Medical Ethics and Law
A curriculum for the 21st Century
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This short textbook of ethics and law is aimed at doctors in training and in practice. Medical ethics and law are now firmly embedded in the curricula of medical schools. The ability to make clinical decisions on the basis of critical reasoning is a skill that is rightly presumed as necessary in today's doctors. Medical decisions involve not only scientific understanding but also ethical values and legal analysis. The belief that it is ethically right to act in one way rather than another should be based on good reasons: it is not enough to follow what doctors have always done, nor what experienced doctors now do. The third edition has been revised and updated to reflect changes in the core curriculum for students, developments in the law as well as advances in medicine and technology. It includes a new ‘extensions’ section, providing an outline of important developing areas in medical ethics.
Key Features
- The first part of the book covers the foundations of ethics and law in the context of medicine.
- The second part covers specific core topics that are essential for health professionals to understand.
- The third section of the book includes new chapters on cutting edge topics that will be crucial for the doctors and health professionals of tomorrow.
Table of Contents
- Cover image
- Title Page
- Table of Contents
- Copyright
- List of Cases
- Chapter 1
- Chapter 2
- Chapter 3
- Chapter 4
- Chapter 5
- Chapter 6
- Chapter 7
- Chapter 8
- Chapter 9
- Chapter 10
- Chapter 11
- Chapter 12
- Chapter 13
- Chapter 14
- Chapter 15
- Chapter 16
- Chapter 17
- Chapter 18
- Chapter 19
- Chapter 20
- Preface to the third edition
- Acknowledgements
- Part 1 Foundations
- Introduction
- 1 Reasoning about ethics
- Scientific Reasoning in Clinical Medicine
- Ethical Reasoning in Clinical Medicine
- The Fact-Value Distinction
- Scepticism About Ethics
- The Role of Emotion in Moral Argument
- Reflective Equilibrium With Dialogue
- Tools of Ethical Reasoning
- The Slippery Slope Argument
- Revision Questions
- References
- 2 Ethical theories and perspectives
- The Role of Ethical Theory
- Consequentialism
- Deontological Moral Theories
- Virtue Ethics
- Perspectives
- Revision Questions
- References
- Further Reading: Ethical Theory
- 3 Three core concepts in medical ethics
- Best Interests
- Autonomy
- Rights
- Revision Questions
- References
- 4 An introduction to law
- The Main Types of Law
- The Tort of Negligence
- Trespass to the Person
- European Courts and the Human Rights Act 1998
- Understanding Legal References and Reports
- Revision Questions
- References
- 5 Doctors and patients
- The Doctor–Patient Relationship
- Responsibilities of Doctors
- Responsibilities of Patients
- Revision Questions
- References
- Further Reading on Conscientious Objection
- Part 2 Core Topics
- Introduction
- 6 Consent
- Introduction
- The Concept of Informed Consent
- Overview of the Law on Consent
- Revision Questions
- References
- 7 Capacity
- Does the Patient Lack Capacity?
- Making Decisions for People Who Lack Capacity
- The Legal Approach to Adults Who Lack Capacity
- Revision Questions
- Refereneces
- 8 Mental health
- Justifying a Mental Health Act
- The Protection of the Patient or the Protection of Others
- The Mental Health Act 1983
- Revision Questions
- References
- 9 Confidentiality
- The Ethical Basis for Medical Confidentiality
- The Legal Approach to Confidentiality: the Balancing of Public Interests
- Confidentiality and Medical Students
- Confidentiality and the Patient Lacking Capacity
- Confidentiality and Children
- Revision Questions
- References
- 10 Resource allocation
- Rationing and Ethics
- Responsibility for Bringing Condition on Oneself
- Social Factors, Dependants and Priority
- Fair Procedure for Making Allocation Decisions
- Rationing and the Law
- Revision Questions
- References
- Further Reading
- 11 Children and young people
- The Law
- Ethical Considerations
- Child Safeguarding
- Revision Questions
- References
- 12 Disability and disease
- Disease
- Disability
- Human Enhancement
- The Future of Medicine
- Revision Questions
- References
- 13 Reproductive medicine
- Ethical Approaches to the Issue of Reproductive Choice
- Abortion
- Maternal–Fetal Relations
- Assisted Reproduction
- Revision Questions
- References
- 14 End of life
- Ending Life and the Law
- Three Moral Principles Relevant to End-of-Life Decisions
- The Ethics of Euthanasia
- Medical Futility, ‘Do Not Resuscitate’ Orders and Other Limitations to Treatment
- Revision questions
- References
- 15 Organ transplantation and definitions of death
- Donation Statistics
- The Legal Framework
- The Ethical Framework
- Revision Questions
- References
- 16 Research
- Legal and Regulatory Framework
- Ethical Values Relevant to Medical Research
- Key Ethical Questions
- Revision Questions
- References
- Part 3 Extensions
- Introduction
- 17 Neuroethics
- Addiction and Free Will
- Disorders of Consciousness
- Neuroreductionism and Biopsychosocial Psychiatry
- Authenticity and Deep Brain Stimulation
- Moral Bioenhancement
- Revision Questions
- References
- 18 Genethics
- Genetic Information and Confidentiality
- Genetic Testing and Information
- Reproductive Choice
- Gene Therapy and Gene Editing
- Cloning (Fig. 18.1)
- Mitochondrial Transfer
- Revision Questions
- References
- Further reading
- 19 Information ethics
- Access to Information
- Ethics and Big Data
- Digital Doctors and Artificial Intelligence
- Digital Patients
- Revision Questions
- References
- 20 Public health ethics
- What is Public Health Ethics?
- Coercion and Exploitation
- New Concepts and Principles: Shaping the Future of Public Health Ethics
- Infectious Diseases
- Revision Questions
- Acknowledgement
- References
- Index
Product details
- No. of pages: 374
- Language: English
- Copyright: © Elsevier 2019
- Published: July 5, 2019
- Imprint: Elsevier
- eBook ISBN: 9780702075971
- Paperback ISBN: 9780702075964
About the Authors
Dominic Wilkinson
Affiliations and Expertise
Professor of Medical Ethics, Director of Medical Ethics, Oxford Uehiro Centre for Practical Ethics; Consultant Neonatologist, John Radcliffe Hospital; Senior Research Fellow, Jesus College, Oxford.
Jonathan Herring
Affiliations and Expertise
Professor of Law and Vice Dean, Faculty of Law, Oxford University, UK
Julian Savulescu
Affiliations and Expertise
Uehiro Chair in Practical Ethics and Director, Oxford Uehiro Centre for Practical Ethics, University of Oxford, Oxford, UK; Visiting Professorial Fellow in Biomedical Ethics, Murdoch Children's Research Institute; Distinguished Visiting International Professorship in Law, University of Melbourne, Australia