The right to health care is changing over time and its content varies from country to country. Considering the right to health care on a singular plane fails to take account of the many differing applicable health care perspectives and their ramifications. Instead, the right to health care must be considered as a multidimensional concept. An expert meeting hosted by the Department of Health Policy and Management, Erasmus University, convened in Rotterdam, The Netherlands, in April of 1998 addressed the meaning and consequences of the right to health care in changing health care systems. Commissioned for this expert meeting, the papers published in this text address many differing perspectives on the right to health care, including international and national views, the role of various legal principles and the function of courts, and the organizational dimension. Awareness of these multiple perspectives and their ramifications is important in moving forward amidst the changing climate of health care rights. For example, reviewing knowledge and exchanging experiences from other countries helps enhance understanding of the meaning behind health care principles and provides an avenue for shared advice amongst those countries with commonalties in their systems. By offering this diverse range of viewpoints and coverage, the book provides a resource for anyone interested in health care rights.

Reading this book is like sitting down with Dr. David Satcher to hear stories of leadership and lessons learned from his lifetime commitment to health equity. Dr. David Satcher is one of the most widely known and well-regarded physicians of our time. A former four-star admiral in the US Public Health Service Commissioned Corps, he served as the assistant secretary for health, the surgeon general of the United States, and the director of the Centers for Disease Control and Prevention before founding the eponymous Satcher Health Leadership Institute at Morehouse School of Medicine. At the core of his impact on public health, he is also a lifelong leader for civil rights and health equity. Born black and poor in the deep South, Dr. Satcher was a victim of an unjust health care system: he almost died of whooping cough at the age of two because Jim Crow laws meant that his black doctor could not admit him to a hospital. That experience was the first of many that shaped him as a leader and a healer deeply attuned to social inequity-someone who was determined to make a positive difference. med In My Quest for Health Equity, Dr. Satcher takes an inspiring and instructive look inside his fifty-year career to shed light on the challenge and burden of leadership. Explaining that he has thought of each leadership role-whether in academia, community, or government-as an opportunity to move the needle toward health equity, he shares the hard-won lessons he has learned over a lifetime in the medical field. Drawing on his early memories, medical school days, experience in the civil rights movement, and professional highs and lows, Dr. Satcher touches on a number of topics, including * the essential qualities of leadership * leading from science to policy to practice * the importance of clear communication and continual learning * the need for workplace discipline * confronting failure * specific health issues, including the obesity epidemic, reproductive health, and mental health stigma * team approaches to leadership * and much more In this book, readers will discover a template for using leadership roles of all types to eliminate health disparities. My Quest for Health Equity is a vital resource for current and rising leaders.

Students and professional nurses at any level of clinical practice will find this book to be a vital resource on the basic legal concepts and principles of malpractice, liability, and risk management, and their implications for the profession. The book also provides detailed strategies for dealing with these issues. The content is also highly relevant to practitioners in all other health care and legal disciplines that collaborate in the delivery of health care. Issues discussed include the expanding and evolving roles for professional nurses and the concomitant legal accountability and risk for liability, the increasing incidence of nurses named as defendants in malpractice lawsuits, anticipated changes in our health care delivery system, and breakthroughs in science and technology that will present new legal questions. The book also includes material on other important facets of today's nursing practice, including the growing phenomenon of tele-nursing, the essentials of malpractice insurance, and the legal significance of documentation and patients' medical records. It helps the reader identify the nurse at risk for a malpractice suit and the characteristics of the patient likely to sue. The appendices provide information on state laws concerned with access to medical records, a list of useful websites, a list of state boards of nursing, and a glossary of important terms.

Due to the digitization of medical records, more and more health data is readily available. This dynamic has created many opportunities to unlock this information and use it to improve medical practice, and through research and surveillance understand the effectiveness and side effects of drugs and medical devices to ultimately improve the public's health. This data can also be used for commercial purposes such as sales and marketing. However, this newfound utility raises some profound questions about how this data ought to be used and how it will impact personal privacy. Unless we are able to address these privacy issues in a convincing and defensible way, there will be increased breaches of personal privacy. This will provoke regulators to impose new rules limiting the use and disclosure of health data for secondary purposes, patients increasingly to adopt privacy protective behaviours because they no longer trust how their health information is being managed, or healthcare providers to be reluctant to share their patients' data. By adopting responsible data sharing practices, researchers, companies and the general public can gain the benefits and the promise of big data analytics without sacrificing personal privacy or infringing upon law or regulation. Risky Business - Sharing Health Data While Protecting Privacy illustrates how this goal can be achieved. Bringing articles from a diverse collection of health data experts to inform the reader on contemporary policy, legal and technical issues surrounding health information privacy and data sharing. It is a uniquely practical work to inform the reader on how best - and how not to - share health data in the US and Canada.

There is a tension in English law between the idea that the courts might provide a remedy by creating new property rights and the understanding that the judiciary's role is limited to the protection of existing proprietary interests with the power to redistribute property residing in the legislature alone. While there are numerous instances in which the courts intervene to readjust property rights, these are disguised in metaphor and fiction. However, this has meant that the law in this area has developed without open consideration of justifications for redistributing property. The result of this is that there is little coherence in the law of proprietary remedies as a whole and a good deal of it is indefensible. The book examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust in the context of contracts to assign property, vitiated transactions, the profits of wrongdoing and the breakdown of intimate relationships. It contrasts the English treatment of this area of law with developments in other common law jurisdictions where a more dynamic understanding of property has permitted more open acknowledgement of the judicial role in redistributing proprietary rights

The last five years saw a significant return of epidemic infectious disease, culminating in COVID-19. In our new post-COVID-19 world, how do we prevent future illnesses by expanding scientific and vaccine diplomacy and cooperation, especially to combat the problems that humans have brought on ourselves? Modern diseases and viruses have been spurred anew by war and conflict as well as shifting poverty, urbanization, climate change, and a new troubling anti-science/anti-vaccination outlook. From such twenty-first-century forces, we have seen declines in previous global health gains, with sharp increases in vaccine-preventable and neglected diseases on the Arabian Peninsula, in Venezuela, in parts of Africa, and even on the Gulf Coast of the United States. In Preventing the Next Pandemic, international vaccine scientist and tropical disease and coronavirus expert Peter J. Hotez, MD, PhD, argues that we can-and must-rely on vaccine diplomacy to address this new world order in disease and global health. Detailing his years in the lab developing new vaccines, Hotez also recounts his travels around the world to shape vaccine partnerships with people in countries both rich and poor in an attempt to head off major health problems. Building on the legacy of Dr. Albert Sabin, who developed the oral polio vaccine with Soviet scientists at the height of the Cold War, he explains how he is still working to refresh and redirect vaccine diplomacy toward neglected and newly emerging diseases. Hotez reveals how-during his Obama-era tenure as the US Science Envoy for the Middle East and North Africa, which coincided with both the rise in these geopolitical forces and climate change-he witnessed tropical infectious diseases and established vaccine partnerships that may still combat them up close. He explores why, since 2015, we've seen the decline of global cooperation and cohesion, to the detriment of those programs that are meant to benefit the most vulnerable people in the world. Unfortunately, Hotez asserts, these negative global events kick off a never-ending loop. Problems in a country may lead to disease outbreaks, but those outbreaks can lead to further problems-such as the impact of coronavirus on China's society and economy, which has been felt around the globe. Zeroing in on the sociopolitical and environmental factors that drive our most controversial and pressing global health concerns, Hotez proposes historically proven methods to soothe fraught international relations while preparing us for a safer, healthier future. He hammers home the importance of public engagement to communicate the urgency of embracing science during troubled times. Touching on a range of disease, from leishmaniasis, schistosomiasis, and Middle East Respiratory Syndrome (MERS) to COVID-19, Preventing the Next Pandemic has always been a timely goal, but it will be even more important in a COVID and post-COVID world.

This study argues that the decriminalization of sex work in China can contribute to HIV prevention and human rights protection. The argument is supported by six key concepts: the universality of human rights, rights-based approaches to HIV, sex work as work, risk environment for HIV transmission, decriminalization of sex work as a preferred model for HIV prevention, and rights-based responses to HIV and sex work. Three research methods are used, including research methods from law, social science, and public health. Recommendations are provided to reform Chinese law and HIV policy.

The Globalization of Health Care is the first book to offer a comprehensive legal and ethical analysis of the most interesting and broadest reaching development in health care of the last twenty years: its globalization. It ties together the manifestation of this globalization in four related subject areas - medical tourism, medical migration (the physician "brain drain"), telemedicine, and pharmaceutical research and development, and integrates them in a philosophical discussion of issues of justice and equity relating to the globalization of health care.
The time for such an examination is right. Medical tourism and telemedicine are growing multi-billion-dollar industries affecting large numbers of patients. The U.S. heavily depends on foreign-trained doctors to staff its health care system, and nearly forty percent of clinical trials are now run in the developing world, with indications of as much of a 10-fold increase in the past 20 years. NGOs across the world are agitating for increased access to necessary pharmaceuticals in the developing world, claiming that better access to medicine would save millions from early death at a relatively low cost. Coming on the heels of the most expansive reform to U.S. health care in fifty years, this book plots the ways in which this globalization will develop as the reform is implemented.

The Limits of Criminal Law shines light from the outer edges of the criminal law in to better understand its core. From a framework of core principles, different borders are explored to test out where criminal law's normative or performative limits are, in particular, the borders of crime with tort, non-criminal enforcement, medical law, business regulation, administrative sanctions, counter-terrorism and intelligence law.The volume carefully juxtaposes and compares English and German law on each of these borders, drawing out underlying concepts and key comparative lessons. Each country offers insights beyond their own laws. This double perspective sharpens readers' critical understanding of the criminal law, and at the same time produces insights that go beyond the perspective of one legal tradition.The book does not promote a single normative view of the limits of criminal law, but builds a detailed picture of the limits that exist now and why they exist now. This evidence-led approach is particularly important in an ever more interconnected world in which different perceptions of criminal law can lead to profound misunderstandings between countries. The Limits of Criminal Law builds picture of what shapes the criminal law, where those limits come from, and what might motivate legal systems to strain, ignore or strengthen those limits. Some of the most interesting insights come out of the comparison between German systematic approach and doctrinal limits with English law's focus on process and judgment on individual questions.

Why do law reforms spread around the world in waves? In the dominant account of diffusion through technocracy, international networks of elites develop orthodox policy solutions and transplant these across countries without regard for the wishes of ordinary citizens. But this account overlooks a critical factor: in democracies, reforms must win the support of politicians, voters, and interest groups. This book claims that laws spread across countries in very public and politicized ways, and develops a theory of diffusion through democracy. I argue that politicians choose to follow certain international models to win domestic elections, and to persuade skeptical voters that their ideas are not radical, ill-thought-out experiments, but mainstream, tried-and-true solutions. This book shows how international models generated domestic support for health, family, and employment law reforms across rich democracies. Information that international organizations have endorsed certain reforms or that foreign countries have adopted them is valuable to voters. Public opinion experiments show that even Americans respond positively to this information. Case studies of election campaigns and legislative debates demonstrate that politicians with diverse ideologies reference international models strategically, and focus on the few international organizations and countries familiar to voters. Data on policy adoption from many rich democracies document that governments follow international organization templates and imitate the policy choices of countries heavily covered in national media and familiar to voters. Benchmarks from Abroad provides a direct defense to a major criticism international organizations and networks face: that they conflict with domestic democracy. Even presumptively weak international efforts, such as the development of soft law and best practices, can increase voter support for major reforms. Instead, international and European Union negotiations to establish binding legal obligations can be costly and protracted, resulting in "too little, too late. " However, the book also explains how electoral calculations do not favor the spread of successful policies that happen to originate in small and remote states.

"The Law of Emergencies" introduces the American legal system as it interacts with emergency management and public health issues. Hunter engages with and debates some of the most important Constitutional issues of our time, such as the tension between civil liberties and national security. She also shows how the law in this area plays out in the context of real life emergencies where individuals often have to make split-second decisions.
This book covers the major legal principles underlying emergency policy and operations. It analyzes legal authority at the federal, state and local levels, placing the issues in historical context but concentrating on contemporary questions. It includes primary texts, reader-friendly expository explanation, and sample discussion questions. Prior knowledge of the law is not necessary in order to use and understand this book. The contents are organized into 13 substantive chapters plus two additional chapters with problem sets. This makes it especially easy to use for a separate course focused on law.
This book satisfies the need of professionals in a wide array of fields related to emergency management to understand both what the law requires and how to analyze issues for which there is no clear legal answer. It features materials on such critical issues as how to judge the extent of Constitutional authority for government to intervene in the lives and property of American citizens. At the same time, it also captures bread-and-butter issues such as responder liability and disaster relief methods. No other book brings these components together in a logically organized, step by step fashion.
* Features case studies of high-risk scenarios including pandemic flu
* Offers extensive analysis of legal issues from a distinguished scholar, together with charts and text boxes for clarification
* Teaches readers how to think about issues crucial to the life and liberty of US citizens, including the limits of constitutional authority

A comprehensive introduction to the vocabulary and definitions of the terms involved in the health care and bioethics debate. To what lengths will we go to attain the level of perfection we want for our own health? What costs are we willing to pay? What are the rights of the individual to challenge difficult issues? If there is a disagreement, who decides the outcome? These and many other questions are addressed in this unique reference work.

This book explores food traceability in raw materials, additives and packing of the dairy sector and it provides an accessible and succinct overview of the new Extended Traceability (ExTra) software. In this work, the authors present several practical examples of extended food traceability for edible products and food-contact materials in the cheese-making industry. Readers will also discover a summary of the existing legal and regulatory requirements for food traceability in Europe. This book will appeal to a wide readership, from academic researchers to professionals and auditors in industry working in quality control, food and packing traceability, and international regulation.

This new book reviews the legal, ethical, risk management and safety issues facing today's radiological science professional. It discusses theories and their day-to-day application, guiding good decision making. Case studies and scenarios clearly illustrate concepts. Sample forms at the end of the text help readers prepare and draft forms, charts, procedures, and policies.Covers a full range of issues - decision making, malpractice, patients' rights, civil liability, record keeping, communication, education, and much more. Clarifies the importance of risk management and the need for developing a quality safety program to protect the patient, the practitioner, and the facility.Considers the practical applications of the Code of Ethics. Answers key questions about employment law.Presents specific plans for setting up education and evaluation programs. Includes sample forms for assessing competency. Provides an overview of the legal system and how it affects imaging and therapy.Offers two complete chapters that explain what and how to document. Includes sample forms for documentation and consent. Readers can simply review and adapt to their own health care settings.Features contributions by professionals with special expertise in law, risk management and education.

This new book provides a clear and accessible analysis of the various ways in which human reproduction is regulated. A comprehensive exposition of the law relating to birth control,abortion, pregnancy, childbirth, surrogacy and assisted conception is accompanied by an exploration of some of the complex ethical dilemmas that emerge when one of the most intimate areas of human life is subjected to regulatory control. Throughout the book, two principal themes recur. First, particular emphasis is placed upon the special difficulties that arise in regulating new technological intervention in all aspects of the reproductive process. Second, the concept of reproductive autonomy is both interrogated and defended. This book offers a readable and engaging account of the complex relationships between law, technology and reproduction. It will be useful for lecturers and students taking medical law or ethics courses. It should also be of interest to anyone with a more general interest in women's bodies and the law, or with the profound regulatory consequences of new technologies.

Today's international trade regime explicitly rejects cultural perceptions of what is safe to eat, overturning millennia of tradition. The World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) enshrines "science" as the arbiter in resolving disputes involving this vital human need. This mandate, however, is under attack from many quarters. Critics cite environmental and ethical concerns, unpredictably changing technology, taste, food preferences, local culture, adequacy of governmental implementation of WTO standards, and the reliability of scientific opinion. A basic conflict has crystallized: food as culture versus food as commerce. The WTO/SPS approach is increasingly challenged for its balance in favour of economic considerations, and for its visible undermining of unique cultural identities. This book explores the relationship between the SPS Agreement, food traditions, science, and technology. It deliberately confronts those trade experts who refuse to allow other social sciences to influence their economics-based trade theory. The author investigates the local perception of food and food safety from the anthropological and historical points of view, the evolution of food production technologies, and the medicinal, proscriptive (taboo) and security aspects of food that continue to prevail in nearly all cultures today. She succeeds in demonstrating that, no matter how strong the faith in science and economics, it is unwise to flagrantly dismiss the deeply rooted beliefs of billions of people, a huge majority of the world's population. The beef hormones case; the remaining sovereignty related to food safety measures; the increasing significance of "appropriate levels of protection" and "the precautionary principle"; the redefinition of "food hazard" to include production processes as well as food itself; genetically modified seeds and food products; the concept of "risk" in the science-based context of the Codex Alimentarius - these are among the issues and topics covered in depth. The author concludes that, although quick "legal" resolutions of trade disputes about what people should or should not eat might provide a "win" for open trade, support for the entire structure and rationale of the WTO is undermined unless (at the least) some flexibility of interpretation is introduced into the WTO Dispute Resolution System in order to recognize the weight and validity of public opinion.

As nations race to hone contact-tracing efforts, the world's experts consider strategies for maximum transparency and impact. As public health professionals around the world work tirelessly to respond to the COVID-19 pandemic, it is clear that traditional methods of contact tracing need to be augmented in order to help address a public health crisis of unprecedented scope. Innovators worldwide are racing to develop and implement novel public-facing technology solutions, including digital contact tracing technology. These technological products may aid public health surveillance and containment strategies for this pandemic and become part of the larger toolbox for future infectious outbreak prevention and control. As technology evolves in an effort to meet our current moment, Johns Hopkins Project on Ethics and Governance of Digital Contact Tracing Technologies-a rapid research and expert consensus group effort led by Dr. Jeffrey P. Kahn of the Johns Hopkins Berman Institute of Bioethics in collaboration with the university's Center for Health Security-carried out an in-depth analysis of the technology and the issues it raises. Drawing on this analysis, they produced a report that includes detailed recommendations for technology companies, policymakers, institutions, employers, and the public. The project brings together perspectives from bioethics, health security, public health, technology development, engineering, public policy, and law to wrestle with the complex interactions of the many facets of the technology and its applications. This team of experts from Johns Hopkins University and other world-renowned institutions has crafted clear and detailed guidelines to help manage the creation, implementation, and application of digital contact tracing. Digital Contact Tracing for Pandemic Response is the essential resource for this fast-moving crisis. Contributors: Joseph Ali, JD; Anne Barnhill, PhD; Anita Cicero, JD; Katelyn Esmonde, PhD; Amelia Hood, MA; Brian Hutler, Phd, JD; Jeffrey P. Kahn, PhD, MPH; Alan Regenberg, MBE; Crystal Watson, DrPH, MPH; Matthew Watson; Robert Califf, MD, MACC; Ruth Faden, PhD, MPH; Divya Hosangadi, MSPH; Nancy Kass, ScD; Alain Labrique, PhD, MHS, MS; Deven McGraw, JD, MPH, LLM; Michelle Mello, JD, PhD; Michael Parker, BEd (Hons), MA, PhD; Stephen Ruckman, JD, MSc, MAR; Lainie Rutkow, JD, MPH, PhD; Josh Sharfstein, MD; Jeremy Sugarman, MD, MPH, MA; Eric Toner, MD; Mar Trotochaud, MSPH; Effy Vayena, PhD; Tal Zarsky, JSD, LLM, LLB

Kapp's annotated list of 617 titles, in 13 sections, focuses on sources that discuss the `identifiable body of law concerned with personal and institutional relationships, implicated by the delivery of health care for the elderly.' This work is meant for health professionals, attorneys, researchers, educators, and advanced students. The succinct yet informative annotations cover references from January 1, 1980, to August 31, 1987. . . . Highly recommended. Choice Legal questions relating to health care for the elderly have grown increasingly numerous and complex. While these issues have been dealt with extensively by researchers and professional specialists, the literature has grown so vast in the past decade that it is difficult to keep abreast of legal developments. This bibliography is designed to assist practicing health, human services, and legal professionals as well as researchers, teachers, and students in identifying and evaluating information sources that will provide essential guidance on the legal implications of health care for the elderly. Organized in thirteen subject sections, the volume contains more than six-hundred annotated references dealing with institutional regulations and standards of care, disability determinations, decisionmaking for critically ill patients, involuntary commitment, advocacy services for the older health care consumer, and many other topics. Citations consist of books, book chapters, journal articles, and reports published from 1980 onwards. Entries are cross-referenced systematically, and author and subject indexes are provided. This important new reference will be an invaluable working tool for professionals and students who need to understand and deal with some of the most difficult issues in the field of modern health care.

Offers a comprehensive overview of the legislation and legal issues surrounding animals. Written by Jordan Curnutt, Animals and the Law covers everything from the Silver Spring monkeys, subjects in the first U.S. lab raided by police where criminal charges were filed against a scientist conducting federally funded research, to sex with animals. Among the subjects reviewed are kosher and Halal food restrictions, mad cow disease and cattle cannibalism, animals in laboratories, and as entertainment-in circuses, zoos, rodeos, horse racing, cockfighting, and more. Also included are appendixes of animal organizations, cases, statutes and regulations, and an extensive bibliography. Includes a list of major animal organizations actively engaged in legal matters on a national level Includes tables of cases, authorities, statutes, and regulations

How dangerous is someone's job? People from ages 22 through 64 spend roughly 40% of their non-sleeping time at a job where there is considerable potential for exposure to fatal safety and health risks. The purpose of this book is to improve the knowledge and working environment of American workers, by providing an in-depth look at the job hazards in 324 industries and 265 occupations. Human Resource managers, industry trade organizations, corporate CEOs, health care administrators, secondary school counselors, as well as, scholars and upper level college and graduate students in the areas of Human Resources, Management, Health Care Management, Law and Social Environment will find this work extremely useful.

In hierdie werk word gekonsentreer op die gemene onderliggende beginsels van enersyds die verskillende vorme van saaklike sekerheidsregte waar telkens sprake is van 'n bepaalde saak as vermoensobjek waarop die skuldeiser 'n beperkte saaklike sekerheidsreg vestig en in sommige gevalle, danksy sodanige beperkte saaklike sekerheidsreg oor die aldus geidentifiseerde saak van die skuldenaar, 'n preferente en versekerde aanspraak op verhaal uit die opbrengs van daardie sekerheidsobjek het ter voldoening van sy uitstaande skuldvordering. 'n Skuldeiser kan andersyds ook met sy skuldenaar ooreenkom om vermoensobjekte, anders as die objekte van saaklike regte van die skuldenaar, as sekerheidsobjekte te identifiseer. Die vestiging van 'n saaklike sekerheidsreg verander nie die saldo van boedelbates van die skuldenaar waarteen sy skuldeisers verhaal kan neem nie - dit plaas hoogstens 'n kordon om die verhaalbare waarde van die geidentifiseerde sekerheidsobjekte ten gunste van die versekerde preferente skuldeiser. By persoonlike sekerheidsregte word daarteenoor verhaal geneem op bates wat aan 'n ander regsubjek as die primere skuldenaar behoort en wat dus nie deel van die saldo van die skuldenaar se bates vorm nie.

In almost all legal disputing, formalities are employed as a last resort. This book presents a new theory of decision-making, exploring the conditions under which prosecution is employed to handle troublesome occupational health and safety problems. This book is for those interested in law, regulation, socio-legal studies, criminal justice, sociology, and political science.