Jose Miola – författare

This insightful Research Handbook examines the persistent tensions between medical practitioners and patients in the context of consent. Experts contributors from legal, philosophical and medical fields explore the impact of the Supreme Court's 2015 decision in Montgomery v Lanarkshire Health Board through a variety of lenses.Chapters cover the safety dimensions of consent, as well as the role of objective perspectives, autonomy and dignity. They address medical consent in research and innovative treatments in different jurisdictions, focusing on areas where varied interests are not easily resolved, such as abortion, end of life care, mental capacity and the treatment of children and older people. The Research Handbook also highlights the difficulties of applying legal and ethical rules of consent in the setting of Emergency departments.This is an essential resource for students and academics specialising in health law, philosophy and ethics and for those interested in the tensions of informed medical consent. It is also a beneficial guide for medical and legal practitioners, presenting crucial insights into the practicalities of implementing legal regulations around medical consent.

A focus on the interplay between medical law and medical ethics makes this refreshing new textbook the most balanced approach available to students of law and medicine. By offering a unique chapter structure which gives equal weight to both the legal and ethical issues it allows for an appreciation of all factors at play in the field of medical law. In addition, its student-friendly writing style combined with critical analysis gives students the tools to engage with key issues and form their own understanding. Accompanying online case studies convey the law in practice, and encourage students to consider their own views and arguments in terms of legal analysis and ethical consideration. Coverage of recent judicial cases and statutes, with a good balance of factual detail and critical analysis, allows students to engage with this evolving discipline.

A focus on the interplay between medical law and medical ethics makes this refreshing new textbook the most balanced approach available to students of law and medicine. By offering a unique chapter structure which gives equal weight to both the legal and ethical issues it allows for an appreciation of all factors at play in the field of medical law. In addition, its student-friendly writing style combined with critical analysis gives students the tools to engage with key issues and form their own understanding. Accompanying online case studies convey the law in practice, and encourage students to consider their own views and arguments in terms of legal analysis and ethical consideration. Coverage of recent judicial cases and statutes, with a good balance of factual detail and critical analysis, allows students to engage with this evolving discipline.

This edited collection is designed to explore the ethical nature of judicial decision-making, particularly relating to cases in the health/medical sphere, where judges are often called upon to issue rulings on questions containing an explicit ethical component. However, judges do not receive any specific training in ethical decision-making, and often disown any place for ethics in their decision-making. Consequently, decisions made by judges do not present consistent or robust ethical theory, even when cases appear to rely on moral claims.The project explores this dichotomy by imagining a world in which decisions by judges have to be ethically as well as legally valid. Nine specific cases are reinterpreted in light of that requirement by leading academics in the fields of medical law and bioethics. Two judgments are written in each case, allowing for different views to be presented. Two commentaries - one ethical and one legal - then explore the ramifications of the ethical judgments and provide an opportunity to explore the two judgments from additional ethical and legal perspectives. These four different approaches to each judgment allow for a rich and varied critique of the decisions and ethical theories and issues at play in each case.

This edited collection is designed to explore the ethical nature of judicial decision-making, particularly relating to cases in the health/medical sphere, where judges are often called upon to issue rulings on questions containing an explicit ethical component. However, judges do not receive any specific training in ethical decision-making, and often disown any place for ethics in their decision-making. Consequently, decisions made by judges do not present consistent or robust ethical theory, even when cases appear to rely on moral claims.The project explores this dichotomy by imagining a world in which decisions by judges have to be ethically as well as legally valid. Nine specific cases are reinterpreted in light of that requirement by leading academics in the fields of medical law and bioethics. Two judgments are written in each case, allowing for different views to be presented. Two commentaries - one ethical and one legal - then explore the ramifications of the ethical judgments and provide an opportunity to explore the two judgments from additional ethical and legal perspectives. These four different approaches to each judgment allow for a rich and varied critique of the decisions and ethical theories and issues at play in each case.

This insightful Research Handbook examines the persistent tensions between medical practitioners and patients in the context of consent. Experts contributors from legal, philosophical and medical fields explore the impact of the Supreme Court’s 2015 decision in Montgomery v Lanarkshire Health Board through a variety of lenses.Chapters cover the safety dimensions of consent, as well as the role of objective perspectives, autonomy and dignity. They address medical consent in research and innovative treatments in different jurisdictions, focusing on areas where varied interests are not easily resolved, such as abortion, end of life care, mental capacity and the treatment of children and older people. The Research Handbook also highlights the difficulties of applying legal and ethical rules of consent in the setting of Emergency departments.This is an essential resource for students and academics specialising in health law, philosophy and ethics and for those interested in the tensions of informed medical consent. It is also a beneficial guide for medical and legal practitioners, presenting crucial insights into the practicalities of implementing legal regulations around medical consent.

This insightful Research Handbook examines the persistent tensions between medical practitioners and patients in the context of consent. Experts contributors from legal, philosophical and medical fields explore the impact of the Supreme Court's 2015 decision in Montgomery v Lanarkshire Health Board through a variety of lenses.Chapters cover the safety dimensions of consent, as well as the role of objective perspectives, autonomy and dignity. They address medical consent in research and innovative treatments in different jurisdictions, focusing on areas where varied interests are not easily resolved, such as abortion, end of life care, mental capacity and the treatment of children and older people. The Research Handbook also highlights the difficulties of applying legal and ethical rules of consent in the setting of Emergency departments.This is an essential resource for students and academics specialising in health law, philosophy and ethics and for those interested in the tensions of informed medical consent. It is also a beneficial guide for medical and legal practitioners, presenting crucial insights into the practicalities of implementing legal regulations around medical consent.

combine to form a cohesive unit, and do they benefit each other? It may be argued that they do not, but rather suffer a symbiotic relationship, clashing rather than cooperating. This book examines this relationship, and how the law sees medical ethics. It then considers whether medical ethics functions in the way that the law thinks that it does. After providing a historical perspective that identifies medical ethics discourse as disjointed and fragmented, the book continues by examining key medico-legal case law and reports that have an inherent ethical content for clues as to how they define medical ethics and its role. It also considers how medical ethics sees the law, concluding that a misapprehension by each party as to what the other does creates a mutually harmful relationship between them.

Medical law and ethics are frequently referred to in conjunction, and appear together in many textbooks. But do they combine to form a cohesive unit, and do they benefit each other? It may be argued that they do not, but rather suffer a symbiotic relationship, clashing rather than cooperating. This book examines this relationship, and how the law sees medical ethics. It then considers whether medical ethics functions in the way that the law thinks that it does. After providing a historical perspective that identifies medical ethics discourse as disjointed and fragmented, the book continues by examining key medico-legal case law and reports that have an inherent ethical content for clues as to how they define medical ethics and its role. It also considers how medical ethics sees the law, concluding that a misapprehension by each party as to what the other does creates a mutually harmful relationship between them.