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Embryo research, cloning, assisted conception, neonatal care,
pandemic vaccine development, saviour siblings, organ transplants,
drug trials - modern developments have transformed the field of
medicine almost beyond recognition in recent decades and the law
struggles to keep up. In this highly acclaimed and very accessible
book Margaret Brazier, Emma Cave and Rob Heywood provide an
incisive survey of the legal situation in areas as diverse as
fertility treatment, patient consent, assisted dying, malpractice
and medical privacy. The seventh edition of this book has been
fully revised and updated to cover the latest cases, Brexit-related
regulatory reform and COVID-19 pandemic measures. Essential reading
for healthcare professionals, lecturers, medical and law students,
this book is of relevance to all whose perusal of the daily news
causes wonder, hope and consternation at the advances and
limitations of medicine, patients and the law. -- .
Embryo research, cloning, assisted conception, neonatal care,
saviour siblings, organ transplants, drug trials - modern
developments have transformed the field of medicine almost beyond
recognition in recent decades and the law struggles to keep up. In
this highly acclaimed and very accessible book, now in its sixth
edition, Margaret Brazier and Emma Cave provide an incisive survey
of the legal situation in areas as diverse as fertility treatment,
patient consent, assisted dying, malpractice and medical privacy.
The book has been fully revised and updated to cover the latest
cases, from assisted dying to informed consent; legislative reform
of the NHS, professional regulation and redress; European
regulations on data protection and clinical trials; and legislation
and policy reforms on organ donation, assisted conception and
mental capacity. Essential reading for healthcare professionals,
lecturers, medical and law students, this book is of relevance to
all whose perusal of the daily news causes wonder, hope and
consternation at the advances and limitations of medicine, patients
and the law. -- .
This book explores the reality of patient control and choice in
health care, and analyses how decisions should be made on behalf of
those deemed incapable of making them for themselves. The
contributors are distinguished experts from the disciplines of
medicine, ethics, theology and law. They look at the complex
problem of autonomy and consent in health care and clinical
research today and its impact on the vulnerable members of society.
The essays move from the exploration of lingering paternalism in
health care to the acute dilemmas of treatment of and research on
new born babies. In covering both general and specific problems the
collection reveals how exploitation can occur, when the right of
autonomy is eroded and where informed consent is illusory.
Particularly vulnerable groups, such as children and people with
mental handicaps, are discussed alongside cases where the
vulnerability is itself an issue. A study of attitudes to female
sterilisation provides a vivid example of the problems of autonomy
and consent. This book should be of interest to students and
teachers of ethics, health care professionals and lawyers involved
in health care issues.
The right of adults with sound mind to consent to treatment or risk
their own health for the benefit of the community in a clinical
trial is unequivocally recognised by the law. But what about those
vulnerable by virtue of their age, nature or position in society?
Experts from the fields of medicine, philosophy, theology and law,
explore the ethical and legal principles which seek to reconcile
the individual's right to autonomy with the need to protect
vulnerable groups. Discussions refer both to specific groups
(premature babies, children, people with mental handicaps) and
specific issues (cases of abuse by sterilization of women, suicide,
the right to information).
Exploring key aspects in the history of law's engagement with
healthcare in England, this book unearths fascinating stories of
the fractious relationship between the two highlighting lessons for
medical law and bioethics that a focus on their history can offer.
The popular view that the courts and legislators have from time
immemorial consistently deferred to medical practitioners is shown
to be wrong. Regulation of healers and the doctor/patient
relationship and law's response to battles for dominance between
different sorts of healers are examined. Healthcare in a broader
sense than simply medical treatment is addressed. Considering
historical perceptions of the human body at all life stages from
the womb to the grave, the work identifies themes running through
the history of how law responds to the problems generated by
understanding of bodies and how science changes popular perceptions
and law. -- .
Embryo research, cloning, assisted conception, neonatal care,
pandemic vaccine development, saviour siblings, organ transplants,
drug trials - modern developments have transformed the field of
medicine almost beyond recognition in recent decades and the law
struggles to keep up. In this highly acclaimed and very accessible
book Margaret Brazier, Emma Cave and Rob Heywood provide an
incisive survey of the legal situation in areas as diverse as
fertility treatment, patient consent, assisted dying, malpractice
and medical privacy. The seventh edition of this book has been
fully revised and updated to cover the latest cases, Brexit-related
regulatory reform and COVID-19 pandemic measures. Essential reading
for healthcare professionals, lecturers, medical and law students,
this book is of relevance to all whose perusal of the daily news
causes wonder, hope and consternation at the advances and
limitations of medicine, patients and the law. -- .
To date, little analysis exists of the criminal process's roles as
a regulator of medical practice and as an arbiter of bioethics, nor
whether criminal law is an appropriate forum for judging ethical
medical dilemmas. The conscription of criminal law into moral
controversy and the (perceived) rise in criminal investigations of
medical errors sets the backdrop for this innovative historical and
theoretical analysis of the relationship between medicine,
bioethics and the criminal process. Case studies on abortion, end
of life and the separation of conjoined twins reveal how judges
grapple with bioethics in criminal cases and the impact of
'theatre' on the criminal law's response to ethically controversial
medical cases. A central argument is that bioethics and criminal
law are not necessarily incompatible; rather, it is the theatre
surrounding interactions between bioethics and criminal law that
often distorts and creates tension.
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