Law Legitimacy And The Rationing Of Healthcare
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Law Legitimacy And The Rationing Of Healthcare
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Author : Keith Syrett
language : en
Publisher:
Release Date : 2014-05-14
Law Legitimacy And The Rationing Of Healthcare written by Keith Syrett and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with Law categories.
Dr Syrett evaluates how courts may contribute to the attainment of legitimacy in healthcare rationing. He challenges conventional wisdom and offes fresh perspectives on the function of the law, to stimulate thinking and debate within legal and health policy communities.
Law Legitimacy And The Rationing Of Health Care
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Author : Keith Syrett
language : en
Publisher: Cambridge University Press
Release Date : 2007-11-29
Law Legitimacy And The Rationing Of Health Care written by Keith Syrett and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-11-29 with Law categories.
Dr Keith Syrett argues for a reappraisal of the role of public law adjudication in questions of healthcare rationing. As governments worldwide turn to explicit rationing strategies to manage the mismatch between demand for and supply of health services and treatments, disappointed patients and the public have sought to contest the moral authority of bodies making rationing decisions. This has led to the growing involvement of law in this field of public policy. The author argues that, rather than bemoaning this development, those working within the health policy community should recognise the points of confluence between the principles and purposes of public law and the proposals which have been made to address rationing's 'legitimacy problem'. Drawing upon jurisprudence from England, Canada and South Africa, the book evaluates the capacity of courts to establish the conditions for a process of public deliberation from which legitimacy for healthcare rationing may be derived.
Making Medical Spending Decisions
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Author : Mark A. Hall
language : en
Publisher:
Release Date : 2023
Making Medical Spending Decisions written by Mark A. Hall and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Health care rationing categories.
This work explores how health care rationing decisions are made. The author's analysis of the political economics, ethics, and legality of each of the social mechanisms for making medical spending decisions reveals that none is uniformly superior, each is better suited for certain decisions than others and so a mix of all three is inevitable.
The Legitimacy Of Medical Treatment
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Author : Sara Fovargue
language : en
Publisher: Routledge
Release Date : 2015-08-11
The Legitimacy Of Medical Treatment written by Sara Fovargue and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-11 with Law categories.
Whenever the legitimacy of a new or ethically contentious medical intervention is considered, a range of influences will determine whether the treatment becomes accepted as lawful medical treatment. The development and introduction of abortion, organ donation, gender reassignment, and non-therapeutic cosmetic surgery have, for example, all raised ethical, legal, and clinical issues. This book examines the various factors that legitimatise a medical procedure. Bringing together a range of internationally and nationally recognised academics from law, philosophy, medicine, health, economics, and sociology, the book explores the notion of a treatment, practice, or procedure being proper medical treatment, and considers the range of diverse factors which might influence the acceptance of a particular procedure as appropriate in the medical context. Contributors address such issues as clinical judgement and professional autonomy, the role of public interest, and the influence of resource allocation in decision-making. In doing so, the book explores how the law, the medical profession, and the public interact in determining whether a new or ethically contentious procedure should be regarded as legitimate. This book will be of interest and use to researchers and students of bioethics, medical law, criminal law, and the sociology of medicine. Chapter 6 of this book 'Family perspectives on proper medical treatment for people in prolonged vegetative and minimally conscious states' by Celia Kitzinger and Jenny Kitzinger is available under an open access CC BY NC ND license and can be viewed at: http://preview.ncbi.nlm.nih.gov/books/prevqa/NBK199156/ .
Medical Law
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Author : Emily Jackson
language : en
Publisher: Oxford University Press
Release Date : 2022
Medical Law written by Emily Jackson and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Medical laws and legislation categories.
Medical Law: Text, Cases, and Materials offers all of the explanation, commentary, and extracts from cases and key materials that students need to gain a thorough understanding of this complex topic. Key case extracts provide the legal context, facts, and background; extracts from materials provide differing ethical perspectives and outline current debates; and the author's insightful commentary ensures that readers understand the facts of the cases and can navigate the ethical landscape to form their own understanding of medical law. Digital formats This sixth edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
European Law And New Health Technologies
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Author : Mark L. Flear
language : en
Publisher: Oxford University Press
Release Date : 2013-03-14
European Law And New Health Technologies written by Mark L. Flear and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-14 with Law categories.
New health technologies promise great things but they also pose significant challenges for governments, particularly around safety concerns, effectiveness, and value for money. This collection analyses the defining features of the relationship between EU law and new technologies, and the roles of risk, rights, ethics, and markets.
Rationing Health Care
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Author : André den Exter
language : en
Publisher: Maklu
Release Date : 2012
Rationing Health Care written by André den Exter and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
'Medical need' is a factor in health care access decision-making, but merit-considerations are becoming important too. In the shortening of waiting time, priority arrangements are considered and/or introduced, based on non-medical criteria. Simultaneously, in terms of financing, health status has become important due to payment arrangements, limited insurance package options, etc. At the same time, health status disparities, due to socioeconomic inequalities, seem to be increasing. Under these circumstances, confronted with increased health spending, it is expected that rationing will become more eminent. Due to this, the emerging relevant questions are: Who will be responsible for rationing (the market, governments, bureaucrats, physicians, or others)? * How does it function (explicit or implicit)? * What are relevant and acceptable selection criteria (QUALYs, DALYs, health status, sex, age, etc.)? * To what extent is current rationing just? * What can be done to make it more just? *
Healthcare Decision Making And The Law
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Author : Mary Donnelly
language : en
Publisher: Cambridge University Press
Release Date : 2010-11-18
Healthcare Decision Making And The Law written by Mary Donnelly and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-18 with Law categories.
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.
Health Technology Assessment Courts And The Right To Healthcare
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Author : Daniel Wei Liang Wang
language : en
Publisher: Routledge
Release Date : 2021-12-30
Health Technology Assessment Courts And The Right To Healthcare written by Daniel Wei Liang Wang and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-30 with Business & Economics categories.
Both developing and developed countries face an increasing mismatch between what patients expect to receive from healthcare and what the public healthcare systems can afford to provide. Where there has been a growing recognition of the entitlement to receive healthcare, the frustrated expectations with regards to the level of provision has led to lawsuits challenging the denial of funding for health treatments by public health systems. This book analyses the impact of courts and litigation on the way health systems set priorities and make rationing decisions. In particular, it focuses on how the judicial protection of the right to healthcare can impact the institutionalization, functioning and centrality of Health Technology Assessment (HTA) for decisions about the funding of treatment. Based on the case study of three jurisdictions – Brazil, Colombia, and England – it shows that courts can be a key driver for the institutionalization of HTA. These case studies show the paradoxes of judicial control, which can promote accountability and impair it, demand administrative competence and undermine bureaucratic capacities. The case studies offer a nuanced and evidence-informed understanding of these paradoxes in the context of health care by showing how the judicial control of priority-setting decisions in health care can be used to require and control an explicit scheme for health technology assessment, but can also limit and circumvent it. It will be essential for those researching Medical Law and Healthcare Policy, Human Rights Law, and Social Rights.
Medical Law
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Author : Jonathan Herring
language : en
Publisher: Oxford University Press
Release Date : 2011-05-12
Medical Law written by Jonathan Herring and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-12 with Law categories.
Written by a highly respected academic and experienced textbook author, Medical Law: Core Text provides a lively and engaging overview of the key topics of the medical law syllabus.