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2019, The New Experimental Philosophy Blog
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Bioethics grew out of the need to make real-world moral decisions in response to gross human rights abuses, from Nazi war crimes to the Tuskegee Syphilis Study, in the context of rapid technological innovations in healthcare. In the aftermath of World War II, there were incredible advances in life-sustaining medicine, with a corresponding need to decide who should have access to certain treatments in the face of limited resources, and to develop an agreed-upon moral foundation to guide the use of new technologies and prevent their misapplication. Notions of informed consent, respect for persons (autonomy), beneficence, non-maleficence, and justice soon dominated bioethical analysis. But how do these and other principles apply to particular cases? What does it really mean for a person to give informed consent — and what goes into that process, psychologically? How do doctors actually think about harm and benefit, especially when there is disagreement about what constitutes a harm or benefit for a particular patient? What is the role of social context in shaping these kinds of judgements? When policymakers decide about fair distribution of resources, what factors influence their intuitions about what justice demands? And how do proxy decision makers make sense of respect for persons when personhood is not entirely clear, as in the case of fetuses, or individuals with advanced dementia? Although bioethicists have occasionally drawn on empirical data to supplement normative bioethical analysis, the emerging field of experimental philosophical bioethics — or bioXphi — seeks to systematically characterize the underlying cognitive processes that bear on moral judgments in a healthcare context. We see this work as having serious significance for medical policy and clinical judgment: generalized research on psychological processes may not apply to real-world decision making in the kinds of life-or-death situations that doctors often face. And formalized models of informed consent may have little to do with the facts on the ground when it comes to factors that influence a patient’s decision to give permission for a surgery.
Journal of bioethical inquiry, 2013
Journal of Medical Ethics, 2004
Autonomy has been hailed as the foremost principle of bioethics, and yet patients' decisions and research subjects' voluntary participation are being subjected to frequent restrictions. It has been argued that patient care is best served by a limited form of paternalism because the doctor is better qualified to take critical decisions than the patient, who is distracted by illness. The revival of paternalism is unwarranted on two grounds: firstly, because prejudging that the sick are not fully autonomous is a biased and unsubstantial view; secondly, because the technical knowledge of healthcare professionals does not include the ethical qualifications and prerogative to decide for others. Clinical research settings are even more prone to erode subjects' autonomy than clinical settings because of the tendency and temptation to resort to such practices as shading the truth when consent to participation is sought, or waiving consent altogether when research is done in emergency settings. Instead of supporting such dubious practices with unconvincing arguments, it would seem to be the task of bioethics to insist on reinforcing autonomy.
Doctoral Dissertation Completed at Purdue University, 2005
2019
Recently bioethics has been said to take an “empirical turn”, with ethicists conducting empirical research to discover morally relevant facts. However, some authors have raised concerns that the standards of rigor in these empirical studies are lacking in comparison to other scientific disciplines. Vignettes are short descriptions of one or more scenarios, which are presented to respondents to elicit reactions that serve as study outcomes. The use of vignettes in empirical ethics research is one area where methodological rigor is thought to be particularly lacking. Pretesting, a range of techniques used to evaluate survey tools study prior to their distribution, is one of the most useful, flexible, and cost-effective means of enhancing vignette development. While manuscripts describing ways to enhance vignette rigor in empirical ethics are needed, few exist. The objective of this paper is to discuss the use of pretesting to evaluate and enhance the rigor of vignettes used in empiric...
Cambridge Quarterly of Healthcare Ethics, 1996
The Bioethics Literature This section is meant to be a mutual effort. If you find an article you think should be abstracted in this section, do not be bashfulsubmit it for consideration to feature editor Kenneth V. Iserson care of CQ. If you do not like the editorial comments, this will give you an opportunity to respond in the letters section. Your input is desired and anticipated. Margolls JO, McGrath BJ, Kussin PS, Schwinn DA. Do not resuscitate (DNR) orders during surgery: ethical foundations for institutional policies in the United States.
Nebraska Law Review, 1986
physician Joanne Lynn, philosophers Daniel Wilder and Allen Buchanan, and particularly to philosopher Dan Brock, with whom I spent many hours in stimulating discussion and debate concerning these issues. I am also pleased to acknowledge my continuing intellectual and personal indebtedness to my teacher and friend, Jay Katz of Yale Law School. Professor Katz's towering contributions on informed consent have made us all his students; the influence of his seminal work on the ideas developed here will be evident. t Editor's Note: In recent years, both philosophers and legal scholars have written extensively on the topic of informed consent to medical therapy. Much of this literature proceeds from the assumption that the moral ideal and legal doctrine of informed consent are, or should be, substantially the same. In this article, addressed to philosophers, physicians and patients as well as to a legal audience, Professor Weisbard seeks to identify several major disparities between the philosophical and legal conceptions of informed consent, to explain why the "law in action" has departed from the philosophical ideal, and to explore whether, and how, the moral and legal norms for the physician-patient relationship can be restated and brought into closer correspondence.
In humans, the processes of thinking or making decisions are usually based on mental models. Some of these mental models are designed to represent how humans think and decide, while others aim to improve their thinking and decision making. In decision making related to a patient’s health and medical care, high courts aim to protect the patient’s right to be involved in this process, while societal forces attempt to control costs associated with health and medical decision making. This paper examines legal, decision making, and social theories regarding the societal forces that attempt to influence the grounds upon which a patient thinks and decides about his or her health and medical care. KEYWORDS Court-Based Decision Making, Evidence, Legal Theory, Mental Models, Patient-Based Decision Making Cite this paper: Mazur, D. (2015) Social Pressure on Patient Decision Making through Shifting Mental Models: Presenting Evidence to Patients. Sociology Mind, 5, 100-104. doi: 10.4236/sm.2015.52010. References [1] (1767). Slater v. Baker & Stapleton. 95 Eng Rep 860. [2] (1972). Canterbury v. Spence. 464 F.2d 772. [3] (1980). Reibl v. Hughes.2 S.C.R. 880. [4] (1992). Rogers v. Whitaker. 175 CLR 479. [5] Baron, J. (2006). Thinking and Deciding (4th ed.). New York: Cambridge University Press. http://dx.doi.org/10.1017/CBO9780511840265 [6] Che Ngah, A. (2005). Informed Consent in Malaysia: An Overview. International Journal of Bioethics, 16, 143-161, 199. [7] Granger Morgan, M., Fischhoff, B., Bostrom, A., & Atman, C. J. (2001). Risk Communication: A Mental Models Approach. New York: Cambridge University Press. http://dx.doi.org/10.1017/CBO9780511814679 [8] Howard, R. A. (2007). The Foundations of Decision Analysis Revisited. In W. Edwards, R. F. Miles Jr., & D. von Winterfeldt (Eds.), Advances in Decision Analysis: From Foundations to Applications. New York, NH: Cambridge University Press. http://dx.doi.org/10.1017/CBO9780511611308.004 [9] Lichtenstein, S., & Slovic, P. (Eds.) (2006). The Construction of Preference. New York, NY: Cambridge University Press. http://dx.doi.org/10.1017/CBO9780511618031 [10] Mazur, D. J. (1986). Informed Consent: Court Viewpoints and Medical Decision Making. Medical Decision Making, 6, 224- 230. [11] Mazur, D. J. (2014). Evidence in Patient-Based Decision Making. GJHSS, 14, 37-47. [12] Mental Models and Reasoning Lab, Princeton University (2014). Mental Models and Reasoning. http://mentalmodels.princeton.edu/about/what-are-mental-models/ [13] Oshima Lee, E., & Emanuel, E. J. (2013). Shared Decision Making to Improve Care and Reduce Costs. New England Journal of Medicine, 368, 6-8. http://dx.doi.org/10.1056/NEJMp1209500 [14] Sandman, L., & Munthe, C. (2009). Shared Decision Making and Patient Autonomy. Theoretical Medicine and Bioethics, 30, 289-310. http://dx.doi.org/10.1007/s11017-009-9114-4 [15] Slovic, P. (1995). The Construction of Preference. American Psychologist, 50, 364-371. http://dx.doi.org/10.1037/0003-066X.50.5.364 [16] Sox, H. C., Blatt, M. A., Higgins, M. C., & Marton, K. I. (1988). Medical Decision Making. Boston: Butterworths.
Far from giving a master lecture, William Osler (1849-1919) used to teach clinical lectures at the patient bed-side and he insisted to the students that to become a doctor is not sufficient to have a good knowledge of the medical science. It is even more important to approach the patient with care and affection. Our ideal as health professionals – whatever speciality we practice- cannot be fulfilled with a perfect knowledge of medical science alone. To make it true the professional needs to add to science a deep respect for the patient and a firm determination to devote oneself to help him. Nevertheless, this has not always been the case. It is just in that increasingly more technical medicine where most of the bioethical problems appear. The birth of Bioethics is actually a consequence of this, a need to set limits to technological threats against man.
International Journal of Law and Psychiatry, 1981
The professions of medicine and law often have taken opposing sides on issues concerning patient care. Differences over the right to treatment, experimentation on institutionalized patients, and de-institutionalization of mental patients are but a few examples where the two professions have fallen into debate over the ethical and practical responsibilities owed to patients. The vocal and public nature of those debates may foster a popular conception of inherent conflict between the two disciplines. From this point of view, the present controversy over informed consent to treatment may be regarded as one battle in an ongoing war between two powerful professional disciplines. Conflict between psychiatry and law over informed consent for mental patients is well documented in the literature. Lawyers have championed the doctrine of informed consent as an instrument for reform of the doctor-patient relationship (Note, 1970), as a check on the indiscriminate use of therapeutic procedures (Plotkin, 1977), and as a new theory of medical liability (Meisel, 1977). Physicians have attacked the doctrine as a myth, unsuitable to the realities of clinical practice (Leeb & Bowers, 1976; Laforet, 1976) and a legal ploy to entrap the unwary physician in litigation (Delee, 1976; Burnham, 1966). Almost all major medical specialities have found reason to take exception to the doctrine. However, medicine and law are not uniformly divided on the issue. Some lawyers have been critical of informed consent (Seidelson, 1976; Chayet, 1976). A few physicians have supported it as a means to protect the patient and involve him or her in medical decisionmaking (Crile, 1976, 1972; Hatcher, 1976).
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