ethics and law help

For each case, also ask one legal and one ethical question that might present. Consider the principles of ethics from Week 1 and the laws addressed this week. You should also use outside references to dig deeper into each case for your list.

3 topics identified in paper below from last week

· The Principal of Justice

· Autonomy

· Non-maleficence

Health Care Ethics

Health care ethics is a set of beliefs, moral principles and values that guide health care centers and related institutions to make choices with regard to medical care. Some health ethics include: respect for autonomy, justice and non-maleficence (Percival, 1849).

The principle of justice in health care ensures that there is respect for people’s rights, fair distribution of health resources and respect for laws that are morally acceptable. There are mainly two elements in this principle; equity and equality. Equity ensure that are all cases have equal access to treatment regardless of the patients’ status in ethnic background, age, sexuality, legal capacity, disability, insurance cover or any other discriminating factors.

It is important to study this ethical issue of justice since there have been an increasing report of doctors and medical staff failing to administer certain treatment services to certain kind of patients. Consequently, there have been debates in countries such as the UK over the refusal to give expensive treatment to patients who are likely to benefit from the treatment but cannot afford it. One ethical in the principle of justice is as to whether the health care center is creating an environment for sensible and fair use of health care resources and no particular type of patients are shun away or stigmatized. The legal question is whether the health care center is breaking the law against inequality and discrimination particularly racism, tribalism, gender insensitivity and other discrimination noted and prohibited in the country’s constitution.

The second area of health care ethics is respect for autonomy. Autonomy means self-determination or self-rule. Hence, this principle stipulates that one should be allowed to direct their health life according to their personal rationale. The patients have a right to determine their own destiny freely and independently as well as having their decision respected (Pollard, 1993).

This principle is important for study because not many people would not want to be treated as those with dementia; a disease involving loss of mental power. Many people are afraid of the prospect of not being able to decide their own fate and exercise self-determination. An ethical question in this principle of respect for autonomy is whether the health care center ensures that the patient is provided with the best services and information that would help them make the best health decisions. Legally, the question would be whether the free-will decision made by the patient harms others either physically or mentally which would be unlawful.

The final area of health care ethics is non-maleficence. This is the voidance of causing harm. Therefore the medical staff members are expected to ensure within their capabilities that the patient should not come to harm. However, since most treatments involve some degree of harm to the patient, this principle further implies that the harm should not be disproportionate or inappropriate (Gillon, 1994).

One major ethical question is this area is how non-maleficence in certain circumstances goes against the respect of autonomy of the patient. It may be necessary to carry out a certain kind of treatment that was not desired by the patient but was essential to prevent occurrence of other ore serious health problems. The treatment may end up being painful, uncomfortable or unpleasant much to the disapproval of the patient but this treatment might have less harm compared to the harm that would have occurred if the treatment was omitted. A legal question in non-maleficence is in cases where the patient lacks legal competence to make a decision forcing the medical staff to act in his/her best interests taking into account the principle of non-maleficence. Even in cases where the incapable patient had made advance directives, it may not be clear whether the patient would be willing to change their decision if presented with the then current situation therefore leaving the decision on the medical staff’s hands.

References

Percival, Thomas (1849). Medical Ethics.Henry Parker Co.

Gillon, R (1994). Medical Ethics: The Four Principles.British Medical Journal.

Pollard, B (1993).Autonomy and Paternalism In Medicine. PMID