Current demographic trends tend towards an increase in the number of elderly people becoming incapable of protecting their own interests due to an impairment or insufficiency of their personal faculties. In addition, the circumstances in which adults become incapacitated are increasingly numerous. The recommendation covers both continuing powers of attorney and advance directives and focuses on aspects such as content, appointment and role of the attorney, form, entry into force, revocation and termination. In contrast to existing instruments in this field, this recommendation brings something new to the table, as it deals primarily with decisions made privately by the persons concerned. Self-determination, according to this instrument, implies that the granters, to a large extent, are free to make decisions regarding their future life.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
For patients and their loved ones, no care decisions are more profound than those made near the end of life. Unfortunately, the experience of dying in the United States is often characterized by fragmented care, inadequate treatment of distressing symptoms, frequent transitions among care settings, and enormous care responsibilities for families. According to this report, the current health care system of rendering more intensive services than are necessary and desired by patients, and the lack of coordination among programs increases risks to patients and creates avoidable burdens on them and their families. Dying in America is a study of the current state of health care for persons of all ages who are nearing the end of life. Death is not a strictly medical event. Ideally, health care for those nearing the end of life harmonizes with social, psychological, and spiritual support. All people with advanced illnesses who may be approaching the end of life are entitled to access to high-quality, compassionate, evidence-based care, consistent with their wishes. Dying in America evaluates strategies to integrate care into a person- and family-centered, team-based framework, and makes recommendations to create a system that coordinates care and supports and respects the choices of patients and their families. The findings and recommendations of this report will address the needs of patients and their families and assist policy makers, clinicians and their educational and credentialing bodies, leaders of health care delivery and financing organizations, researchers, public and private funders, religious and community leaders, advocates of better care, journalists, and the public to provide the best care possible for people nearing the end of life.
This volume gives an overview on the currently debated ethical issues regarding advance directives from an international perspective. It focuses on a wider understanding of the known and widely accepted concept of patient self-determination for future situations. Although advance directives have been widely discussed since the 1980s, the ethical bases of advance directives still remain a matter of heated debates. The book aims to contribute to these controversial debates by integrating fundamental ethical issues on advance directives with practical matters of their implementation. Cultural, national and professional differences in how advance directives are understood by health care professions and by patients, as well as in laws and regulations, are pinpointed.
By providing an interdisciplinary reading of advance directives regulation in international, European and domestic law, this book offers new insights into the most controversial legal issues surrounding the debate over dignity and autonomy at the end of life.
The Oxford Handbook of Comparative Health Law addresses some of the most critical issues facing scholars, legislators, and judges today: how to protect against threats to public health that can quickly cross national borders, how to ensure access to affordable health care, and how to regulate the pharmaceutical industry, among many others. When matters of life and death literally hang in the balance, it is especially important for policymakers to get things right, and the making of policy can be greatly enhanced by learning from the successes and failures of approaches taken in other countries. Where there are "common challenges" in law and health, there is much to be gained from experiences elsewhere. Thus, for example, countries that suffered early from the COVID-19 pandemic provided valuable lessons about public health interventions for countries that were hit later. Accordingly, the Handbook considers key health law questions from a comparative perspective. In health law, common challenges are frequent. In addition to ones already mentioned, there are questions about addressing the social determinants of health (e.g., poverty and pollution), organizing health systems to optimize use of available resources, ensuring that physicians provide care of the highest quality, protecting patient privacy in a data-driven world, and properly balancing patient autonomy with the interest in preserving life when reproductive and end-of-life decisions are made. This Handbook's wide scope and comparative take on health law are particularly timely. Economic globalization has made it increasingly important for different countries to harmonize their legal rules. Students, practitioners, scholars, and policymakers need to understand how health laws vary across national boundaries and how reforms can ensure a convergence toward an optimal set of legal rules, or ensure that specific legal arrangements are needed in particular contexts. Indeed, comparative analysis has become essential for legal scholars, and The Oxford Handbook of Comparative Health Law is the only resource that provides such an analysis in health law.
This unique Irish law book is a core text for any student of medicine, dentistry, radiography, physiotherapy, psychiatry or nursing, as well as legal practitioners advising clients in this area. Medical Law in Ireland (originally titled: Clinical Practice and the Law) brings together all applicable Irish law in an easy-to-read style and provides clear day-in day-out guidance for clinical practitioners, students and legal practitioners working in Ireland. This new edition sees an added emphasis on those areas of interest to legal practitioners, however there remains a wealth of information for those working in medical fields. Of particular note in this regard are the chapters on Clinical Negligence, Consent to Medical Treatment, End of Life, and Coroners Law and Other Issues arising after Death. These are all given in-depth treatments which provide the necessary information for those in day-to-day practice as well as those with an academic interest. Recent legislative changes are taken into account such as 2015's Montgomery vs Lanarkshire Health Board, as well as cases from the Medical Council. The two chapters on mental health reflect the growing importance need for clarity in this area. Author Simon Mills trained and qualified first as a doctor before moving into law. Now a barrister, he has specialized in medical law and brings both aspects of his experience to his work. His areas of particular interest are in clinical negligence, professional regulatory law, mental capacity and coroners' inquests.
This book examines the ethics of end of life care, focusing on the kinds of decisions that are commonly made in clinical practice. Specific attention is paid to the intensification of treatment for terminal symptoms, particularly pain relief, and the withdrawal and withholding of care, particularly life-saving or life-prolonging medical care. The book is structured into three sections. The first section contains essays examining end of life care from the perspective of moral theory and theology. The second sets out various conceptual terms and distinctions relevant to decision-making at the end of life. The third section contains chapters that focus on substantive ethical issues. This format not only provides for a comprehensive analysis of the ethical issues that arise in the context of end of life care but allows readers to effectively trace the philosophical, theological and conceptual underpinnings that inform their specific interests. This work will be of interest to scholars working in the area as well as clinicians, specialists and healthcare professionals who encounter these issues in the course of their practice.
This book reflects on the many contributions made in and to European bioethics to date, in various locations, and from various disciplinary perspectives. In so doing, the book advances understanding of the academic and social status of European bioethics as it is being supported and practiced by various disciplines such as philosophy, law, medicine, and the social sciences, applied to a wide range of areas. The European focus offers a valuable counter-balance to an often prominent US understanding of bioethics. The volume is split into four parts. The first contains reflection on bioethics in the past, present and future, and also considers how comparison between countries and disciplines can enrich bioethical discourse. The second looks at bioethics in particular locations and contexts, including: policy, boardrooms and courtrooms; studios and virtual rooms; and society, while the third part explores the translation of theories and concepts of bioethics into the clinical setting. Chapter 10 of this book are freely available as downloadable Open Access PDFs under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9780415737197_oachapter10.pdf
This book provides a substantial overview of the discipline of private international law viewed from a global perspective. The guide is divided into 4 key sections. Theory Institutional and Conceptual Framework Issues Civil and Commercial Law (apart from Family Law) Family Law Each chapter is written by a leading expert(s). The chapters address specific areas/aspects of private international law and consider the existing global solutions and the possibilities of improving/creating them. Where appropriate, the chapters are co-authored by experts from different legal perspectives in order to achieve as balanced a picture as possible. The range of contributions includes authors from Europe, North America, Latin America, Africa, Asia and Oceania. An essential resource for academics, practitioners and students alike.
