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Informed consent in healthcare
Informed consent in healthcare
Ethics and patient autonomy
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When someone hears about a significant breakthrough in the medical field, the first thing that comes to their mind is who were the scientist that achieved this finding and how? Never do they stop and think about those who participated and were impacted because of this cure that is now cured, specifically those who did not give their own consent. This issue is present in America and is overlooked upon as something that is inconsequential. Since it is unethical for scientists to make decisions without patients' consent, where is the line drawn regarding patients' rights when people have a right to decide what is taken from their body and what it is used for. The point has been made clear about the disagreement of uninformed consent —yet it is
Throughout the article, Saunders often discusses presumed consent. Presumed consent is the idea that we can assume that a person’s organs may be used and that this permits us to take them as if they had consented to organ donation, unless they have registered an objection. This is challenging because it implies that consent is a mental attitude – something like approval – instead of an act. Saunders argues that if consent is necessary to be given, then it cannot merely be presumed when no act has taken
Melanson, Glen. “How the Contractualist Account of Preconception Negligence Undermines Prenatal Reproductive Autonomy.” Journal of Medicine and Philosophy 38.4 (Aug. 2013): 420-425. Health Reference Center Academic. Web. 09 Feb. 2014.
Schneckloth v. Bustamonte is a decidedly pro-order case because it qualifies another excuse police can raise to search a citizen. It asserts that an individual can verbally waive their Fourth Amendment right against unreasonable searches and seizures so long as this waiver is not coerced by a government official. The Court goes on to decide that it is not required for suspects to demonstrate knowledge of these rights before waiving them. The blow to liberty interest is put most elegantly in Justice Marshall's dissent when he writes, "I have difficulty in comprehending how a decision made without knowledge of available alternatives can be treated as a choice at all." This precedent that a citizen may make a decision to waive their rights without knowing of the alternative, in this case maintaining the Fourth Amendment's protections, is perfectly legitimate is dangerous for liberty interests in a world where order-seeking policemen seek to take advantage of uninformed citizens. It is a terrible matter of policy. The logic in reaching this conclusion is no better. It is an argument fraught with weak reasoning and dangerous interpretations of the Constitution.
Sexual intercourse between two people who willingly consent to the actions results in strong human emotional bonding. The act is permissible only when the two parties involved mutually desire to engage in sexual intercourse with each other. In the following case, the mutual agreement is broken. A man engages in sexual intercourse with his wife who is in a minimal conscious state and is paralyzed after an automobile accident. The wife is a 29-year-old woman who suffered from severe brain injury, leaving her unable to care for herself. She is only able to show some response to visual, auditory and tactile stimulation. In addition to being incontinent, she is unable to walk, talk, move or eat on her own. Despite her incapacities, her husband chose to continue the sexual relationship he previously shared with his wife, but consequently she became pregnant. The pregnancy was terminated because it was in the best interest of the wife’s health. The wife’s family considers the husband’s actions rape, and notified the police. The husband’s actions go against fundamental moral and ethical principles. The husband’s actions are deemed unethical because the wife’s incompetency disables her capability to consent to sexual intercourse, leaving her with no choice.
Ingram, David, and Jennifer A. Parks. "Biomedical Ethics." The Complete Idiot's Guide to Understanding Ethics. Indianapolis, IN: Alpha, 2002. N. pag. Print.
How can a child make the decision for the life of another child by themselves? In this paper I will outline the mental, physical, and safety issues of minors (age 18 and under) having an abortion and why it is so important that they need to get parental consent before making this life long decision.
One of the cases described earlier was about a women who was seemingly forced into consent. This was because the man gave her the choice to have sex with him, or he would kill her. This was forced consent in that for most people death would make them worse off than unwanted sex. This is a great example by Wertheimer about how someone can agree to consent, but it is not acceptable ethically. The threat that the man gives the women is not even debatable over whether or not it is ethical. It simply is wrong of him to force her into something that she otherwise would most likely not have agreed
It is amazing that in this day and age that there is even a concern about the constitutional rights of suspects involved in computer related crime. The rights of the citizens of this country have been eroded by the passage of many laws including the U.S.A. P.A.T.R.O.T. Act. People can expect to have less privacy because of these laws. The government can enter a person’s house that is not suspected of terrorism or any criminal activity at all. They are free to search the house of that person. There is a good chance that whatever crime is observed will not be ignored. If the government searches a house under a secret warrant possible by the Act, and finds child pornography, the suspect is sure to be prosecuted. It is almost impossible to determine what type of defense that an attorney would use. Maybe the federal government would use their evidence found in regards to the Act to tip off local law enforcement of any violations of the law. This would give local law enforcement officers the means to follow the proper procedures such as obtainin...
Many arguments in the abortion debate assume that the morality of abortion depends upon the moral status of the foetus. While I regard the moral status of the foetus as important, it is not the central issue that determines the moral justifiability of abortion. The foetus may be awarded a level of moral status, nevertheless, such status does not result in the prescription of a set moral judgement. As with many morally significant issues, there are competing interests and a variety of possible outcomes that need to be considered when making a moral judgement on abortion. While we need to determine the moral status of the foetus in order to establish the type of entity we are dealing with, it does not, however, exist in a moral vacuum. There are other key issues requiring attention, such as the moral status and interests of the pregnant woman who may desire an abortion, and importantly, the likely consequences of aborting or not aborting a particular foetus. Furthermore, I assert that moral status should be awarded as a matter of degree, based upon the capacities of sentience and self-consciousness an entity possesses. In a bid to reach a coherent conclusion on the issue, the moral status of both foetus and woman, along with the likely results of aborting a particular foetus, must be considered together. Given the multiple facets requiring consideration, I assert that utilitarianism (Mill 1863) offers a coherent framework for weighing and comparing the inputs across a variety of situations, which can determine whether it is ever morally justifiable to have an abortion.
...r an affirmative consent standard, the law presumes that a woman does not grant consent unless she is asked. The responsibility will be on the male to demonstrate such consent if the woman, in her complaint, alleges no such consent was given; therefore, it will be his story of the events of the evening that is under examination by the court, rather than that of the woman. What affirmative consent represents, then, is a shift in the way society, and in particular the courts, look at the process of consenting to sexual intercourse. Affirmative consent recommends that sex should be viewed as an act that should be entered into willingly by both parties and that the opinion of both parties is equally valid in the eyes of the legal system. Affirmative consent marks a model of sexual interaction where both participants take responsibilities for their desires and actions.
When a person seeks medical attention they go with the hope that their personal rights will not be violated with the belief that doctors will uphold their personal standards. Unfortunately, this is not always so for people who visit the hospital. There are documented cases in United States history involving African Americans being experimented on for the greater good without their knowledge or consent, and some of the most heinous cases involve doctors injecting their study groups with life threatening diseases. What happens when good science goes bad and who has the right to relegate the status of another human being as less than? In this research paper we will examine a clinical testing case study featuring the violation and exploitation
There are many factors that are taken into consideration when determining if abortion is morally permissible, or wrong including; sentience of the fetus, the fetuses right to life, the difference between adult human beings and fetuses, the autonomy of the pregnant woman, and the legality of abortion. Don Marquis argues that abortion is always morally wrong, excluding cases in which the woman is threatened by pregnancy, or abortion after rape, because fetuses have a valuable future. Mary Anne Warren contends that late term abortions are morally permissible because birth is the most significant event for a fetus, and a woman’s autonomy should never be suspended.
“Action X is an informed consent by person P to intervention I if and only if:
As we have clearly seen, medicine for profit is not solving the problems of the healthcare system and many people are going bankrupt, dying, and choosing suicide over costly bills. Maybe we should learn from all of these situations and numbers and see that, like the UK did, we should be looking at ways to expand our basic human rights to include healthcare. The question at hand was is healthcare a right or a privilege, reviewing all facts, and data given you will see that Health Care in the United States is a privilege. It seems very vile to have resources, and services to deny a person who has a curable illness or disease, because they don’t have proper health care. However, this is the society we live in where liberty and justice for all comes before healthcare for all.
20 Feb. 2014. Nardo, Don. A. Biomedical Ethics.