Ethical Philosophies, and Case Analysis

Question 1

What are the 3 main types of Ethical styles?

Answer 1

1. Virtue ethics

• Focus on characters/actors and the virtue of actions
• Question? What does it mean to be a good professional
• Quote: “An action is right if it is what a virtuous agent would characteristically do in the circumstances”

2. Consequentialism

• Focus on the consequences of the actions - Utilitarianism is a prominent type of consequentialism
• Question? Which action will lead to the best consequences en masse?
• Quote “An action is right if it promotes the best consequences”

3. Deontology (includes rights/justice)

• Focus should be on obligations and duties
• Principles, rules and reasons should be viewed through a rights/justice lens – need to look at intention and motivation for action
• Example - “An action is right if it is accordance with a correct moral rule or principle”

Question 2

How does Pluralism fit into the previous card’s context?

Answer 2

As a combination of all three different elements

Question 3

What are the four main approaches to analysing a clinical case?

Answer 3

1. Four Pillars
2. Paradigm Case
3. Structural Case Analysis
4. Ethical Grid (Seedhouse)

Question 4

What are the four pillars of medical ethics and what do they signify?

Answer 4

• Non-maleficence – avoiding harm, risk of harm
• Beneficence – providing medical benefit, as well as best interest of patient
• Autonomy – consent/respecting patient choice/providing info’ and empowering patients to make decision
• Justice – equal distribution

Question 5

What is “The Paradigm Case” argument?

Answer 5

The PC Argument is a form of argument against philosophical skepticism found in contemporary analytic philosophy.

It counters doubt about whether any of some class of things exists by attempting to point out paradigm cases, clear and indisputable instances.

Question 6

What is the framework for structural analysis of a case?

Answer 6

1. State the moral dilemma(s)
2. State the assumptions being made or to be made
3. Analyse the case with reference to:

• Ethical principles
• Consequences
• The Virtuous healthcare practitioner
• The law

4. Identify justifiable ethical solutions and those that are not justifiable
5. State preferred approach with explanation

Question 7

What are the facets that make up the ‘process’ of ethical analysis? And why do they make the process itself just as important as the outcome?

Answer 7

• Listening
• Asking questions
• Critical reflection
• Thinking the opposite
• Using intuition and emotion
• Being alert to logic

Question 8

Give an overarching definition of ‘The Law’

Answer 8

• “The principles and regulations established in a community by some authority and applicable to its people”
• Whether in the form of legislation or customs or policies
• …which are recognised and enforced by judicial decision”

Question 9

Outline the three main differences between Civil and Criminal Law

Answer 9

Criminal

• Matters serious enough to be considered offences against the whole community
• Rights, duties and norm important for the whole community
• Legal action taken by Crown Prosecution Service

Civil

• Dealing between private individuals or groups
• Right and duties owed by individuals and groups to each other
• Legal action taken by claimants

Question 10

Outline the three main differences between Statute and Common Law

Answer 10

Statute

• Written law decided by the legislature or other government agency
• 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 11

What are the four main roles of the GMC?

Answer 11

1. Keep up to date registers of qualified doctors
2. Fostering good medical practice
3. Promoting high standards of medical education and training
4. Dealing firmly and fairly with doctors whose fitness to practice