Jessica Wilen Berg

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Jessica Wilen Berg is an American attorney and specialist in Bioethics and Public Health Law. She is Dean and Professor of Law at the University of California, Davis School of Law. She previously served as co-Dean at Case Western Reserve University School of Law, the first female co-Dean or Dean in the law school's 129-year history. [1] [2] [3] She is a reference book author in the area of informed consent. [4] Her scholarly opinion is often reported by institutions and media on ethical aspects iof innovative biomedical procedures. [5] [6] [7] [8] [9]

Contents

Education

Berg graduated as a Bachelor of Arts from Cornell University in 1991. [1] In 1994, she graduated as Juris Doctor (JD) from Cornell Law School. [1] She undertook consecutive positions as a fellow at the Institute for Law, Psychiatry and Public Policy at the University of Virginia School of Law (1994), fellow at the Center for Biomedical Ethics, University of Virginia School of Medicine (1994), and Scholar in Excellence at the University of Massachusetts School of Medicine (1996-1996). [1] In 2009 she completed a Masters in Public Health (MPH) at Case Western Reserve University School of Medicine. [1]

Career

Berg taught at several law schools in the US. She was a Fellow at the Center for Biomedical Ethics and the Institute for Law, Psychiatry and Public Policy at the University of Virginia (1994), and a Scholar in Excellence at the University of Massachusetts Medical School (1995 - 1996). [1]

In 1999 she became assistant professor at Case Western University School of Law, where she has successively been Associate Professor (2003), Professor of Law, Bioethics and Public Health (2005–present), Tom J.E. and Bette Lou Walker Professor of Law (2014 to date)/ She is also associate director of the Institute for Global Security Law & Policy (2006 - 2007), associate director of the Law-Medicine Center (2006 - 2014), and co-Dean (2013 - present), together with professor Michael Scharf. [1] [10]

She was Director of Academic Affairs and member of the working group on Healthcare Organizational Ethics of the Institute for Ethics and Emerging Technologies, [1] [11] and Secretary of the Council on Ethical and Judicial Affairs for the American Medical Association. [1] [12] As part of an academic group with Max Mehlman and others, in 2006 she was a recipient of a large NIH research grant to develop guidelines for the use of human subjects in genetic research. [13] In 2008, Berg was named Health Policy Researcher of the Year by the Health Policy Institute of Ohio, and she received the Case Western Reserve University Mather Spotlight Award for Excellence in Research in 2009. [1]

Works

Papers

Her most-cited academic articles are:

Books

The book has been recommended as a professional reference source on the theory and practice of informed consent, [17] [18]

Related Research Articles

<span class="mw-page-title-main">Informed consent</span> Ethical precondition for obtaining voluntary assumption of risk

Informed consent is a principle in medical ethics, medical law, media studies, and other fields, that a person must have sufficient information and understanding before making decisions about accepting risk, such as their medical care. Pertinent information may include risks and benefits of treatments, alternative treatments, the patient's role in treatment, and their right to refuse treatment. In most systems, healthcare providers have a legal and ethical responsibility to ensure that a patient's consent is informed. This principle applies more broadly than healthcare intervention, for example to conduct research, to disclose a person's medical information, or to participate in high risk sporting and recreational activities.

Bioethics is both a field of study and professional practice, interested in ethical issues related to health, including those emerging from advances in biology, medicine, and technologies. It proposes the discussion about moral discernment in society and it is often related to medical policy and practice, but also to broader questions as environment, well-being and public health. Bioethics is concerned with the ethical questions that arise in the relationships among life sciences, biotechnology, medicine, politics, law, theology and philosophy. It includes the study of values relating to primary care, other branches of medicine, ethical education in science, animal, and environmental ethics, and public health.

Medical ethics is an applied branch of ethics which analyzes the practice of clinical medicine and related scientific research. Medical ethics is based on a set of values that professionals can refer to in the case of any confusion or conflict. These values include the respect for autonomy, non-maleficence, beneficence, and justice. Such tenets may allow doctors, care providers, and families to create a treatment plan and work towards the same common goal. These four values are not ranked in order of importance or relevance and they all encompass values pertaining to medical ethics. However, a conflict may arise leading to the need for hierarchy in an ethical system, such that some moral elements overrule others with the purpose of applying the best moral judgement to a difficult medical situation. Medical ethics is particularly relevant in decisions regarding involuntary treatment and involuntary commitment.

Utilitarian bioethics refers to the branch of bioethics that incorporates principles of utilitarianism to directing practices and resources where they will have the most usefulness and highest likelihood to produce happiness, in regards to medicine, health, and medical or biological research.

New eugenics, also known as liberal eugenics, advocates enhancing human characteristics and capacities through the use of reproductive technology and human genetic engineering. Those who advocate new eugenics generally think selecting or altering embryos should be left to the preferences of parents, rather than forbidden. "New" eugenics purports to distinguish itself from the forms of eugenics practiced and advocated in the 20th century, which fell into disrepute after World War II.

<span class="mw-page-title-main">The Hastings Center</span> Non-profit organization in the USA

The Hastings Center is an independent, nonpartisan bioethics research institute and think tank based in Garrison, New York.

George J. Annas is the William Fairfield Warren Distinguished Professor and Director of the Center for Health Law, Ethics & Human Rights at the Boston University School of Public Health, School of Medicine, and School of Law.

Matthew K. Wynia is an American physician and bioethicist who has been the director of the Center for Bioethics and Humanities at the University of Colorado's Anschutz Medical Campus since 2015. He also oversees an art gallery and forum there. He previously directed the American Medical Association's Institute on Ethics for 15 years. He also previously served as an assistant professor of medicine at the University of Chicago, as the president of the American Society for Bioethics and Humanities, and as the director of patient and physician engagement at the American Medical Association in Chicago.

<span class="mw-page-title-main">Ezekiel Emanuel</span> American oncologist and bioethicist

Ezekiel Jonathan "Zeke" Emanuel is an American oncologist and bioethicist. He is a senior fellow at the Center for American Progress. He is the current Vice Provost for Global Initiatives at the University of Pennsylvania and chair of the Department of Medical Ethics and Health Policy. Previously, Emanuel served as the Diane and Robert Levy University Professor at Penn. He holds a joint appointment at the University of Pennsylvania School of Medicine and the Wharton School and was formerly an associate professor at the Harvard Medical School until 1998 when he joined the National Institutes of Health.

Therapeutic misconception is a common ethical problem encountered in human subjects research. It was originally described in 1982 by Paul Appelbaum and colleagues. The idea was introduced to the bioethics community in 1987. The formulation given by Appelbaum et al. in 1987 was the following: “To maintain a therapeutic misconception is to deny the possibility that there may be major disadvantages to participating in clinical research that stem from the nature of the research process itself.”

Paul Stuart Appelbaum is an American psychiatrist and a leading expert on legal and ethical issues in medicine and psychiatry.

Michael Alan Grodin is Professor of Health Law, Bioethics, and Human Rights at the Boston University School of Public Health, where he has received the distinguished Faculty Career Award for Research and Scholarship, and 20 teaching awards, including the "Norman A. Scotch Award for Excellence in Teaching." He is also Professor of Family Medicine and Psychiatry at the Boston University School of Medicine. In addition, Dr. Grodin is the Director of the Project on Medicine and the Holocaust at the Elie Wiesel Center for Judaic Studies, and a member of the faculty of the Division of Religious and Theological Studies. He has been on the faculty at Boston University for 35 years. He completed his B.S. degree at the Massachusetts Institute of Technology, his M.D. degree from the Albert Einstein College of Medicine, and his postdoctoral and fellowship training at UCLA and Harvard University.

<span class="mw-page-title-main">Medical law</span> Area of law dealing with the practice of medicine

Medical law is the branch of law which concerns the prerogatives and responsibilities of medical professionals and the rights of the patient. It should not be confused with medical jurisprudence, which is a branch of medicine, rather than a branch of law.

David John Doukas, is an American family physician and bioethicist. He holds the James A. Knight Chair of Humanities and Ethics in Medicine, and directs the Program in Medical Ethics and Human Values at Tulane University's School of Medicine. Prof. Doukas is also the Executive Director of the Master of Science in Bioethics and Medical Humanities at Tulane University. Additionally, Dr. Doukas serves as the Health Care Chief Ethics Consultant at the Southeast Louisiana Veterans Health Care System in New Orleans as well as the VISN16 Clinical Ethics Liaison. Professor Doukas was Founding President of the Academy for Professionalism in Health Care, for which he was awarded the first Presidential Award at the Academy for Professionalism in Health Care Annual Meeting in June 2023, for his efforts as Founder and President of APHC for seven years (2012–2019). In a 2023 analysis of the top 100 cited articles in ethics education, Prof. Doukas was "recognized as one of the most influential authors in the field of ethics education, with five articles in the top 10 list attributed to his name that have amassed a total of 296 citations."

Ellen Wright Clayton is an American academic specialzing in law and medicine. She is the Rosalind E. Franklin Professor of Genetics at Vanderbilt University and chairwoman of the Institute of Medicine Board at the Population Health and Public Health Practice. She was the 2013 recipient of the David Rall Medal.

<span class="mw-page-title-main">Francoise Baylis</span> Canadian bioethicist

Françoise Elvina BaylisFISC is a Canadian bioethicist whose work is at the intersection of applied ethics, health policy, and practice. The focus of her research is on issues of women's health and assisted reproductive technologies, but her research and publication record also extend to such topics as research involving humans, gene editing, novel genetic technologies, public health, the role of bioethics consultants, and neuroethics. Baylis' interest in the impact of bioethics on health and public policy as well as her commitment to citizen engagement]and participatory democracy sees her engage with print, radio, television, and other online publications.

Vanessa Northington Gamble is a physician who chaired the Tuskegee Syphilis Study Legacy Committee in 1996.

<span class="mw-page-title-main">Christine Mitchell</span> American filmmaker and bioethicist

Christine I. Mitchell is an American filmmaker and bioethicist and until her retirement in September 2022, the executive director of the Center for Bioethics at Harvard Medical School (HMS).

<span class="mw-page-title-main">Vardit Ravitsky</span> Bioethicist, researcher, and author

Vardit Ravitsky Israeli-Canadian is a bioethicist, researcher, and author. She is president and CEO of The Hastings Center, a full professor at the University of Montreal, and a senior lecturer on Global Health and Social Medicine at Harvard Medical School. She is immediate-past president and current vice-president of the International Association of Bioethics, and the director of Ethics and Health at the Center for Research on Ethics. She is a Fellow of the Pierre Elliott Trudeau Foundation, where she chaired the COVID-19 Impact Committee. She is also Fellow of The Hastings Center and of the Canadian Academy of Health Sciences.

Lynley Carol Anderson is a New Zealand academic, and is a full professor at the University of Otago, specialising in bioethics in health care education and sports and sports healthcare provision.

References

  1. 1 2 3 4 5 6 7 8 9 10 "Jessica Berg". School of Law | Case Western Reserve University. 2019-04-19. Retrieved 2021-11-02.
  2. ↑ "Jessica W. Berg - Dean of the School of Law at Case Western Reserve University". THE ORG. Retrieved 2021-11-02.
  3. ↑ "Jessica Berg". The Conversation. Retrieved 2021-11-04.
  4. ↑ Berg, Jessica W.; Appelbaum, Paul S. (2001). Informed consent : legal theory and clinical practice. Oxford: Oxford University Press. ISBN   978-0-19-974778-8. OCLC   253007374.
  5. ↑ "Law and bioethics' Jessica Berg presents, publishes on public health, surrogacy and more". The Daily. 2012-06-15. Retrieved 2021-11-05.
  6. ↑ "Pitt's Nordenberg Lecture in Law, Medicine, and Psychiatry Oct. 6 | Pitt Chronicle | University of Pittsburgh". www.chronicle.pitt.edu. Retrieved 2021-11-04.
  7. ↑ "U.S. scientists are fixing genetic defects in human embryos. Should you be nervous?". PBS NewsHour. 2017-08-02. Retrieved 2021-11-04.
  8. ↑ "Editing Human Embryos With CRISPR Is Moving Ahead—Now's the Time to Consider Ethics". Observer. 2017-08-02. Retrieved 2021-11-02.
  9. ↑ Wagner, Dennis. "The COVID culture war: At what point should personal freedom yield to the common good?". USA Today. Retrieved 2021-11-02.
  10. ↑ Bianco, Julia. "Law School's former interim deans named as co-deans". The Observer. Retrieved 2021-11-05.
  11. ↑ Ozar, D; Berg, J; Werhane, PH; Emanuel, L (2000). "Organizational Ethics in Health Care: Toward a Model for Ethical Decision Making by Provider Organizations". pdfslide.net. American Medical Association.
  12. ↑ Wynia, Matthew K.; Latham, Stephen R.; Kao, Audiey C.; Berg, Jessica W.; Emanuel, Linda L. (1999-11-18). "Medical Professionalism in Society". New England Journal of Medicine. 341 (21): 1612–1616. doi:10.1056/NEJM199911183412112. ISSN   0028-4793. PMID   10577119.
  13. ↑ "Case Law School receives $773,000 NIH grant to develop guidelines for genetic enhancement research". EurekAlert!. Retrieved 2021-11-04.
  14. ↑ Wynia, M. K.; Latham, S. R.; Kao, A. C.; Berg, J. W.; Emanuel, L. L. (1999-11-18). "Medical professionalism in society". The New England Journal of Medicine. 341 (21): 1612–1616. doi:10.1056/NEJM199911183412112. ISSN   0028-4793. PMID   10577119.
  15. ↑ Berg, J. W.; Appelbaum, P. S.; Grisso, T. (1996). "Constructing competence: formulating standards of legal competence to make medical decisions". Rutgers Law Review. 48 (2): 345–371. ISSN   0036-0465. PMID   16086484.
  16. ↑ Doukas, D. J.; Berg, J. W. (2001). "The family covenant and genetic testing". The American Journal of Bioethics: AJOB. 1 (3): 3–10. doi:10.1162/152651601750417784. ISSN   1526-5161. PMID   11954587. S2CID   25185076.
  17. ↑ Petrila, John (2002-04-01). "Informed Consent: Legal Theory and Clinical Practice, second edition". Psychiatric Services. 53 (4): 492. doi:10.1176/appi.ps.53.4.492. ISSN   1075-2730.
  18. ↑ Hill, B. Jessie (2019). "On Petition for a Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit" (PDF). supremecourt.gov.
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