Medical and healthcare law Books

Book SynopsisThis book provides a clear introduction to the Mental Capacity Act (MCA, 2005), offering an easy reference guide to the complex issues enshrined within the Act to inform the everyday practice of those who need to perform within its parameters as part of their day-to-day work.Bringing together clinical neuropsychology expertise with legal commentary, the book introduces the main principles and presumptions of the MCA (2005) and describes the processes involved in the comprehensive assessment of what can, in practice, be complex issues. It provides learning summaries, flowcharts, checklists and web references for easy to access resources. The chapters also contain a broad range of illustrative case examples with considerable emphasis given to those areas of complexity that are not addressed in current guidance and which often prove contentious in everyday practice, such as how particular forms of brain injury can lead to hidden difficulties with decision-making which can be chaTrade ReviewUnderstanding how Acquired Brain Injury impacts upon decision making and, therefore, potentially upon Mental Capacity is essential for health and social care staff. This book provides straightforward and structured guidance to aid the process. The use of detailed and multi-layered case studies helps the reader remain grounded in the real world, with all of its complexities and nuances. – Dr Mark Holloway, Senior Brain Injury Case Manager & Expert WitnessThis book is an essential read for anybody working with people who lack mental capacity and for those professionals tasked with assessing mental capacity. Filled with excellent examples and references to relevant case law, Dr Ryan-Morgan's excellent book covers the basics of the Mental Capacity Act and capacity assessments through to the most complex of issues such as the frontal lobe paradox. – Dr Peter Marshall, Consultant Neuropsychiatrist"Understanding how Acquired Brain Injury impacts upon decision making and, therefore, potentially upon Mental Capacity is essential for health and social care staff. This book provides straightforward and structured guidance to aid the process. The use of detailed and multi-layered case studies helps the reader remain grounded in the real world, with all of its complexities and nuances." – Dr Mark Holloway, Senior Brain Injury Case Manager & Expert Witness"This book is an essential read for anybody working with people who lack mental capacity and for those professionals tasked with assessing mental capacity. Filled with excellent examples and references to relevant case law, Dr Ryan-Morgan's excellent book covers the basics of the Mental Capacity Act and capacity assessments through to the most complex of issues such as the frontal lobe paradox." – Dr Peter Marshall, Consultant NeuropsychiatristTable of ContentsChapter 1Introduction to the Mental Capacity Act (2005)Chapter 2How do we make decisions and how do we assess decision-making?Chapter 3What do I need to know about depriving someone of their liberty?(With assistance from Karen Jackson, Consultant Solicitor)Chapter 4What is the "General Defence"?Chapter 5 Complex and challenging issues in MCA from frontal lobe paradox, giving evidence in the Court of Protection to how to deal with an impasse in Best Interests Chapter 6Common Assessments of Mental Capacity – cases to consider

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Book SynopsisThe second edition of this well-received book, the first to provide detailed guidance on how to conduct incident investigations in primary care, has been thoroughly revised and updated throughout to reflect the current nomenclature for different aspects of the investigatory process in the UK and the latest format for incident reporting.Key features: Explains how to recognise a serious clinical incident, how to conduct a root cause analysis (RCA) investigation, and how and when duty of candour applies Covers the technical aspects of serious incident recognition and report writing Includes a wealth of practical advice and ''top tips'', including how to manage the common pitfalls in writing reports Offers practical advice as well as some new and innovative tools to help make the RCA process easier to follow Explores the all-important human factors in clinical incidents in detail, with muTable of ContentsAbout the Author. Introduction: Why do we still miss appendicitis? Clinical incident investigation: Background and context. How do we recognise patient safety incidents that need in-depth investigation? Recognising serious patient safety incidents using the SIRT: Case studies. A culture of complaint: Openness, candour and blame. RCA: Understanding what happened. RCA: Understanding how. RCA: Understanding why. Understanding why: System factors. Understanding why: Human error, Part 1. Understanding why: Human error, Part 2: Situational awareness and high-pressure environments. Root cause. Learning and recommendations. Solution design and changing cultures. Writing reports. Glossary. Index.

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Book SynopsisThis book provides detailed analysis of the applicability of the provisions of the European Convention on Human Rights to issues raised by the COVID-19 pandemic. It encompasses in-depth discussion of the emerging jurisprudence of the European Court of Human Rights relating to issues arising from the pandemic. To date, a substantial number of complaints concerning such issues have been made to the Court. Human rights claims in the context of the pandemic fall into two broad categories: those based on arguments that states did not put in place sufficient measures to protect individuals from the virus and those entailing arguments that the measures put in place themselves involved breaches of rights. The essential question with which the European Court of Human Rights must grapple is how to adjudicate on the correct balance which should have been struck. The book argues that the Court should be cautious of finding breaches of the European Convention on Human Rights in cases involving pTable of Contents1. Introduction; 2. The ECHR and Duties to Provide Protection from COVID-19; 3. The ECHR and Restrictions on Public Gatherings; 4. The ECHR and other COVID-19 Restrictions; 5. Conclusions

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Book SynopsisThis seminal book delivers an international examination of the duty of medical confidentiality and a patientâs right to privacy in the face of contemporary threats such as cyber-security, patient autonomy, and the greater reliance on telemedicine post Covid-19 pandemic.Trade Review‘In an era where our health data is increasingly collected, shared, and exploited by a variety of actors—including, at times, without our knowledge or consent—Vansweevelt and Glover-Thomas offer a timely international comparative overview of how privacy and medical confidentiality are protected and promoted in healthcare, and how to attain an effective balance of interests between patients and medical professionals, and wider public interests. This is a must-read for all health privacy law scholars.’ -- Edward S. Dove, University of Edinburgh, UKTable of ContentsContents: Foreword viii 1 Introduction: privacy and medical confidentiality in healthcare 1 Thierry Vansweevelt and Nicola Glover-Thomas 2 Privacy and health in Belgium 5 Thierry Vansweevelt, Nils Broeckx and Filip Dewallens 3 Privacy and health in Canada 24 Emily Baron and Trudo Lemmens 4 Privacy and health in Germany 55 Benedikt Buchner 5 Japanese law of privacy and health 72 Eiji Maruyama 6 Privacy and health in the Nordic countries 91 Mette Hartlev 7 Data protection, privacy, and confidentiality in Qatar’s health system 114 Barry Solaiman 8 Privacy, medical confidentiality, and health in Tanzania 140 Ferdinand Marcel Temba 9 Patient confidentiality rules in South Africa: a legal and ethical perspective 164 Sylvester C. Chima 10 Patient privacy and health information confidentiality in the United States of America 241 Stacey A. Tovino 11 The obligation of medical confidence in the UK 271 Nicola Glover-Thomas 12 Comparative conclusions: towards a global vision of privacy and medical confidentiality? 293 Thierry Vansweevelt and Nicola Glover-Thomas Index 304

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Book SynopsisIn this first textbook on international and European disability law and policy, Broderick and Ferri analyse the interaction between different legal systems and sources. Guided by the global legal standards of the CRPD, students are equipped with the necessary background on disability, and are given a comprehensive overview of the legal and policy frameworks on disability. The narrative maintains the balance between theory and practice, focusing on the legal framework and challenges in the realm of policy-making, and ensuring that students are aware of current legal debates and controversial issues in the field. Accommodating different learning styles, the book employs a range of accessible features which include learning outcomes for each chapter, problem questions, group activities, extracts from legal debates and more. Including case studies and examples from around the world, this book has a truly global perspective, suitable for introductory and advanced modules in law departments,Trade Review'A textbook to guide and excite students new to the subject, this book fills a large gap in the field of international and European Disability Law. It also provides an invaluable and thought-provoking resource for established scholars and others in the field.' Anna Lawson, University of Leeds'I whole-heartedly welcome this textbook on international and European Disability Law. The text, which is multidisciplinary and very accessible, provides a one-stop shop for students of Disability Law.' Aisling Parkes, University College CorkTable of ContentsPart I. The International Framework: 1. Building the foundations: disability theory and core themes; 2. The protection of the rights of persons with disabilities under international human rights law before the adoption of the United Nations Convention on the Rights of Persons with Disabilities; 3. The United Nations Convention on the Rights of Persons with Disabilities; 4. Equality and non-discrimination for persons with disabilities; 5. Accessibility for persons with disabilities; 6. Legal capacity and human dignity; 7. Persons with disabilities and the justice system; 8. The right to work of persons with disabilities; 9. Disability rights, social inclusion and core policy issues; Part II. The European Union Framework: 10. Disability law and policy in the European Union; 11. Disability discrimination in European Union law; 12. Accessibility in European Union law; Part III. The Regional Frameworks: 13. Disability law and policy in the Council of Europe; 14. Disability law and policy in the inter-American human rights system; 15. Disability law and policy in the African human rights system and in the Asian transnational regime.

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Book SynopsisA thoroughly researched explanation for the failures of end-of-life communication and decision-making in the United States. The book explores the reasons why physicians, patients, and families struggle to have the conversations necessary to provide seriously ill and dying patients with medical care consistent with patient preferences.

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Book SynopsisHelps you develop your skills and confidence in approaching everyday medical ethics and legal issues - from consent to capacity and confidentiality. This title provides a practical approach to common ethical and legal issues.Trade Review“Despite being written for doctors, this is a useful reference for all healthcare professionals and students on the everyday legal issues they may face in their work.” (Nursing Management, 21 August 2013)Table of ContentsMedical Ethics Committee xvii List of case examples xix Preface xxiii 1 A practical approach to ethics 1 Does medical ethics help and how? 2 Key terms and concepts 2 Professionalism 4 Duties and rights 5 The public interest 5 Medical law and healthcare law 6 Statute and common law 6 Human rights law 7 Quasi (or soft) law 8 Ethical decision making 9 Approaching an ethical problem 10 The BMA’s approach 11 Recognise that a dilemma exists 11 Dissect the problem 13 Do you need more information? 13 Identify and apply relevant legal or professional guidance 13 Analyse the facts 14 Can you justify the decision with sound arguments? 15 A final word on problem solving 15 References 16 2 The doctor–patient relationship 17 Setting the scene 17 Responsibilities for patients and the duty of care 18 The duty of care 19 Independent assessors 21 Professionals with dual obligations 22 Continuity of care and patients’ rights to change 22 Delegation of tasks and referral of patients 23 Patient autonomy and choice 24 Managing patients’ expectations 24 Do patients have choices about who provides care? 24 Rights of homeless people, detainees and asylum seekers 25 Can patients insist on having the drugs they prefer? 25 Do patients have the right to a second opinion? 26 Patients’ rights to combine NHS and private care 26 Patients’ rights to reject medical advice 27 What are the rights of patients who are violent or misuse services? 28 Patients’ rights to complain 28 Truth-telling and good communication 29 Giving bad news 29 Telling patients about unfunded treatments 31 Reporting mistakes and telling patients about them 32 Keeping patients’ trust 34 Managing confl icts of interest 34 Conflicts when commissioning services 35 Payment for referrals or recommendations 36 Accepting gifts and bequests 36 Covert medication 37 Recording consultations 38 Covert recording and surveillance 38 Chaperones and accompanying persons 39 Intimate examinations 40 Recognising boundaries 41 Managing personal relationships with patients 41 When a friendship becomes inappropriate 42 Intimate relationships 43 Use of social media 44 Health professionals acting as witnesses to legal documents 46 Advance decisions about medical treatment 46 Acting as a legal advocate for a patient 46 Firearms certifi cates 47 Health professionals’ personal beliefs 47 Conscientious objection 49 Breakdown of the doctor–patient relationship 50 Limits or boundaries on advertising services 51 Treating oneself, friends and family 52 Self-diagnosis and treatment 52 Treating family or close friends 53 Staff who are also patients 53 Providing a safe service 54 Whistle-blowing 54 Emergency situations 55 Ensuring competence in daily practice 56 Locums, out-of-hours services and arranging medical cover 57 Vetting and barring 57 Students, shadowing and work experience 59 Writing references for colleagues 59 A last word on the doctor–patient relationship 60 References 60 3 Consent, choice and refusal: adults with capacity 65 Setting the scene 65 The importance of information 67 Offering information for contemporaneous and advance decisions 67 Translation and signing services 69 What type of information? 70 Information to make an advance decision 71 Information about participating in a research project 72 How much information? 72 The duty to warn about risks 73 Can information be withheld? 76 Can patients refuse information? 77 Refusal of treatment 78 Seeking consent 80 Who should seek the patient’s consent? 80 What type of consent or refusal is valid? 81 Implied decisions and explicit or express decisions 81 Written and verbal decisions 82 Voluntary and pressured decisions: Do patients mean what they say? 82 Undue influence 82 Cultural influences 85 The influence of incentives 85 Documenting the decision 86 Documenting consent 86 Documenting refusal 86 Documenting views about future medical treatment 87 Advance requests 88 Advance decisions refusing treatment: The law in England and Wales 89 Advance refusals in Scotland 91 Advance refusals in Northern Ireland 91 Implementing the decision 91 Does having consent mean the procedure must proceed? 91 A last word about patient consent and refusal 92 References 92 4 Treating adults who lack capacity 96 Setting the scene 96 The law concerning treatment and non-treatment of adults lacking capacity to consent 98 General legal principles across the UK 98 England and Wales 99 Scotland 99 Certificate of incapacity and the general authority to treat 99 Common law in Northern Ireland 100 Assessing patients’ capacity 101 What is mental capacity? 101 How is it assessed? 102 What factors indicate capacity? 102 What factors indicate impaired capacity? 103 Fluctuating capacity 104 Who should assess capacity and when? 105 Providing care and treatment for adults lacking mental capacity 106 Best interests and benefit for patients 106 Exceptions to best interests 107 Involving people close to the patient 107 Best interests and covert medication 108 The role of proxy decision makers 108 Power of attorney in England and Wales 108 The power to make health and welfare decisions 109 Disputes arising in relation to LPAs 110 Court-appointed deputies (England and Wales) 110 Independent mental capacity advocates (IMCAs) (England and Wales) 110 The role of IMCAs in decisions to withhold or withdraw serious medical treatment 111 The role of IMCAs in decisions about where patients should live 111 Attorneys and guardians in Scotland 111 Resolving disputes (Scotland) 113 Decisions needing special safeguards 113 Giving treatment with serious implications 113 Withholding treatment with serious implications 115 Taking legal advice and involving the courts 116 The Official Solicitor (England and Wales) 116 Withholding or withdrawing life-sustaining treatment 117 Clinically assisted nutrition and hydration 118 Safeguards for participation in research 120 Dementia research 120 Emergency research 121 Control, restraint and deprivation of liberty 121 Deprivation of Liberty Safeguards 124 England and Wales 124 Scotland 124 Northern Ireland 125 The difference between protection, restraint and deprivation of liberty 125 A last word on caring for adults who lack capacity 126 References 127 5 Treating children and young people 131 Setting the scene 131 Consent to examination and treatment 132 Competence to consent to or refuse treatment or examination 133 Consent or refusal on behalf of babies and young children 133 Parental responsibility 134 Best interests 134 Disagreements between people with parental responsibility 137 Refusal by people with parental responsibility 137 Involving older children in decisions 138 Unaccompanied minors 139 Confi dentiality 139 Assessing competence in children and young people 140 Competence to consent 141 Competence to refuse 143 Consent and refusal by competent young people 143 Consent 143 Refusal 144 Research involving children and young people 147 Parental consent or refusal for children and babies 147 Assent from children who lack competence 148 Consent or refusal by competent children and young people 148 Emergency research involving children and babies 149 Availability of research and trial data 149 Consent and refusal in exceptional circumstances 149 Male infant circumcision 149 Serious difference of opinion between parents and health professionals 150 Paternity testing 151 Consent to testing 151 Refusal of testing 151 Testing and best interests 152 Advance decision making 152 Using restraint to provide treatment 152 Refusal of medical or psychiatric examination under the Children Act 1989 153 Child protection 153 Confidentiality and disclosure of information about abuse or neglect 157 Advisory services and involving the courts 159 A last word on treating children and young people 160 References 160 6 Patient confidentiality 165 Setting the scene 165 What is confidential? 167 Identifiable data 168 Anonymised data 168 Pseudonymised data 169 Keeping information secure 170 Informing patients about possible uses of their health information 171 The law on confidentiality and disclosure 172 The common law protecting confi dentiality 172 Data Protection Act 1998 172 Health and Social Care Act 2012 (England) 173 The NHS Future Forum and the review of information governance 174 Statutory disclosures 174 Statutory restrictions on disclosure 175 Human Rights Act 1998 (UK-wide) 176 NHS Act 2006 (England and Wales) 177 Comparable arrangements in Northern Ireland 178 Comparable arrangements in Scotland 178 Computer Misuse Act 1990 (UK-wide) 178 Use of patient information for purposes directly related to care 178 Consent by patients with capacity 178 Sharing information with other health professionals 180 Sharing information with relatives, parents and patients’ friends 181 Sharing information for social care 181 Leaving phone messages for patients and texting them 182 When adults lack capacity 182 Sharing information to invoke a Lasting Power of Attorney (LPA) 182 Sharing information with other proxy decision makers 183 Information sharing when children lack competence 183 Uses of patient information for purposes indirectly related to care 184 Secondary uses of data 184 Clinical audit 185 Financial audit and other healthcare management purposes 185 Commissioning agencies’ use of patient information 186 Teaching 187 Medical research 187 Public health 188 Disclosures unrelated to health care 189 Employment, insurance, immigration and social benefits 189 Reports to insurers and employers 189 Disclosure to government departments 190 Disclosure to the driver and vehicle licensing agency (DVLA) 190 Releasing health information to the media 190 Disclosures to identify and address poor health care 191 Patient complaints 191 Involving elected representatives 192 Whistle-blowing about substandard care 192 Disclosure to agencies monitoring standards 192 Disclosure requested by regulatory bodies 193 Disclosures related to crime prevention, detection or prosecution 193 Disclosure to the police and investigatory agencies 193 Gunshot and knife wounds 195 Domestic violence 195 Abuse of vulnerable adults and minors who lack capacity 196 Disclosure to courts and tribunals 196 Disclosure to solicitors 197 Disclosures in the public interest 198 The confidentiality owed to deceased patients 201 Factors to consider before disclosure 201 The needs of the bereaved 202 The interests of justice 202 Investigations by a coroner or procurator fiscal 203 Access to records in relation to claims 203 Freedom of Information Act 2000 203 A last word on confidentiality 204 References 204 7 Management of health records 211 Setting the scene 211 Defining medical records 212 Manual and electronic patient records 212 Images 213 Visual and sound recordings 213 Patients who lack capacity (including children) 214 Recording telephone calls 214 Making a health record 215 What to include in the record 215 Standardising hospital records 215 Recording discussion with patients and noting their wishes 216 Aggressive or threatening behaviour 216 What to exclude from the record 216 Records made and shared by several professionals 217 National summary records 218 Changing medical records or adding to them 218 Disputes about accuracy 218 Patient requests to omit or remove some information 218 Altering or tampering 219 Adding information later to the record 219 Adding or removing information when the record is shared 220 Transsexual patients 220 Adopted patients 220 Tagging records 221 Primary and secondary uses of records 221 Primary uses of records 221 Secondary uses of records 221 Secondary uses of children’s records 222 Using material in publications or other media 222 Giving access to patient records and reports 223 Ownership of records 223 NHS records 223 Private records 224 Access by patients 224 Information which should not be disclosed 225 Access by solicitors 226 Access by people other than the subject 226 Access to the records of children and young people 227 Access to the records of incapacitated adults 228 Access to the records of deceased persons 228 Access to reports for insurance or employment 228 Security of data 229 The obligation to protect identifi able data 229 Records management policies 230 Transmission of information 231 By fax 231 NHSmail 231 Transfer of information within the NHS 231 Transfer of GP records 232 Sending information abroad 232 Retention and destruction of records 233 Accessing records after the duty of care has ended 233 Recommended retention times 233 Disposal of manual records 235 Storing and disposing of recordings 235 A last word about records management 235 References 236 8 Prescribing and administering medication 241 Setting the scene 241 Talking to patients and obtaining consent 242 Giving information about a prescription 242 Concordance/medicines adherence 243 Taking account of patients’ values and religion 244 Prescribing placebos 244 Pressure from patients 245 Patients’ requests for complementary and alternative medicines (CAMs) 246 Requests for repeat prescriptions 247 ‘Lifestyle drugs’ 249 Choosing the right product for the patient 250 Responsibility for prescribing 250 Clinical freedom 250 Prescribing errors 251 Pressure from employers 252 Complying with official guidance 253 NICE (England and Wales) 253 Comparable arrangements for technology evaluation in Scotland 254 Arrangements for technology appraisals in Wales 254 Arrangements for technology appraisals in Northern Ireland 255 Prescribing and monitoring resources 255 ‘Topping up’ NHS treatment 256 Generic prescribing 256 Drug switching 257 Off-label prescribing and unlicensed drugs 257 Prescribing drugs off-label to save money 258 Reporting adverse drug reactions and adverse incidents 259 Shared prescribing and continuity of care 259 Prescribing shared between different doctors 260 Prescribing shared between primary and secondary care 260 Prescribing shared between the NHS and the private sector 261 Patient group directions (PGDs) 261 Prescribing shared between doctors and other health professionals 262 Supplementary prescribing and independent non-medical prescribers 262 Prescribing shared with practitioners of complementary therapies 263 Continuity of care 263 Exchange of information between doctors in referrals and discharge summaries 263 Prescribing for people at a distance – internet, email or telephone 264 Prescribing for patients abroad 266 Prescription-only medicines on the internet 266 Prescribing for different patient groups 267 Controlled drugs and prescribing for addicts 267 Prescribing strong opioids for pain in adult palliative care 269 Use of opioids and the principle of double effect 269 Prescribing for older people 270 Involving older people in concordance 270 Over-medication of older people 271 Prescribing for children 272 Prescribing for oneself, friends or family 272 Conflicts of interest 273 Financial interests in health-related products or services 273 Ownership of pharmacies 274 Dispensing doctors 274 Gifts and hospitality from pharmaceutical companies 274 Participation in market research 276 Administering medication 276 Following guidance and protocols 277 When medication needs special safeguards 277 Covert medication 278 Patients with capacity 278 Patients who lack mental capacity 279 A last word about prescribing and administering medicine 279 References 280 Index 287

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Book SynopsisThe International Handbook of Art Therapy in Palliative and Bereavement Care offers a multicultural and international perspective on how art therapy can be of help to individuals, groups, families, communities, and nations facing death and dying as well as grief and loss.Over 50 art therapists from around the world write about the transforming power of art therapy in the lives of those facing terminal illness, dementia, loss, and grief. They offer practical descriptions and techniques for working with adults and children to guide professionals, including those new to using art therapy and creative approaches in end-of-life care services. This international handbook is essential reading for arts therapists, social workers, medical personnel, faith leaders, and psychologists interested in a collaborative and accessible approach to working with patients and families affected by loss.Trade Review"Michèle Wood and colleagues present a rigorous and compelling argument for art therapy as a key tool in the palliative care arsenal. They offer an international, critical, and inclusive account of its value for patients, families, and staff in palliative care. This book presents a cross-cultural view of the discipline, approaching the field in a scholarly way. It will be of interest to all multidisciplinary members of the palliative care team, as well as patients."Faye Gishen, PhD, BSc, FRCP, SFHEA, FAcadMedEd"Why is art therapy so effective in alleviating distress and suffering? How do art therapists support the palliative and bereavement care communities? These questions and more are expertly addressed in this comprehensive collection of chapters, covering the range of issues and detailing the ways in which art therapists from diverse settings around the world are uniquely equipped to help."Donna Betts, PhD, ATR-BC, past president, the American Art Therapy Association; clinical research advisor, Creative Forces, National Endowment for the Arts Military Healing Arts Network; adjunct associate professor of art therapy, George Washington University"This book assembles a team of internationally-renowned art therapists who share a commitment to rigorous, analytically-derived but non-polarized expositions of their work. The contributors reflect on many aspects of art therapy, demonstrating how it can address spiritual needs in different groups of patients approaching the end of life. It is both illuminating, moving and intensely practical."Professor Sheila Payne, emeritus professor, International Observatory on End of Life Care, Lancaster University"This book is a valuable initiative, bringing together such a diverse range of voices and contexts. It will undoubtedly make a significant contribution to the field of art therapy in palliative and bereavement care."Jill Westwood, PhD, MA (RCA), PG Dip Art Therapy, BA (Hons), fine art HCPC registered art psychotherapist; programme convenor, Department of Social, Therapeutic & Community Studies, Goldsmiths, University of London"Art therapy in palliative and bereavement care is a rich and multifaceted practice. Art therapists who support patients and their families at the end of life must find courage in the face of suffering and hope in the healing power of creative engagement. Helping patients tell their stories while there is still time, express the truths of relationships, and leave behind an intentional legacy are among the gifts of this work. This handbook offers principles, research and case examples from art therapists in a dozen countries, including work with children, adults, hospice, community, and prison populations, and bereavement support for families. The topics included reflect the nuances of adapting art therapy practice to different cultures and belief systems. The handbook is an inspiring resource for any art therapist working in palliative care."Tracy Councill, art therapy program director, Pediatric Hematology-Oncology, Georgetown/Lombardi at Tracy's Kids"Michèle Wood and colleagues present a rigorous and compelling argument for art therapy as a key tool in the palliative care arsenal. They offer an international, critical, and inclusive account of its value for patients, families, and staff in palliative care. This book presents a cross-cultural view of the discipline, approaching the field in a scholarly way. It will be of interest to all multidisciplinary members of the palliative care team, as well as patients."Faye Gishen, PhD, BSc, FRCP, SFHEA, FAcadMedEd"Why is art therapy so effective in alleviating distress and suffering? How do art therapists support the palliative and bereavement care communities? These questions and more are expertly addressed in this comprehensive collection of chapters, covering the range of issues and detailing the ways in which art therapists from diverse settings around the world are uniquely equipped to help."Donna Betts, PhD, ATR-BC, past president, the American Art Therapy Association; clinical research advisor, Creative Forces, National Endowment for the Arts Military Healing Arts Network; adjunct associate professor of art therapy, George Washington University"This book assembles a team of internationally-renowned art therapists who share a commitment to rigorous, analytically-derived but non-polarized expositions of their work. The contributors reflect on many aspects of art therapy, demonstrating how it can address spiritual needs in different groups of patients approaching the end of life. It is both illuminating, moving and intensely practical."Professor Sheila Payne, emeritus professor, International Observatory on End of Life Care, Lancaster University"This book is a valuable initiative, bringing together such a diverse range of voices and contexts. It will undoubtedly make a significant contribution to the field of art therapy in palliative and bereavement care."Jill Westwood, PhD, MA (RCA), PG Dip Art Therapy, BA (Hons), fine art HCPC registered art psychotherapist; programme convenor, Department of Social, Therapeutic & Community Studies, Goldsmiths, University of London"Art therapy in palliative and bereavement care is a rich and multifaceted practice. Art therapists who support patients and their families at the end of life must find courage in the face of suffering and hope in the healing power of creative engagement. Helping patients tell their stories while there is still time, express the truths of relationships, and leave behind an intentional legacy are among the gifts of this work. This handbook offers principles, research and case examples from art therapists in a dozen countries, including work with children, adults, hospice, community, and prison populations, and bereavement support for families. The topics included reflect the nuances of adapting art therapy practice to different cultures and belief systems. The handbook is an inspiring resource for any art therapist working in palliative care."Tracy Councill, art therapy program director, Pediatric Hematology-Oncology, Georgetown/Lombardi at Tracy's KidsTable of ContentsList of Figures List of Tables Preface Foreword SECTION ONE: ART THERAPY WITH INDIVIDUALS Chapter 1 Deepening the Inner World: When Art Therapy Meets Spiritual Needs Chapter 2 The Spiritual in Art Therapy at the End Of Life Chapter 3 Snapshot of Practice: Art Therapy and Acquired Visual Loss Chapter 4 Art Therapy and Juvenile NCL Chapter 5 Blurry Vision: Introducing Art Therapy to Palliative Care Patients Chapter 6 Snapshot of Practice: A Case of Individual Art Therapy Chapter 7a Religious Practice in Russia, Medical Settings, And End of Life Rituals Chapter 7b Addressing End of Life Care, Loss, And Bereavement in The Russian Federation Chapter 8 Stillbirth: Mourning Unspeakable Loss with Art Therapy And EMDR Chapter 9 The Empathic Mirror: Healing Grief and Loss Through Portrait Therapy at End of Life Chapter 10 Utilizing Tablet Computers in Art Therapy for Young People with Chronic and Life-Limiting Illnesses Chapter 11 Connecting and Belonging: Using Technology for Art Therapy in Palliative Care Chapter 12 Snapshot of Practice: Art Therapy in Hospice: The Florence Experience in Italy SECTION TWO: ART THERAPY FOR GROUPS, FAMILIES AND COMMUNITIES Chapter 13 Snapshot of Practice: Art Therapy in Paediatric Oncology Chapter 14 Art Therapy, Community Engagement, & Living and Dying Chapter 15 A Chorus of Angels, the Ripple of Water, and the Weight of Stone: Art Therapy and Artwork which Cradle both Family Carers and their Relative with Dementia Chapter 16 Snapshot of Practice: Researching the Outcomes of Art Therapy For Caregivers Of Patients At End-Of-Life Chapter 17 Wading in Knee Deep – The Art Therapist in Different End-Of-Life Settings Chapter 18 Coming Up for Air: Art Therapy with Children Affected by Childhood Cancer Chapter 19 An Art Therapist’s Approach to Total Pain Chapter 20 The Power of Creative Expression and Ritual: Integrating Art Therapy into A Bereavement Camp Chapter 21 Saying Goodbye: Grieving Families Chapter 22 ‘Time to Unwind’: Meitheal at the Crossroads - An Open Art Therapy and Music Therapy Group on the Specialist Palliative Care Inpatient Unit Chapter 23 Group Art Therapy using Telemedicine Technology for Patients Undergoing Chemotherapy Chapter 24 Snapshot of Practice: Mind-Body Art Grief Group Chapter 25 Beginning at The End SECTION THREE: ART THERAPY FOR CROSS-CULTURAL ENCOUNTERS, NATIONAL TRAGEDIES, AND DISENFRANCHISED GRIEF Chapter 26 Snapshot of Practice: Private Practice Art Therapy in Dubai Chapter 27 Art Therapy in Prison Hospice: A Compassionate Bridge Chapter 28 Killing Time: The Dying Art Therapy Group in A High Secure Hospital Chapter 29 Disenfranchised Grief: The Impact of Grief In The Military Chapter 30 Feeling the Pulse: An Art Therapist’s Response To Tragedy Chapter 31 Communitas & Soul-Healing: Arts Therapy Within the Loss-Upon-Loss of Natural Disaster Chapter 32 Snapshot of Practice: Notes on Palliative Care Art Therapy in Singapore Chapter 33 Healing Wounds - Meeting Māori At End of Life Chapter 34 Art Therapy’s Contribution to Alleviating the HIV Burden in South Africa Chapter 35 Narratives East West – Art Therapy in A Hospice in Northern India: A Patchwork of Cross-Cultural Encounters GLOSSARY Appendix ART THERAPY ASSOCIATIONS WORLDWIDE LIST OF CONTRIBUTORS Index

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Book SynopsisThis book provides a comprehensive resource for medical professionals on the various legal aspects involved in conducting clinical research.Trade Review “Clinical Research and the Law” provides thoughtful and practical information on a broad range of legal topics related to clinical research, with an emphasis on subject injury liability. The book is useful for anyone who is not an expert in a particular area of law, with numerous citations for further investigation.” (Journal of Clinical Research Best Practices, 1 October 2012) Table of ContentsPreface, ix Chapter 1: Research malpractice and negligence, 1 1.1 Background, 1 1.2 Drugs: brief description of definitions, 4 1.3 Brief overview: conduct of clinical trials, 5 1.4 Medical devices, 6 1.5 Research malpractice: the basics, 7 1.6 Negligence actions and research: interesting aspects of medical research negligence cases, 8 Chapter 2: Duty of care: understanding the legal differences between medical treatment and medical research, 23 2.1 Establishing duty of care, 23 2.2 Do sponsors have a legal duty?, 27 Chapter 3: Establishing standard of care and violation of standard of care, 33 3.1 Research malpractice and using expert testimony to establish the standard of care, 34 3.2 Lessons learned from surgical innovation cases, 35 3.3 Standard of care and informed consent cases, 36 Chapter 4: Informed consent in clinical research, 37 4.1 Basics on informed consent in the clinical treatment setting: background, 37 4.2 Informed consent as applied to the research setting, 40 4.3 Informed consent and federal regulations, 42 4.4 Case law and federal regulations, 43 4.5 Clinical trials and pediatric patients, 46 Chapter 5: Liability issues for institutional review boards (IRBs) and data safety monitoring boards (DSMBs), 55 5.1 Liability for negligence, 56 5.2 Standard of care, 57 5.3 Proximate cause and damages, 59 5.4 Defense, 60 5.5 Practical considerations: the need for indemnification, 62 5.6 Special considerations for DSMBs, 62 Chapter 6: Legal aspects of financial conflicts of interest in clinical trials, 65 6.1 Overview, 66 6.2 Legislative background: road to creating financial conflicts of interest, 68 6.3 Financial conflicts of interest: evidence that financial conflicts of interest are problematic, 69 6.4 Regulations/legislation, 70 6.5 Litigation involving financial conflicts of interest in clinical trials, 74 6.6 Applying novel legal theories to financial conflicts of interest cases, 79 6.7 Other clinical trial cases involving financial conflicts of interest claiming constitutional violations, 81 Chapter 7: Disclosure of clinical trial information: legal ramifications of withholding study results, 87 7.1 GlaxoSmithKline, 89 7.2 Vioxx and Merck, 91 7.3 Government and other clinical trial disclosure requirements, 97 7.4 Medical journal editors and disclosure of clinical trial information, 98 Chapter 8: Clinical trials and insider trading, 105 8.1 Purpose of insider trading laws, 105 8.2 Proving insider trading, 106 8.3 Penalties, 108 8.4 Insider trading cases and clinical trials, 108 8.5 Beware: investigators and relationships with the investment industry—a risk of recent vintage, 111 8.6 Setting the stage, 113 Chapter 9: Clinical trials and criminal law, 117 9.1 How clinical trial investigators have been implicated in criminal acts, 119 9.2 False Claims Act cases and health-care fraud, 120 9.3 Clinical trial False Claims Act cases, 122 9.4 Enforcement of the False Claims Act against institutions, 130 9.5 Anti-kickback law, 132 9.6 Health-care fraud, 138 9.7 Mail and wire fraud/making false statements to government officials, 141 9.8 Proposed new FDA rule, 143 Chapter 10: Clinical trial contracts, 145 10.1 Key terms/scope of study, 146 10.2 Costs/payments, 147 10.3 Data, 147 10.4 Intellectual property, 148 10.5 Indemnification/injuries, 148 10.6 Publications, 149 10.7 Various sundry provisions, 149 Appendix A: Glossary of common terms used in connection with clinical trials, 151 Appendix B: Research involving human subjects, 163 Appendix C: Best pharmaceuticals for Children Act, 173 Appendix D: Pediatric research Equity Act of 2003, 193 Appendix E: Title 21–food and drugs: additional safeguards for children in clinical investigations, 203 Appendix F: Proposed standardized/harmonized clauses for clinical trial agreements, 209 Appendix G: Responsibility of applicants for promoting objectivity in research for which public health service funding is sought and responsible prospective contractors, 225 Index, 257

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Book SynopsisThe right to bodily integrity has become a notable controversial issue within moral, political and legal discourse and this right is regarded as one of the most precious rights that persons have, alongside the right to life. Recent scholarly debate has focused attention on the content, scope and force of this right and has lead to the recognition that a better understanding of the nature of this right will contribute to determining whether and why a multitude of clinical and research activities in medical practice should be seen as permissible or impermissible. The essays selected for this volume examine topics such as pregnancy and reproduction, altering children's bodies, transplantation, controversial modifications and surgeries, and experimentation and dead bodies. This is the first collection of scholarly research articles to provide a comprehensive overview of the ethical and legal aspects of the right to bodily integrity and its implications in theory and practice.Table of ContentsContents: Introduction. Part I Bodies, Rights and Integrity: Bodily and moral integrity rights, Jill Marshall; My body, your body, our bodies, Jonathan Herring and P.L. Chau; Against the right to bodily integrity: of cyborgs and human rights, Gowri Ramachandran. Part II Pregnancy and Reproduction: A defense of abortion, Judith Jarvis Thomson; A feminist, Kantian conception of the right to bodily integrity: the cases of abortion and homosexuality, Helga Varden; Sex and the sacred: sterilization and bodily integrity in English and Canadian law, Kristin Savell. Part III Altering Children’s Bodies: The child’s right to bodily integrity, Robert Ludbrook; Between prophylaxis and child abuse: the ethics of neonatal male circumcision, Michael Benatar and David Benatar; Routine (non-religious) neonatal circumcision and bodily integrity: a transatlantic dialogue, Wim Dekkers; Medicine’s challenge to relativism: the case of female genital mutilation, Loretta M. Kopelman; Bodily integrity and the surgical management of intersex, Emily Grabham; Forever small: the strange case of Ashley X, Eva Feder Kittay. Part IV Transplantation: Transplantation and rights over our bodies, T.M. Wilkinson; Confiscating live body parts, Cécile Fabre; Hand transplants and bodily integrity, Jenny Slatman and Guy Widdershoven. Part V Controversial Modifications and Surgeries: Should we prevent non-therapeutic mutilation and extreme body modification?, Thomas Schramme; Body dysmorphic disorder, radical surgery and the limits of consent, Tracey Elliott; Amputees by choice: body integrity identity disorder and the ethics of amputation, Tim Bayne and Neil Levy; Transsexualism and gender reassignment surgery, Heather Draper and Neil Evans; Female genital mutilation and cosmetic surgery: regulating non-therapeutic body modification, Sally Sheldon and Stephen Wilkinson. Part VI Experimentation and Dead Bodies: Proxy research consent and the decisionally impaired: science, the common good, and bodily integrity, Karen J. Maschke; Last rights: the ethics of research on the dead, T.M. Wilkinson; Consent and the use of the bodies of the dead, T.M. Wilkinson. Index.

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Book SynopsisAfter nearly a year of debate, in March 2010, Congress passed and the president signed the Patient Protection and Affordable Care Act to reform the U.S. health care system. The most significant social legislation since the civil rights legislation and the creation of Medicare and Medicaid, the bill's passage has been met with great controversy. Political pundits, politicians, health care economists, and policy analysts have filled the airwaves and the lay press with their opinions, but little has been heard from those who have the most invested in health care delivery reformpatients and their doctors.Understanding Health Care Reform: Bridging the Gap Between Myth and Reality provides readers with the information to make informed decisions and to help counter the bias of political pundits and the influence of the for-profit health care industry. The author introduces readers to a group of dedicated doctors, administrators, and patients whose experiences illusTable of ContentsIntroduction. Reforming the Private Insurance Industry. How Will Health Care Reform Affect the Medicare and Medicaid Populations? Can We Lower Health Care Costs by Eliminating Waste? The Role of Disease Prevention in Health Care Reform. How Will Health Care Reform Affect the Medically Underserved and the Safety Net Hospitals That Care for Them? How Can We Improve the Quality of Care in the United States? Will There Be Enough Doctors to Care for 35 Million New Patients? Can Research Guide Us to Improved Care at Lower Costs? How Will Health Care Reform Change the Way We Practice Medicine? Will We Ever See Tort Reform in the United States? Conclusion. Index.

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Book SynopsisTable of ContentsPreface 1. A Brief History of Occupational and Environmental Medicine in the United States, Tee L. Guidotti, Manijeh Berenji, and Judith Green McKenzie 2. Schools of Thought in Occupational and Environmental Medicine, Tee L. Guidotti 3. Theory and Practice of Occupational and Environmental Medicine, Tee L. Guidotti 4. Relationships: Interactions with Other Fields and Specialties, Ifeoma Margaret Ama 5. Profiles: Practitioners in Action Paula A. Lantsberger Chang Rim Na Tanisha Taylor Ernest C. Levister Jr. Philip Harber Zeke J. McKinney Raúl Alexander Mirza Clarion E. Johnson J. Brent Pawlecki Pouné Saberi Wayne N. Burton 6. Corporate Sector and Private Practice, J. Brent Pawlecki and Paula A. Lantsberger 7. Practice Settings, Tee L. Guidotti and Raúl Alexander Mirza 8. Academic Occupational and Environmental Medicine, Judith Green McKenzie 9. Case Studies, Manijeh Berenji, Natalie P. Hartenbaum, Chang Rim Na, and Tee L. Guidotti 10. Core Controversies, Tee L. Guidotti 11. Classic Research in Occupational and Environmental Medicine, Tee L. Guidotti 12. Contemporary Research and Looking Ahead, How-Ran Guo 13. The Future of Occupational and Environmental Medicine, Tee L. Guidotti, William G. Buchta, Tanisha Taylor, Denece Kesler, Robert K. McLellan, Robert Bourgeois, and Bill Bruce Bibliography About the Editor and Contributors Index

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Book SynopsisThe ability to read a paper, judge its quality, the importance of its results, and make a decision about whether to change practice based on the information given, is a core skill for all doctors. To be able to do this quickly and efficiently is, without a doubt, a skill needed by all time-pressured emergency doctors and one which is tested in the Fellowship of the College of Emergency Medicine (FCEM) examination. Critical Appraisal for FCEM is the essential revision source for all those who want to pass the critical appraisal section of this exam. It is also required reading for those who want to incorporate evidence-based medicine into their everyday clinical practice. Features: Helps you become truly competent in critical appraisal Provides information in Spodâs Corner, which helps you reach the next level and excel Prepares you for the Critical Topic Review Contains two fictional practice papers to test and practise Table of ContentsFundamental Knowledge Needed for Critical Appraisal. Critically Appraising Papers. Passing FCEM. Appendix A: Checklists. Appendix B: Glossary. Appendix C: Practice Papers.

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Book SynopsisHealth and legal experts from England and Canada consider the influence of medical doctors on reforms in this comparative study. With reflections on participation since the inception of publicly-funded healthcare systems, they show how the status of doctors affects change.Table of ContentsIntroduction: Medical doctors and healthcare reforms 1. Theoretical framework 2. Research methodology: tracking the role of doctors in healthcare reforms 3. The role of doctors in healthcare reforms in two Canadian provinces 4. The role of medical doctors in health reforms in the NHS in England 5. Comparative analysis 6. Discussion and conclusion Epilogue

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Book SynopsisThe Universal Declaration on Bioethics and Human Rights, 2005, marked a significant step towards the recognition of universal standards in the field of science and medicine. This book provides an overview of the ethical and legal developments which have occurred in the field of bioethics and human rights since then. The work critically analyzes the Declaration from an ethical and legal perspective, commenting on its implementation, and discussing the role of non-binding norms in international bioethics. The authors examine whether the Declaration has contributed to the understanding of universal or global bioethics, and to what degree states have implemented the principles in their domestic legislation. The volume explores the currency of the Declaration vis-à-vis the more recent developments in technology and medicine and looks ahead to envisage the major bioethical challenges of the next twenty years. In this context, the book offers a comprehensive ethical and legal study of the Trade ReviewIs it possible to find common criteria on the ethical assessment and legal regulation of the very divisive area of biomedicine and life sciences? Looking at the intersection between human rights and global bioethics, the book successfully answers the question. A compass in the very rough fields of bioethics and biolaw. Carlo Casonato, Professor of Law at the University of Trento; chief editor of the BioLaw Journal; member of the Italian Committee for BioethicsThe book edited by Caporale and Pavone is an excellent study on the origins, contents and meanings of the Universal Declaration on Bioethics and Human Rights, and is essential reading to understand its strength and limitations in relation to new challenges of biomedical research as well as of global bioethics.Gilberto Corbellini, Professor of History of Medicine and Bioethics at the University of Rome - La Sapienza.Table of ContentsPart I UNESCO and Global BioethicsChapter 1: The role of UNESCO in promoting universal human rights: from 1948 to 2005 Author: Roberto AndornoChapter 2: The elaboration and adoption process of the Universal Declaration on Bioethics and Human Rights as a ‘best practice’ in the construction of a shared bioethicsAuthor: Cinzia CaporaleChapter 3: The Universal Declaration on Bioethics and Human Rights as a landmark in the development of global bioethics.Author: Tenk ten HaavePart II The Declaration and its Principles: a philosophical and bioethical perspectiveChapter 4: Charters of Rights and Bioethical Principles: a Multicultural Challenge.Author: Francesco D’Agostino, Fabio MacioceChapter 5: Value issues and historical significance. Philosophical directions in the Universal Declaration on Bioethics and Human RightsAuthors: Emilia D’Antuono, Emilia TaglialatelaChapter 6: Universal Declaration of Bioethics and Human Rights: art. 21, Transnational practices. International clinical trials: ethical aspectsAuthor: Laura PalazzaniPart III The Universal Declaration on Bioethics and Human Rights and the lawChapter 7: The Legal Perspective of the Universal Declaration on Bioethics and Human RightsAuthors: Carmela Decaro Bonella and Francesco Alicino Chapter 8: The Role of Soft Law in BioethicsAuthor: Ilja Richard PavoneChapter 9: The UNESCO Universal Declaration on Bioethics and Human Rights and the Normative Transition from Corporatocene to Sustainocene Author: Thomas Alured Faunce Chapter 10: The Report of the International Bioethics Committee on Vulnerability: A Review Author: Adèle Langlois

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Book SynopsisThis book examines the rise of the direct-to-consumer genetic testing industry (DTC) and its use of 'wrap' contracts. It uses the example of DTC to show the challenges that disruptive technologies pose for societies and for regulation. It also uses the wrap contracts of DTC companies to explore broader issues with online contracting.

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Book SynopsisOffers an innovative plan to eliminate inequalities in American health care and save the lives they endanger Over 84,000 black and brown lives are needlessly lost each year due to health disparities: the unfair, unjust, and avoidable differences between the quality and quantity of health care provided to Americans who are members of racial and ethnic minorities and care provided to whites. Health disparities have remained stubbornly entrenched in the American health care systemand in Just Medicine Dayna Bowen Matthew finds that they principally arise from unconscious racial and ethnic biases held by physicians, institutional providers, and their patients. Implicit bias is the single most important determinant of health and health care disparities. Because we have missed this fact, the money we spend on training providers to become culturally competent, expanding wellness education programs and community health centers, and even expanding access to health insurance will have only a moTrade Review"Just Medicine is a must-read for everyone! Weaving together from insights from research in history, sociology, psychology, law, and more, Matthew crushes the argument that racial disparities in health and health care are due to factors like biology and bad behavior. Time and time again, Matthew exposes the role of racial bias and discrimination in disparate outcomes. More so, she offers meaningful and achievable suggestions for resolving these problems. Lets hope those with the most power to create these changes are paying attention to this important scholarly contribution!" -- Angela Onwuachi-Willig,Charles M. and Marion J. Kierscht Professor of Law, University of Iowa College of Law"A powerful socio-legal reflection on the history of health disparities and how that terrible legacy now further impedes racial equality and results in death. . . . Masterfully written. The author provides a captivating narrative that is at once stark and grizzly (how many ways can people of color suffer at the hands of medicine) and yet so provocatively and artfully written that one cannot stop reading. Not since Harriet Washington's page-turning (and award-winning) book, Medical Apartheid, has there been another that makes medical discourse so captivating." -- Michele Goodwin,Chancellor’s Professor of Law, University of California, Irvine"A remarkably ambitious and provocative book on the ways that implicit bias exacerbates racial disparities in health. Matthew provides a critical analysis and call to action that should be taken seriously by all health care professionals, policymakers, and anyone interested in health equality." -- Osagie K. Obasogie,UC Hastings"The book is highly engaging and worthwhile reading for health care providers, hospital administrators, insurers, medical students and educators, and those involved in civil rights law." * Health Affairs *"Having presented a thorough picture of the problems facing minorities in the health care system, Matthew proposes a solution: reform of specific sections of the Civil Rights Act of 1964, which she claims would provide a legal and moral basis to hold liable those who unconsciously discriminate and would help to establish a new standard of care in medicine....[F]ood for thought here." * Kirkus Reviews *"Her ambitious book lays out a case for a legal remedy for racial health inequality." * Los Angeles Review of Books *"Just Medicine is necessary reading for all who envision a society in which health equity is a moral imperative. I would place Matthew's contributions on the scale of Michelle Alexander's transformational book, The New Jim Crow. Matthew not only documents the problem of color-blind racism but also provides solution-oriented road maps for a way forward." * Political Science Quarterly *"This book will spark much debate." * Choice Connect *

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Book SynopsisOffers an innovative plan to eliminate inequalities in American health care and save the lives they endanger Over 84,000 black and brown lives are needlessly lost each year due to health disparities: the unfair, unjust, and avoidable differences between the quality and quantity of health care provided to Americans who are members of racial and ethnic minorities and care provided to whites. Health disparities have remained stubbornly entrenched in the American health care systemand in Just Medicine Dayna Bowen Matthew finds that they principally arise from unconscious racial and ethnic biases held by physicians, institutional providers, and their patients. Implicit bias is the single most important determinant of health and health care disparities. Because we have missed this fact, the money we spend on training providers to become culturally competent, expanding wellness education programs and community health centers, and even expanding access to health insurance will have only a moTrade Review"Just Medicine is a must-read for everyone! Weaving together from insights from research in history, sociology, psychology, law, and more, Matthew crushes the argument that racial disparities in health and health care are due to factors like biology and bad behavior. Time and time again, Matthew exposes the role of racial bias and discrimination in disparate outcomes. More so, she offers meaningful and achievable suggestions for resolving these problems. Lets hope those with the most power to create these changes are paying attention to this important scholarly contribution!" -- Angela Onwuachi-Willig,Charles M. and Marion J. Kierscht Professor of Law, University of Iowa College of Law"A powerful socio-legal reflection on the history of health disparities and how that terrible legacy now further impedes racial equality and results in death. . . . Masterfully written. The author provides a captivating narrative that is at once stark and grizzly (how many ways can people of color suffer at the hands of medicine) and yet so provocatively and artfully written that one cannot stop reading. Not since Harriet Washington's page-turning (and award-winning) book, Medical Apartheid, has there been another that makes medical discourse so captivating." -- Michele Goodwin,Chancellor’s Professor of Law, University of California, Irvine"A remarkably ambitious and provocative book on the ways that implicit bias exacerbates racial disparities in health. Matthew provides a critical analysis and call to action that should be taken seriously by all health care professionals, policymakers, and anyone interested in health equality." -- Osagie K. Obasogie,UC Hastings"The book is highly engaging and worthwhile reading for health care providers, hospital administrators, insurers, medical students and educators, and those involved in civil rights law." * Health Affairs *"Having presented a thorough picture of the problems facing minorities in the health care system, Matthew proposes a solution: reform of specific sections of the Civil Rights Act of 1964, which she claims would provide a legal and moral basis to hold liable those who unconsciously discriminate and would help to establish a new standard of care in medicine....[F]ood for thought here." * Kirkus Reviews *"Her ambitious book lays out a case for a legal remedy for racial health inequality." * Los Angeles Review of Books *"Just Medicine is necessary reading for all who envision a society in which health equity is a moral imperative. I would place Matthew's contributions on the scale of Michelle Alexander's transformational book, The New Jim Crow. Matthew not only documents the problem of color-blind racism but also provides solution-oriented road maps for a way forward." * Political Science Quarterly *"This book will spark much debate." * Choice Connect *Table of ContentsAcknowledgments xi Introduction: The New Normal 1 1. Bad Law Makes Bad Health 9 2. Implicit Bias and Health Disparities 33 3. Physicians' Unconscious Racism 55 4. From Impressions to Inequity: Connecting the Empirical Dots 75 5. Implicit Bias during the Clinical Encounter 106 6. Implicit Bias beyond the Clinical Encounter 128 7. From Inequity to Intervention: What Can Be Done about Implicit Bias 154 8. A Structural Solution 173 9. A New Normal: The Restoration of Title VI 195 Conclusion: Beyond Title VI 225 Notes 233 Index 265 About the Author 271

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Book SynopsisPathology of Sharp Force Trauma illustrates and details sharp force trauma as seen in forensic pathology case work as well as in the clinical setting, outlining how one informs the other in interpreting such trauma for medico-legal purposes. For the purposes of discussion, the author defines sharp force trauma as: The application of force to produce an injury which results in a clear division or separation of the skin and underlying tissues. Sharp force trauma may be caused by all manner of implements with a sharp edge and/or pointed end, whether or not they have been produced for use as a weapon, and includes knives, broken glass, scissors and many others, to name but a few. Certain tools, such as axes or machetes, combine a sharp edge with heavy weight and produce injuries with both sharp and blunt impact elements. In many countries, with the exception of those where firearms are readily available, sharp force traumaparticularly the use of knivesis theTable of Contents1 Introduction, Scope and Historical Perspectives 2 Knife Crime ・ Epidemiology, Impact on the Community and Legislation 3 Types of Knives and the Dynamics of Sharp Force Trauma 4 Scene Examination in Cases of Sharp Force Trauma 5 The Post-Mortem Examination in Sharp Force Trauma Deaths 6 Patterns of Wounding and Demographic Factors in Homicidal and Other Sharp Force Assaults 7 Morphology of Sharp Force Injuries and Type of Implements Responsible for Causing Them 8 Sharp Force Trauma ・ Regional Location and Consequences of Injury 9 Defence Injuries 10 Intentional Self-inflicted Injuries 11 Accidental Injuries Including Injuries from Animals 12 Post-Mortem Injuries, the Effects of Putrefaction and Artefacts 13 Iatrogenic, Needlestick and Other Related Sharp Force Trauma 14 Presentation of Evidence and Issues Arising in Court in Sharp Force Trauma Cases

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Book SynopsisThis book delves into medico-legal history, travelling back in time to explore English law’s fascinating and often acrimonious relationship with healing and healers.Challenging assumptions that medical law is a recent development, Law and healing traces the regulation of healers from the Church's dominance to legal battles fought among medical practitioners. As well as considering the history of the regulation of healers, this book addresses moral issues such as abortion, bodily sovereignty, and the use of cadavers in research. It highlights how fundamental legal and ethical questions continue to resurface, for example, from controversy in the Renaissance over human dissection to modern-day debates about organ donation. Law and healing provides a colourful but critical account of the longstanding – and often fraught – relationship between two fundamental pillars of human society.Table of ContentsPreface 1 Medico-legal history: why bother?2 Medical brethren3 ‘Unruly brethren’: regulation and reputation4 The bumpy road to the General Medical Council5 Medical litigation6 Human life, common law and Christianity7 Your living body: ‘temple of the soul’8 Reproductive bodies: mothers, midwives and morals9 The not (yet) born child10 Honouring the dead: commodifying the corpsePostscriptIndex

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Book Synopsis"I would highly recommend this book...It is high quality, clear and comprehensive and will no doubt prove an invaluable source of reference. Five stars on all counts." Tim Kevan, co-editor, PIBULJ.COM This book remains the only text of its kind to cover both the medical and legal aspects of medical negligence. Written by a team of more than 60 experts, it continues to provide the most comprehensive and authoritative guidance on all aspects of clinical negligence claims, from bringing an action for damages to presenting expert evidence in court. It also includes detailed consideration of funding and cost implications. Those needing clear guidance to make the best possible preparations for an action will find all they need here. The new 6th edition has been fully revised and restructured, including new chapters on the future of clinical negligence litigation, cardiology, gynaecology, obstetrics, haematology , and also includes coverage and analysis of recent key cases such as: - Williams v Bermuda Hospitals [2016] UKPC 4 (causation) - R (on the application of Maughan) v HM Senior Coroner for Oxfordshire [2020] UKSC 46 (suicide in inquests) - Darnley v Croydon Health Authority [2018] UKSC 50 (duty of care owed by receptionist) - ABC v St George's Hosp [2020] EWHC 455 (Huntington's chorea confidentiality) - Swift v Carpenter [2020] EWCA Civ 1295 (future accommodation costs) - Whittington Hospital NHS Trust v XX [2020] UKSC 14 (damages for surrogacy) - Khan v Meadows [2021] UKSC 21 (scope of duty of care) - Nguyen v HM Assistant Coroner for Inner West London [2021] EWHC 3354 (sufficiency of inquiry) Easy-to-access structure The new edition maintains its easy-to-access, two-part structure. The first part, set out in 16 chapters, deals with legal aspects of medical malpractice, including complaints procedures, poor performance and medical professional governance, preparation of medical evidence, settlements and trial. There are also chapters on product liability, and coronial law. The final 27 chapters in the second part cover the risks associated with particular areas of specialist medical practice. This title is included in Bloomsbury Professional's Clinical Negligence online service.Trade ReviewThere are certain law books that stand out as in a class of their own and this fifth edition of 'Clinical Negligence' stands tall among them... I would highly recommend this book for those practising in this area. It is high quality, clear and comprehensive and will no doubt prove an invaluable source of reference. Five stars on all counts. -- Tim Kevan * PIBULJ.COM *It retains its place as a key guide for practitioners in this area.I have been looking forward to the new edition and am notdisappointed. There is little in the field of clinical negligence that is not at least touched upon and the text either provides useful guidance (procedural or medical) or at least points in the right direction. -- Phillipa Luscumbe, Partner, PI, Penningtons * NLJ March 2016 *Table of ContentsForeword Preface Contributors Table of Statutes Table of Cases Chapter 1 Clinical Negligence Litigation: the Problem, the Solution - the Future? Chapter 2 The Law Chapter 3 Improving Safety, Reducing Harm and Subsequent Claims Chapter 4 The Role of NHS Resolution Chapter 5 Human Rights Chapter 6 Compensation Schemes Chapter 7 Funding Clinical Negligence Claims Chapter 8 The Coroner’s Inquest Chapter 9 The Duties of the Expert Witness and the Medical Expert Reporting Process Chapter 10 The Conduct of Proceedings Chapter 11 Consent Chapter 12 Limitation of Actions Chapter 13 Product Liability for Medical Products Chapter 14 Damages Awards: Lump Sums and Periodical Payments Chapter 15 Causation Chapter 16 Epidemiology and Statistics in Litigation Chapter 17 Negligence in General Practice Chapter 18 Emergency Medicine Chapter 19 Cardiology Chapter 20 Endocrinology Chapter 21 Neurology Chapter 22 Oncology Chapter 23 Psychiatry Chapter 24 Litigation in Clinical Radiology Chapter 25 Ophthalmology Chapter 26 General Surgery Chapter 27 Vascular Surgery Chapter 28 Chronic Pain Chapter 29 Anaesthesia Chapter 30 Neurosurgery Chapter 31 Spinal Surgery Chapter 32 Otolaryngology – Head and Neck Surgery Chapter 33 Orthopaedics Chapter 34 Urological Surgery Chapter 35 Cardiothoracic Surgery Chapter 36 Dental Surgery Chapter 37 Obstetrics Chapter 38 Gynaecology Chapter 39 Neonatology Chapter 40 Imaging for Perinatal and Early Childhood Neurological Problems Chapter 41 Medicolegal Issues in Haematology Index

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Book SynopsisThis book examines the divergent medical, political and legal constructions of intersex. The authors use empirical data to explore how intersex people are embodied through these frameworks which in turn influence their lived experiences. Through their analysis, the authors reveal the factors that motivate and influence the way in which policy makers and legislators approach the area of intersex rights. They reflect on the limitations of law as the primary vehicle in challenging healthcare’s framing of intersex as a ‘disorder’ in need of fixing. Finally, they offer a more holistic account of intersex justice which is underpinned by psychosocial support and bodily integrity.Table of Contents1. Introduction 2. Medical Embodiment: Intersex as Disorder 3. Non-Binary Embodiment: Intersex and Third-Gender Markers 4. LGBT Embodiment: Queerness, Homonormativity and Anti-Discrimination Law 5. Engaging with Intersex Experience: Can Law Disrupt Medical Embodiment? 6. Intersex as Acceptance and Emergence: Can Psychosocial Frameworks Disrupt Medical Embodiment? 7. Conclusion: Intersex Embodiment

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Book SynopsisWith contributions from an international team of experts, this collection provides a much-needed international, comparative approach to mental capacity law. The book focuses particularly on exploring substantive commonalities and divergences in normative orientation and practical application embedded in different legal frameworks. It draws together contributions from eleven different jurisdictions across Europe, Asia and the UK and explores what productive or unproductive values and practices currently exist. By providing a detailed comparison of how legal and ethical commitments to persons with disabilities are framed in capacity law across different national systems, the book highlights the values and practices that could lead to changes that better respect persons with disabilities in mental capacity regimes.Table of Contents1. Introduction: Values, Participation, and Mental Capacity Laws in International Comparative Perspective – Camillia Kong, John Coggon, Penny Cooper, Michael Dunn, Alex Ruck Keene 2. Mental Capacity Law in England and Wales: A Value-Laden Jurisdiction – Rebecca Stickler 3. Mental Capacity Regimes Approach to Values and Participation in Proceedings Involving Individuals With Impaired Decision-Making Capacity in Scotland – Jill Stavert 4. The Fusion Approach to Mental Capacity Law in Northern Ireland: Possibilities and Challenges – Gavin Davidson, Martin Daly, Moira Harper, Danielle McIlroy and Lorna Montgomery 5. Judging Values in a Time of Transition: An Irish Perspective – Mary Donnelly 6. US Laws Relating to Decision-Making on Behalf of P – Stephen Latham 7. Indigenous Peoples With Disabilities and Canadian Mental Capacity Law – Ruby Dhand 8. Capacity, Participation and Values in Australian Guardianship Laws – Cameron Stewart 9. Navigating Values in Aotearoa New Zealand – Kris Gledhill 10. Values and Participation of Individuals Without Mental Capacity in Hong Kong – Daisy Cheung 11. Asian Values and Confucianism: How P’s Ability To Participate in Court Proceedings in Singapore Is Influenced by P’s Cultural Milieu – Yue-En Chong 12. Respect for the Will and Preferences of People With Mental Disorders in German Law – Tanje Henking and Matthé Scholten 13. The Place of Values and P’s Participation in Mental Capacity Law: Themes, Synergies, and Tensions – Camillia Kong, John Coggon, Penny Cooper, Michael Dunn, Alex Ruck Keene

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Book SynopsisIn response to concerns about access to medical care at many Department of Veterans Affairs (VA) hospitals and clinics across the country in Spring 2014,1 Congress passed the Veterans Access, Choice, and Accountability Act of 2014 (VACAA, P.L. 113-146, as amended). On 7 August 2014, President Obama signed the bill into law. Among other things, the act establishes a new program that would allow the VA to authorise care for enrolled veterans through the Veterans Choice Program if they meet the eligibility requirements.

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Book SynopsisSince 1 January 2014, most individuals have had to maintain health insurance coverage or pay a penalty for noncompliance implemented through the Internal Revenue Code (IRC). To comply with this individual mandate, individuals need to maintain minimum essential coverage, which includes most types of public and private health insurance coverage. A majority of Americans have health insurance from the private health insurance (PHI) market. Health plans sold in the PHI market must comply with requirements at both the state and federal levels; such requirements often are referred to as market reforms. During the Obama Administration, the two federal agencies primarily responsible for administering the private health insurance provisions in the Affordable Care Act (ACA) -- the Centers for Medicare & Medicaid Services (CMS) within the Department of Health and Human Services (HHS), and the Internal Revenue Service (IRS) within the Treasury Department -- took a series of actions to delay, extend, or otherwise modify the laws implementation.

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Book SynopsisChapter 1 reports on the U.S. drug supply and the complex way it is interwoven with multiple stakeholders involved in each step of the process. When investigational drugs show promise for treating serious or life-threatening diseases, patients are often interested in obtaining access to them. Congress included a provision in the FDA Reauthorization Act of 2017 for GAO to review actions taken to facilitate access to these drugs. Chapter 2 describes (1) actions FDA and drug manufacturers have taken to broaden eligibility criteria for clinical trials, (2) actions FDA has taken to facilitate access to investigational drugs outside of clinical trials, and (3) information drug manufacturers have communicated to patients and physicians about access to investigational drugs outside of clinical trials. Chapter 3 reports on requiring e-prescriptions for coverage under part D of the Medicare program for prescription drugs that are controlled substances.

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Book SynopsisMedicaid, America's government-run health insurance program for the poor, should be a lifeline that provides needed health care to Americans with no other options. Surprisingly, however, it doesn't. The medical literature reveals a $450 billion-a-year scandal: that people on Medicaid have far worse health outcomes than those with private insurance, and no better outcomes than those with no insurance at all. Why is this so? In How Medicaid Fails the Poor, Avik Roy explains how Medicaid's clumsy design and perverse incentives make it hard for people on Medicaid to get the medical care they need. Medicaid doesn't reimburse doctors or hospitals for the cost of caring for Medicaid enrollees, forcing many doctors to opt out of the program. The Affordable Care Act, otherwise known as Obamacare, doubles down on this broken system. Roy shows us that there are better ways, using private insurance, to provide needed care to our poorest citizens.

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Book SynopsisA resource for healthcare professionals in beginning, improving, or successfully marketing a career as an expert witness, Becoming an Expert Witness in Healthcare and Litigation: A Beginner's Guide provides fundamental information on the legal process and practical advice for readers across various fields of medicine and allied health.The book draws on the authors’ experiences as both expert witnesses and litigation experts who have trained hundreds of nurses, physicians, and healthcare professionals. Covering topics like the fundamentals of litigation and the legal process and trial preparation, Becoming an Expert Witness in Healthcare and Litigation explores the basic principles of being an expert witness while offering practical advice that will enable expert witnesses and attorneys to maximize their effectiveness.Topics covered include:•Roles and expectations of key players•Courtroom presentation•Depositions and trials•Moral issues•Writing for the court•Business of expert witnessing•Ethical marketingAlso included in Becoming an Expert Witness in Healthcare and Litigation:•Checklists•Example expert witness forms like fee structures, engagement letters, and more•A comprehensive glossary of industry termsThose looking to break into the field and seasoned expert witnesses alike will find that Becoming an Expert Witness in Healthcare and Litigation: A Beginner's Guide offers valuable insights and guidance.Table of Contents Dedication Acknowledgments About the Authors Preface Foreword by Eric F. Quandt, JD Chapter 1 What Is an Expert? Chapter 2 Qualifications of an Expert Chapter 3 The Role of an Expert Chapter 4 Preparation for Expert Opinions Chapter 5 Disclosure of Opinions, Basis, and Bias Chapter 6 Presentation of Opinions Chapter 7 Conflicts of Interest Chapter 8 Establishing a Fee Structure Chapter 9 Expert Promotion Chapter 10 Dos and Don’ts of an Expert Glossary Bibliography Index

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Book SynopsisFive years after publication of the third edition, and reflecting the dynamic nature of the pharmaceutical and medical device industries (as well as the many different areas of law that pertain to the management of these medical technologies), the Fourth Edition incorporates the latest legislative, regulatory, and judicial developments, describes recent scientific advances, and excerpts or references new scholarly contributions to this broad field (the wealth of citations should facilitate use in a seminar setting). Measured by volume, more than 20% of the previous edition has been replaced with new material. The latest edition retains the same basic thematic approach and modular structure of the original, which allows instructors to pick and choose the materials to cover based on their own tastes and areas of expertise.

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Book SynopsisMedicaid is a significant expenditure for the federal government and the states, with total federal outlays of $310 billion in fiscal year 2014. The Centers for Medicare & Medicaid Services (CMS) reported an estimated $17.5 billion in potentially improper payments for the Medicaid program in 2014. This book identifies and analyses indicators of improper or potentially fraudulent payments in fiscal year 2011, and examines the extent to which federal and state oversight policies, controls, and processes are in place to prevent and detect fraud and abuse in determining eligibility.

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