11.medical ethics and challenges in clinical practice

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    Medical Ethics andChallenges in Clinical

    PracticeDjoko Wahono Soeatmadji

    http://rds.yahoo.com/_ylt=A9G_bHMmrL1IvI4AbaeJzbkF;_ylu=X3oDMTBxdmQzaHJiBHBvcwM5BHNlYwNzcgR2dGlkA0kwODdfMTA5/SIG=1gk49jk48/EXP=1220476326/**http%3A//images.search.yahoo.com/images/view%3Fback=http%253A%252F%252Fimages.search.yahoo.com%252Fsearch%252Fimages%253Fei%253DUTF-8%2526p%253Dphysician%2526fp_ip%253DID%2526fr2%253Dtab-web%2526fr%253Dyfp-t-501%26w=600%26h=401%26imgurl=www.kyma.org%252Fimages%252Fphysician_xray.jpg%26rurl=http%253A%252F%252Fwww.professorsearch.com%252Flaw%252Fphysician%26size=44.7kB%26name=physician_xray.jpg%26p=physician%26type=JPG%26oid=03c845c865d81dc2%26no=9%26tt=373,642%26sigr=11cen8128%26sigi=1164cd4jb%26sigb=133va9q8chttp://rds.yahoo.com/_ylt=A9G_bHMmrL1IvI4Aa6eJzbkF;_ylu=X3oDMTBxZGFxZ2diBHBvcwM4BHNlYwNzcgR2dGlkA0kwODdfMTA5/SIG=1lc169q2j/EXP=1220476326/**http%3A//images.search.yahoo.com/images/view%3Fback=http%253A%252F%252Fimages.search.yahoo.com%252Fsearch%252Fimages%253Fei%253DUTF-8%2526p%253Dphysician%2526fp_ip%253DID%2526fr2%253Dtab-web%2526fr%253Dyfp-t-501%26w=375%26h=500%26imgurl=static.flickr.com%252F83%252F236534735_5f13887830.jpg%26rurl=http%253A%252F%252Fwww.flickr.com%252Fphotos%252Fthatotherguy%252F236534735%252F%26size=101.6kB%26name=Stethoscope%26p=physician%26type=JPG%26oid=ee052f7ac8bee312%26fusr=That%2BOther%2BGuy%26tit=Stethoscope%26hurl=http%253A%252F%252Fwww.flickr.com%252Fphotos%252Fthatotherguy%252F%26no=8%26tt=373,642%26sigr=11k0fosge%26sigi=11dcv8puc%26sigb=133va9q8c%26sigh=11a1hpvdb
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    The Doctor for the 21 st Century Promote health, prevent and treat disease, and

    rehabilitate the disable in a compassionate, ethical way (within resources constrain) Providers of primary care Communicators

    Critical thinkers Motivated life-long learners Information specialist Citizen of the World Practitionars of applied economics, sociology,

    anthropology, epidemiology and behaviouralmedicine

    Health team managers Advocate for communities

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    Patients are entitled to gooddoctors..

    Patients must be able to trustdoctors with their lives and

    wellbeing..

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    Good Doctors

    Good doctors make the care of theirpatients their first concern: they are

    competent, keep their knowledge andskills up to date, establish and maintaingood relationships with patients and

    colleagues, are honest andtrustworthy, and act with integrity.

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    Physicians frequently confront ethical issues inclinical practice that perplexing, time-consuming , and emotionally draining .

    Experience, common sense, and simply being a

    good person do not guarantee that physicianscan identify or resolve ethical dilemmas.

    Knowledge about common ethical dilemmas is

    also essential

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    Historical Background

    The Hipocratic Oath Ischaq bin Ali Rahawi

    Maimonides (Jewis thinkers) Thomas Aquinas (Roman Catholic scholastic) Thomas Percival (Medical juris prudence) The American Medical Association (1847)

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    Six of the values that commonly apply tomedical ethics discussions are

    Autonomy (The patient has the right to refuse or choose theirtreatment ( Voluntas aegroti suprema lex )

    Beneficence (A practitioner should act in the best interest of the patient ( Salus aegroti suprema lex )

    Non-malificence ("first, do no harm" ( primum non nocere ) Justice (Concerns the distribution of scarce health resources,and the decision of who gets what treatment (fairness andequality)

    Dignity (The patient (and the person treating the patient)

    have the right to dignity) Thruthfulness and honesty (The concept of informed consenthas increased in importance since the historical events of theDoctorss Trial of the Nurembergs and Tuskegee SyohillisStudy

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    The principle of autonomyrecognizes the rights of individuals

    to self determination

    A patient's competency for making life-

    and-death decisions at the end of life ?

    Autonomy

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    The term beneficence refers toactions that promote the wellbeingof others.

    One of the core values of healthcare ethics (James Childress and

    Tom Bauchamp, 1978)

    Beneficence

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    The guidance of beneficence requires physiciansto act for the patients benefit.. The interest of the patient should prevail overphysicians self -interest or the interest of 3 rd

    parties (e.g. hospitals or insurers)..

    ...These obligation contrast sharply with

    bussiness relationship

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    Enthusiastic practitioners are prone to

    using treatments that they believe willdo good, without first having evaluatedthem adequately to ensure they do no

    (or only acceptable levels of) harm.Much harm has been done to patients

    as a result

    Non-Maleficence(Primum non nocere)

    (first, do no harm)

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    He or she should not prescribemedications (or otherwise treat thepatient) unless s/he knows that the

    treatment is unlikely to be harmful; orat the very least, that patient understands the risks and benefits , and

    that the likely benefits outweigh thelikely risks

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    In practice, however, manytreatments carry some risk of harm..

    The principle of non-maleficence isnot absolute, and must be balancedagainst the principle of beneficence

    (doing good)

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    "Non-maleficence" is defined by itscultural context

    Violation of non-maleficence is thesubject of medical malpractice

    litigation. Regulations thereof differ,over time, per nation

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    Double effectSome interventions undertaken by physicians

    can create a positive outcome whileunintentionally doing foreseeable harm. The

    combination of these two circumstances isknown as the "double effect".

    Use of morphine in dying patient can ease the pain andsuffering of the patient, while simultaneouslyhastening the demise of the patient through

    suppression of the respiratory system

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    Conflicts between autonomy andbeneficence/non-maleficence

    Examples include when a patientdoes not want a treatment becauseof, for example, religious or cultural

    views

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    Different societies settle the conflict in a widerange of manners. Western medicine generallydefers to the wishes of a mentally competent

    patient to make his own decisions, even incases where the medical team believes that heis not acting in his own best interests. However,many other societies prioritize beneficence over

    autonomy

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    In the case of euthanasia the patient, orrelatives of a patient, may want to endthe life of the patient. Also, the patient

    may want an unnecessary treatment, ascan be the case in hypochondria . A doctormay want to prefer Autonomy because

    refusal to please the patient's will wouldharm the doctor-patient relationship

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    The role of surrogate medicaldecision makers is an extension of

    the principle of autonomy

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    Fundamental Elements For DisclosureTo Patients

    Diagnosis and prognosis Nature of proposed intervention Reseonable alternative intervention Risk associated with each alternative intervention Benefits associated with each alternative

    intervention Probable outcomes of each alternative intervention

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    A person must be fully-informed aboutand understand the potential benefitsand risks of their choice of treatment

    An uninformed person is at risk of mistakenly making a choice not reflective

    of his or her values or wishes

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    If the patient is incapacitated,laws around the world designatedifferent processes for obtaining

    informed consent, typically byhaving a person appointed by

    the patient or their next kin make decisions for them.

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    The value of informed consent is

    closely related to the values of autonomy and truth telling

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    Legal protections prevent physicians fromrevealing their discussions with patients,

    even under oath in court.

    Numerous exceptions to the rules have

    been carved out over the years (gun-shotwounds; impaired drivers; sexually

    transmitted diseases ???)

    Confidentiality(Patient-physician privilege)

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    A correlate to informed consent is

    the concept of informed refusal

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    Health is a political issue Health is a basic humanentitlement, to which all should have

    equal access and equal right

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    Justice forbids discrimination inhealth care (education ?) based on

    race, religion, or gender andsupports a moral right to health care,with access based on medical need

    rather than ability to pay.

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    Most illness has its origins insocial condition

    health is a political issue and those enjoying care do notwant to share it ..

    Both in the underdeveloped and thedeveloped world the medicalcontribution is largely inappropriateto health need and does not copewith helath problems of the vastmajority

    gap between health care andmedical care has become evenwider

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    Professional Responsibility Violations (ingeneral)

    Conflicts of interest Mishandling of client Disclosure of confidential information