Analysis a case legally and ethically

Question 1

What are the 4 pillars of clinical ethics?

Answer 1

• Non maleficence - Actions must not be taken knowing they could negatively impact a patient
• Beneficence - Actions should be in best interest of patients
• Autonomy - Respecting a patient’s choice providing they have the capacity to process information about a treatment shared with them, and therefore make a decision about their healthcare. If patients are deemed to not have capacity, they can have a proxy who does have capacity, and can therefore make heathcare decisions for them
• Justice - Distributive justice refers to all patients having access to equal, proper medical resources. Justice can also refer to the law

Question 2

What are the constituents of the 4 quadrants approach to clinical cases?

Answer 2

• Medical indications
• Patient preferences
• Contextual features
• Quality of life

Question 3

What is virtue ethics?

Answer 3

An action is right if it is what a virtuous agent would characteristically do in the circumstances.

Question 4

What is consequentialism?

Answer 4

Focuses on consequences of actions (An action is right if it promotes the best consequences.

Question 5

What is deontology?

Answer 5

Focuses on nature of actions and moral motivations, and can include rights and justice. (An action is right if it is in accordance with a correct moral rule or principle.)

Question 6

What can be considered when deciding how to respond to an ethical dilemma?

Answer 6

What reasons could a consequentialist give for telling the truth?

What reasons could a consequentialist give against telling the truth?

What reasons could a virtue ethicist give for telling the truth?

What reasons could a virtue ethicist give against telling the truth?

What reasons could a Kantian (deontology) give against telling the truth?

What reasons could a Kantian (deontology) give for telling the truth?

Question 7

What is civil law?

Answer 7

Dealings between private individuals or groups, rights and duties owed by individuals and groups to each other, legal action is taken by claimants

Question 8

Compare statute and common law

Answer 8

• Statute- Written law decided by the legislature or other government agency (e.g. Acts of parliament), relatively difficult to change, created by legislature of government.
• Common- Based on precedent or case, relatively more malleable, created by decisions made by judges

Question 9

What are the 4 main functions of the GMC according to the Medical Act 1983?

Answer 9

• Keeping up-to-date registers of qualified doctors
• Fostering good medical practice
• Promoting high standards of medical education and training
• Dealing firmly and fairly with doctors whose fitness to practice is in doubt