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Xenotransplantation and Risk
Some developing biotechnologies challenge accepted legal and ethical norms because of the risks they pose. Xenotransplantation (cross-species transplantation) may prolong life but may also harm the xeno-recipient and the public due to its potential to transmit infectious diseases. These trans-boundary diseases emphasise the global nature of advances in health care and highlight the difficulties of identifying, monitoring and regulating such risks and thereby protecting individual and public health. Xenotransplantation raises questions about how uncertainty and risk are understood and accepted, and exposes tensions between private benefit and public health. Where public health is at risk, a precautionary approach informed by the harm principle supports prioritising the latter, but the issues raised by genetically engineered solid organ xenotransplants have not, as yet, been sufficiently discussed. This must occur prior to their clinical introduction because of the necessary changes to accepted norms which are needed to appropriately safeguard individual and public health.
The Legitimacy of Medical Treatment
Whenever the legitimacy of a new or ethically contentious medical intervention is considered, a range of influences will determine whether the treatment becomes accepted as lawful medical treatment. The development and introduction of abortion, organ donation, gender reassignment, and non-therapeutic cosmetic surgery have, for example, all raised ethical, legal, and clinical issues. This book examines the various factors that legitimatise a medical procedure. Bringing together a range of internationally and nationally recognised academics from law, philosophy, medicine, health, economics, and sociology, the book explores the notion of a treatment, practice, or procedure being proper medical ...
The Legitimacy of Medical Treatment
Whenever the legitimacy of a new or ethically contentious medical intervention is considered, a range of influences will determine whether the treatment becomes accepted as lawful medical treatment. The development and introduction of abortion, organ donation, gender reassignment, and non-therapeutic cosmetic surgery have, for example, all raised ethical, legal, and clinical issues. This book examines the various factors that legitimatise a medical procedure. Bringing together a range of internationally and nationally recognised academics from law, philosophy, medicine, health, economics, and sociology, the book explores the notion of a treatment, practice, or procedure being proper medical ...
Care and Covenant
A bioethic of obligations and responsibilities, based on the Jewish tradition The Jewish tradition has important perspectives, history, and wisdom that can contribute significantly to crucial contemporary healthcare deliberations. Care and Covenant: A Jewish Bioethic of Responsibility demonstrates how numerous classic Jewish texts can add new ideas to the world of medicine today. Rabbi Jason Weiner draws on fifteen years of experience working in a hospital as a practitioner to develop an “ethic of responsibility.” This book seeks to develop an approach to bioethical dilemmas that is primarily informed by personal and communal obligations as well as social responsibilities. Weiner applies...
Ethical Problems and Genetics Practice
Provides a rich, case-based account of the ethical issues arising in genetics for health professionals, patients and their families.
Leading Works in Health Law and Ethics
Health and healthcare are vitally important to all of us, and academic interest in the law regulating health has, over the last 50 years, become an important field of academic study. An analysis of the development of, changes in, and scope of health law and ethics to date, is both timely and of interest to students and scholars alike, along with an exploration of its likely future development. This work brings together contributions from leading and emerging scholars in the field. Each contributor has been invited to select and analyse a ‘leading work’, which has for them shed light on the way that health law and ethics has developed. The chapters are both autobiographical, reflecting up...
The Duty of Medical Practitioners and CAM/TCM Practitioners to Inform Competent Adult Patients about Alternatives
The book pays interest to a small and almost untouched topic: a health practitioner’ s duty to inform about alternatives. It covers both orthodox medicine practitioners and CAM practitioners. The topic is explored in a co mparative way, examining the laws of not only common law jurisdictions, such as the USA, England, Canada, Australia, New Zealand, but also two East Asia jurisdictions ( China and Japan ) . It uses the collective wisdom of several common law jurisdictions, but also differentiates them. It places the issue of “disclosure of alternatives” in a clear and wider context, making a cogent distinction between diagnosis/treatment and information disclosure.
Rights, Duties and the Body
This book addresses the law and ethics concerning a pregnant woman's refusal of medical treatment needed by the fetus she carries. In England and some U.S. states a pregnant woman can now refuse such treatment. Nevertheless, courts have acknowledged the residual ethical dilemmas, sometimes adverting to the inappropriateness here of legal compulsion of presumed moral duties. This leaves the impression of an uncomfortable split between the ethics and the law. This study seeks to explain and justify a pregnant woman's legal right to refuse medical treatment and thus resolve, so far as possible, the surrounding ethical, legal and social tensions. The idea of day-to-day maternal conduct which may cause prenatal harm is also touched upon. Innovatively, the author adopts a joint philosophical and legal approach directed to issues both of principle and policy, revealing strong conceptual links between the ethics and the law. In addition to an ethical exploration of the maternal-fetal relationship the author explores the relevant English, American and some Canadian arguments from the law of treatment refusal, abortion, tort and rescue.
Bioethics, Medicine and the Criminal Law: Volume 3, Medicine and Bioethics in the Theatre of the Criminal Process
To date, little analysis exists of the criminal process's roles as a regulator of medical practice and as an arbiter of bioethics, nor whether criminal law is an appropriate forum for judging ethical medical dilemmas. The conscription of criminal law into moral controversy and the (perceived) rise in criminal investigations of medical errors sets the backdrop for this innovative historical and theoretical analysis of the relationship between medicine, bioethics and the criminal process. Case studies on abortion, end of life and the separation of conjoined twins reveal how judges grapple with bioethics in criminal cases and the impact of 'theatre' on the criminal law's response to ethically controversial medical cases. A central argument is that bioethics and criminal law are not necessarily incompatible; rather, it is the theatre surrounding interactions between bioethics and criminal law that often distorts and creates tension.
Inspiring a Medico-Legal Revolution
This book marks the retirement of Professor Sheila McLean, whose contribution to the discipline of medical law has been truly ground breaking. As one of the pioneers of the discipline, Sheila McLean inspired a revolution in the ways in which lawyers, doctors, courts and patients perceive the relationship between medicine and the law. The first International Bar Association Professor of Law and Ethics in Medicine, she has worked tirelessly to champion the importance of law’s role in regulating medicine and protecting patients’ rights. The span in content of this book reflects the range of contributions that Professor McLean has herself made. Her work gave direction and shape to a new fiel...
