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Legal Aspects of Death
Quay books, April 2008, Pages: 230
Like the other books in this series, this monograph follows the publication of a series of articles in the British Journal of Nursing on the law relating to death. Those articles, revised and updated, form the basis of a concise publication covering the main concerns which arise in the law relating to deaths in the NHS and private sector.
This book, like the others in this series, is intended for all health professionals who are likely to be involved in caring for dying patients whether in hospitals or in the community. It should also be of assistance to others such as health service managers, to lecturers and clinical supervisors, patient groups and their representatives and individuals who need to understand the legal consequences of death. Each chapter uses a situation to illustrate the relevant laws so that the law can be explained in a practical jargon-free way. The basic facts of the legal system are briefly set out in the first chapter. The book does not pretend to be encyclopaedic in its coverage, rather it is intended to introduce readers to the basic principles which apply and the sources of law, so that they can, by following up the further reading and websites provided add to their knowledge. Changes in the statutory provisions and new cases will require some amendments over time. The recommendations from the Inquiry following the Shipman case are only gradually being introduced and this book covers the progress so far and the reforms that are still to be initiated. It is hoped that this book will provide a baseline upon which readers can develop their knowledge and understanding of the law relating to death.
It is the intention that the chapters will lay the foundation for an understanding of the legal implications of the many issues that can arise when a person dies. At that critical time, it is essential that health and social services professionals, managers, relatives and others have an understanding of the laws which apply and can carry out their duties with a sensitivity and awareness of the different facets of the situation. Inevitably there will be changes as the new coroner’s legislation is brought into existence and implemented, as new cases set judicial precedents for the future and as new Department of Health and professional guidance is published. It is hoped that future editions of this book will be able to track such developments and that it will continue to be a resource for professionals and lay persons alike.
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