Hostname: page-component-78c5997874-94fs2 Total loading time: 0 Render date: 2024-11-03T08:27:34.819Z Has data issue: false hasContentIssue false

The Bioethically Informed Attorney and the Humanization of Medicine

Published online by Cambridge University Press:  28 April 2021

Extract

Criticisms of the impersonal ways in which some physicians relate to their patients, as well as calls for the infusion of more compassion, empathy, and humanity into the delivery of medical care, have abounded in recent months, as physician-watching gains popularity as a major American sport. Various culprits have been ‘indicted” for current shortcomings in the humanistic quality of many physician/patient relationships: the traditional paternalistic orientation of the medical profession, the explosion in the scientific knowledge that physicians are expected to master, the growing importance and effectiveness of medical technology in diagnosing and curing disease, economic pressures, and the ever-present, anxiety-stimulating shadow of medical malpractice. Whatever its specific etiology, the too-prevalent concern for “curing” at the expense of “caring” among modern medical practitioners has been widely lamented in both professional and lay forums.

Type
Book Review Essay
Copyright
Copyright © American Society of Law, Medicine and Ethics 1985

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

See, e.g., Gorlin, R., Zucker, H.D., Physicians’ Reactions to Patients: A Key to Teaching Humanistic Medicine, New England Journal of Medicine 308(18): 308–63 (May 5, 1983) [hereinafter referred to as Physicians’ Reactions];, Jensen, P.S., The Doctor-Patient Relationship: Headed for Impasse or Improvement? Annals of Internal Medicine 95(6): 769–71 (December 1981); Trachtenberg, S.J., Can Medicine's Tarnished Image Be Restored? Postgraduate Medicine 73(3): 309–12 (March 1983).Google Scholar
Jonsen, A.R., Watching the Doctor, New England Journal of Medicine 308(25): 1531–35 (June 23, 1983).Google ScholarPubMed
See, e.g., Preston, T., The Clay Pedestal: A Re-Examination of the Doctor-Patient Relationship (Madrona Publishers, Seattle, Wash.) (1981). But see Kass, L.R., Ethical Dilemmas in the Care of the Ill; Part I: What Is the Physician's Service? Journal of the American Medical Association 244(16): 1811–16 (October 17, 1980) (arguing that physicians lately have moved too far away from paternalism and too far towards subservience to a patients’ rights model).Google Scholar
See Jonas, S., The Case for Change in Medical Education in the United States, Lancet 2(8400): 452–54 (August 25, 1984).Google ScholarPubMed
See Benjamin, W.W., Healing By the Fundamentals, New England Journal of Medicine 311(9): 595–97 (August 30, 1984); Cassileth, B., Training Doctors to Care, MD Magazine pp. 29–30 (May 1984) [hereinafter referred to as Training Doctors];, Schnabel, T.G., Is Medicine Still an Art? New England Journal of Medicine 309(20): 1258–61 (November 17, 1983).Google ScholarPubMed
See, e.g., Cousins, N., Unacceptable Pressures on the Physician, Journal of the American Medical Association 252(3): 351–52 (July 20, 1984); Reynolds, R.C., The Loss of Charity in the Practice of Medicine, American Journal of Medicine 71(8): 196–98 (August 1981).CrossRefGoogle Scholar
See, e.g., Cousins, supra note 6, at 351–52.Google Scholar
See Bruer, J.T., Warren, K.S., Liberal Arts and the Premedical Curriculum, Journal of the American Medical Association 245(4): 364–66 (January 23/30, 1981).Google ScholarPubMed
Panel on the General Professionaltion 245(4): 364–66 (January 23/30, Preparation for Medicine, Association of American Medical Colleges, Physicians Education of the Physician and College Report (AAMC, Washington, D.C.) (1984); Bok, D., Needed: A New Way to Train Doctors—President's Report to the Harvard Board of Overseers, Harvard Magazine 86(5): 3243, 70–71 (May/June 1984). See also Warren, K.S., The Humanities in Medical Education, Annals of Internal Medicine 101(5): 697-701 (November 1984) (suggesting that strong extracurricular rather than curricular programs should be developed for the humanities). Contra Roddie, I.C., Cliches in Medical Education: Part I, Lancet 2(8407): 860–61 (October 13, 1984); Part II, Lancet 2(8408): 2 (October 20, 1984); Part III, Lancet 2(8409): 973–74 (October 27, 1984) (vigorously defending the current state of medical education against would-be reformers).Google Scholar
See Povar, G.J. Keith, K.J., The Teaching of Liberal Arts in Internal Medicine Residency Training, Journal of Medical Education 59(9): 714–21 (September 1984).Google ScholarPubMed
See, e.g., Race, G. J., Continuing Medical Education—Current Legal Implications, Journal of Legal Medicine 1(3): 312–32 (December 1979).Google ScholarPubMed
See Cassell, E.J., The Place of Humanities in Medicine (Hastings Center, Hastings-on-Hudson, N.Y.) (1984); Training Doctors, supra note 5; Physicians’ Reactions, supra note 1. Cf. President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research, Making Health Care Decisions: The Ethical and Legal Implications of Informed Consent in the Patient-Practitioner Relationship, Volume One: Report (U.S. Gov't Printing Office, Washington, D.C.) (1982) “Since the Commission believes that physicians are responsible for ensuring that patients can participate as far as possible in decisions about their care, medical educators ought to train students to carry out this obligation. Such education and training should not only equip students with necessary communication skills but also lead them to value the patient as a full participant in medical decisionmaking.” Id. at 143.Google Scholar
Culver, C.M., et al., Basic Curricular Goals in Medical Ethics, New England Journal of Medicine 312(4): 253–54 (1985).Google ScholarPubMed
See Keyserlingk, E.W., Law, Bioethics and Biomedicine—Towards a Healthier Interaction, McGill Law Journal 26: 1020–35 (1981).Google ScholarPubMed
Beauchamp, T.L., McCullough, L.B., Medical Ethics: The Moral Responsibilities of Physicians (Prentice-Hall, Engle wood Cliffs, NJ.) (1984).Google Scholar
“Ethical standards of professional conduct and responsibility may exceed but are never less than, nor contrary to, those required by law.” See Recent Opinions of the Judicial Council of the American Medical Association, Journal of the American Medical Association 251 (16): 2078–79 (April 27, 1984).Google Scholar
Ganos, D., Lipson, R.E., Warren, G., Weil, B.J., Difficult Decisions in Medical Ethics (Alan R. Liss, Inc., New York, N.Y.) (1983).Google Scholar
Stone, A.A., Law, Psychiatry, and Morality (American Psychiatric Press, Inc., Washington, D.C.) (1984).Google Scholar
See McAllen, P.G., Delgado, R., Moral Experts in the Courtroom, Hastings Center Report 14(1): 2734 (February 1984).Google ScholarPubMed