附註:Includes bibliographical references and index.
Medical Ethics and Medical Jurisprudence: The Conceptual Landscape -- A Historical Perspective on the Relationship Between Law and Morality -- Law and the Physician-Patient Relationship: Informed Consent in Theory and practice -- From Autonomy to Prospective Autonomy: Advance Directives in Bioethics, Law and Public Policy -- Constitutional Liberty and Privacy: The Supreme Court and the Physician-Patient Relationship -- The dance of Intimacy: Abortion, Medical Ethics and the Constitution -- Death, Dying, and the Responsibility of the Ethical Physician -- The New Synergy -- Bioethics in Court -- Lessons Learned and Prospects for the Future of Medical Jurisprudence and Bioethics.
摘要:The relationship between law and bioethics and the influence of both on medical research and clinical practice is a topic that is often mentioned but rarely subjected to sustained critical analysis. This book considers a number of issues in medicine in which the influence of the law has been most profound and positive including: informed consent; advance directives; constitutional liberties and privacy; standards for pain management and end-of-life care. The book provides important background material on significant legal and philosophical concepts, terms and principle necessary to an understanding of the legal process and ethical analysis. This work establishes the role of law in medicine and bioethics as being positive and its continuing involvement in the rights of research subjects and patients as a necessity. , "The perspective of this book is that, at least from the standpoint of the patient and the research subject, the law has had a decidedly positive influence on medical practice and research. The very concept of informed consent - in clinical practice and human subjects research - was developed and imposed upon those engaged in these medical enterprises by courts. As a result, the very model of the physician-patient relationship was transformed from one of paternalism to one of shared decision making. In other words, through the law the patient was given not merely a voice, but the ultimate authority in determining what may be done by health care professionals in both practice and research settings. Informed consent is the handmaiden of individual autonomy, which became a full-fledged principle of medical ethics only after it had become a principle of medical jurisprudence. Similarly, the concept of prospective autonomy, through which an individual can have an authoritative voice in future health care decisions at a time when he or she has lost decisional capacity, only became a viable concept once legislatures and courts recognized the moral and legal authority of advance directives."--Pages vii-viii.
