D. ETHICS OF TRANSPLANTATION Flashcards
what is the 4 stage decision making model
- gather relevant information
- Criminal Law
- Administrative Law
- Professional Law
- Civil Law
- Professional/clinical knowledge
- Situational information (patient)
- Ethical frameworks
- Availability of help - prioritise and ascribe values
- generate options
- select option and action
what type of principles are the 4 bioethical principles
prima facie
what is autonomy
- right of a patient to make decisions about themselves
- capacity to think and decide and to act on the basis of such thought and decision
- need informed consent
- patients have rights to disagree with a health professionals advice
- person’s autonomy can be restricted by certain circumstances
what are the restrictions of autonomy
- To prevent people from harming others (harm principle)
- To prevent that person from harming themselves (soft paternalism)
- To benefit that person (hard paternalism)
- To benefit others (social welfare principle)
Note: paternalism overrides the principle of respect for autonomy, soft paternalism is overriding an incompetent person’s wishes; hard overriding a competent person’s wishes
what is beneficence
- duty to promote the health and welfare of the patient, not merely to avoid harm
- act in best interest of patient
- may conflict with autonomy
- patient interest isn’t always 1st principle here
what is non-maleficence
- duty not to harm anyone
- expresses the commitment to the protection of patients from harm
- affirms the requirement of competence and the standard duty of care
what issues concern the principle of non-maleficence
- withdrawing or withholding life sustaining treatment
- treatment of terminally ill patients
- provision of futile treatment (NICE requires professionals to stop prescribing medicines of dubious efficacy)
- what about surgery
- what about potential adverse drug events
what is justice
- moral obligation to act on the basis of fair adjudication between competing interests
- equality/equity
- important to treat equals equally
- important to treat unequals unequally in proportion to the morally relevant inequalities
- requires that morally defensible differences among people be used to decide who gets what
what is the difference between equality and equity
- Equality: each individual or group of people is given the same resources or opportunities
- Equity recognizes that each person has different circumstances and allocates the exact resources and opportunities needed to reach the same outcome
what are the 3 types of justice
- distributive justice (fair distribution of scarce resources)
- rights-based justice (respects for peoples rights)
- legal justice (respect for morally acceptable laws)
4 types of basis’ for distributive justice
- Needs Based – distribution to those that need it most
- Maximisation based – distribution to maximise outcomes
- Egalitarian based – distribution based on equality
- Merit-based – distribution based on merit
example of rights-based justice
- if a patient has the right to be excused work because they are unfit to work, then doctor ought to provide medical certificate, but if fit to work, then that right does not exist
- more and more merging into legal justice with incorporation in legislation (e.g. ECHR)
example of legal justice
- provision of healthcare for foreign visitors
- NHS act allows for emergency treatment only - at taxpayers expense
what is utilitarianism
- consequentialism: the view that morality is all about producing the right kinds of overall consequences
- principle of utility = degree to which an action “produces good”/ “avoids evil”
- actions should be judged on “happiness” conferred
- originally “all forms of happiness are equivalent”, now accepted there will/must be variations
- very commonly used argument for decision making at population level
can you discriminate on the basis of age according to equality act
No