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Healthcare Decision-Making and the Law

Author: Mary Donnelly

Publisher: Cambridge University Press

Published: 2010-11-18

Total Pages: 345

ISBN-13: 1139491849

This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focusing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.

Responsibility in Health Care

Author: G.J. Agich

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 294

ISBN-13: 9400978316

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Medicine is a complex social institution which includes biomedical research, clinical practice, and the administration and organization of health care delivery. As such, it is amenable to analysis from a number of disciplines and directions. The present volume is composed of revised papers on the theme of "Responsibility in Health Care" presented at the Eleventh Trans Disciplinary Symposium on Philosophy and Medicine, which was held in Springfield, illinois on March 16-18, 1981. The collective focus of these essays is the clinical practice of medicine and the themes and issues related to questions of responsibility in that setting. Responsibility has three related dimensions which make it a suitable theme for an inquiry into clinical medicine: (a) an external dimension in legal and political analysis in which the State imposes penalties on individuals and groups and in which officials and governments are held accountable for policies; (b) an internal dimension in moral and ethical analysis in which individuals take into account the consequences of their actions and the criteria which bear upon their choices; and (c) a comprehensive dimension in social and cultural analysis in which values are ordered in the structure of a civilization ([8], p. 5). The title "Responsibility in Health Care" thus signifies a broad inquiry not only into the ethics of individual character and actions, but the moral foundations of the cultural, legal, political, and social context of health care generally.

Respecting Patient Autonomy

Author: Benjamin Horowitz Levi

Publisher: University of Illinois Press

Published: 1999

Total Pages: 240

ISBN-13: 9780252067495

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Shows how dialogue between patients and health care providers can clarify both medical and ethical issues, promoting patient autonomy and advancing health care. Addresses fundamental questions about how medical decisions should be reached, by framing health care issues and decisions in terms of the values and goals they promote. Explores the relationship between patients and health care providers using real clinical situations.

Theories of the Self and Autonomy in Medical Ethics

Author: Michael Kühler

Publisher: Springer Nature

Published: 2020-09-29

Total Pages: 218

ISBN-13: 3030567036

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This book engages in a critical discussion on how to respect and promote patients’ autonomy in difficult cases such as palliative care and end-of-life decisions. These cases pose specific epistemic, normative, and practical problems, and the book elucidates the connection between the practical implications of the theoretical debate on respecting autonomy, on the one hand, and specific questions and challenges that arise in medical practice, on the other hand. Given that the idea of personal autonomy includes the notion of authenticity as one of its core components, the book explicitly includes discussions on underlying theories of the self. In doing so, it brings together original contributions and novel insights for “applied” scenarios based on interdisciplinary collaboration between German and Serbian scholars from philosophy, sociology, and law. It is of benefit to anyone cherishing autonomy in medical ethics and medical practice.

The Practice of Autonomy

Author: Carl Schneider

Publisher: Oxford University Press, USA

Published: 1998

Total Pages: 346

ISBN-13: 9780195113976

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"Exploring what patients do want gives direction to the author's inquiry into what they should want. What patients want, he believes, is properly more complex and ambiguous than being "empowered." In this book he charts that ambiguity to take the autonomy principle past current pieties into the uncertain realities of the sick room and the hospital ward." "The Practice of Autonomy is a sympathetic but trenchant study of the animating principle of modern bioethics. It speaks with freshness, insight, and even passion to bioethicists and moral philosophers (about their theories), to lawyers (about their methods), to medical sociologists (about their subject), to policy-makers (about their ambitions), to doctors (about their work), and to patients (about their lives)."--BOOK JACKET.

Autonomy and Patients' Decisions

Author: Merle Spriggs

Publisher: Lexington Books

Published: 2005

Total Pages: 296

ISBN-13: 9780739109182

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Patient autonomy is an important concept in the clinical context, but the idea in contemporary bioethics discussions is often muddled. By looking closely at the ideas of Rosseau, Kant, and Mill, Autonomy and Patients' Decisions traces the modern concept of autonomy from its historical roots. Charting the changes in notions of autonomy in Beauchamp and Childress's seminal Principles of Biomedical Ethics to provide an overview of how autonomy has been viewed in the field, Merle Spriggs then identifies the four distinct notions of autonomy being referred to in contemporary discussion. The examination of these notions, especially the "descriptive psychological" account, in relation to case studies provides a clear concept of autonomy, compatible with both consequentialist and rights-based theories of ethics. This book provides a clear understanding of patient autonomy and will prove essential reading for health care professionals, bioethicsts, and philosophers.

Relational Autonomy

Author: Catriona Mackenzie

Publisher: Oxford University Press

Published: 2000-01-27

Total Pages: 327

ISBN-13: 0195352602

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This collection of original essays explores the social and relational dimensions of individual autonomy. Rejecting the feminist charge that autonomy is inherently masculinist, the contributors draw on feminist critiques of autonomy to challenge and enrich contemporary philosophical debates about agency, identity, and moral responsibility. The essays analyze the complex ways in which oppression can impair an agent's capacity for autonomy, and investigate connections, neglected by standard accounts, between autonomy and other aspects of the agent, including self-conception, self-worth, memory, and the imagination.

The Different Faces of Autonomy

Author: M. Schermer

Publisher: Springer Science & Business Media

Published: 2013-04-17

Total Pages: 236

ISBN-13: 9401599726

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Patient autonomy is a much discussed and debated subject in medical ethics, as well as in healthcare practice, medical law, and healthcare policy. This book provides a detailed and nuanced analysis of both the concept of autonomy and the principle of respect for autonomy, in an accessible style. The unique feature of this book is that it combines empirical research into hospital practice with thorough philosophical analyses. As such, it is an example of a new movement in applied ethics, that of 'empirical ethics'. The key themes are informed consent and medical decision making, personal well-being, competence, paternalism and decision making for incompetent patients. Much attention is also devoted to autonomy in non-decision making situations - patient control over small everyday aspects of care, authenticity and existential aspects of illness, autonomy and the 'ethics of care', and the relationship between autonomy and trust in the physician-patient relationship. This book will be of interest to those working or studying in the field of medical ethics and applied ethics but also to healthcare professionals and health policy makers.

Clinical Ethics

Author: Albert R. Jonsen

Publisher: McGraw-Hill Companies

Published: 1992

Total Pages: 212

ISBN-13:

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Clinical Ethics introduces the four-topics method of approaching ethical problems (i.e., medical indications, patient preferences, quality of life, and contextual features). Each of the four chapters represents one of the topics. In each chapter, the authors discuss cases and provide comments and recommendations. The four-topics method is an organizational process by which clinicians can begin to understand the complexities involved in ethical cases and can proceed to find a solution for each case.