Law and Ethics for Health Practitioners PDF
Preview Law and Ethics for Health Practitioners
Law and Ethics for Health Practitioners SONIA ALLAN, OAM CF LLB (Hons), BA(Hons), MPH (Merit), LLM (Dist), PhD, GDLP GCHE Associate Professor (Health Law) Deakin Law School, Deakin University, Victoria, Australia Sydney Edinburgh London New York Philadelphia St Louis Toronto Table of Contents Cover image Title Page Copyright Dedication Foreword Preface About the Author Acknowledgement Contributors and Reviewers Section 1 Introduction to Law and Ethics for Health Practitioners 1 Introduction to the Australian legal system Introduction Australia as a federation Distribution of power between the states and the commonwealth The separation of powers Legislation Types of law General features of the Australian legal system The court hierarchy Skills relevant to understanding judicial decisions and legislation Further reading Endnotes Review questions and activities 2 Introduction to the Australian health system Introduction The history of Australia's universal health system Access to health care – evolving schemes Healthcare expenditure The charter of healthcare rights Further reading Endnotes Review questions and activities 3 Introduction to ethics and ethical decision making Introduction What is ‘ethics’? Codes of ethics Distinguishing between ethics and law Decision making when faced with an ethical dilemma Deriving a process for ethical decision making Further reading Endnotes Review questions and activities Section 2 Professional Regulation and Key Concepts Relevant to Healthcare Delivery 4 Professional regulation of health practitioners Introduction The National Registration and Accreditation Scheme Voluntary notifications Guidelines for advertising regulated health services Codes of conduct Disciplinary issues Mental or physical incapacity or impairment Disciplinary process Health practitioners not regulated by the National Scheme Further reading Endnotes Review questions and activities 5 Management of health information Introduction Establishing and maintaining healthcare records Computerised records and electronic health Privacy and confidentiality of health information Collecting health information via a third party Access to health information Government policy Access pursuant to the court process Storage and disposal of healthcare records Further reading Endnotes Review questions and activities 6 Negligence Introduction Negligence Elements of a negligence action Wrongful death Apologies The Australian Open Disclosure Framework Vicarious liability Non-delegable duty of care Alternative actions Further reading Endnotes Review questions and activities 7 Intentional torts Introduction Trespass to person Defamation Apologies Damages and costs Further reading Endnotes Review questions and activities 8 Criminal law and issues related to health care Introduction What is a crime? Sources of criminal law Features of the criminal law Elements of a crime Criminal negligence Strict liability Parties to offences: accomplices Criminal law defences Homicide Euthanasia Child destruction and feticide Additional criminal offences Further reading Endnotes Review questions and activities Section 3 Ma�ers of Life and Death 9 Registration of births and deaths and the coroners court Introduction Notification and registration of births and deaths The coroner Further reading Endnotes Review questions and activities 10 Abortion, wrongful birth, wrongful life and prenatal injury Introduction Abortion Claims regarding wrongful birth, wrongful life and prenatal injury Further reading Endnotes Review questions and activities 11 Assisted reproduction and surrogacy Introduction Regulation and oversight of ART Access to ART Parentage Access to information by donor-conceived people Numerical limits for donation Posthumous use of gametes Surrogacy Further reading Endnotes Review questions and activities 12 Advance care planning and the withholding and withdrawal of treatment Introduction Advance care planning and directives Revocation and limits of a decision regarding treatment
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