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Guiding principles in medical law : the ability to treat

Bunting, Adam Peter (2005)
Other thesis, University of Birmingham.

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Abstract

The involvement of the medical profession in everyone’s lives makes an understanding of the law governing the provision of medical treatment extremely important. This thesis argues that there is a logical and coherent structure to this area of the law. This is achieved through the application of key guiding principles to a range of important issues throughout a patient’s life from birth to death. The guiding principles looked at are: self-determination, allowing treatment, best interests, and doctor protection. It is argued that the application of one or more of these guiding principles will determine whether or not treatment will be available in any scenario which the courts may be confronted with. Whilst it is tempting to approach this topic by viewing each scenario involved as a distinct category of medical law it is submitted that this is both overly simplistic and unrealistic. It is more accurate to view the law as a scale, upon which each individual patient forms a distinctly unique point. This graduated concept accepts that the principles which apply will change in a continuing manner whilst still providing a workable method of finding out which principles will be applied by the courts.

Type of Work:Masters by Research: LLM thesis.
Supervisor(s):Wicks, Elizabeth
School/Faculty:Schools (1998 to 2008) > School of Law
Department:Law
Keywords:Medical Law, Medical Rights, Abortion, Euthanasia
Subjects:RA1001 Forensic Medicine. Medical jurisprudence. Legal medicine
K Law (General)
Institution:University of Birmingham
Library Catalogue:Check for printed version of this thesis
ID Code:968
This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder.
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