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This book examines the ethical obligations binding a doctor to her patient's confidences and asks "Should those ethical obligations be recognized in the courtroom?". Increasingly, English law has shown a responsiveness to the need to accord respect to patient confidentiality. In practice this has involved the prohibition of unauthorized disclosure of medical records in national newspapers and the provision of special protection for data stored on computer. In one area, however, the law has been unwilling to protect patient confidences - the courtroom. A patient cannot stop her doctor from testifying even though the doctor has promised not to divulge medical information under any circumstances. Jean V. McHale examines cases to see whether the denial in law of the doctor-patient privilege is consistent with the protection of other confidential relationships. She discusses the nature of medical information and confidentiality and she considers the practical issues and questions which are raised by confidentiality. This book challenges orthodox ideas of medical confidentiality and questions the overriding right of the law.
The provision and use of traditional, complementary and alternative medicine (CAM) has been growing globally over the last 40 years. As CAM develops alongside - and sometimes integrates with - conventional medicine, this handbook provides the first major overview of its regulation and professionalization from social science and legal perspectives. The Routledge Handbook of Complementary and Alternative Medicine draws on historical and international comparative research to provide a rigorous and thematic examination of the field. It argues that many popular and policy debates are stuck in a polarized and largely asocial discourse, and that interdisciplinary social science perspectives, theorising diversity in the field, provide a much more robust evidence base for policy and practice in the field. Divided into four sections, the handbook covers: analytical frameworks power, professions and health spaces risk and regulation perspectives for the future. This important volume will interest social science and legal scholars researching complementary and alternative medicine, professional identify and health care regulation, as well as historians and health policymakers and regulators.
First Published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.
How does the law of the European Union affect health law and policy? At first sight, it seems limited. However, despite its restricted formal competence, the EU has recently become increasingly involved in the health field. Litigation based on EU law has resulted in a 'right to receive health care services' across national boundaries which may have huge practical implications for national health systems. The EU has promulgated legislation regulating clinical research, and the marketing of pharmaceuticals; patients' rights are affected by EU legislation on data protection and product liability; the qualifications of health care professionals are legally recognised across the EU; and the EU has acted to promote public health. This book explores the various impacts of measures of EU law on national health law and policy. Through elaboration of selected examples, the authors show that, within the EU, health law cannot be regarded as a purely national affair.
The provision and use of traditional, complementary and alternative medicine (CAM) has been growing globally over the last 40 years. As CAM develops alongside - and sometimes integrates with - conventional medicine, this handbook provides the first major overview of its regulation and professionalization from social science and legal perspectives. The Routledge Handbook of Complementary and Alternative Medicine draws on historical and international comparative research to provide a rigorous and thematic examination of the field. It argues that many popular and policy debates are stuck in a polarized and largely asocial discourse, and that interdisciplinary social science perspectives, theorising diversity in the field, provide a much more robust evidence base for policy and practice in the field. Divided into four sections, the handbook covers: analytical frameworks power, professions and health spaces risk and regulation perspectives for the future. This important volume will interest social science and legal scholars researching complementary and alternative medicine, professional identify and health care regulation, as well as historians and health policymakers and regulators.
'European Union Health Law and Policy' is now a meaningful field of study. This monograph elaborates that field through the lens of five important themes. The themes (or orientations) of European Union health law and policy are consumerism; protection of (human) rights; risk regulation; interactions between equality, solidarity and competition; and globalism. The book explores interactions between law, policy and 'governance' in the creation, elaboration, application and development of European Union health law and policy through case studies in key substantive areas, such as the regulation of health research, access of patients to high quality care, health care professional regulation, organisation and funding of health care services, and public health. As European Union health law and policy forms a crucial context within which national health law and policy is developed, the book is essential reading for anyone interested in health law or policy in any EU Member State.
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