medical ethical dilemma cases

She appeared to be initially very happy at this home. For instance, when Dina was admitted into hospital, she was immediately given the appropriate treatment because she was owed the duty ‘to do no harm’. Even though this action may have taken place at a critical stage, the consultant can prove that his action helped to minimize Dina’s pain. Article 8: Right to a private and family life – is a qualified right, which includes: respect for your sexuality, the right to make choices for yourself, and the right to have your body and mind respected. Section III of the MCA goes on to consider patient values in relation to the concept of the medical decision, which requires to be understood by reference to the multiple ‘stakeholders’ involved in it: the patient herself (Dina), the authority responsible for resource allocation (the nursing home and hospital) as well as the person making the clinical determination (the doctors / hospital). The parents of a woman in a persistent vegetative state request the right to remove her life support equipment. However, some moral choices don’t involve getting any happiness at all. He did not want his donation to generate commercial profit for private entities. Click on each Case Study to view. A parent is charged with critically harming his child who is on life support. June 25, 2008. September 2000. She is receiving supplemental nutrition through IV Fluids, but this has resulted in swelling in her arm making it twice its normal size and it is painful. As the theory of Utilitarianism was developed and refined over the years, there emerged two distinct branches of Utilitarianism. What was your biggest ethical dilemma? John Coggon, ‘Varied and Principled Understandings of Autonomy in English Law: Justifiable Inconsistency or Blinkered Moralism?’ (2007) 15(3) Health Care Anal 235. Experiments were designed to test the “safety and tolerance” of AIDS medications, some of which have potentially dangerous side effects. Ultimately, the patient must decide whether the potential benefits outweigh the potential harms. After retirement, Dina, who has never married and never had children, sold her home, and moved into a Nursing Home. He should also have taken the time to examine the patient in order to diagnose her correctly. Reasons such as religious beliefs, medical concerns are easily resolved by reason and need. Free resources to assist you with your university studies! An infant is removed from life support against his mother's wishes. [35], Termination of mechanical ventilation and life support, Withholding life-prolonging medical treatment, "Tuskegee Study – Timeline". I will be using case law to consider whether or not Dina is a competent adult and has a right to accept or refuse hospital admission as well as the life-saving treatment during her hospital admission. Prison officials question whether to force-feed inmates who are on hunger strike. These are people like Dina who are on hospital admission but are not detained under the Mental Health Act 2005. Volume 1 – Report and Formal Minutes. A replica of Dina’s situation which occured  in Airedale NHS Trust v Bland. doi: 10.1001/amajethics.2020.1004. Case 1: A woman enters the emergency room with stomach pain. A 20-year-old, pregnant, Black Hispanic female presented to the Emergency Department (ED) in critical condition following a single-vehicle car accident. In a five paragraph essay, apply ONE ethical theory to decide the moral course of action in the medical case of the premature twins studied in class (see link below) In the video, philosophers applied the three major ethical principles you learned in this class: Kant's Categorical Imperative, Utilitarianism, and Virtue Ethics. The 1973 decision of Roe v. Wade is still debated heavily in politics. In modern-day health care provision, certain ethical issues have to be addressed. Dina finally died ten hours later. The test for establishing capacity level will be further covered under my Mental Capacity section below. Numerous blood tests and scans at the hospital showed that her platelet blood count is abnormally low and her spleen was mal-functioning (scan showed metastasis tumor). There is always a dilemma in applying treatment decisions, in that, doctors often consider what course of action to take in order to promote a patient’s best interests. David Hume, An enquiry concerning the principles of morals (Tom Beauchamp, ed), Oxford University Press, 1998, Department for Constitutional Affairs, Mental Capacity Act 2005—Code of Practice (TSO 2007), D. Pretty  v The UK, (Application no.2346/02) (2002) 35 E.H.R.R 1 ), Emily Jackson, Medical Law, Texts Cases and Materials (2nd ed OUP 2010) 64, Ethics & Medicine: An International Journal of Bioethics 27(1), Spring 2011, 13-16. Richard Huxtable, ‘ ‘In a Twilight World’? In another typical case, Justice Cardozo proclaimed in his classic statement that “Every human being of adult years and sound mind has a right to determine what shall be done with his own body; and a surgeon who performs an operation without his patient’s consent commits an assault, for which he is liable in damages.”Schloendorff v Society of New York Hospital 211 NY 125 (1914). In addition, physicians must not do anything that would purposely harm patients without the action being balanced by proportional benefit. (Kant, Immanuel. A couple request the legal right to commit suicide together, although only the husband was ill. A man who suffered severe burns requests the right to die. In other words the more happiness and the less unhappiness an action produces the more morally praiseworthy it will be. But patients’ classification into competent and incompetent helps to establish their level of capacity. He holds that actions are right in proportion as they tend to promote happiness: and wrong as they tend to produce the reverse of happiness. 1785). [33], In 2006, GSK and the US Army were criticized for Hepatitis E vaccine experiments conducted in 2003 on 2,000 soldiers of the Nepali Army. However, if his actions were not a generally accepted practice within the hospital setting then it would generate far more pain for society as a whole. Jeremy Bentham famously stated, ‘… nature has placed mankind under the governance of two sovereign masters, pain and pleasure’. He also notes a reference to a complete listing: Edmund Pincoffs, Quandaries and virtues, University Press of Kansas, 1986. Choose one of the scenarios on this site, or select a case of your own choosing from another resource. http://www.liberty-human-rights.org.uk/. (Kant, Immanuel. Each right is referred to as a separate Article. G. F. Macdonald. So long as the aggregate happiness is maximized, there is nothing wrong with minority interests being served on certain occasions. David Hume, An enquiry concerning the principles of morals, 1998. Believe though that these interests have been remarkable for starting broad discussion and for setting precedent in medical which. The dominant rule at law is called the Human rights: the Nichomachean (... Offer ethical analysis and medical law should be legally allowed to leave hospital... Discrimination because it does not have wanted our Human rights are protected by using restrictions only... 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