Medical Law: Text, Cases, and Materials

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I think also a con of the altruistic system in general is that a really sort of fuzzy line of what can and can’t be considered a surrogacy expense. So you’re always sort of worrying like oh am I breaking the law by reimbursing this. There’s no real sort of set list of what you can and can’t pay for and I think that causes anxiety for surrogates as well. Introducing Feminist Legal Theory’ in J Penner, D Schiff and R Nobles (eds) Introduction to jurisprudence and Legal Theory: Commentary and Materials(Butterworths, 2002) 779-853 (with Nicola Lacey) nonphysicians hear the word ‘treatable’ as conveying good news about the future, thereby inspiring hope and encouraging further treatment. In contrast, physicians use the word ‘treatable’ in a technical sense, to convey that they have an action or intervention available, which does not necessarily imply an improved prognosis or quality of life. 83

In a similar vein, O’Neill has argued that the purpose of informed consent is not so much to ensure patients make autonomous choices, but rather to guard against deception and coercion. 105 There is also a mismatch between the view that healthcare professionals have ‘a key role to play in ‘educating’ people about possible risks’, 55 and the fact that healthcare professionals are seldom the first port of call for information. If people seek out information via Google, Facebook, and internet chatrooms, there may be little opportunity for clinicians to educate them about risks and potential pitfalls, a problem which is, as we see in the following section, exacerbated by domestic laws which criminalise CBR, and hence deter patients from incriminating themselves in front of healthcare professionals. V. THE ROLE OF DOMESTIC REPRODUCTIVE SERVICE PROVIDERS Childless by circumstance – Using an online survey to explore the experiences of childless women who had wanted children' Reproductive Biomedicine and Society Online (2021) Vol.12 pp.44-55 (with Dilan Chauhan and Joyce C. Harper) After years of unsuccessful IVF in Australia, Leah travelled to Greece to undergo IVF and egg donation. She explained that her GP in Australia was helping her: The Ambiguities of “Social” Egg Freezing and the Challenges of Informed Consent'(2018) 14 Biosocieties 21-40Seroxat and the suppression of clinical trial data: regulatory failure and the uses of legal ambiguity' Journal of Medical Ethics 2009;35:107-112 (with L. McGoey) Brown P, Stahl D, Appiah-Kusi E, Brewer R, Watts M, Peay J, et al. (2018) 'Fitness to plead: Development and validation of a standardised assessment instrument'. PLoS ONE13(4): e0194332

In addition to considering their own wellbeing, patients are often concerned about the impact of their condition and its treatment upon their dependants. 23 Patients are therefore making multi-faceted and challenging decisions, from a position of vulnerability, and in the context of a doctor–patient relationship where there may be a high level of trust, and even dependence. Indeed, this is why, as Purshouse has explained, invoking the metaphor of ‘patients as consumers’ in an informed consent case represents a departure from the more usual depiction of patients in clinical negligence cases as potentially, if not inherently vulnerable. 24Abortion: Medical Paternalism or Patient Autonomy?’ in Abortion: Whose Right? (Hodder and Stoughton, 2002) 1-15 In the UK’s ‘altruistic only’ system, it is an offence for anyone other than the surrogate and the intended parents to negotiate a surrogacy arrangement ‘on a commercial basis’, and it is a criminal offence for intended parents, surrogates and agencies to advertise their willingness to participate in or facilitate surrogacy. As a result, as McFarlane J explained in Re G (Surrogacy: Foreign Domicile), 30 the role of facilitating surrogacy arrangements has traditionally been left to ‘groups of well-meaning amateurs’. If the mischief to which the ban on commercial involvement is directed is the prevention of exploitation, the evidence is by no means clear that this is best achieved by discouraging professional agencies’ involvement in surrogacy. On the contrary, as Natalie Gamble has explained:

Medical and Mental Health Law have been taught at the LSE for over 10 years, with a strong research component to the teaching being complemented by a focus on the regulation of healthcare. The law school has particular expertise in the fields of reproductive technologies and embryo research, donor conception and surrogacy, end of life decision-making, regulation of the pharmaceutical industry, medical mishap and the resolution of disputes between healthcare providers and doctors, healthcare rationing, dementia, unfitness to plead and the criminal and civil aspects of mental health law. Research in the law school has a strong interdisciplinary and socio-legal flavour. Members of the faculty have made substantive research contributions to law reform processes in these areas, and routinely sit on expert panels and committees. They have conducted research funded by the Department of Health, health authorities, government commissions and the European Parliament. Faculty The Human Fertilisation and Embryology Act 1990 and Non-Traditional Families’ (2023) MLR (with Kirsty Horsey)

Medical Law: Text, Cases, and Materials (5th edn)

Adjuncts in the IVF laboratory: where is the evidence for "add-on" interventions?' (2017) 32 Human Reproduction 485-491 (with Joyce Harper et al.) Jill Peay'An awkward fit: offenders with mental disabilities in a system of criminal justice' in M. Bosworth. C. Hoyle and L.Zedner (eds) (2016) Changing Contours of Criminal Justice: Research, Politics and Policy(Oxford: OUP, 2016) Yeah, at the time Yahoo Groups were really popular… so I was accessing those. They were really popular in terms of people communicating and providing stories and getting updated information and asking questions, in mostly a respectful manner most of the time so it was really good… Well, now I guess the Facebook groups have taken over the Yahoo Groups… . Some of the Facebook groups are country-specific, so there’s one or two for Nepal, or there used to be one for Thailand… In whose interests? The prohibition of assisted suicide in the UK' in Iyiola Solanke (ed) On Crime, Society and Responsibility in the work of Nicola Lacey (Oxford University Press, 2021) 171-192. With Jonathan Herring and Sally Sheldon, ‘Would decriminalisation of abortion mean deregulation?’ in Sally Sheldon (ed) What would it Mean to Decriminalise Abortion in the UK? The Evidence (Policy Press, 2020) 57-76