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Medical Tourism and the Best Interests of the Critically ill Child in the Era of Healthcare Globalisation

Bhatia, Neera and Birchley, Giles 2020, Medical Tourism and the Best Interests of the Critically ill Child in the Era of Healthcare Globalisation, Medical Law Review, pp. 1-35, doi: 10.1093/medlaw/fwaa029.

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Title Medical Tourism and the Best Interests of the Critically ill Child in the Era of Healthcare Globalisation
Author(s) Bhatia, NeeraORCID iD for Bhatia, Neera orcid.org/0000-0002-1915-0856
Birchley, Giles
Journal name Medical Law Review
Start page 1
End page 35
Total pages 35
Publisher Oxford University Press
Place of publication Oxford, Eng.
Publication date 2020-10-08
ISSN 0967-0742
1464-3790
Keyword(s) Best Interests
Disputes
Globalisation
Innovation
Medical Tourism
Social Media
Summary Abstract In this article, we examine emerging challenges to medical law arising from healthcare globalisation concerning disputes between parents and healthcare professionals in the care and treatment of critically ill children. We explore a series of issues emerging in English case law concerning children’s medical treatment that are signs of increasing globalisation. We argue that these interrelated issues present distinct challenges to healthcare economics, clinical practice, and the operation of the law. First, social media leverages the emotive aspects of cases; secondly, the Internet provides unfiltered information about novel treatments and access to crowdfunding to pay for them. Finally, the removal of barriers to global trade and travel allows child medical tourism to emerge as the nexus of these issues. These aspects of globalisation have implications for medicine and the law, yet child medical tourism has been little examined. We argue that it affects a range of interests, including children’s rights, parents’ rights as consumers, and the interests of society in communalised healthcare. Identifying putative solutions and a research agenda around these issues is important. While cases involving critically ill children are complex and emotionally fraught, the interconnectedness of these issues requires the law to engage and respond coherently to the impacts of healthcare globalisation.
Notes In Press
Language eng
DOI 10.1093/medlaw/fwaa029
Indigenous content off
Field of Research 1801 Law
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Free to Read? Yes
Persistent URL http://hdl.handle.net/10536/DRO/DU:30143657

Document type: Journal Article
Collections: Faculty of Business and Law
Law
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Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.