Legal Approach

Publication Title: 
Journal of Medical Ethics

Skene and Parker are demonstrably mistaken in suggesting that the amicus role of Catholic bishops in three cases has been concerned with "developing" the law. In contrast with Skene and Parker's freestanding conception of legal principle, the Catholic understanding of law's rational moral foundations has permitted Catholic bishops to defend longstanding legal principle as well as defending the integrity of the church's health care and welfare services.

Author(s): 
Gormally, L.
Publication Title: 
University of Pittsburgh Law Review. University of Pittsburgh. School of Law

Oregon's Death with Dignity Act was first passed by a ballot initiative in 1994, but numerous judicial challenges delayed implementation of the Act. In November of 1997, following the United States Supreme Court decisions in Vacco v. Quill and Washington v. Glucksberg, which left the states' power to regulate physician-assisted suicide undisturbed, the Oregon voters upheld their law. Oregon remains the only state in the nation to authorize physician-assisted suicide.

Author(s): 
O'Brien, C. N.
Madek, G. A.
Ferrera, G. R.
Publication Title: 
West's California Reporter
Author(s): 
California. Court of Appeal, Third District
Publication Title: 
Christian Bioethics

This essay reviews the Roman Catholic moral tradition surrounding treatments at the end of life together with the challenges presented to that tradition by the Texas Advance Directives Act. The impact on Catholic health care facilities and physicians, and the way in which the moral tradition should be applied under this statute, particularly with reference to the provision dealing with conflicts over end-of-life treatments, will be critically assessed.

Author(s): 
Zientek, David M.
Publication Title: 
West's Pacific Reporter
Author(s): 
California. Supreme Court
Publication Title: 
American Journal of Public Health
Author(s): 
Annas, G. J.
Publication Title: 
American Journal of Public Health
Author(s): 
Annas, G. J.
Publication Title: 
Medicine and Law

In this article we will examine the relation between physicians and (representatives of) the pharmaceutical industry. More in particular we want to discuss the appropriateness of some of the gifts that are given to physicians by companies in the pharmaceutical (and medical equipment) industry, since there has been growing concern about the potential negative consequences of these so-called 'gift-giving practices'.

Author(s): 
Desmet, Christophe
Publication Title: 
Boston College Law Review. Boston College. Law School

Organ transplants may offer the best hope of long term survival for individuals afflicted with certain cancers or other debilitating diseases. The hope that a transplant may inspire in an organ recipient should not, however, be the determinative factor when the proposed source of the organ is incompetent. Competent adults are not compelled to act altruistically by undergoing a surgical invasion for the benefit of third parties. Children and mentally incompetent adults should likewise be protected from such compelled altruism.

Author(s): 
Cheyette, C.
Publication Title: 
National Forum

The relationship between physician and patient, as generally delineated by the Hippocratic Oath and the American Medical Association's 1994 Principles of Medical Ethics, is one between a fiduciary and a principal. In such a relationship, the duties of loyalty and trust run from the fiduciary to the principal. The fiduciary (physician) is the person to whom the relevant interests of the principal (patient) are entrusted. It is the medical best interests of the patient, not the physician, that are in trust.

Author(s): 
Perry, C.

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