• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

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

Extracts from this document...


"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.


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.


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.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. Marked by a teacher

    the english legal system unit1 assignment4

    4 star(s)

    By way of section 13 of the Supreme Court Act 1981 the hierarchy of the judges is laid down and is as follows: The Lord Chancellor who is unique in being a political appointment. The Lord Chief Justice of England and Wales, The Master of the Rolls, The President of

  2. Marked by a teacher

    The english legal system unit1 assignment3 three part question

    3 star(s)

    from their own previous decisions when it appears right to do so. In conclusion Judges have a great deal of flexibility in applying precedent. This is done by distinguishing one precedent from another. Where a judge, for example, considers the material facts of a present case to be sufficiently different

  1. Free essay

    How effective are domestic and international legal measures in dealing with human trafficking?

    Act 1999. This act established legislation to formally criminalise trafficking and related crimes, and increase penalties for trafficking related offenses. It was this very legislation that was to serve the purpose of providing the Australian Government with the precision and authority to pursue an aggressive criminal justice response.

  2. Explain the distinction between the law and morals and consider the importance of the ...

    in to the judicial system regarding homicide can be seen in the cases of Wragg and Sutcliffe. In both cases here diminished responsibility was used as a defence however it was successful in Wragg but not in Sutcliffe however medical evidence suggested in both cases that the defendants did have an abnormality of mind.

  1. The Land Registration Act 2002 heralds major changes to the law and procedures regarding ...

    the landowner's title will already have been extinguished12 and the new scheme does not apply. The squatter is entitled to be registered as of right and his possessory title will survive any sale of the paper title as an overriding interest which takes place within the first three years13.

  2. Custodial Care

    on how to get a job they also are there to give information on certain things that which the prisoner might want to know about. In order for the prisoners to rehabilitate, the prison officers would need to be supportive and encouraging the prisoner into positive behaviour.

  1. Health Care Ethics and Law

    How does this relate to the care of people with learning disabilities? Fairbairn (2002) argues that a consideration of the legal and ethical problems sexuality raises in relation to people with learning disabilities is central to practice. There has been some outcry in the nursing press about professionals assisting learning

  2. "The dichotomy between employee and self-employed is being eroded in employment law, so much ...

    no financial contribution and took no risk of profit and loss as detailed in Market Investigations. Home workers and casual workers are particular groups where establishing the nature of the relationship may prove difficult13. In both Airfix Footwear Ltd. V Cope14 and Nethermere (St Neots)

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work