This title was first published in 2003. The fulfilment of health care rights in a world where resources are scarce is a prominent issue. In this volume, Frances H. Miller introduces studies on a wide variety of aspects of this important yet complex process.
Table of Contents
Contents: Introduction - patient rights and health care resources: two sides of an irregular coin. Part I: The Rights/Resources Relationship: Shifting paradigms in bioethics and health law: the rise of a new pragmatism, Susan M. Wolf ; The empire of death: how culture and economics affect informed consent in the US, the UK and Japan, George J. Annas and Frances H. Miller. Part II: Patient Rights: Informed Consent: Bye-Bye Bolam: a medical litigation revolution?, Margaret Brazier and José Miola; Rogers v. Whitaker and informed consent in Australia: a fair dinkum duty of disclosure, Don Chalmers and Robert Schwartz. Reproductive Rights: Frozen Embryos: Disputing over embryos: of contracts and consents, Ellen A. Waldman. Posthumous Reproduction: Posthumous reproduction and the meanings of autonomy, Belinda Bennett. Research Subjects' Rights: The suppressed legacy of Nurumberg, Robert A. Burt; Research in developing countries: taking 'Benefit' seriously, Leonard H. Glantz, George J. Annas, Michael A. Grodin and Wendy K. Mariner; Experimental treatment: oxymoron or aspiration?, Nancy M.P. King. Genetics: The control of genetic research: involving the 'Groups Between', Henry T. Greely; How will we regulate genetic enhancement?, Maxwell J. Mehlman. Balancing Rights: Individuals v. Society: Public health and private lives, Margaret Brazier and John Harris. Part III: Health Care Resources: Resource Allocation Theory: Justice in the distribution of health care, Ronald Dworkin; Symbols, rationality, and justice: rationing health care, Daniel Callahan; Limits to health care: fair procedures, democratic deliberation, and the legitimacy problem for insurers, Norman Daniels and James Sabin. Property Rights in Health Care Resources: Can patents deter innovation? The anticommons in biomedical research, Michael A. Heller and Rebecca S. Eisenberg; Human tissue: rights in the body and its parts, Gerald Dworkin and Ian Kennedy. Legislative and Judicial Approaches to Resource Allocation: Resource allocation in the National Health Service, Christopher Newdick; Health care rationing in the courts: a comparative study, Timothy Stoltzfus Jost. Resource Allocation and Vulnerable Groups: Life style, health status, and distributive justice, Robert L. Schwartz; De facto health-care rationing by age: the law has no remedy, Marshall B. Kapp; Name index.
'Frances Miller has edited a fascinating set of essays on a very wide range of medical controversies... the essays are first-rate, both articulate in advocacy and respectful of understandable differences of philosophical conviction. This book is ideal for sketching the range of disputes in medical care's ethical universe.' Theodore R. Marmor, Professor of Public Policy & Management, Professor of Political Science, Yale University, USA 'Rights talk is all too often muddled talk. This collection of papers examining various aspects of rights - to information, to resources and so on - provides a welcome example of how analytic rigour can dispel verbal fog. It is all the more welcome because although written by lawyers it is not written just for lawyers. The editors have produced a text which is accessible and enlightening for all those who take a general interest in health policy.' Rudolf Klein, Emeritus Professor of Social Policy, University of Bath, Visiting Professor at LSE and London School of Hygiene, UK 'This book brings together some of the most provocative and interesting writing of the past decade on the subject of health care resources and the important issues of who should be able to claim rights related to those resources (and who should not), and why. Taken together, the collection illuminates how medical ethics and the law are addressing the important dilemmas and challenges facing health care in the 21st century.' Eleanor D. Kinney, Professor of Law and Co-Director of the Center for Law and Health, Indiana University, USA