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Books > Medicine > General issues > Medicolegal issues
Among the ablest anatomical teachers of his day, Robert Knox (1791-1862) also busied himself with the study of zoology and ethnology. Prepared by his pupil and colleague Henry Lonsdale (1816-76), this 1870 biography explores the scope of Knox's scientific research and the nature of his character. It describes how Knox developed at Edinburgh one of the most significant anatomical schools in Britain, playing a dominant role in expanding the comparative anatomy collection held by the city's Royal College of Surgeons. Despite his eminence and popularity as a lecturer, his reputation was deeply tarnished by his association with the notorious murderers Hare and Burke, who had provided Knox with bodies for dissection. Drawing on surviving correspondence and information gathered from friends and colleagues, Lonsdale's work stands as a robust defence and sympathetic portrait of a prominent yet controversial figure in the history of nineteenth-century medicine.
In America, in direct response to indefinite delays on the national transplantation waitlists and an inadequate supply of organs, a growing number of terminally ill Americans are turning to international underground markets and coordinators or brokers for organs. Chinese inmates on death-row and the economically disadvantaged in India and Brazil are the often compromised co-participants in the private negotiation process, which occurs outside the legal process - or in the shadows of law. These individuals supply kidneys and other organs for Americans and other Westerners willing to shop and pay in the private process. This book contends that exclusive reliance on the present altruistic tissue and organ procurement processes in the United States is not only rife with problems, but also improvident. The author explores how the altruistic approach leads to a 'black market' of organs being harvested from Third World individuals as well as compelled donations from children and incompetent persons.
The manner in which genetic research associated with addiction is conducted, interpreted and translated into clinical practice and policy initiatives raises important social, ethical and legal issues. Genetic Research on Addiction fulfils two key aims; the first is to identify the ethical issues and requirements arising when carrying out genetically-based addiction research, and the second is to explore the ethical, legal and public policy implications of interpreting, translating and applying this research. The book describes research guidelines on human protection issues such as improving the informed consent process, protecting privacy, responsibilities to minors and determining whether to accept industry funding. The broader public health policy implications of the research are explored and guidelines offered for developing effective social interventions. Highly relevant for clinicians, researchers, academics and policy-makers in the fields of addiction, mental health and public policy.
Back pain and back injury is an extremely common problem, producing chronic, debilitating symptoms for sufferers, and resulting in millions of pounds of lost revenue in absence from work and paid in compensation for spinal injuries. The Medico-Legal Back is the first book to address all aspects of the problem for a legal readership, in a clear, concise and reader-friendly style. It does away with the need to search for and then extract complex information from many different sources, and as such will be an indispensable guide to the problem for all lawyers, judges and medico-legal experts, as well as being of value to the orthopaedic surgeon with an interest in the spine. Of particular value is the use throughout the book of analogies drawn on anatomical technicalities and common movements, situations and incidents of everyday life. Fully illustrated throughout, with real scans using imaging modalities, and line diagrams generated especially for this title, The Medico-Legal Back should be on the shelves of all medico-legal personnel at all levels of expertise and experience.
In recent years the need for specialist knowledge of the laws governing the regulation of medicines has become apparent. This is the case among not only lawyers but also hospitals, researchers, prescribers and many others involved in the provision of healthcare. Such a need has been precipitated by a number of factors including the changing structure of healthcare in the UK and Europe, the increasing specialisation in litigation relating to medicines' control and provision and the various changes in regulation that have arisen both from challenges in the courts and from the intervention of public bodies. Until now the information resources available to those involved in the complex interrelations between medicines, medical devices and the law have remained scarce. This book is designed to address this situation by bringing together the knowledge of the laws governing the regulation of medicines of the most experienced and qualified experts in one volume ranging across all aspects of the field. All areas of the law relating to the research, development, manufacture, distribution and dispensation of medicines and medical devices in the UK are covered as well as various topics within the law governing responsibilities, procedures and compensation in cases of malpractice and injury.
People with somatoform disorder (which used to be known as hysteria) present with a range of symptoms that typically last for years and can't be traced to a specific physical cause. Such symptoms may include frequent headaches; back pain; abdominal cramping and pelvic pain; pain in the joints, legs and arms; chest or abdominal pain, and gastrointestinal problems. This book is an in-depth, clinically orientated review of the somatoform disorders and related clinical presentations (such as chronic fatigue syndrome) and how they present in a medico-legal setting. It is aimed at both clinicians and lawyers who deal with injury claims where these disorders impact much more frequently than is generally recognised.
This book offers fresh approaches to a variety of social and political issues that have become highly polarized and resistant to compromise by examining them through a population-based public health perspective. The topics included are some of the most contentious: abortion and reproductive rights; end-of-life issues, including the right to die and the treatment of pain; the connection between racism and poor health outcomes for African-Americans; the right of same-sex couples to marry; the toll of gun violence and how to reduce it; domestic violence and how the criminal justice model fails to deal with it effectively; and how tort compensation and punitive damages can further public health goals. People at every point along the political spectrum will find the book enlightening and informative. Written by eight authors, all of whom have cross-disciplinary expertise, this book shifts the focus away from the point of view of rights, politics, or morality and examines the effect of laws and policies from the perspective of public health and welfare.
The Evidence-Based Practice Manual was developed as an
all-inclusive and comprehensive practical desktop resource. It
includes 104 original chapters, each specially written by the most
prominent and experienced medical, public health, psychology,
social work, criminal justice, and public policy practitioners,
researchers, and professors in the United States and Canada. This
book is specifically designed with practitioners in mind, providing
at-a-glance overviews and direct application chapters. This is the
only interdisciplinary volume available for locating and applying
evidence-based assessment measures, treatment plans, and
interventions. Particular attention has been given to providing
practice guidelines and exemplars of evidence-based practice and
practice-based research.
There is a fundamental contradiction at the core of health policy in the EU that makes it difficult to draw a line between EU and Member State responsibilities. This raises a number of difficult questions for policy makers and practitioners as they struggle to interpret both 'hard' and 'soft' laws at EU and Member State level and to reconcile tensions between economic and social imperatives in health care. The book addresses these complex questions by combining analysis of the underlying issues with carefully chosen case studies that illustrate how broader principles are played out in practice. Each chapter addresses a topical area in which there is considerable debate and potential uncertainty. The book thus offers a comprehensive discussion of a number of current and emerging governance issues in EU health policy, including regulatory, legal, 'new governance' and policy-making dynamics, and the application of the legal framework in these areas.
There is a fundamental contradiction at the core of health policy in the EU that makes it difficult to draw a line between EU and Member State responsibilities. This raises a number of difficult questions for policy makers and practitioners as they struggle to interpret both 'hard' and 'soft' laws at EU and Member State level and to reconcile tensions between economic and social imperatives in health care. The book addresses these complex questions by combining analysis of the underlying issues with carefully chosen case studies that illustrate how broader principles are played out in practice. Each chapter addresses a topical area in which there is considerable debate and potential uncertainty. The book thus offers a comprehensive discussion of a number of current and emerging governance issues in EU health policy, including regulatory, legal, 'new governance' and policy-making dynamics, and the application of the legal framework in these areas.
Public attention on embryo research has never been greater. Modern reproductive medicine technology and the use of embryos to generate stem cells ensure that this will continue to be a topic of debate and research across many disciplines. This multidisciplinary book explores the concept of a 'healthy' embryo, its implications on the health of children and adults, and how perceptions of what constitutes child and adult health influence the concept of embryo 'health'. The concept of human embryo health is considered from preconception to pre-implantation genetic diagnosis to recent foetal surgical approaches. Burgeoning capacities in both genetic and reproductive science and their clinical implications have catalysed the necessity to explore the concept of a 'healthy' embryo. The authors are from five countries and 13 disciplines in the social sciences, humanities, biological sciences and medicine, ensuring that the book has a broad coverage and approach.
A basic knowledge of the legal framework in which healthcare is, and the role that law and the judiciary play in the working lives of all professionals has become an intrinsic part in the training of students of medicine, nursing, pharmacy and the allied professions. This is partly due to the increasing frequency and controversy of items of medicolegal significance in the media, and partly due to the wide and freely available range of specialist medical information available to the public against which to judge medical treatment. This book looks at those areas where law and medicine commonly meet. The chapters are written by a multidisciplinary group of practitioners with special interest or experience in their subjects. A vast number of subjects are covered; from controversial issues such as euthanasia to issues such as confidentiality, all of which will be interest to students of medicine and healthcare providers alike.
Trusted for over 40 years for its authoritative account of medical law, this text provides the right balance between in-depth legal coverage and analysis of ethical issues. This classic textbook focuses on medical law and its relationship with medical practice and modern ethics. It provides thorough coverage of all topics found on medical law courses, and in-depth analysis of recent court decisions and legislation, encouraging students to think critically about this area of study. - Covers the whole field of modern ethical medical practice, making the book suitable for use on all undergraduate and postgraduate medical law courses - Clearly sets a diversity of views in ethical debates, and offers the authors' own perspectives, encouraging students to explore and form their own opinions - Takes account of the influence of international policy and legal developments in shaping medical law in the UK New to this edition: · Two brand new chapters introduce students to concepts, theories, and tools that frame interpretation and analysis of health and medical law · A new chapter provides an overview of UK health systems and examines these in the context of devolution, the Covid-19 pandemic, and Brexit · The table of contents has been reorganised and streamlined to enhance clarity and focus on current issues in the discipline · Includes coverage of developments such as the Health and Social Care Act 2022, Mental Health Bill 2022, Medicines and Medical Devices Act 2021, Coronavirus Act 2020, new regimes for organ donation, Bell v Tavistock, ABC v St George's Healthcare NHS Trust, Khan v Meadows, and more Digital formats This twelfth edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
There can be few aspects of life which have altered so dramatically in the past few decades as the relationship between medicine and the law. Treatments become more and more sophisticated as each advance in medicine is made. At the same time, the legal and moral issues surrounding such treatments have multiplied and have become increasingly sensitive and complex. Introducing the reader to important topics which include genetics, consent, negligence, research, assisted reproduction and mental health, the book outlines what the current law is, why it is so and what it may become in the future. This book provides wide-ranging coverage of the most important ethical and moral issues that face healthcare professionals, lawyers and the general public alike and it offers a unique insight into the problems that healthcare providers and patients can be expected to encounter both today and in the future.
Mason looks at the legal response to those aspects of the troubled pregnancy which require or involve medico-legal intervention. The unwanted pregnancy is considered particularly in the light of the Abortion Act 1967, s.1(1)(d) and the related action for so-called wrongful birth due to faulty ante-natal care. The unexpected or uncovenanted birth of a healthy child resulting from failed sterilisation is approached through an analysis of the seminal case of McFarlane and associated cases involving disability in either the neonate or the mother. The disabled neonate's right to sue for its diminished life is discussed and the legal approach to the management of severe congenital disease is analysed - thus following Baroness Hale in believing that care of the newborn is an integral part of pregnancy. Aspects are considered from historical and comparative perspectives, including coverage of experience in the USA, the Commonwealth and Europe.
Extreme Prematurity examines the controversial issues surrounding the clinical management of this group of neonates by the intervention of modern neonatal intensive care. The foregoing of life-sustaining treatment is of particular importance. The subject matter is very relevant because of the alarming increase in multiple and preterm births, due to the increase in women who are undergoing assisted reproductive procedures, and the large increase in premature labor. No recent book covers the subject in such comparable breadth. The first section of this very timely monograph covers the epidemiology and practices in different parts of the world; the second section covers bioethics considerations, including ethical theories, moral principles and quality of life issues; the third section covers national and international guidelines; the last section covers medical law aspects in the US and around the world.
Medical malpractice lawsuits are common and controversial in the United States. Since early 2002, doctors' insurance premiums for malpractice coverage have soared. As Congress and state governments debate laws intended to stabilize the cost of insurance, doctors continue to blame lawyers and lawyers continue to blame doctors and insurance companies. This book, which is the capstone of three years' comprehensive research funded by The Pew Charitable Trusts, goes well beyond the conventional debate over tort reform and connects medical liability to broader trends and goals in American health policy. Contributions from leading figures in health law and policy marshal the best available information, present new empirical evidence, and offer cutting-edge analysis of potential reforms involving patient safety, liability insurance, and tort litigation.
Many people think human reproductive cloning should be a crime-some states have even outlawed it and Congress is working to enact a national ban. However, if reproductive cloning soon becomes a reality, it will be impossible to prevent infertile couples and others from choosing the technology, even if they have to break the law. While most books on cloning cover the advantages and disadvantages of cloning technology, Illegal Beings describes the pros and cons of laws against human reproductive cloning. Kerry Lynn Macintosh, an attorney with expertise in the area of law and technology, argues that the most common objections to cloning are false or exaggerated, inspiring laws that stigmatize human clones as subhuman and unworthy of existence. She applies the same reasoning that was used to invalidate racial segregation to show how anti-cloning laws, by reinforcing negative stereotypes, deprive human clones of their equal protection rights under the law. Her book creates a new topic within constitutional law: existential segregation, or the practice of discriminating by preventing the existence of a disfavored group or class. This comprehensive and novel work looks at how anti-cloning laws will hurt human clones in a fresh perspective on this controversial subject. Kerry Lynn Macintosh is a member of the Law and Technology faculty at Santa Clara University School of Law. She is the author of papers, articles, and book chapters on the law and technology and has contributed to the Harvard Journal of Law and Technology, Boston University Journal of Science and Technology Law, and Berkeley Technology Law Journal.
How does the law of the European Union affect health law and policy? At first sight, it seems limited. However, despite its restricted formal competence, the EU has recently become increasingly involved in the health field. Litigation based on EU law has resulted in a 'right to receive health care services' across national boundaries which may have huge practical implications for national health systems. The EU has promulgated legislation regulating clinical research, and the marketing of pharmaceuticals; patients' rights are affected by EU legislation on data protection and product liability; the qualifications of health care professionals are legally recognised across the EU; and the EU has acted to promote public health. This book explores the various impacts of measures of EU law on national health law and policy. Through elaboration of selected examples, the authors show that, within the EU, health law cannot be regarded as a purely national affair.
Genetics research with stored human tissues provides many benefits
and holds much promise. Yet how this critical research is conducted
sometimes raises serious ethical, legal, and social concerns, and
it is difficult to balance the promise of biomedical research with
our time-honored commitments to individual choice in such
fundamental matters as control over personal health information and
the disposition of our bodily tissues.
No developed nation relies exclusively on the private sector to finance health care for citizens. This book begins by exploring the deficiencies in private health insurance that account for this. It then recounts the history and legal character of America's public health care entitlements - Medicare, Medicaid, and tax subsidies for employment-related health benefits. These programs are increasingly embattled, attacked by those advocating privatization (replacing public with private insurance), individualization (replacing group and community-based insurance with approaches based on individual choice within markets) and devolution (devolving authority over entitlements to state governments and to private entities). The book critically analyzes this movement toward disentitlement. He also examines the primary models for structuring health care entitlements in other countries - general taxation-funded national health insurance and social insurance, and considers what we can learn from these models. The book concludes by describing what an American entitlement-based health care system could look like, and in particular how the legal characteristics of our entitlement programs could be structured to support the long-term sustainability of these vital programs.
The concept of reproductive health promises to play a crucial role in improving health care provision and legal protection for women around the world. This is an authoritative and much-needed introduction to and defence of the concept of reproductive health, which though internationally endorsed, is still contested. The authors are leading authorities on reproductive medicine, women's health, human rights, medical law, and bioethics. They integrate their disciplines to provide an accessible but comprehensive picture. They analyse 15 cases from different countries and cultures, and explore options for resolution. The aim is to equip readers to fashion solutions in their own health care circumstances, compatibly with ethical, legal and human rights principles.
Two sensational trials, the first for manslaughter, the second for libel, gripped the city of Brooklyn at the end of the ninetheenth century. In 1892 the Brooklyn Daily Eagle began detailing a history of midnight hearses and botched surgeries performed by a scalpel-eager female surgeon, Mary Dixon Jones. What Morantz-Sanchez unravels is a classic whodunit of history. From the patients' bedsides to the operating room, from the news-room to the courthouse, Morantz-Sanchez questions the evidence, recreates motives, and above all uses the trial and medical practice of Dixon Jones to tell a gripping narrative of a remarkable female surgeon operating at the very forefront of American science and medicine and the risks run by both patients and surgeons at the origins of gynaecological surgery.
The need for specialist knowledge of the laws governing the regulation of medicines has become apparent. This is the case among not only lawyers but also hospitals, researchers, prescribers and many others involved in the provision of healthcare. Such a need has been precipitated by a number of factors, including the changing structure of healthcare in the UK and Europe and the various changes in regulation that have arisen both from challenges in the courts and from the intervention of public bodies. However, the information available to those involved in the complex interrelations between medicines, medical devices and the law have remained scarce. This book aims to address this situation by bringing together the knowledge of the laws governing the regulation of medicines ranging across the field from the ethics of the use of medicines in treatment and research, through to drug-induced injury, civil liability and no-fault compensation schemes. |
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