By Sheila A. M. McLean
This ebook is a set of essays from best figures within the box of clinical legislations and ethics in honour of Professor Ken Mason, probably the most eminent students within the sector. The wide-ranging contents and the status of the participants suggest that this assortment may be a useful source for someone learning or operating in scientific legislations or clinical ethics.
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Additional resources for First Do No Harm: Law, Ethics, And Healthcare (Applied Legal Philosophy)
W. Norton & Co, 1978. R (on the application of Burke) v. General Medical Council, (2004) 79 BMLR 126. Burke v. GMC  EWCA Civ 1003 (28 July 2005). Re C (adult: refusal of treatment) (1994) 15 BMLR 77. Medical Ethics: Hippocratic and Democratic Ideals 35 The claim that end of life decisions should be made not by doctors but by patients is also an oversimplification because the view now consistently expressed by the medical profession is that such decisions should be taken not either by doctors or by patients, but by doctors and by patients, consulting other relevant professionals and, in the case of incompetent patients, their families or designated proxy decisionmakers.
If I see you drop a wallet on the way out of the room, there is no need for an expert to tell me what I ought to do. The main context in which moral expertise might be shown may be that of the expert committee set up to deal with a problem generated by the new technology. I shall not here go into what would be appropriate qualifications for membership of such a committee, or what might disqualify. Clearly, some knowledge of the technicalities and/or some analytical skills might count as qualifications (albeit not sufficient ones) and a vested interest might be a disqualification.
Failures in medical law would be identified not so much in relation to what is permitted to occur, but in the way key protagonists are disempowered. The law should protect both patients’ and professionals’ rights to exercise their judgment and prevent outsiders from dictating to them what should happen. This is something different from consumerism because it recognises the moral integrity of health professionals as well as patients. It preserves a degree of private space, but is compatible with external regulation on the ‘harm principle’ in extreme cases where such harm can be clearly demonstrated and on the basis of human rights where those are clearly defined.