Health Law in Australia

Health Law in Australia

By Ben White, Fiona McDonald, Lindy Willmott

Book

$125.00 RRP

Date: 09/07/2010

Code: 9780455226798

Thomson Reuters, AUSTRALIA

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Book Health Law in Australia 09/07/2010 9780455226798 $125.00

Description

Health Law in Australia is the first book to deal with health law on a comprehensive national basis. In a field of law that is becoming increasingly important and where the demand for expertise is rapidly expanding, Health Law in Australia takes a logical, structured approach to an examination of the law in all Australian jurisdictions.
By covering all the major areas in this diverse field of law, Health Law in Australia enhances the understanding of the discipline as a whole. Beginning with an exploration of the general principles of health law, including chapters on “Medical Negligence”; “Children and Consent to Medical Treatment”, and “Confidentiality, Privacy, and Access to Health Records”, the book goes on to consider beginning-of-life and end-of-life issues before concluding with chapters on emerging areas in health law , such as biotechnology and medical research.
The contributing authors include national leaders in the field who are specialists in these areas of health law and who can therefore reveal to readers to the results of their research.
Health Law in Australia has been written for those with a legal background and is essential reading for undergraduate law students, postgraduate law students, researchers and scholars in the disciplines of law, health and medicine, as well as legal practitioners, those working in government departments and bodies in the health area, and private health providers.

Editors

Dr Ben White, QUT
Fiona McDonald, QUT
Professor Lindy Willmott, QUT

With contributions from

James Bai (Chs 18 and 19), Professor Belinda Bennett (Chs 9, 10 and 11), Professor Des Butler (Ch 7), Tina Cockburn (Ch 7), Associate Professor Thomas Faunce (Chs 18 and 19), Dr Ian Freckelton SC (Ch 16), Associate Professor Ben Mathews (Ch 5), Professor Danuta Mendelson (Ch 8), Associate Professor Malcolm Parker (Ch 2), Professor Anne Rees (Ch 8), Bernadette Richards (Chs 4 and 17), Associate Professor Cameron Stewart (Ch 12), Shih-Ning Then (Chs 6 and 13) and Jennifer Yule (Ch 7).


Contents
Part 1: Introduction to health law
Chapter 1: Health law: Scope, Sources and Forces
Chapter 2: Medical and health ethics
Chapter 3: The legal framework of the Australian health system
Part 2: General principles of health law
Chapter 4: General principles of consent to medical treatment
Chapter 5: Children and consent to medical treatment
Chapter 6: Adults who lack capacity: Substitute decision-making
Chapter 7: Medical negligence
Chapter 8: Confidentiality, privacy and access to health records
Part 3: Beginning of life
Chapter 9: Assisted reproductive technology
Chapter 10: Abortion
Chapter 11: Surrogacy
Part 4: End of life
Chapter 12: Euthanasia and assisted suicide
Chapter 13: Withholding and withdrawing life-sustaining medical treatment
Chapter 14: The doctrine of double effect
Part 5: Select issues in health law
Chapter 15: The regulation of health professionals
Chapter 16: Mental health law
Chapter 17: Organ and tissue donation
Chapter 18: Health and medical research
Chapter 19: Biotechnology and nanotechnology regulation in Australia

Editorial Reviews

From:  Law Institute Journal, J u l y 2 0 1 1
Reviewed by: DR JACQUELINE GOODALL, CORPORATE LAWYER, BAKER IDI

This is a comprehensive and well-written text for health professionals as a source of guidance for real problems in clinical settings, and for the lawyers who advise them.

The book addresses the detail of the myriad federal, state and territory laws regulating medical and health professions, the administration of health services and the maintenance of public health to the extent that it is connected to the provision of health services. Thus, the first feature of this book that makes it so valuable is that it addresses a wider range of issues than texts focused on the traditional doctor-patient relationship. However, the feature that sets it apart from x1other texts, as former High Court judge Michael Kirby writes in the foreword, is that it addresses the detail of health law in Australia “against the backdrop of the grand themes of global forces and local disparities”.

The book is divided into five parts. Part 1 introduces the reader to the nature of health law, medical and health ethics and the laws governing how health services are funded, organised, regulated, managed and operated. Part 2 explores the general principles of health law, including consent to medical treatment, medical negligence and confidentiality, privacy and access to health records. Part 3 considers beginning of life issues, such as assisted reproductive technology, surrogacy and abortion. Part 4 considers end of life issues, such as euthanasia and withholding and withdrawing life-sustaining medical treatment. Part 5 concludes with chapters on emerging areas in health law from the continued advancement of scientific research and biotechnology. The contributing authors are specialists in these areas of health law.

The text contributes to an understanding of the discipline as a whole as well as highlighting the challenges facing this important and rapidly expanding area of law. Given the speed of developments in this area, scholars and practitioners will be sure to look forward to the second edition of this excellent text.

 

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