first do no harm law ethics and healthcare applied legal philosophy

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First Do No Harm

Author : Sheila A. M. McLean
ISBN : 9781317134985
Genre : Law
File Size : 90. 83 MB
Format : PDF
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This collection brings together essays from leading figures in the field of medical law and ethics which address the key issues currently challenging scholars in the field. It has also been compiled as a lasting testimony to the work of one of the most eminent scholars in the area, Professor Ken Mason. The collection marks the academic crowning of a career which has laid one of the foundation stones of an entire discipline. The wide-ranging contents and the standing of the contributors mean that the volume will be an invaluable resource for anyone studying or working in medical law or medical ethics.

Choosing Life Choosing Death

Author : Charles Foster
ISBN : 9781847314901
Genre : Law
File Size : 42. 70 MB
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Autonomy is a vital principle in medical law and ethics. It occupies a prominent place in all medico-legal and ethical debate. But there is a dangerous presumption that it should have the only vote, or at least the casting vote. This book is an assault on that presumption, and an audit of autonomy's extraordinary status. This book surveys the main issues in medical law, noting in relation to each issue the power wielded by autonomy, asking whether that power can be justified, and suggesting how other principles can and should contribute to the law. It concludes that autonomy's status cannot be intellectually or ethically justified, and that positive discrimination in favour of the other balancing principles is urgently needed in order to avoid some sinister results. 'This book is a sustained attack on the hegemony of the idea of autonomy in medical ethics and law. Charles Foster is no respecter of authority, whether of university professors or of law Lords. He grabs his readers by their lapels and shakes sense into them through a combination of no-nonsense rhetoric and subtle argument that is difficult to resist.' Tony Hope, Professor of Medical Ethics, Oxford University 'This book is unlikely to be in pristine state by the time you have finished reading it. Whether that is because you have thrown it in the air in celebration or thrown it across the room in frustration will depend on your perspective. But this book cannot leave you cold. It is a powerful polemic on the dominance of autonomy in medical law, which demands a reaction. Charles Foster sets out a powerful case that academic medical lawyers have elevated autonomy to a status it does not deserve in either ethical or legal terms. In a highly engaging, accessible account, he challenges many of the views which have become orthodox within the academic community. This will be a book which demands and will attract considerable debate.' Jonathan Herring, Exeter College, Oxford University 'This is a learned, lively and thought-provoking discussion of problems central to the courts' approach to ethical issues in medical law. What principles are involved? More significantly, which really underlie and inform the process of seeking justice in difficult cases? Charles Foster persuasively argues, and demonstrates, that respect for autonomy is but one of a number of ethical principles which interact and may conflict. He also addresses the sensitive issue of the extent to which thoughts and factors which go to influence legal decisions may not appear in the judgments.' Adrian Whitfield QC. 'Introducing the Jake La Motta of medical ethics. Foster is an academic street-fighter who has bloodied his hands in the court room. He provides a stinging, relentless, ground attack on the Goliath of medical ethics: the central place of autonomy in liberal medical ethics. This is now the first port of call for those who feel that medical ethics has become autonomized.' Julian Savulescu, Uehiro Chair in Practical Ethics, University of Oxford. "This important book offers a robust challenge to anyone, whether lawyer or 'ethicist', who sees respect for autonomy as the only game in town. It argues eloquently and effectively that, on the one hand, despite the reverence paid to it by judges, in practice the law, even in the context of consent, weaves together a number of moral threads of which autonomy is merely one, in the pursuit of a good decision. It argues on the other hand, that were the day-to-day practice of law to be guided primarily by respect for autonomy, this would be wrong. Foster concludes that whilst, 'any society that does not have laws robustly protecting autonomy is an unsafe and unhappy one', so too would be a society in which too much emphasis was placed on respect for autonomy at the expense of other important moral principles. This is essential reading for anyone interested in the role of autonomy and indeed of medical ethics, in the law." Michael Parker, Professor of Bioethics, University of Oxford

First Do No Harm Medical Ethics In International Humanitarian Law

Author : Sigrid Mehring
ISBN : 9789004279162
Genre : Political Science
File Size : 68. 67 MB
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In First Do No harm: Medical Ethics in International Humanitarian Law Sigrid Mehring provides a comprehensive overview of the legal and ethical framework guiding physicians in armed conflict. Due to its timeliness, the book is invaluable to practitioners and legal scholars alike.

Self Determination In Health Care

Author : Leroy C. Edozien
ISBN : 9781317057437
Genre : Medical
File Size : 57. 56 MB
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It is generally accepted in legal and bioethical discourse that the patient has a right to self-determination. In practice though, this is often not the case. Paternalism is waning and it is increasingly recognised that there are values other than medical factors which determine the choices that patients make. Unfortunately, these developments have not resulted in huge advances for patient self-determination, which is largely because the consent model has fundamental flaws that constrain its effectiveness. This book sets out to offer an alternative model to consent. In the property model proposed here, the patient’s bodily integrity is protected from unauthorised invasion, and their legitimate expectation to be provided with the relevant information to make an informed decision is taken to be a proprietary right. It is argued that the property model potentially overcomes the limitations of the consent model, including the obstacle caused by the requirement to prove causation in consent cases. The author proposes that this model could in the future provide an alternative or complementary approach for the courts to consider when dealing with cases relating to self-determination in health care.

Inspiring A Medico Legal Revolution

Author : Professor Pamela R Ferguson
ISBN : 9781472434289
Genre : Law
File Size : 41. 55 MB
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As one of the pioneers of the discipline of medical law, Sheila McLean inspired a revolution in the ways in which lawyers, doctors, courts and patients perceive the relationship between medicine and the law. This collection brings together 21 leading scholars in healthcare law and ethics to honour the depth and significance of her contribution. Including authors from the US, Australia, Canada and New Zealand, the contributions cover areas as diverse as start and end of life, reproductive rights and termination of pregnancy, autonomy of patients, the protection of vulnerable patient groups, and the challenges posed by new technologies.

The British National Bibliography

Author : Arthur James Wells
ISBN : UOM:39015066099238
Genre : English literature
File Size : 69. 81 MB
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American Book Publishing Record

Author :
ISBN : UOM:39015066180418
Genre : American literature
File Size : 62. 48 MB
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Current Publications In Legal And Related Fields

Author :
ISBN : STANFORD:36105064159796
Genre : Bibliography
File Size : 81. 43 MB
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First Do No Self Harm

Author : Charles Figley
ISBN : 9780195383263
Genre : Medical
File Size : 24. 23 MB
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"First Do No Self Harm" by three medical and mental health educators offers a clarion call for the improved medical and mental health of physicians across their education continuum by posing and answering five fundamental questions about sources of stress and methods of coping among physicians and medical students.

Principles Of Biomedical Ethics

Author : Tom L. Beauchamp
ISBN : 9780195143317
Genre : Medical
File Size : 22. 43 MB
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For many years this has been a leading textbook of bioethics. It established the framework of principles within the field. This is a very thorough revision with a new chapter on methods and moral justification.

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