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Medical ethics case study
Case study in medical ethics
Medical ethics case study
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Audrianna LaMora Mr. Arthur English 10 mods 7-8 January 21st, 2015 Do we own our cells? In The Immortal Life of Henrietta Lacks Rebecca Skloot describes the case of John Moore, a man with Leukemia, who had his spleen removed. The doctor who did this surgery not only stole his cells but also sold them and made money off of them. The doctor did not inform John of his intentions. John’s cells now have a value of 3 billion dollars due to how valuable they are. When John found out about his doctor’s intentions he took to the doctor to court. The court informed John that everything the doctor did was under informed consent so it was found legal. The judge “rejected his suit because Moore did not have property interest in the cell line developed by his doctor and that his rights to privacy and dignity were sufficiently protected by doctrine of informed consent”(Devine) Today, due to that court case, patients who have any surgeries must sign a paper giving …show more content…
An unnamed patient decided to use his tissues in a research project. Before they started the project he had to sign a paper of informed consent that said that if he was to say no than the university could no longer use his tissues. The patient took this to court because the university claimed that they had all rights to his cells and that they could use his tissues by removing the name. Although the university believes that they may use his cells by just removing his name, the consent paper that the patient signed puts that in clear violation of the letter and the persons right to withdraw from the project(Burger). Informed consent is necessary in order to argue a case. Without informed consent a patient doesn’t really have any legal arguments over ownership of their cells. In some cases signing consent can’t always help win a case over the ownership of the cells/tissues inside of you. Many cases believing you own your cells/tissues have involved
In February 2010, author and journalist Rebecca Skloot published a book, "The Immortal Life of Henrietta Lacks," which included the stories surrounding the HeLa cell line as well as research into Henrietta Lacks' life. In 1951 a poor young black women, Henrietta Lacks was diagnosed with cervical cancer and at the time was treated in the “colored ward” or segregated division of Johns Hopkins Hospital. The procedure required samples of her cervix to be removed. Henrietta Lacks, the person who was the source of these cells was unaware of their removal. Her family was never informed about what had been accomplished with the use of her cells. The Lacks family has not received anything from the cell line to this day, although their mother’s cells have been bought and sold by many. This bestseller tells the stories of HeLa and traces the history of the cell while highlighting the ethical and legal issues of the research.
An abstraction can be defined as something that only exists as an idea. People are considered abstractions when they are dehumanized, forgotten about, or segregated and discriminated against. The scientific community and the media treated Henrietta Lacks and her family as abstractions in several ways including; forgetting the person behind HeLa cells, giving sub-par health care compared to Caucasians, and not giving reparations to the Lacks family. On the other hand, Rebecca Skloot offers a different perspective that is shown throughout the book. Rebecca Skloot’s book The Immortal Life of Henrietta Lacks describes the trials and tribulations the Lacks family has gone through because of HeLa cells and shows how seeing a person as an abstraction is a dangerous thing.
All I can say is amazing information of your glorious and late Henrietta Lacks. This incedible women bettered our society in ways no common human could understand at the time because of how complex this matter was and still very much indeed is. I know there is much contraversy with the matter of how scientists achived immortal cells from your late relative, and I do strongly agree with the fact that it was wrong for these researches to take advantage of this incredible women, but I know it is not for me to say nonethless it must be said that even though it was wrong to take Lacks’ cells when she was dying sometimes one must suffer to bring joy to the entire world.
In order to fully understand the significance of the life of Henrietta Lacks, one must first understand the nature of the historical moment in which she lived, and died. Henrietta Lacks was a poor, African American woman born in 1920; Henrietta lived in Clover, Virginia, on a tobacco farm maintained by many generations of relatives. This historical moment can best be understood when evaluated using a structural analysis; a structural analysis is an examination of multiple components which form an organization; structural analyses often focus on the goals and purpose of the organization in question. Henrietta and her family were greatly affected by structural violence, a type of systematic violence exerted via legislation and discrimination. Often following systematic violence is a separate type of violence, known as symbolic violence; this occurs when structural violence is viewed as normal based on media representation or popular
Dr. TeLinde and Dr. Gey were collecting samples for reasons that could potentially bring large benefit to society, but they did not consider how the individuals who provided the sample would directly benefit. In the case of Henrietta her tissue sample ultimately led to major medical advances, but due to the fact that when the sample was taken the researchers did not give forethought to the benefits and risks that might occur; therefore, Henrietta and her family were exposed to severe loss of privacy and did not receive any form of benefits from the widespread use of her cell line. The Belmont Report (1979) states how relevant risks and benefits must be thoroughly outlined in the documents used in the informed consent process. The research was not well designed in the assessment of risks and benefits component and did not consider this
The Immortal life of Henrietta Lacks is a book about the women behind the scientific revolution of using actual cancer cells to perform cancer research. Henrietta Lacks was an African American woman who was barely educated and worked as a tobacco farmer. At the age of thirty she was diagnosed with cervical cancer. In Lacks’ time being uneducated, African American, and a woman was not a great mix. They were often undermined and taken advantage of. When Lacks started to become very ill she went to the nearest hospital that would accept black patients. There the doctor, George Gey, misdiagnosed her illness and took a tissue sample without her consent. After suffering through her illness and trying to keep up with her five children Henrietta died
Without them, we would be decades behind because the average person would not find signing away a piece of their body acceptable. Skloot brings up a case where a man sues a scientist for doing research on his removed spleen without his consent. The author states that those in favor of research said it “…would ‘create chaos for reseachers’ and ‘[sound] the death kneel to the university physician-scientist’. They called it ‘a threat to the sharing of tissue for research purposes,’ and worried that patients would block the progress of science by holding out for excessive profits, even with cells that weren’t worth millions…” (203). The concern shown from the quote was that with extensive limitations on research and tight ethical codes, the information found would be inadequate at best. On one hand, you do need to be honest with the patient, but for the cost of so many lives, there needs to be a balance of creating breakthroughs and appeasing those who matter in the situation. In regards to Henrietta, she did sign a document to have any medical procedure done that was deemed necessary by her doctors. With that being said, she did unknowingly give away some of her rights as a
Most people live in capitalist societies where money matters a lot. Essentially, ownership is also of significance since it decides to whom the money goes. In present days, human tissues matter in the scientific field. Rebecca Skloot, author of The Immortal Life of Henrietta Lacks, shows how Henrietta Lacks’s cells have been used well, and at the same time, how they have been a hot potato in science because of the problem of the ownership. This engages readers to try to answer the question, “Should legal ownership have to be given to people?” For that answer, yes. People should be given the rights to ownership over their tissues for patients to decide if they are willing to donate their tissues or not. Reasons will be explained as follows.
In The Immortal Life of Henrietta Lacks, author Rebecca Skloot tells the true story of the woman who the famous HeLa cells originated from, and her children's lives thereafter. Skloot begins the book with a section called "A Few Words About This Book", in which a particular quote mentioned captured my attention. When Skloot began writing Henrietta's story, one of Henrietta's relatives told Skloot, "If you pretty up how people spoke and change the things they said, that's dishonest. It’s taking away their lives, their experiences, and their selves" (Skloot). After reading that quote, an array of questions entered my mind, the most important being, "Do all nonfiction authors take that idea into consideration?" Nonfiction is a very delicate and
“Ah, the creative process is the same secret in science as it is in art,” said Josef Mengele, comparing science to an art. He was less of an artist and more of a curious, debatably crazy, doctor. He was a scientist in Nazi Germany. In general, there was a history of injustice in the world targeting a certain race. When Mengele was around, there were very few medical regulations, so no consent had to be given for doctors to take patients’ cells and other tests done on the patients’ bodies without their consent. This was the same time that Henrietta Lacks lived. Henrietta Lacks was an African American woman who went to the doctor because she had cervical cancer. Her cells were taken and are still alive in culture today (Skloot 41). Hence, her cells were nicknamed Immortal (Skloot 41). Although many, at the time, saw no issue with using a patient without consent issue with what?, on numerous occasions since then courts have determined that having consent is necessary for taking any cells. The story of Henrietta lacks is has similarities to an episode of Law and Order titled Immortal, which is an ethical conundrum. Despite this, the shows are not exactly the same and show differences between them. Both of these stories, one supposedly fictional, can also be compared to the injustices performed by Josef Mengele in Nazi Germany.
Henrietta Lacks was born on August 18, 1920 in Roanoke, Virginia. She stayed with her grandfather who also took care of her other cousins, one in particular whose name is David (Day) Lacks. As Henrietta grew up, she lived with both her Grandpa Tommy and Day and worked on his farm. Considering how Henrietta and Day were together from their childhood, it was no surprise that they started having kids and soon enough got married. As the years continued, Henrietta noticed that she kept feeling like there was a lump in her womb/cervix and discovered that there was a lump in her cervix. Soon enough, Henrietta went to Johns Hopkins Medical Center to get this check and learned that she had cervical cancer. But here is where the problem arises, Henrietta gave full consent for her cancer treatment at Hopkins, but she never gave consent for the extraction and use of her cells. During her first treatment TeLinde, the doctor treating Henrietta, removed 2 sample tissues: one from her tumor and one from healthy cervical tissue, and then proceeded to treat Henrietta, all the while no one knowing that Hopkins had obtained tissue samples from Henrietta without her consent. These samples were later handed to ...
In “The Immortal Life of Henrietta Lacks,” Rebecca Skloot describes the life of an African American woman named Henrietta Lacks whose “immortal” cells changed both the field of science and her family’s lives forever. When Henrietta Lacks passed away due to cervical cancer at the young age of 31, her family accepted the fact that she was gone forever. However, little did they know that during her treatments, George Gey, a doctor at Johns Hopkins Hospital, took a sample of Henrietta’s cells and named them HeLa in hopes of finding one that multiplied infinitely. Suddenly, worldwide factories began to grow HeLa and began selling them to scientists for testing. During this process, Henrietta’s husband and 5 children had absolutely no idea that Henrietta’s cells were still alive because few knew the actual name of the patient who HeLa came from. Eventually, they found out and were furious at Johns Hopkins and refused to speak to anyone who wanted information on Henrietta. Throughout the book, Rebecca Skloot struggles
To begin, the ownership of the tissue should belong to the person until removed from the body with consent or no, which greatly complicates the issue. To illustrate, the instance where Dr. Jones at John Hopkins took samples of Henrietta's cervix tumor to use for cancer research by George Guy was a situation in which should be justified as the best course of action Dr. Jones took (53). Not only did the tissue taken provide the medical world a vital resource for research and study, but also it failed to have any negative effects on the deceased owner, Henrietta Lacks, yet many people found it as questionable. Moreover, the abuse of tissues taken from patients cannot be ignored such as the Moore v. Regents of the University of California Moore sued because he did not want the commercialization of his tissue and his doctor, Golde, did not inform him of the financial potential of his tissue before requesting consent; however, these abuses have demonstrated that the lack of “informed consent” when requesting tissue dona...
In looking at these instances, the doctors seemed to have thought their actions normal. They thought that since they were treating the patient they automatically had access to their cells, tissues, DNA, that they could take without permission and use to develop science or to even become rich and famous like Dr. Golde tried to do. One might say that no matter how useful a person's biological property can be to western medicine and science, it does not excuse the violation of privacy of a patient. Ostensibly, there is no need to worry about a patient saying no if the doctor has moral and beneficial intentions for the use of a patient's private, biological
Disclosure of pertinent medical facts and alternative course of treatment should not be overlooked by the physician in the decision making process. This is very important information impacting whether that patient will go along with the recommended treatment. The right to informed consent did not become a judicial issue ...