Criminalising Medical Malpractice
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Author | : Amel Alghrani |
Publisher | : Cambridge University Press |
Total Pages | : 353 |
Release | : 2013 |
Genre | : Bioethics |
ISBN | : 1107021537 |
"Who should define what constitutes ethical and lawful medical practice? Judges? Doctors? Scientists? Or someone else entirely? This volume analyses how effectively criminal law operates as a forum for resolving ethical conflict in the delivery of health care. It addresses key questions such as: how does criminal law regulate controversial bioethical areas? What effect, positive or negative, does the use of criminal law have when regulating bioethical conflict? And can the law accommodate moral controversy? By exploring criminal law in theory and in practice and examining the broad field of bioethics as opposed to the narrower terrain of medical ethics, it offers balanced arguments that will help readers form reasoned views on the ethical legitimacy of the invocation and use of criminal law to regulate medical and scientific practice and bioethical issues"--
Author | : Mélinée Kazarian |
Publisher | : Routledge |
Total Pages | : 219 |
Release | : 2020-06-02 |
Genre | : Law |
ISBN | : 1351582305 |
The criminalisation of healthcare malpractice has become a highly topical and somewhat controversial question in recent years. Studies have demonstrated that in England and Wales, the trend towards holding healthcare professionals to account for malpractice is rapidly growing, abolishing the deference doctors enjoyed decades ago. The changing attitude of judges to claims for clinical negligence has been well documented. The role of the criminal process in England and Wales has been less fully analysed with the criminal law playing a very limited role until recently in the regulation of poor healthcare practice. In contrast, in France, the criminal process has for a long time been invoked more readily to respond to cases of healthcare malpractice, which involved even mere errors. This book compares English and French criminal law responses to healthcare malpractice and considers what lessons the French model can provide for potential reform in England and elsewhere. The book takes the HIV-contaminated blood episode as a primary example of the different approaches France and England have in dealing with healthcare malpractice. Kazarian emphasises the impact of rules of substantive criminal law and criminal procedure on the way in which healthcare malpractice is criminalised in a given country. This book explores the key lessons to be drawn on whether the criminal process is an appropriate means to respond to instances of healthcare malpractice. It proposes that features of French criminal law and criminal procedure might be useful to counteract healthcare malpractice.
Author | : Alan Merry |
Publisher | : Cambridge University Press |
Total Pages | : 427 |
Release | : 2017-04-13 |
Genre | : Law |
ISBN | : 110718049X |
Errors and violations harm many patients: this book explores how to improve both accountability and patient safety in healthcare.
Author | : United States |
Publisher | : |
Total Pages | : 1146 |
Release | : 2013 |
Genre | : Law |
ISBN | : |
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Author | : Jeremy Horder |
Publisher | : Oxford University Press |
Total Pages | : 561 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0198753071 |
Ashworth's Principles of Criminal Law, now in its eight edition, takes a distinctly different approach to the study of criminal law, whilst still covering all of the vital topics found on criminal law courses. Uniquely theoretical, it seeks to elucidate the underlying principles and theoretical foundations of the criminal law, and aims to critically engage readers by contextualizing and analysing the law. This is essential reading for students seeking a sophisticated and critically engaging exploration of the subject. The text is accompanied by an Online Resource Centre housing a full bibliography as well as a selection of useful web links.
Author | : Sheila McLean |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 646 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9780754626145 |
This collection of essays from leading figures in the field of medical law and ethics is a lasting testimony to the work of one of the most eminent scholars in the area, Professor Ken Mason. The wide-ranging contents and the standing of the contributors mean that this collection will be an invaluable resource for anyone studying or working in medical law or medical ethics.
Author | : Margaret Brazier |
Publisher | : Penguin UK |
Total Pages | : 600 |
Release | : 2007 |
Genre | : Law |
ISBN | : |
Medicine, Patients and the Lawis a leading book in its field, aimed at practitioners and students of both law and medicine, as well as the general reader. It examines the regulation of medical practice, the rights and duties of patients and their medical advisers, the provision of compensation for medical mishaps and the framework of rules governing those delicate issues of life and death where medicine, morals and the law overlap. The fourth edition of this highly acclaimed book is fully updated to cover recent changes in law and medical practice. Among other current issues, it addresses the radical reforms proposed by the Shipman Inquiry, the impact of change within the NHS, the Mental Capacity Act of 2005 and includes a new chapter on access to health care. Clear explanations of legal issues make this book accessible and absorbing.
Author | : Edward Premdas Pinto |
Publisher | : Springer Nature |
Total Pages | : 295 |
Release | : 2020-10-13 |
Genre | : Medical |
ISBN | : 9811581436 |
This book presents important fields of research in public healthcare in India from an interdisciplinary and health systems perspectives. Discussing how the exchange of power between the health justice triad, viz., the State (judiciary as the arm of the State), legal and medical professions, and civil society, cumulatively shapes the outcomes of health justice for citizens, it provides insights into India’s juridico-legal processes and of seeking justice in healthcare. It critically assesses civil society’s counter-hegemonic role in bolstering justice in health care and examines the potential of transforming health care jurisprudence into health justice. Repositioning the social right to healthcare as integral to social citizenship and social justice, and opening avenues for inter-professional and interdisciplinary power discourse in public health policy research, the book is of interest to academics, practitioners, students, researchers, and the wide academic community working in public health care issues broadly.
Author | : Amel Alghrani |
Publisher | : Cambridge University Press |
Total Pages | : 307 |
Release | : 2013 |
Genre | : Law |
ISBN | : 1107025125 |
This volume analyses how effectively criminal law operates as a forum for resolving ethical conflict in the delivery of health care.
Author | : Jiong Tu |
Publisher | : Springer |
Total Pages | : 252 |
Release | : 2018-06-12 |
Genre | : Social Science |
ISBN | : 9811307881 |
This multifaceted book examines the free market reform of the Chinese healthcare system in the 1980s and the more collectivist or socialist counter-reforms that have been implemented since 2009 to remedy some of the problems introduced by marketization. The book is based on an ethnographical study in a Chinese county from 2011 to 2012, which investigated local people’s experience of healthcare reforms and the various ways in which they have adapted their own behavior to the constraints and opportunities introduced by these reforms. It provides a vivid depiction of the morality and emotionality of people’s experiences of the Chinese healthcare system and the myriad frustrations and sometimes desperation it induces not only among patients with significant health problems and their families, but also healthcare practitioners caught between their desire to do right by their patients and the penalties they personally incur if they do not adhere to institutionalized cost-saving measures. The people’s experiences within China’s health sector presented reflect many similar experiences in the wider Chinese society. The book is thus a valuable resource for researchers and graduate students interested in China’s healthcare reforms and scholars concerned with issues of contemporary Chinese society.