Medical and healthcare law Books
Springer Medizinrecht
Book Synopsis
£24.99
Springer-Verlag Berlin and Heidelberg GmbH & Co. KG Healthcare Compliance im Krankenhaus
£107.99
Deutscher Apotheker Vlg Apothekenrecht
Book Synopsis
£33.83
Nomos Verlagsgesellschaft Medizinstrafrecht
Book Synopsis
£119.20
Nomos Verlagsgesellschaft Medizinprodukterecht: Mp-Vo I IVD-Vo I Mpdg
£160.20
Ergon Islamische Rechtsmeinungen Zu Medizinischen
Book Synopsis
£58.65
Informa Healthcare Medical Ethics and the Elderly: practical guide
Book SynopsisThis concise, introductory handbook discusses the basic principles of medical ethics, and includes practical, realistic guidance on how to evaluate and manage common ethical problems, focusing on the care of elderly patients Typical scenarios faced in clinical practice, such as issues of mental capacity and consent, resuscitation, near death decisions, quality of life, and health care expenditure, are discussedTable of ContentsPrinciples of medical ethics; determining mental capacity and competence; informed consent; advance directives; decisions on life-sustaining therapy - nutrition and fluid; cardiopulmonary resuscitation; achieving "a good death"; the use of physical restraints; ethical issues in dementia; ethical issues in stroke management; quality of life in health care decisions; ethical issues and expenditure on health and social care.
£69.99
Springer Verlag, Singapore Regulating Human Embryonic Stem Cell in China: A Comparative Study on Human Embryonic Stem Cell’s Patentability and Morality in US and EU
Book SynopsisThe general scope of the book is the patentability and morality of human embryonic stem cell research in US, EU and China. The book observes fraudsters operate unsafe human embryonic stem cell therapies and officialdom turns a blind eye to the immoral human embryonic stem cell research in China. The book highlights that both patent control and federal funding control are inefficient and ineffective way to monitoring human embryonic stem cell research. The book finally proposed an approach for china to regulating human embryonic stem cell research-regulating research itself at the reconciled international regime. The potential reader includes academics and practitioners dealing with intellectual property, patent law and stem cell inventions. The topic discussed will also be interesting to a broad readership, including experts, regulators, policy makers and medical researchers in both ethical and legal disciplines in the field of embryonic stem cell research.Table of ContentsValues of Human Embryonic Stem Cell Research, the phenomenon of “Stem Cell Tourism” and Inadequate regulation of Human Embryonic Stem Cell in China.- The Moral Maze In Human Embryonic Stem Cell Research: the moral status of human embryo and the moral source of human embryonic stem cell.- China: inconsistent moral standards of human embryonic stem cell research between patent law and practical application.- The United States: Inconsistent policies on federal funding control of human embryonic stem cell research.- The European Union: Inconsistent interpretations of moral provisions in Patent Convention addressing human embryonic stem cell research.- A proposal for controlling human embryonic stem cell research in China: regulate research itself in a reconciled human embryonic stem cell regulation at the international regime.
£80.99
The University of Chicago Press Speaking for the Dying
Book SynopsisAnalyzes how life-and-death decision makers are selected, the interventions they weigh in on, the information they seek and evaluate, the values and memories they draw on, the criteria they weigh, the outcomes they choose, the conflicts they become embroiled in, and the challenges they face.
£26.00
McGill-Queen's University Press The Boundaries of Medicare
Book SynopsisKatherine Fierlbeck and Gregory Marchildon examine public health services and coverage in Canada that predate or have developed in parallel to the Canada Health Act. Explaining their logic, operation, and internal political tensions, The Boundaries of Medicare sheds light on the challenges and opportunities facing Medicare in Canada today.Trade Review“Thoroughly exploring the complicated landscape of medical services in Canada, Fierlbeck and Marchildon offer an extremely well-researched, clear, and useful resource to health and medicine scholars and professionals. The Boundaries of Medicare is an enjoyable and unique read.” Catherine Carstairs, University of Guelph and author of The Smile Gap: A History of Oral Health and Social Inequality“An indispensable resource for policy experts, politicians, scholars, educators, and Canadians who want to know more about Medicare, the CHA, and these other systems that provide health-care coverage to Canadians. By focusing on these Medicare-straddling health services, this book invites Canadians to consider how future health-care reforms will affect certain population groups and to envision better ways of extending coverage to everyone who lives and works within Canada’s borders.” H-Sci-Med-Tech"This descriptive work presents an analysis that can be useful to health planners and related professionals, ... . Recommended. Graduate students, faculty, and professionals." Choice
£84.15
McGill-Queen's University Press The Boundaries of Medicare Public Health Care
Book SynopsisKatherine Fierlbeck and Gregory Marchildon examine public health services and coverage in Canada that predate or have developed in parallel to the Canada Health Act. Explaining their logic, operation, and internal political tensions, The Boundaries of Medicare sheds light on the challenges and opportunities facing Medicare in Canada today.Trade Review“Thoroughly exploring the complicated landscape of medical services in Canada, Fierlbeck and Marchildon offer an extremely well-researched, clear, and useful resource to health and medicine scholars and professionals. The Boundaries of Medicare is an enjoyable and unique read.” Catherine Carstairs, University of Guelph and author of The Smile Gap: A History of Oral Health and Social Inequality“An indispensable resource for policy experts, politicians, scholars, educators, and Canadians who want to know more about Medicare, the CHA, and these other systems that provide health-care coverage to Canadians. By focusing on these Medicare-straddling health services, this book invites Canadians to consider how future health-care reforms will affect certain population groups and to envision better ways of extending coverage to everyone who lives and works within Canada’s borders.” H-Sci-Med-Tech"This descriptive work presents an analysis that can be useful to health planners and related professionals, ... . Recommended. Graduate students, faculty, and professionals." Choice
£25.19
Indiana University Press A Century of Eugenics in America From the
Book SynopsisExploring the history of eugenics in the U.S.Trade ReviewAs a nation with lofty ambitions, the United States has had a mixed relationship with eugenics. The first country to prohibit procreation by criminals and 'idiots' — in the state of Indiana in 1907 — today it embraces the Human Genome Project and the possibility of genetic enhancement. Law professor Paul Lombardo examines US legislation and attitudes to human selection in the past century, and the likelihood of such pressures arising again in modern genetics. * Nature *Valuable and welcome . . . * BULLETIN HISTORY OF MEDICINE *[T]here are indeed valuable lessons to be learnt from . . . this book; the editor was probably wise to confine its scope to the narrower brief of American compulsory sterilisation . . . .Nov. 2011 * Human Genetics *Valuable and welcome . . .Vol. 85.4 Winter 2011 * BULLETIN HISTORY OF MEDICINE *A noted historian of the eugenics movement, editor Lombardo has divided this book into essays . . . The final two essays are perhaps the most important, as they look at the implications for contemporary medicine and law regarding the renewed interest in 'better breeding' as a result of the Human Genome Project. . . . Recommended.October 2011 * Choice *Paul Lombardo has assembled a compelling argument for close monitoring of modern genetic policies in the Human Genome Era . . . It is essential reading. April 20, 2011 * The Internet Review of Books *Table of ContentsContentsPreface and AcknowledgmentsIntroduction: Looking Back at Eugenics / Paul A. LombardoPart 1. The Indiana Origins of Eugenic Sterilization 1. The Hoosier Connection: Compulsory Sterilization as Moral Hygiene / Elof Axel Carlson 2. The Indiana Way of Eugenics: Sterilization Laws, 1907–74 / Jason S. LantzerPart 2. Eugenics and Popular Culture 3. From Better Babies to the Bunglers: Eugenics on Tobacco Road / Paul A. Lombardo 4. "Quality, Not Mere Quantity, Counts": Black Eugenics and the NAACP Baby Contests / Gregory Michael Dorr and Angela LoganPart 3. State Studies of Eugenic Sterilization 5. From Legislation to Lived Experience: Eugenic Sterilization in California and Indiana, 1907–79 / Alexandra Minna Stern 6. Eugenics and Social Welfare in New Deal Minnesota / Molly Ladd-Taylor 7. Reassessing Eugenic Sterilization: The Case of North Carolina / Johanna Schoen 8. Protection or Control? Women's Health, Sterilization Abuse, and Relf v. Weinberger / Gregory Michael DorrPart 4. Eugenics in the Human Genome Era 9. Are We Entering a "Perfect Storm" for a Resurgence of Eugenics? Science, Medicine, and Their Social Context / Linda L. McCabe and Edward R. B. McCabe 10. Modern Eugenics and the Law / Maxwell J. MehlmanList of ContributorsIndex
£18.89
John Wiley and Sons Ltd Nursing Law and Ethics
Book SynopsisNursing Law and Ethics explores a variety of key legal and ethical issues in nursing practice using a thought-provoking and holistic approach. It addresses both what the law requires and what is right, and explores whether these two are always the same. The book provides an overview of the legal, ethical and professional dimensions of nursing, followed by exploration of key issues in greater depth. This edition features updated legislation and new material on patient safety. Key topics are accompanied by both a legal and an ethical perspective, covering both law and ethics Case examples throughout place concepts in a real-life context Written by experts in the field and includes contributions from leading nurses, lawyers and ethicists Accessible, relevant, and comprehensive, this title is ideal for pre- and post-registration nurses.Table of ContentsNotes on Contributors vii Preface to the Fourth Edition ix Preface to the Third Edition xi Preface to the Second Edition xiii Preface to the First Edition xiv Part One: The Dimensions 1 1 The Legal Dimension: Legal System and Method 3 John Hodgson 2 The Ethical Dimension: Nursing Practice, Nursing Philosophy and Nursing Ethics 22 Alan Cribb 3 The Regulatory Perspective: Professional Regulation of Nurses and Midwives 34 Fiona Culley and Anupama Thompson 4 The Complaints Dimension: Patient and Family Complaints in Health Care 51 Peter Walsh 5 The Policy Dimension: Moving Beyond the Rhetoric Towards a Safer NHS 68 John Tingle Part Two: The Perspectives 99 6 Negligence A The Legal Perspective 101 Charles Foster B An Ethical Perspective – Negligence and Moral Obligations 118 Harry Lesser 7 Consent and the Capable Adult Patient A The Legal Perspective 128 Jean McHale B An Ethical Perspective – Consent and Patient Autonomy 151 Bobbie Farsides 8 Responsibility, Liability and Scarce Resources A The Legal Perspective 166 Tracey Elliott B An Ethical Perspective – How to Do the Right Thing 192 David Seedhouse 9 Mental Health Nursing A The Legal Perspective 201 Leon McRae B An Ethical Perspective – Compulsion and Autonomy 235 Harry Lesser 10 The Critically Ill Patient A The Legal Perspective 249 Jo Samanta B An Ethical Perspective 271 Robert Campbell 11 Clinical Governance A The Legal Perspective 286 Vanessa L. Mayatt B An Ethical Perspective 304 Lucy Frith 12 Clinical Research and Patients A The Legal Perspective 320 Natasha Hammond-Browning B An Ethical Perspective – Nursing Research 358 Richard Ashcroft 13 The Elderly A Older People and Nursing Care 368 Jonathan Herring B Person-Centred Care, Personal Identity and the Interests of People with Dementia 394 Michael Dunn Table of Cases 401 Table of Statutes 410 Index 413
£33.20
Harvard University Press The Law of Life and Death
Book SynopsisAre you alive? Most people believe that some law defines our status as living (or not) for all purposes. But Foley shows that “not being dead” isn’t necessarily the same as being alive, in the eyes of the law. The need for more organ transplants and conservation of health care resources is exerting pressure to expand the legal definition of death.Trade ReviewFoley’s book is essentially a primer or textbook on these legal issues of life and death, suitable for ethicists interested in learning about the law and for lawyers interested in learning about ethics… Foley ably lays out the moral arguments and legal disputes, and persuasively criticizes poorly reasoned judicial opinions. -- Eric Posner * New Republic online *Foley presents a profoundly intelligent, distinctive, and disturbing book. In seven short chapters, she dissects the legality behind what makes a person alive or dead… This work will be appreciated by legislators, serious readers, and legal and medical professionals. -- Harry Charles * Library Journal *Elizabeth Price Foley takes us on an agile and insightful romp through the briar patch of state and federal laws governing medical practice at the beginning and end of life. American politics is mired in legal debates over the limits of life and death practices, including embryo research, abortion, transplantation, treatment termination, suicide, and, most recently, ‘death panels.’ The Law of Life and Death deserves close attention from anyone trying to understand why lawyers have more influence than physicians on birth and death. -- George J. Annas, author of Worst Case Bioethics
£32.36
Harvard University Press Exposed
Book SynopsisDemocrats and Republicans fight endlessly over health care, but neither side disputes one of the system’s most basic flaws: the foisting on patients of substantial costs through deductibles, copayments, and coinsurance. Marshalling a decade of research, Christopher Robertson shows why this model is dysfunctional and offers ideas for improvement.Trade ReviewRead this important and timely book. Then send it to every politician and health policy wonk you know. Your financial solvency and health depend on their learning what this book teaches. -- Arthur L. Caplan, NYU Langone Medical CenterA masterful forensic dissection of the self-imposed plague of health care financing, and options for potential cures. A must-read for all health care students, leaders, and elected officials. -- Richard Carmona, 17th Surgeon General of the United StatesIn this sweeping and superb book, Robertson exposes the dark side of an appealing American narrative: that giving insured patients ‘cost-sharing’ responsibilities is good for us all. Exposed reveals that doing so creates problems much bigger than the one it aims to solve. -- Michelle M. Mello, Stanford Law SchoolExposed forcefully and persuasively demolishes the shibboleth that the so-called ‘cost-share’ elements of insurance in the U.S. cut costs and improve healthcare decisions and outcomes. A must-read for anyone interested in making sense of the morass of U.S. healthcare. -- George Loewenstein, Carnegie Mellon UniversityA powerful argument against patient cost-sharing. Through extensive data, international experiences, and a deep dive into theory and philosophy, Exposed convincingly demonstrates that charging sick people is not only a blatantly unfair practice, but one that also has little financial benefit and risks further health impairment. -- Thomas Rice, UCLA Fielding School of Public HealthAn important addition to a debate that is sure to be front and center in the 2020 elections. -- Glenn Altschuler * Florida Courier *Compassionate, timely, content heavy, and incredibly well written…After reading it, one hopes that Robertson, one of the true expert voices in health law and policy, continues engineering creative ideas for years and years to come. -- Isaac D. Buck * Journal of Legal Medicine *
£32.36
University of British Columbia Press Delivering Policy
Book SynopsisDelivering Policy explores how the tension between science and politics shaped the long and fraught path to Canada’s Assisted Human Reproduction Act.Trade ReviewIn Delivering Policy, Francesca Scala provides a comprehensive, fascinating and well-written study of the evolution of assisted reproductive technology policies in Canada. Through the concept of boundary work, Scala demonstrates how different actors – scientists, policy-makers, activists - have attempted to challenge, blur or reinforce the boundary between science and politics since the appointment of the Royal Commission on New Reproductive Technologies in 1989. Weaving a detailed analysis of policy documents with engaging testimonies from participants in those debates, the book ultimately presents a nuanced and persuasive account of the impact of discursive strategies and the broader political and institutional contexts. -- Prize Jury, 2020 Donald Smiley PrizeTable of Contents1 Politics, Science, and ARTs Policy in Canada2 Normalizing and Resisting Assisted Reproductive Technologies: Canadian and Comparative Perspectives3 Claiming and Contesting Epistemic Authority: The Royal Commission on New Reproductive Technologies4 Science and the Public Weigh In: The Discursive Terrain of ARTs Policy Making5 “Proceed with Care”: (Re)negotiating the Science/Politics Divide6 Setting Boundaries and Crafting ARTs Legislation7 Science, Boundary Work, and Parliamentary Politics: The Passing of Bill C-68 Understanding Boundary Work and ARTs Policy in CanadaNotes; References; Index
£66.60
University of British Columbia Press Delivering Policy
Book SynopsisDelivering Policy explores how the tension between science and politics shaped the long and fraught path to Canada’s Assisted Human Reproduction Act.Trade ReviewIn Delivering Policy, Francesca Scala provides a comprehensive, fascinating and well-written study of the evolution of assisted reproductive technology policies in Canada. Through the concept of boundary work, Scala demonstrates how different actors – scientists, policy-makers, activists - have attempted to challenge, blur or reinforce the boundary between science and politics since the appointment of the Royal Commission on New Reproductive Technologies in 1989. Weaving a detailed analysis of policy documents with engaging testimonies from participants in those debates, the book ultimately presents a nuanced and persuasive account of the impact of discursive strategies and the broader political and institutional contexts. -- Prize Jury, 2020 Donald Smiley PrizeTable of Contents1 Politics, Science, and ARTs Policy in Canada2 Normalizing and Resisting Assisted Reproductive Technologies: Canadian and Comparative Perspectives3 Claiming and Contesting Epistemic Authority: The Royal Commission on New Reproductive Technologies4 Science and the Public Weigh In: The Discursive Terrain of ARTs Policy Making5 “Proceed with Care”: (Re)negotiating the Science/Politics Divide6 Setting Boundaries and Crafting ARTs Legislation7 Science, Boundary Work, and Parliamentary Politics: The Passing of Bill C-68 Understanding Boundary Work and ARTs Policy in CanadaNotes; References; Index
£25.19
MW - Rutgers University Press Ethics and Law for Neurosciences Clinicians
Book SynopsisScience and technology are advancing more rapidly than regulations or the law can interpret and integrate them into a supportive or regulatory framework. This book is written for all clinicians in the neurosciences specialties who need to examine and re-examine the ethical and legal implications of advances in clinical neurosciences. Trade Review"Medical, ethical and legal issues interact acutely in neurological patients, and Dr. Szalados’s book on these issues is vital reading for the administrators, nurses, physicians, lawyers and ethicists who care for them." -- Denham Ward * M.D., Ph.D. *Table of ContentsDisclaimer Dedication Preface I. Morality, Ethics, and the Law: An Overview of the Foundations of Contemporary Clinical Ethical Analysis II. Case Studies: Ethical and Legal Challenges in the Care of the Neurologically Injured Critically Ill Patient III. Civil Law and Liability: The Law of Medical Malpractice IV. Legal Reasoning, Legal Process, Legal Proof and Why it is Confusing to Clinician Scientists V. Regulatory Law and the Clinical Practice of the Neurosciences VI. Digital Medicine and the Data Revolution Managing Digital Distraction and EMR Liability While Leveraging Opportunities in Teleneurology and Telecritical Care VII. Developing and Leading a Sustainable High Reliability High Performing Unit: Theories of Quality, Teamwork, Medical Error and Patient Safety VIII. Neurolaw and the Integration of Neuroscience, Ethics, and the Law: The New Frontiers IX. Conclusions and Afterword Acknowledgements About the Author Index
£99.20
New York University Press The Supreme Court in the Intimate Lives of Ameri
Book SynopsisPersonal rights, such as the right to procreate - or not -and the right to die generate endless debate. This book maps out the legal, political, and ethical issues swirling around personal rights.Trade ReviewIn this truly fascinating and spellbinding work, Ball tells many tales. * Choice *A wonderful book dealing with personal issues each of us as individuals may face. Well-written and absorbing reading with numerous case studies that rely on materials and insider accounts from the private papers of the justices, this is a book for the general public and specialists alike to savor. -- Sheldon Goldman,University of Massachusetts, Amherst...A thorough summary of the trajectory of current case law on the legal regulation of U.S. citizens' intimate lives. . . . A valuable introduction to increasingly important and salient legal questions about the constitutional limits on the state's ability to shape intimate lives in the United States. * Political Science Quarterly *Despite the controversial content of many of the cases, Mr. Ball maintains an air of bemused detachment and does not openly take sides. This is not a polemic. With few exceptions, the prevailing tone is light and scholarly. The goal is to illuminate, not to persuade. * New York Law Journal *...A worthy assessment of the law of intimate association and personal decision-making. For those intrigued by the Court's human side, Ball provides a sufficient glimpse without raising the curtain on its realm of privacy that the justices have strived to protect. * Trial *Table of Contents1 "Fundamental" Rights versus State Interests: The Balancing Process 2 Marriage and Marital Privacy 3 The "Rhapsody of the Unitary Family" 4 Motherhood or Not, That Is Her Decision 5 Raising the Child: "Father Knows Best"? 6 "Let Me Go!": Death in the Family 7 Family and Personal Privacy in the Twenty-First Century
£23.74
Fordham University Press Informed Consent to Psychoanalysis
Book SynopsisThis book examines informed consent to psychoanalysis. It reviews the law. It examines informed consent as a theoretical matter: e.g., is it possible, is it countertherapeutic? It reports on a survey of analysts. The goal is to shed psychoanalytic light on a concept which has changed the delivery of healthcare.Trade Review"An important and well-designed study. Saks and Golshan have described a new, uncharted field of inquiry: how standards of 'informed consent' might bear on -- and matter within -- psychoanalytic treatment. Their book intelligently frames a variety of new practical questions." -- -Martin Stone Cardozo Law School "Professors Elyn Saks and Shahrokh Golshan have given us a fascinating and eye-opening account of the legal, theoretical, and empirical dimensions of informed consent to psychoanalysis." -- Anne Dailey, University of Connecticut School of Law -Journal of the American Psychoanalytical Association
£70.20
Edward Elgar Publishing Ltd Intellectual Property Pharmaceuticals and Public
Book SynopsisThe expert chapters focus on patents as well as an array of regulatory instruments, including pricing and drug registration policies.Trade Review‘. . . this book will appeal strongly to a wide range of professionals, academics and students with interest in and involvement in public health issues worldwide, specifically the pharmaceutical industry. . . the book is timely, topical, and packed with carefully researched information which puts a number of major issues relating to pharmaceuticals in perspective. Of great value to researchers are the copious footnotes and extensive bibliographies which follow most of the articles. . . this book certainly provides you with an impressive mine of information if you find yourself having to argue your corner on any number of legal, economic and ethical issues in this complex field of study.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine‘Since the 1970s the pharmaceutical industry has undergone significant changes in its research and development paradigm, trade and production. Regulatory frameworks have also changed substantially, particularly in the area of intellectual property rights. This book provides much needed empirical evidence on the impact of these and other changes on the pharmaceutical sector and on access to medicines in developing countries. The studies, conducted with a common methodology, on nine developing countries (including major producers of pharmaceuticals such as China and India) and on Canada, make an outstanding contribution to the literature in the field. The data and analysis in the book are of immediate interest to policy makers and to scholars in various fields, including innovation economics, industrial policy, health systems and intellectual property.’ -- Carlos Correa, University of Buenos Aires, Argentina‘This impressive collection offers fascinating new perspectives on the impact of pharmaceutical patents on access to medicines in developing countries. The volume’s editors have put together an important book that sets out clearly the challenges to public health in a wide range of national contexts. The book will be a valuable text for all scholars and decision-makers interested in the global politics of intellectual property rights and public health.’ -- Duncan Matthews, Queen Mary, University of London, UKTable of ContentsContents: 1. Globalization, Intellectual Property Rights, and Pharmaceuticals: Meeting the Challenges to Addressing Health Gaps in the New International Environment Kenneth C. Shadlen, Samira Guennif, Alenka Guzmán and N. Lalitha 2. Pharmaceutical Production and Access to Essential Medicines in South Africa Heinz Klug 3. Intellectual Property and Access to Medicines: Paradoxes in Moroccan Policy Gaëlle Krikorian 4. The Invisible Threat: Trade, Intellectual Property, and Pharmaceutical Regulations in Colombia Tatiana Andia 5. The Challenges of Constructing Pharmaceutical Capabilities and Promoting Access to Medicines in Mexico under TRIPS Alenka Guzmán 6. Corporate Power and State Resistance: Brazil’s Use of TRIPS Flexibilities for its National AIDS Program Matthew Flynn 7. The Politics of Patents and Drugs in Brazil and Mexico: The Industrial Bases of Health Policies Kenneth C. Shadlen 8. Pharmaceutical Patent Policy in Developing Countries: Learning from the Canadian Experience Jean-Frédéric Morin and Mélanie Bourassa Forcier 9. Access to Indian Generic Drugs: Emerging Issues N. Lalitha 10. Sufficient but Expensive Drugs: A Double-Track System that Facilitated Supply Capability in China Mariko Watanabe and Luwen Shi 11. Access to Essential Drugs in Thailand: Intellectual Property Rights and Other Institutional Matters Affecting Public Health in a Developing Country Samira Guennif 12. The TRIPS Agreement and Health Innovation in Bangladesh Padmashree Gehl Sampath Index
£37.00
International Human Rights Clinic Litigating Health Rights
Book SynopsisThis book examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It asks who benefits both directly and indirectlyand what the overall impacts on health equity are. Included are case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia.
£18.86
Edward Elgar Publishing Ltd Privacy and Medical Confidentiality in Healthcare
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
£120.00
John Wiley & Sons Inc Everyday Medical Ethics and Law
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
£39.85
John Wiley & Sons Legal and Ethical Essentials of Health Care
Book Synopsis
£63.90
John Wiley and Sons Ltd Clinical Research and the Law
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
£56.00
New York University Press Regulating Conception
£32.40
New York University Press Just Medicine
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 *
£17.99
New York University Press Just Medicine
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
£70.30
Edward Elgar Publishing Ltd Economics of Health Law
Book SynopsisRonen Avraham, David Hyman and Charles Silver, leading authorities in their fields, discuss the effects of economic and legal constraints and regulation on healthcare. They examine the impact of access to healthcare on mortality and clinical outcomes and investigate healthcare financing, including payment to providers, expanding costs, health insurance and the provision of long-term care. The distribution of spending and the expansion of provision are also investigated. The regulatory aspect includes discussions on the regulation of healthcare practice, medical malpractice and liability, and public health and ethical issues.Table of ContentsContents: Volume I Introduction Ronen Avraham, David A. Hyman and Charles M. Silver PART I ACCESS TO HEALTHCARE: HEALTHCARE, MORTALITY AND OTHER CLINICAL OUTCOMES 1. Andrew P. Wilper, Steffie Woolhandler, Karen E. Lasser, Danny McCormick, David H. Bor and David U. Himmelstein (2009), ‘Health Insurance and Mortality in US Adults’, American Journal of Public Health, 99 (12), December, 2289–95 2. Richard Kronick (2009), ‘Health Insurance Coverage and Mortality Revisited’, HSR: Health Services Research, 44 (4), August, 1211–31 3. Katherine Baicker, Sarah L. Taubman, Heidi L. Allen, Mira Bernstein, Jonathan H. Gruber, Joseph P. Newhouse, Eric C. Schneider, Bill J. Wright, Alan M. Zaslavsky and Amy N. Finkelstein (2013), ‘The Oregon Experiment – Effects of Medicaid on Clinical Outcomes’, New England Journal of Medicine, 368 (18), May 2, 1713–22 PART II FINANCING HEALTH CARE A Payment Structure and Incentives 4. Ching-to Albert Ma and Thomas G. McGuire (1997), ‘Optimal Health Insurance and Provider Payment’, American Economic Review, 87 (4), September, 685–704 5. Sherry Glied and Joshua Graff Zivin (2002), ‘How Do Doctors Behave When Some (But Not All) of Their Patients are in Managed Care?’, Journal of Health Economics, 21 (2), March, 337–53 6. Thomas L. Greaney (2009), ‘Economic Regulation of Physicians: A Behavioral Economics Perspective’, Saint Louis University Law Journal, 53, 1189–209 7. Austin B. Frakt (2011), ‘How Much Do Hospitals Cost Shift? A Review of the Evidence’, Milbank Quarterly, 89 (1), March, 90–130 B Cost Drivers 8. Joseph P. Newhouse (1992), ‘Medical Care Costs: How Much Welfare Loss?’, Journal of Economic Perspectives, 6 (3), Summer, 3–21 9. Burton A. Weisbrod (1991), ‘The Health Care Quadrilemma: An Essay on Technological Change, Insurance, Quality of Care, and Cost Containment’, Journal of Economic Literature, XXIX (2), June, 523–52 10. Einer Elhauge (1997), ‘The Limited Regulatory Potential of Medical Technology Assessment’, Virginia Law Review, 82, 1525–617 C Health Insurance 11. Kenneth J. Arrow (1963), ‘Uncertainty and the Welfare Economics of Medical Care’, American Economic Review, LIII (5), December, 941–73 12. Mark V. Pauly (1968), ‘The Economics of Moral Hazard’, American Economic Review, 58 (3), Part I, June, 531–7 13. Kenneth J. Arrow (1968), ‘The Economics of Moral Hazard: Further Comment’, American Economic Review, 58 (3), Part 1, June, 537–9 14. Katherine Baicker and Amitabh Chandra (2008), ‘Myths and Misconceptions about U.S. Health Insurance’, Health Affairs, 27 (6), October, w533–w543, content.healthaffairs.org, accessed 13 August 2013 15. Sherry A. Glied (2005), ‘The Employer-Based Health Insurance System: Mistake or Cornerstone?’, in David Mechanic, Lynn B. Rogut, David C. Colby and James R. Knickman (eds), Policy Challenges in Modern Health Care, Chapter 3, Piscataway, NJ: Rutgers University Press, 37–52 D Moral Hazard and Adverse Selection 16. John A. Nyman (2004), ‘Is “Moral Hazard” Inefficient? The Policy Implications of a New Theory’, Health Affairs, 23 (5), September–October, 194–9 17. David M. Cutler and Sarah J. Reber (1998), ‘Paying for Health Insurance: The Trade-off between Competition and Adverse Selection’, Quarterly Journal of Economics, 113 (2), May, 433–66 E Long-Term Care 18. Mark V. Pauly (1990), ‘The Rational Nonpurchase of Long-Term-Care Insurance’, Journal of Political Economy, 98 (1), February, 153–68 19. Jeffrey R. Brown and Amy Finkelstein (2011), ‘Insuring Long-Term Care in the United States’, Journal of Economic Perspectives, 25 (4), Fall, 119–41 and ‘Appendix: Calculating Loads and Comprehensiveness’, http://www.aeaweb.org/articles.php?doi=10.1257/jep.25.4.119. Accessed 25.02.2014, 1-13 PART III DISTRIBTUTION OF SPENDING AND CROWD-OUT 20. Katherine Baicker, Amitabh Chandra and Jonathan S. Skinner (2005), ‘Geographic Variation in Health Care and the Problem of Measuring Racial Disparities’, Perspectives in Biology and Medicine, 48 (1), Supplement, Winter, S42–S53 21. Tomas J. Philipson, Seth A. Seabury, Lee M. Lockwood, Dana P. Goldman and Darius N. Lakdawalla (2010), ‘Geographic Variation in Health Care: The Role of Private Markets’ and ‘Comment and Discussion’, Brookings Papers on Economic Activity, Spring, 325–55, 56–61 22. David M. Cutler and Jonathan Gruber (1996), ‘Does Public Insurance Crowd out Private Insurance?’, Quarterly Journal of Economics, 111 (2), May, 391–430 PART IV COMPETITION AND FRAGMENTATION IN THE HEALTH CARE INDUSTRY 23. David Hyman (2010), ‘Health Care Fragmentation: We Get What We Pay For’, in Einer Elhauge (ed.), Fragmentation of U.S. Health Care: Causes and Solutions, Chapter 2, Oxford, UK: Oxford University Press, 23–36 24. Thomas (Tim) Greaney (2009), ‘Competition Policy and Organizational Fragmentation in Health Care’, University of Pittsburgh Law Review, 71 (2), 217–39 Index Volume II Contents: An introduction to both volumes by the editors appears in Volume I PART I REGULATION OF HEALTH CARE PRACTICE A Drugs and Devices 1. Anup Malani and Tomas Philipson (2012), ‘The Regulation of Medical Products’, in Patricia Danzon and Sean Nicholson (eds), Oxford Handbook of the Economics of the Biopharmaceutical Industry, Chapter 5, Oxford, UK: Oxford University Press, 100–42 2. Michelle M. Mello, Sara Abiola and James Colgrove (2012), ‘Pharmaceutical Companies’ Role in State Vaccination Policymaking: The Case of Huyman Papillomavirus Vaccination’, American Journal of Public Health, 102 (5), May, 893–8 B Licensure and Guidelines 3. Ronen Avraham (2011), ‘Clinical Practice Guidelines – The Warped Incentives in the U.S. Healthcare System?’, American Journal of Law and Medicine, 37 (1), Spring, 7–40 4. Shirley Svorny (1993), ‘Advances in Economic Theories of Medical Licensure’, Federation Bulletin: The Journal of Medical Licensure and Discipline, 80 (1), Spring, 27–32 C Provider Rankings 5. Peter K. Lindenauer, Denise Remus, Sheila Roman, Michael B. Rothberg, Evan M. Benjamin, Allen Ma and Dale W. Bratzler (2007), ‘Public Reporting and Pay for Performance in Hospital Quality Improvement’, New England Journal of Medicine, 356 (5), February, 486–96 6. David Dranove, Daniel Kessler, Mark McClellan and Mark Satterthwaite (2003), ‘Is More Information Better? The Effects of “Report Cards” on Health Care Providers’, Journal of Political Economy, 111 (3), June, 555–88 PART II MEDICAL MALPRACTICE AND LIABILITY 7. Richard A. Epstein (1976), ‘Medical Malpractice: The Case for Contract’, American Bar Foundation Research Journal, 1 (1), 87–149 8. Jennifer Arlen (2013), ‘Economic Analysis of Medical Malpractice Liability and Its Reform’, in Jennifer Arlen (ed.), Research Handbook on the Economics of Tort, Chapter 2, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing Ltd, 33–69 9. Kenneth S. Abraham and Paul C. Weiler (1994), ‘Enterprise Medical Liability and the Evolution of the American Health Care System’, Harvard Law Review, 108 (2), December, 381–436 10. Kathryn Zeiler, Bernard S. Black, Charles Silver, David A. Hyman and William M. Sage (2008), ‘Physicians’ Insurance Limits and Malpractice Payments: Evidence from Texas Closed Claims, 1990-2003’, Journal of Legal Studies, 36 (S2), June, S9–S45 11. David M. Studdert, Michelle M. Mello, Atul A. Gawande, Tejal K. Gandhi, Allen Kachalia, Catherine Yoon, Ann Louise Puopolo and Trojen A. Brennan (2006), ‘Claims, Errors, and Compensation Payments in Medical Malpractice Litigation’, New England Journal of Medicine, 354 (19), May, 2024–33 12. Daniel Kessler and Mark McClellan (1996), ‘Do Doctors Practice Defensive Medicine?’, Quarterly Journal of Economics, 111 (2), May, 353–90 13. Daniel P. Kessler (2011), ‘Evaluating the Medical Malpractice System and Options for Reform’, Journal of Economic Perspectives, 25 (2), Spring, 93–110 14. Ronen Avraham, Leemore S. Dafny and Max M. Schanzenbach (2012), ‘The Impact of Tort Reform on Employer-Sponsored Health Insurance Premiums’, Journal of Law Economics and Organization, 28 (4), October, 657–86 15. Janet Currie and W. Bentley MacLeod (2008), ‘First Do No Harm? Tort Reform and Birth Outcomes’, Quarterly Journal of Economics, 123 (2), May, 795–830 PART III PUBLIC HEALTH A Infections and Antibiotic Resistance 16. Ramanan Laxminarayan and Anup Malani (2011), ‘Economics of Infectious Diseases’, in Sherry Glied and Peter C. Smith (eds), Oxford Handbook of Health Economics, Chapter 9, Oxford, UK: Oxford University Press, 189–205 17. William M. Sage and David A. Hyman (2010), ‘Combatting Antimicrobial Resistance: Regulatory Strategies and Institutional Capacity’, Tulane Law Review, 84 (4), March, 781–840 B Obesity 18. Ronen Avraham and K.A.D. Camara (2007), ‘The Tragedy of Human Commons’, Cardozo Law Review, 29 (2), November, 479–511 [33] 19. Tomas Philipson (2001), ‘The World-Wide Growth in Obesity: An Economic Research Agenda’, Health Economics, 10, 1–7 20. Tomas J. Philipson and Richard A. Posner (2008), 'Is the Obesity Epidemic a Public Health Problem? A Review of Zoltan J. Acs and Alan Lyles's Obesity, Business and Public Policy', Journal of Economic Literature, 46 (4), December, 974–82 PART IV ETHICAL ISSUES 21. Ezekiel J. Emanuel and Margaret P. Battin (1998), ‘What are the Potential Cost Savings from Legalizing Physician-Assisted Suicide?’, New England Journal of Medicine, 339 (3), July, 167–72 22. Judd B. Kessler and Alvin E. Roth (2012), ‘Organ Allocation Policy and the Decision to Donate’, American Economic Review, 102 (5), August, 2018–47 23. Jason Snyder (2010), ‘Gaming the Liver Transplant Market’, Journal of Law, Economics, and Organization, 26 (3), December, 546–68 Index
£563.00
Edward Elgar Publishing Ltd Global Health Law
Book SynopsisThis two-volume set gathers together some of the most significant contributions to the study of global health law. Global health law is a recent field of research in its own right, encompassing the relatively narrow core of international rules and institutions devoted to health protection and promotion, as well as the complex interactions between health and multiple areas of international law. By bringing such diverse perspectives into a single collection, together with an original introduction by the editor, this book will be an important resource for scholars and practitioners both in public health as well as in legal and policy fields such as trade and investment, human rights and the environment.Trade Review‘This is an indispensable collection of seminal contributions to global health law. Global health law has come a long way in a short time, but it remains in its infancy. The issues are huge, complex and vital – and they demand interdisciplinarity. As we search for global approaches to global health problems, these twin volumes of primarily legal perspectives will provide an extremely rich resource.’ -- Paul Hunt, University of Essex School of Law, UKTable of ContentsContents: Volume I Introduction Gian Luca Burci PART I GLOBAL HEALTH LAW IN GENERAL AND GLOBAL HEALTH GOVERNANCE 1. Gian Luca Burci (2009), ‘Public/Private Partnerships in the Public Health Sector’, International Organizations Law Review, 6 (2), 359–82 2. David P. Fidler (1999), ‘International Law and Global Public Health’, University of Kansas Law Review, 48 (1), November, 1–58 3. Lawrence O. Gostin (2008), ‘Global Health: Meeting Basic Survival Needs of the World’s Least Healthy People: Toward a Framework Convention on Global Health’, Georgetown Law Journal, 96 (2), January, 331–92 4. Lawrence O. Gostin and Allyn L. Taylor (2008), ‘Global Health Law: A Definition and Grand Challenges’, Public Health Ethics, 1 (1), April, 53–63 5. Jonathan Liberman (2012), ‘Combating Counterfeit Medicines and Illicit Trade in Tobacco Products: Minefields in Global Health Governance’, Journal of Law, Medicine and Ethics, 40 (2), Summer, 326–47 6. Jennifer Prah Ruger (2008), ‘Normative Foundations of Global Health Law’, Georgetown Law Journal, 96 (2), January, 423–43 PART II WORLD HEALTH ORGANIZATION AND GLOBAL HEALTH LAW 7. David P. Fidler (1998), ‘The Future of the World Health Organization: What Role for International Law?’, Vanderbilt Journal of Transnational Law, 31 (5), November, 1079–126 8. Allyn Lise Taylor (1992), ‘Making the World Health Organization Work: A Legal Framework for Universal Access to the Conditions for Health’,American Journal of Law and Medicine, XVIII (4), 301–46 9. Allyn L. Taylor, Lenias Hwenda, Bjørn-Inge Larsen and Nils Daulaire (2011), ‘Stemming the Brain Drain — A WHO Global Code of Practice on International Recruitment of Health Personnel’, New England Journal of Medicine, 365 (25), December, 2348–51 10. Gaudenz Silberschmidt, Don Matheson and Ilona Kickbusch (2008), ‘Creating a Committee C of the World Health Assembly’, The Lancet, 371, May, 1483–6 PART III COMMUNICABLE DISEASES AND GLOBAL HEALTH SECURITY 11. Obijiofor Aginam (2005), ‘Bio-Terrorism, Human Security and Public Health: Can International Law Bring Them Together in an Age of Globalization?’, Medicine and Law, 24 (3), September, 455–62 12. David P. Fidler (2003), ‘Public Health and National Security in the Global Age: Infectious Diseases, Bioterrorism, and Realpolitik’, George Washington International Law Review, 35, 787–856 13. David P. Fidler (2005), ‘From International Sanitary Conventions to Global Health Security: The New International Health Regulations’, Chinese Journal of International Law, 4 (2), November, 325–92 14. K. Lee and D. Fidler (2007), ‘Avian and Pandemic Influenza: Progress and Problems with Global Health Governance’, Global Public Health, 2 (3), July, 215–34 15. Barbara von Tigerstrom (2005), ‘The Revised International Health Regulations and Restraint of National Health Measures’, Health Law Journal, 13, 35–76 16. Gian Luca Burci (2014), ‘Ebola, the Security Council and the Securitization of Public Health’, Questions of International Law: Zoom In, 10, December, 27–39 PART IV INTERNATIONAL TOBACCO CONTROL: THE WORLD HEALTH ORGANIZATION FRAMEWORK CONVENTION ON TOBACCO CONTROL 17. Alberto Alemanno and Enrico Bonadio (2011), ‘Do You Mind My Smoking? Plain Packaging of Cigarettes Under the TRIPS Agreement’, John Marshall Review of Intellectual Property Law: Special Issue, 10 (3), 450–75 18. Oscar A. Cabrera and Lawrence O. Gostin (2011), ‘Human Rights and the Framework Convention on Tobacco Control: Mutually Reinforcing Systems’, International Journal of Law in Context: Special Issue: Health and Human Rights, 7 (3), September, 285–303 19. Carolyn Dresler and Stephen Marks (2006), ‘The Emerging Human Right to Tobacco Control’, Human Rights Quarterly, 28 (3), August, 599–651 20. Jonathan Liberman (2014), ‘The Power of the WHO FCTC: Understanding its Legal Status and Weight’, in Andrew D. Mitchell and Tania Voon (eds), The Global Tobacco Epidemic and the Law, Chapter 4, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 48–63 21. Sean D. Murphy (2003), ‘Liability and the WHO Framework Convention on Tobacco Control’, International Law FORUM du droit international, 5 (1), February, 62–71 22. Tania Voon (2013), ‘Flexibilities in WTO Law to Support Tobacco Control Regulation’, American Journal of Law and Medicine, 39 (2–3), 199–217 23. Tania Voon and Andrew Mitchell (2011), ‘Time to Quit? Assessing International Investment Claims against Plain Tobacco Packaging in Australia’, Journal of International Economic Law, 14 (3), September, 515–52 Volume II Introduction An introduction by the editor appears in Volume I PART I NON-COMMUNICABLE DISEASES 1. Roger S. Magnusson (2007), ‘Non-Communicable Diseases and Global Health Governance: Enhancing Global Processes to Improve Health Development’, Globalization and Health, 3 (2), May, 1–16 2. A. Mitchell and T. Voon (2011), ‘Implications of the World Trade Organization in Combating Non-Communicable Diseases’, Public Health, 125 (12), December, 832–9 3. Allyn L. Taylor and Ibadat S. Dhillon (2013), ‘An International Legal Strategy for Alcohol Control: Not a Framework Convention —At Least Not Yet’, Addiction, 108 (3), March, 450–55 4. Bryan Thomas and Lawrence O. Gostin (2013), ‘Tackling the Global NCD Crisis: Innovations in Law and Governance’, Journal of Law, Medicine and Ethics: Special Issue: Symposium: Global Health and the Law, 41 (1), Spring, 16–27 5. Tania Voon (2013), ‘WTO Law and Risk Factors for Non- Communicable Diseases: A Complex Relationship’, in Geert van Calster and Denise Prévost (eds), Research Handbook on Environment, Health and the WTO, Chapter 13, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 390–408 6. Benn McGrady and Alexandra Jones (2013), ‘Tobacco Control and Beyond: The Broader Implications of United States—Clove Cigarettes for Non-Communicable Diseases’, American Journal of Law and Medicine, 39 (2–3), 265–89 PART II HEALTH AND INTERNATIONAL ECONOMIC LAW A International Trade Law 7. Jeffery Atik (2009), ‘Trade and Health’, in Daniel Bethlehem, Donald McRae, Rodney Neufeld and Isabelle van Damme (eds), The Oxford Handbook of International Trade Law, Chapter 21, Oxford, UK and New York, NY, USA: Oxford University Press, 597–618 8. Panagiotis Delimatsis (2013), ‘GATS and Public Health Care: Reflecting on an Uneasy Relationship’, in Geert van Calster and Denise Prévost (eds), Research Handbook on Environment, Health and the WTO, Chapter 12, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 363–89 9. Allyn L. Taylor (2007), ‘Addressing the Global Tragedy of Needless Pain: Rethinking the United Nations Single Convention on Narcotic Drugs’, Journal of Law, Medicine and Ethics: Symposium, 35 (4), Winter, 556–70 B International Intellectual Property Rights Law 10. Frederick M. Abbott (2005), ‘The WTO Medicines Decision: World Pharmaceutical Trade and the Protection of Public Health’, American Journal of International Law, 99 (2), April, 317–58 11. Philippe Cullet (2003), ‘Patents and Medicines: The Relationship between TRIPS and the Human Right to Health’, International Affairs, 79 (I), January, 139–60 C International Investment Law 12. Valentina S. Vadi (2012), ‘Global Health Governance at a Crossroads: Trademark Protection v. Tobacco Control in International Investment Law’, Stanford Journal of International Law, 48 (1), 93–130 13. Rahim Moloo and Justin Jacinto (2011), ‘Environmental and Health Regulation: Assessing Liability Under Investment Treaties’, Berkeley Journal of International Law, 29 (1), 1–65 D Pharmaceutical Research and Development 14. Steven J. Hoffman and John-Arne Røttingen (2012), ‘Assessing Implementation Mechanisms for an International Agreement on Research and Development for Health Products’, Bulletin of the World Health Organization, 90 (11), November, 854–61, 863 15. Dawn Joyce Miller (2001), ‘Research and Accountability: The Need for Uniform Regulation of International Pharmaceutical Drug Testing’, Pace International Law Review, 13 (1), Spring, 197–232 PART III HEALTH AND HUMAN RIGHTS: THE RIGHT TO HEALTH 16. L. Gable, L. Gostin and J.G. Hodge, Jr. (2009), ‘A Global Assessment of the Role of Law in the HIV/AIDS Pandemic’, Public Health: Special Issue, 123 (3), March, 260–64 17. Sofia Gruskin (2004), ‘Is There a Government in the Cockpit: A Passenger’s Perspective or Global Public Health: The Role of Human Rights’, Temple Law Review, 77 (2), Summer, 313–33 18. Benjamin Mason Meier (2010), ‘Global Health Governance and the Contentious Politics of Human Rights: Mainstreaming the Right to Health for Public Health Advancement’, Stanford Journal of International Law, 46 (1), 1–50 19. Benjamin Mason Meier and Larisa M. Mori (2005), ‘The Highest Attainable Standard: Advancing a Collective Human Right to Public Health’, Columbia Human Rights Law Review, 37 (1), Fall, 101–47 20. George P. Smith, II (2005), ‘Human Rights and Bioethics: Formulating a Universal Right to Health, Health Care, or Health Protection?’, Vanderbilt Journal of Transnational Law, 38 (5), November, 1295–321 21. Brigit Toebes (2009), ‘Right to Health and Health Care’, in David P. Forsythe (ed.), Encyclopedia of Human Rights: Volume II, Oxford, UK: Oxford University Press, 365–76 PART IV HEALTH AND INTERNATIONAL ENVIRONMENTAL LAW, INCLUDING ACCESS TO BIOLOGICAL RESOURCES 22. Frederick M. Abbott (2010), ‘An International Legal Framework for the Sharing of Pathogens: Issues and Challenges’, International Centre for Trade and Sustainable Development Programme on Intellectual Property Rights and Sustainable Development, Issue Paper No. 30, Geneva, Switzerland: International Centre for Trade and Sustainable Development, October, i, 1–45 23. Jason Carter (2010), ‘WHO’s Virus is it Anyway? How the World Health Organization can Protect Against Claims of “Viral Sovereignty”’, Georgia Journal of International and Comparative Law: Symposium: International Human Rights and Climate Change, 38 (3), 717–40 24. Stefania Negri (2010), ‘Waterborne Disease Surveillance: The Case for a Closer Interaction between the UNECE Protocol on Water and Health and the International Health Regulations (2005)’, International Community Law Review, 12 (3), 287–302 Index
£615.00
Edward Elgar Publishing Ltd Genetics, Crime and Justice
Book SynopsisAs our understanding of genetics increases, its application to criminal justice becomes more significant. This timely book examines the use of genetic information both in criminal investigations and during the trial process. It discusses current scientific understanding and considers some potential legal, ethical and sociological issues with the use of genetic information.The author draws together debates from scientists, ethicists, sociologists and lawyers in order to understand how the criminal justice system currently reacts, and ought to react, to the new challenges presented by genetic evidence. She asks the important question of where priorities should lie: whether with society's desire to be protected from crime, or with an individual's desire to be protected from an unwanted intrusion into his or her genome. Topics include rights of privacy and consent in obtaining DNA samples, evidentiary issues in court, the impact of genetic evidence on punishment theory and sentencing, and genetic discrimination.This book will be of use to criminal and medical law students, along with academics, practitioners and policymakers interested in exploring the various criminal law issues in relation to genetics. It will also be of interest to criminal justice, philosophy, ethics, sociology and psychology students and academics looking explore the legal issues involved in such a topic.Trade Review'Genetics, Crime and Justice is a work of significance. This book enlightens its readers? ? to the debate revolving around human genetics and criminal justice, and provokes thought on? ?how to address the competing interests of society and the individual. Overall, the book presents? ?to its readers, those new to the field or its? ? followers, a comprehensive understanding of the role? ?of genetics in relation to criminality and the judicial system along with the myriad of issues?? surrounding them.?' -- Midhat Farzeen, ?International Social Science Review‘For a reader who is new to the area, Genetics, Crime and Justice provides a useful overview of the legal, ethical and social issues pertaining to the broad area encapsulated by the book. The reader who is familiar with some sections of the book’s scope will likely gain something of interest from the other connected topics Wilson considers. There is significant merit in such a work — one that brings together this diverse but thematically connected body of knowledge.’ -- Current Issues in Criminal JusticeTable of ContentsContents: Preface 1. Introduction, 2. History of Genetics and Criminal Justice, 3. Use of Genetics in Criminal Investigations 4. The “Criminal Gene”, 5. The “Criminal Gene” Argument in the Courts 6. The Impact of a ‘Criminal Gene’ Argument on Punishment Theory 7. Introduction to Ethical Issues 8. Concluding Thoughts Index
£100.00
Edward Elgar Publishing Ltd Coroners' Recommendations and the Promise of
Book SynopsisThis timely book is an investigation of the highly debated questions: do coroners' recommendations save lives and how often are they implemented? It is the first socio-legal investigation of coroners' recommendations from several countries. Based on an extensive study, it analyses Coroner's Court findings and litigation from Canada, England, Ireland, Australia and Scotland as well as over 2000 New Zealand coroners' recommendations and includes more than 100 interviews and over 40 surveys. The book probes coroners', organisations' and families' experiences of the Coroner's Court in detail and includes substantial quotations from, and discussion of, their experiences. The data analyzed demonstrates that while coronial recommendations can be useful tools for intervention and policy development, coroners' contribution to morbidity and mortality prevention at the population level requires further development. In addition to coroners, lawyers, health practitioners, families, organisations and policy makers, researchers from Law, Medicine and the Social Sciences will find this pioneering volume an important and illuminating resource.Contents: 1. Learning From Death 2. Coronial Jurisdictions 3. Coroners' Recommendations 4. Do Coroners' Recommendations ''Disappear Into A Black Hole?'' 5. The Promise Of Saved Lives: Coroners' Preventive Function 6. Mandatory Responses To Coroners' Recommendations 7. Dying For Change IndexTrade ReviewIn this well-constructed empirical study Moore provides insight on the contemporary role of coronial recommendations. This goes to the heart of the efficacy of the coroner's preventive function. She explores the gap between rhetoric and reality about the role of the coroner as the ombudsman for the dead. Moore's important work fills a serious knowledge gap about coroners' ancient role in advancing riders/recommendations and provides a basis for informed discussion about international coronial law reform and enhanced inquest practice. --Ian Freckelton QC, University of Melbourne and Monash University, AustraliaThis is a fascinating book for anyone interested in the work of coroners. They are often ignored by academics and politicians, but this book shows how coroners can have a crucial role in promoting public health and saving lives. This book could revolutionise the way the work of coroners is understood. --Jonathan Herring, University of Oxford, UKDr Moore's comprehensive book closes a gap in our knowledge about how coroners' recommendations are generated, presented, received and implemented. The research speaks valuable volumes about the relationship between coroners and the societies they serve. By situating the data within a global and historical context, this book covers everything that is essential to understanding coroners' systems. --Dr John D Rutherford, Director of Forensic Pathology, Northern Territory, AustraliaTable of ContentsContents: 1. Learning From Death 2. Coronial Jurisdictions 3. Coroners’ Recommendations 4. Do Coroners’ Recommendations “Disappear Into A Black Hole?” 5. The Promise Of Saved Lives: Coroners’ Preventive Function 6. Mandatory Responses To Coroners’ Recommendations 7. Dying For Change Index
£111.00
Edward Elgar Publishing Ltd The New Intellectual Property of Health: Beyond
Book SynopsisThis timely book provides the first legal and policy analysis of the intellectual property (IP) aspects of a rapidly-growing category of regulatory measures affecting the presentation and advertising of certain health-related goods. The key goods examined are tobacco, alcohol, food, and pharmaceuticals. Chapters focusing on both distinct policy areas and specific country examples serve to unearth the inherent tension emerging between these new measures as well as other categories of public health measures and IP regimes. This book discusses how to balance the legitimate interests of governments to promote human health and the protection and enforcement of IP rights. It also further explores how to amend IP regimes with a view to encouraging companies to produce and market healthier products.Comprehensive and engaging, this book will provide innovative research angles to academics and students in the areas of both health and IP law. Its wealth of examples and analytic style will also prove insightful to legal professionals who advise on issues related to IP and public health as well as policy makers, governments and NGOs.Contributors include: A. Alemanno, J. Blum, E. BonadioI, I. Calboli, I. Carreno, M. Chon, M. Davison, M. Elsmore, M.T. Fujiye, E. Laurenza, A. Marsoof, A. Mitchell, V. VadiTrade Review'A welcome and timely contribution to the increasingly heated debate in the crucial area at the intersection between intellectual property and public health. A must read for practitioners as well as for scholars.' --Marco Ricolfi, University of Turin, Italy'Enrico Bonadio and Alberto Alemanno have brought together a really stimulating and diverse collection of essays on the relationship between intellectual property and public health. The contributors deal effectively with a wide range of issues - from the conflict between trade mark rights and standardised packaging rules (for tobacco and for other products) to the potential manipulation of intellectual property systems to accommodate health goals.' --Jonathan Griffiths, Queen Mary University of London, UKTable of ContentsContents: Introduction: Setting the Scene Alberto Alemanno and Enrico Bonadio PART 1: LEGAL AND POLICY ISSUES 1. Unpacking plain packaging and other standardization requirements in the light of behavioural sciences Alberto Alemanno 2. On the nature of trademark rights: does trademark registration confer positive or negative rights? Enrico Bonadio 3. Trademarks, tobacco, health: brokerage by fundamental rights? Matthew J. Elsmore 4. Trademarks in the pharmaceutical sector: the dynamic between brands, proprietary names and labelling regulations Jeremy Blum 5. The interface between nutrition and health claims and EU trademark law Ignacio Carreño and Eugenia Costanza Laurenza PART II ADJUDICATING THE NEW INTELLECTUAL PROPERTY OF HEALTH 6. Plain packaging of tobacco products and the WTO challenge Mark Davison 7. Challenges in achieving public health objectives through product labelling regulation: reflections on Sri Lankan trademark and constitutional law Althaf Marsoof 8. Tobacco packaging measures affecting intellectual property protection under international investment law: the claims against Uruguay and Australia Andrew D. Mitchell 9. Leveraging certification marks for public health Valentina Vadi PART III REINVENTING THE INTELLECTUAL PROPERTY OF HEALTH 10. Leveraging Certification Marks for Public Health Margaret Chon with Maria Therese Fujiye 11. Terroir and public health: can geographical indications of origin promote ‘healthy’ products? Irene Calboli 12. Patents as a tool to encourage the production of healthier food Enrico Bonadio Index
£126.00
Edward Elgar Publishing Ltd EU Law of Competition and Trade in the
Book SynopsisThis book provides a systematic analysis of the law and practice of EU competition/antitrust law and trade regulation in the pharmaceutical sector. Authored by leading private practitioners, economists, scholars and high-profile competition enforcers, this work provides valuable insider knowledge on the application of competition law and policies to the pharmaceutical industry. Key features include: Extensive commentary on the legislation and the latest case law and administrative precedents in the pharmaceutical sector, at both EU and national level Coverage of various key developments including the recent pay-for-delay antitrust investigations, the perennial issues around parallel trade, and an examination of mergers among pharmaceutical companies and medical devices manufacturers In-depth analysis of topics commonly raised in the pharmaceutical sector including: pricing policies, IP life-cycle management, IP licensing and horizontal cooperation agreements Key economic and business perspectives to accompany legal analysis, providing the reader with a rounded view of the subject matter. This book will be a useful resource for lawyers and in-house counsel active in the pharmaceutical sector. The information and analysis provided will prepare readers to take on cases and drive the antitrust review of transactions and agreements within the industry. Researchers, economists and civil servants with an interest in competition law and trade regulation can also benefit from the practical insights provided therein.Trade Review'Impressive and comprehensive. Any practitioner, policy maker or corporate counsel with in an interest in the pharmaceutical industry will find in this book a full overview of the competition and trade issues facing the sector, both from a legal and economic perspective, and covering all the major economies in the world.' --Gunnar Niels, Oxera Consulting LLP, UKTable of ContentsContents: 1. Competition Law and Pharma: An Economic Perspective Benoît Durand 2. Reverse Payments: an EU and U.S. Perspective Frank Maier-Rigaud, Nathan Blalock and Oliver Gannon 3. Article 101 TFEU: Horizontal Cooperation Agreements in the Pharmaceutical Sector Soledad Blanco Thomas, Lilia Luchianov and Thomas Weck 4. The Competitive Assessment of IP Licensing Agreements in the Pharmaceutical Sector Pierre Moullet 5. Article 102 TFEU: Patent filings as an abuse of dominant position after “AstraZeneca”: the patent / antitrust interface under a new perspective Francisco Hernández 6. Mergers in the Pharmaceutical Sector Pablo Figueroa and Alejandro Guerrero 7. Mergers in the Medical Devices Sector Jan Heithecker 8. Antitrust Practices in Pharmaceutical Public Procurement Antonio Minho López 9. EU Trade Law and Pharmaceuticals Pascale Hecker 10. The Pharmaceutical Sector and Parallel Trade Edurne Navarro Varona and Cristina Caballero 11. Free Movement and Competition in the European Market for Pharmaceuticals Pedro Caro de Sousa 12. IP Law and Pharmaceuticals: Patents and Supplementary Protection Certificates in the Pharmaceutical Sector Rais Amils 13. The EU Regulatory Framework for Medical Products for Human Use Marc Martens and Nicolas Carbonnelle 14. Antitrust and the Pharmaceutical Industry in the United States George A. Hay 15. UK Competition and Trade in the Pharma Sector Paula Riedel 16. Competition law and Pharma: China Andrew Foster 17. Competition Law and Pharma: Spain Helmut Brokelmann and Mariarosaria Ganino 18. The Application of Competition Law in the Pharmaceutical Sector: Challenges for BRICS Maria Ioannidou and Ioannis Kokkoris 19. Product Hopping: The U.S. Approach Michael A. Carrier 20. Marketing data in the Pharmaceutical Sector: a competition law consideration Pedro Callol Index
£244.00
Edward Elgar Publishing Ltd Research Handbook on EU Health Law and Policy
Book SynopsisThe steady expansion of the European Union's involvement in health over the past 20 years has been accelerated by recent events. This Handbook offers an up-to-date analytical overview of the most important topics in EU health law and policy. It outlines, as far as possible, the direction of travel for each topic and suggests research agendas for the future. Split into five parts, this book brings together international, interdisciplinary contributions to consider the past, present and future of EU health law and policy. The changing membership of the EU could see dramatic changes for EU health law and policy: the contributors consider current developments in the light of past trajectories. The book covers key institutions; policies on people and products; health systems; public health; and the health implications of the EU's external trade policies and laws. Wide-ranging and accessible, this Handbook will appeal to academics and students focussing on EU health law or policy. It will also be of interest to lawyers and policy makers working in or with the EU as well as health managers and NGOs.Contributors include: A. Alemanno, O. Bartlett, L.E. Bishop, E. Brosset, A. de Ruijter, A. den Exter, G. Dussault, M.L. Flear, M. Frischhut, A. Garde, I. Goldner Lang, S.L Greer, M. Guy, T.K. Hervey, H. Jarman, M. Koivusalo, E. Kuhlmann, C. Larsen, A. Mahalatchimy, C.B. Maier, D.S Martinsen, J.V. McHale, N. Mijatovic, E. Pavolini, M. Pilgerstorfer, C. Rieder, C.S. Rusu, W. Sauter, T. Sokol, M.-I. Ungureanu, J.W. van de Gronden, C.A. YoungTrade Review'This book, with contributions from scholars across the Europe and up-to-the-minute coverage of Brexit and its implications, will prove indispensable to anyone interested in health law in the EU, be they within or without Europe.' --(Glenn Cohen, Harvard Law School)'This important new book offers a clear and informative guide to EU health law and policy, but it also does much more than that. The tensions at the heart of the EU's engagement with health are tackled head-on, as are the implications of the Eurozone crisis and Brexit. Through its 19 engaging and lively chapters, this is the best account to date of EU health law and policy's uncomfortable position at the intersection between the promotion of free trade, on the one hand, and public health, on the other.' --(Emily Jackson, London School of Economics, UK)Table of ContentsContents: Foreword Martin McKee Introduction Tamara K. Hervey, Calum Young and Louise E. Bishop Part I History, Scope, Institutions 1. The History and Scope of EU Health Law and Policy Mary Guy and Wolf Sauter 2. Governing EU Health Law and Policy – On Governance and Legislative Politics Dorte Sindbjerg Martinsen 3. Courts and EU Health Law and Policies Clemens M. Rieder 4. Fundamental Rights and EU Health Law and Policy Calum Alasdair Young Part II People and Products 5. EU Law, Policy and Health Professional Mobility Ellen Kuhlmann, Claudia B. Maier, Gilles Dussault, Christa Larsen, Emmanuele Pavolini and Marius-Ionuț Ungureanu 6. European Union Biomedical Research Law and Policy and Citizen Science Mark L. Flear 7. EU Law and Policy on Pharmaceuticals Marketing and Post-Market Control Including Product Liability Marcus Pilgerstorfer 8. EU Law and Policy on New Health Technologies Estelle Brosset and Aurélie Mahalatchimy 9. EU Law and Policy on Human Materials Jean V. McHale and Aurélie Mahalatchimy 10. eHealth Law: The Final Frontier? André den Exter Part III Systems 11. EU Competition Law and Policy and Health Systems Johan W. van de Gronden and Catalin S. Rusu 12. EU Health Law and Policy and the Eurozone Crisis Tomislav Sokol and Nikola Mijatović Part IV Public Health 13. EU Public Health Law and Policy – Communicable Diseases Markus Frischhut and Scott L. Greer 14. EU Public Health Law and Policy – Tobacco Alberto Alemanno 15. EU Public Health Law and Policy - On the Rocks? A Few Sobering Thoughts on the Growing EU Alcohol Problem Oliver Bartlett and Amandine Garde 16. Public Health in European Union Food Law Iris Goldner Lang Part V The External Dimension 17. Trade and Health in the European Union Holly Jarman and Meri Koivusalo 18. The EU’s (Emergent) Global Health Law and Policy Tamara K. Hervey Conclusions 19. The Impediment of Health Laws’ Values in the Constitutional Setting of the EU Anniek de Ruijter Index
£205.00
Edward Elgar Publishing Ltd Research Handbook on Socio-Legal Studies of
Book SynopsisThis timely Research Handbook offers significant insights into an understudied subject, bringing together a broad range of socio-legal studies of medicine to help answer complex and interdisciplinary questions about global health - a major challenge of our time. Interdisciplinary chapters explore both how the terrain of medicine can generate new questions about law, regulation and the state, and how the law intersects with health and medicine at every level. Bringing together leading international scholars, the Research Handbook assembles concrete case studies to suggest avenues for further research on socio-legal inquiries, such as the construction of disorders by law, the reparation of injuries, and how race and gender impact justice. The Research Handbook for Socio-Legal Studies of Medicine and Health will be an inspiring read for researchers, academics and graduate students in the fields of health law, socio-legal studies, and gender and sexuality. Contributors include: P. Arcidiácono, J. Barbot, L. Barrera, E. Bernheim, E. Brennan, B. Can, E. Chiarello, É. Cloatre, V. De Greef, N. Dodier, A. Doll, J. Edwards, A.-M. Farrell, J.A. Hamilton, R. Harding, J. Harrington, H.R. Hlavka, C.W.-L. Ho, K. Hoeyer, I. Iyioha, M.-A. Jacob, V. Karavas, A. Kirkland, J. Metzl, D. Moore, C. Morrill, L. Mulcahy, S. Mulla, T. Phillips, J. Piemonte, R. Singh, M. Suchman, M. Thomson, S. WestwoodTrade Review'Wide-ranging and thoughtfully curated, this collection demonstrates just how far the tentacles of healthcare and law extend into social life. Taken together, though, these chapters suggest that the epistemic reach of both law and medicine ultimately exceed their grasp, a conclusion that practitioners and scholars alike will both rue and applaud. With such provocative and carefully researched pieces, this volume is sure to foster a deep rethinking of socio-legal studies of medicine and health. --Carol A. Heimer, Northwestern University, US'Handbooks are often conceived to tie together already-established research fields. With the Research Handbook on Socio-Legal Studies of Medicine and Health, Anna Kirkland and Marie-Andreé Jacob have in fact inaugurated an important new field of study while generously acknowledging its diverse ancestries. I've always thought that STS should instead have been dubbed TLS (technoscience, law and society) whether in studies of health, climate change, migration, inequality or their interconnections. Through an empirically rich set of chapters, handbook contributors perceptively show how socio-legal problems (from femicide to alternative medicine, genetic ancestry testing and gun violence) in highly (bio)medicalized societies throughout the world are always historically and ethnographically situated. This Handbook will be of equal interest to legal scholars, anthropologists, sociologists, bioethicists, philosophers and STS scholars.' --Ayo Wahlberg, University of Copenhagen, Denmark'One of the strengths of socio-legal studies is to show how seemingly mundane and technical practices and artifacts, such as clinical protocols or bureaucratic procedures, shape social realities: how they include and exclude people, and redistribute duties and entitlements. This fantastic volume gives a flavour of the breath and diversity of this lively (inter-)discipline, and also pushes its boundaries into new topics and methodological terrains.' --Barbara Prainsack, University of Vienna, AustriaTable of ContentsContents: Preface Linda Mulcahy 1. Introduction Part I Beyond Healthcare 2. Trapped in limbo: effects of a medical perspective on the education of children with disabilities P. Arcidiácono and L. Barrera 3. Mental disorders and work V. De Greef 4. Challenging capacity: Shifting paradigms of intellectual disability across law, medicine and society R. Harding 5. Genetic Ancestry Tests: Materializing Race and Indigeneity Across Law, Medicine, and Society J.A. Hamilton Part II Ways In Through Terrains 6. Work, facts, and the textual organization of psychiatric involuntary psychiatric admission: Methodological insights from institutional ethnography A. Doll 7. Provincializing the clitoris J. Edwards and M. Thomson 8. The Bearable Lightness of Relationality: Actor-Network-Theory as a Mode of Comparative Law C.W.-L. Ho Part III Ways In Through Models 9. A multi-field logics approach to theorizing relationships between healthcare and criminal justice E. Chiarello and C. Morrill 10. Law and technology in healthcare organizations E. Brennan and M.C. Suchman 11. What role for the state in global health law? A nodal governance perspective from Kenya J. Harrington 12. Substantive Effectiveness, Women’s Health and the Limits of International Human Rights Law I.O. Iyioha Part IV The Meeting Point of Injury 13. Thinking forensically: Law, medicine and the nomos of sexual violence H.R. Hlavka and S. Mulla 14. Proof, probability and the plaintiff: epistemological challenges in the medico-legal field T. Phillips 15. The normative work of victims of medical injuries J. Barbot and N. Dodier 16. Bare death: femicide, forensics and the necropolitics of the corpse R. Singh and D. Moore 17. The (non)denial of torture, human rights and medical expertise B. Can Part V Ethical pluralisms 18. Doctors and global health security: What role for ethics and regulation? A.-M. Farrell 19. Ethics as a form of regulation in relation to data and bodily materials K. Hoeyer 20. Regulating at the boundaries of healthcare: the case of alternative and traditional medicine E. Cloatre 21. Biomedical collective labour: politics, sovereign subjects, and empowerment in biobank research V. Karavas, Vagias Part VI Health as Pretext 22. Justice, power and intersectionality: beyond psychiatry, the social issue in question E. Bernheim 23. Gun violence and mental health: Myths and strategies for socio-legal research J.L. Piemonte and J. Metzl 24. Older lesbian, gay and bisexual people: socio-legal perspectives on healthcare inequalities in later life S. Westwood Index
£212.00
Edward Elgar Publishing Ltd The Law and Policy of Healthcare Financing: An
Book SynopsisExamining the ways and extent to which systemic factors affect health outcomes with regard to quality, affordability and access to curative healthcare, this explorative book compares the relative merits of tax-funded Beveridge systems and insurance-based Bismarck systems. The Law and Policy of Healthcare Financing charts and compares healthcare system outcomes throughout 11 countries, from the UK to Colombia. Thematic chapters investigate the economic and legal explanations for the relevant similarities, variations and trends across the globe. Concluding that systemic factors may be less significant than previously believed, this comprehensive book notes that no one system consistently outperforms the others, yet incentives and funding improvements may lift performances across all curative healthcare systems. Analytical and comparative, this book will be of interest to academics working in the fields of health law and health economics. Public authorities including health ministries, policymakers and international health organisations will also find this to be an invaluable resource. Contributors include: F. Bachner, J. Bobek, J. Boertjens, P. Bogetoft, J.M. Burke, F. Dewallens, I. Durand-Zaleski, A. Geissler, C. Góngora Torres, M. Guy, T. Haanperä, J. Janus, S. Jerabkova, L. Lepuschütz, J. Lombard, M. Mikkers, G. O'Nolan, M.J. Perez-Villadoniga, H. Platou, K. Polin, W. Quentin, W. Sauter, V. Shestalova, K.H. Søvig, V. Stephani, A. van den Heever, J. van Manen, J. VermeulenTrade Review'How we pay for our healthcare systems is nothing short of a test of our success as communities and nations: healthcare preserves and promotes human dignity. The balance between rising demands and costs, access for all, and efficiency and quality is pursued in different ways. Studies like this - even though comparable data is scarce - help us see possible better ways forward. The editors have assembled an impressive team, and their comparative research design yields rich insights.' --Tamara Hervey, University of Sheffield, UK'Due to aging populations and technological advancements, countries are facing the challenge of improving healthcare quality, while maintaining access and containing cost. Focusing on the hospital sector, this book discusses how a variety of 11 countries try to meet this challenge. Specific attention is paid to the role of the regulatory framework, market structure, rationing and reimbursement methods. Although no best practice emerges, this book may be very useful for policymakers and anyone else interested in cross-country comparison.' --Frederik T. Schut, Erasmus University Rotterdam, the NetherlandsTable of ContentsContents: Introduction: healthcare financing – an international comparison of models and outcomes Jos Boertjens, Johan van Manen, Misja Mikkers and Wolf Sauter PART I THEMATIC CHAPTERS 1. Explaining America’s spendthrift healthcare system: the enduring effects of public regulation on private competition William M. Sage 2. Effective access to healthcare services abroad under the EU Directive on Cross-Border Patients’ Rights Jarleth M. Burke 3. A legal perspective on tax-based versus insurance-based healthcare systems: comparing England and the Netherlands Jos Boertjens and Mary Guy 4. A theoretical model of the determinants of waiting lists: an application to the Spanish national health system Ana Rodríguez-Álvarez and Maria J. Perez-Villadoniga 5. Financial incentives to change the healthcare landscape: a case study Josine Janus 6. Population-based financing: the future of healthcare? Peter Bogetoft, Misja Mikkers and Victoria Shestalova PART II COUNTRY REPORTS 7. Country report: Austria Julia Bobek, Lena Lepuschütz and Florian Bachner 8. Country report: Belgium Filip Dewallens and Julie Vermeulen 9. Country report: Czech Republic – hospital financing in the Czech Republic Silvie Jerabkova 10. Country report: Colombia – approach to healthcare financing in Colombia and its impact on quality, affordability and competition Catalina Góngora Torres 11. Country report: England Tuomas Haanperä 12. Country report: France Isabelle Durand-Zaleski and Johan van Manen 13. Country report: Germany Katherine Polin, Wilm Quentin, Victor Stephani and Alexander Geissler 14. Country report: Ireland John Lombard and Gerald O’Nolan 15. Country report: the Netherlands Johan van Manen 16. Country report: Norway Karl Harald Søvig and Harald Platou 17. Country report: South Africa Alex van den Heever Index
£140.00
Edward Elgar Publishing Ltd The Regulation of E-cigarettes: International,
Book Synopsis'The 20th century has been described as the century where governments allowed cigarettes to kill more than 100 million people (i.e. more than the first and second World Wars and the holocaust together). This excellent book is a timely study of the complex, regulatory challenges of e-cigarettes. The review of the scientific evidence relating to electronic cigarettes in Part I - and of international and European regulatory approaches in Part II - of this interdisciplinary, comparative study demonstrates the need for multilevel health governance with due regard to international human rights law, world trade law and health law. European health and risk regulations aim at respecting EU fundamental rights, EU constitutional law principles (e.g. precautionary, subsidiarity and proportionality principles) and legitimate ''constitutional pluralism'' in multilevel health governance. The case-studies of American and Chinese regulations of e-cigarettes in Part III of this book illustrate that ''Chinese state-capitalism'' (e.g. its denial of human rights and constitutional protection of citizens) and Anglo-American neo-liberalism (e.g. its frequent neglect of economic and social rights and international public goods) offer less comprehensive protection of citizen interests, as also confirmed by the current 'US-China trade wars'. Professor Gruszczynski's innovative book succeeds in demonstrating the complexity of ''ordo-liberal'' trade and health regulations of ''market failures'' and ''governance failures'' reconciling civil, political, economic, social and cultural rights and health risks.' - Ernst-Ulrich Petersmann, European University Institute, Italy Combining the insights of leading legal scholars and public health experts, this timely book provides up-to-date analysis of the various legal problems emerging at different levels of governance (international, European and national) in the context of the regulation of e-cigarettes. Expert contributors investigate the possible application of the precautionary and harm reduction principles in this area, examining the legal constraints imposed on states by international and European rules, as well as the regulatory approaches currently in place in selected national jurisdictions. This ground-breaking book offers an interdisciplinary approach to the topic, combining insights from medical, public health and legal perspectives. The Regulation of E-cigarettes will be essential reading for both legal and public health scholars and students. Providing a comprehensive and in-depth assessment of the regulatory solutions applied to e-cigarettes, it will also be a key resource for governmental officials, NGO's and public health advocates. Trade Review'E-cigarettes have radically complicated the landscape of public health aims, agendas, and strategies, especially given the context of the tobacco endgame. They bring multiple layers of scientific, as well as political and regulatory, complexity and disagreement. This carefully-curated volume brings competing voices and perspectives, and at once highlights a crucial variety of considerations at the core of agendas to promote governance for health, and underscores the challenges we find in reason and reasoning within an environment of polarisation and uncertainty.' --John Coggon, University of Bristol, UK'This unique book addresses one of the most important challenges facing the tobacco control community today. Should regulators treat e-cigarettes as a public health threat or rather as a chance to fully eradicate the tobacco epidemic? Gruszczynski's interdisciplinary volume provides a much-needed map that can help answer this question.' --Witold Zatonski, Health Promotion Foundation, Poland'This is a fascinating collection of chapters on the regulation of an uncertain, ambiguous and controversial topic. I highly recommend it to anyone interested in the multitude of perspectives on the topic of e-cigarettes and the law. The volume contains contributions from both advocates of more lenient regimes and contributions propagating a stricter regulation. In addition, it contains chapters from different regions, from the global level as well as from different legal fields.' --Wouter Werner, Vrije Universiteit Amsterdam, the Netherlands and University of Curacao, CuracaoTable of ContentsContents: 1. Introduction: Regulating e-cigarettes in the face of uncertainty Lukasz Gruszczynski Part I Science, regulation and e-cigarettes 2. Divide and conquer? E-cigarettes as a disruptive technology in the history of tobacco control Mateusz Zatoński and Allan M. Brandt 3. Review of the scientific evidence relating to electronic cigarettes: Where do we stand now? Charlie A. Smith, Aleksandra Herbeć and Lion Shahab Part II International and European law perspectives 4. Taming the Schrödinger cat: E-cigarettes under the Framework Convention on Tobacco Control Lukasz Gruszczynski 5. A human rights approach to the regulation of electronic cigarettes Marie Elske C. Gispen and Jacquelyn D. Veraldi 6. A ban on Electronic Nicotine Delivery Systems: Step one into the WTO discrimination analysis Marina Foltea and Bryan Mercurio 7. Regulating e-cigarettes at the EU level Anna Pudło and Lukasz Gruszczynski 8. Vaping and the precautionary principle in EU law Giancarlo A. Ferro and Costanza Nicolosi Part III National law perspectives 9. E-cigarette regulation in Taiwan and China Chuan-Feng Wu, Ching-Fu Lin and Mao-Wei Lo 10. Regulation of e-cigarettes in US law Patricia I. Kovacevic 11. One does not simply sell e-cigarettes in Australia: An overview of Australian e-cigarette regulations Coral Gartner and Marilyn Bromberg Index
£111.00
Edward Elgar Publishing Ltd Technology, Innovation and Healthcare: An
Book SynopsisThis timely book emphasizes the importance of regulation in enabling and channelling innovation at a time when technology is increasingly embedded in healthcare. It considers the adequacy of current regulatory approaches, identifying apparent gaps, risks and liabilities, and discusses how these might be collectively addressed. The authors present possible solutions that balance the protection and promotion of public trust in healthcare against enabling technological progress and disruptive innovation.Offering both a theoretical and practical approach to challenges at the intersection of healthcare, law and technology, this thought-provoking book explores broad questions of regulation and innovation before analysing contextual applications of these topics. It moves from a wide-ranging consideration of the polycentric and changing nature of health regulation through to a more specific examination of topics including patient consent, the role of device representatives, privacy, artificial intelligence and big data.Providing an international perspective, Technology, Innovation and Healthcare will be a valuable resource for scholars and students of health law, innovation, technology law, law and development and law and society. It will also be of benefit to lawyers, healthcare professionals, technology developers and policy makers, seeking to better integrate technology with healthcare.Trade Review‘The authors summarize the challenges to managing technology in health care, explain how technology impacts care, and offer some exciting and innovative solutions. This is an interesting read for anyone contemplating a career in health care and those already in the field. Many current issues that impact everyday practice, such as data storage, patient privacy, beneficence, fair access to health care, patient autonomy, and professionalism and qualifications of health care providers, are explored. The text includes an excellent discussion of the advantages and disadvantages of technology for health care and addresses the regulations that guide innovative technology use so that laws protect both patients and providers. The role of regulations, national and international, is explained with equal attention to theory and practical rationale. In addition to its appeal for readers preparing for careers in health care, the book will interest policy makers and health care consumers. The text includes an excellent discussion of the advantages and disadvantages of technology for health care and health care consumers. The comprehensive chapter bibliographies will support any reader in delving into more detail as desired. Summing Up: Recommended. All readers.’ -- S C Grossman, CHOICE‘This is an excellent analysis of the relationship between law, innovation, technology, medicine and regulation. The book deals with both generalities at the beginning, then more specific issues – such as AI and data – that are both important now and will become even more so in the future. I can highly recommend it.’ -- José Miola, University of Leeds, UKTable of ContentsContents: PART I SETTING THE SCENE 1. Introduction to Technology, Innovation and Healthcare 2. The essence of innovation PART II INNOVATION AND THE PATIENT 3. Engaging with the voices in the regulatory enterprise in healthcare 4. Consent and innovation – embracing the unknown and empowering the patient 5. The role of medical device representatives in healthcare PART III INNOVATION AS THE FUTURE OF HEALTHCARE 6. When the treatment team involves non-humans: questions of responsibility 7. What does privacy mean in an era of big data? 8. Algorithms, trust and the use of big data in healthcare decisions Final thoughts Bibliography Index
£90.76
Edward Elgar Publishing Ltd Informed Consent and Health: A Global Analysis
Book SynopsisInformed consent is the legal instrument that purports to protect an individual's autonomy and defends against medical arbitrariness. Informed Consent and Health highlights that possession of complete information about all relevant aspects of a proposed treatment is integral to the ability of a patient to make an informed choice. With patient choice at both legislative and judicial levels rising to greater levels of prominence, this timely book examines how the tensions between the rights of patients to make choices and the duties of doctors to provide health care are managed. This illuminating book investigates our evolving understanding of informed consent from a range of comparative and international perspectives, demonstrating the diversity of its interpretations around the world. Chapters offer a nuanced analysis of the problems that impede the understanding and implementation of the concept of informed consent and explore the contemporary challenges that continue to hinder both the patient and the medical community. Containing an in-depth discussion on this fundamental right, this thought-provoking book will be of value to academics and practitioners alike. Providing fascinating insight into new solutions and interpretations, this book will also prove a key resource for clinicians and health care workers. Contributors include: B. Buchner, S.C. Chima, I. Freckelton, R. Fretwell Wilson, N. Glover-Thomas, M. Hartlev, Y. Joly, V.G. Mammadov, G. Marrocco, Y.V. Pavlova, M. Pinkesz, S.I. Pospelova, V.L. Raposo, Y.D. Sergeyev, T. Vansweevelt, M.H. ZawatiTrade Review'Vansweevelt and Glover-Thomas have succeeded in providing a comprehensive picture of the principle of informed consent. This volume shows that despite many different levels of detail, and different interpretations, most countries have rooted the principle of informed consent within their national legislation.' --André den Exter, Erasmus University Rotterdam, the Netherlands'Consent to health care and treatment is a cornerstone of ethical medical practice and any exceptions must be carefully justified. But what exactly is informed consent? This timely book will be of invaluable assistance to practitioners, students and researchers from a range of disciplines, who are interested in understanding what the doctrine of informed consent means across countries with diverse legal systems. This book provides a useful, comparative overview of the scope, interpretation and practical application of informed consent with a view to informing the development of this important doctrine.' --Bernadette McSherry, University of Melbourne, AustraliaTable of ContentsContents: Foreword by Thomas Noguchi ix 1 A general introduction 1 Thierry Vansweevelt and Nicola Glover-Thomas PART I JURISDICTION FROM THE COMMON LAW 2 Informed consent: the Australian perspective 6 Ian Freckelton QC 3 Re-examining the Canadian law of informed consent to medical treatment in the age of informatics 32 Miriam Pinkesz, Gabriel Marrocco, Yann Joly, Ma’n H. Zawati 4 Informed consent: the UK perspective 74 Nicola Glover-Thomas 5 A critique of informed consent in the United States 101 Robin Fretwell Wilson PART II JURISDICTIONS FROM CIVIL LAW 6 Informed consent in Belgium and France 124 Thierry Vansweevelt 7 Informed consent in China and Macao 144 Vera Lúcia Raposo 8 Informed consent in the Nordic countries 163 Mette Hartlev 9 Informed consent in South Africa: a legal, ethical and cross-cultural perspective 183 Sylvester C. Chima PART III JURISDICTIONS IN WHICH THE PRINCIPLE OF INFORMED CONSENT IS ADOPTED IN THE CONSTITUTION 10 Informed consent in Germany 216 Benedikt Buchner 11 Legal regulation of voluntary informed consent in Russia 235 Svetlana I. Pospelova, Yulia V. Pavlova, Yuriy D. Sergeyev, Vugar G. Mammadov 12 Comparative conclusions: towards a global vision of informed consent? 256 Thierry Vansweevelt and Nicola Glover-Thomas Index 271
£109.00
Edward Elgar Publishing Ltd Counterfeit and Falsified Medicines in the EU: A
Book SynopsisThis timely book investigates the issue of counterfeit and falsified medicines (CFM) in the EU, identifying that this is a problem that lies at the intersection of three spheres of law - medicine, intellectual property (IP), and criminal law. The book highlights key issues such as infiltration of the legal supply chain and the involvement of organised crime, analysing relevant EU law and demonstrating the challenges of CFM.Using examples from several case studies, Vishv Priya Kohli reveals the gaps in the current legal framework, underlining the particular difficulties created by the interplay between different areas of law as well as the lack of criminal penalties. The author explores areas where improvements have already been made, in particular through the Falsified Medicines Directive, and articulates a number of recommendations to fill in the gaps, for example by harmonizing criminal law and building synergies within law enforcement.Counterfeit and Falsified Medicines in the EU will be of great interest to academics and students in IP, health and medical law, and criminal law in the EU. It will also prove valuable for practitioners and policymakers working in and with enforcement authorities in the EU, as well as those working in the medical field itself.Trade Review‘The problem of counterfeit medicines, while having its political, economic, medical and social dimension, is also a legal problem. This work is a study of the legal side of counterfeiting from the EU perspective. It provides a comprehensive analysis of the current EU regulatory framework, including medical law, IP law and criminal law. In addition to that, the book also offers detailed case studies of some of the most exciting counterfeiting examples explaining how they were dealt with. A timely and useful work.’ -- Andrej Savin, Copenhagen Business School, DenmarkTable of ContentsContents: Preface 1. Introduction to counterfeit and falsified medicines 2. Counterfeit and falsified medicines – case studies 3. Medicines law – an analysis of the Falsified Medicines Directive 4. IP law – an analysis of the Enforcement Directive and the Customs Regulation 5. Criminal law and counterfeit and falsified medicines 6. Conclusion and recommendations Index
£80.00
Edward Elgar Publishing Ltd The Human Right to Health: Solidarity in the Era
Book SynopsisThis timely book offers a fresh perspective on how to effectively address the issue of unequal access to healthcare. It analyses the human right to health from the underexplored legal principle of solidarity, proposing a new understanding of the positive obligations inherent in the right to health.Combining human rights law, public health and social theory, Eduardo Arenas Catalán demonstrates that when interpreted in line with the principle of solidarity, the right to health should be viewed as a non-commercial right. Arenas Catalán argues that the right to health's functions are to challenge the commodification of healthcare and to advance free-of-charge public healthcare services. Moreover, through a critical analysis of classical jurisprudence concerning the right to health, the book delivers a searing indictment of the effects of neoliberal capitalism and commercialization on human rights.This thought-provoking book will be of interest to scholars and students of law, in particular international human rights law, public international law and legal theory, as well as social and public health researchers and students. Policy makers and legal practitioners will also find its original analysis of solidarity in the context of human rights and the law useful.Trade Review'In this compelling study of the human right to health, Eduardo Arenas Catalán moves beyond a common focus on access to care enforced by judges, indicting failures to challenge commercialization of life itself in our time. The results convincingly situate extant doctrine and jurisprudence, whether from international law and national settings, within an ambitious agenda of making social rights more genuinely solidaristic.' -- Samuel Moyn, Yale University, USTable of ContentsContents: Preface 1. Human rights and commercialization 2. The predominant interpretation of the right to health 3. Solidarity and health 4. The right to health as a social right 5. The adjudication of the right to health 6. Solidarity and the right to health: provision and financing of healthcare 7. Conclusions Bibliography Index
£88.00
Edward Elgar Publishing Ltd Advanced Introduction to Mental Health Law
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Written by esteemed legal scholar Michael L. Perlin, this indispensable Advanced Introduction examines the long-standing but ever-dynamic relationship between law and mental health. The author discusses and contextualises how the law, primarily in the United States but also in other countries, treats mental health, intellectual disabilities, and mental incapacity, giving examples of how issues such as the rights of patients, the death penalty and the insanity defense permeate constitutional, civil, and criminal matters, and indeed the general practice of law.Key features include: unpacks key US Supreme Court decisions to focus on the issues that have been most significant in the development of the field explains the distortion of this area of law by biased and stereotypical social attitudes including sanism examines lesser-known cases that illuminate judicial attitudes, helping readers to better understand likely future developments in mental health law. Offering an insightful introduction to this field, the Advanced Introduction to Mental Health Law is an invaluable resource for students and newly qualified lawyers, and will appeal not only to those looking to understand the law in the United States, but how this contributes to the development of the field as a whole.Trade Review’Michael Perlin is widely acknowledged as one of the leading voices in mental disability law, with an unequalled breadth of understanding. That breadth is on full display in his latest book, which spans civil and criminal law, as well as international law. Perlin’s unique lens on the theory and practice of mental health law is on full display in this work, which powerfully summarizes a lifetime of work in the field of mental health law.’ -- - Susan Stefan, Committee for Public Counsel Service, Massachusetts, US’Michael Perlin has authored a(nother) remarkable text. This Advanced Introduction to Mental Health Law presents a fresh, engaging overview of mental disability law, with detailed coverage of a range of issues relevant to mental disability as it pertains to civil and criminal law, and set within the context of relevant case law and insightful commentary. This book is an excellent resource for anyone involved at the interface of mental health and legal systems, from graduate students learning about law and mental health to advanced practitioners responsible for maintaining competent practice.’ -- - Patricia A. Zapf, Ph.D, Palo Alto University, US’Nobody knows more about mental health law than Michael Perlin, and Advanced Introduction to Mental Health Law is his magnum opus. His other books may be more comprehensive, but this book covers complicated topics with astonishing clarity. This book is a must read for attorneys, forensic psychologists and psychiatrists, judges, and people with lived experience who routinely deal with mental disabilities in legal contexts.’ -- - Joel A. Dvoskin, Ph.D., ABPP (Forensic), University of Arizona, College of Medicine, US’This book is a professor’s dream, packaging the vast subject of mental health law into the most-user-friendly companion. Called an “Advanced Introduction” it is both, as Professor Perlin’s masterly synthesis is a reference work for both teachers and students of mental health law. The inclusion of history, case law, and therapeutic jurisprudence puts his brilliance on display. The text is easily accessible and the references provide a roadmap to the universe of the intersection of law and mental health.’ -- - Kenneth J. Weiss, University of Pennsylvania, US’Michael L. Perlin’s excellent book, Advanced Introduction to Mental Health Law, is aptly named - not because it is difficult, but because it is usefully thorough. In its chapter on the right to counsel in civil commitment proceedings, for example, Perlin details the various ways state statutes provide for counsel and whether they are silent or detailed on the specific roles expected of lawyers.Perlin also looks at mental health law through various “filters” that have been detrimental to the administration of the law - such as “sanism” and pretextual decision-making. In response, Perlin’s work is driven by a positive filter: the “potentially redemptive significance of the school of thought known as therapeutic jurisprudence.” This is a wonderful achievement.’ -- David B. Wexler, University of Puerto Rico and University of Arizona, US’Professor Michael L. Perlin’s modestly titled Advanced Introduction to Mental Health Law provides the royal road for mental health clinicians and attorneys in all stages of experience, from neophyte to expert to travel ethically and effectively through the otherwise foreboding dark woods of civil and mental health disability law. Whether a student or an experienced practitioner, each chapter enlightens and encourages a deeper yet ever more practical understanding. Perlin’s readable, reasonable style is lyrical and lawyerly, all the more apt for a field where one feels with apologies to Bob Dylan, “there is something happening here” alongside “Oh my G-d, am I all alone”.Inspired by Professor Perlin’s vital contributions to mental health law over the decades to such questions as what is the line between “sanity” and “sanism” the book is both timeless and timely and of both very special and very general interest.’ -- - Harold J. Bursztajn, Harvard Medical School, USTable of ContentsContents: 1. Introduction to the Advanced Introduction to Mental Health Law 2. Some jurisprudential filters 3. Counsel and judges 4. Civil commitment law 5. Institutional rights 6. Rights of persons with mental disabilities in community settings 7. Between civil and criminal mental disability law 8. Criminal incompetencies 9. The insanity defense 10. Access to experts, sentencing, and correctional treatment issues 11. The death penalty Bibliography Index
£98.67
Edward Elgar Publishing Ltd Advanced Introduction to Mental Health Law
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Written by esteemed legal scholar Michael L. Perlin, this indispensable Advanced Introduction examines the long-standing but ever-dynamic relationship between law and mental health. The author discusses and contextualises how the law, primarily in the United States but also in other countries, treats mental health, intellectual disabilities, and mental incapacity, giving examples of how issues such as the rights of patients, the death penalty and the insanity defense permeate constitutional, civil, and criminal matters, and indeed the general practice of law.Key features include: unpacks key US Supreme Court decisions to focus on the issues that have been most significant in the development of the field explains the distortion of this area of law by biased and stereotypical social attitudes including sanism examines lesser-known cases that illuminate judicial attitudes, helping readers to better understand likely future developments in mental health law. Offering an insightful introduction to this field, the Advanced Introduction to Mental Health Law is an invaluable resource for students and newly qualified lawyers, and will appeal not only to those looking to understand the law in the United States, but how this contributes to the development of the field as a whole.Trade Review’Michael Perlin is widely acknowledged as one of the leading voices in mental disability law, with an unequalled breadth of understanding. That breadth is on full display in his latest book, which spans civil and criminal law, as well as international law. Perlin’s unique lens on the theory and practice of mental health law is on full display in this work, which powerfully summarizes a lifetime of work in the field of mental health law.’ -- - Susan Stefan, Committee for Public Counsel Service, Massachusetts, US’Michael Perlin has authored a(nother) remarkable text. This Advanced Introduction to Mental Health Law presents a fresh, engaging overview of mental disability law, with detailed coverage of a range of issues relevant to mental disability as it pertains to civil and criminal law, and set within the context of relevant case law and insightful commentary. This book is an excellent resource for anyone involved at the interface of mental health and legal systems, from graduate students learning about law and mental health to advanced practitioners responsible for maintaining competent practice.’ -- - Patricia A. Zapf, Ph.D, Palo Alto University, US’Nobody knows more about mental health law than Michael Perlin, and Advanced Introduction to Mental Health Law is his magnum opus. His other books may be more comprehensive, but this book covers complicated topics with astonishing clarity. This book is a must read for attorneys, forensic psychologists and psychiatrists, judges, and people with lived experience who routinely deal with mental disabilities in legal contexts.’ -- - Joel A. Dvoskin, Ph.D., ABPP (Forensic), University of Arizona, College of Medicine, US’This book is a professor’s dream, packaging the vast subject of mental health law into the most-user-friendly companion. Called an “Advanced Introduction” it is both, as Professor Perlin’s masterly synthesis is a reference work for both teachers and students of mental health law. The inclusion of history, case law, and therapeutic jurisprudence puts his brilliance on display. The text is easily accessible and the references provide a roadmap to the universe of the intersection of law and mental health.’ -- - Kenneth J. Weiss, University of Pennsylvania, US’Michael L. Perlin’s excellent book, Advanced Introduction to Mental Health Law, is aptly named - not because it is difficult, but because it is usefully thorough. In its chapter on the right to counsel in civil commitment proceedings, for example, Perlin details the various ways state statutes provide for counsel and whether they are silent or detailed on the specific roles expected of lawyers.Perlin also looks at mental health law through various “filters” that have been detrimental to the administration of the law - such as “sanism” and pretextual decision-making. In response, Perlin’s work is driven by a positive filter: the “potentially redemptive significance of the school of thought known as therapeutic jurisprudence.” This is a wonderful achievement.’ -- David B. Wexler, University of Puerto Rico and University of Arizona, US’Professor Michael L. Perlin’s modestly titled Advanced Introduction to Mental Health Law provides the royal road for mental health clinicians and attorneys in all stages of experience, from neophyte to expert to travel ethically and effectively through the otherwise foreboding dark woods of civil and mental health disability law. Whether a student or an experienced practitioner, each chapter enlightens and encourages a deeper yet ever more practical understanding. Perlin’s readable, reasonable style is lyrical and lawyerly, all the more apt for a field where one feels with apologies to Bob Dylan, “there is something happening here” alongside “Oh my G-d, am I all alone”.Inspired by Professor Perlin’s vital contributions to mental health law over the decades to such questions as what is the line between “sanity” and “sanism” the book is both timeless and timely and of both very special and very general interest.’ -- - Harold J. Bursztajn, Harvard Medical School, USTable of ContentsContents: 1. Introduction to the Advanced Introduction to Mental Health Law 2. Some jurisprudential filters 3. Counsel and judges 4. Civil commitment law 5. Institutional rights 6. Rights of persons with mental disabilities in community settings 7. Between civil and criminal mental disability law 8. Criminal incompetencies 9. The insanity defense 10. Access to experts, sentencing, and correctional treatment issues 11. The death penalty Bibliography Index
£22.95
Edward Elgar Publishing Ltd The Commercialization of Pharmaceutical Patents
Book SynopsisPresenting detailed analysis of the industrialization and commercialization of pharmaceutical patents in China, this timely book explores a range of related topics including a comparison of the ideal and existing state of the pharmaceutical market and patent industrialization. It argues that the core purpose of the industrialization of pharmaceutical patents is to promote the development of the local pharmaceutical industry whist also protecting society's right to safe and effective medication.Chapters examine the special application issues of patent law in relation to the field of pharmaceuticals, compare the Chinese and American legal systems and their approach to pharmaceutical patents, and provide in depth political and legal analysis of the industry. James Hou suggests methods by which the Chinese legal system can seek to improve its governance of pharmaceutical patents and balance the conflicts of interest arising between new drug developers, established drug manufacturers and the end users.Featuring comprehensive coverage of patents in the Chinese pharmaceutical industry, this book will be a key resource for scholars and students of commercial, pharmaceutical and intellectual property law, whilst also being of interest to industry talents discovering the potential of their own innovations.Table of ContentsContents: Forward Preface Introduction 1. On the importance of patents in pharmaceutical industry development 2. Pharmaceutical markets and patents: Idealized, and in practice 3. Comparison of Chinese and American legal systems on pharmaceutical patents 4. Patent law issues unique to pharmaceuticals 5. Improvement of China’s pharmaceutical patent system 6. Law and policy analysis of China’s pharmaceutical patent industrialization 7. Conclusion
£106.58
Edward Elgar Publishing Ltd Clinical Guidelines and the Law of Medical
Book SynopsisThis book critically considers the dynamic relationship between clinical guidelines and medical negligence litigation, arguing that a balance must be struck between blinkered reliance on guidelines and casual disregard. It explores connections between academic law and professional practice, bringing together an array of perspectives which reveal that although guidelines may not be dispositive, they nonetheless play an important role in medical negligence law.The chapters provide compelling insights from academics, lawyers, barristers, doctors and healthcare professionals into the use of guidelines in determining the legal standard for breach of duty, thereby contributing to a holistic understanding of guideline usage in this area of law. Sociological considerations along with empirical findings are used to underpin these concepts. While focusing on the UK, contributors draw upon international law including that from the United States, South Africa, the Netherlands and other countries. Based on this analysis the conclusion offers a theoretical framework for practical application illustrated by a case-based discourse.This book makes a significant contribution to the knowledge base in the subject area. It is an essential read for legal academics and lawyers working in medical and health law, as well as for doctors and other healthcare professionals. It will be a key reference point for medical regulators, health organisation policymakers and clinical governance teams.Trade Review‘The most detailed and rich consideration of the legal status of national and local clinical guidelines available. The volume tackles fundamental legal and ethical questions, concerning the role of healthcare instruments which claim a basis in robust development processes and scientific data: do guidelines legitimately underpin ‘guidance’ or ‘instructions’; how do - and should - they influence courts, in differing jurisdictions, when deciding legal standards of care; and what are the legal implications of practitioners’ adhering to, or departing from, clinical guidelines? In keeping with a governance tool that has ramified throughout the medical world, the editors, Jo and Ash Samanta, recognise the extraordinary global reach of guidelines and have assembled an array of international scholars and legal and medical analysts, to critically interrogate this trans-national legal nexus. Teeming with analysis of the key legal principles and cases, this collection offers the most expansive and authoritative treatment of the subject.’ -- Brian Hurwitz, King’s College London, UK'This is a timely collection, written by experts in the field, that provides real insight into legal and ethical issues around clinical guidelines and the law of negligence. The book succeeds in its aim of bringing together different perspectives to create an overview where previously there were discrete and narrow silos of research. I can thoroughly recommend it.' -- Jose Miola, University of Leeds, UKTable of ContentsContents: Foreword x Preface xii Introduction: clinical guidelines and the law of medical negligence 1 Ash Samanta and Jo Samanta 1 The early usage of clinical guidelines in medical negligence litigation: an Anglo-American perspective 12 Ash Samanta and Jo Samanta 2 Reliance on clinical guidelines in contemporary negligence litigation in the UK: influential or determinative? 52 Rob Heywood 3 Medical guidelines in South African courts: exploring their role in medical negligence matters 80 Camilla Pickles 4 Fitness to practice tribunals in the UK and the Netherlands: the construction of (para)medical competence and the use of evidence-based guidelines 112 Friso Johannes Jansen 5 The interface between clinical guidelines and health care ethics 143 Marwan Habiba 6 A barrister’s experience of the use of clinical guidelines in clinical negligence litigation 175 Pritesh Rathod 7 The role of guidelines and protocols in clinical negligence litigation: a solicitor’s viewpoint 199 Laurence Vick 8 Evidence-based medicine, clinical guidelines, trustworthiness and safe care in anaesthetics 228 Rebecca Parrott and Debashish Dutta 9 Clinical guidelines in trauma and orthopaedic surgery 252 Simon Britten 10 A global perspective of the use of clinical guidelines in medical negligence litigation 281 Jo Samanta and Ash Samanta Conclusion: clinical guidelines and the law of medical negligence 322 Ash Samanta and Jo Samanta Index 341
£131.00
Edward Elgar Publishing Ltd Local Maladies, Global Remedies: Reclaiming the
Book SynopsisThis forward-looking book provides an in-depth analysis of the major transformations of the right to health in Latin America over the past decades, marked by the turn towards the pharmaceuticalisation of health care. Everaldo Lamprea-Montealegre investigates how health-based litigation has deepened inequalities in the global South, exploring the practices of key actors that are reclaiming the right to health in the region. Taking a deep dive into the health care systems of Brazil and Colombia, Local Maladies, Global Remedies illustrates how transnational pharmaceutical companies are influencing the litigation of health rights, from moulding doctors’ preferences for branded drugs to controlling the availability of cheaper generics and bio-similars. The book deploys a wide range of theoretical perspectives and insights from socio-legal literature to map out the practices of stakeholders that are reclaiming the right to health in Latin America. Its concluding remarks propose a set of remedies to help alleviate the challenges faced by global South countries when trying to guarantee their population’s right to health, ultimately calling for a major shift of decision-making responsibilities from a local to a global level. The wide-ranging, interdisciplinary scope of this cutting-edge book will benefit scholars, practitioners, policymakers, and students operating at the intersections between socio-legal studies, sociology, health anthropology, public health, globalisation, and human rights.Trade Review‘Everaldo Lamprea’s book Local Maladies, Global Remedies: Reclaiming the Right to Health in Latin America is an important and insightful contribution to the literature on the right to health. The book documents the background to the crisis caused by the pharmaceutization of the right to health in Colombia and Brazil and the resulting litigation epidemics in those countries. Significantly the book shows the limitations of an individualized approach to the right to health and to make the right to health more appropriate in the pandemic context calls for supplementing the conceptualization of the right to health with a polycentric regime or responsibilities incorporating a wide array of interconnected stakeholders and mediating institutions.’ -- Audrey R. Chapman, University of Connecticut, US‘The book Local Maladies, Global Remedies: Reclaiming the Right to Health in Latin America by Everaldo Lamprea-Montealegre presents a fascinating analysis of the current problems and paradoxes regarding right to health access in the global South. The sophisticated framework proposed to interpret these problems and paradoxes (what the author calls the political economy of the right to health) meticulously unpacks an array of actors and interests present in right to health cases, particularly in the cases of Colombia and Brazil. As such, it provides a crucial contribution for policy makers, researchers, and public health academics.’ -- Helena Alviar García, Sciences Po École de droit, FranceTable of ContentsContents: The right to health in action: an introduction PART I THE TRANSFORMATIONS OF THE RIGHT TO HEALTH 1. The elusive search for the minimum core of the right to health 2. The political economy of the right to health: a terrain for contestation 3. The judicialization of health care in the Global South PART II LOCAL MALADIES: THE EPIDEMIC OF THE RIGHT TO HEALTH IN BRAZIL AND COLOMBIA 4. Health system reform and the rise of litigiousness in Brazil and Colombia 5. The HIV/AIDS pandemic and the plight of vulnerable patients: understanding the first wave of litigiousness in Brazil and Colombia (1990–2000) 6. Riding a second wave (2000–2020): the downstream approach and the rise of “high-cost patients” 7. A case study of patients’ organizations: between good causes and hidden clients 8. Stopping a litigation epidemic: lessons from Colombia and Brazil’s highest courts The promise of the right to health, and why we have to keep it: closing reflections Bibliography Index
£88.00
