Miller, W. (1985). Herkovits v. Group Health Cooperative: Negligent Creation of Substantial Risk of Injury is a Compensable Harm. Puget Sound Law Review.
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Within any discipline, there are various ethical issues that constitute an overall rubric of the topic. In the case medicine, the thrust of the ethical template surrounds the reasons for, and moral imperatives surrounding the use experimental drugs and/or procedures. There are mandates and global legal maxims in place to protect human subjects; however the very nature of the topic also requires specific ethical paradigms that govern the field: beneficence, justice and autonomy for instance. .Beneficence is the core of the Hippocratic Oath -- "as to disease & #8230; do no harm." Justice -- models fairness and equity in all medical research regardless of race, age, or cognitive ability, and autonomy -- the respect for the individual in making a cogent, informed, and un-coerced decision about their participation in any research project (Timko, 2001). The 21st century has brought a great number of changes to the medical paradigm, however. As the population ages, there are more and more people requiring care; and more who have or are experiencing debilitating conditions that, up to now, have had no medical or pharmacological treatment. The contemporary physician, therefore must respect patient value and individuality, the education of the patient, as well as provide the best service possible under the realities of contemporary medical care. At times, this may result in working with an experimental procedure or drug that may not have predictable effects...
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