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“Paternalism” and “The Refutation of Medical Paternalism”
Justice in a health and social care setting
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Historically, medical paternalism was once the core ethical principle for physicians to practice medicine. Since the modern times, more and more people are getting close attention to patients’ rights when getting medical service, and medical paternalism has gradually aroused controversy. The current argumentation of medical paternalism mainly appears on its justification, with the focus on these two ethical values: respect for autonomy and beneficence. In this paper, I will further defend Alan Goldman’s position that medical paternalism should be refuted in some medical settings, in which the autonomous decisions made by once-competent but current incompetent persons should still be respected. Medical paternalism not only falsely views the …show more content…
Goldman believes that nothing in the world can replace personal autonomy over important decisions in an individual’s life, while personal autonomy has independent values (Goldman, 1980). Autonomy means self-determination by a competent individual, with liberty and agency as its two basic conditions (Beauchamp & Childress, 2009). A competent individual’s autonomous decision should always be respected because it comes from the person’s reasonable thinking and considerations based on the person’s own values of life. The case of Mary C. Northern is a good example for it. In consideration of the limitations of the disability, she made a very different judgment from her physicians. She would rather choose to be at risk for death than have her legs amputated. No person other than the only particular individual can better know about the best interests for him or her. This is also supported by Bernice Elger when analyzing the case of Monica (Elger, 2000). Also, respect for autonomy has already been taken into account in the modernized version of Hippocratic Oath, “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” (Lasagna, 1964). Autonomy empowers an individual the right of making rational decisions when facing medical problems, so does the right to act accordingly to …show more content…
It is considered a practice of beneficence by physicians because medical personnel uses their professional knowledge to make judgments on the patients’ interests and maintain those interests. Indeed, because of the asymmetry and inequality of professional knowledge and information, medical personnel are believed to be more authoritative than patients in the judgment of patients' medical benefits. However, medical interventions should not only involve the patient's medical benefits, but also other interests, such as freedom of religion and a pursuit of a certain way of life. Patients often need to make trade-offs among conflicting interests, and the balance should be based on the patients’ perspective. In this respect, patients are best qualified to speak on this question than the medical personnel. Without the independent will of the patients, the best patients’ interests cannot be judged rationally. However, medical paternalism forms judgments of patients' medical benefits from the medical personnel’ point of view rather than from the patients’
Autonomy is a concept found in moral, political, and bioethical reasoning. Inside these connections, it is the limit of a sound individual to make an educated, unpressured decision. Patient autonomy can conflict with clinician autonomy and, in such a clash of values, it is not obvious which should prevail. (Lantos, Matlock & Wendler, 2011). In order to gain informed consent, a patient
According to Terrence F. Ackerman, as of the 1980s the American Medical Association had to include the respect for a person’s autonomy as a principle of medical ethics (Ackerman 14, 1982). This includes having the physician provide all the medical information to the patient even if the information could cause negative implication onto the patient. The physician is also expected to withhold all information of the patient from 3rd parties (Ackerman 14, 1982). Although it is seen as standard in today’s world, in
The main reason paternalism is even debated revolves around one primary question: Is it beneficial to the patient? This one question has, and will continue to evoke strong responses from those who hold viewpoints across the spectrum. The spectrum varies from those who are in favor of paternalism, to those who think it should only be allowed if certain criteria are met, to those who strongly oppose it in any form at any time, but may consent to a few, rare occasions when it would be deemed acceptable. One such person who strongly opposes paternalism is Alan Goldman, and he presents his argument in an article entitled, “The Refutation of Medical Paternalism.”
In her book, Lisa Cahill, a theologian bioethicist does not object the necessity and a patient 's right to self-determination, or autonomy. Echoing the voices of Beauchamp and Childress, who both stress the necessity of informed consent, as an integral part of autonomy, Cahill views it as necessary in the prevention of abuse and unethical practices. She also views the principle of autonomy a means of recognizing the dignity of a human being that is reflected in Christian teachings. Cahill, however, does not want this principle to be the only one valued.
Another instance of how someone’s right to bodily autonomy can surpass the right to life can be understood when thinking about end of life scenarios. Marquis’s argument suggests it would be immoral for a doctor to take a comatose patient off life support, even if the patient previously arranged to be taken off life support. Following Marquis’s logic because a person in a vegetative state could theoretically wake up in the future, a doctor would be obligated to keep them on life support against their wishes. Additionally, as Marquis briefly mentions in his paper, people suffering from terminal illness must also be denied euthanasia (197). In find it troubling that Marquis seems to have arbitrarily decided that even adult human beings do not have the right to make medical decisions that would greatly lessen their suffering. Additionally, Marquis’s argument also suggests that committing suicide would not only be immoral,
Principles of Biomedical Ethics, by Tom Beauchamp and James F. Childress, has for many critics in medical ethics exemplified the worse sins of "principlism." From its first edition, the authors have argued for the importance and usefulness of general principles for justifying ethical judgments about policies and cases in medical ethics. The organization of their book reflects this conviction, dividing discussion of particular ethical problems under the rubrics of the key ethical principles which the authors believe should govern our moral judgments: principles of autonomy, nonmaleficence, beneficence and justice.
...r away from the thread of paternalism because the doctor is not inclined or able to take advantage of the patient.
Within public health, the issue of paternalism has become a controversial topic. Questions about the ethics of public health are being asked. The role of ethics in medical practice is now receiving close scrutiny, so it is timely that ethical concepts, such as autonomy and paternalism, be re-examined in their applied context (Med J Aust. 1994). Clinically, patients are treated on a one on one basis, but public health’s obligation is toward the protection and promotion of an entire population’s health. So, based on this difference, the gaping questions targeting public health now becomes, under what conditions is it right to intervene and override an individuals’ autonomy? And if so, is the paternalistic intervention justified? Part of the concern
None of the aforementioned factors acted singularly, and it is likely that there was interplay between them that lead to the doctors’ unethical actions. The Belmont report was an important step in combatting these types of unethical activities. Its focus on patient autonomy, nonmaleficence, justice, and benefice clearly outline each of these studies unethical acts, and will prevent patients from suffering at the hands of unethical activity in the
Alan Goldman argues that medical paternalism is unjustified except in very rare cases. He states that disregarding patient autonomy, forcing patients to undergo procedures, and withholding important information regarding diagnoses and medical procedures is morally wrong. Goldman argues that it is more important to allow patients to have the ability to make autonomous decisions with their health and what treatment options if any they want to pursue. He argues that medical professionals must respect patient autonomy regardless of the results that may or may not be beneficial to a patient’s health. I will both offer an objection and support Goldman’s argument. I will
Health professionals are constantly working on improvements because of ethical concerns that they face in their everyday lives. The relationship between a physician and a patient is often seen as a relationship with no errors or ethical concerns but that is not the case. There are constant adjustments that are made to ensure everyone is accounted for and treated in a humane manner. Although the health system focuses on accommodating for everyone, there are many times that adolescents suffer due to their inability to make their own decisions in a health setting. Adolescents do not have the ability to make their own decisions towards their health without parental or guardian consents and many times they also base their final decision on the bias opinions of their physician or parent/guardians. Some important key concepts to understand when analyzing this issue is what paternalism and autonomy means. Autonomy is when a person can freely make their own decisions and paternalism is when someone disregards a person’s decision, and does not allow autonomy (Vaughn,71). It is important to realize that promoting adolescent autonomy at an early age allows adolescents to practice self-care and be well informed about medical procedures (Beacham & Deatrick, 2013). In order to prevent these issues from
In his essay, “The Refutation of Medical Paternalism,” Alan Goldman discusses his argument against differentiation in the roles between physicians and patients. He says the physician may act against a patient’s will in order treat the patient in their best interest. Goldman makes his whole argument around the assumption that a person’s right to decide his or her future is the most important and fundamental right, saying, “the autonomous individual is the source of those other goods he enjoys, and so is not to be sacrificed for the sake of them.” His claim is that most people agree that they are the best judges of their own self-interest and there is an innate value in the freedom to determine their own future. On these principles, Goldman starts by discussing conditions under which paternalism may be justified.
The principle of autonomy states, that an individual’s decision must be respected in all cases, also an individual can act freely in accordance to their plan. For example, in a case where a patient and family demands to continue medical or surgical care and a physician want the patient to stop further treatment. In this case the patient’s choice will matter the most. According to the principle of autonomy it will be the patients and family choice whether to continue or discontinue treatment. The principle of beneficence which states, “one must promote good” comes into play in this case. In accordance to beneficence the patient will not benefit from the physicians responses personally. He/she will not benefit from harming her body with more surgeries. The patient will be going against the principle non-maleficence, which states that “one must cause no harm to an individual” by causing harm to herself. In this case the physician is justified in his/her actions by discontinuing medical or surgical care to the patient because it will not it her. These principles are what healthcare provider use to help and guide patients with the ...
Autonomy is another value that I cherish in patient care. Autonomy is descried as giving control and right to the individual to make choices (Cherry & Jacob, 2013). This is so important because nobody wants to lose their ability to make choices and make decisions. Autonomy is letting the patients make their decisions concerning their diagnosis and how health care is provided for them. To me giving the patient the ability to exercising autonomy is empowerment. For instance, I like to give my patients the choice to make decisions from the very little things such as if they would like to shave by themselves or would have someone shave for them, to the not so little choices as to making major decisions about diagnosis and treatment
The writer asserts that, although the doctor upholds the dignity of oaths by preventing or terminating any harm towards the patient, equally important is assessing the possible benefits and drawbacks of any treatment. Therefore, it is vital to discuss the principle of beneficence under two subheadings, positive beneficence and the utilitarian principle (Beauchamp, 1989, p.195).