Contents
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12 Governance failures and organisational ethics: perspectives from the Neary and Halappanavar cases
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Introduction Introduction
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The normative basis for patient-centred dying The normative basis for patient-centred dying
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The current framework for end-of-life care The current framework for end-of-life care
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Making decisions in practice Making decisions in practice
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Changes to the legal framework Changes to the legal framework
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The introduction of advance decision-making The introduction of advance decision-making
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The impact of capacity legislation The impact of capacity legislation
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Developing an appropriate framework for end-of-life decision-making Developing an appropriate framework for end-of-life decision-making
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Formalising end-of-life decision-making Formalising end-of-life decision-making
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Overseeing dying: the limits of court-based review Overseeing dying: the limits of court-based review
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Conclusion Conclusion
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Notes Notes
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References References
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15 Patient-centred dying: the role of law
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Published:March 2016
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Abstract
This chapter examines the legal context within which decisions about the end of life are made. It argues that an ethical approach to end-of-life care must be centred on the dying person and that finding ways to ensure that this person’s voice is heard must be core to the development of legal frameworks. In this respect, the law has, to date, been inadequate. It explores the ways decisions about the end of life are made in Ireland and identifies likely changes, including an increased formalisation of dying. Drawing on experiences from the United States and the United Kingdom, it develops arguments regarding the most appropriate decision-making structures within which to consider difficult questions around end-of-life care.
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