healthcare decision making and the law autonomy capacity and the limits of liberalism cambridge law medicine and ethics

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Healthcare Decision Making And The Law

Author : Mary Donnelly
ISBN : 9781139491846
Genre : Law
File Size : 28. 35 MB
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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.

Medical Law A Very Short Introduction

Author : Charles Foster
ISBN : 9780199660445
Genre : Law
File Size : 32. 57 MB
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Medicine evolves fast, and medical law tries to keep up. It deals with some of the most fascinating, fundamental and difficult questions about the human body and mind. Charles Foster surveys the principles governing medical law.

Ethical And Legal Debates In Irish Healthcare

Author : Senior Lecturer in Law Mary Donnelly, M.a (La
ISBN : 9780719099465
Genre : Medical ethics
File Size : 49. 80 MB
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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.

Medicine Ethics And The Law In Ireland

Author : Deirdre Madden
ISBN : 9781847666703
Genre : Law
File Size : 55. 38 MB
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Written by one of Ireland's leading medical law academics, this practical book comprehensively covers case law and regulations regarding the healthcare system, the law relating to human reproduction, and the key issues of consent and treatment. Designed to be used by lawyers and healthcare professionals, Medicine, Ethics and the Law in Ireland provides an invaluable reference tool for anybody who requires accurate information and guidance on this area of Irish law. This new edition includes: Medical research and clinical trials; Organ donation and transportation; Patient safety and QA; and Biobanking.

End Of Life Care

Author : Joan McCarthy
ISBN : OSU:32437123101269
Genre : Medical
File Size : 34. 35 MB
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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.

Autonomy Informed Consent And Medical Law

Author : Alasdair Maclean
ISBN : 1139477137
Genre : Law
File Size : 32. 35 MB
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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.

Being Relational

Author : Jocelyn Downie
ISBN : 9780774821919
Genre : Law
File Size : 29. 13 MB
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In relational theory, the self is seen as fundamentally constituted in terms of its relations to others: it not only lives in relationship with and to others, but also owes its very existence to such relationships. Being Relational explores core moral and metaphysical concepts through a relational-theory lens and analyzes how such considerations might apply to more practical areas of concern in health law and policy. Innovative and self-reflexive, this groundbreaking collection will appeal to a broad range of thinkers, especially those who seek to understand the complex ways in which power is created and sustained relationally.

Autonomy Paternalism

Author : Thomas Nys
ISBN : 9042918802
Genre : Medical
File Size : 47. 69 MB
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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.

Mental Capacity In Relationship

Author : Camillia Kong
ISBN : 9781107164000
Genre : Family & Relationships
File Size : 25. 83 MB
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An interdisciplinary text that investigates mental capacity and considers how relationships can affect an individual's ability to make decisions.

Ethical Issues In Modern Medicine

Author : John Arras
ISBN : 076740016X
Genre : Medical
File Size : 44. 34 MB
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This comprehensive anthology represents the key issues and problems in the field of medical ethics through the most up-to-date readings and case studies available. Each of the book’s six parts is prefaced with helpful introductions that raise important questions and skillfully contextualize the positions and main points of the articles that follow.

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