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Should the Confucian family-determination model be rejected? A case study
1Medical College of Xi’an Jiaotong University, Xi’an, China.
The Journal of Medicine and Philosophy
|October 7, 2010
Summary
The Li case highlights a tragic pregnancy outcome due to consent issues. This analysis argues against blaming Confucian family-determination, advocating for legal clarity and physician benevolence to prevent future medical tragedies.
Area of Science:
- Medical Ethics
- Chinese Law
- Bioethics
Background:
- The Li case involved a pregnant woman and her baby dying due to a delayed C-section.
- The delay was attributed to the hospital's failure to obtain family consent for the procedure.
Observation:
- Critiques have linked the tragedy to the Confucian family-determination model.
- This essay posits that the model itself does not necessitate such outcomes.
Findings:
- The Confucian family-determination model includes provisions for physicians to act in emergencies without family consent.
- The Li case represents a deviation from, rather than an inherent flaw of, the model.
Implications:
- Further development and specification of Chinese laws concerning medical consent are recommended.
- Cultivating physician benevolence and ethical practice is crucial for preventing similar tragedies and ensuring patient well-being.
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