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This compilation of articles, research studies and case material
deals with the multi-faceted dimensions of hospital law. The volume
brings together international experts' views on the interface
between medicine, law and ethics as they relate to hospital policy
and procedures. Topics explored include: ethics committees,
informed consent, malpractice, medical experts and the courts,
medical records, use of computers, DNR, death, organ transplants
and bio-medical technology.
G. di Gennaro Abuse of drugs has reached such magnitude that it is
regarded by most govern ments, scholars, and experts as one of the
major problems of present-day society. The highest values of
individuals and social groups are strongly attacked or are at risk
as a result of the spread of drug abuse. As a consequence, society
is deprived of the contribution of many of its members toward the
establishment of better condi tions of life. On the other hand,
considerable portions of the limited resources of so ciety are
diverted to assist, cure, and rehabilitate drug addicts. The
enormous gains derived from illicit traffic in drugs are
contributing tremendously to the strengthen ing of criminal
organizations and the rise of new aggressive criminal syndicates.
The financial means of these groups are invested in illegal
enterprises which extend the criminals' power to various sectors of
the economy. One should recognize that the vast criminal network
which is behind this crimi nal big business has achieved such
strength that it acts as a counter-power. Corrup tion,
racketeering, oppression, and illicit influences are among the
dreadful ele ments which unavoidably accompany drug trafficking.
The price paid for this by humanity is incommensurate."
The prostitution of the German psychiatric profession into a Nazi
inquisitional tool was a major factor producing the total
degradation of German medicine and moral ity. Its low point was its
psychiatrists killing the patients they were sworn to care for, and
its other physicians performing inhuman experiments on patients
they were pledged to treat. In America also, psychiatry has been
performing some of the functions of an In quisition: injuring
innocents, both patients and dissenters, and exculpating crimi
nals, terrorists especially. Innocents are being injured both in
and out of psychiatric hospitals. The in creased fragmentation of
care, the augmentation of its discontinuities, and assign ing the
responsibility for organizing it to non-medical managers are some
of the fac tors worsening the treatment results of our hospitals.
Wrongful deaths, due largely to the specialty's intoxication with
drugs while ignoring the importance of common human decency, have
become a national scandal."
The papers in this section on the legal aspects of nursing can be
divided into two parts: (a) the rights and responsibilities of
nurses, patients, and the medical system and (b) treatment, with
its legal ramifications. How does one decide whether patients'
rights or the health professional's rights are to be considered
more seriously? Is there an absolute "right" or "wrong"? Since
legal rights are sanctioned by constantly changing social and
political climates, this may, in effect, diminish the possibility
of anything absolute. The question of the "equivalency" of legal
and moral rights is also addressed. Due to the prevalent vagueness
with regard to bioethical issues as they affect hu man and legal
rights, often we become absorbed in philosophical polemics without
being able to arrive at anyone answer. In order to move beyond the
ethical/theoret ical fonnulations, there is daily confrontation in
the nursing profession -the practi cal application of theoretics."
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