Beruflich Dokumente
Kultur Dokumente
TRANSCRIPTIONS
BATCH 2016
AY 2012 – 2013
COMPILED BY MARIE MAE PANTOLLA BATCH 2016
SUBJECT: BIOETHICS Bioethics goes beyond ethical issues in medicine to
COPY PASTE BY: MARIE MAE PANTOLLA include ethical issues in:
BATCH 2016 • Public health
• Population concerns
BIOETHICS 1 • Genetics
• Environmental health
The course involves the study of the fundamental concepts • Reproductive practice and technologies
of general ethics and the foundations of Bioethics. Here, • Animal health and welfare and the like
students are made aware of their moral responsibilities as
Christians as they exercise their profession. It is ISSUE AREAS IN BIOETHICS
emphasized that as medical students, they should know 1. The rights and duties of patients and health
where decisions are based in order to be ethical and professionals.
Christian-oriented physicians. The course also includes 2. The rights and duties of research subjects and
related values and virtues that are necessary for the researchers;
enhancement of morality in the practice of medicine. 3. The formulation of public policy, guidelines for clinical
care and biomedical research.
ELGA
The expected lasallian graduate’s attributes (ELGA) are: WHY IS THERE A NEED TO STUDY BIOETHICS?
• Ethically competent 1. there is a physician-patient relationship
• Ethically efficient 2. the physician is a healer of another’s body
• Imbued with the spirit of faith 3. the physician does not have a total right and/or
• Virtuous obligation over the patient
• Reveres life: promotes and defends life 4. the physician must be guided by principles
• Respectful towards the human person 5. the physician must be able to decide on certain
• Compassionate and safe physician actions/procedures without prejudice to the patient
• Ethically responsive
• Just HUMAN ACTS
• Responsible for oneself and responsible to OBJECTIVES:
others/patients 1. To define human act
• Respectful to human rights 2. To differentiate human act from act of man
• Effective communicator 3. To analyze the nature of the human act
4. Describe the kinds of voluntary acts
INTRO TO BIOETHICS 5. To describe the effects of voluntary acts
OBJECTIVES 6. Indentify the impairments of human acts or to
voluntariness
1. To define the different ethical sciences 7. To judge the imputability of a human act
2. To identify the similarities of the ethical sciences
3. To differentiate the ethical sciences from one HUMAN ACTS
another Actions that proceed from insight into the purpose of
4. To determine the scope of Bioethics one’s doing and from consent of free will
1
IGNORANCE Concept:
• Invincible Ignorance – one is not able to • this kind of fear is intellectual fear as distinguished
dispel/remove the ignorance by a reasonable from the fear arising from the senses which is one of
diligence the passions
• Vincible Ignorance – the ignorance can be removed • intellectual fear does not generally escape the control
by reasonable diligence but it is not removed due to of the mind and will
negligence or bad will • generally it leaves the person free
Principles: • the evil that causes the fear may threaten the
1. Invincible Ignorance takes away or prevents the affected person or those associated with him
human act from being voluntary in regard to that
which is not known. So, a human act coming from Principles:
invincible ignorance is not voluntary in its cause. 1. fear does not destroy the voluntary character of an
2. Vincible Ignorance does not take away the action but it usually lessens the merit or guilt
voluntariness but diminishes voluntariness 2. even though an action done out of fear has an
involuntary aspect, it holds that a person does so by a
INATTENTION decision of his will and therefore performs a human
• an actual, momentary privation of knowledge act.
Principles: 3. grave fear – caused by a grave evil which one cannot
1. if a person does not attend at all to what he is doing, easily escape from – usually excuses from the
he does not accomplish a human act. obligations of divine or human laws. The reason for
2. if a person is only half-attending to what he is doing, this is that moral impossibility excuses from the
he performs an imperfect human act. compliance with such laws.
ERROR VIOLENCE
1. the origin of error may be traced from: • a compulsive influence brought to bear upon one
– deficient education against his will by some extrinsic agent
– influence of bad company
– misleading mass media Concept:
• violence is not caused by moral force but only by the
2. man is challenged to overcome the errors and search compulsive force of some physical or psychic agent
for the truth. • while internal resistance of the will is essential for
3. man must be able to reach views based on sound violence, external resistance is not always called for
reasons.
4. man, as an individual, must fight against errors, and Division:
the community must help one another to resist error. • absolute – if the will dissents totally and resists as
best it can and is meaningful
PASSION OR CONCUPISCENCE • relative – if the will dissents only partially or weakly
• a movement of the sensitive appetite which is and is perhaps deficient in its external resistance, too
produced by good or evil apprehended by the
imagination Principles:
Concept: • absolute violence excludes any voluntariness.
• there is no connotation of evil • relative violence does not impair voluntariness
• God has endowed man with these appetites which completely but lessens it
pervade his whole sensitive life
• they are instruments for the self-preservation of the DISPOSITIONS AND HABITS
individual and the whole human race 1. Disposition – an inclination that one has to certain
• passions become evil only if their force is not ways of action and conduct which have their roots in
controlled by reason one’s character an inherited propensities
• man has the urgent duty to check his sensitive 2. Habit –the facility or easiness and readiness of acting
appetites in a certain manner acquired by repeated acts
Division: Principles:
• antecedent – precedes the action of the will and at 1. a deliberately admitted habit does not lessen
the same time induces the will to consent voluntariness, and actions resulting there from are
• consequent - follows the free determination of the voluntary at least in their cause; person is responsible
will and is either freely admitted and consented to or if he consents by free decision to the habit.
deliberately aroused 2. an opposed habit lessens voluntariness and
Principles: sometimes precludes it completely.
1. antecedent passions always lessen voluntariness and
sometimes preclude it completely because it hinders
the reflection of reason and weakens its attention, at NORMS OF MORALITY
the same time, it strongly entices one to action and Objective Norm – Moral Law
entices the will to consent. The more intensive Subjective Norm – Conscience
concupiscence is, the weaker the intellect and will
become. MORAL LAW
2. consequent passions are either good or bad because OBJECTIVES:
they are either freely admitted and consented to or To identify the objective norm of morality
deliberately aroused. They are voluntary in To define the different laws
themselves. To differentiate the different laws from one another
To explain the nature of moral law
FEAR To explain the nature of natural law
• the shrinking back of the mind on account of an To explain the nature of human law
impending evil To determine and justify the obligations towards the
laws
To judge a human action according to the moral law
2
LAW aspirations of human nature inclusive of the
- ANY DIRECTIVE OR RULE OF ACTIVITY ultimate end
3
OBJECT OF THE HUMAN LEGISLATION To demonstrate the obligation towards
The direct object of human law is the common conscience
welfare/good To judge a human action according to the dictate
Human legislation is supposed to create favorable of conscience
conditions for man’s life in the religious, cultural,
social and economic aspects.
Human legislation has to safeguard the common good
by protecting the moral culture of the community, its
interior peace, security, social justice, and human
rights.
4
Perplexed Aware Lax
- when confronted with two alternative precepts, 3. MUST NOT BE OBEYED UNTIL SOME CLARIFICATION IS
it fears sin in whatever choice it makes. This is a OBTAINED, BUT ONE MAY ACT IF CLARIFICATION
disturbed conscience. There is a disturbance of CANNOT BE OBTAINED AND THE DECISION HAS TO BE
the capacity to form a judgment MAKE IMMEDIATELY:
Vincibly Erroneous
Lax Perplexed
- judges a thing to be lawful when it is actually Doubtful
unlawful, moral when actually immoral, light or
venial sin when actually serious or mortal sin. FREEDOM OF CONSCIENCE
- There is a strict obligation to follow one’s certain
Scrupulous conscience; correspondingly, one has the right to
- judges something to be sinful when actually it is act according to one’s conscience.
not, or something to be grievous or moral when - The restrictions of the freedom of conscience is
actually light or venial when it happens that the dictate of conscience
runs in conflict with the demands of the
Certain Conscience common welfare.
- passes judgment without fear or error
Doubtful Conscience SOURCES OF MORALITY
- uncertain concerning the morality of an action OBJECTIVES:
1. To explain the meaning of “sources of morality”
WE MUST HAVE A RIGHT AND DELICATE (SENSITIVE) 2. To enumerate the sources of morality
CONSCIENCE PRESERVING OURSELVES INTACT WITH 3. To explain each of the sources of morality
CLEAR AND VIGILANT DISCERNMENT OF THE GOOD AND 4. To determine how the elements affect the morality of
EVIL. a human act
5. To judge a human act according to the sources of
The VINCIBLY ERRONEOUS CONSCIENCE morality
Before a person with this kind of conscience may act:
1. he must remove his erroneous state by SOURCES OF MORALITY
searching the truth; if this is not possible Sources defining the morality of human acts
because he is unable to do so, - these are the elements in the human act which
2. He must postpone the action; if the action determine its morality. These elements are
cannot be postponed, called sources of the morality of human acts
3. He must follow the safer line of action. because the human act derives its morality from
their agreement or disagreement with the moral
THE PERPLEXED CONSCIENCE norm.
The line of actions to be taken is:
1. if the decision can be delayed, postpone the action to These sources are:
obtain information and deliberate; if the decision OBJECT
cannot be postponed, CIRCUMSTANCES
2. One must choose what appears to be the lesser evil; if INTENTION
still this is impossible to settle/do,
3. Either of the alternatives may be done OBJECT
Principles: - Object of the human act is the effect which an
1. If this line of action is observed, there is no formal sin action primarily and directly causes. It is always
because it is impossible for the person to escape both and necessarily the result of the act,
alternatives of the perplexing situation; independent of the circumstances or of the
2. If this line of action is not observed, the person may intention. It is generally regarded as the primary
be guilty of formal sin because nothing was done to source for the judgment on the morality of an
correct the error. act.
VIRTUE OF TRUTHFULNESS
Fundamental Requirements for Virtue Connected with medical communication
1. moral knowledge - it is the disposition to tell the truth, not only
– some insight and knowledge of the value it once but several times over;
endeavors to realize - The habit of telling the truth even when it is not
– education, instructions, formation convenient or does not serve a personal
2. prudence convenience;
– cautious deliberation - It disposes the doctor to prepare patients for full
– to look carefully into the concrete circumstances participation in decision-making regarding their
3. love of moral value own lives
– the beauty and goodness of the moral value
must be deeply sensed and truly loved VIRTUE OF RESPECT
– deepening and faithful pursuance of the right Connected with decision-making
fundamental option - it is the trained attitude or disposition to
4. dominion over the passions reverence those free acts by which patients carry
– moderating restraint out their best interests
- It disposes the doctor to handle differences with
Theological Virtues: the patient with sensitivity, avoiding deceit or
• Faith manipulation
• Hope
• Charity VIRTUE OF FRIENDLINESS
Connected with inevitability of feelings; affective
Theological Virtue - God is the dimension
immediate object - there is pleasure in one another’s company,
confidences are shared, and there is an
LOVE / CHARITY exchange of benefits;
- is the most exalted, the most fundamental and - Feelings are shared and intimacies revealed
universal of all virtues appropriate only within this relationship
Absolute Prerogative
- One is said to have ABSOLUTE PREROGATIVE in a thing
when it is essentially subordinated to one’s final end, and
has become the object of one’s lawful rights.
Delegated Prerogative
Is the authority or power given by the patient to
his doctor by virtue of the patient’s right and
obligation as an individual to preserve his health
and bodily integrity.
TOTALITY
OBJECTIVES:
1. To explain the meaning of the principle of
totality
2. To determine the scope of the principle
3. To co-relate this principle with the principles of
the human dignity, stewardship and autonomy
4. To apply this principle to given cases/situation
5. To judge the violations and non-violations of this
principle in a given case
PRINCIPLE OF TOTALITY
The principle states that all the parts of the human body as
parts, are meant to exist and function for the good of the
whole body, and are thus naturally subordinated to the
good of the whole body
Implications of the
Principle of Totality
When some part or function becomes
detrimental to the good of the whole body, it is
in accord with right order to remove such a part
or to suppress its function;
Justified mutilation is limited or has restrictions
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SY 2011-2012
Subject: Bioethics
Topic: Beneficience
Lecturer: Dr. Melchor Vrias
Date of Lecture: 29 July 2011
Transcriptionist: Gluttinoids
Pages: 3
1
patients, in this case the employees, as
indicated by the company
Limits of Specification
1. Talent PATIENT’S GOOD
It is a matter of situations in which the effort Take the following into consideraration because
to do good/better or to preserve the good patients use one or combination of these goods
may conflict with the good of other human in making a decision:
beings
o As physicians, sometimes you really want
1. The Ultimate Good
to do good, but keep in mind that the
patient and his relatives have the right to The meaning and destiny of human existence;
choose, this includes their choice to The positions taken with reference to
refuse the treatment. relationships with other human beings, the
o So no matter how much you want to do world and God;
good, the obligation to do good is over The “ultimate concern” – the one to which we
ridden when the patient or the relatives turn for final justification of our acts if all
doesn’t want to continue with the secondary or intermediate reasons fail
treatment. If the other good fail this would be our last
o Betterment of Patient < Betterment of resort, to turn to our Creator.
the Family This value supersedes the biomedical good and
the patient’s view of his own good
- Ex. when treatment is expensive &
would bankrupt the patient’s family
– patient forgoes treatment) 2. The Biomedical Good
The good that can be achieved by medical
There is tension between respecting freedom intervention into a particular disease state;
and securing what a health care professional
The statement of what can be achieved based on
may consider the best interests of the patient.
strictly scientific and technical assessment
o Medical benificence can come in conflict
Ultimate good supercedes the medical good
with the autonomy of the patient.
The good that is usually used by health care
o You may know what is best for the
professionals
patient, but the patient's autonomy
o The biomedical good is the basis of the
dictates that he doesn't want to continue
physicians on why a patient should follow
with the treatment.
the decisions of the physician
o Autonomy of the patient shall prevail,
given that the patient is competent.
3. The Patient’s View of his Own Good: His Best
Interest
2. Most goods that we have to do are specified by:
The patient’s subjective assessment of the
a. Law
quality of life the intervention might produce;
Law: patient’s right
Whether of not this quality of life is consistent
Law of child’s abuse – Doctors are with the patient’s life plan and goals;
required to report child abuse.
The patient’s life plan is highly personal
b. Custom The choices that are to be made according to his
Some customs and principles limit your life plan may run counter to biomedical good or
obligation to do good what the physician thinks is a good life for the
o Custom includes tawas, can't take a patient.
bath during menstrual periods. The initial good the patient use
o Religion – Cannot do blood If an information is disclosed, this good is used
transfusion on Jehova’s witnesses; when the patient is making a decision.
one religion forbid medical If the probable result of the treatment is in
intervention conflict with the patient's life plan and goals, the
c. Relationship and Roles patient may not adhere with the treatment.
doctor-patient relationship, patient-
relative relationship, patient-spouse 4. The Good of the Patient as a Human Person
relationship can be limiting The good that is grounded in his capacity as a
d. Agreements human person to reason, to choose and to
Agreements like contracts. express those choices in speech with other
Example, company physicians are limited humans;
by the fact that they should disclose Freedom to choose
certain information regarding his This value supersedes the biomedical good and
the patient’s view of his own good
2
PATERNALISM sometimes competent, sometimes not) you
Involves acting without consent. Or even over- may constrain them by giving sedative to
riding the patient’s wishes, wants or actions, in calm them and make them competent
order to benefit the patient or at least to prevent
harm to the patient 2. If the Health care professional overrules the
Physicians used this principle before patient for the convenience or profit of the
Physicians can overlook the autonomy and rights provider
of the patient. Example: Like nurses in a hurry in shifting
and give a drug immediately, some drugs
Two (2) Elements of Paternalis are painful when administered in fast rate,
1. The absence of consent or over-riding of consent it's not paternalism because the provider
2. The beneficent motive has other obligation to do and not to give
care and compassion to the patient, this is
The welfare of the patient
inhumane at times.
Types of Paternalism
3. If the health care professionals refuses to go
1. Strong Paternalism along with the patient’s wishes because these
Also called extended paternalism wishes are against the conscience or professional
The health care provider attempts to standard of the provider, and vice versa.
override the wishes of a competent person If the patient has the right to refuse
treatment, the physician also has right to
2. Weak Paternalism refuse a patient.
Also called limited or restricted paternalism This occurs when the patient is non-
Consent is missing or the health care compliant because he/she doubts the
provider overrules or overrides the wishes of physician as a competent professional.
an incompetent or a doubtfully competent This doesn't apply in emergency cases
patient. though, a physician can't refuse a patient in
Doubtfully competent patient: alcohol/ drug an emergency case
intoxicated patient, in sedatives, effect of
illness ( high-grade fever, depression)
Sometimes called cooperative paternalism Paternalism is justified:
when one of its purposes is to restore the 1. If the harm is prevented from occurring or the
person’s competence so that the patient benefits provided to the patient outweigh the
may give informed consent. loss of independence and the sense of invasion
Example: Over-ride by giving IV fluid and IV caused by the interference.
antipyretic to lower the fever making the 2. If the person's condition seriously limits his/her
patient competent again and making them ability to choose autonomously.
capable to make competent decisions 3. If the interference is universally justified under
relevantly similar circumstances.
Strong paternalism is ethically rejected if: Example: sedatives can be given to violent
The competence of an individual to make patients, restraining restless patient (tied to
decisions for another competent individual railings), this is universally justified and may
would require both knowledge of the other do without the consent of the patient
person’s values and of all the factors influencing
their lives. Rule of thumb involving Paternalism:
Health care professionals do not have the right Decisions about health, life and death are not
to enforce value and judgments to the patients merely medical decisions but involve the good of
on the grounds that the “doctor knows best” the society and the good of third parties, as well
It would be a rare health care professional who as the values of the patient.
knew all the factors influencing the life of the Consider that it is not only the physician who
patient. decides, also consider the value and situation of
- Unless the patient tells you “bahala ka na the patient (socially, emotionally...)
Doktor”. However, you still need to inform the
patient.
End of Transcription
It is NOT Paternalism
1. When the health care provider acts to prevent
"Your life is the manifestation of your dream; it is an art. And you
the patient from causing serious injury to others. can change your life anytime if you aren't enjoying the dream.
Ex: psych patients, though incompetent Dream masters create a masterpiece of life; they control the dream
(especially waning patients,who are by making choices.”
3
SY 2011-2012
Subject: Bioethics
Topic: Cooperation
Lecturer: Dr. Melchor V. G. Frias
Date of Lecture: September 9, 2011
Transcriptionist: Polkadots
Pages: 2
Cooperation person.
• Any physical or moral concurrence with a • Almost always sinful or immoral.
principal agent in a sinful deed. (principal agent: • If the surgeon and the assistant are both
attending physician) engaged in actually aborting the fetus, the
* In Medicine, unlike in other circumstances, cooperation cooperation of the assistant is said to be
means a negative thing. immediate material cooperation.
• The participation of more than one person in • Usually translates into formal cooperation.
the same immoral or criminal action. * exception: when one is being threatened, such as when
• Circumstances may arise in which a man is the action is done at gun point or in resident training,
associated, to a greater or lesser degree, with when threatened of training termination (in this case you
someone else in a situation which is contrary to can refuse and report about the threatening to the
right order. administration)
• Depends on the degree of participation in the
medical practice 2.2 Mediate Material Cooperation
• When one provides means and other help for
Types of Cooperation the sinful deed or evil act without joining the
1. Formal Cooperation evil act itself.
• When one externally concurs in the sinful deed • Concurrence in the sinful action of another not,
of another and at the same time internally however, in such a way that one actually does
consents to it. the act with the other or concurs in the evil
• When one takes part in the immoral action of intention of the other but, while merely doing
another while at the same time adopting the something which is good or indifferent in itself,
evil intention of his associate. the action also supplies an occasion of sin to
• If the intention of the anesthetist is the same as another, i.e. supplies some assistance, means,
that of the surgeon in an illicit operation (e.g. or preparation for the sinful action of another.
contraceptive sterilization), the cooperation of *Example: a circulating nurse who prepares the
the anesthetist is called formal cooperation. equipment and facilities for surgery--she is just doing
* one internally consents to and physically agrees to her job, which is good/indifferent in itself. I this case,
do the action the gravity of her participation is less than the people
actually involved, eg, the2nd assistant (junior intern)
• Always wrong, sinful or immoral
who did the retraction, but greater than for example,
• The cooperator is equally guilty with the
the institutional worker who just wheeled in the
principal agent.
patient to the OR.
• The morality of mediate material cooperation is
2. Material Cooperation
to be sought using the principle of double
• When one externally concurs in the sinful deed
effect:
of another without internally consenting to it.
1. Good effect-- one’s own freedom of action, plus
• Generally illicit, since the evil of sin should not the value of doing this or that action not wrong in itself.
be supported by any means, but on the 2. Evil effect -- usually has a double aspect: (1) one’s
contrary, opposed and suppressed action constitutes an occasion of sin for someone else;
* Participation in a situation such as when one is forced (2) there may be some evil coming upon a third party
to do the action or one didn’t actually know what was
(patient) as a result of the action.
being done (ergo, without intention). However, if you
know that an act is wrong, you should refuse to do it
Norms for Material Cooperation
because even if you refuse, your practice should not be
threatened. • Permissible if 2 conditions are verified:
2 types of Material Cooperation 1. The act by which cooperation is rendered may
2.1 Immediate Material Cooperation not be sinful in itself.
• When one concurs in the sinful deed or evil act 2. There should be a sufficient cause for granting
itself. an assistance which is to serve an evil purpose.
*For the circulating nurse, she is just doing his/her job
• When one person actually performs the
and doing her job is not wrong in itself. Also, she may not
immoral action in cooperation with another
1
be aware that an illicit operation (e.g. abortion) will be
done.
• In estimating the sufficiency of the reason for
material cooperation, consider:
1. The gravity of the other’s sin.
* abortion vs. contraceptive surgery
2. The closeness of the cooperation to the sinful
act. (proximate or remote)
* proximate: assisting resident vs. junior intern
vs. circulating nurse
remote : do not actually participate on the
action but provide some help for fulfillment of
procedure
3. The indispensability of the cooperation.
(necessary or unnecessary)
* for example: retraction during the surgical
procedure by junior intern --the surgery can be
done without that help.
4. One’s obligation to prevent the wrong-doing
* if the action is wrong, the obligation of the
doctor to prevent the wrongdoing is higher than
that of the nurse
2
BIOETHICS)II) !
!
TOPIC:!CONFIDENTIALITY! !
! !
OBJECTIVES:! " Sometimes!the!harm!that!comes!
! Explain!the!aim,!meaning!and!implications!of! from!concealing!a!natural!secret!
Confidentiality,! outweighs!the!harm!that!is!being!
! Differentiate!the!types!of!Obligatory!Secrets,! avoided.!
! Explain!the!exceptions!to!Confidentiality,! !
! Apply!the!principle!in!given!situations,! PROMISED)SECRET)
! Judge!what!is!ethically/unethically! ! Knowledge)that)has)been)promised)to)
acceptable!as!the!principle!is!applied!in!given! be)concealed.)
situations! " Generally,!the!promise!has!been!
! exacted!because!the!matter!is!also!
Fundamental)aim:! a!natural!secret.!
! To!foster!communication!of!important,! " The!evil!of!revealing!the!secret!
sometimes!intimate!information!which!will! arises!from!the!harmful!effects!of!
help!a!health!care!professional!aid!a!patient.! breaking!promises.!
! To!foster!trust!in!the!physicianKpatient! " The!secret!may!be!revealed!if!the!
relationship.! good!to!be!attained!offsets!the!evil!
" Excludes!unauthorized!persons!from! that!results.!
gaining!access!to!patient!information! !
" Requires!persons!who!have!such! PROFESSIONAL)SECRET)
information!legitimately!refrain!from! ! Knowledge)which,)if)revealed,)will)
communicating!it!to!others! harm)not)only)the)professional’s)client,)
! but)will)do)serious)harm)to)the)
If)confidentiality)is)broken,)relationships)are)at) profession)and)to)the)society)which)
stake:) depends)on)that)profession)for)
! PatientKphysician! important)services.)
! Patient!&!all!other!healthcare!providers! " The!consequences!should!patients!
! Reputation!of!physician!in!community! lose!faith!in!the!confidentiality!of!
! Physician!&!other!patients! their!dealings!with!the!health!care!
) system!can!be!very!harmful.!
If)confidentiality)is)broken,)the)following)could) " The!condition!of!the!patient’s!body!
be)threatened:) is!private!and!is!shared!only!with!
! Privacy! those!he!chooses!to!help!him,!but!
! Personal!autonomy! not!with!anyone!else.!
! Decision!making!process!for!physician!and! )
patients! " There!is!an!implied!
! Patient’s!responsibility!for!his!own!health! promise!to!keep!the!
! Public!health!values) ) secret!by!virtue!of!the!
) profession.!
Confidentiality)is)concerned)with)keeping) !
secrets:) Exceptions)to)confidentiality)
! Secret)–!knowledge!which!a!person!has!a! ! Those!commanded!by!statute!
right!or!obligation!to!conceal! law!
! The!obligation!to!keep!secrets!arises!from!the! ! Those!arising!from!legal!
fact!that!harm!will!follow!if!the!knowledge!is! precedent!
revealed.! ! ! Those!arising!from!a!particular!
) patientKprovider!relationship!
Three)types)of)Obligatory)Secrets:) ! Those!due!to!proportionate!
! Natural!Secret! reasons)
! Promised!Secret! !
! Professional!Secret! *********************************************!
! NMMAIKBATCH!2016!
NATURAL)SECRET) )
! The)information)involved)is)by)its)nature) )
harmful)if)revealed) )
" There!is!obligation!to!avoid!harming! )
others!unless!there!is!proportionate!)
reason!for!risking!or!permitting!the! )
harm.! )
! !
! !
!
!
BIOETHICS)II) !
!
TOPIC:!ETHICS!IN!RESEARCH! !
! !
OUTLINE:)! " Justice)!
I.)ETHICS)IN)RESEARCH)! # Requires!that!cases!considered!
! General!Ethical!Guidelines!! to!be!alike!be!treated!alike,!and!
! General!Bioethical!Principles!! that!cases!considered!to!be!
! Basic!Elements!of!Research!Ethics!! different!be!treated!in!ways!that!
! Ensuring!Quality!Ethical!Research!! acknowledge!the!difference!!
! Ethical!Considerations!in!a!Research/Study! !!
Protocol!! ELEMENTS)OF)RESEARCH)ETHICS)!
! Authorship!! ! Informed)Consent)!
" For!all!biomedical!research!
II.)ETHICAL)BREACHES)IN)SCIENTIFIC)RESEARCH)!
involving!humans,!there!must!be!a!
! Scientific/Research!Misconduct!! voluntary!informed!consent!of!the!
! Dealing!with!Misconduct! prospective!subject!!
! " Waiver!of!informed!consent!is!to!
ETHICS'IN'RESEARCH' be!regarded!as!uncommon!and!
! exception,!and!must!in!all!cases!be!
GENERAL)ETHICAL)GUIDELINES)FOR)HEALTH) approved!by!an!ethics!review!
RESEARCH! committee![Guideline!4!–!Council!
! Health!research!involving!human!subjects! for!International!Organizations!of!
includes!research!on!identifiable!human! Medical!Science!(CIOMS),!2002]!!
material!or!identifiable!data![Principle!1!–! !
Declaration!of!Helsinki,!2004]!! ! Risk,)Benefits)and)Safety)!
! Considerations!related!to!the!wellKbeing!of! " Health!research!is!only!justified!if!
the!human!subject!should!take!precedence! there!is!a!reasonable!likelihood!
over!the!interests!of!science!and!society! that!the!populations!in!which!the!
[Principle!1!–!Declaration!of!Helsinki,!2004]! research!is!carried!out!to!stand!to!
! It!is!the!duty!of!the!researcher!to!protect!the! benefit!from!the!research!results!
life,!health,!privacy!and!dignity!of!the!human! [Principle!19!–!Declaration!of!
subjects!and!to!safeguard!scientific!integrity!! Helsinki,!2004]!!
! !
GENERAL)BIOETHICAL)PRINCIPLES)! ! Community)!
! All!research!involving!human!participants! " Conclusion!or!termination!of!the!
should!be!conducted!in!accordance!to!four! research!care!activity!should!not!
basic!ethical!principles:!! preclude!the!possibility!of!
" Respect)for)persons)! administering!extended!
# Autonomy,!which!requires!that! community!care![Bhutta,!2000]!!
those!who!are!capable!of! !
deliberations!about!their! ! Privacy)and)Confidentiality)!
" Every!precaution!should!taken!
personal!goals!should!be!treated!
with!respect!for!their!capacity! to!respect!the!privacy!of!the!
for!selfKdetermination!! participant!and!the!
confidentiality!of!the!
# Protection)of)persons)with)
participant’s!information!!
impaired)or)diminished)
!
autonomy,!which!requires!that!
! Disclosure)of)Research)Results)!
those!who!are!dependent!or!
vulnerable!be!afforded!security! o Must)occur)when)ALL)of)the)ff)
against!harm!or!abuse!! apply:!
! " The!findings!are!scientifically!
" Beneficence)! valid!and!confirmed!!
# Ethical!obligation!to!maximize! " The!findings!have!significant!
possible!benefits!and!to! implications!for!the!subject’s!
minimize!possible!harm!and! health!concerns!!
wrongs!! " The!course!of!action!to!
! ameliorate!or!treat!these!
" NonPMaleficence)! concerns!is!readily!available!
# [do!no!harm]!holds!a!central! when!research!results!are!
position!in!the!tradition!of! disclosed!to!its!subjects!!
medical!ethics!and!guards! !
against!avoidable!harm!to! !
research!participants!! !
!
! !
! Standard)of)Care)! Act!of!1998!and!its!
" Particular!needs!of!the!community! implementing!rules!and!
and!medically!disadvantaged!must!be! regulations!!
recognized!in!determining!the! !
standard!of!care!that!must!be! ! National)Ethical)Guidelines)for)
provided!them!as!research!subjects!! Health)Research)2006:)!
! " Special)Ethical)
! Compensation)of)Research)Subjects)! Guidelines:))
" Compensation!given!to!subjects!for! # Clinical!trials!on!drugs,!devices!
costs/expenses!incurred!in!taking!part! and!diagnostics!!
in!a!study;!free!medical!services!and! # Herbal!medicine!research!!
compensation!for!the!inconvenience! # Complementary!and!alternative!
and!time!spent!should!not!be!so!large! medicine!research!!
as!to!induce!the!prospective!subjects! # Epidemiological!research!!
to!consent!to!participate![Guidelines!7! # Social!and!behavioral!research!!
–!CIOMS,!2002]!! # Research!involving!traumatized!
! populations!!
! Subjects)groups)that)require)special) # HIV/AIDS!research!!
considerations)! # Research!on!assisted!
" Some!populations!require!special! reproductive!technology!!
protections!because!of!characteristics! # Genetic!research!including!
or!situations!that!render!them! stem!cell!research!!
vulnerable!! !
!
! International)Guidelines)!
! Absence)of)Direct)Benefit)!
" World!Medical!Association’s!
" Risk!from!research!interventions!that!
Helsinki!Declaration!of!1964!
do!not!hold!out!the!prospect!of!direct!
(revised!and!amended!in!1975,!
benefit!for!the!individual!subject!
1983,!1989,!1996,!and!2000)!!
should!be!no!more!likely!and!no!
" The!WHO!Council!of!
greater!than!the!risk!attached!to!
International!Organizations!of!
routine!medical!or!psychological!
Medical!Sciences!(CIOMS)!2002!!
examination!of!such!persons!!
! " The!International!Conference!on!
Harmonization!Good!Clinical!
ENSURING)QUALITY)RESEARCH)!
Practice!Guidelines!(1996)!!
! Role)of)the)Ethics)Review)Committee)! !
" Review!the!scientific!merit!and!ethical! ETHICAL)CONSIDERATIONS)IN)A)
acceptability!of!any!research!involving! RESEARCH/STUDY)PROTOCOL)!
human!participants!! ! Provision!for!management!of!adverse!
! reactions/effects!!
! Research)Protocol)! ! Stopping!of!the!study!in!case!harmful!
" Should!adequately!address!the!four! effects!are!demonstrated!!
ethical!principles!and!should!be!
! Potential!benefits!outweigh!potential!
sufficiently!detailed!to!serve!as! harm![literature!review,!previous!trials,!
documentation!of!the!study! records]!!
! ! Indemnification))
! Qualifications)of)Investigators)! " Amount!and!methods!of!
" Persons!engaged!in!health!research!
reimbursement!of!trialKrelated!
involving!human!subjects!should!be! expenses!of!study!participants!!
scientifically!qualified!!
" Guarantee!of!medical!
!
care/financial!indemnification!of!
! Protections)of)the)Environment)and)
study!participants!in!case!of!
BioSafety)!
trialKrelated!injuries!!
" In!conduct!of!biomedical!or!behavioral!
! Informed)Consent)!
research,!appropriate!caution!shall!be!
" English!or!Tagalog;!dependent!of!
exercised!to!avoid!harm!or!damage!to!
location!!
the!environment![Principle!12!–!
" Who!may!solicit!consent?!Who!
Declaration!of!Helsinki,!2004]!!
may!give!consent?!!
!
! Welfare)of)Animals)! " Statement!that!the!study!is!
" In!regards!to!the!use!of!animals!for! investigative!in!nature!!
research,!animal!investigators!shall! " Specify!number!of!participants!in!
abide!by!RA!No.!8485K!Animal!Welfare!! the!study!!
! !
!
" Express!the!purpose/objective!of!the! " NonKqualified!can!be!listed!in!!!!!!!!!
study!! acknowledgement!or!in!
" Disclose!probability!of!random! appendix!!!(with!permission))
assignment!to!treatment!and!trial! " Order!of!authorship!to!be!
treatments!! decided!jointly!(first!24!+!last!
" Explain!the!procedure!of!the!study! one!if!>25!listed!in!Medline)!
including!all!invasive!procedures!! " Watch!out!for!“personality”!
" Expected!duration!of!subject’s! influence!
participation!including!followKup! !
visits!! ! Who)and)what)comes)under)
" Benefits!to!the!subject!! ‘Acknowledgement’?)
" Alternative!procedure/course! " Those!that!do!not!qualify!for!
treatment!that!may!be!available!! authorship!like!general!support!
" Disclose!risk,!discomforts!and! by!departmental!chair!
inconveniences!associated!with!the! " Those!rendering!technical!help,!
study!! or!financial!and!material!support!
" Responsibilities!of!the!subject!! " Relationships!that!may!pose!a!
" Statement!of!voluntary!participation!! conflict!of!interest!e.g.,!financial!
" Study!participants!have!the!option!to! relationships!with!the!industry!
withdraw!from!the!study!anytime!! " Others!like!scientific!adviser,!
" Guarantee!of!confidentiality!! critical!review!of!study!proposal,!
" Circumstances/reasons!for!the! data!collection!or!participation!
termination!of!the!subject’s! in!clinical!trial!
participation!! !
" Statement!regarding!indemnification!! ****************************************!
" Contact!person!! )
! INTEGRITY'AND'ETHICAL'BREACHES'IN'
AUTHORSHIP)! SCIENTIFIC'RESEARCH'
! There!is!no!universally!agreed!definition!of! '
authorship.!As!a!minimum,!Authors!should! OBJECTIVES:!
take!responsibility!for!a!particular!section!of! ! Identify!specific!situations!of!
the!study!! breaches!in!integrity!and!ethics!
! All!persons!designated!as!“authors”!should! in!scientific!research.!
QUALIFY!for!authorship!! ! Define!specific!situations!of!
! Should!have!participated!sufficiently!in!the! breaches!in!integrity!and!ethics!
work!to!take!PUBLIC!RESPONSIBILITY!for! in!scientific!research.!
the!content!! ! Discuss!appropriate!actions!in!
! dealing!with!breaches!in!the!
! Who)Qualifies?! integrity!and!ethics!of!scientific!
)(Substantial!contribution!to):)! research.!
" Conception!and!design;!or!analysis! !
and!interpretation!of!the!data!! Introduction:)
" Drafting!the!article!or!revising!it! ! It!is!essential!to!define!and!develop!best!
critically!for!important!intellectual! practice!in!the!integrity!and!ethics!of!
content!! scientific!research.!
" Final!approved!of!the!version!to!be! ! The!crucial!aim!is!to!find!practical!ways!
published!! of!dealing!with!the!issues.!
! ! Intellectual!honesty!ought!to!be!actively!
! Who)does)Not)Qualify?! encouraged!and!used!to!inform!
" Participation!solely!in!acquisition!of! publication!ethics!and!avoid!
funds! misconduct.!
" Just!collection!of!data! ! Guidelines!should!be!developed!–!
" General!supervision!! advisory!rather!than!prescriptive!!!!!!!!!!!!!!!!!!!!!!!!!!!!
" Performing!statistical!tests! [The!COPE!Report,!2003])
" No!‘laundry!list’! ! Serious!ethical!breaches!occur!in!at!
least!1.0%!of!all!clinical!researches.!
" No!‘gift’!authorship!
! Issues!are!identified!and!reported!by:!
!
" Anonymous)callers:!33.0%!
! Group)or)corporate)author) " Whistle)blowers)at)study)site:!
" Multicentre!trials/research! 33.0%!
" Should!fully!meet!the!criteria!for! " Ethics)committee)and/or)
authorship! sponsor:)20.0%![Gitanjali,!
) 2003]!
!
! !
! Behaviour!by!a!researcher!that!falls!short!of! " When)is)a)Secondary)
good!ethical!and!scientific!standards.! Publication)acceptable?)
! Significant)misbehaviour)that:!! # Articles!that!need!to!reach!the!
" Improperly!appropriates!the! widest!possible!audience!or!are!
intellectual!property!of!others,! intended!for!a!different!group!
" Impedes!the!progress!of!research,!! of!readers!
" Risks!corrupting!the!scientific!record! # Competing!manuscripts!based!
" Risks!compromising!the!integrity!of! on!the!same!study!
scientific!practices.! $ Differences!in!analysis!or!
! Misrepresentation) interpretation!
" Fraud! $ Differences!in!reported!
" Omission!of!facts! methods!or!results!
! Misappropriation) # Competing!manuscripts!based!
" Plagiarism! on!the!same!database!
" Use!of!confidential!information!from! [IMCJE,2008]!
review!of!manuscript!or!grant! !
application! ! Failure)to)Publish)
! Interference) " Failure!to!report!findings!of!any!
" Obstruct!research!of!another!by! carefully!done!study!of!an!
damaging!/!taking!away!research! important!question,!relevant!to!
related!property!of!another!–! readers,!whether!the!results!for!
apparatus,!reagents,!writings,!data!etc.! the!primary!or!any!additional!
! outcome!are!statistically!
FRAUD) significant.!
! Descriptive/Analytic)Study)or) !
Experimentation) PLAGIARISM)
" Planning!K!stealing!idea! ! Unreferenced!use!of!others’!published!
" Conduct!K!fabrication! and!unpublished!ideas,!including!
" Statistics!K!manipulation!of!data! grant!applications,!and!submission!
" Reporting!K!suppression!of!negative! under!“new”!authorship!of!a!complete!
findings![Gitanjali!B,!2003]! paper.!
! ! It!may!occur!at!any!stage!research.!
! Publication) ! It!applies!to!print!and!electronic!
" Gift!authorship! versions.![Gitanjali!B,!2003];!
" Duplicate!or!repetitive!publications! [The!COPE!Report,!2003]!
" Failure!to!publish! ! Copying!word!for!word!
! ! Paraphrasing!
! Study)Design)and)Ethical)Approval!! ! Quoting!based!on!secondary!sources!
" Good!Research!should!be!well!justified,! ! Taking!ideas!without!citation!
well!planned,!appropriately!designed,! ! Putting!one’s!name!to!work!written!by!
and!ethically!approved.!To!conduct! another!
research!to!a!lower!standard!may! !
constitute!misconduct.! DEALING)WITH)SCIENTIFIC)MISCOUNDUCT)
" ! PRINCIPLE)
! Data)Analysis) ! The!general!principle!confirming!
" Data!should!be!appropriately!analyzed,! misconduct!is!intention!to!cause!others!
but!inappropriate!analysis!does!not! to!regard!as!true!that!which!is!not!true!
necessarily!amount!to!misconduct.! ! The!examination!of!misconduct!must!
Fabrication!and!falsification!of!data!do! focus,!not!only!on!the!particular!act!or!
constitute!misconduct.! omission,!but!also!on!the!intention!of!
! the!individual.!
! Authorship) ! Deception!may!be!by!intention,!by!
" As!a!minimum,!authors!should!take! reckless!disregard!of!possible!
responsibility!for!a!particular!section!of! consequences,!or!by!negligence.!
the!study.! ! Codes!of!practice!may!raise!awareness.!
! !
! Redundant)or)Duplicate)Publication) DEALING)WITH)SCIENTIFIC)MISCOUNDUCT)
" Publication!of!a!paper!that!overlaps! INVESTIGATING)MISCONDUCT)
substantially!with!one!already!published! ! Editors!are!ethically!obligated!to!
in!print!or!electronic!media.! pursue!the!case.!
" When!2!or!more!papers,!without!full! ! It!is!for!the!editor!to!decide!what!action!
cross!reference,!share!the!same! to!take.![The!COPE!Report,!2003]!
hypothesis,!data,!discussion!points,!or! !
conclusions![The!cope!report,!2003]!! !
!
) !
DEALING)WITH)SCIENTIFIC)MISCONDUCT) !
! Monitoring! !
! Audit! !
! Ethics!committee!overview! !
! Regulatory!inspection) !
) !
! International) !
" Office!of!Research!Integrity!in!US!to! !
investigate!allegations!of!research! !
misconduct! !
" Committee!of!Publication!Ethics!(COPE)! !
guidelines!on!good!publication!practice! !
" ICH!–!GCP!guidelines!for!clinical!trials! !
! !
! Philippines) !
" Training!workshops! !
" Philippine!Ethical!Guidelines!for! !
Biomedical!Research! !
" National/Institutional!ERBs! !
! !
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BIOETHICS)II) !
!
TOPIC:)TRUTH!TELLING! !
) !
OBJECTIVE:! ! Why)tell)the)truth?!
! Define!and!explain!truthfulness!and!truth! " There!is!evidence!that!patients’!–!
telling!in!the!practice!of!medicine,! coping!skills!are!enhanced,!
! Explain!reasonable!expectation!of!the!truth! cooperation!with!treatment!is!
and!the!factors!that!affect!it,! increased,!levels!of!anxiety!are!
! Explain!patients’!right!to!the!truth,! reduced.!KEll!et.!al.,!1989!
! Apply!the!principle!in!given!situations,! " Patients!have!the!right!to!the!
! Judge!what!is!ethically/unethically! truth.!
acceptable!as!the!principle!is!applied!in!given! !
situations! ! The)Right)to)the)Truth!
! " Informed!Consent!
Truthfulness)in)Ethics) " Truth!by!Purchase!
! A!fundamental!human!value,!a!basic!ethical! " Important!NonKmedical!
principle,!a!moral!virtue!allied!to!justice.!The! Decisions!
virtue!of!veracity!inclines!persons!to!manifest! !
both!in!their!lives!the!convictions!of!their! Truth)Telling)
minds.)) ! Given!the!contextual!complexity!of!
! truth!telling,!ethical!concerns!regarding!
Truthfulness)in)Bioethics) information!disclosure!demand!
! As!autonomous!and!relational!human!beings,! sensitivity,!thoughtfulness,!and!skillful!
patients!and!their!families!have!a!right!to! communication!from!clinicians,!
information.! patients,!and!ethicists.!!
! Generally)summed)up)in)two)commands:! !
" Do)not)Lie) **********************************!
# “If!you!communicate!do!not!lie”! NMMAIKBATCH!2016!
" You)must)communicate)with)those) !
who)have)a)right)to)the)truth) !
# “You!must!communicate,!if!the! !
other!person!has!a!right!to! !
communication.”!! !
! !
TRUTHFULNESS) !
! Lying) !
" Speech!against!mind! !
# If!you!communicate!something! !
at!odds!with!what!you!believe! !
to!be!true! !
# Falsehood) !
KSpeech!against!the!mind!in! !
those!circumstances!in!which! !
the!other!has!a!“reasonable! !
expectation!of!!!the!truth.”! !
! !
! Reasonable)Expectation)of)the)Truth! !
" Expectations)vary)according)to) !
these)factors:) !
# Place!of!communication! !
# Roles!of!communicators! !
# Nature!of!the!truth!involved! !
! !
! Why)tell)a)lie?) !
" Belief!that!disclosure!can!set!off!a! !
destructive!interplay!of!psychological! !
and!physical!processes!that!result!in! !
worsening!of!patients’!conditions.! !
" The!power!of!suggestion!can! !
exacerbate!pain!and!side!effects! !
unnecessarily.! !
! !
! !
!
!
BIOETHICS)II) !
!
TOPIC:!PRINCIPLE!&!ISSUES!IN!PEDIATRICS! !
! !
OBJECTIVES:! " Helps!train!them!in!decisionK
! Explain!principles/issues!in!Pediatrics,! making.!
! Apply!the!principle/issue!in!given!situations,! " Achieves!compliance!and!
! Judge!what!is!ethically/unethically! cooperation.!!
acceptable!as!the!principle/issue!is!applied!in! ! Having!a!voice!in!deciding!reinforces!
given!situations.! his!sense!of!himself!as!a!person!and!
! helps!prepare!him!for!the!independent!
PRINCIPLES)AND)ISSUES)IN)PEDIATRICS) decision!maker!he!will!someday!be.!
! Making!Decisions! )
! Telling!the!Truth! ADOLESCENT)AGEPSPECIFIC)VALUES)
! Relating!to!Patients! ! What)are)a)person’s)“real’)values)and)
) goals?)
PARENT’S)RIGHTS) ! What)weight)should)be)given)to)ageP
! The!Foundation!of!Parent’s!Rights:! specific)values?)
" Historical!precedent:!rights!of!parents! ! Adolescent!choices!are!typically!
over!children!are!grounded!on!the! characterized!by!what!might!be!called!
property!rights!of!fathers.! ageKspecific!values.!
" They!are!the!ones!charged!by!society! ! Values!that!are!held!only!during!the!
with!responsibility!for!the!welfare!and! teenKage!years!or!given!high!priority!
upK!bringing!of!children.! only!during!that!time.!
" Parents!are!the!people!who!live!most! ! Concern)with)body)image)
directly!with!consequences!of!their! ! Acceptance)by)peers)
child!rearing.! ! Striving)for)independence)
" Parents!have!a!genetic!tie!to!their! ! Hold)little)appeal)for)parents!–!likely!
children.! to!weigh!longKterm!benefits!heavily!
" Parents!make!the!bestKqualified! than!shortKterm!unpleasant!
decision!makers.! experiences.!
" The!intimacy!of!family!life!is!among! ! Temporary!–!children!outgrow!them!
the!greatest!personal!values.! and,!in!their!own!adulthood,!will!most!
! likely!repudiate!them.!
! Limit)of)parent’s)rights) ! May!be!retained!into!adulthood!–!but!
" Criteria!for!child!abuse/neglect.! for!good!reasons,!not!out!of!
" Certain!life!threatening!situations! developmental)need.!
! !
CONSULTING)THE)CHILD) ! ISSUE:)
! Are)children)competent)to)make)decisions)) " !!!The!adolescent’s!preference!
for)themselves?) should!be!overridden!when!it!
" Not!fully!rational! conflicts!with!typically!adult!
" Not!mature! judgments!of!value.!
" Not!experienced! # One!cannot!assume!
! universality!of!adult!values.!
! Children’s)lack)of)competence)can)be) # Adolescents!may!not!adopt!
challenged:) typical!values!
" Decision!making!is!a!developmental! # The!best!one!can!do!is!appeal!
process! to!typical!adult!values!–!
" Children!generally!make!the!same! “reasonable!person”!standard!
treatment!choices!as!adults! ! ISSUE:)
" Decision!making!is!dependent!on!life! " !!!Choosing!for!adolescents!against!
experience! their!wishes!assumes!that!their!
! own!stated!preferences!are!not!
! Voluntariness)in)consulting)children) their!“real”!values.!
" The!patient!as!a!child! # Some!adolescents!do!know!
" Pressures!from!parents! what!adult!values!they!will!
" The!doctor!as!a!friend! adopt.!
o For)assent)to)be)genuine,)there)must)be) # Some!adolescents!have!goals!
the)possibility)of)dissent.) that!require!commitment!and!
) narrow!choices.!
! Benefits)in)trying)to)get)child)assent) !
" Helps!them!see!the!reasons!for!the! !
medical!decision.! !
" Provides!a!model!for!human!relationships.! !
!
! !
# Let!adolescents!choose!for! We!would!think!it!wrong!to!lie!to!adult!
themselves!or,!if!parental! patients?!
consent!is!needed,!use!the! !
subjective!standard!for! " )))Lying)to)Children)–)
substituted!judgment.! Justifications:)
! # All,!or!almost!all!lying!to!
! Difficult!judgments!must!be!made!by!the! children!is!seen!as!benevolent!
wouldKbe!paternalist!about!the!seriousness! deception.!
of!an!adolescent’s!life!plan!and!the!relation! # To!protect!them,!prolong!their!
between!medical!choices!now!and!the! innocence!and!get!them!to!do!
possibility!of!fulfilling!that!plan!in!the!future.! things!that!will!benefit!them.!
! We!need!a!better!justification!to!impose!adult! # Because!one!does!not!trust!
ageKspecific!values!of!adolescents,!especially! their!judgment!
when!these!values!do!not!lead!to!choices!that! # Because!their!experience!is!
are!irrational!in!the!sense!of!being! limited!and!their!goals!are!
incompatible!with!the!adolescent’s!own! short!term.!
perceived!life!goals.! !
! " !!!Denying!children!the!truth!
INFORMING)PARENTS) always!harms!them!to!some!
! Why)tell)the)truth?) degree!by!slowing!their!progress!
! Physician’s)point)of)view) toward!developing!their!own!
" Truth!telling!is!a!protection! autonomy.!
" Builds!trust!/!good!patientKdoctor! " !!!Some!benevolent!deceptions!in!
relationship! medicine!may!not!be!harmful,!
! but!some!can!do!harm,!and!
! Parents’)point)of)view)) trying!to!decide!the!balance!of!
" Correct!and!full!information!is!a! benefit!to!harm!or!vice!versa!is!a!
necessity! helpful!and!morally!appropriate!
" Psychological!benefit! way!to!decide!questions!of!
) telling!the!truth!to!a!child.!
! Delaying)or)Withholding) !
" Reasons!must!stem!from!concern!for! LOYALTY)TO)PARENTS)
the!parent!or!child!and!not!the! ! The!doctorKpatient!relationship!is!built!
doctor’s!own!personal!reasons.! on!mutual!trust!!
" If!the!information!may!affect!a! " Parents’!trust!in!the!
parent’s!decision,!then!it!is!wrong!to! pediatrician!promotes:!
withhold!or!delay!it.!! # Honesty!and!cooperation!
" Treating!without!parental!consent!or! # Confidence!to!accept!the!
withholding!truth!from!parents! medical!help!that!their!child!
# Emergency!situations! needs!
# Information!may!do!serious! ! When)are)Pediatricians’)obligations)
harm! to)parents)legitimately)overridden)
! by)other)obligations?)
TELLING)THE)CHILD) ! The!pediatrician’s!first!loyalty!is!to)the)
! Is!Benevolent!Deception!about!serious!illness! child!
acceptable!or!justified?) ! Pediatricians!owe!loyalty!to!parents!by!
" As!long!as!they!are!not!in!conflict!with! virtue!of!their!status!as!guardians!of!
good!medical!practice.! their!children!and!this!status!is!
" As!long!as!they!do!no!harm! conferred!by!the!state.!
! ! When!parents!do!not!fulfill!their!
! Reasons)for)Telling) responsibility,!they!lose!their!status!as!
" Accepting!this!principle!suggests!some! guardians!and!thus!lose!their!claim!to!
conditions!under!which!it!might!be! the!loyalty!of!pediatricians.!
justified!to!tell!the!child!the!truth!even! ! Situations!that!present!clear!and!
against!parents’!wishes.! imminent!serious!danger!to!the!child’s!
" Will)not)telling)be)more)harmful?) life!or!wellKbeing,!whether!posed!by!
" What)will)benefit)the)child?) parents!directly!or!by!conditions!that!
" Will)not)telling)do)more)good)than) the!parents!cannot!correct,!demand!that!
harm?) pediatricians!put!into!motion!whatever!
) is!required!to!protect!the!child!!
! Lying)to)Children) !
" Why!is!it!that!we!consider!it!justified! !
or)even!required!to!lie!to!children!in! !
situations!where!! !
!
) !
! In)cases)of)clear)danger,)the)pediatrician’s) !
loyalty)is:) )
" First!to!the!child! )
" Second!to!the!state! !
" Third!to!the!parents! )
! )
SAYING)NO) !
! Patients!do!have!legitimate!claims!on! !
physician’s!time,!energy,!and!attention.!But! !
what)limits)may)a)physician)set)against) !
Parents?)! !
" The!ultimate!case!of!setting!limits!is!to! )
refuse!parent’s!request!to!treat!their!child.! !
" The!ultimate!test!of!a!physician’s!right!to! !
say!no!may!come!at!the!end!of!life.! !
! )
! Are)there)circumstances)where)the) )
pediatrician)should)take)the)initiative)and)
)
refuse)to)treat?)
" If!treatment!is!futile!and!inhumane! )
)
" If!it!causes!significant!suffering!to!the!
child) )
) )
! There!is!no!obligation!to!treat!if!the!treatment!is!
)
futile,!even!if!it!causes!the!child!no!suffering!or!
)
harm.!
)
! Parents!cannot!demand!useless!or!inappropriate!
)
treatment.!However,!there!might!be!good!reasons!
for!not!refusing:! )
" For!the!parents’!sake! )
" For!organ!donation!! )
!
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JUSTICE
Julius Ceazar H. Reyes, MD, DPSA
December 13, 2013; 8:00 – 10:00 AM
Bioethics
OUTLINE
Ethical principles Utilitarian
Justice Libertrian
3 principles of justice Egalitarian
Theories of justice
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OUTLINE
PART 1 PART 2
Procreation Prenatal Diagnosis
Two principles of procreation Legitimacy and criteria of therapeutic procedures of
Conjugal act human embryo
Perspectives of conjugal act Principles in pregnancy
Unitive
Procreative
PART 1
A man and woman become husband and wife when they “give” themselves to one another in and through the act of irrevocable personal
consent that makes them to be spouses. And in consenting to marriage, to being husband and wife, they consent to all that marriage
implies and therefore the consent implicitly to the conjugal act, the act “proper and exclusive to spouses.” In and through the conjugal act
husband and wife literally become “one flesh”, “one body.” In and through this act they come to “know” each other in a unique and
unforgettable way, and they come to know each other precisely as male and female in their masculinity and femininity.
Entering marriage means that the spouses are giving consent to perform intercourse.
“… The man does not force himself upon the woman, but gives himself in a receiving manner. The woman does not
simply submit herself to the man, but receives him in a giving manner.”
-Robert Joyce
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OUTLINE
Mutilation Elective surgery
Surgery Therapeutic surgery
Principle of totality Palliative surgery
Principle of double-effect Incidental surgery
Non-maleficence/beneficence Suppression or excision of a healthy organ
Autonomy/informed consent
SURGERY
Entails a positive invasion of the body’s integrity
Surgery = Mutilation
By virtue of principle of totality, it is morally
acceptable
PRINCIPLE OF TOTALITY
The parts of a physical entity, as parts, are
ordained to the good of the physical whole. Since PRINCIPLE OF DOUBLE EFFECT
this good of the whole is the fundamental reason Often invoked to explain the permissibility of an
of, and reason for, the existence of the parts, action that causes a serious harm, such as the
There is no violation of right order in the death of a human being, as a side effect of
destruction of the parts, when this is necessary for promoting some good end
the whole
All parts of the human body are meant to exist Example #1
and function for the good of the whole body, and A pregnant woman with uterine cancer has to
are thus naturally subordinated to the good of the undergo surgery to remove the uterus. The good
whole body. effect is that the mother may be cured with the
Therefore, when some part or function becomes removal of the uterus but the bad effect is the
detrimental to the good of the whole body, it is termination of the baby.
morally acceptable to remove such part or to The act itself is good which was the removal
suppress its function. of the cancerous uterus, the good effect and
not the evil effect is the one intended by the
agent
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OUTLINE
Birth regulation
Responsible parenthood
Contraception
3. From the technical point of view, none of the Society has the obligation to create adequate
available methods of contraception satisfies all conditions for the exercise of responsible
the criteria for an ideal method. parenthood by the spouses.
There would be no ideal method Society must create adequate conditions. Society
One method may be effective for one couple but including government should not fight but should
not for the other give proper respect on how other people look at
There should be openness between husband and these things.
wife
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OUTLINE
PART 1 Man’s sexual constitution in general
Importance of sexuality Nature of sexual love
Sexual morality Purpose of sexual love
Sex Social aspect of sexual love
Sexuality Christian Attitude Towards Sex and Sexuality
Sexual orientation Fields of modesty
Sexual Identity Principle of personalized sexuality
Gender
Gender identity PART 2
Meaning of human sexuality Principal values of human sexuality
Old testament Encyclical letters, papal lecture
New testament
PART 1
IMPORTANCE OF SEXUALITY There are important moral restrictions on sexual
The human person is so deeply influenced by his activity
sexuality that this latter must be regarded as one It is morally objectionable to the extent that it is
of the basic factors shaping human life incompatible with a justified moral rule or
The person’s sex is the source of the biological, principle
psychological and spiritual characteristics which Infliction of personal harm
make a person male or female, and thus are
extremely important in the maturation and SEX
socialization of the individual Two common designations:
Moral corruption is on the increase 1. The biological aspect of one’s personhood,
Boundless exaltation of sex the individual’s biological makeup based on
Teachings, moral norms and habits faithfully the appearance of genitals
preserved have been called into doubt 2. Genital behavior, i.e. What we think, feel
The Sources of Moral Knowledge and do sexually
Conscience
SEXUALITY
SEXUAL MORALITY It encompasses both sex, i.e. who we are and
what we think, feel and do sexually, as well as the
CONVENTIONAL SEXUAL MORALITY meanings given to sex.
Sex is morally legitimate only within the bounds “What our body means to us, how we understand
of marriage Defense: ourselves as a woman or as a man, the way we
Social utility feel comfortable in expressing affection – those
A stable family life is absolutely are part of our sexuality… Un this broadest sense,
essential for the proper raising of sexuality is how we make sex significant”
children and the consequent welfare of (Whitehead and Whitehead 1989:45)
society as a whole It does not necessarily include genital intercourse
Natural law theory or related sexual practices.
Actions are morally appropriate insofar
as they accord with our nature and end SEXUAL ORIENTATION
as human beings and morally Sexual orientation refers to the emotional and
inappropriate insofar as they fail to erotic preference for the category of people –
accord with our nature and end as heterosexual, homosexual, or bisexual – how an
human beings individual prefers to relate sexually or intimately.
Procreation is the natural purpose or
end of sexual activity SEXUAL IDENTITY
Sexual identity refers to the individual, gay,
THE LIBERAL VIEW lesbian, or bisexual. “Self-identification” is the
Reject as unfounded the conventionalist claim operative word which is indicative of whether the
that non-marital sex is immoral individual considers him-/herself as male or
Reject the related claim that sex is immoral if it female.
cuts off the possibility of procreation Sexual identity is related to but different from
Nor are willing to accept the claim that sex gender identity
without love is immoral
-END-
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(Davis, 1982)
Key Ethical Principles
1. Respect for autonomy
-informed decision-making
2. Non-maleficence
-”do no harm”
3. Beneficence
- maximum benefit
4. Justice
-distributive fairness
PHYSICIAN’S FIDUCIARY DUTY
TO PROMOTE PATIENTS’ WELFARE ABOVE ALL
ELSE
1. BE LOYAL TO PATIENTS
2. ACT IN THEIR PATIENTS’ INTERESTS
3. MAKE THEIR PATIENTS’ WELFARE THEIR FIRST
CONSIDERATION
4. KEEP PATIENT INFORMATION CONFIDENTIAL
The revenues of the 12 largest pharmaceutical manufacturers on the Fortune 500
list range from $67.2 billion (Pfizer) to $5.5 billion (Celgene).
Source: http://www.drugchannels.net/2014/06/profits-in-2014-fortune-500.html
GSK FINED USD3 Bn, 2012
• GlaxoSmithKline fined $3bn after bribing
doctors to increase drugs sales
• Sales reps in the US encouraged to mis-sell
antidepressants Paxil and Wellbutrin and
asthma treatment Advair
Dossey L. Creating Disease: Big Pharma and Disease Mongering. Huffington Post
http://www.huffingtonpost.com/dr-larry-dossey/big-pharma-health-care-cr_b_613311.html
“Disease mongering”
• Taking a normal function and implying that there’s something
wrong with it and that it should be treated
• Describing suffering that isn’t necessarily there
• Defining as large a proportion of the population as possible as
suffering from the disease
• Defining a condition as a deficiency disease or as a disease of
hormonal imbalance
• Recruiting doctors to spin the message
• Using statistics selectively to exaggerate the benefits of treatment
• Promoting the treatment as risk-free
• Taking a common symptom that could mean anything and making it
sound as if it is a sign of a serious disease
Dossey L. Creating Disease: Big Pharma and Disease Mongering. Huffington Post
http://www.huffingtonpost.com/dr-larry-dossey/big-pharma-health-care-cr_b_613311.html
“Disease mongering”
• ERECTILE DYSFUNCTION
• FEMALE SEXUAL DYSFUNCTION
• BIPOLAR DISORDER
• ATTENTION DEFICIT HYPERACTIVITY DISORDER
• RESTLESS LEG SYNDROME
• OSTEOPOROSIS
• SOCIAL ANXIETY DISORDER (SOCIAL SHYNESS
• IRRITABLE BOWEL SYNDROM
• BALDING
• AGING
Dossey L. Creating Disease: Big Pharma and Disease Mongering. Huffington Post
http://www.huffingtonpost.com/dr-larry-dossey/big-pharma-health-care-cr_b_613311.html
“Disease mongering”
• INCIDENCE OF CONDITION HAS BEEN EXAGGERATED IN
PURSUIT OF CORPORATE PROFITS
• PSYCHOLOGICAL COSTS
• FINANCIAL COSTS
• PERSONAL/SOCIAL COSTS
Dossey L. Creating Disease: Big Pharma and Disease Mongering. Huffington Post
http://www.huffingtonpost.com/dr-larry-dossey/big-pharma-health-care-cr_b_613311.html
Influence of pharma on physicians
• 8 out of 10 received gifts, usually free food at
their workplace
• 8 out of 10 received free medicine samples
• 4 out of 10 had their expenses paid to attend
meetings and conferences
• 3 out of 10 were paid consultants, on a
company speakers bureau or advisor board
Wazana A. Physicians and the pharmaceutical industry: is a gift ever just a gift? JAMA 2000 Jan 19;283(3):373-80.
Physicians and “Gifts”
• INCREASING REQUEST OF PHYSICIANS FOR
ADDING THE DRUGS TO THE HOSPITAL
FORMULARY
• CHANGES IN PRESCRIBING PRACTICES
• DRUG COMPANY SPONSORED CME
HIGHLIGHTED THE SPONSOR’S DRUGS
Wazana A. Physicians and the pharmaceutical industry: is a gift ever just a gift? JAMA 2000 Jan 19;283(3):373-80.
Physicians and “Gifts”
• ATTENDING SPONSORED CME EVENTS AND
ACCEPTING FUNDING FOR TRAVEL OR
LODGING FOR ATTENDING SYMPOSIA WERE
ASSOCIATED WITH INCREASED PRESCRIPTION
RATES OF THE SPONSOR’S MEDICATION
• ATTENDING PRESENTATIONS GIVEN BY
PHARMACEUTICAL REPRESENTATIVE
SPEAKERS WERE ASSOCIATED WITH
NONRATIONAL PRESCRIBING.
Wazana A. Physicians and the pharmaceutical industry: is a gift ever just a gift? JAMA 2000 Jan 19;283(3):373-80.
Gift Economy
• Coffee mugs, free lunches
• Pen lights
• Knap sacks
• Stethoscopes
• Pocket textbooks
“… few doctors accept that they themselves have been
corrupted. Most doctors believe that they are quite
untouched by the seductive ways of industry marketing;
that they are uninfluenced by the promotional
propaganda they receive; that they can enjoy a
company’s ‘generosity’ in the form of gifts and hospitality
without prescribing its products. The degree to which
the profession, mainly composed of honourable and
decent men/women, can practice such self deceith is
quite extraordinary. No drug company gives away its
shareholders’ money in the act of disinterested
generosity.”
Rawlins, 1984
Effect of free samples on Rx
If promotion did not affect
treatment decisions, would
pharmaceutical companies pour
billions of dollars into marketing
targeting professionals, i.e. MDs,
each year?
• Codes of conduct for pharmaceutical companies
developed by industry organisations tend to be voluntary
but are often backed up by complaints procedures
• Most such codes prohibit companies from giving doctors
inducements to prescribe their products
• Many doctors' organisations offer guidance about
commercially funded researchJournal editors have issued
a statement aimed at preventing suppression of
unfavourable findings
• Guidance on good publication practice for pharmaceutical
companies was lacking until recently
• Dialogue between the interested parties is needed before
further guidance on the doctor-industry relationship is
issued
BMJ. 2003 May 31; 326(7400): 1196–1198.doi: 10.1136/bmj.326.7400.1196PMCID: PMC1126055
How to dance with porcupines: rules and guidelines on doctors' relations with drug companies
Elizabeth Wager, publications consultant1
Merck ordered to pay $321 million criminal fine for
illegally marketing Vioxx painkillerThursday, April 26, 2012
by: Ethan A. Huff
http://www.naturalnews.com/035690_Merck_Vioxx_marketing.html
Patients’ Attitudes on Gifts to MDs
Sample: 486 Patients
Blake RL Jr, Early EK. Patients' attitudes about gifts to physicians from pharmaceutical companies.
J Am Board Fam Pract. 1995 Nov-Dec;8(6):457-64.
Patients’ Attitudes on Gifts to MDs
• 32.5% DISAPPROVE OF MDs ACCEPTING
PAYMENT BY PHARMACEUTICAL COMPANY OF
MEDICAL CONFERENCE EXPENSES
• 28-43% DISAPPROVED OF MDs ATTENDING
SOCIAL EVENTS SPONSORED BY
PHARMACEUTICALS
• 70% BELIEVED GIFTS INFLUENCE MDs
PRESCRIBING MEDICATIONS
• 64% BELIEVED GIFTS TO MDs INCREASE
MEDICATION COSTS
Patients’ Attitudes on Gifts to MDs
CONCLUSION
APPROVAL RATES WERE HIGH FOR GIFTS
CONSIDERED TO BE TRIVIAL OR THAT HAVE
POTENTIAL VALUE TO PATIENT CARE;
DISAPPROVAL RATES WERE RELATIVELY HIGH FOR
GIFTS THAT HAVE SOME MONETARY VALUE BUT
HAVE LITTLE OR NO BENEFIT TO PATIENTS.
OPINIONS ABOUT GIFTS WERE RELATED TO
PERCEPTION OF EFFECTS ON PRESCRIBING
BEHAVIOR AND COSTS.
PHAP CASES: TOP FIVE INQUIRIES
-END-
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-END-
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Editor’s note: I opted to combine both lectures because of reasons. ‘Nuff said. Good luck, Batch 2016! Thank you to all transcribers,
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OUTLINE
A. Bioethical Guidelines and Issues in Pediatrics: B. Key Facts on Disability and Health
Impaired Newborns Definition
Guidelines on To Treat or Not to Treat Guidelines
Guidelines on Initiating Versus Withdrawing Issues
Treatment
Issues
Philippine Ethical Guidelines in the Immediate
Care of Extremely Premature and Extremely Low
Birth Weight Neonates
*In cases of disagreements or uncertainty about whether or IS FOOD, WATER, AND PALLIATIVE CARE ALWAYS
not treatment is required, a bioethics committee should be REQUIRED?
consulted. Depending on the clinical circumstances,
nutrition and hydration may be considered
WITHHOLDING/WITHDRAWING LIFE SUSTAINING medical treatment.
TREATMENT The child should not be made to suffer needlessly.
The attending physician (AP) should assume the Nutrition and hydration should be provided to
primary responsibility for coordinating all patients; as long as this is of sufficient benefit
communication among those involved in to outweigh the burdens involved to the
considering to limit or withdraw therapy. patient/family, medically assisted nutrition and
The AP or family may initiate the discussion and hydration should also be given.
decide concerning withholding or withdrawing life
support measures in the presence of the ARE COSTS AND USE OF RESOURCES RELEVANT
following: FACTORS IN NON-TREATMENT DECISIONS?
1. Patient’s condition is terminal and death is There is no set value on life or an upper limit on
imminent expenditures for life-sustaining treatment.
2. Patient is irreversibly comatose or in If treatment is virtually futile and prognosis for a
persistent vegetative state and there is no minimally good quality of life is very poor, one
hope for improvement may end/withdraw treatment.
3. The burden of treatment far outweighs the
benefit WHEN NON-TREATMENT IS GENERALLY ACCEPTED
Every surrogate/family is obliged to use There is brain death.
proportionate means to preserve the child’s The child is in a persistent vegetative state and
health there is virtually no hope of recovery
Treatment is clearly futile.
-END-
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*The "dead-donor rule" refers to two widely accepted ethical norms SALE OF ORGANS
that govern practices of organ procurement for transplantation: Selling of human organs is unethical because it is
1) Vital organs should be taken only from dead patients contrary to the dignity of the human being and because
2) Living patients should not be killed for or by organ procurement. need, rather than wealth, should determine who
receives an organ
The most rigid moral argument not allowing the sale of
1) FIRST CRITERIA (TRADITIONAL)
donated organs
Irreversible cessation of CARDIOPULMONARY
Reduces the human person to a commodity
FUNCTIONS
However, when you rely on this criteria, what
viable organ will you get? Wala na, anoxic na.
2) SECOND CRITERIA (MORE POPULAR) -END-
Irreversible cessation of ALL BRAIN FUNCTIONS,
including those of the brain stem
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