31 found
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  1. Reframing Consent for Clinical Research: A Function-Based Approach.Scott Y. H. Kim, David Wendler, Kevin P. Weinfurt, Robert Silbergleit, Rebecca D. Pentz, Franklin G. Miller, Bernard Lo, Steven Joffe, Christine Grady, Sara F. Goldkind, Nir Eyal & Neal W. Dickert - 2017 - American Journal of Bioethics 17 (12):3-11.
    Although informed consent is important in clinical research, questions persist regarding when it is necessary, what it requires, and how it should be obtained. The standard view in research ethics is that the function of informed consent is to respect individual autonomy. However, consent processes are multidimensional and serve other ethical functions as well. These functions deserve particular attention when barriers to consent exist. We argue that consent serves seven ethically important and conceptually distinct functions. The first four functions pertain (...)
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  2. Advance euthanasia directives: a controversial case and its ethical implications.David Gibbes Miller, Rebecca Dresser & Scott Y. H. Kim - 2019 - Journal of Medical Ethics 45 (2):84-89.
    Authorising euthanasia and assisted suicide with advance euthanasia directives is permitted, yet debated, in the Netherlands. We focus on a recent controversial case in which a Dutch woman with Alzheimer’s disease was euthanised based on her AED. A Dutch euthanasia review committee found that the physician performing the euthanasia failed to follow due care requirements for euthanasia and assisted suicide. This case is notable because it is the first case to trigger a criminal investigation since the 2002 Dutch euthanasia law (...)
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  3.  42
    The Unstable Boundary of Suffering-Based Euthanasia Regimes.Scott Y. H. Kim - 2022 - American Journal of Bioethics 22 (2):59-62.
    Florijn’s helpful discussion of the Heringa case illustrates the difficulties in drawing a boundary on eligibility conditions for EAS. In Heringa, the Dutch Supreme Court reaffirmed...
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  4.  33
    Risk‐Sensitive Assessment of Decision‐Making Capacity: A Comprehensive Defense.Scott Y. H. Kim & Noah C. Berens - 2023 - Hastings Center Report 53 (4):30-43.
    Should the assessment of decision‐making capacity (DMC) be risk sensitive, that is, should the threshold for DMC vary with risk? The debate over this question is now nearly five decades old. To many, the idea that DMC assessments should be risk sensitive is intuitive and commonsense. To others, the idea is paternalistic or incoherent, or both; they argue that the riskiness of a given decision should increase the epistemic scrutiny in the evaluation of DMC, not increase the threshold for DMC. (...)
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  5.  23
    Ways of Debating Assisted Suicide and Euthanasia: Implications for Psychiatry.Scott Y. H. Kim - 2021 - Perspectives in Biology and Medicine 64 (1):29-43.
  6.  31
    Canadian Medical Assistance in Dying and the Hegemony of Privilege.Scott Y. H. Kim - 2023 - American Journal of Bioethics 23 (11):1-6.
    By the time this essay is published, it will be a matter of weeks before doctors and nurse practitioners in Canada can legally end the lives (by medical assistance in dying, or MAID) of non-dying p...
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  7.  46
    An Approach to Evaluating Therapeutic Misconception.Scott Y. H. Kim, Lauren Schrock, Renee M. Wilson, Samuel A. Frank, Robert G. Holloway, Karl Kieburtz & Raymond G. De Vries - 2009 - IRB: Ethics & Human Research 31 (5):7.
    Subjects enrolled in studies testing high risk interventions for incurable or progressive brain diseases may be vulnerable to deficiencies in informed consent, such as the therapeutic misconception. However, the definition and measurement of the therapeutic misconception is a subject of continuing debate. Our qualitative pilot study of persons enrolled in a phase I trial of gene transfer for Parkinson disease suggests potential avenues for both measuring and preventing the therapeutic misconception. Building on earlier literature on the topic, we developed and (...)
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  8.  54
    Are therapeutic motivation and having one's own doctor as researcher sources of therapeutic misconception?Scott Y. H. Kim, Raymond De Vries, Sonali Parnami, Renee Wilson, H. Myra Kim, Samuel Frank, Robert G. Holloway & Karl Kieburtz - 2015 - Journal of Medical Ethics 41 (5):391-397.
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  9.  29
    What Does True Equality in Assisted Dying Require?Scott Y. H. Kim - 2023 - American Journal of Bioethics 23 (9):1-4.
    Shavelson et al. (2023) raise the familiar question of parity or fairness in the assisted dying1 debate: if we legally permit the practice for one person, should we not permit everyone similarly si...
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  10.  46
    Improving Medical Decisions for Incapacitated Persons: Does Focusing on “Accurate Predictions” Lead to an Inaccurate Picture?Scott Y. H. Kim - 2014 - Journal of Medicine and Philosophy 39 (2):187-195.
    The Patient Preference Predictor (PPP) proposal places a high priority on the accuracy of predicting patients’ preferences and finds the performance of surrogates inadequate. However, the quest to develop a highly accurate, individualized statistical model has significant obstacles. First, it will be impossible to validate the PPP beyond the limit imposed by 60%–80% reliability of people’s preferences for future medical decisions—a figure no better than the known average accuracy of surrogates. Second, evidence supports the view that a sizable minority of (...)
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  11.  50
    The moral concerns of biobank donors: the effect of non-welfare interests on willingness to donate.Raymond G. De Vries, Tom Tomlinson, H. Myra Kim, Chris D. Krenz, Kerry A. Ryan, Nicole Lehpamer & Scott Y. H. Kim - 2016 - Life Sciences, Society and Policy 12 (1):1-15.
    Donors to biobanks are typically asked to give blanket consent, allowing their donation to be used in any research authorized by the biobank. This type of consent ignores the evidence that some donors have moral, religious, or cultural concerns about the future uses of their donations – concerns we call “non-welfare interests”. The nature of non-welfare interests and their effect on willingness to donate to a biobank is not well understood. In order to better undersand the influence of non-welfare interests, (...)
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  12.  39
    Are patients with amyotrophic lateral sclerosis at risk of a therapeutic misconception?Scott Y. H. Kim, Renee Wilson, Raymond De Vries, Kerry A. Ryan, Robert G. Holloway & Karl Kieburtz - 2016 - Journal of Medical Ethics 42 (8):514-518.
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  13.  31
    Parity Arguments for ‘Physician Aid-in-Dying’ (PAD) for Psychiatric Disorders: Their Structure and Limits.Scott Y. H. Kim, Chris Gastmans & Marie E. Nicolini - 2019 - American Journal of Bioethics 19 (10):3-7.
    Volume 19, Issue 10, October 2019, Page 3-7.
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  14.  16
    What Research Ethics (Often) Gets Wrong about Minimal Risk.Patrick Bodilly Kane, Scott Y. H. Kim & Jonathan Kimmelman - 2020 - American Journal of Bioethics 20 (1):42-44.
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  15.  18
    Broad concepts and messy realities: optimising the application of mental capacity criteria.Scott Y. H. Kim, Nuala B. Kane, Alexander Ruck Keene & Gareth S. Owen - 2022 - Journal of Medical Ethics 48 (11):838-844.
    Most jurisdictions require that a mental capacity assessment be conducted using a functional model whose definition includes several abilities. In England and Wales and in increasing number of countries, the law requires a person be able to understand, to retain, to use or weigh relevant information and to communicate one’s decision. But interpreting and applying broad and vague criteria, such as the ability ‘to use or weigh’ to a diverse range of presentations is challenging. By examining actual court judgements of (...)
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  16.  37
    Understanding the ‘therapeutic misconception’ from the research participant’s perspective.Scott Y. H. Kim, Raymond De Vries, Robert G. Holloway & Karl Kieburtz - 2016 - Journal of Medical Ethics 42 (8):522-523.
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  17.  52
    Response to: ‘Dementia and advance directives: some empirical and normative concerns’ by Jongsma et al.Scott Y. H. Kim, David Gibbes Miller & Rebecca Dresser - 2019 - Journal of Medical Ethics 45 (2):95-96.
    We are grateful to Jongsma et al 1 for their interest in our article analysing the case of ‘Mrs A’, a Dutch woman with Alzheimer’s disease who received euthanasia based on her advance euthanasia directive.2 Their commentary criticises two elements of our analysis. First, the authors believe our reasons for doubting that Mrs A had the capacity to write and revise an AED rely on ‘partial’ empirical data and rest on normative errors. Second, they use two of our statements to (...)
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  18.  39
    Trust in early phase research: therapeutic optimism and protective pessimism.Scott Y. H. Kim, Robert G. Holloway, Samuel Frank, Renee Wilson & Karl Kieburtz - 2008 - Medicine, Health Care and Philosophy 11 (4):393-401.
    Bioethicists have long been concerned that seriously ill patients entering early phase (‘phase I’) treatment trials are motivated by therapeutic benefit even though the likelihood of benefit is low. In spite of these concerns, consent forms for phase I studies involving seriously ill patients generally employ indeterminate benefit statements rather than unambiguous statements of unlikely benefit. This seeming mismatch between attitudes and actions suggests a need to better understand research ethics committee members’ attitudes toward communication of potential benefits and risks (...)
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  19.  31
    What Is Good Public Deliberation?Susan Dorr Goold, Michael A. Neblo, Scott Y. H. Kim, Raymond de Vries, Gene Rowe & Peter Muhlberger - 2012 - Hastings Center Report 42 (2):24-26.
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  20.  55
    Clinical Trials Without Consent?Scott Y. H. Kim - 2016 - Perspectives in Biology and Medicine 59 (1):132-146.
    The routine practice of clinical research involving patient-subjects without informed consent prior to 1966 unquestionably was unethical. Does it follow that all clinical research involving competent adult patient-subjects is unethical without informed consent?In his landmark 1966 paper, Henry Beecher noted that of the 50 example studies he had originally compiled in preparation for that paper, only two even mentioned consent, and he observed further that mention of consent is “meaningless unless one knows how fully the patient was informed”. Some of (...)
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  21.  46
    The Sham Surgery Debate and the Moral Complexity of Risk-Benefit Analysis.Scott Y. H. Kim - 2003 - American Journal of Bioethics 3 (4):68-70.
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  22.  27
    Questioning our presumptions about the presumption of capacity.Isabel Marie Astrachan, Alexander Ruck Keene & Scott Y. H. Kim - 2024 - Journal of Medical Ethics 50 (7):471-475.
    All contemporary frameworks of mental capacity stipulate that we must begin from the presumption that an adult has capacity. This presumption is crucial, as it manifests respect for autonomy and guards against prejudice and paternalism on the part of the evaluator. Given its ubiquity, we might presume that we all understand the presumption’s meaning and application in the same way. Evidence demonstrates that this is not the case and that this has led to harm in vulnerable persons. There is thus (...)
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  23.  23
    Expert Views on Medical Involvement in the Swiss Assisted Dying Practice: “We Want to Have Our Cake and Eat It Too”?Christina Nyquist, Raphael Cohen-Almagor & Scott Y. H. Kim - 2024 - AJOB Empirical Bioethics 15 (1):41-59.
    Background Most jurisdictions that allow euthanasia and assisted suicide (AS) regulate it through the medical profession. However, the extent and nature of how medicine should be involved are debated. Swiss AS practice is unusual in that it is managed by lay AS organizations that rely on a law that permits AS when done for nonselfish reasons. Physicians are not mentioned in the law but are usually called upon to prescribe the lethal medications and perform capacity evaluations.Methods We analyzed in-depth interviews (...)
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  24.  24
    Understanding people’s ‘unrealistic optimism’ about clinical research participation.Hae Lin Cho, David Gibbes Miller & Scott Y. H. Kim - 2020 - Journal of Medical Ethics 46 (3):172-177.
    BackgroundResearchers worry that patients in early-phase research experience unrealistic optimism about benefits and risks of participation. The standard measure of unrealistic optimism is the Comparative Risk/Benefit Assessment questionnaire, which asks people to estimate their chances of an outcome relative to others in similar situations. Such a comparative framework may not be a natural way for research participants to think about their chances.ObjectiveTo examine how people interpret questions measuring unrealistic optimism and how their interpretations are associated with their responses.MethodsUsing an early-phase (...)
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  25.  51
    Autonomy and the Relational Self.Scott Y. H. Kim - 2013 - Philosophy, Psychiatry, and Psychology 20 (2):183-185.
  26.  27
    A new kind of paternalism in surrogate decision-making? The case of Barnsley Hospitals NHS Foundation Trust v MSP.Scott Y. H. Kim & Alexander Ruck Keene - 2021 - Journal of Medical Ethics 47 (12):e81-e81.
    The modern legal and ethical movement against traditional welfare paternalism in medical decision-making extends to how decisions are made for patients lacking decisional capacity, prioritising surrogates’ judgment about what patients would have decided over even their best interests. In England and Wales, the Mental Capacity Act 2005 follows this trend of prioritising the patient’s prior wishes, values and beliefs but the dominant interpretation in life-sustaining treatment cases does so by in effect calling those values the ‘best interests’ of the patient (...)
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  27.  13
    Commentary : financial conflicts of interest and the identity of academic medicine.Scott Y. H. Kim - 2005 - In Don A. Moore (ed.), Conflicts of interest: challenges and solutions in business, law, medicine, and public policy. New York: Cambridge University Press.
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  28.  25
    Is this person with dementia (currently) competent to request euthanasia? A complicated and underexplored question.Scott Y. H. Kim, Dominic Mangino & Marie Nicolini - 2021 - Journal of Medical Ethics 47 (12):e41-e41.
    In euthanasia and/or assisted suicide of persons with dementia, the controversy has mostly focused on decisionally incapable persons with very advanced dementia for whom the procedure must be based on a written advance euthanasia directive. This focus on advance euthanasia directive-based EAS has been accompanied by scant attention to the issue of decision-making capacity assessment of persons with dementia who are being evaluated for concurrent request EAS. We build on a previous analysis of concurrent request EAS cases from the Netherlands, (...)
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  29.  54
    Personal Care in Learning Health Care Systems.Franklin G. Miller & Scott Y. H. Kim - 2015 - Kennedy Institute of Ethics Journal 25 (4):419-435.
    The “learning health care system” is being heralded as offering great potential for improving the quality and cost-worthiness of medical care by closely integrating the care of patients with the accumulation of aggregate data that can guide evidence-based medicine. By using electronic medical records, routine patient care and administrative data will be available for systematic observational studies. With the aid of these electronic medical records, quality-improvement studies of institutional practices and pragmatic, comparative effectiveness randomized trials of individual treatments could become (...)
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  30.  33
    Risks of Clinical Research Must Be Reasonable and Necessary.Scott Y. H. Kim & D. Gibbes Miller - 2017 - American Journal of Bioethics 17 (10):79-81.
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  31.  36
    Bioethics and the sociology of trust: introduction to the theme. [REVIEW]Raymond G. De Vries & Scott Y. H. Kim - 2008 - Medicine, Health Care and Philosophy 11 (4):377-379.
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