Week 2 Historical context, scope, methods of bioethics Flashcards
what’s a Moral/Ethical Principle?
- A principle is a general rule or standard to guide moral conduct
- As ethical analysis requires justification, principles help us justify our
choices, our actions - Ethical justification answers the question:
- “if I do this rather than that in this situation, in the name of what could I say
that my decision is the right (or least wrong) one?” - In the name of what → a given principle
- An ethical principle is a rule of ethics.
- A principle needs to be distinguished from a value.
- A value is something we think is good, and think there should be more of.
- Honesty, for example, is a value.
- A principle is usually a rule that puts a value into practice.
- It’s fine to value honesty, but different people might suggest different principles for
putting that value into action. - One possible principle might be the rule, “Never lie.”
- Another possible principle putting the same value into action might be “Avoid lying, except to
avoid doing serious harm to someone.
Antiquity - Primum non nocere
Hippocrates
“First, do no harm” – Central principle emphasizing avoiding harm to patients.
Integral to the Hippocratic Oath.
Antiquity - Beneficence
Hippocrates
Advocating for patient well-being, acting in their best interest.
Rooted in Hippocratic medicine.
Middle ages - autonomy
Scholastic philosophers,
religious scholars
Emphasizing individual rights and choices, influenced by moral theology and natural
law.
Modern times - justice
20th-century bioethicists
Encompassing fairness in medical care, equitable resource distribution, and
adherence to laws and moral standards. Integral to the four principles of bioethics.
Nonmaleficence
We should avoid
causing needless
harm to others by our
actions.
Autonomy
We should allow
rational people to be
self-determining,
except possibly
where:
* The Harm Principle
* Weak Paternalism
* Strong Paternalism
* The Welfare Principle
Justice
- We should treat
similar cases in similar
ways, possibly
according to: - Equality
- Need
- Desert
- Contribution,
Effort,
Compensation - Equality of
Opportunity
Beneficence
- We should promote
the welfare of others
by our actions.
Principles of Biomedical Ethics - Beauchamp and Childress
- respect for person
- beneficence
- justice
Features of Principlism
- Aims to solve ethical dilemmas
- Had a huge impact in the biomedical
field by reducing ethical decision- making to a dilemma with 4 easy-to- use principles - Not as broad as Bioethics, mostly focused
on what they call biomedical ethics: - “We understand biomedical ethics as one type
of applied ethics—the application of general
theories, principles, and rules to problems of
therapeutic practice, health care delivery, and
medical and biological research” (Beauchamp, &
Childress, 1979, viii) - Principlism as a framework
- = Principles of action
- ≠ Moral theory
- Built on Universal principles
- Common to general moral
standards - Present in many ethical theories
- Apply to all cultures
- Principles on which everyone
agrees - Principles that are agreed upon
when making a decision - “The four principles derive from
considered judgments in the
common morality and medical
traditions” (Beauchamp, &
Childress, 2001, 23) - Principles
- Vague indications for action +
multiple interpretations - For solving dilemmas
- Principles must be specified
(contextualized)
Principlism’s Claims
- there are no norms intrinsic to medical practice that should
guide determinations of what the best action is in medicine - there are fundamental ethical principles—autonomy,
beneficence, nonmaleficence, and justice—shared among
diverse ethical theories, that should guide ethical action in
medicine and - particular moral judgments involve applications of [these]
principles and rules to concrete situations.
Autonomy definitions
autos = self
nomos = law, government, rule
That is: to give oneself one’s own law
* Autonomy brings together ethical issues concerning the freedom of
each individual to shape his or her own destiny
* Autonomy is the basis of the Kantian notion that it is not legitimate to
“commodify” the human person by using him or her only as a means
* In Western Bioethics, the “hard core” of autonomy is a principle of
authorization/permission:
* each of us has final authority over our own person
* the person’s permission is required for any action on his person
“The moral notion of respecting the autonomy of other persons can
be formulated as the
principle of autonomy that must guide our
judgments about how to deal with moral agents capable of
determining their own actions and judgments”
As a negative obligation:
Autonomous actions should not be
subjected to controlling constraints by others […]. As a positive
obligation, this principle requires respectful treatment in disclosing
information and fostering autonomous decision-making”
* Free and informed consent
- Rules/methods related to autonomy:
- Obtain free and informed consent
- Tell the truth to the patient (not to third parties, unless the patient
authorizes) to assist the patient’s autonomous decision making - Preserve privacy
- Protect confidential information
- Advance directives: the possibility of determining treatment in advance, in
case the patient is no longer able to decide for himself or herself
Maxims associated with respect for autonomy
Do not take refusal of treatment as a personal criticism
* Accept that the patient has a different value system
* Accepting scientific and medical uncertainty and not hiding it from the
patient
* Be aware that the patient is in a dependent position and not simply
take advantage of it in the name of efficiency
Beneficence definition
- The good of the patient is the guiding principle of medical action, the
moral motor of the action of caring - Evolution of the principle
- 1979: Positive beneficence requires providing benefits and the principle of
utility requires balancing harms and benefits - 2001: “Positive beneficence requires agents to provide benefits. Utility
requires that agents balance benefits and drawbacks to produce the best
overall results” (Beauchamp, & Childress, 2001, 165) - Risk/Benefit Analysis
Beneficence
* The good of the patient in a given concrete situation is
multidimensional:
- saving life
- to heal; to reverse the course of the disease
- to slow down / mitigate the course of the disease
- prolonging life
- relieving pain and suffering
- improve comfort
- overcome disability, rehabilitate, re-educate
- advise the patient on his or her health
- listening, being present
Non-maleficence definition
- The obligation not to inflict harm on others
- Based on the ancient maxim of primum non nocere – first, do no
harm - Evolution of the principle
- 1979: Prohibition of inflicting harm on innocent persons
- 2001: The principle of nonmaleficience asserts an obligation not to inflict
harm on others” (Beauchamp, & Childress, 2001, 113)
- Rules/maximums related to non-maleficence:
- Distinctions and rules that govern non-treatment/assisted dying decisions and
physician-assisted suicide - do not initiate treatment v. discontinue treatment
- ordinary vs. extraordinary treatment
- intended effects v. expected effects
- kill v. let die
- Protection of patients who lack the capacity to judge
- The benefit-burden balance
Justice definition
The principle that addresses the social context
* How to distribute resources in a way that respects the equal
consideration due to each person and their needs (e.g., in a triage
situation)
* Ethical issues of macro-allocation:
* Identifying the right resource allocation key for health policy choices at the aggregate
level (e.g., which primary care or screening program to favor)
* Ethical issues of micro-allocation:
* Allocating limited resources to individual patients.
Justice (or lack of it)
- It is easier to identify injustice….
- for example, to do research on institutionalized populations while the
benefits of that research accrue to those who can afford good quality care - …than to formulate positive criteria for justice
- for example, how to manage the waiting line for a kidney transplant:
- most urgent medical need?
- the best predictable medical outcome?
- first come, first served?