Crucial to health and social care practice, the Mental Capacity Act (MCA) 2005 safeguards decision-making within a legal framework. This book provides theoretical, practical and up-to-date guidance on mental capacity legislation. It focuses on the theory underpinning the principles of the MCA 2005, including historical background, and the practical challenges in applying legal statute in varied clinical settings, from hospitals to social care in community settings. Recent case law is detailed, and examples of ethical dilemmas and medico-legal challenges feature, along with guidance to navigate these in clinical practice. Applying mental capacity principles in end-of-life decision-making is an area of discussion, as well as the future of legislative changes in the field. To be read alongside the MCA 2005 Code of Practice, this guide will support mental health and social care professionals in clinical settings.

Back to the Asylum explains why American mental health law and policy now emphasize "law and order" rather than individualized justice and civil liberties, and why mental health law is currently being reshaped to protect society rather than the mentally ill. The authors convincingly demonstrate how rapidly changing American values gave shape to two very different visions of justice for the mentally ill. They argue that from about 1960 to 1980 - what they call the Liberal era - Americans staunchly supported civil liberties for all, particularly for disadvantaged citizens like the mentally ill. In fact, criminal law itself provided ample opportunities for mentally ill offenders to escape punishment for their crimes. Moreover, deinstitutionalization and restrictive civil commitment laws made it difficult to hospitalize the mentally disabled against their will. However, from 1980 on - what the authors call the Neoconservative era - Americans, fearful of rising crime and the increasing number of homeless in their communities, demanded new laws to restore law and order. Today, it is much harder for mentally ill offenders to escape criminal blame and far easier to put other disturbed citizens into hospitals against their will.

Back to the Asylum masterfully explains how this abrupt shift in mental health law and policy - a shift from protecting individual civil rights to protecting the community - impacted the mentally ill. It examines these legal changes in their broader social context and offers a provocative analysis of whether these law reforms had their intended effect. Finally it forecasts the future of mental health law and policy as America enters the twenty-first century.

The Oxford Textbook of Medicine is the foremost international textbook of medicine. Unrivalled in its coverage of the scientific aspects and clinical practice of internal medicine and its subspecialties, it is a fixture in the offices and wards of physicians around the world, as well as being a key resource for medico-legal practitioners. Accessible digitally with regular updates, as well as in print, readers are provided with multiple avenues of access depending on their need and preference. More comprehensive, more authoritative, and more international than any other textbook; Oxford Textbook of Medicine focuses on offering both perspective and practical guidance on clinical management and prevention of disease. Introductory sections focus on the patient experience, medical ethics and clinical decision making, outlining a philosophy which has always characterized the Oxford Textbook of Medicine. It is humane, thought-provoking, and aims to instill in readers an understanding of the role of medicine in society and the contribution it can make to the health of populations, and it does not shy away from discussion of controversial aspects of modern medicine. As always, there is detailed coverage of all areas of internal medicine by the world's very best authors. The Oxford Textbook of Medicine seeks to embody advances in understanding and practice that have arisen through scientific research. The integration of basic science and clinical practice is unparalleled, and throughout the book the implications of research for medical practice are explained. The core clinical medicine sections offer in-depth coverage of the traditional specialty areas. The Oxford Textbook of Medicine has unsurpassed detail on infectious diseases: the most comprehensive coverage to be found in any textbook of medicine. Other sections of note include stem cells and regenerative medicine; inequalities in health; medical aspects of pollution and climate change; travel and expedition medicine; bioterrorism and forensic medicine; pain; medical disorders in pregnancy; nutrition; and psychiatry and drug related problems in general medical practice. The section on acute medicine is designed to give rapid access to information when it is needed quickly. In response to ongoing user feedback there have been substantial changes to ensure that the Oxford Textbook of Medicine continues to meet the needs of its readers. Chapter essentials give accessible overviews of the content and a new design ensures that the textbook is easy to read and navigate. The evidence-base and references continue to be at the forefront of research. New to this edition is that purchasers of the print version of the Oxford Textbook of Medicine sixth edition will have free access on Oxford Medicine Online to all the content plus regular updates for the life of the edition.

Alcohol: No Ordinary Commodity is a collaborative effort by an international group of addiction scientists to improve the linkages between addiction science and alcohol policy. It presents, in a comprehensive, practical, and readily accessible form, the accumulated scientific knowledge on alcohol research that has a direct relevance to the development of alcohol policy on local, national, and international levels. It provides an objective basis on which to build relevant policies globally and informs policy makers who have direct responsibility for public health and social welfare. By locating alcohol policy primarily within the realm of public health, this book draws attention to the growing tendency for governments, both national and local, to consider alcohol misuse as a major determinant of ill health, and to organize societal responses accordingly. The scope of the book is comprehensive and global. The authors describe the conceptual basis for a rational alcohol policy and present new epidemiological data on the global dimensions of alcohol misuse. The core of the book is a critical review of the cumulative scientific evidence in seven general areas of alcohol policy: pricing and taxation, regulating the physical availability of alcohol, modifying the environment in which drinking occurs, drinking-driving countermeasures, marketing restrictions, primary prevention programs in schools and other settings, and treatment and early intervention services. The final chapters discuss the current state of alcohol policy in different parts of the world and describe the need for a new approach to alcohol policy that is evidence-based, global, and coordinated. A valuable resource for those involved in addiction science and drug policy, as well as those in the wider fields of public health, health policy, epidemiology, and practising clinicians.

Life expectancy is an important issue in cases of serious personal injury. This book explains how to calculate life expectancy, and how to avoid common mistakes and misunderstandings. Basic concepts are illustrated with data from studies involving a wide range of conditions, including alcoholism, cerebral palsy, colon cancer, diabetes, and spinal cord injury (tetraplegia). There are also case studies of three of the major topics in life expectancy -- cerebral palsy; traumatic brain injury; and tetraplegia. The chapters are user-friendly, with extensive use of visual aids such as graphs and tables. The subject of epidemiology is at the heart of the methods that are discussed, and additional reading sources are suggested for those readers who would like to learn more about this important area of modern medicine.

Fully revised for this third edition, the Oxford Handbook of Occupational Health is a concise, practice-based guide to the area. Bringing together the latest legislation and guidance with current practice in the field, this is an authoritative reference to assessing and managing health risks in the workplace. Consisting of twelve sections covering the full breadth of practice, this Handbook covers workplace hazards and diseases, occupational health emergencies, and practical procedures. This third edition also contains new information on ethics, work health and disability, infection control, respiratory disorders, and fitness for work, with updated diagrams, figures and chemical structures to aid reader understanding. Providing a thorough, easy-to-use guide to the whole of occupational health, this Handbook is the essential resource for all occupational physicians, occupational health nurses, and all those dealing with workplace health and fitness, giving you the information you need at your fingertips.

The practice of intensive care medicine raises multiple legal and ethical issues on a daily basis, making it increasingly difficult to know who to admit and when, at what stage invasive management should be withdrawn, and who, importantly, should decide? These profound dilemmas, already complicated in a setting of scarce resources, mandate an understanding of law and ethics for those working in intensive care medicine. Clinically focused, this book explains the relevance of landmark rulings to aid your day-to-day decision-making. A spectrum of ethical and legal controversies in critical care are addressed to demonstrate how law and ethics affects the care available to patients and vice versa. Discussion of conflict resolution advises the options open to you when agreement on treatment decisions or withdrawal cannot be reached. The literature and variations surrounding Do Not Attempt Resuscitation decisions are outlined to help you navigate this complex area. This edition also provides an up-to-date analysis of issues such as futility and depreciation of liberty. Featuring contributions from leading legal and medical experts, this important reference should be read by every critical care professional.

U.S. military conflicts abroad have left nine million Americans dependent on the Veterans Health Administration (VHA) for medical care. Their "wounds of war" are treated by the largest hospital system in the country-one that has come under fire from critics in the White House, on Capitol Hill, and in the nation's media. In Wounds of War, Suzanne Gordon draws on five years of observational research to describe how the VHA does a better job than private sector institutions offering primary and geriatric care, mental health and home care services, and support for patients nearing the end of life. In the unusual culture of solidarity between patients and providers that the VHA has fostered, Gordon finds a working model for higher-quality health care and a much-needed alternative to the practice of for-profit medicine.

American health care is in crisis because of exploding medical malpractice litigation. Insurance premiums for doctors and malpractice lawsuits are skyrocketing, rendering doctors both afraid and unable to afford to practice medicine. Undeserving victims sue at the drop of a hat, egged on by greedy lawyers, and receive eye-popping awards that insurance companies, hospitals, and doctors themselves struggle to pay. The plaintiffs and lawyers always win; doctors, and the nonlitigious, always lose; and affordable health care is the real victim.
This, according to Tom Baker, is the myth of medical malpractice, and as a reality check he offers "The Medical Malpractice Myth," a stunning dismantling of this familiar, but inaccurate, picture of the health care industry. Are there too many medical malpractice suits? No, according to Baker; there is actually too much medical malpractice, with only a fraction of the cases ever seeing the inside of a courtroom. Is too much litigation to blame for the malpractice insurance crisis? No, for that we can look to financial trends and competitive behavior in the insurance industry. Point by point, Baker--a leading authority on insurance and law--pulls together the research that demolishes the myths that have taken hold and suggests a series of legal reforms that would help doctors manage malpractice insurance while also improving patient safety and medical accountability.
"The Medical Malpractice Myth" is a book aimed squarely at general readers but with radical conclusions that speak to the highest level of domestic policymaking.

Why do present-day mental health professionals practice the way that they do? Over the past fifty years, a number of landmark court holdings have changed such basic principles as what material is confidential, how civil commitment and involuntary treatment are conducted, and when a therapist has a duty to protect the public from a dangerous patient. Unlike most legal texts, this volume explores these complex principles through the human stories of the litigants involved.

A Medic's Guide to Essential Legal Matters offers practitioners highly practical advice on the legal principles which they need to apply to everyday clinical practice. Thirteen chapters cover key areas of medical law from the structure of the legal system, confidentiality, mental health capacity, through to current legal practices. Each chapter is written in an easy-to-digest format with helpful summary boxes covering key legal terms, laws, and statutes, and 'key point' boxes highlighting important take-home facts. An alphabetical glossary of legal terms at the end of the book offers a rapid reference that supports every chapter. A Medic's Guide to Essential Legal Matters has been carefully crafted to be concise yet informative and practical, covering the key aspects of this daunting subject. Written by a team of doctors and legal practitioners in the field of medical law, this resource offers you the expertise and experience needed to get to grips with medical law. A Medic's Guide to Essential Legal Matters includes access to online-only content, consisting of 65 multiple choice questions and answers that can be used to reinforce understanding, along with further reading sources to supplement and explore topics of interest. You can access and use this online material by activating your unique access code.

`Jenkins' book makes the law relevant, understandable and manageable to counsellors and psychotherapists. It makes clear, reassuring and essential reading for therapists in training as well as those in practice. [All] counsellors and psychotherapisys need to be up to speed with the law and with how it relates to their work. This book is more than timely with the impending introduction of regulation, and the fact that increasingly the work of counsellors and psychotherapists is being subjected to legal scrutiny' - Healthcare Counselling and Psychotherapy Journal Counselling, Psychotherapy and the Law is the long-awaited Second Edition of Peter Jenkins' comprehensive introduction to legal issues in relation to counselling and psychotherapy in the UK. This text has been fully updated to include coverage of the key developments in the law that have had major impact on therapists' practice with regard to data protection and the management of confidentiality. The book breaks new ground by exploring in detail the relationship of ethics to the law and providing a framework for relating the BACP Ethical Framework to legal decision-making. Key features of this new edition include: " extensive use of case studies. These bring legal examples to life and give a human dimension to powerful ethical dilemmas such as seeking agreement to end medical treatment, or client's gaining access to their own confidential records " key points, which provide quick summaries of complex material and reference guides for professional practice " the multiple points of crossover and intersection of law and therapy. These are identified and explored, ranging from the use of narrative theory, to the provision of pre-trial therapy for abused children, to the role of the therapist as expert witness. This new edition provides clarity and reassurance for practitioners at all levels about the exact nature of their responsibilities, and how these can best be managed, in order to enable them to comply with the law and focus on their therapeutic work with clients. Counselling, Psychotherapy and the Law, Second Edition provides an essential source of reference in a single volume, making a fascinating and complex topic understandable and bringing it to life. Peter Jenkins, formerly a member of the BACP Professional Conduct Committee and currently a member of the Ethics Committee of the UKCP, has been described by Counselling at Work as 'probably the foremost authority on legal issues in counselling'. He is Co-Director of the Counselling and Psychotherapy Directorate at the University of Salford. More reviews: `Despite requiring real concentration, this is an essential read for counsellors and psychotherapists irrespective of background and theoretical orientation. Trainers, supervisors and agency coordinators especially would benefit from the up to date material contained here' - Therapy Today `Peter Jenkins has consulted widely over the content of this book, both within the psychological therapies field and with legal eagles. [His] use of clear flow diagrams and comparison boxes enable the reader to identify the similarities and differences between professional and moral/ethical debates. It is a thoroughly researched and accessible text' - Association for University and College Counselling Journal `a comprehensive overview of a rapidly evolving field. This book represents a helpful addition to practitioners' bookshelves as a reference work, but also a beneficial read to stimulate thoughtful responses to practical dilemmas. It provides a good support to both therapeutic and supervision practices across the spectrum of experience and theoretical models' - The Psychotherapist

This new collection of essays on HIV viruses spans disciplines to topple popular narratives about the origins of the AIDS pandemic and the impact of the disease on public health policy. With a death toll in the tens of millions, the AIDS pandemic was one of the worst medical disasters of the past century. The disease was identified in 1981, at the height of miraculous postwar medical achievements, including effective antibiotics, breakthrough advances in heart surgery and transplantations, and cheap, safe vaccines--smallpox had been eradicated just a few years earlier. Arriving as they did during this era of confidence in modern medicine, the HIV epidemics shook the public's faith in health science. Despite subsequent success in identifying, testing, and treating AIDS, the emergence of epidemics and outbreaks of Ebola, Zika, and the novel coronaviruses (SARS and COVID-19) are stark reminders that such confidence in modern medicine is not likely to be restored until the emergence of these viruses is better understood. This collection combines the work of major social science and humanities scholars with that of virologists and epidemiologists to provide a broader understanding of the historical, social, and cultural circumstances that produced the pandemic. The authors argue that the emergence of the HIV viruses and their epidemic spread were not the result of a random mutation but rather broader new influences whose impact depended upon a combination of specific circumstances at different places and times. The viruses emerged and were transmitted according to population movement and urbanization, changes in sexual relations, new medical procedures, and war. In this way, the AIDS pandemic was not a chance natural occurrence, but a human-made disaster. Essays by: Ernest M. Drucker, Tamara Giles-Vernick, Ch. Didier Gondola, Guillaume Lachenal, Amandine Lauro, Preston A. Marx, Stephanie Rupp, Francois Simon, Jorge Varanda

Clinical Governance is integral to healthcare and all doctors must have an understanding of both basic principles, and how to apply them in daily practice. Within the Clinical Governance framework, patient safety is the top priority for all healthcare organisations, with the prevention of avoidable harm a key goal. Traditionally medical training has concentrated on the acquisition of knowledge and skills related to diagnostic intervention and therapeutic procedures. The need to focus on non-technical aspects of clinical practice, including communication and team working, is now evident; ensuring tomorrow's staff are competent to function effectively in any healthcare facility.
This book provides a guide to how healthcare systems work; their structure, regulation and inspection, and key areas including risk management, resource effectiveness and wider aspects of knowledge management. Changing curricula at undergraduate level reflect this, but post-graduate training is lagging behind and does not always equip trainees appropriately for a hectic clinical environment. An Introduction to Clinical Governance and Patient Safety presents a simple overview of clinical governance in context, highlighting important principles required to function effectively in a pressurised healthcare environment. It is presented in short sections based on the original seven pillars of clinical governance. These have been expanded to include the fundamental principles of systems, team working, leadership, accountability, and ownership in healthcare, with examples from everyday practice. This format is designed to facilitate use as a 'pocket guide' which can be dipped into during the working day, as well as for general reading. Examples from all branches of medicine are presented to facilitate understanding. Contributors are taken from a broad base - from junior doctors to internationally recognised experts - ensuring issues are addressed from all perspectives.

With medication errors in healthcare an internationally recognised problem, this much-needed book delivers a comprehensive approach to understanding medication safety in the perioperative period. It reviews what medication adverse events are, and how often and where these errors occur, as well as exploring human cognitive psychology and explaining why things can go wrong at any time in a complex system. Detailed discussions around mistakes, judgement errors, slips and lapses, and violations, are presented alongside real-life examples of the indistinct line between negligence and inevitable error. The co-authors bring a wide and practical perspective to the theories and interventions that are available to improve medication safety, including legal and regulatory actions that further or impede safety. Essential reading for anesthesiologists, nurses, pharmacists and other perioperative team members committed to improving medication safety for their patients, and also an invaluable resource for those who fund, manage and regulate healthcare.

How ought the law to deal with novel challenges regarding the use and control of human biomaterials? As it stands the law is ill-equipped to deal with these. Quigley argues that advancing biotechnology means that the law must confront and move boundaries which it has constructed; in particular, those which delineate property from non-property in relation to biomaterials. Drawing together often disparate strands of property discourse, she offers a philosophical and legal re-analysis of the law in relation to property in the body and biomaterials. She advances a new defence, underpinned by self-ownership, of the position that persons ought to be seen as the prima facie holders of property rights in their separated biomaterials. This book will appeal to those interested in medical and property law, philosophy, bioethics, and health policy amongst others.

Systematically improving patient safety is of the utmost importance, but it is also an extremely complex and challenging task. This illuminating study evaluates the role of professionalism, regulation and law in seeking to improve safety, arguing that the 'medical dominance' model is ill-suited to this aim, which instead requires a patient-centred vision of professionalism. It brings together literatures on professions, regulation and trust, while examining the different legal mechanisms for responding to patient safety events. Oliver Quick includes an examination in areas of law which have received little attention in this context, such as health and safety law, and coronial law, and contends in particular that the active involvement of patients in their own treatment is fundamental to ensuring their safety.

The field of refugee family research and intervention forms a growing field of scientific study, focussing on the refugee family as the central niche of coping with, and giving meaning to, trauma, cultural uprooting, and exile. This important new book develops an understanding of the role of refugee family relationships in post-trauma healing and provides an in-depth analysis of central clinical-therapeutic themes in refugee family psychosocial interventions. Expert contributions from across transcultural psychiatry, psychology, psychotherapy and social work have provided chapters on post-trauma reconstruction in refugee family relationships, trauma care for refugee families, and intersectorial psychosocial interventions with refugee families. This exploration of refugee family systems in both research and clinical practice aims to promote a systemic perspective in health and social services working with families in refugee mental health care.

This book comprehensively educates psychiatrists about malpractice and other liability. It is written to also specifically assist psychiatrists who are sued or are involved in other complaints. The first two sections discuss malpractice law and the litigation process; the litigation section mainly addresses some of the more emotionally charged issues, including do's and don'ts, how an attorney will be looking at the case, the defendant doctor's testifying at deposition and trial, and the stress of being sued. The subsequent three sections address specific topics that give rise to liability, with each section taking a different perspective such as risks in particular clinical, by practice site, and special issues, including practice in special situations such as the current pandemic. The final section discusses other forms of liability, such as complaints to medical boards or professional association ethics committees. An exceptional work, Malpractice and Liability in Psychiatry, functions as both a go-to handbook and all-encompassing read on the aforementioned topics.

Despite a rich and turbulent history spanning several centuries, malingering continues to be a controversial and neglected clinical condition that has significant implications for medical, social, legal and insurance interests. Estimates of malingering - the wilful, intentional attempt to simulate or exaggerate illness in the pursuit of a consciously desired end - vary greatly, despite the fact that malingering is believed to contribute substantially to fraudulent health care and social welfare costs.

There is little consensus about what would constitute a coherent assessment of malingering, and base rates have been difficult to establish. Malingering remains a difficult attribution to make not least since it falls outside the remit of the formal psychiatric classifications. Labelling a person as a malingerer however, has significant medico-legal, personal and economic ramifications for both subject and accuser. Viewed in this way, malingering is not so much illness behaviour in search of a disease, as the manifestation of a conflict between personal and social values.

The aim of this book is to effect an integration of the different medical, forensic, neuropsychological, legal and social perspectives. The book provides an overview of progress in disparate fields relevant to the subject, including how recent social and neuroscience findings regarding volition, intentional states and theory of mind may have implications for informing detection, management and ultimately its explanation.

In Ailing in Place, Michele Morrone explores the relationship between environmental conditions in Appalachia and health outcomes that are too often ascribed to individual choices only. She applies quantitative data to observations from environmental health professionals to frame the ways in which the environment, as a social determinant of health, leads to health disparities in Appalachian communities. These examples--these stories of place--trace the impacts of water quality, waste disposal, and natural resource extraction on the health and quality of life of Appalachian people. Public health is inextricably linked to place. Environmental conditions such as contaminated water, unsafe food, and polluted air are as important as culture, community, and landscape in characterizing a place and determining the health outcomes of the people who live there. In some places, the state of the environment is a consequence of historical activities related to natural resources and cultural practices. In others, political decisions to achieve short-term economic objectives are made with little consideration of long-term public health consequences.

Medical law is now a distinct and important legal subject. The rights and duties of the medical profession and the increasing human rights demands of patients ensures medical law continues to be one of the most dynamic and challenging subjects for study and debate. Since the publication of the first edition of this book, medical law has had to confront a series of cases concerning one of the most intractable issues of our time, the termination of patients' lives in distressing conditions. Since the momentous House of Lords' decision in the case of Anthony Bland, a victim of the Hillsborough Stadium disaster, the medical law courts have had to react to changes in medical technology which can increase a patient's life-span whilst inspiring strong ethical dilemmas. Medical research has recently pioneered the technology to clone the human species as well as transplant organs from animals to humans. These are just a sample of current matters considered in the second edition of Textbook on Medical Law, which remains both a description and an evaluation of the law as it stands and is an aid to understanding the core principles which guide the future development of that law.

All professionals now require a working knowledge of the law relating to their subject. This text offers practical guidance specifically for the doctor, nurse, manager or lawyer faced with legal difficulties arising out of a medical emergency. The first part of the book offers guidance, with examples, for those "on the spot" in difficult situations, whilst the second part consists of a condensed but authoritative summary of the various legal topics comprising emergency medicine law. Written in plain language, it makes several complex and difficult areas of the law accessible to the legal layman, yet it does not avoid more complicated issues and is fully referenced so that the truth of each statement can be validated.

Good record keeping is essential in medicine, a point often stressed by the defence organizations. A & E records are frequently very bad - which may cause medicological problems as well as impairing effective patient care. The reason is inexperience. This book explains what it is important to record (and why) and gives examples.

Good records are essential in A & E. This book explains the reasons for keeping good records and describes how A & E records should be kept, both in general terms nad emphasizing the essential information to be recorded with different mechanisms of injury and in different anatomical sites. Some performas for collecting information on examination, especially orthopaedic and neurological examination, but none which specifically covers record-keeping or even discusses it other than to stress its importance. There are pamphlets for medical students often provided by individual medical schools, but these just cover general medicine and surgery.

The written report is central to the practice of psychiatry in legal settings. It is required of mental health professionals acting as expert witnesses in criminal cases, civil litigation situations, child custody proceedings and risk assessments. This book provides a theoretical background to psychiatric writing for the law and a practical guide to the preparation of the report. The first section addresses practical and ethical concerns, including the conduct of the forensic psychiatric evaluation, conflicts of interest, record keeping and confidentiality. The second section contains practical and detailed advice on preparing various types of report, including reports for use in criminal and civil litigation, civil commitment hearings and child custody proceedings. A final section covers special issues arising during report preparation including the use of psychological tests and the detection of malingering. This is an essential guide for anyone required to write a psychiatric report.