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Cover Medical Law

1. An Introduction to Bioethics  

This chapter provides an introduction to bioethical reasoning. Borrowing from different traditions in moral philosophy, bioethics offers a variety of ways to resolve and think through medical and ethical dilemmas.

Chapter

Cover Medical Law and Ethics

1. Ethics and Medical Law  

This chapter discusses various aspects of ethics and medical law. It begins with a definition of medical law. It then covers the nature of illness, the scope of medicine, the sociological impact of being ill, UK health statistics, and general ethical principles. This is followed by discussions of the notion of rights; patients’ obligations; principlism; hermeneutics; casuistry; feminist medical ethics; care ethics; virtue ethics; and communitarian ethics. It also explains the role of theology, relativism, and pragmatism in medical ethics. The chapter also explores the links between ethics and law. It cannot be assumed that because something is unethical it must be unlawful, nor that everything unlawful is necessarily unethical.

Chapter

Cover Medical Law and Ethics

3. Medical Negligence  

This chapter examines the legal and ethical aspects of medical negligence. It begins with an overview of the law and medical malpractice. It then discusses the law of negligence; the law of contract; medical malpractice litigation in practice; legal costs; the perception that medical negligence litigation is unsatisfactory; the NHS Redress Act 2006; the ‘no fault’ scheme; and the law governing medicines. The law in this area seeks to strike a balance between ensuring patients receive compensation if they have been harmed as a result of bad treatment, and allowing doctors professional freedom to determine which treatment is most appropriate for a particular condition.

Chapter

Cover Mason and McCall Smith's Law and Medical Ethics

13. Treatment of the Aged  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

This chapter discusses some of the ethical and legal issues associated with the very difficult practice of treating the elderly, grounding the discussion in the tension between autonomy and paternalism. It is emphasised that this complex and fragmented field is still undergoing significant regulatory changes as a result of the Care Act 2014, the Social Services and Well-being (Wales) Act 2014, and the Public Bodies (Joint Working) (Scotland) Act 2014. It also covers the elder incapax and dying from old age.

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17. The Diagnosis of Death  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

This chapter begins with a discussion of concepts of death. It considers the mostly philosophical arguments against the use of the term ‘brain death’ as applied to the person and then explains the medico-legal effects of applying brainstem death criteria. The chapter also discusses post-mortem pregnancy.

Chapter

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18. The Donation of Organs and Transplantation  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

This chapter discusses ethical and legal aspects of organ transplantation. After reviewing the technical criteria—or biological hurdles—associated with transplantation, and the two primary types of transplantation (i.e., homotransplantation and xenotransplantation), it explores the regulatory framework and types of donors in the living donor context, and the same for the cadaveric donor. It also looks briefly at neonates and foetal donors, donations for the aged, and reconstructive transplants.

Chapter

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6. Medical Confidentiality  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

This chapter discusses ethical and legal aspects of medical confidentiality. It covers the relationship between confidentiality and data protection law; the possible exceptions to the confidentiality rule; confidentiality and the legal process; confidentiality for the purposes of medical research; patient access to medical records; remedies for breach of confidentiality; and confidentiality and death.

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10. Ethico-Legal Issues Affecting Children  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

This chapter examines a range of ethico-legal issues as the impact on children. The focus is one consent of mature minors, and the limits therefore, and also on the range of rights and responsibilities relating to children concerning protection of the ir personal data. The chapter then discusses ethical and legal aspects of non-therapeutic research on children; therapeutic research on children; foetal research and experimentation; and embryos and embryonic stem cell research.

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Cover Medical Law and Ethics

4. Consent to Treatment  

This chapter examines the legal and ethical aspects of treating a patient without consent. It considers the meaning of ‘consent’ and the position of patients who lack the capacity to consent. For children who lack capacity, consent involves a delicate balance between the rights of the children and those of their parents. For adults lacking capacity, the Mental Capacity Act 2005 has emphasized the ‘best interests’ test, but has largely left open the question of how a person’s best interests are to be ascertained. The chapter also considers what weight should be attached to advance decisions (sometimes called living wills).

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Cover Mason and McCall Smith's Law and Medical Ethics

1. Medical Ethics and Medical Practice  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

This chapter discusses the following: the ethical basis for the practice of medicine; the organisation of modern medicine; the importance of the relationship between the medical profession and the public; legal intervention in medicine; and the doctor’s position.

Chapter

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5. Liability for Medical Injury  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

This chapter discusses ethical and legal aspects of medical liability. It covers compensation for injury; the basis of medical liability; what constitutes negligence; the problem of the novice; protecting patients from products; protecting patients from themselves; the doctrine of res ipsa loquitur; operational failures; causation; injuries caused by medical products or devices; and criminal negligence.

Book

Cover Medical Law Concentrate
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Medical Law Concentrate provides a study and revision guide aiming to cover the essential aspects of this rapidly changing field of law. Topics covered include: the contemporary healthcare environment; medical negligence; consent; confidentiality; and access to medical records. The volume also looks at abortion and prenatal harm, assisted reproduction, clinical research, and organ transplantation. Finally, it covers mental health law and the end-of-life decisions. The work is underpinned by reference to statutory provisions and the common law. Where appropriate, pertinent bioethical and moral principles that often underpin the law in this area are discussed, as well as the influence of quasi-law. Reference is made to key points of comparison with other jurisdictions, as well as some socio-legal considerations.

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Cover Medical Law

10. Clinical Research  

This chapter first summarizes the rules governing experiments on animals. It then examines international codes of research ethics and the UK’s regulatory system; the role of ethics committees in authorizing and monitoring research; whether the benefits and burdens of research participation are evenly distributed; conflicts of interests and publication ethics; and compensation for injuries sustained as a result of participation in research.

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Cover Medical Law and Ethics

6. Mental Health Law  

This chapter first considers statistics on mental health in the UK. It then discusses the Mental Health Act (MHA) 1983; the MHA 1983 Code of Practice; reforms to the law under the 2007 Act; problems in mental health practice; critics of mental health; and paternalism as the ground for detention. It highlights the difficulty in striking the correct balance between protecting the public from the perceived threat of mentally disordered people and protecting the rights of those who suffer mental illness. The chapter also illustrates how the principle of autonomy, which plays such an important role in medical law and ethics, is given much less prominence in the area of mental health law.

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14. Mental Health and Human Rights  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

This chapter discusses ethical and legal aspects of mental health and its management. It covers the evolution of mental health law, paternalism and capacity, and the treatment framework, which includes standards for informal treatment and compulsory treatment, and safeguards of liberty. It also addresses a range of issues from the human rights perspective, and mental disorders and criminality, as well as civil liability.

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15. The Body as Property  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

This chapter examines the question of the limits set on our right to control our bodies or parts thereof. This debate has centred on the very important issue of our relationship with our body, and the status of the body, which has most recently been shaped by ideas of property. The chapter considers three aspects of that debate: property in material taken from living persons; property in material taken from cadavers; and the granting of intellectual property rights in human material.

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2. Public Health and the State–Patient Relationship  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

This chapter orients medical law in the broader context of public and community health, emphasising the human rights components of health promotion, health protection and the management of threats to the community through a variety of legal frames, as well as the role of physicians for good and ill.

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4. Consent to Treatment  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

This chapter discusses ethical and legal aspects of patient consent. It covers the limits to consent (including the context of the unconscious patient and adults lacking capacity); the refusal of treatment by capacitous adults and others; the consequences of proceeding without consent; and the negligence action and the vagaries of information disclosure.

Chapter

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8. The Management of Infertility and Childlessness  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

This chapter discusses ethical and legal aspects of managing infertility and childlessness. It addresses the control of assisted reproduction in the UK; insemination; the infertile or childless woman; and surrogate motherhood.

Chapter

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9. The Control of Fertility and Child Birth  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

This chapter discusses ethical and legal aspects of controlling fertility and birth. It addresses the highly contested concept of personhood, as well as contraception, contragestation, sterilisation, and termination of pregnancy, and the increasing use of conscientious objection by care givers.