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Book Cover
E-book
Author Pattinson, Shaun D

Title Revisiting Landmark Cases in Medical Law
Published Florence : Routledge, 2018

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Description 1 online resource (201 pages)
Series Biomedical Law and Ethics Library
Biomedical law and ethics library.
Contents Revisiting Landmark Cases in Medical Law- Front Cover; Half Title; Title Page; Copyright Page; Contents; Preface; Acknowledgements; Chapter 1: The rationale and method of revisiting medical law cases; 1.1 Introduction; 1.2 An interpretative account of adjudication; 1.3 Law as a moral judgment; 1.4 Modified law as integrity; 1.5 Crafting judgments; Chapter 2: Adams: life-shortening pain relief; 2.1 Introduction; 2.2 Legal developments; 2.3 The principle of double effect; 2.4 Devlin J's principle and the principle of double effect; 2.5 Application of the PGC; 2.6 Options available to Athena J
2.7 Idealised judgment: Attorney-General's Reference (No 1 of 1958) (CA, Crim)Chapter 3: Gillick: consent from a child; 3.1 Introduction; 3.2 The decision in Gillick; 3.3 Gaps and legal developments; 3.4 Application of the PGC; 3.5 Options available to Lady Athena; 3.6 Idealised judgment: Gillick v West Norfolk and Wisbech AHA (HL); Chapter 4: Bland: patients in a vegetative state; 4.1 Introduction; 4.2 Tensions and developments; 4.3 Application of the PGC; 4.4 Options available to Lady Athena; 4.5 Idealised judgment: Airedale NHS Trust v Bland (HL)
Chapter 5: Re MB: refusal of treatment in late pregnancy5.1 Introduction; 5.2 Legal principles on capacity and refusal of treatment in late pregnancy; 5.3 Other jurisdictions; 5.4 Application of the PGC; 5.5 Options available to Lady Athena; 5.6 Idealised judgment: Re MB (Medical Treatment) (CA); Chapter 6: Conclusion: revisiting five further cases; 6.1 Introduction; 6.2 The role of precedent and judgment writing; 6.3 Legal principles identified and applied in the idealised judgments; 6.4 Revisiting five further cases; 6.5 Concluding remarks; Bibliography; Index
Summary Is it lawful for a doctor to give a patient life-shortening pain relief? Can treatment be lawfully provided to a child under 16 on the basis of her consent alone? Is it lawful to remove food and water provided by tube to a patient in a vegetative state? Is a woman's refusal of a caesarean section recommended for the benefit of the fetus legally decisive? These questions were central to the four focal cases revisited in this book. This book revisits nine landmark cases. For each, a new leading judgment is attributed to an imagined judge, Athena, who operates within the constraints of the legal system of England and Wales. Her judgments accord with an innovative legal theory, referred to as 'modified law as integrity', and are linked as a line of precedent. The result is a re-spinning of extant judicial threads into a web of legal principles with a greater claim to coherence and defensibility than those in the original cases. The book will be of great interest to scholars and students of medical law, criminal law, bioethics, legal theory and moral philosophy
Notes Print version record
Subject Medical laws and legislation -- England -- Case studies
Medical ethics -- England -- Case studies
Medical ethics.
Medical laws and legislation.
Ethics, Medical
LAW -- Ethics & Professional Responsibility.
PHILOSOPHY -- Ethics & Moral Philosophy.
Medical ethics
Medical laws and legislation
England
Genre/Form Case studies
Form Electronic book
ISBN 9781317612803
1317612809