Landmark Cases in Medical LawLandmark Cases in Medical Law



This collection provides a fascinating insight in the interaction of medical law and broader social changes to our bodies, illness and medical professionals.

Author: Jonathan Herring

Publisher: Bloomsbury Publishing

ISBN: 9781782255543

Category:

Page: 328

View: 397

This new addition to Hart Publishing's Landmark Cases series brings together leading figures in the field to discuss a selection of the most significant cases in medical law. These are cases which either signpost a new development for medical law, illustrate an important development of the law, or signpost likely future developments of the law. The cases are explored in their social and historical context to understand better what has influenced the development of the law. This collection provides a fascinating insight in the interaction of medical law and broader social changes to our bodies, illness and medical professionals.

Revisiting Landmark Cases in Medical LawRevisiting Landmark Cases in Medical Law



Is a woman’s refusal of a caesarean section recommended for the benefit of the fetus legally decisive? These questions were central to the four focal cases revisited in this book. This book revisits nine landmark cases.

Author: Shaun D. Pattinson

Publisher: Routledge

ISBN: 9781317612797

Category:

Page: 190

View: 562

Is it lawful for a doctor to give a patient life-shortening pain relief? Can treatment be lawfully provided to a child under 16 on the basis of her consent alone? Is it lawful to remove food and water provided by tube to a patient in a vegetative state? Is a woman’s refusal of a caesarean section recommended for the benefit of the fetus legally decisive? These questions were central to the four focal cases revisited in this book. This book revisits nine landmark cases. For each, a new leading judgment is attributed to an imagined judge, Athena, who operates within the constraints of the legal system of England and Wales. Her judgments accord with an innovative legal theory, referred to as ‘modified law as integrity’, and are linked as a line of precedent. The result is a re-spinning of extant judicial threads into a web of legal principles with a greater claim to coherence and defensibility than those in the original cases. The book will be of great interest to scholars and students of medical law, criminal law, bioethics, legal theory and moral philosophy.

Landmark Cases in Medical LawLandmark Cases in Medical Law



This book brings together leading figures in the field to discuss the most significant cases in medical law. The cases are explored in their social and historical context to understand better what has influenced the development of the law.

Author: Jonathan Herring

Publisher:

ISBN: 1474201431

Category:

Page: 350

View: 811

This book brings together leading figures in the field to discuss the most significant cases in medical law. The cases are explored in their social and historical context to understand better what has influenced the development of the law.

Revisiting Landmark Cases in Medical LawRevisiting Landmark Cases in Medical Law



Pattinson, Shaun D (2015b) 'Contemporaneous and Advance Requests: The Fight for Rights at the End of Life' in Jonathan Herring and Jesse Wall (eds) Landmark Cases in Medical Law (Hart Publishing), 651–723. Pattinson, Shaun D (2017a) ...

Author: Shaun D. Pattinson

Publisher: Routledge

ISBN: 9781317612803

Category:

Page: 190

View: 759

Is it lawful for a doctor to give a patient life-shortening pain relief? Can treatment be lawfully provided to a child under 16 on the basis of her consent alone? Is it lawful to remove food and water provided by tube to a patient in a vegetative state? Is a woman’s refusal of a caesarean section recommended for the benefit of the fetus legally decisive? These questions were central to the four focal cases revisited in this book. This book revisits nine landmark cases. For each, a new leading judgment is attributed to an imagined judge, Athena, who operates within the constraints of the legal system of England and Wales. Her judgments accord with an innovative legal theory, referred to as ‘modified law as integrity’, and are linked as a line of precedent. The result is a re-spinning of extant judicial threads into a web of legal principles with a greater claim to coherence and defensibility than those in the original cases. The book will be of great interest to scholars and students of medical law, criminal law, bioethics, legal theory and moral philosophy.

Landmark Cases in Medical LawLandmark Cases in Medical Law



North Bristol NHS Trust: A Property Case of Uncertain Significance? ... There have been recent Special Issues in the Journal of Medical Ethics ((2013) vol 40(10)) and the Journal of Law and Medicine ((2013) vol 21)) on the regulation of ...

Author: Jonathan Herring

Publisher: Bloomsbury Publishing

ISBN: 9781782255550

Category:

Page: 328

View: 380

This new addition to Hart Publishing's Landmark Cases series brings together leading figures in the field to discuss a selection of the most significant cases in medical law. These are cases which either signpost a new development for medical law, illustrate an important development of the law, or signpost likely future developments of the law. The cases are explored in their social and historical context to understand better what has influenced the development of the law. This collection provides a fascinating insight in the interaction of medical law and broader social changes to our bodies, illness and medical professionals.

Landmark Cases in Forensic PsychiatryLandmark Cases in Forensic Psychiatry



This text combines concise, easy-to-understand summaries of 116 landmark mental health cases for practicing clinicians, attorneys, educators and students with over 130 board-style multiple-choice questions to help consolidate knowledge.

Author: Elizabeth B. Ford

Publisher: Oxford University Press (UK)

ISBN: 9780199344659

Category:

Page: 218

View: 351

Forensic psychiatry (the interface of psychiatry and the law), forensic psychology, and mental health law are growing and evolving subspecialties in their respective larger disciplines. Topics included in these fields include a range as diverse as capital sentencing guidelines, informed consent, and standards of care for mental health treatment. All of these topics need to be understood and mastered by clinicians, educators, administrators and attorneys working with psychiatric patients. This book brings together concise, comprehensive summaries of the most important "landmark" legal decisions relating to mental health practice in the United States. These decisions, along with their underlying reasonings, make up a critical portion of the national certification examination for forensic psychiatry offered by the American Board of Psychiatry and Neurology (ABPN). Many of the themes are also tested in the ABPN certification examination for general psychiatry. This book is the first to provide a combination of summaries of the relevant legal content paired with board-style test questions designed to help consolidate knowledge and prepare for certification. Cases with similar themes are grouped together with an eye toward helping the reader understand the evolution of legal and clinical thinking on a particular topic. This book represents an important addition to the study tools and textbooks available related to psychiatry and the law and will serve as a useful reference for clinicians who must follow established legal requirements in their field.

Medical Law and Ethics in NigeriaMedical Law and Ethics in Nigeria



Discussing existing controversies and illustrating landmark cases drawn from several jurisdictions, Medical Law and Ethics in Nigeria is one of the most comprehensive books on the subject to date.

Author: Festus Emiri

Publisher: African Books Collective

ISBN: 9788422330

Category:

Page: 432

View: 276

Discussing existing controversies and illustrating landmark cases drawn from several jurisdictions, Medical Law and Ethics in Nigeria is one of the most comprehensive books on the subject to date. Some of the topics covered are: Reproductive medicine; Surrogate Motherhood; Abortion; Neonatal treatment decisions; Euthanasia of Mercy Killing; Medical malpractice; and Informed Consent.

Law and BioethicsLaw and Bioethics



While the American legal system has played an important role in shaping the field of bioethics, Law and Bioethics is the first book on the subject designed to be accessible to readers with little or no legal background.

Author: Jerry Menikoff MD, JD

Publisher: Georgetown University Press

ISBN: 9781589018198

Category:

Page: 512

View: 368

While the American legal system has played an important role in shaping the field of bioethics, Law and Bioethics is the first book on the subject designed to be accessible to readers with little or no legal background. Detailing how the legal analysis of an issue in bioethics often differs from the "ethical" analysis, the book covers such topics as abortion, surrogacy, cloning, informed consent, malpractice, refusal of care, and organ transplantation. Structured like a legal casebook, Law and Bioethics includes the text of almost all the landmark cases that have shaped bioethics. Jerry Menikoff offers commentary on each of these cases, as well as a lucid introduction to the U.S. legal system, explaining federalism and underlying common law concepts. Students and professionals in medicine and public health, as well as specialists in bioethics, will find the book a valuable resource.

Canadian Landmark Cases in Forensic Medical HealthCanadian Landmark Cases in Forensic Medical Health



This book provides in-depth discussions of the political and social contexts surrounding key cases in forensic mental health.

Author: Graham Glancy

Publisher: University of Toronto Press

ISBN: 9781487525040

Category:

Page: 288

View: 614

This book provides in-depth discussions of the political and social contexts surrounding key cases in forensic mental health.

Health Law and BioethicsHealth Law and Bioethics



A unique offering in this field from a sterling author team, Health Law and Bioethics: Cases in Context presents the stories and context of landmark cases in the field.

Author: Joan H. Krause

Publisher: Aspen Law & Business

ISBN: STANFORD:36105134450860

Category:

Page: 268

View: 376

A unique offering in this field from a sterling author team, Health Law and Bioethics: Cases in Context presents the stories and context of landmark cases in the field. By conveying back story and creating context, this brief text hooks students' interest and deepens their understanding of the law and policy implications of each case.

Landmark Cases in Forensic PsychiatryLandmark Cases in Forensic Psychiatry



This book represents an important addition to the study tools and textbooks available related to psychiatry and the law and will serve as a useful reference for clinicians who must follow established legal requirements in their field.

Author: Merrill Rotter

Publisher: Oxford University Press, USA

ISBN: 9780190914424

Category:

Page: 312

View: 845

Forensic psychiatry (the interface of psychiatry and the law), forensic psychology, and mental health law are growing and evolving subspecialties in their respective larger disciplines. Topics included in these fields include a range as diverse as capital sentencing guidelines, informed consent, and standards of care for mental health treatment. All of these topics need to be understood and mastered by clinicians, educators, administrators and attorneys working with psychiatric patients. This book brings together concise, comprehensive summaries of the most important "landmark" legal decisions relating to mental health practice in the United States. These decisions, along with their underlying reasonings, make up a critical portion of the national certification examination for forensic psychiatry offered by the American Board of Psychiatry and Neurology (ABPN). Many of the themes are also tested in the ABPN certification examination for general psychiatry.This first edition of this book was the first to provide a combination of summaries of the relevant legal content paired with board-style test questions designed to help consolidate knowledge and prepare for certification. Cases with similar themes are grouped together with an eye toward helping the reader understand the evolution of legal and clinical thinking on a particular topic. In this new edition, the authors have updated all cases, and added chapters on new areas of the law with which forensic practitioners and trainess may interface. This book represents an important addition to the study tools and textbooks available related to psychiatry and the law and will serve as a useful reference for clinicians who must follow established legal requirements in their field.

Landmark Cases in Succession LawLandmark Cases in Succession Law



The distinguished contributors to this collection consider cases ranging from 1720 to 2017, covering issues such as will-making and interpretation, the position of beneficiaries and personal representatives, testamentary promises, and the ...

Author: Brian Sloan

Publisher: Bloomsbury Publishing

ISBN: 9781509919024

Category:

Page: 368

View: 208

The Landmark Cases series highlights the historical antecedents of what are widely considered to be the leading cases in a discipline, and seeks to provide contexts in which to better understand how and why certain cases came to be regarded as the 'landmark' cases in any given field. Succession law's long pedigree, near-universal application, immense capacity for human interest stories, somewhat uncertain future in England and Wales, and close connection to demographics make it an ideal candidate for a Landmark Cases volume. The distinguished contributors to this collection consider cases ranging from 1720 to 2017, covering issues such as will-making and interpretation, the position of beneficiaries and personal representatives, testamentary promises, and the extent of testamentary freedom in England and Wales and beyond. The cases are relevant not only to scholars and students of succession law per se, but also those working in fields such as tax, trusts, tort and land law. They raise issues as diverse as class, colonialism, familial dynamics, expectations and obligations, mental health, and the proper roles of the legal profession and the welfare state. The collection will provoke much discussion on what makes a 'landmark' case, as well as on the peculiarities and limitations of the case law method.

Religion Medicine and the LawReligion Medicine and the Law



Medical Law Review, 201–207, p 203. 102 ibid. 103 R (Nicklinson) v Ministry of Justice [2012] EWHC 2381; [2013] EWCA Civ 961. 104 ibid. at [63]. 105 ibid. 106 ibid. at [56]. 107 Pattinson, Revisiting Landmark Cases in Medical Law (n 97) ...

Author: Clayton Ó Néill

Publisher: Routledge

ISBN: 9781351120609

Category:

Page: 220

View: 439

Is the legal protection that is given to the expression of Abrahamic religious belief adequate or appropriate in the context of English medical law? This is the central question that is explored in this book, which develops a framework to support judges in the resolution of contentious cases that involve dissension between religious belief and medical law, developed from Alan Gewirth’s Principle of Generic Consistency (PGC). This framework is applied to a number of medical law case studies: the principle of double effect, ritual male circumcision, female genital mutilation, Jehovah’s Witnesses (adults and children) who refuse blood transfusions, and conscientious objection of healthcare professionals to abortion. The book also examines the legal and religious contexts in which these contentious cases are arbitrated. It demonstrates how human rights law and the proposed framework can provide a gauge to measure competing rights and apply legitimate limits to the expression of religious belief, where appropriate. The book concludes with a stance of principled pragmatism, which finds that some aspects of current legal protections in English medical law require amendment.

Law and Mental Health Second EditionLaw and Mental Health Second Edition



New to This Edition *Updated throughout with current research and substantive changes in mental health law. *Chapter on competency in juvenile justice. *Citations of 115 new legal cases. *Conclusion identifying urgent social challenges ...

Author: Christopher M. Weaver

Publisher: Guilford Publications

ISBN: 9781462540518

Category:

Page: 430

View: 381

Favored by instructors and students for its real-world focus and engaging style, this authoritative text on the interface of psychology and law has now been revised and expanded. Each chapter provides an overview of case law on an important topic and explores selected cases in depth. Coverage includes psychological and mental health issues in criminal and civil proceedings; the role of practitioners as expert witnesses and forensic consultants; and legal concerns in general clinical practice. Salient legal processes and decisions are summarized and implications for today's clinical and forensic practitioners highlighted. Instructors who adopt the book for courses will receive a supplemental test bank with questions keyed to each chapter. Students can access a downloadable Study Guide. New to This Edition *Updated throughout with current research and substantive changes in mental health law. *Chapter on competency in juvenile justice. *Citations of 115 new legal cases. *Conclusion identifying urgent social challenges facing the field. Pedagogical Features *Boxes on key concepts and areas of controversy. *"Where are They Now?" boxes revisiting people from landmark cases. *Updated test bank and new downloadable Study Guide. *End-of-chapter lists of legal cases discussed.

Medical Law and EthicsMedical Law and Ethics



Keywood, K. (2015) 'People Like Us Don't Have Babies: Learning Disability, Prospective Parenthood and Legal Transformations' in J. Herring and J. Wall (eds), Landmark Cases in Medical Law (Hart). Negligent sterilization and wrongful ...

Author: Jonathan Herring

Publisher: Oxford University Press, USA

ISBN: 9780198846956

Category:

Page: 704

View: 327

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 - Answer guidance to one question per chapter

A Practical Guide to Medical Negligence LitigationA Practical Guide to Medical Negligence Litigation



This practical guide to procedural steps that must be taken cites all relevant case law and statutes including the Rules of the Superior Courts, the Civil Liability and Courts Acts 2004, the various statutory instruments and Coroners Act. ...

Author: Michael Boylan

Publisher: Bloomsbury Publishing

ISBN: 9781780438450

Category:

Page: 400

View: 240

Medical Negligence: A Practitioner's Handbook covers the lifetime of a High Court medical negligence action from first contact with a client through to plenary hearing, settlement and mediation including inquests. This practical guide to procedural steps that must be taken cites all relevant case law and statutes including the Rules of the Superior Courts, the Civil Liability and Courts Acts 2004, the various statutory instruments and Coroners Act. [Subject: Criminal Law, Medical Negligence Law]

Landmark Cases in Forensic PsychiatryLandmark Cases in Forensic Psychiatry



As important as the specific holdings in mental health law are to clinical and forensic practice, a stand-alone Landmark Case seminar allows broader themes and principles to be mined (of which liberty and uncertainty about psychiatry ...

Author: Merrill Rotter

Publisher: Oxford University Press

ISBN: 9780190914431

Category:

Page: 272

View: 906

Forensic psychiatry (the interface of psychiatry and the law), forensic psychology, and mental health law are growing and evolving subspecialties in their respective larger disciplines. Topics included in these fields include a range as diverse as capital sentencing guidelines, informed consent, and standards of care for mental health treatment. All of these topics need to be understood and mastered by clinicians, educators, administrators and attorneys working with psychiatric patients. This book brings together concise, comprehensive summaries of the most important "landmark" legal decisions relating to mental health practice in the United States. These decisions, along with their underlying reasonings, make up a critical portion of the national certification examination for forensic psychiatry offered by the American Board of Psychiatry and Neurology (ABPN). Many of the themes are also tested in the ABPN certification examination for general psychiatry.This first edition of this book was the first to provide a combination of summaries of the relevant legal content paired with board-style test questions designed to help consolidate knowledge and prepare for certification. Cases with similar themes are grouped together with an eye toward helping the reader understand the evolution of legal and clinical thinking on a particular topic. In this new edition, the authors have updated all cases, and added chapters on new areas of the law with which forensic practitioners and trainess may interface. This book represents an important addition to the study tools and textbooks available related to psychiatry and the law and will serve as a useful reference for clinicians who must follow established legal requirements in their field.

Great Debates in Medical Law and EthicsGreat Debates in Medical Law and Ethics



L. Hoyano, 'Misconceptions about wrongful conception' (2002) 65 Modern Law Review 883. [Crossref] L. Hoyano, 'McFarlane v Tayside health board' in J. Herring and J. Wall (eds), Landmark Cases in Medical Law (Hart, 2015).

Author: Imogen Goold

Publisher: Bloomsbury Publishing

ISBN: 9781509958689

Category:

Page: 275

View: 789

This textbook is an ambitious and engaging introduction to the more advanced writings on medical law and ethics, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is not to present a complete overview of theoretical issues in medical law and ethics, but rather to illustrate the current debates which are currently going on among those working in and shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading. A perfect book for students taking a module in medical law, or for those wanting to deepen their knowledge. New to this Edition: - The Supreme Court decision in Montgomery receives extensive discussion and analysis - Recent developments on the best interests test under the Mental Capacity Act are explored - The latest case law on end of life decision making is set out - Debates over whether abortion should be decriminalised are examined - The Charlie Gard case is considered

Landmark Cases in Property LawLandmark Cases in Property Law



I shall query the extent to which the case may be regarded as concerning 'property': the judgment adopts a demonstrably instrumental approach to constructing the analysis of ' property ' in order to facilitate claims in the law of ...

Author: Simon Douglas

Publisher: Bloomsbury Publishing

ISBN: 9781509900268

Category:

Page: 344

View: 974

Landmark Cases in Property Law explores the development of basic principles of property law in leading cases. Each chapter considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence – How are property rights acquired? What is the content of property rights? What are the limits or boundaries of property? How are property rights extinguished? Individually and collectively, the chapters identify a number of important themes for the doctrinal development of property institutions and their broader justification. These themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of Roman legal reasoning on the common law of property. One or more of these themes (and others) is revealed through careful case analysis in each chapter, and they are collected and critically explored in the editors' introductions. This makes for a coherent and provocative collection, and ensures that Landmark Cases in Property Law will be lively and essential reading for scholars, practitioners, and all those interested in the development of property principles at law.

Landmark Cases in Criminal LawLandmark Cases in Criminal Law



facts of the case 334–335 overview 333 R v Flattery (1877) see also Rape facts of the case 147–148 first case of its ... 206–211 leading case 191 medical evidence of causation 193–194 CCA judgment 192 facts of the case 191–192 legal ...

Author: Philip Handler

Publisher: Bloomsbury Publishing

ISBN: 9781509909322

Category:

Page: 368

View: 894

Criminal cases raise difficult normative and legal questions, and are often a consequence of compelling human drama. In this collection, expert authors place leading cases in criminal law in their historical and legal contexts, highlighting their significance both in the past and for the present. The cases in this volume range from the fifteenth to the twenty-first century. Many of them are well known to modern criminal lawyers and students; others are overlooked landmarks that deserve reconsideration. The essays, often based on extensive and original archival research, range over a wide spectrum of criminal law, covering procedure and doctrine, statute and common law, individual offences and general principles. Together, the essays explore common themes, including the scope of criminal law and criminalisation, the role of the jury, and the causes of change in criminal law.