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Ben A. Rich [28]Ben Arthur Rich [1]
  1. David Resnik, Marsha Rehm & Ben A. Rich (forthcoming). Case Study: Pain and Sickle Cell Anemia. Hastings Center Report.
     
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  2. Ben A. Rich (forthcoming). Book Review: The Bioethics of Pain Management—Beyond Opioids by Daniel S. Goldberg. [REVIEW] Journal of Medical Humanities.
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  3. Ben A. Rich (2014). Observations on the Nature and Extent of Injustice in the American Prison System. American Journal of Bioethics 14 (7):1-3.
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  4. Ben A. Rich (2014). Structuring Conversations on the Fact and Fiction of Brain Death. American Journal of Bioethics 14 (8):31-33.
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  5. Ben A. Rich (2013). Distinguishing Difficult Patients From Difficult Maladies. American Journal of Bioethics 13 (4):24 - 26.
    (2013). Distinguishing Difficult Patients From Difficult Maladies. The American Journal of Bioethics: Vol. 13, No. 4, pp. 24-26. doi: 10.1080/15265161.2013.767957.
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  6. Ben A. Rich (2013). Justice, Mercy, and the Terminally Ill Prisoner. Cambridge Quarterly of Healthcare Ethics 22 (4):382-388.
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  7. Ben A. Rich (2013). Suicidality, Refractory Suffering, and the Right to Choose Death. American Journal of Bioethics 13 (3):18 - 20.
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  8. Ben A. Rich (2012). Terminal Suffering and the Ethics of Palliative Sedation. Cambridge Quarterly of Healthcare Ethics 21 (01):30-39.
    Until quite recently bioethicists have had little of depth and probity to say about the duty of healthcare professionals in general and physicians in particular to relieve pain and suffering associated with disease and/or its treatment.
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  9. Ben A. Rich (2011). A Death of One's Own: The Perils and Pitfalls of Continuous Sedation as the Ethical Alternative to Lethal Prescription. American Journal of Bioethics 11 (6):52 - 53.
    The American Journal of Bioethics, Volume 11, Issue 6, Page 52-53, June 2011.
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  10. Ben A. Rich (2006). Causation and Intent: Persistent Conundrums in End-of-Life Care. Cambridge Quarterly of Healthcare Ethics 16 (01):63-73.
    In a recent special supplement to the Hastings Center Report entitled “Improving End-of-Life Care—Why Has It Been So Difficult?” Robert Burt wrote the following in an essay ominously entitled “The End of Autonomy”: No one should be socially authorized to engage in conduct that directly, purposefully, and unambiguously inflicts death, whether on another person or on oneself. Decisions that indirectly lead to death should be acted upon only after a consensus is reached among many people. No single individual should be (...)
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  11. Ben A. Rich (2006). Book Review. [REVIEW] Theoretical Medicine and Bioethics 27 (6):108-111.
    In his professional life, Richard Posner is addressed as “Your Honor,” inasmuch as he is Chief Judge of the U.S. Court of Appeals for the Seventh Circuit. He is also a senior lecturer at the University of Chicago Law School. Finally, he is a prolific author of books and articles in scholarly journals in which he expounds at length and with copious footnotes his particular views of jurisprudence and public policy. One of his frequent intellectual adversaries, legal philosopher Ronald Dworkin, (...)
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  12. Ben A. Rich (2005). Medical Custom and Medical Ethics: Rethinking the Standard of Care. Cambridge Quarterly of Healthcare Ethics 14 (01):27-39.
    In the regime of Anglo-American tort law, every person has a responsibility to comport him- or herself with “due care” in going about day-to-day activities so as not to imperil the health, safety, or general welfare of others. The gold standard for determining what constitutes due care in any particular situation is what a reasonable person, similarly situated, would do. Determinations of due care are necessarily fact specific. Nevertheless, the general objective is to strike an appropriate balance between an unrealistically (...)
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  13. Ben A. Rich (2005). Introduction. Journal of Law, Medicine & Ethics 33 (2):194-197.
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  14. Ben A. Rich (2004). Commentary. Cambridge Quarterly of Healthcare Ethics 13 (01):100-104.
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  15. Ben A. Rich (2003). Oregon V. Ashcroft: The Battle Over the Soul of Medicine. Cambridge Quarterly of Healthcare Ethics 12 (03):310-321.
    When one considers the protracted and continuing struggle of the citizens of Oregon to include physician-assisted suicide among the panoply of measures available to dying patients and the physicians who care for them, the depth and breadth of the issue becomes inescapable. The potential intractability of the dispute is illustrated by the very fact, noted in the preceding parenthetical phrase, that consensus eludes us on even the most basic of semantic points—how we are to most aptly characterize the conduct in (...)
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  16. Ben A. Rich (2002). Moral Conundrums in the Courtroom: Reflections on a Decade in the Culture of Pain. Cambridge Quarterly of Healthcare Ethics 11 (02):180-190.
    Charles Dickens began one of his many great works of literature with this seemingly paradoxical, self-contradictory statement. Reflecting on a jury verdict in Northern California in June of 2001, in the context of what has transpired during the decade of the 1990s with regard to the care of dying patients, observations in the genre of Dickens come readily to mind. In 1991, two of the most compelling books on the subject of pain, medicine, and society were published: Eric Cassell's The (...)
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  17. Ben A. Rich (2002). The Tyranny of Judicial Formalism: Oral Directives and the Clear and Convincing Evidence Standard. Cambridge Quarterly of Healthcare Ethics 11 (03):292-302.
    A decision by the Supreme Court of California in the case Conservatorship of Wendland, issued in August 2001, forces us once again to confront the all-too-common situation in which an individual has, on multiple occasions, expressed strongly held personal convictions about life-sustaining interventions but failed to incorporate those convictions into a formal advance directive. Many courts have recognized that lay citizens do not consistently resort to written legal formalities in their day-to-day lives, and reasonable accommodation must be made to this (...)
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  18. Ben A. Rich (2001). Book Reviews: Death Foretold: Prophecy and Prognosis in Medical Care. Nicholas A. Christakis. (2000). Chicago: University of Chicago Press. 199 Pp.(Hardcover). [REVIEW] Journal of Medical Humanities 22 (3):247-249.
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  19. Ben A. Rich (2001). Defining and Delineating a Duty to Prognosticate. Theoretical Medicine and Bioethics 22 (3):177-192.
    Prognostication, the process offormulating and communicating a prognosis, isno longer considered by most physicians to bean essential task in caring for patients withserious illness. Because of this fact, it isnot surprising to find that when physiciansattempt to engage in prognostication, they doit poorly. What may be surprising to thoseoutside the medical community is the extent towhich professional norms have developed whichactively discourage physicians from engaging inprognostication. This article explores thecauses of this state of affairs and thejustifications offered for it. The (...)
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  20. Ben A. Rich (2000). An Ethical Analysis of the Barriers to Effective Pain Management. Cambridge Quarterly of Healthcare Ethics 9 (01):54-70.
    Among the most significant findings of SUPPORT was that 50% of ICU patients suffered from moderate to severe pain during the last days of life. At the time of its publication late in 1995, SUPPORT was merely the latest in a long series of articles in the medical literature documenting the widespread and significant undertreatment of pain, beginning with a 1973 study of hospital inpatients. Much has been written about the phenomenon of undertreated pain and inadequate care of patients at (...)
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  21. Ben A. Rich (2000). The Problematics of Moral and Legal Theory, by Richard A. Posner. Cambridge (MA): The Belknap Press of Harvard University Press, 1999. 320 Pp. [REVIEW] Cambridge Quarterly of Healthcare Ethics 9 (03):429-434.
    In his professional life, Richard Posner is addressed as inasmuch as he is Chief Judge of the U.S. Court of Appeals for the Seventh Circuit. He is also a senior lecturer at the University of Chicago Law School. Finally, he is a prolific author of books and articles in scholarly journals in which he expounds at length and with copious footnotes his particular views of jurisprudence and public policy. One of his frequent intellectual adversaries, legal philosopher Ronald Dworkin, wryly described (...)
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  22. Ben A. Rich (2000). Hans-Martin Sass, Robert M. Veatch, Rihito Kimura (Eds.). Advance Directives and Surrogate Decision Making in Health Care. [REVIEW] Theoretical Medicine and Bioethics 21 (4):367-373.
  23. Ben A. Rich (1998). Limits—The Role of the Law in Bioethical Decision Making, by Roger B. Dworkin. Bloomington (IN): Indiana University Press, 1996. 205 Pp. [REVIEW] Cambridge Quarterly of Healthcare Ethics 7 (01):108-111.
    Anyone with so much as a passing familiarity with bioethics knows how significantly and persistently (at least since mid-century) the law has insinuated itself into healthcare and the process of bioethical decisionmaking. Viewed from the insular perspective of traditional medical practice and medical ethics, it is not surprising that the of the patientlimitshavoc” wreaked by law upon the landscape of medical practice, painted by a lawyer, stands in stark contrast to an earlier and much more sympathetic account offered by Columbia (...)
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  24. Ben A. Rich (1997). A Legacy of Silence: Bioethics and the Culture of Pain. [REVIEW] Journal of Medical Humanities 18 (4):233-259.
    For over 20 years the medical literature has carefully documented the undertreatment of all types of pain by physicians. During this same period, as the field of bioethics came of age, the phenomenon of undertreated pain received almost no attention from the bioethics literature. This article takes bioethicists to task for failing to recognize the undertreatment of pain as a major ethical, and not merely a clinical, failing of the medical profession. The nature and extent of the problem of undertreated (...)
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  25. Ben A. Rich (1997). Prospective Autonomy and Critical Interests: A Narrative Defense of the Moral Authority of Advance Directives. Cambridge Quarterly of Healthcare Ethics 6 (2):138-.
    In the mid to late 1980s a debate arose over the moral and legal authority of advance medical directives. At the center of this debate were two point-counterpoint law journal articles by Rebecca Dresser and Nancy Rhoden. What appeared to have the makings of an ongoing critical dialogue ended with the untimely death of Nancy Rhoden. Rebecca Dresser, however, has continued her challenge of advance directives in numerous publications, most recently in a critique of Ronald Dworkin's Life's Dominion. Like Rhoden, (...)
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  26. Ben A. Rich (1997). Postmodern Personhood: A Matter of Consciousness. Bioethics 11 (3-4):206-216.
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  27. Ben A. Rich (1992). Irrational and Pregnant. Hastings Center Report 22 (3):44-44.
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  28. Ben A. Rich (1986). Strong Reactions to "Death at a New York Hospital". Journal of Law, Medicine & Ethics 14 (3-4):205-206.
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