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Revisiting Landmark Cases in Medical Law / by Shaun D. Pattinson.

By: Pattinson, Shaun D [author.]Contributor(s): Taylor and FrancisMaterial type: Text

TextLanguage: English Series: Biomedical Law and Ethics Library: Publisher: Boca Raton, FL : Routledge, 2018Edition: First editionDescription: 1 online resource (200 pages)Content type: text Media type: computer Carrier type: online resourceISBN: 9781315750651Subject(s): LAW / Ethics & Professional Responsibility | PHILOSOPHY / Ethics & Moral Philosophy | Medical laws and legislation -- England -- Case studies | Medical ethics -- England -- Case studies | Medical ethics | Medical laws and legislationGenre/Form: Electronic books.Additional physical formats: Print version: : No titleLOC classification: K3601 | .P388 2018Online resources: Click here to view. Also available in print format.

Contents:

Chapter 1: The rationale and method of revisiting medical law cases -- Chapter 2: Adams: life-shortening pain relief -- Chapter 3: Gillick: consent from a child -- Chapter 4: Bland: patients in a vegetative state -- Chapter 5: Re MB: refusal of treatment in late pregnancy -- Chapter 6: Conclusion: revisiting five further cases.

Abstract: Is it lawful for a doctor to give a patient life-shortening pain relief? Can treatment be lawfully provided to a child under 16 on the basis of her consent alone? Is it lawful to remove food and water provided by tube to a patient in a vegetative state? Is a woman’s refusal of a caesarean section recommended for the benefit of the fetus legally decisive? These questions were central to the four focal cases revisited in this book. This book revisits nine landmark cases. For each, a new leading judgment is attributed to an imagined judge, Athena, who operates within the constraints of the legal system of England and Wales. Her judgments accord with an innovative legal theory, referred to as ‘modified law as integrity’, and are linked as a line of precedent. The result is a re-spinning of extant judicial threads into a web of legal principles with a greater claim to coherence and defensibility than those in the original cases.The book will be of great interest to scholars and students of medical law, criminal law, bioethics, legal theory and moral philosophy.

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Includes bibliographical references and index.

Is it lawful for a doctor to give a patient life-shortening pain relief? Can treatment be lawfully provided to a child under 16 on the basis of her consent alone? Is it lawful to remove food and water provided by tube to a patient in a vegetative state? Is a woman’s refusal of a caesarean section recommended for the benefit of the fetus legally decisive? These questions were central to the four focal cases revisited in this book. This book revisits nine landmark cases. For each, a new leading judgment is attributed to an imagined judge, Athena, who operates within the constraints of the legal system of England and Wales. Her judgments accord with an innovative legal theory, referred to as ‘modified law as integrity’, and are linked as a line of precedent. The result is a re-spinning of extant judicial threads into a web of legal principles with a greater claim to coherence and defensibility than those in the original cases.The book will be of great interest to scholars and students of medical law, criminal law, bioethics, legal theory and moral philosophy.

Also available in print format.