Conflicts Of Conscience In Health Care
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Conflicts Of Conscience In Health Care
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Author : Holly Fernandez Lynch
language : en
Publisher: MIT Press
Release Date : 2010-08-13
Conflicts Of Conscience In Health Care written by Holly Fernandez Lynch and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-13 with Science categories.
A balanced proposal that protects both a patient's access to care and a physician's ability to refuse to provide certain services for reasons of conscience. Physicians in the United States who refuse to perform a variety of legally permissible medical services because of their own moral objections are often protected by “conscience clauses.” These laws, on the books in nearly every state since the legalization of abortion by Roe v. Wade, shield physicians and other health professionals from such potential consequences of refusal as liability and dismissal. While some praise conscience clauses as protecting important freedoms, opponents, concerned with patient access to care, argue that professional refusals should be tolerated only when they are based on valid medical grounds. In Conflicts of Conscience in Health Care, Holly Fernandez Lynch finds a way around the polarizing rhetoric associated with this issue by proposing a compromise that protects both a patient's access to care and a physician's ability to refuse. This focus on compromise is crucial, as new uses of medical technology expand the controversy beyond abortion and contraception to reach an increasing number of doctors and patients. Lynch argues that doctor-patient matching on the basis of personal moral values would eliminate, or at least minimize, many conflicts of conscience, and suggests that state licensing boards facilitate this goal. Licensing boards would be responsible for balancing the interests of doctors and patients by ensuring a sufficient number of willing physicians such that no physician's refusal leaves a patient entirely without access to desired medical services. This proposed solution, Lynch argues, accommodates patients' freedoms while leaving important room in the profession for individuals who find some of the capabilities of medical technology to be ethically objectionable.
Conscientious Objection In Health Care
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Author : Mark R. Wicclair
language : en
Publisher: Cambridge University Press
Release Date : 2011-05-26
Conscientious Objection In Health Care written by Mark R. Wicclair and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-26 with Philosophy categories.
Historically associated with military service, conscientious objection has become a significant phenomenon in health care. Mark Wicclair offers a comprehensive ethical analysis of conscientious objection in three representative health care professions: medicine, nursing and pharmacy. He critically examines two extreme positions: the 'incompatibility thesis', that it is contrary to the professional obligations of practitioners to refuse provision of any service within the scope of their professional competence; and 'conscience absolutism', that they should be exempted from performing any action contrary to their conscience. He argues for a compromise approach that accommodates conscience-based refusals within the limits of specified ethical constraints. He also explores conscientious objection by students in each of the three professions, discusses conscience protection legislation and conscience-based refusals by pharmacies and hospitals, and analyzes several cases. His book is a valuable resource for scholars, professionals, trainees, students, and anyone interested in this increasingly important aspect of health care.
Law Religion And Health In The United States
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Author : Holly Fernandez Lynch
language : en
Publisher: Cambridge University Press
Release Date : 2017-07-03
Law Religion And Health In The United States written by Holly Fernandez Lynch and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-03 with Law categories.
While the law can create conflict between religion and health, it can also facilitate religious accommodation and protection of conscience. Finding this balance is critical to addressing the most pressing questions at the intersection of law, religion, and health in the United States: should physicians be required to disclose their religious beliefs to patients? How should we think about institutional conscience in the health care setting? How should health care providers deal with families with religious objections to withdrawing treatment? In this timely book, experts from a variety of perspectives and disciplines offer insight on these and other pressing questions, describing what the public discourse gets right and wrong, how policymakers might respond, and what potential conflicts may arise in the future. It should be read by academics, policymakers, and anyone else - patient or physician, secular or devout - interested in how US law interacts with health care and religion.
The Way Of Medicine
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Author : Farr Curlin
language : en
Publisher: University of Notre Dame Pess
Release Date : 2021-08-15
The Way Of Medicine written by Farr Curlin and has been published by University of Notre Dame Pess this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-15 with Medical categories.
Today’s medicine is spiritually deflated and morally adrift; this book explains why and offers an ethical framework to renew and guide practitioners in fulfilling their profession to heal. What is medicine and what is it for? What does it mean to be a good doctor? Answers to these questions are essential both to the practice of medicine and to understanding the moral norms that shape that practice. The Way of Medicine articulates and defends an account of medicine and medical ethics meant to challenge the reigning provider of services model, in which clinicians eschew any claim to know what is good for a patient and instead offer an array of “health care services” for the sake of the patient’s subjective well-being. Against this trend, Farr Curlin and Christopher Tollefsen call for practitioners to recover what they call the Way of Medicine, which offers physicians both a path out of the provider of services model and also the moral resources necessary to resist the various political, institutional, and cultural forces that constantly push practitioners and patients into thinking of their relationship in terms of economic exchange. Curlin and Tollefsen offer an accessible account of the ancient ethical tradition from which contemporary medicine and bioethics has departed. Their investigation, drawing on the scholarship of Leon Kass, Alasdair MacIntyre, and John Finnis, leads them to explore the nature of medicine as a practice, health as the end of medicine, the doctor-patient relationship, the rule of double effect in medical practice, and a number of clinical ethical issues from the beginning of life to its end. In the final chapter, the authors take up debates about conscience in medicine, arguing that rather than pretending to not know what is good for patients, physicians should contend conscientiously for the patient’s health and, in so doing, contend conscientiously for good medicine. The Way of Medicine is an intellectually serious yet accessible exploration of medical practice written for medical students, health care professionals, and students and scholars of bioethics and medical ethics.
Conflicts Of Interest In Clinical Practice And Research
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Author : Roy G. Spece
language : en
Publisher:
Release Date : 1996
Conflicts Of Interest In Clinical Practice And Research written by Roy G. Spece and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
Our society has long sanctioned, at least tacitly, a conflict of interest in medical practice and research as an unavoidable consequence of the different interests of the participants in health care: the physician or clinical researcher, the patient or research subject, insurance companies or research sponsors, the government, and society as a whole. This multidisciplinary effort draws from philosophy, medicine, law, economics and public policy to identify and categorize conflicts of interest in medical practice and clinical research, and, where possible, to offer a mechanism for resolving them. Part I reviews the theoretical background, including basic concepts and analytical frameworks. The second part discusses two topics prominent in current health care policy debates--self-referral and financial incentives to limit care. Part III examines conflicts of interest generated by pharmaceutical industry involvement in clinical practice and research. The final section deals with clinical research in several contexts, including institutional review boards, clinical trials, research agreements between the government and private researchers, brokerage of research subjects by contract research organizations, and cost-effectiveness studies.
Contemporary Controversies In Catholic Bioethics
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Author : Jason T. Eberl
language : en
Publisher: Springer
Release Date : 2017-07-24
Contemporary Controversies In Catholic Bioethics written by Jason T. Eberl and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-24 with Philosophy categories.
This volume comprises various viewpoints representing a Catholic perspective on contemporary practices in medicine and biomedical research. The Roman Catholic Church has had a significant impact upon the formulation and application of moral values and principles to a wide range of controversial issues in bioethics. Catholic leaders, theologians, and bioethicists have elucidated and marshaled arguments to support the Church’s definitive positions on several bioethical issues, such as abortion, euthanasia, and reproductive cloning. Not all bioethical issues, however, have been definitively addressed by Catholic authorities, and some Church teachings allow for differing applications in diverse circumstances. Moreover, as new biomedical technologies emerge, Church authorities rely on experts in science, medicine, philosophy, theology, law, and other disciplines to advise them. Such experts continue to debate issues related to reproduction, genetics, end-of-life care, and health care policy. This volume will be a valuable resource for scholars in bioethics or Catholic studies, who will benefit from the nuanced arguments offered based on the latest research. This volume is also instructive for students entering the field to become aware of the founding philosophical and theological principles informing the Catholic bioethical worldview.
The Oxford Handbook Of U S Health Law
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Author : I. Glenn Cohen
language : en
Publisher: Oxford University Press
Release Date : 2017
The Oxford Handbook Of U S Health Law written by I. Glenn Cohen and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
The Oxford Handbook of U.S. Health Law covers the breadth and depth of health law, with contributions from the most eminent scholars in the field. The Handbook paints with broad thematic strokes the major features of American healthcare law and policy, its recent reforms including the Affordable Care Act, its relationship to medical ethics and constitutional principles, how it compares to the experience of other countries, and the legal framework for the patient experience. This Handbook provides valuable content, accessible to readers new to the subject, as well as to those who write, teach, practice, or make policy in health law.
Conscience In Reproductive Health Care
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Author : Carolyn McLeod
language : en
Publisher:
Release Date : 2020
Conscience In Reproductive Health Care written by Carolyn McLeod and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Medical categories.
In Conscience in Reproductive Health Care, Carolyn McLeod responds to a growing worldwide trend of health care professionals conscientiously refusing to provide abortions and similar reproductive health services in countries where these services are legal and professionally accepted. She argues that conscientious objectors in health care should have to prioritize the interests of patients in receiving care over their own interest in acting on their conscience. McLeod defends this 'prioritizing approach' to conscientious objection over the more popular 'compromise approach' in bioethics--without downplaying the importance of health care professionals having a conscience or the moral complexity of their conscientious refusals. She begins with a description of what is at stake for the main parties to the conflicts generated by conscientious refusals in reproductive health care: the objector and the patient. Her central argument for the prioritizing approach is that health care professionals who are charged with gatekeeping access to services such as abortions are fiduciaries for their patients and for the public they are licensed to serve. As such, they have a duty of loyalty to these beneficiaries and must give primacy to their interests in gaining access to care. McLeod provides insights into ethical issues extending beyond the question of conscientious refusal, including the value of conscience and the fundamental moral nature of the relationships health care professionals have with current and prospective patients.
Contemporary Bioethics
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Author : Mohammed Ali Al-Bar
language : en
Publisher: Springer
Release Date : 2015-05-27
Contemporary Bioethics written by Mohammed Ali Al-Bar and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-27 with Medical categories.
This book discusses the common principles of morality and ethics derived from divinely endowed intuitive reason through the creation of al-fitr' a (nature) and human intellect (al-‘aql). Biomedical topics are presented and ethical issues related to topics such as genetic testing, assisted reproduction and organ transplantation are discussed. Whereas these natural sources are God’s special gifts to human beings, God’s revelation as given to the prophets is the supernatural source of divine guidance through which human communities have been guided at all times through history. The second part of the book concentrates on the objectives of Islamic religious practice – the maqa' sid – which include: Preservation of Faith, Preservation of Life, Preservation of Mind (intellect and reason), Preservation of Progeny (al-nasl) and Preservation of Property. Lastly, the third part of the book discusses selected topical issues, including abortion, assisted reproduction devices, genetics, organ transplantation, brain death and end-of-life aspects. For each topic, the current medical evidence is followed by a detailed discussion of the ethical issues involved.
Conscience And Catholic Health Care
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Author : DeCosse, David E.
language : en
Publisher: Orbis Books
Release Date : 2017-03-16
Conscience And Catholic Health Care written by DeCosse, David E. and has been published by Orbis Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-16 with Religion categories.
Drawn from a two-day symposium at Santa Clara University, Conscience and Catholic Health Care provides a timely and up-to-date assessment of the Catholic understanding of conscience and how it relates to day-to-day issues in Catholic health care. The contributors explore a wide range of topics, including end-of-life care, abortion and sterilization, and the role of Catholic ethics particularly in hospital settings. With insights from key figures this book will serve as a useful text and reference for medical students and practitioners as well as a resource for ethics boards and chaplains in Catholic hospitals, most especially those merging with secular health institutions. In addition to the editors, contributors include Ron Hamel, Anne E. Patrick, Roberto Dell'Oro, Lisa Fullam, Kristin E. Heyer, John J. Paris, M. Patrick Moore, Jr., Cathleen Kaveny, Lawrence J. Nelson, Kevin T. FitzGerald, SJ, Gerald Coleman, Margaret R. McLean, Shawnee M. Daniels-Sykes, and Carol Taylor. (Publisher)