Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 698-715 |
Back to browse issues page
Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
Safari M, Ghasemi S. A Reflection on the Utilitarian and Duty-Oriented Approach to Patient Rights in Health Crises. MLJ 2024; 18 (59) :698-715
URL: http://ijmedicallaw.ir/article-1-1735-en.html
URL: http://ijmedicallaw.ir/article-1-1735-en.html
1- Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
Abstract:
Background and Aim: The necessity of observing the rights of the patient is one of the important issues in the field of medical ethics and civil rights. In the case of health crises, the health system faces important challenges, including a lack of medical and hospital resources, as well as a lack of human resources and there are complex ethical dilemmas regarding the observance of patient rights. On the one hand, based on the utilitarian view of the rights of the patient, collective and public interest takes precedence and if necessary, some of the rights of patients may be denied so that critical conditions can be overcome. On the other hand, on the basis of a deontological view, critical conditions will not justify ignoring the rights of patients and crises caused by external conditions cannot be considered as a basis for depriving patients of their basic rights. The issue that needs to be discussed is which of these two approaches can be ethically and practically a basis for action in health crises and is appropriate in relation to civil rights issues.
Method: In this study, by analytical and descriptive methods, the concept, consequences and critique of each of the dual approaches to patient rights in health crises have been studied.
Ethical Considerations: In writing this article, the ethical and professional principles of trustworthiness in quoting materials and references and observing honesty and accuracy have been taken into account.
Results: Considering the inhuman consequences of the utilitarian approach and the lack of flexibility in the duty-based approach with regard to practical limitations in critical situations, the appropriate solution has been proposed as a moderate theory called the threshold of conscientiousness.
Conclusion: The moral duty of the medical system to respect the patient's rights remains during the crisis period and only if the collective benefit reaches a certain threshold that cannot be ignored, the moral obligation to respect the patient's rights can be temporarily violated.
Please cite this article as:
Safari M, Ghasemi S. A Reflection on the Utilitarian and Duty-Oriented Approach to Patient Rights in Health Crises. Medical Law Journal. 2024; 18: e48.
Method: In this study, by analytical and descriptive methods, the concept, consequences and critique of each of the dual approaches to patient rights in health crises have been studied.
Ethical Considerations: In writing this article, the ethical and professional principles of trustworthiness in quoting materials and references and observing honesty and accuracy have been taken into account.
Results: Considering the inhuman consequences of the utilitarian approach and the lack of flexibility in the duty-based approach with regard to practical limitations in critical situations, the appropriate solution has been proposed as a moderate theory called the threshold of conscientiousness.
Conclusion: The moral duty of the medical system to respect the patient's rights remains during the crisis period and only if the collective benefit reaches a certain threshold that cannot be ignored, the moral obligation to respect the patient's rights can be temporarily violated.
Please cite this article as:
Safari M, Ghasemi S. A Reflection on the Utilitarian and Duty-Oriented Approach to Patient Rights in Health Crises. Medical Law Journal. 2024; 18: e48.
Type of Study: Original Article |
Received: 2023/11/14 | Accepted: 2024/04/22
Received: 2023/11/14 | Accepted: 2024/04/22
Send email to the article author
| Rights and permissions | |
 |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. |
