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Standard of Care - The Law of American Bioethics (Paperback, Revised)
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Standard of Care - The Law of American Bioethics (Paperback, Revised)
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American law, not philosophy or medicine, is the major force
shaping American bioethics. This is both because law at its best
fosters individual rights, equality, and justice, and because
violation of the legal duty or "standard of care" a physician owes
a patient can lead to a malpractice suit. The law has therefore had
two conflicting impacts on medical ethics: the positive effect of
eroding paternalism and replacing it with a patient-centered ethic;
and the negative effect of encouraging physicians to be more
concerned with avoiding litigation than doing the "right" thing.
Standard of Care explores the fundamental value conflicts
confronting medicine and society by examining courtroom resolutions
of real bioethical disputes, often of constitutional dimension.
This case-based approach, which ranges from abortion to euthanasia,
from AIDS to organ transplantation, from genetic research to the
artificial heart and rationing, illuminates the value choices with
which the power (and impotence) of medicine confronts us. George
Annas urges health care professionals to go beyond the minimalist
legal "standard of care" by promoting a vigorous, patient-centered
medical ethics based on respect for human rights and responsibility
to both patients and society. If modern medicine is to enhance
human life, a reconceptualization of law as the beginning of
ethical discourse, rather than as an instrument to end it, is
essential. Such a discourse could enrich all our lives by helping
us to articulate both a national and international agenda for human
rights in health.
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