Medicine, death, and the criminal law
Article Abstract:
Doctors may undergo criminal prosecution in rare cases when they have shown intentional or reckless disregard for patient's safety. In Colorado, an anesthesiologist faces charges of manslaughter for falling asleep during a surgery in which the patient's breathing tube was obstructed and his temperature rose to 107 degrees. In Wisconsin, a medical laboratory faces charges of reckless homicide for the deaths of two women whose Pap smears were repeatedly misread. Criminal prosecution of physicians may become more common if physicians who commit flagrantly harmful acts are not held liable or suspended by licensing boards. Criminal cases may also begin to involve deaths caused by attempts to cut costs. However, responsible physicians need not fear criminal prosecution, which differs from malpractice litigation. Criminal prosecution involves reckless or intentional disregard for safety, while malpractice involves a breach of duty.
Publication Name: The New England Journal of Medicine
Subject: Health
ISSN: 0028-4793
Year: 1995
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Reframing the debate on health care reform by replacing our metaphors
Article Abstract:
It may be impossible to reform the American health care system unless we adopt an ecological metaphor for medicine. Medicine currently operates under two metaphors. The military metaphor makes doctors act like soldiers fighting death and disease. It also leads hospitals to engage in a health care arms race, investing in more and more technology. The market metaphor considers physicians and hospitals as businesses that compete for patients, who are perceived as health care consumers. The Clintons' health care reform initiative probably failed because it combined the military and market metaphors and only focused on superficial ideas such as choice of physician and how much consumers and insurers will pay. An ecological metaphor will force Americans to ponder deeper issues such as the inevitability of death, the meaning of good health, the role of prevention versus treatment and the importance of a healthy community.
Publication Name: The New England Journal of Medicine
Subject: Health
ISSN: 0028-4793
Year: 1995
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Why we should ban human cloning
Article Abstract:
A ban on human cloning should be enforced until a regulatory agency can be formed to ensure that proponents of cloning can justify the use of this reproductive technique. Cloning of humans is problematic because it would deny the cloned person his or her uniqueness. Most scientists agree that a legislative ban or voluntary moratorium on human cloning is needed.
Publication Name: The New England Journal of Medicine
Subject: Health
ISSN: 0028-4793
Year: 1998
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