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  1. Revisiting respect for persons: conceptual analysis and implications for clinical practice.Supriya Subramani & Nikola Biller-Andorno - 2022 - Medicine, Health Care and Philosophy 25 (3):351-360.
    In everyday conversations, professional codes, policy debates, and academic literature, the concept of respect is referred to frequently. Bioethical arguments in recent decades equate the idea of respect for persons with individuals who are capable of autonomous decision-making, with the focus being explicitly on ‘autonomy,’ ‘capacity,’ or ‘capability.’ In much of bioethics literature, respect for persons is replaced by respect for autonomy. Though the unconditional respect for persons and their autonomy (irrespective of actual decision-making capacity) is established in Kantian bioethics, (...)
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  • Why the BMA guidance on CANH is dangerous.Rosemarie Anthony-Pillai - 2019 - Journal of Medical Ethics 45 (10):690-690.
    This personal view draws attention to the lack of regard, given by the BMA in its new guidance, to the symptomatic benefit of clinically assisted nutrition and hydration in patients who are not imminently dying. This article aims to identify how ignoring symptomatic benefit is a serious oversight and cause for concern given that this document, endorsed by the General Medical Council and courts, is created with the purpose of providing a framework for best interests decision-making. The new BMA guidance (...)
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  • Commentary on Charles Foster’s ‘The rebirth of medical paternalism: an NHS Trust v Y’.Derick T. Wade - 2019 - Journal of Medical Ethics 45 (1):8-9.
    Professor Charles Foster1 argues that the recent decision by the Supreme Court2 on the process of making decisions about medical treatment in people who lack capacity due to a prolonged disorder of consciousness is fostering medical paternalism. He considers that the judgment shows ‘ deference to the guidelines of various organisations ’ and then that ‘ The guidance has effectively become a definitive statement of the relevant obligations,’ concluding that ‘ This usurps the function of the law.’ Healthcare teams make (...)
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  • The Social Construction of Incompetency: Moving Beyond Embedded Paternalism Toward the Practice of Respect.Supriya Subramani - 2020 - Health Care Analysis 28 (3):249-265.
    This article illustrates the less-acknowledged social construction of the concept of ‘incompetency’ and draws attention to the moral concerns it raises in health care encounters in the south Indian city of Chennai. Based on data drawn from qualitative research, this study suggests that surgeons subjectively construct the idea of incompetency through their understanding of the perceived circumstantial characteristics of the patients and family members they serve. The findings indicate that surgeons often underestimate patients and family members’ capacity based on constructed (...)
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  • Grounded ethical analysis.John McMillan - 2019 - Journal of Medical Ethics 45 (1):1-2.
    There’s no doubt that medical ethics should be ‘grounded’, in the sense that it aims to make a practical, normative contribution to significant ethical issues in medicine. There are a number of ways in which ethics can do that, two of which feature in this issue of the Journal of Medical Ethics. One way is by responding to significant new policy or legal developments that will have an impact on clinical practice. This issue discusses two legal developments that matter to (...)
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