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On the whole it is evident that the prevention of disease and health care provisions in the UK no longer dominates modern health care law. It is still an important issue in relation to the legal framework of medical law

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Introduction

"The Focus of Modern Health Care has been ... on the Impact of Disease and the Way in Which it Affects the Human Body ... On this Basis the Scope of Health Care Law will be Largely Confined to the Control of Disease and the Provision of Health Care Services. Given the Influence of Modern Medicine on the Development of Health Care Services it is not surprising that this More Limited View Dominates the Modern English Legal Framework." (Montgomery, J. Health Care Law 1st edition (1997)) "In Our View, Therefore, Medical Law is a Subset of Human Rights Law" (Kennedy, I & A. Grubb. Medical Law 3rd edition (2000)) The law concerning the delivery of health care is constantly changing, and media attention is often attracted by the latest story on some legal aspect of the practice of medicine. The source of healthcare law gives an indication of the magnitude of the subject and demonstrates, without embellishment, the wider influences that are brought to bear on our law makers when they consider issues of medical law. Such influences include human rights law, European Union law and the provisions of health care services.1 As a result, medical ethics and human rights issues now command much more attention in the medical profession and society. The UK government has committed itself under international law2 to the promotion of its citizen's health and the prevention of disease. ...read more.

Middle

This will also enable people with less serious disorders to receive medical attention at an earlier stage, when their condition can be more easily treated and thereby prevented from progressing to a more serious condition. Millions of people in Britain suffer from chronic disorders. Even the most advanced and expensive methods of treatment used in the current health system have been unable to prevent and treat these conditions successfully. Guaranteeing quality in healthcare provision and disease prevention is one the key Government health policies. New organisations such as NICE (National Institute of Clinical Excellence), CHI (Commission for Health Improvement) and NPSA (National Patient Safety Agency) have been created to help improve the quality of healthcare provision in the NHS. Patients today expect far more and are more prepared to litigate and complain. The strategy sets out to: describe the scope and nature of the threat posed by infectious diseases to the health of the population of England; and establish the priorities for action to combat the present as well as possible future threat posed by infectious diseases. The strategy set out in the Government's White Paper 'Saving Lives: Our Healthier Nation' describes the scope and nature of the threat posed by infectious diseases to the health of the population of England; and establishes the priorities for action to combat the present as well as possible future threat posed by infectious diseases.8 However, modern health care law is not confined to the control of disease and provision of health care services, as described by Montgomery. ...read more.

Conclusion

They believe this is mainly due to the absence of constant views expressed by legislation or common law on autonomy, respect for dignity, truth telling and consent. It may be that, in time, respect for articulated human rights can lead to the creation of a more coherent framework that will explain medical law and will also act as a guide to actions that may be proposed in the future.18 Current English law is not quite at that stage yet. 1 Montgomery, J. Health Care Law 1st edition (1997), page 476 2 European Social Charter of 1961 (as revised in 1996). Sourcebook on Medical Law, 2nd edition, Stauch, M & Wheat, K. (2002), page 55 3 BMA (1999). Briefcase on Medical Law, Maclean, A. (2001), page 6 4 Briefcase on Medical Law, Maclean, A. (2001), page 185 5 Human Rights Act (1998) s. 3 (1) 6 Hazards of Modern Medicine. http://www.natural-law-party.org.uk/UKmanifesto/health11.htm 7 Government White Paper, 1942. 8 Getting Ahead of the Curve. http://www.doh.gov.uk/cmo/idstrategy/execsum.htm 9 http://www.natural-law-party.org.uk/UKmanifesto/health5.htm 10 George Annas, 'The Function of Legal Rights in the Health Care Setting' in Spicker et al., op. cit, at page 265. 11 Davies, M. Textbook on Medical law, 2nd edition, (2000), page 16 12 (1993) AC 789 13Article 2: 'Everyone's right to life shall be protected by law' 14 see footnote 13 15 as illustrated in Paton v uk (1980) 16 Health Care Law: Text and Materials, 1ST Edition, Mchale, J & M. Fox, (1997), page 185 17 Briefcase on Medical Law, Maclean, A. (2001), page 189 18 Davies, M. Textbook on Medical law, 2nd edition, (2000), page 16 ?? ?? ?? ?? ...read more.

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