End-of-life care: identifying an appropriate legal framework for specialist palliative care in Ireland

Lombard, John

End-of-life care: identifying an appropriate legal framework for specialist palliative care in Ireland

dc.check.opt-out	Not applicable	en
dc.check.reason	This thesis is due for publication or the author is actively seeking to publish this material	en
dc.contributor.advisor	Donnelly, Mary	en
dc.contributor.author	Lombard, John
dc.date.accessioned	2016-06-29T15:50:18Z
dc.date.issued	2014
dc.date.submitted	2014
dc.description.abstract	This thesis argues that the legal framework in Ireland for specialist palliative care is inadequate and consequently a more appropriate legal framework must be identified. This research is guided by three central research questions. The first central research question examines the legitimacy of the distinction between specialist palliative care and euthanasia. The second central research question asks what legal framework currently exists in Ireland for specialist palliative care. The third central research question examines an alternative legal framework for specialist palliative. This thesis is composed of seven chapters. The first Chapter is an introduction to the thesis and defines the terminology and the central research questions. Chapter Two explores the development and practice of palliative care in Ireland. Chapter Three examines the distinction in criminal law between specialist palliative care practices and euthanasia. Chapter Four examines the human rights framework for specialist palliative care. Chapter Five critiques the regulatory framework in Ireland for specialist palliative care. Having gained a thorough understanding of palliative care and the related legal framework, this thesis then engages in comparative analysis of the Netherlands which is used as a source of ideas for reform in Ireland. Chapter Seven is the concluding chapter and, in it, the main findings of this thesis are summarised. The main findings being that: the distinction between specialist palliative care and euthanasia is not sufficiently supported by justifications such as a double effect or the acts and omissions distinction, there is no clear decision-making framework in Ireland for specialist palliative care, and the current legal framework lacks clarity and does not promote consistency between providers of specialist palliative care. This Chapter also proposes that detailed professional standards and guidelines are likely to be the most appropriate way to effect individual and institutional change in the provision of specialist palliative care.	en
dc.description.status	Not peer reviewed	en
dc.description.version	Accepted Version
dc.format.mimetype	application/pdf	en
dc.identifier.citation	Lombard, J. 2014. End-of-life care: identifying an appropriate legal framework for specialist palliative care in Ireland. PhD Thesis, University College Cork..	en
dc.identifier.endpage	323	en
dc.identifier.uri	https://hdl.handle.net/10468/2816
dc.language.iso	en	en
dc.publisher	University College Cork	en
dc.relation.uri	http://library.ucc.ie/record=b2136571
dc.rights	© 2014, John Lombard.	en
dc.rights.uri	http://creativecommons.org/licenses/by-nc-nd/3.0/	en
dc.subject	Netherlands	en
dc.subject	Medical law	en
dc.subject	Palliative care	en
dc.subject	Double effect	en
dc.subject	Sedation	en
dc.subject	Euthanasia	en
dc.subject	Acts and omissions	en
dc.subject	Healthcare	en
dc.thesis.opt-out	false
dc.title	End-of-life care: identifying an appropriate legal framework for specialist palliative care in Ireland	en
dc.type	Doctoral thesis	en
dc.type.qualificationlevel	Doctoral	en
dc.type.qualificationname	PhD (Law)	en
ucc.workflow.supervisor	m.donnelly@ucc.ie