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Biomedical subjects

Norman Daniels

Publications and source records attributed to Norman Daniels.

At least 19 recordsLinked to original sources
PubMed2003

Chevron v Echazabal: protection, opportunity, and paternalism.

The Supreme Court, in Chevron v Echazabal, ruled that risks to a disabled worker, if established by an individualized medical assessment, can disqualify the worker from protections offered by the Americans with Disabilities Act (ADA). This decision rejected the antipaternalist position of ADA advocates that workers with disabilities should be able to determine, through their own consent, the risks they will take. Such strong antipaternalism may not be compatible with the underlying justification for the protection of workers against health hazards. Stringent regulation of workplace hazards involves restricting the scope of consent to risk. Resolution of this conflict will depend on more careful examination of the degree to which individualized medical assessments avoid stereotyping and bias.

Civil Rights↗
PubMed1993

Rationing fairly: programmatic considerations.

CONCLUSION: I conclude with a plea against provincialism. The four problems I illustrated have their analogues in the rationing of goods other than health care. To flesh out a principle that says "people are equal before the law" will involve decisions about how to allocate legal services among all people who can make plausible claims to need them by citing that principle. Similarly, to give content to a principle that assures equal educational opportunity will involve decisions about resource allocation very much like those involved in rationing health care. Being provincial about health care rationing will prevent us from seeing the relationships among these rationing problems. Conversely, a rationing theory will have greater force if it derives from consideration of common types of problems that are independent of the kinds of goods whose distribution is in question. I am suggesting that exploring a theory of rationing in this way is a prolegomenon to serious work in "applied ethics."

Civil Rights↗
PubMed1991

Chronic illness: not-so-passive injustice?

Why is our system, which is so biased toward the provision of acute care, underserving the chronically ill?...I think the main reason...has to do with the difficulty of providing for the needs of the chronically ill through a system of largely employment-based private insurance. People who are chronically ill are likely to drop out of employment: they are not a group that employment-based insurance is intended to serve or that employers have an interest in serving....I do not believe we can shift the focus of organization of services for the chronically ill to home or family, as Douard suggests, without reforming the insurance system....

Chronic Disease↗
PubMed1989

The biomedical model and just health care: reply to Jecker.

... Some philosophers of medicine have criticized the biomedical model on which I draw (Daniels 1985, Ch. 2) on the grounds that the notion of disease is a value-laden concept, not the objective, theoretical notion presupposed by the biomedical model, and Jecker seems to agree with these criticisms. But whatever the merits of those criticisms, they are different from Professor Jecker's complaint. Professor Jecker's central argument is that my appeal to the biomedical model smuggles in particular conceptions of what is good in life, whereas the choice situation in which people agree on principles of justice should use a thin conception of the good that is neutral, not biased in this way. She also suggests that the results of prudent choice under my constraints fail to match our considered moral judgments in reflective equilibrium. I think neither criticism is successful....

Age Factors↗