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Chapter 5: Ethical Standards © 2010 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 1 Chapter 5: Introduction • Literacy in the field of ethics will impact – Decision making in everyday life – Navigation of complex dilemmas • Ethics is comprised of various – Models – Concepts – Theories © 2010 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2 Ethical Models • Definition of ethics: – The formal study of moral choices that conform to standards of conduct – Listening to one’s conscience – Making judgments between right and wrong • Sometimes confused with other areas of study: – – – – Morals Values Etiquette Law © 2010 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 3 Ethical Models: Comparisons • Ethics is the formal study of moral choices. – Basis is in philosophy • Morals – The principles of right conduct that individuals internalize – Based in religious belief and personal choice – Related to ethics – Ethics put moral principles into practice © 2010 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 4 Ethical Models: Comparisons • Etiquette – The social code of custom and ritual – Based in society • Values – Concepts that give meaning to a person’s life – Based in society, family, and religion – Conflict may arise when values of different countries or groups differ © 2010 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 5 Ethical Models: Comparisons • Law – Body of rules with legal force – Choice is external: based in a controlling authority (legislature) – Law: minimum level of expectations for right and wrong – Ethical choice is internal: based in one’s conscience – Look to ethics when: • • • • No obvious right or wrong Enforcement of law does not bring justice Right behavior brings wrong effect Personal sacrifice is consequence for following ideals © 2010 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 6 Ethical Concepts • Ethical concepts: abstract ideas are part of the values that form the basis for decisions • Multiple approaches to ethical reasoning – Autonomy – Beneficence / nonmaleficence – Best interest standard – Fidelity – Justice © 2010 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 7 Ethical Concepts: Autonomy • Independence, self-determination, freedom • Three main elements: – Ability to decide – Power to actualize or implement a decision – Respect for the autonomy of others • Concept of informed consent: power rests with patient to make decisions about health • Dilemma: balance between rights of individual and rights of others © 2010 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 8 Ethical Concepts: Beneficense and Nonmaleficence • Two interlocking concepts • Beneficence: qualities of kindness, mercy and charity, duty to always do good • Nonmaleficence: prohibition against doing harm, duty to prevent evil • Hippocratic oath: I swear . . that . . . I will apply measures that benefit the sick . . . keep them from harm and injustice © 2010 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 9 Related Principle: Double Effect Principle • Recognizes that ethical choices may result in untoward outcomes • Harm versus benefits analysis – Is the untoward outcome secondary or unintended? – Is that outcome outweighed by an intended positive outcome? – Example: If adverse drug reaction occurs as an unexpected outcome of administering a treatment © 2010 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 10 Ethical Concepts: Best Interest Standard • Determining what is in the best interest of a person when that person cannot decide for themselves • Patient cannot give consent – Incompetent due to age (a child), mental limitations (Alzheimer's or retardation), coma – Another decides whether there will be benefit or harm – May base decision on past evidence of person’s wishes (advanced directive, previous statements) • Legal application: famous cases – Quinlan, Cruzan, and Schiavo © 2010 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 11 Ethical Concepts: Fidelity • Faithfulness, loyalty, and devotion to one’s obligations • Related to accountability • Working in health care requires providers to exercise fidelity to the role of caring for the patient – It is the physician’s duty to the patient to be the first one to inform her of the diagnosis © 2010 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 12 Ethical Concepts: Justice • An obligation to be fair to all – Fairness, honesty, and impartiality • Requires that no one be favored over another • Does not require that each one be treated the same • What one considers fair may conflict with another’s opinion © 2010 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 13 Ethical Concepts: Justice • Comparative justice – Group with greater need or interest may receive more resources than those with lesser need • Distributive justice – Fair distribution of burdens and benefits – Requires one in position of authority to provide service due to others © 2010 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 14 Ethical Concepts: Access and Distributive Justice © 2010 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 15 Ethical Concepts: Rights • A just claim or entitlement that others are obliged to respect • Rights may vary with the moral values of a culture • Right to confidentiality – Obligation of health care provider to protect health information from improper disclosure • Right to privacy: – Right to be left alone or to control personal information © 2010 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 16 Ethical Concepts: Veracity • Habitual truthfulness and honesty • One may argue that there are situations in which not telling the truth may be justified: – Person not strong enough to handle or understand truth, too much anxiety or grief • Patients must truthfully inform health care provider of all relevant information • Health care provider must disclose facts to patient to enable patient to decide care • Medical research issues: use of placebos © 2010 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 17 Ethical Theories • Systematic statements or plans used to deal with ethical dilemmas • Theories enable consistent and coherent process when making ethical decisions • Utilitarianism • Deontology © 2010 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 18 Ethical Theories: Utilitarianism • Consequentialism • Everyone should make choices that promote the greatest balance of good over harm for everyone • An act is right when it is useful in bringing about a good end • Consideration of the effects of action on everyone involved is encouraged © 2010 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 19 Ethical Theories: Utilitarianism • Application – – – – Used when preparing cost/benefit analysis All possible options are considered Value of each option determined Option with highest total utility chosen • Group benefit is valued • Weakness: – End justifies the means – Difficulty identifying and measuring all of the possible benefits; requires some prediction into the future © 2010 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 20 Ethical Theories: Deontology • Formalism or duty orientation • Decision making is based on moral rules and unchanging principles • Derived from reason and applied universally • Look at the intrinsic nature of act – Determine its basic rightness or wrongness – Consequences of the act are irrelevant © 2010 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 21 Ethical Theories: Deontology • Categorical imperative – A command derived from a principle that does not allow exceptions – Application of unconditional commands in a similar manner in all situations • Examples: – Life is sacred. Killing is never justified. – Medical research: value on freedom of choice. No subject should ever be tricked into participating. © 2010 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 22 Ethical Theories: Deontology • Weaknesses – Does not consider the variety in real-life situations – Overly rigid – Disregard for consequences of action may lead to absurd results – Disagreement as to whether motivation is derived from universal values • One may be motivated by changing values instead © 2010 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23