Employee Benefits Consultant; Plante
                    &amp; Moran, PLLC

Cook, Andrea

doi:10.5948/9781614441168.026

Cited by 1 publication

(1 citation statement)

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“…The Surrogate and her Husband agree to assume all medical, financial, and psychological risks and to release, the Genetic Parents, their attorney(s), the Treating Doctor, other professionals contemplated herein and/or involved in any aspect of the surrogacy arrangement, and each said person's agents and employees from any legal liability except professional malpractice (malfeasance or negligence). 54 Restricting responsibility for harms to malfeasance or negligence is a thin conception of responsibility. The contractual language cited here fails to appreciate how surrogacy includes working conditions that may have severe effects on a woman's physical and mental health.…”

Section: Surrogates As Patient-workersmentioning

confidence: 99%

The patient‐worker: A model for human research subjects and gestational surrogates

Ryman

Fulfer²

2017

Developing World Bioethics

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We propose the 'patient-worker' as a theoretical construct that responds to moral problems that arise with the globalization of healthcare and medical research. The patient-worker model recognizes that some participants in global medical industries are workers and are owed worker's rights. Further, these participants are patient-like insofar as they are beneficiaries of fiduciary relationships with healthcare professionals. We apply the patient-worker model to human subjects research and commercial gestational surrogacy. In human subjects research, subjects are usually characterized as either patients or as workers. Through questioning this dichotomy, we argue that some subject populations fit into both categories. With respect to commercial surrogacy, we enrich feminist discussions of embodied labor by describing how surrogates are beneficiaries of fiduciary obligations. They are not just workers, but patient-workers. Through these applications, the patient-worker model offers a helpful normative framework for exploring what globalized medical industries owe to the individuals who bear the bodily burdens of medical innovation.

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Section: Surrogates As Patient-workersmentioning

confidence: 99%