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Healthcare Decision-Making and the Law by Mary Donnelly Pdf
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.
Clinical Decision-Making and Judicial Reasoning by Larry Brenner,Mara Howard-Williams Pdf
Provides a methodical guide to assist in making prudent clinical decisions that while best for the patient, also avoid future liabilityExplains the competing functions of the courtsDescribes the differences in physician and lawyer reasoningIncludes numerous examples for discussion with many from real world casesA guide for healthcare providers to prudent decision-making that ensures the safety of patients and protects providers from liability. The book is written in a concise, very accessible, and methodical way for both students and practitioners. Examples and cases are provided throughout for classroom discussions and personal reflection. This is a key reference for physicians, medical students, advanced practice professionals, and law students in tort law programs.
Psychology of Decision Making in Legal, Health Care and Science Settings by Gloria R. Burthold Pdf
In a fast-moving world, the necessity of making decisions, and preferably good ones, has become even more difficult. One reason is the variety and number of choices perhaps available which often are not presented or understood. Alternatives are often unclear and complex paths to them confusing and misleading. Thus the process of decision making itself requires analysis on an ongoing basis. Decision making is often made based on cultural factors whereas the best alternative might be quite different. The subject touches ethical aspects as well as psychological considerations. This book presents important research on the psychology of decision making related to law and law enforcement, health care and science.
United States. President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research
Author : United States. President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research Publisher : Unknown Page : 488 pages File Size : 48,5 Mb Release : 1982 Category : Informed consent (Medical law) ISBN : UIUC:30112058534519
Making Health Care Decisions by United States. President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research Pdf
Medical Treatment: Decisions and the Law by Christopher George Johnston Pdf
This text concentrates on the decisions involved in obtaining authority for the provision, withholding and withdrawal of physical medical treatment and the legal requirements and consequences of the decision-making process.
Author : Lawrence A. Frolik Publisher : American Bar Association Page : 324 pages File Size : 42,9 Mb Release : 2006 Category : Family & Relationships ISBN : 1590317599
The Law of Later-life Health Care and Decision Making by Lawrence A. Frolik Pdf
Directives - which include living wills and health care powers of attorney (or proxies) are unique in a heretofore unknown way. They draw heavily on the knowledge and skills of practitioners from all three of the noble professions: law, medicine, and spirit. That's precisely why Advance Health Care Directives: A Handbook for Professionals is such an exceedingly important work. Authored by a lawyer and a physician, this far ranging volume deals with the difficult and sensitive issues faced by professionals - lawyers, doctors, nurses, clerics, spiritual advisors, chaplains, social workers, palliative caregivers, and all allied walks - in helping clients and patients plan, write, execute, and implement these utterly essential "personal contingency plans" for health care decision-making. Book jacket.
The Patient Self-Determination Act by Lawrence P. Ulrich Pdf
The Patient Self-Determination Act of 1990 required medical facilities to provide patients with written notification of their right to refuse or consent to medical treatment. Using this Act as an important vehicle for improving the health care decisionmaking process, Lawrence P. Ulrich explains the social, legal, and ethical background to the Act by focusing on well-known cases such as those of Karen Quinlan and Nancy Cruzan, and he explores ways in which physicians and other caregivers can help patients face the complex issues in contemporary health care practices. According to Ulrich, health care facilities often address the letter of the law in a merely perfunctory way, even though the Act integrates all the major ethical issues in health care today. Ulrich argues that well-designed conversations between clinicians and patients or their surrogates will not only assist in preserving patient dignity — which is at the heart of the Act—but will also help institutions to manage the liability issues that the Act may have introduced. He particularly emphasizes developing effective advance directives. Ulrich examines related issues, such as the negative effect of managed care on patient self-determination, and concludes with a seldom-discussed issue: the importance of being a responsible patient. Showing how the Patient Self-Determination Act can be a linchpin of more meaningful and effective communication between patient and caregiver, this book provides concrete guidance to health care professionals, medical ethicists, and patient-rights advocates.
By juxtaposing European and American concepts of autonomy in the law as they are applied to families, capital punishment and criminal trials, authors reveal the common values that justify all legal systems. This book sheds new light on the fundamental purpose of law by examining how European and American lawyers, judges, and citizens actually apply and should apply legal autonomy to litigation, legislation, and the law itself.
Author : Alberta Law Reform Institute Publisher : Unknown Page : 128 pages File Size : 51,8 Mb Release : 1993 Category : Medical care ISBN : OCLC:1015939130
Advance Directives: Rethinking Regulation, Autonomy & Healthcare Decision-Making by Hui Yun Chan Pdf
This book offers a new perspective on advance directives through a combined legal, ethical and philosophical inquiry. In addition to making a significant and novel theoretical contribution to the field, the book has an interdisciplinary and international appeal. The book will help academics, healthcare professionals, legal practitioners and the educated reader to understand the challenges of creating and implementing advance directives, anticipate clinical realities, and preparing advance directives that reflect a higher degree of assurance in terms of implementation.
Encyclopedia of Medical Decision Making by Michael W. Kattan Pdf
Decision making is a critical element in the field of medicine that can lead to life-or-death outcomes, yet it is an element fraught with complex and conflicting variables, diagnostic and therapeutic uncertainties, patient preferences and values, and costs. Together, decisions made by physicians, patients, insurers, and policymakers determine the quality of health care, quality that depends inherently on counterbalancing risks and benefits and competing objectives such as maximizing life expectancy versus optimizing quality of life or quality of care versus economic realities. Broadly speaking, concepts in medical decision making (MDM) may be divided into two major categories: prescriptive and descriptive. Work in the area of prescriptive MDM investigates how medical decisions should be done using complicated analyses and algorithms to determine cost-effectiveness measures, prediction methods, and so on. In contrast, descriptive MDM studies how decisions actually are made involving human judgment, biases, social influences, patient factors, and so on. The Encyclopedia of Medical Decision Making gives a gentle introduction to both categories, revealing how medical and healthcare decisions are actually made—and constrained—and how physician, healthcare management, and patient decision making can be improved to optimize health outcomes. Key Features Discusses very general issues that span many aspects of MDM, including bioethics; health policy and economics; disaster simulation modeling; medical informatics; the psychology of decision making; shared and team medical decision making; social, moral, and religious factors; end-of-life decision making; assessing patient preference and patient adherence; and more Incorporates both quantity and quality of life in optimizing a medical decision Considers characteristics of the decisionmaker and how those characteristics influence their decisions Presents outcome measures to judge the quality or impact of a medical decision Examines some of the more commonly encountered biostatistical methods used in prescriptive decision making Provides utility assessment techniques that facilitate quantitative medical decision making Addresses the many different assumption perspectives the decision maker might choose from when trying to optimize a decision Offers mechanisms for defining MDM algorithms With comprehensive and authoritative coverage by experts in the fields of medicine, decision science and cognitive psychology, and healthcare management, this two-volume Encyclopedia is a must-have resource for any academic library.