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- Title
REFUAH SHE'EINAH BEDUKAH: JEWISH MEDICAL ETHICS AND EXPERIMENTAL TREATMENT.
- Authors
Tapia, Antonio G.
- Abstract
Modern medical experimentation and practical doctrines such as informed consent prompt ethical tensions that test adherents and promulgators of religion and law. This article explores difficult questions and positions for followers of Halacha - the legal part of Talmudic literature including Jewish tenets and law - when faced with health care decisions in secular Western cultures. These concerns include the impact of the Halachic approach on the physicianpatient relationship, informed consent, and even use of experimental techniques and the resultant data. Jewish medical ethics and Western secular law define different duties influencing the physician- patient relationship. The duty of care owed by secular American medical practice is based on contract, while Halachic tradition obligates the Jewish physician to heal the sick under a different paradigm. Also, while the secular tradition pays deference to patient autonomy, Halachic tradition mandates that the patient give consent for and undergo the best available medical treatment as custodians of G-d's creation. This paper illuminates the need for an integrative approach whereby secular law and medicine may advance in a manner that promotes innovation while respecting the dignity and uniqueness of the individual follower of important Halachic traditions.
- Subjects
MEDICAL ethics; JUDAISM &; medicine; PHYSICIAN-patient relations
- Publication
Quinnipiac Health Law Journal, 2018, Vol 21, Issue 1, p83
- ISSN
2769-013X
- Publication type
Article