ENGLISH

Text, Cases and Materials on Medical Law

By Lisa Cherkassky

Book information

Publisher
Pearson
Year
2014
ISBN
1447901207, 9781447901204
Language
english
Format
PDF
Filesize
4 MB (4653600 bytes)
Pages
856\857
Time added
2020-04-11 11:18:23

Description

Text, Cases and Materials on Medical Law combines detailed commentary and analysis of the law with excerpts from a range of sources, both legal and non-legal, to help set the law in context and deepen your knowledge of this contentious and highly emotive area of law. Contents Guided tour Acknowledgements Preface Table of cases Table of statutes Table of international legislation Table of statutory instruments Table of European treaties and conventions 1 The ethics of medical law Chapter objectives SETTING THE SCENE Introduction Medical ethics and bioethics Human rights and religion Secular bioethics: what is available? Rejection of change Chapter summary Chapter essay Chapter case study Further reading 2 The allocation of healthcare resources Chapter objectives SETTING THE SCENE Introduction The National Health Service How can we ration resources? The judiciary and healthcare rationing Travelling for treatment: Brits and asylum seekers Chapter summary Chapter essay Chapter case study Further reading 3 Medical negligence Chapter objectives SETTING THE SCENE Introduction The criteria for negligence Liability for negligence before birth Liability for negligence after birth (i.e. general medical negligence) Defences to negligence Limits to a claim The criminal law The General Medical Council Making a complaint: NHS treatment Problems with the medical negligence system Looking to the future in medical negligence Private care: breach of contract Chapter summary Chapter essay Chapter case study Further reading 4 Consent Chapter objectives SETTING THE SCENE Introduction What is consent? The legal consequences of ignoring a competent refusal The ‘scope’ of competence Adults: confirming incapacity Treating incompetent adults Refusing treatment through an advance directive The Court of Protection Appointing a decision-maker Children: incompetent Children: competent Consenting to risks Chapter summary Chapter essay Chapter case study Further reading 5 Confidentiality Chapter objectives SETTING THE SCENE Introduction What is confidentiality and why is it important? The statute law on confidentiality The common law on confidentiality The guidelines on confidentiality The Code of Practice for Confidentiality Patients who lack capacity The rights of deceased patients Contractible diseases, anonymity and research Remedies for a breach of confidentiality Chapter summary Chapter essay Chapter case study Further reading 6 Abortion Chapter objectives SETTING THE SCENE Introduction What is the morning-after pill? What is an abortion? The history of abortion The law of abortion (development) The law of abortion (present): the Abortion Act 1967 Problems with section 1 of the 1967 Act Barriers to abortion Patients who lack capacity Fathers and foetuses: legal and moral rights Abortion tourism Chapter summary Chapter essay Chapter case study Further reading 7 Mental Health Law Chapter objectives SETTING THE SCENE Introduction The ‘autonomy anomaly’ in mental health law What is a mental disorder? Detention under the Mental Health Act 1983 (assessment) Detention under the Mental Health Act 1983 (treatment) Detention under the Mental Health Act 1983 (emergency and other) Mental health and human rights Releasing patients from detention and treatment Mentally ill patients in the community Mentally ill prisoners Voluntary admission into the mental health system Chapter summary Chapter essay Chapter case study Further reading 8 Assisted conception Chapter objectives SETTING THE SCENE Introduction The history behind assisted conception The law on assisted conception Who can seek assisted conception? Eggs, sperm and embryos Who are the legal parents? Embryo testing and screening Human cloning Surrogacy Chapter summary Chapter essay Chapter case study Further reading 9 Organs Chapter objectives SETTING THE SCENE Introduction The history of organ donation and transplantation The current law in the United Kingdom The organ transplant procedure Living donor transplantation The definition of death The history of the brain stem death test The current tests for determining death The controversy surrounding brain stem death How can we increase the number of donated organs? The UK and the organ donor register Chapter summary Chapter essay Chapter case study Further reading 10 Medical research Chapter objectives SETTING THE SCENE Introduction The international ethical codes The UK approach to medical research What is research? Participating in clinical research Consent Medical research in poor countries Publishing the results of medical research Compensating research participants Stem cells and embryos in medical research Chapter summary Chapter essay Chapter case study Further reading 11 The end of life Chapter objectives SETTING THE SCENE Introduction The legal issues Gross negligence manslaughter Assisted suicide Palliative care Refusal of treatment at the end of life Incompetent adults at the end of life Children at the end of life Should euthanasia be legalised? The law in other countries Death Chapter summary Chapter essay Chapter case study Further reading Bibliography Index

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