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Standard of Care : The Law of American Bioethics - George J. Annas

Standard of Care

The Law of American Bioethics

Paperback Published: 1st October 1997
ISBN: 9780195120066
Number Of Pages: 304

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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.

"Annas...is one of the top bioethicists in the US.... covers a wide range of issues in bioethics and the law. Every essay is interesting, important, and finely crafted.... highly recommended." --Choice "Skillfully written in a clear, deliberate, fast-moving style.... recommended." --Burleigh Trevor-Deutsch, PhD, LLB, Canadian Medical Association Journal "Standard of Care brings together Annas's best essays in a well-organized and superbly crafted book that focuses on the most compelling ethical and legal issues of our time.... exceptionally well annotated, reflecting extensive research. Annas's lucid and cogent discussions draw from the legal, ethical, philosophical, sociopolitical, and economic literature.... Annas's thoughtfulness and intelligence are evident.... a pleasure to read. Annas is both concise and thorough. For those in the field of bioethics, this book is a must." --Theodore LeBlang, The New England Journal of Medicine "This book is nothing if not up to date. But it is more.... the discussions are articulate, well researched, and clearly thought through.... puts the ethical basis of a host of modern medical problems in a legal setting that clarifies, not confuses, extraordinarily complex issues. It is understandable; it tells it like it is. Buy it." --JAMA "The book is well structured and carefully organized. References are pertinent and adequate.... contributes significantly to bioethics literature." --Diane Kondratowicz, MA, AM (Loyola Univ Medical Center), Doody's Journal "This collection is a monument to the genre of constitutional rights-based health law writing in America.... Part one perhaps best illustrates Annas's strength - subjecting judicial reasoning to piquant analysis and framing certain practices in starkly provocative terms..." --Dermot K. Feenan, Journal of Health Politics, Policy and Law "A lively, insightful, and thought-provoking critique of our society's resort to law for the resolution of a variety of contemporary bioethical dilemmas.... Along with intellectual incisiveness, the author brings humanity and compassion to his subjects.... A true literary pleasure, both because the author's writing style is clear and engaging and because the essays are rich in literary allusions and analogies.... A valuable contribution to the field....I highly recommend the book for anyone-lay or professional-who wishes to deepen his or her understanding of American bioethics." --Charity Scott, JD, American Journal of Preventive Medicine "Recommended as a book that alerts the reader to the wide-ranging debate concerning the interface between law, medicine and ethics. At the same time, it provides some guidelines for future legal decision-making in respect of these difficult issues." --Peter J.M. McFarlane, Faculty of Law, Queensland University of Technology, Australia, Bioethics Reviwed in Quarterly Review of Biology "Annas...is one of the top bioethicists in the US.... covers a wide range of issues in bioethics and the law. Every essay is interesting, important, and finely crafted.... highly recommended." --Choice "Skillfully written in a clear, deliberate, fast-moving style.... recommended." --Burleigh Trevor-Deutsch, PhD, LLB, Canadian Medical Association Journal "Standard of Care brings together Annas's best essays in a well-organized and superbly crafted book that focuses on the most compelling ethical and legal issues of our time.... exceptionally well annotated, reflecting extensive research. Annas's lucid and cogent discussions draw from the legal, ethical, philosophical, sociopolitical, and economic literature.... Annas's thoughtfulness and intelligence are evident.... a pleasure to read. Annas is both concise and thorough. For those in the field of bioethics, this book is a must." --Theodore LeBlang, The New England Journal of Medicine "This book is nothing if not up to date. But it is more.... the discussions are articulate, well researched, and clearly thought through.... puts the ethical basis of a host of modern medical problems in a legal setting that clarifies, not confuses, extraordinarily complex issues. It is understandable; it tells it like it is. Buy it." --JAMA "The book is well structured and carefully organized. References are pertinent and adequate.... contributes significantly to bioethics literature." --Diane Kondratowicz, MA, AM (Loyola Univ Medical Center), Doody's Journal "This collection is a monument to the genre of constitutional rights-based health law writing in America.... Part one perhaps best illustrates Annas's strength - subjecting judicial reasoning to piquant analysis and framing certain practices in starkly provocative terms..." --Dermot K. Feenan, Journal of Health Politics, Policy and Law "A lively, insightful, and thought-provoking critique of our society's resort to law for the resolution of a variety of contemporary bioethical dilemmas.... Along with intellectual incisiveness, the author brings humanity and compassion to his subjects.... A true literary pleasure, both because the author's writing style is clear and engaging and because the essays are rich in literary allusions and analogies.... A valuable contribution to the field....I highly recommend the book for anyone-lay or professional-who wishes to deepen his or her understanding of American bioethics." --Charity Scott, JD, American Journal of Preventive Medicine "Recommended as a book that alerts the reader to the wide-ranging debate concerning the interface between law, medicine and ethics. At the same time, it provides some guidelines for future legal decision-making in respect of these difficult issues." --Peter J.M. McFarlane, Faculty of Law, Queensland University of Technology, Australia, Bioethics Reviwed in Quarterly Review of Biology

The U.S. Constitution and Bioethics PART I: Current Controversies 1: Brave New Medicine: Restricting Doctor-Patient Conversations 2: Trend Surfing: The War on Drugs and Prisoners 3: She's Going to Die: The Tragedy of Angela Carter PART II: Constitutional Rights at the Beginning of Life 4: The Supreme Court, Privacy, and Abortion 5: The Short, Happy Life of Commercial Surgery 6: A French Homunculus in a Tennessee Court PART III: Constitutional Rights at the End of Life 7: The Insane Root Takes Reason Prisoner: The Supreme Court and the Right to Die 8: In Thunder, Lightning or in Rain 9: Legislating the Right to Die: In the Laboratory of the States Private Sector Bioethics PART IV: AIDS: Public and Private Obligations 10: Not Saints but Healers: Legal Duties of Physicians in the AIDS Epidemic 11: Faith (Healing), Hope and Charity at the FDA: The Politics of AIDS Drugs Trials PART V: Biotechnology and Commerce 12: Mapping the Human Genome and the Meaning of Monster Mythology 13: Outrageous Fortune: Selling Other People's Cells Public Sector Bioethics PART VI: Organ Transplants and Implants 14: The Politics of Fetal Tissue Transplants 15: From Canada with Love: Death and Organ Donation 16: Death and the Magic Machine: Consent to the Artificial Heart PART VII: Resource Allocation 17: Rationing Medical Care 18: Minerva v. National Health Agency, 53 U.S. 2d 333 (2020) PART VIII: Killing 19: Siamese Twins: Killing One to Save the Other 20: Killing Machines Health Law and Bioethics and the Millennium

ISBN: 9780195120066
ISBN-10: 019512006X
Series: Law of American Bioethics
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 304
Published: 1st October 1997
Country of Publication: US
Dimensions (cm): 23.39 x 15.6  x 1.6
Weight (kg): 0.44
Edition Type: Annotated