1993
		
		
	
	Jeffrey Blustein
	
		- No profession has undergone as much scrutiny in the 
	past several decades as that of medicine. Indeed, one might well argue 
	that no profession has ever undergone so much change in so short a time. 
	An essential part of this change has been the growing insistence that 
	competent, adult patients have the right to decide about the course of 
	their own medical treatment. However, the familiar and widely accepted 
	principle of patient self-determination entails a corollary that has 
	received little attention in the growing literature on the ethics of 
	physician-patient relations: if patients are to direct the course of 
	their own medical treatment, then physicians are at least sometimes to be 
	guided in their actions on behalf of patients by values that are not, and 
	may even be incompatible with, their own values. Unless it is supposed 
	that it would be best if physicians were simply to accommodate any and 
	all patient requests, a possibility I consider and reject in this paper, 
	there are bound to be numerous instances of legitimate moral conflict 
	between the preferences of physicians and patients. In this paper, I 
	examine the implications of this sort of moral conflict from the 
	standpoint of the integrity of the physician.
 
	
    Brushwood DB. 
	Conscientious 
    objection and abortifacient drugs. Clin Ther 1993 Jan-Feb;15(1):204-12; discussion 168 
	 University of Florida, Gainesville. PMID: 8458050 
	D.B. Brushwood
	Abstract:  The legal right to assert a conscientious objection is 
	reviewed, using as an example the dispensing of abortifacient drugs by 
	pharmacists. The three areas of law that most significantly concern the 
	right to assert a conscientious refusal are employment law, conscience 
	clauses, and religious discrimination law. Each of these is reviewed, with 
	descriptions of recent cases. It is concluded that employment law protects 
	refusals that are consistent with public policy, but does not permit an 
	employee's personal policy to determine how a business will be run; that 
	conscience clauses appear to provide protection for pharmacists who object 
	to dispensing abortifacients, but that the precise meanings of critical 
	words and phrases in some clauses need to be defined; and that even though 
	laws of religious discrimination require that employers accommodate 
	religious beliefs, they may not protect a pharmacist who objects to 
	dispensing abortifacients if the accommodation becomes unreasonably 
	burdensome.
    
	Leah L. Curtin
	
		- Three critical care nurses in Michigan worked together efficiently as 
	they resuscitated an irreversibly dying man. All the while, tears ran 
	down their cheeks. This man had suffered for weeks. He had begged them to 
	let him die. But there were orders and policies, and ... 
 
	
	A delivery room nurse in California was accused of attempted 
	manslaughter because she obeyed a "verbal order" to set a severely 
	deformed neonate aside to die. Others saved the infant who later died of 
	dehydration and starvation when another physician ordered all 
	treatment(including food and water) withheld . . .
    Curtin LL. 
	Conscience and clinical care. 
    Nurs Manage 1993 Aug;24(8):26-8  PMID: 8345933
	Leah L. Curtin
	
		- . . . If the state itself does not presume to order the consciences of 
	Its citizens, how can employers, physicians or hierarchical superiors assume 
	such authority? For those in positions of power, it Is all too easy to 
	stifle the criticisms and consciences of subordinates by a summons to 
	authority - or by an accusation of insubordination. The irony of it is that 
	whether you succeed or fail in your attempts to force obedience through such 
	tactics, you will have Jost your most valuable asset - a inan or woman of 
	Integrity. Within the ethical, professional and legal restraints to which 
	all of us are subject, we can and must create a system that allows for 
	respectful dissent and conscientious objection. . .
 
	
	Daar JF. A clash at the bedside: 
	patient autonomy v. a physician's professional conscience.  Hastings Law J. 1993 Aug;44(6):1241-89.   PMID: 11652683
	Judith F. Daar
	
		- . . . Judge Belois's holding gave Helga Wanglie the right to demand, and 
	perhaps implicitly the right to receive, intensive medical treatment that at 
	least some physicians felt was medically inappropriate. Thus, if Cruzan is 
	properly pegged as a case about the "right to die," Wanglie surely stands as 
	a contrasting, yet complimentary case about the "right to live." On a 
	factual level, Cruzan stands in contrast to Wanglie in that Cruzan's family 
	sought to withdraw life-sustaining treatment, while the Wanglie family 
	sought to continue treatment in the face of physician objection. Given this 
	contrast, at first blush it may appear that the principles that emerged from 
	the Cruzans' battle for the right to die could not accommodate the dilemma 
	faced by the Wanglies in their quest for continuation of life. But a closer 
	look reveals the complimentary nature of these two situations: In both cases 
	the rights asserted by the patients' families were met with resistance and 
	ultimate opposition from the health care providers caring for the 
	incompetent patients. In the end, both courts looked favorably on the 
	principle of patient self-determination and held that, given a sufficient 
	level of evidence, patients or their surrogates have the right to direct the 
	patients' medical care even in the face of physician opposition. . .
 
	
    
	U. Hogberg
	
		 
	
	Eike-Henner Kluge
	
		- Suppose a physician is asked to perform a procedure that has no 
	recognized medical value and may harm the person who undergoes it. 
	Suppose that the person requesting it is doing so not on her behalf, 
	but for her young daughter. How should the physician respond?
 
	
	The answer is easy. The doctor will probably say that medical 
	ethics forbids undertaking any procedure that is potentially harmful 
	and has no therapeutic value.
    But suppose that the request is so deeply rooted in the cultural 
	background of the woman making the request that the mere suggestion 
	that the procedure is inappropriate would be regarded as a deep insult 
	to her cultural identity. . .
	
	W. Kymlicka
    
		- Abstract:  In this paper, I will express some 
	reservations about the usefulness of moral philosophy for the analysis of 
	public policy issues.... My question is whether taking morality seriously 
	requires taking moral philosophy seriously. This paper focuses on one 
	particular public policy context -- namely, government commissions into new 
	reproductive technologies, such as Britain's Warnock Committee, Australia's 
	Waller and Michael Committees, Canada's Baird Commission, and many 
	others.... Moral philosophers are sometimes asked to participate in these 
	commissions, either as Commissioners, staff, or expert advisers. How can 
	moral philosophers contribute to the analysis of public policy 
	recommendations on NRTs? A survey of the literature suggests that there are 
	two main views on this question, one of which is ambitious, the other more 
	modest. The ambitious view says that moral philosophers should attempt to 
	persuade Commissioners to adopt the right comprehensive moral theory (e.g. 
	adopt a deontological theory, rather than utilitarianism or 
	contractarianism), and then apply this theory to particular policy 
	questions. The more modest view shies away from promoting a particular moral 
	theory, given that the relative merits of different moral theories are a 
	subject of dispute even amongst moral philosophers. Instead, it says that 
	moral philosophers should attempt to ensure that the Commission's arguments 
	are clear and consistent. On this view, philosophers should focus on 
	identifying conceptual confusions or logical inconsistencies within the 
	Commission's arguments without seeking to influence its choice of the 
	underlying theory.
 
	
	
	R. M. Veatch, C.M. Spicer
	
		- Abstract: Eighteen years after the era of Karen Ann 
	Quinlan, the debate over futile care has shifted. Now some patients are 
	asking for treatment that care givers believe to be useless. In virtually 
	all cases of so-called futile care, the real disagreement is not over 
	whether a treatment will produce an effect; it is over whether some 
	agreed-on potential effect is of any value. An obvious reason to resist 
	providing care believed to be futile is that is appears to consume scarce 
	resources and therefore burden others. However, for care that affects the 
	dying trajectory but appears to most of us to offer no benefit, the proper 
	course is for society--not clinicians--to cut patients off. Under certain 
	circumstances patients should have the right to receive life-prolonging care 
	from their clinicians, provided it is equitable funded, even it the 
	clinicians believe the care is futile and even if it violates their 
	conscience to provide it. Society is not in a position to override a 
	competent patient who prefers to live even if life prolongation is 
	burdensome. For incompetent patients, if a clinician believes a treatment is 
	actually hurting a patient significantly, he or she may appeal to a court to 
	have it stopped. A society that forces people to die against their will 
	produces more offense than one that forces healthcare providers to provide 
	services that violate their conscience. And medical professionals have a 
	social contract with society to control the use of medical, life-prolonging 
	technologies
 
	
    
	Lynn D. Wardle
    
		- Abstract:  Although the federal government and most 
	states have enacted laws protecting healthcare providers' rights to refuse 
	to provide or participate in procedures to which they have moral or 
	religious objections, most such laws are deficient and many have been met 
	with hostile judicial interpretations that have diminished their scope and 
	strength. Deficiencies found in nearly all conscience clause laws include 
	limitations on the specific conduct or procedures protected, restrictive 
	definitions of the healthcare providers covered, and inadequate implementing 
	procedures and remedies. Most conscience clause statutes fail to provide 
	more than token protection for healthcare providers' rights of conscience. 
	Increasing duress on healthcare providers who assert rights of conscience 
	can be expected from three sources. First, some medical schools have 
	considered refusal to participate as a negative factor in the admission 
	process. Second, greater financial pressures on the American healthcare 
	system may cause nonmonetary factors to be sacrificed to the exigencies of 
	the moment. Third, all healthcare reform plans propose an increase in the 
	federal government's role in providing healthcare. At present, the only 
	federal statutory protection for healthcare providers' rights of conscience 
	covers participants in only a few federal programs, is poorly conceived, and 
	is sorely inadequate.
 
	
	
    Lynn D. Wardle
	
		- A growing number of healthcare practices implicate serious moral concerns 
	for growing numbers of healthcare providers. Social, legal, and medical 
	developments, including abortion, contraception, euthanasia, withdrawal of 
	feeding, blood transfusions, organ transplants, and routine autopsies, have 
	put healthcare providers in the vortex of some of society's most 
	controversial moral dilemmas.
 
	
	Westerholm B, Edgren M. [We are opposing the conscience 
    clause] Lakartidningen 1993 Sep 29;90(39):3302 (Letter)[Article in 
	Swedish]  PMID: 8412423 
	B. Westerholm, M. Edgren
    
		 
	
	K.W. Wildes
	
		- Abstract:  Practices such as physician assisted 
	suicide, even if legal, engender a range of moral conflicts to which many 
	are oblivious. A recent proposal for physician assisted suicide provides an 
	example by calling upon physicians opposed to suicide to refer patients to 
	other, more sympathetic, physicians. However, the proposal does not address 
	the moral concerns of those physicians for whom such referral would be 
	morally objectionable.