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Tensions and Traumas in Health Law

Tensions and Traumas in Health Law

Author: Ian Freckelton; Kerry Petersen
Publisher: The Federation Press
ISBN: 9781760021498
Published In: November 2017
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,103.00

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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.

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

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