Ethics Flashcards

1
Q

what is autonomy according to Kant

A

to be rational without any place for desire

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2
Q

what is autonomy according to Mill

A

to direct actions in accordance with desire, values and inclinations

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3
Q

what is autonomy according to plato

A

autonomy is based on reason which is of the highest virtue above desire and courange

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4
Q

what is autonomy according to Aristotle

A

divides humans in the rational and irrational parts with a true human said to be rational

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5
Q

autonomy + rationality =

A

justification of human rights

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6
Q

what are two ways in which autonomy is protected in research and clinical care

A

informed consent
privacy and confidentiality

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7
Q

what does informed concept do

A

protects the right to decide for oneself

maintains the right to decide what happens to ones body and data

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8
Q

what does informed confidentiality do

A

maintains the right to decide what happens to information about oneself

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9
Q

what does section 12 (2) C of the constitution,1996 state

A

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

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10
Q

what does section 71 (1) of the national health act state

A

research or experimentation on a living person may only be conducted in the prescribed manner and with a written consent of the person

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11
Q

what does section 7 of the national health act state

A

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

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12
Q

consent in case law

A

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

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13
Q

name three pillars of informed consent

A

Capacity
comprehension
voluntariness

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14
Q

informed consent =

A

agreement or permission to do something from someone who has been given full information about the possible effects or results

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15
Q

capacity of consent

A

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

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16
Q

what information needs to be provided in informed consent

A

information about diagnosis
the nature and purpose of interventions
the burden, risk and expected benefits of all options including forgoing treatment

17
Q

what is the key part of informed consent

A

Comprehension

18
Q

what is the role of language in informed consent

A

plays a huge role in comprehension

language used to communicate needs to be understood well by both parties

19
Q

what factors affect voluntariness

A

forcefulness of health professionals
SES, gender and age
culture
limited choices

20
Q

when not to seek consent

A
  • emergency
  • where intervention is necessary to prevent harm
  • where there is a court order
21
Q

what is the age of concept

A

12 years for clinical treatment
18 years for research

22
Q

which national health act can trump consent

A

section 7

23
Q

what is privacy

A

it is the key to protection of autonomy

rights to freedom from intrusion and control over the exposure of self or personal information

24
Q

what is confidentiality

A

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

25
Q

national health act section 14

A

all information concerning a user is confidential (this includes treatment. health status and stay in health establishment)
the user consents disclosure in writing

26
Q

POPIA (protection of personal information act)

A

information about the health of a person is considered special information that requires additional protections, data must be protected against unauthorized access.

27
Q

exceptions to confidentiality

A
  • in medical consultation
  • court decision
  • national law
  • third party players such as insurance companies
  • ## children and adolescents
28
Q

Veracity

A

telling the truth is greater than being honest