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  1. Appreciation and emotion: Theoretical reflections on the Macarthur treatment competence study.Louis C. Charland - 1998 - Kennedy Institute of Ethics Journal 8 (4):359-376.
    When emotions are mentioned in the literature on mental competence, it is generally because they are thought to influence competence negatively; that is, they are thought to impede or compromise the cognitive capacities that are taken to underlie competence. The purpose of the present discussion is to explore the possibility that emotions might play a more positive role in the determination of competence. Using the MacArthur Treatment Competence Study as an example, it is argued that appreciation, a central theoretical concept (...)
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  • Phenomenology and its application in medicine.Havi Carel - 2010 - Theoretical Medicine and Bioethics 32 (1):33-46.
    Phenomenology is a useful methodology for describing and ordering experience. As such, phenomenology can be specifically applied to the first person experience of illness in order to illuminate this experience and enable health care providers to enhance their understanding of it. However, this approach has been underutilized in the philosophy of medicine as well as in medical training and practice. This paper demonstrates the usefulness of phenomenology to clinical medicine. In order to describe the experience of illness, we need a (...)
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  • The ethics of consent during labour and birth: episiotomies.Marit van der Pijl, Corine Verhoeven, Martine Hollander, Ank de Jonge & Elselijn Kingma - 2023 - Journal of Medical Ethics 49 (9):611-617.
    Unconsented episiotomies and other procedures during labour are commonly reported by women in several countries, and often highlighted in birth activism. Yet, forced caesarean sections aside, the ethics of consent during labour has received little attention. Focusing on episiotomies, this paper addresses whether and how consent in labour should be obtained. We briefly review the rationale for informed consent, distinguishing its intrinsic and instrumental relevance for respecting autonomy. We also emphasise two non-explicit ways of giving consent: implied and opt-out consent. (...)
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  • Emotion and Value in the Evaluation of Medical Decision-Making Capacity: A Narrative Review of Arguments.Helena Hermann, Manuel Trachsel, Bernice S. Elger & Nikola Biller-Andorno - 2016 - Frontiers in Psychology 7:197511.
    ver since the traditional criteria for medical decision-making capacity (understanding, appreciation, reasoning, evidencing a choice) were formulated, they have been criticized for not taking sufficient account of emotions or values that seem, according to the critics and in line with clinical experiences, essential to decision-making capacity. The aim of this paper is to provide a nuanced and structured overview of the arguments provided in the literature emphasizing the importance of these factors and arguing for their inclusion in competence evaluations. Moreover, (...)
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  • How is informed consent related to emotions and empathy? An exploratory neuroethical investigation.Alexander Supady, Antonie Voelkel, Joachim Witzel, Udo Gubka & Georg Northoff - 2011 - Journal of Medical Ethics 37 (5):311-317.
    Context Informed consent is crucial in daily clinical practice and research in medicine and psychiatry. A recent neuroethical investigation explored the psychological factors that are crucial in determining whether or not subjects give consent. While cognitive functions have been shown to play a central role, the impact of empathy and emotions on subjects' decisions in informed consent remains unclear. Objective To evaluate the impact of empathy and emotions on subjects' decision in informed consent in an exploratory study. Design Decisional capacity (...)
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  • Shame and HIV: Strategies for addressing the negative impact shame has on public health and diagnosis and treatment of HIV.Phil Hutchinson & Rageshri Dhairyawan - 2017 - Bioethics 32 (1):68-76.
    There are five ways in which shame might negatively impact upon our attempts to combat and treat HIV. Shame can prevent an individual from disclosing all the relevant facts about their sexual history to the clinician. Shame can be a motivational factor in people living with HIV not engaging with or being retained in care. Shame can prevent individuals from presenting at clinics for STI and HIV testing. Shame can prevent an individual from disclosing their HIV status to new sexual (...)
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