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Ethics and the Clinical Encounter

CSS Publishing Company (2004)

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  1. The phenomenon of vulnerability in clinical encounters.Richard M. Zaner - 2006 - Human Studies 29 (3):283 - 294.
    After a brief, personal reflection on Aron Gurwitsch’s life and his many influences on my career, I devote this lecture to some of the central themes of a phenomenology of medicine. Its core is the clinical encounter, which displays a certain structure I term the asymmetry of power (physician) and vulnerability (patient, family)—a complex contextual imbalance characterized by multiple points of view, hence points for reflective entrance. These are then interpreted phenomenologically in terms of epoché and reduction (practical distantiation), evidence, (...)
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  • The phenomenon of vulnerability in clinical encounters.Richard M. Zaner - 2006 - Human Studies 29 (3):283-294.
    After a brief, personal reflection on Aron Gurwitsch's life and his many influences on my career, I devote this lecture to some of the central themes of a phenomenology of medicine. Its core is the clinical encounter, which displays a certain structure I term the asymmetry of power and vulnerability —a complex contextual imbalance characterized by multiple points of view, hence points for reflective entrance. These are then interpreted phenomenologically in terms of epoché and reduction, evidence, reflection, and other related (...)
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  • The discipline of the “norm:” A critical appreciation of Erwin Strauss. [REVIEW]Richard M. Zaner - 2004 - Human Studies 27 (1):37-50.
    As a practicing physician (psychiatrist), scientist (neurologist) and philosopher, Erwin Straus developed a body of writing which, falling within the phenomenological tradition, is highly original and insightful. His unusual combination of work from these three areas constitutes one of the most important attempts to provide what has been called a new Paideia. Regarding this unique blend of perspectives and concerns as quite natural, he conceived his work variously as a medical anthropologyrdquo; or phenomenological psychology. In the end, he was both (...)
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  • On evoking clinical meaning.Richard Zaner - 2006 - Journal of Medicine and Philosophy 31 (6):655 – 666.
    It was in the course of one particular clinical encounter that I came to realize the power of narrative, especially for expressing clinically presented ethical matters. In Husserlian terms, the mode of evidence proper to the unique and the singular is the very indirection that is the genius of story-telling. Moreover, the clinical consultant is unavoidably changed by his or her clinical involvement. The individuals whose situation is at issue have their own stories that need telling. Clinical ethics is in (...)
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  • Making music together while growing older: Further reflections on intersubjectivity. [REVIEW]Richard M. Zaner - 2002 - Human Studies 25 (1):1-18.
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  • A work in progress.Richard M. Zaner - 2004 - Theoretical Medicine and Bioethics 26 (1):89-104.
    After expressing gratitude to each contributor, and briefly commenting on each, I probe several main themes of my work, addressing the question of the apparent difference between my earlier philosophical and later clinical writings. Central to both is the reflexivity of the human agent, and that each exhibits a form of practice regardless of the specific aims embedded in each. I then address the theme of narrative writing as my work has developed over the past several decades – at the (...)
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  • At Play in the Field of Possibles.Richard M. Zaner - 2010 - Journal of Phenomenological Psychology 41 (1):28-84.
    This essay focuses on questions central to Husserl’s essential methodology, specifically his notion of ‘free-fantasy variation,’ which he regarded as his ‘fundamental methodological insight.’ At the heart of this ‘vital element of phenomenology’ is what he often terms ‘as-if experience’ thanks to which anything whatever can be considered either for its own sake or as an example of something else. Further analysis explores the act of exemplification, the act of feigning and the shifts of attention and orientation that ground free-fantasy (...)
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  • Afterword.Richard M. Zaner - 1999 - Human Studies 22 (1):99-116.
    In an overview of the essays in this project, a number of clinical ethics issues receive emphasis. (1) One cluster concerns the ethical concerns presented within the relationship between the providers (doctor, nurse, etc.) and patient (and family), as distinct from those associated with being a clinical ethics consultant invited into a situation to assist. (2) Distinct from these are ethical issues intrinsic to the ways in which clinical encounters are variously written about (from chart notes to published articles). (3) (...)
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  • The quality of bioethics debate: implications for clinical ethics committees.L. Williamson - 2008 - Journal of Medical Ethics 34 (5):357-360.
    Bioethicists have recently expressed concern over a lack of quality control within the field. This apprehension focuses on bioethics expanding in ways that obscure its distinctive ethical remit and the specialist reasoning skills it requires. This thesis about the quality and conduct of bioethics may have particular relevance for clinical ethics. As one of the youngest offshoots of bioethics, the field focuses on the ethical issues that arise specifically in a clinical context. However, non-ethics specialists are increasingly involved in this (...)
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  • Richard Zaner’s Phenomenology of the Clinical Encounter.Osborne P. Wiggins & Michael A. Schwartz - 2004 - Theoretical Medicine and Bioethics 26 (1):73-87.
    The clinical ethics propounded by Richard Zaner is unique. Partly because of his phenomenological orientation and partly because of his own daily practice as a clinical ethicist in a large university hospital, Zaner focuses on the particular concrete situations in which patients and their families confront illness and injury and struggle toward workable ways for dealing with them. He locates ethical reality in the clinical encounter. This encounter encompasses not only patient and physician but also the patients family and friends (...)
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  • A Window Into Richard M. Zaner’s Clinical Ethics.Osborne P. Wiggins & John Z. Sadler - 2004 - Theoretical Medicine and Bioethics 26 (1):1-6.
    This essay introduces a thematic issue focused on the contributions to clinical ethics and the philosophy of medicine by Richard M. Zaner. We consider the apparent divorce of Zaners philosophical roots from his recent narrative immersions into the blooming, buzzing confusions of clinical-moral lifeworlds. Our considerations of the Zanerian context and origins of the clinical encounter introduce the fundamental questions faced by Zaner and his commentators in this issue, questions about the role of ethics consultants, moral authority, and clinical truths.
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  • Were the “Pioneer” Clinical Ethics Consultants “Outsiders”? For Them, Was “Critical Distance” That Critical?Bruce D. White, Wayne N. Shelton & Cassandra J. Rivais - 2018 - American Journal of Bioethics 18 (6):34-44.
    “Clinical ethics consultants” have been practicing in the United States for about 50 years. Most of the earliest consultants—the “pioneers”—were “outsiders” when they first appeared at patients' bedsides and in the clinic. However, if they were outsiders initially, they acclimated to the clinical setting and became “insiders” very quickly. Moreover, there was some tension between traditional academics and those doing applied ethics about whether there was sufficient “critical distance” for appropriate reflection about the complex medical ethics dilemmas of the day (...)
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  • The metamorphosis: The nature of chronic illness and its challenge to medicine. [REVIEW]S. Kay Toombs - 1993 - Journal of Medical Humanities 14 (4):223-230.
  • Hermeneutics of clinical practice: The question of textuality. [REVIEW]F. Svenaeus - 2000 - Theoretical Medicine and Bioethics 21 (2):171-189.
    In this article I scrutinize the question whetherclinical medicine, in order to be considered ahermeneutical enterprise, must be thought of as areading of different texts. Three differentproposals for a definition of the concept of text inmedicine, suggested by other hermeneuticians, arediscussed. All three proposals are shown to beunsatisfying in various ways. Instead of attempting tofind a fourth definition of the concept of textsuitable to a hermeneutics of medicine, I then try toshow that the assumption that one needs to operatewith the (...)
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  • Maximizing the Benefit and Mitigating the Risks of Moral Hazard.Randi Zlotnik Shaul & Wendy J. Ungar - 2016 - American Journal of Bioethics 16 (7):44-46.
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  • Charles Taylor, Phronesis, and Medicine: Ethics and Interpretation in Illness Narrative.D. S. Schultz & L. V. Flasher - 2011 - Journal of Medicine and Philosophy 36 (4):394-409.
    This paper provides a brief overview and critique of the dominant objectivist understanding and use of illness narrative in Enlightenment (scientific) medicine and ethics, as well as several revisionist accounts, which reflect the evolution of this approach. In light of certain limitations and difficulties endemic in the objectivist understanding of illness narrative, an alternative phronesis approach to medical ethics influenced by Charles Taylor’s account of the interpretive nature of human agency and language is examined. To this end, the account of (...)
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  • Power and hope in the clinical encounter: A meditation on vulnerability.Richard M. Zaner - 2000 - Medicine, Health Care and Philosophy 3 (3):263-273.
    A specific clinical encounter in which the author was an ethics consultant, after a brief summary, provides the basis for a phenomenological delineation and explication of the key ingredients of such encounters. A brief historical reflection on the myths of Gyges and Aesculapius suggests that several of these ingredients are essential to clinical encounters and help constitute their specific moral aspects and challenges. Understood as an interpersonal relationship framed by critical issues of illness experiences, the clinical encounter makes prominent such (...)
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  • Ethik in der Klinik – Theorie für die Praxis: Ziele, Aufgaben und Möglichkeiten des Ethik-Konsils. [REVIEW]Stella Reiter-Theil - 1999 - Ethik in der Medizin 11 (4):222-232.
    Definition of the problem: Ethics consultation is one of the most important ways in which clinical ethicists can support both health-care providers and patients and their relatives in coping with ethical and existential challenges. The practice of ethics consultation, as performed at the Freiburg University Hospital is described and illustrated by a case report about the problem of treatment termination. The range of subject matters that come up in ethics consultations is analyzed. A research program in clinical ethics is summarized (...)
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  • Clinical Ethics Consultants are not “Ethics” Experts—But They do Have Expertise.Lisa M. Rasmussen - 2016 - Journal of Medicine and Philosophy 41 (4):384-400.
    The attempt to critique the profession of clinical ethics consultation by establishing the impossibility of ethics expertise has been a red herring. Decisions made in clinical ethics cases are almost never based purely on moral judgments. Instead, they are all-things-considered judgments that involve determining how to balance other values as well. A standard of justified decision-making in this context would enable us to identify experts who could achieve these standards more often than others, and thus provide a basis for expertise (...)
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  • The Hippocratic Oath, Medical Power, and Physician Virtue. [REVIEW]Michael Potts - 2020 - Philosophia 49 (3):913-922.
    In this paper, I supplement T. A. Cavanaugh’s arguments against physician-assisted suicide in his book, Hippocrates’ Oath and Asclepius’ Snake, by focusing more specifically on the dangers of the misuse of physician power and on the virtues essential to restrain such power. Since Cavanaugh’s starting point is similar to Edmund Pellegrino’s views on the fundamental ends of medicine, I start with the question of the proper ends of medicine. Cavanaugh’s interpretation of the Hippocratic Oath as the limitation of physician power (...)
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  • The 'I' of the beholder: Phenomenological seeing in disability research.Christina Papadimitriou - 2008 - Sport, Ethics and Philosophy 2 (2):216 – 233.
    In this paper I explicate what it means to see phenomenologically for an able-bodied researcher in the field of disability, and how this seeing yields a non-reductionistic understanding of the phenomenon of disability. My aim is to show how in this context, I, as a human and social scientist can use phenomenological methodology for both collecting and interpreting data. Though phenomenological philosophy can provide the basis of social scientific epistemology, it does not lend itself easily to a single specific or (...)
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  • Editorial: European debates on ethical case deliberation.Norbert L. Steinkamp - 2003 - Medicine, Health Care and Philosophy 6 (3):225-226.
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  • The desire for health and the promises of medicine.Roberto Mordacci - 1998 - Medicine, Health Care and Philosophy 1 (1):21-30.
    The varieties of meaning in which we use the terms illness and health requires that we develope a conceptualization allowing us to maintain a unity between the differences. In fact, the experiences of health and illness are complex ones and they need to be understood in their different levels so that the need for help of patients and their desire for health is adequately faced. At its roots, the experience of illness is that of a threat posed to the unreflective (...)
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  • Reflective Equilibrium and Empirical Data: Third Person Moral Experiences in Empirical Medical Ethics.Evert Van Leeuwen Martine De Vries - 2010 - Bioethics 24 (9):490-498.
    In ethics, the use of empirical data has become more and more popular, leading to a distinct form of applied ethics, namely empirical ethics. This ‘empirical turn’ is especially visible in bioethics. There are various ways of combining empirical research and ethical reflection. In this paper we discuss the use of empirical data in a special form of Reflective Equilibrium (RE), namely the Network Model with Third Person Moral Experiences. In this model, the empirical data consist of the moral experiences (...)
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  • Sexual Ethics and Communal Judgments: On the Pluralism of Virtues, Values, and Practices.B. Andrew Lustig - 1998 - Christian Bioethics 4 (1):3-13.
    Different judgments by Christian communities on issues in sexual ethics involve different weightings of various sources of moral authority, different understandings of the normativity of the natural, and different assessments of the scope of freedom to be exercised in relation to the goods of marriage. These fundamental differences of interpretation can be exemplified by the ongoing Roman Catholic discussion of the legitimacy of voluntary sterilization in certain “hard cases.” The contributors to this issue of Christian Bioethics, in their spirited exchange (...)
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  • Moral Hazards Over Narrative Methods in Pediatrics? Not Worth the Risk.Kellie R. Lang & D. Micah Hester - 2016 - American Journal of Bioethics 16 (7):42-44.
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  • Redefining the Clinical Relationship in the Era of Incentives.Eran Klein - 2012 - American Journal of Bioethics 12 (2):26-27.
    The American Journal of Bioethics, Volume 12, Issue 2, Page 26-27, February 2012.
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  • Echo calling narcissus: What exceeds the gaze of clinical ethics consultation?Jeffrey P. Bishop, Joseph B. Fanning & Mark J. Bliton - 2010 - HEC Forum 22 (1):171-171.
    Erratum to: Echo Calling Narcissus: What Exceeds the Gaze of Clinical Ethics Consultation? Content Type Journal Article Pages 171-171 DOI 10.1007/s10730-010-9132-7 Authors Jeffrey P. Bishop, Saint Louis University Tenet Chair of Health Care Ethics, Albert Gnaegi Center for Health Care Ethics Salus Center, Room 527, 3545 Lafayette Ave St. Louis MO 63104-1314 USA Joseph B. Fanning, Vanderbilt University Center for Biomedical Ethics and Society 2525 West End Ave., 4th Floor, Suite 400 Nashville TN 37203 USA Mark J. Bliton, Vanderbilt University (...)
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  • Research ethics at the empirical side.C. D. Herrera - 1999 - Theoretical Medicine and Bioethics 20 (2):191-200.
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  • Clinical evidence and the absent body in medical phenomenology: On the need for a new phenomenology of medicine.Maya J. Goldenberg - 2010 - International Journal of Feminist Approaches to Bioethics 3 (1):43-71.
    The once animated efforts in medical phenomenology to integrate the art and science of medicine (or to humanize scientific medicine) have fallen out of philosophical fashion. Yet the current competing medical discourses of evidencebased medicine and patient-centered care suggest that this theoretical endeavor requires renewed attention. In this paper, I attempt to enliven the debate by discussing theoretical weaknesses in the way the “lived body” has operated in the medical phenomenology literature—the problem of the absent body—and highlight how evidence-based medicine (...)
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  • Robot decisions: on the importance of virtuous judgment in clinical decision making.Petra Gelhaus - 2011 - Journal of Evaluation in Clinical Practice 17 (5):883-887.
  • Should competent patients or their families be able to refuse to allow an HEC case review? No.Stuart G. Finder - 1995 - HEC Forum 7 (1):51-53.
  • Accountability and the Clinical Practice of Ethics Consultation: Roles, Activities, and the Experience of Doing.Stuart G. Finder & Mark J. Bliton - 2014 - American Journal of Bioethics 14 (6):52-53.
    The past few years have seen greater attention directed toward important procedural elements associated with ethics consultation. Examples include considerations about how best to document consulta...
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  • The body as object versus the body as subject: The case of disability.Steven D. Edwards - 1998 - Medicine, Health Care and Philosophy 1 (1):47-56.
    This paper is prompted by the charge that the prevailing Western paradigm of medical knowledge is essentially Cartesian. Hence, illness, disease, disability, etc. are said to be conceived of in Cartesian terms. The paper attempts to make use of the critique of Cartesianism in medicine developed by certain commentators, notably Leder (1992), in order to expose Cartesian commitments in conceptions of disability. The paper also attempts to sketch an alternative conception of disability — one partly inspired by the work of (...)
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  • Suffering, compassion and 'doing good medical ethics'.Paquita C. de Zulueta - 2015 - Journal of Medical Ethics 41 (1):87-90.
    ‘Doing good medical ethics’ involves attending to both the biomedical and existential aspects of illness. For this, we need to bring in a phenomenological perspective to the clinical encounter, adopt a virtue-based ethic and resolve to re-evaluate the goals of medicine, in particular the alleviation of suffering and the role of compassion in everyday ethics.
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  • Theory and the organic bioethicist.Tod Chambers - 2001 - Theoretical Medicine and Bioethics 22 (2):123-134.
    This article argues for the importance of theoreticalreflections that originate from patients' experiences.Traditionally academic philosophers have linked their ability totheorize about the moral basis of medical practice to their roleas outside observer. The author contends that recently a new typeof reflection has come from within particular patientpopulations. Drawing upon a distinction created by AntonioGramsci, it is argued that one can distinguish the theorygenerated by traditional bioethicists, who are academicallytrained, from that of ``organic'' bioethicists, who identifythemselves with a particular patient community. (...)
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  • Demythologizing Bioethics: The American Monomyth in Clinical Ethics Consultations.Tod Chambers - 2018 - American Journal of Bioethics 18 (6):57-58.
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  • Whose harm? Which metaphysic?Abram Brummett - 2019 - Theoretical Medicine and Bioethics 40 (1):43-61.
    Douglas Diekema has argued that it is not the best interest standard, but the harm principle that serves as the moral basis for ethicists, clinicians, and the courts to trigger state intervention to limit parental authority in the clinic. Diekema claims the harm principle is especially effective in justifying state intervention in cases of religiously motivated medical neglect in pediatrics involving Jehovah’s Witnesses and Christian Scientists. I argue that Diekema has not articulated a harm principle that is capable of justifying (...)
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  • Richard Zaner’s “Troubled” Voice In Troubled Voices: Poseur, Posing, Possibilizing?Mark J. Bliton - 2004 - Theoretical Medicine and Bioethics 26 (1):25-53.
    This essay considers Richard Zaners storytelling in Troubled Voices as a form of possibilizing which uses the stories to exemplify important moral themes such as contingency and freedom. Distinguishing between activities of moral discovery through the telling of a story and posing in the sense of writing to tell the moral of the story, I suggest that something crucial goes on for Zaner in his own tellings. Several of the more insistent implications Zaner reveals about the moral relationships encountered in (...)
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  • Strange, but not stranger: The peculiar visage of philosophy in clinical ethics consultation. [REVIEW]Mark J. Bliton & Stuart G. Finder - 1999 - Human Studies 22 (1):69-97.
    Baylis, Tomlinson, and Hoffmaster each raise a number of critiques in response to Bliton's manuscript. In response, we focus on three themes we believe run through each of their critiques. The first is the ambiguity between the role of ethics consultation within an institution and the role of the actual ethics consultant in a particular situation, as well as the resulting confusion when these roles are conflated. We explore this theme by revisiting the question of What's going on? in clinical (...)
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  • Traversing boundaries: Clinical ethics, moral experience, and the withdrawal of life supports.Mark J. Bliton & Stuart G. Finder - 2002 - Theoretical Medicine and Bioethics 23 (3):233-258.
    While many have suggested that to withdraw medical interventions is ethically equivalent to withholding them, the moral complexity of actually withdrawing life supportive interventions from a patient cannot be ignored. Utilizing interplay between expository and narrative styles, and drawing upon our experiences with patients, families, nurses, and physicians when life supports have been withdrawn, we explore the changeable character of boundaries in end-of-life situations. We consider ways in which boundaries imply differences – for example, between cognition and performance – and (...)
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  • Exploring Clinical Ethics' Past to Imagine Its Possible Future.Mark J. Bliton & Virginia L. Bartlett - 2018 - American Journal of Bioethics 18 (6):55-57.
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  • Echo Calling Narcissus: What Exceeds the Gaze of Clinical Ethics Consultation?Jeffrey P. Bishop, Joseph B. Fanning & Mark J. Bliton - 2010 - HEC Forum 22 (1):73-84.
    Guiding our response in this essay is our view that current efforts to demarcate the role of the clinical ethicist risk reducing its complex network of authorizations to sites of power and payment. In turn, the role becomes susceptible to various ideologies—individualisms, proceduralisms, secularisms—that further divide the body from the web of significances that matter to that body, where only she, the patient, is located. The security of policy, standards, and employment will pull against and eventually sever the authorization secured (...)
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  • Response to Open Peer Commentaries on “Responding to Those Who Hope for a Miracle: Practices for Clinical Bioethicists”.Trevor M. Bibler, Myrick C. Shinall & Devan Stahl - 2018 - American Journal of Bioethics 18 (5):W1-W5.
    Significant challenges arise for clinical care teams when a patient or surrogate decision-maker hopes a miracle will occur. This article answers the question, “How should clinical bioethicists respond when a medical decision-maker uses the hope for a miracle to orient her medical decisions?” We argue the ethicist must first understand the complexity of the miracle-invocation. To this end, we provide a taxonomy of miracle-invocations that assist the ethicist in analyzing the invocator's conceptions of God, community, and self. After the ethicist (...)
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  • Cybermedicine and the moral integrity of the physician–patient relationship.Keith Bauer - 2004 - Ethics and Information Technology 6 (2):83-91.
    Some critiques of cybermedicine claim that it is problematic because it fails to create physician–patient relationships. But, electronically mediated encounters do create such relationships. The issue is the nature and quality of those relationships and whether they are conducive to good patient care and meet the ethical ideals and standards of medicine. In this paper, I argue that effective communication and compassion are, in most cases, necessary for the establishment of trusting and morally appropriate physician–patient relationships. The creation of these (...)
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  • The Ethics and Governance of Medical Research: What does regulation have to do with morality?Richard Ashcroft - 2003 - New Review of Bioethics 1 (1):41-58.
    (2003). The Ethics and Governance of Medical Research: What does regulation have to do with morality? New Review of Bioethics: Vol. 1, No. 1, pp. 41-58.
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  • What kind of doing is clinical ethics?George J. Agich - 2004 - Theoretical Medicine and Bioethics 26 (1):7-24.
    This paper discusses the importance of Richard M. Zaners work on clinical ethics for answering the question: what kind of doing is ethics consultation? The paper argues first, that four common approaches to clinical ethics – applied ethics, casuistry, principlism, and conflict resolution – cannot adequately address the nature of the activity that makes up clinical ethics; second, that understanding the practical character of clinical ethics is critically important for the field; and third, that the practice of clinical ethics is (...)
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