Download Legal and Ethical Aspects of Healthcare by S. A. M. McLean, J. K. Mason PDF

By S. A. M. McLean, J. K. Mason

There might be few facets of existence that have now not altered so dramatically long ago few a long time because the courting among drugs and the legislation: as every one improve in drugs is made, and coverings develop into increasingly more subtle, the criminal and ethical concerns surrounding such remedies have additionally improved, and develop into extra advanced. Written by means of a physician and a legal professional, either with decades of functional event, this e-book presents a distinct and in-depth assurance of an important moral and ethical matters (and their felony implications) dealing with healthcare pros, attorneys and most people alike. It represents an invaluable define of the place medication and the legislation stand at this time and tricks at the place they are going to be stepping into relation to one another within the coming years.

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Extra resources for Legal and Ethical Aspects of Healthcare

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Some, for example, may feel that this is a hostage to fortune as the doctor may exercise his or her autonomy wrongly, either by reason of ignorance or perversity. What protection does the patient have against this possibility? This, and similar questions, will arise throughout this book and will, we hope, be answered in the appropriate places. For the present, suffice it to say that it would take a very exceptional man or woman not to be aware of such potential criticism, yet every case will almost certainly have been fully considered – and, generally, in consultation with colleagues at several levels in the health-caring hierarchy.

The question, however, is whether or not this is possible in the medical environment of the twenty-first century? Consider the doctor who goes out to do an urgent home visit while patients are still in his or her surgery. He or she is responding to a need but, meantime, others are being deprived of a service they expected to receive. This is rationing, but it begins with a conscious decision to choose to do what is considered best in the given circumstances. It would be nice if the doctor did not have to make such a choice, but practical realities mean that this, or equivalent, choices will be made on a daily basis throughout the healthcare system.

To this end, the SoS is given power to provide such services as he or she considers appropriate for the purpose of discharging his or her duties under the Act and to do anything: ‘which is calculated to facilitate, or is conducive or incidental to, the discharge of such a duty’. Thus, the Act does not guarantee a boundless provision of services for all – it foresees no more than the effective provision of services. Moreover, there is no bottomless financial pit – the SoS is empowered to provide such services as he or she regards as appropriate to the task and, clearly, this carries with it collateral powers of discretion as to what is appropriate given the overall facilities at his or her disposal.

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