K. Kannan
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780198082880
- eISBN:
- 9780199082827
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198082880.003.0001
- Subject:
- Law, Medical Law
The introductory chapter presents the concept of medical law as an interdisciplinary study of law and medical practice. It sets out the raison d’être for the shift in emphasis from legal regulations ...
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The introductory chapter presents the concept of medical law as an interdisciplinary study of law and medical practice. It sets out the raison d’être for the shift in emphasis from legal regulations of manufacture of drugs and trade to constitutional imperatives of healthcare and setting standards of practice. Examining the diverse aspects of law, the reader is informed about the branches of law that are involved in the study. Even apart from statutory laws, the importance of Indian medical regulations detailing issues of medical education and ethical code are set out. The place of medical research and protection of intellectual property rights are explained as the new global compulsions in a competitive but yet a cooperative world sharing concerns for better healthcare. The entire study is essentially on allopathic practice and how it affects public interest but assures that the principles of law are conceptually the same in the indigenous systems of medicine also.Less
The introductory chapter presents the concept of medical law as an interdisciplinary study of law and medical practice. It sets out the raison d’être for the shift in emphasis from legal regulations of manufacture of drugs and trade to constitutional imperatives of healthcare and setting standards of practice. Examining the diverse aspects of law, the reader is informed about the branches of law that are involved in the study. Even apart from statutory laws, the importance of Indian medical regulations detailing issues of medical education and ethical code are set out. The place of medical research and protection of intellectual property rights are explained as the new global compulsions in a competitive but yet a cooperative world sharing concerns for better healthcare. The entire study is essentially on allopathic practice and how it affects public interest but assures that the principles of law are conceptually the same in the indigenous systems of medicine also.
K. Kannan
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780198082880
- eISBN:
- 9780199082827
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198082880.001.0001
- Subject:
- Law, Medical Law
This book analyses various issues concerning the application of law to the field of medical practice, education, and research from a global perspective with particular focus on India. The volume, ...
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This book analyses various issues concerning the application of law to the field of medical practice, education, and research from a global perspective with particular focus on India. The volume, analytical in approach and comprehensive in coverage, ought to evoke vital public interest in that it examines technological advancements in the medical field that have legal, social, and ethical implications. The issues, including organ transplant, euthanasia, surrogacy and abortion, sex selection, the concept of consent, clinical trials, designer babies, cosmetic enhancement and confidentiality, are common to all countries but vary in their moral perception due to the diverse cultural underpinnings of each country. The author adopts an interdisciplinary approach combining law with medicine to address these issues. This book is also a comparative study with a special focus on Indian case law and jurisdictions from other countries including the US and the UK. Open ended, yet objective, written by a sitting judge of Punjab & Haryana High Court, the book does not fail to capture the inadequacies and improper approaches in the arena of legal regulation of medical education and medical practice. The book holds the key to informed public debates on issues of critical importance by providing deep insights into concepts like reservation and the constitutional goal of social justice, respect for patient autonomy, and setting the frontiers of ethical practice, policy initiatives for affordable healthcare and use of technology to assure good quality of treatment to the rural milieu as well.Less
This book analyses various issues concerning the application of law to the field of medical practice, education, and research from a global perspective with particular focus on India. The volume, analytical in approach and comprehensive in coverage, ought to evoke vital public interest in that it examines technological advancements in the medical field that have legal, social, and ethical implications. The issues, including organ transplant, euthanasia, surrogacy and abortion, sex selection, the concept of consent, clinical trials, designer babies, cosmetic enhancement and confidentiality, are common to all countries but vary in their moral perception due to the diverse cultural underpinnings of each country. The author adopts an interdisciplinary approach combining law with medicine to address these issues. This book is also a comparative study with a special focus on Indian case law and jurisdictions from other countries including the US and the UK. Open ended, yet objective, written by a sitting judge of Punjab & Haryana High Court, the book does not fail to capture the inadequacies and improper approaches in the arena of legal regulation of medical education and medical practice. The book holds the key to informed public debates on issues of critical importance by providing deep insights into concepts like reservation and the constitutional goal of social justice, respect for patient autonomy, and setting the frontiers of ethical practice, policy initiatives for affordable healthcare and use of technology to assure good quality of treatment to the rural milieu as well.
K. Kannan
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780198082880
- eISBN:
- 9780199082827
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198082880.003.0014
- Subject:
- Law, Medical Law
The concluding chapter joins the loose ends to present a comprehensive world view of the field of medicine and law. Problems of medical education and reservation, it is concluded, are compounded by ...
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The concluding chapter joins the loose ends to present a comprehensive world view of the field of medicine and law. Problems of medical education and reservation, it is concluded, are compounded by poor resource allocation by the State and narrow political considerations. The Indian experience of allowing private initiatives to establish colleges has given place to commercialization of education and dilution of standards. Problems of illiteracy have made irrelevant the concept of informed consent, a key expression to register patient autonomy and professional responsibility. Beyond curing illness, medicine is an important business. Technological advancements in reproductive medicine and medical research for manufacture of new drugs offer immense possibilities of better health management, but here again, illiteracy, indigency and cultural practices among patients dictate modest policy considerations by the State and a more efficient justice delivery system, both of which are still dreams, yet attainable.Less
The concluding chapter joins the loose ends to present a comprehensive world view of the field of medicine and law. Problems of medical education and reservation, it is concluded, are compounded by poor resource allocation by the State and narrow political considerations. The Indian experience of allowing private initiatives to establish colleges has given place to commercialization of education and dilution of standards. Problems of illiteracy have made irrelevant the concept of informed consent, a key expression to register patient autonomy and professional responsibility. Beyond curing illness, medicine is an important business. Technological advancements in reproductive medicine and medical research for manufacture of new drugs offer immense possibilities of better health management, but here again, illiteracy, indigency and cultural practices among patients dictate modest policy considerations by the State and a more efficient justice delivery system, both of which are still dreams, yet attainable.
