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Tensions and Traumas in Health Law

Edited by: Ian Freckelton, Kerry Petersen

ISBN13: 9781760021498
Published: November 2017
Publisher: The Federation Press
Country of Publication: Australia
Format: Paperback
Price: £82.99



Despatched in 14 to 16 days.

This book builds upon the successful Controversies in Health Law (1999) and Disputes and Dilemmas in Health Law (2006). Under the same editorship, it is substantially larger (37 chapters instead of 18 and 30 respectively) and correspondingly more comprehensive. It retains the lively analysis and the focus on controversial and cutting-edge problems in health law.

The chapters are broken up into 10 parts covering Human Rights Issues; Ethico-Legal Issues; Global Health Issues; Consent Issues; Privacy and Confidentiality Issues; Reproductive Technology Issues; Health Research Issues; Death and Dying Issues; Legal Liability Issues; and Reform and Regulatory Issues.

They consider issues raised by new technologies, changing legislation and altering community expectations; by new regulatory processes for medicine and all of the health professions; by important changes to civil liability for medical negligence; by likely changes to the legality of assisted dying/euthanasia law; by biobanking and embryo research.

Tensions and Traumas in Health Law covers questions on property in human tissue and on the ethical and legal aspects of the genetics revolution; provides a modern take on ‘old’ issues such as reproductive law and on refusal of treatment for seriously ill minors; takes account of changes relating to the delivery of health services such as global and public health law policies, and by health tourism; reviews the dilemmas posed by regulation of unregistered health professions, research misconduct and the forensic role of health practitioners; and discusses how difficult cases in relation to informed consent, lost chance litigation, mental harm claims and wrongful birth cases have pushed compensability to its edges.

Subjects:
Other Jurisdictions , Australia
Contents:
Foreword
Sheila McLean
Introduction
Ian Freckelton and Kerry Petersen
PART A: HUMAN RIGHTS ISSUES
Health Law and Human Rights: Towards Equality in the Human Right to Health
Penny Weller
Aged Care and Liberty Deprivation
Kate Diesfeld
Mental Health Law
Ian Freckelton and Warren Brookbanks
Accountability through Litigation: Health Care Justice and Australia's Immigration Detention Program
Paula O’Brien
PART B: ETHICO-LEGAL ISSUES
Ethico-Legal Dilemmas in Clinical Service Delivery: Continuity, Recognition and Relationships in Clinical Service Delivery
Grant Gillett
Finite Resources and Clinical Care: Rationing
Jonathan Herring
PART C: GLOBAL HEALTH ISSUES
Health Care and International Trade and Investment
Tom Faunce
Global Health
Belinda Bennett and Belinda Reeve
Public Health Law
Sonia Allan
Transnational Health Care: Regulating the Line Between Hype and Hope in Health Tourism
Ian Freckelton
PART D: CONSENT ISSUES
Cracks in the Lintel of Consent
Cameron Stewart
Refusal of Potentially Life-saving Treatment for Minors
Ian Freckelton and Simon McGregor
End of Life Decision-making for (Extremely) Premature or Critically Impaired Infants
Neera Bhatia
PART E: PRIVACY AND CONFIDENTIALITY ISSUES
Health Privacy and Confidentiality
Danuta Mendelson and Gabrielle Wolf
Genetic Privacy
Margaret Otlowski and Lisa Eckstein
PART F: REPRODUCTIVE TECHNOLOGY ISSUES
Assisted Reproduction: Emerging Technologies, Ethics, Regulation and Practice
Sonia Allan
Non-Medical Sex Selection: Sliding Down the Slippery Slope?
Michelle Taylor-Sands
Surrogacy
Ronli Sifris
PART G: HEALTH RESEARCH ISSUES
Commercialisation of Genomic Research: The Issue of Public Trust
Christine Critchley and Dianne Nicol
Property in Human Biomaterials
Imogen Goold
Human Embryos, Genome Editing and Future Directions
Tess Whitton, Dianne Nicol and Don Chalmers
Gene Patents
Dianne Nicol
Trends and Challenges in Biobanking
Jane Kaye, Jessica Bell, Megan Prictor and Megan Munsie
Research Fraud by Health Practitioners and the Criminal Law
Ian Freckelton and Marilyn McMahon
PART H: DEATH AND DYING ISSUES
Withholding and Withdrawing Potentially Life Sustaining Treatment: Who Should Decide?
Ben White, Lindy Willmott, Eliana Close and Jocelyn Downie
Assisted Dying in Australia: A Values-based Model for Reform
Lindy Willmott and Ben White
Assisted Dying: Learning from the International Experience
Ian Freckelton
Organ Donation
Ann-Maree Farrell
Families in Conflict over their Dead
Rosalind Croucher
Death Investigation and the Role of the Coroner
Ian Freckelton and David Ranson
PART I: LEGAL LIABILITY ISSUES
Medical Practitioner Liability in Negligence
John Devereux
Complementary Health Law
Jon Wardle
The Forensic Role of Health Practitioners
Ian Freckelton
PART J: REFORM AND REGULATORY ISSUES
Health Workforce Conflicts
Debra Griffiths, Robyn Fairhall and Kim Forrester
Abortion Laws: Criminalisation and Decriminalisation
Kerry Petersen
Complaint Resolution, Quality Improvement and Public Protection: The Diverse Roles of Australasian Health Complaints Entities
Ron Paterson and Joanna Manning
Regulation of Health Practitioners
Ian Freckelton and Belinda Bennett