Mary Donnelly - Ethical and Legal Debates in Irish Healthcare: Confronting Complexities

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ETHICAL AND LEGAL DEBATES IN IRISH HEALTHCARE

IRISH SOCIETY

The Irish Society series provides a critical, interdisciplinary and in-depth analysis of Ireland that reveals the processes and forces shaping social, economic, cultural and political life, and their outcomes for communities and social groups. The books seek to understand the evolution of social, economic and spatial relations from a broad range of perspectives, and explore the challenges facing Irish society in the future given present conditions and policy instruments.

SERIES EDITOR
Rob Kitchin

ALREADY PUBLISHED

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The domestic, moral and political economies of post-Celtic tiger Ireland: What rough beast?
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Challenging times, challenging administration: The role of public administration in producing social justice in Ireland
Chris McInerney

Corporate and white-collar crime in Ireland: A new architecture of regulatory enforcement
Joe McGrath

Management and gender in higher education
Pat OConnor

Defining events: Power, resistance and identity in twenty-first-century Ireland
Edited by Rosie Meade and Fiona Dukelow

ETHICAL AND LEGAL DEBATES IN IRISH HEALTHCARE

Confronting complexities

Edited by Mary Donnelly and Claire Murray

MANCHESTER UNIVERSITY PRESS

Copyright Manchester University Press 2016

While copyright in the volume as a whole is vested in Manchester University Press, copyright in individual chapters belongs to their respective authors, and no chapter may be reproduced wholly or in part without the express permission in writing of both author and publisher.

Published by Manchester University Press
Altrincham Street, Manchester M1 7JA
www.manchesteruniversitypress.co.uk

British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data applied for

ISBN 978 0 7190 9946 5

First published 2016

The publisher has no responsibility for the persistence or accuracy of URLs for any external or third-party internet websites referred to in this book, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate.

Typeset by
Servis Filmsetting Ltd, Stockport, Cheshire

Contents

Introduction
Mary Donnelly and Claire Murray

1 Reproductive justice in Ireland: a feminist analysis of the Neary and Halappanavar cases
Joan McCarthy

2 Conscientious objection, harm reduction and abortion care
Ruth Fletcher

3 Why care about carers?
Claire Murray

4 The limits of autonomy: an exploration of the role of autonomy in the debate about assisted suicide
Louise Campbell

5 If they can consent, why cant they refuse?
Tom Walker

6 Patient autonomy and responsibilities within the patientdoctor partnership: two sides of the same unequal coin?
Asim A. Sheikh

7 Older people, human rights, law and policy
Mary Keys

8 Legal and ethical considerations in involuntary admissions to long-term care
Shaun T. OKeeffe

9 Retention and use of human biological samples: the Guthrie card example
Deirdre Madden

10 A moral gap? Examining Irelands failure to regulate embryonic stem cell research
Ciara Staunton

11 Children in clinical trials in Ireland: addressing the gaps in the legal framework
Katherine Wade

12 Governance failures and organisational ethics: perspectives from the Neary and Halappanavar cases
Heike Felzmann

13 Psychiatric admission in Ireland: the role of country of origin
Brendan D. Kelly

14 Protecting rights in mental health law: the relationship between the courts and mental health tribunals
Darius Whelan

15 Patient-centred dying: the role of law
Mary Donnelly

16 Improving end-of-life care in intensive care units
Barry Lyons

Contributors

Louise Campbell is a Clinical Ethicist and a Lecturer in Medical Ethics at National University of Ireland, Galway and co-author of End-of-Life Care: Ethics and Law (Cork: Cork University Press, 2011).

Mary Donnelly is a Professor of Law at University College Cork. Her books include Healthcare Decision-Making and the Law: Autonomy, Capacity and the Limits of Liberalism (Cambridge: Cambridge University Press, 2010) and she is co-author of End-of-Life Care: Ethics and Law (Cork: Cork University Press, 2011).

Heike Felzmann is a Lecturer in Ethics at the National University of Ireland, Galway. Her research interests are in healthcare ethics, research ethics and information ethics. She has contributed to several European and national research projects on bioethical and research ethical issues and was a member of national working groups that developed Irish research ethics guidance documents.

Ruth Fletcher is a Senior Lecturer in Medical Law at Queen Mary, University of London. She is Academic Editor of Feminist Legal Studies and has published widely in the area of reproductive rights. She leads the ReValuing Care network, an international, interdisciplinary network which aims to create spaces for dialogue about care across a range of contexts.

Brendan D. Kelly is Associate Clinical Professor of Psychiatry at University College Dublin and Editor-in-Chief of the Irish Journal of Psychological Medicine. Recent books include Custody, Care and Criminality (Dublin: The History Press), Ada English: Patriot and Psychiatrist (Dublin: Irish Academic Press) and He Lost Himself Completely: Shell Shock and its Treatment at Dublins Richmond War Hospital (19161919) (Dublin: Liffey Press).

Mary Keys is a Lecturer in Law at National University of Ireland, Galway and has published widely on mental health and mental capacity law. She is a member of the Mental Health Commission and is involved in a number of non-governmental organisations.

Barry Lyons is a Consultant Anaesthetist at Our Ladys Hospital for Sick Children, Crumlin and a Lecturer in Medical Ethics at Trinity College Dublin. He holds a PhD in Bioethics from the University of Manchester and has published extensively in the fields of parental rights, children and bioethics.

Deirdre Madden is a Professor of Lawat University College Cork. Her books include Medicine, Ethics and the Law (Dublin: Bloomsbury, 2nd edn, 2011) and Medical Law (Alphen aan den Rijn: Kluwer, 2010). She was Chair of the Medical Councils Ethics Committee from 20062012 and is a member of the National Advisory Committee on Bioethics.

Joan McCarthy is a College Lecturer in Healthcare Ethics in the School of Nursing and Midwifery, University College Cork.She is the author of

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