Muutke küpsiste eelistusi

Research Handbook on Medical Consent [Kõva köide]

Edited by , Edited by
This insightful Research Handbook examines the persistent tensions between medical practitioners and patients in the context of consent. Experts contributors from legal, philosophical and medical fields explore the impact of the Supreme Court’s 2015 decision in Montgomery v Lanarkshire Health Board through a variety of lenses.

This insightful Research Handbook examines the persistent tensions between medical practitioners and patients in the context of consent. Experts contributors from legal, philosophical and medical fields explore the impact of the Supreme Court’s 2015 decision in Montgomery v Lanarkshire Health Board through a variety of lenses.

Chapters cover the safety dimensions of consent, as well as the role of objective perspectives, autonomy and dignity. They address medical consent in research and innovative treatments in different jurisdictions, focusing on areas where varied interests are not easily resolved, such as abortion, end of life care, mental capacity and the treatment of children and older people. The Research Handbook also highlights the difficulties of applying legal and ethical rules of consent in the setting of Emergency departments.

This is an essential resource for students and academics specialising in health law, philosophy and ethics and for those interested in the tensions of informed medical consent. It is also a beneficial guide for medical and legal practitioners, presenting crucial insights into the practicalities of implementing legal regulations around medical consent.

Arvustused

The Research Handbook on Medical Consent is a very welcome addition to the literature which sheds new light on perennial issues, such as autonomy, as well as addressing recent legal developments. This rich and international collection will be invaluable to academics, students, healthcare professionals and policy makers alike. -- Annie Sorbie, University of Edinburgh, UK This timely collection comes hot on the heels of the UK Supreme Courts decision in McCulloch v Forth Valley Health Board. In my view, it should be on the bookshelves of everyone interested in the law of consent to medical interventions. -- Shaun D. Pattinson, Durham University, UK Miola and Austin have assembled the worlds leading experts in medical consent to provide readers an unparalleled detailed exposé on what it means, and ought to mean, for healthcare providers to respect patients in their medical encounter through the provision of health-related information that is conversational, graspable, and contextualized to the patients values and circumstances, as balanced against what healthcare providers consider to be in the patients best interests. This volume deftly demonstrates the rich, dynamic complexity that medical consent engenders. It will be the preeminent go-to reference on the topic for many years to come. -- Edward Dove, Maynooth University, Ireland Medical consent is perhaps the ultimate example of an imperfectly theorised agreement. In this superbly edited volume, an all star international cast shed light on the consequences for patients, doctors and wider society, to stimulating and challenging effect. -- Alex Ruck Keene KC (Hon), 39 Essex Chambers and King's College London, UK

Contents
List of contributors vii
1 Introduction: navigating the complexities of medical consent 1
Louise Austin and José Miola
PART I INFORMED CONSENT AND THE IMPACT OF MONTGOMERY
2 Mind the (ethico-legal) gap: the relationship between medical law and
ethics in informed consent 7
Louise Austin and José Miola
3 Impact of Montgomery on clinical practice: the use of core information sets
25
Barry G. Main and Jane M. Blazeby
4 Rogers v Whitaker: much ado about nothing 63
Bernadette Richards
5 Medical negligence and the duty to advise: a Singapore story 76
Kumaralingam Amirthalingam
6 The Montgomery mistake 98
Craig Purshouse
7 Clinical practice guidelines for consent after Montgomery: uneasy
bedfellows or a workable partnership? 112
Jo Samanta and Ash Samanta
PART II PERSPECTIVES ON INFORMED CONSENT
8 Healthcare harm and the safety of informed consent 143
Oliver Quick
9 Causation and consent to medical treatment: the risks and benefits of a
consent-based approach to causation in negligence 163
Gemma Turton
10 Alternatives to autonomy 185
Charles Foster
11 Medical consent and the broader consent paradigm 200
Tsachi Keren-Paz
PART III NEW AND EXPERIMENTAL TREATMENTS AND PROCEDURES
12 Consent to innovative and experimental treatments from a Singaporean
perspective 235
Sumytra Menon
13 Informed consent, English law and implantable medical devices: learning
the lessons from the vaginal mesh scandal 247
Jean V. McHale
14 Consent for data and tissue research 266
Angela Ballantyne
PART IV CONSENT AT THE MARGINS
15 British abortion law and the challenges of consent 290
Rachel Arkell and Clare Murphy
16 Adolescent consent to treatment for gender dysphoria in England and Wales
310
Emma Cave
17 Consent in emergency medicine 328
Rebecca Whiticar
18 Informed consent at the end of life 346
Rob Heywood
PART V PROXY CONSENT
19 Whats the harm? An analysis of best interests through the lens of harm
reduction and relative harm in the context of disagreement in the care of
critically ill children 368
Peta Coulson-Smith and Emma Nottingham
20 The role and influence of social media on medical treatment decisions for
critically ill children 394
Neera Bhatia
21 Consent and mental capacity law: a story of (dis)empowerment and medical
dominance 412
Beverley Clough and Ruby Reed-Berendt
22 Proxy consent for the elderly: a relational autonomy perspective 442
Roy Gilbar
23 Conclusion: (re)considering consent in medicine the role of the law,
patient autonomy, and consent 459
Sara Fovargue
Edited by José Miola and Louise Austin, Leicester Law School, The University of Leicester, UK