International library of ethics, law, and the new medicine ;
volume 76
Intro; Foreword; Contents; 1 Introduction; 2 The Making of Advance Directives; 2.1 Advance Directives in Medical Treatment; 2.1.1 Beneficence and the Rise of Patient Autonomy in Doctor-Patient Relationship; 2.1.2 Autonomy in Medical Law and Advance Directives; 2.2 The Advance Directives Debate; 2.2.1 Autonomy, Privacy and Trust; 2.2.2 Utility and Conceptual Problems; 2.3 Conclusion; 3 Legal Responses to the Challenges of Making Advance Directives; 3.1 Introduction; 3.2 Case Study I: England and Wales; 3.2.1 Advance Directives Under the Common Law.
3.2.2 Advance Directives Under the Mental Capacity Act ("MCA") 20053.2.3 Conclusion; 3.3 Case Study II: New Zealand; 3.3.1 Overview of the Medico-Legal Framework; 3.3.2 The Medical Professional's Attitude Towards ADs; 3.3.3 Conclusion; 3.4 Case Study III: Canada; 3.4.1 The Position of ADs in Canada; 3.4.2 Validity of Advance Directives: Capacity, Voluntariness and Understanding; 3.4.3 Applicability of Advance Directives: Scope, Clarity and Subsequent Changes; 3.4.4 Conclusion; 3.5 Case Study IV: Singapore; 3.5.1 Overview of ADs in Clinical Practice and Society.
3.5.2 Legal Framework Governing ADs in Singapore3.5.3 Conclusion; 3.6 Common Themes and Divergences; 3.6.1 Validity of Advance Directives; 3.6.2 Application; 3.6.3 Subsequent Changes; 3.6.4 Doctors' Liability; 3.7 Conclusion; 4 Rethinking the Approach to Advance Directives; 4.1 Introduction; 4.2 The Distinctions Between a Contemporaneous Refusal and an Advance Refusal: Two Diverging Spectrums of Decision-Making; 4.2.1 The Contemporaneous Refusal Spectrum; 4.2.2 The Advance Refusal Spectrum; 4.3 A Supported Decision-Making Approach to Strengthening ADs.
4.3.1 Origins of the Supported Decision-Making (SDM) Concept4.3.2 SDM Approach: The Preferred Method to Creating ADs; 4.3.3 Empowering Patients Through SDM: The Autonomy Framework in ADs; 4.4 Conclusion; 5 A Supported Decision-Making Model for Advance Directives; 5.1 Introduction; 5.1.1 A-Type ADs; 5.1.2 B-Type ADs; 5.1.3 T-Type ADs; 5.2 Application in ADs Cases; 5.2.1 A-Type AD: Conventional SDM Application; 5.2.2 B-Type ADs: Modification of SDM Approach; 5.2.3 T-Type ADs: Some Applications of SDM Approach; 5.3 Conclusion; 6 Regulating Advance Directives; 6.1 Introduction.
6.1.1 Formalities and ADs6.1.2 Non-compliance with Formal Requirements; 6.2 Should the SDM Approach Be Formalised?; 6.3 Golden Rules for Making Advance Directives; 6.3.1 A-Type ADs; 6.3.2 B-Type ADs; 6.3.3 T-Type ADs; 6.3.4 Application of SDM in Jurisdictions with Statutory Regime; 6.4 Conclusion; Bibliography; B. Cases; C. Consultation Papers/Law Commission Reports; D. Books; E. Book chapters; F. Articles; G. Other sources.
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This book offers a new perspective on advance directives through a combined legal, ethical and philosophical inquiry. In addition to making a significant and novel theoretical contribution to the field, the book has an interdisciplinary and international appeal. The book will help academics, healthcare professionals, legal practitioners and the educated reader to understand the challenges of creating and implementing advance directives, anticipate clinical realities, and preparing advance directives that reflect a higher degree of assurance in terms of implementation.
Springer Nature
com.springer.onix.9783030009762
Advance Directives: Rethinking Regulation, Autonomy and Healthcare Decision-Making.
9783030009755
Advance directives (Medical care)
Advance directives (Medical care)
Bio-ethics.
Jurisprudence & philosophy of law.
Medical & healthcare law.
POLITICAL SCIENCE-- Public Policy-- Social Security.
POLITICAL SCIENCE-- Public Policy-- Social Services & Welfare.