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Ethical Dilemmas in Perinatal Medicine
Joseph G Schenker
1:
Changing Patterns of Medical Ethics
INTRODUCTION
HISTORICAL BACKGROUND
GENERAL ETHICAL THEORIES AND PRINCIPLES
MODERN MEDICAL ETHICS
CONCLUSION
2:
Beginning of Human Life
INTRODUCTION
QUESTION 1: WHEN DOES HUMAN LIFE BEGIN?
The Biological Concept of Life: A Cluster Concept
Human Embryology: A Brief Review
Distinct Human Life and Individual Human Life
QUESTION 2: WHEN DO OBLIGATIONS TO PROTECT HUMAN LIFE BEGIN?
The Concept of Moral Status
Independent Moral Status
Dependent Moral Status
Legal Status and Legal Persons
Controversies about Independent Moral Status of Prenatal Human Beings: A Brief Review of Major World Religions
Controversies about Independent Moral Status of Prenatal Human Beings: A Brief Review of Philosophy
QUESTION 3: HOW SHOULD PHYSICIANS RESPOND TO DISAGREEMENT ABOUT WHEN OBLIGATIONS TO PROTECT HUMAN LIFE BEGIN?
The Ethical Concept of the Fetus as a Patient
The Viable Fetal Patient
The Previable Fetal Patient
The In Vitro Embryo as a Patient
Professional and Individual Conscience
CONCLUSION
3:
Beginning of Personhood
HUMANS AND PERSONS
ARGUING FROM POTENTIALITY
Future People
Just Possibility
The Inherent “Power to Develop in Certain Ways, or to Produce Certain Outcomes”
The Potential to Realise One's Nature
FINDINGS
REFERENCES
BIBLIOGRAPHY
4:
Informed Consent in Obstetrics
CONCLUSION
5:
Frame of Ethical Committees
SUMMARY
6:
Ethical Aspects in Management of the Malformed Fetus
INTRODUCTION
AN OVERVIEW OF OBSTETRICS ETHICS
Ethics
Beneficence and Respect for Autonomy
THE ETHICAL CONCEPT OF THE FETUS AS PATIENT
The Independent Moral Status of the Fetus
Beneficence based Obligations to the Fetus
MANAGEMENT OPTIONS FOR PREGNANCIES COMPLICATED BY A MALFORMED FETUS
FETAL RESEARCH
CONCLUSION
7:
Wrongful Birth and the Right to Refuse Treatment: The Implications for Wrongful Life
8:
Ethical Issues in Genetic Counseling
INTRODUCTION
General Issues in Genetic Counseling
Confidentiality
Genetic Tests–General Considerations
Prenatal Genetic Counseling
Predictive Genetic Tests
Newborn Screening
Carrier Screening of Population
Genetic Tests of Children
ACKNOWLEDGMENT
9:
Ethical Considerations in Prenatal Diagnosis
SUMMARY
10:
Direct-to-Consumers Genetic Testing-Ethical Issues
INTRODUCTION
HUMAN GENOME PROJECT AND ITS DIVIDENDS
GENETIC TESTS
DIRECT-TO-CONSUMER GENETICS ADVERTISING
THE PRESENT SITUATION OF DTC GENETIC TESTING
REGULATION OF CLINICAL LABORATORIES AND DTC GENETIC TESTING
In the USA
In the European Union
ETHICAL ISSUES
Non-Maleficence
Beneficence
Respect for Autonomy
Justice
CONCLUSIONS
Benefits of Direct-to-Consumer Marketing of Genetic Tests
Risks Associated with the Promotion of Genetics Tests Directly to Consumers
11:
Ethics and Ultrasound Diagnosis
A PRIMER ON THE LANGUAGE AND CONCEPTS OF ETHICS
The Principle of Beneficence
The Principle of Respect of Autonomy
CLINICAL COMPETENCE AND REFERRAL
DISCLOSURE OF RESULTS
CONFIDENTIALITY OF RESULTS AND DISCUSSIONS WITH PATIENTS
ROUTINE ULTRASOUND SCREENING OF PREGNANT WOMEN
CONCLUSION
12:
Abortion, Autonomy and Control Over One's Body
INTRODUCTION
A PUZZLE
THE RIGHT TO CONTROL ONE'S BODY
AUTONOMY
RAPE, ABORTION, AND THE SPECIAL STATUS OF PREGNANCY
AUTONOMY AND THE RIGHT TO CONTROL ONE'S BODY REVISITED
AN OBJECTION
A FURTHER CLARIFICATION
CONCLUSION
13:
Ethical Aspects of Late-term Abortion and Neonaticide
INTRODUCTION
MORAL AND LEGAL PERSONHOOD: THE STATUS OF FETUSES AND NEWBORNS
FETAL PERSONHOOD
FETAL AND NEWBORN PERSONHOOD
OVERRIDING LATE-TERM FETAL INTERESTS
Threats to Fetal Interest
LATE-TERM ABORTION AND THIRD PARTY INTERESTS
KILLING AND LETTING DIE: FETICIDE AND SELECTIVE NON-TREATMENT OF NEWBORNS
NEONATICIDE: WITHHOLDING AND WITHDRAWING TREATMENT FROM NEWBORNS
GLOBAL NON-TREATMENT OF NEWBORNS
SELECTIVE NON-TREATMENT OF NEWBORNS
IS LETTING DIE STILL KILLING?
CONCLUSION
14:
Maternal–Fetal Conflict
INTRODUCTION
RIGHT TO PRIVACY — RESPECT FOR MATERNAL AUTONOMY
THE FETUS AS A PATIENT
MATERNAL-FETAL BENEFICENCE AND THE ROLE OF THE PHYSICIAN
LEGAL ISSUES
SUMMARY
15:
Postmortem Cesarian Section—Jewish Aspects
INTRODUCTION
MEDICAL BACKGROUND
HALACHIC DEFINITION OF DEATH
HALACHIC STATUS OF THE FETUS
Ubar Yerech Imo
Halachic Status of the Fetus in Monetary Laws
Personal Halachic Status of the Fetus
Status of the Fetus in Criminal Law
THE OBLIGATION OF THE HOSPITAL
RIGHTS OF THE FATHER
HONORING THE WISH OF THE DECEASED
AUTHORITY OF THE COURT
SUMMARY
16:
Violence Against Women
INTRODUCTION
THE ORIGIN OF MALE VIOLENCE
VIOLENT MALE BEHAVIOR IS NOT INEVITABLE
DEFINITION OF GENDER-BASED VIOLENCE
DOMESTIC VIOLENCE
VIOLENCE DURING PREGNANCY
SEXUAL COERCION
HONOR CRIMES
TRAFFICKING OF WOMEN AND GIRLS
FEMALE GENITAL MUTILATIONS
SEXUAL HARASSMENT
WAR-LINKED ABUSES OF WOMEN
COMBATING GENDER-BASED VIOLENCE: THE ROLE OF HEALTH PROFESSIONALS
THE ROLE OF EDUCATION
ETHICAL AND LEGAL DILEMMAS
CONCLUSIONS
17:
Surrogate Pregnancies: Ethical and Legal Aspects
INTRODUCTION
TYPES OF SURROGACY
Indications
SURROGACY: A CONTROVERSIAL ISSUE
Arguments Against Surrogacy
Arguments Supporting Surrogacy
STATEMENTS BY ETHICAL COMMITTEES
MEDICAL COMPLICATIONS IN SURROGACY
THE MENTAL EFFECTS OF SURROGACY
The Surrogate Mother
The Child
The Commissioning Couple
The Surrogate Woman's Husband and Children
The Social Aspects of Surrogacy
LEGALIZING SURROGACY
Legalizing Surrogacy in Israel25–28
The State-Appointed Permission Committee
Guidelines set by the Committee for Surrogacy
Preconditions for Approving Surrogacy by the Approving Committee
EXPENSES
The Legal Status of the Newborn
SURROGATE MOTHER'S WITHDRAWAL FROM THE AGREEMENT
LEGAL RIGHTS OF THE SURROGATE MOTHER
THE LEGAL ASPECTS OF SURROGATE PRACTICE
RELIGIOUS ASPECTS OF SURROGACY32
Judaism
Christianity
Islam
Hinduism and Buddhism
CONCLUSIONS
18:
Ethical Aspects of Cesarean Section on Request
PRINCIPLES OF ETHICAL ARGUMENTATION
Autonomy of the Patient
Beneficence and Non-maleficence
CHOICE AND RISK-BENEFIT DEBATE
MATERNAL MORTALITY
MATERNAL MORBIDITY
PERINATAL MORTALITY
PERINATAL MORBIDITY
Maternal Morbidity in Subsequent Pregnancies
Seeking Informed Consent on the Basis of a Risk-benefit Balance
CONCLUSIONS47
FINAL REMARKS
19:
Pregnancies in Postmenopausal Women
MEDICAL ASPECTS
FERTILITY FECUNDITY AND ABORTIONS
PHYSIOLOGICAL CHANGES
OBSTETRICAL AND INTRAPARTUM COMPLICATIONS
MATERNAL MORTALITY
NEONATAL OUTCOME
OOCYTE DONATION
ETHICAL ASPECTS
THE ISSUE OF CHOICE
THE WELFARE OF THE CHILD
MEDICAL RISKS
ISSUES PERTAINING TO THE DONOR
LEGISLATION, REGULATION AND RELIGION
RESOURCE ALLOCATION
AGE LIMITATION?
CONCLUSIONS
20:
Ethical Aspects of Multiple Pregnancy
MATERNAL COMPLICATIONS OF MULTIPLE PREGNANCY
NEONATAL COMPLICATIONS OF MULTIPLE PREGNANCY
FAMILY IMPACT OF MULTIPLE PREGNANCY
INTERNATIONAL FEDERATION OF GYNECOLOGIST AND OBSTETRICIANS, FIGO, ETHICAL GUIDELINES IN THE PREVENTION OF IATROGENIC MULTIPLE PREGNANCY
INTRODUCTION
RECOMMENDATIONS
MULTIPLE PREGNANCY AND EMBRYO-REDUCTION
FIGO RECOMMENDATIONS FOR SELECTIVE REDUCTION OF MULTIPLE PREGNANCY
MONOCHORIONIC TWIN PREGNANCY: THE TWIN-TWIN TRANSFUSION SYNDROME
The Acardiac Twin and the Twin Reverse Arterial Perfusion (TRAP) Sequence
Fetal Structural and Chromosomal Malformations
Structural Anomalies
Chromosomal Anomalies
Irremediable Disease of a Co-twin
Single Intrauterine Death
The Twin-twin Conflict
Monoamniotic Twin Pregnancy and Conjoined Twins
Homozygous Twins
21:
Cord Blood Banking—Practices and Ethical Considerations
INTRODUCTION
SELECTION OF DONORS
UMBILICAL CORD BLOOD SEPARATION
UMBILICAL CORD BLOOD CRYOPRESERVATION AND THAWING
EX VIVO EXPANSION AND BIOLOGY OF UMBILICAL CORD BLOOD PROGENITOR CELLS
CURRENT RESULTS: UMBILICAL CORD BLOOD TRANSPLANTATION
Current Results: Umbilical Cord Blood and Gene Therapy
THE ETHICAL ISSUES OF UMBILICAL CORD BLOOD BANKING
CONCLUSIONS
SUMMARY
22:
Medical Management of Newborn with Severe Malformations—Ethical Aspects
INTRODUCTION
DEFINITIONS OF CONGENITAL MALFORMATIONS AND RARE DISEASES
EPIDEMIOLOGY AND OUTCOME OF CONGENITAL MALFORMATIONS
CARE FOR INFANTS WITH SEVERE AND LIFE THREATENING MAJOR CONGENITAL MALFORMATIONS
EUTHANASIA
LEGAL ISSUES OF CARE FOR NEWBORNS WITH INCURABLE DISEASES
CARE FOR THE PARENTS AFTER THE DEATH OF THE INFANT WITH CONGENITAL MALFORMATION
CONCLUSIONS
23:
Ethical Aspects in Neonatal Medicine
INTRODUCTION
CLINICAL MANAGEMENT AND DECISIONS
Lower Limit of Viability
Serious Medical Conditions and Congenital Malformations
Futile Treatment
The Controversy: The Groningen Protocol
PRE-IMPLANTATION DIAGNOSIS
Pre-implantation Genetic Diagnosis (PGD)
Pre-Implantation Genetic Screening (PGS)
Predictive Genetic Testing (PGT)
CORD BLOOD BANKING AND TRANSPLANTATION
RESEARCH
Research in Neonates
Research on Human Embryonic Stem Cells (hESC)
CONCLUSIONS
ACKNOWLEDGMENTS
24:
Planned Orphanhood Revisited
INTRODUCTION: INNOVATIONS IN MEDICALLY ASSISTED CONCEPTION
PSYCHOSOCIAL ASPECTS OF WIDOWHOOD AND ORPHANHOOD
Widowhood and the Desire for Children by the Deceased Spouse
Orphanhood
PLANNED ORPHANHOOD: ETHICAL AND ECONOMIC ISSUES
Who Owns the Problem?
A Private or Public Matter?
The Inheritance Conundrum
Present Children, Future Children
Personal Responsibility, Social Responsibility
WRONGFUL CONCEPTION
ETHICS AND POSTHUMOUS ASSISTED REPRODUCTION
THE APPLICATION OF ETHICAL PRINCIPLES TO PLANNED ORPHANHOOD
The Principle of Autonomy
The Principle of Beneficence
The Principle of Justice
SUMMARY
ACKNOWLEDGMENT
25:
Ethics in Obstetric Anesthesia
ORIGIN OF ETHICS IN OBSTETRIC ANESTHESIA
ETHICS IN OBSTETRIC ANESTHESIA
INDEX
TOC
Index
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