Principles Of Medical Law

Replete with references to primary sources and the secondary literature, this major undertaking provides a comprehensive exposition of English medical law, from the organization of health care to the legal meaning of death.

This book, written by the leading practitioners and academics in the field, is rapidly becoming recognized as the authoritative first point of reference for all medical law practitioners. Replete with references to primary sources and the secondary literature, this major undertaking providesa comprehensive exposition of English medical law, from the organisation of health care to the legal meaning of death.The book has been designed with the needs of the practitioner in mind while retaining a depth of analysis that will also find favour with an academic audience. The internal layout of the book has been specifically designed for ease of access, and it will be kept thoroughly up-to-date by way ofannual cumulative supplements compiled by the General Editors.The supplement brings the main work fully up to date to September 2000 and is included in the purchase price. Contents of the Third Supplement include, on the legislative front: the Health Act 1999 introducing a range of significant changes to the structure of the NHS, in particular, theintroduction of primary care services and 'clinical governance' arrangements in the NHS; and the Data Protection Act 1998 which came into force on 1 March 2000, introducing a new scheme for regulating the processing of, and access to, data including health information. Important judicial decisions include the House of Lords' decision in McFarlane v Tayside Health Board which has radically restricted 'wrongful conception' claims. There have been important decisions on the duty of confidentiality (ex p Source Informatics Ltd), the GMC's procedures for discipliningdoctors (ex p Toth) and a trio of Court of Appeal decisions exploring the scope of the declaratory jurisdiction over incompetent adults (Re A, Re S, and Re F).

This book offers a critical analysis of some of the guiding principles and assumptions that have been central to the development and identity of medical law. Focusing on several key cases in the field - including the 'Dianne Pretty' and 'Conjoined Twins' cases - the book scrutinizes the notions of autonomy and human rights, and explores the relationship between medical law and moral conflict. It also asks what role, if any, the courts might play in stimulating public debate about the ethics of controversial developments in medicine and biomedical science. This innovative book will be of interest to academics and students working in the areas of medical law, legal theory, bioethics and medical ethics. It will also appeal to those within the medical and health care professions seeking a critical analysis of the development and operation of medical law.

This is a short textbook of ethics and law aimed primarily at medical students. The book is in two sections. The first considers general aspects of ethics (in the context of medicine); the second section covers the topics identified in the 'consensus agreement'. The content of medical law is not intended to be comprehensive and relates very much to the ethical issues. The law will be updated throughout including: consent in light of Mental Capacity Act; mental health law in light of Mental Health Act; end of life (depending on outcome of Burke case and the passage of the Joffe Bill); assisted reproduction in light of expected changes in HFEA. New guidelines to be added: the guidelines and processes around medical research are under review and likely to develop and change; GMC guidelines are under continual revision (the Burke case in particular may have direct impact, but it is also likely that the confidentiality guidelines will undergo revision particularly in view of the increasing importance of genetic data). The new legal aspects outlined above will require some changes to the ethical analysis: the ethical issues of new technology will be included (cloning; transgenesis and chimera, i.e. forming organisms from more than one species) and stem-cells; resource allocation ethics is moving on to examining a wider range of issues than covered in the first edition and this will be discussed; the whole area of mental disorder and capacity to consent is an active area of ethical research and the second edition would cover some of this new work.

Medical law is a relatively new area of law. It draws on, and overlaps with, many other areas of law such as tort, family law, human rights and criminallaw. Apart from this hybrid legal basis it is also informed by bioethical theory. This book draws those elements together to form a comprehendible andsuccinct overview. The cases and other relevant material will be linked byshort comments that help to explain their legal relevance. A brief introductionto the ethical principles that govern the provision of healthcare will provide aframework for considering the issues that arise in the cases.

This book explores the scope, application and role of medical law, regulatory norms and ethics, and addresses key challenges introduced by contemporary advances in biomedical research and healthcare. While mindful of national developments, the handbook supports a global perspective in its approach to medical law. Contributors include leading scholars in both medical law and ethics, who have developed specially commissioned pieces in order to present a critical overview and analysis of the current state of medical law and ethics. Each chapter offers comprehensive coverage of longstanding and traditional topics in medical law and ethics, and provides dynamic insights into contemporary and emerging issues in this heavily debated field. Topics covered include: Bioethics, health and human rights Medical liability Law and emerging health technologies Public health law Personalized medicine The law and ethics of access to medicines in developing countries Medical research in the genome era Emerging legal and ethical issues in reproductive technologies This advanced level reference work will prove invaluable to legal practitioners, scholars, students and researchers in the disciplines of law, medicine, genetics, dentistry, theology, and medical ethics.