The Globalization of Health Care: Legal and Ethical Issues PDF
Preview The Globalization of Health Care: Legal and Ethical Issues
The Globalization of Health Care This page intentionally left blank The Globalization of Health Care LEGAL AND ETHICAL ISSUES Edited by I. Glenn Cohen 1 1 Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offices in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary I taly Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Oxford is a registered trade mark of Oxford University Press in the UK and certain other countries. Published in the United States of America by Oxford University Press 1 98 Madison Avenue, New York, NY 10016 © Oxford University Press 2013 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above. Y ou must not circulate this work in any other form and you must impose this same condition on any acquirer. Library of Congress Cataloging-in-Publication Data T he globalization of health care : legal and ethical issues/edited by Glenn I. Cohen. p. cm. Includes bibliographical references and index. ISBN 978–0-19–991790–7 ((hardback) : alk. paper) 1. Medical care—Law and legislation. 2. Health services accessibility—Law and legislation. 3. Right to health—Moral and ethical aspects. 4. Health care reform. 5. Medical ethics. I. Cohen, Glenn I. K3601.G56 2013 344.04'1—dc23 2012022948 9 8 7 6 5 4 3 2 1 Printed in the United States of America on acid-free paper Note to Readers T his publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is based upon sources believed to be accurate and reliable and is intended to be current as of the time it was written. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Also, to confirm that the information has not been affected or changed by recent developments, traditional legal research techniques should be used, including checking primary sources where appropriate. (Based on the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations.) You may order this or any other Oxford University Press publication by visiting the Oxford University Press website at www.oup.com To Bert, Ginger, and Jon: Wherever you are on the globe, you are always close in my heart. This page intentionally left blank Contents Acknowledgments xi Introduction x iii I. Glenn Cohen Part I | Medical Tourism For Services Legal in the Patient’s Home Country 1. Patient Mortality in Medical Tourism: Examining News Media Reports of Deaths following Travel for Cosmetic Surgery or for Bariatric Surgery 3 Leigh Turner 2. J urisdiction 101 for Medical Tourism Purchases Made in Europe 33 Th omas R. McLean 3. C anadian Print News Media Coverage of Medical Tourism: Examining Key Th emes and Ethical Gaps 52 Valorie A. Crooks, Jeremy Snyder, Leigh Turner, Krystyna Adams, Rory Johnston, and Victoria Casey 4. C ross-Border Health Care and the Hydraulics of Health Reform 65 Nathan Cortez 5. Current Legislation on Cross-Border Health Care in the European Union 83 Hilko J. Meyer 6. M edical Tourism and Global Justice 104 I. Glenn Cohen For Services Illegal or Unapproved in the Patient’s Home Country 7. Th e Proportionality Problem in Cross-Border Reproductive Care 125 Richard F. Storrow vii viii Contents 8. O pen Fertility Borders: Defending Access to Cross-Border Fertility Care in the United States 148 Kimberly M. Mutcherson 9. T ourism: A Matter of Life and Death in the United Kingdom 164 Hazel Biggs and Caroline Jones 10. Th e Roles and Responsibilities of Physicians in Patients’ Decisions about Unproven Stem Cell Th erapies 182 Aaron D. Levine and Leslie E. Wolf Part II | Medical Worker Migration 11. Global Policies and Local Practice in the Ethical Recruitment of Internationally Trained Health Human Resources 203 Vivien Runnels, Corinne Packer, and Ronald Labont é 12. Conditioning Medical Scholarships on Long, Future Service: A Defense 220 Nir Eyal and Till B ä rnighausen 13. A Global Legal Architecture to Address the Challenges of International Health Worker Migration: A Case Study of the Role of Nonbinding Instruments in Global Health Governance 233 Allyn L. Taylor and Ibadat S. Dhillon Part III | The Globalization of Research and Development 14. C linical Trials Registration and Results Reporting and the Right to Health 255 Trudo Lemmons and Candice Telfer 15. Th e New Global Framework for Pandemic Infl uenza Virus- and Vaccine-Sharing 272 Robert Gatter 16. Off shoring Experiments, Outsourcing Public Health: Corporate Accountability and State Responsibility for Violating the International Prohibition on Nonconsensual Human Experimentation 286 Bethany Spielman 17. Beyond Patents: Global Challenges to Aff ordable Medicine 302 Cynthia M. Ho 18. Combating Antibiotic Resistance through the Health Impact Fund 318 Kevin Outterson, Th omas Pogge, and Aidan Hollis Part IV | Telemedicine 19. Electronic Medical Tourism and the Medical World Wide Web 341 Gil Siegal Contents ix 20. Legal and Regulatory Barriers to Telemedicine in the United States: Public and Private Approaches toward Health Care Reform 359 Deth Sao, Amar Gupta, and David A. Gantz Part V | Health Care Globalization, Equity, and Justice 21. Global Health Governance as Shared Health Governance 381 Jennifer Prah Ruger 22. Global Health Care Is Not Global Health: Populations, Inequities, and Law as a Social Determinant of Health 403 Daniel S. Goldberg 23. G lobal Rights and the Sanctity of Life 421 Pavlos Eleftheriadis Index 439
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