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  1. Should parents be asked to consent for life-saving paediatric interventions?Nathan K. Gamble & Michal Pruski - forthcoming - Journal of the Intensive Care Society.
    Informed consent, when given by proxy, has limitations: chiefly, it must be made in the interest of the patient. Here we critique the standard approach to parental consent, as present in Canada and the UK. Parents are often asked for consent, but are not given the authority to refuse medically beneficial treatment in many situations. This prompts the question of whether it is possible for someone to consent if they cannot refuse. We present two alternative and philosophically more consistent frameworks (...)
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  2. Deep brain stimulation and revising the Mental Health Act: the case for intervention-specific safeguards.Jonathan Pugh, Tipu Aziz, Jonathan Herring & Julian Savulescu - forthcoming - British Journal of Psychiatry.
    Under the current Mental Health Act of England and Wales, it is lawful to perform deep brain stimulation in the absence of consent and independent approval. We argue against the Care Quality Commission's preferred strategy of addressing this problematic issue, and offer recommendations for deep brain stimulation-specific provisions in a revised Mental Health Act.
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  3. Conscientious objection in healthcare: the requirement of justification, the moral threshold, and military refusals.Tomasz Żuradzki - forthcoming - Journal of Religious Ethics.
    A dogma accepted in many ethical, religious, and legal frameworks is that the reasons behind conscientious objection (CO) in healthcare cannot be evaluated or judged by any institution because conscience is individual and autonomous. This paper shows that the background view is mistaken: the requirement to reveal and explain the reasons for conscientious objection in healthcare is ethically justified and legally desirable. Referring to real healthcare cases and legal regulations, the paper argues that these reasons should be evaluated either ex (...)
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  4. When Can Physicians Fire Patients with Opioid Use Disorder for Nonmedical Use of Prescription Medications?Levi Durham - 2024 - Journal of Clinical Ethics 35 (1):65-69.
    The opioid crisis has greatly increased the number of patients who are illegally injecting drugs while hospitalized for other conditions. Physicians face a difficult decision in these circumstances: when is it appropriate to involuntarily discharge or “fire” a patient with opioid use disorder for their continued nonmedical use of opioids? This commentary analyzes physicians’ responsibilities to their patients and argues that physicians should fire non-adherent patients only when every other option has been exhausted and the expected benefits of firing the (...)
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  5. Knowledge Regarding Sexual Abuse of Selected University Students of Dhaka City.Sabrina Akhter, Shafquat H. Chowdhury, Turna Mithila & Shamima Parvin Lasker - 2023 - Joj Public Health 7 (5):1-5.
    Introduction: Sexual harassment involves an assortment of coercive behaviors, including physical force, intimidation, and various forms of compulsion, including verbal harassment and forced penetration [1]. Sexual abuse can happen to both men and women. In the United Kingdom(UK), the problem of child sexual abuse (CSA) has epidemic proportions and is a global public health issue [2]. 53,874 incidents were reported under the 2012 Protection of Children from Sexual Offences Act as of 2021 [3]. to their ignorance about puberty, sexuality, and (...)
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  6. Transformative Choice and Decision-Making Capacity.Isra Black, Lisa Forsberg & Anthony Skelton - 2023 - Law Quarterly Review 139 (4):654-680.
    This article is about the information relevant to decision-making capacity in refusal of life-prolonging medical treatment cases. We examine the degree to which the phenomenology of the options available to the agent—what the relevant states of affairs will feel like for them—forms part of the capacity-relevant information in the law of England and Wales, and how this informational basis varies across adolescent and adult medical treatment cases. We identify an important doctrinal phenomenon. In the leading authorities, the courts appear to (...)
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  7. Civil Liberties in a Lockdown: The Case of COVID-19.Samuel Director & Christopher Freiman - 2023 - Journal of Medicine and Philosophy 1 (6):1-24.
    In response to the spread of COVID-19, governments across the world have, with very few exceptions, enacted sweeping restrictive lockdown policies that impede citizens’ freedom to move, work, and assemble. This paper critically responds to the central arguments for restrictive lockdown legislation. We build our critique on the following assumption: public policy that enjoys virtually unanimous support worldwide should be justified by uncontroversial moral principles. We argue that that the virtually unanimous support in favor of restrictive lockdowns is not adequately (...)
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  8. Inconsistency between the Circulatory and the Brain Criteria of Death in the Uniform Determination of Death Act.Alberto Molina-Pérez, James L. Bernat & Anne Dalle Ave - 2023 - Journal of Medicine and Philosophy 48 (5):422-433.
    The Uniform Determination of Death Act (UDDA) provides that “an individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead.” We show that the UDDA contains two conflicting interpretations of the phrase “cessation of functions.” By one interpretation, what matters for the determination of death is the cessation of spontaneous functions only, regardless of their generation by artificial means. By the (...)
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  9. The ethical aspects of unwanted pregnancy: Cases of rape reported in the media with legal restrictions on abortion in Turkey.Sukran Sevimli - 2023 - Eubios Journal of Asian and International Bioethics 33 (1):18-26.
    This study examines the ethical and legal issues faced by girls/women requesting abortions who were victims of rape, aspects which have received little attention to date. This is a retrospective study using an approach and legal issues relating to incidents of unwanted pregnancy resulting from rape as reported in Turkish newspapers from 2010 to 2018. A total of 95 articles were discovered and categorized. These were then evaluated for content and analyzed in terms of the ethical issues related to the (...)
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  10. Overcoming the regulatory impasse in stem cell research and advanced therapy medicines in Argentina through shared norms and values.Fabiana Arzuaga - 2022 - In G. T. Laurie, E. S. Dove & Niamh Nic Shuibhne (eds.), Law and legacy in medical jurisprudence: essays in honour of Graeme Laurie. Cambridge University Press.
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  11. A philosopher looks at 'law and medical ethics'.Richard Ashcroft - 2022 - In G. T. Laurie, E. S. Dove & Niamh Nic Shuibhne (eds.), Law and legacy in medical jurisprudence: essays in honour of Graeme Laurie. Cambridge University Press.
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  12. ‘First Do No Harm’: physician discretion, racial disparities and opioid treatment agreements.Adrienne Sabine Beck, Larisa Svirsky & Dana Howard - 2022 - Journal of Medical Ethics 48 (10):753-758.
    The increasing use of opioid treatment agreements has prompted debate within the medical community about ethical challenges with respect to their implementation. The focus of debate is usually on the efficacy of OTAs at reducing opioid misuse, how OTAs may undermine trust between physicians and patients and the potential coercive nature of requiring patients to sign such agreements as a condition for receiving pain care. An important consideration missing from these conversations is the potential for racial bias in the current (...)
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  13. Body parts and baleful stars?Margaret Brazier & Alexandra Mullock - 2022 - In G. T. Laurie, E. S. Dove & Niamh Nic Shuibhne (eds.), Law and legacy in medical jurisprudence: essays in honour of Graeme Laurie. Cambridge University Press.
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  14. Person-Centered Maternity Care: COVID Exposes the Illusion.Rebecca Brione - 2022 - International Journal of Feminist Approaches to Bioethics 15 (1):131-134.
    UK maternity policy makes great fanfare about providing person-centered care, built around what the pregnant woman or birthing person needs. Maternity Voices Partnerships involving healthcare professionals and women are supposed to guide policy and practice at the local level. UK consent law prioritizes the pregnant person's own conception of the risks and factors that are material to her care. The COVID-19 pandemic has shown how tenuous a hold these laudable principles actually have when the going gets tough.
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  15. Thinking outside the box : Graeme Laurie's legacy to medical jurisprudence.Roger Brownsword - 2022 - In G. T. Laurie, E. S. Dove & Niamh Nic Shuibhne (eds.), Law and legacy in medical jurisprudence: essays in honour of Graeme Laurie. Cambridge University Press.
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  16. The Duty to Protect, Abortion, and Organ Donation.Emily Carroll & Parker Crutchfield - 2022 - Cambridge Quarterly of Healthcare Ethics 31 (3):333-343.
    Some people oppose abortion on the grounds that fetuses have full moral status and thus a right to not be killed. We argue that special obligations that hold between mother and fetus also hold between parents and their children. We argue that if these special obligations necessitate the sacrifice of bodily autonomy in the case of abortion, then they also necessitate the sacrifice of bodily autonomy in the case of organ donation. If we accept the argument that it is obligatory (...)
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  17. Doing medical law and ethics : putting interdisciplinarity to work.Sharon Cowan, Emily Postan & Nayha Sethi - 2022 - In G. T. Laurie, E. S. Dove & Niamh Nic Shuibhne (eds.), Law and legacy in medical jurisprudence: essays in honour of Graeme Laurie. Cambridge University Press.
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  18. Is regulatory innovation fit for purpose? A case study of adaptive regulation for advanced biotherapeutics.Giovanni De Grandis - 2022 - Regulation and Governance 16.
    The need to better balance the promotion of scientific and technological innovation with risk management for consumer protection has inspired several recent reforms attempting to make regulations more flexible and adaptive. The pharmaceutical sector has a long, established regulatory tradition, as well as a long history of controversies around how to balance incentives for needed therapeutic innovations and protecting patient safety. The emergence of disruptive biotechnologies has provided the occasion for regulatory innovation in this sector. This article investigates the regulation (...)
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  19. Escape from the medically assisted suicide spiral.Murray Earle - 2022 - In G. T. Laurie, E. S. Dove & Niamh Nic Shuibhne (eds.), Law and legacy in medical jurisprudence: essays in honour of Graeme Laurie. Cambridge University Press.
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  20. A tale of two legacies : drawing on humanist interpretations to animate the right to the benefits of science.Shawn Harmon - 2022 - In G. T. Laurie, E. S. Dove & Niamh Nic Shuibhne (eds.), Law and legacy in medical jurisprudence: essays in honour of Graeme Laurie. Cambridge University Press.
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  21. Unauthorized Pelvic Exams are Sexual Assault.Perry Hendricks & Samantha Seybold - 2022 - The New Bioethics 28 (4):368-376.
    The pelvic exam is used to assess the health of female reproductive organs and so involves digital penetration by a physician. However, it is common practice for medical students to acquire experience in administering pelvic exams by performing them on unconscious patients without prior authorization. In this article, we argue that such unauthorized pelvic exams (UPEs) are sexual assault. Our argument is simple: in any other circumstance, unauthorized digital penetration amounts to sexual assault. Since there are no morally significant differences (...)
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  22. Breathing life into law : what it means to take an ethics + approach to conceptualise law in research governance.Calvin Ho & Justin Wong - 2022 - In G. T. Laurie, E. S. Dove & Niamh Nic Shuibhne (eds.), Law and legacy in medical jurisprudence: essays in honour of Graeme Laurie. Cambridge University Press.
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  23. Equipoise, standard of care, and consent: Responding to the authorisation of new COVID-19 treatments in randomised controlled trials.Soren Holm, Jonathan Lewis & Rafael Dal-Ré - 2022 - Journal of Medical Ethics:1-6.
    In response to the COVID-19 pandemic, large-scale research and pharmaceutical regulatory processes have proceeded at a dramatically increased pace with new and effective, evidence-based COVID-19 interventions rapidly making their way into the clinic. However, the swift generation of high-quality evidence and the efficient processing of regulatory authorisation have given rise to more specific and complex versions of well-known research ethics issues. In this paper, we identify three such issues by focusing on the authorisation of Molnupiravir, a novel antiviral medicine aimed (...)
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  24. The burden of history : how past scandals have shaped the future governance of human tissue, and health data.Nils Hoppe & José Miola - 2022 - In G. T. Laurie, E. S. Dove & Niamh Nic Shuibhne (eds.), Law and legacy in medical jurisprudence: essays in honour of Graeme Laurie. Cambridge University Press.
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  25. The legacy of the Warnock Report.Emily Jackson - 2022 - In G. T. Laurie, E. S. Dove & Niamh Nic Shuibhne (eds.), Law and legacy in medical jurisprudence: essays in honour of Graeme Laurie. Cambridge University Press.
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  26. Biomedical research policy : back to the future?Bartha Maria Knoppers, Ruth Chadwick & Michael Beauvais - 2022 - In G. T. Laurie, E. S. Dove & Niamh Nic Shuibhne (eds.), Law and legacy in medical jurisprudence: essays in honour of Graeme Laurie. Cambridge University Press.
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  27. Law and legacy in medical jurisprudence: essays in honour of Graeme Laurie.G. T. Laurie, E. S. Dove & Niamh Nic Shuibhne (eds.) - 2022 - New York, NY: Cambridge University Press.
    Graeme Laurie stepped down from the Chair in Medical Jurisprudence at the University of Edinburgh in 2019. This edited collection pays tribute to his extraordinary contributions to the field. Graeme has often spoken about the importance of 'legacy' in academic work and has forged a remarkable intellectual legacy of his own, notably through his work on genetic privacy, human tissue and information governance, and on the regulatory salience of the concept of liminality. The essays in this volume animate the concept (...)
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  28. Righting Health Policy: Bioethics, Political Philosophy, and the Normative Justification of Health Law and Policy.D. Robert MacDougall - 2022 - Lanham: Lexington Books.
    In Righting Health Policy, MacDougall argues that bioethics has not developed the tools best suited for justifying health law and policy. Using Kant’s practical philosophy as an example, he explores the promise of political philosophy for making normatively justified recommendations about health law and policy.
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  29. UK Biobank and the legal regulation of genetic research : preserving the legacy and empowering future regulation.Jean McHale - 2022 - In G. T. Laurie, E. S. Dove & Niamh Nic Shuibhne (eds.), Law and legacy in medical jurisprudence: essays in honour of Graeme Laurie. Cambridge University Press.
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  30. Institutions, interpretive communities, and legacy in decision-making : a case study of patents, morality, and biotechnological inventions.Aisling McMahon - 2022 - In G. T. Laurie, E. S. Dove & Niamh Nic Shuibhne (eds.), Law and legacy in medical jurisprudence: essays in honour of Graeme Laurie. Cambridge University Press.
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  31. Taking the legacy of liminality forward : reflections on Graeme Laurie's approach to liminality and its relevance for the ethics and governance of reproduction.Catriona McMillan & Agomoni Ganguli-Mitra - 2022 - In G. T. Laurie, E. S. Dove & Niamh Nic Shuibhne (eds.), Law and legacy in medical jurisprudence: essays in honour of Graeme Laurie. Cambridge University Press.
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  32. Systemising Triage: COVID-19 Guidelines and Their Underlying Theories of Distributive Justice.Lukas J. Meier - 2022 - Medicine, Health Care and Philosophy 25 (4):703-714.
    The COVID-19 pandemic has been overwhelming public health-care systems around the world. With demand exceeding the availability of medical resources in several regions, hospitals have been forced to invoke triage. To ensure that this difficult task proceeds in a fair and organised manner, governments scrambled experts to draft triage guidelines under enormous time pressure. Although there are similarities between the documents, they vary considerably in how much weight their respective authors place on the different criteria that they propose. Since most (...)
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  33. The once and future importance of impact.Eric M. Meslin - 2022 - In G. T. Laurie, E. S. Dove & Niamh Nic Shuibhne (eds.), Law and legacy in medical jurisprudence: essays in honour of Graeme Laurie. Cambridge University Press.
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  34. Should the family have a role in deceased organ donation decision-making? A systematic review of public knowledge and attitudes towards organ procurement policies in Europe.Alberto Molina-Pérez, Janet Delgado, Mihaela Frunza, Myfanwy Morgan, Gurch Randhawa, Jeantine Reiger-Van de Wijdeven, Silke Schicktanz, Eline Schiks, Sabine Wöhlke & David Rodríguez-Arias - 2022 - Transplantation Reviews 36 (1).
    Goal: To assess public knowledge and attitudes towards the family’s role in deceased organ donation in Europe. -/- Methods: A systematic search was conducted in CINHAL, MEDLINE, PAIS Index, Scopus, PsycINFO, and Web of Science on December 15th, 2017. Eligibility criteria were socio-empirical studies conducted in Europe from 2008 to 2017 addressing either knowledge or attitudes by the public towards the consent system, including the involvement of the family in the decision-making process, for post-mortem organ retrieval. Screening and data collection (...)
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  35. Differential impact of opt-in, opt-out policies on deceased organ donation rates: a mixed conceptual and empirical study.Alberto Molina-Pérez, David Rodríguez-Arias & Janet Delgado - 2022 - BMJ Open 12:e057107.
    Objectives To increase postmortem organ donation rates, several countries are adopting an opt-out (presumed consent) policy, meaning that individuals are deemed donors unless they expressly refused so. Although opt-out countries tend to have higher donation rates, there is no conclusive evidence that this is caused by the policy itself. The main objective of this study is to better assess the direct impact of consent policy defaults per se on deceased organ recovery rates when considering the role of the family in (...)
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  36. Acts and distance—a commentary on Brummett's ‘when conscientious objection runs amok’.Michal Pruski - 2022 - Clinical Ethics 17 (2):211-216.
    In his ‘When conscientious objection runs amok: A physician refusing human immunodeficiency virus preventative to a bisexual patient’, Brummett has argued that Catholic physicians should not be able to raise conscientious objections to HIV pre-exposure prophylaxis for bisexual patients, as this constitutes discrimination. Brummett argues that such a conscientious objection represents an instance of conscience creep, which he argues is undesirable. Here I re-analyse the case presented by Brummett using a teleological framework and making reference to Catholic teaching on cooperation (...)
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  37. Alta Fixsler: Medico-legal Paternalism in UK Paediatric Best Interest Decisions.Michal Pruski - 2022 - Issues in Law and Medicine 37 (1):81-93.
    The case of Alta Fixsler, where a judge ruled that withdrawing life sustaining care was in her best interest rather than transferring her to Israel, as her parents wanted, is the latest in a series of controversial paediatric best interest decisions. Using this case, as well as some other recent cases, I argue that the UK exhibits a high degree of medico-legal paternalism in best interest decisions, even though paternalism seems to be ubiquitously negatively perceived in medical ethics. Firstly, I (...)
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  38. Integrating the biological and the technological : time to move beyond law's binaries?Muireann Quigley & Laura Downey - 2022 - In G. T. Laurie, E. S. Dove & Niamh Nic Shuibhne (eds.), Law and legacy in medical jurisprudence: essays in honour of Graeme Laurie. Cambridge University Press.
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  39. The public interest in health research : from concept to context.Annie Sorbie - 2022 - In G. T. Laurie, E. S. Dove & Niamh Nic Shuibhne (eds.), Law and legacy in medical jurisprudence: essays in honour of Graeme Laurie. Cambridge University Press.
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  40. Organ trafficking: why do healthcare professionals engage in it?Trevor Stammers - 2022 - Cambridge Quarterly of Healthcare Ethics 31 (3):368-378.
    Organ trafficking in all its various forms is an international crime which could be entirely eliminated if healthcare professionals refused to participate in or be complicit with it. Types of organ trafficking are defined and principal international declarations and resolutions concerning it are discussed. The evidence for the involvement of healthcare professionals is illustrated with examples from South Africa and China. The ways in which healthcare professionals directly or indirectly perpetuate illegal organ transplantation are then considered, including lack of awareness, (...)
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  41. Towards a new privacy : informed consent as an encumbrance to group interests?Mark Taylor & David Townend - 2022 - In G. T. Laurie, E. S. Dove & Niamh Nic Shuibhne (eds.), Law and legacy in medical jurisprudence: essays in honour of Graeme Laurie. Cambridge University Press.
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  42. Health technology assessment, courts and the right to healthcare.Daniel Wei Liang Wang - 2022 - New York, NY: Routledge.
    Both developing and developed countries face an increasing mismatch between what patients expect to receive from healthcare and what the public healthcare systems can afford to provide. Where there has been a growing recognition of the entitlement to receive healthcare, the frustrated expectations with regards to the level of provision has led to lawsuits challenging the denial of funding for health treatments by public health systems. This book analyses the impact of courts and litigation on the way health systems set (...)
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  43. Emergent medicine and the law.P. -L. Chau - 2021 - Cham, Switzerland: Palgrave-Macmillan. Edited by Jonathan Herring.
    This book examines the relationship between law and scientific advancement, with a particular focus on the theory of evolution and medical innovation. Historically, the law has struggled to keep pace with modern medical advances. The authors demonstrate that the laws that govern human behaviour must evolve in response to such advances."--Provided by publisher.
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  44. Diritto e nuovi diritti: l'ordine del diritto e il problema del suo fondamento attraverso la lettura di alcune questioni biogiuridiche.Rudi Di Marco - 2021 - Torino: G. Giappichelli Editore.
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  45. El derecho al consentimiento informado del paciente. Una perspectiva iusfundamental.Noelia Martínez Doallo - 2021 - Granada, España: Comares.
    El consentimiento informado del paciente se inserta en el ámbito de su autonomía decisoria. Aunque presenta un sustrato corporal, este aparece combinado con elementos de índole moral que presuponen una noción concreta de persona como libre y autónoma. Tanto de las definiciones doctrinales como del material normativo se desprende que se trata de una posición jurídica subjetiva del paciente, alternativamente calificada como una “pretensión” o “derecho subjetivo en sentido estricto”, en términos hohfeldianos; un “derecho negativo de defensa”, o una “inmunidad”. (...)
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  46. The Sabermetrics of State Medical School Admissions.Stephen Kershnar - 2021 - International Journal of Applied Philosophy 35 (1):45-63.
    In this paper, I argue that medical school admissions should be limited to statistically relevant factors. My argument rests primarily on three assumptions. A state professional school should maximize production. If a state professional school should maximize production, then it should maximize production per student. If a state professional school should maximize production per student, then, within the optimum budget, a state medical school should maximize quality-adjusted medical services per graduate. I put forth a tentative equation for ranking applicants as (...)
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  47. Capturing and Promoting the Autonomy of Capacitous Vulnerable Adults.Jonathan Lewis - 2021 - Journal of Medical Ethics 47 (12):e21.
    According to the High Court in England and Wales, the primary purpose of legal interventions into the lives of vulnerable adults with mental capacity should be to allow the individuals concerned to regain their autonomy of decision making. However, recent cases of clinical decision making involving capacitous vulnerable adults have shown that, when it comes to medical law, medical ethics and clinical practice, vulnerability is typically conceived as opposed to autonomy. The first aim of this paper is to detail the (...)
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  48. Safeguarding Vulnerable Autonomy? Situational Vulnerability, The Inherent Jurisdiction and Insights from Feminist Philosophy.Jonathan Lewis - 2021 - Medical Law Review 29 (2):306-336.
    The High Court continues to exercise its inherent jurisdiction to make declarations about interventions into the lives of situationally vulnerable adults with mental capacity. In light of protective responses of health care providers and the courts to decision-making situations involving capacitous vulnerable adults, this paper has two aims. The first is diagnostic. The second is normative. The first aim is to identify the harms to a capacitous vulnerable adult’s autonomy that arise on the basis of the characterisation of situational vulnerability (...)
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  49. Defining Consent: Autonomy and the Role of the Family.Alberto Molina Pérez, Janet Delgado & David Rodriguez-Arias - 2021 - In Solveig Lena Hansen & Silke Schicktanz (eds.), Ethical Challenges of Organ Transplantation. Transcript Verlag. pp. 43-64.
    The ethics of deceased organ procurement (OP) is supposedly based on individual consent to donate, either explicit (opt-in) or presumed (opt-out). However, in many cases, individuals fail to express any preference regarding donation after death. When this happens, the decision to remove or not to remove their organs depends on the policy’s default option or on family preferences. Several studies show that in most countries the family plays a significant and often decisive role in the process of decision-making for OP. (...)
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  50. European and comparative law study regarding family’s legal role in deceased organ procurement.Marina Morla-González, Clara Moya-Guillem, Janet Delgado & Alberto Molina-Pérez - 2021 - Revista General de Derecho Público Comparado 29.
    Several European countries are approving legislative reforms moving to a presumed consent system in order to increase organ donation rates. Nevertheless, irrespective of the consent system in force, family's decisional capacity probably causes a greater impact on such rates. In this contribution we have developed a systematic methodology in order to analyse and compare European organ procurement laws, and we clarify the weight given by each European law to relatives' decisional capacity over individual's preferences (expressed or not while alive) regarding (...)
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