Professor Ken Mason has a long-standing international reputation in the investigation of transport accidents, and in the fields of forensic medicine and pathology generally. He is still publishing in this area - the third edition of The Pathology of Trauma was published in 1999, the fourth edition of Forensic Medicine for Lawyers in 2000, the seventh edition of Mason and McCall Smith's Law and Medical Ethics in 2005, and The Troubled Pregnancy in 2007. In recent years, Ken Mason has undertaken extensive research in medical law and medical ethics, with particular emphasis on the jurisprudence developing around reproductive medicine. He has written several books and articles in this area. He has a practical interest in the medical and scientific aspects of road traffic law.
This book looks at the legal response to those aspects of the troubled pregnancy which require or involve medico-legal intervention. The unwanted pregnancy is considered particularly in the light of the Abortion Act 1967, s.1(1)(d) and the related action for so-called wrongful birth due to faulty ante-natal care. The unexpected or uncovenanted birth of a healthy child resulting from failed sterilisation is approached through an analysis of the seminal case of McFarlane and associated cases involving disability in either the neonate or the mother. The disabled neonate's right to sue for its diminished life is discussed and the legal approach to the management of severe congenital disease is analysed - thus following Baroness Hale in believing that care of the newborn is an integral part of pregnancy. Aspects are considered from historical and comparative perspectives, including coverage of experience in the USA, the Commonwealth and Europe.
This is the seventh edition of this medical law textbook, and continues to provide an overview of the inter-relationship between medical ethics and practice and the law. There is, therefore, an emphasis on those aspects of medical practice that are governed, to a large extent, by the moral law. However, medical law, as such, is still a developing discipline which is being mainly shaped by the courts and there is extensive coverage of seminal and recent judicial decisions, particular attention being given to those which define the limits of professional freedom in the light of the increasing importance attached to personal autonomy. The book incorporates a strong element of comparative medical law having a particular interest in the shift of influence from other Anglophone jurisdictions to those in Europe. The text is directed in the main to students and practitioners of law but the overarching importance attached to ethical principles broadens its appeal to all those involved in the control and delivery of modern healthcare.
There can be few aspects of life which have not altered so dramatically in the past few decades as the relationship between medicine and the law: as each advance in medicine is made, and treatments become more and more sophisticated, the legal and moral issues surrounding such treatments have also multiplied, and become more complex. Written by a doctor and a lawyer, both with many years of practical experience, this book provides a unique and in-depth coverage of the most important ethical and moral issues (and their legal implications) facing healthcare professionals, lawyers and the general public alike. It represents a useful outline of where medicine and the law stand at present and hints at where they will be going in relation to each other in the coming years.
Now in its fourth edition, this book provides a broad overview of the medico-legal issues arising in both criminal and civil proceedings. The new edition ensures the text is brought fully up to date with new material on wounds, explosions, head injury, transplantation, asphyxia, marriage and pregnancy, and the legal aspects of medical practice.
This work is concerned, in the main, with reproduction - for which marriage is not an essential prerequisite. Nevertheless, much of sexuality and the greater part of parenthood still subsist within the marital relationship. Sex and marriage are interdependent - indeed the definition of the latter depends on the former. After looking at the prerequisites for marriage and for making a marriage void, the author shows that the medico-legal interests of marriage relate to the mental health and the sex of the parties. The author also looks at various aspects of the sexual-familial relationship, including contraception, sterilization, abortion, protection of the foetus, foetal experimentation, the infertile husband, the infertile woman, defective neonates and infants, consent to treatment and research in children, the protection of young children and the killing of children within the family. Cases are used to highlight the legal aspects of these subjects.
The virtual elimination of traditional forensic medicine from the undergraduate medical curriculum means that doctors often graduate having had minimal exposure to the influence of the law on medical practice. Yet some aspects of this are unavoidable and, in particular, no doctor can assume that he or she will never be required to give evidence in court. Medical evidence in the lower courts is increasingly being given in written form. As a result, the doctor's first appearance in the witness box may well be in the Crown Court or the High Court - indeed it may well be that the witness' own professional conduct is under scrutiny. Such an appearance may be disturbing to some; to others, the legal process may seem to border on the absurd. In either event, prior understanding is likely to result in an improved quality of evidence. This book seeks to provide some of the information which may help the inexperienced witness, be he anything from a simple witness as to fact, to a senior consultant engaged as an expert in civil litigation. The authors have combined some relatively theoretical background to the legal process with practical advice - much of which is based on their own fortunes and misfortunes. It cannot be denied that medical and scientific evidence has come in for some criticism recently. The objective sought is to improve its quality through an understanding of the systems of justice.
This is a comprehensive reference text that approaches the forensic aspects of trauma from the conditions in which they arise. It looks at the circumstances in which injuries occur, the types of injury sustained and their avoidance/prevention. The body's reaction, both physiological and psychological, to injury is described from a forensic perspective, with emphasis on the type of violent injuries likely to be encountered by the general surgeon and hospital pathologist. This third edition has an increased level of detail and takes into account the changing concerns with regard to trauma.
A feature of forensic medicine is that it crosses both medical and legal boundaries. The increasing complexity of modern medicine and the changing attitudes of patients to the provision of medical care dictate the need for a corresponding increase in forensic medical knowledge. This is particularly true in the case of paediatric forensic medicine and pathology. Children are not simply small adults. They have their special medico-legal problems just as they need a distinct clinical expertise. The medico-legal problems of childhood, including the very topical subjects of assisted reproduction and of child abuse, are worldwide. The editor has had an opportunity to combine legal and medical experience and has introduced a format in forensic medical writing whereby doctors and lawyers contribute to distinctive parts of the whole work. As a result the book should appeal to practitioners in both professions who are concerned with the medico-legal aspects of reproduction, infancy and childhood.
J. Kenyon Mason 'Autonomous humanity? In tribute to Margaret Brazier' (2012) Medical Law Review 20:1-7
J. Kenyon Mason, S A M McLean, C Connelly 'Purdy in Scotland: We hear, but should we listen?' (2009) Juridical Review 265-284
J. Kenyon Mason 'Section 5(1)(b) or Not (2) Be?' (2007) Scots Law Times pp. 95-99
J. Kenyon Mason 'Ethical principles and ethical practice' (2006) Clinical Ethics vol. 1, pp/ 3 - 6