Futility and Bargaining Power
Journal of Clinical Ethics. 1995 Spring; 6(1): 44-52.
...Whether they ultimately litigate or not, the way clinicians and families handle futility cases in the clinical setting is also shaped, to a degree, by their bargaining endowments. After characterizing bargaining power as a social power and describing the conditions in which it is likely to be used, I will explore the various endowments that participants in disagreements about futile interventions hold by virtue of the law. I then conclude that considering bargaining endowments and bargaining power will be as critical to any long-term solutions to futility problems as are normative ethical judgments.
Advance Directives; Allowing to Die; Anencephaly; Brain; Brain Death; Conscience; Death; Decision Making; Determination of Death; Dissent; Economics; Emergency Care; Family Members; Federal Government; Futility; Government; Hospitals; Institutional Policies; Law; Legal Aspects; Legislation; Life; Persistent Vegetative State; Physicians; Prolongation of Life; Power; Regulation; Resource Allocation; Resuscitation; Resuscitation Orders; Social Dominance; Standards; Terminology; Uncertainty;