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Law Legitimacy and the Rationing of Health Care

Author: Keith Syrett
Publisher: Cambridge University Press
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Dr Keith Syrett argues for a reappraisal of the role of public law adjudication in questions of healthcare rationing. As governments worldwide turn to explicit rationing strategies to manage the mismatch between demand for and supply of health services and treatments, disappointed patients and the public have sought to contest the moral authority of bodies making rationing decisions. This has led to the growing involvement of law in this field of public policy. The author argues that, rather than bemoaning this development, those working within the health policy community should recognise the points of confluence between the principles and purposes of public law and the proposals which have been made to address rationing's 'legitimacy problem'. Drawing upon jurisprudence from England, Canada and South Africa, the book evaluates the capacity of courts to establish the conditions for a process of public deliberation from which legitimacy for healthcare rationing may be derived.


Medical Law and Ethics

Author: Jonathan Herring
Publisher: Oxford University Press
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Medical Law and Ethics covers the core legal principles, key cases, and statutes that govern medical law alongside the key ethical debates and dilemmas that exist in the field. Carefully constructed features highlight these debates, drawing out the European angles, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as 'a shock to the system', 'public opinion' and 'reality check' introduce further socio-legal discussion and contribute to the lively and engaging manner in which the subject is approached. Online resources This book is accompanied by the following online resources: - Complete bibliography and list of further reading - Links to the key cases mentioned in the book - A video from the author which introduces the book and sets the scene for your studies - Links to key sites with information on medical law and ethics


Law and Ethics in Children s Nursing

Author: Judith Hendrick
Publisher: John Wiley & Sons
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Law and Ethics in Children's Nursing is an important and practical guide on the legal and ethical spects of child healthcare that enables nurses to understand the legal and ethical principles that underpin everyday nursing practice. It explores the concept of childhood and children's rights, the extent to which their rights are upheld in a variety of settings, and the relationship between law and ethics and how they interact in resolving problems and dilemmas that commonly arise in practice. With case studies, learning outcomes and scenarios throughout, Law and Ethics in Children's Nursing places the care and treatment of children in a legal and ethical framework, and explores the way in which legal and ethical aspects of children's nursing differ from those of adults. It explores general principles such as autonomy and consent, confidentiality, accountability and negligence. It then goes on to look at specialist areas such as abortion, sterilisation, research, mental health, organ donation, child protection and death.


The Law and Ethics of Dementia

Author: Charles Foster
Publisher: Bloomsbury Publishing
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Dementia is a topic of enormous human, medical, economic, legal and ethical importance. Its importance grows as more of us live longer. The legal and ethical problems it raises are complex, intertwined and under-discussed. This book brings together contributions from clinicians, lawyers and ethicists – all of them world leaders in the field of dementia – and is a comprehensive, scholarly yet accessible library of all the main (and many of the fringe) perspectives. It begins with the medical facts: what is dementia? Who gets it? What are the current and future therapeutic and palliative options? What are the main challenges for medical and nursing care? The story is then taken up by the ethicists, who grapple with questions such as: is it legitimate to lie to dementia patients if that is a kind thing to do? Who is the person whose memory, preferences and personality have all been transformed by their disease? Should any constraints be placed on the sexual activity of patients? Are GPS tracking devices an unpardonable interference with the patient's freedom? These issues, and many more, are then examined through legal lenses. The book closes with accounts from dementia sufferers and their carers. It is the first and only book of its kind, and the authoritative text.


Fair Resource Allocation and Rationing at the Bedside

Author: Marion Danis
Publisher: Oxford University Press
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Health systems need to set priorities fairly. In one way or another, part of this important task will fall to physicians. How do they make judgments about resource stewardship, and how should they do so? How can they make such decisions in a manner that is compatible with their clinical duties to patients? In this book, philosophers, bioethicists, physicians, lawyers and health policy experts make the case that priority setting and rationing contribute significantly to the possibility of affordable and fair healthcare and that clinicians play an indispensable role in that process. The book depicts the results of a survey of European physicians about their experiences with rationing and other cost containment strategies, and their perception of scarcity and fairness in their health care systems. Responding to and complementing these findings, commentators discuss why resource allocation and bedside rationing is necessary and justifiable. The book explores how bedside rationing relates to clinical judgments about medical necessity and medical indications, marginal benefits, weak evidence based medicine, off-label use. The book highlights how comparative studies of health care systems can advance more effective and fair bedside rationing through learning from one another. From a practical standpoint, the book offers a number of strategies for health care systems and clinicians to work in tandem to allocate and ration resources as fairly as possible: how to foster more attention to fairness when rationing at the bedside, how to avoid exacerbating health disparities when allocating resources, how to teach about bedside rationing to students, how to discuss rationing more explicitly in the public arena and in the doctor's office.


Global Health and International Community

Author: John Coggon
Publisher: A&C Black
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Global health arguably represents the most pressing issues facing humanity. Trends in international migration and transnational commerce render state boundaries increasingly porous. Human activity in one part of the world can lead to health impacts elsewhere. Animals, viruses and bacteria as well as pandemics and environmental disasters do not recognize or respect political borders. It is now widely accepted that a global perspective on the understanding of threats to health and how to respond to them is required, but there are many practical problems in establishing such an approach. This book offers a foundational study of these urgent and challenging problems, combining critical analysis with practically focused policy contributions. The contributors span the fields of ethics, human rights, international relations, law, philosophy and global politics. They address normative questions relating to justice, equity and inequality and practical questions regarding multi-organizational cooperation, global governance and international relations. Moving from the theoretical to the practical, Global Health and International Community is an essential resource for scholars, students, activists and policy makers across the globe.


Current Publications in Legal and Related Fields

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Journal of the American Medical Association

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