| Description |
1 online resource |
| Contents |
Cover; Half Title; Title Page; Copyright Page; Table of Contents; Acknowledgements; Table of Legislation; Table of Cases; Introduction: law, palliative care and dying: legal and ethical challenges; Introduction to central themes; Terminology; Palliative care; Specialist palliative care; End-of-life care; Euthanasia; Defining the research boundaries; Chapter structure; 1. The development and practice of palliative care; 1.0 Introduction; 1.1 The development of hospice and palliative care; 1.1.1 The emergence of modern palliative care; 1.1.2 Expansion in categories of palliative care patients |
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1.2 Palliative care providers1.2.1 Hospice care; 1.2.2 Hospitals; 1.2.3 The community setting; 1.3 Palliative care practices; 1.3.1 Sedation in palliative care; 1.3.2 Artificial nutrition and hydration; 1.4 Conclusion; 2. Specialist palliative care and euthanasia: a legitimate distinction?; 2.0 Introduction; 2.1 Euthanasia: law and practice in the Netherlands; Defining 'lasting and unbearable suffering'; 2.2 Murder: identifying the requisite intention; 2.3 The legal and ethical justification of specialist palliative care practices; 2.3.1 The doctrine of double effect |
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2.3.2 Palliative sedation without artificial nutrition and hydration2.4 Conclusion; 3. The human rights framework for palliative care; 3.0 Introduction; 3.1 Defining the concept of autonomy; 3.1.1 The role of autonomy in advancing palliative care goals; 3.1.2 The liberal conception of autonomy in palliative care; 3.1.3 Patient autonomy and the law; 3.1.4 The refusal of medical treatment; 3.1.5 A demand for medical treatment; 3.1.6 Capacity in Ireland and England and Wales; 3.2 The concept of dignity in palliative care |
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3.2.1 Inadequate palliative care provision as inhuman or degrading treatment?3.2.2 The right to physical integrity -- respect for private and family life; 3.3 A right to palliative care?; 3.3.1 Advocating for a right to palliative care; 3.3.2 The basis of a right to palliative care in international law; 3.3.4 The basis of a right to palliative care in domestic law; 3.4 Conclusion; 4. The legal framework for palliative care in the United Kingdom and Ireland; 4.0 Introduction; 4.1 The legal framework in England and Wales for palliative care |
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4.1.1 Shaping palliative care provision and development4.1.2 The standard setting function of the General Medical Council; 4.1.3 The demise of the Liverpool Care Pathway; 4.1.4 The planning and commissioning of palliative care services; 4.1.5 The contribution of the National Institute for Health and Care Excellence; 4.1.6 An emerging legislative response to palliative care provision; 4.2 The legal framework for palliative care in Ireland; 4.2.1 A framework for palliative care development; 4.2.2 The Irish Medical Council; 4.2.3 The Nursing and Midwifery Board of Ireland |
| Summary |
Law, Palliative Care and Dying critically examines the role of the legal framework in shaping the boundaries of palliative care practice. The work underlines the importance of a distinct legal framework for specialist palliative care which can provide clarity for both the healthcare professional and the patient. It examines the legal and ethical justifications for specialist palliative care practices and, in doing so, it questions the legitimacy of the distinction between euthanasia and practices such as palliative sedation. Moreover, this work discusses the influence of a human rights discourse on palliative care and examines the contribution of autonomy, dignity, and the right to palliative care. This book includes detailed comparative research on several European jurisdictions. The jurisdictions illustrate varied approaches to palliative care regulation and promotion. In this manner, the role of professional guidelines and legislation are drawn out and common themes in the regulation of palliative care emerge |
| Bibliography |
Includes bibliographical references and index |
| Subject |
Terminal care -- Law and legislation -- Europe
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Palliative treatment -- Europe
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Euthanasia -- Law and legislation -- Europe
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LAW -- Administrative Law & Regulatory Practice.
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Euthanasia -- Law and legislation
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Palliative treatment
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Terminal care -- Law and legislation
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Europe
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| Form |
Electronic book
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| ISBN |
9781351716727 |
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1351716727 |
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9781351716734 |
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1351716735 |
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9781315179568 |
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1315179563 |
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