Wendy E. Parmet, JD and Claudia E. Haupt, PhD, JSD
Clinicians using governing authority to make public health policy are ethically obliged to draw upon scientific and clinical information that accords professional standards.
AMA J Ethics. 2023;25(3):E194-199. doi:
10.1001/amajethics.2023.194.
As high-tech care decisions led to value clashes in hospital corridors, ethics committees developed to respond to diverse viewpoints, families’ concerns, and clinicians’ moral distress. They now exist in almost all US health care organizations.
AMA J Ethics. 2016;18(5):546-553. doi:
10.1001/journalofethics.2016.18.5.mhst1-1605.
Protecting one’s moral integrity may require a conscience clause that protects positive conscience claims by permitting individuals to perform actions that are otherwise prohibited by legal or institutional rules.
Margaret Little, PhD and Anne Drapkin Lyerly, MA, MD
Society is best served by an approach to conscience that combines a progressive understanding of patients’ needs, a nuanced determination of when those needs translate into claims, and a limited role for conscientious refusal.
State laws prohibiting sodomy were on the books throughout US history until struck down by the US Supreme Court, which argued in Lawrence v Texas (2003) that the state cannot criminalize private sexual conduct.
An argument that the concept of judicious dissent can resolve the debate over a physician’s conscience-based right to refuse to provide lawful services.
An argument that an individual physician’s conscience-based decision not to offer specific, lawful medical services should not restrict patients’ access to those services.