Browsing by Author "Samanta, Jo"
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Item Metadata only Advance care planning: The role of the nurse.(MA Healthcare Limited, 2010-09) Samanta, Ash; Samanta, JoItem Open Access Advance decisions, welfare attorneys and statements of wishes: The belt, braces and corset approach to advance care planning(Sage, 2019) Samanta, JoAdvance care planning is used by adults to express value-based preferences for informing future care and treatment decisions following their loss of decision-making capacity. It is a means for ascertaining previous preferences about types of care and treatment as well as wider concerns. In English law, advance care planning incorporates advance decisions to refuse treatment, statements of wishes and, more recently, the appointment of attorneys who act under the authority of a Lasting Power of Attorney for health and welfare. This article considers these mechanisms together with some of their merits and potential shortcomings. It also considers whether other approaches, such as advance consent, might be a useful addition. Ultimately, it argues that used in isolation the current options are insufficient on legal and pragmatic grounds, albeit for different reasons. For persons with a strong sense of their personal treatment and care preferences following their loss of decision-making capacity, a combined and synergistic approach is recommended.Item Metadata only Advance directives, best interests and clinical judgement: shifting sands at the end of life(Royal College of Physicians, 2006) Samanta, Jo; Samanta, AshItem Open Access Awake and (only just) aware? A typology, taxonomy and holistic framework for withdrawing clinically assisted nutrition and hydration in the minimally conscious state(OUP, 2017-12-13) Samanta, Jo; Samanta, AshDecisions to withdraw clinically assisted nutrition and hydration (CANH) from people in the minimally conscious state are predicated on the question as to whether it is in the individual’s best interests to continue with CANH and determined traditionally using a “balance sheet” approach. The emerging case law in this area suggests that decisions may appear inconsistent and lack sufficient certainty and clarity of process. Using an analysis of statute, common law and academic commentary we articulate a typology for the elements that tend to engage in these decisions. Next, we construct a taxonomy of overarching legal and ethical issues and then proceed to develop a novel framework for holistic decision-making. We offer validation of this framework on the principle upon which it is grounded: coherent weighting of elements and theoretical proof of concept. The proposal has potentially far-reaching benefits that include consistency and transparency of decision-making, thereby enabling a more uniform judicial approach. We also suggest that this framework may form a foundational paradigm for decision-making by non-judicial bodies that may serve as a useful adjunct to the court. The benefits would include economy of time and resources, allowing the courts to focus on more complex cases.Item Metadata only Calling time on abortion(Lawtext Publishing, 2005) Healey, P.; Samanta, JoItem Metadata only Charges of corporate manslaughter in the NHS(British Medical Association, 2006) Samanta, Jo; Samanta, AshItem Metadata only Children and euthanasia: Belgium’s controversial new law(Insight Medical Publishing Group, 2015) Samanta, JoItem Metadata only Clinical autonomy: doctors orders(Royal Society of Medical Press, 2007) Price, David P. T.; Samanta, Jo; Harvey, B.; Healey, P.Item Metadata only Clinical practice guidelines and risk management: A medicolegal perspective.(Royal Society of Medicine, 2007) Samanta, Jo; Samanta, AshItem Metadata only The Corporate Manslaughter Act 2007 - a catalyst for patient safety?(Eclipse Group Ltd, 2007) Samanta, Jo; Samanta, AshItem Metadata only Do not attempt resuscitation orders: the role of clinical governance(Emerald, 2008) Samanta, Jo; Samanta, AshItem Metadata only The doctor’s duty at end of life: Shipman or Shipshape?(2016-01-28) Samanta, JoItem Metadata only End of life decisions(British Medical Association, 2005) Samanta, Jo; Samanta, AshItem Metadata only End of Life decisions: Law, Faith and Belief(2015-11-29) Samanta, JoItem Metadata only Enforcing Human Rights at End of Life: Is there a Better Approach?(Springer, 2016) Samanta, JoItem Metadata only Equality for followers of South Asian religions in end-of-life care(Sage, 2013) Samanta, JoItem Metadata only Evidence based medicine: a clinical governance tool for rationalising or rationing health care?(Emerald, 2005) Samanta, Jo; Samanta, AshItem Metadata only Exploring cultural values that underpin the ethical and legal framework of end-of-life care: a focus group study of South Asians(Paris Legal, 2013) Samanta, Jo; Samanta, AshThe central tenets of the legal and ethical framework that govern end-of-life care are dignity, equality, freedom of religion and respect for self-determined choice. These are variously protected by common law, statute and the European Convention of Human Rights. The interpretation and implementation of policies that govern end-of-life care depend upon the values that are attributed to these four principles. The cultural values that underpin these principles were explored in a focus group study of South Asians, the largest minority ethnic group in Britain. The findings revealed that the values attributed to dignity and equality were fundamental and humanitarian. Faith-based beliefs reflected values of expression and freedom of religion, legal protection of the same and culture-based spirituality. Traditional autonomous decision-making was considered to be less important than involvement of the family and the communitarian ethic. The social impact of values such as these will be directly significant when implementing policies and processes intended to ensure that minority ethnic groups enjoy equality in end-of-life care. The findings of the study are contextualised within a theoretical legal and ethical framework.Item Open Access Fears and fallacies: Doctors’ perceptions of the barriers to medical innovation(Sage, 2019-11-13) Elliott, Tracey; Miola, Jose; Samanta, Ash; Samanta, JoIn 2014, Lord Saatchi launched his ultimately unsuccessful Medical Innovation Bill in the UK. Its laudable aim was to free doctors from the shackles that prevented them from providing responsible innovative treatment. Lord Saatchi’s principal contention was that current law was the unsurmountable barrier that prevented clinicians from delivering innovative treatments to cancer patients when conventional options had failed. This was because doctors feared that they might be sued or tried and convicted of gross negligence manslaughter if they deviated from standard practice. Concerns about fear of the law and potential negative effects on medical practice are not new. Fear of litigation has been suggested as the reason for doctors practising “defensive medicine,” by opting for treatments regarded as “grievance-resistant,” rather than clinically indicated, for example, by ordering diagnostic tests or performing certain procedures, which are not strictly medically necessary. Whilst this claim is plausible and apparently accepted by the courts, there is limited empirical evidence in support of it so far as practitioners in the UK are concerned. In this paper, we report on our empirical research which provides a snapshot of medical opinion to begin to rectify this gap. We ran focus groups of different medical specialties, asking what these medical practitioners thought the barriers to medical innovation to be. We found that fear of the law was not the principal barrier to be lowered, and that the answer was far more multifaceted.Item Open Access A Focus Group Content Analysis Study Exploring Cultural and Faith Based Values at End of Life(Sage, 2018) Samanta, Jo; Samanta, AshThis case explores the values that were considered to be centrally important by South Asian migrants at end of life. A qualitative approach was used with focus groups as the data collection tool. South Asians were selected as the population of choice since this is the largest minority ethnic group in Britain. This case considers the practical insights and challenges that were faced in recruiting participants from this hard-to-reach group. Content analysis was used on the transcripts, and the results revealed that in the context of end-of-life care respect for dignity and equality were seen to be centrally important.
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