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ethical theories with reason as the source
natural law
kantian ethics
ethical theories with relationship as source
virtue ethics
utilitarianism
situational ethics
ethical theories with tradition as source
divine command theory
hippocratic oath
telos of medicine according to hippocratic tradition
physician as healer
how does hippocratic oath use covenantal language?
◼ A vertical oath
◼ A solemn and binding commitment
◼ Invokes a spiritual dimension
◼ More than a contract
how does the hippocratic oath establish a fiduciary relationship
◼ Covenantal arrangement based on trust
◼ High level of responsibility
the hippocratic oath is highly __________
deontological
beneficence
the quality or state of doing or producing good, namely the best interests of others
moral rules related to beneficence
altruism
charity
kindness
love
implications of beneficence for healthcare
◼ Healthcare providers should always act in the best interests of the patient
◼ Implies professional judgment and expertise
non-maleficence
“Primum non nocere” → First, do no harm.
◼ Idea is implied in the oath and embodied in the Hippocratic corpus
◼ We must actively prevent and remove harms from patients
◼ Includes the idea of confidentiality
specific prohibitions from hippocrates
suicide
abortion
distributive justice
Fair and equitable treatment of patients and distribution of the
benefits of healthcare
◼ Equal treatment of all patients, regardless of irrelevant factors
◼ Protecting individuals in marginalized groups
◼ Involves limiting barriers to legally-available treatments
strengths of hippocratic tradition
• Has endured for 2,400 years due to the self-evident nature of the principles
• Protects the interests of the individual patient
• Protects the sanctity and dignity of life as intrinsically valuable
criticisms of hippocratic tradition
• Does not consider societal good
• Relies heavily on the provider’s assessment (paternalism)
• Not broad enough to cover research ethics
key aspects of hippocratic oath
◼ Covenant with deity(ies)
◼ Covenant with teachers (professionalism)
◼ Covenant with patients
◼ Focused on the good of the patient (not the physician)
◼ Limits on ends (no abortion or euthanasia)
◼ Limits on means (for surgery – defer to someone more qualified)
◼ Medical Principlism initially crafted (autonomy added later)
autonomy
The right of competent patients to make informed decisions
about their own medical care
implies informed consent and decision making capacity
4 rules of modern medical principalism
beneficence
nonmaleficence
distributive justice
autonomy
competency
• Legal determination, made by a judge
• Requires a court order and designation of a guardian
decision-making capacity
• A clinical determination, made by a physician
• A patient may temporarily lose decision-making capacity due to illness, anxiety, anesthesia, or pain
informed consent
◼ Contractual agreement - Healthcare provider explains, patient agrees
◼ Ideally, informed consent should be a process, not an event
process of informed consent
provision of info (disclosure)
assessment of understanding (comprehension)
assessment of decisional capacity
assurance that consent is voluntary
patient consent
Informed consent by a patient with decision- making capacity
3 levels of consent
patient consent
substituted judgement
best interests standard
substituted judgement
• A surrogate makes decisions when patient lacks capacity
• Applies to adults with mental disabilities, minors, comatose patients, demented, or otherwise incapacitated patients
best interests standard
• Basis for implied consent
• Logical outworking of beneficence
why is a placebo ok in a research study?
patients know it is possible to receive placebo & they signed informed; there is no SOP in research study