Scott Y H Kim
Biographic Data
| ID | 232044 |
|---|---|
| NAME | Scott Y H Kim |
| GIVEN NAMES | Scott Y H |
| FAMILY NAME | Kim |
| SIGNATURE | KIM S Y H |
| AFFILIATIONS | University of Michigan |
| ORCID | 0000-0002-9444-4627 |
| VERIFIED | Yes |
| TOTAL WORKS | 26 |
| TOTAL CITATIONS | 31 |
| AUTHOR COUNT | 26 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2000 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 3 |
The ability to value: An additional criterion for decision‐making capacity
In the United States, the dominant model of decision‐making capacity (DMC) is the “four abilities model,” which judges DMC according to four criteria: understanding, appreciation, reasoning, and communicating a choice. Some critics argue that this model is “too cognitive” because it ignores the role of emotions and values in decision‐making. But so far there is no consensus about how to incorporate such factors into a model of DMC while still ens…
Questioning our presumptions about the presumption of capacity
All contemporary frameworks of mental capacity stipulate that we must begin from the presumption that an adult has capacity. This presumption is crucial, as it manifests respect for autonomy and guards against prejudice and paternalism on the part of the evaluator. Given its ubiquity, we might presume that we all understand the presumption’s meaning and application in the same way. Evidence demonstrates that this is not the case and that this has…
Risk‐Sensitive Assessment of Decision‐Making Capacity: A Comprehensive Defense
Should the assessment of decision‐making capacity (DMC) be risk sensitive, that is, should the threshold for DMC vary with risk? The debate over this question is now nearly five decades old. To many, the idea that DMC assessments should be risk sensitive is intuitive and commonsense. To others, the idea is paternalistic or incoherent, or both; they argue that the riskiness of a given decision should increase the epistemic scrutiny in the evaluati…
Broad concepts and messy realities: Optimising the application of mental capacity criteria
Most jurisdictions require that a mental capacity assessment be conducted using a functional model whose definition includes several abilities. In England and Wales and in increasing number of countries, the law requires a person be able to understand, to retain, to use or weigh relevant information and to communicate one’s decision. But interpreting and applying broad and vague criteria, such as the ability ‘to use or weigh’ to a diverse range o…
Difficult Capacity Cases—The Experience of Liaison Psychiatrists. An Interview Study Across Three Jurisdictions
Practitioners approaching difficult capacity cases require both clinical skills, e.g., to uncover subtle illness impairing decision-making and to consider interpersonal dynamics, and ethical skills, e.g., to negotiate the role of values and risks in capacity assessment. Education and training programmes should incorporate both aspects and could include the resolution strategies identified in our study. Practitioners, supported by health and socia…
Is this person with dementia (currently) competent to request euthanasia? A complicated and underexplored question
In euthanasia and/or assisted suicide (EAS) of persons with dementia, the controversy has mostly focused on decisionally incapable persons with very advanced dementia for whom the procedure must be based on a written advance euthanasia directive. This focus on advance euthanasia directive-based EAS has been accompanied by scant attention to the issue of decision-making capacity assessment of persons with dementia who are being evaluated for concu…
A new kind of paternalism in surrogate decision-making? The case of Barnsley Hospitals NHS Foundation Trust v MSP
The modern legal and ethical movement against traditional welfare paternalism in medical decision-making extends to how decisions are made for patients lacking decisional capacity, prioritising surrogates’ judgment about what patients would have decided over even their best interests. In England and Wales, the Mental Capacity Act 2005 follows this trend of prioritising the patient’s prior wishes, values and beliefs but the dominant interpretation…
Should age matter in Covid-19 triage? A deliberative study
The COVID-19 pandemic put a large burden on many healthcare systems, causing fears about resource scarcity and triage. Several COVID-19 guidelines included age as an explicit factor and practices of both triage and ‘anticipatory triage’ likely limited access to hospital care for elderly patients, especially those in care homes. To ensure the legitimacy of triage guidelines, which affect the public, it is important to engage the public’s moral int…
Biobanks and the Moral Concerns of Donors: A Democratic Deliberation
Do members of the public believe that biobanks should accommodate the moral concerns of donors about the types of research done with their biospecimens? The answer to this question is critical to the future of genomic and precision medicine, endeavors that rely on a public willing to share their biospecimens and medical data. To explore public attitudes regarding the requirements of consent for biobank donations, we organized three democratic del…
The moral concerns of biobank donors: The effect of non-welfare interests on willingness to donate
Donors to biobanks are typically asked to give blanket consent, allowing their donation to be used in any research authorized by the biobank. This type of consent ignores the evidence that some donors have moral, religious, or cultural concerns about the future uses of their donations - concerns we call "non-welfare interests". The nature of non-welfare interests and their effect on willingness to donate to a biobank is not well understood.In ord…
Impact of Non-Welfare Interests on Willingness to Donate to Biobanks: An Experimental Survey
The ethical debate surrounding biobanks has focused on protecting donors' welfare and privacy. However, little attention has been given to the ethical significance of donor interests that go beyond privacy and welfare (non-welfare interests [NWIs]), such as their concerns about the moral or religious implications of researchers using their donated samples. Using an experimental survey design with 1,276 participants recruited via Amazon Mechanical…
What Is Good Public Deliberation
Off-Label Use of Therapeutic Hypothermia for Infants with Hypoxic-Ischemic Encephalopathy
Physicians are often under pressure to use only those therapies that have been shown to be safe and effective in large randomized control trials (RCTs). This is a thorny issue in the newborn intensive care unit: neonatologists recognize the importance of evidence-based decision making Examples of seemingly benign therapies ultimately found to be harmful are reminders of the need for prospective evaluation of new therapies' short-and long-term eff…
A Framework for Assessing the Quality of Democratic Deliberation: Enhancing Deliberation as a Tool for Bioethics
The goal of democratic deliberation (DD) bioethics research is to elicit informed and considered opinions on ethically controversial issues. But the trustworthiness of DD outcomes depends on the quality of deliberations. We provide a framework to evaluate the quality of deliberations and apply that framework to a DD project on surrogate consent for dementia research involving randomly selected samples of the older general public. Using a mixed me…
Measuring How People View Biomedical Research: Reliability and Validity Analysis of the Research Attitudes Questionnaire
With increasing numbers of studies on research ethics and a need to improve the recruitment of research subjects, the ability to measure attitudes toward biomedical research has become important. The Research Attitudes Questionnaire is a significant predictor of the public's attitudes toward and willingness to participate in research, yet limited data are available on its psychometric properties. This study establishes the scale's internal consis…
Advance Directives and Outcomes of Surrogate Decision Making before Death
BACKGROUND: Recent discussions about health care reform have raised questions regarding the value of advance directives. METHODS: We used data from survey proxies in the Health and Retirement Study involving adults 60 years of age or older who had died between 2000 and 2006 to determine the prevalence of the need for decision making and lost decision-making capacity and to test the association between preferences documented in advance directives …
Returning Individual Research Results: Development of a Cancer Genetics Education and Risk Communication Protocol
The obligations of researchers to disclose clinically and/or personally significant individual research results are highly debated, but few empirical studies have addressed this topic. We describe the development of a protocol for returning research results to participants at one site of a multicenter study of the genetic epidemiology of melanoma. Protocol development involved numerous challenges: (1) deciding whether genotype results merited dis…
Evaluation of capacity to consent to treatment and research
This book addresses the assessment of an individual's competency to consent to medical treatment and using the template will look at the history and importance of this process, the legal standards and the procedure for applying this assessment in court. Established empirical foundations from the behavioral, social, and medical sciences are then presented. Finally, the book provides a detailed 'how-to' for practitioners, including information on d…
Assessing the quality of democratic deliberation: A case study of public deliberation on the ethics of surrogate consent for research
Assessing the Public's Views in Research Ethics Controversies: Deliberative Democracy and Bioethics as Natural Allies
In a liberal democracy, policy decisions regarding ethical controversies, including those in research ethics, should incorporate the opinions of its citizens. Eliciting informed and well-considered ethical opinions can be challenging. The issues may not be widely familiar and they may involve complex scientific, legal, historical, and ethical dimensions. Traditional surveys risk eliciting superficial and uninformed opinions that may be of dubious…
Trends in the prevalence and mortality of cognitive impairment in the United States: Is there evidence of a compression of cognitive morbidity?
BACKGROUND: Recent medical, demographic, and social trends might have had an important impact on the cognitive health of older adults. To assess the impact of these multiple trends, we compared the prevalence and 2-year mortality of cognitive impairment (CI) consistent with dementia in the United States in 1993 to 1995 and 2002 to 2004. METHODS: We used data from the Health and Retirement Study (HRS), a nationally representative population-based …
Ethical Issues in including Suicidal Individuals in Clinical Research
Celia B. Fisher, Jane L. Pearson, Scott Kim, Charles F. Reynolds, Ethical Issues in including Suicidal Individuals in Clinical Research, IRB: Ethics & Human Research, Vol. 24, No. 5 (Sep. - Oct., 2002), pp. 9-14
Inalienable Rights: The Limits of Consent in Medicine and the Law
Book Review| April 01 2002 Inalienable Rights: The Limits of Consent in Medicine and the Law Terrance McConnell, Inalienable Rights: The Limits of Consent in Medicine and the Law. New York: Oxford, 2000. Pp. ix, 172. Scott Kim Scott Kim Search for other works by this author on: This Site Google The Philosophical Review (2002) 111 (2): 275–278. https://doi.org/10.1215/00318108-111-2-275 Cite Icon Cite Share Icon Share Twitter Permissions Search Si…
Inalienable Rights: The Limits of Consent in Medicine and the Law
McConnell presents the unusual and distinctive argument that inalienable rights differ from other types of rights in that, rather than restraining the behaviour of others, inalienable rights seem to put limits on the possessors themselves, because even the possessor's consent does not justify others in encroaching on them. He offers a full account of what it means for a right to be inalienable, distinguishing them from other kinds of rights in th…
Family matters: A social systems perspective on physician-assisted suicide and the older adult
Assessing the quality of democratic deliberation: A case study of public deliberation on the ethics of surrogate consent for research
Assessing the Public's Views in Research Ethics Controversies: Deliberative Democracy and Bioethics as Natural Allies
In a liberal democracy, policy decisions regarding ethical controversies, including those in research ethics, should incorporate the opinions of its citizens. Eliciting informed and well-considered ethical opinions can be challenging. The issues may not be widely familiar and they may involve complex scientific, legal, historical, and ethical dimensions. Traditional surveys risk eliciting superficial and uninformed opinions that may be of dubious…
The moral concerns of biobank donors: The effect of non-welfare interests on willingness to donate
Donors to biobanks are typically asked to give blanket consent, allowing their donation to be used in any research authorized by the biobank. This type of consent ignores the evidence that some donors have moral, religious, or cultural concerns about the future uses of their donations - concerns we call "non-welfare interests". The nature of non-welfare interests and their effect on willingness to donate to a biobank is not well understood.In ord…
A Framework for Assessing the Quality of Democratic Deliberation: Enhancing Deliberation as a Tool for Bioethics
The goal of democratic deliberation (DD) bioethics research is to elicit informed and considered opinions on ethically controversial issues. But the trustworthiness of DD outcomes depends on the quality of deliberations. We provide a framework to evaluate the quality of deliberations and apply that framework to a DD project on surrogate consent for dementia research involving randomly selected samples of the older general public. Using a mixed me…
Measuring How People View Biomedical Research: Reliability and Validity Analysis of the Research Attitudes Questionnaire
With increasing numbers of studies on research ethics and a need to improve the recruitment of research subjects, the ability to measure attitudes toward biomedical research has become important. The Research Attitudes Questionnaire is a significant predictor of the public's attitudes toward and willingness to participate in research, yet limited data are available on its psychometric properties. This study establishes the scale's internal consis…
Biobanks and the Moral Concerns of Donors: A Democratic Deliberation
Do members of the public believe that biobanks should accommodate the moral concerns of donors about the types of research done with their biospecimens? The answer to this question is critical to the future of genomic and precision medicine, endeavors that rely on a public willing to share their biospecimens and medical data. To explore public attitudes regarding the requirements of consent for biobank donations, we organized three democratic del…
Impact of Non-Welfare Interests on Willingness to Donate to Biobanks: An Experimental Survey
The ethical debate surrounding biobanks has focused on protecting donors' welfare and privacy. However, little attention has been given to the ethical significance of donor interests that go beyond privacy and welfare (non-welfare interests [NWIs]), such as their concerns about the moral or religious implications of researchers using their donated samples. Using an experimental survey design with 1,276 participants recruited via Amazon Mechanical…
Family matters: A social systems perspective on physician-assisted suicide and the older adult
Physician-assisted suicide is one of the most controversial issues facing health care providers today, provoking contentious debate that spans medical, psychological, legal, religious, and moral realms. Despite the wealth of theories and opinions proffered, most of this work focuses on concepts of individual competence and autonomy, with little or no attention paid to the dynamics of family or other psychosocial systems likely to affect an indivi…
Family matters: A social systems perspective on physician-assisted suicide and the older adult
Family matters: A social systems perspective on physician-assisted suicide and the older adult
Physician-assisted suicide is one of the most controversial issues facing health care providers today, provoking contentious debate that spans medical, psychological, legal, religious, and moral realms. Despite the wealth of theories and opinions proffered, most of this work focuses on concepts of individual competence and autonomy, with little or no attention paid to the dynamics of family or other psychosocial systems likely to affect an indivi…
Ethical Issues in including Suicidal Individuals in Clinical Research
Celia B. Fisher, Jane L. Pearson, Scott Kim, Charles F. Reynolds, Ethical Issues in including Suicidal Individuals in Clinical Research, IRB: Ethics & Human Research, Vol. 24, No. 5 (Sep. - Oct., 2002), pp. 9-14
Inalienable Rights: The Limits of Consent in Medicine and the Law
Book Review| April 01 2002 Inalienable Rights: The Limits of Consent in Medicine and the Law Terrance McConnell, Inalienable Rights: The Limits of Consent in Medicine and the Law. New York: Oxford, 2000. Pp. ix, 172. Scott Kim Scott Kim Search for other works by this author on: This Site Google The Philosophical Review (2002) 111 (2): 275–278. https://doi.org/10.1215/00318108-111-2-275 Cite Icon Cite Share Icon Share Twitter Permissions Search Si…
Inalienable Rights: The Limits of Consent in Medicine and the Law
McConnell presents the unusual and distinctive argument that inalienable rights differ from other types of rights in that, rather than restraining the behaviour of others, inalienable rights seem to put limits on the possessors themselves, because even the possessor's consent does not justify others in encroaching on them. He offers a full account of what it means for a right to be inalienable, distinguishing them from other kinds of rights in th…
Trends in the prevalence and mortality of cognitive impairment in the United States: Is there evidence of a compression of cognitive morbidity?
BACKGROUND: Recent medical, demographic, and social trends might have had an important impact on the cognitive health of older adults. To assess the impact of these multiple trends, we compared the prevalence and 2-year mortality of cognitive impairment (CI) consistent with dementia in the United States in 1993 to 1995 and 2002 to 2004. METHODS: We used data from the Health and Retirement Study (HRS), a nationally representative population-based …
Assessing the Public's Views in Research Ethics Controversies: Deliberative Democracy and Bioethics as Natural Allies
In a liberal democracy, policy decisions regarding ethical controversies, including those in research ethics, should incorporate the opinions of its citizens. Eliciting informed and well-considered ethical opinions can be challenging. The issues may not be widely familiar and they may involve complex scientific, legal, historical, and ethical dimensions. Traditional surveys risk eliciting superficial and uninformed opinions that may be of dubious…
Advance Directives and Outcomes of Surrogate Decision Making before Death
BACKGROUND: Recent discussions about health care reform have raised questions regarding the value of advance directives. METHODS: We used data from survey proxies in the Health and Retirement Study involving adults 60 years of age or older who had died between 2000 and 2006 to determine the prevalence of the need for decision making and lost decision-making capacity and to test the association between preferences documented in advance directives …
Returning Individual Research Results: Development of a Cancer Genetics Education and Risk Communication Protocol
The obligations of researchers to disclose clinically and/or personally significant individual research results are highly debated, but few empirical studies have addressed this topic. We describe the development of a protocol for returning research results to participants at one site of a multicenter study of the genetic epidemiology of melanoma. Protocol development involved numerous challenges: (1) deciding whether genotype results merited dis…
Evaluation of capacity to consent to treatment and research
This book addresses the assessment of an individual's competency to consent to medical treatment and using the template will look at the history and importance of this process, the legal standards and the procedure for applying this assessment in court. Established empirical foundations from the behavioral, social, and medical sciences are then presented. Finally, the book provides a detailed 'how-to' for practitioners, including information on d…
Assessing the quality of democratic deliberation: A case study of public deliberation on the ethics of surrogate consent for research
A Framework for Assessing the Quality of Democratic Deliberation: Enhancing Deliberation as a Tool for Bioethics
The goal of democratic deliberation (DD) bioethics research is to elicit informed and considered opinions on ethically controversial issues. But the trustworthiness of DD outcomes depends on the quality of deliberations. We provide a framework to evaluate the quality of deliberations and apply that framework to a DD project on surrogate consent for dementia research involving randomly selected samples of the older general public. Using a mixed me…
Measuring How People View Biomedical Research: Reliability and Validity Analysis of the Research Attitudes Questionnaire
With increasing numbers of studies on research ethics and a need to improve the recruitment of research subjects, the ability to measure attitudes toward biomedical research has become important. The Research Attitudes Questionnaire is a significant predictor of the public's attitudes toward and willingness to participate in research, yet limited data are available on its psychometric properties. This study establishes the scale's internal consis…
What Is Good Public Deliberation
Off-Label Use of Therapeutic Hypothermia for Infants with Hypoxic-Ischemic Encephalopathy
Physicians are often under pressure to use only those therapies that have been shown to be safe and effective in large randomized control trials (RCTs). This is a thorny issue in the newborn intensive care unit: neonatologists recognize the importance of evidence-based decision making Examples of seemingly benign therapies ultimately found to be harmful are reminders of the need for prospective evaluation of new therapies' short-and long-term eff…
Impact of Non-Welfare Interests on Willingness to Donate to Biobanks: An Experimental Survey
The ethical debate surrounding biobanks has focused on protecting donors' welfare and privacy. However, little attention has been given to the ethical significance of donor interests that go beyond privacy and welfare (non-welfare interests [NWIs]), such as their concerns about the moral or religious implications of researchers using their donated samples. Using an experimental survey design with 1,276 participants recruited via Amazon Mechanical…
The moral concerns of biobank donors: The effect of non-welfare interests on willingness to donate
Donors to biobanks are typically asked to give blanket consent, allowing their donation to be used in any research authorized by the biobank. This type of consent ignores the evidence that some donors have moral, religious, or cultural concerns about the future uses of their donations - concerns we call "non-welfare interests". The nature of non-welfare interests and their effect on willingness to donate to a biobank is not well understood.In ord…
Biobanks and the Moral Concerns of Donors: A Democratic Deliberation
Do members of the public believe that biobanks should accommodate the moral concerns of donors about the types of research done with their biospecimens? The answer to this question is critical to the future of genomic and precision medicine, endeavors that rely on a public willing to share their biospecimens and medical data. To explore public attitudes regarding the requirements of consent for biobank donations, we organized three democratic del…
Is this person with dementia (currently) competent to request euthanasia? A complicated and underexplored question
In euthanasia and/or assisted suicide (EAS) of persons with dementia, the controversy has mostly focused on decisionally incapable persons with very advanced dementia for whom the procedure must be based on a written advance euthanasia directive. This focus on advance euthanasia directive-based EAS has been accompanied by scant attention to the issue of decision-making capacity assessment of persons with dementia who are being evaluated for concu…
A new kind of paternalism in surrogate decision-making? The case of Barnsley Hospitals NHS Foundation Trust v MSP
The modern legal and ethical movement against traditional welfare paternalism in medical decision-making extends to how decisions are made for patients lacking decisional capacity, prioritising surrogates’ judgment about what patients would have decided over even their best interests. In England and Wales, the Mental Capacity Act 2005 follows this trend of prioritising the patient’s prior wishes, values and beliefs but the dominant interpretation…
Should age matter in Covid-19 triage? A deliberative study
The COVID-19 pandemic put a large burden on many healthcare systems, causing fears about resource scarcity and triage. Several COVID-19 guidelines included age as an explicit factor and practices of both triage and ‘anticipatory triage’ likely limited access to hospital care for elderly patients, especially those in care homes. To ensure the legitimacy of triage guidelines, which affect the public, it is important to engage the public’s moral int…
Broad concepts and messy realities: Optimising the application of mental capacity criteria
Most jurisdictions require that a mental capacity assessment be conducted using a functional model whose definition includes several abilities. In England and Wales and in increasing number of countries, the law requires a person be able to understand, to retain, to use or weigh relevant information and to communicate one’s decision. But interpreting and applying broad and vague criteria, such as the ability ‘to use or weigh’ to a diverse range o…
Difficult Capacity Cases—The Experience of Liaison Psychiatrists. An Interview Study Across Three Jurisdictions
Practitioners approaching difficult capacity cases require both clinical skills, e.g., to uncover subtle illness impairing decision-making and to consider interpersonal dynamics, and ethical skills, e.g., to negotiate the role of values and risks in capacity assessment. Education and training programmes should incorporate both aspects and could include the resolution strategies identified in our study. Practitioners, supported by health and socia…
Risk‐Sensitive Assessment of Decision‐Making Capacity: A Comprehensive Defense
Should the assessment of decision‐making capacity (DMC) be risk sensitive, that is, should the threshold for DMC vary with risk? The debate over this question is now nearly five decades old. To many, the idea that DMC assessments should be risk sensitive is intuitive and commonsense. To others, the idea is paternalistic or incoherent, or both; they argue that the riskiness of a given decision should increase the epistemic scrutiny in the evaluati…
Questioning our presumptions about the presumption of capacity
All contemporary frameworks of mental capacity stipulate that we must begin from the presumption that an adult has capacity. This presumption is crucial, as it manifests respect for autonomy and guards against prejudice and paternalism on the part of the evaluator. Given its ubiquity, we might presume that we all understand the presumption’s meaning and application in the same way. Evidence demonstrates that this is not the case and that this has…
Psychology (18 works) · Medicine (16 works) · Law (15 works) · Political science (15 works) · Computer Science (13 works) · Ethics in Clinical Research (8 works) · Healthcare Decision-Making and Restraints (7 works) · Psychiatry (7 works) · Social Psychology (7 works) · Sociology (7 works)