[Law and freedom in medical decisions from the viewpoint of the law]. 1984

A Eser

Modern medicine has given doctors more and more possibilities for "manipulative" intervention in natural processes. However, even in the context of daily medical routine of beginning, continuing or terminating treatment, the doctor is repeatedly faced with the dilemma of whether to make use of the opportunities open to him. Contrary to the widely-held view that such decisions are of a purely empirico-medical nature, it becomes apparent with reference, for example, to the definition of death and the discontinuation of treatment that these decisions also have a normative-evaluative character. In relation to the postulate of the widest possible "medical discretion" emphasis is attached to the necessity for a legal framework for four functions of the law as regards the relationship between doctor and patient: protection--avoidance of abuse--presentation of guidelines--stabilisation of confidence. In conclusion the question of medical freedom in relation to active euthanasia is considered.

UI MeSH Term Description Entries
D007258 Informed Consent Voluntary authorization, by a patient or research subject, with full comprehension of the risks involved, for diagnostic or investigative procedures, and for medical and surgical treatment. Consent, Informed
D008318 Malpractice Failure of a professional person, a physician or lawyer, to render proper services through reprehensible ignorance or negligence or through criminal intent, especially when injury or loss follows. (Random House Unabridged Dictionary, 2d ed) Professional Negligence,Negligence,Negligence, Professional,Professional Negligences
D003657 Decision Making The process of making a selective intellectual judgment when presented with several complex alternatives consisting of several variables, and usually defining a course of action or an idea. Credit Assignment,Assignment, Credit,Assignments, Credit,Credit Assignments
D004992 Ethics, Medical The principles of professional conduct concerning the rights and duties of the physician, relations with patients and fellow practitioners, as well as actions of the physician in patient care and interpersonal relations with patient families. Medical Ethics
D005065 Euthanasia The act or practice of killing or allowing death from natural causes, for reasons of mercy, i.e., in order to release a person from incurable disease, intolerable suffering, or undignified death. (from Beauchamp and Walters, Contemporary Issues in Bioethics, 5th ed) Mercy Killing,Killing, Mercy,Killings, Mercy,Mercy Killings
D005860 Germany, West The former Federal Republic of Germany which was reunified with the former German Democratic Republic in 1990. Federal Republic of Germany,Germany, Federal Republic of
D006801 Humans Members of the species Homo sapiens. Homo sapiens,Man (Taxonomy),Human,Man, Modern,Modern Man
D013514 Surgical Procedures, Operative Operations carried out for the correction of deformities and defects, repair of injuries, and diagnosis and cure of certain diseases. (Taber, 18th ed.). Surgical Procedures,Ghost Surgery,Operative Procedures,Operative Surgical Procedure,Operative Surgical Procedures,Procedure, Operative Surgical,Procedures, Operative Surgical,Surgery, Ghost,Surgical Procedure, Operative,Operative Procedure,Procedure, Operative,Procedure, Surgical,Procedures, Operative,Procedures, Surgical,Surgical Procedure

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