David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
This book examines questions of medical accountability and ethics. It analyses how the criminal justice system regulates health care practice, and to what extent it can and should be used as a tool to resolve ethical conflict in health care. For most of the twentieth century, criminal courts were engaged in matters relating to medicine principally as a forum to resolve ethical controversies over the sanctity of life. However, the judiciary approached this function with reluctance and a marked tendency to defer to the medical profession to define what constituted ethical, and thus lawful, conduct. However, over the past 25 years, criminal courts have increasingly been drawn into these types of question, and the criminal law has become a major actor in the resolution of ethical conflict. The trend to prosecute for aberrant professional conduct or medical malpractice and the role of the criminal process in medicine has been analytically neglected in the UK. There is scant literature addressing the appropriate boundaries of the criminal process in resolving ethical conflict, the theoretical legal analysis of the law's relationship with health care, or the practical impact of the criminal justice system on professionals and the delivery of health care in the UK. This volume addresses these issues via a combination of theoretical analyses and key case studies, drawing on the experiences of other carefully selected jurisdictions. It places a particular emphasis on the appropriateness of the involvement of the criminal justice system in health care, the limitations of this developing trend, and solutions to the problems it throws up. The book takes euthanasia as a primary example of the issues raised by the intersection of health care and the criminal law, and questions whether health care issues appropriately fall within the remit of the criminal justice system
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
|Buy the book||$32.45 used (77% off) $39.70 new (72% off) $140.00 direct from Amazon Amazon page|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
Robert Destro, Lessons in Legal and Judicial Ethics From Schiavo: The Special Responsibilities of Lawyers and Judges in Cases Involving Persons with Severe Cognitive Disabilities.
Sergio Romeo-Malanda, Omission of Medical Treatment for Severely Disabled Newborns and Criminal Liability Under Spanish Law.
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Dan W. Brock (2000). Broadening the Bioethics Agenda. Kennedy Institute of Ethics Journal 10 (1):21-38.
Roger Stanev (2011). Review of Justice and Health Care: Selected Essays, by Allen Buchanan. Theoretical Medicine and Bioethics 32 (2):137-142.
Dan W. Brock (2001). Children's Rights to Health Care. Journal of Medicine and Philosophy 26 (2):163 – 177.
Robert A. Pearlman (1992). An Ethical Framework for Rationing Health Care. Journal of Medicine and Philosophy 17 (1):79-96.
Catherine Anne Berglund (2004). Ethics for Health Care. Oxford University Press.
Larry R. Churchill (1999). The United States Health Care System Under Managed Care: How the Commodification of Health Care Distorts Ethics and Threatens Equity. [REVIEW] Health Care Analysis 7 (4):393-411.
Baruch A. Brody (1987). Justice and Competitive Markets. Journal of Medicine and Philosophy 12 (1):37-50.
P. Nortvedt (2003). Levinas, Justice and Health Care. Medicine, Health Care and Philosophy 6 (1):25-34.
Laurence B. McCullough (1994). Should We Create a Health Care System in the United States? Journal of Medicine and Philosophy 19 (5):483-490.
Gordon Graham (1987). The Doctor, the Rich, and the Indigent. Journal of Medicine and Philosophy 12 (1):51-61.
David Shaw, Karyn McCluskey, Will Linden & Christine Goodall (2012). Reducing the Harmful Effects of Alcohol Misuse: The Ethics of Sobriety Testing in Criminal Justice. Journal of Medical Ethics 38 (11):669-671.
Ren-Zong Qiu (1989). Equity and Public Health Care in China. Journal of Medicine and Philosophy 14 (3):283-287.
Shelley Morrisette, William D. Oberman, Allison D. Watts & Joseph B. Beck (2015). Health Care: A Brave New World. [REVIEW] Health Care Analysis 23 (1):88-105.
Added to index2011-01-29
Total downloads7 ( #213,601 of 1,681,623 )
Recent downloads (6 months)2 ( #112,085 of 1,681,623 )
How can I increase my downloads?