The Legitimacy of Medical Treatment: What Role for the Medical Exception? PDF
Preview The Legitimacy of Medical Treatment: What Role for the Medical Exception?
The Legitimacy of Medical Treatment W henever the legitimacy of a new or ethically contentious medical intervention is considered, a range of influences will determine whether the treatment becomes accepted as lawful medical treatment. The development and introduction of abor- tion, organ donation, gender reassignment, and non-therapeutic cosmetic surgery have, for example, all raised ethical, legal, and clinical issues. This book examines the various factors that legitimatise a medical procedure. B ringing together a range of internationally and nationally recognised aca- demics from law, philosophy, medicine, health, economics, and sociology, the book explores the notion of a treatment, practice, or procedure being proper medi- cal treatment, and considers the range of diverse factors which might influence the acceptance of a particular procedure as appropriate in the medical context. Contributors address such issues as clinical judgement and professional autonomy, the role of public interest, and the influence of resource allocation in decision- making. In doing so, the book explores how the law, the medical profession, and the public interact in determining whether a new or ethically contentious procedure should be regarded as legitimate. This book will be of interest and use to researchers and students of bioethics, medical law, criminal law, and the sociology of medicine. Sara Fovargue is Reader in Law, at Lancaster University, and Co-Director of the Lancaster Centre for Bioethics and Medical Law. Alexandra Mullock is a Lecturer in Medical Law at the University of Man- chester, and a member of the Centre for Social Ethics and Policy at the University. Biomedical Law and Ethics Library Series Editor: Sheila A. M. McLean Scientific and clinical advances, social and political developments and the impact of healthcare on our lives raise profound ethical and legal questions. Medical law and ethics have become central to our understanding of these problems, and are important tools for the analysis and resolution of problems – real or imagined. I n this series, scholars at the forefront of biomedical law and ethics contribute to the debates in this area, with accessible, thought-provoking, and sometimes controversial, ideas. Each book in the series develops an independent hypothesis and argues cogently for a particular position. One of the major contributions of this series is the extent to which both law and ethics are utilised in the content of the books, and the shape of the series itself. T he books in this series are analytical, with a key target audience of lawyers, doctors, nurses, and the intelligent lay public. Available titles: Human Fertilisation and Embryology Reproducing regulation Kirsty Horsey & Hazel Biggs Intention and Causation in Medical Non-killing The impact of criminal law concepts on euthanasia and assisted suicide Glenys Williams Impairment and Disability Law and Ethics at the Beginning and End of Life Sheila McLean & Laura Williamson Bioethics and the Humanities Attitudes and Perceptions Robin Downie & Jane Macnaughton Defending the Genetic Supermarket The law and ethics of selection the next generation Colin Gavagham The Harm Paradox Tort law and the unwanted child in an era of choice Nicolette Priaulx Assisted Dying Reflections on the Need for Law Reform Sheila McLean Medicine, Malpractice and Misapprehensions V. H. Harpwood Euthanasia, Ethics and the Law From the conflict to compromise Richard Huxtable The Best Interests of the Child in Healthcare Sarah Elliston Values in Medicine What are we really doing to patients? Donald Evans Autonomy, Consent and the Law Sheila A.M. McLean Healthcare Research Ethics and Law Regulation, review and responsibility Hazel Biggs The Body in Bioethics Alastair V. Campbell Genomic Negligence An interest in autonomy as the basis for novel negligence claims generated by genetic technology Victoria Chico Health Professionals and Trust The cure for healthcare law and policy Mark Henaghan Medical Ethics in China A transcultural interpretation Jing-Bao Nie Law, Ethics and Compromise at the Limits of Life To treat or not to treat? Richard Huxtable Regulating Pre-Implantation Genetic Diagnosis A comparative and theoretical analysis Sheila A.M. McLean & Sarah Elliston Bioethics Methods, theories, domains Marcus Düwell Human Population Genetic Research in Developing Countries The Issue of Group Protection Yue Wang Coercive Care Rights, law and policy Bernadette McSherry & Ian Freckelton Saviour Siblings A relational approach to the welfare of the child in selective reproduction Michelle Taylor-Sands Human Population Genetic Research in Developing Countries The issue of group protection Yue Wang Stem Cell Research and the Collaborative Regulation of Innovation Sarah Devaney The Voices and Rooms of European Bioethics Richard Huxtable and Ruud Ter Meulen The Legitimacy of Medical Treatment What role for the medical exception? Sara Fovargue and Alexandra Mullock Forthcoming titles include: Autonomy and Pregnancy A comparative analysis of compelled obstetric intervention Samantha Halliday The Jurisprudence of Pregnancy Concepts of conflict, persons and property Mary Neal Regulating Risk Values in health research governance Shawn Harmon The Umbilical Cord Blood Controversies in Medical Law Karen Devine Revisiting Landmark Cases in Medical Law Shaun D. Pattinson Revisiting the Regulation of Human Fertilisation and Embryology Kirsty Horsey The Ethical and Legal Consequences of Posthumous Reproduction Lewis Browne Pioneering Healthcare Law Essays in honour of Margaret Brazier Catherine Stanton, Sarah Devaney, Anne-Marree Farrell and Alexandra Mullock End of Life Decision Making for Critically Impaired Infants Resource allocation and difficult decisions Neera Bhatia Birth, Harm and the Role of Distributive Justice Burdens, blessings, need and desert Alasdair Maclean About the series editor Professor Sheila McLean is International Bar Association Professor of Law and Ethics in Medicine and Director of the Institute of Law and Ethics in Medicine at the University of Glasgow. This page intentionally left blank The Legitimacy of Medical Treatment What role for the medical exception? Edited by Sara Fovargue and Alexandra Mullock First published 2016 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN and by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2016 editorial matter and selection, Sara Forvargue and Alexandra Mullock; individual chapters, the contributors The right of the editors to be identified as the author of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice : Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data A catalog record for this book has been requested ISBN: 978-1-138-81963-4 (hbk) ISBN: 978-1-315-74430-8 (ebk) Typeset in Baskerville by Apex CoVantage, LLC For Mia, Amelia, and Mary
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