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Books > Medicine > General issues > Medicolegal issues
Introduces key concepts and debates in health humanities and the
health professions. Keywords for Health Humanities provides a rich,
interdisciplinary vocabulary for the burgeoning field of health
humanities and, more broadly, for the study of medicine and health.
Sixty-five entries by leading international scholars examine
current practices, ideas, histories, and debates around health and
illness, revealing the social, cultural, and political factors that
structure health conditions and shape health outcomes. Presenting
possibilities for health justice and social change, this volume
exposes readers—from curious beginners to cultural analysts, from
medical students to health care practitioners of all fields—to
lively debates about the complexities of health and illness and
their ethical and political implications. A study of the vocabulary
that comprises and shapes a broad understanding of health and the
practices of healthcare, Keywords for Health Humanities guides
readers toward ways to communicate accurately and effectively while
engaging in creative analytical thinking about health and
healthcare in an increasingly complex world—one in which
seemingly straightforward beliefs and decisions about individual
and communal health represent increasingly contested terrain.
Clinical decisions in modern medical practice are increasingly
influenced by ethical and legal issues, but few doctors have been
formally trained in medical law and ethics, and are unsure of
potential sources of accessible information, which leaves them
exposed to public criticism and the threat of legal action.
Perioperative medicine and critical care are, by their very nature,
subjects in which issues of autonomy, dignity, consent,
confidentiality, medical research, life and death decision making,
and the rationing of health care resources are ever-present. This
book provides a straightforward but comprehensive one-stop
reference and should be essential reading for all medical and
allied health care professionals who encounter ethicolegal problems
during their management of patients.
This well-researched and highly critical examination of the state
of our mental health system by the industry's most relentless
critic presents a new and controversial explanation as to why--in
spite of spending $147 billion annually--140,000 seriously mentally
ill are homeless, 390,000 are incarcerated, and even educated,
tenacious, and caring people can't get treatment for their mentally
ill loved ones. DJ Jaffe blames the mental health industry and the
government for shunning the 10 million adults who are the most
seriously mentally ill--mainly those who suffer from schizophrenia
and severe bipolar disorder--and, instead, working to improve
"mental wellness" in 43 million others, many of whom are barely
symptomatic. Using industry and government documents, scientific
journals, and anecdotes from his thirty years of advocacy, Jaffe
documents the insane consequences of these industry-driven
policies: psychiatric hospitals for the seriously ill are still
being closed; involuntary commitment criteria are being narrowed to
the point where laws now require violence rather than prevent it;
the public is endangered; and the mentally ill and their families
are forced to suffer. Insane Consequences proposes smart,
compassionate, affordable, and sweeping reforms designed to send
the most seriously ill to the head of the line for services rather
than to jails, shelters, prisons, and morgues. It lays out a road
map to spend less on mental "health" and more on mental
"illness"--replace mission creep with mission control and return
the mental health system to a focus on the most seriously ill. It
is not money that is lacking; it's leadership. This book is a
must-read for anyone who works in the mental health industry or
cares about the mentally ill, violence, homelessness,
incarceration, or public policy.
The work draws together a rich tapestry of material across many
different disciplines, covering the crucial relationship between
medicine and law from the early apothecaries to the modern-day
general practitioner. It presents an invaluable overview of the
subject and offers vital background reading to anyone interested in
medico-legal medicine, as well as providing a springboard for
students of medicine and law interested in researching the field
through its remarkable diversity of reference resources.
In Our Veterans, Suzanne Gordon, Steve Early, and Jasper Craven
explore the physical, emotional, social, economic, and
psychological impact of military service and the problems that
veterans face when they return to civilian life. The authors
critically examine the role of advocacy organizations,
philanthropies, corporations, and politicians who purport to be
"pro-veteran." They describe the ongoing debate about the cost,
quality, and effectiveness of healthcare provided or outsourced by
the Department of Veterans Affairs (VA). They also examine
generational divisions and political tensions among veterans, as
revealed in the tumultuous events of 2020, from Black Lives Matter
protests to the Trump-Biden presidential contest. Frank and
revealing, Our Veterans proposes a new agenda for veterans affairs
linking service provision to veterans to the quest for broader
social programs benefiting all Americans.
This book argues against the legalisation of voluntary euthanasia
and/or physician-assisted suicide on the ground that, even if they
were ethically defensible in certain 'hard cases', neither could be
effectively controlled by law. It maintains that the experience of
legalisation in the Netherlands, Belgium and Oregon lends support
to the two 'slippery slope' arguments against legalisation, the
'empirical' and the 'logical'. The empirical argument challenges
the feasibility of drafting and enforcing adequate safeguards
against abuse and mistake; the logical argument shows that
acceptance of the case for euthanasia in the case of suffering
patients who request it logically involves acceptance of euthanasia
for suffering patients who are unable to request it, such as
infants and those with advanced dementia.
Mark Graber looks at the history of abortion law in action to argue
that the only defensible, constitutional approach to the issue is
to afford all women equal choice - abortion should remain legal or
bans should be strictly enforced. Steering away from metaphysical
critiques of privacy, Graber compares the philosophical,
constitutional, and democratic merits of the two systems of
abortion regulation witnessed in the twentieth-century: pre-Roe v.
Wade statutory prohibitions on abortion and Roe's ban on
significant state interference with the market for safe abortion
services. He demonstrates that before Roe, pro-life measures were
selectively and erratically administered, thereby subverting our
constitutional commitment to equal justice. Claiming that these
measures would be similarly administered if reinstated, the author
seeks to increase support for keeping abortion legal, even among
those who have reservations about its morality. Abortion should
remain legal, Graber argues, because statutory bans on abortion
have a history of being enforced in ways that intentionally
discriminate against poor persons and persons of color. In the
years before Roe, the same law enforcement officials who routinely
ignored and sometimes assisted those physicians seeking to
terminate pregnancies for their private patients too often
prevented competent abortionists from offering the same services to
the general public. This double standard violated the fundamental
human and constitutional right of equal justice under law, a right
that has powerful roots in the American political tradition and
that remains a major concern of the equal protection clause of the
Fourteenth Amendment.
The upheavals of the NHS reforms have caused a great deal of stress
and uncertainty in primary care, and professional development and
support for general practitioners needs to take account of this.
This book offers a group supervision model which can be used to
develop the core competencies needed for GPs to make the new
primary care organisations work. The book analyses how primary care
professionals have dealt with the various reforms of the past
decade, and picks apart the paralysing culture of politeness,
conflict avoidance and rivalry for power, to reveal how at the core
of reform is the struggle for each GP to construct a new
professional identity which integrates medicine, management and
politics.It proposes ways GPs can benefit from these experiences to
become equipped with the necessary competencies to be active
members or dynamic leaders in the new primary care organisations.
The doctor-patient relationship is no longer one-to-one, but
located within a group matrix, in the same way that a GP is now
required to work within a group framework. This book enables GPs to
develop the essential group skills they now need, and on which the
success of the healthcare reforms ultimately depends. 'A
challenging approach to understanding and supporting the
individuals who make up the primary care workforce. Gerhard Wilke
has drawn on his experiences to identify the reasons behind the
'dis-ease' felt by many practitioners, and to suggest models for
improving their morale. This book will be of interest to
practitioners working through the challenges of continuing 'top
down' reorganisation of the NHS and responding to the
reconfiguration of general practice partnerships into PCGs and
PCTs.'
As medical litigation continues to increase, the best defence for
doctors is to be aware of, and avoid, medical errors. This book
focuses on the key legal issues including medical documentation,
which reduce risk and liability when handled correctly. It contains
chapters on difficult patients and special issues for emergency
physicians. The case-based format demonstrates clinical relevance
and useful examples are drawn from office, hospital and community
settings. This book is the companion volume to Learning from
Medical Errors: Clinical Problems which focuses on the most common
clinical situations resulting in malpractice litigation. Learning
from Medical Errors: Legal Issues is vital reading for all doctors,
medical lecturers and teachers and medical lawyers.
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.
As a society, we have learned to value diversity. But can some
strategies to achieve diversity mask deeper problems, ones that
might require a different approach and different solutions? With
"Inclusion," Steven Epstein argues that in the field of medical
research, the answer is an emphatic yes.
Formal concern with diversity in American medical research, Epstein
shows, is a fairly recent phenomenon. Until the mid-1980s, few paid
close attention to who was included in research subject pools. Not
uncommonly, scientists studied groups of mostly white, middle-aged
men--and assumed that conclusions drawn from studying them would
apply to the rest of the population. But struggles involving
advocacy groups, experts, and Congress led to reforms that forced
researchers and pharmaceutical companies to diversify the
population from which they drew for clinical research. That change
has gone hand in hand with bold assertions that group differences
in society are encoded in our biology--for example, that there are
important biological differences in the ways that people of
different races and sexes respond to drugs and other treatments.
While the prominence of these inclusive practices has offered hope
to traditionally underserved groups, Epstein argues forcefully that
it has drawn attention away from the tremendous inequalities in
health that are rooted not in biology but in society. There is, for
instance, a direct relationship between social class and health
status--and Epstein believes that a focus on bodily differences can
obscure the importance of this factor. Only when connected to a
broad-based effort to address health disparities, Epstein explains,
can a medical policy of inclusionachieve its intended effects.
A fascinating history, powerful analysis, and call to action,
"Inclusion" will be essential reading for medical professionals,
policymakers, and any concerned citizen.
A trenchant analysis of the dark side of regulatory life-making
today In their seemingly relentless pursuit of life, do
contemporary U.S. "biocultures"-where biomedicine extends beyond
the formal institutions of the clinic, hospital, and lab to
everyday cultural practices-also engage in a deadly endeavor?
Challenging us to question their implications, Deadly Biocultures
shows that efforts to "make live" are accompanied by the twin
operation of "let die": they validate and enhance lives seen as
economically viable, self-sustaining, productive, and oriented
toward the future and optimism while reinforcing inequitable
distributions of life based on race, class, gender, and
dis/ability. Affirming life can obscure death, create deadly
conditions, and even kill. Deadly Biocultures examines the
affirmation to hope, target, thrive, secure, and green in the
respective biocultures of cancer, race-based health, fatness,
aging, and the afterlife. Its chapters focus on specific practices,
technologies, or techniques that ostensibly affirm life and suggest
life's inextricable links to capital but that also engender a
politics of death and erasure. The authors ultimately ask: what
alternative social forms and individual practices might be mapped
onto or intersect with biomedicine for more equitable biofutures?
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
On any given day in the emergency department, the chance of
confronting a medical-legal dilemma is significant. Emergency
medicine and critical care practitioners may have to deal with
malpractice claims, informed consent, protection of minors,
resuscitation, operational issues and legal compliance requirements
frequently. Substantial knowledge of the law as it pertains to
their emergency care and acute care practice is essential. Legal
Issues in Emergency Medicine is an invaluable resource for medical
practitioners, legal practitioners and administrators in practice
and in training. The book covers key topics that have direct
relevance to day to day acute patient care practice. Each topic
includes a clinical vignette, followed by a review of the legal
controversy, current medical scientific evidence, case law and
preventative solutions to the dilemma. This approach allows
practitioner exposure to a wide variety of medical-legal problems,
allowing a pre-emptive, informed approach to problem solving.
For decades, manufacturers from around the world relied on asbestos
from the town of Asbestos, Quebec, to produce fire-retardant
products. Then, over time, people learned about the mineral's
devastating effects on human health. Dependent on this deadly
industry for their community's survival, the residents of Asbestos
developed a unique, place-based understanding of their local
environment; the risks they faced living next to the giant opencast
mine; and their place within the global resource trade. This book
unearths the local-global tensions that defined Asbestos's proud
and painful history to reveal the challenges similar resource
communities have faced - and continue to face today.
Preaching Prevention examines the controversial U.S. President's
Emergency Plan for AIDS Relief (PEPFAR) initiative to "abstain and
be faithful" as a primary prevention strategy in Africa. This
ethnography of the born-again Christians who led the new anti-AIDS
push in Uganda provides insight into both what it means for foreign
governments to "export" approaches to care and treatment and the
ways communities respond to and repurpose such projects. By
examining born-again Christians' support of Uganda's controversial
2009 Anti-Homosexuality Bill, the book's final chapter explores the
enduring tensions surrounding the message of personal
accountability heralded by U.S. policy makers. Preaching Prevention
is the first to examine the cultural reception of PEPFAR in Africa.
Lydia Boyd asks, What are the consequences when individual
responsibility and autonomy are valorized in public health
initiatives and those values are at odds with the existing cultural
context? Her book investigates the cultures of the U.S. and Ugandan
evangelical communities and how the flow of U.S.-directed monies
influenced Ugandan discourses about sexuality and personal agency.
It is a pioneering examination of a global health policy whose
legacies are still unfolding.
Malaria is an infectious disease like no other: it is a dynamic
force of nature and Africa’s most deadly and debilitating malady.
James C. McCann tells the story of malaria in human, narrative
terms and explains the history and ecology of the disease through
the science of landscape change. All malaria is local. Instead of
examining the disease at global or continental scale, McCann
investigates malaria’s adaptation and persistence in a single
region, Ethiopia, over time and at several contrasting sites.
Malaria has evolved along with humankind and has adapted to even
modern-day technological efforts to eradicate it or to control its
movement. Insecticides, such as DDT, drug prophylaxis, development
of experimental vaccines, and even molecular-level genetic
manipulation have proven to be only temporary fixes. The failure of
each stand-alone solution suggests the necessity of a comprehensive
ecological understanding of malaria, its transmission, and its
persistence, one that accepts its complexity and its local dynamism
as fundamental features. The story of this disease in Ethiopia
includes heroes, heroines, witches, spirits—and a very clever
insect—as well as the efforts of scientists in entomology,
agroecology, parasitology, and epidemiology. Ethiopia is an ideal
case for studying the historical human culture of illness, the
dynamism of nature’s disease ecology, and its complexity within
malaria.
In the 1800s, opium and cocaine could be easily obtained to treat a
range of ailments. Drug dependency, when it occurred, was
considered a matter of personal vice. Near the end of the century,
attitudes shifted and access to drugs became more restricted. Dan
Malleck reveals how different forces converged in the early 1900s
to influence lawmakers and set the course for the drug laws that
exist today. As this book shows, social concerns about drug
addiction had less to do with the long pipe and shadowy den than
with lobbying by medical professionals, concern about the morality
and future of the nation, and a burgeoning pharmaceutical industry.
Courts recognize that those who are involved in medico-legal
proceedings have a stake in the outcome of their psychological
assessment, regardless of whether they are high- or low-functioning
individuals. Accounting for the validity of the evaluation in
low-functioning examinees is frequently made more difficult by
impairment; when evaluating testimony from people with intellectual
disability (ID), neuropsychologists and psychologists must
acknowledge the differences between the medico-legal evaluation and
the clinical evaluation. This book provides helpful guidelines for
assessing validity in low-functioning claimants. It charts recent
advances in psychological and neuropsychological assessment
pertaining to civil and criminal proceedings while examining issues
such as validity and motivation, assessments of disability,
criminal and civil capacities, capital cases, Miranda waiver cases,
and others. In disability cases, the Social Security Administration
has had a long-standing policy that prevents neuropsychologists and
psychologists from using validity instruments-yet, using this book,
an accurate and valid assessment can still be obtained. Evaluators
who perform assessments in capital cases will find up-to-date
discussions of the Flynn Effect, measurement of intellectual
functioning, problems associated with the assessment of adaptive
functioning, and the challenge of validity assessment. Miranda
waiver evaluations for those with low IQ are discussed concerning
issues of capacity measurement, including reading and language
analysis for the Miranda advisement in the particular jurisdiction
in question. Testamentary capacity is discussed at length, showing
how understanding of the legal standard is helpful in guiding the
examination. Competency to stand trial, or adjudicative competence,
is the main topic in the area of criminal competencies, with
exploration of the Dusky standard and the various tests used to
evaluate this competence, focusing on individuals with ID.
Mary Seacole: The Making of the Myth is the first book to challenge
the popular misconceptions that surround Mary Seacole s iconic
status as a pioneer nurse and battlefield heroine, intended, by
some, to replace Florence Nightingale in those roles. McDonald
masterfully disentangles reality from the myths, both those that
exaggerate Seacole s work and ignore or denigrate Nightingale s.
Drawing on the considerable primary sources available on both
women, including letters and journal notes by officers, medical
doctors and other observers during the Crimean War, as well as
Seacole s own memoir, McDonald debunks claims that Seacole was the
real heroine of the Crimean War and a pioneer of healthcare. Her
book supports the recognition of Seacole for her life and work, but
not as the decorated battlefield heroine as she is typically
portrayed today."
The primary aim of this book is to provide clear and concise
explanations about all aspects of the medico-legal process for
surgeons, other doctors and lawyers. A wide range of topics is
covered including: how the medico-legal arena is changing; the
legal principles involved; how to avoid medico-legal problems;
resolving complaints out of court; the surgeon as defendant; the
surgeon as expert; the GMC and the Coroner.
Daniel Callahan---whose cofounding of The Hastings Center in 1969
was one of the most important milestones in the history of
bioethics--has written on an uncommonly wide range of issues over a
long career. They have moved back and forth between clinical care
of individual patients and the ethical problems of health care
research and delivery. Through his many writings, four core
problems have recurred in all of his work, and influence each of
the others. What is health and how has its understanding been
shaped by medical progress and the culture of medicine and society?
What is progress, a deep value in modern health care and how should
we judge it? What kinds of technological innovations that come out
of the drive for progress are really good for us-and what do we do
when there is a clash between individual good and social good in
the use of expensive technologies, a problem now evident in the
unsustainable high costs of health care? How should our
understanding of the place of an inevitable death in all our lives,
and its place in medicine, help us to better think of the goals of
medicine and the goals of our life in seeking a good death? Those
four questions have been with bioethics from its beginning and will
remain with it for the indefinite future. They are the roots of
bioethics.
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