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Clinical Decision-Making and Judicial Reasoning

Clinical Decision-Making and Judicial Reasoning
Author: Larry Brenner
Publisher:
Total Pages: 198
Release: 2021-05
Genre: Medicine
ISBN: 9781605951379

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Provides a methodical guide to assist in making prudent clinical decisions that while best for the patient, also avoid future liabilityExplains the competing functions of the courtsDescribes the differences in physician and lawyer reasoningIncludes numerous examples for discussion with many from real world casesA guide for healthcare providers to prudent decision-making that ensures the safety of patients and protects providers from liability. The book is written in a concise, very accessible, and methodical way for both students and practitioners. Examples and cases are provided throughout for classroom discussions and personal reflection. This is a key reference for physicians, medical students, advanced practice professionals, and law students in tort law programs.


The Cambridge Handbook of Psychology and Legal Decision-Making

The Cambridge Handbook of Psychology and Legal Decision-Making
Author: Monica K. Miller
Publisher:
Total Pages: 760
Release: 2024-02-28
Genre: Psychology
ISBN: 1009122304

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Presenting state-of-the-art research, this Handbook summarises emerging and establishing topics in the area of legal decision-making. Interdisciplinary in its approach, it covers decisions made within the criminal justice system, the trial process, and clinical settings. Chapters, written by accomplished academics and experts in the field, synthesize historical context, identify gaps in existing literature, propose future directions of study, and discuss policy limitations. It also includes 'perspectives from the field' essays written by professionals - a judge, an attorney, a police officer, a trial consultant, and a probation officer - to bridge the gap between academic research and its application to the real world. It is intended as a go-to resource for students and researchers who want to immerse themselves in a body of scientific research to understand its history and shape its future.


The Patient Self-Determination Act

The Patient Self-Determination Act
Author: Lawrence P. Ulrich
Publisher: Georgetown University Press
Total Pages: 370
Release: 2001-07-18
Genre: Medical
ISBN: 9781589014534

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The Patient Self-Determination Act of 1990 required medical facilities to provide patients with written notification of their right to refuse or consent to medical treatment. Using this Act as an important vehicle for improving the health care decisionmaking process, Lawrence P. Ulrich explains the social, legal, and ethical background to the Act by focusing on well-known cases such as those of Karen Quinlan and Nancy Cruzan, and he explores ways in which physicians and other caregivers can help patients face the complex issues in contemporary health care practices. According to Ulrich, health care facilities often address the letter of the law in a merely perfunctory way, even though the Act integrates all the major ethical issues in health care today. Ulrich argues that well-designed conversations between clinicians and patients or their surrogates will not only assist in preserving patient dignity — which is at the heart of the Act—but will also help institutions to manage the liability issues that the Act may have introduced. He particularly emphasizes developing effective advance directives. Ulrich examines related issues, such as the negative effect of managed care on patient self-determination, and concludes with a seldom-discussed issue: the importance of being a responsible patient. Showing how the Patient Self-Determination Act can be a linchpin of more meaningful and effective communication between patient and caregiver, this book provides concrete guidance to health care professionals, medical ethicists, and patient-rights advocates.


Incapacitated and Alone

Incapacitated and Alone
Author: Naomi Karp
Publisher:
Total Pages: 62
Release: 2003
Genre: Capacity and disability
ISBN:

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Medical Treatment: Decisions and the Law

Medical Treatment: Decisions and the Law
Author: Christopher George Johnston
Publisher: Bloomsbury Publishing
Total Pages: 743
Release: 2016-10-28
Genre: Law
ISBN: 1780439172

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This text concentrates on the decisions involved in obtaining authority for the provision, withholding and withdrawal of physical medical treatment and the legal requirements and consequences of the decision-making process.


Medical Decision-Making on Behalf of Young Children

Medical Decision-Making on Behalf of Young Children
Author: Imogen Goold
Publisher: Bloomsbury Publishing
Total Pages: 336
Release: 2020-09-17
Genre: Law
ISBN: 150992857X

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In the wake of the Charlie Gard and Alfie Evans cases, a wide-ranging international conversation was started regarding alternative thresholds for intervention and the different balances that can be made in weighing up the rights and interests of the child, the parent's rights and responsibilities and the role of medical professionals and the courts. This collection provides a comparative perspective on these issues by bringing together analysis from a range of jurisdictions across Europe, North and South America, Africa and Asia. Contextualising the differences and similarities, and drawing out the cultural and social values that inform the approach in different countries, this volume is highly valuable to scholars across jurisdictions, not only to inform their own local debate on how best to navigate such cases, but also to foster inter-jurisdictional debate on the issues. The book brings together commentators from the fields of law, medical ethics, and clinical medicine across the world, actively drawing on the view from the clinic as well as philosophical, legal and sociological perspectives on the crucial question of who should decide about the fate of a child suffering from a serious illness. In doing so, the collection offers comprehensive treatment of the key questions around whether the current best interests approach is still appropriate, and if not, what the alternatives are. It engages head-on with the concerns seen in both the academic and popular literature that there is a need to reconsider the orthodoxy in this area.


Patient Care Decision-making

Patient Care Decision-making
Author: Claire C. Obade
Publisher:
Total Pages: 676
Release: 1991
Genre: Confidential communications
ISBN:

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Strangers at the Bedside

Strangers at the Bedside
Author: David J. Rothman
Publisher: Routledge
Total Pages: 416
Release: 2017-07-12
Genre: Medical
ISBN: 135148804X

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David Rothman gives us a brilliant, finely etched study of medical practice today. Beginning in the mid-1960s, the practice of medicine in the United States underwent a most remarkable--and thoroughly controversial--transformation. The discretion that the profession once enjoyed has been increasingly circumscribed, and now an almost bewildering number of parties and procedures participate in medical decision making. Well into the post-World War II period, decisions at the bedside were the almost exclusive concern of the individual physician, even when they raised fundamental ethical and social issues. It was mainly doctors who wrote and read about the morality of withholding a course of antibiotics and letting pneumonia serve as the old man's best friend, of considering a newborn with grave birth defects a "stillbirth" thus sparing the parents the agony of choice and the burden of care, of experimenting on the institutionalized the retarded to learn more about hepatitis, or of giving one patient and not another access to the iron lung when the machine was in short supply. Moreover, it was usually the individual physician who decided these matters without formal discussions with patients, their families, or even with colleagues, and certainly without drawing the attention of journalists, judges, or professional philosophers. The impact of the invasion of outsiders into medical decision-making, most generally framed, was to make the invisible visible. Outsiders to medicine--that is, lawyers, judges, legislators, and academics--have penetrated its every nook and cranny, in the process giving medicine exceptional prominence on the public agenda and making it the subject of popular discourse. The glare of the spotlight transformed medical decision making, shaping not merely the external conditions under which medicine would be practiced (something that the state, through the regulation of licensure, had always done), but the very substance of medical pract


Healthcare Decision-Making and the Law

Healthcare Decision-Making and the Law
Author: Mary Donnelly
Publisher: Cambridge University Press
Total Pages: 345
Release: 2010-11-18
Genre: Law
ISBN: 1139491849

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This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focusing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.