Rarely do ethics consults focus on genuine moral puzzlement in which people collectively wonder what is the right thing to do. Far more often, consults are about conflict. Each side knows quite well what is “right.” The problem is that the other side is too blind or stubborn to recognize it. And so the ethics consultant is called, perhaps in the hope that s/he will throw the weight of ethics toward one side and end the controversy so everyone can get (...) on with other business. Perhaps the greater problem in these scenarios is that even if one side “wins” by gaining the power to dictate what happens next, the toxicity permeating the relationships often markedly worsens and other conflicts erupt, major and minor. (shrink)

In the principles of informed consent we state that each person ought to be free to make his or her own decisions regarding his or her life and health — provided that he or she is mentally competent to do so. Here, the concept of competence plays a crucial role. Where one is competent our moral goal is to promote his or her freedom; if he or she is not, our priority must be to protect and help him or her. (...) In this paper I discuss three different notions of patient competence. The first, rational competence, concerns the basic ability to make a decision. The second, performance competence, concerns one's ability to make decisions and perform skills in ways that measure up to certain external standards. The third, reflective competence, concerns one's ability to identify and critically to scrutinize one's own values — one's ability, that is, to formulate and to evaluate one's own internal standards of decision and action. This richer analysis of the concept of competence enables us to formulate more precisely the moral difficulties we face when competence is impaired. (shrink)

The American Journal of Bioethics, Volume 12, Issue 3, Page 1-3, March 2012.

Fiester and Yuan (2023) address an important, hitherto underdiscussed issue: ethical hazards of behavior contracts linked to patients’ and families’ demeanor in interacting with the healthcare team...