Patient Rights (Chapter in Oxford Textbook of Critical Care)
Thaddeus Mason Pope
Hamline University - School of Law; Australian Health Law Research Center, QUT
affiliation not provided to SSRN
January 1, 2012
Oxford Textbook of Critical Care; Webb, Angus, Finfer, Gattioni, & Singer, eds.; Oxford University Press 2013, Forthcoming
This Chapter proceeds in seven stages. First, it explains the nature and source of patient rights. Second, it analyzes the scope of patient rights. Third, it describes five specific patient rights that are particularly relevant to critical care. Fourth, this Chapter turns to discuss three key ways in which patient rights might be illegitimately violated. Fifth, it discusses how patient rights might be justifiably infringed by distributive justice concerns. Sixth, it discusses how patient rights might be justifiably infringed by clinicians’ assertion of their own rights. Seventh, this Chapter concludes by describing four leading mechanisms by which patient rights are balanced against clinician rights.
Keywords: Patient rights, clinician rights, medical, healthcare
JEL Classification: K32, I1
Date posted: September 7, 2012
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