The Criminal Justice System and Health Care

OUP Oxford (2007)
Abstract
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 $31.90 used (78% off)   $39.70 new (72% off)   $122.90 direct from Amazon (13% off)    Amazon page
ISBN(s) 9780199228294   0199228299
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 12,084
External links
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
Chapters BETA
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.
Dan W. Brock (2001). Children's Rights to Health Care. Journal of Medicine and Philosophy 26 (2):163 – 177.
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.
Gordon Graham (1987). The Doctor, the Rich, and the Indigent. Journal of Medicine and Philosophy 12 (1):51-61.
Ren-Zong Qiu (1989). Equity and Public Health Care in China. Journal of Medicine and Philosophy 14 (3):283-287.
Analytics

Monthly downloads

Added to index

2011-01-29

Total downloads

5 ( #237,535 of 1,101,888 )

Recent downloads (6 months)

3 ( #128,836 of 1,101,888 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Start a new thread
Order:
There  are no threads in this forum
Nothing in this forum yet.