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E-book
Author Donnelly, Mary (Law teacher)

Title Healthcare decision-making and the law : autonomy, capacity and the limits of liberalism / Mary Donnelly
Published Cambridge ; New York : Cambridge University Press, 2010
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Description 1 online resource (xxiv, 320 pages)
Series Cambridge law, medicine and ethics
Cambridge law, medicine, and ethics.
Contents Autonomy : variations on a principle -- Autonomy in the law -- Capacity : the gatekeeper for autonomy -- Capacity assessment in practice -- Autonomy, rights and decision-making for patients lacking capacity -- Treatment for a mental disorder : a case apart
Summary 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-- Provided by Publisher
Bibliography Includes bibliographical references and index
Notes Print version record
Subject Medical care -- Law and legislation -- England
Medical care -- Law and legislation.
Medical care -- England -- Decision making
Medical care -- Decision making
Decision making.
Delivery of Health Care -- legislation & jurisprudence
Decision Making
decision making.
LAW -- Administrative Law & Regulatory Practice.
Decision making
Medical care -- Decision making
Medical care -- Law and legislation
SUBJECT England
Subject England
Form Electronic book
ISBN 9780511992421
0511992424
9780511984884
051198488X
9780511993626
0511993625
0511990448
9780511990441
9780511760679
0511760671
9781107470927
1107470927