Law Legitimacy And The Rationing Of Health Care

Autor: Keith Syrett
Publisher: Cambridge University Press
ISBN: 1139467751
File Size: 17,46 MB
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Dr Keith Syrett argues for a reappraisal of the role of public law adjudication in questions of healthcare rationing. As governments worldwide turn to explicit rationing strategies to manage the mismatch between demand for and supply of health services and treatments, disappointed patients and the public have sought to contest the moral authority of bodies making rationing decisions. This has led to the growing involvement of law in this field of public policy. The author argues that, rather than bemoaning this development, those working within the health policy community should recognise the points of confluence between the principles and purposes of public law and the proposals which have been made to address rationing's 'legitimacy problem'. Drawing upon jurisprudence from England, Canada and South Africa, the book evaluates the capacity of courts to establish the conditions for a process of public deliberation from which legitimacy for healthcare rationing may be derived.

Health Care Ethics And The Law

Autor: Donna K Hammaker
Publisher: Jones & Bartlett Publishers
ISBN: 1284101606
File Size: 38,23 MB
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This text engages students with the ethical decisions faced by health care professionals every day. Based on principles and applications in health care ethics and the law, this text extends beyond areas that are often included in discussions of political philosophy and the principles of justice.

Fair Resource Allocation And Rationing At The Bedside

Autor: Marion Danis
Publisher: Oxford University Press
ISBN: 0190225475
File Size: 77,55 MB
Format: PDF, Mobi
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Health systems need to set priorities fairly. In one way or another, part of this important task will fall to physicians. How do they make judgments about resource stewardship, and how should they do so? How can they make such decisions in a manner that is compatible with their clinical duties to patients? In this book, philosophers, bioethicists, physicians, lawyers and health policy experts make the case that priority setting and rationing contribute significantly to the possibility of affordable and fair healthcare and that clinicians play an indispensable role in that process. The book depicts the results of a survey of European physicians about their experiences with rationing and other cost containment strategies, and their perception of scarcity and fairness in their health care systems. Responding to and complementing these findings, commentators discuss why resource allocation and bedside rationing is necessary and justifiable. The book explores how bedside rationing relates to clinical judgments about medical necessity and medical indications, marginal benefits, weak evidence based medicine, off-label use. The book highlights how comparative studies of health care systems can advance more effective and fair bedside rationing through learning from one another. From a practical standpoint, the book offers a number of strategies for health care systems and clinicians to work in tandem to allocate and ration resources as fairly as possible: how to foster more attention to fairness when rationing at the bedside, how to avoid exacerbating health disparities when allocating resources, how to teach about bedside rationing to students, how to discuss rationing more explicitly in the public arena and in the doctor's office.

The Foundations Of Public Law

Autor: Keith Syrett
Publisher: Macmillan International Higher Education
ISBN: 1137362693
File Size: 75,83 MB
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This thought-provoking and engaging book provides an insightful examination of public law, exploring the complex relationship between institutions, individual and state, and offering both explanation and critical analysis. Public law is viewed against a backdrop of differing types of governmental power and the problems to which this may give rise, with a particular focus being given to recent changes in the British constitution. By placing public law in a broader context, the book seeks to take a different approach from that of a general textbook, thereby offering a fresh view of the subject that is topical, relevant and interesting. Whether used as introductory reading or as an ongoing companion to a main course text, it will provide a valuable perspective that will be of great benefit to law students and politics students alike. This new second edition has been comprehensively revised and updated to reflect recent developments in the law. A companion website featuring updates can be found at: www.palgrave.com/law/syrett2e

Judicial Review Socio Economic Rights And The Human Rights Act

Autor: Ellie Palmer
Publisher: Bloomsbury Publishing
ISBN: 1847313760
File Size: 74,60 MB
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In the United Kingdom during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups. One of the primary purposes of this book is to demonstrate the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers in sections 3 and 6 of the Human Rights Act 1998, and through the development of a jurisprudence of positive obligations in the European Convention on Human Rights 1950. Thus, the substantive focus of the book is on developments in the constitutional law of the United Kingdom. However, the book also addresses key issues of theoretical human rights, international and comparative constitutional law. Issues of justiciability in English administrative law have therefore been explored against a background of two factors: a growing acceptance of the need for balance in the protection in modern constitutional arrangements afforded to civil and political rights on the one hand and socio-economic rights on the other hand; and controversy as to whether courts could make a more effective contribution to the protection of socio-economic rights with the assistance of appropriately tailored constitutional provisions.

Autonomy Informed Consent And Medical Law

Autor: Alasdair Maclean
Publisher: Cambridge University Press
ISBN: 9781139477130
File Size: 23,71 MB
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Alasdair Maclean analyses the ethical basis for consent to medical treatment, providing both an extensive reconsideration of the ethical issues and a detailed examination of English law. Importantly, the analysis is given a context by situating consent at the centre of the healthcare professional-patient relationship. This allows the development of a relational model that balances the agency of the two parties with their obligations that arise from that relationship. That relational model is then used to critique the current legal regulation of consent. To conclude, Alasdair Maclean considers the future development of the law and contrasts the model of relational consent with Neil Manson and Onora O'Neill's recent proposal for a model of genuine consent.

Public Health Ethics Cases Spanning The Globe

Autor: Drue H. Barrett
Publisher: Springer
ISBN: 3319238477
File Size: 80,48 MB
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This Open Access book highlights the ethical issues and dilemmas that arise in the practice of public health. It is also a tool to support instruction, debate, and dialogue regarding public health ethics. Although the practice of public health has always included consideration of ethical issues, the field of public health ethics as a discipline is a relatively new and emerging area. There are few practical training resources for public health practitioners, especially resources which include discussion of realistic cases which are likely to arise in the practice of public health. This work discusses these issues on a case to case basis and helps create awareness and understanding of the ethics of public health care. The main audience for the casebook is public health practitioners, including front-line workers, field epidemiology trainers and trainees, managers, planners, and decision makers who have an interest in learning about how to integrate ethical analysis into their day to day public health practice. The casebook is also useful to schools of public health and public health students as well as to academic ethicists who can use the book to teach public health ethics and distinguish it from clinical and research ethics.