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  1. Don’t Solve the Issues!Bert Molewijk & Guy A. M. Widdershoven - 2012 - Cambridge Quarterly of Healthcare Ethics 21 (4):448-456.
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  • Advocating Mandatory Patient 'Autonomy' in Healthcare: Adverse Reactions and Side Effects. [REVIEW]Myfanwy Davies & Glyn Elwyn - 2008 - Health Care Analysis 16 (4):315-328.
    Promoting patient autonomy has become a key imperative in health service encounters. We will examine the potential negative effects of over-promoting patient autonomy and consider the impact on patient access, their experience and the provision of equitable services by focusing on an extreme manifestation of this trend, i.e. calls for patient involvement in health care decision making to be mandatory. Advocates of mandatory autonomy hold that patients have a duty to themselves, to society and to the medical system to make (...)
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  • Mandatory Disclosure and Medical Paternalism.Emma C. Bullock - 2016 - Ethical Theory and Moral Practice 19 (2):409-424.
    Medical practitioners are duty-bound to tell their patients the truth about their medical conditions, along with the risks and benefits of proposed treatments. Some patients, however, would rather not receive medical information. A recent response to this tension has been to argue that that the disclosure of medical information is not optional. As such, patients do not have permission to refuse medical information. In this paper I argue that, depending on the context, the disclosure of medical information can undermine the (...)
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  • Free Choice and Patient Best Interests.Emma C. Bullock - 2016 - Health Care Analysis 24 (4):374-392.
    In medical practice, the doctrine of informed consent is generally understood to have priority over the medical practitioner’s duty of care to her patient. A common consequentialist argument for the prioritisation of informed consent above the duty of care involves the claim that respect for a patient’s free choice is the best way of protecting that patient’s best interests; since the patient has a special expertise over her values and preferences regarding non-medical goods she is ideally placed to make a (...)
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  • Response to Open Peer Commentaries on “Withdrawal of Nonfutile Life Support After Attempted Suicide”.Samuel M. Brown, C. Gregory Elliott & Robert Paine - 2013 - American Journal of Bioethics: 13 (3):W3 - W5.
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  • Response to Open Peer Commentaries on “Withdrawal of Nonfutile Life Support After Attempted Suicide”.Samuel M. Brown, C. Gregory Elliott & Robert Paine - 2013 - American Journal of Bioethics 13 (3):W3-W5.
    End-of-life decision making is fraught with ethical challenges. Withholding or withdrawing life support therapy is widely considered ethical in patients with high treatment burden, poor premorbid status, or significant projected disability even when such treatment is not “futile.” Whether such withdrawal of therapy in the aftermath of attempted suicide is ethical is not well established in the literature. We provide a clinical vignette and propose criteria under which such withdrawal would be ethical. We suggest that it is appropriate to withdraw (...)
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  • Review of Peter Ubel, Critical Decisions: How You and Your Doctor Can Make the Right Medical Choices Together. [REVIEW]Zackary Berger - 2013 - American Journal of Bioethics 13 (4):53 - 54.
    (2013). Review of Peter Ubel, Critical Decisions: How You and Your Doctor Can Make the Right Medical Choices Together. The American Journal of Bioethics: Vol. 13, No. 4, pp. 53-54. doi: 10.1080/15265161.2013.768866.
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  • Informed consent law, ethics, and practice: From infancy to reflective adolescence. [REVIEW]Roberta M. Berry - 2005 - HEC Forum 17 (1):64-81.
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  • Looking Ahead: Addressing Ethical Challenges in Public Health Practice.Nancy M. Baum, Sarah E. Gollust, Susan D. Goold & Peter D. Jacobson - 2007 - Journal of Law, Medicine and Ethics 35 (4):657-667.
    Ethical challenges in public health can have a significant impact on the health of communities if they impede efficiencies and best practices. Competing needs for resources and a plurality of values can challenge public health policymakers and practitioners to make fair and effective decisions for their communities. In this paper, the authors offer an analytic framework designed to assist policymakers and practitioners in managing the ethical tensions they face in daily practice. Their framework is built upon the following set of (...)
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  • Looking Ahead: Addressing Ethical Challenges in Public Health Practice.Nancy M. Baum, Sarah E. Gollust, Susan D. Goold & Peter D. Jacobson - 2007 - Journal of Law, Medicine and Ethics 35 (4):657-667.
    In recent years, scholars have begun to lay the groundwork to justify a distinct application of ethics to the field of public health. They have highlighted important features that differentiate public health ethics from bioethics, especially public health’s emphasis on population health rather than issues of individual health. Articulations of public health ethics also tend to emphasize the role of social justice compared to the predominance of autonomy in the bioethical literature. Now that the field of public health ethics is (...)
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  • Ignorance Isn’t Bliss: Retaining a Meaningful Comprehension Requirement for Consent to Research.Paul S. Appelbaum - 2019 - American Journal of Bioethics 19 (5):22-24.
    Volume 19, Issue 5, May 2019, Page 22-24.
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  • Placebo Effects and Informed Consent.Mark Alfano - 2015 - American Journal of Bioethics 15 (10):3-12.
    The concepts of placebos and placebo effects refer to extremely diverse phenomena. I recommend dissolving the concepts of placebos and placebo effects into loosely related groups of specific mechanisms, including (potentially among others) expectation-fulfillment, classical conditioning, and attentional-somatic feedback loops. If this approach is on the right track, it has three main implications for the ethics of informed consent. First, because of the expectation-fulfillment mechanism, the process of informing cannot be considered independently from the potential effects of treatment. Obtaining informed (...)
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  • Law & Bioethics: From Values to Violence.Susan M. Wolf - 2004 - Journal of Law, Medicine and Ethics 32 (2):293-306.
    Debate over the relationship of law and bioethics is growing - what the relationship has been and what it should be in the future. While George Annas has praised law and rights-talk for creating modern bioethics, Carl Schneider has instead blamed law for hijacking bioethics and stunting moral reflection. Indeed, as modern bioethics approaches the 40-year mark, historians of bioethics are presenting divergent accounts. In one account, typified by Albert Jonsen, bioethics largely grew out of philosophy and theology, not law. (...)
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  • Computer decision-support systems for public argumentation: assessing deliberative legitimacy. [REVIEW]William Rehg, Peter McBurney & Simon Parsons - 2005 - AI and Society 19 (3):203-228.
    Recent proposals for computer-assisted argumentation have drawn on dialectical models of argumentation. When used to assist public policy planning, such systems also raise questions of political legitimacy. Drawing on deliberative democratic theory, we elaborate normative criteria for deliberative legitimacy and illustrate their use for assessing two argumentation systems. Full assessment of such systems requires experiments in which system designers draw on expertise from the social sciences and enter into the policy deliberation itself at the level of participants.
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  • Capacity for Preferences: Respecting Patients with Compromised Decision‐Making.Jason Adam Wasserman & Mark Christopher Navin - 2018 - Hastings Center Report 48 (3):31-39.
    When a patient lacks decision-making capacity, then according to standard clinical ethics practice in the United States, the health care team should seek guidance from a surrogate decision-maker, either previously selected by the patient or appointed by the courts. If there are no surrogates willing or able to exercise substituted judgment, then the team is to choose interventions that promote a patient’s best interests. We argue that, even when there is input from a surrogate, patient preferences should be an additional (...)
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  • The Unfinished Business of Respect for Autonomy: Persons, Relationships, and Nonhuman Animals.Rebecca L. Walker - 2020 - Journal of Medicine and Philosophy 45 (4-5):521-539.
    This essay explores three issues in respect for autonomy that pose unfinished business for the concept. By this, I mean that the dialogue over them is ongoing and essentially unresolved. These are: whether we ought to respect persons or their autonomous choices; the role of relational autonomy; and whether nonhuman animals can be autonomous. In attending to this particular set of unfinished business, I highlight some critical moral work left aside by the concept of respect for autonomy as understood in (...)
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  • The Consent Continuum: A New Model of Consent, Assent, and Nondissent for Primary Care.Marc Tunzi, David J. Satin & Philip G. Day - 2021 - Hastings Center Report 51 (2):33-40.
    The practice around informed consent in clinical medicine is both inconsistent and inadequate. Indeed, in busy, contemporary health care settings, getting informed consent looks little like the formal process developed over the past sixty years and presented in medical textbooks, journal articles, and academic lectures. In this article, members of the Society of Teachers of Family Medicine (STFM) Collaborative on Ethics and Humanities review the conventional process of informed consent and its limitations, explore complementary and alternative approaches to doctor‐patient interactions, (...)
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  • Microethics: The Ethics of Everyday Clinical Practice.Robert D. Truog, Stephen D. Brown, David Browning, Edward M. Hundert, Elizabeth A. Rider, Sigall K. Bell & Elaine C. Meyer - 2015 - Hastings Center Report 45 (1):11-17.
    Over the past several decades, medical ethics has gained a solid foothold in medical education and is now a required course in most medical schools. Although the field of medical ethics is by nature eclectic, moral philosophy has played a dominant role in defining both the content of what is taught and the methodology for reasoning about ethical dilemmas. Most educators largely rely on the case‐based method for teaching ethics, grounding the ethical reasoning in an amalgam of theories drawn from (...)
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  • The First Amendment and Physician Speech in Reproductive Decision Making.Sonia M. Suter - 2015 - Journal of Law, Medicine and Ethics 43 (1):22-34.
    Courts are divided as to whether abortion informed consent mandates violate the First Amendment. This article argues that given the doctor's and patient's unique expertise, the patient's strong interests in autonomous decision making, and the fact that these laws regulate speech, rather than conduct, heighted or strict scrutiny should apply to such mandates.
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  • Preferences, Paternalism, and Liberty.Cass Sunstein - 2006 - Royal Institute of Philosophy Supplement 59:233-264.
    Our goal in this chapter is to draw on empirical work about preference formation and welfare to propose a distinctive form of paternalism, libertarian in spirit, one that should be acceptable to those who are firmly committed to freedom of choice on grounds of either autonomy or welfare. Indeed, we urge that a kind of ‘libertarian paternalism’ provides a basis for both understanding and rethinking many social practices, including those that deal with worker welfare, consumer protection, and the family.
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  • Relational Autonomy, Paternalism, and Maternalism.Laura Specker Sullivan & Fay Niker - 2018 - Ethical Theory and Moral Practice 21 (3):649-667.
    The concept of paternalism is intricately tied to the concept of autonomy. It is commonly assumed that when paternalistic interventions are wrong, they are wrong because they impede individuals’ autonomy. Our aim in this paper is to show that the recent shift towards conceiving of autonomy relationally highlights a separate conceptual space for a nonpaternalistic kind of interpersonal intervention termed maternalism. We argue that maternalism makes a twofold contribution to the debate over the ethics of interpersonal action and decision-making. Descriptively, (...)
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  • The Social Construction of Incompetency: Moving Beyond Embedded Paternalism Toward the Practice of Respect.Supriya Subramani - 2020 - Health Care Analysis 28 (3):249-265.
    This article illustrates the less-acknowledged social construction of the concept of ‘incompetency’ and draws attention to the moral concerns it raises in health care encounters in the south Indian city of Chennai. Based on data drawn from qualitative research, this study suggests that surgeons subjectively construct the idea of incompetency through their understanding of the perceived circumstantial characteristics of the patients and family members they serve. The findings indicate that surgeons often underestimate patients and family members’ capacity based on constructed (...)
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  • Legislating Privilege.Marc S. Spindelman - 2002 - Journal of Law, Medicine and Ethics 30 (1):24-33.
    Serious concerns about pervasive, persistent, and unjustified social inequalities have prompted a small—but growing—number of academic commentators to raise some hard and troubling questions for those who would like to legalize physician-assisted suicide. In various ways, these commentators have asked: In light of existing social inequalities—inequalities that operate, for example, along sometimes intersecting lines of race, class, age, sex, and disability—how persuasive are autonomy-based arguments in favor of legalization of assisted suicide when those arguments depend on a conception of autonomy (...)
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  • Legislating Privilege.Marc S. Spindelman - 2002 - Journal of Law, Medicine and Ethics 30 (1):24-33.
    Serious concerns about pervasive, persistent, and unjustified social inequalities have prompted a small—but growing—number of academic commentators to raise some hard and troubling questions for those who would like to legalize physician-assisted suicide. In various ways, these commentators have asked: In light of existing social inequalities—inequalities that operate, for example, along sometimes intersecting lines of race, class, age, sex, and disability—how persuasive are autonomy-based arguments in favor of legalization of assisted suicide when those arguments depend on a conception of autonomy (...)
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  • Rethinking Decision Quality: Measures, Meaning, and Bioethics.Peter H. Schwartz & Greg A. Sachs - 2022 - Hastings Center Report 52 (6):13-22.
    Studies of patient decision‐making use many different measures to evaluate the quality of decisions and the decision‐making process, partly to determine whether the ethical goals of informed consent, patient autonomy, and shared decision‐making have been achieved. We describe these measures, grouped under three main approaches, and review their limitations, leading to three conclusions. First, no measure or combination of measures can provide a complete assessment of decision quality. Second, the quality of a decision is best characterized vaguely, for instance as (...)
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  • Placebos, Full Disclosure, and Trust: The Risks and Benefits of Disclosing Risks and Benefits.Peter H. Schwartz - 2015 - American Journal of Bioethics 15 (10):13-14.
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  • Argumentation as Rational Persuasion in Doctor-Patient Communication.Sara Rubinelli - 2013 - Philosophy and Rhetoric 46 (4):550-569.
    The purpose of this article is to present a case for the value of argumentation as an instrument of rational persuasion in doctor-patient (and general health professional–patient) communication. By doing so, I also emphasize the value of argumentation theory—as a body of knowledge devoted to the study of argumentation—both to enrich the study of doctor-patient communication and to enhance its quality by contributing to dedicated training courses for health professionals and patient education interventions. Argumentation is used in health professional–patient interactions, (...)
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  • Issues of Ethics and Identity in Diagnosis of Late Life Depression.Lisa S. Parker & Charles W. Lidz - 2003 - Ethics and Behavior 13 (3):249-262.
    Depression is often diagnosed in patients nearing the end of their lives and medication or psychotherapy is prescribed. In many cases this is appropriate. However, it is widely agreed that a health care professional should treat sick persons so as to improve their condition as they define improvement. This raises questions about the contexts in which treatment of depression in late life is appropriate. This article reviews a problematic case concerning the appropriateness of treatment in light of the literature in (...)
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  • [Re]considering Respect for Persons in a Globalizing World.Aasim I. Padela, Aisha Y. Malik, Farr Curlin & Raymond De Vries - 2014 - Developing World Bioethics 15 (2):98-106.
    Contemporary clinical ethics was founded on principlism, and the four principles: respect for autonomy, nonmaleficence, beneficence and justice, remain dominant in medical ethics discourse and practice. These principles are held to be expansive enough to provide the basis for the ethical practice of medicine across cultures. Although principlism remains subject to critique and revision, the four-principle model continues to be taught and applied across the world. As the practice of medicine globalizes, it remains critical to examine the extent to which (...)
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  • Aligning Ethics with Medical Decision-Making: The Quest for Informed Patient Choice.Benjamin Moulton & Jaime S. King - 2010 - Journal of Law, Medicine and Ethics 38 (1):85-97.
    Clinical evidence suggests that many patients undergo surgery that they would decline if fully informed. Failure to communicate the relevant risks, benefits, and alternatives of a procedure violates medical ethics and wastes medical resources. Integrating shared decision-making, a method of communication between provider and patient, into medical decisions can satisfy physicians' ethical obligations and reduce unwanted procedures. This article proposes a three-step process for implementing a nationwide practice of shared decision-making: create model integration programs; provide legal incentives to ease the (...)
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  • Aligning Ethics with Medical Decision-Making: The Quest for Informed Patient Choice.Benjamin Moulton & Jaime S. King - 2010 - Journal of Law, Medicine and Ethics 38 (1):85-97.
    Medical practice should evolve alongside medical ethics. As our understanding of the ethical implications of physician-patient interactions becomes more nuanced, physicians should integrate those lessons into practice. As early as the 1930s, epidemiological studies began to identify that the rates of medical procedures varied significantly along geographic and socioeconomic lines. Dr. J. Alison Glover recognized that tonsillectomy rates in school children in certain school districts in England and Wales were in some cases eight times the rates of children in other (...)
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  • Don’t Solve the Issues!Bert Molewijk & Guy A. M. Widdershoven - 2012 - Cambridge Quarterly of Healthcare Ethics 21 (4):448-456.
  • The Limits of Traditional Approaches to Informed Consent for Genomic Medicine.Thomas May, Kaija L. Zusevics, Arthur Derse, Kimberly A. Strong, Jessica Jeruzal, Alison La Pean Kirschner, Michael H. Farrell & Ryan Spellecy - 2014 - HEC Forum 26 (3):185-202.
    This paper argues that it will be important for new genomic technologies to recognize the limits of traditional approaches to informed consent, so that other-regarding implications of genomic information can be properly contextualized and individual rights respected. Respect for individual autonomy will increasingly require dynamic consideration of the interrelated dimensions of individual and broader community interests, so that the interests of one do not undermine fundamental interests of the other. In this, protection of individual rights will be a complex interplay (...)
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  • Does Shared Decision Making Respect a Patient's Relational Autonomy?Jonathan Lewis - 2019 - Journal of Evaluation in Clinical Practice 25 (6):1063-1069.
    According to many of its proponents, shared decision making ("SDM") is the right way to interpret the clinician-patient relationship because it respects patient autonomy in decision-making contexts. In particular, medical ethicists have claimed that SDM respects a patient's relational autonomy understood as a capacity that depends upon, and can only be sustained by, interpersonal relationships as well as broader health care and social conditions. This paper challenges that claim. By considering two primary approaches to relational autonomy, this paper argues that (...)
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  • Too soon to give up: Re-examining the value of advance directives.Benjamin H. Levi & Michael J. Green - 2010 - American Journal of Bioethics 10 (4):3 – 22.
    In the face of mounting criticism against advance directives, we describe how a novel, computer-based decision aid addresses some of these important concerns. This decision aid, Making Your Wishes Known: Planning Your Medical Future , translates an individual's values and goals into a meaningful advance directive that explicitly reflects their healthcare wishes and outlines a plan for how they wish to be treated. It does this by (1) educating users about advance care planning; (2) helping individuals identify, clarify, and prioritize (...)
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  • Responding to Cultural Limitations on Patient Autonomy: A Clinical Ethics Case Study.Sara Kolmes, Christine Ha & Jordan Potter - 2024 - HEC Forum 36 (1):99-109.
    This paper is a clinical ethics case study which sheds light on several important dilemmas which arise in providing care to patients from cultures with non-individualistic conceptions of autonomy. Medical professionals face a difficult challenge in determining how to respond when families of patients ask that patients not be informed of bad medical news. These requests are often made for cultural reasons, by families seeking to protect patients. In these cases, the right that patients have to their own medical information (...)
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  • Measuring Understanding and Respecting Trust in Biobank Consent.T. J. Kasperbauer & Peter H. Schwartz - 2019 - American Journal of Bioethics 19 (5):29-31.
    Volume 19, Issue 5, May 2019, Page 29-31.
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  • Patient-centred care and patient autonomy: doctors’ views in Chinese hospitals.Peter Howard, Yongli Zhou, Guowei Liu, Min Xu & Zhanming Liang - 2022 - BMC Medical Ethics 23 (1):1-12.
    BackgroundPatient-centred care and patient autonomy is one of the key factors to better quality of service provision, hence patient outcomes. It enables the development of patients’ trusts which is an important element to a better doctor-patient relationship. Given the increasing number of patient disputes and conflicts between patients and doctors in Chinese public hospital, it is timely to ensure patient-centred care is fully and successfully implemented. However, limited studies have examined the views and practice in different aspects of patient-centred care (...)
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  • Patients’ perceived purpose of clinical informed consent: Mill’s individual autonomy model is preferred.Muhammad M. Hammami, Eman A. Al-Gaai, Yussuf Al-Jawarneh, Hala Amer, Muhammad B. Hammami, Abdullah Eissa & Mohammad A. Qadire - 2014 - BMC Medical Ethics 15 (1):2.
    Although informed consent is an integral part of clinical practice, its current doctrine remains mostly a matter of law and mainstream ethics rather than empirical research. There are scarce empirical data on patients’ perceived purpose of informed consent, which may include administrative routine/courtesy gesture, simple honest permission, informed permission, patient-clinician shared decision-making, and enabling patient’s self decision-making. Different purposes require different processes.
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  • Information disclosure in clinical informed consent: “reasonable” patient’s perception of norm in high-context communication culture.Muhammad M. Hammami, Yussuf Al-Jawarneh, Muhammad B. Hammami & Mohammad Al Qadire - 2014 - BMC Medical Ethics 15 (1):3.
    The current doctrine of informed consent for clinical care has been developed in cultures characterized by low-context communication and monitoring-style coping. There are scarce empirical data on patients' norm perception of information disclosure in other cultures.
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  • Relational autonomy in end-of-life care ethics: a contextualized approach to real-life complexities.Carlos Gómez-Vírseda, Yves de Maeseneer & Chris Gastmans - 2020 - BMC Medical Ethics 21 (1):1-14.
    BackgroundRespect for autonomy is a paramount principle in end-of-life ethics. Nevertheless, empirical studies show that decision-making, exclusively focused on the individual exercise of autonomy fails to align well with patients’ preferences at the end of life. The need for a more contextualized approach that meets real-life complexities experienced in end-of-life practices has been repeatedly advocated. In this regard, the notion of ‘relational autonomy’ may be a suitable alternative approach. Relational autonomy has even been advanced as a foundational notion of palliative (...)
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  • Narrative Ethics as Dialogical Story‐Telling.Arthur W. Frank - 2014 - Hastings Center Report 44 (s1):16-20.
    The narrative ethicist imagines life as multiple points of view, each reflecting a distinct imagination and each more or less capable of comprehending other points of view and how they imagine. Each point of view is constantly being acted out and then modified in response to how others respond. People generally have good intentions, but they get stuck realizing those intentions. Stories stall when dialogue breaks down. People stop hearing others' stories, maybe because those others have quit telling their stories. (...)
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  • The case for frugal default options in patient–doctor communication.Angela Fagerlin - 2010 - Journal of Evaluation in Clinical Practice 16 (2):382-383.
  • Shared decision making observed in clinical practice: visual displays of communication sequence and patterns.Glyn Elwyn, Adrian Edwards, Michel Wensing, Richard Hibbs, Clare Wilkinson & Richard Grol - 2001 - Journal of Evaluation in Clinical Practice 7 (2):211-221.
  • Involving patients in decision making and communicating risk: a longitudinal evaluation of doctors' attitudes and confidence during a randomized trial.Adrian Edwards & Glyn Elwyn - 2004 - Journal of Evaluation in Clinical Practice 10 (3):431-437.