Putting Patient Autonomy in its Proper Place; Professional Norm-Guided Medical Decision-Making

2016 ◽  
Vol 26 (4) ◽  
pp. 457-482 ◽  
Author(s):  
Thomas Huddle
Keyword(s):  
Decision Making ◽  
Patient Autonomy ◽  
Medical Decision Making ◽  
Medical Decision ◽  
Proper Place ◽  
Professional Norm

scholarly journals Covid-19: Refracting decision-making through the prism of resource allocation

2020 ◽  
Vol 88 (2) ◽  
pp. 97-101
Author(s):  
Richard WM Law ◽  
Kartina A Choong
Keyword(s):  
Decision Making ◽  
Resource Allocation ◽  
Critical Care ◽  
Clinical Judgment ◽  
Patient Autonomy ◽  
Medical Decision Making ◽  
Resource Constraints ◽  
Medical Decision ◽  
History Of ◽  
Care Decision

Medical decision-making has, across the history of the NHS, made a transitional journey from a model characterised by paternalism to one which places emphasis on partnership and patient autonomy. This article assesses the extent to which the circumstances generated by the Covid-19 pandemic affect the mode of critical care decision-making. It observes that clinical judgment influenced by protocols, algorithms and resource constraints do not lend themselves to full identification with either of the two frameworks familiar to the NHS. The unique mode of decision-making engendered can only be understood on its own terms.

Informed Consent: Physician Inexperience is a Material Risk for Patients

2007 ◽  
Vol 35 (3) ◽  
pp. 478-485 ◽  
Author(s):  
Richard J. Veerapen
Keyword(s):  
United States ◽  
Decision Making ◽  
Informed Consent ◽  
Information Disclosure ◽  
Patient Autonomy ◽  
Medical Decision Making ◽  
The United States ◽  
Positive Influence ◽  
Medical Decision ◽  
Canadian Law

The Canadian law governing informed consent was significantly influenced by the decision of its Supreme Court in Reibl v. Hughes, a case that involved a physician’s failure to warn the patient about the risk of stroke after carotid endarterectomy. Even though most Canadian plaintiffs after Reibl have continued to lose informed consent cases, it is likely that the judgement in this case has significantly influenced the manner in which physicians now approach the discussion of risk while obtaining consent not only in Canada but also in several other jurisdictions.The development of informed consent law in the United States similarly became one of the drivers for change in physicians’ practices of information disclosure to their patients. The effect of Reibl on clinical practice is an outstanding example of the law’s positive influence on medical practice, especially in protecting patient autonomy during collaborative medical decision-making.

scholarly journals THE GROWTH OF PATIENT AUTONOMY IN MODERN MEDICAL PRACTICE AND THE DEFINED LIMITATIONS UNDER THE SHARĪ’AH

2014 ◽  
Vol 22 (2) ◽  
Author(s):  
Puteri Nemie Jahn Kassim
Keyword(s):  
Decision Making ◽  
Medical Practice ◽  
Patient Autonomy ◽  
Medical Decision Making ◽  
Self Determination ◽  
Medical Decision ◽  
Legal Cases ◽  
Modern Medical Practice ◽  
The Right ◽  
Islamic Values

The concept of patient autonomy or self-determination is one of the dominant ethos in modern medical practice. The demands by patients to be given respect, independence and dignity in medical decision making have been heeded and mirrored in many ethical codes and judicial decisions. The development of the law relating to informed consent, euthanasia, confidentiality, and reproduction issues have clearly reflected the reinforcement of patient autonomy in which patients’ choices should be free from coercion and unwanted interference. Paternalistic infringement in these areas have been regarded as outmoded and are disfavoured, as respect for a patient’s right to determine his own destiny is given precedence.  The escalating medico-legal cases have further emphasised the salience of this concept in the provision of medical services. Nevertheless, while the importance of patient autonomy is duly recognised, the advancement of this concept is not without its limitations; it accordingly has to evolve within the perimeters of one’s religious and cultural precepts. For Muslim patients, the right and ability to make their own choices and decisions about medical care and treatment must be within the defined limitations of the Sharī’ah. The emphasis on individualism, personal gratification and the denial of faith in medical decision making is inconsistent with Islamic values. Therefore it is necessary that principles relating to the concept of patient autonomy be developed within the sphere of the Sharī’ah, in order to ensure their coherence with the doctrinal requirements stipulated in Islam.

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