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Medical Law: Text, Cases, and Materials

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Too expensive to treat? Non-treatment decisions at the margins of viability' (2019) 27 Medical Law Review 461–481 .(first published online13/11/18) (with Tatiana Flessas) As Howells has pointed out ‘the provision of information is one of the key tools available to enhance consumer protection’. 40 According to classical contract theory, information provision serves multiple desirable goals:

Central Issues sections at the start of each chapter outline the key concepts covered, and further reading sections at the end provide guidance on further sources for researchAdjuncts in the IVF laboratory: where is the evidence for "add-on" interventions?' (2017) 32 Human Reproduction 485-491 (with Joyce Harper et al.) A response to Saviour Siblings: A Relational Approach to the Welfare of the Child in Selective Reproduction' (2015) 41 Journal of Medical Ethics 929-30 Patients’ wishes and best interests: reforming section 4 of the Mental Capacity Act 2005’ in Lindy Wilmott and Ben White (eds) International Perspectives on End-of-Life Reform: Politics, Persuasion and Persistence (Cambridge UP, 2021) Compensating Egg Donors' in Sumi Madhok, Anne Phillips and Kalpana Wilson (eds) Gender, Agency and Coercion (Palgrave, 2013) 181-194. 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

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: 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. 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) Also available as an e-book with functionality, navigation features, and links that offer extra learning support For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.The behavioral critique strikes EU consumer law at its heart, by questioning its preferred regulatory approach: the information paradigm, which has characterized EU consumer law since it came into existence. 47 Should a patient choose a riskier procedure that may lead to the best possible outcome but with the greatest potential side effects, or the safer option where the patient knows the outcome will not be ideal? How should a patient choose between the psychological burden of a wait-and-see approach versus the potential complications and cost of a serious surgery? How does a patient weigh the cost in taking extended time away from work for recovery against a longer-term reduction in ability from not acting? 22

Abortion: Medical Paternalism or Patient Autonomy?’ in Abortion: Whose Right? (Hodder and Stoughton, 2002) 1-15 Some societies use Oxford Academic personal accounts to provide access to their members. See below. Regulating Autonomy: Sex, Reproduction and the Family- co-editor, with Fatemeh Ebtehaj, Martin Richards and Shelley Day Sclater (Hart 2009) Rethinking the Preconception Welfare Principle’ in K Horsey and H Biggs (eds) Human Fertilisation and Embryology: Reproducing Regulation (Routledge Cavendish, 2006) 47-67Thirdly, the purpose of pre-contractual disclosures may be different from medical disclosures in two important ways. First, although, as Howells points out, ‘regulatory policy is no longer fixated with the idea of a malevolent trader trying to con consumers but, rather, focuses on the asymmetries of information between trader and consumer’, 33 retailers are nevertheless trying to sell their products and services to consumers. If retailers are under an obligation to disclose certain information to potential consumers, they may deliberately include it in their ‘small print’ terms and conditions, which they know are seldom read. 34 Patients’ ‘pathologies of reasoning’ 85 are not confined to over-optimism. As King and Moulton explain, patient comprehension may also be affected by ‘availability bias’, where patients ‘overestimate their risk of contracting a condition that receives substantial media coverage, such as breast cancer’; ‘compression bias’, which involves ‘patients overestimating small risks and underestimating large ones’; ‘small numbers bias’ where patients ‘misinterpret their individual risk based on a small number of known cases (my two friends both had complications after their hysterectomies, so I probably will too)’; and ‘miscalibration bias’ which involves patients being ‘overly confident about the extent or accuracy of their knowledge’. 86

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