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Ethics and law for the health professions

Katoomba, N.S.W.: Social Science Press. Edited by Michael Lowe & John McPhee (1998)

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  1. An Ethics Framework for Big Data in Health and Research.Vicki Xafis, G. Owen Schaefer, Markus K. Labude, Iain Brassington, Angela Ballantyne, Hannah Yeefen Lim, Wendy Lipworth, Tamra Lysaght, Cameron Stewart, Shirley Sun, Graeme T. Laurie & E. Shyong Tai - 2019 - Asian Bioethics Review 11 (3):227-254.
    Ethical decision-making frameworks assist in identifying the issues at stake in a particular setting and thinking through, in a methodical manner, the ethical issues that require consideration as well as the values that need to be considered and promoted. Decisions made about the use, sharing, and re-use of big data are complex and laden with values. This paper sets out an Ethics Framework for Big Data in Health and Research developed by a working group convened by the Science, Health and (...)
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  • An empirical study of the ‘underscreened’ in organised cervical screening: experts focus on increasing opportunity as a way of reducing differences in screening rates.Jane H. Williams & Stacy M. Carter - 2016 - BMC Medical Ethics 17 (1):56.
    BackgroundCervical cancer disproportionately burdens disadvantaged women. Organised cervical screening aims to make cancer prevention available to all women in a population, yet screening uptake and cancer incidence and mortality are strongly correlated with socioeconomic status. Reaching underscreened populations is a stated priority in many screening programs, usually with an emphasis on something like ‘equity’. Equity is a poorly defined and understood concept. We aimed to explain experts’ perspectives on how cervical screening programs might justifiably respond to ‘the underscreened’.MethodsThis paper reports (...)
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  • Should We Be Talking About Ethics or About Morals?Paul Walker & Terence Lovat - 2017 - Ethics and Behavior 27 (5):436-444.
    This article seeks to revisit the distinction between the words ethics and morals. First, we understand the word ethics to be focused on the way we seek to live our own life, and hence to connote a relativistic and essentially subjective perspective, whereas we understand the word morals to be focused on the way we should live our lives together, especially through sensitivity to viewpoints other than our own. Second, we perceive a usefulness in such a differentiation when the ethical (...)
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  • Dialogic Consensus In Clinical Decision-Making.Paul Walker & Terry Lovat - 2016 - Journal of Bioethical Inquiry 13 (4):571-580.
    This paper is predicated on the understanding that clinical encounters between clinicians and patients should be seen primarily as inter-relations among persons and, as such, are necessarily moral encounters. It aims to relocate the discussion to be had in challenging medical decision-making situations, including, for example, as the end of life comes into view, onto a more robust moral philosophical footing than is currently commonplace. In our contemporary era, those making moral decisions must be cognizant of the existence of perspectives (...)
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  • Dialogic Consensus in Medicine—A Justification Claim.Paul Walker & Terence Lovat - 2019 - Journal of Medicine and Philosophy 44 (1):71-84.
    The historical emphasis of medical ethics, based on substantive frameworks and principles derived from them, is no longer seen as sufficiently sensitive to the moral pluralism characteristic of our current era. We argue that moral decision-making in clinical situations is more properly derived from a process of dialogic consensus. This process entails an inclusive, noncoercive, and self-reflective dialogue within the community affected. In order to justify this approach, we make two claims—the first epistemic, and the second normative. The epistemic claim (...)
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  • Mental Capacity Assessments for COVID-19 Patients: Emergency Admissions and the CARD Approach.Cameron Stewart, Paul Biegler, Scott Brunero, Scott Lamont & George F. Tomossy - 2020 - Journal of Bioethical Inquiry 17 (4):803-808.
    The doctrine of consent is built upon presumptions of mental capacity. Those presumptions must be tested according to legal rules that may be difficult to apply to COVID-19 patients during emergency presentations. We examine the principles of mental capacity and make recommendations on how to assess the capacity of COVID-19 patients to consent to emergency medical treatment. We term this the CARD approach.
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  • Futility Determination as a Process: Problems with Medical Sovereignty, Legal Issues and the Strengths and Weakness of the Procedural Approach. [REVIEW]Cameron Stewart - 2011 - Journal of Bioethical Inquiry 8 (2):155-163.
    Futility is not a purely medical concept. Its subjective nature requires a balanced procedural approach where competing views can be aired and in which disputes can be resolved with procedural fairness. Law should play an important role in this process. Pure medical models of futility are based on a false claim of medical sovereignty. Procedural approaches avoid the problems of such claims. This paper examines the arguments for and against the adoption of a procedural approach to futility determination.
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  • Understanding Ethical and Legal Obligations in a Pandemic: A Taxonomy of “Duty” for Health Practitioners.Linda Sheahan & Scott Lamont - 2020 - Journal of Bioethical Inquiry 17 (4):697-701.
    From the ethics perspective, “duty of care” is a difficult and contested term, fraught with misconceptions and apparent misappropriations. However, it is a term that clinicians use frequently as they navigate COVID-19, somehow core to their understanding of themselves and their obligations, but with uncertainty as to how to translate or operationalize this in the context of a pandemic. This paper explores the “duty of care” from a legal perspective, distinguishes it from broader notions of duty on professional and personal (...)
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  • Autonomy and chronic illness: Not two components but many.Camilla Scanlan & Ian H. Kerridge - 2009 - American Journal of Bioethics 9 (2):40 – 42.
  • The value of respect in human research ethics: a coneptual analysis and a practical guide.Ian Pieper & Colin J. H. Thomason - 2014 - Monash Bioethics Review 32 (3-4):232-253.
    In order to continue to maintain public trust and confidence in human research, participants must be treated with respect. Researchers and Human Research Ethics Committee members need to be aware that modern considerations of this value include: the need for a valid consenting process, the protection of participants who have their capacity for consent compromised; the promotion of dignity for participants; and the effects that human research may have on cultures and communities. This paper explains the prominence of respect as (...)
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  • Two-Hourly Repositioning for Prevention of Pressure Ulcers in the Elderly: Patient Safety or Elder Abuse?Mary-Louise McLaws, Jennifer S. Schulz Moore & Catherine A. Sharp - 2019 - Journal of Bioethical Inquiry 16 (1):17-34.
    For decades, aged care facility residents at risk of pressure ulcers (PUs) have been repositioned at two-hour intervals, twenty-four-hours-a-day, seven-days-a-week (24/7). Yet, PUs still develop. We used a cross-sectional survey of eighty randomly selected medical records of residents aged ≥ 65 years from eight Australian Residential Aged Care Facilities (RACFs) to determine the number of residents at risk of PUs, the use of two-hourly repositioning, and the presence of PUs in the last week of life. Despite 91 per cent (73/80) (...)
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  • Leave No Stone Unturned: The Inclusive Model of Ethical Decision Making.Donna McAuliffe & Lesley Chenoweth - 2008 - Ethics and Social Welfare 2 (1):38-49.
    Ethical decision making is a core part of the work of social work and human service practitioners, who confront with regularity dilemmas of duty of care; confidentiality, privacy and disclosure; choice and autonomy; and distribution of increasingly scarce resources. This article details the development and application of the Inclusive Model of Ethical Decision Making, created in response to growing awareness of the complexities of work in both public and private sectors. The model rests on four key platforms that are constructed (...)
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  • After Conflicts of Interest: From Procedural Short-Cut to Ethico-Political Debate.Christopher Mayes - 2020 - Journal of Bioethical Inquiry 17 (2):245-255.
    This paper critically examines the proliferation of conflicts of interest discourse and how the most common conceptions of COI presuppose a hierarchy of primary and secondary interests. I show that a form of professional virtue or duty is commonly employed to give the primary interest normative force. However, I argue that in the context of increasingly commercialized healthcare neither virtue nor duty can do the normative work expected of them. Furthermore, I suggest that COI discourse is symptom of rather than (...)
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  • Is there a real nexus between ethics and aesthetics?John Miles Little - 2010 - Journal of Bioethical Inquiry 7 (1):91-102.
    Aesthetics is a vexed topic in philosophy, with a long history. For my purposes, an aesthetic experience is a foundational affective response to an object, to which terms such as “ugly”, “beautiful”, “pretty” or “harmonious” are applied. These terms are derived from a Discourse of aesthetics; some remain constant, others change from generation to generation. Aesthetics and ethics have been linked in Western thought since the days of Plato and Aristotle. This essay examines what is happening to that link in (...)
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  • Response.Henry Kilham & David Isaacs - 2011 - Journal of Bioethical Inquiry 8 (2):215-216.
    Response Content Type Journal Article Pages 215-216 DOI 10.1007/s11673-011-9296-0 Authors Henry Kilham, General Medicine and Clinical Ethics, The Children’s Hospital at Westmead, Westmead, NSW, Australia 2063 David Isaacs, The Centre for Values Ethics and the Law in Medicine, University of Sydney, Sydney, NSW, Australia 2006 Journal Journal of Bioethical Inquiry Online ISSN 1872-4353 Print ISSN 1176-7529 Journal Volume Volume 8 Journal Issue Volume 8, Number 2.
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  • Trouble in the Gap: A Bioethical and Sociological Analysis of Informed Consent for High-Risk Medical Procedures. [REVIEW]Christopher F. C. Jordens, Kathleen Montgomery & Rowena Forsyth - 2013 - Journal of Bioethical Inquiry 10 (1):67-77.
    Concerns are frequently raised about the extent to which formal consent procedures actually lead to “informed” consent. As part of a study of consent to high-risk medical procedures, we analyzed in-depth interviews with 16 health care professionals working in bone-marrow transplantation in Sydney, Australia. We find that these professionals recognize and act on their responsibility to inform and educate patients and that they expect patients to reciprocate these efforts by demonstrably engaging in the education process. This expectation is largely implicit, (...)
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  • Australian Psychotherapy for Trauma Incorporating Neuroscience: Evidence- and Ethics-Informed Practice.Rachael Holt & Loyola McLean - 2019 - Neuroethics 14 (3):295-309.
    Currently there are several psychotherapy modalities utilising theory and research from neuroscience in treatment frameworks for mental health and recovery from trauma. In Australia this includes: the Conversational Model of Psychodynamic Psychotherapy, a contemporary psychodynamic approach used for treating Borderline Personality Disorder and other trauma-related disorders; Electroencephalogram Neurofeedback, a brain training therapy which has been used as an adjunct to counselling/psychotherapy in traumatic stress and developmental trauma; and Somatic Experiencing, an integrative mind-body approach based on body responses to threat and (...)
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  • Response—An Extreme Ordeal: Writing Emotion in Qualitative Research.Siun Gallagher - 2022 - Journal of Bioethical Inquiry 19 (1):101-108.
    Responding to the stimulus afforded by Little et al.’s “Pragmatic pluralism: Mutual tolerance of contested understandings between orthodox and alternative practitioners in autologous stem cell transplantation,” this paper explores how the norms of qualitative inquiry affect the representation of emotion in research reports. It describes a conflict between the construction of emotion in qualitative research accounts and its application to analysis and theorization, whose origins may lie in researchers’ reticence when it comes to conveying or using the emotional features of (...)
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  • Doctors on Values and Advocacy: A Qualitative and Evaluative Study.Siun Gallagher & Miles Little - 2017 - Health Care Analysis 25 (4):370-385.
    Doctors are increasingly enjoined by their professional organisations to involve themselves in supraclinical advocacy, which embraces activities focused on changing practice and the system in order to address the social determinants of health. The moral basis for doctors’ decisions on whether or not to do so has been the subject of little empirical research. This opportunistic qualitative study of the values of medical graduates associated with the Sydney Medical School explores the processes that contribute to doctors’ decisions about taking up (...)
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  • The Unique Nature of Clinical Ethics in Allied Health Pediatrics: Implications for Ethics Education.Clare Delany, Merle Spriggs, Craig L. Fry & Lynn Gillam - 2010 - Cambridge Quarterly of Healthcare Ethics 19 (4):471-480.
    Ethics education is recognized as an integral component of health professionals’ education and has been occurring in various guises in the curricula of health professional training in many countries since at least the 1970s. However, there are a number of different aims and approaches adopted by individual educators, programs, and, importantly, different health professions that may be characterized according to strands or trends in ethics education.
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  • Balancing Patient and Societal Interests in Decisions About Potentially Life-Sustaining Treatment: An Australian Policy Analysis.Eliana Close, Ben P. White & Lindy Willmott - 2020 - Journal of Bioethical Inquiry 17 (3):407-421.
    BackgroundThis paper investigates the content of Australian policies that address withholding or withdrawing life-sustaining treatment to analyse the guidance they provide to doctors about the allocation of resources.MethodsAll publicly available non-institutional policies on withholding and withdrawing life-sustaining treatment were identified, including codes of conduct and government and professional organization guidelines. The policies that referred to resource allocation were isolated and analysed using qualitative thematic analysis. Eight Australian policies addressed both withholding and withdrawing life-sustaining treatment and resource allocation.ResultsFour resource-related themes were (...)
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  • Role of Socioeconomic Status on Consumers' Attitudes Towards DTCA of Prescription Medicines in Australia.Betty B. Chaar & Johnson Lee - 2012 - Journal of Business Ethics 105 (4):447-460.
    The Pharmaceutical Benefits Scheme, operating in Australia under the National Health Act 1953, provides citizens equal access to subsidised pharmaceuticals. With ever-increasing costs of medicines and global financial pressure on all commodities, the sustainability of the PBS is of crucial importance on many social and political fronts. Direct-to-consumer advertising (DTCA) of prescription medicines is fast expanding, as pharmaceutical companies recognise and reinforce marketing potentials not only in healthcare professionals but also in consumers. DTCA is currently prohibited in Australia, but pharmaceutical (...)
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  • Teaching Professional Ethic and its Role in Improving the Health of Medical Staff; Review Study.Fariba Dehghani, Yadolah Zarezadeh & Jamal Salimi - 2021 - Health, Spirituality and Medical Ethics 8 (1):63-73.
    Background and Objectives: Professionalism is one of the major concerns of human beings in all sciences, especially in medical sciences, and observing this in various periods of human history is considered one of the most important crises of social life. Any negligence and failure to observe professionalism can affect the findings of the most scientific and best care. The present study aimed to examine the role of teaching professionalism in medical community health. Methods: This review study searched English and Persian (...)
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