Healthcare Decision Making and the Law

Author: Mary Donnelly
Publisher: Cambridge University Press
ISBN: 1139491849
Format: PDF, ePub, Docs
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This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focusing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.

The Law and Ethics of Dementia

Author: Charles Foster
Publisher: Bloomsbury Publishing
ISBN: 1849468192
Format: PDF, ePub
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Dementia is a topic of enormous human, medical, economic, legal and ethical importance. Its importance grows as more of us live longer. The legal and ethical problems it raises are complex, intertwined and under-discussed. This book brings together contributions from clinicians, lawyers and ethicists ? all of them world leaders in the field of dementia ? and is a comprehensive, scholarly yet accessible library of all the main (and many of the fringe) perspectives. It begins with the medical facts: what is dementia? Who gets it? What are the current and future therapeutic and palliative options? What are the main challenges for medical and nursing care? The story is then taken up by the ethicists, who grapple with questions such as: is it legitimate to lie to dementia patients if that is a kind thing to do? Who is the person whose memory, preferences and personality have all been transformed by their disease? Should any constraints be placed on the sexual activity of patients? Are GPS tracking devices an unpardonable interference with the patient's freedom? These issues, and many more, are then examined through legal lenses. The book closes with accounts from dementia sufferers and their carers. It is the first and only book of its kind, and the authoritative text.

Medical Law A Very Short Introduction

Author: Charles Foster
Publisher: OUP Oxford
ISBN: 0191636010
Format: PDF, Docs
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Medical law is concerned with our bodies, and what happens to them during and after our lives. When things go wrong with our bodies, we want to know what our rights are, and what governs the conduct of the clinicians into whose hands we put our lives and limbs. Dealing with matters of life and death, it can therefore have a fundamental impact on medical practice. Headlines in the media often involve the core issues of medical law - organ transplantation, abortion, withdrawal of treatment, euthanasia, confidentiality, research on humans - these are topics that affect us all. Headlines can misrepresent, however. In order to fully understand the issues and their relevance, we have to delve into the cases and into the principles behind them. In this highly readable Very Short Introduction, Charles Foster explores different examples to illustrate the key problems and principles of medical law. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Ethical and legal debates in Irish healthcare

Author: Mary Donnelly
Publisher: Oxford University Press
ISBN: 178499720X
Format: PDF, ePub, Mobi
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The Irish health system is confronted by a range of challenges, both emerging and recurring. This collection provides a foundation for ongoing engagement with selected issues in contemporary Irish health contexts. It includes contributions from scholars and practitioners across a range of disciplines. The essays are theoretically informed and are grounded in the realities of the Irish health system, by drawing on contributors' contextual knowledge. The focus of the collection is interdisciplinary and the essays are situated at the intersection between ethics, law, medicine and policy. It draws out the interlinking themes of context and care, rights and responsibilities, regulating research and oversight of decision-making. This book makes an informed and balanced contribution to academic and broader public discourse. It will be of interest to academics and postgraduate students in ethics, law and health and those outside the academic sphere who must engage critically with the issues addressed.

Mental Capacity in Relationship

Author: Camillia Kong
Publisher: Cambridge University Press
ISBN: 1316738213
Format: PDF, Docs
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Recent legal developments challenge how valid the concept of mental capacity is in determining whether individuals with impairments can make decisions about their care and treatment. Kong defends a concept of mental capacity but argues that such assessments must consider how relationships and dialogue can enable or disable the decision-making abilities of these individuals. This is thoroughly investigated using an interdisciplinary approach that combines philosophy and legal analysis of the law in England and Wales, the European Court of Human Rights, and the United Nations Convention on the Rights of Persons with Disabilities. By exploring key concepts underlying mental capacity, the investigation concludes that both primary relationships and capacity assessments themselves must display key competencies to ensure that autonomy skills are promoted and encouraged. This ultimately provides scope for justifiable interventions into disabling relationships and articulates the dialogical practices that help better situate, interpret, and understand the choices and actions of individuals with impairments.

End of life Care

Author: Joan McCarthy
Publisher:
ISBN:
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The Framework, consisting of eight Modules of Learning, draws on a range of values and principles that have been identified as important considerations in end-of-life decision making by international experts in bioethics and by professional codes of conduct, policy documents and laws. It is also informed by extensive Irish national and international research on patients and families experiences of death and dying and the contribution of health professionals and organizations to quality end-of-life care.

Public Health Ethics Cases Spanning the Globe

Author: Drue H. Barrett
Publisher: Springer
ISBN: 3319238477
Format: PDF, Docs
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This Open Access book highlights the ethical issues and dilemmas that arise in the practice of public health. It is also a tool to support instruction, debate, and dialogue regarding public health ethics. Although the practice of public health has always included consideration of ethical issues, the field of public health ethics as a discipline is a relatively new and emerging area. There are few practical training resources for public health practitioners, especially resources which include discussion of realistic cases which are likely to arise in the practice of public health. This work discusses these issues on a case to case basis and helps create awareness and understanding of the ethics of public health care. The main audience for the casebook is public health practitioners, including front-line workers, field epidemiology trainers and trainees, managers, planners, and decision makers who have an interest in learning about how to integrate ethical analysis into their day to day public health practice. The casebook is also useful to schools of public health and public health students as well as to academic ethicists who can use the book to teach public health ethics and distinguish it from clinical and research ethics.

Autonomy Informed Consent and Medical Law

Author: Alasdair Maclean
Publisher: Cambridge University Press
ISBN: 9781139477130
Format: PDF, Mobi
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Alasdair Maclean analyses the ethical basis for consent to medical treatment, providing both an extensive reconsideration of the ethical issues and a detailed examination of English law. Importantly, the analysis is given a context by situating consent at the centre of the healthcare professional-patient relationship. This allows the development of a relational model that balances the agency of the two parties with their obligations that arise from that relationship. That relational model is then used to critique the current legal regulation of consent. To conclude, Alasdair Maclean considers the future development of the law and contrasts the model of relational consent with Neil Manson and Onora O'Neill's recent proposal for a model of genuine consent.

Autonomy Paternalism

Author: Thomas Nys
Publisher: Peeters Publishers
ISBN: 9789042918801
Format: PDF, ePub
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In recent years, the triumph of autonomy has made paternalist interventions increasingly problematic. The value of a patient's right to self-determination and the practice of informed consent are considered supremely important in present-day health care ethics. In general, the idea of 'doctor knows best' has become more and more suspicious. This has left us with a situation in which paternalist medicine seems difficult to reconcile with respect for patient autonomy. This book offers a thorough reflection on the relationship between autonomy and paternalism, and argues that, from both theoretical and practical angles, the tension between these concepts is not as acute as it might seem. In long-term care, psychiatry, and care for the severely handicapped, the principle of respect for autonomy is particularly ill-suited. This, however, does not mean that such respect is totally irrelevant, but that it should take a different shape. Good care in those cases requires us to transcend the sharp dichotomy between autonomy and paternalism. In Autonomy and Paternalism: Reflections on the Theory and Practice of Health Care various acclaimed authors present their views on this interesting and extremely relevant debate.