George P. Smith's "Palliative Care and End-of-Life Decisions" completes a Bioethics-Health Care epistemology begun in 1989, which addresses the specific issue of managing palliative care at the end-stage of life. Smith argues forcefully that in order to palliate the whole person (encompassing physical and psychological states), an ethic of adjusted care requires recognition of a fundamental right to avoid cruel and unusual suffering from terminal illness. Specifically, this book urges wider consideration and use of terminal sedation as efficacious medical care and as a reasonable procedure in order to safeguard a 'right' to a dignified death. The principle of medical futility is seen as a proper construct for implementing this process.
The state legislative responses of California, Vermont, and Washington in enacting Death with Dignity legislation - allowing those with end-stage terminal illness to receive pharmacological assistance in ending their own lives - is held by Smith to be not only commendable, but the proper response for enlightened state action.

whether the patient is suffering? Should the ability to think and reason be considered as the most important factor? For instance, should a patient with Amyotrophic lateral sclerosis (ALS) who is mentally alert yet unable to move from the neck down be allowed to refuse medical treatment; and, if so, at what point in her treatment should one consider her life no longer worth living? Is there a difference between not inserting a respirator into a patient who is unable to breathe and not inserting a feeding tube into a patient who is unable to eat? In other words, where does one draw the line between a life worth living and one that is beyond hope, and what criteria should be used? Several of my cases address this issue. 2. What are the religious influences that affect the decision-making process? Israelis all seem to agree that they are a "Jewish state" and that their Jewishness is extremely important to their collective identity; however, they have a difficult time defining what this means. There is a great deal of ambivalence, especially among the less religious, as to what role religion should be allowed to play in their lives. Many resent the control that the religious have over their lives; yet, they also feel that it is beneficial and should play some role in affecting the morals of the country.

This book offers the first ever book-length treatment of the topic of transitioning from adolescence to adulthood with autism and the attendant ethical, legal and social issues for the individual as well as caregivers and professionals. It features experts in a variety of areas (law, bioethics, philosophy, pediatrics, neurology, medicine, psychology, special education, social work, employment, civic participation, social media) who provide commentary on these areas and the relevant ethical/legal/social challenges young autistic adults face in these different areas. This is an indispensable read for educators, therapists, and other professionals who work in transition with young autistic adults.

The genie is out of the bottle. A whole new world of genetics research is underway with its exciting potential for a better understanding of heredity and genetically inherited disease, with opportunities for prevention, management and cure. But the current explosion of human genetic information has the potential for abuse also, for damage to rights, privacy and fair treatment for individuals and vulnerable groups. This book brings us up to date with important contributions from the authoritative "Encyclopaedia of the Human Genome" on the urgent social, legal and ethical aspects of the Human Genome enterprise, accessibly written and introduced for the undergraduate, postgraduate and general reader.

Whether you are a doctor, nurse, student, or otherwise interested reader, the stories here will help you to understand how medicine works and how medical error can happen. The lifelong process of learning that is a medical career requires healthcare workers to find a way to live through these setbacks without either becoming too adept at putting them 'down to experience' and forgetting their social significance, or 'burning out' and leaving medicine. The stories and discussions here present detailed narratives, analyses, and reflections on medical errors through actions, omissions, and misunderstandings. They offer a uniquely honest perspective on the social implications of medical error and will enable healthcare workers at all levels to analyse and learn from it without losing sight of its impact.

Stem cell therapy is ushering in a new era of medicine in which we will be able to repair human organs and tissue at their most fundamental level- that of the cell. The power of stem cells to regenerate cells of specific types, such as heart, liver, and muscle, is unique and extraordinary. In 1998 researchers learned how to isolate and culture embryonic stem cells, which are only obtainable through the destruction of human embryos. An ethical debate has raged since then about the ethics of this research, usually pitting pro-life advocates vs. those who see the great promise of curing some of humanity's most persistent diseases.
In this book Cynthia Cohen agrees that we need to work toward a consensus on the issue of how we treat the embryo. But more broadly she claims that we need to transform and expand the ethical and policy debates on stem cells (adult and embryonic). This important and much-needed book is both a primer and a means by which to understand the implications of this research. Cohen starts by introducing readers to the basic science of stem cell research, and the core ethical questions surrounding the embryo. She then expands the scope of the debate, looking at the moral questions that will crop up down the line, such as e.g. the use of therapeutic cloning to overcome the body's immune resistance to stem cells; the ethics of using animals to test stem cells; how to disentangle federal and state legal and regulatory policies in pursuit of a coherent national policy; and how to develop an ethics of stem cell research that will accommodate new techniques and controversies that we cannot even foresee now. Her final chapter develops a concrete plan for an oversight systemfor this research.
This is the first single-author book that addresses the many broad ethical and legal issues related to stem cells, and it should be of great interest to bioethicists, researchers, clinicians, philosophers, theologians, lawyers, policy makers, and general readers.

The author of the bestselling Just Medicine reveals how racial inequality undermines public health and how we can change it With the rise of the Movement for Black Lives and the feverish calls for Medicare for All, the public spotlight on racial inequality and access to healthcare has never been brighter. The rise of COVID-19 and its disproportionate effects on people of color has especially made clear how the color of one's skin is directly related to the quality of care (or lack thereof) a person receives, and the disastrous health outcomes Americans suffer as a result of racism and an unjust healthcare system. Timely and accessible, Just Health examines how deep structural racism embedded in the fabric of American society leads to worse health outcomes and lower life expectancy for people of color. By presenting evidence of discrimination in housing, education, employment, and the criminal justice system, Dayna Bowen Matthew shows how racial inequality pervades American society and the multitude of ways that this undermines the health of minority populations. The author provides a clear path forward for overcoming these massive barriers to health and ensuring that everyone has an equal opportunity to be healthy. She encourages health providers to take a leading role in the fight to dismantle the structural inequities their patients face. A compelling and essential read, Just Health helps us to understand how racial inequality damages the health of our minority communities and explains what we can do to fight back.

Is it lawful for a doctor to give a patient life-shortening pain relief? Can treatment be lawfully provided to a child under 16 on the basis of her consent alone? Is it lawful to remove food and water provided by tube to a patient in a vegetative state? Is a woman's refusal of a caesarean section recommended for the benefit of the fetus legally decisive? These questions were central to the four focal cases revisited in this book. This book revisits nine landmark cases. For each, a new leading judgment is attributed to an imagined judge, Athena, who operates within the constraints of the legal system of England and Wales. Her judgments accord with an innovative legal theory, referred to as 'modified law as integrity', and are linked as a line of precedent. The result is a re-spinning of extant judicial threads into a web of legal principles with a greater claim to coherence and defensibility than those in the original cases. The book will be of great interest to scholars and students of medical law, criminal law, bioethics, legal theory and moral philosophy.

Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice.
Law and Bioethics, the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and bioethics. It includes studies examining the regulation of stem cell research, human rights and bioethics, the regulation of reproductive technologies, and distributive justice in healthcare and pandemic planning.

*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

This book examines the idea of a fundamental entitlement to health and healthcare from a human rights perspective. The volume is based on a particular conceptual reasoning that balances critical thinking and pragmatism in the context of a universal right to health. Thus, the primary focus of the book is the relationship or contrast between rights-based discourse/jurisprudential arguments and real-life healthcare contexts. The work sets out the constraints that are imposed on a universal right to health by practical realities such as economic hardship in countries, lack of appropriate governance, and lack of support for the implementation of this right through appropriate resource allocation. It queries the degree to which the existence of this legally enshrined right and its application in instruments such as the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR) can be more than an ephemeral aspiration but can, actually, sustain, promote, and instil good practice. It further asks if social reality and the inequalities that present themselves therein impede the implementation of laudable human rights, particularly within marginalised communities and cadres of people. It deliberates on what states and global bodies do, or could do, in practical terms to ensure that such rights are moved beyond the aspirational and become attainable and implementable. Divided into three parts, the first analyses the notion of a universal inalienable right to health(care) from jurisprudential, anthropological, legal, and ethical perspectives. The second part considers the translation of international human rights norms into specific jurisdictional healthcare contexts. With a global perspective it includes countries with very different legal, economic, and social contexts. Finally, the third part summarises the lessons learnt and provides a pathway for future action. The book will be an invaluable resource for students, academics, and policymakers working in the areas of health law and policy, and international human rights law.

This book shows how the legal systems of individual European countries protect patient autonomy. In particular, it explains the role of criminal law, that is, what criminal law protection of patient autonomy looks like on a European scale in both legal and social dimensions. Despite EU integration processes, the work illustrates that the legal orders of individual European countries are far from uniform in this area. The concept of patient autonomy here is generally in the context of the patient's freedom from unwanted medical activities: the so-called negative freedom. At the same time, in countries where there are no regulations clearly criminalising the performance of a therapeutic activity without the patient's consent, the so-called positive freedom is also discussed. The book will be a valuable reference work for academics, researchers and policy-makers working in Health Law, Medical Ethics, Applied Ethics and Criminal Law.

This book provides a practical guide for all those working in or with Medical Examiner Services in England and Wales. It is an adjunct to the e-learning and face-to-face training required to fulfil the Medical Examiner and Medical Examiner Officer roles. Medical Examiner Services also work closely with a wide range of stakeholders including bereavement and mortuary teams, Coroners and their Officers, Registrars, Funeral Directors and those working in clinical governance and patient safety. This book provides an essential overview of all aspects of the Medical Examiner system for anyone working in these areas, or in any aspect of the support and management of the deceased and bereaved. A concise guide including the knowledge base required to develop and run a Medical Examiner Service Content is completely aligned with required training Written by those with direct experience of establishing and working with Medical Examiner Services Relevant to a wide range of stakeholders who work with patients and the bereaved

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.

Forensic science is in crisis and at a cross-roads. Movies and television dramas depict forensic heroes with high-tech tools and dazzling intellects who-inside an hour, notwithstanding commercials-piece together past-event puzzles from crime scenes and autopsies. Likewise, Sherlock Holmes-the iconic fictional detective, and the invention of forensic doctor Sir Arthur Conan Doyle-is held up as a paragon of forensic and scientific inspiration-does not "reason forward" as most people do, but "reasons backwards." Put more plainly, rather than learning the train of events and seeing whether the resultant clues match those events, Holmes determines what happened in the past by looking at the clues. Impressive and infallible as this technique appears to be-it must be recognized that infallibility lies only in works of fiction. Reasoning backward does not work in real life: reality is far less tidy. In courtrooms everywhere, innocent people pay the price of life imitating art, of science following detective fiction. In particular, this book looks at the long and disastrous shadow cast by that icon of deductive reasoning, Sherlock Holmes. In The Sherlock Effect, author Dr. Thomas W. Young shows why this Sherlock-Holmes-style reasoning does not work and, furthermore, how it can-and has led-to wrongful convictions. Dr. Alan Moritz, one of the early pioneers of forensic pathology in the United States, warned his colleagues in the 1950's about making the Sherlock Holmes error. Little did Moritz realize how widespread the problem would eventually become, involving physicians in all other specialties of medicine and not just forensic pathologists. Dr. Young traces back how this situation evolved, looking back over the history of forensic medicine, revealing the chilling degree to which forensic experts fail us every day. While Dr. Young did not want to be the one to write this book, he has felt compelled in the interest of science and truth. This book is measured, well-reasoned, accessible, insightful, and-above all-compelling. As such, it is a must-read treatise for forensic doctors, forensic practitioners and students, judges, lawyers adjudicating cases in court, and anyone with an interest in forensic science.

This book examines the regulatory framework for untested and unapproved uses (off-label uses) of medicines in the EU, UK, and USA. Before reaching patients, medicines are extensively tested by manufacturers and approved by regulators to minimise the risk of adverse reactions. However, physicians can prescribe pharmaceuticals for off-label uses, widespread in paediatrics, oncology, rare diseases and, more recently, in treatment for Covid-19. While off-label uses may offer hope, they may also expose patients to risks and uncertainties. Clarification is therefore needed to improve the protection of patients' rights while enhancing legal certainty for health actors. To this end, this work clarifies the regulatory mechanisms and litigation trends concerning off-licence prescriptions in these jurisdictions. It assesses how traditional, prevention-driven regulatory and civil liability rules are being adapted to tackle potential risks and scientific uncertainty. The book outlines the applicable regulations, as well as considering Brexit's impact on off-label policies in the UK, and EU and national off-label policies in the context of the fight against the Covid-19 pandemic. It also explores under what conditions physicians, manufacturers, or regulators must compensate patients injured by untested prescriptions. The book will be an essential resource for researchers, academics and policy-makers working in the areas of medical law and ethics, public health law, pharmaceutical law and private comparative law.

This volume explores different models of regulating the use of restrictive practices in health care and disability settings. The authors examine the legislation, policies, inspection, enforcement and accreditation of the use of practices such as physical, mechanical and chemical restraint. They also explore the importance of factors such as organisational culture and staff training to the effective implementation of regulatory regimes. In doing so, the collection provides a solid evidence base for both the development and implementation of effective approaches to restrictive practices that focus on their reduction and, ultimately, their elimination across health care sectors. Divided into five parts, the volume covers new ground in multiple respects. First, it addresses the use of restrictive practices across mental health, disability and aged care settings, creating opportunities for new insights and interdisciplinary conversations across traditionally siloed sectors. Second, it includes contributions from research academics, clinicians, regulators and mental health consumers, offering a rich and comprehensive picture of existing regulatory regimes and options for designing and implementing regulatory approaches that address the failings of current systems. Finally, it incorporates comparative perspectives from Australia, New Zealand, the Netherlands, Germany and England. The book is an invaluable resource for regulators, policymakers, lawyers, clinicians, consumer advocates and academics grappling with the use and regulation of restrictive practices in mental health, disability and aged care contexts.

Opening with a detailed account of the historical development of Irish pharmacy and medicines law, this practical textbook covers all aspects of current pharmacy and medicines law in Ireland, including the landmark Pharmacy Act of 2007. The following topics are also covered: the regulations and rules that accompany the Pharmacy Act 2007; prescription and control of supply of medicines; Misuse of Drugs Acts and Regulations; manufacturing and wholesaling medicines; advertising of medicinal products; veterinary medicines legislation; Poisons Act and Regulations; the pharmacy disciplinary system; liability of pharmacists in negligence and defective products; and sources of Irish law. This useful resource is essential reading for Irish pharmacists in community and hospital pharmacy and the pharmaceutical industry in Ireland, pharmacy students and those coming to practise in Ireland from other countries. It will also be a valuable reference source for lawyers, public servants and anyone else who wants to know more about the regulatory framework for pharmacists and medicinal products in Ireland.

In Medical Tourism & Inequity in India, Kristen Smith explores Indian private hospitals and their role in the global healthcare service supply chain within various religious, social, cultural, historical, and economic contexts. Drawing on critical medical anthropology theories as well as health and human rights perspectives, Smith problematizes the assumed independence between the medical tourism industry, the commodification of the Indian healthcare system, and the local populations facing critical health issues, while highlighting the rapid transformation of healthcare services into merely another global commodity.

In Righting Health Policy: Bioethics, Political Philosophy, and the Normative Justification of Health Law and Policy, D. Robert MacDougall argues that bioethics does not have adequate tools for justifying its normative recommendations for law and policy. Bioethics' tools are mostly theories about what we owe each other. But justifying laws and policies requires more; at a minimum, it requires explaining the basis on which we may control or influence others to do what they are supposed to do, which lies within the realm of political and not moral philosophy. MacDougall develops an interpretation of Kant's moral and political philosophy and uses this account to show the importance of political philosophy for bioethics. He argues that a theory of political legitimacy is necessary for distinguishing between what is morally required and what is legally enforceable. MacDougall also argues that in some cases, an account of political authority is necessary for settling the content of not only our legal rights and duties but also our moral ones. The Kantian account shows why the content of physicians' duties-legal and moral-to inform patients prior to treatment remain indeterminate outside of a state with authority to conclusively settle what counts as valid consent.

This book examines the legal, ethical and regulatory debates surrounding the rise of the cosmetic procedures industry. In the past, cosmetic procedures were often seen as limited to a small number of wealthy older women. Today, such procedures have gone mainstream, partly facilitated by the rise of 'non-invasive' techniques, such as the use of Botox and Dermal Fillers. While still a business dominated by the female consumer, there is also an increasing number of males undertaking cosmetic procedures as social expectations around appearance and ageing are challenged. At the same time, the rapid expansion of this business and the incoherent, diverse approach to its regulation have given rise to concern. It has been seen as a 'Wild West'. If cosmetic procedures go wrong, such procedures give rise to real risks of harm. This book examines the historical backdrop, current practice and risks associated with cosmetic procedures. It discusses the ethical and regulatory challenges for this area. It also examines the current legal frameworks concerning people, practitioners and products in the UK. The book also draws lessons from regulatory approaches in other jurisdictions with particular reference to the United States, Brazil and France. It then sets out a legal and regulatory framework that might better protect and empower the cosmetic consumer, now and in the future. The book is likely to be of particular interest to those working in the areas of health and medical law, socio-legal studies and political science.

Whether you are a doctor, nurse, student, or otherwise interested reader, the stories here will help you to understand how medicine works and how medical error can happen. The lifelong process of learning that is a medical career requires healthcare workers to find a way to live through these setbacks without either becoming too adept at putting them 'down to experience' and forgetting their social significance, or 'burning out' and leaving medicine. The stories and discussions here present detailed narratives, analyses, and reflections on medical errors through actions, omissions, and misunderstandings. They offer a uniquely honest perspective on the social implications of medical error and will enable healthcare workers at all levels to analyse and learn from it without losing sight of its impact.

This book delves deeply into modern surrogacy arrangements, responding to both practical and ethical critiques by offering a radically new model for surrogate motherhood. Current practice distinguishes between two models of surrogacy - the altruistic (unpaid) model and the commercial (paid) model, both of which present social, ethical, and conceptual challenges. This book proposes a novel arrangement for surrogate motherhood - the professional model. Inspired by professions, such as nursing, teaching, and social work, the professional model acknowledges the caring motives that surrogate mothers have while at the same time compensating them for their work. Walker and Van Zyl adopt an evidence-based approach to explain that the professional model enables trust between intended parents and surrogates, provides professional support at every stage of the relationship, affords legal protections against exploitation and commodification, and recognizes the rights and interests of all parties, including the intended baby. The model applies to both transnational and domestic surrogacy and will be of great interest to policy makers, social researchers, bioethicists, legal scholars, fertility professionals, clinicians, and graduate students in psychology, philosophy, medicine and ethics.

This book presents a broad overview of the many intersections between health and the environment that lie at the basis of the most crucial environmental health issues, focusing on the responses provided by international and EU law. Consistent with the One Health approach and moving from the relevant international and EU legal frameworks, the book addresses some of the most important issues of environmental health including the traditional, such as pollution of air, water and soil and related food safety issues, as well as new and emerging challenges, like those linked to climate change, antimicrobial resistance and electromagnetic fields. Applying an intersectoral and interdisciplinary approach, it also investigates other branches of international and EU law including human rights law, investment law, trade law, energy law and disaster law. The work also discusses ethics and intergenerational equity. Ultimately, the book assesses the degree of effectiveness of the international and EU normative framework, and the extent to which the relevant legal instruments contribute to the protection of public health from major environmental hazards. The book will be a valuable resource for students, academics and policy makers working in the areas of Environmental Health law, Global Health law, International law and EU law.

The first comprehensive Cannabis Handbook situated in an era when prohibition of marijuana has become more common in many US states and countries. Broad coverage The first comprehensive Cannabis Handbook situated in an era when prohibition of marijuana has become more common in many US states and countries. Broad coverage of the major topics in the field, especially those related to cannabis and various aspects of society. While many perspectives are represented, contributions include critical perspectives on legalization--pointing to issues that must be successfully managed by governments and other institutions. of the major topics in the field, especially those related to cannabis and various aspects of society. While many perspectives are represented, contributions include critical perspectives on legalization--pointing to issues that must be successfully managed by governments and other institutions.