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Landmark Cases in Medical Law,.

By: Herring, Jonathan.
Contributor(s): Wall, Jesse.
Material type: TextTextSeries: eBooks on Demand.Landmark Cases: Publisher: London : Bloomsbury Publishing, 2015Description: 1 online resource (380 p.).ISBN: 9781782255543.Subject(s): Law and ethics | Medical care -- Law and legislation -- Case studies | Medical care -- Law and legislationGenre/Form: Electronic books.Additional physical formats: Print version:: Landmark Cases in Medical Law,DDC classification: 344.0410264 Online resources: Click here to view this ebook.
Contents:
Cover; Half-title; Title; Copyright; Dedication; Contents; List of Contributors; Table of Cases; Table of Legislation; Table of International Conventions; Introduction; I. THE LANDSCAPE, THE SUB-TERRAIN AND THE HORIZON; II. CONCLUSION; 1. Doodeward v Spence (1908); I. INTRODUCTION; II. DOODEWARD V SPENCE: THE FACTS; III. THE JUDGMENTS; IV. LATER CASES; V. CONCLUSION; 2. Bolam v Friern Hospital Management Committee [1957]: Medical Law's Accordion; I. INTRODUCTION; II. BOLAM-THE FACTS AND THE DECISION; III. 'OLD' BOLAM AND ITS EXPANDING INFLUENCE; IV. BOLITHO-'NEW' BOLAM ARRIVES
V. CONTRACTING AGAIN-(SOME OF) THE WALLS CLOSE INVI. THE PLACE OF BOLAM TODAY-AND WHAT ABOUT THE FUTURE?; 3. Re B (A Minor) (Wardship: Sterilisation) [1988]: 'People Like Us Don't Have Babies': Learning Disability, Prospective Parenthood and Legal Transformations; I. INTRODUCTION; II. THE EMERGENCE OF LEARNING DISABILITY: MEDICAL KNOWLEDGE AND SOCIAL POLICY; III. LEARNING DISABILITY IN THE HOUSE OF LORDS; IV. LAW'S DEFERENCE TO MEDICINE; V. THE PROBLEM OF RIGHTS; VI. DISPUTING THE NATURAL-SEXUALITY AND DISABILITY AS SOCIALLY CONSTRUCTED; VII. REPOSITIONING THE 'MEDICAL'
VIII. THE POSSIBILITIES FOR LEGAL TRANSFORMATIONIX. AN INCREASED SCRUTINY?; X. A SYSTEM RESPONSIVE TO CHANGE?; 4. Re B (A Minor) (Wardship: Medical Treatment) [1981]: 'The Child Must Live': Disability, Parents and the Law; I. INTRODUCTION; II. FACTS; III. THE JUDGMENTS; IV. THE CONTEXT OF THE DECISION; V. CRITIQUE OF THE DECISION; VI. THEORIES OF DISABILITY; VII. THE NATURE OF PERSONHOOD; VIII. BEST INTERESTS; IX. PRENATAL TESTING; X. CONCLUSION; 5. Airedale NHS Trust v Bland [1993]; I. INTRODUCTION; II. COMMON GROUND; III. THE SPEECHES; IV. THE INGREDIENTS IN THE MIX
IV. BLAND: THE AFTERMATHV. CONCLUSION; 6. R v Cambridge Health Authority, ex parte B (A Minor) [1995]: A Tale of Two Judgments; I. INTRODUCTION; II. OVERVIEW; III. GROUNDS OF REVIEW AND STANDARDS OF REVIEW; IV. CALIBRATING THE STANDARD OF REVIEW; V. THE ETHICAL SUB-TERRAIN; VI. CONCLUSION; 7. R v Bournewood Community and Mental Health NHS Trust, ex parte L [1999]: Bournewood Fifteen Years On; I. BACKGROUND; II. THE HOUSE OF LORDS' DECISION; III. HL V UNITED KINGDOM; IV. STEPS TO PLUG THE GAP; V. THE DEPRIVATION OF LIBERTY SAFEGUARDS; VI. THE WAY FORWARD?
8. Re MB (An Adult: Medical Treatment) [1997] and St George's Healthcare NHS Trust v S [1998]: The Dilemma of the 'Court-Ordered' CaesareanI. INTRODUCTION; II. THE LANDMARK CASES; III. ANALYSIS OF THE IMPLICATIONS OF THE DECISIONS IN THE LANDMARK CASES; IV. CONCLUDING THOUGHTS; 9. R v Department of Health, ex parte Source Informatics Ltd [1999]; I. INTRODUCTION; II. CASE HISTORY; III. REASONABLE EXPECTATION AND ARTICLE 8 ECHR; IV. CONSENT AND AUTONOMY; V. ANONYMITY; VI. RELEVANCE OF DETRIMENT; VII. IDENTIFIABILITY IS NOT DETERMINATIVE; VIII. ENTITLED TO PROTECTION; IX. DATA PROTECTION LAW
X. CONCLUSION
Summary: This book brings together leading figures in the field to discuss the most significant cases in medical law. The cases are explored in their social and historical context to understand better what has influenced the development of the law.
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Cover; Half-title; Title; Copyright; Dedication; Contents; List of Contributors; Table of Cases; Table of Legislation; Table of International Conventions; Introduction; I. THE LANDSCAPE, THE SUB-TERRAIN AND THE HORIZON; II. CONCLUSION; 1. Doodeward v Spence (1908); I. INTRODUCTION; II. DOODEWARD V SPENCE: THE FACTS; III. THE JUDGMENTS; IV. LATER CASES; V. CONCLUSION; 2. Bolam v Friern Hospital Management Committee [1957]: Medical Law's Accordion; I. INTRODUCTION; II. BOLAM-THE FACTS AND THE DECISION; III. 'OLD' BOLAM AND ITS EXPANDING INFLUENCE; IV. BOLITHO-'NEW' BOLAM ARRIVES

V. CONTRACTING AGAIN-(SOME OF) THE WALLS CLOSE INVI. THE PLACE OF BOLAM TODAY-AND WHAT ABOUT THE FUTURE?; 3. Re B (A Minor) (Wardship: Sterilisation) [1988]: 'People Like Us Don't Have Babies': Learning Disability, Prospective Parenthood and Legal Transformations; I. INTRODUCTION; II. THE EMERGENCE OF LEARNING DISABILITY: MEDICAL KNOWLEDGE AND SOCIAL POLICY; III. LEARNING DISABILITY IN THE HOUSE OF LORDS; IV. LAW'S DEFERENCE TO MEDICINE; V. THE PROBLEM OF RIGHTS; VI. DISPUTING THE NATURAL-SEXUALITY AND DISABILITY AS SOCIALLY CONSTRUCTED; VII. REPOSITIONING THE 'MEDICAL'

VIII. THE POSSIBILITIES FOR LEGAL TRANSFORMATIONIX. AN INCREASED SCRUTINY?; X. A SYSTEM RESPONSIVE TO CHANGE?; 4. Re B (A Minor) (Wardship: Medical Treatment) [1981]: 'The Child Must Live': Disability, Parents and the Law; I. INTRODUCTION; II. FACTS; III. THE JUDGMENTS; IV. THE CONTEXT OF THE DECISION; V. CRITIQUE OF THE DECISION; VI. THEORIES OF DISABILITY; VII. THE NATURE OF PERSONHOOD; VIII. BEST INTERESTS; IX. PRENATAL TESTING; X. CONCLUSION; 5. Airedale NHS Trust v Bland [1993]; I. INTRODUCTION; II. COMMON GROUND; III. THE SPEECHES; IV. THE INGREDIENTS IN THE MIX

IV. BLAND: THE AFTERMATHV. CONCLUSION; 6. R v Cambridge Health Authority, ex parte B (A Minor) [1995]: A Tale of Two Judgments; I. INTRODUCTION; II. OVERVIEW; III. GROUNDS OF REVIEW AND STANDARDS OF REVIEW; IV. CALIBRATING THE STANDARD OF REVIEW; V. THE ETHICAL SUB-TERRAIN; VI. CONCLUSION; 7. R v Bournewood Community and Mental Health NHS Trust, ex parte L [1999]: Bournewood Fifteen Years On; I. BACKGROUND; II. THE HOUSE OF LORDS' DECISION; III. HL V UNITED KINGDOM; IV. STEPS TO PLUG THE GAP; V. THE DEPRIVATION OF LIBERTY SAFEGUARDS; VI. THE WAY FORWARD?

8. Re MB (An Adult: Medical Treatment) [1997] and St George's Healthcare NHS Trust v S [1998]: The Dilemma of the 'Court-Ordered' CaesareanI. INTRODUCTION; II. THE LANDMARK CASES; III. ANALYSIS OF THE IMPLICATIONS OF THE DECISIONS IN THE LANDMARK CASES; IV. CONCLUDING THOUGHTS; 9. R v Department of Health, ex parte Source Informatics Ltd [1999]; I. INTRODUCTION; II. CASE HISTORY; III. REASONABLE EXPECTATION AND ARTICLE 8 ECHR; IV. CONSENT AND AUTONOMY; V. ANONYMITY; VI. RELEVANCE OF DETRIMENT; VII. IDENTIFIABILITY IS NOT DETERMINATIVE; VIII. ENTITLED TO PROTECTION; IX. DATA PROTECTION LAW

X. CONCLUSION

This book brings together leading figures in the field to discuss the most significant cases in medical law. The cases are explored in their social and historical context to understand better what has influenced the development of the law.

Description based upon print version of record.

Author notes provided by Syndetics

Jonathan Herring is a Professor of Law at Exeter College, University of Oxford.Jesse Wall is a Lecturer at the University of Otago.

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