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Medical decision-making when the patient is a prisoner 当病人是囚犯时的医疗决策
Q1 Arts and Humanities Pub Date : 2022-10-18 DOI: 10.1177/14777509221133660
Erik Larsen, K. Drabiak
Although prisons provide on-site primary care, the corrections system relies on external hospitals to provide a variety of healthcare services. Compared to the general population, incarcerated patients experience higher rates of chronic medical conditions, mental illness, substance abuse, cancer, traumatic brain injury, assault, and communicable disease. Certain specialties of clinicians are likely to encounter patients who are incarcerated, which makes it important for clinicians to understand how medical decision-making may differ when the patient is a prisoner. The corrections system retains custody of inmates and is responsible for their welfare, including facilitating necessary medical care. However, this does not permit corrections personnel or a warden to automatically assume the role of the patient's medical decision-maker. Except for narrow exceptions, prisoners do not lose their rights to medical decision-making. In some instances, corrections staff or the prison warden have improperly asserted authority to act as the patient's medical decision-maker, such as when the patient lacks decision-making capacity. This violates ethical principles of bodily integrity, respect, and fairness. This paper provides an overview of medical decision-making for incarcerated patients, how surrogate decision-maker hierarchies apply to incarcerated patients without decision-making capacity, and special considerations for this subset of patients.
虽然监狱提供现场初级保健,但惩戒系统依靠外部医院提供各种保健服务。与一般人群相比,被监禁的病人患慢性疾病、精神疾病、药物滥用、癌症、创伤性脑损伤、袭击和传染病的比率更高。临床医生的某些专业可能会遇到被监禁的病人,这使得临床医生了解当病人是囚犯时医疗决策可能会有什么不同,这一点很重要。惩教制度保留囚犯的监护权,并负责他们的福利,包括提供必要的医疗服务。然而,这并不允许惩戒人员或监狱长自动承担患者医疗决策者的角色。除少数例外情况外,囚犯不会失去医疗决策的权利。在某些情况下,惩教人员或监狱看守不恰当地声称有权作为病人的医疗决策者,例如在病人缺乏决策能力的情况下。这违反了身体完整、尊重和公平的道德原则。本文概述了监禁患者的医疗决策,代理决策者层次结构如何适用于没有决策能力的监禁患者,以及对这部分患者的特殊考虑。
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引用次数: 0
Rational suicide and schizophrenia 理性自杀和精神分裂症
Q1 Arts and Humanities Pub Date : 2022-10-17 DOI: 10.1177/14777509221133054
N. Zhand, David G. Attwood
The concept of rational suicide argues that suicide could be a rational choice, in certain circumstances. Such an argument faces criticism when there is an accompanying mental illness, as many view suicide as a symptom of mental illness rather than as a rational choice about one's life. More specifically, the rational suicide debate has mostly excluded individuals with schizophrenia, as it is widely seen as a disorder that impairs rational decision making. This paper aims to examine the concept of rational suicide in schizophrenia: Could it be possible that some acts of suicide are driven from a rational choice by patients suffering from schizophrenia? This paper does not include discussions related to physician-assisted dying in schizophrenia.
理性自杀的概念认为,在某些情况下,自杀可能是一种理性的选择。当伴随着精神疾病时,这种说法会受到批评,因为许多人将自杀视为精神疾病的症状,而不是对自己生活的理性选择。更具体地说,理性自杀的争论大多将精神分裂症患者排除在外,因为它被广泛视为一种损害理性决策的障碍。本文旨在探讨精神分裂症患者理性自杀的概念:是否有可能某些自杀行为是由精神分裂症病人的理性选择所驱动的?这篇论文不包括与精神分裂症医生协助死亡有关的讨论。
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引用次数: 0
Defining the role of facilitated mediation in medical treatment decision-making for critically ill children in the Australian clinical context 确定在澳大利亚临床环境中促进调解在危重儿童医疗决策中的作用
Q1 Arts and Humanities Pub Date : 2022-09-25 DOI: 10.1177/14777509221125340
A. Preisz, Neera Bhatia, Patsi Michalson
In this article, we explore alternative conflict resolution strategies to assist families and clinicians in cases of intractable dissent in paediatric health care decision-making. We focus on the ethical and legal landscape using cases from the Australian jurisdiction in New South Wales, while referencing some global sentinel cases. We highlight a range of alternative means of addressing conflict, including clinical ethics support, and contrast and contextualise facilitative or interest-based mediation, concluding that legal intervention via the courts can be protracted and distressing and should be a ‘last resort’. We acknowledge many might view this as the current status quo, but we go further to recommend strategies optimal for all parties to recognise early signs of conflict and prevent its harmful escalation. While more empirical research is needed, we contend that interest-based mediation may be a valuable adjunctive method of conflict resolution. If judiciously distinguished from and utilised with clinical ethical support, it can be an effective tool to address dissent and its negative sequelae in paediatric healthcare decision-making.
在这篇文章中,我们探讨替代性冲突解决策略,以协助家庭和临床医生在儿科医疗保健决策的疑难异议的情况下。我们将重点关注澳大利亚新南威尔士州司法管辖区的道德和法律环境,同时参考一些全球哨兵案例。我们强调了一系列解决冲突的替代方法,包括临床道德支持,对比和情境化促进或基于利益的调解,结论是通过法院进行法律干预可能是旷日持久和令人痛苦的,应该是“最后的手段”。我们承认,许多人可能认为这是目前的现状,但我们进一步建议最适合各方的战略,以识别冲突的早期迹象并防止其有害的升级。虽然需要更多的实证研究,但我们认为基于利益的调解可能是一种有价值的冲突解决辅助方法。如果明智地区分和使用临床伦理支持,它可以是一个有效的工具,以解决异议及其在儿科医疗保健决策的负面后果。
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引用次数: 0
Clinical equipoise: Why still the gold standard for randomized clinical trials? 临床平衡:为什么仍然是随机临床试验的金标准?
Q1 Arts and Humanities Pub Date : 2022-09-25 DOI: 10.1177/14777509221121107
Charlemagne Asonganyi Folefac, Hugh Desmond
The principle of clinical equipoise has been variously characterized by ethicists and clinicians as fundamentally flawed, a myth, and even a moral balm. Yet, the principle continues to be treated as the de facto gold standard for conducting randomized control trials in an ethical manner. Why do we hold on to clinical equipoise, despite its shortcomings being widely known and well-advertised? This paper reviews the most important arguments criticizing clinical equipoise as well as what the most prominent proposed alternatives are. In the process, it evaluates the justification for continuing to use clinical equipoise as the gold standard for randomized control trials.
伦理学家和临床医生对临床均衡原则的各种描述都是有根本缺陷的,是一个神话,甚至是一种道德慰藉。然而,这一原则仍然被视为以伦理方式进行随机对照试验的事实黄金标准。为什么我们坚持临床均衡,尽管它的缺点广为人知,广告也很好?本文回顾了批评临床均衡的最重要论点,以及最突出的替代方案。在此过程中,它评估了继续使用临床平衡作为随机对照试验金标准的理由。
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引用次数: 0
Is there a right to a fully vaccinated care team? 是否有权利建立一个完全接种疫苗的护理小组?
Q1 Arts and Humanities Pub Date : 2022-09-01 DOI: 10.1177/14777509221077391
Jordan L Schwartzberg, Jeremy Levenson, J. Appel
Although COVID-19 vaccines are free and readily available in the United States, many healthcare workers remain unvaccinated, potentially exposing their patients to a life-threatening pathogen. This paper reviews the ethical and legal factors surrounding patient requests to limit their care teams exclusively to vaccinated providers. Key factors that shape policy in this area include patient autonomy, the rights of healthcare workers, and the duties of healthcare institutions. Hospitals must also balance the rights of interested parties in the context of logistical constraints, equity, and public health considerations.
尽管新冠肺炎疫苗在美国是免费且随时可用的,但许多医护人员仍然没有接种疫苗,这可能会使他们的患者接触到危及生命的病原体。本文回顾了围绕患者要求将其护理团队仅限于接种疫苗的提供者的伦理和法律因素。影响这一领域政策的关键因素包括患者自主权、医护人员的权利和医疗机构的职责。医院还必须在后勤限制、公平和公共卫生考虑的背景下平衡利益相关方的权利。
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引用次数: 1
Living bioethics, clinical ethics committees and children's consent to heart surgery. 生命伦理学、临床伦理委员会和儿童同意接受心脏手术。
Q1 Arts and Humanities Pub Date : 2022-09-01 Epub Date: 2021-07-30 DOI: 10.1177/14777509211034145
Priscilla Alderson, Deborah Bowman, Joe Brierley, Martin J Elliott, Romana Kazmi, Rosa Mendizabal-Espinosa, Jonathan Montgomery, Katy Sutcliffe, Hugo Wellesley

This discussion paper considers how seldom recognised theories influence clinical ethics committees. A companion paper examined four major theories in social science: positivism, interpretivism, critical theory and functionalism, which can encourage legalistic ethics theories or practical living bioethics, which aims for theory-practice congruence. This paper develops the legalistic or living bioethics themes by relating the four theories to clinical ethics committee members' reported aims and practices and approaches towards efficiency, power, intimidation, justice, equality and children's interests and rights. Different approaches to framing ethical questions are also considered. Being aware of the four theories' influence can help when seeking to understand and possibly change clinical ethics committee routines. The paper is not a research report but is informed by a recent study in two London paediatric cardiac units. Forty-five practitioners and related experts were interviewed, including eight members of ethics committees, about the work of informing, preparing and supporting families during the extended process of consent to children's elective heart surgery. The mosaic of multidisciplinary teamwork is reported in a series of papers about each profession, including this one on bioethics and law and clinical ethics committees' influence on clinical practice. The qualitative social research was funded by the British Heart Foundation, in order that more may be known about the perioperative views and needs of all concerned. Questions included how disputes can be avoided, how high ethical standards and respectful cooperation between staff and families can be encouraged, and how minors' consent or refusal may be respected, with the support of clinical ethics committees.

本讨论文件探讨了鲜为人知的理论如何影响临床伦理委员会。另一篇论文探讨了社会科学中的四大理论:实证主义、解释学、批判理论和功能主义,这些理论可以鼓励法律伦理学理论,也可以鼓励以理论与实践相一致为目标的实用生活生物伦理学。本文通过将这四种理论与临床伦理委员会成员所报告的目标、实践以及对待效率、权力、恐吓、公正、平等和儿童利益与权利的方法联系起来,阐述了法律主义或生活生物伦理的主题。还考虑了提出伦理问题的不同方法。了解这四种理论的影响有助于理解并在可能的情况下改变临床伦理委员会的常规工作。本文并非研究报告,但参考了最近在伦敦两家儿科心脏科进行的一项研究。我们对 45 名从业人员和相关专家进行了访谈,其中包括伦理委员会的 8 名成员,内容涉及在儿童心脏择期手术同意书的扩展过程中为家属提供信息、准备和支持的工作。有关各专业的一系列论文,包括这篇关于生物伦理学和法律以及临床伦理委员会对临床实践的影响的论文,都对多学科团队合作的马赛克进行了报道。这项定性社会研究由英国心脏基金会资助,目的是为了更多地了解围手术期所有相关人员的观点和需求。问题包括如何避免纠纷,如何鼓励工作人员和家属之间的高道德标准和相互尊重的合作,以及如何在临床伦理委员会的支持下尊重未成年人的同意或拒绝。
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引用次数: 0
A new era for Clinical Ethics 临床伦理学的新时代
Q1 Arts and Humanities Pub Date : 2022-08-07 DOI: 10.1177/14777509221113405
Jonathan Lewis
Kicking off this new issue of the journal, I am delighted to be able to announce that I have recently taken over the role of Editor-in-Chief. Firstly, and also on behalf of the Editorial Advisory Board, I wish to thank Søren Holm for his devotion to the journal and for all his hard and first-rate work over the past 10 years as Editor-in-Chief. In Søren’s hands, and, previously, in the hands of Bobbie Farsides and Sue Eckstein, and with the support of all members of the Editorial Advisory Board (both past and present), the journal has become established as one of the most prominent and important cross-disciplinary and service-user oriented publications in the field. On a related note, I am immensely grateful to the following outgoing members of the Editorial Advisory Board for their diligence and support of Clinical Ethics since its inception:
我很高兴地宣布,我最近接任了这本新一期杂志的主编一职。首先,我也代表编辑咨询委员会感谢瑟伦·霍尔姆对该杂志的奉献,感谢他在过去10年担任主编期间所做的辛勤和一流的工作。在Søren的手中,以及之前在Bobbie Farsides和Sue Eckstein的手中,在编辑咨询委员会所有成员(过去和现在)的支持下,该杂志已成为该领域最突出和重要的跨学科和面向服务用户的出版物之一。在一个相关的方面,我非常感谢以下即将离任的编辑咨询委员会成员自《临床伦理》成立以来的辛勤工作和支持:
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引用次数: 1
Financial incentives and moral distress in Australian audiologists and audiometrists 澳大利亚听力学家和听力测量学家的经济激励和道德困境
Q1 Arts and Humanities Pub Date : 2022-08-04 DOI: 10.1177/14777509221117687
Andrea Simpson, Meg Fawcett, Lily McLeod, Jennifer Lin, Selda Tuncer, Bojana Šarkić
Introduction Financial incentive schemes have been commonly used by the hearing aid industry as a way of encouraging device sales. These schemes can lead to a conflict of interest as the hearing device dispenser is torn between personal reward over the best interests of their client. This conflict of interest has the potential for the dispenser to develop “moral distress”, a negative state of mind when an individual’s ethical values contrast with those of the employing organization. The purpose of this study was to investigate if there was a relationship between financial incentives and moral distress in Australian audiologists and audiometrists. Methods An online survey was distributed to all members of Audiology Australia and the Australian College of Audiology via email. Participants rated their perceived moral distress from 0 to 10 on the Moral Distress Thermometer and answered four questions about financial incentives in their respective workplace. Results A total of 65 participants, 42 females and 23 males, completed the online survey. A quarter of participants rated their moral distress corresponding to levels of uncomfortable or above. A statistically significant association was found between financial incentives, sales target setting, and higher perceived moral distress in participants. Conclusions For our sample, the implementation of financial incentives created ethical challenges for practicing audiologists and audiometrists. Modifications to employee rewards programs as well as a regulation of device sales are recommended.
引言助听器行业普遍采用财政激励计划来鼓励设备销售。这些方案可能会导致利益冲突,因为助听器分配器在个人奖励和客户最大利益之间左右为难。这种利益冲突有可能使分发者产生“道德痛苦”,当个人的道德价值观与雇佣组织的道德价值观念形成对比时,这是一种消极的心态。本研究的目的是调查澳大利亚听力学家和听力测量学家的经济激励和道德困境之间是否存在关系。方法通过电子邮件向澳大利亚听力学学会和澳大利亚听力学学院的所有成员分发一份在线调查。参与者在道德痛苦温度计上对他们感知到的道德痛苦进行了0到10的评分,并回答了四个关于各自工作场所经济激励的问题。结果共有65名参与者(42名女性和23名男性)完成了在线调查。四分之一的参与者将他们的道德痛苦评定为不舒服或以上的程度。研究发现,参与者的经济激励、销售目标设定和更高的道德痛苦感之间存在统计学显著关联。结论在我们的样本中,实施经济激励给执业听力学家和听力测量学家带来了道德挑战。建议对员工奖励计划进行修改,并对设备销售进行监管。
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引用次数: 0
Unenviable decisions: Is it ethically justifiable to withhold parenteral nutrition from infants with ultra-short bowel syndrome? 不令人羡慕的决定:对患有超短肠综合征的婴儿不给予肠外营养在伦理上是否合理?
Q1 Arts and Humanities Pub Date : 2022-08-02 DOI: 10.1177/14777509221117979
Peterson Jlh
Infant A was born at term with an antenatal diagnosis of gastroschisis. His parents were well informed about the condition and understood that he would require surgery. However, at delivery, his bowel was found to be severely compromised. Infant A returned from theatre with only four centimeters of small bowel. This is physiologically devastating and easily qualifies as ultrashort bowel syndrome (USBS). Whilst the prognosis from ultrashort bowel syndrome is greatly improving, the condition continues to carry a significant risk of mortality and morbidity, in part attributable to treatment itself. The cornerstone of management of USBS is provision of intravenous parenteral nutrition (PN). This is not a physiologically normal route of nutrition; it is a medical treatment. Infant A’s parents questioned whether continuation of active treatment was appropriate. If a treatment is not in the patient’s best interests, then it can be argued it is not justified to administer it. Decisions about quality of life are intensely personal. Where there is a significant burden of treatment, even when there is a potential for increased survival, whether the course of treatment is in the child’s best interests must be taken with huge emphasis on the parental perspective and their family values. For well-informed, realistic parents who are welcoming of the full picture of information and implications of their decision, I argue that parents are best placed to make the decision for their child. Long-term PN for USBS may well be a medically encouraged treatment. However, it should not be medically mandated.
婴儿A出生于足月,产前诊断为腹裂。他的父母很清楚他的病情,并知道他需要手术。然而,在分娩时,他的肠道被发现严重受损。婴儿A从手术室回来时,小肠只有4厘米。这在生理上是毁灭性的,很容易被定性为超短肠综合征(USBS)。虽然超短肠综合征的预后正在大大改善,但这种情况仍有很大的死亡和发病风险,部分原因是治疗本身。USBS管理的基石是提供静脉外营养(PN)。这不是生理上正常的营养途径;这是一种治疗方法。婴儿A的父母质疑继续积极治疗是否合适。如果一种治疗不符合患者的最大利益,那么可以说它没有理由实施。关于生活质量的决定是非常个人化的。在有重大治疗负担的情况下,即使有可能提高存活率,治疗过程是否符合儿童的最大利益,也必须高度重视父母的观点和他们的家庭价值观。对于见多识广、现实的父母来说,他们对自己的决定的全部信息和影响表示欢迎,我认为父母最适合为孩子做出决定。USBS的长期PN可能是医学上鼓励的治疗方法。然而,它不应该是医学强制要求的。
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引用次数: 0
Attitudes toward end-of-life decisions other than assisted death amongst doctors in Northern Portugal 葡萄牙北部医生对协助死亡以外的临终决定的态度
Q1 Arts and Humanities Pub Date : 2022-08-02 DOI: 10.1177/14777509221117683
J. Ferraz-Gonçalves
Doctors often deal with end-of-life issues other than assisted death, such as incompetent patients and treatment withdrawal, including food and fluids. A link to a questionnaire was sent by email three times, at one-week intervals, to the doctors registered in the Northern Section of the Portuguese Medical Association. The questionnaire was returned by 1148 (9%) physicians. This study shows that only a minority of Portuguese doctors were willing to administer drugs in lethal doses to cognitively incompetent patients at the request of a family member or other close person, and even less would do it on their initiative. Most doctors favored the withdrawal of life support measures in advanced and progressive diseases at the patient’s request. Still, much fewer doctors agreed with the suspension of supportive life measures at the request of a family member, another close person, or by their own unilateral decision. However, fewer agreed with that action concerning the rest of the food and fluids. Portuguese doctors favor the administration of drugs for suffering control, even foreseeing they could shorten life. Most doctors in this study respect patients’ autonomy but disagree with measures decided by others that have an impact on patients’ survival. They also agree with the administration of drugs for suffering control, even considering the possibility of shortening life.
医生经常处理辅助死亡以外的临终问题,如不称职的患者和包括食物和液体在内的治疗退出。调查问卷的链接通过电子邮件发送了三次,间隔一周,发送给在葡萄牙医学协会北区注册的医生。1148名(9%)医生返回了调查表。这项研究表明,只有少数葡萄牙医生愿意应家人或其他亲密人士的要求,为认知能力不强的患者服用致命剂量的药物,更少的医生会主动服用。大多数医生都赞成在患者要求下取消晚期和进行性疾病的生命支持措施。尽管如此,很少有医生同意应家庭成员、另一位亲密人士的要求或自己的单方面决定暂停支持性生活措施。然而,在剩下的食物和液体方面,很少有人同意这一行动。葡萄牙医生赞成使用药物来控制痛苦,甚至预见到这些药物会缩短生命。这项研究中的大多数医生尊重患者的自主性,但不同意其他人决定的对患者生存有影响的措施。他们也同意服用药物来控制痛苦,甚至考虑到缩短寿命的可能性。
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引用次数: 0
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Clinical Ethics
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