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MEDICAL ETHICS

1D PRINCIPLE OF MEDICAL ETHICS


Dr. Borja | Septem ber 25 , 2017
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PRINCIPLE OF CONFIDENTIALITY 1. Surrogate decision maker - Substitute
decision maker usually members of the
Case #1. In the case of Carlos, tell Carlos that the sister family or someone close to the patient
needs to know if the sister will be taking care of Carlos. 2. Wombs/Uterus for rent – childless
Though the risk of HIV infection is very small, ethics say couple would want a child but the
that the sister and the family members must know. You woman can’t bear the child. Get sperm
can delay and move slowly/gradually until the truth will of husband and fertilize the wife’s
be known. Nowhere for the doctor to side with the ovum and put that fertilized ovum to
patient because truth will be known. Case #2. Nelly Lim vs. Court of Appeal

- Truth is ABSOLUTE. Story: Juan filed a petition for annulment of his


marriage with Nelly on the ground that the latter has
When to breach confidentiality? been allegedly suffering from mental illness called
schizophrenia “before, during and after the marriage
1. When there is imminent threat of serious and
and until the present.”
irreversible harm
2. No alternative to averting that threat other The trial court allowed Dr. Acampado to testify,
than the breach of confidentiality she was qualified as an expert witness and was asked
3. The harm that thought to be averted should be hypothetical questions related to her field of expertise.
proportionate to harm associated with She neither revealed the illness she examined and
treated Nelly for nor disclosed the results of her
breaching confidentiality
examination and the medicines she had prescribed.
Importance of confidentiality: Expert witness – tells about opinion
- Respect, improve patient-physician relationship Ordinary witness- tells what he/she percieves
(patient will be hesitant to tell the doctor if
there’s no confidentiality) *Annulment of marriage – erases the marriage
- Trust and privacy between the physician and
Legal Separation – live separately and no sexual
the patient
privileges; bond of marriage still exists
Patient refused information:
*The cause/ground of annulment must exist at the
 Like example you (physician) telling the disease, beginning of the marriage
risks and treatment so that he will be able to
choose the treatment he wants, but he said no Exception : Psychological incapacity – wherein it may
doctor I don’t want that information anymore not exist at the beginning of the marriage but it will
Patient gives you full trust and manifest itself during the marriage
confidence
Principle of Stewardship
Patient lacks decision making capacity/ incompetent
patient:  Protect and care for your body and patient
 Between beneficence and justice
 Emergency – doctor will decide  Responsible use of society’s medical resources
 If not emergency – surrogate decision maker (Medical professionals are the proper stewards
 Surrogate means two things in medical of these resources)
ethics Ex. Health care spending without sacrificing
quality
ME-02
 Utilize most efficient means to diagnose and  Principle in medical ethics that you do an act
treat that will produce two effects: either good or
bad
Conflicts

Supposing only limited meds in the ICU and 10 of them Certain Conditions to meet to justify double
wanted to be admitted to the ICU. effect:
1. The intention of the act must be good
 Criteria to choose – select on the chance of 2. The benefit must be greater than the harm
survival rather to the one with serious illness or at least equal
 Ex. AIDS - young or old? – with greater chance 3. The act itself must be good or indifferent
of survival 4. The good effect must be sufficiently
 Rich or poor? – you don’t choose in the richness desirable or outweigh the bad effect
but of survival
Ex. Cancer patients undergoing chemotherapy
 Importance in the community? Ex. Mayor –
chance of being healed Organ transplant – requirement for the donor – donor
Evidence Based Medicine a basis for physician’s should not be harmed or injured as result of organ
judgement: removal

 from journals, experiments as result of surveys Ex. Kidney Transplant – you can compromise the
 Readings from different international studies anatomical integrity for functional physiological
integrity
Personal dimension of stewardship
PRINCIPLE OF TOTALITY
Religious/Christian teaching on stewardship:
 The relation of the whole in relation to the parts
 Person is created by God
of the whole
 Created in the image and likeness of God
 Prioritize the good of the whole by sacrificing
 You’re life is a gift from God
the parts that will make it difficult for the whole
 Respect life from conception to natural death
to function well
Social dimension: Ex. A deceased part of the body – sacrifice
(amputation of a gangrenous limb)
 Person is a social being
 Interaction with others since no man is an In case of Organ Donor – sacrifice the donor for
island the good of the beneficiary
 Everybody should be your friend – opportunity
to be a member of the same class PRINCIPLE OF COOPERATION
 Share what you have
 Protect your friends  In medical practice – Physicians
Ex. The other doctor that helps the main
 Beneficence do good, be just, do not harm
physician is the one that apply principle of
Ecological dimension cooperation

 Stewards of the environment


Formal Cooperation – support, one in mind,
PRINCIPLE OF DOUBLE EFFECT cooperate, intend , desire, approved the act;

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ME-02
consists of an explicit intention and willingness
for the evil act.

a. Explicit – Ex. “Yes, I’m happy to drive the


getaway car because I want to be an
accomplice.”
b. Implicit – you do not agree but you went
anyway; attributed when even though the
cooperator denies intending the
wrongdoer’s object, no other explanation
can distinguish the cooperator’s object
from the wrongdoer’s object

Material cooperation – involvement of supporting


actor; lesser in the mean than the formal
cooperation – thus not identify himself with the
intention of the main actor; Forced to do the act;
consists of an act other than the evil act itself but
facilitates and contributes to its achievement

a. Immediate – objects to cooperate with the


main actor; the one directly cooperating
gets involved by openly and
straightforwardly taking part in the practice
of an evil action.
Exception that makes it permissible if it is
demanded or have no choice.
Ex. nurse in the operating room or he only
knows when he was already in the
operating room
b. Mediate/Remote – consists of an act that is
not intimately connected with the
performance of an evil act as in formal and
direct cooperation but whose effect may
have an indirect bearing upon it.
Ex. the one that sterilizes the instruments
or the one that cares for her wounds

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