Standard of Care: The Law of American Bioethics
- ISBN-10
- 019512006X
- ISBN-13
- 9780195120066
- Category
- Law
- Pages
- 308
- Language
- English
- Published
- 1997
- Publisher
- Law of American Bioethics
- Author
- George J. Annas
Description
American law, not philosophy or medicine, is the major force shaping American bioethics. This is both because law at its best fosters individual rights, equality, and justice, and because violation of the legal duty or "standard of care" a physician owes a patient can lead to a malpractice suit. The law has therefore had two conflicting impacts on medical ethics: the positive effect of eroding paternalism and replacing it with a patient-centered ethic; and the negative effect of encouraging physicians to be more concerned with avoiding litigation than doing the "right" thing. Standard of Care explores the fundamental value conflicts confronting medicine and society by examining courtroom resolutions of real bioethical disputes, often of constitutional dimension. This case-based approach, which ranges from abortion to euthanasia, from AIDS to organ transplantation, from genetic research to the artificial heart and rationing, illuminates the value choices with which the power (and impotence) of medicine confronts us. George Annas urges health care professionals to go beyond the minimalist legal "standard of care" by promoting a vigorous, patient-centered medical ethics based on respect for human rights and responsibility to both patients and society. If modern medicine is to enhance human life, a reconceptualization of law as the beginning of ethical discourse, rather than as an instrument to end it, is essential. Such a discourse could enrich all our lives by helping us to articulate both a national and international agenda for human rights in health.
Get the book
Similar books
-
Property Law: Rules, Policies, and Practices
By Joseph William Singer, Bethany R. Berger, Nestor M. DavidsonSee also Country Community Timberlake Village v. HMW Special Utility District of Harris, 438 S.W.3d 661 (Tex. Ct. App. 2014) (holding that a neighboring ...
-
Entertainment Law and Business
By William D. Henslee, Elizabeth HensleeAfter Justin Timberlake exposed Janet Jackson's pierced nipple on national television for 9/16ths of a second, the FCC received over 540,000 complaints.
-
The Common Law in Colonial America: Volume III: The Chesapeake and New England, 1660-1750
By William E. NelsonVolume III: The Chesapeake and New England, 1660-1750 William E. Nelson ... Decision of Law, Surry County Ct. 1673/74, in Eliza Timberlake Davis ed., ...
-
The Indiana State Constitution
By William P. McLauchlanE. Edwards v. California, 314 U.S. 160 (1941), 66 Edwards v. Housing Authority of City of ... Timberlake, 148 Ind. 38,46 N.E.339 (1897), 69,70 Graves v.
-
Child Support Guidelines: Interpretation and Application
By Laura W. MorganFitzgerald, 4.08[B][2], 5.05[D] Fitzgerald v. ... Mastrapa-Font, 7.03[A][3] Fontaine, In re, 5.05[D] Fontenette v. ... Frost, 5.05[A] Formato v.
-
Maritime Fraud and Piracy
By Paul ToddThe sole remedy is avoidance, however; damages cannot be claimed under s. ... 17, it places a great deal of power in the hands of insurance companies to ...
-
Principles of the Carriage of Goods by Sea
By Paul ToddNormally, a mate«s receipt would later be given up for a bill of lading, ... they necessarily prejudice the rights of those who deal in the goods ...
-
Maryland Employment Law
By Stanley Mazaroff, Todd Horn27 257 U.S. 184, 42 S. Ct. 72, 66 L. Ed. 189 (1921). ... 38 Argensinger, “Right to Strike”: Labor Organization and the New Deal in Baltimore, 78 MD . HIST .
-
Contract Law in New Zealand
By Stephen Todd, Jeremy Finn704 Contract and Commercial Law Act 2017, s. 80. 705 Leith v. Gould [1986] 1 NZLR 760. It is not clear how a New Zealand court would deal with a case such ...
-
Tort Law in New Zealand
By Stephen Todd... to meet the reasonable expectations of claimants about how the corporation should deal with them, by, inter alia, ... 7 Treaty of Waitangi Act 1975, s.