Medical law / created by Jonathan Herring.

Includes bibliographical references and index.

Cover; Contents; Table of cases; Table of statutes; Table of secondary legislation; Table of international instruments; 1 Key ethical and legal principles; Introduction; Grand theories; Consequentialism; Deontology; An ethic of care; Applying the theories; Key ethical principles; Autonomy; The principle of non-malfeasance; The principle of beneficence; Justice; Balancing the principles; Intersecting medical ethics and law; CONCLUSION; FURTHER READING; SELF-TEST QUESTIONS; 2 Rationing and delivery of health care; An introduction to rationing; Must we ration?; Who rations?; The law on rationing. European Union lawJudicial review; Analysis of the courts' approach; Ethical approaches to rationing; The NHS Constitution; The structure of the NHS; The Care Quality Commission; Strategic Health Authorities; Primary Care Trusts (PCTs); Special health authorities; Local authorities; NHS Trusts; General practitioners; The health/social care divide; The provider/purchaser distinction; Decentralization; Targets; Choice; CONCLUSION; FURTHER READING; SELF-TEST QUESTIONS; 3 Medical negligence; Introduction; Legal wrongs; Criminal law; The law of the tort of negligence; The duty of care. Breach of the dutyDebates over Bolam; Causation; The burden of proof; Loss of a chance; Debates over the loss of a chance cases; Damages; Reduction of award; The problems with the current system; No-fault schemes for medical negligence; Regulation by professional bodies and the NHS; CONCLUSION; FURTHER READING; SELF-TEST QUESTIONS; 4 Consent; Introduction: the requirement of consent; Is it ever permissible to treat a patient without consent?; The principle of autonomy; Who must consent?; What is consent?; Children; Where the court must determine disputes over treatment for children. The limits of consent?Failure to provide information; What must be disclosed?; The right not to know; The treatment of those lacking capacity; Advance decision; Lasting powers of attorney (LPAs); Deputies; Other carers; Limits on the power of decision-makers; Best interests; What is not to be considered when assessing best interests; Use of force; Ethical issues surrounding autonomy; CONCLUSION; FURTHER READING; SELF-TEST QUESTIONS; 5 Confidentiality; Introduction; Equity; Human rights; Contract law; Tort law; Property; Criminal law; Statutory obligation; Professional regulation. Denying breach of confidentiality Loss of confidentiality; Consent to disclosure; Anonymized information; Justification; Consent; Proper working of the hospital; A threat of serious harm to others; Assisting police investigations; Press freedom; Specific statutory provisions; Other public interests; Data protection; Keeping safe; Children and confidentiality; Dead patients; Access to records; Ethical arguments; CONCLUSION; FURTHER READING; SELF-TEST QUESTIONS; 6 Regulation of abortion and pregnancy; Introduction; Contraception; The distinction between contraception and abortion

The Core Text Series takes the reader straight to the heart of the subject, providing a reliable and invaluable guide for students of law at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. Lively and engaging, Medical Law: Core Text covers the core topics of the medical law syllabus, presenting an overview of the key principles. Written in a clear, readily understandable way, Jonathan Herring provides a perceptive analysis, and an original and thought-provoking commentary to give students