Egoistic*
When a child ate a cookie because they wanted it
Based on self interest
Authoritative*
When your mom told you not to eat the cookie so you don't
Obedience of the most powerful
Important part of patient centered care (if a patient tells you they cant get a synthetic blood transfusion because of their religion you try and figure out another way to give them care because the religion is the patients authority)
Deontological*
Kant
Looking at the action is it right or wrong
2 maxims
1. The action must always be okay (ex. Someone stealing a piece of bread cause they are starving that is never okay because stealing isn't okay)
2. Do not use people in order to get something (ex. Flirting back w a boy you don't like to get into the party you are using him as a means yo get into this big party)
Ex. There is a man of a bridge, he has a bomb strapped to him and is threatening to blow the bridge up. Do you push him off and save everyone?
Maybe yes, is it okay to kill people?
Teleological*
John Stuart Mill and Jermy Bentham
Based in terms of the progress towards a goal or end
The most good for the most amount of people
Ex. There is a man of a bridge, he has a bomb strapped to him and is threatening to blow the bridge up. Do you push him off and save everyone?
Yes, one person dies for the greater good
- AKA Classical utilitarianism/ Rule consequentialism*
Anytime we create a policy/rules to lead to long term most good
Ex: you should not kill one person to save another
Preference utilitarianism*
R.M. Hare
Actions are good if they maximize the satisfaction of preference or desires, no matter what the preference may be for
Ex. someone is in hospice and they are soon to transition to be w there ancestors but the people here wanting the person to stay w us not w the ancestors no matter the pain and suffering
Ex. giving a pregnanct women cigs is ethical because it maximizes her desires
- Negative consequentialism
Reduction of the most amount of suffering not maximize happiness
Ex. one perosn is starving and doesnt have food and 9 others have food to eat a chef has enough ingredients to make 6 cupcakes or a load of bread they would make the loaf of bread so the one person would get enough food to be satisfied
Virtue ethics*
Aristotle
Achieving the best you are
Healthcare Virtue
Beauchamp and Childress
Non maleficence
Do no harm
Justice
Distributive justice
Proper sharing of property, benefits, and burdens
Ex. you do all the work but all people in the group got the same grade (you did the burden but everyone is getting the benefit)
Procedural justice
The proper application of the rules
Beneficence
To do good
- Autonomy
- the ability to decide for ones self
Natural law*
Thomas Aquantas
Ex. There is a man of a bridge, he has a bomb strapped to him and is threatening to blow the bridge up. Do you push him off and save everyone?
No, killing him leads to saving lives. The bad thing cannot lead to the good thing
Double effect principle
AIM high
The good must outweigh the bad
The actor must intend only the good thing not the bad
The bad must not be a means to the good
The action must be good or at least morally neutral
Moral Principles
Prima facie
Applies in all cases unless an exception is warranted
Ex. some people believe honesty among friends is an absolute principle but if your friend asks if his gf is ugly and you sau no that is an exception
Absolute principle
Ex. when your sick you quarantine yourself; when your in a relationship you don't cheat at all
Applies without exceptions
Moral objectivism
The view that there are moral norms or principles that are valid or true for everyone
Ex. rape is wrong
Ethical relativism
The view that moral standards are no objective but are relative to what individuals or cultures believe
1. Subjective relativism
The view that right actions are those sanctioned by a person
The individual choosing what they think is right or wrong
2. Cultural relativism
The view that right actions are those sanctioned by ones culture
Deductive argument
Gives logically conclusive support to its conclusion
Inductive argument
Gives probable support to its conclusion
Stakeholders
Proximal
People are directly effected by the moral dilemma
Distal
People who are indirectly effected by the moral dilemma
Feminist ethics*
Does not support gender essentialism
Simone Debeaver
Power: challenge, on moral grounds, the role of power in decision making (ex. Abortion rights in the US of the justices only 4 of them will actually experience pregnacy the power was decided and determined by men when there are women on the court the men override the women)
Particularity: decision making process in a case by case basis
Relationality: inclusion of differing perspectives for an individual to make the most well-rounded decision for themselves
Counterstories: inclusion of differing perspectives to make the most well rounded decision for others (ex. Before making a decision for a group listen to all 4 of the people in the group not just 1 person)
Epistemic injustice: imbalance of knowledge (doctor vs. patient) privilege of knowledge, resources or credibility
Testimonial injustice: individuals who present the information are not given full credibility (Ex:woman goes to the doctor saying something is wrong and the next thing you know the woman has a tumor because the doctor didn't believe)
Hermeneutical injustice: when experiences cant be understood or known (no words for it)
Essentialism:*
belief that certain phenomena are natural, inevitable and biologically determined
Ex: male, female, xy chromosomes
Constructionism:*
Belief that reality is socially constructed and emphasizes language as an important means by which we interpret experience
Ex: race
Androcentrism:*
Men are the norm for human beings
Ex. woman are excluded from medical studies because of pregnancy and hormonal changes which means we don't know how women respond to drugs
Autonomy*
A persons capacity for self governance or self determination a person should be allowed to exercise their capacity for self determination
3c’s
Consent (continuous)
Competency
Freedom from coercion
Coercion:*
Financial
Financial factors play a major role in decision making about medical desisions they are coercive and make voluntary choice impossible
Ex: “you are not allowed to have your desert until you take your medications”
Physical
Physical intimidation to assent by fearing for ones life or well being
Ex: Putting a gun to someone's head
Psychological
Threatens the relationship in the extreme can be seen as black mail
Ex: “you are a horrible daughter if you don’t donate blood to your family”
Paternalism: the overriding of a person's actions or decision-making for his or her own good*
Weak: directed at persons who cannot act autonomously or whose autonomy is greatly diminished
Strong: The overriding of a persons actions or choices although he or she is substantially autonomous (mentally strong)
Humanism (humans and only humans)
Vitalism (all and only living entities)
Racism (all and only members of one race)
Nationalism (all and only citizens of one nation)
Sexism (all and only those of one gender)
Universalism (all and only sentient creatures)
Mature Minor
Legal doctrine that enables minors who are deemed mature (are able to understand the nature and consequence of medical treatment) to consent to or refuse treatment
Parham v. J.R.
Appelles children being treated in georgia state mental hospital instituited in federal distrcit court
Appelles sought a declaratory judegment that georgias procedures for voluntary commitment of children under the age of 18 to state mental hospital violated the due process clause of the 14th amendment and requested an injunction aaisnt there future enforcement
They said most children even in adolescence are not able to make sound judgements including there need for medical care or treatment and decided parents can and must make those judgements
Issues of Consent: Minors
Weithorn and Campbell
Gave them 4 dilemmas and asked them what they would do
Do people at different ages choose different option and does it vary for gender
The results there is no significant difference in decision making between 14,18,21
8.5 they make a different choice than the rest
But it tells us 14 year olds know what they want as well as 18, 21
Consent:
Voluntary based on knowledge of the situation and potential consequences
Rational
Not a single event
Minors exception:
Emancipated minors
Parents are entitles to promission ecause of legal responsibility except in cases of abuse or neglect
What is a mature minor? How is a mature minor different from an emancipated minor?
Mature minor is is medical decisions on there own but that varies state to state
Emancipated to legal and is in every state and they are completely free
Physician autonomy
The freedom of doctors to determine the conditions they work in and the care they give to patients
Medical futility*- the argument that something should be done cause it works or shouldnt be done cause it doesnt work
Quantitative: The intervention is highly unlikely to achieve the desired effect
Ex. being on life support; giving men orange juice as a form of birth control
Qualitative: When the intervention if successful will probably produce such a poor outcome that it is deemed best not to attempt it
Ex. asking to redo a quiz that is worth 5 points when you have a 50 in the class (because it will help you but not enough for it to be worth it)
Physician patient relationship
The paternalistic model
I decide for you
The informative model
I give you facts
The deliberative model
In addition, I tell you my preferences
The interpretive model
I give you facts and help you find your preferences
Confidentiality:*
is when you give your information to a healthcare provider that they do not share the information
Ex. you go to the pool and your student is a life guard and sees your tattoos they are expected to keep the tattoos they see confidential from others
Privacy
is when you give your information to a healthcare provider that they do not share the information
Ex. when the dr comes into the room when changing your clothes and the nurse knocks on the door and enters before you can say anything and you say can i have some privacy (you are controlling that they see)
Privacy act of 1974*
It is against the law for the government to share information about yourself to other agencies unless you consent to it
Cooper vs. FAA
Cooper a pilot got diagnosed with HIV he needs a medical certificate to maintain his job as a pilot the FAA does nto give medical certificates to people with HIV so when he applied he did not disclose that he had HIV or the medication he has been taking for it and the FAA gave him a medical certificate
Than his health got worse and he applies for long term social security benefits with teh SSA (social security administration where he disclosed his status
Than the SSA disclosed it to the FAA he was than indicted than Cooper filed a suit for mishandling of medical records
Having failed to state such a claim, the court ruled that Cooper could not make a claim for relief under the Act. That court also held that when the statutory language is ambiguous, the "sovereign immunity canon" requires a court to construe the damages provision in favor of the Government. The case was dismissed.
Health insurance portability and accountability act of 1996*
HIPPA allows the ability to request your medical records , allow you to dispute information of file, and limit who has your health records
Title 1 of HIPAA protects health insurance coverage for workers and their families when they change or lose their jobs
Title 2 of HIPAA known as the administrative simplification (AS) provisions, requires the establishment of national standards for electronic health care transactions and national identifiers for providers, health insurance plans, and employers
Title 3 sets guidelines for pre-tax medical spending accounts
Title 4 sets guidelines for group health plans
Title 5 governs company-owned life insurance plans
HIPPA does not protect
Child abuse
If a patient makes a serious threat of phusical violence againat a resobably identifiable victim
Communicable disease
elder/dependent abuse
Weapon related wounds
Maasai
Ethno medical
Falls under the anthropological approach and is an approach to medical ethics, which would encompass a broad range of areas, including the complex relationships that exist between healers and patients, among grounds of healers, and between heathers and the larger society
Anthropological approach
Use local societal norms and cultural perspectives
A. medical dilemma and the ways in which it is handled depends on cultural conditions that influence healt and illness behavior
B. different cultural systems have different standards for behavior and different expectations for relationships that are played out in healthcare arenas
C. Places emphasis on the dilemmas resulting from cultural pluralism, this because we are different there are ethic issues
D. Challenges the field of bioethics as a cultural phenomenon
In the Maasai culture, the family or the doctor and the family often make decisions about a patients health care
Contrary to western culture
Collective autonomy
the concept that decisions and consent are made by the group
Massai health and medicine
Directives and living wills do not existe
Members of the family make decisions for care for everyone
Two most important things are children and cattle
Stuttering experiment or monster study*
University of Iowa
Wendell Johnson and Mary Tudor
To test if you are born a stutter or if it is developed (they are normal speaking kids mixed w kids w a stutter and they are telling the kids they sound like the kids who are stuttering)
Unethical practice of practicing on orphans
Non maleficence (do no harm) they did harm they originally didn't have a stutter but now they do
Skid row cancer study*
Perry Hudson
Surgical biopsies of their prostates to see if they had cancer in return they got a clean bed, a few day of meal and free medical care if they had cancer
Vulnerbale populations: racial minorities
US public health service
Wanted to see if there was a difference between black and white men experiencing illness
They didnt stop once there was a cure for syphilis
Milgrim shock and experiment or obedience study
Yale
Milgrim
Wanted to see if people would follow orders
Got repeated at La Trobe University by Dr. Bob Montgomery
Wanted to see if they would kill people they knew
Vulnerable populations: international groups
Racism
Inherency*
The notion that certain traits of mind, character, and temperament are inescapably part of a racial groups nature
Inferiorization:*
The treatment of certain groups as inferior to other groups
Racial antipathy:*
General racial bigotry, hostility, and hatred
Scientific racism*
The attempt to prove there are separate races, race explains basic differences among people, some races are superior to others
Racism is morally wrong
Resecot for persons
Persons possess inherent worth and have rights- the rights of free expression, choice, and privacy, the right not to be coerced, enslaves, cheated or discriminated agaisnt (according to Kant people in themselves posses inherent worth and rights like all the ones listed above)
- Utility:
-We should produce the most favorable balance of benefit over harm for all concerned and racist beliefs, words, and actions can do harm or lead to harm that is magnified when operating through institutions, corporations, governments, and the law
- Principle of justice
- Equals should be treated equally unless there is a morally relevant reasons for treating them differently- and racial difference is not morally relevant (this is all about fairness)
Ex. if they carry a greater burden they should be given distributive justice thats a reason to treat them differently but as far as race goes everyone should be treated the same
Individual racism:* Person to person acts of intolerance or discrimination
Structural racism:* Unequal treatment that arises from the way organizations, institutions, and social systems operate
Reasons for race-based health disparities
Laying the blame on socioeconomic status (SES) is too simplistic:
Chronic exposure to racial discrimination has deleterious effect on the physical and mental health of individuals
Residential segregation can exacerbate the rates of disease among minorities and reduce the sense of urgency about the need to intervene
Implicit bias and prejudice leads to widespread differences in health care by race and ethnicity
Nielsen v. preap:*
Which Supreme Court case allows the detention of non-citizens in the United States without a bail hearing (hint* this is related to moral community based on nationalism)?
Personage
Precautionary principle: one should ask those proposing the innovations or changes to show that no biological or social harms will happen
Ex: When someone creates something facebook or google its not on society to determine the harms its the person who is proposing the change (the creator)
Technological imperative:* what can be done should be done
Ex: If there is the ability to create a robotic arm to help in surgery the imperative is since we can do this we should do this
Surrogacy Ethical issues:*
Exploitation of the poor
Autonomy/ consent
Buck vs. Bell: *
What is legal is not ethical
This girls as taken out of school, limited education, put in foster care, given to an abusive family, rapped by family, and then institutionalized and sterilized against her consent cause her guardians and the state deemed she was not worthy to have children again
Positive rights*: things that are given to you (ex. A drivers license)
Negative rights*: liberties (cant be taken away) (ex. Freedom of speech)
Assisted reproduction therapy: Donor insemination is commonly used when the husband/male is infertile
Szafranski vs. dunston:*
dunston got cancer and needed chemo and she asked szafranski to provide sperm to be combined with her eggs creating embryos
The court sided with dunston, stating that their oral agreement was to be upheld and rejected szafranski asserting that the medical informed consent document signed by both parties modified their oral contract
Power of attorney:* a person to make health care and end of life decisions for you in case you are unable to make those decisions
Living will:* a legal document that states what you would like to occur in regards to your healthcare in case you become unable to communicate these instructions
(Alabama*, Idaho, Utah, Michigan, Missouri, voids living will if you are found to be pregnant)
Euthanasia
Active euthanasia: performing an action that directly causes someone to die; “mercy killing’
Ex. giving someone a lethal injection
Passive euthanasia: Allowing someone to die by not doing something that would prolong life
Ex. taking someone off of oxygen
Voluntary euthanasia: Performed when competent patients voluntarily request or agree to it
Involuntary euthanasia: bringing about someone's death against their will or without asking for their consent while they are competent to decide (death penalty)
Nonvoluntary euthanasia: Euthanasia performed when patients are not competent to choose it for themselves and have not previously disclosed their preferences
Physician assisted suicide
Permitted in Netherlands and Oregon
Slippory Slope Argument: The argument that allowing active euthanasia or physician-assisted suicide will inevitably lead to heinous extensions or perversions of the original practices
Definitions of Death
Traditional view
Standard in law and medicine
Alternative notion
Patients self determination act of 1990 (PSDA)
Inform patient of their rights under state law to make decisions concerning their medical care
Indicare in the patients medical record whether he or she has executed an advanced directive
Not discriminate against persons who have executed
Budget reconciliation act of 1990 social security act
XVII (medicare)
XIX (medicaid)
Benitez vs. North coast women's care medical group (2008)
Benitez filed lawsuit alleging discrimination under Unruh Act 1959
Doctors wouldn’t perform IVF
Unruh act (1959, Calidornia)
A business cannot discriminate upon a person no matter their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation everyone is entitled to full and equal accommodations
Coming out: the process by which LGBTQ+ people disclose that they are queer
Inviting in: shifts traditional power dynamics that benefit people in positions of privilege by acknowledging that no one is owned or should expect to have access to information about people, especially people they are not in a relationship with (you are observant)
Norman daniels
Fabrication
is making up data or results and recording or reporting them (filling out your own survey randomly to get the amount your supposed to)
Falsification
manipulation research materials, equipment, or processes, or changing oe omitting data or results such that the research is not accurately represented in the research record (taking out someones data to get the results you may want)
Plagiarism
the appropriation of another person's ideas, processes, results, or words without giving appropriate credit (copying someone's sentence in your own paper)
Macroallocation: what portion of a society's resources should go towards healthcare
Pandemic
a widespread occurrence of an infectious disease over a whole country or the world at a particular time (ex: COVID-19)
Epidemic
an outbreak of disease that spreads quickly and affects many individuals at the same time (ex: ebola)
Shared aspects of feminist and queer ethics:
Emphasizes the need for the investigation of the role of race and class in ethics decision making
Challenges androcentrism as a norm for ethical consideration
Qualitative Curative
Futility
●Donor insemination is commonly used when the husband/male is infertile
●Egg donation is commonly used when the wife/female is infertile
●Surrogate is a woman who bears a child on behalf of another person or a couple
●The birth of Louise Brown in 1978
(first “test tube” baby)
●The first pregnancy through the use of a cryopreserved pre-embryo happened in 1983
●In 1993 the first post menopausal pregnancy occurred in Italy
●Islam literally means ”peace” and “submission
●The word “Allah” is the Arabic word for God
●The Islamic declaration of faith is: “There is none worthy of worship except Allah; Muhammad (PBUH) is the messenger of Allah”
●Islam teaches that there is no inherited sin, our actions and choices in life that can be sinful or virtuous
●Two major branches are Sunni and Shīʿa
Sharī’a is the broader legal and ethical framework guiding Muslims, applicable to all branches of Islam.
The instructions that regulate everyday activity of life.
The primary sources of Sharī’a in chronological order are:
●the Holy Quran
●the Sunna the traditional portion of Muslim law based on Muhammad’s (PBUH) words or acts
●the Hadith, which is the authentic traditions and sayings of the Prophet Muhammad (PBUH)
the Igmaa (Ijma), consensus
●ijma al-ummah - a whole community consensus
○Refers to the agreement of the entire Muslim community on a specific issue.
●ijma al-aimmah - a consensus by religious authorities
○Refers to the agreement of qualified religious scholars or jurists on a matter.
●Kias (Qiyas-analogy), which is the intelligent reasoning to match current events against similar or equivalent events from the Quran
Sunni branch forbids a third party contribution to reproduction
Shīʿa branch permits egg donation and surrogacy
Sunni:
No mixing of genes
• no sperm donation
• no egg donation
• no embryo donation
• no surrogacy
Shīʿa
Third-party participation including:
• Egg donation
• Sperm donation
• Surrogacy (ex. between the wives of one husband)
Family planning for Sunni and Shia:
●Temporary methods like contraceptive pills, IUDs, injectables, implants, condoms, diaphragms or other methods are permitted
●Permanent contraception is permitted if pregnancy and childbirth endanger the life of the mother
LGBT ethics fights on the behalf of rights and entitlements of the medical
system and society at large
Some of these battles include:
1) subsidized fertility treatments
2) sex reassignment surgery and
3) other medical assistance that serves as social values of heteroconformity.
Examples Bioethical concerns of LGBT:
●Access to Veteran Affairs for Veterans who were discharged because of sexual orientation
●Definition of next of kin in cases of sexual minority groups (polyamorous couples)
●Protection of confidentiality in healthcare research for members of the LGBT community (Guardian Permission Waivers)
Queer visibility in society as a whole and healthcare in particular.
Queer ethics examines and highlights the abuse of Queers by the medical industry.
Gender essentialism is supported by LGBT bioethics, Queer bioethics
rejects it.
Sex reassignment surgery, gender confirmation surgery, facial feminization are part of heteroconformity.
Heteroconformity is the mimicking of heterosexual lifestyles by gay and lesbian people.
Heteronormative triumvirate: marriage, children, and procreation
LGBT Ethics: Supports traditional gender norms (heteronormativity). Therefore, facial feminization surgery is seen as a valid medical right, aligning with these norms.
Feminist Ethics: Opposes fixed gender roles. Feminist ethics reject facial feminization because it reinforces a male-created standard of how women should look.
Queer Ethics: Opposes erasing diversity in gender expression. Facial feminization is seen as conforming to narrow ideas of what it means to be a woman, which queer ethics do not support.
Feminist ethics and queer bioethics does not believe in gender essentialism
Inherency: Belief that certain traits are part of a racial group's nature.
Inferiorization: Treating certain groups as inferior.
Racial Antipathy: Hatred or hostility towards other races.
Example: Believing one race is naturally smarter than
another.
RACISM IS SCIENTIFICALLY WRONG
●Race is not biologically real.
●It is a social construct, not a physical trait.
Example: "Racial differences" are based on social beliefs, not science.
SCIENTIFIC RACISM
●Attempts to prove some races are superior based on false science.
●Discredited due to bias and errors.
Example: Old studies claiming one race is "biologically" superior to others.
●Race impacts resources, opportunities, and policies.
Example: Laws and programs designed to address racial inequality.
Health Disparities and Race
●Infant Mortality: Higher rates among African Americans compared to whites.
●Life Expectancy: African American males have a lower life expectancy than white males.
●Death Rates: African Americans face higher death rates from heart disease, cancer, and diabetes.
Example: African Americans experience higher infant mortality rates than white Americans.
Why Health Disparities Exist
●Racial Discrimination: Causes stress and poor health outcomes.
●Residential Segregation: Leads to limited access to healthcare.
●Implicit Bias: Healthcare providers may give different care based on race.
Example: Minorities may not receive the same quality of care due to bias.
●Autonomy – the ability to decide for oneself
●Non maleficence- not doing wrong toward another
●Beneficence- the practice of doing the good thing
●Justice
○Distributive justice- proper sharing of property, benefits, and burdens
○Procedural justice- the proper application of the rules
Examples of Beneficence
●Providing Life-Saving Care: A doctor performs emergency surgery to save a patient’s life.
●Promoting Preventive Health: A nurse organizes a vaccination drive to protect a community from disease.
Violation of Beneficence:
●A healthcare provider neglects to inform a patient about a new, effective treatment for their condition, denying them the chance for better health.
Examples of Non-Maleficence
●Avoiding Harmful Treatments: A pharmacist refuses to dispense a medication with known harmful side effects when safer alternatives are available.
●Careful Surgical Practice: A surgeon double-checks all instruments to prevent retained surgical items.
Violation of Non-Maleficence:
●A doctor prescribes a medication without checking the patient’s allergies, resulting in a severe allergic reaction
Inductive Reasoning
●Definition: Draws general conclusions from specific observations.
●Process: Starts with specific instances → forms a general rule.
Example:
Observation: Every cat I’ve seen has fur.
Conclusion: All cats have fur.
Risk: Conclusions may not always be true, as they are probabilistic.
Deductive Reasoning
●Definition: Derives specific conclusions from general principles or premises.
●Process: Starts with a general rule → applies it to specific cases.
Example:
Premise: All cats have fur.
Observation: Felix is a cat.
Conclusion: Felix has fur.
Strength: Conclusions are logically certain if premises are true.
Key Difference:
Inductive: Generalizes from specific cases; less certain.
Deductive: Applies general rules to specific cases; logically definite.
Confidentiality
●Definition: A professional duty to keep personal health information private unless the patient consents to sharing it.
●Focus: The ethical and legal obligation of healthcare providers.
Example: A nurse cannot share a patient’s test results with others without the patient’s permission.
Right to Privacy
●Definition: A person’s right to control who has access to their personal information and how it is used.
●Focus: The individual's autonomy over their information.
Example: A patient decides not to disclose their medical condition to their employer.
Macroallocation
What portion of a societies resources should go towards healthcare
Microallocation
Who should receive specific resources