Referral vs Transfer of Care: Ethical Options When Values Differ

2021 ◽  
pp. 002436392110559
Author(s):  
Cynthia Jones-Nosacek
Keyword(s):  
Healthcare Professional ◽  
Moral Obligation ◽  
Assisted Suicide ◽  
Conscientious Objection ◽  
Physician Assisted Suicide ◽  
Transfer Of Care ◽  
Autonomous Decision

Conscientious objection (CO) in medicine is where a healthcare professional (HCP) firmly opposes, with an expression of reasoned disapproval, a legally available procedure or treatment that is proscribed by one’s conscience. While there remains controversy regarding whether conscientious objection should be a part of medicine, even among those who support CO state that if the HCP does not provide the requested service such as abortion, physician assisted suicide, etc., there is an obligation on the part of the objecting HCP to refer to someone who will provide it. However, referral makes the referring HCP complicit in the act the referrer believes to be immoral since the referrer has a duty to know that the HCP who will accept the patient is not only able to do the procedure but is competent in its performance as well. The referrer thus facilitates the process. Since one has a moral obligation to limit complicity with immoral actions when it cannot be avoided, the alternative is to allow the patient to transfer care to another when the patient has made the autonomous decision to reject the advice of the HCP.

Spanish regulation of euthanasia and physician-assisted suicide

2021 ◽  
pp. medethics-2021-107523
Author(s):  
Tamara Raquel Velasco Sanz ◽  
Pilar Pinto Pastor ◽  
Beatriz Moreno-Milán ◽  
Lydia Frances Mower Hanlon ◽  
Benjamin Herreros
Keyword(s):  
Palliative Care ◽  
Assisted Suicide ◽  
Conscientious Objection ◽  
Comprehensive Care ◽  
Healthcare Team ◽  
Physician Assisted Suicide ◽  
Care Dependency ◽  
Spanish Law ◽  
Specific Composition ◽  
The Law

In March 2021, the Spanish Congress approved the law regulating euthanasia, that regulates both euthanasia and physician-assisted suicide (PAS). In this article, we analyse the Spanish law regulating euthanasia and PAS, comparing it with the rest of the European laws on euthanasia and PAS (Netherlands, Belgium and Luxembourg). Identified strengths of the Spanish law, with respect to other norms, are that it is a law with many safeguards, which broadly recognises professionals’ right to conscientious objection and the specification that it makes on the prior comprehensive care of the patient, including the approach to care dependency. Regarding its shortcomings, the law does not differentiate well between euthanasia and PAS; it barely assigns a role to the healthcare team as a whole (similar to other regulations); it does not clarify the functions of the different professionals involved; it does not detail the specific composition and duration of theevaluation commission; it has not been accompanied by a prior or simultaneous regulation of palliative care; and, lastly, the period of time to implement the law is too short.

Conscientious objection and physician-assisted suicide: a viable option in the UK?

2018 ◽  
pp. bmjspcare-2018-001541
Author(s):  
Derek Willis ◽  
Rob George
Keyword(s):  
Assisted Suicide ◽  
Healthcare Professionals ◽  
Conscientious Objection ◽  
Future Application ◽  
Medical Professionals ◽  
Physician Assisted Suicide ◽  
Viable Option ◽  
Medical Practitioners ◽  
The Uk ◽  
Legal Grounds

Conscience objection is a proposed way of ensuring that medical practitioners who object to physician-assisted suicide may avoid having to be involved in such a procedure if this is legalised. This right on the part of healthcare professionals already exists in certain circumstances. This paper examines the ethical and legal grounds for conscientious objection for medical professionals and shows how it is heavily criticised in circumstances where it is already used. The paper comes to the conclusion that as the grounds and application of conscience objection are no longer as widely accepted, its future application in any legislation can be called into question.

Euthanasia and Related Practices Worldwide

Crisis ◽  
1998 ◽  
Vol 19 (3) ◽  
pp. 109-115 ◽  
Author(s):  
Michael J Kelleher † ◽  
Derek Chambers ◽  
Paul Corcoran ◽  
Helen S Keeley ◽  
Eileen Williamson
Keyword(s):  
Assisted Suicide ◽  
International Association ◽  
Active Euthanasia ◽  
Physician Assisted Suicide ◽  
Passive Euthanasia ◽  
Medical Practitioners ◽  
General Acceptance ◽  
International Importance ◽  
Controversial Area ◽  
Active And Passive Euthanasia

The present paper examines the occurrence of matters relating to the ending of life, including active euthanasia, which is, technically speaking, illegal worldwide. Interest in this most controversial area is drawn from many varied sources, from legal and medical practitioners to religious and moral ethicists. In some countries, public interest has been mobilized into organizations that attempt to influence legislation relating to euthanasia. Despite the obvious international importance of euthanasia, very little is known about the extent of its practice, whether passive or active, voluntary or involuntary. This examination is based on questionnaires completed by 49 national representatives of the International Association for Suicide Prevention (IASP), dealing with legal and religious aspects of euthanasia and physician-assisted suicide, as well as suicide. A dichotomy between the law and medical practices relating to the end of life was uncovered by the results of the survey. In 12 of the 49 countries active euthanasia is said to occur while a general acceptance of passive euthanasia was reported to be widespread. Clearly, definition is crucial in making the distinction between active and passive euthanasia; otherwise, the entire concept may become distorted, and legal acceptance may become more widespread with the effect of broadening the category of individuals to whom euthanasia becomes an available option. The “slippery slope” argument is briefly considered.

Sign in / Sign up

Export Citation Format

Share Document