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Conflicts of Conscience in Health CareAn Institutional Compromise$
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Holly Fernandez Lynch

Print publication date: 2008

Print ISBN-13: 9780262123051

Published to MIT Press Scholarship Online: August 2013

DOI: 10.7551/mitpress/9780262123051.001.0001

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The “Hard” Cases: When the Institutional Solution Fails

The “Hard” Cases: When the Institutional Solution Fails

(p.195) 8 The “Hard” Cases: When the Institutional Solution Fails
Conflicts of Conscience in Health Care

Holly Fernandez Lynch

The MIT Press

This chapter describes the conflicts linked with hard cases, explaining that patients should look to licensing boards for compensation and continued efforts to avoid the hard cases. The problems linked with extracting a penalty for a physician’s hard-case refusal are also elaborated. Licensing boards should certainly pay compensation when they fail to satisfy their own standards, but even when they have succeeded, those standards themselves are open to challenge. The chapter clearly shows that holding licensing boards accountable when they fail to meet their obligations is a superior solution.

Keywords:   hard cases, licensing boards, compensation, physician’s refusal, standards

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