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  1. Self-Ownership and Abortion.Rajiv Shah - manuscript
    This paper argues that in the absence of general duties to rescue a woman may, at any time, terminate an unintended pregnancy even if the foetus is a person. However the rights of the foetus restrict the procedures one may use. In particular only an evictionist procedure may be used. Furthermore the argument presented does not rely on any act of balancing the rights of the woman against the rights of the foetus. There is no “clash of rights” involved. This (...)
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  2. “First, Do No Harm”: Physician Discretion, Racial Disparities, and Opioid Treatment Agreements.Adrienne Beck, Larisa Svirsky & Dana Howard - forthcoming - Journal of Medical Ethics.
    The increasing use of opioid treatment agreements (OTAs) has prompted debate within the medical community about ethical challenges with respect to their implementation. The focus of debate is usually on the efficacy of OTAs at reducing opioid misuse, how OTAs may undermine trust between physicians and patients, and the potential coercive nature of requiring patients to sign such agreements as a condition for receiving pain care. An important consideration missing from these conversations is the potential for racial bias in the (...)
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  3. Don't Risk Homicide: Abortion After 10 Weeks Gestation.Matthew Braddock - forthcoming - Journal of Medicine and Philosophy.
    When an abortion is performed, someone dies. Are we killing an innocent human person? Widespread disagreement exists. However, it’s not necessary to establish personhood in order to establish the wrongness of abortion: a substantial chance of personhood is enough. We defend The Don’t Risk Homicide Argument: abortions are wrong after 10 weeks gestation because they substantially and unjustifiably risk homicide, the unjust killing of an innocent person. Why 10 weeks? Because the cumulative evidence establishes a substantial chance (a more than (...)
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  4. The Duty to Protect, Abortion, and Organ Donation.Emily Carroll & Parker Crutchfield - forthcoming - Cambridge Quarterly of Healthcare Ethics.
    Some people oppose abortion on the grounds that fetuses have full moral status and thus a right to not be killed. We argue that special obligations that hold between mother and fetus also hold between parents and their children. We argue that if these special obligations necessitate the sacrifice of bodily autonomy in the case of abortion, then they also necessitate the sacrifice of bodily autonomy in the case of organ donation. If we accept the argument that it is obligatory (...)
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  5. Public Perception of Organ Donation and Transplantation Policies in Southern Spain.Gonzalo Díaz-Cobacho, Maite Cruz-Piqueras, Janet Delgado, Joaquín Hortal-Carmona, María Victoria Martínez-López, Alberto Molina-Pérez, Álvaro Padilla-Pozo, Julia Ranchal-Romero & David Rodríguez-Arias - forthcoming - Transplantation Proceedings.
    Background: This research explores how public awareness and attitudes toward donation and transplantation policies may contribute to Spain's success in cadaveric organ donation. Materials and Methods: A representative sample of 813 people residing in Andalusia (Southern Spain) were surveyed by telephone or via Internet between October and December 2018. Results: Most participants trust Spain's donation and transplantation system (93%) and wish to donate their organs after death (76%). Among donors, a majority have expressed their consent (59%), and few nondonors have (...)
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  6. Civil Liberties in a Lockdown: The Case of COVID-19.Samuel Director & Christopher Freiman - forthcoming - Journal of Medicine and Philosophy:1-24.
    In response to the spread of COVID-19, governments across the world have, with very few exceptions, enacted sweeping restrictive lockdown policies that impede citizens’ freedom to move, work, and assemble. This paper critically responds to the central arguments for restrictive lockdown legislation. We build our critique on the following assumption: public policy that enjoys virtually unanimous support worldwide should be justified by uncontroversial moral principles. We argue that that the virtually unanimous support in favor of restrictive lockdowns is not adequately (...)
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  7. Should Parents Be Asked to Consent for Life-Saving Paediatric Interventions?Nathan K. Gamble & Michal Pruski - forthcoming - Journal of the Intensive Care Society.
    Informed consent, when given by proxy, has limitations: chiefly, it must be made in the interest of the patient. Here we critique the standard approach to parental consent, as present in Canada and the UK. Parents are often asked for consent, but are not given the authority to refuse medically beneficial treatment in many situations. This prompts the question of whether it is possible for someone to consent if they cannot refuse. We present two alternative and philosophically more consistent frameworks (...)
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  8. Inconsistency Between the Circulatory and the Brain Criteria of Death in the Uniform Determination of Death Act.Alberto Molina-Pérez, James L. Bernat & Anne Dalle-Ave - forthcoming - Journal of Medicine and Philosophy.
    Since 1968, a brain-based criterion of death has been adopted in medical practice and passed into law or national guidelines in most countries worldwide. In some countries, such as Australia, Spain, and the United States, death can be determined by either the circulatory and respiratory criterion or by the neurological criterion. This practice corresponds to recommendations by the World Health Organization and the World Medical Association. In the USA, the Uniform Determination of Death Act (UDDA) provides that “an individual who (...)
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  9. Acts and Distance—a Commentary on Brummett's ‘When Conscientious Objection Runs Amok’.Michal Pruski - forthcoming - Clinical Ethics.
    In his ‘When conscientious objection runs amok: A physician refusing human immunodeficiency virus (HIV) preventative to a bisexual patient’, Brummett has argued that Catholic physicians (or indeed any other healthcare practitioner) should not be able to raise conscientious objections to HIV pre-exposure prophylaxis for bisexual patients, as this constitutes discrimination. Brummett argues that such a conscientious objection represents an instance of conscience creep, which he argues is undesirable. Here I re-analyse the case presented by Brummett using a teleological framework and (...)
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  10. Deep Brain Stimulation and Revising the Mental Health Act: The Case for Intervention-Specific Safeguards.Jonathan Pugh, Tipu Aziz, Jonathan Herring & Julian Savulescu - forthcoming - British Journal of Psychiatry.
    Under the current Mental Health Act of England and Wales, it is lawful to perform deep brain stimulation in the absence of consent and independent approval. We argue against the Care Quality Commission's preferred strategy of addressing this problematic issue, and offer recommendations for deep brain stimulation-specific provisions in a revised Mental Health Act.
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  11. Person-Centered Maternity Care: COVID Exposes the Illusion.Rebecca Brione - 2022 - International Journal of Feminist Approaches to Bioethics 15 (1):131-134.
    UK maternity policy makes great fanfare about providing person-centered care, built around what the pregnant woman or birthing person needs. Maternity Voices Partnerships involving healthcare professionals and women are supposed to guide policy and practice at the local level. UK consent law prioritizes the pregnant person's own conception of the risks and factors that are material to her care. The COVID-19 pandemic has shown how tenuous a hold these laudable principles actually have when the going gets tough.
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  12. Equipoise, Standard of Care, and Consent: Responding to the Authorisation of New COVID-19 Treatments in Randomised Controlled Trials.Soren Holm, Jonathan Lewis & Rafael Dal-Ré - 2022 - Journal of Medical Ethics:1-6.
    In response to the COVID-19 pandemic, large-scale research and pharmaceutical regulatory processes have proceeded at a dramatically increased pace with new and effective, evidence-based COVID-19 interventions rapidly making their way into the clinic. However, the swift generation of high-quality evidence and the efficient processing of regulatory authorisation have given rise to more specific and complex versions of well-known research ethics issues. In this paper, we identify three such issues by focusing on the authorisation of Molnupiravir, a novel antiviral medicine aimed (...)
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  13. Should the Family Have a Role in Deceased Organ Donation Decision-Making? A Systematic Review of Public Knowledge and Attitudes Towards Organ Procurement Policies in Europe.Alberto Molina-Pérez, Janet Delgado, Mihaela Frunza, Myfanwy Morgan, Gurch Randhawa, Jeantine Reiger-Van de Wijdeven, Silke Schicktanz, Eline Schiks, Sabine Wöhlke & David Rodríguez-Arias - 2022 - Transplantation Reviews 36 (1).
    Goal: To assess public knowledge and attitudes towards the family’s role in deceased organ donation in Europe. -/- Methods: A systematic search was conducted in CINHAL, MEDLINE, PAIS Index, Scopus, PsycINFO, and Web of Science on December 15th, 2017. Eligibility criteria were socio-empirical studies conducted in Europe from 2008 to 2017 addressing either knowledge or attitudes by the public towards the consent system, including the involvement of the family in the decision-making process, for post-mortem organ retrieval. Screening and data collection (...)
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  14. Alta Fixsler: Medico-Legal Paternalism in UK Paediatric Best Interest Decisions.Michal Pruski - 2022 - Issues in Law and Medicine 37 (1):81-93.
    The case of Alta Fixsler, where a judge ruled that withdrawing life sustaining care was in her best interest rather than transferring her to Israel, as her parents wanted, is the latest in a series of controversial paediatric best interest decisions. Using this case, as well as some other recent cases, I argue that the UK exhibits a high degree of medico-legal paternalism in best interest decisions, even though paternalism seems to be ubiquitously negatively perceived in medical ethics. Firstly, I (...)
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  15. El derecho al consentimiento informado del paciente. Una perspectiva iusfundamental.Noelia Martínez Doallo - 2021 - Granada, España: Comares.
    El consentimiento informado del paciente se inserta en el ámbito de su autonomía decisoria. Aunque presenta un sustrato corporal, este aparece combinado con elementos de índole moral que presuponen una noción concreta de persona como libre y autónoma. Tanto de las definiciones doctrinales como del material normativo se desprende que se trata de una posición jurídica subjetiva del paciente, alternativamente calificada como una “pretensión” o “derecho subjetivo en sentido estricto”, en términos hohfeldianos; un “derecho negativo de defensa”, o una “inmunidad”. (...)
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  16. The Sabermetrics of State Medical School Admissions.Stephen Kershnar - 2021 - International Journal of Applied Philosophy 35 (1):45-63.
    In this paper, I argue that medical school admissions should be limited to statistically relevant factors. My argument rests primarily on three assumptions. A state professional school should maximize production. If a state professional school should maximize production, then it should maximize production per student. If a state professional school should maximize production per student, then, within the optimum budget, a state medical school should maximize quality-adjusted medical services per graduate. I put forth a tentative equation for ranking applicants as (...)
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  17. Safeguarding Vulnerable Autonomy? Situational Vulnerability, The Inherent Jurisdiction and Insights From Feminist Philosophy.Jonathan Lewis - 2021 - Medical Law Review 29 (2):306-336.
    The High Court continues to exercise its inherent jurisdiction to make declarations about interventions into the lives of situationally vulnerable adults with mental capacity. In light of protective responses of health care providers and the courts to decision-making situations involving capacitous vulnerable adults, this paper has two aims. The first is diagnostic. The second is normative. The first aim is to identify the harms to a capacitous vulnerable adult’s autonomy that arise on the basis of the characterisation of situational vulnerability (...)
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  18. Capturing and Promoting the Autonomy of Capacitous Vulnerable Adults.Jonathan Lewis - 2021 - Journal of Medical Ethics 47 (12):e21.
    According to the High Court in England and Wales, the primary purpose of legal interventions into the lives of vulnerable adults with mental capacity should be to allow the individuals concerned to regain their autonomy of decision making. However, recent cases of clinical decision making involving capacitous vulnerable adults have shown that, when it comes to medical law, medical ethics and clinical practice, vulnerability is typically conceived as opposed to autonomy. The first aim of this paper is to detail the (...)
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  19. European and Comparative Law Study Regarding Family’s Legal Role in Deceased Organ Procurement.Marina Morla-González, Clara Moya-Guillem, Janet Delgado & Alberto Molina-Pérez - 2021 - Revista General de Derecho Público Comparado 29.
    Several European countries are approving legislative reforms moving to a presumed consent system in order to increase organ donation rates. Nevertheless, irrespective of the consent system in force, family's decisional capacity probably causes a greater impact on such rates. In this contribution we have developed a systematic methodology in order to analyse and compare European organ procurement laws, and we clarify the weight given by each European law to relatives' decisional capacity over individual's preferences (expressed or not while alive) regarding (...)
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  20. La confiscación de órganos a la luz del derecho constitucional a la protección de la salud.Clara Moya-Guillem, David Rodríguez-Arias, Marina Morla, Íñigo de Miguel, Alberto Molina-Pérez & Iván Ortega-Deballon - 2021 - Revista Española de Derecho Constitucional 122:183-213.
    This paper analyses the arguments for and against what we have called automatic organ procurement model in relation to the organs of the deceased. For this purpose, this work provides empirical evidence to assess the potential impact of this model on donation rates and on public opinion. Specifically, we examine first the reasons supporting this model, with special reference to utilitarian and justice arguments. On the other hand, we analyse both the approaches based on the violation of pre mortem and (...)
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  21. Normative Framework of Informed Consent in Clinical Research in Germany, Poland, and Russia.Marcin Orzechowski, Katarzyna Woniak, Cristian Timmermann & Florian Steger - 2021 - BMC Medical Ethics 22 (1):1-10.
    Background: Biomedical research nowadays is increasingly carried out in multinational and multicenter settings. Due to disparate national regulations on various ethical aspects, such as informed consent, there is the risk of ethical compromises when involving human subjects in research. Although the Declaration of Helsinki is the point of reference for ethical conduct of research on humans, national normative requirements may diverge from its provisions. The aim of this research is to examine requirements on informed consent in biomedical research in Germany, (...)
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  22. Allocating Medicine Fairly in an Unfair Pandemic.Govind Persad - 2021 - University of Illinois Law Review 2021 (3):1085-1134.
    America’s COVID-19 pandemic has both devastated and disparately harmed minority communities. How can the allocation of scarce treatments for COVID-19 and similar public health threats fairly and legally respond to these racial disparities? Some have proposed that members of racial groups who have been especially hard-hit by the pandemic should receive priority for scarce treatments. Others have worried that this prioritization misidentifies racial disparities as reflecting biological differences rather than structural racism, or that it will generate mistrust among groups who (...)
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  23. Prioritizing the Prevention of Early Deaths During Covid‐19.Govind Persad - 2021 - Hastings Center Report 51 (2):42-43.
    In this Correspondence, I argue that given that scarcity has existed both for critical care resources and for vaccines, allocating critical care resources to prioritize the prevention of early COVID-19 deaths (i.e. COVID-19 deaths among younger patients) could valuably counterbalance the disproportionate exclusion of minority patients and those with life shortening disabilities that age-based vaccine allocation produces. -/- Covid-19 deaths early in life have overwhelmingly befallen minorities and people with life-shortening disabilities. Policies preventing early deaths prevent an outcome widely recognized (...)
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  24. Tailoring Public Health Policies.Govind Persad - 2021 - American Journal of Law and Medicine 47 (2-3):176–204.
    In an effort to contain the spread of COVID-19, many states and countries have adopted public health restrictions on activities previously considered commonplace: crossing state borders, eating indoors, gathering together, and even leaving one’s home. These policies often focus on specific activities or groups, rather than imposing the same limits across the board. In this Article, I consider the law and ethics of these policies, which I call tailored policies. In Part II, I identify two types of tailored policies--activity-based and (...)
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  25. Off-Label Prescription of COVID-19 Vaccines in Children: Clinical, Ethical, and Legal Issues.Govind Persad, Holly Fernandez Lynch & Patricia J. Zettler - 2021 - Pediatrics 2021:e2021054578.
    We argue that the universal recommendations against “off-label” pediatric use of approved COVID-19 issued by the FDA, CDC, and AAP are overbroad. Especially for higher-risk children, vaccination can be ethically justified even before FDA authorization or approval – and similar reasoning is relevant for even younger patients. Legal risks can also be managed, although the FDA, CDC, and Department of Health and Human Services (HHS) should move quickly to provide clarity.
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  26. Rehabilitating Blame.Samuel Reis-Dennis - 2021 - In Fritz Allhoff & Sandra Bordan (eds.), Ethics and Error in Medicine. New York, NY, USA: pp. 55-68.
    This chapter argues that adequately facing and responding to medical error requires making space for blame. In vindicating blame as a response to medical error, this essay does not advocate a return to a “bad apple” blame culture in which unlucky practitioners are unfairly scapegoated. It does, however, defend the targeted feeling and expression of angry, and even resentful, blaming attitudes toward health-care providers who make at least certain kinds of mistakes. The chapter makes the case that the angry and (...)
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  27. Governance Quality Indicators for Organ Procurement Policies.David Rodríguez-Arias, Alberto Molina-Pérez, Ivar R. Hannikainen, Janet Delgado, Benjamin Söchtig, Sabine Wöhlke & Silke Schicktanz - 2021 - PLoS ONE 16 (6):e0252686.
    Background Consent policies for post-mortem organ procurement (OP) vary throughout Europe, and yet no studies have empirically evaluated the ethical implications of contrasting consent models. To fill this gap, we introduce a novel indicator of governance quality based on the ideal of informed support, and examine national differences on this measure through a quantitative survey of OP policy informedness and preferences in seven European countries. -/- Methods Between 2017–2019, we conducted a convenience sample survey of students (n = 2006) in (...)
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  28. Overriding Adolescent Refusals of Treatment.Anthony Skelton, Lisa Forsberg & Isra Black - 2021 - Journal of Ethics and Social Philosophy 20 (3):221-247.
    Adolescents are routinely treated differently to adults, even when they possess similar capacities. In this article, we explore the justification for one case of differential treatment of adolescents. We attempt to make philosophical sense of the concurrent consents doctrine in law: adolescents found to have decision-making capacity have the power to consent to—and thereby, all else being equal, permit—their own medical treatment, but they lack the power always to refuse treatment and so render it impermissible. Other parties, that is, individuals (...)
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  29. Hyde Within the Boundaries of Mere Jekyll: Evil in Kant & Stevenson.Virgil W. Brower - 2020 - Polish Journal of Aesthetics 56 (1/2020):63-84.
    This essay experiments with Kant’s writings on rational religion distilled through the Strange Case of Dr Jekyll and Mr Hyde as canonical confrontations with primal problems of evil. It suggests boundaries between Stevenson’s characters and their occupations comparable to the those conflicted in the Kantian university, namely, law, medicine, theology, and philosophy (which makes a short anticipatory appearance in his earlier text on rational religion). With various faculties it investigates diffuse comprehensions—respectively, legal crime, biogenetic transmission, and original sin—of key ethical (...)
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  30. El consentimiento informado del paciente como derecho fundamental y como derecho subjetivo.Noelia Martínez Doallo - 2020 - Dissertation,
    El consentimiento informado del paciente se inserta en el ámbito de su autonomía decisoria. Aunque presenta un sustrato corporal, este aparece combinado con elementos de índole moral que presuponen una noción concreta de persona como libre y autónoma. Tanto de las definiciones doctrinales como del material normativo se desprende que se trata de una posición jurídica subjetiva del paciente, alternativamente calificada como una “pretensión” o “derecho subjetivo en sentido estricto”, en términos hohfeldianos; un “derecho negativo de defensa”, o una “inmunidad”. (...)
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  31. Medical Complicity and the Legitimacy of Practical Authority.Kenneth M. Ehrenberg - 2020 - Ethics, Medicine and Public Health 12.
    If medical complicity is understood as compliance with a directive to act against the professional's best medical judgment, the question arises whether it can ever be justified. This paper will trace the contours of what would legitimate a directive to act against a professional's best medical judgment (and in possible contravention of her oath) using Joseph Raz's service conception of authority. The service conception is useful for basing the legitimacy of authoritative directives on the ability of the putative authority to (...)
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  32. The Narrative Coherence Standard and Child Patients' Capacity to Consent.Gah-Kai Leung - 2020 - American Journal of Bioethics Neuroscience 11 (1):40-42.
    Aryeh Goldberg compellingly argues for a Narrative Coherence Standard (NCS) to bolster existing methods of assessing patients' mental capacity. But his account fails to distinguish between the cognitive abilities of children and adults; consequently, worries may be raised about the scope of the NCS, in particular when we consider child patients. In this article, I argue the NCS cannot plausibly apply to children. Since children's self-conception does not arrive fully formed — but rather is a product of both incomplete cognitive (...)
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  33. Getting Obligations Right: Autonomy and Shared Decision Making.Jonathan Lewis - 2020 - Journal of Applied Philosophy 37 (1):118-140.
    Shared Decision Making (‘SDM’) is one of the most significant developments in Western health care practices in recent years. Whereas traditional models of care operate on the basis of the physician as the primary medical decision maker, SDM requires patients to be supported to consider options in order to achieve informed preferences by mutually sharing the best available evidence. According to its proponents, SDM is the right way to interpret the clinician-patient relationship because it fulfils the ethical imperative of respecting (...)
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  34. The patient’s right to informed consent in the US Legal System. Genesis, development, foundations and brief questioning comparison with the Spanish model.Noelia Martinez-Doallo - 2020 - Derecho y Salud 30 (2):57-83.
    A legal analysis on the informed consent of the patient primarily requires considering the common law, regardless of solutions provided by the malpractice statutes and a promising constitutional protection route, despite the ascertainment of some preventable shortcomings. This paper aims to offer a comprehensive review on the genesis, advancement and basis of the U.S. legal protection of the informed consent in the healthcare extent, to afterwards carry out a brief comparative study with the Spanish regulation.
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  35. Respecting Disability Rights — Toward Improved Crisis Standards of Care.Michelle M. Mello, Govind Persad & Douglas B. White - 2020 - New England Journal of Medicine (5):DOI: 10.1056/NEJMp2011997.
    We propose six guideposts that states and hospitals should follow to respect disability rights when designing policies for the allocation of scarce, lifesaving medical treatments. Four relate to criteria for decisions. First, do not use categorical exclusions, especially ones based on disability or diagnosis. Second, do not use perceived quality of life. Third, use hospital survival and near-term prognosis (e.g., death expected within a few years despite treatment) but not long-term life expectancy. Fourth, when patients who use ventilators in their (...)
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  36. Disability Law and the Case for Evidence-Based Triage in a Pandemic.Govind Persad - 2020 - Yale Law Journal Forum 130:26-50.
    This Essay explains why model policies proposed or adopted in response to the COVID-19 pandemic that allocate scarce medical resources by using medical evidence to pursue two core goals—saving more lives and saving more years of life—are compatible and consonant with disability law. Disability law, properly understood, permits considering medical evidence about patients’ probability of surviving treatment and the quantity of scarce treatments they will likely use. It also permits prioritizing health workers, and considering patients’ post-treatment life expectancy. These factors, (...)
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  37. Traumatic Brain Injury with Personality Change: A Challenge to Mental Capacity Law in England and Wales.Demian Whiting - 2020 - Psychological Injury and Law 13 (1):11-18.
    It is well documented that people with moderate-to-severe traumatic brain injury (TBI) can undergo personality changes, including becoming more impulsive in terms of how they behave. Legal guidance and academic commentary support the view that impulsiveness can render someone decisionally incompetent as defined by English and Welsh law. However, impulsiveness is a trait found within the healthy population. Arguably, impulsiveness is also a trait that gives rise to behaviours that should normally be tolerated even when they cause harm to the (...)
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  38. Compensation for Cures: Paying People to Participate in Challenge Studies.Jonathan Anomaly & Julian Savulescu - 2019 - Bioethics 33 (7):792-797.
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  39. Protecting Reasonable Conscientious Refusals in Health Care.Jason T. Eberl - 2019 - Theoretical Medicine and Bioethics 40 (6):565-581.
    Recently, debate over whether health care providers should have a protected right to conscientiously refuse to offer legal health care services—such as abortion, elective sterilization, aid in dying, or treatments for transgender patients—has grown exponentially. I advance a modified compromise view that bases respect for claims of conscientious refusal to provide specific health care services on a publicly defensible rationale. This view requires health care providers who refuse such services to disclose their availability by other providers, as well as to (...)
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  40. Introduction: The Limits of Respect for Autonomy.David Kirchhoffer - 2019 - In David G. Kirchhoffer & Bernadette J. Richards (eds.), Beyond Autonomy: Limits and Alternatives to Informed Consent in Research Ethics and Law. Cambridge: pp. 1-14.
    This book makes an important contribution to ongoing efforts in the fields of medical law and bioethics to answer the challenges posed by the limitations of the principle of respect for autonomy, especially as these pertain to human research ethics. The principle of respect for autonomy seems to have become firmly embedded in human research ethics since its inclusion in the 1947 Nuremberg Code, which was a response to atrocities committed by Nazi doctors. Nonetheless, there is an increasing awareness of (...)
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  41. Introduction: The Limits of Respect for Autonomy.David G. Kirchhoffer - 2019 - In D. Kirchhoffer & B. Richards (eds.), Beyond Autonomy: Limits and Alternatives to Informed Consent in Research Ethics and Law. Cambridge:
    This book makes an important contribution to ongoing efforts in the fields of medical law and bioethics to answer the challenges posed by the limitations of the principle of respect for autonomy, especially as these pertain to human research ethics. The principle of respect for autonomy seems to have become firmly embedded in human research ethics since its inclusion in the 1947 Nuremberg Code, which was a response to atrocities committed by Nazi doctors. Nonetheless, there is an increasing awareness of (...)
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  42. Dignity, Being and Becoming in Research Ethics.David G. Kirchhoffer - 2019 - In D. Kirchhoffer & B. Richards (eds.), Beyond Autonomy: Limits and Alternatives to Informed Consent in Research Ethics and Law. Cambridge:
    Since the end of World War II, most guidelines governing human research seem to have relied on the principle of respect for autonomy as a key, though not sole, criterion in assessing the moral validity of research involving human participants.1 One explanation for this apparent reliance on respect for autonomy may be that respect for autonomy, made effective through the practice of obtaining informed consent, functions as a useful proxy when dealing with competent adults for the more complex principle of (...)
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  43. Beneficence in Research Ethics.David G. Kirchhoffer, C. Favor & C. Cordner - 2019 - In D. Kirchhoffer & B. Richards (eds.), Beyond Autonomy: Limits and Alternatives to Informed Consent in Research Ethics and Law. Cambridge:
    This chapter examines the explicit and implicit roles that the concept of beneficence plays in the guidelines that govern biomedical research involving humans. We suggest that the role beneficence is actually playing in the guidelines is more comprehensive than is commonly assumed. The broader conceptualisation of beneficence proposed here clarifies the relationship of beneficence to respect for autonomy. It does this by showing how respect for autonomy is at the service of beneficence rather than in tension with it.
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  44. Beyond Autonomy: Limits and Alternatives to Informed Consent in Research Ethics and Law.David G. Kirchhoffer & Bernadette J. Richards (eds.) - 2019 - Cambridge: Cambridge University Press.
    Respect for autonomy has become a fundamental principle in human research ethics. Nonetheless, this principle and the associated process of obtaining informed consent do have limitations. This can lead to some groups, many of them vulnerable, being left understudied. This book considers these limitations and contributes through legal and philosophical analyses to the search for viable approaches to human research ethics. It explores the limitations of respect for autonomy and informed consent both in law and through the examination of cases (...)
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  45. 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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  46. "Common Arguments About Abortion" and "Better (Philosophical) Arguments About Abortion".Nathan Nobis & Kristina Grob - 2019 - Introduction to Ethics: An Open Educational Resource.
    Two chapters -- "Common Arguments about Abortion" and "Better (Philosophical) Arguments About Abortion" -- in one file, from the open access textbook "Introduction to Ethics: An Open Educational Resource" edited by Noah Levin. -/- Adults, children and babies are arguably wrong to kill, fundamentally, because we are conscious, aware and have feelings. Since early fetuses entirely lack these characteristics, we argue that they are not inherently wrong to kill and so most abortions are not morally wrong, since most abortions are (...)
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  47. Reasonable Parental and Medical Obligations in Pediatric Extraordinary Therapy.Michal Pruski & Nathan K. Gamble - 2019 - The Linacre Quarterly 86 (2-3):198-206.
    The English cases of Charlie Gard and Alfie Evans involved a conflict between the desires of their parents to preserve their children’s lives and judgments of their medical teams in pursuit of clinically appropriate therapy. The treatment the children required was clearly extraordinary, including a wide array of advanced life-sustaining technological support. The cases exemplify a clash of worldviews rooted in different philosophies of life and medical care. The article highlights the differing perspectives on parental authority in medical care in (...)
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  48. Challenging the ‘Born Alive’ Threshold: Fetal Surgery, Artificial Wombs, and the English Approach to Legal Personhood.Elizabeth Chloe Romanis - 2019 - Medical Law Review.
    English law is unambiguous that legal personality, and with it all legal rights and protections, is assigned at birth. This rule is regarded as a bright line that is easily and consistently applied. The time has come, however, for the rule to be revisited. This article demonstrates that advances in fetal surgery and (anticipated) artificial wombs do not marry with traditional conceptions of birth and being alive in law. These technologies introduce the possibility of ex utero gestation, and/or temporary existence (...)
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  49. The Epistemology of Medical Error in an Intersectional World.Devora Shapiro - 2019 - In Fritz Allhoff & Sandra L. Borden (eds.), Ethics and Error in Medicine.
    In this chapter I explicate and evaluate the concept of medical error. Unlike standard philosophical approaches to analyzing medical phenom- ena in the abstract, I instead address medical error specifi cally within the context of an embodied social world. I illustrate how, as a deeply contex- tual concept, medical error is inextricably tied to the social conditions— and concrete, powerful interests—of the particulars in which it is found. -/- I begin with an analysis that demonstrates the relational quality of medi- (...)
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  50. Nation, Narration, and Health in Mohamedou Ould Slahi’s Guantánamo Diary.Neil Krishan Aggarwal - 2018 - Journal of Medical Humanities 39 (3):263-273.
    Scholars have mostly analyzed information from mental health practitioners, attorneys, and institutions to critique mental health practices in the War on Terror. These sources offer limited insights into the suffering of detainees. Detainee accounts provide novel information based on their experiences at Guantánamo. Mohamedou Ould Slahi’s Guantánamo Diary is the only text from a current detainee that provides a first-person account of his interrogations and interactions with health professionals. Despite being advertised as a diary, however, it has undergone redaction from (...)
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