Abstract
I will in this essay attempt to do three things. First, I will try to sketch two ways of thinking about, two models of, the patient-physician relation. Secondly, I will try to show how these two different models are in effect presupposed by two very different legal treatments of the patient-physician relation, the treatment of that relation in most common-law jurisdictions and the treatment of that relation in Judaic Law. Finally, I will try to show how certain different fundamental values lie behind these models and to suggest that a fully adequate moral model needs to find a way to accommodate these different values.
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Bibliography
Brody, B.: 1982, Ethics and Its Applications, Harcourt, Brace, Jovanovich, New York.
In Re Brooks’ Estate, 1965, 205 N.E. 2nd 435.
In the Matter of Karen Quinlan, 1976, 355 A. 2nd 647.
In Re Osborne, 1972, 294 A. 2nd 372.
J. F. K. Memorial Hosptial v. Heston, 1971, 279 A. 2nd 670.
Kennedy v. Parrot, 1956, 90 S.E. 2nd 754.
Maine, Sir Henry: 1861 (1954), Ancient Law, Oxford University Press, New York.
Mohrv. Williams, 1905, 104, N.W. 12.
Rosoff, A. J.: 1981, Informed Consent, Aspen Systems Corporation, Germantown, Maryland.
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© 1983 D. Reidel Publishing Company
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Brody, B.A. (1983). Legal Models of the Patient-Physician Relation. In: Shelp, E.E. (eds) The Clinical Encounter. Philosophy and Medicine, vol 14. Springer, Dordrecht. https://doi.org/10.1007/978-94-009-7148-6_7
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DOI: https://doi.org/10.1007/978-94-009-7148-6_7
Publisher Name: Springer, Dordrecht
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