Search Results

Edited by World Health Organization

Organ transplantation has, over a period of a few decades, evolved from a daring experimental medical procedure to a widely used health technology. Many lives have been saved, and the quality of life of many other persons has been immeasurably improved. There is now an abundant literature on the medical aspects of transplantation, and an increasing number of books on the legal and ethical aspects -- aspects with which WHO has been concerned since the World Health Assembly first took up the matter in 1986.
This book is the first global collection of laws and regulations dealing with organ transplantation. Also included are the texts of some of the key international and European declarations and statements on the subject. Most of the materials that appear in the book were originally published in the WHO's International Digest of Health Legislation, but have never been collected in one volume before. This book will be useful to parliamentarians, health policy makers, surgeons and other health professionals involved in transplantation, transplant coordinators, ethicists, and others interested in in-depth information on how different governments and institutions have responded to the considerable ethical, legal and policy challenges posed by this important branch of curative medicine.

International Medical Malpractice Law

A Comparative Study of Civil Responsibility Arising from Medical Care

Dieter Giesen

This monograph is the most comprehensive comparative law study of legal responsibility arising from medical care presently available. It is written for doctors as well as health care administrators and legal professionals. Focusing on the problems of civil liability, it presents the development, points of contact with, and differences between the modern law of medical liability stemming from both the Common Law and Civil Law traditions of England, Scotland, Eire, New Zealand, Australia, Canada, the United States, South Africa, France, Belgium, West Germany, Switzerland, and Austria. It demonstrates the extent to which both problems of medical law and trends towards their solution are already familiar in these legal systems.
The work describes principles and trends, not by confronting the reader with `national reports' and separate chapters on different legal systems; rather, the relevant legal problems are analyzed from an integrative, comparative viewpoint. The main thrust of the presentation is the analysis of numerous court decisions -- the number of which is rising ominously in the United States -- on the civil liability of doctors and hospitals for damages arising from substandard treatment or inadequate disclosure of information to the patient.
References to the legal and medical literature, indexes, and a refined system of cross-references, together with an important collection of appendices covering legal and ethical declarations make this work accessible as a handbook and reference work for the legal and social problems encountered today in the wide area of law, ethics, and medicine.

) 117- Subject index This index covers Volumes 1-6. Index entries in bold refer to Volume numbers and those in brackets refer to the Issue number of that Volume. 206 INDEX 127 Automated medical data banks, 4 (4) 368- 371 Autonomy, 3 (2) 179-188 Belgium, 1 (1) 89-91, 2 (2) 175, 176, 4 (1) 5- 18, 6 (4

Marésa Cronje-Retief

This volume presents, from an international legal perspective, research on the legal liability of hospitals in the USA, Canada, the United Kingdom, Australia, and South Africa. It describes and explains the following grounds or theories which establish liability in the legal systems of the various countries: - indirect or vicarious liability; - direct or primary liability; - liability in terms of the non-delegable duty; - breach of contract; and - doctrines invoking liability. Detailed discussion of case law - including cases involving such related areas as the liability of airlines, shipping companies, and other groups - shows how the different grounds in various countries' legal systems are successfully applied.
The Legal Liability of Hospitals will be of great value to practising lawyers, law students and teachers, and health care management officials.

Health Law, Human Rights and the Biomedicine Convention

Essays in Honour of Henriette Roscam Abbing


Edited by Gevers, Ewoud Hondius and Joep Hubben

In 1997, the Council of Europe established the Convention on Human Rights and Biomedicine. It is generally regarded as an important addition to the general human rights laid down in the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950), in particular with a view to the developments in modern biology and medicine. The Biomedicine Convention, which entered into force in 2000, is a framework treaty, meaning that a number of issues have to be dealt with or will be elaborated in additional Protocols; at this moment, three such Protocols have already been opened for signature.
This volume of essays, written in honour of Henriette Roscam Abbing upon her retirement as Professor of Health Law at the University of Utrecht, gives an overview of some of the most important issues raised by the Convention. In six parts, this volume discusses the basic concepts and leading principles; the provision of services; the rights of patients; research; human tissue and genetics; and the implementation of the Convention.

Conceiving the Embryo

Ethics, Law and Practice in Human Embryology

Edited by Donald Evans and Neil Pickering

This volume of essays, together with its companion Creating the Child: The Ethics, Law and Practice of Assisted Procreation (Martinus Nijhoff, The Hague, 1996, ISBN 90-411-0207-8) is the result of a concerted action in the BIOMED programme of the European Commission, which was coordinated by the Editor. Clinicians, lawyers and philosophers explore the theoretical and practical problems presented by the new technologies in assisted human reproduction in Eastern, Central and Western Europe. The central question of the status of the human embryo is examined in the light of recent biological discoveries and cultural and legal dissonance within and between the various countries in Europe.

Johan Legemaate

161 NEWS AND VIEWS The CIOMS Guidelines for Biomedical Research Involving Human Subjects JOHAN LEGEMAATE Professor of Health Law, Department of Health Policy and Management, Erasmus University, Rotterdam, The Netherlands Introduction ° In 1982 the Council for International Organizations of


333 European Journal of Health Law 8 : 333-352, 2001. © 2002 Kluwer Law International. Printed in the Netherlands. Protecting the Rights of Human Subjects in Emergency Research AURORA PLOMER 1 Emergency research in the USA came to a crisis in 1993 when Federal agencies effectively imposed a


European Journal of Health Law 8 : 293-298, 2001. © 2002 Kluwer Law International. Printed in the Netherlands. EDITORIAL Medical Research Involving Human Subjects: Towards an International Legal Framework? Introduction There are several reasons to address the protection of research subjects not

Jean Herveg

their right to private life, in front of technologies that allows for the exploitation of data related to them. At the level of the Council of Europe , the issue of data protection has been formally raised as soon as the end of the 1960s. It was within the framework of reflections on the subject of