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Health Care Law

Health Care Analysis 5 (2):157-163 (1997)

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  1. An Orwellian Scenario: court ordered caesarean section and women’s autonomy.Heather Cahill - 1999 - Nursing Ethics 6 (6):494-505.
    Between 1992 and 1996, a small number of women in the UK were forced by the courts to undergo caesarean section against their expressed refusal. Analysis of the reported cases reveals the blanket assumption of maternal incompetence and the widespread use of thinly veiled coercion. Such attitudes and practices are themselves frequently compounded by inadequate communication. Medical discretion in such problematic cases seems to err on the side of safety and so appears to favour the life of the fetus over (...)
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  • Genetic privacy: orthodoxy or oxymoron?A. Sommerville & V. English - 1999 - Journal of Medical Ethics 25 (2):144-150.
    In this paper we question whether the concept of "genetic privacy" is a contradiction in terms. And, if so, whether the implications of such a conclusion, inevitably impact on how society comes to perceive privacy and responsibility generally. Current law and ethical discourse place a high value on self-determination and the rights of individuals. In the medical sphere, the recognition of patient "rights" has resulted in health professionals being given clear duties of candour and frankness. Dilemmas arise, however, when patients (...)
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  • The use of patients in health care education: the need for ethical justification.L. Bindless - 1998 - Journal of Medical Ethics 24 (5):314-319.
    This paper addresses ethical concerns emanating from the practice of using patients for health care education. It shows how some of the ways that patients are used in educational strategies to bridge theory-practice gaps can cause harm to patients and patient-practitioner relationships, thus failing to meet acceptable standards of professional practice. This will continue unless there is increased awareness of the need for protection of human rights in teaching situations. Unnecessary exposure of patients, failing to obtain explicit consent, causing harm (...)
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  • Commentary on the "Family Rule".P. Alderson - 1999 - Journal of Medical Ethics 25 (6):497-498.
    The “family rule” paper by Dr Foreman proposes a way of resolving the present uncertainty about medical law on children's consent and refusal. This commentary reviews how doctors' decisions are already well protected by English law and respected by the courts. The “family rule” appears to be likely only to complicate the already diffuse law on parental consent, and to weaken further the competent minor's position in cases of uncertainty and disagreement. It leaves the difficult questions about defining and assessing (...)
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