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International Health Law
In the twenty-first century, complex health care problems have remained unsolved. Conflicts between public interests and individual rights, evolving public health crises in low income countries, the challenge of regulating health professionals, and the effects of globalisation on health (care systems) dominate the contemporary debates in this field. In a way, these problems expose the (regulatory) weaknesses of health systems responding to these questions. Facing these problems, health lawyers and policy makers should - more than in the past - focus on underlying normative values in health care. Core values include solidarity and justice in health care access. International Health Law explor...
European Union Health Law
This volume contains EU-related health legislation relevant to legal training programs on EU law and healthcare. Despite the availability of numerous handbooks, a collection of EU legislation on health has been missing. The book includes relevant treaty law provisions and secondary legislation (abridged) on health or health-related norms, clustered as: EU treaty law * human rights and health * public health * patient safety * consumer protection * patient mobility * mobility of health professionals * pharmaceuticals * medical devices * data protection * insurance * competition law.
Rationing Health Care
'Medical need' is a factor in health care access decision-making, but merit-considerations are becoming important too. In the shortening of waiting time, priority arrangements are considered and/or introduced, based on non-medical criteria. Simultaneously, in terms of financing, health status has become important due to payment arrangements, limited insurance package options, etc. At the same time, health status disparities, due to socioeconomic inequalities, seem to be increasing. Under these circumstances, confronted with increased health spending, it is expected that rationing will become more eminent. Due to this, the emerging relevant questions are: Who will be responsible for rationing (the market, governments, bureaucrats, physicians, or others)? * How does it function (explicit or implicit)? * What are relevant and acceptable selection criteria (QUALYs, DALYs, health status, sex, age, etc.)? * To what extent is current rationing just? * What can be done to make it more just? *
Health Care Law-making in Central and Eastern Europe
This book examines the relevance of a theoretical model of health care law-making in several Central and Eastern European countries. Confronted with the legacy of the ancient regime, the countries selected shifted away from a 'socialist' model towards a more 'market-oriented' health care system. From a legal perspective, this change of system imposed on government the need for drastic reforms starting with the introduction of a compulsory health insurance scheme based on the notion of solidarity. Future accession to the EU, requiring the incorporation of the acquis communautaire, has increased the complexity of legal reforms since. Strengthening the reform process, the author developed a met...
European Health Law
'European Health Law' is the result of a long-term collaboration project between academic health lawyers working at various European research institutions. The result is a comprehensive volume on health law, exploring various aspects of health law. Health law - as understood by the authors - reflects a so-called triangular relationship between the patient, health provider and health financer. As such, this volume covers a wide range of topics focussing on patients' rights and duties, the role of health professionals, and health care financing and rationing, as well as public health and health related issues, such as occupational health and environmental health.
The Right to Health at the Public/Private Divide
A comparative study covering all continents, this book explores the role of health rights in advancing greater equality through access to health care.
International Health Law and Ethics
This book contains a collection of treaty documents and soft law on health care rights and health ethics used in health law training programs. Regional documents and explanatory reports on health care rights, which are derived from international human rights law, provide a way of "unwrapping" government obligations in health care, making rights more specific, accessible, and (judicially) accountable. In addition, soft law declarations and medical ethics contribute to understanding the moral meaning of human rights in health care. As such, the principles and standards provide practical guidance for States when dealing with equal access to health care services, the rights of patients, biomedic...
The Oxford Handbook of Comparative Health Law
"Abstract: The Oxford Handbook of Comparative Health Law addresses some of the most critical issues facing scholars, legislators, and judges. How, for example, can the law protect against threats to public health that can quickly cross national borders? How can it ensure access to affordable health care or regulate the pharmaceutical industry? Indeed, when matters of life and death literally hang in the balance, it is especially important for policymakers to get things right, and the making of policy can be greatly enhanced by learning from the successes and failures of approaches taken in other countries. Where there are "common challenges" in law and health, there is much to be gained from...
Informed Consent and Health
Informed consent is the legal instrument that purports to protect an individual’s autonomy and defends against medical arbitrariness. This illuminating book investigates our evolving understanding of informed consent from a range of comparative and international perspectives, demonstrating the diversity of its interpretations around the world. Chapters offer a nuanced analysis of the problems that impede the understanding and implementation of the concept of informed consent and explore the contemporary challenges that continue to hinder both the patient and the medical community.
Access to Care, Access to Justice
Edited by Colleen Flood, Lorne Sossin, and Kent Roach, the collection explores the role that courts may begin to play in health care and how this new role is of crucial importance to the Canadian public and their governments.
