Healthcare law and ethics and the challenges of public policy making : selected essays / Ian Kennedy.

Format:

Book

Author/Creator:

Kennedy, Ian, 1941- author.

Language:

English

Subjects (All):

Medical care--Law and legislation--Great Britain.

Medical care.

Physical Description:

1 online resource (367 pages)

Other Title:

Healthcare law and ethics and the challenges of public policy making

Place of Publication:

Zed Books

London : Bloomsbury Publishing Plc, [2021]

Summary:

Drawing on Sir Ian Kennedy's extensive experience in healthcare law, ethics and public policy-making, this book explores vital issues in the law surrounding healthcare and regulation. The book contains a range of published and unpublished essays and speeches with the addition of notes and commentaries by the author that bring the pieces up to the present day. Those who want to understand developments, from transplants to confidentiality, from COVID-19 to public inquiries to regulation will find a rich seam of rigorous, informed analysis. The author's unique range of experience allows him to share insights on a variety of issues; from the conduct of the disgraced breast surgeon, Ian Paterson, to research at Porton Down, to the economics of innovation in drug development at NICE. His abiding interest in the welfare of children informs his trenchant forensic examination of how children fare in the NHS. Those involved in or with an interest in law, moral philosophy, and public policy will find much food for thought.

Contents:

Intro

Acknowledgements

Contents

Introduction

Postscript

PART I: CHILDREN

1. Caring about Children - Who Cares?

What to Do?

2. Getting it Right for Children and Young People: Overcoming Cultural Barriers in the NHS So as to Meet Their Needs

Foreword

Post-Postscript

1. Introduction

2. Services for Children and Young People - An Overview

3. Is the NHS Meeting the Needs of Children and Young People?

4. Cultural Barriers and How to Address Them

5. Conclusion

Annex A: Terms of Reference: Review of NHS Services for Children

Part II: Regulation in the Public Sector

3. CHAI - Making it Better

CHAI

CHAI and Children

Some Concerns for the Future

Conclusion

4. The Healthcare Commission's Blueprint for Regulation

5. The Safety of Healthcare: The Role of Regulation

Regulation in the Architecture of Health and Healthcare

The Aim of Regulation in Relation to Safe Care

How Should the Regulator Achieve These Aims?

An Analysis of Safe Care

Standards of Performance

Measuring Compliance

Collecting and Analysing the Data

Reporting, Intervening and Investigating

6. Value for Money - Who Says?: The Independent Parliamentary Standards Authority - A Case Study

Approaches to Understanding Vfm

The Problem of 'Value'

The Key Question

The '3Es'

The Real World of Vfm

Enter the Public

Re-enter the 'Expert'

Back to Real Vfm

Democratic Engagement: The Example of NICE

IPSA and Vfm

PART III: MEDICAL LAW AND ETHICS: FROM HUNTINGTON'S DISEASE TO COVID-19

7. Huntington's Disease and Confidentiality

Analysis

Ethics

Law

The ABC Case

8. Reflections on Charlie Gard

9. Doing What's Best - Who Says?.

10. Ethical Issues in Transplantation

The Determination of Death

The Allocation of Organs

Increasing the Supply

Commerce in Organs

11. A Collection of Children's Hearts

This Review

The Way Forward

Recommendations

Annex 1 Other Centres

12. Safety and Blame: Learning from Mistakes in the NHS

NHS, Clinical Negligence and £83bn

13. Deprivation of Liberty and Medical Care

Mental Health Act 2007

Mental Capacity Act 2005

MHA or MCA?

14. Rights and Values in Health and Healthcare

People and Their Stories

Real People, Real Problems

The Need for Answers

The Discourse of Rights

The Discourse of Rights in Two Contexts

Enter Choice

Choices and Values

Whither Rights

Back to the Real World of Healthcare

So: How to Respond?

15. Sumption's Gambit - Give Me Liberty and Give Me Death

Part IV: Inquiries and Reviews

16. Public Inquiries: Experience from the Bristol Public Inquiry

Bristol

Background

A Starting Point

Criteria for Establishing a Public Inquiry

Applying the Criteria - Deciding on a Public Inquiry

The Chair

Terms of Reference

What are Public Inquiries for?

How to Meet these Purposes?

17. The Paterson Review

18. Inquiries in the NHS: What's the Point?

Inquiries in the NHS

19. Appraising the Value of Innovation: A Review for NICE

2. Innovation

3. Diagnostic Tools, Devices and Other Therapies

20. Research at Porton Down: An Ethical Assessment

Guiding Principles

My Approach

The Commissioning and Supervision of Research at Porton

The Conduct of Research

Formality of Consent

Risk and Safety

The Role of Ethics Committees

Compensation.

Awareness of and Compliance with Codes and Guidelines

PART V: A PUBLIC FIGURE

21. Meet the Press

Two Postscripts

22. Working with the Media: A View from the Frontline

The Question

The Starting Point - The Educator

The Educator and the Media

The Educator's Duty

Printed Media

Radio

Television

The Reith Lectures 1980

Reacting to the Media and the Development of Bioethics

PART VI: TRIBUTES

23. Professor Aidan Halligan

24. Sir Donald Irvine

25. Sir Eric Scowen

Professor Sir Ian Kennedy Biography

Index.

Notes:

Description based on print version record.

ISBN:

9781509950454

1509950451

OCLC:

1267766380