Ethics at the Beginning of Life Flashcards
What is abortion ?
Cessation of pregnancy
What are other terms for medical abortions ?
Therapeutic Abortion / Termination of Pregnancy (TOP))
What are the three practical elements that contribute to medical ethics ?
- Ethical Issues
- Legal Framework
- Professional Responsibility
What are the aims of medical ethics ?
• protects our patients from us
• protects us from our patients
because this is a human relationship that has an inbuilt imbalance of power
What are the main ethical issues involved in abortions ?
Foetal Autonomy vs Maternal Autonomy: We must first determine whether the foetus is part of the woman. Is foetus seperate from the woman, high feotal autonomy and low maternal choice
If foetus part of woman, low feotal autonomy but high maternal choice. To complicate things further, foetus may be part of woman early on but not so much so anymore later on at gestational age.
Legally, when does implantation take place ?
At conception
Define gestational age.
Age starting from the first day of last period (includes a part where woman was not pregnant).
What may conception be defined as ?
Either implantation or fertilisation.
Define fertilisation.
When sperm meets egg
Define implantation.
When fertilised egg implants on endometrial surface
May we use differentiation to guide our decision on abortion ?
No because it is a very progressive process, there is no one point where we can say differentiation has taken place, no abortion after that
May we use brain and heart activity to guide our decision on abortion ?
No because there are many important stages to that (no one point where we can say there is brain and heart activity, no abortion after that)
Define quickening.
Traditional way of diagnosing pregnancy
= perceive foetal movements in the uterus
Define viability.
Viability of foetus to survive outside of uterus
What are the main legal issues surrounding abortion ?
- Legal status of mother: issues of capacity, consent (age of consent to any sexual activity is 16yr), confidentiality
- Legal status of foetus
- Legal status of partner: (no situation where partner can have ruling over the woman’s right to dictate
what goes on over her own body)
What is case law ? Why is it important ?
Set of past rulings by tribunals that meet their respective jurisdictions’ rules to be cited as precedent.
Important because no leglislation telling us what foetus is, what foetus can do etc. Instead, we use past rulings.
What legal issues does the “St George’s Healthcare NHS Trust vs S” case involve ?
Describe the St George’s Healthcare NHS Trust vs S case
Legal status of foetus
• S was 35 wks pregnant. Doctors advised a Caesarean section because they believed that not to do so would result in the death of either S and/or the foetus . They considered that she was legally competent to consent.
• She refused to give consent; the doctors invoked the Mental Health Act and sought permission to perform the operation from the Courts and obtained it.
• Afterwards S appealed the decision and won: the RIGHT TO REFUSE TREATMENT (WITHHOLD CONSENT WHEN COMPETENT) IS ABSOLUTE IRRESPECTIVE OF PREGNANCY
I.e. The Mental Health Act does not apply to physical conditions
How are professional responsibility of doctors wrt abortion dictated ?
By GMC and Abortion Act 1967.
What are the professional responsibility of doctors with regards to abortion ? State specific rules where relevant.
- Competence and Conduct (Capacity, Consent, Confidentiality)
- Obligations and Options:
- Obliged to put patient first
- For one doctor to perform a medical abortion and for two doctors to check that at least one of the following applies, for an abortion to be carried out (not exceeded 24 weeks + risk to herself or her existing children OR to prevent injury OR to prevent potential death, OR due to probable serious handicap of newborn) (Section 1 of Abortion Act 1967)
- Option to not participate in any treatment authorised by this Act, to which he has a conscientious objection. (GMC, Personal Beliefs and Medical Practice, Article 52 + Section 4 of Abortion Act 1967)
- Must not refuse to provide treatment necessary to save the life of, or prevent serious deterioration in the health of, a person because the treatment conflicts with your personal beliefs (GMC, Personal Beliefs and Medical Practice, Article 13 + Section 4 of Abortion Act 1967)
- Option to negotiate with employing body for any cases where require doctors to fulfil contractual requirements that may restrict doctors’ freedom to work in accordance with their conscience, besides in the cases of consciousness objections (where doctors can just refuse, because that’s protected by Abortion Act) (GMC, Personal Beliefs and Medical Practice)
How many recognised pregnancies does spontaneous abortion (miscarriage) occur in ?
12-24%