Bioethics and Medical Ethics Commons^™

Procedural Due Process And Intramural Hospital Dispute Resolution Mechanisms: The Texas Advance Directives Act, Thaddeus Pope

Faculty Scholarship

Increasingly, clinicians and commentators have been calling for the establishment of special adjudicatory dispute resolution mechanisms to resolve intractable medical futility disputes. As a leading model to follow, policymakers both around the United States and around the world have been looking to the conflict resolution provisions in the 1999 Texas Advance Directives Act (TADA).

In this article, I provide a complete and thorough review of the purpose, history, and operation of TADA. I conclude that TADA is a commendable attempt to balance the competing goals of efficiency and fairness in the resolution of these time-sensitive, life-and-death conflicts. But TADA is …

Human Dignity As A Normative Standard Or As A Value In Global Health Care Decisionmaking, George P. Smith Ii

Scholarly Articles

Dignity is seen commonly as an ethical obligation owed to human persons. The dimensions of this obligation in today's post secular society, are -- however -- subject to wide discussion and debate; for, the term, human dignity, and its preservation, defies universal agreement. Yet, its preservation -- together with the prevention of indignity -- should be a guiding principle or at least a vector of force in a wide range of issues in health care management ranging from embryo research and assisted reproduction to biomedical enhancement, and the care of the disabled and the dying. In clinical medicine, safeguarding the …

Science As Speech, Natalie Ram

All Faculty Scholarship

In April 2015, researchers in China reported the successful genetic editing of human embryos using a new technology that promised to make gene editing easier and more effective than ever before. In the United States, the announcement drew immediate calls to regulate or prohibit
outright any use of this technology to alter human embryos, even for purely research purposes. The fervent response to the Chinese announcement was, in one respect, unexceptional. Proposals to regulate or prohibit scientific research following a new breakthrough occur with substantial frequency. Innovations in cloning technology and embryonic stem cell research have prompted similar outcries, and …

Repugnance Management And Transactions In The Body, Kieran Healy, Kimberly D. Krawiec

Faculty Scholarship

Researchers have made progress in understanding the role of repugnance in transactions involving the human body. Yet, often, the focus remains on exchange between individuals and how they mentally cope (or not) with repugnance. But these exchanges also entail a “vertical” dimension in which organizational and state actors both directly manage repugnance and also limit the repugnance management tools available to the marketplace. Analyzing repugnance and its management as an organizational and regulatory problem, in addition to an individual one, suggests that a single, harmonized system of exchange in bodily goods is unlikely to emerge with the passage of time.

Organ Entrepreneurs, Kieran Healy, Kimberly D. Krawiec

Faculty Scholarship

The supply of human organs for transplantation might seem an unlikely place to begin thinking about entrepreneurship. After all, there is no production market for human organs and, with the surprising exception of Iran, legal rules around the world make the sale of human organs for transplantation a criminal offense. Yet entrepreneurs have been present throughout the history of organ transplantation — a history of the active exploration, innovation, and management of a potentially very controversial exchange at the seemingly clear boundaries that separate giving from selling, life from death, and right from wrong.

This article explores the role of …

The Significance Of Injustice For Bioethics, Leslie P. Francis

Utah Law Faculty Scholarship

In my judgment, applied ethics is ineluctably non-ideal and partial compliance theory. It’s ethics in the context of unjust institutions and conduct. Theorizing or teaching about concepts such as autonomy in abstraction from this recognition is misleading. Instead, questions such as how to realize autonomy should be framed in the context of incomplete justice. There’s much to be learned from the past nearly 50 years of discussions of justice to help with this enterprise, but they are too little known or discussed in much contemporary bioethics.

Medical Futility And Religious Free Exercise, Teneille R. Brown

Utah Law Faculty Scholarship

A tragic scenario has become all too common in hospitals across the United States. Dying patients pray for medical miracles when their physicians think that continuing treatment would render no meaningful benefit. This situation is unfortunately referred to as “medical futility.” In these cases, physicians, who are less likely than their patients to rely on God as a means of coping with major illness, are at an impasse. Their patients request everything be done so that they can have more time for God to intervene, but in the physician’s professional experience, everything will probably do nothing. What is the physician …

Integrating A Code Of Professional Conduct And Ethics: An Action Research Approach, Ciara Kissane

Theses

A new version of the Code of Professional Conduct and Ethics for Registered Nurses and Registered Midwives (NMBI, 2014a) was published in 2014. A nurse’s fitness to practice, and the associated patient experience, is determined by the extent to which the nurse accords with the duties outlined in the Code. Professional misconduct among members of the nursing profession has been highlighted within recent reports and enquiries. The failure to act on unethical care is also a feature. The literature suggests that Codes are poorly understood and can be problematic to integrate in practice. This study sought to; explore the impact …

A Deliberate Departure: Making Physician-Assisted Suicide Comfortable For Vulnerable Patients, Browne C. Lewis

Law Faculty Articles and Essays

This Article is divided into four parts. Part I discusses the history and evolution of the "right to die movement" in the United States. The current legal landscape in the United States is examined in Part II. In Part III, I analyze some of the relevant ethical concerns caused by the availability of physician-assisted suicide. My analysis primarily focuses on the Oregon statutes because it is the oldest physician-assisted suicide law in the United States and has served as a model for laws in the United States and abroad. For example, Lord Falconer's Bill, which was defeated by the British …

Inform And Consent: More Than Just "Sign Here", Jody L. Madeira, Kathryn Coyne, Ami S. Jaeger Md, J. Preston Parry Md, Steven R. Lindheim Md

Articles by Maurer Faculty

No abstract provided.

Assisted Suicide, Valerie Ontiveros

Nebraska College Preparatory Academy: Senior Capstone Projects

Assisted suicide is when a physician helps a terminally ill patient die without pain. As of right now, it is illegal in most states. Organizations about this issue were organized in the late 1930's (Humphry). According to Pro-Con. Org, 79% of patients requested assisted suicide even before they came terminally ill –if it got to that point.

Many states have different laws on assisted suicide. In no doubt, these patients go through a tremendous amount of pain and no one but themselves should decide when enough is enough. Technological advances have allowed this generation to help aid a person when …

A Bioethics Tool For The Implementation Of Global Principles By The Pharmaceutical Industry, Daniel J. Hurst

Electronic Theses and Dissertations

Due to scandals of scientific misconduct, a climate of mistrust of science exists amongst the general public. This becomes of concern when we acknowledge that it is difficult for science and technology to flourish without broad societal trust. The pharmaceutical industry has often felt the brunt of such mistrust and has suffered many reputational setbacks over the past several years. Such reputational decline has a strong moral dimension, as it stems from issues such as the questionable conduct of clinical trials, pricing schemas, and access to medicines for low- or middle-income countries. The end product of such issues is the …

Emotions, Intuitions And Risk Perception In Critical Care, Oleksandr Dubov

Electronic Theses and Dissertations

The theory of decision-making as it applies to bioethics and healthcare assumes a rational decision maker: someone who knows all his alternatives, has clear preferences, can rank and weigh risks and benefits of an intervention, and always acts in his own best interests. However, the growing body of research from the field of decision science shows that, in reality, such a purely rational decision maker does not exist. Instead, patients are rational within personal or environmental constraints such as uncertainty or ambiguity in which non-rational approaches such as emotion and intuition are instrumental. This issue is particularly important in critical …

An Organizational Ethics Framework To Balance Individual Privacy And Population Interests Regarding Genetic Technologies, Christine Trani

Electronic Theses and Dissertations

The American culture holds the right to privacy as one of the most esteemed rights for individuals. As such, the culture adamantly defends the right to privacy to ensure individuals have the opportunity to live freely. In the American healthcare system, the right to privacy is critical for individual autonomy. However, genetic science has pushed this boundary as it emphasizes the interdependency between individual and population health. Genetic technologies for healthcare have been increasing at an exponential rate since the early 2000s. Their implantation into clinical care has been a slower process due to ethical dilemmas. Specifically, ethical dilemmas revolve …

Shapeless, Christopher W. Larrimore

be Still

Life extends beyond the boundaries we perceive, and it is through our actions that we are able to either explore or hide from our universal purpose. After completing gross anatomy lab, I learned that while the human body is complex and most impressive, human action is significantly greater. A cadaver can not walk away from a table, it can not speak a word, it was almost void of all purpose. Except that it is not. Because a decision was made to become a medical cadaver, this action created a dramatic impact on the lives of many medical students. An act …

The Challenge Of Enhancement & Adaptability In Healthcare: An Ethical Framework For Organizations, Gary Edwards

Electronic Theses and Dissertations

This work defends enhancements that aim at promoting adaptability and formulates a framework for how healthcare organizations can cope with these sorts of enhancements. It begins by defending explicit approaches to defining enhancements and sketches a tripartite conception of enhancements dependent on well-being, social, and perception approaches. After assessing several major arguments for and against enhancement, it defends an adaptability justification for enhancements. In light of this justification, the remaining sections explore the adaptability argument’s implications for healthcare, justify an organizational approach for dealing with these implications, and finally formulate an organizational ethics framework for coping with the adaptability argument’s …

The 1939 Dickinson-Belskie Birth Series Sculptures: The Rise Of Modern Visions Of Pregnancy, The Roots Of Modern Pro-Life Imagery, And Dr. Dickinson’S Religious Case For Abortion, Rose Holz

Women's and Gender Studies Program: Faculty Publications

This multidisciplinary essay examines the hugely influential—yet surprisingly overlooked—Birth Series sculptures. Created in 1939 by Dr. Robert L. Dickinson (obstetrician-gynecologist and leader of the Planned Parenthood Federation of America) and sculptor Abram Belskie, they illustrate the process of human development from fertilization through delivery. First displayed at the 1939–1940 World’s Fair in New York City, they were reproduced in a variety of forms and sent out across the United States and overseas. Hardly a brief fad, their popularity persisted into the 1980s. This essay has four purposes. First, it tells the stories of Dickinson and Belskie to appreciate their contributions …

Antibiotic Overuse: The History, Consequences, And Possible Solutions, Brooke A. Bost

Senior Honors Theses

Antibiotic overuse has become alarmingly accepted in the developed world. This overuse is leading to drug resistance in microbes, resulting in bacterial infections that are impossible to treat. Steps must be taken to reverse the damage that has already been done and prevent further resistance from developing. This thesis will examine the context and societal situations that led to this acceptance of antibiotic overuse and misuse seen in both health care professionals and the public, the biochemical and genetic pathways that allow a microbe to develop drug resistance, the various methods that have been suggested by experts to prevent and …

Willingness Of Nurses To Respond After An Alaskan Earthquake: Systematic Literature Review, Jane Marie Luscumb

Walden Dissertations and Doctoral Studies

Nurses may share a commonality of issues which can affect their willingness and ability to respond as post-disaster emergency care providers. Guided by expectancy, locus of control, and chaos theory, a systematic literature review was conducted to identify the barriers which affect nurses' willingness and ability to report to their unit after a disaster occurs. Briggs methodology guided this systematic review, and Fineout-Overholt's and Melnyk levels of evidence were used to evaluate the reliability of information and effectiveness of their interventions. Fifteen articles meeting the inclusion criteria (addressed nurses' willingness to report to their unit or to contact the incident …