Product Description
This book builds upon the successful Controversies in Health Law (1999) and Disputes and Dilemmas in Health Law (2006). Under the same editorship, it is substantially larger (37 chapters instead of 18 and 30 respectively) and correspondingly more comprehensive. It retains the lively analysis and the focus on controversial and cutting-edge problems in health law.
The chapters are broken up into 10 parts covering Human Rights Issues; Ethico-Legal Issues; Global Health Issues; Consent Issues; Privacy and Confidentiality Issues; Reproductive Technology Issues; Health Research Issues; Death and Dying Issues; Legal Liability Issues; and Reform and Regulatory Issues.
They consider issues raised by new technologies, changing legislation and altering community expectations; by new regulatory processes for medicine and all of the health professions; by important changes to civil liability for medical negligence; by likely changes to the legality of assisted dying/euthanasia law; by biobanking and embryo research.
Tensions and Traumas in Health Law covers questions on property in human tissue and on the ethical and legal aspects of the genetics revolution; provides a modern take on ‘old’ issues such as reproductive law and on refusal of treatment for seriously ill minors; takes account of changes relating to the delivery of health services such as global and public health law policies, and by health tourism; reviews the dilemmas posed by regulation of unregistered health professions, research misconduct and the forensic role of health practitioners; and discusses how difficult cases in relation to informed consent, lost chance litigation, mental harm claims and wrongful birth cases have pushed compensability to its edges.
Foreword by Sheila AM McLean
Acknowledgments
About the Contributors
Table of Cases
Table of Statutes
Introduction
Ian Freckelton and Kerry Petersen
PART A: HUMAN RIGHTS ISSUES
1. Health Law and Human Rights: Towards Equality in the Human Right to Health
Penelope Weller
2. Aged Care and Liberty Deprivation
Kate Diesfeld
3. Mental Health Law
Ian Freckelton and Warren Brookbanks
4. Accountability through Litigation: Health Care Justice and Australia’s Immigration Detention Program
Paula O’Brien
PART B: ETHICO-LEGAL ISSUES
5. Ethico-Legal Dilemmas in Clinical Service Delivery: Continuity, Recognition and Relationships in Clinical Service Delivery
Grant Gillett
6. Finite Resources and Clinical Care: Rationing
Jonathan Herring
PART C: GLOBAL HEALTH ISSUES
7. Health Care and International Trade and Investment
Thomas Faunce
8. Global Health
Belinda Bennett and Belinda Reeve
9. Public Health Law
Sonia Allan
10. Transnational Health Care: Regulating the Line Between Hype and Hope in Health Tourism
Ian Freckelton
PART D: CONSENT ISSUES
11. Cracks in the Lintel of Consent
Cameron Stewart
12. Refusal of Potentially Life-saving Treatment for Minors
Ian Freckelton and Simon McGregor
13. End of Life Decision-making for (Extremely) Premature or Critically Impaired Infants
Neera Bhatia
PART E: PRIVACY AND CONFIDENTIALITY ISSUES
14. Health Privacy and Confidentiality
Danuta Mendelson and Gabrielle Wolf
15. Genetic Privacy
Margaret Otlowski and Lisa Eckstein
PART F: REPRODUCTIVE TECHNOLOGY ISSUES
16. Assisted Reproduction: Emerging Technologies, Ethics, Regulation and Practice
Sonia Allan
17. Non-Medical Sex Selection: Sliding Down the Slippery Slope?
Michelle Taylor-Sands
18. Surrogacy
Ronli Sifris
PART G: HEALTH RESEARCH ISSUES
19. Commercialisation of Genomic Research: The Issue of Public Trust
Christine Critchley and Dianne Nicol
20. Property in Human Biomaterials
Imogen Goold
21. Human Embryos, Genome Editing and Future Directions
Tess Whitton, Dianne Nicol and Don Chalmers
22. Gene Patents
Dianne Nicol
23. Trends and Challenges in Biobanking
Jane Kaye, Jessica Bell, Megan Prictor and Megan Munsie
24. Research Fraud by Health Practitioners and the Criminal Law
Ian Freckelton and Marilyn McMahon
PART H: DEATH AND DYING ISSUES
25. Withholding and Withdrawing Potentially Life-Sustaining Treatment: Who Should Decide?
Ben White, Lindy Willmott, Eliana Close and Jocelyn Downie
26. Assisted Dying in Australia: A Values-based Model for Reform
Lindy Willmott and Ben White
27. Assisted Dying: Learning from the International Experience
Ian Freckelton
28. Organ Donation
Anne-Maree Farrell
29. Families in Conflict over their Dead
Rosalind Croucher
30. Death Investigation and the Role of the Coroner
Ian Freckelton and David Ranson
PART I: LEGAL LIABILITY ISSUES
31. Medical Practitioner Liability in Negligence
John Devereux
32. Complementary Health Law
Jon Wardle
33. The Forensic Role of Health Practitioners
Ian Freckelton
PART J: REFORM AND REGULATORY ISSUES
34. Health Workforce Conflicts
Robyn Fairhall, Debra Griffiths and Kim Forrester
35. Abortion Laws: Criminalisation and Decriminalisation
Kerry Petersen
36. Complaint Resolution, Quality Improvement and Public Protection: The Diverse Roles of Australasian Health Complaints Entities
Ron Paterson and Joanna Manning
37. Regulation of Health Practitioners
Ian Freckelton and Belinda Bennett
Select Bibliography
Index