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Patient rights and responsibilities thesis
Patients rights and importance
Respect beneficence and justicedefinition
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In this paper I will explain how the principles of autonomy, beneficence, non- maleficence, and justice apply in terms of Beauchamp’s article The Four Principle Approach. I will also argue the relevancy of these principles in the case of Mrs. Francois and her refusal of potentially life saving surgery, and allow these principles to guide my decision as to how the surgeon should proceed. I will further consider how Clouser and Gert’s A Critique of Principlism may challenge or improve my considerations, and conclude with the significance of such considerations.
The principle of Autonomy is the most relevant to this case. As discussed in Beauchamp’s article, respect for autonomy allows self-governance, responsibility for one’s own choices, consent
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The respect of the various facets of patients’ autonomy should be implemented as part of the surgeons approach. According to Beauchamp’s article, patients have the right to decide for themselves in regard to various treatment plans, provided that they receive complete, accurate and comprehensive information. Patient autonomy is complex and context is imperative to every situation. In this case, Mrs. Francois appears to be aware of the consequences of not receiving surgery, which suggests that she is capable of making decisions independently. Moreover, if there was still any remaining uncertainties regarding Mrs. Francois’ ability to make informed decisions, a third party should be brought in to asses her medical competence, such as a social worker or a psychiatrist. As stated in Beauchamp’s article, the autonomy of individuals expressed through informed consent is a fundamental value within this approach. In the case of Mrs. Francois, the surgeon is put in a difficult situation whereby the patient is in a life-threatening position and refuses treatment. If the surgeon takes on a paternalistic approach to treating this patient who appears to be coherent, the surgeon will be disregarding their patients …show more content…
Francois. I am deeming it the least significant because it refers to the obligations of fairness and equality, such as distribution of benefits and risks to all patients. In other words, it acknowledges that all patients are entitled to fair treatment, fair sharing of resources, balancing public and private benefit, cost-benefit analysis, balancing benefits and burdens. It is my understanding that the case study takes place in Canada, where we have equal access to resources. For instance, access to healthcare regardless of socioeconomic standing in Canada. In regards to equality in the provision of healthcare, some individuals are not treated with the same respect and fair treatment that others are. However, Mrs. Francois was treated appropriately by her physicians in this case. Therefore, the principle of justice was the least relevant to this case
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
The case of Marguerite M presents an ethical dilemma. Medical ethics play a special role in medicine and is directly concerned with its practice. Its role has continued to evolve as changes develop in
The ethical principle of nonmaleficence demands to first do no harm and in this case protect the patient from harm since she cannot protect. Nurses must be aware in situations such as this, that they are expected to advocate for patients in a right and reasonable way. The dilemma with nonmaleficence is that Mrs. Boswell has no chance of recovery because of her increasing debilitating mental incapability and the obvious harm that outweighs the intended benefits. If the decision were to continue treatment, suffering of the patient and family would be evident. Autonomy is the right to making own decisions and freedom to choose a plan of action. When making decisions regarding treatment of another person, it is important to respect the expressed wishes of the individual. John says that his mother would want to live as long as she could, but questions arise related to her quality of life and perception of prolonged suffering by prolonging the dying process. In BOOK states that quality of life changes throughout one’s life ...
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.
In the case study, Betty was adamant in refusing treatment, despite the risks of the illness progressing and potentially leading to death; under the laws of the medical treatment act (1988) any adult who exhibits competency has the right to refuse treatment, even if refusal of care increases the risk to their health, this right is based on autonomy (3). The information outlined suggests that Betty was capable of making a decision as she fulfils all the elements of consent; therefore she is competent and has the right to deny treatment. Betty acknowledges the risks of not receiving treatment and admits that not receiving treatment will make it difficult, demonstrating her sound understanding of the risk and benefits of the outcomes. For a patient to fulfil the element of understanding they must receive, process and incorporate the information they are provided with into their own personal values and Betty demonstrates this level of understanding by sticking to her values, her decision to stay home and by acknowledging the difficulties and risks of not receiving treatment (3). Once Betty received a diagnosis she was informed by the paramedic of the outcomes and potential risks of not receiving treatment for her condition, Betty was sufficiently informed with information and risks relevant to her situation, enabling her to make an informed decision (3). In order for consent to be considered voluntary, a patient must consent to treatment in an environment free of threat and pressure; if a patients decision is genuine they will also accept responsibility for the outcomes and understand the risks (3). Voluntary consent is a slightly grey area in Betty’s scenario, her son is potentially placing pressure on Betty with his demands, however, Betty expresses responsibility by admitting it will be difficult to and
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
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
Informed consent is the basis for all legal and moral aspects of a patient’s autonomy. Implied consent is when you and your physician interact in which the consent is assumed, such as in a physical exam by your doctor. Written consent is a more extensive form in which it mostly applies when there is testing or experiments involved over a period of time. The long process is making sure the patient properly understands the risk and benefits that could possible happen during and after the treatment. As a physician, he must respect the patient’s autonomy. For a patient to be an autonomous agent, he must have legitimate moral values. The patient has all the rights to his medical health and conditions that arise. When considering informed consent, the patient must be aware and should be able to give a voluntary consent for the treatment and testing without being coerced, even if coercion is very little. Being coerced into giving consent is not voluntary because others people’s opinions account for part of his decision. Prisoners and the poor population are two areas where coercion is found the most when giving consent. Terminally ill patients also give consent in hope of recovering from their illness. Although the possibilities are slim of having a successful recovery, they proceed with the research with the expectation of having a positive outcome. As stated by Raab, “informed consent process flows naturally from the ‘partnership’ between physician and patient” (Raab). Despite the fact that informed consent is supposed to educate the patients, it is now more of an avoidance of liability for physicians (Raab). Although the physician provides adequate information to his patient, how can he ensure that his patient properly ...
Charlotte’s parents thought otherwise, the Ethics Advisory Committee had to get involved. The debate surrounded if the doctors were in the right to control the life of someone who were incapable of deciding themselves, or is it the parents right. The Ethics Advisory Committee, stated that the parents were superior to those of the hospital and the hospital should conduct with less painful test. Charlotte’s parents wanted the doctors to continue testing until it was determined that her life diffidently had no chance of remaining. Because, of Charlotte’s parents’ desires unfortunately caused Charlotte to die a painful death without her parents. If the patient is unable to speak for their selves, the family should be able to have some say in the medical treatment, however; if the doctors have tried everything they could do, the hospital should have final decisions whether or not the patient dies or treatment
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 ...
The aim of the analysis is meant to clarify the meaning of the word autonomy thereby the introduction of a concept. Clarification is needed as the word autonomy does have several meanings and not all apply to medical terminology, some meanings span to philosophy, technology and general decision making. The medical meaning is significant in the care of patients for improved outcomes through choice and educated decision making on the part of the patient. Autonomy can be empowering as a concept or even as a single word.
Resources have always been inadequate for food, economics and healthcare and all scarce resources are rationed in one way or another. Healthcare resources can be in the forms of medicine, machinery, expensive treatment and organ transplantation. For decades, allocation of healthcare resources in an equitable manner has always been the subject of debate, concern and analysis, yet the issue has persistently resisted resolution. Scarcity of resources for healthcare and issue of allocation is permanent and inescapable (Harris, “Deciding between Patients”). Scarcity can be defined in general, in emergency and in crises as well as shortage of certain kind of treatment, medicine or organs. As a result of scarcity of resources, and some people may be left untreated or die when certain patients are prioritized and intention of is that everyone will ultimately be treated (Harris, 2009: 335). Allocation of limited resources is an ethical issue since it is vital to address the question of justice and making fair decisions. Ethical judgments and concerns are part of daily choice in allocation of health resources and also to ensure these resources are allocated in a fair and just way. This paper will explore how QALYs, ageism and responsibility in particular influence the allocation of healthcare resources in general through the lens of justice, equity, social worth, fairness, and deservingness.
Munyaradzi (2012) critically explores the in-depth weaknesses of beneficence and certain points where it becomes a principle under scrutiny. He begins by blaming ethicists for not exploring the depth of the principle of beneficence in several fields especially in biomedicine. Further, it provides the layman with an introduction to the principle and to how it is used by various health practitioners throughout the world, along with discussing the history of the idea. He then sheds light numerous cases where it becomes highly problematic for physicians to decide upon the issue. The author puts special emphasis on practicality in his writing with the help of certain case studies. Then, Munyaradzi provides with strategies and ideas with which this principle can be imparted in a better sense to the mankind.
Patients’ have the right to know all details related to the service or treatment that will be provided and the right to refuse any such service or treatment before it happens. This informed consent will communicate exact procedure details, pain intensity and or disability period encountered, risk involvement, and any alternative methods of treatment and its risks. A patient will receive a concurrence...