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Asian Journal of Ethics in Health and Medicine

2026 Volume 6 Issue 2

Who May Challenge a Clinically Accepted Decision? A Procedural Justice Framework for Patient-Initiated Ethics Consultation, Independent Review, and Accessible Clinical Appeals


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  1. Department of Health Policy and Ethics, University College Dublin, Dublin, Ireland.
  2. Department of Medical Ethics, University of Copenhagen, Copenhagen, Denmark.
  3. Department of Bioethics, University of Ibadan, Ibadan, Nigeria.
  4. Department of Clinical Ethics, Aarhus University, Aarhus, Denmark.
Abstract

A clinically accepted decision may remain ethically contestable even when it reflects competent professional judgment and ordinary standards of care. The unresolved question is whether patients can trigger a credible process through which disagreement is heard, independently reconsidered when necessary, and connected to an institution capable of giving reasons or providing remedy. This article develops a Decision-Rights / Procedural Justice Architecture for patient-initiated challenge. It distinguishes the right to trigger scrutiny from authority to make, review, uphold, revise, or overturn a clinical decision. Evidence on ethics consultation, rapid review, complaints, patient-safety participation, communication, and ethics-service design indicates that pathway availability alone is insufficient. Meaningful procedural justice requires accessible initiation, intelligible routing, epistemic standing, timely and reasoned response, appropriate independence, defined review authority, and a route to remedy. Ethics consultation, independent review, and clinical appeal therefore perform different institutional functions. A patient may justifiably possess a broad right to initiate challenge without receiving unilateral decisional control, provided that the institutional response is accessible, appropriately independent, reason-giving, timely, and capable of acting on the concern.


How to cite this article
Vancouver
Fitzgerald L, Andersen T, Okafor G, Jensen M. Who May Challenge a Clinically Accepted Decision? A Procedural Justice Framework for Patient-Initiated Ethics Consultation, Independent Review, and Accessible Clinical Appeals. Asian J Ethics Health Med. 2026;6(2):76-85. https://doi.org/10.51847/IyOi2kiaWJ
APA
Fitzgerald, L., Andersen, T., Okafor, G., & Jensen, M. (2026). Who May Challenge a Clinically Accepted Decision? A Procedural Justice Framework for Patient-Initiated Ethics Consultation, Independent Review, and Accessible Clinical Appeals. Asian Journal of Ethics in Health and Medicine, 6(2), 76-85. https://doi.org/10.51847/IyOi2kiaWJ
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