El Derecho y la Medicina son viejos conocidos. La relación que vincula a estas dos áreas de conocimiento es tan antigua como la propia existencia de ambas ciencias. No obstante, la responsabilidad civil sanitaria, entendida como una irrupción del Derecho en el mundo de la Medicina, es un fenómeno mucho más reciente en el tiempo. No fue hasta mediados del siglo pasado cuando los Tribunales comenzaron a dilucidar, entre sus muchos asuntos, casuística relacionada con los errores sanitarios. Este hecho, del que no sólo se hizo eco la comunidad médica, sino también toda la sociedad, marcó un antes y un después para la responsabilidad sanitaria.La cirugía estética no fue un área de la Medicina que resultase ajena a esta circunstancia, sino que muy al contrario, en los primeros enjuiciamientos esta parte de la ciencia médica era juzgada con mayor contundencia y también con un elevado grado de indeterminación. Esto trajo consigo una inevitable inseguridad, que aún en la actualidad, sigue siendo patente.Desde la primera sentencia que se dictó en la materia hasta la actualidad, la Medicina voluntaria se ha visto envuelta por luces y sombras, llegando incluso a tener un régimen de responsabilidad mucho más severo que su otra vertiente, la Medicina curativa. De esta manera, y aunque en los últimos años la evolución de esta materia ha sido bastante regular, no son extraños los pronunciamientos de juzgados y tribunales que se alejan de la senda previamente marcada, haciendo hincapié en el problema inicial. La presente obra tiene como finalidad hallar un hilo conductor que permita entender el tratamiento que tiene que recibir esta área de la Medicina.
Vintage Feminism: classic feminist texts in short form WITH AN INTRODUCTION BY NATALIE HAYNES When this book was first published in 1949 it was to outrage and scandal. Never before had the case for female liberty been so forcefully and successfully argued. De Beauvoir’s belief that ‘One is not born, but rather becomes, a woman’ switched on light bulbs in the heads of a generation of women and began a fight for greater equality and economic independence. These pages contain the key passages of the book that changed perceptions of women forever. TRANSLATED BY CONSTANCE BORDE AND SHEILA MALOVANY-CHEVALLIER ANNOTATED AND INTRODUCED BY MARTINE REID
Medical law and ethics are frequently referred to in conjunction, and appear together in many textbooks. But do they combine to form a cohesive unit, and do they benefit each other? It may be argued that they do not, but rather suffer a symbiotic relationship, clashing rather than cooperating. This book examines this relationship, and how the law sees medical ethics. It then considers whether medical ethics functions in the way that the law thinks that it does. After providing a historical perspective that identifies medical ethics discourse as disjointed and fragmented, the book continues by examining key medico-legal case law and reports that have an inherent ethical content for clues as to how they define medical ethics and its role. It also considers how medical ethics sees the law, concluding that a misapprehension by each party as to what the other does creates a mutually harmful relationship between them.
The Virtues in Medical Practice
Author: Edmund D. Pellegrino, David C. Thomasma
Publisher: Oxford University Press
In recent years, virtue theories have enjoyed a renaissance of interest among general and medical ethicists. This book offers a virtue-based ethic for medicine, the health professions, and health care. Beginning with a historical account of the concept of virtue, the authors construct a theory of the place of the virtues in medical practice. Their theory is grounded in the nature and ends of medicine as a special kind of human activity. The concepts of virtue, the virtues, and the virtuous physician are examined along with the place of the virtues of trust, compassion, prudence, justice, courage, temperance, and effacement of self-interest in medicine. The authors discuss the relationship between and among principles, rules, virtues, and the philosophy of medicine. They also address the difference virtue-based ethics makes in confronting such practical problems as care of the poor, research with human subjects, and the conduct of the healing relationship. This book with the author's previous volumes, A Philosophical Basis of Medical Practice and For the Patient's Good, are part of their continuing project of developing a coherent moral philosophy of medicine.
Atualizado com o Novo Código De Processo Ético-Profissional Resolução no 2.023, de 20.8.2013. Inclui - Legislação Complementar; Resoluções CFM; Crimes Médicos; Segredo Médico; Publicidade Médica; Transplantes; Direito de Internação. Resolução ANVISA RDC no 96, de 17.12.2008. Proíbe recebimento de brindes, pagamentos de viagens e regula a propaganda de medicamentos. Resolução CFM no 1.987, de 23.3.2012. Interdição cautelar do exercício profissional de médico. Resolução CFM no 2.013, de 16.4.2013. Dispõe sobre as normas éticas para a utilização das técnicas de reprodução assistida.
Autonomy is often said to be the dominant ethical principle in modern bioethics, and it is also important in law. Respect for autonomy is said to underpin the law of consent, which is theoretically designed to protect the right of patients to make decisions based on their own values and for their own reasons. The notion that consent underpins beneficent and lawful medical intervention is deeply rooted in the jurisprudence of countries throughout the world. However, Autonomy, Consent and the Law challenges the relationship between consent rules and autonomy, arguing that the very nature of the legal process inhibits its ability to respect autonomy, specifically in cases where patients argue that their ability to act autonomously has been reduced or denied as a result of the withholding of information which they would have wanted to receive. Sheila McLean further argues that the bioethical debate about the true nature of autonomy – while rich and challenging – has had little if any impact on the law. Using the alleged distinction between the individualistic and the relational models of autonomy as a template, the author proposes that, while it might be assumed that the version ostensibly preferred by law – roughly equivalent to the individualistic model – would be transparently and consistently applied, in fact courts have vacillated between the two to achieve policy-based objectives. This is highlighted by examination of four specific areas of the law which most readily lend themselves to consideration of the application of the autonomy principle: namely refusal of life-sustaining treatment and assisted dying, maternal/foetal issues, genetics and transplantation. This book will be of great interest to scholars of medical law and bioethics.
Tort Law and Economics
Author: Michael Faure
Publisher: Edward Elgar Publishing
The central goal of this book is to provide a state-of-the-art overview of the literature with respect to the economic analysis of tort law. It sure meets the challenge, offering with great expertise a comprehensive presentation of tort law in both economic and comparative perspectives. The clarity of the text, unusual in the law and economics literature, makes the book accessible to a broad readership of economists with a limited legal background and lawyers with limited economic skills. Olivier Moreteau, Louisiana State University, US Tort Law and Economics, ed. Michael Faure, provides a highly useful economic overview of the most important topics of tort law. The authors clearly show the main developments of the discussion, examining the results of recent studies and stating their own opinions. Detailed bibliographies are included. The volume has to be warmly recommended to friends and foes of economic analysis who are provided with a comprehensive update in this field while also indicating areas which critics have to focus on. Helmut Koziol, European Centre of Tort and Insurance Law, Austria This volume provides a state-of-the-art overview of the literature on the economic analysis of tort law. In sixteen chapters, the specialist authors guide the reader through the often vast literature in each domain providing a balanced and comprehensive summary. Particular attention is paid to the evolution of the field, further refinements to economic models and relevant conclusions and lessons for the policymaker. Tort Law and Economics is part of the Encyclopedia of Law and Economics, and enables readers, some not familiar with law and economics, to obtain an insight in the relevant economic literature concerning tort law and economics. This book will be of interest to lawyers and economists, practitioners and academics interested in accident law, tort law, insurance and regulation. It will also appeal to students in economic analysis of law and policymakers working on prevention of accidents, tort law or compensation of accident victims.
Master teacher Thomas J. Miceli provides an introduction to law and economics that reveals how economic principles can explain the structure of the law and make it more efficient. The third edition of this seminal textbook is thoroughly updated to include recent cases and the latest scholarship, with particular attention paid to torts, contracts, property rights, and the economics of crime. A new chapter organization, ideal for quarter- or semester-long courses, strengthens the book's focus on unifying themes in the field. As Miceli tells a cohesive, analytical "story" about law from a distinctly economic perspective, exercises and problems encourage students to deepen their knowledge. A companion website is available at http://www.sup.org/economiclaw. It offers a full suite of resources for both students and professors. Key pedagogical features include cases; discussion points that provide additional analysis of topics in the book; graduate notes, which enrich the text for more advanced readers; and relevant links. Professors have access to sample syllabi for undergraduate and graduate courses and an instructor's manual, which provides answers to all of the end-of-chapter questions and problems in the book.
Breaking New Ground
Author: Gifford Pinchot
Publisher: Island Press
Vigorous, colorful, bold and highly personal, Breaking New Ground is the autobiography of Gifford Pinchot, founder and first chief of the Forest Service. He tells a fascinating tale of his efforts, under President Theodore Roosevelt, to wrest the forests from economic special interests and to bring them under management for multiple- and long-range use. His philosophy of "the greatest good for the greatest number over the longest time" has become the foundation upon which this country's conservation policy is based. In a new introduction for this special commemorative edition, Char Miller of Trinity University and V. Alaric Sample of the Pinchot Institute for Conservation trace the evolution of Gifford Pinchot's career in the context of his personal life and the social and environmental issues of his time. They illuminate the courage and vision of the man whose leadership is central to the development of the profession of forestry in the United States. Breaking New Ground is essential reading for anyone interested in understanding the basis of our present national forest policy, and the origins of the conservation movement.
Author: Marc Hertogh
Publisher: Bloomsbury Publishing
This collection of essays is the first edited volume in the English language which is entirely dedicated to the work of Eugen Ehrlich. Eugen Ehrlich (1862-1922) was an eminent Austrian legal theorist and professor of Roman law. He is considered by many as one of the 'founding fathers' of modern sociology of law. Although the importance of his work (including his concept of 'living law') is widely recognised, Ehrlich has not yet received the serious international attention he deserves. Therefore, this collection of essays is aimed at 'reconsidering' Eugen Ehrlich by bringing together an interdisciplinary group of leading international experts to discuss both the historical and theoretical context of his work and its relevance for contemporary law and society scholarship. This book has been divided into four parts. Part I of this volume paints a lively picture of the Bukowina, in southeastern Europe, where Ehrlich was born in 1862. Moreover it considers the political and academic atmosphere at the end of the nineteenth century. Part II discusses the main concepts and ideas of Ehrlich's sociology of law and considers the reception of Ehrlich's work in the German speaking world, in the United States and in Japan. Part III of this volume is concerned with the work of Ehrlich in relation to that of some his contemporaries, including Roscoe Pound, Hans Kelsen and Cornelis van Vollenhoven. Part IV focuses on the relevance of Ehrlich's work for current socio-legal studies. This volume provides both an introduction to the important and innovative scholarship of Eugen Ehrlich as well as a starting point for further reading and discussion.
"Luck egalitarianism"--the idea that justice requires correcting disadvantages resulting from brute luck--has gained ground in recent years and is now the main rival to John Rawls's theory of distributive justice. Health, Luck, and Justice is the first attempt to systematically apply luck egalitarianism to the just distribution of health and health care. Challenging Rawlsian approaches to health policy, Shlomi Segall develops an account of just health that is sensitive to considerations of luck and personal responsibility, arguing that people's health and the health care they receive are just only when society works to neutralize the effects of bad luck. Combining philosophical analysis with a discussion of real-life public health issues, Health, Luck, and Justice addresses key questions: What is owed to patients who are in some way responsible for their own medical conditions? Could inequalities in health and life expectancy be just even when they are solely determined by the "natural lottery" of genes and other such factors? And is it just to allow political borders to affect the quality of health care and the distribution of health? Is it right, on the one hand, to break up national health care systems in multicultural societies? And, on the other hand, should our obligation to curb disparities in health extend beyond the nation-state? By focusing on the ways health is affected by the moral arbitrariness of luck, Health, Luck, and Justice provides an important new perspective on the ethics of national and international health policy.
Encyclopedia of public international law
Author: Rudolf Bernhardt, Peter Macalister-Smith, Max-Planck-Institut für Ausländisches Öffentliches Recht und Völkerrecht
Publisher: Elsevier Science & Technology
Author: Rick Falkvinge
Swarmwise (2013) is a tactical guide to changing the world using cost-efficient swarm methodology. It is a leadership handbook that outlines how the Swedish Pirate Party was able to beat the competition on less than one percent of their budget, and shows how any cash- and time-strapped executive or manager can use swarm methodologies, whether the goal is social, business, or political. The organization, founded by one man without resources, has now spread to over 70 countries using the same cost-efficient swarm organization. Swarmwise will tell you what it takes to found a swarm of volunteers, how to organize and energize it, and how to lead it to success. The book doesn't go into theoretical detail, psychology, or deep research papers. Rather, it is very hands-on leadership advice from pure experience – it covers everything from how you give instructions to new marketing assistants or activists about handing out flyers in the street, up to and including how you communicate with TV stations and organize hundreds of thousands of people in a coherent swarm. Above all, it focuses on the cost-efficiency of the swarm structure, and is a tactical instruction manual for anybody who wants to dropkick their competition completely – no matter whether their game is business, social, or political. Swarmwise, chapter by chapter: Chapter 1 - Understanding the Swarm deals with the basic concepts of a swarm organization, and explains why the swarm is open and transparent. It introduces the concept of a cost-efficiency advantage of two orders of magnitude. In chapter 2 - Launching Your Swarm, we learn that the published project plan must be tangible, credible, inclusive, and epic, and what that means in practice. Chapter 3 - Getting Your Swarm Organized gives tangible advice on how to organize a volunteer organization and why. We look at the dynamics of different group sizes and how to build a culture of trust. One of the most counterintuitive lessons is detailed in Chapter 4 - Control the Vision, but Never the Message. It explains how you need to use volunteers to translate your vision into messages that fit a specific social context, rather than using an one-size-fits all slogan. A healthy dose of classic project management is found in chapter 5 - Make The Targets Visible, And Paint Them Red Daily. We talk about metrics, choosing the right metrics, and causing self-organization to happen when you publish the right metrics to optimize. In chapter 6 - Screw Democracy, We're on a Mission from God, we talk about conflict resolution mechanisms and how to optimize the swarm for speed, trust, and scalability. Chapter 7 - Surviving Growth Unlike Anything the MBAs Have Seen details how the swarm can grow by 200% in a week when some events play out, and how to handle such situations. One of the more advanced chapters, chapter 8 - Using Social Dynamics To Their Potential goes into how we can tap into the long tail of people and effectively cross-use online and offline friendships to grow organically. Seeing how most organizations need to deal with TV, newspapers, and radio, there is also chapter 9 - Managing Oldmedia that details everything from press release processes to TV crews. Finally, chapter 10 - Beyond Success shares a bit of experience of what happens when you feel at the top of the world, and what to do then. "Your most valuable asset isn't your employees," I told the executive. "Your most valuable asset are the thousands of people who want to work for you for free, and you don't let them." The book can also be downloaded as a PDF from the author's website at http://falkvinge.net/books/.
The present text is the revised/updated version of the CIOMS International Ethical Guidelines for Biomedical Research Involving Human Subjects. It consists of 21 guidelines with commentaries. A prefatory section outlines the historical background and the