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Law and Ethics for Health Practitioners
- 2nd Edition - October 1, 2023
- Author: Sonia Allan
- Language: English
- Paperback ISBN:9 7 8 - 0 - 7 2 9 5 - 4 4 2 5 - 2
- eBook ISBN:9 7 8 - 0 - 7 2 9 5 - 9 8 7 9 - 8
Accessible and easy to follow, the book provides a clear and concise introduction to the Australian legal and health systems, discussion of legal rules and regulations that go… Read more
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Request a sales quoteAccessible and easy to follow, the book provides a clear and concise introduction to the Australian legal and health systems, discussion of legal rules and regulations that govern health practice, and a guide to ethical principles, theories and approaches to support health practitioner decision making and practice. It is an essential resource presenting well-researched information in an easy-to-understand way, and practical guidance for health practitioners to apply the concepts discussed to their daily work.
This book is ideal for students undertaking a law and ethics unit in any health or medical course, as well as being an excellent resource for health practitioners practising in areas ranging from medicine to nursing, dentistry, occupational therapy, physiotherapy, podiatry, psychology or any other allied health profession.
Makes dry legal and ethical content interesting and easy to follow – accessible for all students and health practitioners.
Clear and succinct explanations of current laws, ethical principles and theories make learning and application to practice easy.
Explores hot topics such as consent, child and elder abuse, end-of-life decision making, management of health information, mental health legislation, negligence, tissue and organ donation, the regulation of drugs and poisons, and more.
Provides practical information about working with legal representatives.
Applied case examples link theory to clinical practice.
Suitable for students and practitioners of a wide variety of health disciplines.
Written by an expert in health law with contributions from health practitioners who provide practical insight into issues faced in diverse areas of clinical practice.
New to this edition
Fully updated throughout
Additional coverage of how the law and ethics interact, ethical theories, decision making, leadership and self-care, now discussed across three chapters
Ethical considerations embedded throughout legal chapters where appropriate to further consolidate how the law and ethics may interact
New and expanded coverage and guidance to assist health practitioners who must work with legal representatives, and appear in court
A new chapter on alternative dispute resolution and tribunals
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- Cover image
- Title page
- Table of Contents
- Copyright
- Dedication
- Preface
- About the author
- Acknowledgements
- Contributors
- Reviewers
- List of Illustrations
- List of Tables
- Section 1. Introduction to law for health practitioners
- 1. Introduction to the Australian legal system
- Introduction
- Australia as a federation
- Distribution of power between the states and the commonwealth
- The separation of powers
- Legislation
- Types of law
- General features of the Australian legal system
- Alternative dispute resolution
- The court hierarchy
- Skills relevant to understanding judicial decisions and legislation
- Review questions and activities
- Further reading
- Endnotes
- 2. Introduction to the Australian health system
- Introduction
- The history of Australia’s universal health system
- Access to health care – evolving schemes
- Healthcare expenditure
- The charter of healthcare rights
- Review questions and activities
- Further reading
- Endnotes
- 3. The regulation of health practitioners
- Introduction
- The national registration and accreditation scheme
- Voluntary notifications
- Codes of conduct
- Disciplinary issues
- Mental or physical incapacity or impairment
- Disciplinary process
- Health practitioners not regulated by the national scheme
- Review questions and activities
- Further reading
- Endnotes
- Section 2. Introduction to ethics for health practitioners
- 4. Introduction to ethics and key ethical frameworks
- Introduction
- What is ethics?
- Codes of ethics
- Distinguishing between ethics and law
- Ethical issues, dilemmas, conflict and challenges
- Frameworks for ethical analysis, reasoning and decision making
- Review questions and activities
- Further reading
- Endnotes
- 5. Key components of ethical reasoning and decision making
- Introduction
- Reactive versus proactive ethical practice
- Deriving a process for ethical decision making
- Ethical decision making: Early-career versus experienced health practitioners
- Reflective practice
- Review questions and activities
- Endnotes
- 6. Contemporary ethical issues in health care, collaboration, leadership and self-care
- Introduction
- Contemporary ethical issues in health care
- Collaboration
- Ethical leadership
- Self-care
- Review questions and activities
- Further reading
- Endnotes
- Section 3. Key concepts relevant to health care delivery
- 7. Management of health information
- Introduction
- Establishing and maintaining healthcare records
- Computerised records and electronic health
- Privacy and confidentiality of health information
- Collecting health information via a third party
- Access to health information
- Government policy
- Access pursuant to the court process
- Storage and disposal of healthcare records
- Codes of conduct and codes of ethics
- Review questions and activities
- Further reading
- Endnotes
- 8. Negligence
- Introduction
- Negligence
- Elements of a negligence action
- Wrongful death
- The Australian open disclosure framework and apologies
- Vicarious liability
- Non-delegable duty of care
- Alternative actions
- Review questions and activities
- Further reading
- Endnotes
- 9. Civil liability for ‘trespass to person’ and ‘defamation’
- Introduction
- Trespass to person
- Damages
- Ethical health practitioners and matters of consent to or refusal of treatment
- Defamation
- Offer to make amends: Apologies
- Damages and costs
- Limitation periods
- Ethical practice when communicating to and about people
- Review questions and activities
- Further reading
- Endnotes
- 10. Criminal law and issues related to health care
- Introduction
- What is a crime?
- Sources of criminal law
- Features of the criminal law
- Elements of a crime
- Criminal negligence
- Absolute liability
- Strict liability
- Parties to offences: Accomplices
- Criminal law defences
- Homicide
- Child destruction and feticide
- Additional criminal offences
- Australian health practitioner regulation authority and criminal offences
- Review questions and activities
- Further reading
- Endnotes
- Section 4. Matters of life and death
- 11. Registration of births and deaths and the coroners court
- Introduction
- Notification and registration of births and deaths
- The coroner
- Review questions and activities
- Further reading
- Endnotes
- 12. Abortion, wrongful birth, wrongful life and prenatal injury
- Introduction
- Abortion
- Claims regarding wrongful birth, wrongful life and prenatal injury
- Review questions and activities
- Further reading
- Endnotes
- 13. Assisted reproduction and surrogacy
- Introduction
- Regulation and oversight of ART
- Access to ART
- Parentage
- Access to information by donor-conceived people
- Numerical limits for donation
- Posthumous use of gametes
- Surrogacy
- Review questions and activities
- Further reading
- Endnotes
- 14. Advance care planning and end of life decision making
- Introduction
- Advance care planning and directives
- Support or substitute decision makers
- Commonwealth legislation
- ‘Not for resuscitation’ or ‘do not resuscitate’ orders
- Ethical considerations
- Review questions and activities
- Further reading
- Endnotes
- Section 5. Further practice considerations
- 15. The removal and donation of human blood, tissue and organs
- Introduction
- Ethical and legal issues
- Review questions and activities
- Further reading
- Endnotes
- 16. The regulation of drugs and poisons
- Introduction
- Federal regulation
- State and territory regulation
- Policy
- Complementary medicines
- Definitions
- Storage and destruction of scheduled medicines and poisons
- Record keeping
- Prescribing
- Administration of drugs
- Verbal orders
- Supply of drugs without a prescription
- Standing orders
- Medication error
- Ethical practice in relation to drugs and poisons
- Review questions and activities
- Further reading
- Endnotes
- 17. Mental health law and ethics
- Introduction
- International law and policy
- Australian policies and standards
- State and territory legislation
- Definitions of mental illness
- Admission to hospital and care orders
- Treatment without the patient’s consent
- Seclusion and restraint
- Restricted treatment
- Electroconvulsive therapy
- Psychosurgery
- Ill-treatment and neglect
- Mental health review boards/tribunals
- Ethical practice when caring for people with mental health concerns
- Review questions and activities
- Further reading
- Endnotes
- 18. Child and elder abuse
- Introduction
- Child abuse
- Elder abuse
- Ethical practice for health practitioners working with children and/or elders
- Review questions and activities
- Further reading
- Endnotes
- Section 6. Law and ethics in action
- 19. Working with legal representatives
- Introduction
- Legal documents
- Discovery (disclosure) and inspection of documents
- Interrogatories
- Notice of non-party disclosure
- Subpoenas
- Rules of evidence and the standards of proof
- Sequence of the trial
- Categories of evidence
- Witnesses – professional expertise
- Expert reports
- Justices of the peace
- Review questions and activities
- Further reading
- Endnotes
- 20. Alternative dispute resolution: Mediation, conciliation and arbitration
- Introduction
- Types of alternative dispute resolution
- Healthcare complaints resolution and ADR
- Ethical practice in relation to ADR processes in Australia
- Conclusion
- Review questions and activities
- Further reading
- Endnotes
- 21. Case studies: Guided application of legal and ethical principles
- Introduction
- Case studies
- Conclusion
- Review questions and activities
- Further reading
- Endnotes
- Index
- No. of pages: 274
- Language: English
- Edition: 2
- Published: October 1, 2023
- Imprint: Elsevier
- Paperback ISBN: 9780729544252
- eBook ISBN: 9780729598798
SA
Sonia Allan
Affiliations and expertise
Professor of Law, School of Law, University of New England, NSW, Australia