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Protecting reasonable conscientious refusals in health care
1Albert Gnaegi Center for Health Care Ethics, Saint Louis University, 3545 Lafayette Ave., Salus 527, Saint Louis, MO, 63104, USA. jason.eberl@slu.edu.
Theoretical Medicine and Bioethics
|November 27, 2019
Summary
Healthcare providers can conscientiously refuse certain legal services, but must disclose alternatives and arrange referrals. This modified compromise aims to balance moral integrity with patient access to care.
Area of Science:
- Bioethics
- Medical Law
- Healthcare Policy
Background:
- Growing debate surrounds healthcare providers' rights to conscientious refusal for legal services like abortion, sterilization, and gender-affirming care.
- Existing ethical frameworks struggle to balance provider conscience with patient access to essential healthcare.
- Legal and moral objections complicate the provision of services that conflict with providers' deeply held beliefs.
Purpose of the Study:
- To propose a modified compromise view on conscientious refusal in healthcare.
- To establish a publicly defensible rationale for respecting claims of conscientious refusal.
- To address objections and safeguard providers' moral integrity while ensuring patient care.
Main Methods:
- Conceptual analysis of ethical principles and legal precedents.
- Development of a modified compromise framework for conscientious refusal.
- Examination of objections and articulation of counterarguments.
Main Results:
- A modified compromise view is advanced, requiring providers to disclose service availability and arrange referrals or transfers.
- This approach aims to prevent providers from being complicit in morally objectionable services.
- The proposed view addresses key objections to conscientious refusal rights.
Conclusions:
- The modified compromise view offers a balanced approach to conscientious refusal in healthcare.
- It seeks to protect providers' moral integrity without compromising patient access to legal services.
- This framework provides a path forward in the complex debate on healthcare provider conscience.
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