Ethics Flashcards
Ethics vs law
- Ethics are moral codes and rules of behaviour for individuals, developed through an individual’s sense of right and wrong. They do not carry any punishment.
- Law is developed by the government to maintain social order and resolves disputes. They are in place to protect people and violations have punishments.
Natural justice
Applies to all courts and tribunals to ensure that the proceedings against a person are fair, impartial and without bias.
Common law
Judges decisions in cases that come before the court and creates a precedent that can be used to resolve disputes about the Law
Legislation
Passed by parliament as Acts or statutes and take priority over other sources of Law
Criminal Law
- Is initiated by the State (police or public prosecutor) against a person who has committed a crime.
- Standard of ‘beyond reasonable doubt’
- The aim is to punish the wrongdoer.
Civil law
- Involves one person bringing an action against another person (eg. a patient suing a health professional for negligent care.
- The standard of proof is on the ‘balance of probabilities’
- The aim is to compensate the person for a wrong that was done to them.
The adversarial system
Disputes are resolved in a court, both parties in the dispute present their case as to why they should win and the judge or judge and jury, declare the outcome.
The inquisitorial system
The court is not limited to the evidence presented by it, and can seek out information as part of reaching a decision. In Australia, the Coroners Court uses this system.
Doctrine of precedent
Courts are bound to consider or follow decisions that have been made by judges previously so that like cases are treated alike.
Autonomy
The right of a person to have an opinion, make choices and take actions based on their personal values and beliefs, provided that their decisions do not violate or impinge upon the moral interests of others.
Non-maleficence
Above all, do no harm.
Avoid unnecessary and unreasonable harm in the process of treatment and management.
Beneficence
Above all, do good.
Provide appropriate intervention to ensure that greater benefit is produced than harm.
Justice
Fair and equitable distribution of benefit and burdens.
Bioethics
Bioethics concerns the ethical issues that arise in practice, involving decision-making, conduct and policy. Its focus is on the rights and duties of patient, healthcare professional and researchers, and the formulation of public policy guidelines for clinical care and research.
ICN Code of Ethics fundamental responsibilities:
- Promote health
- Prevent illness
- Restore health
- Alleviate suffering
Examples of moral virtues:
- Accountability
- Integrity
- Caring
- Compassion
- Dignity
- Empathy
- Commitment
What are the types of moral rights?
- Inalienable rights: cannot be transferred, surrendered, sold to someone else. Are considered to be natural rights (eg. life, liberty)
- Absolute rights: cannot be overridden under any circumstances (eg. right to life - cannot take life under any circumstances)
- Prima-facie rights: one which can be overridden by a stronger moral claim (eg. right to confidentiality)
Elements to consider in moral decision making:
- Self-knowledge: our feelings, motives, interests work to either enlighten or obscure moral understanding
- Knowledge of theories: we need to have some knowledge about ethical theories
- Cultural perception: considers our own culture, other cultures and how we see these.
DECIDE model to guide moral decision making:
- assess the situation
- diagnose or identify the moral problem
- set moral goals
- implement the moral course of action
- evaluate the moral outcomes
Moral distress occurs when:
A person knows the morally right thing to do, but is stopped by institutional constraints.
