Legal and Ethical Aspects of Healthcare 1st Edition by Sheila Mclean ISBN B01K8ZK3CQ 9780511192678
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ISBN 10: B01K8ZK3CQ
ISBN 13: 9780511192678
Author: Sheila Mclean
Legal and Ethical Aspects of Healthcare 1st Table of contents:
1 ABOUT MEDICINE AND THE LAW
LEGAL INTERVENTION IN MEDICINE
Divisions of the legal system
PROFESSIONAL DISCIPLINE
The General Medical Council
Controlling bodies for other healthcare professions
The Council for the Regulation of Healthcare Professionals
Statutory control of the healthcaring professions
THE DOCTOR AND THE NATIONAL HEALTH SERVICE
THE LEGAL SYSTEM IN PRACTICE
The courts in practice
And who pays for it?
CASES REFERRED TO IN THE TEXT
FURTHER READING
2 RESOURCES ? WHO DECIDES?
DUTIES OF THE SECRETARY OF STATE
Health Authorities and Health Boards
OVERSEEING THE AUTHORITIES? DECISIONS
An American experiment
GOVERNANCE
AT THE COAL-FACE: THE PATIENT AND THE DOCTOR
CONCLUSION
CASES REFERRED TO IN THE TEXT
FURTHER READING
3 THE CONFIDENTIAL RELATIONSHIP
MEDICAL ETHICS
CONFIDENTIALITY AND THE LAW
CONFIDENTIALITY AND THE HEALTHCARE PROFESSIONS
The patient consents
Sharing information within the healthcare team
Disclosure to insurance companies and employers
Disclosure in the patient?s best interests
CONFIDENTIALITY AND THE CHILD
CONFIDENTIALITY WITHIN THE FAMILY
THE PATIENT IN DANGER
DISCLOSURE BEYOND THE HEALTHCARE ENVIRONMENT
Disclosure to the police
MEDICAL CONFIDENTIALITY AND THE LEGAL PROCESS
The public interest
THE PATIENT?S RIGHTS
CONCLUSION
CASES MENTIONED IN THE TEXT
FURTHER READING
4 THE THERAPEUTIC PARTNERSHIP
THE COMPETENT ADULT PATIENT
Arguments against full disclosure
Arguments in favour of disclosure
PATIENT AUTONOMY, ETHICS AND THE LAW
How much information should have been disclosed?
What test is to be applied?
Proving harm
CHILDREN AND YOUNG PERSONS
The mature minor
England and Wales
Scotland
THE INCOMPETENT ADULT
CONCLUSION
CASES REFERRED TO IN THE TEXT
FURTHER READING
5 REFUSAL OF CONSENT
REFUSAL BASED ON PRINCIPLE
REFUSAL ON PERSONAL GROUNDS
REFUSAL IN THE COURSE OF PREGNANCY
REFUSAL OF FOOD
Hunger strikes
Anorexia nervosa
CHILDREN AND REFUSAL OF TREATMENT
England and Wales
Scotland
MENTAL DISABILITY AND REFUSAL OF TREATMENT
ADVANCE DIRECTIVES
CONCLUSION
CASES REFERRED TO IN THE TEXT
FURTHER READING
6 MEDICAL NEGLIGENCE
THE COMPLAINTS PROCEDURE
LITIGATION
Duty of care
Breach of duty
Causation
POLICY CONSIDERATIONS
WHO WILL BE SUED?
CRIMINAL NEGLIGENCE
ALTERNATIVE SYSTEMS OF LIABILITY
Vaccine damage
Liability for defective products
CONCLUSIONS
CASES REFERRED TO IN THE TEXT
FURTHER READING
7 USING PEOPLE FOR RESEARCH
THE DECLARATION OF HELSINKI
Consent
Research and the legally incompetent
THE NATURE OF RESEARCH
Non-therapeutic research
Therapeutic research
THE DESIGN OF RESEARCH
WHO CONTROLS RESEARCH?
WHAT HAPPENS IF HARM RESULTS FROM RESEARCH?
MEDICAL EXPERIMENTATION
THE FUTURE
GENETIC SCREENING AND TESTING
GENE THERAPY
CONCLUSIONS
CASES REFERRED TO IN THE TEXT
FURTHER READING
8 ASSISTED REPRODUCTION
CAUSES OF CHILDLESSNESS
Causes in the man
Causes of infertility in the woman
TREATMENTS FOR CHILDLESSNESS
Treatments for abnormalities in the male
Treatments for abnormalities in the female
THE HUMAN FERTILISATION AND EMBRYOLOGY ACT 1990
SOME SPECIFIC MEDICO-LEGAL ASPECTS OF ASSISTED REPRODUCTION
Artificial insemination by husband or partner
Insemination by donor
The donor
The clinic
The would-be parents
The resultant child
Ovum donation
The donor
The recipient
The technique
Embryo donation
IN VITRO FERTILISATION
The Code of Practice
The status of the embryo
SURROGATE MOTHERHOOD
CONCLUSION
CASES REFERRED TO IN THE TEXT
FURTHER READING
9 GENETICS AND PREGNANCY
GENETICS AND REPRODUCTIVE CHOICES
DESIGNER BABIES?
INTERGENERATIONAL JUSTICE
GENETICS, PREGNANCY AND THE LAW
Wrongful birth and wrongful life
The child
The parents
INTERVENTIONS BEFORE BIRTH
England and Wales
Scotland
CONCLUSION
CASES REFERRED TO IN THE TEXT
FURTHER READING
10 TERMINATION OF PREGNANCY
FOETAL INTERESTS
WOMEN?S RIGHTS
THE LAW ON ABORTION IN THE UNITED KINGDOM
England and Wales
Scotland
Northern Ireland
THE ABORTION ACT 1967
A legal duty to terminate pregnancy?
Reduction of multiple pregnancy
OTHER PEOPLE?S INTERESTS
The conscientiously objecting professional
The father
PREGNANCY IN CHILDREN AND THOSE WHO ARE INCOMPETENT
THE FUTURE
CASES REFERRED TO IN THE TEXT
FURTHER READING
11 GENETICS, INSURANCE AND EMPLOYMENT
GENETICS AND INSURANCE
How relevant is health-related information?
Predictive and actuarial value of genetic information
GENETICS AND EMPLOYMENT
The current position
Pre-employment genetic screening
Discrimination
A right not to know?
Testing/screening in employment
Health, safety and employment
CONCLUSION
CASES REFERRED TO IN THE TEXT
FURTHER READING
12 IS LIFE WORTH LIVING?
SELF-KILLING OR SUICIDE
DEATH IN THE MEDICAL CONTEXT
The persistent (or permanent) vegetative state (PVS)
EASING THE PASSING
WITHHOLDING AND WITHDRAWING TREATMENT
The concept of futility
Do not resuscitate orders (DNRs)
Withholding treatment and age
The elderly
The severely ill neonate
Withdrawal of ventilator support
PATIENTS? RIGHTS
Assisting someone to die
ACTIVE EUTHANASIA
The Netherlands
CONCLUSION
CASES REFERRED TO IN THE TEXT
FURTHER READING
13 DISPOSAL OF THE BODY AND BODY PARTS
LEGAL CONTROL OF THE BODY
DISPOSAL OF ORGANS AND TISSUES FROM THE BODIES OF THE DEAD
DISPOSAL OF PARTS OF THE LIVING BODY
Moore v Regents of the University of California (1990)
ORGAN REPLACEMENT THERAPY
LIVING DONATION OF ORGANS
The legal constraints
Ethical aspects
CADAVERIC DONATION
The rationale of brain-stem death
Cadaveric donation and the law
THE SHORTAGE OF ORGANS
THE USE OF ANIMAL ORGANS
CONCLUSION
CASES REFERRED TO IN THE TEXT
FURTHER READING
14 SEX, GENDER AND THE LAW
THE DIAGNOSIS OF SEX
TRANSSEXUALISM
Transsexual marriage
Transsexualism and Europe
Transsexualism and the family
Transsexualism and employment
CONCLUSION
CASES REFERRED TO IN THE TEXT
FURTHER READING
15 MENTAL HEALTH AND MENTAL CAPACITY
Definition of mental disorder
The problem of the psychopath
Premature release into the community
Changes for the future
TREATMENT OF THE MENTALLY DISORDERED
CAPACITY
Capacity in the adult
STERILISATION OF THE INCAPACITATED
CONCLUSION
CASES REFERRED TO IN THE TEXT
FURTHER READING
16 THE LAW AND THE ELDERLY
ARRANGEMENTS FOR LIVING
Money, money, money!
LIVING WITH THE FAMILY
?I WANT TO BE ALONE?
MEDICAL TREATMENT AND THE ELDERLY
DISPOSAL OF THE DEAD
Death certification
Burial
Cremation
CASES REFERRED TO IN THE TEXT
FURTHER READING
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