The Legitimacy of Medical Treatment: What Role for the Medical Exception?, 1st Edition (Paperback) book cover

The Legitimacy of Medical Treatment

What Role for the Medical Exception?, 1st Edition

Edited by Sara Fovargue, Alexandra Mullock


256 pages

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Book Content Available Open Access*
Read Chapter 6 - Open Access

*Open Access content has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) license

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Paperback: 9781138098176
pub: 2017-06-23
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pub: 2015-08-18
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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.

Chapter 6 of this book 'Family perspectives on proper medical treatment for people in prolonged vegetative and minimally conscious states' by Celia Kitzinger and Jenny Kitzinger is available under an open access CC BY NC ND license and can be viewed at: .

Table of Contents

1. Introduction, Sara Fovargue and Alexandra Mullock 2. Transforming wrong into right: What is "proper medical treatment"?, Margaret Brazier and Sara Fovargue 3. What do we mean by "proper" medical treatment?, Lucy Frith 4.Papist potions and electric sex: A historical perspective on "proper medical treatment", Barry Lyons 5. Moralising medicine: "Proper medical treatment" and the role of ethics and law in medical decision-making, José Miola 6. Family perspectives on proper medical treatment for people in prolonged vegetative and minimally conscious states, Celia Kitzinger and Jenny Kitzinger 7. The medical exception and cosmetic surgery: Culpable doctors and harmful enhancement?, Danielle Griffiths and Alexandra Mullock 8. Locating lawful abortion on the spectrum of "proper medical treatment", Mary Neal 9. Death on demand: Proper medical treatment?, Richard Huxtable 10.Doctors orders? Analysing appropriate medical treatment in mental health law, Judy Laing 11. The economics of "proper medical treatment", Cam Donaldson, Rachel Baker and Neil McHugh 12. Rationing, resource allocation, and appropriate medical treatment, Keith Syrett 13. Comments and reflections on "proper medical treatment": A case for coherent inconsistency, John Coggon

About the Editors

Sara Fovargue is Reader in Law, at Lancester University, and Co-Director of the Lancaster Centre for Bioethics and Medical Law.

Alexandra Mullock is a Lecturer in Medical Law at the University of Manchester, and a member of the Centre for Social Ethics and Policy at the University.

About the Series

Biomedical Law and Ethics Library

Scientific and clinical advances, social and political developments and the impact of healthcare on our lives raise profound ethical and legal questions. Medical law and ethics have become central to our understanding of these problems, and are important tools for the analysis and resolution of problems – real or imagined.

In this series, scholars at the forefront of biomedical law and ethics will contribute to the debates in this area, with accessible, thought-provoking, and sometimes controversial ideas. Each book in the series will develop an independent hypothesis and argue cogently for a particular position. One of the major contributions of this series is the extent to which both law and ethics are utilised in the content of the books, and the shape of the series itself.

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Subject Categories

BISAC Subject Codes/Headings:
LAW / General
LAW / Ethics & Professional Responsibility
LAW / Medical Law & Legislation
PHILOSOPHY / Ethics & Moral Philosophy