Mason and McCall Smith's Law and Medical Ethics

Overview

"This classic textbook has provided students of medical law and ethics with a framework for exploring this fascinating subject for over 25 years. Providing coverage of all of the medical law courses, it gives an overview of the inter-relationship between ethical medical practice and the law. The authors, both hugely experienced and influential in the field, offer their own opinions on current debates and controversies thereby enabling you to formulate your own views and arguments" "As a developing discipline, medical law is significantly shaped ...

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Overview

"This classic textbook has provided students of medical law and ethics with a framework for exploring this fascinating subject for over 25 years. Providing coverage of all of the medical law courses, it gives an overview of the inter-relationship between ethical medical practice and the law. The authors, both hugely experienced and influential in the field, offer their own opinions on current debates and controversies thereby enabling you to formulate your own views and arguments" "As a developing discipline, medical law is significantly shaped by the courts; this book provides extensive coverage and insight into the recent judicial decisions as well as statutory developments. This edition continues to take a comparative approach with a specific chapter on the European dimension in health care and the particular importance attached to the shift in influence from transatlantic jurisdictions to those of the EU. As in previous editions copious use is made of the Acts of the Scottish Parliament and of Scots common law where they are of benefit in a UK context." "This book has continually evolved to reflect changes in the law and shifting ethical opinions, and has been restructured to better reflect teaching practices. The eighth edition is essential reading for any serious medical law student or practitioner, as well as being of interest to all those involved in the delivery, and control of modern healthcare." "New To This Edition" "-Updated coverage including all the latest statute law; Human Tissue and Mental Health Acts" "-Coverage of new medical law cases including R(on the application of Debbie Purdy) v DPP [2009]" -Thorough discussion of the revisions to the Human Fertilization and Embryology Act.

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Product Details

  • ISBN-13: 9780199659906
  • Publisher: Oxford University Press, USA
  • Publication date: 7/24/2013
  • Edition number: 9
  • Pages: 736
  • Product dimensions: 6.70 (w) x 9.60 (h) x 1.50 (d)

Meet the Author

Kenyon Mason is Professor (Emeritus) of Forensic Medicine and Honorary Fellow of the School of Law at the University of Edinburgh. Graeme Laurie is Professor of Medical Jurisprudence and Co-Director of the Arts and Humanities Research Center for Studies in Intellectual Property and Technology Law at the University of Edinburgh.

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Table of Contents

Preface

Table of Cases

Table of Statutes

Table of European and International Instruments

Table of Statutory Instruments

1 Medical Ethics And Medical Practice 1

A basis for medical ethics 2

The organisation of modern medicine 12

Public relations 23

Legal intervention in medicine 24

The doctor's position 26

2 Public Health And The State patient Relationship 29

Handling health threats to the community 31

Health promotion: The issues 37

The darker sides of medicine 38

The impact of human rights on medical law 41

3 Health Rights And Obligations In The European Union 48

Introduction Miriam Aziz Aziz, Miriam 48

The European market for health Miriam Aziz Aziz, Miriam 48

Health care policy in the EU Miriam Aziz Aziz, Miriam 49

Rights and access to health care in the EU Miriam Aziz Aziz, Miriam 54

Cross-border access to health care in the EU Miriam Aziz Aziz, Miriam 57

Ethics in science and new technologies in the EU Miriam Aziz Aziz, Miriam 62

4 Consent To Treatment Miriam Aziz Aziz, Miriam 64

Introduction Miriam Aziz Aziz, Miriam 64

The limits to consent Miriam Aziz Aziz, Miriam 65

Refusal of treat by adults Miriam Aziz Aziz, Miriam 87

Consent and its social consequences Miriam Aziz Aziz, Miriam 99

Proceeding without consent: The consequences Miriam Aziz Aziz, Miriam 104

The negligence action and the vagaries of information disclosure Miriam Aziz Aziz, Miriam 106

5 Liability For Medical Injury Miriam Aziz Aziz, Miriam 122

Compensation for injury Miriam Aziz Aziz, Miriam 123

The basis of medical liability Miriam Aziz Aziz, Miriam 129

What constitutes negligence Miriam Aziz Aziz, Miriam 132

The problem of the novice Miriam Aziz Aziz, Miriam 148

Protecting patients from products Miriam Aziz Aziz, Miriam 149

Protecting patients from themselves Miriam Aziz Aziz, Miriam 152

Res ipsa loquitur Miriam Aziz Aziz, Miriam 154

Operational failures Miriam Aziz Aziz, Miriam 156

Causation Miriam Aziz Aziz, Miriam 157

Injuries caused by medical products or devices Miriam Aziz Aziz, Miriam 163

Criminal negligence Miriam Aziz Aziz, Miriam 167

6 Medical Confidentiality Miriam Aziz Aziz, Miriam 172

What is the current state of play? Miriam Aziz Aziz, Miriam 172

Relaxation of the rule Miriam Aziz Aziz, Miriam 177

Confidentiality and the legal process Miriam Aziz Aziz, Miriam 197

Patient access to medical records Miriam Aziz Aziz, Miriam 201

Confidentiality and death Miriam Aziz Aziz, Miriam 206

7 Genetic Information And The Law Miriam Aziz Aziz, Miriam 209

Genetics: The science and challenges Miriam Aziz Aziz, Miriam 209

Genetic counselling and fetal testing for genetic disease Miriam Aziz Aziz, Miriam 212

Legal and ethical responses to the 'familial' nature of genetics Miriam Aziz Aziz, Miriam 219

Individual and family interests in genetic information Miriam Aziz Aziz, Miriam 220

Other parties' interests in genetic information Miriam Aziz Aziz, Miriam 228

Research involving genetic material Miriam Aziz Aziz, Miriam 238

The state interest in genetic information Miriam Aziz Aziz, Miriam 240

Gene therapy Miriam Aziz Aziz, Miriam 243

Cloning Miriam Aziz Aziz, Miriam 246

8 The Management Of Infertility And Childlessness Miriam Aziz Aziz, Miriam 250

The control of assisted reproduction in the United Kingdom Miriam Aziz Aziz, Miriam 251

Insemination Miriam Aziz Aziz, Miriam 254

The infertile or childless woman Miriam Aziz Aziz, Miriam 266

Surrogate motherhood Miriam Aziz Aziz, Miriam 283

9 The Control Of Fertility Miriam Aziz Aziz, Miriam 296

The concept of personhood Miriam Aziz Aziz, Miriam 297

Contraception Miriam Aziz Aziz, Miriam 299

Contragestation Miriam Aziz Aziz, Miriam 302

Sterilisation Miriam Aziz Aziz, Miriam 303

Termination of pregnancy Miriam Aziz Aziz, Miriam 313

10 Civil And Criminal Liability In Reproductive Medicine Miriam Aziz Aziz, Miriam 338

The uncovenanted child: The action for wrongful pregnancy Miriam Aziz Aziz, Miriam 339

Reproductive counselling and negligence: The action for wrongful birth Miriam Aziz Aziz, Miriam 352

Wrongful (or diminished) life actions Miriam Aziz Aziz, Miriam 358

Wrongful injury to the fetus and feticide Miriam Aziz Aziz, Miriam 369

11 Health Resources And Dilemmas In Treatment Miriam Aziz Aziz, Miriam 376

Global distribution of resources Miriam Aziz Aziz, Miriam 377

The allocation of national resources Miriam Aziz Aziz, Miriam 378

Treatment of the individual Miriam Aziz Aziz, Miriam 389

12 Treatment Of The Aged Miriam Aziz Aziz, Miriam 401

Autonomy and paternalism in the treatment of the aged Miriam Aziz Aziz, Miriam 402

Care of the elderly in the future Miriam Aziz Aziz, Miriam 420

Dying from old age Miriam Aziz Aziz, Miriam 421

13 Mental Health And Human Rights Miriam Aziz Aziz, Miriam 423

The evolution of mental health law Miriam Aziz Aziz, Miriam 423

Controlling treatment Miriam Aziz Aziz, Miriam 424

Human rights and mental disorder Miriam Aziz Aziz, Miriam 433

Mental health, criminal and civil liability Miriam Aziz Aziz, Miriam 441

14 The Body As Property Miriam Aziz Aziz, Miriam 447

Should there be property in human material? Miriam Aziz Aziz, Miriam 447

Property in cadavers and cadaver tissues Miriam Aziz Aziz, Miriam 462

Intellectual property law and the human body Miriam Aziz Aziz, Miriam 466

Conclusion Miriam Aziz Aziz, Miriam 474

15 Medical Futility Miriam Aziz Aziz, Miriam 475

Part 1: The Beginning of Life Miriam Aziz Aziz, Miriam 475

The concept of medical futility Miriam Aziz Aziz, Miriam 476

Part 2: The End of Life Miriam Aziz Aziz, Miriam 500

The patient in the permanent vegetative state Miriam Aziz Aziz, Miriam 502

The best interests test Miriam Aziz Aziz, Miriam 514

Are we being honest? Miriam Aziz Aziz, Miriam 517

'Do not resuscitate' orders Miriam Aziz Aziz, Miriam 520

16 The Diagnosis Of Death Miriam Aziz Aziz, Miriam 521

Concepts of death Miriam Aziz Aziz, Miriam 521

The medico-legal effects of applying brain stem death criteria Miriam Aziz Aziz, Miriam 528

17 The Donation Of Organs And Transplantation Miriam Aziz Aziz, Miriam 534

Technical aspects of transplantation Miriam Aziz Aziz, Miriam 534

The living donor Miriam Aziz Aziz, Miriam 538

Cadaver donations Miriam Aziz Aziz, Miriam 547

The fetus or neonate as a transplant donor Miriam Aziz Aziz, Miriam 560

18 Euthanasia And Assistance In Dying Miriam Aziz Aziz, Miriam 565

A classification of assisted dying Miriam Aziz Aziz, Miriam 566

Termination of life without consent Miriam Aziz Aziz, Miriam 568

Non-voluntary termination of life Miriam Aziz Aziz, Miriam 570

The capable patient Miriam Aziz Aziz, Miriam 581

Assisted dying in practice Miriam Aziz Aziz, Miriam 601

19 Biomedical Human Research And Experimentation Miriam Aziz Aziz, Miriam 610

Ethical codes and legal instruments in human biomedical research Miriam Aziz Aziz, Miriam 611

What is research? Miriam Aziz Aziz, Miriam 612

Randomised controlled trials Miriam Aziz Aziz, Miriam 620

Experimental treatment Miriam Aziz Aziz, Miriam 627

Informed consent and the (in)competent research subject Miriam Aziz Aziz, Miriam 629

The unethical researcher Miriam Aziz Aziz, Miriam 633

Compensation for personal injury in research Miriam Aziz Aziz, Miriam 637

Research involving human tissue and personal data Miriam Aziz Aziz, Miriam 637

New approaches to research governance Miriam Aziz Aziz, Miriam 640

20 Research On Children, Fetuses, And Embryos Miriam Aziz Aziz, Miriam 642

Non-therapeutic research on children Miriam Aziz Aziz, Miriam 643

Therapeutic research on children Miriam Aziz Aziz, Miriam 649

Fetal research and experimentation Miriam Aziz Aziz, Miriam 652

Embryos and embryonic stem cell research Miriam Aziz Aziz, Miriam 657

Appendix A The Hippocratic Oath Miriam Aziz Aziz, Miriam 665

Appendix B Declaration of Geneva Miriam Aziz Aziz, Miriam 666

Appendix C Declaration of Tokyo, 1975 Miriam Aziz Aziz, Miriam 667

Appendix D Declaration of Helsinki Miriam Aziz Aziz, Miriam 669

Index Miriam Aziz Aziz, Miriam 675

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