Medical Ethics and Medical Law A Symbiotic Relationship 1st Edition by Jos Miola ISBN 978-1841135083 1841135089

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Product details: 

ISBN 10:  1841135089

ISBN 13: 978-1841135083

Author:  Jos Miola

Medical law and ethics are frequently referred to in conjunction, and appear together in many textbooks. But do they combine to form a cohesive unit, and do they benefit each other? It may be argued that they do not, but rather suffer a symbiotic relationship, clashing rather than cooperating. This book examines this relationship, and how the law sees medical ethics. It then considers whether medical ethics functions in the way that the law thinks that it does. After providing a historical perspective that identifies medical ethics discourse as disjointed and fragmented, the book continues by examining key medico-legal case law and reports that have an inherent ethical content for clues as to how they define medical ethics and its role. It also considers how medical ethics sees the law, concluding that a misapprehension by each party as to what the other does creates a mutually harmful relationship between them.

Table of contents: 

1 Introduction

I. Setting the Scene.

II. The Bristol Inquiry Report

III. The Analogy with Medical Ethics..

IV. Enter the Law.

2 Historical Perspectives of Medical Ethics

I. Introduction

II. Ancient Greek Medical Ethics – The Beginning

III. Between the Greeks and the 19th Century – The ‘Dark Ages’.

IV. The 19th Century – The Institutionalisation of Medical Ethics

V. Conclusion

3 The Medical Ethics Renaissance: A Brief Assessment

I. Introduction..

II. Nuremburg and Technology – The Catalysts.

III. The Proliferation of Medical Ethics

IV. The Appropriation of Medical Ethics

V. The Medical Profession’s Response to the Appropriation of Medical Ethics

VI. Applying Contemporary Medical Ethics..

VII. Conclusion

4 Risk Disclosure/’Informed Consent’

I. Introduction..

II. Sidaway – From Radicalism to Conservatism

III. Blyth, Gold and the Sidaway Aftermath -Ethics Ignored..

IV. Smith and Pearce – Rediscovering the Ethical Context…..

V. Chester v Afshar – The Primacy of Principle.

VI. Ethical Guidance.

VII. Conclusion

5 Consent, Control and Minors – Gillick and Beyond

I. Introduction.

II. Gillick A Tale of Two Views

III. Re R- Empowering Medical Ethics.

IV. Re W-Total Confidence in Medical Ethics

V. Axon-Gillick Revisited.

VI. Ethical Guidance…

VII. Conclusion

6 Sterilisation/Best Interests – Legislation Intervenes

I. Introduction.

II. Re B- Declining to Define Best Interests.

III. F v West Berkshire – Unabashed Bolamisation..

IV. Re A (Male Sterilisation) – Reclaiming Control

V. Re SL (Adult Patient) (Sterilisation) – Continuing the Approach.

VI. Law Reform.

VII. Ethical Guidance.

VIII. Conclusion

7 The End of Life – Total Abrogation

I. Introduction.

II. Airedale NHS Trust v Bland – An Eclectic Mix

III. Re G-More Unabashed Abrogation

IV. Ms B-When Ethics are not ‘Ethics’

V. Burke-Two Contrasting Judgments

VI. Ethical Guidance.

VII. Conclusion

8 Medical Ethics in Government-Commissioned Reports

I. Introduction.

II. The Warnock Committee Report -Merging the Fragments

III. The House of Lords Select Committee on Medical Ethics -Total, Hippocratic Confidence….

IV. The Joffe Bill Select Committee Report –

Avoiding the Question

V. Conclusion

9 Conclusion

I. Medical Law and Medical Ethics – A Symbiotic Relationship.

II. Cultural Flaws within the Medical Profession…

III. Excessive Professional Autonomy.

IV. Fragmentation….

V. The Dangers of Fragmentation

VI. Rectifying the Problem – A Proposal for the Future

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Tags: Jos Miola, Medical Ethics, Medical Law A Symbiotic