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Ethics

Ethics. And a little bit about law. Ethics isn’t a woolly subject …. You need principles, and you need to think clearly. Principles. Beneficence Non maleficence Respect for autonomy Justice. Moral theories. Virtue (Aristotle) Duty (Kant) Utility (Bentham, Mill) Rights (20th century).

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Ethics

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  1. Ethics And a little bit about law

  2. Ethics isn’t a woolly subject …

  3. You need principles, and you need to think clearly

  4. Principles • Beneficence • Non maleficence • Respect for autonomy • Justice

  5. Moral theories • Virtue (Aristotle) • Duty (Kant) • Utility (Bentham, Mill) • Rights (20th century)

  6. Professional duties Confidentiality Consent Reproductive issues End of life issues Mental health Children Screening Rationing (resource allocation) Genetics Areas raising ethical considerations

  7. Legal aspects of consent • Form of consent (implied or explicit) • Treatment without consent could lead to charge or battery (criminal or civil law) or negligence (civil law) • How much information should we give? • Who can give legally valid consent? • Who has capacity to consent?

  8. Confidentiality • All personal info given to a health professional must be treated confidentially except in particular circumstances • This includes friends and relatives • Duty of confidentiality continues after death • Most breaches of confidentiality are inadvertent

  9. Exceptions to confidentiality • Patient’s consent • Need to know • Statutory duty (eg DVLC) • Instruction from Judge (in Court or via a warrant under Police and Criminal Evidence Act • Wider public interest • Child Protection

  10. Access to information • Data Protection Act 1984 (computer records) • Access to Health Records Act 1991(manual records) • Access to Medical Records Act 1988 (medical reports) • Data Protection Act 2000 (access to all records) • Safeguards against having to disclose harmful or third party information

  11. Other important legal areas • Mental Health Act • Reproductive Issues • End of Life Issues • Human Rights Act

  12. Reading • Ethics in General Practice - a practical handbook for personal development - Anne Orme-Smith and John Spicer. Radcliffe Medical Press 2001 • Uzma’s confidentiality document • More scenarios on VTS website

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