Volume 9, Number 1, November 1997

Abstracts

Issues in Law & Medicine 12:02 (Fall 1996) l33-65
"A Critique of Family Members as Proxy Decision-makers Without Legal Limits"; Bopp, James.

This long, detailed and widely researched article analyzes the rights of legally incompetent patients with severe disabilities in relation to medical treatment. It is written from the perspective of a person with a disability. It deals only with the legal position in the USA.

The author's particular concern is the assumption that family members are automatically the most appropriate people to make decisions of medical treatment on behalf of their incompetent (whether children or adult) family members.

There is a lengthy analysis of the many areas of potential conflict of interest and other difficulties facing family members in making these decisions.

The authors are critical of those US state courts which have failed to exercise their parens patriae power. They strongly advocate and propose guidelines be provided which properly protect the basic fundamental human rights of persons with severe disabilities.

Journal of Clinical Ethics 07:02 (Summer 1996) 160-76
"Philosophy, Gender Politics, and In Vitro Fertilization: A Feminist Ethics of Reproductive Healthcare"; LeMoncheck, Linda.

Although feminists have argued that male domination of reproductive health is co-extensive with the oppression of women generally, they are profoundly divided in their final judgements about the new reproductive technologies. The so-called "liberal" feminists argue that IVF and other technologies can be refashioned into "women-centred" and socially responsible services which expand women's choices and free individuals from strictly traditional family structures. Other feminists refute these claims by highlighting the dangers for women's physical and emotion health inherent in what is in every sense "dehumanising" technology.

The author reviews the process of IVF and finds that the traditional ethical theories, "Kantian duty-based ethics, utilitarian moral theory, and the ethics of virtue" do not adequately address the critical personal and political issues at stake. She suggests that a feminist ethical approach can address these issues in a dialectic fashion, acknowledging and counteracting the pressures of making reproductive choices within a "gender social framework" and at the same time working positively and co-operatively with the concrete desires of individual women to access the new reproductive technologies.

Geriatrics 51:06 (June 1996) 32-42
"A Peaceful Death: How to Manage Pain and Provide Quality Care"; Butler, Robert N.

The summary of this panel discussion from the USA notes that "One of the most important components of a peaceful death is adequate control of pain and other distressing symptoms, such as shortness of breath, agitation, and restlessness." Requests for physician-assisted suicide are a cry for help and respond to good palliative care. The most useful function of advance directives is that they open an avenue for discussion between patient and doctor as to what the patient perceives as an acceptable death.