Bioethical and Evolutionary Approaches to Medicine and the Law

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American Bar Association, 2007 - Medical - 1174 pages
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Bioethics is a multidisciplinary field of law and one that can not be ignored. Bioethical and Evolutionary Approaches to Medicine and the Law is a comprehensive, scholarly analysis of bioethics and the development of its standards. The book is broken up into the following four parts: * Part I deals with scientific, religious, ethical and legal aspects of bioethics * Part II evaluates 100 current bioethical issues and sets forth specific approaches for their resolution * Part III focuses on medical, legal and other problems from beginning of life (overpopulation, birth control, in vitro fertilization, etc.) through end of life (physician assisted suicide, advance directives, euthanasia, etc.) * Part IV discusses the major bioethical issues in genetics and genetic engineering.
 

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Contents

Drawing Lines in Bioethics Medicine and the Law
3
2 Environmental Parts of Ethics
6
3 The European Union Convention on Human Rights ECHR and Bioethics Normal Medical Practice
9
4 The Partial Transition from Bioethics to the Law Charles Snow
11
a Differences between Bioethics Referred to the Hospitals Ethics Committee and Medical Malpractice Referred to the Hospitals Peer Review Committe...
14
b The Better Way to Face These Problems
23
The Creation and Evolution of the Universe and Humankind
27
1 Cosmic Evolution from the Beginning of Time
28
6 Proposal that Parents Share Some Expenses and Time
593
7 Infanticide and Abortions after Viability of Certain Types of Severely Defective Infants
595
Restrictions on the Sources and Allocation of Organ Transplants
605
1 Restrictions on Sources for Organ Transplant and Embryo Transfer in the Twentyfirst Century
606
a The Need for Consent to Organ Transplants
613
b Religious and Cultural Restrictions on Transplants
618
i Embryo Transfer for Stem Cell Research
621
c Donations to or by Living Mature Minors and Other Legal Incompetents
633

a The Big Bang and the Meaning of the Creator of the Universe Its Age and Evolution
32
b Potential of Progress in Astrobiology Astrology
41
2 The Importance of the Continuance of Evolution into Bioethics Medicine and the Law
46
b The Importance of Considering the Meaning of Evolution
54
c Evolutionary Advances by the Third Millennium
63
d A Key to the Basis of Significant Contingencies Not Design in Evolution
66
e Law and Biology
68
Religious Sources Their Restrictions and Their Possible Bioethical Standards
73
1 Certain Differences between Religious and Bioethical Standards
74
a Monotheism and Its Maintenance in Modern Times
76
b Consideration of Religious and Ethical Standards under the US Constitution
80
2 A Brief Look at Several of Americas Diverse Religions Together with Their Restrictions on Possible Medical and Ethical Sources
86
3 The Wall of Separation and Legal Bans on Teaching Religion in Public Schools
127
Some Differences and Difficulties with Science and Philosophy in the Search for Bioethical Standards
145
1 Better Reasoning and Performance of Science Law and Ethics Partially Distinguished
146
2 Some Scientists Are Religious Fewer Are Atheists and More Are Agnostics
151
a Prayer and Certain Conflicts Reincarnation
152
b Limitations of Science RiskBenefit Review by IRBs in Research Clinics Complementary and Alternative Medicine CAM
165
3 A Problem With the Use of Either Reason or Philosophy Alone
176
4 The Allegation of Neutral Principles Science and the Humanities
180
5 The Change in Modern Philosophy and Secular Humanism
185
Autonomy Responsibility and Informed Consent
189
1 Autonomy and Responsibility
190
b From Animal Autonomy to Human Autonomy
193
c Paternalistic Opposition to Individual Autonomy
200
d The Balance Between Autonomy and Responsibility Majority vs Minority
207
2 Eugenics Examples in Bioethical Issues
211
a The Ethical Need for Increased Individual Responsibility
214
b Bioethical Considerations of Religious Diversity and Educational Autonomy
218
Results from Advances in Autonomy
222
a The Golden Rule for Use by Physicians
226
b Alleged Reliance on Patients to Ask Questions
228
c Informed Consent Concerned with Alternative Treatments in Law and Medicine and the Rise of Consumerism
230
d Guidelines for Informed Consent in Medicine and the Law Mandating Reporting of Violence
233
e Informed Consent on Clinical Research under IRBs and Experimental Treatments during LifeThreatening Situations through Randomized PlaceboC...
237
f Informed Consent by Emergency Department Physicians EMTALA the Triad Terrorist Attacks Radiation Treatment
242
g Nuclear Terrorism
250
h Informed Consent v Ethnic Groups and Prisoners
258
i Informed Consent v Laws Authorizing Patient Access to Obtain Physician Profiles Medical Students Characterized as Doctors
261
j Mental Competence to Give Informed Consent
269
k Informed Consent by Minors
275
Ethics Bioethics and Ethics Committees
279
1 Lack of Fundamental Constitutional Rights to Healthcare and Education Costs
280
With and Without Religion
285
3 Ethics as Viewed by Some Physicians Errors and Interests Lack of Effective Discipline and Use of Placebos
293
b Evaluations of Physicians or Bioethicists Who Work for Manufacturers of Drugs or Medical Devices
294
c Peer Review Distinguished from Most Bioethical Committee Matters
308
d Medical Errors Lack of Reporting PSQIA and Medicare Fraud
312
e Doctoring Business with Fraud and Waste and Use of Double Standards for Admission to Medical Schools
322
4 The Vagueness of Bioethical Principles and the Need for an Alternative
325
5 TheTeaching of Bioethical Ethics and the Law Ethical Lapses
328
6 The Role of Biomedical Ethics Committees and the Meaning of Care
331
a JCAHOs Requirement of a Mechanism for Ethical Issues
332
b The Lack of Standards for Membership Credentials
336
c The Goals of Medicine and of Bioethics Committees Clarification and Other Goals
338
d Physician Dominance in Hospital Ethics Committee Decision Making
341
e Hospital and Ethics Committee Records
345
7 Organizational Ethics
348
a Health Maintenance Organizations HMOs ERISA and Rationing
349
b Fraud in Medicare and Medicaid Contracting Practices of Healthcare Organizations and Needs of Guidelines of the FAR
356
THE ISSUES BIOETHICS MUST CONTINUE TO SOLVE DURING THE TWENTYFIRST CENTURY
363
To Conceive or Not to Conceive The Ethics of Family Planning and Birth Control
365
1 Births within Marriage Divorce Same Sex and Births Outside of Marriage
366
2 The Great Ethical Problem of Overpopulation
378
b The Ethical Need to Establish a National Goal for Family Planning President Nixons Goal
383
c Immigration Ethics and Population Increase
387
d Environmental and Bioethical Problems Growing Out of Overpopulation
392
3 Ethical Actions That Can and Should Be Taken
396
i Involuntary Sterilization Castration and Mental Retardation
398
b Voluntary Birth Controls
404
i Voluntary Sterilization
405
ii Contraception Breastfeeding
408
iii Unintended Pregnancies
415
iv Emergency Contraception
418
Infertility Impotence and Cloning
421
1 Fertility and Impotence
422
b Public Subsidizing of Reproductive Assistance and Mandatory Insurance Coverage
428
c Fertility Clinics and Preimplantation Genetic Diagnosis Lack of Regulation by Many States Embryo Detraction
433
d Sperm Banks and Sperm Problems
446
e Egg Banks
450
f Frozen Eggs and Embryos and Agreements to Donate Them Posthumous Reproduction
453
g Multiple Births Resulting from Fertility Pills
460
h Artificial Insemination of Single Mothers
465
i Surrogacy
468
2 Cloning in the Third Millennium
472
b Some Religious Reactions
479
c Some Political and Legal Statements on Human Cloning and Stem Cell Research
481
d Some Views of Scientists and Physicians on Human Cloning
488
e Proposed Limits on Cloning in Ethics and the Law
490
The Choice of Abortion
497
1 Legality Privacy and Substantive Due Process
498
2 Restrictions on Public Funding of Abortions
508
3 Religion and Abortion
512
4 Abortion Pills and Other Devices
517
5 Unwanted Pregnancies Unmarried Mothers and Abortion Rates
521
6 Spousal and Parental Consent for Abortions
527
7 Harassing and Bombing Abortion Clinics
532
8 Formerly Mandated CSections to Save a Viable Fetus
537
9 Genetic Testing and Prenatal Counseling Gender Selection
541
10 Partial Birth and Postviability Abortions
549
11 Shortage of Physicians for Abortions
556
Fetal Abuse and Severely Defective Newborns
561
2 Withholding Medical Treatment from Severely Defective Premature Infants with Low Birth Weight
570
Intersex Conditions
577
4 Attempts to Prevent Premature Infants with Very Low Birth Weight and Futile Results in Certain Prenatal Births
581
5 Poor and Expensive Outcomes at Neonatal Intensive Care Units NICUs
585
d Sales of Organs
638
e Organs from Suicidal Donors and Executed Criminals Murderers
643
f Organs from Anencephalics
648
g Fetal Tissue and Mortality Ratesin Hospitals Age Limits
650
h Whole Brain Death by Neurologic Criteria and Persistent or Permanent Vegetative State PPVS
657
i Xenotransplants from Animals to Humans
668
2 Allocation of Donated Organs
674
a Allocation Priority to the Sickest Nationwide HIV Patients
675
b NonDirect Donations by Living Individuals
680
c Directed Donations by Living Persons
683
d Transplants to Patients with endstage renal disease ESRD
684
THE RIGHT TO DIE WITH DIGNITY
689
The Right to Dignity in the Dying Process
691
1 The Need for EndofLifeCare Professionals in the Dying Process
692
2 The Refusal to Acknowledge the Right to Die
704
3 Culture Longevity and Quality of Life Decisions Monism and Dualism
707
a Increasing Longevity
710
b Decreasing Longevity and Quality of Life
719
c Overweight Obesity and Earlier Deaths
735
4 Attempts to Change from the Slow Course to Death to Varieties of Approaches to Death KublerRoss
745
5 Pain and Its Partial Management
749
b Pain Management and Its Limitations
751
6 Costs Incurred Nearing EndofLife Healthcare
761
a Entitlements and Their Limitations Social Security
763
b Inequitable Allocations and Deceiving Healthcare Payers v HMOs
766
c Longterm Home Care and Nursing Homes
773
Improvements Needed in the Twentyfirst Century Right to Die
779
1 Training for EndofLife Care
780
a Advance Directives Living Wills
782
2 Surrogates Durable Powers of Attorney and Emergency Treatment EMTLA
791
DNR vs CPR
798
a Withholding Equals Withdrawal
802
b Withholding Nutrition and Hydration
803
c Patients in a Persistent or Permanent Vegetative State PPVS Without a Living Will or DPA Subjective Personhood
808
4 The Rights of Mature Minors to Die and Jehovahs Witnesses
813
Legal and Ethical
818
a Presumed Consent to Cardiopulmonary Resuscitation CPR
820
b Best Interests v Substituted Judgment
826
6 Limitations on Nonbeneficial Futile Treatment
828
a Treatment Beyond the Goals of Medicine
831
b Treatment Regardless of a Lack of Consensus on Futility
833
c The Unique Direction of Informed Consent
836
d A Way to Free Physicians from SelfInterest or Self Protection in Connection with Life Support Anencephalics
838
e The Authority and Responsibility of Physicians with ICUs and Authorized Executions
843
f The Current Method of Stopping Futile Treatment of Dying Patients by the AMA and by Texas
851
7 Slow Code
855
EndofLife Choices of Terminal Patients
857
1 The Choice of Suicide
858
b Various Reasons for Possible Suicides Taking Risks Motorcycles
862
c Limitations on the Duty to Deny Suicide
868
d The Option of Knowing That You Can
871
2 The Goals of the Hospice Option
873
a Assistance and Lack of Hospice Assistance in Dying
879
3 The Choice of PhysicianAssisted Suicide Double Effect Costs of Capital Punishment Procedures
881
a Some Religious Views on PAS
889
b The Choice of Double Effect or Euthanasia by the Use or Abuse of Lethal Doses of Pain Medication
891
c The Choice of PAS andor Double Effect in Oregon
896
4 Limitation in Model Statutes Mandatory Psychiatric Examination
907
5 Progressive Nullification of AntiPAS Statutes
910
b The Prohibition Analogy Nullification
911
c The Example of Dr Kevorkian
912
6 Other Choices of Euthanasia
914
BIOETHICS AND FUTURE SOMATIC AND GERMLINE GENE THERAPY
921
Bioethics on Genetics Superseding the Human Genome Project
923
1 The Human Genome Project
924
2 Genetically Modified Crops
934
3 Genetic Approaches to Disease Confidentiality NonDisease and Privacy
941
4 The Absence of Ethics and Morals in Patents on Genetically Engineered Living Things
952
5 The Possible Future of Inheritable Genetic Interventions and Changes in Homo Sapiens
960
a Clinical Trials on Genetic Research
964
b Distinctions Between Somatic and Germline Therapy
969
c Somatic Gene Therapy and Some Needs for Mandatory Testing
972
d The Publicity Needed for Recombinant DNA Research by Public andor Private Entities
982
e Germline Gene Therapy
985
i Age Limits
991
ii Intelligence Quotient Millionaires Brains of Males and Females and Sizes in Animals
996
iii The Importance of Germline Gene Therapy for Space Travel
1008
Epilogue
1021
I Twentyfirst Century Bioethical Decisions within Traditional Cultural Religious or Nontraditional Categories by Federal and State Courts
1033
Glossary
1045
Environmental Crises at the Turn of the Third Millennium
1077
1 Lifes Ecological Needs and Purposes According to Existential Philosophers Environmental Crises
1078
2 Biomass and the Lack in Accounting for the Loss in its Capital
1081
3 A Sustainable Environment in Forest and for Animals
1085
4 Social Structures of Humans and Two other Primates
1093
5 The Ocean and Their Fish and Whales
1094
6 The Human Need for Protection Against Release of Chemicals into the Atmosphere
1097
7 Ozone Depletion
1101
8 Global Warming and the Loss of Biological Diversity
1105
a Solar Moon and Wind Power vs Coal Gas and Oil
1108
b The Hydrogen Engine vs Electric Cars
1110
Some Views on Medicine in the Two Chinas and Tibet at the Turn of the Millennium
1113
1 Documentary Video Beyond The Clouds and an Interview with an Experienced Doctor
1114
2 Birth Control for Han Chinese Majority vs Minority
1116
a The Critical Appraisal of Dr Ruiping Fan
1117
b Some Remarks on Articles Contained in the Volume Chinese and International Philosophy of Medicine 1998
1118
3 Adoptions of Abandoned Girls by Foreigners in Beijing
1120
5 Reactions by Lawyers in the Other China Taiwan
1121
6 Tibet
1123
False Claims Act Settlements and Rulings in Healthcare Organizations
1125
Millennia
1135
Genetic Research and Economic Advantage of Abbreviated New Drug Applications
1137
Authors of Books Referenced in Footnotes
1143
Author Index
1153
Index
1159
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