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Full-Text Articles in Law

The Patient, The Doctor, The Fetus, And The Court-Compelled Cesarean: Why Courts Should Address The Question Through A Bioethical Lens, Thomas Williams Jan 2006

The Patient, The Doctor, The Fetus, And The Court-Compelled Cesarean: Why Courts Should Address The Question Through A Bioethical Lens, Thomas Williams

Articles in Law Reviews & Other Academic Journals

Court-ordered Cesarean sections are a relatively recent phenomenon in the intersection of law and medicine. Existing jurisprudence utilizes a legal balancing test when addressing conflicts that arise between physicians and patients regarding obstetrical treatment and care. The authors contend that courts' analyses lack a fundamental element - a bioethical framework. Therefore, the authors believe that in order to better assess such conflicts, courts should incorporate a bioethical framework such as the Georgetown mantra to help complement their legal analyses.


What Does Social Justice Require For The Public’S Health? Public Health Ethics And Policy Imperatives, Lawrence O. Gostin, Madison Powers Jan 2006

What Does Social Justice Require For The Public’S Health? Public Health Ethics And Policy Imperatives, Lawrence O. Gostin, Madison Powers

Georgetown Law Faculty Publications and Other Works

Justice is so central to the mission of public health that it has been described as the field's core value. Our account of justice stresses the fair disbursement of common advantages and sharing of common burdens. It captures the twin moral impulses that animate public health: to advance human well-being by improving health and to do so particularly by focusing on the needs of the most disadvantaged. This commentary explores how social justice sheds light on major ongoing controversies in the field, and it provides examples of the kinds of policies that public health agencies guided by a robust conception …