The Legitimacy of Medical Treatment: What Role for the Medical Exception? (Biomedical Law and Ethics Library)

La 4e de couverture indique : "Whenever the legitimacy of a new or ethically contentious medical intervention is considered, a range of influences will determine whether the treatment becomes accepted as lawful medical treatment. The development and introduction of abortion, organ donation, gender reassignment, and non-therapeutic cosmetic surgery have, for example, all raised ethical, legal, and clinical issues. This book examines the various factors that legitimatise a medical procedure. Bringing together a range of internationally and nationally recognised academics from law, philosophy, medicine, health, economics, and sociology, the book explores the notion of a treatment, practice, or procedure being proper medical treatment, and considers the range of diverse factors which might influence the acceptance of a particular procedure as appropriate in the medical context. Contributors address such issues as clinical judgement and professional autonomy, the role of public interest, and the influence of resource allocation in decision-making. In doing so, the book explores how the law, the medical profession, and the public interact in determining whether a new or ethically contentious procedure should be regarded as legitimate. This book will be of interest and use to researchers and students of bioethics, medical law, criminal law, and the sociology of medicine." Cover......Page 1 Title......Page 8 Copyright......Page 9 Dedication......Page 10 Contents......Page 12 Acknowledgements......Page 14 Notes on contributors......Page 16 1 Introduction......Page 20 2 Transforming wrong into right: What is ‘proper medical treatment’?......Page 31 3 What do we mean by ‘proper’ medical treatment?......Page 51 4 Papist potions and electric sex: A historical perspective on ‘proper medical treatment’......Page 70 5 Moralising medicine: ‘Proper medical treatment’ and the role of ethics and law in medical decision-making......Page 87 6 Family perspectives on ‘proper medical treatment’ for people in prolonged vegetative and minimally conscious states......Page 105 7 The medical exception and cosmetic surgery: Culpable doctors and harmful enhancement?......Page 124 8 Locating lawful abortion on the spectrum of ‘proper medical treatment’......Page 143 9 Death on demand: ‘Proper medical treatment’?......Page 161 10 Doctors’ orders? Analysing appropriate medical treatment in mental health law......Page 179 11 The economics of ‘proper medical treatment’......Page 202 12 Rationing, resource allocation, and appropriate medical treatment......Page 216 13 Comments and reflections on ‘proper medical treatment’: a case for coherent inconsistency......Page 235 Bibliography......Page 254 Index......Page 272 Whenever the legitimacy of a new or ethically contentious medical intervention is considered, a range of influences will determine whether the treatment becomes accepted as lawful medical treatment. The development and introduction of abortion, organ donation, gender reassignment, and non-therapeutic cosmetic surgery have, for example, all raised ethical, legal, and clinical issues. This book examines the various factors that legitimatise a medical procedure.Bringing together a range of internationally and nationally recognised academics from law, philosophy, medicine, health, economics, and sociology, the book explores the notion of a treatment, practice, or procedure being proper medical treatment, and considers the range of diverse factors which might influence the acceptance of a particular procedure as appropriate in the medical context. Contributors address such issues as clinical judgement and professional autonomy, the role of public interest, and the influence of resource allocation in decision-making.Chapter 6 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 3.0 license. Whenever the legitimacy of a new or ethically contentious medical intervention is considered, a range of influences will determine whether the treatment becomes accepted as lawful medical treatment. The development and introduction of abortion, organ donation, gender reassignment, and non-therapeutic cosmetic surgery have, for example, all raised ethical, legal, and clinical issues. This book examines the various factors that legitimatise a medical procedure. Bringing together a range of internationally and nationally recognised academics from law, philosophy, medicine, health, economics, and sociology, the book explores the notion of a treatment, practice, or procedure being proper medical treatment, and considers the range of diverse factors which might influence the acceptance of a particular procedure as appropriate in the medical context. Contributors address such issues as clinical judgement and professional autonomy, the role of public interest, and the influence of resource allocation in decision-making. Chapter 6 of this book is freely available as a downloadable Open Access PDF at under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 3.0 license.