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How Safe Is Safe Enough?
This book offers a comprehensive roadmap for determining when and how to regulate risky reproductive technologies on behalf of future children. First, it provides three benchmarks for determining whether a reproductive practice is harmful to the children it produces. This framework synthesizes and extends past efforts to make sense of our intuitive, but paradoxical, belief that reproductive choices can be both life-giving and harmful. Next, it recommends a process for reconciling the interests of future children with the reproductive liberty of prospective parents. The author rejects a blanket preference for either parental autonomy or child welfare and proposes instead a case-by-case inquir...
Defending the Genetic Supermarket
The controversial topic of the technology of Pre-implantation Genetic Diagnosis, and the muddled approach to this subject adopted by the UK Parliament, is explored in detail in this volume. The author takes the viewpoint that the HFEA has taken insufficient notice to date of certain core ethical principles and makes the case for a much more ethically consistent and humane system than has been managed so far. Arguing that many of the fears and objections levied against Robert Nozick’s notion of the ‘Genetic Supermarket’ by disability activists, christian bioethicists and radical feminists, amongst others, are internally inconsistent, philosophically unsound or merely highly improbable, the author considers a number of individual policy decisions of the HFEA and addresses such questions as: Can a case be made out for state involvement in such decisions? Who stands to be harmed by a supermarket model? Are any ethical principles or societal interests threatened by it? This book is an essential resource for law students of all levels and professionals working within or interested in medical and healthcare law and medical genetics.
Patients with Passports
The world may be getting smaller every day, but until very recently health care remained local. 'Patients with Passports' is the first comprehensive legal and ethical analysis of one part of the globalization of health care: medical tourism. The author examines the two sides of the industry: medical tourism for services legal in the patient's home country where patients travel to places such as India, Thailand and Mexico to reduce costs, avoid queues, or qualify for insurance incentives, and medical tourism for services illegal in the home country.
Protecting American Health Care Consumers
Despite the attention to the problem of protecting the health care interests of Americans, there is little consensus on what should be done politically or otherwise to address this problem. In Protecting American Health Care Consumers Eleanor DeArman Kinney, a nationally regarded expert on health policy and law, tackles the serious and ongoing debate among state and federal policymakers, health care providers, third-party payers, and consumers about how to provide procedural justice to patients in the present health care climate. To promote and ensure consumer protection in an increasingly adversarial and complicated health-care culture, Kinney first analyzes the procedures by which consumer...
Families Under Construction
This book is designed for law school seminars and courses, including first-year electives, as well as advanced undergraduate courses in legal studies or other departments. Families Under Construction: Parentage, Adoption, and Assisted Reproduction, Second Edition, provides an in-depth exploration of the fascinating and controversial issues emerging out of biotechnology and society’s changing understanding of family identity. The authors combine solid treatment of the law and carefully crafted additional content to provoke inquiry and fuel class discussion, using a multidisciplinary presentation of legal authorities, policy perspectives, critical analysis, and cultural contexts. Coverage in...
Health Care Law and Ethics
Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Health Care Law and Ethics, Tenth Edition offers a relationship-oriented approach to health law--covering the essentials, as well as cutting-edge and controversial subjects. The book provides thoughtful and teachable coverage of all major aspects of health care law, including medical liability. Current and classic cases build logically from the f...
Birth Rights and Wrongs
Introduction -- Basic civil rights -- Missing protections -- Litigation's limits -- Elusive injuries -- Courthouse claims -- Damage awards -- Procreation deprived -- Procreation imposed -- Procreation confounded -- Fraught remedies -- Conclusion.
The Law of Health Care Finance and Regulation
"Casebook for use in upper-level law school courses in health care law"--
The Legal Analyst
There are two kinds of knowledge law school teaches: legal rules on the one hand, and tools for thinking about legal problems on the other. Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law. From classic ideas in game theory such as the “Prisoner’s Dilemma” and the “Stag Hunt” to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth’s guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples. The Legal Analyst is an indispensable user’s manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.
Medical Liability and Treatment Relationships
Medical Liability and Treatment Relationships, Fifth Edition is the only current casebook devoted to medical liability, including medical malpractice. This book is based on Part I, “The Provider and the Patient,” from Health Care Law and Ethics, Tenth Edition, and adds additional coverage of professional licensure and regulating access to drugs, and new cases and materials covering medical malpractice. Integrating public health and financial and ethical issues, this casebook uses compelling case law, clear notes, and comprehensive background information to illuminate the complex and dynamic field of health care law. New to the Fifth Edition: New author: Nadia N. Sawicki Substantial updat...
