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Bioethics: Applying the Basic Principles

to Resolve an Ethical Dilemma


Neel Karnani, MD

Abstract: Given the complexity of medical issues and the often emo- The right to autonomy applies even when the patient’s
tionally charged situation at hand, clinicians need a moral compass to decisions differ from the physician’s recommendations.
help guide them when dealing with ethical problems. Beauchamp and Moreover, disagreement about proposed medical care is not
Childress have proposed a “ four principles” approach to providing a grounds for a paternalistic determination of impaired deci-
pragmatic way to analyze moral dilemmas. This article describes these four sion-making capacity. However, autonomy does not extend
basic prima facie ethical principles that form an analytical framework to the patient a right to insist that any and all treatments be
used to solve ethical challenges. A case study is included to illustrate the provided, regardless of the likely benefit or costs. In addition,
application of relevant ethical principles to help the clinician find his autonomy is not always absolute. It may not impinge on the
or her moral bearing. rights and freedoms of others.
Introduction of Ethical Principles The ability to exercise the right to one’s autonomy is
Whenever the physician-patient relationship is established, predicated on intact decision making capacity, which may
the physician’s work of diagnosis, evaluation, and treatment is be defined as the ability to understand and appreciate the
embedded in an ethical context. Moral reasoning is required consequences of a particular decision or lack of decision.
to reach ethically sound decisions. This is not an inherent gift The term ‘competence’ is frequently used interchangeably
but a skill that must be practiced so that it becomes a part with ‘capacity’, whereas their implications are different.
of the clinician’s life. Competency is a legal term and is used to describe a person’s
ability to manage all of their affairs; when in question, it is
During the 1970s four basic ethical principles emerged in the determined by court proceedings. ‘Capacity’ is the term used
bioethical realm: autonomy, beneficence, nonmaleficence and to denote a patient’s ability to make health care decisions;
justice.1 These principles provide a basic analytical framework it is determined by physicians, sometimes with the help of
that can help clinicians make decisions when reflecting on psychiatric consultants.
moral issues they face in their daily practices. They provide
guidelines that are instrumental in delineating the rights and Capacity requires four elements of the patient’s ability:
responsibilities of all parties involved. Society, at large, can 1. To comprehend information about the condition and the
then be reassured that deliberate decisions are being made in choices available.
accordance with relevant facts and accepted ethical values. 2. To make a judgment about the information consistent with
personal values
To quote Raanan Gillon, a longtime physician and pio- 3. To understand the potential outcomes and possible adverse
neer in medical ethics in the United Kingdom, “The four consequences of the choices
principles should be thought of as the four moral nucleotides 4. To possess the facility to freely communicate one’s wishes.4
that constitute moral DNA- capable, alone or in combina-
tion, of explaining and justifying all the substantive and Non-maleficence
universalisable moral norms of health care ethics and I
suspect of ethics generally.”2 “Primum non nocere” is a Latin phrase that means, “First,
do no harm.” The phrase is sometimes recorded as primum
Given the complexity of the decisions to be made when nil nocere. Since at least 1860 the phrase has been a hallowed
treating patients who are seriously ill, no set of basic principles expression for physicians of hope and intention. Contrary to
or guidelines can magically unveil the right choice. There are popular belief, the phrase is not in the Hippocratic Oath.
often going to be shades of gray that confront the practitioner
and patient. However, a framework for ethical decision-mak- The principle of non-maleficence denotes a responsibility
ing can prove to be invaluable when the clinician is trying to to avoid doing harm to patients, either through acts of com-
sort through the emotionally charged issues at hand. mission or omission. This is one of the principal precepts
physicians are taught in medical school. It reminds a physi-
Respect for Autonomy cian that he or she must consider the possible harm that any
Autonomy refers to the right of the patient to deter- intervention might do. It is most often mentioned when
mine what will be done with his or her own person. The debating use of an intervention with an obvious chance of
principle of respect for autonomy refers to a patient’s right harm, but a less certain chance of benefit.
to make decisions regarding treatment according to one’s Beneficence
own belief system, cultural and personal values and life
plans. Medical confidentiality is another implication of Beneficence is strongly tied to the utilitarian theory of
respecting patients’ autonomy.3 ethics. The principle of beneficence obliges physicians to act
always in the best interest of the patient, or more explicitly, to
“do good” for patients. “Doing good” is considered virtuous
Address Correspondence to: Neel G. Karnani, MD, Medical Direc- conduct. However, fidelity to this principle does not mean
tor, Haven Hospice, 4200 NW 90th Blvd., Gainesville, FL 32606. preserving life at any cost.
Email: ngkarnani@havenhospice.org.

www . DCMS online . org Northeast Florida Medicine Supplement January 2008 
It is sometimes held that nonmaleficence is a constant duty, use them, if available. If they were prohibitively expensive,
that is, one ought never to do harm to another individual, he would have the option to forgo them.
whereas, beneficence is a limited duty. Though a physician has
a duty to seek the benefit of any or all of his patients, he has Different Ways of Doing Ethics
the option of choosing whom to admit into his practice.5 Three clinical ethicists, in a collaborative effort, have
developed another method to help solve ethical problems.
Justice They suggest doing an “ethics work-up,” much in the way
The principle of justice implies that physicians have an we perform a “history and physical”.7
obligation to treat similar patient situations in a similar These authors have identified four “topics” that are intrinsic
fashion. The term distributive justice refers to fair, equitable to each clinical encounter:
and appropriate distribution of resources in society deter-
1. Medical Indications: a review of the facts, opinions and
mined by justified norms that structure the terms of social interpretations about a patient’s condition that provides a
cooperation. The good of society must be considered in reasonable justification for diagnostic or therapeutic inter-
light of finite resources, which should be equitably allocated vention.
to benefit all patients.6 To quote Aristotle, “Giving to each 2. Patient Preferences : the patient’s choices regarding treatment
that which is due.” are shaped by information received from the physician, as
well as one’s own past experience and personal values and
The state of Oregon was the first to put forward a plan beliefs.
for systematic rationing of health care funds in the United 3. Quality of Life: is not easily defined because it expresses a
States. It underscores the need for a comprehensive and value judgement. One definition includes “performance
coherent health care system for the nation. Physicians must and enjoyment of social roles, physical health, intellectual
affirm that good stewardship of finite, material resources and functioning, emotional state, and life satisfaction or well
financial solvency are ethical goods that on the whole need being.”8
4. Contextual Features: this refers to the social, legal, economic
to be pursued and protected.
and institutional circumstances in which a specific clinical
encounter occurs. In other words, a wider concept that
Ethical Dilemmas includes family, the law, hospital staff and policy, insurance
It is when the four basic principles mentioned earlier come companies and so forth.
into conflict that much of the difficulty in ethical decision-
making occurs. Physicians may agree about our substantive This method of analysis (see Table 1, p. 5) begins with the
moral commitments and our moral obligations to the four factual features of the case and refers to the relevant principles
principles, yet we may disagree about their scope of application. mentioned earlier as they arise in the discussion of topics.7
In other words, we may disagree drastically about to what and All topics carry the same weight and each is evaluated from
to whom we owe these moral obligations. After identifying
the perspective of the facts of the case at hand. The authors
which principles are in conflict, a choice has to be made as to
believe this is a straightforward way to organize the facts and
which one should be honored so that an appropriate resolution
values of a case into an orderly pattern that will facilitate the
can be reached. Making that choice may not always be easy.
discussion and resolution of the ethical problem.
The principles do not take into account the importance of
the emotional element of the human experience. Often, the Yet others advocate for virtue ethics. Virtue ethics is a frame-
real issue may be one of three non-ethical related issues: poor work that focuses on the character of the moral agent rather
communication between involved parties, an administrative than the rightness of an action.9 Beauchamp and Childress, in
misunderstanding or legal ambiguity. their book, consider five virtues to be applicable to the clini-
cian: trustworthiness, integrity, discernment, compassion and
Case Study conscientiousness.1 Given the various geocultural variants of
A competent adult patient who is a Jehovah’s Witness ethics, the range of religious approaches to ethics, the myriad
loses a massive amount of blood from a bleeding duodenal of other types of ethics, it is not surprising that there are a lot
ulcer. The best chance of saving his life is an urgent blood of different ways to resolve ethical quandaries.
transfusion along with operative intervention to arrest the
bleeding. The patient refuses blood on religious grounds but Conclusion
asks for treatment instead with the best available non-blood It is for the readers to choose which method works best for
products, and surgery, accepting the substantial risk that them, based on their personal philosophy and past experience.
surgery without blood transfusion is much less likely to save For this author, “the four principles approach” has stood the
his life than surgery with blood transfusion. test of time. It is much more than a mere ‘checklist’ when ap-
The patient’s own assessment of harm versus benefits is proaching an ethical quandary. Once again, to quote Professor
that far more harm would come to him from a life saving Gillon, “Taken together the four principles afford a moral
transfusion than from death without a blood transfusion. underpinning for a contemporary summary ‘moral mission
To accede to this request would be honoring the patient’s statement’ for the goals of medicine in whatever culture.”2
autonomy. Patients have the right, legal or otherwise, to refuse Prospective application of the principle of beneficence can,
life-prolonging treatment. Along the lines of the principle of at times, be difficult, because of the inexact nature of medicine
distributive justice, even if non-blood alternative treatments and the likelihood of predicting good or bad consequences is
were more expensive than blood transfusions, they are not
imprecise, at best. However, these principles will be in play
so disproportionately expensive that it would be wrong to
long after physicians practicing now are gone.

 January 2008 Northeast Florida Medicine Supplement www . DCMS online . org
Table 1 Key Questions for an Ethics Work-up7

MEDICAL INDICATIONS PATIENT PREFERENCES

The Principles of Beneficence and The Principle of Respect for Autonomy


Nonmaleficence
1. Is the patient mentally capable and
1. What is the patient’s medical problem? legally competent? Is there evidence of
history? diagnosis? prognosis? incapacity?
2. Is the problem acute? chronic? Critical? 2. If competent, what is the patient
emergent? reversible? stating about preferences for
3. What are the goals of treatment? treatment?
4. What are the probabilities of success? 3. Has the patient been informed of
5. What are the plans in case of benefits and risks, understood this
therapeutic failure? information, and given consent?
6. In sum, how can this patient be 4. If incapacitated, who is the appropriate
benefited by medical and nursing surrogate? Is the surrogate using
care, and how can harm be avoided? appropriate standards for decision
making?
5. Has the patient expressed prior
preferences, e.g., Advance Directives?
6. Is the patient unwilling or unable to
cooperate with medical treatment?
If so, why?
7. In sum, is the patient’s right to choose
being respected to the extent possible
in ethics and law?

QUALITY OF LIFE CONTEXTUAL FEATURES

The Principles of Beneficence and The Principles of Loyalty and Fairness


Nonmaleficence and Respect for Autonomy
1. Are there family issues that might
1. What are the prospects, with or influence treatment decisions?
without treatment, for a return to 2. Are there provider (physicians and
normal life? nurses) issues that might influence
2. What physical, mental, and social treatment decisions?
deficits is the patient likely to 3. Are there financial and economic
experience if treatment succeeds? factors?
3. Are there biases that might prejudice 4. Are there religious or cultural factors?
the provider’s evaluation of the 5. Are there limits on confidentiality?
patient’s quality of life? 6. Are there problems of allocation of
4. Is the patient’s present or future resources?
condition such that his or her 7. How does the law affect treatment
continued life might be judged decisions?
undesirable? 8. Is clinical research or teaching
5. Is there any plan and rationale to forgo involved?
treatment? 9. Is there any conflict of interest on the
6. Are there plans for comfort and part of the providers or the institution?
palliative care?

Used with permission from McGraw Hill


Special note: The use of the term “principle” in this table must be distinguished from the “Four principles approach”
first described by Beauchamp and Childress.

References 6. McCormick TR. Principles of Bioethics. University of


1. Beauchamp TL, Childress J. Principles of biomedical ethics [4th ed]. Washington School of Medicine. http://depts.washington.
Oxford, New York: Oxford University Press, 1994:466-475. edu/bioethx/tools/princpl.html.
2. Gillon R. Ethics needs principles. J Med Ethics 2003;29 307-312. 7 Jonsen AR, Siegler M, Winsdale WJ. Clinical Ethics [6th ed.
3. Gillon R. Medical ethics: four principles plus attention to ] McGraw Hill Companies 2006, 11.
scope. BMJ 1994;309:184. 8 Pearlman RA, Uhlmann RF. Quality of life in the elderly.
4. Storey P, Knight CF. Ethical and legal decision making when J Appl Gerontol 1988;7:316-330.
caring for the terminally ill Unipac Six (2nd ed). 9. Gardiner P. A virtue ethics approach to moral dilemmas in
5. American Medical Association, Council on Ethical and Judicial medicine. J Med Ethics 2003; 29:297-302.
Affairs. Code of Medical Ethics, Section E-9.06.

www . DCMS online . org Northeast Florida Medicine Supplement January 2008 

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