Medical Ethics Flashcards

1
Q

Morality

A

Our attitudes, behaviours and relations to one another

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2
Q

Consequentialism

A

The moral worth of an action is determined by its outcome

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3
Q

Two traditions of Ethics

A

DEONTOLOGY

UTILITARIANISM (a type of consequentialism)

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4
Q

DEONTOLOGY

A

Duties, “right” / “wrong” actions, absolute values

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5
Q

UTILITARIANISM

A

Look at benefits and harms to individuals but also society as a whole; look at the consequences.
The greatest good for the greatest number

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6
Q

What Comprises Ethics

A

Principles
Values
Honesty
Standards

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7
Q

Standards

A

Rules of behaviour that guide the decisions, procedures and conduct of individuals that respect the rights of all stakeholders affected by its operations

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8
Q

Principles

A

Respect for Autonomy

  • Promote the right to self determination
  • Confidentiality, informed consent, promote capacity

Non-maleficence, Beneficence

Justice
- Fairness/ equity
Non discrimination
Equal treatment for equal need
- Individual vs. population
Rationing (allow each person to have a fixed amount of commodity), Limits to autonomy
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9
Q

Fitness to Practise?

A

It is not just about competency
You have a specific duty to take appropriate action to protect patients, not just by your own actions but also to protect patients if you or others are unfit to practise

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10
Q

Duty of Candour – Applies to all Healthcare Registrants

A

This means that you must be open and honest with patients when something goes wrong with a patient’s treatment or care which causes, or has the potential to cause, harm or distress.

If you are unsure of the consequences immediately seek the advice of an appropriate senior colleague to peer review your view and subsequently tell the patient (or the patient’s advocate, carer or family) when something has gone wrong even if the patient is not aware or has not complained.

You must apologise to the patient and offer an appropriate remedy or support to put matters right (if possible) and explain fully the short and long term effects of what has happened.

This duty requires you to be open and honest with all parties as well as any relevant organisations such as your employer, practice principal or the Health Authority or Board; you must take part in reviews and investigations when requested.

You must raise concerns where appropriate if you believe a patient’s best interests have been compromised.

Encourage other colleagues to be open and honest;

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11
Q

Euthanasia

Physician-assisted Suicide

A

Ending the life of a person who is *terminally ill in a way that is either *painless or minimally painful for the *purpose of ending suffering of the individual by administration of a lethal substance with the direct assistance of a physician.

Providing a *competent patient with a prescription for medication for the patient to use with the primary intention of ending his or her own life.

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12
Q

NHS complaints procedure

A

All NHS Boards, Trust etc. follow a universal complaints procedure

If a complaint involves you a complaints officer will deal with it and you may well be interviewed to provide your response to the complaint.

If your employer thinks the disciplinary procedure needs to be followed

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13
Q

Dealing with complaints

Having strategies to reduce complaints

A

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14
Q

Understanding “Public Interest’

A

Patients have the right to compensation where they have been harmed by negligent treatment

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15
Q

Understanding the Patient Rights Act and the ramifications for the medical profession

A

Legislation throughout the UK which is explicitly related to how complaints are to be dealt with

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16
Q

How do you protect yourselves?

A

Join a Defence Organisation
Be aware of and follow the GMC’s Advice,
- “Good Medical Practice”

Be aware of the local complaints procedure / deal with complaints expeditiously (speed and efficiently)

Patients first and always try to act in their best interests
Do not be judgmental
Do not be afraid to refer or get a second opinion

Clinical Audit, Peer Review

Act responsibly, Do not break the law

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17
Q

Involuntary Treatment

A

Compulsory

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18
Q

GMC Confidentiality guidance on Serious Communicable Diseases 2017

A

You may disclose information to a person who has close contact with a patient who has a serious communicable disease if you have reason to think that:

1) The person is at risk of infection that is likely to result in serious harm
2) The patient has not informed them and cannot be persuaded to do so.

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19
Q

GMC Confidentiality guidance on Serious Communicable Diseases 2017

A

All partners should be tested for STD’s

You may disclose information to a person who has close contact with a patient who has a serious communicable disease if you have reason to think that:
The person is at risk of infection that is likely to result in serious harm
The patient has not informed them and cannot be persuaded to do so.

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20
Q

Dr with STD

A

His wellbeing ?
- Started on ART. Not in a conventional Rx group

His privacy

The wellbeing of his patients?

  • Patient list reviewed for known HIV infected patients.
  • Look-back exercise sometimes recommended

His future employment
- If treatment effective, he can resume work under new guidance.

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21
Q

Gene testing

A

Implications of result being positive/ negative

Insurances

Potential impact of testing on self, family and work

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22
Q

Prenatal diagnosis

A

First baby - 12 week viability scan reveals increased nuchal fold measurements on USS

Further pre natal testing discussed due to maternal age and increased nuchal fold measurements

Chorionic villus sampling > 11 weeks
- 50% risk of terminating a healthy fetus*
Amniocentesis > 15weeks

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23
Q

BRCA1 and BRCA2 known gene mutations

A

Significantly increase risk of developing breast and ovarian cancer

NHS funded testing available to those considered at high risk

Eligible for extra breast screening by mammography

Prophylactic surgery an option if found to be a carrier

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24
Q

Confidentiality

A

the state of keeping or being kept secret or private

Doctors are under both ethical and legal duties to protect patients’ personal information from improper disclosure.

But appropriate information sharing is an essential part of the provision of safe and effective care.

Patients may be put at risk if those who are providing their care do not have access to relevant, accurate and up-to-date information about them.

25
Q

GMC: Good Medical Practice Domains:

A

Knowledge, skills and performance
Safety and quality
Communication, partnership and teamwork
Maintaining trust

26
Q

Domain 4. Maintaining trust

A

Show respect for patients.
Treat patients as individuals and respect their dignity.
Treat patients politely and considerately.
Respect patients’ right to confidentiality.
Treat patients and colleagues fairly and without discrimination.
Act with honesty and integrity.
Never abuse your patients’ trust in you or the public’s trust in the profession.

27
Q

Who can Medical affairs be discussed with?

A

May only be discussed with appropriate authorities (e.g. next of kin, executor)

Only exception is Medical Certificate of Cause of Death

28
Q

General Data Protection Regulations defines personal data as:

A

‘any information relating to an identified or identifiable natural person (‘data subject’);

an identifiable natural person is one who can be identified, directly or indirectly,

in particular by reference to an identifier

such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person’

29
Q

Caldicott or data guardians

A

Senior people in the NHS, local authority social care services, and partner organisations, who are

responsible for protecting the confidentiality of patient information + enabling appropriate information sharing.

30
Q

Data protection officers

A

Have a statutory function under the General Data Protection Regulation to

monitor a data controller’s compliance with the GDPR.

31
Q

*Situations in which confidentiality can be breached….

A

With the patient’s consent
With other medical practitioners in the patient’s interest
In the doctors own defence

Statutory requirements – prevention, detection and prosecution of serious crime
When directed to by a court of law

Protection of other person / Child abuse
In the public interest
- terrorism, murder, culpable homicide, rape

32
Q

The data protection principles state that personal data must:

A

Be processed lawfully, fairly and in transparent manner

Be processed for specified, explicit and legitimate purposes and not in any manner incompatible with those purposes

Be adequate, relevant and limited to what is necessary in relation to the purposes

Be accurate and up to date

Must not be kept for longer than is necessary

Be secure

33
Q

The advice in this guidance for handling patient information is underpinned by the following eight principles.

A

Use the minimum necessary personal information
Manage and protect information
Be aware of your responsibilities
Comply with the law
Share relevant information for direct care
Ask for explicit consent
Tell patients
Support patients to access their information

34
Q

Civil law

A

Concerned with the rights and property of individual people or organisations

Settles disputes between individuals and organisations, and it often involves compensation being awarded.
No one is sent to prison in a civil case

eg. medical and clinical negligence

35
Q

Criminal law

A

Relates to offences and breaches that negatively affect society as a whole, rather than just one person

36
Q

*Medical Negligence

A

A lack of reasonable care and skill as a result of which the patient suffers

1) A legal duty to provide care and skill (a professional relationship, which in legal terms is a contract)

2) Reasonable Care and Skill - a mistake made by the practitioner must be an error which no competent doctor in that field would have made. eg. needle broke
or proper precautions not taken prior to procedure

3) Actual Damage must have occurred as a direct result of the lapse i.e. Causation
To prove causation the pursuer must show that, on the balance of probabilities, the alleged negligence caused the damage.

37
Q

Express contract

Implied contract

A

Signing Document documenting procedure and risk factors

Patient giving you consent verbally or by giving you hand for vaccination

38
Q

Gross negligence manslaughter

A

Accused breached duty of care with foreseeable serious risk of death ensuing and actions or contributions caused or significantly contributed to death of the victim

39
Q

If a relative has power of Attorney do they guide treatment?

A

It only kicks in when patient is incompetent (doesn’t have the capacity) of making a decision itself

40
Q

Capacity and how it can be affected

A

Can the patient understand the information being given to them and can they communicate it back?

An individual’s capacity to make particular decisions may fluctuate or be temporarily affected by factors such as pain, fear, confusion or the effects of medication/illicit drugs/alcohol.

41
Q

Collusion

A

Agreement between clinicians and family to hide serious illness from patient

42
Q

DNRF

A

Guidance for clinicians who dont know the patient

Not a legal document
- Decision record (patient and family)

If a patient is seriously unwell eg LC, End Stage Renal Failure, Frail and Very Old then its a clinical decision of the healthcare team

CPR is a medical intervention - Don’t offer Rx if it wont be effective. Only 1/5th of Cardiac Arrest resuscitation’s lead to discharge

43
Q

Treatment with assisted ventilation

A

Patient has right to refuse treatment

Withdrawing treatment is legal but if ethical values don’t allow physician to do so can as for referral.

44
Q

Vegetative State

Artificial Nutrition and Hydration through PEG

A

Think Capacity
Best Interest (Patient Documented Wishes?, Costs?)
Justice

45
Q

Clinical audit

A

Understand whether a service is meeting predetermined standards of best practice

  • Help to enforce good clinical practice
  • Produce internal recommendations for improvements

1) Identify problem/issue
2) Set Criteria & Standards
3) Observe practice/data collection
4) Compare performance with criteria & standards
5) Implementing Change

46
Q

Service evaluation

A

Define or measure current practice within a service

What standard does this service achieve?

47
Q

Healthcare Research

A

1ry aim is to derive generalisable new knowledge

Clearly defined questions, aims and objectives.

Has a protocol which contains a full description of the methodology used and will help the researchers ensure adherence to it.

Results of the research, or the theories gained from the research, should apply beyond the sample of the population upon which the research is based.

48
Q

Mental disorder

A

any mental illness,
personality disorder or
learning disability
however caused or manifested

49
Q

**Criteria for capacity

A

Communication
- Can the communication deficit be overcome?
Sign language, Written communication
Hearing Aid, Braille, Translator, Simplified language

Understanding
- Do they have adequate information?
Pros and cons
Ability to weigh the evidence

Retention of information

  • What did I tell you?
  • Can you explain it to me?

Decision
- Is it consistent and clear?

50
Q

**Criteria for Detention

???

A

Mental disorder

Significant Impairment of Decision Making Ability for medical treatment about mental disorder

Significant risk to health, safety or welfare of the person or the safety of any other person

Treatment available

Order necessary

51
Q

SIDMA

‘Significant impairment of decision making ability about medical treatment for mental disorder’

A
lack of insight, 
cognitive impairment, 
presence of psychosis, 
severe depressive symptoms or 
learning disability
52
Q

Mental Capacity Act Principles

A

1 – any action or decision taken must benefit the person

2 - least restrictive option

3 - take account of the wishes of the person

4 - consultation with relevant others

5 - encourage the person to use existing skills and develop new skills

53
Q

Voyeurism

A

Installation/ operation of equipment for live viewing or recording with the intention of enabling the individual or others to observe an individual doing a private act in a place which would reasonably be expected to provide privacy e.g. bedroom, hotel room, toilet, changing room

54
Q

Sexual coercion

A

In a person is coerced (persuade (an unwilling person) to do something by using force or threats.) into participating in a sexual activity this is deemed as an offense of sexual coercion.

55
Q

Consent is deemed automatically withheld under the following circumstances:

A

Incapacity due to alcohol or any other substance
Mental/physical incapacity
Age of consent is 16 years old.
Submission due to acts of violence or threat of violence
Where a third party has given consent
When the victim is asleep or unconscious
Consent for one act does not imply consent for all acts
Consent may be withdrawn at any time (before/after)
The person performing the act should have reasonable belief that consent has been obtained before the act and in the appropriate setting
Being in a relationship/marriage does not automatically imply consent
Do not assume that individuals with physical/mental disability cannot give consent. As long as they can exhibit capacity then they can legally consent.

56
Q

Examination of the individual

To establish whether the clinical findings support the history of the incident

A

Identify clinical evidence that supports the alleged acts have taken place
Collect physical evidence to enable forensic scientists to confirm or refute the allegation
Prophylaxis for pregnancy and STI
Treat any new medical conditions or pre-existing conditions exacerbated by the incident
Psychiatric support
Always have a chaperone for intimate examinations
Document and record

57
Q

Power of attorney

A

This is a means by which individuals, whilst they have capacity, can grant someone they trust powers to act as their continuing (financial) and/or welfare attorney.

58
Q

People aged 16 or over are entitled to consent to their own treatment.

A

Children under the age of 16 can consent to their own treatment if they’re believed to have enough intelligence, competence and understanding to fully appreciate what’s involved in their treatment
- Gillick competent.

Whether or not a child is capable of giving the necessary consent will depend on the child’s maturity and understanding and the nature of the consent required.

The child must be capable of making a reasonable assessment of the advantages and disadvantages of the treatment proposed, so the consent, if given, can be properly and fairly described as true consent

59
Q

For consent to be valid, it must be voluntary and informed, and the person consenting must have the capacity to make the decision.

A

voluntary–the decision to either consent or not to consent to treatment must be made by the person, and must not be influenced by pressure from medical staff, friends or family

informed–the person must be given all of the information about what the treatment involves, including the benefits and risks, whether there are reasonable alternative treatments, and what will happen if treatment does not go ahead

capacity –understand, retain and believe the information given to them and can use it to make an informed decision