Substitute decision making in medicine: comparative analysis of the ethico-legal discourse in England and Germany

Details

Serval ID
serval:BIB_3CAAE242DA86
Type
Article: article from journal or magazin.
Publication sub-type
Review (review): journal as complete as possible of one specific subject, written based on exhaustive analyses from published work.
Collection
Publications
Title
Substitute decision making in medicine: comparative analysis of the ethico-legal discourse in England and Germany
Journal
Med Health Care Philos
Author(s)
Jox R. J., Michalowski S., Lorenz J., Schildmann J.
ISSN
1386-7423 (Print)
ISSN-L
1386-7423
Publication state
Published
Issued date
06/2008
Volume
11
Number
2
Pages
153-63
Language
english
Notes
Jox, Ralf J
Michalowski, Sabine
Lorenz, Jorn
Schildmann, Jan
eng
Research Support, Non-U.S. Gov't
Netherlands
2007/11/08 09:00
Med Health Care Philos. 2008 Jun;11(2):153-63. Epub 2007 Nov 7.
Abstract
Health care decision making for patients without decisional capacity is ethically and legally challenging. Advance directives (living wills) have proved to be of limited usefulness in clinical practice. Therefore, academic attention should focus more on substitute decision making by the next of kin. In this article, we comparatively analyse the legal approaches to substitute medical decision making in England and Germany. Based on the current ethico-legal discourse in both countries, three aspects of substitute decision making will be highlighted: (1) Should there be a legally predefined order of relatives who serve as health care proxies? (2) What should be the respective roles and decisional powers of patient-appointed versus court-appointed substitute decision-makers? (3) Which criteria should be determined by law to guide substitute decision-makers?
Keywords
*Decision Making, England, *Ethics, Clinical, *Family, Germany, Humans, Mental Competency, Proxy/*legislation & jurisprudence
Pubmed
Create date
14/07/2017 9:09
Last modification date
20/08/2019 13:32
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