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Resolving ethical dilemmas: a guide for clinicians

Baltimore: Williams & Wilkins (1994)

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  1. Colloquy.Gerald P. Koocher, Thomas G. Plante, James M. DuBois, Simon Shimshon Rubin, Armin Paul Thies & Mary Marple Thies - 2004 - Ethics and Behavior 14 (1):65-87.
    This article examines the clergy sexual abuse crisis in the Roman Catholic Church from an ethical point of view. The article uses the RRICC values model of ethical decision making (i.e., responsibility, respect, integrity, competence, concern) to review the behavior of Catholic bishops and other religious superiors as they have tried to manage clergy sex offenders and their victims. Hopefully, the recent press attention and resulting policy changes on these matters from the U.S. Council of Catholic Bishops will increase the (...)
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  • Beneficent Deception: Whose Best Interests Are We Serving?Connie Ulrich & Christine Grady - 2004 - American Journal of Bioethics 4 (4):76-77.
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  • Informed consent and ECT: how much information should be provided?Robert Torrance - 2015 - Journal of Medical Ethics 41 (5):371-374.
    Obtaining informed consent before providing treatment is a routine part of modern clinical practice. For some treatments, however, there may be disagreement over the requirements for ‘informed’ consent. Electroconvulsive therapy (ECT) is one such example. Blease argues that patients ‘should surely be privy to the matters of fact that: (1) there is continued controversy over the effectiveness of ECT; (2) there is orthodox scientific consensus that there is currently _no_ acknowledged explanation for ECT and (3) there is a serious (mainstream) (...)
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  • The Moral Domain of the Medical Record: The Routine Ethics Evaluation.Alfred I. Tauber - 2006 - American Journal of Bioethics 6 (4):W1-W16.
    The structure, content, and orientation of the contemporary medical record inadequately reflect the appropriate influence of patients' rights and bioethics on health care. Most tellingly, the medical chart reveals a remarkable absence of attention to medical ethics, except in the case of crisis management. But medical ethics informs both crisis decision-making and virtually all clinical interventions. Indeed, clinical care embodies a complex array of choices influenced by individual and cultural values, themselves reflecting religious beliefs, personal histories, psychologies, and social mores. (...)
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  • Centering Patients, Revealing Structures: The Health Humanities Portrait Approach.Sandy Sufian, Michael Blackie, Joanna Michel & Rebecca Garden - 2020 - Journal of Medical Humanities 41 (4):459-479.
    This paper introduces an innovative curricular approach—the Health Humanities Portrait Approach —and its pedagogical tool—the Health Humanities Portrait. Both enable health professions learners to examine pressing social issues that shape, and are shaped by, experiences of health and illness. The Portrait Approach is grounded in a set of “critical portraiture” principles that foster humanities-driven analytical skills. The HHP’s architecture is distinctively framed around a pressing social theme and utilizes a first-person narrative and scholarship to explore how the dimensions of the (...)
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  • Residency education in clinical ethics and professionalism: Not just what, but when, where, and how ought residents be taught?Jeffrey P. Spike - 2006 - American Journal of Bioethics 6 (4):23 – 25.
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  • Ethical Theories Used by Neurosurgery Residents to Make Decisions in Challenging Cases of Medical Ethics.Sahar Sobhani, Anoosheh Ghasemian, Farshad Farzadfar, Hosein Mashhadinejad & Bahram Hejrani - 2016 - Neuroethics 9 (3):253-261.
    Neurosurgeons have an especially high rate of exposure to serious ethical challenges in their line of work. The aim of this study was to assess the type and frequency of ethical theories used by neurosurgery residents to make extra- ethical decisions in challenging situations and their relation with the level of residency, and curricular training about medical ethics. A total of 12 neurosurgery residents in Mashhad University of Medical Sciences were interviewed; all the participants were male and aged 29–40 years (...)
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  • Criteria for determining the appropriate method for an ethics consultation.Martin L. Smith, Annette K. Bisanz, Ana J. Kempfer, Barbie Adams, Toya G. Candelari & Roxann K. Blackburn - 2004 - HEC Forum 16 (2):95-113.
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  • Do We Need Rights in Bioethics Discourse?Julius Sim - 2020 - Journal of Medicine and Philosophy 45 (3):312-331.
    Moral rights feature prominently and are relied on substantially in debates in bioethics. Conceptually, however, duties can perform the logical work of rights, but not vice versa, and reference to rights is therefore inessential. Normatively, rights, like duties, depend on more basic moral values or principles, and attempts to establish the logical priority of rights over duties or the reverse are misguided. In practical decision making, however, an analysis in terms of duties is more fruitful than one based on rights. (...)
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  • Ethische Aspekte der künstlichen Ernährung bei nichteinwilligungsfähigen Patienten.Dr Phil Alfred Simon - 2004 - Ethik in der Medizin 16 (3):217-228.
    Der Beitrag untersucht mögliche Kriterien für die normative Bewertung der künstlichen Ernährung bei nichteinwilligungsfähigen Patienten. Der in der aktuellen Diskussion immer wieder unternommene Versuch, den verpflichtenden Charakter bestimmter Formen der Ernährung aufgrund ihrer Zuordnung zu den Kategorien „Basisbetreuung“ oder „Remedia ordinaria“ zu begründen, erweist sich als naturalistischer Fehlschluss. Die Rechtfertigung der künstlichen Nahrungs- und Flüssigkeitszufuhr setzt vielmehr—wie die jeder anderen medizinischen Maßnahme—voraus, dass ihre Durchführung medizinisch begründet und vom Patienten gewollt ist. Dies trifft grundsätzlich auch auf den nicht mehr einwilligungsfähigen (...)
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  • Deciding for a child: a comprehensive analysis of the best interest standard. [REVIEW]Erica K. Salter - 2012 - Theoretical Medicine and Bioethics 33 (3):179-198.
    This article critically examines, and ultimately rejects, the best interest standard as the predominant, go-to ethical and legal standard of decision making for children. After an introduction to the presumption of parental authority, it characterizes and distinguishes six versions of the best interest standard according to two key dimensions related to the types of interests emphasized. Then the article brings three main criticisms against the best interest standard: (1) that it is ill-defined and inconsistently appealed to and applied, (2) that (...)
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  • Consent by Survey: Losing Autonomy One Percentage Point at a Time.Alison Reiheld - 2007 - American Journal of Bioethics 7 (12):53-54.
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  • Review Essay: Practical Decision Making and Ethical Dilemmas.John Puma - 1996 - Journal of Law, Medicine and Ethics 24 (2):150-150.
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  • Review Essay: Practical Decision Making and Ethical Dilemmas.John Puma - 1996 - Journal of Law, Medicine and Ethics 24 (2):150-150.
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  • Genotype-Driven Recruitment Without Deception.Pilar Ossorio & Marsha Mailick - 2017 - American Journal of Bioethics 17 (4):60-61.
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  • Two models of mistake‐making in professional practice: moving out of the closet.Nancy Crigger - 2005 - Nursing Philosophy 6 (1):11-18.
    Nurses make mistakes in practice despite the culturally based expectation of perfection. Such a disparity between reality and expectation calls members of the profession to question the current attitudes toward mistakes in practice. Two explanatory models of the origin of mistakes are presented. The Perfectibility Model holds that any error or harm is caused by an individual practitioner's lack of knowledge or motivation. The Faulty Systems Model offers a broader explanation of human error. I conclude that a Faulty Systems Model (...)
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  • What Do Students Perceive as Ethical Problems? A Comparative Study of Dutch and Indonesian Medical Students in Clinical Training.Amalia Muhaimin, Derk Ludolf Willems, Adi Utarini & Maartje Hoogsteyns - 2019 - Asian Bioethics Review 11 (4):391-408.
    Previous studies show that medical students in clinical training face ethical problems that are not often discussed in the literature. In order to make teaching timely and relevant for them, it is important to understand what medical students perceive as ethical problems, as various factors may influence their perception, including cultural differences and working environment. The purpose of this qualitative study was to explore students’ perceptions of what an ethical problem is, during their clinical training in the hospital, and compare (...)
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  • When the law makes doors slightly open: ethical dilemmas among abortion service providers in Addis Ababa, Ethiopia.Emily McLean, Dawit Nima Desalegn, Astrid Blystad & Ingrid Miljeteig - 2019 - BMC Medical Ethics 20 (1):1-10.
    In 2005, Ethiopia changed its abortion law to curb its high maternal mortality. This has led to a considerable reduction in deaths from unsafe abortions. Abortion is now legal if the woman’s pregnancy is a result of rape or incest, if her health is endangered, if the fetus has a serious deformity, if she suffers from a physical or mental deficiency, or if she is under 18 years of age. The word of the woman, if in compliance with the law, (...)
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  • Revive and Refuse: Capacity, Autonomy, and Refusal of Care After Opioid Overdose.Kenneth D. Marshall, Arthur R. Derse, Scott G. Weiner & Joshua W. Joseph - 2023 - American Journal of Bioethics 24 (5):11-24.
    Physicians generally recommend that patients resuscitated with naloxone after opioid overdose stay in the emergency department for a period of observation in order to prevent harm from delayed sequelae of opioid toxicity. Patients frequently refuse this period of observation despiteenefit to risk. Healthcare providers are thus confronted with the challenge of how best to protect the patient’s interests while also respecting autonomy, including assessing whether the patient is making an autonomous choice to refuse care. Previous studies have shown that physicians (...)
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  • What the HEC-C? An Analysis of the Healthcare Ethics Consultant-Certified Program: One Year in.Janet Malek, Sophia Fantus, Andrew Childress & Claire Horner - 2020 - American Journal of Bioethics 20 (3):9-18.
    Efforts to professionalize the field of bioethics have led to the development of the Healthcare Ethics Consultant-Certified (HEC-C) Program intended to credential practicing healthcare ethics consultants (HCECs). Our team of professional ethicists participated in the inaugural process to support the professionalization efforts and inform our views on the value of this credential from the perspective of ethics consultants. In this paper, we explore the history that has led to this certification process, and evaluate the ability of the HEC-C Program to (...)
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  • The Impact of Web 2.0 on the Doctor-Patient Relationship.Bernard Lo & Lindsay Parham - 2010 - Journal of Law, Medicine and Ethics 38 (1):17-26.
    Web 2.0 innovations may enhance informed patient decision-making, but also raise ethical concerns about inaccurate or misleading information, damage to the doctor-patient relationship, privacy and confidentiality, and health disparities. To increase the benefits and decrease the risks of these innovations, we recommend steps to help patients assess the quality of health information on the Internet; promote constructive doctor-patient communication about new information technologies; and set standards for privacy and data security in patient-controlled health records and for point-of-service advertising.
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  • Ethical decision making in dental education: a preliminary study.Mehmet İlgüy, Dilhan İlgüy & İnci Oktay - 2015 - BMC Medical Ethics 16 (1):1-6.
    BackgroundIn terms of ethical decision making, every clinical case, when seen as an ethical problem, may be analyzed by means of four topics: medical indications, patient preferences, quality of life, contextual features. The aim of this study was to compare the performance of 4th year dental students on Ethical Decision Making before and after a course on ethics.MethodsFourth year dental students from academic year 2013–2014 participated in the study. A 3-h lecture, which was about four topics approach to clinical ethical (...)
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  • A defense of unqualified medical confidentiality.Kenneth Kipnis - 2006 - American Journal of Bioethics 6 (2):7 – 18.
    It is broadly held that confidentiality may be breached when doing so can avert grave harm to a third party. This essay challenges the conventional wisdom. Neither legal duties, personal morality nor personal values are sufficient to ground professional obligations. A methodology is developed drawing on core professional values, the nature of professions, and the justification for distinct professional obligations. Though doctors have a professional obligation to prevent public peril, they do not honor it by breaching confidentiality. It is shown (...)
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  • Breach of confidentiality: unintentional common practice due to misunderstanding and unawareness.Mohammad Waseem Khan - 2012 - Bangladesh Journal of Bioethics 2 (3):16-18.
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  • Which medical error to disclose to patients and by whom? Public preference and perceptions of norm and current practice.Muhammad M. Hammami, Sahar Attalah & Mohammad Al Qadire - 2010 - BMC Medical Ethics 11 (1):17.
    Disclosure of near miss medical error (ME) and who should disclose ME to patients continue to be controversial. Further, available recommendations on disclosure of ME have emerged largely in Western culture; their suitability to Islamic/Arabic culture is not known.
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  • Considerations for applying bioethics norms to a biopharmaceutical industry setting.Wendell Fortson, Kathleen Novak Stern, Curtis Chang, Angela Rossetti, Ariella Kelman, Michael Turik, Donald G. Therasse, Tatjana Poplazarova & Luann E. Van Campen - 2021 - BMC Medical Ethics 22 (1).
    BackgroundThe biopharmaceutical industry operates at the intersection of life sciences, clinical research, clinical care, public health, and business, which presents distinct operational and ethical challenges. This setting merits focused bioethics consideration to complement legal compliance and business ethics efforts. However, bioethics as applied to a biopharmaceutical industry setting often is construed either too broadly or too narrowly with little examination of its proper scope.Main textAny institution with a scientific or healthcare mission should engage bioethics norms to navigate ethical issues that (...)
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  • Subsequent Consent and Blameworthiness.Jason Chen - 2020 - HEC Forum 32 (3):239-251.
    Informed consent is normally understood as something that a patient gives prior to a medical intervention that can render it morally permissible. Whether or not it must be given prior to the intervention is debated. Some have argued that subsequent consent—that is, consent given after a medical intervention—can also render an otherwise impermissible act permissible. If so, then a patient may give her consent to an intervention that has already been performed and thereby justify a physician’s act retroactively. The purpose (...)
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  • Bioethicist as Partisan Ideologue.Mark J. Cherry - 2021 - American Journal of Bioethics 21 (6):22-25.
    Power tends to corrupt and absolute power corrupts absolutely. To be clear, I do not think that blood transfusions necessarily...
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  • Whose harm? Which metaphysic?Abram Brummett - 2019 - Theoretical Medicine and Bioethics 40 (1):43-61.
    Douglas Diekema has argued that it is not the best interest standard, but the harm principle that serves as the moral basis for ethicists, clinicians, and the courts to trigger state intervention to limit parental authority in the clinic. Diekema claims the harm principle is especially effective in justifying state intervention in cases of religiously motivated medical neglect in pediatrics involving Jehovah’s Witnesses and Christian Scientists. I argue that Diekema has not articulated a harm principle that is capable of justifying (...)
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  • What is the appropriate role of reason in secular clinical ethics? An argument for a compatibilist view of public reason.Abram Brummett - 2021 - Medicine, Health Care and Philosophy 24 (2):281-290.
    This article describes and rejects three standard views of reason in secular clinical ethics. The first, instrumental reason view, affirms that reason may be used to draw conceptual distinctions, map moral geography, and identify invalid forms of argumentation, but prohibits recommendations because reason cannot justify any content-full moral or metaphysical commitments. The second, public reason view, affirms instrumental reason, and claims ethicists may make recommendations grounded in the moral and metaphysical commitments of bioethical consensus. The third, comprehensive reason view, also (...)
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  • Secular Clinical Ethicists Should Not Be Neutral Toward All Religious Beliefs: An Argument for a Moral-Metaphysical Proceduralism.Abram L. Brummett - 2021 - American Journal of Bioethics 21 (6):5-16.
    Moral pluralism poses a foundational problem for secular clinical ethics: How can ethical dilemmas be resolved in a context where there is disagreement not only on particular cases, but further, on...
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  • Phenomenology, Saudi Arabia, and an argument for the standardization of clinical ethics consultation.Abram Brummett & Ruaim Muaygil - 2021 - Philosophy, Ethics and Humanities in Medicine 16 (1):1-9.
    BackgroundThe purpose of this study is to make a philosophical argument against the phenomenological critique of standardization in clinical ethics. We used the context of clinical ethics in Saudi Arabia to demonstrate the importance of credentialing clinical ethicists.MethodsPhilosophical methods of argumentation and conceptual analysis were used.ResultsWe found the phenomenological critique of standardization to be flawed because it relies on a series of false dichotomies.ConclusionsWe concluded that the phenomenological framing of the credentialing debate relies upon two extreme views to be navigated (...)
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  • Defending secular clinical ethics expertise from an Engelhardt-inspired sense of theoretical crisis.Abram Brummett - 2022 - Theoretical Medicine and Bioethics 43 (1):47-66.
    The national standards for clinical ethics consultation set forth by the American Society for Bioethics and Humanities endorse an “ethics facilitation” approach, which characterizes the role of the ethicist as one skilled at facilitating consensus within the range of ethically acceptable options. To determine the range of ethically acceptable options, ASBH recommends the standard model of decision-making, which is grounded in the values of autonomy, beneficence, nonmaleficence, and justice. H. Tristram Engelhardt Jr. has sharply criticized the standard model for presuming (...)
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  • Casuistry: On a Method of Ethical Judgement in Patient Care.Bernhard Bleyer - 2020 - HEC Forum 32 (3):211-226.
    The article is dedicated to the application questions of a case study method known as casuistry. In its long tradition, it focuses on an influential variant of the early modern period and reconstructs its functionality. In the course of reading recent receptions, it is noted that some studies speak of a “casuistic revival” in moral case deliberation in health care. As a result of this revival, casuistry has been modified in such a way that it guides case discussions in practice (...)
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  • Recent Developments in Health Care Law: Partners in Innovation. [REVIEW]Roberta M. Berry, Lisa Bliss, Sylvia Caley, Paul A. Lombardo, Jerri Nims Rooker, Jonathan Todres & Leslie E. Wolf - 2010 - HEC Forum 22 (2):85-116.
    This article reviews recent developments in health care law, focusing on the engagement of law as a partner in health care innovation. The article addresses: the history and contents of recent United States federal law restricting the use of genetic information by insurers and employers; the recent federal policy recommending routine HIV testing; the recent revision of federal policy regarding the funding of human embryonic stem cell research; the history, current status, and need for future attention to advance directives; the (...)
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  • Avoiding Family Feuds: Responding to Surrogate Demands for Life-Sustaining Interventions.Ann Alpers Bernard Lo - 1999 - Journal of Law, Medicine and Ethics 27 (1):74-80.
    The laws and ethical guidelines governing decision making for incompetent patients evolved from controversies in which family members refused life-sustaining interventions. These cases led to a consensus that advance directives to limit interventions should be respected and that a surrogate designated by the patient or specified by statute could refuse interventions, even when other relatives disagreed. Surrogate decision-making statutes and ethical principles about respect for delegated autonomy promote an active role for family members or other surrogates in medical decisions for (...)
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  • Avoiding Family Feuds: Responding to Surrogate Demands for Life-Sustaining Interventions.Ann Alpers Bernard Lo - 1999 - Journal of Law, Medicine and Ethics 27 (1):74-80.
    The laws and ethical guidelines governing decision making for incompetent patients evolved from controversies in which family members refused life-sustaining interventions. These cases led to a consensus that advance directives to limit interventions should be respected and that a surrogate designated by the patient or specified by statute could refuse interventions, even when other relatives disagreed. Surrogate decision-making statutes and ethical principles about respect for delegated autonomy promote an active role for family members or other surrogates in medical decisions for (...)
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  • Violence, research, and non-identity in the psychiatric clinic.Michelle Bach - 2018 - Theoretical Medicine and Bioethics 39 (4):283-299.
    Violence in psychiatric clinics has been a consistent problem since the birth of modern psychiatry. In this paper, I examine current efforts to understand and reduce both violence and coercive responses to violence in psychiatry, arguing that these efforts are destined to fall short. By and large, scholarship on psychiatric violence reduction has focused on identifying discrete factors that are statistically associated with violence, such as patient demographics and clinical qualities, in an effort to quantify risk and predict violent acts (...)
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  • Acceptability, Equality, and Equity: A Fair Allocation Model for Scarce Healthcare Resources During Pandemics and Natural Disasters.Ercan Avci - 2022 - Türkiye Biyoetik Dergisi 8 (3):135-143.
    INTRODUCTION: The COVID-19 pandemic has necessitated revisiting the matter of allocating scarce healthcare resources. During pandemics and natural disasters, applying certain allocation methods is inevitable due to an uncontrollable surge in the need for scarce resources, and those methods should distribute potential benefits and burdens according to the principle of justice. This article briefly studies four allocation models and proposes a new approach to maximize total benefits with social and ethical acceptability, equality, and equitability. For accomplishing that goal, the Acceptability, (...)
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  • Development and validation of an instrument to measure physician awareness of bioethics and medical law in Oman.Abdullah S. Al-Mujaini, Mohammed Al-Alawi, Nadiya S. Al-Kharousi, Nusaiba A. Al-Mawali, Maryam K. Al-Rawahi, Yahya M. Al-Farsi, Samir Al-Adawi, Anuradha Ganesh & Ahmed S. Al-Busaidi - 2021 - BMC Medical Ethics 22 (1):1-11.
    BackgroundA different ethos with respect to the perception of medical ethics prevails in societies in transition such as those in the Arabian Peninsula, which makes it difficult to apply international principles of bioethics in medical practice. This study aimed to develop and psychometrically test an instrument that measures physicians’ awareness of bioethics and medical law and their attitudes towards the practice of medical ethics. Additionally, it examined physician correlates influencing the awareness of bioethics.MethodsFollowing a rigorous review of relevant literature by (...)
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  • Attitudes of physicians and patients towards disclosure of genetic information to spouse and first-degree relatives: a case study from Turkey.Aslihan Akpinar & Nermin Ersoy - 2014 - BMC Medical Ethics 15 (1):39.
    When considering the principle of medical confidentiality, disclosure of genetic information constitutes a special case because of the impact that this information can have on the health and the lives of relatives. The aim of this study is to explore the attitudes of Turkish physicians and patients about sharing information obtained from genetic tests.
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  • Defining futile life-prolonging treatments through Neo-Socratic Dialogue.Kuniko Aizawa, Atsushi Asai & Seiji Bito - 2013 - BMC Medical Ethics 14 (1):51.
    In Japan, people are negative towards life-prolonging treatments. Laws that regulate withholding or discontinuing life-prolonging treatments and advance directives do not exist. Physicians, however, view discontinuing life-prolonging treatments negatively due to fears of police investigations. Although ministerial guidelines were announced regarding the decision process for end-of-life care in 2007, a consensus could not be reached on the definition of end-of-life and conditions for withholding treatment. We established a forum for extended discussions and consensus building on this topic.
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