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BIOETHICS LECTURE AY 2020

2021
MODULE 2: Why Study Bioethics and Which Principles Should be Applied?

• believes that there is no universal or absolute set of


INTRODUCTION moral principles
ETHICS AND MORALITY
MORALITY NORMATIVE ETHICAL CONSIDERATIONS
• concerned with relations between people and how they can • asks more concrete questions related to morality
live in peace and harmony • “what types of acts are morally right or wrong?”
• aims to protect cherished values or "goods" • “what types of values are morally good or bad for the
o goods may refer to high quality of life for an individual harmonious functioning of society and the welfare of
or for the community individuals?”
o goods may be a property, a liberty or even an idea
• makes things go better and gives more meaning to life MAIN THEORIES OF NORMATIVE ETHICS
• also pertains to the beliefs of the individual or groups as to 1) DEONTOLOGICAL THEORY
what is right or wrong • Greek deonto means “duty”
• may differ from society to society or culture to culture • relies on duties, rights or other means of acting
• expressed in the form of general rules and statements • MEANS theories
• usually consistent but sometimes can change if the • holds that one is acting rightly when one acts
individual's belief change according to one’s duties and rights
• transcends cultural norms • therefore, duties and rights are the correct means to
use in evaluating a course of action
ETHICS
• simple to apply; just requires that people follow the
• a systematic reflection on and analysis of morality rules and do their duty
• a fundamental part of life of everyone in society • avoids subjectivity and uncertainty because you only
• can be applied to everyday problems among individuals, in have to follow set rules
institutions and in society • identified with the writings of Immanuel Kant (1724-
• guiding principles which helps the individual or group to 1804)
decide what is right or wrong o he held that every person has an inherent dignity
• generally uniform and abstract and on that basis alone is entitled to respect
• governed by professional and legal guidelines within a o respect is shown by never using people to achieve
particular time and place other goals or consequences
MAJOR AREAS OF ETHICAL ANALYSIS o he thought that the duties and rights of individuals
help to distinguish how their respect can be
METAETHICAL CONSIDERATIONS
honored
• tries to discover reasons given for making a moral judgment
o it follows that the right thing is always to be guided
about the moral life
by moral duties,
• geared to thinking about our reasons for defending a o responsibilities and rights
particular position
o he concluded that some actions are intrinsically
• require that we become more aware of our beliefs immoral, no matter how positive and beneficial
(religious, philosophical, what we have been taught or told) one might judge the consequences to be; and
and how we imagine them to influence what is right or other actions are intrinsically moral, no matter how
wrong negative the consequences might be
TWO METHAETICAL APPROACHES o in other words, one can’t judge the moral rightness
1) ABSOLUTISM or wrongness of an act on the basis of its
consequences alone
• rest on the notion that what is right is based on
knowledge that can be known to be a truth
2) TELEOLOGICAL THEORY
• moral sources are usually from religious beliefs, natural
• Greek telos means “end”
laws and intuition
• relies on ends or consequences to determine when
• asserts that there are certain universal moral principles
one is acting rightly or wrongly
by which all people’s action may be judged
2) RELATIVISM • ENDS theories
• concerned with consequences
• rest on the assumption that ethical statements are not
known to be ultimately true or false • based on the concept of utilitarianism
• moral sources are usually from cultural and societal • an act is right if it is useful to bring about the best
sources consequences overall

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• holds that the most ethical choice is the one that will GREEK SCHOOLS OF ETHICS
produce the greatest good for the greatest number SOCRATES
• the only moral framework that can justify the use of (LATE 5TH CENTURY BC AND EARLY 4TH CENTURY BC)
military forces or war
• also the most common approach to moral reasoning • opposed the Sophists
used in business • “virtue is knowledge; people will be virtuous if they know
• first developed by two English philosophers, Jeremy what virtue is; and vice, or evil, is the result of ignorance”
Bentham (1748-1832) and John Stuart Mill (1806- • “education can make people moral
1873) • in his Dialogues, he maintains that human virtue lies in the
HISTORICAL DEVELOPMENT OF ETHICS fitness of a person to perform that person's proper function
HISTORY: ETHICS in the world
For as long as people have been living together in groups, the • explained that the human soul has three elements—
moral regulation of behavior has been necessary to the group's intellect, will, and emotion - each of which possesses a
well-being. specific virtue in the good person and performs a specific
role
Although the morals were formalized and made into arbitrary • the virtue of intellect is wisdom, or knowledge of the ends
standards of conduct, they developed, sometimes irrationally, of life; that of the will is courage, the capacity to act; and
after religious taboos were violated, or out of chance behavior that of the emotions is temperance, or self-control
that became habit and then custom, or from laws imposed by • the ultimate virtue, justice, is the harmonious relation of all
chiefs to prevent disharmony in their tribes. the others, each part of the soul doing its appropriate task
and keeping its proper place
Even the great ancient Egyptian and Sumerian civilizations • maintained that the intellect should be sovereign, the will
developed no systematized ethics; maxims and precepts set second, and the emotions subject to intellect and will
down by secular leaders, such as Ptahhotep, mingled with a strict • the just person, whose life is ordered in this way, is
religion that affected the behavior of every Egyptian. In ancient therefore the good person
China the maxims of Confucius were accepted as a moral code. • gave rise to four schools of thought build by his immediate
The Greek philosophers, beginning about the 6th century BC, disciples: the Cynics, the Cyrenaics, the Megarians, and the
theorized intensively about moral behavior, which led to the Platonists
further development of philosophical ethics.
o CYNICS, notably the philosopher Antisthenes,
EARLY GREEK ETHICS
maintained that the essence of virtue, the only good, is
PYTHAGORAS (6TH CENTURY BC) self-control and that it is capable of being taught;
• developed one of the earliest moral philosophies from the ▪ described pleasure as an evil, if accepted as a
Greek mystery religion Orphism guide to conduct
• believed that the intellectual nature is superior to the ▪ considered all pride a vice, including pride in
sensual nature and that the best life is one devoted to appearance or cleanliness
mental discipline
• founded a semi-religious order with rules emphasizing o CYRENAICS, notably Aristippus of Cyrene, were
simplicity in speech, dress, and food hedonists, postulating pleasure as the chief good (as
long as it does not dominate one's life)
THE SOPHISTS (5TH CENTURY BC) ▪ that no one kind of pleasure is superior to another,
• group of Greek philosophers who taught rhetoric, logic, and and that it is measurable only in degree and
civil affairs duration
• skeptical of moral absolutes
• divided into several schools of thought o MEGARIANS, Euclid's followers, posited that although
o Sophist Protagoras taught that human judgment is good may be called wisdom, God, or reason, it is “one,”
subjective, and that one's perception is valid only for and that good is the final secret of the universe, which
oneself can be revealed only through logical inquiry
o Sophist Gorgias went to the extreme of arguing that
nothing exists; that if anything does exist, human o PLATONIST, believed that good is an essential element
beings could not know it; and that if they did know it, of reality; evil does not exist in itself but is, rather, an
they could not communicate that knowledge imperfect reflection of the real, which is good
o Sophist Thrasymachus, believed that might makes right

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ARITSTOTLE (LATE 4TH CENTURY BC) HISTORY: BIOETHICS
• Plato's pupil, regarded happiness as the aim of life IN ASIA
• in his principal work on ethics, the Nicomachean Ethics, he • the idea of ethical conduct is common in many early texts,
defined happiness as activity that accords with the specific including those from Ancient India and China
nature of humanity • believed that medical knowledge was divine or magical in
• pleasure accompanies such activity but is not its chief aim origin
• happiness results from the unique human attribute of • counterpart of the Hippocratic Oath, the Caraka Samhita, a
reason, functioning harmoniously with human faculties Sanskrit text written in India roughly 2,000 years ago, urges
• held that virtues are essentially good habits, and that to the following commandment to physicians
attain happiness a person must develop two kinds of habits: o Day and night, however you may be engaged, you shall
those of mental activity, such as knowledge, which lead to strive for the relief of the patient with all your heart and
the highest human activity, contemplation; and those of soul. You shall not desert the patient even for the sake
practical action and emotion, such as courage of your life or living
• moral virtues are habits of action that conform to the golden • similar sentiments can be found in the Chinese text Nei Jing
mean, the principle of moderation, and they must be (The Yellow Emperor's Classic of Inner Medicine), dating
flexible because of differences among people and from the 2nd century BC
conditioning factors • three centuries later, the work of the Chinese physician Sun
• for example, the amount one should eat depends on one's Simiao emphasized compassion and humility, “a great
size, age, and occupation defines the mean as being physician should not pay attention to status, wealth, or
between the two extremes of excess and insufficiency; thus, age.... he
generosity is the mean between prodigality and stinginess should meet everyone on equal ground....”
• the intellectual and the moral virtues are merely means
toward the attainment of happiness, which results from the IN EUROPE DURING THE MIDDLE AGES
full realization of human potential. • the ethical standards of physicians were put to the test by
the bubonic plague, the highly contagious Black Death that
HISTORICAL DEVELOPMENT OF ETHICS arrived around the mid-1300s and remained a threat for
HISTORY: BIOETHICS centuries
HIPPOCRATES (4TH CENTURY BC) • when plague broke out, physicians had a choice: They could
stay and treat the sick—risking death in the process—or flee
• Greek physician, associated with more than 70 works • the bubonic plague and other epidemics provide an early
pertaining to medicine; however, modern scholars are not example of the challenges that still exist today when doctors
certain how many of these works can be attributed to must decide whether they are willing to face personal risks
Hippocrates himself, as some may have been written by his when caring for their patients
followers
• one work that is generally credited to Hippocrates contains BY THE 18TH CENTURY, PARTICULARLY IN BRITAIN
one of the first statements on medical ethics • the emphasis in medical ethics centered on proper,
o in Epidemics I, in the midst of instructions on how to honorable behavior
diagnose various illnesses, he offers the following, As to • one of the best-known works from the period is Medical
diseases, make a habit of two things—to help and not Ethics; or, a Code of Institutes and Precepts, Adapted to the
to harm Professional Conduct of Physicians and Surgeons, published
• the most famous ethical work—although the exact origin of in 1803 by the British physician Thomas Percival
the text is unknown—is the Hippocratic Oath o in his 72 precepts, Percival urged a level of care and
o in eight paragraphs, those swearing the oath pledge to attention such that doctors would “inspire the minds of
“keep [patients] from harm and injustice.” their patients with gratitude, respect, and confidence”
o the oath also requires physicians to give their loyalty o his ethics, however, also permitted withholding the
and support to their fellow physicians, promise to apply truth from a patient if the truth might be “deeply
dietetic measures for the benefit of the sick, refuse to injurious to himself, to his family, and to the public”
provide abortion or euthanasia, and swear not to make • at roughly the same time American physician Benjamin
improper sexual advances against any members of the Rush, a signer of the Declaration of Independence, was
household promoting American medical ethics
o the oath still symbolizes a physician’s duties and • he spoke of the virtues of generosity, honesty, piety, and
obligations. service to the poor.

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BY THE EARLY 19TH CENTURY DUTIES
• it seemed that such virtues were in short supply, and the • Duties or obligations is more than merely a feeling in our
public generally held physicians in North America in low everyday lives
esteem • we experience it as a commitment to acting in certain ways
• complicating the problem was the existence of a variety of within our numerous relationships
faith healers and other unconventional practitioners who • e.g. when you have wronged someone, you may feel
flourished in an almost entirely unregulated medical compelled to make some kind of reparation, at least in the
marketplace form of at apology; when you have made a promise, you feel
• in part to remedy this situation, physicians convened in compelled to try to keep it
1847 to form a national association devoted to the • in our daily conversation, we rely on a number of
improvement of standards in medical education and expressions to convey our experience of having
practice commitments that lead to certain types of action: I really
o the American Medical Association (AMA), as the group must, I should, I have to, I ought to…
called itself, issued its own code of ethics, stating, “A • these commitments proved the existence of moral bonds; it
physician shall be dedicated to providing competent is adopted to describe the whole range of such bonds is
medical service with compassion and respect for obligations and the specific forms of it are called duties
human dignity. A physician shall recognize a • when duties arise…
responsibility to participate in activities contributing to
an improved community.” I HAVE A DUTY OF WHEN…
o the Canadian Medical Association (CMA), established in I am in a position to
1867, also developed a Code of Ethics as a guide for NON-MALEFICENCE
potentially destroy or
physicians. Today the CMA code provides over 40 (refraining from harming
otherwise harm someone
guidelines about physician responsibilities to patients, myself or another)
else
society, and the medical profession. BENEFICENCE I am in a position to benefit
(bringing about good) someone else
IN RECENT YEARS I have made a promise,
FIDELITY
• the field of medical ethics has struggled to keep pace with explicit or implicit to
(promise-keeping)
the many complex issues raised by new technologies for someone else
creating and sustaining life VERACITY I am in a position to tell the
• artificial-respiration devices, kidney dialysis, and other (telling the truth) truth or deceive someone.
machines can keep patients alive who previously would I am in a position to
have succumbed to their illnesses or injuries distribute benefits and
• advances in organ transplantation have brought new hope burdens among individuals
JUSTICE
to those afflicted with diseased organs or groups in society who
• new techniques have enabled prospective parents to have legitimate claims on
conquer infertility the benefits
• progress in molecular biology and genetics has placed I have wronged someone
REPARATION
scientists in control of the most basic biochemical processes else.
of life I have been the beneficiary
GRATITUDE
• with the advent of these new technologies, codes of medical of someone else’s goodness.
ethics have become inadequate
or obsolete as new questions and issues continue to • NON-MALEFICENCE AND BENEFICENCE
confront medical ethicists o not harming and acting to benefit another
o considered as two duties in a
ELEMENTS OF ETHICS continuum
INTRODUCTION ▪ do no harm
• Normative ethical theory is a theory devoted to discovering ▪ prevent harm
what makes a right act or a good person praiseworthy. ▪ remove harm
• A norm (element or principle) is the basic unit of morality ▪ bring about positive good
used in normative ethical theory. beneficence
• Norms can be grouped into three general categories: (1)
duties, (2) right, and (3) character traits

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• FIDELITY (L. FIDES, FAITHFULNESS) • the patient’s right to autonomy has come to be accepted as
o being faithful = meeting the patients’ reasonable a moral claim
expectations • autonomy is one’s own choices according to principles that
▪ basic respect could be valid for everyone; the reasons for actions
▪ competence • each person should be permitted to act according to his own
▪ following the code of ethics of profession convictions
▪ following the rules and regulation of the institution • may be exemplified by the right to die through the living will
▪ honor internal agreement (testament) or through the special power of attorney
• JUSTICE
o most complex duty THE RIGHT TO HEALTH CARE
o consider as an “arbiter” because only called on when • considered as one of the positive or entitlement rights like
there are already problems regarding what is rightfully
food and shelter
due to a person, group or institution
• the right to claim for money, health care personnel, facilities
o divided into three types
and medicines from the society in order to assure that
▪ distributive justice – concerns with the
individuals will receive the necessary health care services
comparative treatment of individual in the
allotment of benefits and burdens
CHARACTER TRAITS (VALUES)
▪ compensatory justice – concerns with
compensations for wrongs that have done • the disposition to act in certain ways or the habit that allows
▪ procedural justice – concerns with the ordering of people to act in certain ways
procedure in a fair manner e.g. “first come, first • also called virtues if moral-bound (vices, if not), e.g. honesty,
served” policy courage and compassion
o honesty will manifest itself if you refrain from deceiving
• REPARATION AND GRATITUDE others for your own comfort or protection
o most common forms of duties o courage is required in order to speak out against
o regardless of age and position in life injustice or wrongdoings
o duty to say "sorry" and "thank you" ▪ honesty and courage can lead you in admitting
your mistake
RIGHTS o compassion can help motivate you to refrain from
thoughtlessly harming vulnerable people
• Rights are stringent claims a person or group makes on
society or to other person
• moral rights means you are in a position to lay claim to
something on the basis of the moral correctness of you
• rights relevant to health care may be divided into three
categories:
THE RIGHT TO LIFE
• also known as “pro-life” position
• always been associated with abortion debate
• include both “leave me alone” and to provide necessary
supports for me to live claims
• understood as one of the freedom rights in which your claim
on someone is to not interfere with the continuance of your
life
• comes from religion, philosophy, laws and common sense

THE RIGHT TO AUTONOMY


• sometimes called as the right to self-determination
• also best viewed as freedom right
• the patient’s basic health care needs have not changed but
the responses have changed
o different types of interventions are possible leading to
suffering and prolonged agony of the patient who is
going to die
o response becomes regret rather than an expression of
respect

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ETHICAL ISSUES AND PROBLEMS • there is more than one right thing to do but to act on one
ETHICAL ISSUE necessarily prohibits you from acting on the others
• situation in which one or more moral norms or principles o as a result, you (the agent) necessarily are doing
are present but do not create a problem. something right and also wrong (by not doing the other
ETHICAL PROBLEM right thing)
• a situation in which two or more moral norms or principles • sometimes an ethical dilemma may be presented in special
create a challenge about what to do case of paternalism or parentalism
• there are 4 basic types of ethical problems: (1) ethical o the patient’s autonomy conflicts with the health
distress, (2) ethical dilemma, (3) ethical dilemma of justice, professional’s judgment of what is best for the patient
and (4) locus of authority issue o the health professional is acting as a parent to the
• the first 3 focused on what to do?, while the last one patient
focused on who should do it? DILEMMAS OF JUSTICE
• a dilemma that arises in
Each of the types can be diagrammed using 3 basic concepts: regard to distributing
societal benefits and
THE MORAL AGENT (A) burdens
• anyone who is in a situation in which he must (and can) • the competition is among
assure responsibility for the outcome of his actions different individuals or
• capable of thinking, deciding and acting in accordance with groups, each of which
moral standards and rules want a share of the
• may not always fulfill the requirements of a moral standard available resources
or rule i.e. he need not be morally perfect but must have the • the scarce supply of these resources requires difficult
capacity to judge himself decisions by the agent
• because to choose to provide the good to one group may
THE COURSE OF ACTION (C) necessarily mean there are no resources available for others
• the agent’s judgments process and final decision about LOCUS OF AUTHORITY ISSUES
what will happen if one or more paths are chosen
• also called the process of applying ethics

THE DESIRED OUTCOME (O)


the projected positive result/s of having taken the course of
action

ETHICAL DISTRESS
• a kind of ethical problem a • these situations arise as problems when roles or other
health professional faces institutional policy or societal arrangements create a
when ho knows exactly confusion about who is in charge
what course of action is • in the diagram, the 2 agents, each of whom assumes himself
right but there is a barrier to be the legitimate authority for making a particular
keeping the person from decision, they may come to different conclusions about how
doing it to achieve the best outcome for a patient
• arises when one knows the right thing to do but institutional o they may disagree on the course of action and benefit,
constraints make it nearly impossible to pursue the right or they agree on the course of action and desired
course of action outcome, disagreeing solely on who is the proper
ETHICAL DILEMMA authority to effect that outcome
• the most common type of • there are several aspects that may consider in deciding who
ethical problem is in charge
o difference in professional expertise
• involves 2 (or more) morally
o traditional arrangements
correct courses of action but
o institutional arrangements and mechanisms
you cannot do both (or all)
o the weight of experience
• sometimes considered as a
problem in which there is no
right or wrong solution

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ETHICAL DECISION MAKING 4) EXPLORE THE PRACTICAL ALTERNATIVES
FIVE STEP-PROCESS OF ETHICAL DECISION MAKING • the health professional has to explore the actual strategies
and options open to him
1) GATHER RELEVANT INFORMATION • these alternatives should be duty-bound and would
RELEVANT FACTS INCLUDE produce the desired outcome
• CLINICAL INDICATIONS
o Is the illness or condition reversible? 5) COMPLETE THE ACTION
o Is the lifesaving treatment medically useless? • the final and necessary step in moral judgment and action
o What is the usual treatment for this type of condition in • without the necessary attention to a strategy for carrying
the community? out the plan, the entire process, steps 1 to 4, is just an
o What is needed to relieve suffering and provide intellectual exercise
comfort? • the health professional must assume that he is prepared to
o Is the patient brain dead or in persistent vegetative accept the consequences of his actions, and that he has the
state? motivation to go beyond mere identification of the problem
• PATIENT PREFERENCES • in order to see the benefits of his own struggle he must now
o Is the patient informed? proceed to action
o Is the patient competent? • to do this, he needs the character traits of compassion, a
o If the patient is not competent, how can I discern what sense of responsibility, and the courage to go ahead
this patient would want? (Substituted or surrogate
judgment)
o If the patient is not competent, how can I discern what
this type of person would want? (Best interest)
• QUALITY OF LIFE
o What is the patient’s judgment?
o What is the health professional’s judgment?
o Is there any hope for improvement from present quality
of life?
• EXTERNAL FACTORS
o Costs? Reimbursement issues?
o What policies are there? Hospital, judicial opinions,
professional societies, etc.
o What are the legal implications? (court cases, statutes)
o Is allocation of beds, other resources an issue?

2) IDENTIFY THE TYPE OF ETHICAL PROBLEM


• simultaneous with the initial fact-finding and sorting of
information, the health professional can begin to determine
the type of ethical problem he is facing
• as he observes, asks questions, and reflects, he can begin to
decipher where his initial observations were correct and
where they were not until he arrives at a point where he has
as clear a picture of the situation as he is able to put
together
3) DETERMINE THE ETHICS APPROACH TO BE USED
• if the moral agent is a deontologist his thinking will be
guided by the duties and/or rights that are in conflict
o he will spend a lot of time weighing the two duties in
dilemma and will probably decide that the weightier or
more compelling duty is to the patient
• if the moral agent is a utilitarian, he will spend less time
thinking about the duties and will be guided by his desire to
bring about the over-all best consequences in the situation
o the over-all best consequences might well be to leave
well enough alone, not to make waves with the patient

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BIOETHICS LECTURE
MODULE 3: Should Doctors be Patient with Patients?
AY 2020
2021

DOCTOR-PATIENT RELATIONSHIPS • no account is given on gender or sexual orientation


BEGINNING AND ENDING THE RELATIONSHIP • it is always unacceptable for a physician of any kind to have
• a voluntary relationship entered freely by both sides sexual relationship with a current patients
• a patient cannot be compelled to accept a particular doctor
as his/her physician; a physician cannot be compelled to HIPPOCRATIC OATH
accept a patient without his/her agreement CLASSIC VERSION
• there is no legal obligation on the part of the physician to I swear by Apollo Physician and Asclepius and Hygieia and
accept a patient; this is true no matter what need the Panaceia and all the gods and goddesses, making them my
patient has and whatever expertise the doctor may possess witnesses, that I will fulfill according to my ability and judgment
• this is different from a hospital’s mandate to provide this oath and this covenant:
emergency treatment to anyone who comes to the
emergency department; hospital cannot turn anyone away To hold him who has taught me this art as equal to my parents
at the door of the emergency room and to live my life in partnership with him, and if he is in need of
• once a patient and a physician have entered into a care money to give him a share of mine, and to regard his offspring as
relationship, there is far greater complexity in ending the equal to my brothers in male lineage and to teach them this art -
relationship if they desire to learn it - without fee and covenant; to give a
• the doctor cannot suddenly end the relationship; he/she share of precepts and oral instruction and all the other learning
must maintain the care of the patient until the patient can to my sons and to the sons of him who has instructed me and to
find an appropriate alternate source of care and the doctor pupils who have signed the covenant and have taken an oath
must give reasonable notice according to the medical law, but no one else.

GIFTS FROM PATIENTS (OR FROM PHARMACEUTICAL I will apply dietetic measures for the benefit of the sick according
INDUSTRY) to my ability and judgment; I will keep them from harm and
• small gifts from patients of nominal or modest value are injustice.
acceptable
I will neither give a deadly drug to anybody who asked for it, nor
• provided that there is no expectation of a different form of
will I make a suggestion to this effect. Similarly, I will not give to
therapy, or a higher level of care based on the value of the
a woman an abortive remedy. In purity and holiness, I will guard
gift
my life and my art.
• rules on gifts from patients are less rigorous, precise or clear
than the rules on gifts from pharmaceutical industry
I will not use the knife, not even on sufferers from stone, but will
• there is an automatic presumption that gifts from
withdraw in favor of such men as are engaged in this work.
pharmaceutical industry always carry an influence toward a
product, service or prescribing practice
Whatever houses I may visit, I will come for the benefit of the sick,
• gifts from industry are viewed differently because there can
remaining free of all intentional injustice, of all mischief and in
only be no other intention behind them except to buy
particular of sexual relations with both female and male persons,
influences
be they free or slaves.
DOCTOR/PATIENT SEXUAL CONTACT What I may see or hear in the course of the treatment or even
• sexual contact between a physician and a patient is always outside of the treatment in regard to the life of men, which on no
inappropriate account one must spread abroad, I will keep to myself, holding
• at the very least, the physician and the patient must such things shameful to be spoken about.
mutually agree to end the formal professional relationship
of a doctor and a patient If I fulfill this oath and do not violate it, may it be granted to me
• not clear how much time must elapse between the ending to enjoy life and art, being honored with fame among all men for
of the formal relationship and the start of the personal all time to come; if I transgress it and swear falsely, may the
relationship opposite of all this be my lot.
• the American Psychiatric Association guidelines specifically
state that there can never be a sexual or personally intimate The classical version of the Hippocratic Oath is from the
private relationship between doctor and patient even after translation from the Greek by Ludwig Edelstein. From The
the professional relationship Hippocratic Oath: Text, Translation, and Interpretation, by
• these guidelines apply no matter who initiates the Ludwig Edelstein. Baltimore: Johns Hopkins Press, 1943.
relationship; it is not more acceptable for a doctor and
patient to have sexual relations if the patient initiates the
relationship

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HIPPOCRATIC OATH PMA CODE OF ETHICS
MODERN VERSION
I swear to fulfill, to the best of my ability and judgment, this
covenant:

I will respect the hard-won scientific gains of those physicians in


whose steps I walk, and gladly share such knowledge as is mine
with those who are to follow.

I will apply, for the benefit of the sick, all measures which are
required, avoiding those twin traps of overtreatment and
therapeutic nihilism.

I will remember that there is art to medicine as well as science,


and that warmth, sympathy, and understanding may outweigh
the surgeon's knife or the chemist's drug.
RIGHTS OF THE PATIENTS
I will not be ashamed to say "I know not," nor will I fail to call in
my colleagues when the skills of another are needed for a
patient's recovery.

I will respect the privacy of my patients, for their problems are


not disclosed to me that the world may know. Most especially
must I tread with care in matters of life and death. If it is given
me to save a life, all thanks. But it may also be within my power
to take a life; this awesome responsibility must be faced with
great humbleness and awareness of my own frailty. Above all, I
must not play at God.

I will remember that I do not treat a fever chart, a cancerous


growth, but a sick human being, whose illness may affect the
person's family and economic stability. My responsibility includes
these related problems, if I am to care adequately for the sick.

I will prevent disease whenever I can, for prevention is preferable


to cure.

I will remember that I remain a member of society, with special


obligations to all my fellow human beings, those sound of mind
and body as well as the infirm.

If I do not violate this oath, may I enjoy life and art, respected
while I live and remembered with affection thereafter. May I
always act so as to preserve the finest traditions of my calling and
may I long experience the joy of healing those who seek my help.

Written in 1964 by Louis Lasagna, Academic Dean of the


School of Medicine at Tufts University, and used in many
medical schools today.

DOC CHING / MEB24 -SPECIAL TERM 9


BIOETHICS LECTURE
MODULE 4: How should Life and its Extension be Ethically Viewed?
AY 2020
2021

ETHICAL CASES ABOUT BEGINNING OF LIFE DIVISIONS OF SPONTANEOUS TYPES


Among the bioethical issues arise at the beginning of life which (Natural, accidental, isolated, or recurrent)
will be covered in this module under human choice and decision
includes abortion, contraception, Assisted conception (In Vitro • THREATENED ABORTION - abortion has started but not
Fertilization or IVF), Surrogacy, Savior Sibling, Prenatal Genetic progressed
Screening Test. • INEVITABLE ABORTION - clinical type of abortion where
changes has progressed to state of impossible pregnancy 
ABORTION • COMPLETE ABORTION - product of conception expelled
termination of pregnancy by expulsion of embryo or fetus from from the uterus
the mother’s womb prior to its viability. Deliberate destruction • INCOMPLETE ABORTION - part of the entire conception has
of human life at any stage between fertilization to birth. expelled 
• MISSED ABORTION - dead fetus is retained inside the uterus
METHODS • SEPTIC ABORTION - occurs due to clinical evidences of
• VACUUM ASPIRATION infection in the uterus (example: spontaneous vaginal
use of powerful pump inserted into womb (29x home bleeding, foul smell, fever, chill etc.)
vacuum cleaner) to tear fetus into pieces.
INDUCED
• ORAL ADMINISTRATION OF DRUGS
combination of abortive pills used to detached implanted Purposeful termination of pregnancy. it is intentional expulsion
egg and cause uterine contraction. of fetus or embryo from the uterus due to the following reasons:
• DILATION AND CURETTAGE • Saving the life or preservation of physical and mental health
dilation of the womb to insert curette (sharp knife) to cut of the mother
the fetus into pieces. • Prevention of pregnancy due to incest or rape 
• HYSTEROTOMY • Prevention of pregnancy due to social or economic reasons
cutting the umbilical cord to cut the oxygen supply of baby 
via caesarean section • Prevention of birth of child with serious genetic defects.
• DILATION AND EVACUATION TYPES OF INDUCED ABORTION
combination of dilation of the cervix and suction of the
• LEGAL - performed in accordance with the law of the
contents of uterus
country
• SALINE INJECTION
• CRIMINAL -performed in violation of the law of the country
salts kills the baby after injection using long needle through
abdomen of the mother directed to the baby sac. CONTRACEPTION
• HORMONE INJECTION deliberate prevention of pregnancy as the consequence of
causes to labor at any stage of pregnancy sexual intercourse by interfering the normal process of
ovulation, fertilization, and implantation using different kinds of
TYPES birth control method.
SPONTANEOUS ABORTION/MISCARRIAGES
It is a natural occuring termination of pregnancy without TYPES
intervention. It usually occurs due to diseases, genetic defects, REVERSIBLE
trauma or biochemical incompatibility of mother and fetus. • NATURAL METHOD - avoiding the chances of meeting the
It may be basically of two types sperm and egg during high period of fertility (10th to 17th
• NATURAL - miscarriages that occur due to natural reasons day of menstrual cycle).
like ill-health, disease, shock, fear, excessive joy of the o Ovulation test kits
mother. o Cervical mucus examination
• ACCIDENTAL - not intended to occur due to trauma of sexual o Rhythm method
intercourse, poisoning, or accidental fall resulting to • BARRIER METHOD - prevention of meeting of sperms and
dislodging of implanted ovum. egg during sexual intercourse using barriers
• ISOLATED - occurs at single phase for both natural and o Diaphragms
accidental o Condoms
• RECURRENT - sequence of three or more consecutive o Cervical caps
spontaneous abortion. o Spermicide (gels, foam, cream)

DOC CHING / MEB24 – SPECIAL TERM 10


• ORAL CONTRACEPTIVES - it involves oral administration of INTRAUTERINE INSEMINATION
drugs containing hormones that prevent the release of egg IUI sperms inserted directly into the womb during ovulation
and fertilization.
o Birth control pills INTRACYTOPLASMIC SPERM INJECTION
o Hormonal pills ICSI single sperm is directed injected into single egg in the
laboratory and transplanted into womb.
• IMPLANTS - the use of contraceptive devices placed in the
uterus. SPERM DONATION
o IUD - intrauterin device such as small plastic T-shaped
for low sperm count or nothing to produce to be used for IVF
that contains copper or progesterone to prevent
EGG OR EMBRYO DONATION
pregnancy.
for unable to conceive with own egg, donated egg will be
PERMANENT CONTRACEPTION combined with partner’s sperm, and embryo will be
• SURGICAL METHODS - Surgical blocking of eggs in female transplanted to your own womb. Likewise in the case of donated
fallopian tube (tubectomy)/tubal ligation or surgical embryo.
blocking of sperms in male vas deferens (vasectomy). SURROGACY
o Essure, transcervical sterilization using flexible inserts another woman will carry the embryo of couple and entrust after
in each fallopian tubes through vagina and cervix birth.
creating scar tissue over months to block the sperms
from reaching egg.

ADVANTAGES FOR CONTRACEPTION DISADVANTAGES OF ASSISTED CONCEPTION


• HUMAN RIGHTS BENEFITS - freedom of choice to control • Invasive and expensive treatments
their lives. • Side effects and potential risks of fertility drugs used.
• HEALTH BENEFITS - prevent health risk of woman and • Possible high risk for baby being born through conception
possible transmission of diseases. techniques
• FAMILY BENEFITS - enjoy quality time for children and • Greater risk of complication of pregnancy, labour and birth.
couple • Occurrence of multiple pregnancies
• BENEFITS FOR WOMAN - promotes gender equality and • Fertility treatment for old age may have corresponding
autonomy complication of miscarriage, pre-eclampsia, gestational
• DEMOGRAPHIC BENEFITS - control population, diabetes and may require caesarean.
environment protection, and reduction of poverty
SURROGACY
ASSISTED CONCEPTION legal arrangement between the person who will bear a child and
the use of medical intervention to help couples with fertility the person who will become the child’s parent after birth. During
problem to conceive a baby. pregnancy, surrogates do not share blood with the baby since
only nutrient and oxygen are passed from pregnant woman to
TYPES the womb. The genetic materials of the baby would be inherited
IN VITRO FERTILIZATION from the egg and sperm donors. The appearance of the baby
IVF eggs are gathered through laparoscopy and combined with would look like from whom contributed the egg and the sperm,
sperms in the laboratory dish. After fertilization, the zygote is not the uterus that carries the baby. Regardless of whether the
implanted into the womb. child is biologically related to her or not, or if born via surrogate,
• Purpose To treat infertility associated with: the real people who raise and love the child are the real parents.
o Endometriosis
o Low sperm count INDICATIONS FOR SURROGACY
o Problem with uterus or fallopian tubes • Unable to carry children on their own.
o Antibody problems that harm sperms or egg • Abnormal uterus or complete absence of uterus due to
o Inability of sperm to penetrate or survive in cervical post-hysterectomy
mucus • Complication of hysterectomy due to child birth such as
o Poor egg quality heavy bleeding or rupture or uterus
o Genetic disease of father or mother • Surgical removal of uterus due to cervical or uterine cancer.
o Unexplained fertility problem • Past implantation failure, miscarriages
• Severe heart or renal condition that can be harmful to
pursue pregnancy
• Biological impossibility of single men or same sex couples.

DOC CHING / MEB24 -SPECIAL TERM 11


TYPES SAVIOR SIBLING
TRADITIONAL SURROGACY is conceived through IVF to provide umbilical cord blood
biological mother of the baby for intended parents. The mother (hematopoietic stem cell transplantation ) for bone marrow
is genetically related because of the egg combined with donated transplantation in order to save the life of the older sibling from
sperms of intended father. Similar to adoption. fatal disease ( cancer or Fanconi anemia).
• The surrogates are blood relatives to the babies • they are born to donate HLA (human leukocyte antigen)
compatible body parts
GESTATIONAL SURROGACY • originally named “medicine babies”
modern method “extreme babysitting” whereby the baby is
created through IVF from donated egg and sperms of intended PROCEDURE
parents, then transplanted to the gestational surrogate’s uterus • Creation of multiple embryos
to be carried. • Preimplantation Genetic Diagnosis (PGD) to detect and
o the surrogates are not blood relatives to the babies select ones without genetic disorder
• Matching human leukocyte antigen (HLA) of siblings
METHODS • Taking umbilical cord blood upon birth, or bone marrow or
• Decide if surrogacy is the right choice. peripheral blood
• Prepare for surrogacy • Transplantation of hemapoietic stem cell or hematopoietic
• Find a match stem cell therapy.
• Satisfy legal requirements
• Begin the fertilization and embryo transfer ETHICAL GUIDING PRINCIPLES
• Welcome the new baby. • RESPECT FOR AUTONOMY - There is prioritization of
autonomy - one child over the other. Autonomy of parents
REQUIREMENTS supersede that savior child while the self-rule of savior
• AGE - preferably between the ages of 21 and 45) siblings is threatened even before they born. In this case
• Reproductive Background - had one full- term, that children cannot make decision for themselves, when
uncomplicated pregnancy where she successfully had at their autonomy is not seen legally?
least one child, and has had no more than five deliveries or
three Caesarean sections. • BENEFICENCE - The good the savior sibling will do for the
• TEST - must have mental health screening, complete sick child must be weighed to the suffering it will cause the
physical and medical screening is also required to prevent savior sibling. How sick is the child and if he or she gets
transmission of communicable diseases. treatment from a savior sibling, will it benefit in the end?
• LIFESTYLE - must live in a supportive home environment.
• NON-MALEFICENCE - If a doctor promises to do no harm,
ETHICAL INVOLVES THE FOLLOWING: who is he promising- the child or the parents and to what
• Social justice extent? How can these risks and benefits to two different
• Women ‘s rights people be compared?
• Child welfare
• Bioethics • JUSTICE - If the treatment does not work, was it all for
nothing?

DOC CHING / MEB24 -SPECIAL TERM 12


ETHICAL CASE ABOUT EXTENSION OF LIFE which if not stopped results in failure of the transplanted
Case about Extension of Life (Organ Transplantation) organ.
• Multiple inflammatory cytokines stimulate cytotoxic T cells
ORGAN TRANSPLANTATION to attack the transplanted organ while simultaneously
• is a medical procedure in which an organ is removed from inhibiting the action of protective T regulatory cells.
one body and placed in the body of a recipient, to replace a
damaged or missing organ CONVENTIONAL TREATMENTS
• It involves surgically replacing a failing organ with a healthy • help suppress the immune system and protect the
donor organ transplanted organ
• The donor and recipient may be at the same location, or • however, they often have severe side effects.
organs may be transported from a donor site to another • Importantly, certain immunosuppressive drugs also reduce
location
the amount of T regulatory cells in circulation, preventing
AUTOGRAFTS
the immune system from developing tolerance to the new
organs and /or tissues that are transplanted within the same
organ.
person's body.
• Natural interventions such as curcumin and omega-3 fatty
ALLOGRAFTS
acids may help lessen the inflammatory immune response
Transplants that are recently performed between two subjects
and promote more successful transplant tolerance.
of the same species. It can either be from a living or cadaveric
source. Conventional Medical Treatment
• Help Prevent Organ Transplant Rejection
Organs that have been successfully transplanted o Immunosuppressive drugs (eg, calcineurin inhibitors
• Heart, kidneys, liver, lungs, pancreas, intestines, [eg, cyclosporine])
thymus and uterus.
• Tissues include bones, tendons (both referred to as NATURAL INTERVENTIONS
musculoskeletal grafts), cornea, skin, heart valves, nerves CURCUMIN
and veins. a component of the spice turmeric, is a potent anti-inflammatory
• Kidneys are the most commonly transplanted agent. Numerous studies demonstrate curcumin's ability to
organs worldwide, followed by the liver and then the heart. inhibit inflammatory cytokines involved in transplant rejection.
• Cornea and musculoskeletal grafts are the most commonly An animal study showed mice that had heart transplants
transplanted tissues; these outnumber organ transplants by survived significantly longer when treated with an
more than tenfold. immunosuppressive drug in combination with curcumin than the
drug alone.
Organ donors may be living,brain dead, or dead via circulatory OMEGA-3 FATTY ACIDS
death. found in fish oil, known for their anti-inflammatory properties,
• Tissue may be recovered from donors who die of circulatory also suppress cytokines involved in transplant rejection. Many
death, as well as of brain death – up to 24 hours past the studies demonstrate their beneficial effects, including a study
cessation of heartbeat. where kidney transplant patients supplemented with fish oil
• Unlike organs, most tissues (with the exception of corneas) experienced better recovery of renal function after a rejection
can be preserved and stored for up to five years, meaning episode than control patients.
they can be "banked". RESVERATROL
has been shown to inhibit the activity of multiple inflammatory
TRANSPLANTS cytokines. Animals who received a genetically incompatible liver
transplant had reduced levels of cytotoxic T cells and survived
• Transplants offer a great solution for many patients with
significantly longer when supplemented with resveratrol.
organ failure and can improve their lifespan and quality of
QUERCETIN
life.
is known to modulate the action of several inflammatory
• Undergoing an organ transplant can lengthen a person’s life
cytokines. In combination with vitamin E, quercetin has been
and allow those with a chronic illness to live a normal
shown in vitroto combat the hepatotoxic effects of cyclosporine,
lifespan.
a common immunosuppressive drug. Quercetin also inhibited T-
cell proliferation, suggesting it may be effective in reducing
TRANSPLANTED ORGANS REJECTION
transplant rejection.
• donor organs are often rejected by the host's (recipient's)
immune system.
• The immune system recognizes that the new tissue is
foreign, causing an inflammatory attack on the new tissue

DOC CHING / MEB24 -SPECIAL TERM 13


VITAMIN D 5. Matching Organs to Potential Recipients
Researchers investigating the importance of vitamin D on Information on the organs available for donation, the donor's
transplant success found heart transplant patients with the blood type and body size is provided to clinical coordinator. The
lowest blood levels of the active form of vitamin D (1,25- computer then matches the donated organs to potential
dihydroxy vitamin D) were over 8 times as likely to die one year recipients. Recipient selection is based on blood type, body size,
post transplant than those with the highest levels. medical urgency and length of time on the waiting list. The heart,
liver and lungs are matched by blood type and body size. In
GRAPE SEED EXTRACT matching the pancreas and kidneys, genetic tissue type is also
The ratio of protective T regulatory cells to Th17 cells, T cells that considered.
are particularly aggressive, is associated with the likelihood of
transplant tolerance. Grape seed extract has been shown to alter 6. Offering Organs Regionally, Then Nationally
the ratio favorably and modulate immune response.
A computerized list of waiting patients in the matching blood
HIGHER HOMOCYSTEINE LEVELS group is provided to the coordinator who seeks to match organs
have been shown to be associated with increased mortality after with recipients in the donation service area. If a match cannot be
transplantation. Several natural interventions can lower
made for a specific organ within this area, the organ is offered
homocysteine levels, including B complex vitamins (vitamins on a regional basis, then nationally, if necessary.
B6, B12, and folate) and N-acetylcysteine.
POLYPHENOLS
7. Placing Organs and Coordinating Recovery
such as those found in green andblack tea, cocoa,
and pomegranate, have cardioprotective effects that may be When a recipient match has been found, the coordinator calls
beneficial after organ transplantation. the transplant center for the patient who matches the donated
organ(s). The patient's transplant surgeon is responsible for
making the decision whether to accept the organ. If the surgeon
Other natural interventions that may benefit transplant patients
declines the organ for that patient, the coordinator contacts
include coenzyme Q10, vitamins C andE, L-arginine, probiotics,
the transplant surgeon of the next patient on the list. This
and magnesium.
process continues for each organ until all of the organs have
been appropriately matched with recipients. The coordinator
STEPS IN ORGAN TRANSPLANTATION
then arranges for the operating room (for the recovery of
1. Identification of the Potential Donor by the Hospital
the organs) and the arrival and departure times of the transplant
Medical professionals at a hospital identify a potential candidate surgery teams.
for donation. The nature of the injury leads a physician to
determine the patient is brain dead or a potential donation after 8. Surgical Recovery of Organs
circulatory death (DCD) candidate.
When the surgical team arrives, the donor is taken to the
operating room where the organs and tissues are recovered
2. Evaluation of Donor Eligibility
through a dignified surgical procedure. In accordance with law,
Information is provided on the patient's medical status and the physicians recovering the organs do not participate in
recovery coordinator evaluates the patient. The evaluation the donor's care prior to the determination of brain death.
includes a medical and social history and physical examination of
the patient. This determines whether or not the patient is a 9. Preparing Recipients for Surgery
suitable candidate for donation.
Once the recipients have been identified, they are called by their
transplant surgeons for the final pre-operative preparations
3. Authorization for Organ Recovery
while the organ recovery process is occurring at the donor
If the patient is a candidate for organ and/or tissue donation, at hospital. Upon the organs' arrival at the transplant hospital, the
an appropriate time the legal next-of-kin is approached with the recipients are taken to surgery and the transplants
opportunity of donation. If a donor designation or individual are performed.
authorization by the decedent cannot be identified, the family
must give their consent in order for the donation process to 10. Distribution of Organs
proceed. If the family consents, the legal next-of-kin signs a
The coordinator takes a sample of the lymph node tissue to a
donor consent form.
laboratory for tissue typing and subsequent matching with
recipients. Other organs are taken directly to the recipients by
4. Medical Maintenance of the Patient
the surgical recovery teams.
Once family consent or donor designation has been provided,
the clinical coordinator, in concert with the hospital staff,
maintains the patient medically. In some cases, physician
support is requested on a consultation basis.

DOC CHING / MEB24 -SPECIAL TERM 14


BIOETHICAL ISSUES IN TRANSPLANTATION JUSTICE
• Transplantation raises a number of bioethical Issues The allocation of organs, cells and tissues should be guided by
o including the definition of death, clinical criteria and ethical norms, and financial or other
o when and how consent should be given for an organ to considerations. Allocation rules, defined by appropriately
be transplanted, constituted committees, should be equitable, externally justified
o payment for organs for transplantation. and transparent.
o Other ethical issues include transplantation tourism
(medical tourism) ETHICAL ISSUES FOR DEBATE
o more broadly the socio-economic context in which • Is human body a commodity? How should decisions be
organ procurement or transplantation may occur. A made about who receive scarce organs?
particular problem is organ trafficking. • Who should pay for transplants?
• There is also the ethical issue of not holding out false • Should one person receive several organs or several persons
hope to patients receive one?
• Should one person have second transplant when the first
GUIDING PRINCIPLE one fails or should a different person be given a first chance
AUTONOMY at a new organ?
Cells, tissues and organs may be removed from the bodies of • Should organs be donated to those persons who have
deceased person for the for the purpose of transplantation if: abused their bodies by drinking and smoking or only those
a. any consent required by law is obtained, and whose organs are damaged by disease? Should state law
b. there is no reason to beleive that the deceased person maker be involved in transplantation?
objected to such removal. •

BENEFICENCE ADDT’L
Physician determining that a potential donor has died should not ISOGRAFT
directly involved in cell, tissue or organ removal from the donor A subset of allografts in which organs or tissues are transplanted
or subsequent transplantation procedure; nor should they be from a donor to a genetically identical recipient (such as an
responsible for the care of any intended recipient of such cells, identical twin). Isografts are differentiated from other types of
tissues and organs. transplants because while they are anatomically identical to
allografts, they are closer to autografts in terms of the recipient's
Cells, tissues and organs should only be donated freely without immune response.
monetary payment or reward of monetary value. The prohibition
on sale or purchase of cells, tissues and organs does not preclude XENOGRAFT AND XENOTRANSPLANTION
reimbursing reasonable and verifiable expenses incurred by the A transplant of organs or tissue from one species to another.
donor, including loss of income, or paying the cost of recovering, Xenotransplantion is often an extremely dangerous type of
processing, preserving and supplying human cells, tissues and transplant. Examples include porcine heart valves, which are
organs for transplantation. quite common and successful, a baboon-to-human heart
(failed), and piscine-primate (fish to non-human primate) islet
NON-MALEFICENCE (i.e. pancreatic or insular tissue), the latter's research study
Minors and legally incompetent people no cells, tissues or directed for potential human use if successful.
organs should be removed from the body of a living minor for See: xenotransplantation.
the purpose of transplantation other than narrow exceptions
allowed under national law. Specific measures should be in place
to protect the minor and, wherever possible the minor assent
should be obtained before donation.

Physicians and other health professionals should not engage in


transplantation procedures, and health insurers and other
payers should not cover such procedures, if the cells, tissues and
organs concerned have been obtained through exploitation or
coercion of, or payment to, the donor or the next of kin of a
deceased donor.

DOC CHING / MEB24 -SPECIAL TERM 15

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