Healthcare and Human Dignity
202 pages, 6 x 9
Paperback
Release Date:13 Dec 2019
ISBN:9781978802957
Hardcover
Release Date:13 Dec 2019
ISBN:9781978802964
Healthcare and Human Dignity
Law Matters
Rutgers University Press
The individual and structural biases that affect the American healthcare system have serious emotional and physical consequences that all too often go unseen. These biases are often rooted in power, class, racial, gender or sexual orientation prejudices, and as a result, the injured parties usually lack the resources needed to protect themselves. In Healthcare and Human Dignity, individual worth, equality, and autonomy emerge as the dominant values at stake in encounters with doctors, nurses, hospitals, and drug companies. Although the public is aware of legal battles over autonomy and dignity in the context of death, the everyday patient’s need for dignity has received scant attention. Thus, in Healthcare, law professor Frank McClellan’s collection of cases and individual experiences bring these stories to life and establish beyond doubt that human dignity is of utmost priority in the everyday process of healthcare decision making.
This is an excellent book. The stories are terrific, the analysis pitched just right, and the underlying themes of fair treatment, dignity, and inequality of treatment based on race are well-developed.'
Engaging, conversational, thought-provoking...McClellan's writing blends ethical arguments, a lay person's understandings of dignity, and legal frameworks very well. I felt as I was reading that someone was clearly and carefully walking me through stories about human dignity, medicine, and the law. His is a very humanistic legal gaze.'
McClellan...maintains that violation of the trust between physician and patient may result from conscious or unconscious bias against a specific group of people. Such violations repeat themselves in part due to the short memory of the public. Within this context, McClellan also stresses that the rule of law is central to protecting human dignity when patients are seeking health care. The negative influence on human dignity of racism, limited access, high cost, and power relationships in health care is at the heart of McClellan's argument. Recommended.
Frank McClellan is a professor of law emeritus at the Beasley School of Law, Temple University, Philadelphia. He is the author of Medical Malpractice: Law, Tactics and Ethics (Temple University Press, 1994) and co-author of Tort Law: Cases, Perspectives, and Problems (LexisNexis, 1991-2007).
PART ONE: FIGHTING FOR ACCESS TO CARE
Introduction: Human Dignity as a Lived Experience
1 Healthcare and Law: Appreciating the Need to Protect Human Dignity: Law Matters: Law Matters: Introduction to the Powers and Limitations of American Law
2 Philosophical and Legal Conceptions of Dignity: Trusting Your Doctor: Defining Dignity: Law Matters.
3 Emergency Care in America: Law, Morality and Ethics “I’m nobody. Who are you? Are you nobody too?”: Economic vs. Moral Decision-Making: Seeking Help From Strangers: A Pregnant Woman: Reflections on Law, Morality and Ethics: The Wallet Biopsy: Patient Dumping
PART TWO: POWER AND TRUST
4 Professional Bias, Class Bias, and Power: Emotional Distress: Abuse of Power, Intentional Torts and Dignitary Harms: Tort Law and Patient Autonomy
5 The Love Doctor: Sex and Gender Bias; Breach of Trust and Abuse of Power: Medical Ethics and Professional Power: Law matters
6 Innovative Therapy and Medical Experimentation: The Maverick Surgeon: Medical Experimentation on Children?: Law Matters: Legal Cases: Lessons Learned: Legal Regulation of Professional Medical Care: Trying a New Approach with a New Device: The Legal Rules Governing Medical Malpractice Claims: Medical Research, Ethics and Law: Lessons Learned
PART THREE: RACISM IN HEALTHCARE: PRACITCE, POLICY AND LAW
7 Introduction: Perspectives on Racism: “Black People Just Don’t Understand”– the Botched Hysterectomy: Race, Healthcare, and Human Dignity
8 Healthcare Disparities as a Lived Experience: One Family’s Story: Unequal Community Access
9 Catastrophic Injuries: Protecting and Restoring Human Dignity: The Lawsuit That Lasted Ten Years: Life After A Catastrophic Injury: Reflections on Healthcare, Law and Catastrophic Injuries
10 Orthopedic Health Disparities: Grappling with Socioeconomic Factors that Affect Health and Healthcare: Being Human: Joint and Bone Health: Informed Consent and Shared Decision-Making: Toward Patient-Centered Care: Revisiting Kathy Jones
11 Paying for Healthcare Costs: Lessons From a 50-Year-Old Government Program Called Medicare: Sustainability Issue: Payment Models and Human Dignity: A Personal Story: Lessons from Managed Care: Setting Limits: Medicare for All?: The Fight Over Obamacare:
12 Health Care and Human Dignity in a Diverse and Changing World the Critical Role of Empathy, Compassion and Humility: Humility: Empathy: Conclusion
Introduction: Human Dignity as a Lived Experience
1 Healthcare and Law: Appreciating the Need to Protect Human Dignity: Law Matters: Law Matters: Introduction to the Powers and Limitations of American Law
2 Philosophical and Legal Conceptions of Dignity: Trusting Your Doctor: Defining Dignity: Law Matters.
3 Emergency Care in America: Law, Morality and Ethics “I’m nobody. Who are you? Are you nobody too?”: Economic vs. Moral Decision-Making: Seeking Help From Strangers: A Pregnant Woman: Reflections on Law, Morality and Ethics: The Wallet Biopsy: Patient Dumping
PART TWO: POWER AND TRUST
4 Professional Bias, Class Bias, and Power: Emotional Distress: Abuse of Power, Intentional Torts and Dignitary Harms: Tort Law and Patient Autonomy
5 The Love Doctor: Sex and Gender Bias; Breach of Trust and Abuse of Power: Medical Ethics and Professional Power: Law matters
6 Innovative Therapy and Medical Experimentation: The Maverick Surgeon: Medical Experimentation on Children?: Law Matters: Legal Cases: Lessons Learned: Legal Regulation of Professional Medical Care: Trying a New Approach with a New Device: The Legal Rules Governing Medical Malpractice Claims: Medical Research, Ethics and Law: Lessons Learned
PART THREE: RACISM IN HEALTHCARE: PRACITCE, POLICY AND LAW
7 Introduction: Perspectives on Racism: “Black People Just Don’t Understand”– the Botched Hysterectomy: Race, Healthcare, and Human Dignity
8 Healthcare Disparities as a Lived Experience: One Family’s Story: Unequal Community Access
9 Catastrophic Injuries: Protecting and Restoring Human Dignity: The Lawsuit That Lasted Ten Years: Life After A Catastrophic Injury: Reflections on Healthcare, Law and Catastrophic Injuries
10 Orthopedic Health Disparities: Grappling with Socioeconomic Factors that Affect Health and Healthcare: Being Human: Joint and Bone Health: Informed Consent and Shared Decision-Making: Toward Patient-Centered Care: Revisiting Kathy Jones
11 Paying for Healthcare Costs: Lessons From a 50-Year-Old Government Program Called Medicare: Sustainability Issue: Payment Models and Human Dignity: A Personal Story: Lessons from Managed Care: Setting Limits: Medicare for All?: The Fight Over Obamacare:
12 Health Care and Human Dignity in a Diverse and Changing World the Critical Role of Empathy, Compassion and Humility: Humility: Empathy: Conclusion
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