信仰に基づく輸血拒否問題を通して患者の自己決定権を考える(社会科学系)

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  • A Patient's Right to Determine Medical Therapy Legal Issues of Patient's Refusal of Blood Transfusion Because of Religious Beliefs

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In recent years, a number of legal cases in which patients have questioned their physicians' advice and decisions on medical treatments have prompted people to reconsider the patient/physician relationship. One such case involved a woman who, arguing for the right to uphold her religious beliefs, insisted that her physician not give her a blood transfusion during her surgery. She later brought her physician to court because the physician had not followed her request; the judge ruled in her physician's favor. After this case and similar cases, people within the medical and legal professions and patient-rights groups began actively debating many issues: if and when the patient has the right to refuse life-saving treatment; who ultimately takes responsibility for the life of the patient; what limitations should be placed on physicians; in which situations the patient's will should be followed or dismissed; and what the legal definition of the constitutionally guaranteed right of self-determination is with regards to the patient/physician relationship. From these debates the concept of "informed consent" has emerged. Perhaps with this concept, the patient/physician relationship will be redefined in order to clearly protect patient rights and to support the decisions made by physicians.

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