Conflicting duties and restitution of the trusting relationship

Journal of Medical Ethics 44 (11):768-773 (2018)
  Copy   BIBTEX

Abstract

It is often claimed that medical professionals are subject to conflicting duties in their role morality. Some hold that the overridden duty taints the professional and generates a patient claim to a form of moral compensation. This paper challenges such a ‘compensation view’ of conflict and argues that it misleadingly makes the role morality into a personal contract between professional and patient. Two competing views are therefore considered. The ‘unity view’ argues that there are no real conflicts between professional duties. Hence, there can be no residual duties that are impossible to discharge and no special claim on the part of the patient. It is argued that this fails because the institutional nature of the role morality requires us to accept possibility of conflict. The paper articulates and defends a third view, where conflict triggers a professional duty of restitution. This duty is not a matter of making amends for a previous wrong, but rather a matter of rebuilding a trusting relationship that has been damaged due to blameless circumstances.

Other Versions

No versions found

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 100,607

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Duties to Rescue: Individual, professional and institutional.Thomas Douglas - 2016 - Journal of Medical Ethics 42 (4):207-208.
The Duty of the Patient to Cooperate.Jörg Löschke - 2017 - Jahrbuch für Wissenschaft Und Ethik 21 (1):7-26.
Patients' duties.Michael J. Meyer - 1992 - Journal of Medicine and Philosophy 17 (5):541-555.
Conflicts of Interest: A Moral Analysis.Alonso Villarán - 2020 - Business and Professional Ethics Journal 39 (1):121-142.
A Dichotomy of Conflicting Duties.Jeff Montrose - 2016 - In Thomas R. Elssner & Reinhold Janke (eds.), Didactics of Military Ethics: From Theory to Practice. Leiden: Brill. pp. 158-72.
Health versus harm: Euthanasia and physicians' duties.J. L. A. Garcia - 2007 - Journal of Medicine and Philosophy 32 (1):7 – 24.
Many Duties of Care—Or A Duty of Care? Notes from the Underground.David Howarth - 2006 - Oxford Journal of Legal Studies 26 (3):449-472.

Analytics

Added to PP
2018-06-16

Downloads
51 (#421,935)

6 months
4 (#1,232,709)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Andreas Eriksen
University of Oslo

Citations of this work

Different ways to argue about medical ethics.John R. McMillan - 2018 - Journal of Medical Ethics 44 (11):727-728.

Add more citations

References found in this work

Principles of biomedical ethics.Tom L. Beauchamp - 1989 - New York: Oxford University Press. Edited by James F. Childress.
Logic and Conversation.H. Paul Grice - 2013 - In Maite Ezcurdia & Robert J. Stainton (eds.), The Semantics-Pragmatics Boundary in Philosophy. Peterborough, CA: Broadview Press. pp. 47.
Practical reason and norms.Joseph Raz - 1975 - London: Hutchinson.
The right and the good.W. Ross - 1932 - Revue de Métaphysique et de Morale 39 (2):11-12.

View all 18 references / Add more references