Bioethics in Context
Broadview Press Ltd (Verlag)
978-1-55481-234-9 (ISBN)
In Bioethics in Context, Gary Jones and Joseph DeMarco connect ethical theory, medicine, and the law, guiding readers toward a practical and legally grounded understanding of key issues in health-care ethics. This book is uniquely up-to-date in its discussion of health-care law and unpacks the complex web of American policies, including the Patient Protection and Affordable Care Act. Useful case studies and examples are embedded throughout, and a companion website offers a thorough, curated database of relevant legal precedents as well as additional case studies and other resources.
Gary E. Jones is Professor of Philosophy at the University of San Diego, USA and a member of the California Bar Association. Joseph P. DeMarco is Professor Emeritus of Philosophy at Cleveland State University, USA.
Acknowledgments
Introduction
Chapter 1: Moral Theory in Bioethics
Consequentialism and Deontology
Consequentialism
Rule Consequentialism
Hare’s Utilitarianism
Kantian Deontology
Rule Theory
Case Study: Dr. Mando
Alternative Approaches
Principlism
Particularism
Virtue Ethics
Feminist Ethics and the Ethics of Care
Casuistry
Conclusion
Exercises and Discussion Questions
Chapter 2: Basic Law
The American Legal System
Common Law
Statutory Law
Executive Orders and Agencies
Constitutional Law
State Court Systems
The Federal Court System
Legal Processes and Lawsuits
Legal Processes
Lawsuits
Ethics and the Law
Conclusion
Exercises and Discussion Questions
Chapter 3: Justice and the Right to Care
The Meaning of Justice
Justice and Equality
Equality of Resources: Ronald Dworkin
Group Equality: R.H. Tawney
Complex Equality: Michael Walzer
Criteria of Just Distribution
Theories of Justice
Utilitarian Theory
Social Contract Theory
Libertarian Theory
Feminist Ethics and Just Health Care
Norman Daniels’s Approach to Health-Care Justice
Just Health Care: Beauchamp and Childress
Allocation of Health Care
Models for the Allocation of Health Care to Individuals
The Proprietary Model
The Merit Model
The Social Worth Model
The Need Model
Policy Options for the Allocation of Health Care
Fee-for-Service Model
The Universal and Comprehensive Provision of Benefits Model
Fee-for-Service with a Safety Net Model
Universal Basic Health-Care Model
Professional Considerations
Containment of Health-Care Costs
Rationing of Health Care
Patient Protection and Affordable Care Act
The PPACA and the Iron Triangle
Accessibility
Quality
Cost
Concerns about the Viability of the PPACA
The PPACA and the US Constitution
Expansion of Medicaid
Individual Mandate
Ethical Aspects of the Individual Mandate and Medicaid Expansion
Conclusion
Exercises and Discussion Questions
Chapter 4: The Duty to Treat
Physicians and Other Health-Care Providers
In General, No Duty to Treat
Duty Not to Abandon
Is There a Moral Duty to Treat?
Standards of Care
Malpractice
Good Samaritan Laws
Hospitals
Medicare
Medicaid
Emergency Treatment
Staff Physicians
Nurses
Rights and Duties of Third-Party Payers
ERISA: Employment Retirement Income Security Act
Conclusion
Exercises and Discussion Questions
Chapter 5: Informed Consent
The Basics of Informed Consent
Three Concepts of Informed Consent
Elements of Informed Consent
Disclosure
Waiving and Delegating Informed Consent
Proxy Decision Making
Advance Directives
Assessing Capacity
The Meaning of Decisional Capacity
Mental Illness and Capacity to Consent
Enhancing Capacity
Capacity: Young and Old
Religion and Capacity
Does Rejection of Treatment Indicate Incapacity?
Erring on the Side of Autonomy
Assessing Capacity
Informed Consent: Ethical Issues
Constraints on Informed Consent
Coercion
Manipulation
Offers and Rewards
Influence
Medical Paternalism
Autonomy vs. Beneficence
Ethical Evaluation of Informed Consent
Informed Consent and Ethics Committees
Informed Consent: Legal Issues
The Scope of Informed Consent
Community of Physicians Standard
Reasonable Physician Standard
Objective Patient Standard
Subjective Patient Standard
Three Exceptions to Informed Consent
Incompetency
Emergency Care
The Therapeutic Privilege
Legal Consequences of the Failure to Obtain Informed Consent
Revising Informed Consent
False Imprisonment
Special Problem Areas
Conclusion
Exercises and Discussion Questions
Chapter 6: Informed Refusal and the Discontinuation of Treatment
The Criteria for and Meaning of Death
Persistent Vegetative States
Religious Objections to the Brain-Death Criterion
Medical Futility
What Is Medical Futility?
Physiological or Strict Futility
Quantitative Futility
Qualitative Futility
Case Studies of Medical Futility
Are Wanglie and Baby K Cases of Medical Futility?
Who Decides?
What Is the Chance of Success?
Policies on Futility
The AMA Policy
The Texas Statute
Discontinuing Medical Treatment
Determining Whether to Discontinue Treatment
Family Consent
Substituted Judgment
Best Interest Standard
Mixed Standard: Limited Objective Test
Withdrawing versus Withholding Treatment
Passive Euthanasia
Active Euthanasia and Physician-Assisted Suicide
The Ethics and Laws of Assisted Suicide
Ethical and Legal Foundations of Informed Refusal
The Ethics of Informed Refusal
Legal Foundations of Informed Refusal
Karen Quinlan: Privacy and Treatment
Nancy Cruzan: Clear and Convincing Evidence
Elizabeth Bouvia: Do Motives Matter?
Removing Respirators versus Removing Feeding Tubes
Other Cases: Schiavo and Borenstein
Treatment Decisions Involving Children
Birth Defects and Treatments
Parental Autonomy and Mandated Treatment
Refusal of Treatment for Religious Reasons
Conclusion
Exercises and Discussion Questions
Chapter 7: Nursing: Legal and Moral Issues
What is Nursing?
Licensure and Credentialing
Nurse Practice Acts and Nursing Boards
Standard of Care
Nurses and Conscience Clauses
The Limits of Nurses’ Responsibilities
Nurses and Diagnoses
Whose Obligation: Nurse’s or Physician’s?
Nurses Practicing Medicine?
Advocating for a Patient
Boundary Violations
Nurses in Emergencies
Some Particular Duties and Obligations
Nursing Assessment
Acquiring Informed Consent
Duty to Protect against Patient Self-Harm v
Duty to Warn Third Parties
Reporting Suspected Child Abuse
Conclusion
Exercises and discussion questions
Chapter 8: Privacy and Confidentiality
Privacy
Privacy as a Moral Rule
Utilitarian Justifications for Privacy
Covert Surveillance
The Legal Right to Privacy
The Right to Privacy of Conduct
The Right to Privacy of Information
Confidentiality
The Physician–Patient Relationship
The Physician’s Obligation of Confidentiality
HIPAA Regulations
Maintaining Confidentiality
Other Legal Exceptions to Confidentiality
Evaluating the Tarasoff Case
HIV and the Law
Duty to Warn of Genetic Risk
Conclusion
Exercises and Discussion Questions
Chapter 9: Cultural Competency
The Importance of Cultural Competency
Reasons in Support of Cultural Competency
Medical Diagnoses and Cultural Difference
Reacting to Patients: Responding to Differences
Respecting Differences and Negotiating Biases
Responding to Patient Biases
Not All People in Any Culture Are the Same
Whose Culture Dominates?
The Initial Encounter with Patients
Cultural Competency and Informed Consent
Cultural Competency and Informed Refusal
Cultural Competency and Translation
Translation and the Law
When Culture Conflicts with the Law
Deciding to Report
Balancing Moral and Legal Obligations
The Affordable Care Act
Conclusion
Exercises and Discussion Questions
Chapter 10: Issues in Human Reproduction
Abortion
Fetuses and Personhood
Philosophical Perspectives on Abortion
Legal Aspects of Abortion
The Legal Status of the Fetus
In Vitro Fertilization
Surrogate Motherhood
Involuntary Sterilization
Genetic Testing and Treatments
Genetics and Disease
Genetic Testing
Preimplantation Genetic Diagnosis
Genetic Enhancements
Senescence
Happiness
The Stem-Cell Debate
Human Cloning
Cloning to Produce Children
Cloning for Research Purposes
Conclusion
Exercises and Discussion Questions
Chapter 11: Mental Illness
What is Mental Illness?
Commitment, Consent, and Decision Making
Institutional Commitment and Consent
Treatment Decisions
Incompetence
The Use of Restraints
Legal Responsibilities and Liabilities
Malpractice
Duties to Third Parties
Conclusion
Exercises and Discussion Questions
Chapter 12: Medical Research: Clinical Trials
What are Clinical Trials?
Protecting Research Subjects
Historical Abuse
The Belmont Report
The Declaration of Helsinki
Placebos
Types of Clinical Trials
Phase I Trials
Phase II Trials
Phase III Trials
Protocols
Clinical Equipoise
Participation in a Clinical Trial
Federal Regulations
Legal Issues in Clinical Trials
Abney, et al. v. Amgen Inc.
Grimes v. Kennedy Krieger Institute, Inc.; Myron Higgins, A Minor, Etc., et al. v. Kennedy Krieger Institute, Inc.
Kristina Ann Dahl, MD, et al. v. HEM Pharmaceuticals, Inc., et al.
Estate of Kevin Baker v. University of Vermont
Greenberg, et al. v. Miami Children’s Hospital Research Institute, Inc., et al.
Conclusion
Exercises and Discussion Questions
Chapter 13: Transplantation Ethics
Organ Donation
Evaluating Prospective Organ Recipients
Selling Organs
Live Donors
Donors Lacking Competence
Donations against One’s Will
Prisoners as Organ Donors
Conclusion
Exercises and Discussion Questions
Index
Index of Court Cases
Index of Statutes
Index of Model Acts
| Erscheinungsdatum | 02.04.2016 |
|---|---|
| Sprache | englisch |
| Maße | 165 x 229 mm |
| Gewicht | 602 g |
| Themenwelt | Geisteswissenschaften ► Philosophie ► Ethik |
| Medizin / Pharmazie ► Medizinische Fachgebiete ► Medizinethik | |
| Studium ► Querschnittsbereiche ► Geschichte / Ethik der Medizin | |
| ISBN-10 | 1-55481-234-8 / 1554812348 |
| ISBN-13 | 978-1-55481-234-9 / 9781554812349 |
| Zustand | Neuware |
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