Health Law and Ethics Chapter #1 Test #1

Applied ethics

"The philosophical search (within western philosophy) for right and wrong within controversial scenarios". It is the application of normative theories to practical moral problems, such as abortion, euthanasia, and assisted suicide.

The term ethics is used in three distinct but related ways signifying what?

1) Philosophical ethics 2) A general pattern or way of life 3) A set of rules of conduct or moral code

The Pillars of moral strength

1)courage 2)wisdom 3)temperature 4)commitment 5)compassion 6)conscientiousness 7)discernment 8)fairness 9)fidelity 10)freedom 11)honesty 12)integrity 13)kindness 14)respect 15)hopefulness 16)tolerance

Nonmaleficence

An ethical principle that requires caregivers to avoid causing patients harm. First do no harm. Doctors swear by the code of Hippocrates, pledging to do no harm.

Code of conduct

A code of conduct generally prescribes standards of conduct, states principles expressing responsibilities, and defines the rules expressing duties of professionals to whom they apply. Code of conduct often requires interpretation by caregivers as they apply to the specific circumstances surrounding each dilemma.

Conscientious

A conscientious person is one who has moral integrity and a strict regard for doing what is considered the right thing to do.

Distributive justice

A principle requiring that all persons be treated equally and fairly.

Bioethics

Addresses such difficult issues as the nature of life, the nature of death, what sort of life is worth living, what constitutes murder, how we should treat people who are especially vulnerable, and the responsibilities that we have to other human beings. It is about making better decisions when faced with diverse and complex circumstances.

Descriptive ethics

Also known as comparative ethics, is the study of what people believe to be right and wrong and why they believe it. It describes how people act, whereas normative ethics prescribes how people ought to act.

Courage as a virtue

Courage is the moral strength to persevere and withstand danger. It can be characterized as the ladder upon which all the other virtues mount. It is the strength of character necessary to continue in the face of fears and the challenges of life. Without courage, we are unable to take the risks necessary to achieve the things most valued.

Nonconsequential ethics

Denies that the consequences of an action are the only criteria for determining the morality of an action. Right or wrong depend on the intention and not the outcome.

Principles

Describe responsibilities that do not specify what the required conduct should be. Professionals need to make a judgement about what is desirable in a particular situation based on accepted principles.

Morality

Describes a class of rules held by society to govern the conduct of its individual members. It implies the quality of being in accord with standards of right and good conduct. Morality is a code of conduct. Morals are ideas about what is right and what is wrong. There is no universal morality that is recognized by all people in all cultures at all times.

Pillars of moral strength

Describes a virtuous person. It is ones virtues and values that build moral character.

Beneficence

Describes the principle of doing good, demonstrating kindness, showing compassion, and helping others. It requires one to do good. Doing good requires knowledge of the beliefs, culture, values, and preferences of the patient-what one person may believe to be good for a patient may in reality be harmful.

Deontological ethics

Determine right and wrong by identifying right kinds of acts and moral duties, not by looking at consequences. Consequences are not the determinant of what is right; therefore doing the right thing may not always lead to an increase in what is good.

Ethical theories

Ethical theories and principles introduce order into the way that people think about life. They are the foundations of ethical analysis and provide guidance in the decision-making process.

Ethics

Ethics is the branch of philosophy that seeks to understand the nature, purposes, justification, and founding principles of moral rules and the systems they comprise. Ethics deals with values relating to human conduct. It focuses on the rightness and wrongness of actions, as well as goodness and badness of motives and ends.

Summary thoughts

Even though we will not live forever, it is important to contain values and morals. It is important to control your behavior and act in a way that will define you in the future and how you will be remembered. Become who you want to be and behave how you want to be remembered. Control your thoughts, and do not let them control you. As to words, they are tools of thought. They can be sharper than any double-edged sword and hurt, or they can do good and heal.

Fairness

Fairness requires each person to be objective, unbiased, dispassionate, impartial, and consistent with the principles of ethics. Fairness is the ability to make judgement free from discrimination, dishonesty, or one's own bias. It is the ability to be objective without prejudice or bias.

Fidelity

Fidelity is the virtue of faithfulness, being true to our commitments and obligations to others.

Virtue Ethics and Values

Focuses on the inherent character of a person rather than on the specific actions he or she performs. A virtue is a positive trait of moral excellence. Values are standards of conduct. A moral value is the relative worth place on some virtuous behavior. Values give purpose to each life.

Honesty and trustworthiness

Honesty and trust involve confidence that a person will act with the right motives. It is the assured reliance on character, ability, strength or trust of someone or something.

Hopefulness

Hopefulness in the patient care setting involves looking forward to something with the confidence of success. Caregivers have a responsibility to balance truthfulness while promoting hope. We can pass on hope and love to one another.

Integrity

Integrity involves a steadfast adherence to a strict moral or ethical code and a commitment not to compromise this code.

Macro ethics

Involves a more global view of right and wrong. Solving ethical dilemmas involves consideration of ethical issues from both a micro and a macro perspective.

Micro ethics

Involves am individual's view of what is right and wrong based on one's personal teachings, tradition, and experiences.

Positive tolerance

It implies that a person accepts differences in others and that one does not expect others to believe, think, speak or act as he or she does.

Kindness

Kindness involves the quality of being considerate and sympathetic to another's needs. Some people are takers, and others are givers. If you go through life giving without the anticipation of receiving, you will be a kinder and happier person.

Detachment

Lack of concern for patients needs. Often translates into mistakes that result in patient injuries.

Moral dilemmas

Moral dilemmas in the health care setting often arise when values, rights, duties, and loyalties conflict. There is often no right or wrong answer when faced with the daunting task of deciding which pathway to follow.

Ethical relativism

Morality is relative to the norms of the culture in which an individual lives. Right or wrong depends on the moral norms of the society in which it is practiced.

Normative ethics

Normative ethics is prescriptive in that it attempts to determine what moral standards should be followed so that human behavior and conduct may be morally right. Primarily concerned with establishing standards or norms of conduct and is commonly associated with investigating how one ought to act.

Autonomy

Principles of autonomy involves recognizing the right of a person to make one's own decisions about what is best for him or herself. It is not an absolute principle.

Religious beliefs and duty conflict

Religious beliefs and codes of conduct sometimes conflict with the ethical duty of caregivers to save lives.

Religious ethics

Religious ethics serve a moral purpose by providing codes of conduct for appropriate behavior through revelations from a divine source. Religion should be a component of education.

Respect

Respect is an attitude of admiration or esteem. Respect helps to develop trust between the patient and caregiver and improve healing processes. If caregivers respect the patient's family members of the patient then cooperation and understanding will be the positive result, encouraging a team effort to improve patient care.

Rules

Specify specific conduct; they do not allow for individual professional judgement.

Temperance as a virtue

Temperance involves self-control and restraint. It embraces moderation in thoughts and actions. It is evidenced by orderliness and moderation in everything one says and does. The ability to control one's actions so as not to go to extremes.

Discernment

The ability to make a good decision without personal biases, fears and undue influences from others. A person who has discernment has the wisdom to decide the best course of action when there are many possible actions to choose from.

Commitment

The act of binding oneself intellectually or emotionally to a course of action (ex. pursue a career or adhere to a religious belief) or a person (marriage, family care). It is an agreement or pledge to do something.

compassion

The basis or morality. It is the deep awareness of and sympathy for another's suffering. The ability to show compassion is the true mark or moral character.

Consequential ethics

The consequential theory of ethics emphasizes that the morally right action is whatever action leads to the maximum balance of good over evil.

Absence of a moral compass

The nation's health care system is off course as noted by the absence of a moral compass. The present path to better health care for all continues on an unacceptable course of corruption and is increasingly becoming a disturbing public concern. It is the responsibility of every person to participate in resetting the moral compass, in our nation and in the world at large.

Justice

The obligation to be fair in the distribution of benefits and risks. Justice demands that persons in similar circumstances be treated similarly.

Cooperation and teamwork

The process of working with others.

Freedom

The quality of being free to make choices for oneself within the boundaries of the law. Freedoms enjoyed by citizens of the United States include the freedom of speech, freedom of religion, freedom from want, and freedom from physical aggression.

Atheism

The rejection of belief in any God, generally because atheists believe there is no scientific evidence that can prove that God exists.

Metaethics

The study of the origin and meaning of ethical concepts.

Introduction to Chapter 1

This chapter provides the reader with an overview of ethics, moral principles, virtues, and values. Theories, principles, virtues, and values are a necessary beginning point for the study of ethics.

Negative tolerance

This implies that one will reluctantly put up with another's beliefs. In other words, he or she merely tolerates the views of others.

Truth telling

This involves providing enough information so that a patient can make an informed decision about his or her health care. Truth must win over fear.

Veracity

This is a component to fidelity and it implies that we will be truthful and honest in all our endeavors. It involves being faithful and loyal to obligations, duties, or observances. It is devotion to and conformity with what is truthful.

Forgiveness

This is a virtue and a value. It is the willingness to pardon someone who has wronged you in some way. It is also a form of mercy. It is a form of cleansing souls of both those who forgive and and those who accept the forgiveness offered.

Secular ethics

This is based on codes developed by societies that have relied on customs to formulate their codes.

Situational ethics

This is concerned with the outcome or consequences of an action in which the ends can justify the means. It refers to those times when a person's belief's and values can change as circumstances change. Because of this a person may contradict what he or she believes is the right thing to do and do what he morally considers wrong.

Moral Judgement

Those judgments concerned with what an individual of group believes to be the right or proper behavior in a given situation.

Tolerance

Tolerance can be viewed in two ways, positive or negative.

Ethical principles

Universal rules of conduct, derived from ethical theories that provide a practical basis for identifying what kinds of actions, intentions, and motives are valued.

Why study ethics?

We study ethics to help us make sound judgments, good decisions, and right choices; if not right choices, then better choices.

Morally legislated

When it is important that disagreements be settled, morality is often legislated. Law is distinguished from morality by having explicit rules and penalties, as well as officials who interpret the law and apply penalties when laws are broken.

Wisdom as a virtue

Wisdom is the judicious application of knowledge. It begins first by learning from the failures and successes of those who have precede us.

Standards

ex. honesty, respect for others, conscientiousness. They are used to guide human conduct by stating desirable traits to be exhibited and undesirable ones (ex. dishonesty, deceitfulness, self-interest) to be avoided.