1st Edition

The Law and Medicine Friend or Nemesis?

By Robert Mark Jaggs-Fowler Copyright 2013

    The work draws together a rich tapestry of material across many different disciplines, covering the crucial relationship between medicine and law from the early apothecaries to the modern-day general practitioner. It presents an invaluable overview of the subject and offers vital background reading to anyone interested in medico-legal medicine, as well as providing a springboard for students of medicine and law interested in researching the field through its remarkable diversity of reference resources.

    Preface. About the editor. Acknowledgements. Permissions. Introduction. Prince Metternich. Medicine and Law's Relationship. Medical Curriculum. Overview of History. Self-Regulation. Primary Legislation. Secondary Legislation. Common Law. Sir William Garrow. Apothecaries Act 1815. Development of Legal Boundaries. Professional Membership. Quacks. Materiae Philosophicae. Rousseau. The Social Contract. Rights of Man. Convention of Human Rights. The Human Rights Act. American Constitution. Consent. Standards of Care. Confidentiality - Freedom. Society. General Will . Autonomy. Kant. Free Will. A J Cronin. Bevan. Medicine, Law and Society. George Crabbe - Relationship between Medicine, Law and Society. 'Medico-legal'. Hemingway. Medico-Legal Boundaries. Advances in Medical Science. European Law. Illich. Medicine as a Nemesis. Professional Monopoly. Deprofessionalisation of Healthcare - Nature of Professions. Being Professional. Professional Society. The Victorian Mandate. Litigation. Ethical Codes. Disciplinary Codes.  GMC. NCAS. The Ancients' Perspective of Medicine: Doctors and the Law From 400 BCE to 1700 CE. Hippocrates. Hippocratic Oath. Aristotle - Galen. Roman Law. Religious Texts. Ancient Persia. Code of Hammurabi. Dark Ages. Tudor Law. Henry V. Henry VIII. Role Of the Church. Royal College of Physicians. Apothecaries. Barber Surgeons. 16th and 17th Century Case Law. Restrictive Practice. Doctor Bonham. Doctor Tenant. Doctor Trigg. The Evolution and Legal Recognition of the General Medical Practitioner. Jean Paul Sartre. Quacks. Licences to Practice. Archbishop of Canterbury . Peter's Pence Act. 18th Century Punishment for Unlicensed Practise. College of Physicians v Rose. Society of Apothecaries. Apothecaries Act 1815 - Four Principles. Autonomy. Justice. Benevolence. Non-malevolence. Charter of James I. Poor Law Unions. General Practitioners. Pharmacy Bill 1851. Medical Act 1858. The Impact of the Common Law on the Practise of Medicine. Alexander Pope. Nature of Common Law. Doctrine of Precedent. Reasonable Man. House of Lords. Legal Perspective on Moral Issues - Re MB. Re T. Lord Donaldson. Lord Denning. Re W -Roe v Minister of Health - Hatcher v Black. Bolam. Bolam Test - Bolitho. Chester v Afshar. Informed Consent. 'But For' Test. Clinical Negligence. Sidaway. Gregg v Scott. Contraception for Minors - Gillick. Gillick Competence. Fraser Rules. B (a child) - Mohr v Williams. Brishett v Cowan. Tort of Battery. Burke v GMC. Airedale Trust v Bland. Withdrawal of Life-sustaining Treatment . The Impact of Statute Law on the Practise of Medicine. Rudy Giuliani - Statutes. Statutory Instruments. Department of Health Circulars. GMC Codes of Practice. International Declarations and Conventions. NHS Act 2006. Mental Health Act 2007. Human Fertilisation and Embryology Act 2008. Health and Social Care Act 2008. Lunacy Acts. Sanitary Acts. Copyright Acts. Contagious Diseases Acts. Vaccinations Acts. Poor Law Acts. Will Act. Apothecaries Act 1815. Relationship between Case Law and Statute Law. Medical Treatment (Prevention of Euthanasia) Bill. Homicide Act 1957. John Bodkin Adams. Leonard Arthur. Thomas Lodwig. Harold Shipman. Mental Capacity Act 2005. Abortion Act 1967. Compensation Act 2006. Human Tissue Act 2004. Bristol Royal Infirmary Inquiry. Royal Liverpool Children's Hospital Inquiry. Mental Health Act 1983. Therapeutic State. Licensing. Revalidation. Statutory Self-Regulation. Police and Criminal Evidence Act 1984. Terrorism Act 2000. Prevention of Terrorism Act 2005. Patient Confidentiality. Human Rights Act . The 21st Century Perspective. WB Yeats. Harry Day - Professional Regulation - Regulatory Reform. Revalidation. Re-certification. GP Commissioning. Reform of the GMC. Good Doctors, Safer Patients. Trust Assurance and Safety. Burden of Proof. Sliding Scale of Evidence - Human Rights Act 1998. Conclusion. Bibliography. Books. Course texts. Cases (England and Wales). Cases (Commonwealth and Other Jurisdictions). Summary of Informed Consent Cases - Jan 2000-Sept 2010. Legislation (England and Wales). European Legislation. Legislation (Commonwealth and Other Jurisdictions). Journal Articles. Reports and Documents. Internet Articles. Newspapers and Magazine Articles. Miscellaneous Papers, Personal Correspondence and LLM Assignments . Index.


    Robert Jaggs-Fowler CStJ MB BS (Lond) LLM FRCGP MFMLM DCH DFSRH DRCOG General Medical Practitioner and Medical Director Barton on Humber, North Lincolnshire Dr Robert M Jaggs- Fowler, Kentish by birth, is a physician, writer and poet who, with his wife, now divides his time between Lincolnshire, North Yorkshire, London and Cyprus. With medical degrees, a Master of Laws degree in Medical Law and Ethics, and currently reading for an MA in Spirituality, Theology and Health, he writes weekly healthrelated columns for two regional newspapers, a monthly column for a county magazine, has had several short stories, non- fiction and 'filler' articles published and has contributed to an American film script.