Healthcare Law and Ethics and the Challenges of Public Policy Making: Selected Essays

Description

Drawing on Sir Ian Kennedy’s extensive experience in healthcare law, ethics and public policy-making, this book explores vital issues in the law surrounding healthcare and regulation. The book contains a range of published and unpublished essays and speeches with the addition of notes and commentaries by the author that bring the pieces up to the present day. Those who want to understand developments, from transplants to confidentiality, from COVID-19 to public inquiries to regulation will find a rich seam of rigorous, informed analysis. The author’s unique range of experience allows him to share insights on a variety of issues; from the conduct of the disgraced breast surgeon, Ian Paterson, to research at Porton Down, to the economics of innovation in drug development at NICE. His abiding interest in the welfare of children informs his trenchant forensic examination of how children fare in the NHS. Those involved in or with an interest in law, moral philosophy, and public policy will find much food for thought. Acknowledgements Contents Introduction Postscript PART I:
CHILDREN 1. Caring about Children – Who Cares? What to Do? 2. Getting it Right for Children and Young People: Overcoming Cultural Barriers in the NHS So as to Meet Their Needs Foreword Postscript Post-Postscript 1. Introduction 2. Services for Children and Young People – An Overview 3. Is the NHS Meeting the Needs of Children and Young People? 4. Cultural Barriers and How to Address Them 5. Conclusion Annex A: Terms of Reference: Review of NHS Services for Children Part II: Regulation in the Public Sector 3. CHAI – Making it Better Introduction CHAI CHAI and Children Some Concerns for the Future Conclusion Postscript 4. The Healthcare Commission's Blueprint for Regulation Postscript 5. The Safety of Healthcare: The Role of Regulation Regulation in the Architecture of Health and Healthcare The Aim of Regulation in Relation to Safe Care How Should the Regulator Achieve These Aims? An Analysis of Safe Care Standards of Performance Measuring Compliance Collecting and Analysing the Data Reporting, Intervening and Investigating Postscript 6. Value for Money – Who Says?: The Independent Parliamentary Standards Authority – A Case Study Introduction Approaches to Understanding Vfm The Problem of ‘Value’ The Key Question The ‘3Es’ The Real World of Vfm Enter the Public Re-enter the ‘Expert’ Back to Real Vfm Democratic Engagement: The Example of NICE IPSA and Vfm PART III:
MEDICAL LAW AND ETHICS: FROM HUNTINGTON’S
DISEASE TO COVID-19 7. Huntington's Disease and Confidentiality Introduction Analysis Ethics Law The ABC Case 8. Reflections on Charlie Gard 9. Doing What's Best – Who Says? 10. Ethical Issues in Transplantation The Determination of Death The Allocation of Organs Increasing the Supply Commerce in Organs Conclusion Postscript 11. A Collection of Children's Hearts Introduction This Review The Way Forward Recommendations Annex 1 Other Centres 12. Safety and Blame: Learning from Mistakes in the NHS NHS, Clinical Negligence and £83bn Postscript 13. Deprivation of Liberty and Medical Care Mental Health Act 2007 Mental Capacity Act 2005 MHA or MCA? Postscript 14. Rights and Values in Health and Healthcare People and Their Stories Real People, Real Problems The Need for Answers The Discourse of Rights The Discourse of Rights in Two Contexts Enter Choice Choices and Values Whither Rights Back to the Real World of Healthcare So: How to Respond? 15. Sumption's Gambit – Give Me Liberty and Give Me Death Postscript Part IV: Inquiries and Reviews 16. Public Inquiries: Experience from the Bristol Public Inquiry Introduction Bristol Background A Starting Point Criteria for Establishing a Public Inquiry Applying the Criteria – Deciding on a Public Inquiry The Chair Terms of Reference What are Public Inquiries for? How to Meet these Purposes? Postscript 17. The Paterson Review Postscript 18. Inquiries in the NHS: What's the Point? Inquiries in the NHS 19. Appraising the Value of Innovation: A Review for NICE 1. Introduction 2. Innovation 3. Diagnostic Tools, Devices and Other Therapies Postscript 20. Research at Porton Down: An Ethical Assessment Introduction Guiding Principles My Approach The Commissioning and Supervision of Research at Porton The Conduct of Research Formality of Consent Risk and Safety The Role of Ethics Committees Compensation Awareness of and Compliance with Codes and Guidelines Conclusion PART V:
A PUBLIC FIGURE 21. Meet the Press Two Postscripts 22. Working with the Media: A View from the Frontline Introduction The Question The Starting Point – The Educator The Educator and the Media The Educator's Duty Printed Media Radio Television The Reith Lectures 1980 Reacting to the Media and the Development of Bioethics Conclusion PART VI:
TRIBUTES 23. Professor Aidan Halligan 24. Sir Donald Irvine 25. Sir Eric Scowen Professor Sir Ian Kennedy Biography Index