Mason and McCall Smith's Law and Medical Ethics

Name: Mason and McCall Smith's Law and Medical Ethics
Price: 4950 ISK
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Author: Anne-Maree Farrell; Edward S. Dove
ISBN: 9780192691224

Höfundar: Anne-Maree Farrell; Edward S. Dove (Útgáfa: 12)

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Trusted for over 40 years for its authoritative account of medical law, this text provides the right balance between in-depth legal coverage and analysis of ethical issues. This classic textbook focuses on medical law and its relationship with medical practice and modern ethics. It provides thorough coverage of all topics found on medical law courses, and in-depth analysis of recent court decisions and legislation, encouraging students to think critically about this area of study.

- Covers the whole field of modern ethical medical practice, making the book suitable for use on all undergraduate and postgraduate medical law courses - Clearly sets a diversity of views in ethical debates, and offers the authors' own perspectives, encouraging students to explore and form their own opinions - Takes account of the influence of international policy and legal developments in shaping medical law in the UK New to this edition: · Two brand new chapters introduce students to concepts, theories, and tools that frame interpretation and analysis of health and medical law · A new chapter provides an overview of UK health systems and examines these in the context of devolution, the Covid-19 pandemic, and Brexit · The table of contents has been reorganised and streamlined to enhance clarity and focus on current issues in the discipline · Includes coverage of developments such as the Health and Social Care Act 2022, Mental Health Bill 2022, Medicines and Medical Devices Act 2021, Coronavirus Act 2020, new regimes for organ donation, Bell v Tavistock, ABC v St George's Healthcare NHS Trust, Khan v Meadows, and more Digital formats This twelfth edition is available for students and institutions to purchase in a variety of formats.

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Útgefandi: Oxford University Press Academic UK

ISBN: 9780192691224

Print ISBN: 9780192691217

Format: ePub

Útgáfa: 12

Höfundar: Anne-Maree Farrell; Edward S. Dove

Tungumál: English

Útgefið: 2023-07-24

Prent takmörkun á líftíma: 100

Prent takmörkun: 2

Afritunar takmörkun: 2

Kaflar

Cover
Epigraph
Title Page
Copyright page
Preface
List of Contributors
Foreword
Table of Contents
Table of Cases
Table of UK Statutes
Table of Statutory Instruments
Table of Legislation from other Jurisdictions
Australia
Belgium
Canada
France
Germany
Ireland
Italy
Netherlands
Switzerland
United States
California
Colorado
District of Columbia
Florida
Hawaii
Oregon
Vermont
Washington State
Federal Law
Table of European Union Legislation
Directives
Regulations
Table of International Treaties and Conventions
1 Introduction to Bioethics
1.1 Introduction
1.2 The Relationship Between Ethics and the Law in Health and Medicine
1.3 What is Ethics?
1.3.1 Defining Ethics
1.3.2 Recognising Ethical Questions
1.3.3 Normativity
1.3.4 Distinguishing Ethics from Personal Preferences
1.3.5 Relativism
1.4 What is Bioethics?
1.4.1 Medical Ethics
1.4.2 Health Care and Health Ethics
1.4.3 Public Health Ethics
1.4.4 Research Ethics
1.4.5 Additional and Emerging Areas in Bioethics
1.4.6 Procedural Ethics
1.5 How to do Bioethics
1.5.1 The Language of Bioethics: Talking about Right and Wrong
1.5.2 Conceptual Clarity
1.5.3 Providing Reasons to Justify One’s Position
1.5.4 Intuitions and Reflective Equilibrium
1.5.5 Facts about the World
1.5.6 Popular Beliefs
1.5.7 Empirical Bioethics
1.5.8 Principles and Principlism
1.5.9 Interests and Rights
1.5.10 Limits of Rationality and Impartiality
1.6 Conclusion
Further Reading
2 Critical Frameworks in Bioethics
2.1 Introduction
2.2 What Matters?
2.2.1 Well-being
2.2.2 Health
2.2.3 Autonomy
2.2.4 Dignity
2.2.5 Embodied Experience
2.2.6 Vulnerability
2.2.7 Relationships
2.3 Who Matters?
2.3.1 Personhood and Moral Status
2.3.2 Qualities Defining Personhood
2.3.3 Beyond the Individual
2.4 Using Moral Theories in Bioethics
2.4.1 Consequences
2.4.2 Rules
2.4.3 Virtue
2.4.4 Using Moral Theories as Critical Lenses
2.5 Justice and Inequality
2.5.1 Standard Approaches to Justice in Bioethics
2.5.2 Feminist Approaches
2.5.3 Bioethics and Disability
2.5.4 Bioethics and Race
2.5.5 Intersectionality
2.5.6 Structural and Epistemic Injustice
2.6 Conclusion
Further Reading
3 The Governance of the Health System
3.1 Introduction
3.2 The UK Health System
3.2.1 General Overview
3.2.2 Health Policymaking
3.2.3 Public Bodies
3.3 Devolution and Health
3.3.1 Historical Overview
3.3.2 Political Devolution and Health Competence
3.3.3 Funding
3.3.4 The Internal Market
3.4 England
3.4.1 Structure and Organisation
3.4.2 The NHS Constitution
3.4.3 Patient Safety and Quality Improvement
3.5 Northern Ireland
3.5.1 Structure and Organisation
3.5.2 Patient Safety and Quality Improvement
3.6 Scotland
3.6.1 Structure and Organisation
3.6.2 Patient Safety and Quality Improvement
3.7 Wales
3.7.1 Structure and Organisation
3.7.2 Patient Safety and Quality Improvement
3.8 Conclusion
Further Reading
4 The Regulation of Health and Social Care Professionals
4.1 Introduction
4.2 An Overview of the Regulation of Health and Social Care Professionals in the UK
4.2.1 Setting the Scene
4.2.2 Occupations and Jurisdictions
4.2.3 A Piecemeal Approach, but with Commonalities
4.3 Fitness to Practise Proceedings
4.3.1 Purpose and Common Features
Raising a Concern and Investigation
Interim Orders
Case Disposal: Final Panel Hearings and Other Approaches
Appeals
Case Law and a Note on Precedent Effect
4.3.2 Impairment of Fitness to Practise: an ‘Elusive Concept’
Statutory Framework
Case Law on Impairment
4.4 The Case of Dr Bawa-Garba
4.5 Sexual Misconduct and Dishonesty
4.5.1 Dishonesty
4.5.2 Sexual Misconduct
4.6 The Professional Duty of Candour
4.6.1 A Brief History
4.6.2 Two Duties of Candour
4.6.3 Identifying and Tackling Barriers to Embedding Candour
4.7 The Future of Professional Regulation
4.8 Conclusion
Further Reading
5 Health Resource Allocation
5.1 Introduction
5.2 Global Distribution of Resources
5.3 The Allocation of National Resources
5.4 Healthcare Economics
5.5 The Legal Situation
5.6 Allocation of Resources for the Individual
5.6.1 QALY and the Individual
5.6.2 The Responsibility of the Individual
5.7 Conclusion
Further Reading
6 Health Research and Innovation
6.1 Introduction
6.2 The Evolution of Rule-making
6.3 Conducting Health Research
6.3.1 Core Definitions and Distinctions
6.3.2 The Risks Involved
6.3.3 Governance of the Research Undertaking
6.3.4 Research Ethics Committees (RECs)
6.4 Randomised Controlled Trials
6.4.1 Randomisation
6.4.2 Research Participants and Inducements
6.4.3 Use of Placebos
6.5 Experimental Treatment
6.6 Research and Informed Consent
6.6.1 Practical Challenges with Consent
6.6.2 Research Involving People who Lack Capacity
6.7 The Unethical Researcher
6.8 Compensation for Personal Injury in Research
6.9 Research and Innovation
6.9.1 Human Tissue and Personal Data
6.9.2 Genetic/Genomic Research and Gene Editing
6.9.3 Artificial Intelligence
6.9.4 Brain Organoids
6.10 New Approaches to Research Governance
6.11 Conclusion
Further Reading
7 Public Health
7.1 Introduction
7.2 Covid-19: UK Public Health under Threat
7.2.1 Legal and Regulatory Preparedness and Responses
7.2.2 Social and Political Effects
7.3 Vaccination
7.3.1 Covid-19 Vaccines
7.3.2 Vaccination: Mandatory Versus Voluntary
7.3.3 Vaccine Damage Payment Scheme
7.4 Health Promotion: Improving the Health of the Community
7.4.1 General and International Context
7.4.2 UK Context
7.5 Health Protection: Handling Threats to the Community
7.5.1 General and International Context
7.5.2 UK Context
7.5.3 Disease Notification (HIV/AIDS)
7.6 Health Protection: the Criminal Law
7.7 Doctors, Health, and Public Security
7.8 Conclusion
Further Reading
8 Consent to Medical Treatment
8.1 Introduction
8.2 The Function of Consent
8.3 Standards of Care and Informed Consent
8.3.1 What Information Needs to be Disclosed?
8.3.2 The Standard of Care Cases
8.3.3 Post-Montgomery Case Law
8.3.4 Causation and Informed Consent
8.4 Lawful Treatment in Absence of Consent
8.4.1 The Unconscious Patient
8.4.2 Consent and Patients Assessed as Lacking Capacity
8.5 Refusal of Treatment by Capacitous Adults
8.5.1 Refusal of Treatment in Late Pregnancy
8.6 Conclusion
Further Reading
9 Children and Consent to Medical Treatment
9.1 Introduction
9.2 Key Legislation and the Role of the Courts
9.3 Gillick Competence
9.4 Refusal of Life-saving Medical Treatment
9.5 Religious Beliefs
9.6 Other Welfare Considerations
9.7 Gender Identity
9.8 Critically Ill Young Children
9.9 Children, Young People, and Human Rights
9.10 Conclusion
Further Reading
10 Mental Health Law
10.1 Introduction
10.2 The UK Legislative Framework: A Landscape Sketch
10.2.1 Treating Mental Health Problems
10.2.2 Decision Making for Adults who Lack Capacity
10.2.3 A Fusion Approach
10.2.4 Regulatory Oversight
10.3 Key Concepts and Principles
10.3.1 Protection, Risk, and Dangerousness
10.3.2 Autonomy, Empowerment, and Liberty
10.3.3 Vulnerability
10.4 Compulsory Treatment
10.4.1 What is a Mental Disorder?
10.4.2 Admission for Assessment and Treatment
10.4.3 What Treatment can be Given?
General Treatment in Detention
Safeguarded Treatments
10.4.4 Compulsory Community Treatment
10.4.5 Support During Detention
Family and Friends
Advocacy
10.4.6 Ending Compulsory Care
10.5 Mental Health and Capacity
10.5.1 What is Capacity?
10.5.2 How are Decisions Made?
Medical Treatment
10.5.3 Court Proceedings under the MCA 2005
Life-threatening Situations
Reproductive Decisions
Sexual Relations
10.6 Mental Health Law and Human Rights
10.6.1 Deprivation of Liberty and Article 5
What Does it Mean to be Deprived of Liberty?
Informal Treatment
The Deprivation of Liberty Safeguards (DoLS) Scheme under the MCA 2005
Cheshire West and the ‘Acid Test’
The Implications of Cheshire West
10.6.2 UN Convention on the Rights of Persons with Disabilities
10.7 Reform
10.8 Conclusion
Further Reading
11 Medical Confidentiality and Data Protection
11.1 Introduction
11.2 The Contours of the Landscape
11.3 Operation of Data Protection Law
11.4 The Duty of Confidence and its Exceptions
11.4.1 Disclosure Required or Restricted by Law
11.4.2 Consent
11.4.3 Public Interest
11.5 Tort of Misuse of Private Information
11.6 Privacy and Confidentiality in Medical Research
11.7 Patient Access to Medical Records
11.8 The Remedies
11.9 Confidentiality and Death
11.10 Conclusion
Further Reading
12 Clinical Negligence
12.1 Introduction
12.2 The Basis of Liability for Clinical Negligence
12.3 Bringing a Claim in Clinical Negligence
12.3.1 Duty of Care
12.3.2 Breach of the Duty of Care
12.3.3 Causation
12.4 Types of Negligence Claims
12.4.1 Diagnosis
12.4.2 Treatment
12.4.3 Protecting Patients from Themselves
12.5 Wrongful Conception, Birth, and Life
12.5.1 Wrongful Conception
12.5.2 Wrongful Birth
12.5.3 Wrongful Life
12.6 Specific Cases
12.6.1 The Problem of the Novice
12.6.2 Innovative Techniques
12.6.3 Complementary Medicine
12.6.4 Res Ipsa Loquitur
12.7 Criminal Negligence
12.8 Alternatives to Clinical Negligence Litigation
12.9 Conclusion
Further Reading
13 Organ Donation for Transplantation
13.1 Introduction
13.2 Key Legislation and Organisations
13.3 Diagnosis of Death and Organ Donation
13.3.1 Donation After Brain Stem Death
13.3.2 Donation After Circulatory Death
13.4 Deceased Organ Donation
13.4.1 Deemed Consent/Authorisation
13.4.2 Directed Deceased Organ Donation
13.5 Living Organ Donation
13.5.1 Living Organ Donors who Lack Capacity
13.5.2 Types of Living Organ Donation
13.5.3 Trade and Commerce
13.5.4 Ethical Issues
13.6 Xenotransplantation
13.7 Conclusion
Further Reading
14 The Body as Property
14.1 Introduction
14.2 Key Terms
14.3 Key Concepts
14.4 Models of Property in Human Tissue
14.5 Trade and Property in Human Tissue
14.6 Property in Human Material: UK Case Law
14.6.1 Reproductive Material
14.6.2 The Dead Body
14.7 Intellectual Property in Human Tissue
14.8 Conclusion
Further Reading
15 Contraception and Abortion
15.1 Introduction
15.2 The Concept of Personhood
15.3 Contraception
15.3.1 Contraception and Risk
15.3.2 Contraception and Minors
15.3.3 Contragestation
15.4 Sterilisation
15.4.1 Non-Consensual Sterilisation and the Right to Reproduce
Non-consensual Sterilisation of Women
Non-consensual Sterilisation of Men
15.5 Termination of Pregnancy
15.5.1 The Evolution and State of British Abortion Law
Offences Against the Person Act 1861
The Abortion Act 1967
15.5.2 Abortion and Persons Held to Lack Capacity
15.5.3 Reduction of Multiple Pregnancies
15.5.4 Northern Ireland
15.5.5 Republic of Ireland
15.5.6 Termination of Pregnancy and the Non-Gestational Parent
15.5.7 The Carer’s Role and Conscientious Objection
15.6 Foetal Research and Experimentation
15.6.1 Sources of Foetal Material and the Problems of Consent
15.6.2 The Dead Foetus and Foetal Materials
15.7 Conclusion
Further Reading
16 Assisted Reproduction
16.1 Introduction
16.2 Regulating Assisted Reproduction in the UK
16.2.1 The Human Fertilisation and Embryology Authority
16.2.2 Access to Assisted Reproductive Technologies
Funding
Screening
Conscientious Objection
The Welfare of the Child
16.3 Artificial Insemination
16.4 The Regulation of Gametes and Embryos for Reproduction
16.4.1 Gamete Donation
Egg Donation
Donor Information
16.4.2 Consent to Use of Gametes and Embryos
Posthumous use of Gametes and Embryos
16.4.3 Selecting Embryos
Preimplantation Genetic Diagnosis
‘Non-medical’ Selection of Embryos
16.4.4 Storing Gametes and Embryos
16.4.5 Disposal of Gametes and Embryos
The Surplus Embryo
Disputes over Frozen Embryos
16.5 Surrogacy
16.5.1 Surrogacy Regulated under the 1985 Act
Permissible but not Enforceable
No Commercialisation
16.5.2 Law Reform and Surrogacy
16.6 Assisted Reproduction and Parentage
16.6.1 ‘The Mother’
16.6.2 ‘The Father’
16.6.3 Posthumous Parenthood
16.6.4 Parentage and Surrogacy
Parental Orders and Conditions
The Adoption Regime
16.7 Embryo Research
16.7.1 The Moral Status of the Human Embryo
16.7.2 Sources of Embryos for Research
16.7.3 The Legal Response
16.7.4 Embryonic Stem Cell Research
16.8 The Future of Assisted Reproduction
16.8.1 Mitochondrial Replacement Therapy (MRT)
16.8.2 Uterus Transplantation
16.9 Conclusion
Further Reading
17 Withholding and Withdrawing Medical Treatment from Adults
17.1 Introduction
17.2 The Ending of Mr Burke’s Life
17.3 Futility: Different for Adults
17.4 The Patient in the Permanent Vegetative State
17.5 The English Cases
17.5.1 The Principle of ‘Double Effect’
17.5.2 Terminal Sedation
17.5.3 English PVS Cases after Bland
17.5.4 The Direction of Travel for Prolonged Disorders of Consciousness
17.6 Advance Decisions to Refuse Treatment
17.7 The Position in Scotland
17.7.1 A Different Jurisdiction
17.7.2 Parens Patriae May be Here not There
17.7.3 Similarities with Re Y?
17.8 Treatment Withdrawal in PVS: Euthanasia by Another Name?
17.9 Conclusion
Further Reading
18 Euthanasia and Assisted Suicide
18.1 Introduction
18.2 A Classification of Assisted Dying
18.3 Health Carers as a Distinct Group
18.4 Non-Voluntary Termination of Life
18.4.1 Non-treatment at the End of Life
18.5 Patients with Capacity
18.5.1 Activity and Passivity in Assisted Dying
18.6 Dying as an Expression of Patient Autonomy
18.6.1 Refusal of Treatment
The Advance Directive
18.6.2 Suicide and Assisted Suicide
18.6.3 Seeking Advice on a Section 2(1) Application
Direct Intervention: Taking the Fatal Action
Indirect Intervention: Suicide and Medical Tourism85
18.6.4 Physician-assisted Suicide
Progressive (or Incurable) Neurological Disease
18.6.5 The Doctor as the Agent of Death
Homicide or Humanity?
Assistance or Accomplishment?
18.7 Assisted Dying in Practice
18.7.1 The Dutch and Continental European Experience
18.7.2 The Changing Landscape in North America
18.7.3 The Position in the UK218
18.8 Conclusion
Further Reading
Index
List of Illustrations
List of Tables
Images
3 The Governance of the Health System
4 The Regulation of Health and Social Care Professionals
18 Euthanasia and Assisted Suicide