Professional Documents
Culture Documents
Full Download pdf of (eBook PDF) Medical Law: Text, Cases, and Materials 5th Edition all chapter
Full Download pdf of (eBook PDF) Medical Law: Text, Cases, and Materials 5th Edition all chapter
Full Download pdf of (eBook PDF) Medical Law: Text, Cases, and Materials 5th Edition all chapter
http://ebooksecure.com/product/ebook-pdf-land-law-text-cases-
materials-text-cases-and-materials-4th-edition/
http://ebooksecure.com/product/ebook-pdf-eu-law-text-cases-and-
materials-7th-edition/
http://ebooksecure.com/product/ebook-pdf-public-law-text-cases-
and-materials-4th-edition/
http://ebooksecure.com/product/ebook-pdf-contract-law-text-cases-
and-materials-9th-edition/
(eBook PDF) Criminal Law: Text, Cases, and Materials
9th Edition
http://ebooksecure.com/product/ebook-pdf-criminal-law-text-cases-
and-materials-9th-edition/
http://ebooksecure.com/product/ebook-pdf-commercial-law-text-
cases-and-materials-4th-edition/
http://ebooksecure.com/product/ebook-pdf-equity-trusts-text-
cases-materials-text-cases-and-materials-3rd-edition/
http://ebooksecure.com/product/ebook-pdf-complete-criminal-law-
text-cases-and-materials-7th-edition/
http://ebooksecure.com/product/ebook-pdf-intellectual-property-
law-text-cases-and-materials-3rd-edition/
PREFACE
There are a few changes to the organization of the fifth edition of this book. For anyone who
is used to using the fourth edition, I thought I should explain what I have done differently
this time. First, the chapter on capacity used to cover the medical treatment of both adults
who lack capacity and children. Now Chapter 5 just covers adults, and Chapter 6 deals with
children. Secondly, because there was always some repetition between Chapter 5 and the se-
cond half of Chapter 17 (which covered the withdrawal of life-prolonging treatment from pa-
tients who lack capacity), I have incorporated the question of when it is possible to withhold
or withdraw life-prolonging treatment from patients who lack capacity into Chapters 5 and
6. Chapter 17 therefore only addresses assisted dying. Thirdly, the chapter that used to deal
with embryo and stem cell research now incorporates some discussion of emerging biotech-
nologies. Fourthly, the freestanding chapter on liability for occurrences before birth has gone,
and this is covered, in a slightly shortened form, in Chapter 3 on medical malpractice.
Obviously, I’ve made these changes because I think they make sense, and avoid repetition,
and I hope that readers who are familiar with previous editions don’t find them too distracting.
Emily Jackson
NEW TO THIS EDITION
We are grateful to the following for permission to reproduce copyright material and commer-
cial documents:
Crown copyright material is reproduced under Class Licence Number C2006010631 with the
permission of the Controller of HMSO and the Queen’s Printer for Scotland. Parliamentary
copyright material is reproduced with the permission of the Controller of Her Majesty’s
Stationery Office on behalf of Parliament.
BMJ Publishing Group Ltd.: extract from V Larcher, F Craig, K Bhogal, et al on behalf of
the Royal College of Paediatrics and Child Health,‘Making decisions to limit treatment in
life-limiting and life-threatening conditions in children: a framework for practice’, Archives of
Disease in Childhood 100 (2015).
Cambridge University Press: extract from Bernard Williams, Making Sense of Humanity and
Other Philosophical Papers (CUP: Cambridge, 1995).
Crown copyright material: extracts from Mental Capacity Act 2005; The Mental Capacity Act
2005 (Independent Mental Capacity Advocates) (General) Regulations 2006; Mental Capacity
Act 2005 Code of Practice (TSO: London, 2007); Guidance on implementing the overseas vis-
itor hospital charging regulations 2015 (DH: London, 2015); Modernising the Mental Health
Act: increasing choice, reducing compulsion (DHSC, 2018).
Crown Prosecution Service: extract from DPP Policy for Prosecutors in Respect of Cases of
Encouraging or Assisting Suicide (CPS, 2010).
England and Wales Court of Appeal: extract from Re A (Children) (Conjoined Twins: Surgical
Separation) [2000] EWCA Civ 254; Parkinson v St James and Seacroft University Hospital NHS
Trust [2001] EWCA Civ 530; Nicklinson v Ministry of Justice [2013] EWCA Civ 961; R (on
the application of Tracey) v Cambridge NHS Foundation Trust [2014] EWCA Civ 822; Great
Ormond Street Hospital for Children NHS Foundation Trust v Yates [2017] EWCA Civ 410; and
Re H (A Child) (Surrogacy Breakdown) [2017] EWCA Civ 1798.
England and Wales Court of Protection: extract from M v N [2015] EWCOP 76; Wye Valley
NHS Trust v B [2015] EWCOP 60.
General Medical Council: extract from Confidentiality: good practice in handling patient in-
formation (GMC, 2018).
High Court of Justice of England and Wales (EWHC): extracts from Eleanor King J, An NHS
Trust v DE [2013] EWHC 2562 (Fam); Re JA (A Minor) (Medical Treatment: Child Diagnosed
with HIV) [2014] EWHC 1135 (Fam); W v M (An Adult Patient) [2011] EWHC 1197 (Fam);
Stone v South East Coast Strategic Health Authority [2006] EWHC 1668 (Admin); and Great
Ormond Street Hospital for Children NHS Foundation Trust v Yates [2017] EWHC 1909 (Fam).
House of Lords (UKHL): extracts from McFarlane v Tayside Health Board [1999] UKHL
50; Campbell v MGN (Mirror Group Newspapers) [2004] UKHL 22; and Rees v Darlington
Memorial Hospital NHS Trust [2003] UKHL 52.
xii | Acknowledgements
Incorporated Council of Law Reporting for England and Wales (ICLR): extracts from
the Law Reports: Appeal Cases (AC), King’s Bench Division (KB), and Queen’s Bench
Division (QB).
Publications Office of the European Union: extract from Regulation (EU) 2016/679 of the
European Parliament and of the Council of 27 April 2016 on the protection of natural per-
sons with regard to the processing of personal data and on the free movement of such data,
and repealing Directive 95/46/EC (General Data Protection Regulation); Regulation (EU) No
536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on
medicinal products for human use, and repealing Directive 2001/20/EC.
Supreme Court of the United Kingdom: extracts from: Darnley v Croydon Health Services
NHS Trust [2018] UKSC 50; Montgomery v Lanarkshire Health Board [2015] UKSC
11; Cheshire West and Chester Council v P [2014] UKSC 19; Rabone v Pennine Care NHS
Foundation Trust [2012] UKSC 2; R (Nicklinson and Another) v Ministry of Justice [2014]
UKSC 38; and Re (Northern Ireland Human Rights Commission’s Application for Judicial
Review) [2018] UKSC 27.
Every effort has been made to trace and contact the copyright holders but this has not been
possible in all cases. If notified, the publisher will undertake to rectify any errors or omissions
at the earliest opportunity.
OUTLINE CONTENTS
1 An introduction to bioethics 1
2 The provision of healthcare services: the NHS, resource allocation,
and public health 36
3 Medical malpractice 121
4 Informed consent 195
5 Incapacity I: Adults 237
6 Incapacity II: Children 302
7 Mental health law 351
8 Confidentiality 420
9 Genetic information 470
10 Clinical research 506
11 The regulation of medicines 573
12 Organ transplantation 625
13 Embryo research, stem cells, and emerging biotechnologies 691
14 Abortion 735
15 Assisted conception 792
16 Surrogacy 861
17 Assisted dying 905
Index979
CONTENTS
1 AN INTRODUCTION TO BIOETHICS 1
1 Introduction 1
2 Bioethics 2
3 How Should We Make Difficult Ethical Decisions? 5
(a) Religious Bioethics 7
(b) Secular Bioethics 12
(c) Common Justificatory Strategies 28
4 Conclusion 34
Further Reading 35
1 Introduction 37
2 The Modern NHS 38
(a) Scarcity 39
(b) The Organization of the NHS 41
5 Public Health 96
(a) What is Public Health Law? 96
(b) Public Health Interventions 98
6 Conclusion 118
Further Reading 119
1 Introduction 121
2 Breach of Contract 122
3 Negligence 123
(a) The Existence of a Duty of Care 123
(b) Breach 131
(c) Causation 141
(d) Defences 146
(e) Limitation Periods 147
1 Introduction 195
2 Why Inform Patients? 196
3 Legal Protection for Patients’ Interests in Information Disclosure 202
Contents | xvii
4 Conclusion 299
Further Reading 301
1 Introduction 302
2 Parental Consent 302
3 Court Involvement 306
(a) Controversial Medical Treatments 308
(b) Disagreements between Parents and Doctors 311
(c) End-of-life Decision-making 314
(d) Charlie Gard and Alfie Evans 319
(e) Should ‘Best Interests’ be Replaced by ‘Significant Harm’? 323
(f) Mediation 326
7 Conclusion 349
Further Reading 350
1 Introduction 351
2 A Short History of Mental Health Law and Policy 353
(a) Decarceration 355
(b) Detention for Dangerousness 356
(c) Non-Discrimination 359
6 Discharge 403
(a) Review of Detention 404
(b) Criteria for Review 405
(c) The Need for Speedy Review 407
(d) Status of the Tribunal Decision 407
8 CONFIDENTIALITY 420
1 Introduction 420
2 Why Respect Confidentiality? 421
Contents | xix
7 Remedies 461
8 Access to Medical Records 462
9 Electronic Patient Records 463
10 Big Data and mHealth 464
11 Conclusion 468
Further Reading 469
1 Introduction 506
2 Animal Experiments 509
(a) Regulation of Experiments Involving Animals 509
xx | Contents
1 Introduction 573
2 What is a Medicine? 577
(a) Defining Medicinal Products 577
Contents | xxi
3 Licensing 583
(a) Marketing Authorization 583
(b) Complementary and Alternative Medicine 588
(c) Classification of Medicines 590
(d) Online Pharmacies 591
(e) Post-Licensing Regulation 593
(f) The Impact of Regulation 596
6 Conclusion 621
Further Reading 624
1 Introduction 625
2 Dead Donors 628
(a) The ‘Dead Donor’ Rule and Brain Death 628
(b) Circulatory Death 635
(c) Types of Transplant 637
(d) Authorization of Removal 643
(e) System for Removal and Allocation 648
(f) Law Reform 649
(g) Alternative Strategies 655
4 Xenotransplantation 679
(a) Practical Problems 680
(b) Ethical Concerns 685
(c) Xenotransplantation in the UK 689
5 Conclusion 689
Further Reading 690
xxii | Contents
14 ABORTION 735
1 Introduction 735
2 The Ethics of Abortion 736
(a) The Moral Status of the Fetus 736
(b) The Pregnant Woman’s Right to Self-Determination 740
(c) A Compromise Position? 742
1 Introduction 792
2 Regulation of Assisted Conception 794
(a) The Human Fertilisation and Embryology Authority 794
(b) Licensing 795
(c) Limits on the HFEA’s Powers 797
(d) Recording and Disclosing Information 800
(e) The Conscience Clause 800
(f) Regulating Access to Treatment 801
(g) Regulating the Use of Gametes and Embryos 808
(h) Parentage 827
(i) Preimplantation Genetic Diagnosis (PGD) 835
3 Conclusion 859
Further Reading 859
16 SURROGACY 861
5 Conclusion 901
Further Reading 903
1 Introduction 905
2 The Current Law 906
(a) Euthanasia 906
xxiv | Contents
Index 979
Another random document with
no related content on Scribd:
“Sure, we’ll round them up if it can be done,” announced Dick
Rover.
All entered the house, and very soon the boys and the others were
provided by the Corning sisters with a substantial breakfast. While
eating, the lads told their story and then the men questioned Ocker.
The good luck of the Rover boys in escaping from the cave and
falling in with the man who had guided them to the Corning place
was followed directly after breakfast by more good luck. Two
cowboys and six miners, including Lew Billings and Hank Butts,
came riding by the place and were immediately halted and told what
was in the air. These men at once agreed to join the others in an
attempt to bring Davenport and his cohorts to justice.
“I want to go along,” said Jack to his father when the posse was
ready to start, and the other lads echoed that sentiment, and
somewhat against the wishes of their parents the four boys joined
the men in the hunt for the rascals.
The round-up lasted until sundown, when Davenport, Tate and
Jackson were located by part of the crowd under Dick Rover.
Several shots were exchanged and Davenport received a slight
wound in the shoulder. Then the three men held up their hands in
token of surrender.
In the meantime the boys and some of the other men managed to
catch Digby and Booster. The young man who had so imposed upon
the lads in New York and Chicago did his best to get away and then
tried to show fight. But Jack promptly knocked him down by a
smashing blow on the jaw, and when Booster got up again Randy hit
him in the ear and Fred got behind him so that when Andy gave the
fellow a shove he went down flat on his back with a thud. Then he
was captured and his hands were bound tightly behind him.
“I don’t think you’ll play any more confidence games in a hurry,”
said Jack. And he was right, for as a result of his participation in the
plot against the boys, Joe Booster, as well as Digby, was sent to
prison for a number of years.
Davenport, Tate and Jackson looked much crestfallen when
confronted by the lads and their fathers. They were fearful of being
lynched, knowing that some of the miners and cowboys might be in
favor of such a proceeding. They were glad when the sheriff was
called and they were taken off to the county jail. They, too, were
sentenced to prison for long terms.
From Ocker Tom Rover was able to gain much information
regarding Peter Garrish and his method of running the Rolling
Thunder mine. As a result of this and the action of Tom and several
of the other large stockholders Garrish was compelled to cancel a
contract he had made with the ore company in which he and his
friends were interested and was likewise made to surrender some
stock which he had appropriated. Then he was allowed to retire, a
poorer if not a wiser man.
Because of what he had done for the boys and for Tom, Ocker
was not prosecuted. Instead, the Rovers gave him sufficient money
to buy his passage to the gold fields of Alaska where, they hoped, he
would turn over a new leaf and make a real man of himself.
“Well, they didn’t get that hundred and fifty thousand dollars after
all!” chuckled Randy after the rascals had been rounded up and the
boys were safe once more at Cal Corning’s house.
“No, they didn’t get it,” answered his father. “Just the same, we
were ready to pay it in case we couldn’t get any trace of you.”
“It certainly was a strenuous experience—being kept prisoners in
that cave on the mountainside,” said Jack. “I don’t believe we’ll ever
have such a thrilling thing happen again.” But Jack was mistaken.
More thrilling days were in store for the four lads, and what these
were will be related in another volume, to be entitled “The Rover
Boys Winning a Fortune.”
During the week the boys had spent as prisoners a number of
letters had come for them, including communications from their
mothers and from the girls, and also letters from Gif, Spouter and
Phil Franklin.
“Well, the girls are having a good enough time,” said Jack, who
was reading a letter from Ruth. “And I’m glad of it.”
“I suppose they’ll be coming home soon, now that the Davenport
crowd are rounded up,” returned Fred.
“Here’s good news from Phil Franklin!” burst out Andy. “He’s found
the silver trophy. Fished it up out of the lake two days after he sent
that last letter.”
“Good enough!” cried his twin. “Now we won’t have that on our
minds any more,” and his face showed his satisfaction. “Now if only
we could get a new cannon for Colonel Colby, to replace the one that
busted, we’ll be all right.” And let me add here that later on Jack’s
father did obtain a new piece from the government and it was
installed on the Military Academy campus with much ceremony.
And now, while the Rover boys are talking about their friends and
discussing the finding of the silver trophy, and their adventures while
prisoners on the mountainside, we will say good-by.
THE END
This Isn’t All!
Would you like to know what became of the good friends you have
made in this book?
Would you like to read other stories continuing their adventures and
experiences, or other books quite as entertaining by the same
author?
On the reverse side of the wrapper which comes with this book, you
will find a wonderful list of stories which you can buy at the same
store where you got this book.
Thrilling tales of the great west, told primarily for boys but which
will be read by all who love mystery, rapid action, and adventures in
the great open spaces.
The Manly Boys, Roy and Teddy, are the sons of an old ranchman,
the owner of many thousands of heads of cattle. The lads know how
to ride, how to shoot, and how to take care of themselves under any
and all circumstances.
The cowboys of the X Bar X Ranch are real cowboys, on the job
when required but full of fun and daring—a bunch any reader will be
delighted to know.
By ALLEN CHAPMAN
Author of the “Railroad Series,” Etc.
Here is a series that gives full details of radio work both in sending
and receiving—how large and small sets can be made and operated,
and with this real information there are the stories of the radio boys
and their adventures. Each story is a record of thrilling adventures—
rescues, narrow escapes from death, daring exploits in which the
radio plays a main part. Each volume is so thoroughly fascinating, so
strictly up-to-date, and accurate that all modern boys will peruse
them with delight.
Each volume has a foreword by Jack Binns, the well known radio
expert.
Transcriber’s Notes:
A List of Illustrations has been provided for the convenience
of the reader.
Printer’s, punctuation and spelling inaccuracies were silently
corrected.
Archaic and variable spelling has been preserved.
Variations in hyphenation and compound words have been
preserved.
*** END OF THE PROJECT GUTENBERG EBOOK THE ROVER
BOYS ON SUNSET TRAIL; OR, THE OLD MINER'S MYSTERIOUS
MESSAGE ***