Ethics and Law Flashcards
What are the medical requirements to certify a death?
- no response to verbal/painful stimuli
- no palpable carotid pulse
- no heart sounds (2 mins)
- no breath sounds (2 mins)
- pupils fixed and dilated
In what situations should deaths be referred to the coroner?
- unknown cause of death
- not seen by doctor during last illness/within last 14 days
- during or within 12m of pregnancy
- death in custody
- death whilst detained under MHA
- other causes: suicide, trauma, industrial disease, medical/surgical Rx, abortion, anaesthetic care, lack of medical care, murder, self-neglect
What is outlined in the Human Tissue Act (2004)?
Consent, performance of autopsies (e.g. license for post-mortem), storage of retained material and collection and retention of material taken from living.
Dead bodies - everything is consent.
Which of the following is not a valid cause of death on a death certificate?
a) Cardiorespiratory failure due to ischaemic heart disease
b) Old age
c) Natural causes
d) Meningococcal septicaemia
e) Intraperitoneal haemorrhage due to ruptured metastatic disease
c) Natural causes
Needs to be qualified by I(b) entry. Same as if the cause was just ‘respiratory failure’ as not qualified. Old age usually not used in hospital setting but OK in home/GP setting.
What is the libertarian approach to health inequalities?
That the primary moral value is of individual liberty and there is no moral duty to help others. Therefore global health inequalities are not considered to be an ethical concern.
‘Any form of redistribution is unjust and equivalent to theft’
What is the utilitarian approach to health inequalities?
‘The morally right thing to do is that which brings about the maximum happiness or well being overall’.
Therefore we should take actions with the aim of saving as many lives as possible or to reduce the most suffering. We are as morally responsible for our omissions as we are for our actions. The morally right thing to do would be to divert all resources beyond basic needs to those who still suffer due to health inequalities.
How does the concept of justice apply to health inequalities?
Justice - idea that all human lives are equal.
Therefore, does justice require that we ensure all individuals have an equal chance to flourish? If so, then decent health and access to healthcare, as fundamental parts of a person’s ability to pursue lives of value, is a matter of justice.
What is a moral right?
A moral obligation imposed on individuals in order to ensure that moral claims are upheld. You do not need to be aware of your moral right in order to possess it.
What are the details of article 2 of the Human Rights Act (right to life)?
Everyone’s life shall be protected by law. This is absolute in reference to intentional killing, but there is no obligation to provide people with life-saving treatment or to continue treatment that is futile.
This right does not extend to a fetus.
Outline article 3 of the Human Rights Act (torture).
No torture, no inhuman or degrading treatment/punishment.
Non-consensual treatment (without consent/capacity) may constitute a degrading treatment if not therapeutically necessary.
Excessive restraint may fall under article 3.
Failure to stop an individual’s suffering only falls under article 3 if the suffering is inhuman or due to the State.
Outline article 5 of the Human Rights Act (right to liberty).
Not absolute, but needs to be able to be challenged e.g. if detained under MHA can appeal, use of ‘deprivation of liberty’ safeguards
Outline article 8 of the Human Rights Act (right to private and family life).
Not absolute - reinforced in regards to right to confidentiality. Also protects the right to refuse life-saving medical treatment.
What is contained in the 1961 Suicide Act?
‘Acts capable or intended to encourage or assist suicide or attempted suicide are unlawful’
What is contained in the Universal Declaration of Human Rights 1948, article 25?
‘Everyone has the right to a standard of living adequate for the health and well being of himself and of his family, including food, clothing, housing and medical care and necessary social services’
