Mason and McCall Smith's Law and Medical Ethics,9780199282395

Mason and McCall Smith's Law and Medical Ethics

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Edition: 7th
ISBN13: 9780199282395
ISBN10: 0199282390
Format: Paperback
Pub. Date: 2006-02-02
Publisher(s): Oxford University Press
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Summary

Mason and McCall Smith's classic textbook discusses the relationship of medical practice and ethics with the operation of the law. The subjects covered include natural and assisted reproduction, the impact of modern genetics on medicine, medical confidentiality, consent to medical treatment, the use of resources and problems surrounding death in the new medical era. It is of significance to anyone with an interest in the ethical and legal practice of medicine.

Author Biography


J. Kenyon Mason is Professor (Emeritus) of Forensic Medicine in the University of Edinburgh. He has been an Honorary Fellow teaching and researching medical law and ethics in the Edinburgh Law School since 1985. Graeme T. Laurie is Professor of Medical Jurisprudence at The School which he joined in 1995. In addition to his work in the field of medical law, in which he is an international authority on genetics and the law, he has wide interests in the law of intellectual property and is currently co-director of the Arts and Humanities Research Board Research Centre for Studies in Intellectual Property and Technology Law at the University of Edinburgh.

Table of Contents

Preface v
Table of Cases
xiii
Table of Statutes
xxxiii
Table of European and International Instruments
xli
Table of Statutory Instruments
xlv
Medical Ethics and Medical Practice
1(28)
A basis for medical ethics
3(10)
The organisation of modern medicine
13(9)
Public relations
22(5)
The doctor's position
27(2)
Public Health and the State/Patient Relationship
29(19)
Handling health threats to the community
31(7)
The darker sides of medicine
38(6)
The Human Rights Act 1998
44(4)
Health Rights and Obligations in the European Union
48(23)
Introduction
48(1)
Health care policy in the European Union
49(5)
Rights and access to health care in the European Union
54(4)
Cross border access to health care in the European Union
58(8)
Ethics in science and new technologies in the European Union
66(5)
The Management of Infertility and Childlessness
71(49)
The control of assisted reproduction in the United Kingdom
72(2)
Insemination
74(13)
The infertile or childless woman
87(11)
The surplus embryo
98(5)
The surplus fetus
103(2)
Surrogate motherhood
105(15)
The Control of Fertility
120(48)
The concept of personhood
121(3)
Contraception
124(5)
Sterilisation
129(13)
Termination of pregnancy
142(26)
Civil and Criminal Liability in Reproductive Medicine
168(38)
The uncovenanted child---the action for wrongful pregnancy
170(14)
Reproductive counselling and negligence---the action for wrongful birth
184(5)
Wrongful (or diminished) life actions
189(9)
Wrongful injury to the fetus
198(8)
Genetic Information and the Law
206(47)
Genetics: the science and the challenges
206(3)
Genetic counselling and fetal testing for genetic disease
209(8)
Legal and ethical responses to the 'familial' nature of genetics
217(2)
Individual and family interests in genetic information
219(9)
Other parties' interests in genetic information
228(12)
Research involving genetic material
240(2)
The state interest in genetic information
242(4)
Gene therapy
246(3)
Cloning
249(4)
Medical Confidentiality
253(42)
The principle of confidentiality
253(5)
Relaxation of the rule
258(22)
Confidentiality and the legal process
280(6)
Patient access to medical records
286(5)
Confidentiality and death
291(4)
Liability for Medical Injury
295(53)
Compensation for injury
296(6)
The basis of medical liability
302(3)
What constitutes negligence?
305(27)
Causation
332(7)
Injuries caused by medical products or devices
339(5)
Criminal negligence
344(4)
Consent to Treatment
348(64)
Non-consensual treatment
349(24)
Refusal of treatment by adults
373(11)
Other vulnerable groups
384(2)
Consent to testing for HIV infection
386(7)
Proceeding without consent---the consequences
393(19)
Health Resources and Dilemmas in Treatment
412(29)
Global distribution of resources
413(1)
The allocation of national resources
414(14)
Treatment of the individual
428(13)
Treatment of the Aged
441(23)
Autonomy and paternalism in the treatment of the aged
442(7)
The individual patient
449(13)
Care of the elderly in the future
462(2)
The Diagnosis of Death
464(13)
Brain function as a measure of death
465(6)
The legal effect of applying brain stem death criteria
471(4)
The case for legislation
475(2)
The Donation of Organs and Transplantation
477(34)
Technical aspects of transplantation
477(5)
The living donor
482(9)
Cadaver donations
491(14)
The fetus or neonate as a transplant donor
505(4)
Fetal brain implants
509(2)
The Body as Property
511(28)
Property in living human material
512(13)
Property in cadavers and cadaver tissues
525(4)
Intellectual property law and the human body
529(9)
Conclusion
538(1)
Medical Futility
539(59)
Part 1: The Beginning of Life
539(1)
The concept of medical futility
540(34)
Part 2: The End of Life
574(3)
The patient in the permanent vegetative state
577(14)
The best interests test
591(3)
Are we being honest?
594(3)
`Do not resuscitate' orders
597(1)
Euthanasia
598(50)
A classification of assisted dying
599(2)
Voluntariness in euthanasia
601(1)
Involuntary euthanasia
601(2)
Voluntary euthanasia
603(1)
Active and passive euthanasia
604(1)
Active voluntary euthanasia
605(5)
Passive voluntary euthanasia
610(14)
The inactive physician
624(14)
The incurable patient
638(4)
Artificial nutrition and hydration: feeding as a part of treatment
642(2)
Terminal sedation
644(1)
A need for legislation?
645(3)
Biomedical Human Research and Experimentation
648(37)
Ethical codes and legal instruments in human biomedical research
649(2)
What is research?
651(9)
Randomised controlled trials
660(8)
Experimental treatment
668(2)
Informed consent and the (in)competent research subject
670(5)
The unethical researcher
675(5)
Compensation for personal injury in research
680(1)
Research involving human tissue and personal data
681(2)
New approaches to research governance
683(2)
Research on Children, Fetuses and Embryos
685(25)
Non-therapeutic research on children
686(7)
Therapeutic research on children
693(3)
Fetal research and experimentation
696(6)
Embryos and embryonic stem cell research
702(8)
Mental Health and Human Rights
710(31)
The evolution of mental health law
710(4)
The grounds for intervention
714(7)
Controlling treatment
721(12)
Consent to treatment
733(8)
Appendix A The Hippocratic Oath 741(1)
Appendix B Declaration of Geneva 742(1)
Appendix C Declaration of Tokyo 743(2)
Appendix D Declaration of Helsinki 745(6)
Index 751

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