Medicine and Law


Book Description

This text analyses a variety of issues concerning medicine and the application of law governing its practice, education, and research. The author addresses them in the light of recent developments in technology and views them from a comparative perspective by focusing on Indian case law and jurisdictions from other countries.




Patent Law and Intellectual Property in the Medical Field


Book Description

The growing presence of technology has created significant changes within the healthcare industry. With the ubiquity of these technologies, there is now an increasing need for more advanced legal procedures. Patent Law and Intellectual Property in the Medical Field is a pivotal reference source for the latest research in support of developing convergent and interoperable systems to increase awareness and applicability of legal aspects in the medical field. Featuring extensive coverage on relevant areas such as compulsory licensing, parallel importing, and protection law, this publication is an ideal resource for researchers, medical and law professionals, academics, graduate students, and practitioners engaged in medical practice.




Medical Law in India


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the law affecting the physician-patient relationship in India. Cutting across the traditional compartments with which lawyers are familiar, medical law is concerned with issues arising from this relationship, and not with the many wider juridical relations involved in the broader field of health care law. After a general introduction, the book systematically describes law related to the medical profession, proceeding from training, licensing, and other aspects of access to the profession, through disciplinary and professional liability and medical ethics considerations and quality assurance, to such aspects of the physician-patient relationship as rights and duties of physicians and patients, consent, privacy, and access to medical records. Also covered are specific issues such as organ transplants, human medical research, abortion, and euthanasia, as well as matters dealing with the physician in relation to other health care providers, health care insurance, and the health care system. Succinct and practical, this book will prove to be of great value to professional organizations of physicians, nurses, hospitals, and relevant government agencies. Lawyers representing parties with interests in India will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of medical law in the international context.




Medical Liability in Asia and Australasia


Book Description

This book brings together some of the most respected Asian and Australasian experts on medical liability to provide insightful perspectives on civil and criminal law from selected Australasian jurisdictions. It focuses on the idiosyncrasies of the existing law and case law in this part of the world with regard to medical liability, adopting a comparative and critical perspective. The aim is to provide an overview of the basic elements of medical liability in Asian and Australian jurisdictions, as well as the latest developments and general trends in jurisprudence. Given the broad range of jurisdictions covered, the book offers lawmakers, health administrators and practitioners, both in law and medicine, an alternative approach to the delivery of health care. Further, it is essential reading for all those (academics, lawyers, judges, researchers, practicing doctors and those involved in the growing area of legal medicine) working in medical liability, specially in the Australasian context.




Medical Ethics and Law


Book Description

This short textbook of ethics and law is aimed at doctors in training and in practice. Medical ethics and law are now firmly embedded in the curricula of medical schools. The ability to make clinical decisions on the basis of critical reasoning is a skill that is rightly presumed as necessary in today's doctors. Medical decisions involve not only scientific understanding but also ethical values and legal analysis. The belief that it is ethically right to act in one way rather than another should be based on good reasons: it is not enough to follow what doctors have always done, nor what experienced doctors now do. The third edition has been revised and updated to reflect changes in the core curriculum for students, developments in the law as well as advances in medicine and technology. - The first part of the book covers the foundations of ethics and law in the context of medicine. - The second part covers specific core topics that are essential for health professionals to understand. - The third section of the book includes new chapters on cutting edge topics that will be crucial for the doctors and health professionals of tomorrow. - This new edition includes a new third section that provides an extension to the core curriculum focused on four key emerging topics in medical ethics – neuroethics, genethics, information ethics and public health ethics. - The chapters on Consent, Capacity and Mental Health Law have been extensively revised to reflect changes in legislation. Chapters on confidentiality and information ethics contain new sections relating to information technology, sharing information and breaching confidentiality. - Each chapter contains case examples drawn from personal experience or from the media. - This edition also includes cartoons to highlight cutting edge and topical issues. - Most chapters include revision questions and an extension case to encourage readers who are interested in a topic to explore further.




Tele-oncology


Book Description

This book explains how telemedicine can offer solutions capable of improving the care and survival rates of cancer patients and can also help patients to live a normal life in spite of their condition. Different fields of application – community, hospital and home based – are examined, and detailed attention is paid to the use of tele-oncology in rural/extreme rural settings and in developing countries. The impact of new technologies and the opportunities afforded by the social web are both discussed. The concluding chapters consider eLearning in relation to cancer care and assess the scope for education to improve prevention. No medical condition can shatter people’s lives as cancer does today and the need to develop strategies to reduce the disease burden and improve quality of life is paramount. Readers will find this new volume in Springer’s TELe Health series to be a rich source of information on the important contribution that can be made by telemedicine in achieving these goals.




Physician-Assisted Death


Book Description

Physician-Assisted Death is the eleventh volume of Biomedical Ethics Reviews. We, the editors, are pleased with the response to the series over the years and, as a result, are happy to continue into a second decade with the same general purpose and zeal. As in the past, contributors to projected volumes have been asked to summarize the nature of the literature, the prevailing attitudes and arguments, and then to advance the discussion in some way by staking out and arguing forcefully for some basic position on the topic targeted for discussion. For the present volume on Physician-Assisted Death, we felt it wise to enlist the services of a guest editor, Dr. Gregg A. Kasting, a practicing physician with extensive clinical knowledge of the various problems and issues encountered in discussing physician assisted death. Dr. Kasting is also our student and just completing a graduate degree in philosophy with a specialty in biomedical ethics here at Georgia State University. Apart from a keen interest in the topic, Dr. Kasting has published good work in the area and has, in our opinion, done an excellent job in taking on the lion's share of editing this well-balanced and probing set of essays. We hope you will agree that this volume significantly advances the level of discussion on physician-assisted euthanasia. Incidentally, we wish to note that the essays in this volume were all finished and committed to press by January 1993.




Autonomy, Informed Consent and Medical Law


Book Description

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.




Medical Negligence and the Law in India


Book Description

Medical malpractice, perceived and actual, especially in the current environment of fast paced technological advances, is among the most critical health issues in India today. Related litigation has been increasing year by year, especially since the coming into force of the Consumer Protection Act. 1986. This book provides a comprehensive and detailed survey of the law under the Consumer Protection Act, the law of torts, as well as the Penal Code. It explains how the law operates in the country in the background of increasing doctor- patient conflict and rights consciousness among patients, the ignorance of doctors about law, and the complex problems faced by doctors in public hospitals. It analyses all major cases to date. In parts it addresses doctors in particular and provides guidelines and check lists to help them avoid charges of negligence. It throws significant light on issues relating to medicine and ethics, the duties of doctors, the rights and responsibilities of patients, defences available to doctors, likely areas of litigation in individual medical specialities and types of surgery, and the 'consent' of patients. The book also examines relevant law and cases from other countries.