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Ethics. Ethical Principles. What are the 4 key principles of medical ethics?. Ethical Principles. Respect for patient autonomy Beneficence Non -maleficence Justice What is respect for patient autonomy?. Respect for patient autonomy.
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Ethical Principles What are the 4 key principles of medical ethics?
Ethical Principles • Respect for patient autonomy • Beneficence • Non-maleficence • Justice What is respect for patient autonomy?
Respect for patient autonomy Giving competent patients control over what happens to their body. Autonomy = self-rule What is beneficence?
Beneficence Doing good to patients. But who decides…? Related to utilitarianism... Beneficence and respect for autonomy can be in conflict. What is non-maleficence?
Non-maleficence Doctors have a duty to do no harm (from the Hippocratic Oath). • Doctrine of double effect What is justice?
Justice Treating people fairly: fair access to treatments and fair allocation ofscarce medical resources… Four components: • Distributive • Respect for the law • Rights • Retributive
Ethical theories What are the 3 main ethical theories?
Ethical theories • Deontology • Utilitarianism • Virtue ethics What is deontology?
Deontology This is duty-based ethics. Some kinds of action are wrong or right in themselves, regardless of the consequences. What is utilitarianism?
Utilitarianism A form of consequentialism: “the morally right action is the one with the best overall consequences”. Greatest good for the greatest number (Bentham 1776). What is virtue ethics?
Virtue Ethics This is character-based ethics. A ‘right’ act is the action a virtuous person would do in a situation.
Consequence Consequentialism Action Virtue ethics Deontology
Ethical theories • Virtue ethics: looks at the person • Deontology: looks at the act • Utilitarianism: looks at the consequences (‘greatest good for greatest number’)
Confidentiality Why does it matter?
Confidentiality Confidentiality is pivotal to the doctor-patient relationship. It must be maintained in almost all situations. When should doctors break confidentiality?
Breaking Confidentiality Doctors have to break confidentiality in the cases of: • Notifiable diseases (e.g. smallpox) • Court order • Public safety (e.g. HIV patients refusing to tell their partner, or warning the DVLA about an unsafe driver who refuses to stop driving)
Competence Competence = Capacity Competence is decision-specific. What does a person have to be able to do to be ‘competent’?
Competence • Understand the information • Retain it long enough to… • Weigh it up • Communicate their decision to the doctor Competence is presumed from what age?
Competence Competence is presumed from 16 years of age. What happens for under 16s?
Gillick Competence A child (under 16 years old) is presumed to lack capacity to consent to treatment. However, a child who is deemed to have capacity (Gillick competent) can give consent.
Valid Consent What’s needed for valid consent?
Valid Consent • Competence (right mind) • Non-coercion (right person) • Information (right understanding)
Information • Use layman’s terms • Carefully explain the patient’s options, associated risks/complications… • Allow time for questions • Ask your patient to explain the situation to you in their own words.
Informed Consent Doctors need to get informed consent to carry out ANY medical intervention (take bloods, chest exam, surgery…). No consent = crime (battery) Can patients refuse life-saving treatment?
Refusal of life-saving treatment Yes, providing the patient is competent and not pushed into the decision (non-coercion). This is ‘respect for patient autonomy’ in action.
Incidental Finding Whilst operating on a patient’s colon, the surgeon finds a severely inflamed appendix. She estimates the patient has only hours before the appendix ruptures. What should the surgeon do?
Incidental Finding The surgeon needs consent. Wake patient up, obtain consent. Anaesthetiseand operate. …but was the patient really competent?... NB: This is a real case from years ago, we have moved on from these times…
Patient’s Best Interests • Past and present wishes and feelings (including any written statements) • Beliefs and values • Other things the patient might consider, if possible (e.g. altruism) Consult family/partner to find out the above.
Negligence When is a doctor deemed to be negligent?
Negligence A doctor is negligent if there’s a breach in duty of care AND harm is done. How is negligence assessed?
Bolam Test A doctor is not negligent if other doctors would have done the same thing (“the court is satisfied that there is a responsible body of medical opinion that would consider that the doctor had acted properly”).
Abortion What do you know about abortion?
Abortion • Abortion Act (1974, 1990) • 24 week limit • 2 doctors needed • Conscientious objection… …pass on. • ‘risk’ to physical or mental health of the pregnant woman or any existing children of her family • ‘risk’ that the child were born with serious physical and mental abnormalities
Key stages in pregnancy • Fertilisation • Implantation • Organogenesis • Viability • Birth Personhood and gradualist approach
Abortion • Religion: sanctity of life • Philosophy: dignity of life, personhood • Economics: ‘quality of life’, cost Autonomy (of woman) vs. non-maleficence (killing of foetus).
Euthanasia What do you know about euthanasia?
Euthanasia • Voluntary vs. involuntary vs. non-voluntary • Active vs. passive Balance between non-maleficence, beneficence, and autonomy. • Doctrine of double effect • Slippery slope • An end-in-itself (we exist, so we have value)
Euthanasia Certain criteria have to be met in the Netherlands: • Unbearable suffering • Informed and voluntary request • Doctor and patient must be convinced there are no other solutions • Second medical opinion • End life using correct drugs
Assisted reproduction technologies • IVF ET (in vitro fertilization/embryo transfer) • ICSI (intracytoplasmic sperm injection) • PGD (preimplantation genetic diagnosis) • Is PGD eugenic?
Assisted reproduction technologies • donor/recipient relationship (anonymity, compensation, surrogacy, family relationships...) • reduction of embryos / foetuses • preservation of embryos and further use • confidentiality of genetic information
Neonates - Groningen Protocol Ending of life in severely ill newborn • Certainty on diagnosis and prognosis • Presence of ‘hopeless and unbearable’ suffering • Condition confirmed by at least one independent doctor • Both parents must give informed consent
Children • Consent and confidentiality • Role of doctor: advocate, diagnosis + treatment, support family, safeguard. • Role of parents/guardians, other healthcare staff and the courts • Child protection
Thought experiments • Run-away train • Change tracks • Fat man pushed off bridge • Rich nephew and food packets • The famous violinist