Pub Date : 2014-04-01DOI: 10.1093/HE/9780198702269.003.0002
J. Herring
This chapter examines the structure of the National Health Service (NHS) and some of the key issues facing those dealing with its management. Topics discussed include policymaking and central planning in the NHS; quality control; commissioning and planning services; the provision of services; structural issues; rationing; health inequalities; the General Medical Council; and efforts to control infectious diseases and prevent illness. The chapter also discusses the complex issue of the rationing of healthcare resources. The case law on the topic is set out and there is a consideration of the ethical issues which are raised when decisions need to be made about who gets medical treatment.
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Pub Date : 2014-04-01DOI: 10.1093/he/9780198702269.003.0001
J. Herring
This chapter discusses various aspects of ethics and medical law. It begins with a definition of medical law. It then covers the nature of illness, the scope of medicine, the sociological impact of being ill, UK health statistics, and general ethical principles. This is followed by discussions of the notion of rights; patients’ obligations; principlism; hermeneutics; casuistry; feminist medical ethics; care ethics; virtue ethics; and communitarian ethics. It also explains the role of theology, relativism, and pragmatism in medical ethics. The chapter also explores the links between ethics and law. It cannot be assumed that because something is unethical it must be unlawful, nor that everything unlawful is necessarily unethical.
{"title":"1. Ethics and Medical Law","authors":"J. Herring","doi":"10.1093/he/9780198702269.003.0001","DOIUrl":"https://doi.org/10.1093/he/9780198702269.003.0001","url":null,"abstract":"This chapter discusses various aspects of ethics and medical law. It begins with a definition of medical law. It then covers the nature of illness, the scope of medicine, the sociological impact of being ill, UK health statistics, and general ethical principles. This is followed by discussions of the notion of rights; patients’ obligations; principlism; hermeneutics; casuistry; feminist medical ethics; care ethics; virtue ethics; and communitarian ethics. It also explains the role of theology, relativism, and pragmatism in medical ethics. The chapter also explores the links between ethics and law. It cannot be assumed that because something is unethical it must be unlawful, nor that everything unlawful is necessarily unethical.","PeriodicalId":91323,"journal":{"name":"Journal of medical law and ethics","volume":"43 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2014-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88164675","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-04-01DOI: 10.1093/HE/9780198702269.003.0003
J. Herring
This chapter examines the legal and ethical aspects of medical negligence. It begins with an overview of the law and medical malpractice. It then discusses the law of negligence; the law of contract; medical malpractice litigation in practice; legal costs; the perception that medical negligence litigation is unsatisfactory; the NHS Redress Act 2006; the ‘no fault’ scheme; and the law governing medicines. The law in this area seeks to strike a balance between ensuring patients receive compensation if they have been harmed as a result of bad treatment, and allowing doctors professional freedom to determine which treatment is most appropriate for a particular condition.
{"title":"3. Medical Negligence","authors":"J. Herring","doi":"10.1093/HE/9780198702269.003.0003","DOIUrl":"https://doi.org/10.1093/HE/9780198702269.003.0003","url":null,"abstract":"This chapter examines the legal and ethical aspects of medical negligence. It begins with an overview of the law and medical malpractice. It then discusses the law of negligence; the law of contract; medical malpractice litigation in practice; legal costs; the perception that medical negligence litigation is unsatisfactory; the NHS Redress Act 2006; the ‘no fault’ scheme; and the law governing medicines. The law in this area seeks to strike a balance between ensuring patients receive compensation if they have been harmed as a result of bad treatment, and allowing doctors professional freedom to determine which treatment is most appropriate for a particular condition.","PeriodicalId":91323,"journal":{"name":"Journal of medical law and ethics","volume":"31 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2014-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80689705","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2004-09-01DOI: 10.1093/he/9780198846956.003.0006
J. Herring
This chapter examines the legal and ethical aspects of medical confidentiality. The discussion include the legal basis of confidentiality; defences to claims of breach of confidentiality; the Data Protection Act 1998; legal remedies in confidentiality cases; patient access to their own health information; and ethical arguments for and against confidentiality. Underpinning this chapter is the tension between requiring that a patient’s confidences are kept and the fact that sometimes there is an overwhelming reason why confidentiality needs to be breached. A further difficulty for this topic is that once confidentiality has been breached it can be very difficult to formulate an effective legal remedy.
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