Despite the fact the abortion is an extremely broad topic, this study will conduct a concentrated analysis which focuses upon the law’s approach to abortion. Company Registration No: 4964706. Farrell, AM & Devaney, S 2007. Could this lead to the conclusion that we may also kill for beauty? Thus, the following examination will explore the English case, the Oregon approach and the Dutch model, in order to determine if a more persuasive approach can be taken. This study will assess the cases leading up to, and more importantly following the decision because they signify the difficulties that the courts have encountered in arriving at a suitable stance on the issue. 519. Current problems encircling the range and application of the Suicide Act 1961 in relation to aiding and abetting suicide have shed light on concerns for future legalisation of assisted suicide. A variety of improvements and reforms will be proposed, all of which seek to eradicate current problems in the system. Smartt, U 2009. ‘Scientific Research is a Moral Duty’, Journal of Medical Ethics, vol. We also have a number of samples, each written to a specific grade, to illustrate the work delivered by our academic services. More than purely legislative in scope, organ retention poses a variety of ethical questions, namely those of consent, rights, and interests. Despite its critics, the need for medical research has never been completely eradicated; our desire to perpetually exist thus comes into direct conflict with our desire to live free and unhindered lives. 10, no. To Err Is Human: Building a Safer Health System, London: National Academy Press. Morgan, D 2001. 173, no. Understanding Human Goods, Edinburgh: Edinburgh University Press. This study will seek to explain the reasoning behind important and landmark decisions, and evaluate how damages, if rewarded, are calculated. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. A gateway to online resources, including federal, state, and international health law, health law topics, legal and medical journals and newsletters, legal and medical agencies and organizations, and relevant discussion groups. Beckwith, FJ 2007. What are the boundaries and how have they shifted over time? The law of consent is stringently applied in the case of competent adults; albeit the rights of the child and mentally disabled are far more eroded. The frontiers that have been endlessly conquered by medical research are coming to know fewer and fewer bounds. 29, no. Blackford, R 2006. It is clear that the greater the medical benefits promised, the higher the ethical hurdles such treatment and research must overcome. ‘Path Dependence and Value-Driven Issues: The Comparative Politics of Stem Cell Research’, World Politics, vol. Hursthouse, R 1991. It will ultimately be demonstrated that individual rights can be balanced against the collective good of society; a balance which has already been attempted in current legislation. The resulting legislation was the Human Tissue Act 2004; a provisions that has received as much praise as it has criticism. This study will attempt to weigh the life of the unborn foetus I relation to embryonic stem cell research and the benefits to be gain by such research. ‘Misconceptions about Wrongful Conception’, Michigan Law Review, vol. VAT Registration No: 842417633. When applied to the possibility of non-consensual medical research, this observation becomes all the more important in terms of determining which element is the most valued. 96, no. Brantley, JR 1976. ‘Making Amends or Making Things Worse? The legal and ethical principles of medicine are covered which provokes all kind of engaging debates. Bennion, FAR 2009. Yet are such fears based on erred assumptions of abuse and mistaken definitions as to the sanctity of life? 8, no. This study will explore the inevitability of the legalisation of assisted suicide and evaluate how such legislation can safeguard society against abuse and error. The approaches to duty and causation have been criticised as creating a model that is overly narrow, which requires reconsideration of the approach to ensure that justice for the patient is achieved. Free resources to assist you with your legal studies! Banchoff, T 2005. Any opinions, findings, conclusions or recommendations expressed in this material are those of the author and do not necessarily reflect the views of LawTeacher.net. This study will explore the issues concerning organ retention, evaluating the arguments both for and against legalisation in a bid to arrive at a plausible proposal. The relatively new existence of stem cell research has caused the debate to ignite further, as new techniques promise endless potential yet threaten the lives of others. When applied to the deceased the issue becomes all the more delicate and complex. Callahan, D & Keown, J 1995. Hoyano, L 2002. 109. Re-Thinking Abortion: Psychology, Gender, Power and the Law, London: Routledge. This study will address this particularly taxing topic, and evaluate whether the rights and interests of the father can be implemented when the mother wishes to terminate the pregnancy. In the UK it has been argued that the clinical negligence litigation system is too cumbersome, complex and costly. This study will explore how the law deals with the interests of the community in relation to medical research. ‘Stem Cell Research on other Worlds, or why Embryos do not have a Right to Life’, Journal of Medical Ethics, vol. ‘When Father’s Rights are Mother’s Duties: The Failure of Equal Protection in Miller v Albright’, Yale Law Journal, vol. Issues pertaining to justice, rights and the absoluteness of the sanctity of life will be critically evaluated, though it will be ultimate demonstrated that it would be an abuse of the sanctity of life to uphold it in situations where an individual wishes to die. Can such research be permitted on moral grounds? Do theories of justice and rights support or contend abortion? It is predicted that such legislation will be extremely restrictive in nature and scope to ease fears of abuse, though whether such rigour is desirable will be questioned. This has indeed furnished useful debate which has greatly weakened and convincingly undermined the sanctity of life as an absolute principle. In-house law team. Issues in Medical law and Ethics, London: Cavendish. ‘Euthanasia and the Law’, Criminal Law and Justice Weekly, vol. The increased complexity and ever-revealed benefits of medical research have in turn increased the delicacy of ethical issues related to this topic. This dissertation topic will explore the duty of care in the Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 and Bolitho v City and Hackney Health Authority [1997] 4 All ER 771 cases to determine if the patient is adequately protected from negligence medical practitioners. Harris, J 2005. Gewirth, A 1989. Consequently, medical law and ethics dissertation topics follow a wide range of subject areas within the scope of medicine and its practice in a socio-legal context. 109, no. Causing Death and Saving Lives, New York: Penguin. This approach immediately attracts criticism, particularly since the passing of the Abortion Act 1967. Similarly, introducing rigid legal rules will unnecessarily restrict the ability of judges to approach issues on a case by case basis. A critical evaluation of the alternative will be explored in order to arrive at a conclusion as to which option is the most suitable for healthcare cases. This in itself requires complex analysis, though it provides the basis upon which evaluation can proceed. Clinical Negligence Reform and Patient Redress in England’, Legal Studies, vol. Indeed, medical malpractice litigation has cost both the NHS and patients considerable time and expense. Kennedy, I & Grubb, A 2000. The case of Emeh floats amongst a sea of decisions relating to the right of parents to seek damages for the birth of an unwanted child. 27, no. Following a number of shocking incidents in which organs were removed from dead patients without the consent of family members, the process of more closely regulating organ retention began. Rights Talk: The Impoverishment of Political Discourse, New York: Free Press. Glover, J 1977. Abortion and the Law: From International Comparison to Legal Policy, Cambridge: Cambridge University Press. Mediating Medical Negligence Claims: An Option for the Future?, London: The Stationary Office. Both the social and legal arenas have struggled to take reasoned stances on whether medical research can be justified. As the curse of assisted suicide looms over Parliament, the debate has become increasingly heated in relation to whether or not it should be legalised. Finnis, JM 1993. Medical Law and Ethics, 3rd ed, New York: Oxford University Press. Are they likely to shift even more, and which direction are they likely to take?
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