In this chapter, we examine how (outwith the context of transplantation) English law regulates the removal, retention and uses of human body parts and we consider briefly how far (if at all) we own our own bodies. We examine the relevant provisions of the Human Tissue Act 2004 and the role of the Human Tissue Authority. In addition, we address some aspects of the role of the coroner, a key factor in the regulation of the use of bodies and body parts post-mortem.
This chapter focuses on the practical problems associated with clinical negligence and the processes involved in bringing a claim. Amid rising claims and a spectre of a malpractice crisis, we consider the challenges faced by patients bringing a claim and ask whether lawsuits against doctors are damaging medicine.
During the COVID-19 pandemic, the pharmaceutical industry made unprecedented efforts to collaborate and work in the public interest to develop novel treatments, diagnostics and vaccines. But a long history of opacity, competitiveness and catastrophes mean there is much ground to make up. Starting with the thalidomide tragedy, a series of disasters taught us the painful lesson that drugs can be dangerous and their use must be paid for. This chapter considers routes to redress, focusing on negligence and the Consumer Protection Act.
Questions of medical ethics arise throughout the whole field of medical practice. This chapter considers to whom (or what) we owe ethical obligations. It sets out a range of ethical principles, their potential conflict and how conflict can be navigated.
Embryo research, cloning, assisted conception, neonatal care, pandemic vaccine development, saviour siblings, organ transplants, drug trials – modern developments have transformed the field of medicine almost beyond recognition in recent decades and the law struggles to keep up. In this highly acclaimed and very accessible book Margaret Brazier, Emma Cave and Rob Heywood provide an incisive survey of the legal situation in areas as diverse as fertility treatment, patient consent, assisted dying, malpractice and medical privacy. The seventh edition of this book has been fully revised with 100 new cases and three new chapters. It has been updated to cover the latest cases, from assisted dying to the medical treatment of children; Brexit-related regulatory reform and COVID-19 pandemic measures. Essential reading for healthcare professionals, lecturers, medical and law students, this book is of relevance to all whose perusal of the daily news causes wonder, hope and consternation at the advances and limitations of medicine, patients and the law.
This chapter explores legal questions surrounding organ and tissue transplantation including living donations and recent developments of deemed consent in relation to organ donation after death.
This context-setting chapter examines aspects of medical practice including the tiers of medical regulation, governance structures with the health service and NHS reform and its impact on doctors.
To understand what history offers, we look back in time to uncover a longstanding relationship of law, medical practice and medical science.
Doctors, like priests and lawyers, must be able to keep secrets. For medical care to be effective, for patients to trust their doctor, patients must have confidence that they can talk frankly to them. This chapter considers the legal protections of confidential information, focusing on the common law protections of confidentiality and its recent developments to protect privacy and the latest statutory protections of data protection.
This chapter demonstrates that cyber-espionage is neither prohibited, nor promoted by the UN Charter. According to a traditional ‘instrumental’ interpretation of Articles 2(4) and 51, the use of force and armed attacks must involve a specific means: weapons. However, cyber-espionage devices do not qualify as such. Alternative interpretations were proposed by experts, and the consequentialist approach is part of them. According to this view, a cyber-operation qualifies as use of force (or an armed attack) when its effects are similar to a non-cyber operation rising to the level of a use of force. If this approach is progressively gaining acceptance among States, it does not result in a prohibition of cyber-espionage either, as it fails to cause destruction. This lack of prohibition does not mean, however, that cyber-espionage is authorised. In fact, it results in significant tensions and is not endorsed by the UN Charter. Most States also acknowledge the development of intelligence programs, but without claiming a right to do so.