantially expanded citations in vital areas such as institutional liability, genetics, managed care, integrated delivery systems, professional regulation, and antitrust law. This comprehensive reference work is unique in its scope, accuracy, timeliness, and viability. It is endorsed by the American Health Lawyers Association and the American Hospital Association.

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.

A standard and therefore indispensable reference work for all who prepare, order, appraise, or evaluate reports on the consequences of accidents. This work convinces with its ability to combine legal and medical aspects and its interdisciplinary perspective and presentation. The 11th edition comprises all relevant areas from both state and private insurance. New legal regulations such as the "Quality Assurance Law," Rehabilitation Law, and changes in the state retirement insurance are treated. The new edition includes a chapter on psychoreactive disorders, an expansion of the topic private accidents, a new chapter on compensation for report preparation, as well as new legal guidelines and the latest medical findings.

Written for practitioners and policymakers, this book will help professionals across health, education, social care and juvenile justice services to understand the needs of young offenders and adolescents at risk of entering the criminal justice system. Developmental in approach, the textbook provides a comprehensive overview of forensic child and adolescent mental health, using cases to help clinicians link theoretical principles to practice and understand how mental health and neurodevelopmental impairment can relate to offending behaviour. With an emphasis on preventive initiatives, early intervention and the building of psycho-social resilience through the delivery of values based practice, this book highlights the need for comprehensive assessment for young people across multiple domains of their lives. This book is of interest to all clinicians working within mental health teams, practitioners working with children and adolescents, professionals involved with youth justice and medico-legal issues, and politicians responsible for establishing health and social policy.

All manner of medical practitioners have had their scruples dissected ad infinitum. In spite of the attention paid to medical ethics and bioethics, little has been paid to the ethical roles and responsibilities of those who are ultimately in charge of hospital governance: hospital trustees. Deriving from a Hastings Center research project involving meetings with a national task force of experts and extensive interviews with 98 nonprofit hospital trustees and CEOs over a two-year period, The Ethics of Hospital Trustees shows that the decisions made by these often overlooked members of the health community do raise important ethical issues, and that ethical dimensions of trustee service should be more explicitly recognized and discussed.Practical as well as theoretical, The Ethics of Hospital Trustees uncovers four basic principles: 1. Fidelity to mission; 2. Service to patients; 3. Service to the community; and 4. Institutional stewardship. In delineating the extremely important functions of hospital trustees, from patient safety to financial responsibility, the contributors outline not only how hospital trustees do perform -- they give a fresh understanding to how they should perform as well.

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.

This easy-to-read book explains the nuts and bolts of the Mental Capacity Act 2005 that clinicians need to understand and use in their daily practice. This Act now gives all clinicians the authority to provide medical care and treatment for people over 16 years of age who lack the capacity to consent for themselves. It covers: how to assess whether a person lacks capacity and how to clarify the threshold of decision-making incapacity; the range, scope and limitations of the various authorities to treat (including 'best interests' decisions, advance decisions and lasting powers of attorney); the range of safeguards in place (such as the Deprivation of Liberty Safeguards (DoLs), the Court of Protection and Independent Mental Health Advocates); and relevant aspects of the Human Rights Act 1998, the Mental Health Act (including all recent amendments) and illustrative case law. There have been numerous developments in case law in the two years since the first edition. The second edition expands on clinically relevant issues from the courts, and assists in bridging the gap between court judgments and the frontline clinician.