Law and Medicine Current Legal Issues 2000

This volume considers the many areas where medicine intersects with the law. Advances in medical research, reproductive science and genetics have given rise to unprecedented ethical and legal quandaries. These are reflected in chapters on cloning, organ donation, choosing genetic characteristics, and the use of Viagra.

Editors' Preface

ix

Notes on Contributors

xi

Table of Cases

xv

Table of Statutes, Conventions, etc.

xxv

Introduction: Medicine, Health and the Law at the Millenium's End

xxix

M. Freeman

THE PROVISION OF HEALTH CARE

The NHS in Private Hands? Regulating Private Providers of NHS Services

1

(26)

C. Newdick

Health Care Information Technology and Provider Accountability: A Symbiotic Relationship

27

(20)

F. Miller

The Manipulation of Medical Practice

47

(20)

V. Harpwood

Clinical Guidelines, Negligence and Medical Practice

67

(14)

H. Teff

Threatening Behaviour? The Challenge Posed by Medical Negligence Claims

81

(26)

L. Mulcahy

QUESTIONS OF AUTONOMY

Information, Decisions, and the Limits of Informed Consent

107

(20)

C. Schneider

M. Farrell

Patient Autonomy---A Turn in the Tide?

127

(14)

R. Bailey-Harris

Legal Limits: When Does Autonomy in Health Care Prevail?

141

(18)

A. Flamm

H. Forster

GENETICS AND CLONING

Law, Society and the New Genetics

159

(18)

R. Dingwall

The Ethics of Human Cloning

177

(12)

B. Steinbock

Written in Code: Diversity and the New Genetics

189

(16)

B. Bennett

Gene Therapy---Cure or Challenge?

205

(18)

S. McLean

MEDICINE AND THE CHILD

Protecting the Unborn Child from its Drug or Alcohol Abusing Mother

223

(22)

K. Norrie

Status of the Embryo in the Light of Islamic Jurisprudence

245

(12)

A. Ebrahim

Can We Leave the Best Interests of Very Sick Children to their Parents?

257

(12)

M. Freeman

REPRODUCTIVE TECHNOLOGY AND THE LAW

The Caesarean Section Cases and the Supremacy of Autonomy

269

(14)

J. Herring

Policing Pregnancy: Rights and Wrongs

283

(20)

M. Blake

The Gifts of Life---Donating Gametes and the Consequences

303

(14)

L. Waller

D. Mortimer

Consent and Intent: The Legal Differences in Assisted Reproductive Treatments

317

(10)

F. Shenfield

Symbolic Harm and Reproductive Practices

327

(14)

E. Boetzkes

Viagra is Coming! The Rhetoric of Choice and Need

341

(22)

H. Biggs

R. Mackenzie

The Politics of Paternity: Foetal Risks and Reproductive Harm

363

(16)

C. Daniels

J. Golden

ISSUES OF RESEARCH

Research on Human Subjects, Exploitation, and Global Principles of Ethics

379

(20)

J. Harris

Government Priorities for Biomedical Research: What Does Justice Require?

399

(22)

R. Dresser

Health Research with Children: the New Zealand Experience

421

(20)

N. Peart

PRIVACY AND CONFIDENTIALITY

Medical Data, New Information Technologies, and the Need for Normative Principles other than Privacy Rules

441

(20)

A. Vedder

Pre-Employment Health Screening

461

(12)

D. Kloss

LIFE AND DEATH ISSUES

Human Organ Transplant Ordinance: Facilitating Adult Live Donor Transplants?

473

(20)

A. Liu

Thrift-Euthanasia, In Theory and In Practice: A Critique of Non-Heart-Beating Organ Harvesting

493

(34)

H. Ducharme

The Comatose Pregnant Woman: Abortion and the Substituted-Judgement Approach

527

(10)

E. Bernat

MENTAL HEALTH AND THE LAW

The Mental Health Act: Taking Stock of the Current Position and Thinking about the Future

537

(22)

P. Bartlett

Mind and Body: Medicine and Law

559

(18)

B. Mahendra

Index

577

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Law and Medicine Current Legal Issues 2000 Volume 3

Summary

Table of Contents

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