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The dramatic explosion of information brought about by recent advances in genetic research brings welcome scientific knowledge. Yet this new knowledge also raises complex and troubling issues concerning privacy and confidentiality. This thought-provoking book is the first comprehensive exploration of these ethical, legal, and social issues. Distinguished experts in law, medicine, bioethics, public health, science policy, clinical genetics, philosophy, and other fields consider the many contexts in which issues of genetic privacy arise - from research and clinical settings to workplaces, insurance offices, schools, and the courts.
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In 2002 France introduced an out-of-court settlement scheme for medical accidents. The scheme guarantees compensation for the victims of the most serious medical accidents irrespective of fault and operates in parallel with existing liability rules. In this book Simon Taylor compares English and French law on medical accident liability and redress and considers what lessons the French model can provide for potential reform in England and elsewhere. Taylor emphasizes the effect of the English and French rules on access to compensation and on the cost of liability and examines the problems that have been posed by the introduction of an administrative redress scheme in France. This book looks at the potential consequences of English and French rules for the doctor-patient relationship and for patient safety, and considers the role that national legal traditions and cultures of civil liability in England and France play in shaping national law in this area.
Medical law --- Tort and negligence --- Insurance law --- France --- United Kingdom --- Medical personnel --- Malpractice --- Royaume-Uni --- Droit médical
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In this important new book, Julius Richmond and Rashi Fein recount the fraught history of health care in America since the 1960's, showing how the promises of medical advances have not been matched either by financing or by delivery of care. As a new crisis looms, and the existing patchwork of insurance is poised to unravel, American leaders must again take up the question of health care. This book brings the voice of reason and the promise of compromise to that debate.
Medical care --- Medical policy --- Health planning --- Medical care - United States. --- Medical policy - United States. --- Health planning - United States. --- Droit médical
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Informed consent is a central topic in contemporary biomedical ethics. Yet attempts to set defensible and feasible standards for consenting have led to persistent difficulties. In Rethinking Informed Consent in Bioethics, first published in 2007, Neil Manson and Onora O'Neill set debates about informed consent in medicine and research in a fresh light. They show why informed consent cannot be fully specific or fully explicit, and why more specific consent is not always ethically better. They argue that consent needs distinctive communicative transactions, by which other obligations, prohibitions, and rights can be waived or set aside in controlled and specific ways. Their book offers a coherent, wide-ranging and practical account of the role of consent in biomedicine which will be valuable to readers working in a range of areas in bioethics, medicine and law.
Informed Consent --- Informed consent (Medical law) --- Bioethics. --- Medicine --- Consentement éclairé (Droit médical) --- Bioéthique --- Médecine --- ethics. --- Research --- Moral and ethical aspects. --- Recherche --- Aspect moral --- Bioethics --- Moral and ethical aspects --- Informed consent (Medical law). --- Consentement éclairé (Droit médical) --- Bioéthique --- Médecine --- Health Workforce --- Consent, Informed --- Consent to treatment --- Disclosure, Medical --- Medical disclosure --- Treatment, Consent to --- Consent (Law) --- Medical ethics --- Medical personnel --- Patient education --- Involuntary treatment --- Patient refusal of treatment --- Biology --- Biomedical ethics --- Life sciences --- Life sciences ethics --- Science --- Research&delete& --- Malpractice --- Arts and Humanities --- Philosophy --- Medicine - Research - Moral and ethical aspects --- Droit médical
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The provocative contention of the postmodernist and feminist essays in Ethics of the Body is that conventional bioethics is out of touch, despite its growing profile. It is out of touch with an ongoing phenomenological sense of bodies themselves; with the impact of postmodernist theory as it problematizes the certainties of binary thinking; and with a postmodern culture in which bioscientific developments force us to question what is meant by the notion of the human self. The authors demonstrate that the conventional normative framework of bioethics is called into question by issues as wide ranging as genetic manipulation, disability, high-tech prosthetics, and intersexuality. The essays show how both the theory and practice of bioethics can benefit from postmodernism's characteristic fluidity and multiplicity, as well as from the insights of a reconceived feminist bioethics. They address issues in philosophy, law, bioscientific research, psychiatry, cultural studies, and feminism from a "postconventional" perspective that looks beyond the familiar ideas of the body, proposing not a bioethics about the body but a radical ethics of the body. After exploring notions of difference in both feminist and postmodernist terms, the book considers specific issues -- including HIV, addiction, borderline personality disorder, and cancer -- that challenge the principles of conventional bioethics. The focus then turns to questions raised by biotechnology: one essay rethinks the traditional feminist ethics of care in the context of new reproductive technology, while others tackle genetic and genomic issues. Finally, the book looks at embodiment and some specifically anomalous forms of being-in-the-body, including a consideration of intersex infants and children that draws on feminist, postructuralist, and queer theory.
Bioethics. --- Biology --- Biomedical ethics --- Life sciences --- Life sciences ethics --- Moral and ethical aspects --- Science --- PHILOSOPHY/Ethics & Bioethics --- SOCIAL SCIENCES/Sociology --- Philosophy of science --- Professional ethics. Deontology --- Bioethics --- aids (HIV) --- bio-ethiek (medische, biomedische ethiek, bio-ethische aspecten) --- biotechnologie --- feministische ethiek --- geesteszieken --- kanker --- verslaving --- sida (VIH) --- bioéthique (éthique médicale, biomédicale, aspects bioéthiques) --- éthique féministe --- malades mentaux --- cancer --- dépendance --- Droit médical
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Bioethics, still in its infancy, is routinely called on by the government to provide political cover for controversial public health decisions involving the life and death of Americans. Doomsday or worst-case scenarios are often at the heart of these biopolitical decisions. A central feature of science fiction, these scenarios can impart useful insights. But worst-case scenarios, like Frankenstein's monster, can also be unpredictably destructive, undermining both preparedness and the very values bioethics seeks to promote. Discovering a new flu strain, for example, leads immediately to visions
Medical ethics --- Medical care --- Public health --- Medical policy --- bio-ethiek (medische, biomedische ethiek, bio-ethische aspecten) --- Verenigde Staten --- bioéthique (éthique médicale, biomédicale, aspects bioéthiques) --- Etats Unis --- Medical ethics - United States --- Medical care - United States --- Public health - United States --- Medical policy - United States --- Droit médical --- Etats-Unis
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"This book investigates the limits of the legitimate role of the state in regulating the human body. It questions whether there is a public interest in issues of bodily autonomy, with particular focus on reproductive choices, end of life choices, sexual autonomy, body modifications and selling the body. The main question addressed in this book is whether such autonomous choices about the human body are, and should be, subject to state regulation. Potential justifications for the state's intervention into these issues through mechanisms such as the criminal law and regulatory schemes are evaluated. These include preventing harm to others and/or to the individual involved, as well as more abstract concepts such as public morality, the sanctity of human life, and the protection of human dignity. The State and the Body argues that the state should be particularly wary about encroaching upon exercises of autonomy by embodied selves and concludes that only interventions based upon Mill's harm principle or, in tightly confined circumstances, the dignity of the human species as a whole should suffice to justify public intervention into private choices about the body."--Bloomsbury Publishing.
Human body --- Law and legislation --- Professional ethics. Deontology --- Human rights --- Medical law --- United Kingdom --- Law and legislation. --- Human reproduction --- Reproduction humaine --- Euthanasia --- Euthanasie --- Corps humain --- Sex and law --- Sexualité et droit --- Droit --- Droi --- Human body - Law and legislation --- Human body - Law and legislation - England --- Royaume-Uni --- Droit médical
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Informed consent - as an ethical ideal and legal doctrine - has been the source of much concern to clinicians. Drawing on a diverse set of backgrounds and two decades of research in clinical settings, the authors - a lawyer, a physician, a social scientist and a philosopher - help clinicians understand and cope with their legal obligations and show how the proper handling of informed consent can improve, rather than impede, patient care.
Informed consent (Medical law) --- Physician and patient --- Medical ethics --- arts-patiëntrelatie --- bio-ethiek (medische, biomedische ethiek, bio-ethische aspecten) --- geïnformeerde vrijwillige toestemming (instemming) --- medische praktijk --- medisch recht (biomedisch recht) --- relation médecin-patient --- bioéthique (éthique médicale, biomédicale, aspects bioéthiques) --- consentement libre et éclairé --- pratique médicale --- droit médical (droit biomédical) --- Informed consent (Medical law) - United States --- Medical ethics - United States --- Physician and patient - United States
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Healthcare professionals face an increasing threat of litigation from parties whom they have never met in their daily medical practice and who look nothing like the traditional patient. This book explores the legal principles and conundrums which arise when determining a healthcare professional's liability in negligence towards a wide variety of non-patients.
Medical personnel --- Third parties (Law) --- Third persons --- Contracts --- Dispute resolution (Law) --- Health care personnel --- Health care professionals --- Health manpower --- Health personnel --- Health professions --- Health sciences personnel --- Health services personnel --- Healthcare professionals --- Medical manpower --- Professional employees --- Malpractice --- Medical personnel - Malpractice - England --- Third parties (Law) - England --- Royaume-Uni --- Droit médical
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Alasdair Maclean analyses the ethical basis for consent to medical treatment, providing both an extensive reconsideration of the ethical issues and a detailed examination of English law. Importantly, the analysis is given a context by situating consent at the centre of the healthcare professional-patient relationship. This allows the development of a relational model that balances the agency of the two parties with their obligations that arise from that relationship. That relational model is then used to critique the current legal regulation of consent. To conclude, Alasdair Maclean considers the future development of the law and contrasts the model of relational consent with Neil Manson and Onora O'Neill's recent proposal for a model of genuine consent.
Informed consent (Medical law) --- Consent, Informed --- Consent to treatment --- Disclosure, Medical --- Medical disclosure --- Treatment, Consent to --- Consent (Law) --- Medical ethics --- Medical personnel --- Patient education --- Involuntary treatment --- Patient refusal of treatment --- Malpractice --- Medical law and ethics --- Social ethics --- Professional ethics. Deontology --- Medical law --- Law --- General and Others --- Informed consent (Medical law) - England --- Droit médical --- Royaume-Uni
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