The Conflict between Bioethical and Legal Obligations of a Treating Physician: When Automony, Beneficience and Informed Consent are in Conflict

Bioethics Forum of the Zefat Academic College of Law, 2015

3 Pages Posted: 18 Jan 2016

See all articles by Barbara Pfeffer Billauer

Barbara Pfeffer Billauer

Institute of World Politics; International Program in Bioethics, U. of Porto; Foundation for Law and Science Centers, Inc.

Date Written: November 17, 2015

Abstract

Bio-ethical Principles are envisioned to enhance and foster medical treatment and doctor patient relations. But what happens when bioethical precepts are in conflict with each other and with legal imperatives. This paper raises such an instance in the case where a physician determines that use of a placebo is in the best interest of the patient, resulting in the minimal amount of side effects while treating the patient's condition. Use of placebo, by its very nature, does not allow for either full informed consent or recognition of the patient's right of autonomy.

Keywords: autonomy, justice, beneficience, nonmaleficience, nonmalfeasance, placebo, informed consent

JEL Classification: B31, D81, D82, D83, D84, D91, I10, I12, K13, K32

Suggested Citation

Billauer, Barbara P., The Conflict between Bioethical and Legal Obligations of a Treating Physician: When Automony, Beneficience and Informed Consent are in Conflict (November 17, 2015). Bioethics Forum of the Zefat Academic College of Law, 2015. Available at SSRN: https://ssrn.com/abstract=2716947

Barbara P. Billauer (Contact Author)

Institute of World Politics ( email )

1521 16th St NW,
Washington, DC
United States
+1 202-462-2101 (Phone)

International Program in Bioethics, U. of Porto ( email )

Rua Dr. Roberto Frias
4200-464 Porto
Portugal

Foundation for Law and Science Centers, Inc. ( email )

1020 16th Street NW
Suite LL1
Washington, DC 20036
United States
972 54 344 6055 (Phone)

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