Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
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. …
The Vagaries Of Informed Consent, George P. Smith Ii
The Vagaries Of Informed Consent, George P. Smith Ii
Scholarly Articles
The purpose of this Article is to probe the foundations and applications of informed consent in a variety of situations and thereby test its validity. The conclusion to be drawn from this analysis is that while the doctrine has yet to become an integral part of the ethos of medicine, it still provides an important mechanism for maintaining a purposeful discourse between physician and patient and, as such, nurturing and preserving their essential partnership of healing and trust.