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Pediatric Ethics Committees: Ethical Advisers or Legal Watchdogs?

Published online by Cambridge University Press:  28 April 2021

Extract

Over the past ten years or so, an increasing number of health care institutions have established institutional ethics committees (IECs) for the purposes of education, policy making, and review of cases. Proponents of IECs view them as important interdisciplinary mechanisms that improve decision making in the complex cases that sometimes arise in clinical medicine. Critics of IECs tend to interpret them as threats to the autonomy of physicians and an unnecessary bureaucratization of decision making. In spite of these criticisms, IECs seem to have filled an important role in many institutions and have a reasonably secure future.

Type
Article
Copyright
Copyright © American Society of Law, Medicine and Ethics 1987

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References

Veatch, R, Choosing not to prolong dying, Medical Dimensions, December 1972: 10.Google Scholar
Teel, K, The physician's dilemma—A doctor's view: What the law should be, Baylor Law Review 1975, 27: 69.Google ScholarPubMed
In re Quinlan, 355 A.2d 647, 669 (N.J. 1976).Google Scholar
See three articles in Cranford, RE, Doudera, AE, eds., Institutional ethics committees and health care decision making, Ann Arbor: Health Administration Press, 1984: Annas, GJ, Legal aspects of ethics committees, 56; Robertson, JA, Committees as decision makers: Alternative structures and responsibilities, 86; and Capron, AM, Decision review: A problematic task, 178.Google Scholar
McIntyre, RL, Buchalter, DN, Institutional committees: The New Jersey experience, in Cranford, , Doudera, , supra note 4, at 106–17.Google Scholar
In re Colyer, 660 P.2d 738, 749–50 (Wash. 1983).Google Scholar
Robertson, JA, Fost, N, Passive euthanasia of defective newborn infants: Legal considerations, Journal of Pediatrics 1976, 88: 883–89.Google ScholarPubMed
Ramsey, P, Ethics at the edges of life, New Haven: Yale University Press, 1978; and Childress, JF, Who should decide?, New York: Oxford University Press, 1982.Google Scholar
Bridge, P, Bridge, M, The brief life and death of Christopher Bridge, Hastings Center Report 1981, 11: 19.Google ScholarPubMed
President's Commission for the Study of Ethical Problems in Medicine, Deciding to forego life-sustaining treatment, Washington, D.C.: U.S. Government Printing Office, 1983: 227. As it happened, I was making recommendations for an NICU ethics committee at the same time the commission report was being written. For a comparison with the report, see my suggestions for NICU ethics committees in Weir, R, Selective nontreatment of handicapped newborns, New York: Oxford University Press, 1984: 253–71.Google Scholar
See, A proposal for an ethics committee, Hastings Center Report, 1983, 13: 67. This proposal was published in revised form a year later. See Infant Bioethics Task Force and Consultants, Guidelines for infant bioethics committees, Pediatrics 1984, 74: 306-10. In the published form, the proposal changed (1) the name of the committee by dropping “Review” from the title of the committee, (2) the recommended “core” committee member list (a lawyer was added, a second disability expert was added, and a “person trained in ethics or philosophy” was added to go along with a member of the clergy), and (3) the recommended functions (by expanding on the committee's consultative role).Google Scholar
Statement made by Koop, Everett M.D., at the “Coping with Baby Doe” conference, Milwaukee, Wisconsin, August 10–11, 1984.Google Scholar
For a discussion of this ethical position, see Weir, supra note 10, at 146–52.Google Scholar
Federal Register, April 15, 1985: 14888.Google Scholar
Id.: 14894.Google Scholar
Moskop, JC, Saldanha, RL, The Baby Doe rule: Still a threat, Hastings Center Report 1984, 16: 10.Google Scholar
Federal Register, April 15, 1985: 14897 (emphasis added).Google Scholar
Robertson, JA, Involuntary euthanasia of defective newborns: A legal analysis, Stanford Law Review 1975, 27: 213–69.Google ScholarPubMed
Feldman, E, Murray, TH, State legislation and the handicapped newborn: A moral and political dilemma. Law, Medicine & Health Care 1984, 12: 156–63.Google ScholarPubMed
Id.: 157–60.Google Scholar
Denton, J, Newborn Infant Protection Act, in 1983–1984 sourcebook of state legislation, Washington, D.C.: American Legislative Exchange Council, 1983: 81.Google Scholar
House Bill 1133, as amended by Senate, Oklahoma Legislature (1984).Google Scholar
McCormick, RA, Ethics committees: Promise or peril?, Law, Medicine & Health Care 1984, 12: 154.Google ScholarPubMed
Kliegman, R, Mahowald, MB, Youngner, SJ, In our best interests: Experience and workings of an ethics review committee, Journal of Pediatrics 1986, 108: 186.Google Scholar
Quoted by John Paris in a panel discussion in Cranford and Doudera, supra note 4, at 230.Google Scholar
Infant Bioethics Task Force, supra note 11, at 310.Google Scholar