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Autonomy Informed Consent And Medical Law

Author: Alasdair Maclean
Publisher: Cambridge University Press
ISBN: 9781139477130
Size: 15.16 MB
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Alasdair Maclean analyses the ethical basis for consent to medical treatment, providing both an extensive reconsideration of the ethical issues and a detailed examination of English law. Importantly, the analysis is given a context by situating consent at the centre of the healthcare professional-patient relationship. This allows the development of a relational model that balances the agency of the two parties with their obligations that arise from that relationship. That relational model is then used to critique the current legal regulation of consent. To conclude, Alasdair Maclean considers the future development of the law and contrasts the model of relational consent with Neil Manson and Onora O'Neill's recent proposal for a model of genuine consent.

Autonomy Consent And The Law

Author: Sheila A.M. McLean
Publisher: Routledge
ISBN: 1135219052
Size: 74.97 MB
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Autonomy is often said to be the dominant ethical principle in modern bioethics, and it is also important in law. Respect for autonomy is said to underpin the law of consent, which is theoretically designed to protect the right of patients to make decisions based on their own values and for their own reasons. The notion that consent underpins beneficent and lawful medical intervention is deeply rooted in the jurisprudence of countries throughout the world. However, Autonomy, Consent and the Law challenges the relationship between consent rules and autonomy, arguing that the very nature of the legal process inhibits its ability to respect autonomy, specifically in cases where patients argue that their ability to act autonomously has been reduced or denied as a result of the withholding of information which they would have wanted to receive. Sheila McLean further argues that the bioethical debate about the true nature of autonomy – while rich and challenging – has had little if any impact on the law. Using the alleged distinction between the individualistic and the relational models of autonomy as a template, the author proposes that, while it might be assumed that the version ostensibly preferred by law – roughly equivalent to the individualistic model – would be transparently and consistently applied, in fact courts have vacillated between the two to achieve policy-based objectives. This is highlighted by examination of four specific areas of the law which most readily lend themselves to consideration of the application of the autonomy principle: namely refusal of life-sustaining treatment and assisted dying, maternal/foetal issues, genetics and transplantation. This book will be of great interest to scholars of medical law and bioethics.

A Revised Consent Model For The Transplantation Of Face And Upper Limbs Covenant Consent

Author: James L. Benedict
Publisher: Springer
ISBN: 3319564005
Size: 77.33 MB
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This book supports the emerging field of vascularized composite allotransplantation (VCA) for face and upper-limb transplants by providing a revised, ethically appropriate consent model which takes into account what is actually required of facial and upper extremity transplant recipients. In place of consent as permission-giving, waiver, or autonomous authorization (the standard approaches), this book imagines consent as an ongoing mutual commitment, i.e. as covenant consent. The covenant consent model highlights the need for a durable personal relationship between the patient/subject and the care provider/researcher. Such a relationship is crucial given the recovery period of 5 years or more for VCA recipients. The case for covenant consent is made by first examining the field of vascularized composite allotransplantation, the history and present understandings of consent in health care, and the history and use of the covenant concept from its origins through its applications to health care ethics today. This book explains how standard approaches to consent are inadequate in light of the particular features of facial and upper limb transplantation. In contrast, use of the covenant concept creates a consent model that is more appropriate ethically for these very complex surgeries and long-term recoveries.

Medicine Patients And The Law

Author: Margaret Brazier
Publisher: Oxford University Press
ISBN: 1526100517
Size: 39.71 MB
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Embryo research, cloning, assisted conception, neonatal care, savior 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. At the same time legal claims against doctors and the NHS has grown and doctors feel under siege. In this highly acclaimed and very accessible book, Margaret Brazier and Emma Cave provide an incisive survey of the legal situation in areas as diverse as fertility treatment, surrogacy, patient consent, euthanasia and the definition of death, malpractice and medical privacy. The sixth edition of this book has been fully revised and updated to cover; Over 50 new cases, including the latest cases on assisted dying, court-authorised sterilisation, treatment without consent and confidentiality; Full analysis of recent Supreme Court decisions on informed consent (Montgomery v Lanarkshire [2015], assisted dying (R (Nicklinson and Lamb) v Ministry of Justice [2014]), conscientious objection (Doogan v Greater Glasgow Health Board[2014] and deprivation of liberty (Cheshire West [2014]); New national and EU legislation on healthcare research, organ donation and data protection; Recent guidance and reports such as the General Medical Council's Good Medical Practice (2013), the Francis Inquiry report (2013) and Select Committee Reports on mental capacity; Analysis of reforms of the NHS, the duty of candour, legal aid and professional regulation; Technological advances such as assisted conception, cloning and human tissue and the regulatory response; Doomed and ongoing legislative reform proposals including those on assisted dying, NHS redress and medical innovation. 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 and the law and the impact on patients.

Medical Law And Ethics

Author: Jonathan Herring
Publisher: Oxford University Press
ISBN: 0198810601
Size: 66.46 MB
Format: PDF, ePub
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Medical Law and Ethics covers the core legal principles, key cases, and statutes that govern medical law alongside the key ethical debates and dilemmas that exist in the field. Carefully constructed features highlight these debates, drawing out the European angles, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as 'a shock to the system', 'public opinion' and 'reality check' introduce further socio-legal discussion and contribute to the lively and engaging manner in which the subject is approached. Online resources This book is accompanied by the following online resources: - Complete bibliography and list of further reading - Links to the key cases mentioned in the book - A video from the author which introduces the book and sets the scene for your studies - Links to key sites with information on medical law and ethics

The Cambridge Medical Ethics Workbook

Author: Donna Dickenson
Publisher: Cambridge University Press
ISBN: 0521734703
Size: 13.54 MB
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This edition of a widely praised case-based introduction to bioethics includes an interactive CD-ROM, for reference and group teaching.

Genetic Privacy

Author: Graeme Laurie
Publisher: Cambridge University Press
ISBN: 9781139431538
Size: 43.76 MB
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The phenomenon of the New Genetics raises complex social problems, particularly those of privacy. This book offers ethical and legal perspectives on the questions of a right to know and not to know genetic information from the standpoint of individuals, their relatives, employers, insurers and the state. Graeme Laurie provides a unique definition of privacy, including a concept of property rights in the person, and argues for stronger legal protection of privacy in the shadow of developments in human genetics. He challenges the role and the limits of established principles in medical law and ethics, including respect for patient autonomy and confidentiality. This book will interest lawyers, philosophers and doctors concerned both with genetic information and issues of privacy; it will also interest genetic counsellors, researchers, and policy makers worldwide for its practical stance on dilemmas in modern genetic medicine.

Mental Capacity In Relationship

Author: Camillia Kong
Publisher: Cambridge University Press
ISBN: 1316738213
Size: 70.20 MB
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Recent legal developments challenge how valid the concept of mental capacity is in determining whether individuals with impairments can make decisions about their care and treatment. Kong defends a concept of mental capacity but argues that such assessments must consider how relationships and dialogue can enable or disable the decision-making abilities of these individuals. This is thoroughly investigated using an interdisciplinary approach that combines philosophy and legal analysis of the law in England and Wales, the European Court of Human Rights, and the United Nations Convention on the Rights of Persons with Disabilities. By exploring key concepts underlying mental capacity, the investigation concludes that both primary relationships and capacity assessments themselves must display key competencies to ensure that autonomy skills are promoted and encouraged. This ultimately provides scope for justifiable interventions into disabling relationships and articulates the dialogical practices that help better situate, interpret, and understand the choices and actions of individuals with impairments.

Autonomy And Trust In Bioethics

Author: Onora O'Neill
Publisher: Cambridge University Press
ISBN: 9780521894531
Size: 56.29 MB
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Onora O'Neill suggests that the conceptions of individual autonomy (so widely relied on in bioethics) are philosophically and ethically inadequate; they undermine rather than support relationships based on trust. Her arguments are illustrated with issues raised by such practices as the use of genetic information by the police, research using human tissues, new reproductive technologies, and media practices for reporting on medicine, science and technology. The study appeals to a wide range of readers in ethics, bioethics and related disciplines.