Medical Law

Health is a matter of fundamental importance in European societies, both as a human right in itself, and as a factor in a productive workforce and therefore a healthy economy. New health technologies promise improved quality of life for patients suffering from a range of diseases, and the potential for the prevention of incidence of disease in the future. At the same time, new health technologies pose significant challenges for governments, particularly in relation to ensuring the technologies are safe, effective, and provide appropriate value for (public) money. To guard against the possible dangers arising from new health technologies, and to maximize the benefits, all European governments regulate their development, marketing, and public financing. In addition, several international institutions operating at the European level, in particular the European Union, the Council of Europe, and the European Patent Office, have become involved in the regulation of new health technologies. They have done so both through traditional ‘command and control’ legal measures, and through other regulatory mechanisms, including guidelines, soft law, ‘steering’ through redistribution of resources, and private or quasi-private regulation. This book analyses European law and its relationships with new health technologies. It uses interdisciplinary insights, particularly from law but also drawing on regulation theory, and science and technology studies, to shed new light on some of the key defining features of the relationships and especially the roles of risk, rights, ethics, and markets. The book explores the way in which European law's engagement with new health technologies is to be legitimized, and discusses the implications for biological or biomedical citizenship.

This book offers a comprehensive legal and ethical analysis of the most interesting and broadest reaching development in health care of the last twenty years: its globalization. This book ties together the manifestation of this globalization in four related subject areas—medical tourism, medical migration (the physician “brain drain”), telemedicine, pharmaceutical research and development—and integrates them in a philosophical discussion of issues of justice and equity relating to the globalization of health care. Medical tourism and telemedicine are growing, multi-billion-dollar industries affecting large numbers of patients. Estimates show that more than 400,000 patients (50,000 of whom were American) sought treatment at a single facility in Thailand in 2005. The U.S. heavily depends on foreign-trained doctors to staff its health care system; as of 2005, a fifth of all doctors practicing in the United States were believed foreign trained. This recruitment has had serious effects on the supply of doctors in the developing world; for example, between 1986 and 1995, 61% of all graduates of the Ghana Medical School left their country for employment. Forty percent of clinical trials are now run in the developing world, with indications of as much of a 10-fold increase in the past twenty years, and NGOs across the world are agitating for increased access to necessary pharmaceuticals in the developing world they claim would save millions from early death at a relatively low cost. Coming on the heels of the most expansive reform to U.S. health care in fifty years, this book also produces an intricate map for some of the leading thinkers in the field to plot the ways in which this globalization will develop as the reform is implemented.