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The stage-value model: Implications for the changing standards of care.

Görtz, Daniel LU and Commons, Michael Lamport (2015) In International Journal of Law and Psychiatry 42-43. p.135-143
Abstract
The standard of care is a legal and professional notion against which doctors and other medical personnel are held liable. The standard of care changes as new scientific findings and technological innovations within medicine, pharmacology, nursing and public health are developed and adopted. This study consists of four parts. Part 1 describes the problem and gives concrete examples of its occurrence. The second part discusses the application of the Model of Hierarchical Complexity on the field, giving examples of how standards of care are understood at different behavioral developmental stage. It presents the solution to the problem of standards of care at a Paradigmatic Stage 14. The solution at this stage is a deliberative, communicative... (More)
The standard of care is a legal and professional notion against which doctors and other medical personnel are held liable. The standard of care changes as new scientific findings and technological innovations within medicine, pharmacology, nursing and public health are developed and adopted. This study consists of four parts. Part 1 describes the problem and gives concrete examples of its occurrence. The second part discusses the application of the Model of Hierarchical Complexity on the field, giving examples of how standards of care are understood at different behavioral developmental stage. It presents the solution to the problem of standards of care at a Paradigmatic Stage 14. The solution at this stage is a deliberative, communicative process based around why certain norms should or should not apply in each specific case, by the use of "meta-norms". Part 3 proposes a Cross-Paradigmatic Stage 15 view of how the problem of changing standards of care can be solved. The proposed solution is to found the legal procedure in each case on well-established behavioral laws. We maintain that such a behavioristic, scientifically based justice would be much more proficient at effecting restorative legal interventions that create desired behaviors. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
in
International Journal of Law and Psychiatry
volume
42-43
pages
135 - 143
publisher
Elsevier
external identifiers
  • pmid:26548616
  • wos:000367282600018
  • scopus:84951905623
ISSN
0160-2527
DOI
10.1016/j.ijlp.2015.08.018
language
English
LU publication?
yes
id
7be1e83a-8e6a-4249-b008-e5ca2fd6924b (old id 8240038)
date added to LUP
2015-12-08 17:34:08
date last changed
2017-01-01 04:17:41
@article{7be1e83a-8e6a-4249-b008-e5ca2fd6924b,
  abstract     = {The standard of care is a legal and professional notion against which doctors and other medical personnel are held liable. The standard of care changes as new scientific findings and technological innovations within medicine, pharmacology, nursing and public health are developed and adopted. This study consists of four parts. Part 1 describes the problem and gives concrete examples of its occurrence. The second part discusses the application of the Model of Hierarchical Complexity on the field, giving examples of how standards of care are understood at different behavioral developmental stage. It presents the solution to the problem of standards of care at a Paradigmatic Stage 14. The solution at this stage is a deliberative, communicative process based around why certain norms should or should not apply in each specific case, by the use of "meta-norms". Part 3 proposes a Cross-Paradigmatic Stage 15 view of how the problem of changing standards of care can be solved. The proposed solution is to found the legal procedure in each case on well-established behavioral laws. We maintain that such a behavioristic, scientifically based justice would be much more proficient at effecting restorative legal interventions that create desired behaviors.},
  author       = {Görtz, Daniel and Commons, Michael Lamport},
  issn         = {0160-2527},
  language     = {eng},
  pages        = {135--143},
  publisher    = {Elsevier},
  series       = {International Journal of Law and Psychiatry},
  title        = {The stage-value model: Implications for the changing standards of care.},
  url          = {http://dx.doi.org/10.1016/j.ijlp.2015.08.018},
  volume       = {42-43},
  year         = {2015},
}