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What Is It That You Want Me To Do? Guidance for Ethics Consultants in Complex Discharge Cases 您想要我做什么?复杂解雇案例中的道德顾问指南
IF 1.5 4区 哲学 Q3 ETHICS Pub Date : 2023-12-21 DOI: 10.1007/s10730-023-09517-y
Adam Omelianchuk, Aziz A. Ansari, Kayhan Parsi

Some of the most difficult consultations for an ethics consultant to resolve are those in which the patient is ready to leave the acute-care setting, but the patient or family refuses the plan, or the plan is impeded by deficiencies in the healthcare system. Either way, the patient is “stuck” in the hospital and the ethics consultant is called to help get the patient “unstuck.” These encounters, which we call “complex discharges,” are beset with tensions between the interests of the institution and the interests of the patient as well as tensions within the ethics consultant whose commitments are shaped both by the values of the organization and the values of their own profession. The clinical ethics literature on this topic is limited and provides little guidance. What is needed is guidance for consultants operating at the bedside and for those participating at a higher organizational level. To fill this gap, we offer guidance for facilitating a fair process designed to resolve the conflict without resorting to coercive legal measures. We reflect on three cases to argue that the approach of the consultant is generally one of mediation in these types of disputes. For patients who lack decision making capacity and lack a surrogate decision maker, we recommend the creation of a complex discharge committee within the organization so that ethics consultants can properly discharge their duties to assist patients who are unable to advocate for themselves through a fair and transparent process.

对于伦理顾问来说,最难解决的一些咨询是病人准备离开急症护理环境,但病人或家属拒绝该计划,或者该计划因医疗保健系统的缺陷而受阻。无论哪种情况,病人都被 "困 "在医院里,伦理顾问被要求帮助病人 "解困"。这些我们称之为 "复杂出院 "的情况,充满了机构利益与患者利益之间的矛盾,也充满了伦理顾问内心的矛盾,他们的承诺既受机构价值观的影响,也受自身职业价值观的影响。有关这一主题的临床伦理文献十分有限,提供的指导也很少。我们需要的是为在床边工作的顾问和在更高组织层面参与工作的顾问提供指导。为了填补这一空白,我们提供了指导意见,以便在不诉诸强制性法律措施的情况下,促进旨在解决冲突的公平程序。我们通过三个案例来论证顾问在此类纠纷中通常采取的调解方式。对于缺乏决策能力且没有代理决策者的患者,我们建议在机构内设立一个复杂的出院委员会,以便伦理顾问能够正确履行职责,通过公平、透明的程序为无法为自己辩护的患者提供帮助。
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引用次数: 0
Who Should Be Legitimate Living Donors? The Case of Bangladesh 谁应该是合法的活体捐赠者?孟加拉国的案例
IF 1.5 4区 哲学 Q3 ETHICS Pub Date : 2023-12-08 DOI: 10.1007/s10730-023-09515-0
Md. Sanwar Siraj

In 1999, the Bangladesh government introduced the Human Organ Transplantation Act allowing organ transplants from both brain-dead and living-related donors. This Act approved organ donation within family networks, which included immediate family members such as parents, adult children, siblings, uncles, aunts, and spouses. Subsequently, in January 2018, the government amended the 1999 Act to include certain distant relatives, such as grandparents, grandchildren, and first cousins, in the donor lists, addressing the scarcity of donors. Nobody, without these relatives, is legally permitted to donate organs for transplantation in Bangladesh. The focus of this study was to investigate who should donate organs for transplantation in Bangladesh. The ethnographic fieldwork revealed that potential donors are not always available to immediate family members, and even when they are, they might be medically unsuitable for transplants. These considerations influenced the government in the revision of the Act. Secondly, the findings of the study suggest maintaining the current family-based regulations for living organ donation in Bangladesh. Furthermore, the study highlighted a potential consequence: amending the regulation to permit donations to unrelated recipients could significantly amplify the issue of organ selling and buying. While Islam advises Muslims to be compassionate towards all humankind, it also encourages Muslims to prioritize saving the lives of family members. This religious belief limits Muslims from donating organs to family members.

1999 年,孟加拉国政府出台了《人体器官移植法》,允许从脑死亡和存活的捐献者身上进行器官移植。该法案批准在家庭网络内进行器官捐赠,其中包括直系亲属,如父母、成年子女、兄弟姐妹、叔叔、阿姨和配偶。随后,政府于 2018 年 1 月修订了 1999 年法案,将某些远亲(如祖父母、孙子女和嫡表亲)纳入捐献者名单,以解决捐献者稀缺的问题。在孟加拉国,没有这些亲属,任何人都不能合法捐献器官用于移植。本研究的重点是调查在孟加拉国谁应该捐献器官用于移植。人种学实地调查显示,直系亲属并不总是有可能捐献器官,即使有,他们在医学上也可能不适合移植。这些考虑因素影响了政府对该法的修订。其次,研究结果表明,孟加拉国应维持目前以家庭为基础的活体器官捐献条例。此外,研究还强调了一个潜在的后果:修订条例允许向无血缘关系的受捐者捐献器官可能会大大加剧器官买卖问题。虽然伊斯兰教建议穆斯林对全人类充满同情心,但它也鼓励穆斯林优先拯救家庭成员的生命。这一宗教信仰限制了穆斯林向家庭成员捐赠器官。
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引用次数: 0
Clinical Ethics Consultation During the First COVID-19 Pandemic Surge at an Academic Medical Center: A Mixed Methods Analysis. 某学术医疗中心首次新冠肺炎大流行期间的临床伦理咨询:混合方法分析
IF 1.5 4区 哲学 Q3 ETHICS Pub Date : 2023-12-01 Epub Date: 2022-03-15 DOI: 10.1007/s10730-022-09474-y
Kimberly S Erler, Ellen M Robinson, Julia I Bandini, Eva V Regel, Mary Zwirner, Cornelia Cremens, Thomas H McCoy, Fred Romain, Andrew Courtwright

While a significant literature has appeared discussing theoretical ethical concerns regarding COVID-19, particularly regarding resource prioritization, as well as a number of personal reflections on providing patient care during the early stages of the pandemic, systematic analysis of the actual ethical issues involving patient care during this time is limited. This single-center retrospective cohort mixed methods study of ethics consultations during the first surge of the COVID 19 pandemic in Massachusetts between March 15, 2020 through June 15, 2020 aim to fill this gap. Results indicate that there was no significant difference in the median number of monthly consultation cases during the first COVID-19 surge compared to the same period the year prior and that the characteristics of the ethics consults during the COVID-19 surge and same period the year prior were also similar. Through inductive analysis, we identified four themes related to ethics consults during the first COVID-19 surge including (1) prognostic difficulty for COVID-19 positive patients, (2) challenges related to visitor restrictions, (3) end of life scenarios, and (4) family members who were also positive for COVID-19. Cases were complex and often aligned with multiple themes. These patient case-related sources of ethical issues were managed against the backdrop of intense systemic ethical issues and a near lockdown of daily life. Healthcare ethics consultants can learn from this experience to enhance training to be ready for future disasters.

虽然已经出现了大量文献,讨论了关于COVID-19的理论伦理问题,特别是关于资源优先级的问题,以及在大流行的早期阶段提供患者护理的一些个人思考,但在此期间涉及患者护理的实际伦理问题的系统分析是有限的。这项单中心回顾性队列混合方法研究了2020年3月15日至2020年6月15日马萨诸塞州第一次COVID - 19大流行期间的伦理咨询,旨在填补这一空白。结果表明,第一次COVID-19高峰期间每月咨询病例中位数与上年同期相比无显著差异,COVID-19高峰期间伦理咨询的特征与上年同期相似。通过归纳分析,我们确定了第一次COVID-19激增期间与伦理咨询相关的四个主题,包括(1)COVID-19阳性患者的预后困难,(2)与访客限制相关的挑战,(3)生命终结场景,以及(4)COVID-19阳性的家庭成员。案件很复杂,往往涉及多个主题。这些与患者病例相关的伦理问题来源是在强烈的系统性伦理问题和日常生活近乎封锁的背景下进行管理的。医疗伦理顾问可以从这一经验中吸取教训,加强培训,为未来的灾难做好准备。
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引用次数: 0
Practicing Neighbor Love: Empathy, Religion, and Clinical Ethics. 实践邻居之爱:移情、宗教和临床伦理。
IF 1.5 4区 哲学 Q3 ETHICS Pub Date : 2023-09-01 DOI: 10.1007/s10730-021-09466-4
Peter Bauck

The role of religion in clinical ethics consultations is contested. The religion of the ethics consultant can be an important part of the consultation process and improve the quality of a consultation. Practicing neighbor love leads to empathy, which not only can improve the quality of ethics consultations but also creates a space for religion to be part of, but not imposed on, the consultation. The practice of empathy will build trust, rapport, and an intersubjective connection that improves the quality of the consultation. (The views expressed are the author's and not representative of any institution or employer).

宗教在临床伦理咨询中的作用备受争议。伦理咨询师的宗教信仰可以成为咨询过程的重要组成部分,提高咨询质量。实践邻居之爱导致同理心,这不仅可以提高伦理咨询的质量,而且还为宗教创造了一个空间,使其成为咨询的一部分,而不是强加于人。同理心的实践将建立信任、融洽和主体间的联系,从而提高咨询的质量。(本文仅代表作者个人观点,不代表任何机构或雇主)。
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引用次数: 1
Techniques of Ordering and the Dynamism of Being: A Critique of Standardized Clinical Ethics Consultation Methods. 有序技术与存在的动态性:对规范化临床伦理咨询方法的批判。
IF 1.5 4区 哲学 Q3 ETHICS Pub Date : 2023-09-01 DOI: 10.1007/s10730-021-09467-3
Jordan Mason

Clinical ethics consultation (CEC) has become all about right technique. When we encounter a case of conflict or confusion, clinical ethicists are expected to deploy a standardized, repeatable, and rationally defensible method for working toward a recommendation and/or consensus. While it has been noted previously that our techniques of CEC often foreclose on its internal goods, there remains an assumption that we must just find the right efficient technique and the problem would be solved. In this paper, I question that assumption, arguing that any standardized, identically repeatable model of CEC will pull us counterproductively away from ethical reflection, and toward the values of modern techne: primarily efficiency, efficacy, and repeatability. This is because standardized techniques of CEC pull the dynamism of being into what Catherine Pickstock calls "identical repetition," a technologized ontology, which is fundamentally at odds with what being is. And, since ethics is a search for the good of being, avoiding the ontological heart of being severely restricts ethics.

临床伦理咨询(CEC)已成为一种以正确的技术为核心的咨询。当我们遇到冲突或困惑的情况时,临床伦理学家被期望采用一种标准化的、可重复的、合理的辩护方法来提出建议和/或达成共识。虽然以前已经注意到,我们的CEC技术经常取消其内部货物的赎回权,但仍然有一种假设,即我们必须找到正确的有效技术,问题将得到解决。在本文中,我对这种假设提出了质疑,认为任何标准化的、相同的可重复的CEC模型都会适得其反地将我们从伦理反思中拉出来,并走向现代技术的价值:主要是效率、功效和可重复性。这是因为CEC的标准化技术将存在的活力拉入凯瑟琳·皮克斯托克(Catherine Pickstock)所说的“相同重复”中,这是一种技术化的本体论,从根本上与存在是什么不一致。而且,由于伦理学是对存在之善的追求,回避存在的本体论核心严重限制了伦理学。
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引用次数: 0
Consistently Inconsistent: Does Inconsistency Really Indicate Incapacity? 持续不一致:不一致真的意味着无能吗?
IF 1.5 4区 哲学 Q3 ETHICS Pub Date : 2023-09-01 DOI: 10.1007/s10730-021-09462-8
Bryanna Moore, Ryan H Nelson, Nicole Meredyth, Nekee Pandya

While it is not explicitly included in capacity assessment tools, "consistency" has come to feature as a central concern when assessing patients' capacity. In order to determine whether inconsistency indicates incapacity, clinicians must determine the source of the inconsistency with respect to the process or content of a patient's decision-making. In this paper, we outline common types of inconsistency and analyze them against widely accepted elements of capacity. We explore the question of whether inconsistency necessarily entails a deficiency in a patient's capacity. While inconsistency may count as prima facie evidence of incapacity-enough evidence to justify a closer look-when making such determinations, it is important for clinicians to slow down, inquire about the reasons underlying the inconsistency and clearly show which of the elements of capacity the patient fails to satisfy.

虽然它没有明确包括在能力评估工具中,但“一致性”已经成为评估患者能力时的一个核心问题。为了确定不一致是否表明无能,临床医生必须确定患者决策过程或内容不一致的来源。在本文中,我们概述了常见的不一致类型,并根据广泛接受的容量元素对它们进行了分析。我们探讨不一致是否必然导致病人能力不足的问题。虽然不一致可能被视为缺乏能力的初步证据——足够的证据证明仔细检查是合理的——但在做出此类决定时,临床医生放慢速度,询问不一致的原因,并清楚地表明患者没有满足能力的哪些要素,这一点很重要。
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引用次数: 0
Guardianship Before and Following Hospitalization. 住院前后的监护。
IF 1.3 4区 哲学 Q3 ETHICS Pub Date : 2023-09-01 Epub Date: 2022-01-24 DOI: 10.1007/s10730-022-09469-9
Jennifer Moye, Andrew B Cohen, Kelly Stolzmann, Elizabeth J Auguste, Casey C Catlin, Zachary S Sager, Rachel E Weiskittle, Cindy B Woolverton, Heather L Connors, Jennifer L Sullivan

When ethics committees are consulted about patients who have or need court-appointed guardians, they lack empirical evidence about several common issues, including the relationship between guardianship and prolonged, potentially medically unnecessary hospitalizations for patients. To provide information about this issue, we conducted quantitative and qualitative analyses using a retrospective cohort from Veterans Healthcare Administration. To examine the relationship between guardianship appointment and hospital length of stay, we first compared 116 persons hospitalized prior to guardianship appointment to a comparison group (n = 348) 3:1 matched for age, diagnosis, date of admission, and comorbidity. We then compared 91 persons hospitalized in the year following guardianship appointment to a second matched comparison group (n = 273). Mean length of stay was 30.75 days (SD = 46.70) amongst those admitted prior to guardianship, which was higher than the comparison group (M = 7.74, SD = 9.71, F = 20.75, p < .001). Length of stay was lower following guardianship appointment (11.65, SD = 12.02, t = 15.16, p < .001); while higher than the comparison group (M = 7.60, SD = 8.46), differences were not associated with guardianship status. In a separate analysis involving 35 individuals who were hospitalized both prior to and following guardianship, length of stay was longer in the year prior (M = 23.00, SD = 37.55) versus after guardianship (M = 10.37, SD = 10.89, F = 4.35, p = .045). In qualitative analyses, four themes associated with lengths of stay exceeding 45 days prior to guardianship appointment were: administrative issues, family conflict, neuropsychiatric comorbidity, and medical complications. Our results suggest that persons who are admitted to hospitals, and subsequently require a guardian, experience extended lengths of stay for multiple complex reasons. Once a guardian has been appointed, however, differences in hospital lengths of stay between patients with and without guardians are reduced.

当就有或需要法院指定监护人的患者咨询道德委员会时,他们缺乏关于几个常见问题的经验证据,包括监护与患者长期、可能在医学上不必要的住院之间的关系。为了提供有关这个问题的信息,我们使用退伍军人医疗管理局的回顾性队列进行了定量和定性分析。为了检验监护预约与住院时间之间的关系,我们首先将116名在监护预约前住院的患者与一个对照组(n = 348)3:1在年龄、诊断、入院日期和合并症方面匹配。然后,我们将在监护预约后一年住院的91人与第二个匹配的对照组(n = 273)。平均住院时间为30.75天(SD = 46.70),高于对照组(M = 7.74,标准差 = 9.71,F = 20.75,p
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引用次数: 0
Ignorance is Not Bliss: The Case for Comprehensive Reproductive Counseling for Women with Chronic Kidney Disease. 无知不是幸福:对患有慢性肾脏疾病的妇女进行全面生殖咨询的案例。
IF 1.5 4区 哲学 Q3 ETHICS Pub Date : 2023-09-01 DOI: 10.1007/s10730-021-09463-7
Ana S Iltis, Maya Mehta, Deirdre Sawinski

The bioethics literature has paid little attention to matters of informed reproductive decision-making among women of childbearing age who have chronic kidney disease (CKD), including women who are on dialysis or women who have had a kidney transplant. Women with CKD receive inconsistent and, sometimes, inadequate reproductive counseling, particularly with respect to information about pursuing pregnancy. We identify four factors that might contribute to inadequate and inconsistent reproductive counseling. We argue that women with CKD should receive comprehensive reproductive counseling, including information about the possibility of pursuing pregnancy, and that more rigorous research on pregnancy in women with CKD, including women on dialysis or who have received a kidney transplant, is warranted to improve informed reproductive decision making in this population.

生物伦理学文献很少关注患有慢性肾脏疾病(CKD)的育龄妇女的知情生殖决策问题,包括透析妇女或肾移植妇女。患有慢性肾病的妇女接受的生殖咨询不一致,有时不充分,特别是关于怀孕的信息。我们确定了四个因素,可能会导致不充分和不一致的生殖咨询。我们认为患有慢性肾病的女性应该接受全面的生殖咨询,包括关于怀孕可能性的信息,并且对患有慢性肾病的女性(包括透析或接受肾移植的女性)的怀孕进行更严格的研究是有必要的,以改善这一人群的知情生殖决策。
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引用次数: 1
Applying Genetic and Genomic Tools to Psychiatric Disorders: A Scoping Review. 应用遗传学和基因组学工具治疗精神疾病:范围综述。
IF 1.3 4区 哲学 Q3 ETHICS Pub Date : 2023-09-01 Epub Date: 2021-11-30 DOI: 10.1007/s10730-021-09465-5
Ana S IItis, Akaya Lewis, Sarah Neely, Stephannie Walker Seaton, Sarah H Jeong
<p><strong>Introduction: </strong>The bioethics literature reflects significant interest in and concern with the use of genetic and genomic information in various settings. Because psychiatric treatment and research raises unique ethical, legal, and social issues, we conducted a scoping review of the biomedical, bioethics, and psychology literature regarding the application of genetic and genomic tools to psychiatric disorders (as listed in the DSM-5) and two associated behaviors or symptoms to provide a more detailed overview of the state of the field.</p><p><strong>Objectives: </strong>The primary objective was to examine the available bioethics, biomedical, and psychology literature on applying genetic and genomic tools to psychiatric disorders (other than neurodevelopmental disorders) and two behaviors or symptoms sometimes associated with them (aggression or violence and suicidality) to identify the disorders to which these tools have been applied, the contexts in or purposes for which they have been applied, the ethical, legal, or social concerns associated with those uses, and proposed recommendations for mitigating those concerns.</p><p><strong>Methods: </strong>We used Arksey and O'Malley's scoping review framework: (1) identify the research question; (2) identify relevant studies; (3) select studies; (4) chart the data; and (5) collate, summarize, and report results (2005). We relied on Levac et al. to inform our application of the framework (2010). The PRISMA extension for scoping reviews checklist informed our reporting (2018). We searched three electronic databases MEDLINE (PubMed), Embase, and PsycInfo (EbscoHost) for peer-reviewed journal articles in English to identify relevant literature. One author screened the initial results and additional screening was done in consultation with other authors. A data extraction form using DSM-5 diagnostic categories (excluding neurodevelopmental disorders) was developed and two authors independently each reviewed approximately half of the articles. Inter-rater reliability was ensured by double-coding approximately 10% of the papers. An additional author independently coded 10% of the articles to audit the data.</p><p><strong>Results: </strong>In 365 coded publications, we identified 15 DSM-5 diagnostic categories in addition to the two pre-selected behaviors or symptoms (aggression or violence and suicidality) to which genetic or genomic tools have been applied. We identified 11 settings in or purposes for which these tools were applied. Twenty-two types of ethical, legal, or social concerns associated with the application of genetic or genomic tools to these disorders or behaviors/symptoms were identified along with 13 practices or policies that could mitigate these concerns.</p><p><strong>Conclusion: </strong>Genetic and genomic tools have been applied to a wide range of psychiatric disorders. These raise a range of ethical, legal, and social concerns. Additional research is warranted to bet
引言:生物伦理学文献反映了在各种环境中使用遗传和基因组信息的重大兴趣和关注。由于精神病学治疗和研究引发了独特的伦理、法律和社会问题,我们对生物医学、生物伦理学和心理学文献进行了范围审查,这些文献涉及将遗传和基因组工具应用于精神疾病(如DSM-5所列)和两种相关行为或症状,以提供该领域更详细的概述。目的:主要目标是检查现有的生物伦理学、生物医学和心理学文献,这些文献是关于将遗传和基因组工具应用于精神疾病(神经发育障碍除外)以及有时与之相关的两种行为或症状(攻击或暴力和自杀),以确定这些工具已被应用于哪些疾病、应用这些工具的背景或目的、伦理、法律、或者与这些用途相关的社会问题,以及减轻这些问题的建议。方法:采用Arksey和O'Malley的范围审查框架:(1)确定研究问题;(2)确定相关研究;(3)选择研究;(4)绘制数据图;(5)整理、总结和报告结果(2005)。我们依靠Levac等人来告知我们的应用框架(2010)。范围审查清单的PRISMA扩展通知了我们的报告(2018年)。我们检索了三个电子数据库MEDLINE (PubMed)、Embase和PsycInfo (EbscoHost),检索同行评议的英文期刊文章,以确定相关文献。一位作者筛选了初步结果,并与其他作者协商进行了进一步的筛选。使用DSM-5诊断类别(不包括神经发育障碍)的数据提取表被开发出来,两位作者各自独立地审查了大约一半的文章。通过对大约10%的论文进行双重编码,确保了评分者之间的可靠性。另外一位作者独立编写了10%的文章,以审计数据。结果:在365篇编码出版物中,我们确定了15种DSM-5诊断类别,以及两种预先选择的行为或症状(攻击或暴力和自杀),遗传学或基因组工具已被应用。我们确定了应用这些工具的11个设置或目的。确定了与将遗传或基因组工具应用于这些疾病或行为/症状有关的22种伦理、法律或社会关切,以及可减轻这些关切的13种做法或政策。结论:遗传学和基因组学工具已广泛应用于精神疾病。这引发了一系列道德、法律和社会问题。有必要进行进一步的研究,以便更好地了解这些关切和解决这些关切的有效方法。推进文献以确定相关的伦理、法律或社会问题以及这些问题的解决方案可能需要更多地关注遗传或基因组工具对特定精神疾病和相关行为/症状的具体应用,以及广泛的利益相关者参与。
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引用次数: 0
Establishing Clinical Ethics Committees in Primary Care: A Study from Norwegian Municipal Care. 在初级保健中建立临床伦理委员会:来自挪威市政保健的研究。
IF 1.5 4区 哲学 Q3 ETHICS Pub Date : 2023-06-01 DOI: 10.1007/s10730-021-09461-9
Morten Magelssen, Heidi Karlsen, Lisbeth Thoresen

Would primary care services benefit from the aid of a clinical ethics committee (CEC)? The implementation of CECs in primary care in four Norwegian municipalities was supported and their activities followed for 2.5 years. In this study, the CECs' structure and activities are described, with special emphasis on what characterizes the cases they have discussed. In total, the four CECs discussed 54 cases from primary care services, with the four most common topics being patient autonomy, competence and coercion; professionalism; cooperation and disagreement with next of kin; and priority setting, resource use and quality. Nursing homes and home care were the primary care services most often involved. Next of kin were present in 10 case deliberations, whereas patients were never present. The investigation indicates that it might be feasible for new CECs to attain a high level of activity including case deliberations within the time frame. It also confirms that significant, characteristic and complex moral problems arise in primary care services.

初级保健服务是否会从临床伦理委员会(CEC)的帮助中受益?在挪威四个城市的初级保健中实施CECs得到了支持,对其活动进行了两年半的跟踪。本研究描述了cec的结构和活动,特别强调了他们所讨论的案例的特征。四个CECs总共讨论了54个来自初级保健服务的案例,其中四个最常见的主题是患者自主、能力和胁迫;专业;与近亲合作或不和;优先级设置,资源使用和质量。疗养院和家庭护理是最常涉及的初级保健服务。近亲属出席了10个案例的审议,而患者从未出席。调查表明,新的cec在时间范围内进行包括案件审议在内的高水平活动是可行的。报告还证实,在初级保健服务中出现了重大的、有特点的和复杂的道德问题。
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引用次数: 2
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Hec Forum
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