Medicine and Social Justice : Essays on the Distribution of Health Care

This unique and comprehensive second edition of an important volume presents writing from renowned authors about achieving social justice in medicine. Each of the 42 chapters addresses continuing and emerging policy challenges facing medicine. They deepen our understanding of theoretical and practical aspects of issues in the contemporary debate. Because Medicine Can Preserve Life, Restore Health And Maintain The Body's Functions, It Is Widely Acknowledged As A Basic Good That Just Societies Should Provide For Their Members. Yet, There Is Wide Disagreement Over The Scope And Content Of What To Provide, To Whom, How, When, And Why. In This Unique And Comprehensive Volume, Some Of The Best-known Philosophers, Physicians, Legal Scholars, Political Scientists, And Economists Writing On The Subject Discuss What Social Justice In Medicine Should Be. Their Contributions Deepen Our Understanding Of The Theoretical And Practical Issues That Run Through The Contemporary Debate. The Forty-two Chapters In This Reorganized Second Edition Of Medicine And Social Justice Update And Expand Upon The Thirty-four Chapters Of The 2002 First Edition. Eighteen Chapters From The Original Volume Are Revised To Address Policy Changes And Challenging Issues That Have Emerged In The Intervening Decade. Twenty-two Of The Chapters In This Edition Are Entirely New. The Treatment Of Foundational Theory And Conceptual Issues Related To Access To Health Care And Rationing Medical Resources Have Been Expanded To Provide A More Comprehensive And Nuanced Discussion Of The Background Concepts That Underlie Distributive Justice Debates, With Global Perspectives On Health And Well-being Added. New Additions To The Section On Health Care Justice For Specific Populations Include Chapters On Health Care For The Chronically Ill, Soldiers, Prisoners, The Severely Cognitively Disabled, And The Lgbt Population. The Section Devoted To Dilemmas And Priorities Addresses An Array Of Topics That Have Recently Become Especially Pressing Because Of New Technologies Or Altered Policies. New Chapters Address Questions Of Justice Related To Genetics, Medical Malpractice, Research On Human Subjects, Pandemic And Disaster Planning, Newborn Screening, And Justice For The Brain Dead And Those With Profound Neurological Injury.--pub. Desc. Part I: Theoretical Foundations -- -- Justice, Health, And Health Care / Norman Daniels -- Justice, Liberty, And The Choice Of Health-system Structure / Paul T. Menzel -- A Utilitarian Approach To Justice In Health Care / Mark S. Stein -- Justice Pluralism : Resource Allocation In Medicine And Public Health / Rosamond Rhodes -- Health Risk And Health Security / Jonathan Wolff -- Aggregation And The Moral Relevance Of Context In Health Care Decision-making / David Wasserman -- Why There Is No Right To Health Care / Stefan Bernard Baumrin -- Equality, Democracy, And The Human Right To Health Care / Kristen Hessler And Allen Buchanan -- -- Part Ii: Access And Rationing -- -- Unequal By Design : Health Care, Distributive Justice, And The American Political Process / Bruce C. Vladeck And Eliot Fishman -- Justice Of And Within Health Care Finance / Stephen R. Latham -- Setting Priorities For A Basic Minimum Of Accessible Health Care / Paul T. Menzel --^ Why Justice Requires Rationing In Health Care / Gopal Sreenivasan -- Priority To The Worse Off In Health Care Resource Prioritization / Dan W. Brock -- Whether To Discontinue Nonfutile Use Of A Scarce Resource / F.m. Kamm -- Responsibility For Health Status / Lance K. Stell -- Health Care Justice And Political Agency 2011 / Patricia S. Mann -- Allocating Health Care Resources In The Uk : Putting Principles Into Practice / Mark Sheehan And Tony Hope -- Global Health, Human Rights, And Distributive Justice / John W. Lango -- Equal Access To Health Care Under The Un Disability Rights Convention / Michael Ashley Stein, Janet E. Lord, And Dorothy Weiss Tolchin -- -- Part Iii: Populations -- -- Justice, Health, And The Price Of Poverty / Patricia Smith -- Racial Groups, Distrust, And The Distribution Of Health Care / Howard Mcgary -- Gender Justice In The Health Care System : An Elusive Goal / Rosemarie Tong -- Justice For Gay And Lesbian People In Health Care / Timothy F. Murphy --^ Health Care Justice For The Chronically Ill And Disabled : A Deficiency In Justice Theory And How To Cure It / Anita Silvers -- Getting From Here To There : Claiming Justice For The Severely Cognitively Disabled / Eva Feder Kittay -- Cognitive Surrogacy, Assisted Participation, And Moral Status / David Wasserman And Jeff Mcmahan -- Health Care Reform And Children's Right To Health Care : A Modest Proposal / Loretta M. Kopelman -- Premature And Compromised Neonates / Ian R. Holzman -- Age Rationing Under Conditions Of Injustice / Leslie Pickering Francis -- Health Care For Soldiers / Fritz Allhoff -- Social Justice And Correctional Health Services / Kenneth Kipnis -- -- Part Iv: Dilemmas And Priorities -- -- Are Pre-existing Condition Exclusion Clauses Just? Lessons From Causal And Ethical Considerations Regarding Genetic Testing / Robert T. Pennock -- Oral And Mental Health Services / David Ozar And James Sabin --^ Limits Of Science And Boundaries Of Access : Alternative Health Care / E. Haavi Morreim -- Just Expectations : Family Caregivers, Practical Identities, And Social Justice In The Provision Of Health Care / James Lindemann Nelson -- Justice In Research On Human Subjects / David Buchanan And Franklin G. Miller -- Just Genetics : The Ethical Challenges Of Personalized Medicine / Leonard M. Fleck -- Expanded Newborn Screening : Contemporary Challenges To The Parens Patriae Doctrine And The Use Of Public Resources / Jeffrey R. Botkin, Rebecca A. Anderson, And Erin Rothwell -- Justice, Profound Neurological Injury, And Brain Death / Michael Nair-collins And James M. Hitt -- Justice In Transplant Organ Allocation / Rosamond Rhodes And Thomas D. Schiano -- Justice In Planning For Pandemics And Disasters / Leslie Pickering Francis And Margaret P. Battin -- Justice Has (almost) Nothing To Do With It : Medical Malpractice And Tort Reform / David A. Hyman And Charles Silver. Edited By Rosamond Rhodes, Margaret P. Battin, Anita Silvers. Includes Bibliographical References And Index. MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict Cover 1 Contents 6 Contributors 8 Introduction 18 PART I: Theoretical Foundations 32 1. Justice, Health, and Health Care 34 2. Justice, Liberty, and the Choice of Health-System Structure 52 3. A Utilitarian Approach to Justice in Health Care 64 4. Justice Pluralism: Resource Allocation in Medicine and Public Health 76 5. Health Risk and Health Security 88 6. Aggregation and the Moral Relevance of Context in Health Care Decision-Making 96 7. Why There Is No Right to Health Care 108 8. Equality, Democracy, and the Human Right to Health Care 114 PART II: Access and Rationing 122 9. Unequal by Design: Health Care, Distributive Justice, and the American Political Process 124 10. Justice of and Within Health Care Finance 138 11. Setting Priorities for a Basic Minimum of Accessible Health Care 148 12. Why Justice Requires Rationing in Health Care 160 13. Priority to the Worse Off in Health Care Resource Prioritization 172 14. Whether to Discontinue Non futile Use of a Scarce Resource 182 15. Responsibility for Health Status 196 16. Health Care Justice and Political Agency 2011 218 17. Allocating Health Care Resources in the UK: Putting Principles into Practice 236 18. Global Health, Human Rights, and Distributive Justice 248 19. Equal Access to Health Care Under the UN Disability Rights Convention 262 PART III: Populations 270 20. Justice, Health, and the Price of Poverty 272 21. Racial Groups, Distrust, and the Distribution of Health Care 282 22. Gender Justice in the Health Care System: An Elusive Goal 296 23. Justice for Gay and Lesbian People in Health Care 306 24. Health Care Justice for the Chronically Ill and Disabled: A Defi ciency in Justice Theory and How to Cure It 316 25. Getting from Here to There: Claiming Justice for the Severely Cognitively Disabled 330 26. Cognitive Surrogacy, Assisted Participation, and Moral Status 342 27. Health Care Reform and Children’s Right to Health Care: A Modest Proposal 352 28. Premature and Compromised Neonates 364 29. Age Rationing Under Conditions of Injustice 372 30. Health Care for Soldiers 380 31. Social Justice and Correctional Health Services 390 PART IV: Dilemmas and Priorities 402 32. Are Pre-existing Condition Exclusion Clauses Just? Lessons from Causal and Ethical Considerations Regarding Genetic Testing 404 33. Oral and Mental Health Services 418 34. Limits of Science and Boundaries of Access: Alternative Health Care 430 35. Just Expectations: Family Caregivers, Practical Identities, and Social Justice in the Provision of Health Care 450 36. Justice in Research on Human Subjects 462 37. Just Genetics: The Ethical Challenges of Personalized Medicine 478 38. Expanded Newborn Screening: Contemporary Challenges to the Parens Patriae Doctrine and the Use of Public Resources 492 39. Justice, Profound Neurological Injury, and Brain Death 502 40. Justice in Transplant Organ Allocation 522 41. Justice in Planning for Pandemics and Disasters 540 42. Justice Has (Almost) Nothing to Do With It: Medical Malpractice and Tort Reform 548 Index 560 A 560 B 561 C 561 D 563 E 564 F 564 G 565 H 565 I 566 J 567 K 567 L 567 M 568 N 569 O 570 P 570 Q 572 R 572 S 574 T 575 U 576 V 576 W 576 Y 577 Because medicine can preserve life, restore health and maintain the body's functions, it is widely acknowledged as a basic good that just societies should provide for their members. Yet, there is wide disagreement over the scope and content of what to provide, to whom, how, when, and why. In this unique and comprehensive volume, some of the best-known philosophers, physicians, legal scholars, political scientists, and economists writing on the subject discuss what social justice in medicine should be. Their contributions deepen our understanding of the theoretical and practical issues that run through the contemporary debate. The forty-two chapters in this reorganized second edition of Medicine and Social Justice update and expand upon the thirty-four chapters of the 2002 first edition. Eighteen chapters from the original volume are revised to address policy changes and challenging issues that have emerged in the intervening decade. Twenty-two of the chapters in this edition are entirely new. The treatment of foundational theory and conceptual issues related to access to health care and rationing medical resources have been expanded to provide a more comprehensive and nuanced discussion of the background concepts that underlie distributive justice debates, with global perspectives on health and well-being added. New additions to the section on health care justice for specific populations include chapters on health care for the chronically ill, soldiers, prisoners, the severely cognitively disabled, and the LGBT population. The section devoted to dilemmas and priorities addresses an array of topics that have recently become especially pressing because of new technologies or altered policies. New chapters address questions of justice related to genetics, medical malpractice, research on human subjects, pandemic and disaster planning, newborn screening, and justice for the brain dead and those with profound neurological injury. Reviews of the first edition:'This compilation brings a variety of perspectives, national settings, and disciplinary backgrounds to the topic and provides a unique survey of theoretical and applied thinking about the connections between health care and social justice... Physicians and others interested in this field will find this book an engaging introduction to the theoretical and practical challenges pertaining to social justice and health care.'New England Journal of Medicine'Although much work in bioethics has focused on clinical encounters, there has been a current of discussion about questions of social justice for decades-at least since the allocation of access to dialysis was widely understood in the 1960s to be a matter of justice, not of medical judgment. This volume will facilitate heightened awareness and deeper discussion of such issues.'JAMA'Impressively, the editors have chosen an array of essays that explore the philosophical and bioethical foundations of distributive justice; review the current practice of rationing and patients'access to care in a number of different countries; highlight the issues raised by various special needs groups; and then wrestle with some dilemmas in assessing priorities in distributing healthcare... This book is an excellent resource.'Doody's