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Essential, required reading for doctors and patients alike: A Pulitzer Prize-winning author and one of the world’s premiere cancer researchers reveals an urgent philosophy on the little-known principles that govern medicine—and how understanding these principles can empower us all. Over a decade ago, when Siddhartha Mukherjee was a young, exhausted, and isolated medical resident, he discovered a book that would forever change the way he understood the medical profession. The book, The Youngest Science, forced Dr. Mukherjee to ask himself an urgent, fundamental question: Is medicine a “science”? Sciences must have laws—statements of truth based on repeated experiments that describe some universal attribute of nature. But does medicine have laws like other sciences? Dr. Mukherjee has spent his career pondering this question—a question that would ultimately produce some of most serious thinking he would do around the tenets of his discipline—culminating in The Laws of Medicine. In this important treatise, he investigates the most perplexing and illuminating cases of his career that ultimately led him to identify the three key principles that govern medicine. Brimming with fascinating historical details and modern medical wonders, this important book is a fascinating glimpse into the struggles and Eureka! moments that people outside of the medical profession rarely see. Written with Dr. Mukherjee’s signature eloquence and passionate prose, The Laws of Medicine is a critical read, not just for those in the medical profession, but for everyone who is moved to better understand how their health and well-being is being treated. Ultimately, this book lays the groundwork for a new way of understanding medicine, now and into the future.
A comprehensive history of the concept of freedom of therapeutic choice in the United States that presents a compelling look at how persistent but evolving notions of a right to therapeutic choice have affected American policy and law from the Revolution through the Trump Era. Throughout American history, lawmakers have limited the range of treatments available to patients, often with the backing of the medical establishment. The country's history is also, however, brimming with social movements that have condemned such restrictions as violations of fundamental American liberties. This fierce conflict is one of the defining features of the social history of medicine in the United States. In Choose Your Medicine, Lewis A. Grossman presents a compelling look at how persistent but evolving notions of a right to therapeutic choice have affected American health policy, law, and regulation from the Revolution through the Trump Era. Grossman grounds his analysis in historical examples ranging from unschooled supporters of botanical medicine in the early nineteenth century to sophisticated cancer patient advocacy groups in the twenty-first. He vividly describes how activists and lawyers have resisted a wide variety of legal constraints on therapeutic choice, including medical licensing statutes, FDA limitations on unapproved drugs and alternative remedies, abortion restrictions, and prohibitions against medical marijuana and physician-assisted suicide. Grossman also considers the relationship between these campaigns for desired treatments and widespread opposition to state-compelled health measures such as vaccines and face masks. From the streets of San Francisco to the US Supreme Court, Choose Your Medicine examines an underexplored theme of American history, politics, and law that is more relevant today than ever.
This title was first published in 2001. This work is a uniquely multi-disciplinary contribution to the existing bioethical literature on the topic of informed choice of medical services. It is also the first comprehensive bioethical text to confront the central issue of power in the clinical encounter and to argue for statutory protection of the right to informed choice. While the majority of bioethicists argue for a conciliatory, rather than adversarial, approach to the chronic problem of uninformed consent, the author of this work argues that the external regulation of medicine is essential if the right to informed choice is to be protected. This argument is based upon an extensive review of the bioethical, legal, political, medical, sociological and philosophical literature, as well as a wide range of empirical and anecdotal evidence, evolving from a detailed exploration of power and the limits of rationality in the clinical encounter.
In its decades-long effort to assure the safety, efficacy, and security of medicines and other products, the Food and Drug Administration has struggled with issues of funding, proper associations with industry, and the balance between consumer choice and consumer protection. Today, these challenges are compounded by the pressures of globalization, the introduction of novel technologies, and fast-evolving threats to public health. With essays by leading scholars and government and private-industry experts, FDA in the Twenty-First Century addresses perennial and new problems and the improvements the agency can make to better serve the public good. The collection features essays on effective regulation in an era of globalization, consumer empowerment, and comparative effectiveness, as well as questions of data transparency, conflicts of interest, industry responsibility, and innovation policy, all with an emphasis on pharmaceuticals. The book also intervenes in the debate over off-label drug marketing and the proper role of the FDA before and after a drug goes on the market. Dealing honestly and thoroughly with the FDA's successes and failures, these essays rethink the structure, function, and future of the agency and the effect policy innovations may have on regulatory institutions abroad.
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 and updated to cover the latest cases, 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.
Smith has packed an incredible amount of information into this relatively short and clearly written book. His erudition is unquestionable, and his knowledge of current trends in medical technology and the ethical issues surrounding them is obvious on every page. P. Jenkins, Choice George P. Smith is one of the world s leading experts on the legal and ethical issues raised by modern medicine. His book is a wide-ranging and deeply informed and considered analysis of those issues, with particular emphasis on the inequality with which the benefits of modern medicine are bestowed on the sick. Knowledgeable as well about the technical aspects of the biomedical revolution, Smith writes with insight and authority, and offers a perspective that will influence the policy debates. Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, US While much has been written about the various issues addressed in this book genetics, cloning, informed consent, organ donation Smith s book moves beyond traditional legal analysis, tying these issues together by examining them through the lens of distributive justice. He thus provides the reader with a unique and valuable perspective on this important area. Distributive Justice and the New Medicine will be of interest to all those interested in health law and bioethics and in particular for those interested in distributive justice. Belinda Bennett, Journal of Law, Social Justice and Global Development Professor George P. Smith s Distributive Justice and the New Medicine is a major new work by one of the world s leading medical lawyers. This book brings important new insights into the complex area of rationing health care resources and should be read by anyone interested in seeking to create a just society. Jonathan Herring, Exeter College, University of Oxford, UK Is the advancement of scientific knowledge and the development of biomedical technologies known as the New Medicine desirable? George P. Smith asks this fundamental question while also confronting the distribution of these scarce medical resources. Law, economics, medical science, philosophy and ethics all coalesce in this discussion of how to structure normative standards of conduct that will improve the quality of human life. The author begins by examining various economic constructs as aids for achieving a fair and equitable delivery of health care services. He then assesses their level of practical application and evaluates the costs and benefits to society of pursuing the development and use of the New Medicine . The book ends with a case study of organ and tissue transplantation that illustrates the implementation of distributive justice. The author concludes that as long as clinical medicine maintains its focus on healing and alleviating suffering among patients, a point of equilibrium will be reached that advances the common good. This timely and compelling exploration will be a must-read for scholars, researchers, policymakers and all those interested in advances in medical technology and the issues surrounding access to health care.
This new addition to Hart Publishing's Landmark Cases series brings together leading figures in the field to discuss a selection of the most significant cases in medical law. These are cases which either signpost a new development for medical law, illustrate an important development of the law, or signpost likely future developments of the law. The cases are explored in their social and historical context to understand better what has influenced the development of the law. This collection provides a fascinating insight in the interaction of medical law and broader social changes to our bodies, illness and medical professionals.
Medicine and the Law in the Middle Ages offers fresh insight into the intersection between these two distinct disciplines. A dozen authors address this intersection within three themes: medical matters in law and administration of law, professionalization and regulation of medicine, and medicine and law in hagiography. The articles include subjects such as medical expertise at law on assault, pregnancy, rape, homicide, and mental health; legal regulation of medicine; roles physicians and surgeons played in the process of professionalization; canon law regulations governing physical health and ecclesiastical leaders; and connections between saints’ judgments and the bodies of the penitent. Drawing on primary sources from England, France, Frisia, Germany, Ireland, Italy, Portugal, and Spain, the volume offers a truly international perspective. Contributors are Sara M. Butler, Joanna Carraway Vitiello, Jean Dangler, Carmel Ferragud, Fiona Harris-Stoertz, Maire Johnson, Hiram Kümper, Iona McCleery, Han Nijdam, Kira Robison, Donna Trembinski, Wendy J. Turner, and Katherine D. Watson.
Providing a clear and accessible guide to medical law, this work contains extracts from a wide variety of academic materials so that students can acquire a good understanding of a range of different perspectives.
Challenging the dominant account of medical law as normatively and conceptually subordinate to medical or bioethics, this book provides an innovative account of medical law as a rhetorical practice. The aspiration to provide a firm grounding for medical law in ethical principle has not yet been realized. Rather, legal doctrine is marked, if anything, by increasingly evident contradiction and indeterminacy that are symptomatic of the inherently contingent nature of legal argumentation. Against the idea of a timeless, placeless ethics as the master discipline for medical law, this book demonstrates how judicial and academic reasoning seek to manage this contingency, through the deployment of rhetorical strategies, persuasive to concrete audiences within specific historical, cultural and political contexts. Informed by social and legal theory, cultural history and literary criticism, John Harrington’s careful reading of key judicial decisions, legislative proposals and academic interventions offers an original, and significant, understanding of medical law.