Humanistic problem solving: The case of Mr. T

Journal of Clinical Ethics

Volumn 8, Issue 4, 1997, Pages 389-397

  Winslade, William J ^a,b  

^a UNIVERSITY OF TEXAS MEDICAL BRANCH   (United States)

^b UNIVERSITY OF HOUSTON   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

AGED; ALCOHOLISM; ARTICLE; CASE REPORT; COMPREHENSION; DOCTOR PATIENT RELATION; ETHICAL THEORY; ETHICIST; ETHICS; HUMAN; HUMANISM; INTERDISCIPLINARY COMMUNICATION; JURISPRUDENCE; LAWYER; LEGAL APPROACH; LEGAL ASPECT; MALE; MENTAL CAPACITY; MENTAL HEALTH THERAPIES; PATIENT ATTITUDE; PHYSICIAN ATTITUDE; PROFESSIONAL PATIENT RELATIONSHIP; PROFESSIONAL STANDARD; PSYCHOLOGICAL ASPECT; UNITED STATES;

LEGAL APPROACH; MENTAL HEALTH THERAPIES; PROFESSIONAL PATIENT RELATIONSHIP;

AGED; ALCOHOLISM; COMPREHENSION; ETHICAL THEORY; ETHICISTS; ETHICS CONSULTATION; HUMANISM; HUMANS; INTERDISCIPLINARY COMMUNICATION; JUDICIAL ROLE; LAWYERS; MALE; MENTAL COMPETENCY; PATIENT ACCEPTANCE OF HEALTH CARE; PHYSICIAN'S ROLE; PHYSICIAN-PATIENT RELATIONS; PROFESSIONAL ROLE; UNITED STATES;

EID: 0031310190     PISSN: 10467890     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (5)

1. A.N. Whitehead, The Function of Reason (Boston, Mass.: Beacon Press, 1962), 4.
2. W.J. Winslade, "Ethics Consultation: Cases in Context," Albany Law Review 57 (1994): 679-91.
3. See W.J. Winslade, "End-of-Life Medicine, Law, and Ethics: A Twilight Zone," in Emerging Issues in Biomedical Policy: An Annual Review, R.H. Blank and A.L. Bonnicksen, ed. (New York: Columbia University Press, 1993). In this article I discuss the merits of an independent court-appointed conservator in contested cases concerning termination of life support for hopelessly ill patients. But the idea of a participant-interpreter might be an even better idea.
4. The case presented is discussed in detail rather than as a vignette. A brief account of this case is found in A. Jonson, M. Siegler, and W.J. Winslade, Clinical Ethics, 3rd ed. (New York: McGraw Hill, 1993), 48-49. Although brief case excerpts are useful for some purposes, a detailed case report helps to bring out nuances and contextual complexities. Because my approach to - or perhaps I should say prejudice about -bioethics stresses cases in context rather than principles and theories, I prefer case descriptions rich enough to speak for themselves.
5. See D.S. Davis, "Rich Cases: The Ethics of Thick Description," Hastings Center Report (July-August 1991): 12-17. I have chosen to discuss this case for another reason: to express my appreciation for the wise counsel, professional support, and personal warmth generously given to me over the years by Jay Katz, MD, psychoanalyst and Yale Law School Professor. More specifically, when I found myself confronted with the novel task of deciphering this case, I sought Jay's guidance. He unselfishly gave me advice, a mound of literature, and encouragement to tackle the complex psychological, legal, and ethical issues the case raises. Several telephone conversations with him about this specific case were extremely helpful. Over the years, Jay had always responded to my questions and concerns by helping me to see how psychodynamics, ethics, and law are inextricably and subtly intertwined. Without the benefit of his probing writings and his personal insights, I would have missed more nuances, taken more wrong turns, and be even more perplexed than I usually am. For all his help, I am deeply grateful.