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 .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Medical providers involved in child abuse cases will encounter a variety of issues with legal implications, including informed consent, appropriate documentation, confidentiality, mandated reporting and potential liability. Consequently, all medical providers who may become involved in child abuse cases should have a fundamental understanding of child maltreatment laws in their jurisdiction. While informed consent is a well-established medicolegal doctrine in many countries, there are often jurisdiction-specific variations in cases of suspected child maltreatment. Complete, accurate and objective medical documentation is also imperative, as medical reports are frequently submitted in legal proceedings. Care should be taken, however, to ensure appropriate release and retention of medical records in accordance with country-specific legislation (e.g., Health Insurance Portability and Accountability Act and 21st Century Cures Act in the United States). Finally, medical providers should understand their responsibility to report to the appropriate protective services agency if there is reasonable suspicion that child maltreatment has occurred. A practitioner’s failure to adhere to statutory requirements may result in negative actions against the provider.
This memorial essay introduces the Journal of Law, Medicine, and Ethics special issue on supported decision-making in research by honoring David T. Wasserman (1953–2025), a major organizer of the NIH workshop from which the issue emerged and a coauthor of two papers in the volume. It situates supported decision-making in research as an emerging approach that aims to make participation by people with cognitive disabilities possible without displacing their agency through default reliance on legally authorized representatives. The essay highlights Wasserman’s distinctive contribution to this developing area. He sought a position that is respectful while remaining clear eyed about exploitation risks and about well-intentioned practices that can undermine a participant’s interests, especially in hard cases where meaningful authorization is fragile. Drawing on the two coauthored papers in the issue and on colleagues’ recollections, the essay emphasizes Wasserman’s commitment to conceptual clarity, workable institutional design, and mentorship through collaboration. It closes by reflecting on his intellectual virtues, humor, and lasting influence on disability bioethics and research ethics.
In recent decades, theorists of disability rights have made the moral and legal case for supported decision-making. Whereas surrogate decision-making, the long upheld legal standard, looks to a third party to make a decision for a person deemed to lack the capacity to make that decision for themselves, support in decision-making empowers that person to make their own decisions. In this article, we argue for a significant shift in the norms governing enrollment in clinical trials. Rather than assume that support is only appropriate for individuals who cannot independently make sufficiently informed enrollment decisions, we propose “support in decision-making for all” when research protocols are beyond a certain risk threshold. Drawing inspiration from the universal design movement and feminist insights about autonomy, we argue that making support in decision-making the presumption has substantial expressive and practical benefits, and better empowers all potential research participants to make more informed, autonomous decisions.
Effective communication of risks and benefits is essential to ethical clinical trial recruitment, yet clinical research coordinators (CRCs) often lack formal training in how to navigate participant uncertainty. This study examined whether targeted communication training could enhance CRCs’ ability to disclose risks and benefits clearly and ethically.
Approach or Design:
A mixed-methods, pre–post design compared CRCs who received communication training with those in a control group.
Twenty-four CRCs participated across intervention and control groups.
Intervention:
A communication training program grounded, focusing on transparent disclosure, benefit framing, and participant engagement strategies.
Method:
Qualitative content analysis of SP interaction transcripts guided by uncertainty management theory examined risk disclosure, mitigation strategies, benefit framing, and engagement. Frequency analysis tracked changes in the number and specificity of risk/benefit mentions over time.
Results:
CRCs in the intervention group demonstrated more structured and transparent risk disclosure, greater use of participant-centered benefit framing, and improved interpersonal engagement. Frequency analysis showed significant increases in both the number and specificity of risk and benefit mentions post-training. Control group CRCs showed minimal change.
Conclusion:
Targeted communication training enhances CRCs’ ability to manage participant uncertainty, improving both ethical standards and informed consent quality in clinical trial recruitment.
This chapter illustrates a challenging clinical ethics case involving a twenty-something trauma patient experiencing dysphagia who declined recommendations for artificial nutrition and wanted to be allowed to take food and fluid by mouth. Capacity assessment was complicated by disagreements over clinical facts. The Ethics consultation process was impacted by limited consultant bandwidth and lack of institutional support. Moral distress was experienced by many team members including clinical ethicists who found themselves wondering how this consult went wrong, and whether withholding food from a decisionally capable patient was in fact within the rights of the healthcare team.
This article examines the governance challenges of human genomic data sharing. The analysis builds upon the unique characteristics that distinguish genomic data from other forms of personal data, particularly its dual nature as both uniquely identifiable to individuals and inherently collective, reflecting familial and ethnic group characteristics. This duality informs a tripartite risk taxonomy: individual privacy violations, group-level harms, and bioterrorism threats. Examining regulatory frameworks in the European Union (EU) and China, the article demonstrates how current data protection mechanisms—primarily anonymisation and informed consent—prove inadequate for genomic data governance due to the impossibility of true anonymisation and the limitations of consent-based models in addressing the risks of such sharing. Drawing on the concept of “genomic contextualism,” the article proposes a nuanced framework that incorporates interest balancing, comprehensive data lifecycle management, and tailored technical safeguards. The objective is to protect individuals and underrepresented groups while maximising the scientific and clinical value of genomic data.
Diagnosing, treating, and caring for individuals with dementia-related syndroms raises unique legal and ethical questions. Individuals with dementia may be more likely to lack decision-making capacity. Additionally, along with their families, individuals with dementia will face complicated health care related decisions – complicated by limited therapy options. This chapter identifies key legal and ethical questions that come up in the clinical and non-clinical setting relevant to dementia-related syndromes.
Aerial lidar (light detection and ranging) has been hailed as a revolutionary technology in archaeological survey because it can map vast areas with high-precision and seemingly peer beneath forest cover. This excitement has led to a proliferation of lidar scans, including calls to map the entire land surface of earth. Highlighting how the growth of aerial lidar is tied to fast capitalism, this article seeks to temporarily pause the global rush for data collection/extraction by focusing on the ethical dilemmas of remotely scanning Indigenous homelands and heritage. Although lidar specialists must obtain federal permissions for their work, few engage with people directly in the path of their scans or descendant stakeholders. This oversight perpetuates colonial oppression by objectifying Indigenous descendants. To address Indigenous objectification, I argue that aerial lidar mapping should be preceded by a concerted, culturally sensitive effort to obtain informed consent from local and descendant groups. With the Mensabak Archaeological Project as a case study, I demonstrate how aerial lidar can become part of a collaborative, humanizing praxis.
Under the rule of law, everyone has a constitutional right to a remedy—that is, access to a court that decides a dispute over private rights and obligations according to the law of the land. Dispute resolution agreements are an instance of reflexive contracting, in other words, agreements on which substantive and procedural rules shall govern a contractual relationship. Where the choice for one or both parties is for a law or forum other than that applicable by default, dispute resolution agreements contain a waiver of the constitutional right to a remedy according to the law of the land. Party autonomy—that is, the freedom to contract on the rights and remedies applicable to the main contract—is conferred by reflexive contract law, that is, the law applicable to dispute resolution agreements. In this article I argue that reflexive contract law, in specifying the conditions under which reflexive contracts are enforced by the state, shall reflect the extent to which agreements to arbitrate, on forum selection, or on choice of law interfere with the constitutional right to a remedy. Coherent requirements as to the form and validity of consent, ex-ante information, or ex-post judicial control shall be proportional to the entailed dangers and the proficiency of the involved parties. However, as dispute resolution agreements are regulated by diverse instruments on the national, supranational, and international levels, consistency is very difficult to achieve. Moreover, the US and EU regulatory approaches regarding the protection of consumers and employees seem to be incommensurable.
You can sell your soul to the devil, but it would be especially devilish if the sale were hidden on page twenty-nine of the terms of service of a ride sharing app. Our world is full of contract text for which there are no readers, allowing term setters the unilateral power to make law. There are two ways to approach this problem: providing more information, better information or more salient information on contract terms—information model—or controlling the content of the terms of form contracts—control model. This Article explores the interplay between the information model and the control model for protection of recipients of standard form contracts. It argues that the control model and the information model are mutually exclusive from a conceptual point of view. Therefore, using information to protect consumers should be eschewed in favor of term control – we should say farewell to the information model. This would mean that, given strong court control, contract terms could be set without notice, possibility to review or assent to them. Where court control is weak it should be strengthened. This Article develops these arguments with a view to the European and U.S. discourse on standard form contracts.
This chapter provides a comprehensive overview of the ethical principles and codes of conduct that every researcher in applied linguistics should follow. It emphasizes the importance of ethics in research, ensuring that all studies are conducted with integrity and respect for human rights and welfare. A central focus is placed on informed consent, particularly its role and importance when conducting research with human participants. The chapter discusses various ethical considerations related to data collection, analysis, management, and sharing, while also addressing the responsible reporting of research results. Additionally, unique ethical challenges are explored, especially those that arise when conducting research with children. After reading this chapter, you will be well-prepared to approach your work with a heightened sense of ethical responsibility, ensuring your research is both impactful and respectful of the individuals and communities being studied.
This study aimed to evaluate the quality of information provided by artificial intelligence (AI) applications regarding ENT surgeries and usability for patients.
Methods
ChatGPT 4.0, GEMINI 1.5 Flash, Copilot, Claude 3.5 Sonnet and DeepSeek-R1 were asked to provide detailed responses to patient-oriented questions about 15 ENT surgeries. Each AI application was queried three times, with a 3-day interval between each session. Two ENT specialists evaluated all responses using the Quality Analysis of Medical Artificial Intelligence (QAMAI) tool.
Results
Average QAMAI scores for each AI application were as follows: ChatGPT 4.0 (27.56 ± 1.20), GEMINI 1.5 Flash (26.24 ± 1.26), Copilot (26.84 ± 1.35), Claude 3.5 Sonnet (28.24 ± 0.77) and DeepSeek-R1 (28.13 ± 0.84). A statistically significant difference was found among the applications (p < 0.001). ICC analysis indicated high stability across evaluations conducted for all five AI applications (p < 0.001).
Conclusion
AI has the potential to provide patients with accurate and consistent information about ENT surgeries, yet differences in QAMAI scores show that information quality varies between platforms.
This chapter discusses the role of palliative care in the management of respiratory problems in neurological disease. To realize the right to live and to enjoy equal participation for neurological patients with respiratory symptoms may be complex and require extensive human, technical and financial resources, and, especially in low- and mid-income countries these resources may not be present. National and cultural differences in the role of palliative care are discussed, furthermore specific problems of palliative care in respiratory therapy such as correct indications, informed consent issues, therapy restriction physician-assisted suicide and euthanasia, in care settings such as critical care. The authors suggest a pathway to decision-making and introduce treatment strategies with a focus on respiratory symptoms.
In this chapter of Complex Ethics Consultations: Cases that Haunt is, the author describes the request of a middle-aged patient with COPD for terminal ventilator withdrawal. The consult occurred soon after the author began working at a Catholic hospital. The patient’s husband objected to withdrawal, despite the fact that the patient had reasonable capacity and could mouth or write. The attending physician said he would not withdraw treatment if "there was disagreement" in the family. Upon questioning, the patient reiterated her wishes and said the team should not abide by his wishes and did not want him involved in the decision if he was objecting to her request. A week later, still on the ventilator, she declined SNF placement and her distraught husband wanted transfer. Suspicions about her husband gained traction on the unit. The author offers advice and insights for new ethics consultants. She was haunted by her inexperience, her doubt whether she was assertive enough, the narrative around her husband’s suitability as a surrogate, and some of the staff’s admonition that the consultant did sufficiently advocate for the patient.
Anosognosia, commonly understood as a lack of insight, renders individuals with schizophrenia and schizoaffective disorder unable to understand that they are living with a disease, often resulting in a refusal to accept treatment. Typically, to impose involuntary commitment in an effort to obtain treatment, an individual must be a danger to others or themselves. Even if involuntary commitment is imposed, however, an individual may remain competent to refuse medication—despite symptoms of anosognosia and an inability to understand that they are ill. This article examines the existing legal theories of competency and informed consent and proposes a statutory definition of competency that encompasses the specific needs of people with anosognosia, while considering the significant interests at stake when taking away an individual’s right to choose or refuse treatment.
Ethical decisions must be made at every phase of a research study. Codes of ethics provide guidance on behaviors that are permissible or nonpermissible for research investigators. In contemporary science, investigators are required to have regular training on the responsible research conduct relevant to studies involving human subjects and animals. Despite this training, ethical lapses occur. This chapter explores some of the basic issues, including ethical mandates on what should be done, what must be done, and what must not be done. We consider the history of serious ethical concerns, such as the Tuskegee experiment. The chapter also reviews historical milestones such as the Belmont report, the Declaration of Helsinki, and the establishment of the Common Rule that is applied for research funded by US federal agencies. Further, the chapter explores challenges relevant to the reporting of conflicts of interests, imperfections in institutional review boards (IRBs), and ethical challenges in studies that use placebos. Among a range of research methods, randomized controlled trials tend to encounter the greatest number of ethical concerns.
Module 6 presents various ways in which cultures understand, describe, and explain illness. These conceptualizations are based in cultural ontologies and epistemologies, affecting how people communicate about illnesses and their expectations for treatment and outcomes. Indigenous and shamanic traditions are presented.
Chapter 3 explores safety and ethics in online and offline environments, particularly focused on research with adolescents. The chapter emphasises the need for a more rapid response to a very rapidly evolving field. Ethics is understood from a dynamic perspective, adapting to the individual, contextual, social and cultural contexts and needs of individuals and studies. Getting the balance right between enabling adolescent voice and safety is challenging.
The availability of data is a condition for the development of AI. This is no different in the context of healthcare-related AI applications. Healthcare data are required in the research, development, and follow-up phases of AI. In fact, data collection is also necessary to establish evidence of compliance with legislation. Several legislative instruments, such as the Medical Devices Regulation and the AI Act, enacted data collection obligations to establish (evidence of) the safety of medical therapies, devices, and procedures. Increasingly, such health-related data are collected in the real world from individual data subjects. The relevant legal instruments therefore explicitly mention they shall be without prejudice to other legal acts, including the GDPR. Following an introduction to real-world data, evidence, and electronic health records, this chapter considers the use of AI for healthcare from the perspective of healthcare data. It discusses the role of data custodians, especially when confronted with a request to share healthcare data, as well as the impact of concepts such as data ownership, patient autonomy, informed consent, and privacy and data protection-enhancing techniques.