Hec ForumPub Date : 2026-02-01DOI: 10.1007/s10730-026-09577-w
Nicholas R Mercado
{"title":"Professional Identity Formation in Clinical Ethics Consultation: A Pedagogical Necessity for Clinical Ethics Training Programs.","authors":"Nicholas R Mercado","doi":"10.1007/s10730-026-09577-w","DOIUrl":"https://doi.org/10.1007/s10730-026-09577-w","url":null,"abstract":"<p><p>Clinical ethics consultation is the practice of using ethical principles and theories to engage in complex interventions with stakeholders (patients, families, healthcare providers) to address moral issues. Ethicists must master ethical principles and apply them to complex healthcare dilemmas, employing critical thinking and practical knowledge to address nuances in healthcare. Essential to a clinical ethics consultant's development is the need for professional identity formation. Central this discussion of professional identity formation is what defines a professional and what qualifies a person to serve in that professional capacity. Are these qualifications skills-based, or are there characteristics that a clinical ethicist must have to be in the profession? Must someone have a professional or educational background that begins the professional identity formation process before entering the field of clinical ethics? Furthermore, can someone be taught these qualifications through structured learning activities with the goal of socializing them to a professional community? This essay will explore the reasons why professional identity formation has eluded the clinical ethics consultation field and how educational and training programs in clinical ethics have a duty to help learners develop a professional identity as a clinical ethicist. These programs must not only impart theoretical knowledge and practical skills but also foster the interpersonal abilities essential for ethics consultation. By embedding reflective practices, values clarification, and mentorship opportunities, such programs can guide learners through the complexities of professional identity formation, ensuring they are equipped to navigate the moral and relational challenges of the field.</p>","PeriodicalId":46160,"journal":{"name":"Hec Forum","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2026-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"146100969","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Hec ForumPub Date : 2026-02-01DOI: 10.1007/s10730-026-09578-9
Benjamin W Frush, Farr A Curlin
{"title":"\"Who am I to Say?\" Why Clinical Ethics Consultants Should be Trained to Give Directive Counsel.","authors":"Benjamin W Frush, Farr A Curlin","doi":"10.1007/s10730-026-09578-9","DOIUrl":"10.1007/s10730-026-09578-9","url":null,"abstract":"<p><p>Although clinical ethics consultation once involved the ethicist exercising practical reason to make moral judgments and recommendations, today clinical ethicists largely attempt to keep their “personal” moral judgments on the sidelines (Bell, 2022). Practical reason gives way to reliability, reproducibility, and patient autonomy. As a result, healthcare ethics (HE) consultants operate more as proceduralists negotiating conflicts than as counselors offering substantive recommendations. This pattern mirrors a similar mode of “de-moralization” among medical practitioners, in which clinicians eschew moral evaluation and judgment in favor of facilitating patient access to requested “health care services.” Medicine, like healthcare ethics consultation (HEC), becomes characterized by proceduralism, and clinicians’ moral assessments come to seem irrelevant if not threatening to the twin goals of bureaucratic efficiency and patient autonomy. In this essay, we argue that HE consultants should resist this bent toward procedure over moral substance. A “de-moralized” clinical ethics will neither fulfill its practitioners nor help the patients and clinicians it serves. Against the tide of standardization, bureaucratization, and efficiency-based care driving medical and ethical decision-making, HE consultants, like physicians, should seek to discern the goods/benefits and evils/harms at stake in different contexts and make recommendations toward the former and away from the latter. Those forming the professional identities of HE consultants should encourage them to approach their training as “moral formation” in which they hope to develop the skills and wisdom to offer sound moral counsel to those reckoning with morally complex clinical decisions.</p>","PeriodicalId":46160,"journal":{"name":"Hec Forum","volume":" ","pages":""},"PeriodicalIF":1.6,"publicationDate":"2026-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"146100939","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Hec ForumPub Date : 2025-12-09DOI: 10.1007/s10730-025-09569-2
{"title":"Author Index to Volume 37: 2025.","authors":"","doi":"10.1007/s10730-025-09569-2","DOIUrl":"https://doi.org/10.1007/s10730-025-09569-2","url":null,"abstract":"","PeriodicalId":46160,"journal":{"name":"Hec Forum","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2025-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145709603","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Hec ForumPub Date : 2025-12-01Epub Date: 2025-10-15DOI: 10.1007/s10730-025-09561-w
Devan Stahl
{"title":"Disability, Quality of Life, and Vitalism in End-of-Life Care.","authors":"Devan Stahl","doi":"10.1007/s10730-025-09561-w","DOIUrl":"10.1007/s10730-025-09561-w","url":null,"abstract":"<p><p>This article draws upon the work of disability bioethicists to offer additional reflections on how and why conflicts sometimes emerge between the surrogates of disabled patients and health care practitioners. The Best Interest Values (BIV) system described by Fiester can lead to, or coincide with, ableist attitudes that endanger the lives and dignity of disabled people. At the same time, her competing hierarchies could do a better job distinguishing quality of life concerns from vitalism, the latter of which does not well represent many disability advocates’ concerns regarding healthcare systems. The article concludes by arguing that acquiescing to surrogate demands and legal requirements to prolong the lives of disabled patients can lead to inhumane treatment plans that ought to be resisted by health care practitioners.</p>","PeriodicalId":46160,"journal":{"name":"Hec Forum","volume":" ","pages":"479-492"},"PeriodicalIF":1.6,"publicationDate":"2025-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12701858/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145303857","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Hec ForumPub Date : 2025-12-01Epub Date: 2025-10-15DOI: 10.1007/s10730-025-09562-9
Ana S Iltis
{"title":"Competing World Views, Professional Norms, and Conscience.","authors":"Ana S Iltis","doi":"10.1007/s10730-025-09562-9","DOIUrl":"10.1007/s10730-025-09562-9","url":null,"abstract":"<p><p>Sometimes patients or their legally authorized representatives/surrogate decision makers request interventions that clinicians believe ought not to be provided because, for example, they will merely prolong the life of a patient whose quality of life clinicians deem poor. When such disagreements cannot be resolved, clinicians may request a clinical ethics consultation. Some institutions have policies and some jurisdictions have laws addressing such conflicts, many of which involve procedures that ultimately allow for unilaterally withholding life-sustaining interventions. Autumn Fiester has argued that a radically new approach for addressing such conflicts is needed. I argue that Fiester's analysis relates closely to and has implications for other debates and key topics in the bioethics literature and raises important questions that merit further exploration. These include the concept of professional values or professional ethics and of values imposition, both of which are important in the literature on conscientious objection.</p>","PeriodicalId":46160,"journal":{"name":"Hec Forum","volume":" ","pages":"493-506"},"PeriodicalIF":1.6,"publicationDate":"2025-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12701857/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145303852","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Hec ForumPub Date : 2025-12-01Epub Date: 2024-12-26DOI: 10.1007/s10730-024-09546-1
Autumn Fiester
{"title":"Surrogate Wars: The \"Best Interest Values\" Hierarchy & End-of-Life Conflicts with Surrogate Decision-Makers.","authors":"Autumn Fiester","doi":"10.1007/s10730-024-09546-1","DOIUrl":"10.1007/s10730-024-09546-1","url":null,"abstract":"<p><p>Conflicts involving end-of-life care between healthcare providers (HCPs) and surrogate decision-makers (SDMs) have received sustained attention for more than a quarter of a century, with early studies demonstrating a frequency of HCP-SDM conflict in ICUs ranging from 32-78% of all admissions (Abbott et al. 2001; Breen et al. 2001; Studdert et al. 2003; Azoulay et al. 2009). More recent studies not only acknowledge the persistence of clinical conflict in end-of-life care (Leland et al. 2017), but they have begun to focus on the ways in which these conflicts escalate to verbal or physical violence in the ICU (Slack et al. 2023; Bass et al. 2024; Berger et al. 2024; Sjöberg et al. 2024). I will argue that part of the explanation for the persistence-and even escalation-of ICU disputes is the incommensurable value systems held by many conflicting HCPs and SDMs. I will argue that a common value system among HCPs can be understood as a \"Best Interest Values\" (BIV) hierarchy, which I will argue is irreconcilable with the set of \"Life-Continuation Values\" (LCV) held by a sizable minority of families in the United States. I argue this values-conflict undergirds many ICU disputes. If I am correct that an incommensurable value system underlies many ICU conflicts, then it is not just ineffectual for HCPs to impose their BIV system on LCV families, but also wrong given the American commitment to values pluralism. I conclude that the way to navigate continuous ICU surrogate wars is for BIV-focused healthcare institutions to engage more constructively with LCV stakeholders.</p>","PeriodicalId":46160,"journal":{"name":"Hec Forum","volume":" ","pages":"439-461"},"PeriodicalIF":1.6,"publicationDate":"2025-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12701854/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142899262","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Hec ForumPub Date : 2025-12-01Epub Date: 2025-10-15DOI: 10.1007/s10730-025-09564-7
Thaddeus Mason Pope
{"title":"Medical Futility Laws Protect Surrogate Decision Makers by Constraining Clinicians and Hospitals.","authors":"Thaddeus Mason Pope","doi":"10.1007/s10730-025-09564-7","DOIUrl":"10.1007/s10730-025-09564-7","url":null,"abstract":"<p><p>Medical futility laws protect surrogate decision makers by constraining clinicians and hospitals. Professor Fiester shows that clinicians and surrogate decision makers often have different value systems. Clinicians espouse the \"Best Interest Values\" (BIV) system, while surrogates often espouse the \"Life-Continuation Values\" (LCV) system. Professor Fiester argues that there is no way to adjudicate between the BIV and LCV value systems. They are incommensurable and irreconcilable. Surrogates are not \"wrong\" about the patient's best interest. They just measure it differently. Consequently, because clinicians have no superior ethical claim to determine the patient's best interest, they should not impose their value-laden notion onto surrogates. I question whether clinicians are as powerful as Professor Fiester suggests. In fact, laws in many U.S. states materially constrain clinicians and hospitals, requiring them to do precisely what the LCV surrogate wants. Therefore, in these jurisdictions, clinicians are already forced to undertake the \"constructive engagement\" that Professor Fiester calls for. In these states, the BIV does not subjugate the LCV. Rather, the LCV likely subjugates the BIV.</p>","PeriodicalId":46160,"journal":{"name":"Hec Forum","volume":" ","pages":"471-477"},"PeriodicalIF":1.6,"publicationDate":"2025-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145303818","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Hec ForumPub Date : 2025-12-01Epub Date: 2025-10-15DOI: 10.1007/s10730-025-09560-x
Janet Malek
{"title":"Getting To the Bottom of Surrogate Skirmishes: A Response To Fiester's \"Surrogate Wars\".","authors":"Janet Malek","doi":"10.1007/s10730-025-09560-x","DOIUrl":"10.1007/s10730-025-09560-x","url":null,"abstract":"<p><p>In “Surrogate Wars,” Autumn Fiester hypothesizes that conflicts between health care providers and surrogates about the use of life sustaining treatments (LSTs) often arise from differences in deeply held values about best interests and continuation of life. While Fiester’s view offers much food for thought, this response raises three concerns about its plausibility - and therefore its usefulness in resolving conflicts about LST. First, Fiester’s descriptions of health care providers’ best interests values (BIV) and surrogates’ life-continuation values (LCV) fail to recognize the diverse range of commitments these individuals may have. Second, patients and surrogates who articulate LCVs often do so with the hope of achieving a different underlying goal or motivation. Third, her claims about the “hegemony” of providers’ values over those of others seem to mischaracterize the majority of clinician-surrogate interactions; there are good reasons to believe that health care providers generally seek to respect patients’ and surrogates’ values and only interject their own in extreme cases. A more nuanced version of Fiester’s view might provide insights that could help clinicians and clinical ethics consultants resolve some of the challenging disagreements about provision of LST.</p>","PeriodicalId":46160,"journal":{"name":"Hec Forum","volume":" ","pages":"463-470"},"PeriodicalIF":1.6,"publicationDate":"2025-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145303771","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Hec ForumPub Date : 2025-12-01Epub Date: 2025-10-15DOI: 10.1007/s10730-025-09563-8
Takunda Matose
{"title":"Incompletely Theorized Agreement and Accommodated Disagreement in the Surrogate Wars.","authors":"Takunda Matose","doi":"10.1007/s10730-025-09563-8","DOIUrl":"10.1007/s10730-025-09563-8","url":null,"abstract":"<p><p>In this commentary, I argue that while the value-systems of healthcare providers and surrogate decision-makers might appear to be incommensurable, they share enough common ground over high-level principles that meaningful engagement between the two groups is possible. This engagement can happen through incompletely theorized agreements that allow discussants to focus on shared values while adhering to competing value-systems. Nonetheless, I argue that the privileging of both healthcare providers and their best interest value system within healthcare creates a continued and unjustified subordination of surrogate decision-makers that threatens to undermine the possibility of meaningful engagement between the two groups. As a solution, I suggest that end-of-life policies be structured in ways that emphasize common ground between healthcare providers and surrogate decision-makers while allowing the dissent of surrogate decision-makers to be a genuinely viable option whenever possible.</p>","PeriodicalId":46160,"journal":{"name":"Hec Forum","volume":" ","pages":"507-515"},"PeriodicalIF":1.6,"publicationDate":"2025-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12701848/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145303801","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}