Tensions and Traumas in Health Law

This book builds upon the successful Controversies in Health Law (1999) and Disputes and Dilemmas in Health Law (2006). Under the same editorship, it is substantially larger (37 chapters instead of 18 and 30 respectively) and correspondingly more comprehensive. It retains the lively analysis and the focus on controversial and cutting-edge problems in health law. The chapters are broken up into 10 parts covering Human Rights Issues; Ethico-Legal Issues; Global Health Issues; Consent Issues; Privacy and Confidentiality Issues; Reproductive Technology Issues; Health Research Issues; Death and Dying Issues; Legal Liability Issues; and Reform and Regulatory Issues. They consider issues raised by new technologies, changing legislation and altering community expectations; by new regulatory processes for medicine and all of the health professions; by important changes to civil liability for medical negligence; by likely changes to the legality of assisted dying/euthanasia law; by biobanking and embryo research. Tensions and Traumas in Health Law covers questions on property in human tissue and on the ethical and legal aspects of the genetics revolution; provides a modern take on `old' issues such as reproductive law and on refusal of treatment for seriously ill minors; takes account of changes relating to the delivery of health services such as global and public health law policies, and by health tourism; reviews the dilemmas posed by regulation of unregistered health professions, research misconduct and the forensic role of health practitioners; and discusses how difficult cases in relation to informed consent, lost chance litigation, mental harm claims and wrongful birth cases have pushed compensability to its edges.

Dr Ian Freckelton QC is a Queen's Counsel in full-time practice throughout Australia. He undertakes trial, appellate and advisory work as a barrister across a range of areas, including administrative, criminal law, health law, personal injury law and commercial law. He has been appointed to 10 statutory tribunals and is currently a member of Victoria's Mental Health Tribunal and of the Coronial Council of Victoria, as well as the federal Medicinal Cannabis Advisory Council. He was previously a member of Victoria's Medical Practitioners Board, Psychologists Registration Board, and Disciplinary Appeals Board. He has been a Commissioner at the Victorian Law Reform Commission. He is a member of the Victorian Bar Council and of the Ethics Committee of the Victorian Bar. Ian is an elected member of the Australian Academy of Law, the Australian Academy of Social Sciences, and the Australasian College of Legal Medicine, and a life member of the Australian and New Zealand Association of Psychiatry, Psychology and Law, having been its transnational President and its Victorian President. He is a Professorial Fellow in Law and Psychiatry at the University of Melbourne, an Adjunct Professor of Forensic Medicine at Monash University, an Adjunct Professor of Law at La Trobe University, and an Adjunct Professor at the Australian Centre for Health Law Research in the Faculty of Law, Queensland University of Technology. Ian is the founding Editor of the Journal of Law and Medicine and the Editor-in-Chief of Psychiatry, Psychology and Law, as well as the author and editor of many books and over 600 peer-reviewed articles and chapters of books on expert evidence, criminal law, medical law, mental health law, criminal injuries compensation law, human rights law, therapeutic jurisprudence, personal injuries law, tribunal practice, and causation.

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