Medical Law 1st Edition by Jonathan Herring – Ebook PDF Instant Download/Delivery:
9780191665899, 0191665894
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Product details:
ISBN 10: 0191665894
ISBN 13: 9780191665899
Author: Jonathan Herring
The Core Text Series takes the reader straight to the heart of the subject, providing a reliable and invaluable guide for students of law at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. Lively and engaging, Medical Law: Core Text covers the core topics of the medical law syllabus, presenting an overview of the key principles. Written in a clear, readily understandable way, Jonathan Herring provides a perceptive analysis, and an original and thought-provoking commentary to give students an excellent grounding in the subject. It seeks to engage undergraduate students at all levels, succinctly covering the core areas with clarity.
Medical Law 1st Table of contents:
1 Key ethical and legal principles
Introduction
Grand theories
Consequentialism
Deontology
An ethic of care
Applying the theories
Key ethical principles
Autonomy
The principle of non-malfeasance
The principle of beneficence
Justice
Balancing the principles
Intersecting medical ethics and law
CONCLUSION
FURTHER READING
SELF-TEST QUESTIONS
2 Rationing and delivery of health care
An introduction to rationing
Must we ration?
Who rations?
The law on rationing
European Union law
Judicial review
Analysis of the courts’ approach
Ethical approaches to rationing
The NHS Constitution
The structure of the NHS
The Care Quality Commission
Strategic Health Authorities
Primary Care Trusts (PCTs)
Special health authorities
Local authorities
NHS Trusts
General practitioners
The health/social care divide
The provider/purchaser distinction
Decentralization
Targets
Choice
CONCLUSION
FURTHER READING
SELF-TEST QUESTIONS
3 Medical negligence
Introduction
Legal wrongs
Criminal law
The law of the tort of negligence
The duty of care
Breach of the duty
Debates over Bolam
Causation
The burden of proof
Loss of a chance
Debates over the loss of a chance cases
Damages
Reduction of award
The problems with the current system
No-fault schemes for medical negligence
Regulation by professional bodies and the NHS
CONCLUSION
FURTHER READING
SELF-TEST QUESTIONS
4 Consent
Introduction: the requirement of consent
Is it ever permissible to treat a patient without consent?
The principle of autonomy
Who must consent?
What is consent?
Children
Where the court must determine disputes over treatment for children
The limits of consent?
Failure to provide information
What must be disclosed?
The right not to know
The treatment of those lacking capacity
Advance decision
Lasting powers of attorney (LPAs)
Deputies
Other carers
Limits on the power of decision-makers
Best interests
What is not to be considered when assessing best interests
Use of force
Ethical issues surrounding autonomy
CONCLUSION
FURTHER READING
SELF-TEST QUESTIONS
5 Confidentiality
Introduction
Equity
Human rights
Contract law
Tort law
Property
Criminal law
Statutory obligation
Professional regulation
Denying breach of confidentiality
Loss of confidentiality
Consent to disclosure
Anonymized information
Justification
Consent
Proper working of the hospital
A threat of serious harm to others
Assisting police investigations
Press freedom
Specific statutory provisions
Other public interests
Data protection
Keeping safe
Children and confidentiality
Dead patients
Access to records
Ethical arguments
CONCLUSION
FURTHER READING
SELF-TEST QUESTIONS
6 Regulation of abortion and pregnancy
Introduction
Contraception
The distinction between contraception and abortion
Contraception and children
Contraception and those lacking capacity
Sterilization
Adults lacking capacity
Tort and failed contraception
Abortion
The legal structure
The criminal offences
The Abortion Act 1967
Grounds for abortion
Legal actions to prevent abortion
Abortion and those lacking capacity
Debates on the abortion law
The legal status of the fetus
Abortion ethics
CONCLUSION
FURTHER READING
SELF-TEST QUESTIONS
7 Assisted reproduction
Introduction
Assisted reproduction
Activities which are unlawful
Activities only permitted with a licence
Activities which do not require a licence
The role of consent
Restrictions on access to treatment
Parentage
Mothers
Husbands and civil partners
Partners
Sperm donors
Comments on the allocation of parenthood
Donor anonymity
Surrogacy
What should the law on surrogacy be?
Preimplantation genetic diagnosis
Saviour siblings
Hybrids
Embryo research
Cloning
Genetic enhancement
Reproductive autonomy
CONCLUSION
FURTHER READING
SELF-TEST QUESTIONS
8 Organ donation and the ownership of body parts
Introduction: the Human Tissue Act 2004
When the Human Tissue Act 2004 applies
Storage without consent
Criminal offences under the Human Tissue Act
Organ donation
Living organ donors
Ethical issues
Organs from the dead
The distribution of organs
Ethical issues and reform
The wishes of the deceased
Selling organs
The body as property
Xenotransplantation
CONCLUSION
FURTHER READING
SELF-TEST QUESTIONS
9 Ending life
Introduction
The definition of death
The criminal law
Murder
Defences
Loss of control
Necessity
Manslaughter
Suicide
Refusal of treatment
The Human Rights Act 1998
Persistent vegetative state (PVS)
Other adults
Children
The ethical issues
CONCLUSION
FURTHER READING
SELF-TEST QUESTIONS
10 Mental health
Introduction
Admission under the Mental Health Act 1983
Section 2: admission for assessment
Section 4: emergency admission
Section 3: admission for treatment
Treatment
Codes of practice
Special regulation for brain surgery and electro-convulsive therapy
Discharge under the MHA
Community treatment order
Guardianship
Informal treatment
Dangerousness
Paternalism
Rejecting the justifications for the Mental Health Acts
The debates over the future of mental health care
Critics of mental health
Mental health and criminal liability
CONCLUSION
FURTHER READING
SELF-TEST QUESTIONS
11 Medical research
Introduction: background to the regulation of research
Experimental treatment or research?
Declaration of Helsinki
General legal principles
Research which is unlawful
Consent
Informed consent
Duress
Withdrawal
Payment
Research Ethics Committees (RECs)
Placebo
Research involving children
Incompetent adults
An obligation to participate?
CONCLUSION
FURTHER READING
SELF-TEST QUESTIONS
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