Medical Law: Text, Cases, and Materials

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Medical Law: Text, Cases, and Materials

Medical Law: Text, Cases, and Materials

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So I got there by myself. The second or third day, while I—maybe the second day—after arriving in New Delhi I had a consultation with Dr I (India). They had done a blood test. She said that my [hormone] level was too high; too high or too low, I can’t remember, but as far as she’s concerned it would just be a complete waste of time to do an IVF treatment on me. Rethinking the Preconception Welfare Principle’ in K Horsey and H Biggs (eds) Human Fertilisation and Embryology: Reproducing Regulation (Routledge Cavendish, 2006) 47-67 nonphysicians hear the word ‘treatable’ as conveying good news about the future, thereby inspiring hope and encouraging further treatment. In contrast, physicians use the word ‘treatable’ in a technical sense, to convey that they have an action or intervention available, which does not necessarily imply an improved prognosis or quality of life. 83 Some of our interviewees from Australian jurisdictions where criminal prohibitions on commercial surrogacy have extra-territorial effect took a calculated gamble. Isaac and his partner Gordon entered into a surrogacy arrangement in Thailand. They understood that they were breaking the law but believed that, because so many other families had not been punished or detected, that they too would be unaffected:

The COVID-19 pandemic and its implications are covered throughout, including new sections on pandemic rationing and public health in a pandemic, COVID-19 vaccines for children, and clinical trials in a pandemic For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more. Using information disclosure as a consumer protection technique rests on the assumption that the average consumer has the capacity to process information and act on it, and that it is only atypical vulnerable consumers who need special protection. Yet, as Howells points out, ‘The truth is that we are all to some extent vulnerable, because of the limitations of the human mind.’ 50 Oren-Gill and Ben-Shahar explain that:With Jonathan Herring and Sally Sheldon, ‘Would decriminalisation of abortion mean deregulation?’ in Sally Sheldon (ed) What would it Mean to Decriminalise Abortion in the UK? The Evidence (Policy Press, 2020) 57-76 Healthcare professionals may face particular difficulties in communicating about uncertainty and the risk of failure. 78 The tendency discussed earlier for people to be over-optimistic when presented with information about risk has also been studied in the medical context. When doctors express prognostic uncertainty, it is common for patients to ‘mistakenly place themselves in the most optimistic prognostic group’ 79; or to ‘view hazards as more risky for other people than for themselves’. 80 Where a treatment has a low chance of success, it is not necessarily sufficient for a doctor simply to alert the patient to this. Optimism bias and the fact that the doctor is willing to proceed with treatment in their case, may encourage patients to believe that their treatment is likely to succeed. 81 After years of unsuccessful IVF in Australia, Leah travelled to Greece to undergo IVF and egg donation. She explained that her GP in Australia was helping her: Medical decisions may also be more difficult than the decision to buy a new product, involving, as Epstein puts it, ‘a series of complex trade-offs’: In practice, de facto tolerance of the evasion of reproductive travellers may be inevitable; as one of Culley et al’s respondents put it: ‘what are you going to do, confiscate their passports?’ 40 But whether characterised as a pluralistic ‘safety value’ 41 or as out-and-out hypocrisy, 42 there is at the very least a mixed message being sent about the status of the extra-territorial prohibition of international commercial surrogacy. IV. INTERNET-ASSISTED REPRODUCTION AND THE UBIQUITY OF FACEBOOK

In this journal, Arvind and McMahon have drawn attention to one way in which the judgment in Montgomery, in fact, diverges from the GMC’s partnership model of decision making. 8 Lords Kerr and Reed pointed to the increasing tendency to regard patients as rights holders, and ‘as consumers exercising choices’, 9 to whom what looks like the principle of caveat emptor might sometimes apply: With Huseyin Naci et al ‘Generating comparative evidence on new drugs and devices before approval’ (2020) 395 The Lancet 986-997. Statutory regulation of PGD: unintended consequences and future challenges' in Sheila McLean Preimplantation Genetic Diagnosis: A Comparative and Theoretical Analysis (Routledge, 2012) 71-88. First, the distinction between so-called ‘altruistic’ and ‘commercial’ gamete donation and surrogacy is increasingly unsustainable in law and policy. 19 Further, this division of practices is not experienced as meaningful by many participants in CBR, and is openly rejected by some.Seroxat and the suppression of clinical trial data: regulatory failure and the uses of legal ambiguity' Journal of Medical Ethics 2009;35:107-112 (with L. McGoey) Extracts from a wide variety of academic materials ensure students acquire an overview of a range of different perspectives

Childless by circumstance – Using an online survey to explore the experiences of childless women who had wanted children' Reproductive Biomedicine and Society Online (2021) Vol.12 pp.44-55 (with Dilan Chauhan and Joyce C. Harper) Extensive past experience in consumer protection suggests that standard consumer ‘informed consent’ techniques fail. They are not read nor used, and they are beyond most people’s care or understanding… People do not pay attention to standard forms, neither long nor short, in plain language or in legalese, written or oral, separately signed or unified into one document, handed out in advance or ex post. 51 One is I knew that technically by the law of New South Wales, we were breaking that law. [Another parent] kind of put my feelings in that regard at ease in saying "well, if they arrest you for it, they’re going to arrest hundreds of other people who have done exactly the same thing that you’re thinking of doing", which made me feel better about being more open about it. Linda Mulcahy 'The Market for Precedent: Shifting Visions of the Role of Clinical Negligence Claims and Trials' Medical Law Review(2014) 22 (2) pp.274-290Of course, there are multiple and significant differences between information disclosures which are made before a consumer enters into a contract with a retailer, and the information patients receive before they give consent to medical treatment. Consenting to surgery is indubitably not like buying a new phone. Doctors (and other healthcare professionals) owe professional obligations towards their patients which are unlike retailers’ contractual duties towards their customers. Information disclosures to consumers are also standardised, whereas doctors are under a duty to tailor information to the needs of the individual patient.



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