Ethics Flashcards
what is autonomy according to Kant
to be rational without any place for desire
what is autonomy according to Mill
to direct actions in accordance with desire, values and inclinations
what is autonomy according to plato
autonomy is based on reason which is of the highest virtue above desire and courange
what is autonomy according to Aristotle
divides humans in the rational and irrational parts with a true human said to be rational
autonomy + rationality =
justification of human rights
what are two ways in which autonomy is protected in research and clinical care
informed consent
privacy and confidentiality
what does informed concept do
protects the right to decide for oneself
maintains the right to decide what happens to ones body and data
what does informed confidentiality do
maintains the right to decide what happens to information about oneself
what does section 12 (2) C of the constitution,1996 state
everyone has the right to bodily and psychological integrity which includes the right not to be a subject to medical or scientific experiments without their informed concept
what does section 71 (1) of the national health act state
research or experimentation on a living person may only be conducted in the prescribed manner and with a written consent of the person
what does section 7 of the national health act state
a health service may not be provided to a user without the users consent, unless failure to treat might result to a public health risk
consent in case law
consenting party must have:
1. knowledge and been aware of the nature and extent of risk or harm
2. appreciated and understand the nature and extent of harm or risk
3. consented to harm or associated risk
4. consent needs to be comprehensive - inclusive of consequences
name three pillars of informed consent
Capacity
comprehension
voluntariness
informed consent =
agreement or permission to do something from someone who has been given full information about the possible effects or results
capacity of consent
can the patient:
understand the relevant information
appreciate the consequences of the situation
reason about decision
communicate their wishes
verfbal IQ and cognitive function is more important than age
consent needs to be informed, sufficient or adequate information is not = to full information
what information needs to be provided in informed consent
information about diagnosis
the nature and purpose of interventions
the burden, risk and expected benefits of all options including forgoing treatment
what is the key part of informed consent
Comprehension
what is the role of language in informed consent
plays a huge role in comprehension
language used to communicate needs to be understood well by both parties
what factors affect voluntariness
forcefulness of health professionals
SES, gender and age
culture
limited choices
when not to seek consent
- emergency
- where intervention is necessary to prevent harm
- where there is a court order
what is the age of concept
12 years for clinical treatment
18 years for research
which national health act can trump consent
section 7
what is privacy
it is the key to protection of autonomy
rights to freedom from intrusion and control over the exposure of self or personal information
what is confidentiality
privacy in action
- relates to handling of information entrusted to someone
* use of disclosed information under appropriate control
- sharing needs to be in line with the purpose for which was collected
maintaining confidentiality promotes trust
