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Vol 21 No 10 Oct/Nov 2016

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Law, Ethics and Compromise at the Limits of Life: To Treat or Not to Treat?


ISBN13: 9780415492805
Published: September 2012
Publisher: Routledge
Country of Publication: UK
Format: Paperback
Price: £31.99



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A conflict arises in the clinic over the care of a critically ill, incapacitated patient. The clinicians and the patient's family confront a difficult choice: to treat or not to treat? Decisions to withdraw or withhold life-sustaining treatment feature frequently in the courts and in the world's media, with prominent examples including the cases of Charlotte Wyatt, in the UK, and Terri Schiavo, in the USA. According to legislation like the Mental Capacity Act 2005, the central issues are the welfare (or 'best interests') of the patient, alongside any wishes they might have conveyed, via an 'advance directive' or through the appointment of a 'lasting power of attorney'. Richard Huxtable argues that the law governing both welfare and wishes frequently fails to furnish clinicians and families with the guidance they require. However, he finds this unsurprising, given the competing ethical issues at stake. Huxtable proposes that there is a case for 'principled compromise' here, such that the processes for resolving principled disputes take precedence. He argues for greater ethical engagement, through a reinvigorated system of clinical ethics support, in which committees work alongside the courts to resolve the conflicts that can arise at the limits of life. Providing a comprehensive account of the law pertaining to children and adults alike, and distinctively combining medico-legal and bioethical insights, this book engages scholars and students from both disciplines, as well as informing clinicians about the scope (and limits) of law at the limits of life.

Subjects:
Medical Law
Contents:
1. Judging Law and Ethics at the Limits of Life
2. Law at the Limits of Life: Children, Welfare and Best Interests
3. Law at the Limits of Life: Adults, Incapacity and Precedent Autonomy
4. The Limits of Law at the Limits of Life: To Treat or Not to Treat?
5. Calculating the Value of Life at the Limits of Life
6. A Case for Compromise at the Limits of Life
7. Crafting Compromise: Courts or Clinical Ethics Committees?
8. Committees, Courts and Compromise at the Limits of Life

Series: Biomedical Law & Ethics Library

Revisiting Landmark Cases in Medical Law ISBN 9781138808331
To be published June 2017
Routledge
£90.00
Bioethics: Methods, Theories, Domains ISBN 9781138789937
Published April 2014
Routledge
£26.95
Medical Ethics in China: A Transcultural Interpretation ISBN 9780415724562
Published September 2013
Routledge
£26.95
The Connected Self: The Ethics and Governance of the Genetic Individual ISBN 9781107008601
Published January 2013
Cambridge University Press
£64.99
£22.46 + £4.49 VAT
(ePub)
Buy
Medical Ethics in China: A Transcultural Interpretation ISBN 9780415689496
Published December 2011
Routledge
£90.00
Bioethics: Methods, Theories, Domains (eBook) ISBN 9781136190070
Published October 2011
Routledge
£22.46 + £4.49 VAT
(ePub)
Buy
Bioethics: Methods, Theories, Domains ISBN 9780415609913
Published October 2011
Routledge
£95.00
Healthcare Research Ethics and Law: Regulation, Review and Responsibility ISBN 9780415429177
Published October 2009
Routledge-Cavendish
£35.99
The Body in Bioethics ISBN 9781844720569
Published April 2009
Routledge-Cavendish
£35.99
Values in Medicine: What are we Really Doing to Patients? ISBN 9780415424684
Published December 2007
Routledge-Cavendish
£105.00
Medicine, Malpractice and Misapprehensions ISBN 9780415428095
Published December 2007
Routledge-Cavendish
£35.99
Values in Medicine: What are we Really Doing to Patients? ISBN 9780415424691
Published December 2007
Routledge-Cavendish
£35.99
Euthanasia, Ethics and the Law: From Conflict to Compromise ISBN 9781844721061
Published November 2007
Routledge-Cavendish
£35.99
Assisted Dying: Reflections on the Need for Law Reform ISBN 9781844720545
Published November 2007
Routledge-Cavendish
£35.99
The Best Interests of the Child in Healthcare ISBN 9781844720422
Published October 2007
UCL Press
£35.99
Bioethics and the Humanities: Attitudes and Perceptions ISBN 9781844720521
Published March 2007
Routledge-Cavendish
£35.99
Impairment and Disability: Law and Ethics at the Beginning and End of Life ISBN 9781844720408
Published February 2007
Routledge-Cavendish
£35.99
The Harm Paradox: Tort Law and the Unwanted Child in an Era of Choice ISBN 9781844721085
Published January 2007
Routledge-Cavendish
£35.99
Human Fertilisation and Embryology: Reproducing Regulation ISBN 9781844720903
Published December 2006
UCL Press
£35.99
Publication Abandoned