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30 - Introduction

Published online by Cambridge University Press:  23 September 2009

Geoffrey Miller
Affiliation:
Yale University, Connecticut
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Summary

Decisions regarding life-sustaining treatment for extremely preterm infants are frequent in neonatal intensive care units. These decisions are determined by prognostic judgment, the perceptions and ethical beliefs of health professionals and parents, and the prevailing law of the land. However, specific prognoses may be difficult and perceptions of later outcome and ethical beliefs are variable. There is disagreement concerning the circumstances in which life-sustaining treatment should be withdrawn or withheld and who should decide this. In different ways, legal practices have developed around the world that attempt to address this problem. Laws have arisen – cases, statutes, and legal code that, to a varying degree, indicate the authority and actions of physicians, parents, and the courts. Legal systems differ between countries and they may be single systems or federations where provinces or states can regulate medicine. Countries such as Britain, Canada, and Australia have common law systems where the law is based on judicial precedent and legislation. Holland, Poland, Germany, France, and Japan have civil and criminal codes, although courts of appeal can make authoritative rulings.(250)

The relationship between ethics and law has been discussed and argued since classical times and will continue to be argued. However, those that frame and adjudicate the law, at a minimum, are required to set clear acceptable operational boundaries. Laws are not determined, necessarily, by ethical rules.

Type
Chapter
Information
Extreme Prematurity
Practices, Bioethics and the Law
, pp. 135 - 137
Publisher: Cambridge University Press
Print publication year: 2006

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  • Introduction
  • Geoffrey Miller, Yale University, Connecticut
  • Book: Extreme Prematurity
  • Online publication: 23 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511547355.030
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  • Introduction
  • Geoffrey Miller, Yale University, Connecticut
  • Book: Extreme Prematurity
  • Online publication: 23 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511547355.030
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Geoffrey Miller, Yale University, Connecticut
  • Book: Extreme Prematurity
  • Online publication: 23 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511547355.030
Available formats
×