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Full-Text Articles in Bioethics and Medical Ethics
“Just Say No!”: The Right To Refuse Psychotropic Medication In Long-Term Care Facilities, George P. Smith Ii
“Just Say No!”: The Right To Refuse Psychotropic Medication In Long-Term Care Facilities, George P. Smith Ii
Scholarly Articles
This Article examines the provisions of The Omnibus Budget Reconciliation Act of 1987 (OBRA '87) surveying the case law as such that deals with the rights of patients in mental institutions to refuse psychotropic medication. The article focuses first on an analysis of the different substantive and procedural rights afforded to patients under state common law, state constitutions and the federal Constitution. It then proceeds to evaluate the impact of OBRA '87 on the rights of long-term care patients who refuse medication and choose to accept minimal administrative hearings instead of pursuing full judicial proceedings designed to protect those rights. …
Futility And The Principle Of Medical Futility: Safeguarding Autonomy And The Prohibition Against Cruel And Unusual Punishment, George P. Smith Ii
Futility And The Principle Of Medical Futility: Safeguarding Autonomy And The Prohibition Against Cruel And Unusual Punishment, George P. Smith Ii
Scholarly Articles
Administering futile medical treatment is tantamount to inflicting cruel and unusual punishment on a patient and an abridgement of his rights of self-determination. It is incumbent upon physicians to recognize that they should accept the imposition of an affirmative legal, professional, moral and ethical duty not to prescribe a modality of treatment that falls clearly within the scope of being considered futile, freakish, or tortious under the provisions of Eighth Amendment to the Constitution. When medical treatment is classified as "futile," it frees the physician from any duty to provide treatment. While most reasonable persons agree with this proposition, much …
The Legal Dilemma Of Partner Notification During The Hiv Epidemic, Raymond C. O'Brien
The Legal Dilemma Of Partner Notification During The Hiv Epidemic, Raymond C. O'Brien
Scholarly Articles
No abstract provided.
Death Be Not Proud: Medical, Ethical And Legal Dilemmas In Resource Allocation, George P. Smith Ii
Death Be Not Proud: Medical, Ethical And Legal Dilemmas In Resource Allocation, George P. Smith Ii
Scholarly Articles
No abstract provided.
Australia’S Frozen ‘Orphan’ Embryos: A Medical, Legal And Ethical Dilemma, George P. Smith Ii
Australia’S Frozen ‘Orphan’ Embryos: A Medical, Legal And Ethical Dilemma, George P. Smith Ii
Scholarly Articles
The central issues raised here are whether the two frozen embryos have a legal right to 1) live and be implanted in a surrogate mother, and, when and if they are born, 2) assert inheritance rights in the Rios' estate. Equally important is the question of the extent to which research into the new reproductive technologies should be allowed or restricted.