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Journal articles on the topic 'Medical paternalism'

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Published: 4 June 2021
Last updated: 27 April 2022

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1

Gillon, R. "Paternalism and medical ethics." BMJ 290, no. 6486 (June 29, 1985): 1971–72. http://dx.doi.org/10.1136/bmj.290.6486.1971.

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2

Groll, Daniel. "Medical Paternalism - Part 2." Philosophy Compass 9, no. 3 (March 2014): 194–203. http://dx.doi.org/10.1111/phc3.12110.

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3

Groll, Daniel. "Medical Paternalism - Part 1." Philosophy Compass 9, no. 3 (March 2014): 186–93. http://dx.doi.org/10.1111/phc3.12111.

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4

Boddington, Paula, and Heta Hayry. "The Limits of Medical Paternalism." Philosophical Quarterly 43, no. 171 (April 1993): 263. http://dx.doi.org/10.2307/2220385.

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5

Hanson, Robin. "Making sense of medical paternalism." Medical Hypotheses 70, no. 5 (January 2008): 910–13. http://dx.doi.org/10.1016/j.mehy.2007.09.002.

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6

Corn, Benjamin W. "Medical paternalism: who knows best?" Lancet Oncology 13, no. 2 (February 2012): 123–24. http://dx.doi.org/10.1016/s1470-2045(11)70372-2.

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7

Wicclair, M. R. "Medical paternalism in House M.D." Medical Humanities 34, no. 2 (December 1, 2008): 93–99. http://dx.doi.org/10.1136/jmh.2008.000372.

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8

Wyatt, J. "Medical paternalism and the fetus." Journal of Medical Ethics 27, Supplement 2 (October 1, 2001): ii15—ii20. http://dx.doi.org/10.1136/jme.27.suppl_2.ii15.

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9

Stone, Malcolm. "An end to medical paternalism?" British Journal of Healthcare Management 5, no. 11 (November 1999): 454. http://dx.doi.org/10.12968/bjhc.1999.5.11.19483.

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10

Bullock, Emma C. "Mandatory Disclosure and Medical Paternalism." Ethical Theory and Moral Practice 19, no. 2 (August 27, 2015): 409–24. http://dx.doi.org/10.1007/s10677-015-9632-2.

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11

Specker Sullivan, Laura. "Medical maternalism: beyond paternalism and antipaternalism." Journal of Medical Ethics 42, no. 7 (February 18, 2016): 439–44. http://dx.doi.org/10.1136/medethics-2015-103095.

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12

Jefford, Michael, Julian Savulescu, Jacqui Thomson, Penelope Schofield, Linda Mileshkin, Emilia Agalianos, and John Zalcberg. "Medical paternalism and expensive unsubsidised drugs." BMJ 331, no. 7524 (November 3, 2005): 1075–77. http://dx.doi.org/10.1136/bmj.331.7524.1075.

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13

Perry, Clifton B., and William B. Applegate. "Medical Paternalism and Patient Self-determination." Journal of the American Geriatrics Society 33, no. 5 (May 1985): 353–59. http://dx.doi.org/10.1111/j.1532-5415.1985.tb07136.x.

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14

Kent, Elizabeth. "The Autonomous Patient – Ending Paternalism in Medical Care The Autonomous Patient – Ending Paternalism in Medical Care." Nursing Standard 17, no. 20 (January 29, 2003): 29. http://dx.doi.org/10.7748/ns2003.01.17.20.29.b76.

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15

McLachlan, A. J., and R. T. Mulder. "Criteria for Involuntary Hospitalisation." Australian & New Zealand Journal of Psychiatry 33, no. 5 (October 1999): 729–33. http://dx.doi.org/10.1080/j.1440-1614.1999.00636.x.

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Objective: The aim of this paper is to provide an overview of the ethical bases of compulsory commitment legislation. Method: The ethical principles of beneficence and autonomy are examined and used to identify criteria for the commitment of mentally ill patients. Results: Two aspects of beneficence, medical paternalism and social paternalism, are discussed. It is argued that social paternalism is insufficient ethically to warrant involuntary admission, and that the basis for compulsory hospitalisation is medical paternalism. Conclusion: The central role of autonomy in medical ethics suggests a patient should have a diminished capacity for autonomous decision-making and a potential to benefit from hospitalisation, as well as a risk of harm to self (including self-neglect) to warrant committal. In specific circumstances, the risk of harm to others may also justify committal. These ethical principles may be at odds with public attitudes.
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16

Mendoza, Roger Lee. "Autonomy and paternalism in medical e-commerce." Medicine, Health Care and Philosophy 18, no. 3 (December 30, 2014): 379–91. http://dx.doi.org/10.1007/s11019-014-9619-0.

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17

McCullough, L. B., and Alan W. Cross. "Respect for autonomy and medical paternalism reconsidered." Theoretical Medicine 6, no. 3 (October 1985): 295–308. http://dx.doi.org/10.1007/bf00489731.

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18

Katolo, Artur. "Paternalism-moral duties of physicians in the ancient medical ethics." E-Theologos. Theological revue of Greek Catholic Theological Faculty 1, no. 1 (April 1, 2010): 12–20. http://dx.doi.org/10.2478/v10154-010-0002-x.

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19

McCoy, Matthew. "Autonomy, Consent, and Medical Paternalism: Legal Issues in Medical Intervention." Journal of Alternative and Complementary Medicine 14, no. 6 (July 2008): 785–92. http://dx.doi.org/10.1089/acm.2007.0803.

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20

Holt, JM. "The autonomous patient: ending paternalism in medical care." Clinical Medicine 3, no. 6 (November 1, 2003): 589–90. http://dx.doi.org/10.7861/clinmedicine.3-6-589.

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21

Flanigan, Jessica. "Refusal rights, law and medical paternalism in Turkey." Journal of Medical Ethics 39, no. 10 (April 17, 2013): 636–37. http://dx.doi.org/10.1136/medethics-2012-100945.

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22

Whitbeck, Caroline. "Why the Attention to Paternalism in Medical Ethics?" Journal of Health Politics, Policy and Law 10, no. 1 (1985): 181–87. http://dx.doi.org/10.1215/03616878-10-1-181.

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23

Hart, J. T. "The Autonomous Patient: Ending Paternalism in Medical Care." JRSM 95, no. 12 (December 1, 2002): 623–24. http://dx.doi.org/10.1258/jrsm.95.12.623.

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24

Knight, M. A. "The police surgeon's view Medical paternalism is unacceptable." BMJ 311, no. 7020 (December 16, 1995): 1620–21. http://dx.doi.org/10.1136/bmj.311.7020.1620a.

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25

Häyry, Heta. "Freedom, Autonomy, and the Limits of Medical Paternalism." Science & Technology Studies 4, no. 1 (January 1, 1991): 61–64. http://dx.doi.org/10.23987/sts.55037.

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26

Kent, Elizabeth. "The Autonomous Patient – Ending Paternalism in Medical CareThe Autonomous Patient – Ending Paternalism in Medical Care Paternalism Medical Care Angela Coulter The Nuffield Trust 121pp £5.99 +£3 pp 0 11 703056 2 0117030562." Nursing Standard 17, no. 20 (January 29, 2003): 29. http://dx.doi.org/10.7748/ns.17.20.29.s52.

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27

Whelan, Darius. "Application of the Paternalism Principle to Constitutional Rights: Mental Health Case-Law in Ireland." European Journal of Health Law 28, no. 3 (June 11, 2021): 223–43. http://dx.doi.org/10.1163/15718093-bja10047.

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Abstract In adjudicating on matters relating to fundamental constitutional or human rights, courts make important statements about the principles which apply. The principles articulated will have a profound impact on the outcomes of such cases, and on the development of case-law in the relevant field. In the fields of medical law and mental health law, various courts have moved away from deference to medical decision-making and paternalism to a person-centred rights-based approach. However, courts in Ireland have continued to interpret mental health law in a paternalistic fashion, praising paternalism as if it is particularly suitable for mental health law. This raises profound questions about judicial attitudes to people with mental health conditions and judicial reluctance to confer full personhood on people with disabilities. This article outlines case-law in Ireland regarding paternalism in mental health law and discusses the consequences for constitutional rights in Ireland.
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28

Breier-Mackie, Sarah. "Patient Autonomy and Medical Paternity: can nurses help doctors to listen to patients?" Nursing Ethics 8, no. 6 (November 2001): 510–21. http://dx.doi.org/10.1177/096973300100800605.

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Nurses are increasingly faced with situations in practice regarding the prolongation of life and withdrawal of treatment. They play a central role in the care of dying people, yet they may find themselves disempowered by medical paternalism or ill-equipped in the decision-making process in end-of-life situations. This article is concerned with the ethical relationships between patient autonomy and medical paternalism in end-of-life care for an advanced cancer patient. The nurse’s role as the patient’s advocate is explored, as are the differences between nursing and medicine when confronted with the notion of patient autonomy. The impetus for this discussion stems from a clinical encounter described in the following scenario.
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29

Kassirer, Samantha, Emma E. Levine, and Celia Gaertig. "Decisional autonomy undermines advisees’ judgments of experts in medicine and in life." Proceedings of the National Academy of Sciences 117, no. 21 (May 7, 2020): 11368–78. http://dx.doi.org/10.1073/pnas.1910572117.

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Over the past several decades, the United States medical system has increasingly prioritized patient autonomy. Physicians routinely encourage patients to come to their own decisions about their medical care rather than providing patients with clearer yet more paternalistic advice. Although political theorists, bioethicists, and philosophers generally see this as a positive trend, the present research examines the important question of how patients and advisees in general react to full decisional autonomy when making difficult decisions under uncertainty. Across six experiments (N= 3,867), we find that advisers who give advisees decisional autonomy rather than offering paternalistic advice are judged to be less competent and less helpful. As a result, advisees are less likely to return to and recommend these advisers and pay them lower wages. Importantly, we also demonstrate that advisers do not anticipate these effects. We document these results both inside and outside the medical domain, suggesting that the preference for paternalism is not unique to medicine but rather is a feature of situations in which there are adviser–advisee asymmetries in expertise. We find that the preference for paternalism holds when advice is solicited or unsolicited, when both paternalism and autonomy are accompanied by expert guidance, and it persists both before and after the outcomes of paternalistic advice are realized. Lastly, we see that the preference for paternalism only occurs when decision makers perceive their decision to be difficult. These results challenge the benefits of recently adopted practices in medical decision making that prioritize full decisional autonomy.
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30

Fry, Anthony, and Tania L. Gergel. "Paternalism and factitious disorder: medical treatment in illness deception." Journal of Evaluation in Clinical Practice 22, no. 4 (June 9, 2015): 565–74. http://dx.doi.org/10.1111/jep.12388.

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31

Rodriguez-Osorio, Carlos A., and Guillermo Dominguez-Cherit. "Medical decision making: paternalism versus patient-centered (autonomous) care." Current Opinion in Critical Care 14, no. 6 (December 2008): 708–13. http://dx.doi.org/10.1097/mcc.0b013e328315a611.

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32

Foster, Charles. "The rebirth of medical paternalism: An NHS Trust v Y." Journal of Medical Ethics 45, no. 1 (October 9, 2018): 3–7. http://dx.doi.org/10.1136/medethics-2018-105098.

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Over the last quarter of a century, English medical law has taken an increasingly firm stand against medical paternalism. This is exemplified by cases such as Bolitho v City and Hackney Health Authority, Chester v Afshar, and Montgomery v Lanarkshire Health Board. In relation to decision-making on behalf of incapacitous adults, the actuating principle of the Mental Capacity Act 2005 is respect for patient autonomy. The only lawful acts in relation to an incapacitous person are acts which are in the best interests of that person. The 2005 Act requires a holistic assessment of best interests. Best interests are wider than ‘medical best interests’. The 2018 judgment of the Supreme Court in An NHS Trust v Y (which concerned the question of whether a court needed to authorise the withdrawal of life-sustaining clinically administered nutrition/hydration (CANH) from patients in prolonged disorders of consciousness (PDOC)) risks reviving medical paternalism. The judgment, in its uncritical endorsement of guidelines from various medical organisations, may lend inappropriate authority to medical judgments of best interests and silence or render impotent non-medical contributions to the debate about best interests—so frustrating the 2005 Act. To minimise these dangers, a system of meditation should be instituted whenever it is proposed to withdraw (at least) life-sustaining CANH from (at least) patients with PDOC, and there needs to be a guarantee of access to the courts for families, carers and others who wish to challenge medical conclusions about withdrawal. This would entail proper public funding for such challenges.
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33

Somberg, John C. "The Food and Drug Administrationʼs Paternalism." American Journal of Therapeutics 17, no. 6 (November 2010): 533–34. http://dx.doi.org/10.1097/mjt.0b013e3182027b95.

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34

Sangdeuk Kim. "A Study on the Justification of Paternalism in Medical Practic." Korean Journal of Medical Ethics 19, no. 4 (December 2016): 447–69. http://dx.doi.org/10.35301/ksme.2016.19.4.447.

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35

Ayodele, John A. "The realities surrounding the applicability of medical paternalism in Nigeria." Global Journal of Social Sciences 15, no. 1 (January 30, 2017): 55. http://dx.doi.org/10.4314/gjss.v15i1.6.

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36

Bagheri, Alireza. "Regulating Medical Futility: Neither Excessive Patient's Autonomy Nor Physician's Paternalism." European Journal of Health Law 15, no. 1 (2008): 45–53. http://dx.doi.org/10.1163/092902708x300181.

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AbstractIn the era of an aging population and escalating healthcare costs, the futility debate has become the object of extended critical attention. The issue has divided experts in relevant fields into two camps. The proponents of medical futility defend the physician's exclusive right to determine the futility of treatment and decide whether treatment should be withheld or withdrawn. On the other hand, opponents believe that a discourse of power lies at the heart of the futility debate. They believe that medical futility was constructed, in part, as a means of enhancing the physician's domination in a context wherein medical authority was threatened. This paper presents some current approaches to the futility debate and highlights positions taken by physicians and bioethicists. It concludes that establishing an operational guideline, either at hospital or national level, is a critical requirement for resolving problems posed by futility. It suggests that policies should not be based on either excessive patient's autonomy or physician's paternalism.
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37

Bell, M. D. Dominic. "Does ReSPECT neutralise medical paternalism in end-of-life care?" Resuscitation 162 (May 2021): 423–25. http://dx.doi.org/10.1016/j.resuscitation.2021.03.018.

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38

Skrzypek, Michał. "The social and clinical determinants of proportions between paternalism and partnership in therapeutic relationships in medicine." Polish Journal of Public Health 127, no. 4 (December 1, 2017): 176–81. http://dx.doi.org/10.1515/pjph-2017-0038.

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Abstract The subject of the article are the contextual determinants of the formula of the therapeutic relationship in medicine with regard to the proportions between paternalism and partnership. The article was inspired by the results of two recent editions of the Organisation for Economic Co-operation and Development (OECD) “Health at a Glance” studies of 2015 and 2017; in their light, Poland ranks at the bottom of ratings concerning patient satisfaction with communication with doctors. According to these studies, the therapeutic relationship in medicine in Polish society appears to be petrified in the paternalist formula, not sufficiently taking into account the autonomy and agency of patients. Based on the analysis of the determinants of a broader tendency, described in Western studies, consisting in the wider development of partnership relationships between doctors and patients, the study will show individual barriers, social ones, including structural and institutional, as well as clinical barriers to implementation in medical practice of the partnership model of therapeutic relationships in medicine, which assumes the active involvement of patients in clinical decision-making as well as in the processes of medical treatment.
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39

Dai, Qingkang. "Informed Consent in China: Status Quo and its Future." Medical Law International 6, no. 1 (March 2003): 53–71. http://dx.doi.org/10.1177/096853320300600104.

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Informed consent is one of the fundamental rights of a patient. However it used to be ignored in mainland China and was neither academically discussed nor a matter of practical concern until recent years. Paternalism was dominant in the practice of traditional Chinese medicine which was intensely influenced by Confucianism. The historic medical paternalism was reinforced under communism and the planned economy due to the communist beliefs. But it has been frequently challenged in recent years with patients' awakening awareness of rights and the advent of rights-defending litigation culture in the course of the transformation to market economy. Nevertheless, the current Chinese laws lag behind this patients' awakening awareness and litigation culture. The resulting deficiency in Chinese laws governing medical relations has created dilemmas and chaos in the resolution of medical disputes. In conclusion, the author appeals for the amendment of Chinese law and tries to point out how it should be amended.
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40

Gavaghan, C. ""You can't handle the truth"; medical paternalism and prenatal alcohol use." Journal of Medical Ethics 35, no. 5 (April 30, 2009): 300–303. http://dx.doi.org/10.1136/jme.2008.028662.

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41

MCCULLOUGH, LAURENCE B. "WAS BIOETHICS FOUNDED ON HISTORICAL AND CONCEPTUAL MISTAKES ABOUT MEDICAL PATERNALISM?" Bioethics 25, no. 2 (December 22, 2010): 66–74. http://dx.doi.org/10.1111/j.1467-8519.2010.01867.x.

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42

McGrath, Pam, Amandeep Kaur, Rennette Feracho, and Mary Anne Patton. "Medical “Gatekeeping” for Psychosocial Research on Serious Illness." Illness, Crisis & Loss 28, no. 3 (July 18, 2017): 218–33. http://dx.doi.org/10.1177/1054137317718999.

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The discussion explores ethical issues associated with medical “gatekeeping” in relation to psychosocial health research associated with serious illness and loss. “Gatekeeping” is defined as the process whereby health-care providers prevent access to eligible patients for research recruitment. The impact of this practice on the research process is explored, including issues of sample representation, selection bias, and wastage of time and resources. The reflection of ethical issues is set in the context of research on clinical empathic responsiveness and accuracy, paternalism, and the ethical principles of autonomy, beneficence, and justice.
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43

Coggon, John, and José Miola. "AUTONOMY, LIBERTY, AND MEDICAL DECISION-MAKING." Cambridge Law Journal 70, no. 3 (November 2011): 523–47. http://dx.doi.org/10.1017/s0008197311000845.

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A central tenet to much ethical argument within medical law is patient autonomy.1 Although we have seen a welcome move away from a system governed by largely unchecked paternalism, there is not universal agreement on the direction in which medical law should advance.2 Competing concerns for greater welfare and individual freedom, complicated by an overarching commitment to value-pluralism, make this a tricky area of policy-development.3 Furthermore, there are distinct understandings of, and justifications for, different conceptions of autonomy.4 In this paper, we argue that in response to these issues, there has been a failure by the courts properly to distinguish political concepts of liberty and moral concepts of autonomy.
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44

Lombardo, Paul A. "How to Escape the Doctor's Dilemma?: De-Medicalize Reproductive Technologies." Journal of Law, Medicine & Ethics 43, no. 2 (2015): 326–29. http://dx.doi.org/10.1111/jlme.12248.

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Kara Swanson has painted a textured portrait of Alan Guttmacher, showing the tension between his embrace of medical paternalism and simultaneous rejection of the legal paternalism that regulated women’s access to abortion before Roe v. Wade. Swanson explains Guttmacher’s route, navigating the troubled waters between “what was medically indicated and what was legally permissible” in the realm of reproductive medicine, the path that Guttmacher identified as the “doctor’s dilemma.” She takes us from his 1930s practice, creatively assisting in his patient’s use of reproductive technologies such as artificial insemination, to the era post Roe v. Wade, after which he seems to have come to terms with a fuller commitment to autonomous reproductive choices. We learn that Guttmacher’s early career provided opportunities to exercise some of his prerogatives as a doctor in the absence of clear legal constraints. By the end of his life, the Supreme Court came close to having endorsed his preference, as Swanson notes, “privileging the doctor/patient relationship and medical expertise.”
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45

Moryan-Blanchard, Kristen, Lefkothea P. Karaviti, Marni Axelrad, Paul Austin, and David Mann. "Paternalism in DSD Management: A Real and Present Threat." Journal of the Endocrine Society 5, Supplement_1 (May 1, 2021): A703—A704. http://dx.doi.org/10.1210/jendso/bvab048.1433.

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Abstract In 1965, a botched circumcision left Bruce Reimer, a healthy, 8-month old XY male, with a disfigured penis. At the recommendation of Dr. John Money and physicians at Johns Hopkins, the infant was reassigned to female sex and underwent an orchiectomy and vaginoplasty. The family renamed the child “Brenda.” Unaware of her history, Brenda struggled with significant gender identity, psychological, and behavioral issues throughout her childhood and adolescence. When made aware of this history, she transitioned to male gender and assumed the name “David.” After years of psychological distress, David Reimer committed suicide in 2004. Despite the myriad lessons gleaned from this tragic story, medical and surgical management of children with atypical genitalia still remains often misguided, as providers continue to assume paternalistic roles in determining sex assignment and surgical interventions. A fifteen year old XY male with Robinow Syndrome presented for evaluation of hypogonadism and urinary incontinence. At birth, the patient was discovered to have a micropenis and perineal hypospadias and was diagnosed with hypogonadotropic hypogonadism. At the recommendation of the medical team, the infant underwent bilateral orchiectomy at eight months of age followed by urethroplasty and vaginoplasty at six years of age. The child was then given a female sex assignment. At twelve years of age, the child felt discordant from the sex of rearing and wished to be identified as male—his natal, genetic sex. He transitioned to male gender and began testosterone injections. He had history of recurrent UTIs and severe incontinence requiring diaper use. He strongly desired neophallus and urethral reconstruction for improved quality of life. The patient endorsed prior depression and desires to self-harm. He had significant concerns regarding his gender presentation and transition. He shared his difficulties in continuing in the same school system with peers who knew him as a female prior to transition and was concerned about peers knowing his medical history. In the years since the famous David Reimer case, the medical system has made tremendous strides in recognizing the need for patient autonomy and shared decision-making in patients with Differences of Sex Development and genital atypia. However, the paternalistic history of this field continues to leave its indelible mark more than 20 years since David Reimer’s case made headlines, as physicians continue to recommend definitive sex assignments and surgical interventions. As with the David Reimer case, the bodily integrity of this XY infant was altered in a permanent fashion with inadequate education of his family and little to no credence given to the autonomy of the child himself. We, as physicians, cannot continue to paternalistically apply John Money’s concept of gender neutrality and rigidly mandate sex assignments and early surgical interventions.
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46

Mathur, Abhay, Renee M. Tholey, Scott W. Cowan, Charles J. Yeo, and Michael S. Weinstein. "Thomas Percival: Medical Ethics and the Balance of Paternalism and Informed Consent." American Surgeon 85, no. 11 (November 2019): 516–17. http://dx.doi.org/10.1177/000313481908501102.

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47

Hart, Julian Tudor. "Book of the Month: The Autonomous Patient: Ending Paternalism in Medical Care." Journal of the Royal Society of Medicine 95, no. 12 (December 2002): 623–24. http://dx.doi.org/10.1177/014107680209501215.

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48

Kjellin, L., and T. Nilstun. "Medical and social paternalism Regulation of and attitudes towards compulsory psychiatric care." Acta Psychiatrica Scandinavica 88, no. 6 (December 1993): 415–19. http://dx.doi.org/10.1111/j.1600-0447.1993.tb03483.x.

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49

Arleevsky, I. P. "On the issue of paternalism in medicine (polemical notes)." Kazan medical journal 82, no. 2 (April 3, 2001): 155. http://dx.doi.org/10.17816/kazmj70220.

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In recent years, in the works devoted to medical bioethics, the idea is persistently carried out that traditional paternalism is increasingly leaving Russian medicine and partnership principles in the doctor-patient relationship are being established on a legal basis. This position is presented as something self-evident, does not require special evidence, as the ultimate truth [1]. However, this is not entirely true, or, more precisely, it is not at all true.
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50

Jansen, Lynn A., Steven Wall, and Franklin G. Miller. "Drawing the line on physician-assisted death." Journal of Medical Ethics 45, no. 3 (November 21, 2018): 190–97. http://dx.doi.org/10.1136/medethics-2018-105003.

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Drawing the line on physician assistance in physician-assisted death (PAD) continues to be a contentious issue in many legal jurisdictions across the USA, Canada and Europe. PAD is a medical practice that occurs when physicians either prescribe or administer lethal medication to their patients. As more legal jurisdictions establish PAD for at least some class of patients, the question of the proper scope of this practice has become pressing. This paper presents an argument for restricting PAD to the terminally ill that can be accepted by defenders as well as critics of PAD for the terminally ill. The argument appeals to fairness-based paternalism and the social meaning of medical practice. These two considerations interact in various ways, as the paper explains. The right way to think about the social meaning of medical practice bears on fair paternalism as it relates to PAD and vice versa. The paper contends that these considerations have substantial force when directed against proposals to extend PAD to non-terminally ill patients, but considerably less force when directed against PAD for the terminally ill. The paper pays special attention to the case of non-terminally ill patients who suffer from treatment-resistant depression, as these patients present a potentially strong case for extending PAD beyond the terminally ill.
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