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Author: Mary Donnelly
Publisher: Cambridge University Press
ISBN: 1139491849
Category : Law
Languages : en
Pages : 345
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Book Description
This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focusing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.
Author: Mary Donnelly
Publisher: Cambridge University Press
ISBN: 1139491849
Category : Law
Languages : en
Pages : 345
Get Book
Book Description
This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focusing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.
Author: Mary Donnelly
Publisher: Cambridge University Press
ISBN: 9781107470927
Category : Law
Languages : en
Pages : 0
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Book Description
This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focussing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.
Author: Lawrence P. Ulrich
Publisher: Georgetown University Press
ISBN: 9781589014534
Category : Medical
Languages : en
Pages : 370
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Book Description
The Patient Self-Determination Act of 1990 required medical facilities to provide patients with written notification of their right to refuse or consent to medical treatment. Using this Act as an important vehicle for improving the health care decisionmaking process, Lawrence P. Ulrich explains the social, legal, and ethical background to the Act by focusing on well-known cases such as those of Karen Quinlan and Nancy Cruzan, and he explores ways in which physicians and other caregivers can help patients face the complex issues in contemporary health care practices. According to Ulrich, health care facilities often address the letter of the law in a merely perfunctory way, even though the Act integrates all the major ethical issues in health care today. Ulrich argues that well-designed conversations between clinicians and patients or their surrogates will not only assist in preserving patient dignity — which is at the heart of the Act—but will also help institutions to manage the liability issues that the Act may have introduced. He particularly emphasizes developing effective advance directives. Ulrich examines related issues, such as the negative effect of managed care on patient self-determination, and concludes with a seldom-discussed issue: the importance of being a responsible patient. Showing how the Patient Self-Determination Act can be a linchpin of more meaningful and effective communication between patient and caregiver, this book provides concrete guidance to health care professionals, medical ethicists, and patient-rights advocates.
Author: Naomi Karp
Publisher: American Bar Association
ISBN:
Category : Aged
Languages : en
Pages : 84
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Book Description
Author: Gretchen B. Chapman
Publisher: Cambridge University Press
ISBN: 9780521541244
Category : Medical
Languages : en
Pages : 456
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Book Description
Decision Making in Health Care, first published in 2000, is a comprehensive overview of the field of medical decision making.
Author: Mary Donnelly, M.a
Publisher:
ISBN: 9780511992421
Category : Medical care
Languages : en
Pages : 346
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Book Description
A critical evaluation of the law's engagement with the process of healthcare decision-making, and how the relationship might be enhanced.
Author: Ellen Nolte
Publisher: Cambridge University Press
ISBN: 1108790062
Category : Health & Fitness
Languages : en
Pages : 421
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Book Description
An evidence-based analysis of the opportunities and challenges of moving towards more person-centred health systems.
Author: Michael W. Kattan
Publisher: SAGE
ISBN: 1412953723
Category : Medical
Languages : en
Pages : 1281
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Book Description
The Encyclopedia of Medical Decision Making presents state-of-the-art research and ready-to-use facts sorting out findings on medical decision making and their applications.
Author: Larry Brenner
Publisher:
ISBN: 9781605951379
Category : Medicine
Languages : en
Pages : 198
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Book Description
Provides a methodical guide to assist in making prudent clinical decisions that while best for the patient, also avoid future liabilityExplains the competing functions of the courtsDescribes the differences in physician and lawyer reasoningIncludes numerous examples for discussion with many from real world casesA guide for healthcare providers to prudent decision-making that ensures the safety of patients and protects providers from liability. The book is written in a concise, very accessible, and methodical way for both students and practitioners. Examples and cases are provided throughout for classroom discussions and personal reflection. This is a key reference for physicians, medical students, advanced practice professionals, and law students in tort law programs.
Author: Frank M. McClellan
Publisher: Rutgers University Press
ISBN: 1978802978
Category : Law
Languages : en
Pages : 203
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Book Description
The individual and structural biases that affect the American healthcare system have serious emotional and physical consequences that all too often go unseen. These biases are often rooted in power, class, racial, gender or sexual orientation prejudices, and as a result, the injured parties usually lack the resources needed to protect themselves. In Healthcare and Human Dignity, individual worth, equality, and autonomy emerge as the dominant values at stake in encounters with doctors, nurses, hospitals, and drug companies. Although the public is aware of legal battles over autonomy and dignity in the context of death, the everyday patient’s need for dignity has received scant attention. Thus, in Healthcare, law professor Frank McClellan’s collection of cases and individual experiences bring these stories to life and establish beyond doubt that human dignity is of utmost priority in the everyday process of healthcare decision making.