Bioethics in Context: Moral, Legal, and Social Perspectives

ISBN-13: 9781554812349 / Angielski / Miękka / 2016 / 520 str.

Gary Jones; Joseph DeMarco

Spis treści

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