W1 Flashcards
Ethics:
- seeks to determine what a person should do, or the best course of action, and provides reasons why;
- helps people decide how to behave and treat one another and what kinds of communities would be good to live in.
Ethics is about human conduct: a code or science of what is right and what is wrong, good vs bad, rights vs responsibilities (doing what is good or right yourselves, defending what is good or right, recommending what is good or right)
Morality vs Ethics
ethics is primarily a matter of knowing whereas morality is a matter of doing
Ethics in medicine:
how doctors must conduct themselves and how they can address the ethical dilemmas that arise in clinical practice
Bioethics is concerned with:
ethical issues arising from developments in medical knowledge and biotechnology, societal needs and the future of human life.
Bioethics is the branch of applied ethics that studies the philosophical, social, and legal issues arising in medicine and the life sciences.
Medical ethics (healthcare ethics)
an area of ethics concerned with the practice of clinical medicine & doctor-patient interactions:
* Long-standing interest in ethical medical practice
* has a flexible set of solutions (facts, logic, syllogism)
* often seen as a prescriptive activity telling you what you cannot do
* in many cases it can be very freeing, affirming that you are doing the right thing
Ethics in medicine
- An ethical code for practice, a corpus of professional guidelines, a way of reasoning that promotes human good and reflects a virtuous practitioner
- Medicine is a moral community because it is a moral enterprise; its members are bound together by a common moral purpose the ‘medical good’
Bioethics; principle of Justice
Research ethics guidelines & procedures
Ensuring fairness in research & protecting vulnerable populations
Medical Ethics; principle of Autonomy & Informed Consent
Duty of professionals to respect and protect patient rights
Ensuring participants understand the risks
Core values in medicine & Medical ethical code
Compassion - concern for patient’s condition and distress
Competence - scientific, technical, cultural, ethical
Autonomy or self-determination - individual and collective decision-making procedures
Law -
principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision
Medical law & ethics consider
the rights / responsibilities of patients and duties / responsibilities of doctors with reference to patient care and research
Personal ethics refers to
ethical values and standards that a person identifies with with respect to people and situations that they deal with in everyday life
Professional ethics refers to
ethical guidelines and rules that a person must adhere to with respect to their interactions and dealings in their professional life
World Medical Association:
International organisation representing physicians (1947-)
- provides ethical guidance to physicians through its Declarations, Resolutions and Statements
- guide National Medical Associations, governments and international organizations throughout the world
- in official relations with the World Health Organization (WHO
Why Ethics Matters:
- Consensus statement from 32 medical schools: ‘Knowledge of the ethical and legal basis of medicine is as essential to clinical practice as an understanding of the basic clinical sciences’.
- Professional Regulatory Bodies require their members to behave professionally and ethically
- The law reflects ethical values and requires doctors to apply professional and ethical guidance
- It is useful / important in resolving ethical challenges
Ethical problems in medical practice:
- Withholding treatment to meet an organization’s budget or because of insurance policies;
- Upcoding to get treatment covered;
- Getting romantically involved with a patient or family member;
- Covering up a mistake;
- Reporting an impaired colleague;
- Prescribing a placebo;
- Practicing defensive medicine to avoid malpractice lawsuits;
- Breaching patient confidentiality owing to a health risk.
Medical Professional:
- Professional
- Legal
- Ethical
Law -
set of rules that regulate human conduct, it imposes penalties for rule-breaking and provides remedies for those harmed.
Three Main Legal Traditions:
Common Law (English-speaking countries) – Based on judicial decisions & precedents rather than written laws.
Civil Law (Continental Europe & former French colonies) – Based on comprehensive written codes & statutes rather than case law.
Islamic Law – Based on Islamic principles derived from religious texts & interpretations.
Principal Sources of Law (2):
- Statutes: Legislation by Parliament, Acts of Parliament
- Judge-Made Law (Case Law): Judges create legal rules based on case decisions
Medical Law ensures:
that doctors act within safe & justifiable boundaries
Sources of Law in common Law jurisdiction:
- Principle sources of Law
- International Law
Types of Law in Healthcare
Contract Law: Contracts are structured promises. (A patient agrees to pay for a doctor’s services in exchange for appropriate medical care)
Criminal Law: Rarely applies to medical errors unless they result in death. Most cases involve manslaughter, not murder, as intent to harm is rare.
Medical manslaughter - a term used when a healthcare professional’s actions or omissions lead to a patient’s death.
Tort Law (Medical Malpractice): Covers negligence, where a healthcare provider’s failure to meet the expected standard of care results in harm to the patient.
Family Law: (medical treatment of minors)
Impact of Health Scandals:
- Shift in public perception of medicine.
- Reorganization of medical training & practice.
- Increased regulation to build public trust & accountability.
