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Autonomy Informed Consent And Medical Law

Author: Alasdair Maclean
Publisher: Cambridge University Press
ISBN: 9781139477130
Size: 68.29 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.

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

Author: James L. Benedict
Publisher: Springer
ISBN: 3319564005
Size: 69.86 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.

Autonomy Consent And The Law

Author: Sheila A.M. McLean
Publisher: Routledge
ISBN: 1135219052
Size: 22.92 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.

Medicine Patients And The Law

Author: Margaret Brazier
Publisher: Oxford University Press
ISBN: 1526100517
Size: 63.67 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.

Bioethics Medicine And The Criminal Law

Author: Margaret Brazier
Publisher: Cambridge University Press
ISBN: 1107018250
Size: 53.65 MB
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This work maps the criminal process's impact on several key issues in medicine and its arbitration of bioethics.

The Duty Of Medical Practitioners And Cam Tcm Practitioners To Inform Competent Adult Patients About Alternatives

Author: Xiju Zhao
Publisher: Springer Science & Business Media
ISBN: 3642316476
Size: 58.64 MB
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The book pays interest to a small and almost untouched topic: a health practitioner’ s duty to inform about alternatives. It covers both orthodox medicine practitioners and CAM practitioners. The topic is explored in a co mparative way, examining the laws of not only common law jurisdictions, such as the USA, England, Canada, Australia, New Zealand, but also two East Asia jurisdictions ( China and Japan ) . It uses the collective wisdom of several common law jurisdictions, but also differentiates them. It places the issue of “disclosure of alternatives” in a clear and wider context, making a cogent distinction between diagnosis/treatment and information disclosure. ​

Oral Rehabilitation

Author: Iven Klineberg
Publisher: John Wiley & Sons
ISBN: 1444361112
Size: 50.24 MB
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This book provides its readers with a structured approach to decision-making and case management in oral rehabilitation. It is built around actual patient cases from simple prosthodontics to complex full-mouth reconstructions, demonstrating a formal process by which a diagnosis and treatment plan is reached. Grounded firmly in evidence-based principles, the book also includes a chapter on literature searching in dentistry, which is critical for acquiring a knowledge-base for informed decisions in clinical treatment. Featuring an approach to prosthodontics and oral rehabilitation that is both instructional and practical, Oral Rehabilitation: A Case-Based Approach will help clinicians to develop the necessary skills to make consistent, evidence-based clinical decisions. KEY FEATURES • Presents a case-based process showing how diagnosis and treatment is achieved • Covers a range of clinical scenarios from simple to complex presentations • Illustrates each case fully, with stages documented by colour photographs • Emphasises inter-disciplinary management in prosthodontics • Accompanied by a website containing illustrative video clips

Administration Ethics

Author: Joseph Byrne
Publisher: Canadian Scholars’ Press
ISBN: 1551309637
Size: 14.53 MB
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There are few industries in which decisions are so intently scrutinized by millions of Canadians as the healthcare industry. Each day important decisions concerning the funding and delivery of healthcare are made far from the patient’s bed, in the offices of administrators and policy makers. These decisions can have considerable impact on the lives of patients and the practice of healthcare professionals. Whether you are a seasoned executive or an entry-level manager, Administration Ethics is intended to assist you in rendering effective and ethical decisions. Brimming with engaging examples, this text provides a practical guide to understanding the essential but often challenging areas of ethics theories, principles, codes, and rights, and insightfully illustrates how these concepts are integrated. Administration Ethics goes beyond academic debate and enters the daily practice of health administration. It examines the psychology of decision making, revealing how we sometimes make well-intentioned, but unethical decisions. Each chapter includes illustrative cases pertinent to the ethical management and policy decisions required of healthcare administrators. Featuring a new, user-friendly decision model and designed specifically with the Canadian healthcare system in mind, this volume will be an indispensable resource for both current and future healthcare administrators in Canada.

Medical Law And Ethics

Author: Jonathan Herring
Publisher: Oxford University Press
ISBN: 0198810601
Size: 28.45 MB
Format: PDF, Docs
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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

Ethical Judgments

Author: Stephen W Smith
Publisher: Bloomsbury Publishing
ISBN: 1509904158
Size: 14.62 MB
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This edited collection is designed to explore the ethical nature of judicial decision-making, particularly relating to cases in the health/medical sphere, where judges are often called upon to issue rulings on questions containing an explicit ethical component. However, judges do not receive any specific training in ethical decision-making, and often disown any place for ethics in their decision-making. Consequently, decisions made by judges do not present consistent or robust ethical theory, even when cases appear to rely on moral claims. The project explores this dichotomy by imagining a world in which decisions by judges have to be ethically as well as legally valid. Nine specific cases are reinterpreted in light of that requirement by leading academics in the fields of medical law and bioethics. Two judgments are written in each case, allowing for different views to be presented. Two commentaries - one ethical and one legal - then explore the ramifications of the ethical judgments and provide an opportunity to explore the two judgments from additional ethical and legal perspectives. These four different approaches to each judgment allow for a rich and varied critique of the decisions and ethical theories and issues at play in each case.