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Definition
basis in autonomy
duty to give all the options, risks, and benefits (inform)
must include sound medical judgment and full disclosure
person must authorize procedure |
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Definition
| right to self governance/self determination |
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Term
| traditional view of truth-telling |
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Definition
doctors would not disclose (remain silent) or under disclose (only tell some risks) or lie (send you home knowing you are sick)
why: Non malificence (Prinum non nucere) do no harm |
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Term
| informed consent vs. truth telling |
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Definition
informed consent involves an authorization (an autonomous decision on the part of the patient)
truth-telling doctor just informs you of what you do/don't have |
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Term
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Definition
an unauthorized touching
if the surgeon/doctor doesn't get informed consent they are essentially performing battery |
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Definition
| duty of the doctor to disclose risks/other options and all the information regarding a medical procedure |
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Term
| exceptions on duty to disclose |
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Definition
1. severe emotional reactions: if the pt might commit suicide by telling them
2. patient is unconscious: emergency, extreme life/death scenarios, proxy not available |
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Definition
| authorization by patient with a substantial understanding of the procedure and with absence of coercion on the doctor's part |
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Definition
the legal procedures for obtaining informed consent
ex) laws saying you need to be 21 to get a medical procedure without your parents permission |
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Term
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Definition
| duty to do everything for the benefit of your patient, truth-telling principle |
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Definition
| all known risks have to be disclosed to the patient |
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Definition
| verbal confirmation of what you have/ don't have |
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Term
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Definition
| biomedical interventions that are designed solely to benefit an individual or groups of individuals |
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Term
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Definition
| scientific experiments/data gathering, which may include biomedical interventions, intended to lead to generalizable knowledge |
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Term
| reasons we continue to experiment on human beings |
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Definition
1. computer simulations are not accurate/reliable
2. cultures of cells do not take into account other body tissues/systems
3. animals' physiology is different than human physiology
4. need evidence to show efficacy of experiment |
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Term
| ethical conditions for human research protocols |
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Definition
must have social/scientific value
experimental design must be methodologically valid
subjects must be selected fairly
the risk-benefit ratio must be favorable
must be independent from ethical review
must obtain informed consent of subjects
subjects must be treated respectfully |
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Term
| nuremburg code background |
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Definition
post WWII Nuremberg Trials
addresses medical experimentation by the Nazis
Universal Declaration of Human Rights |
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Term
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Definition
Individual rights trump social benefits
vulnerable population
ethics trump law
weakened consent
independent ethical review (include non-scientists)
placebo controlled studies |
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Term
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Definition
subjects do not directly benefit from experiment
ex) toxicology |
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Term
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Definition
| subjects suffer from some illness or susceptibility that the experiment aims to develop methods to treat |
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Term
| nuremberg code principles |
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Definition
Informed Consent
Scientific Validity
Animal Models
Death or Serious Injury to the Subject: unless experimental physician also serves as a subject (walter reed- yellow fever USA)
Proportionality |
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Term
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Definition
| taking steps to end a person’s life in order to relieve that person of permanent intolerable suffering, often from a debilitating, terminal disease or to help ensure a dignified death |
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Term
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Definition
| biomedical intervention is removed/withheld in order to allow somebody to die “naturally”, WITHHOLDING something |
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Term
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Definition
biomedical intervention is carried out to cause death in order to end intolerable suffering (terminal), ADMINISTERING something
ex) dr. jack kevorkian |
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Term
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Definition
| patient is not mentally competent and the decision to euthanize is made for them, either by doctors or proxy |
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Term
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Definition
| euthanasia is carried out against the will of a competent pt, MURDER |
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Term
| physician-assisted suicide |
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Definition
| doctor provides pt with the means to commit suicide, and the pt administers the final act, doctor does not commit the last act, pt is performing the last act |
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Term
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Definition
1. equal protection clause: no state shall deny equal protection to its citizens
2. due process clause: no state shall deny life, liberty and property w/o due process of the law |
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Term
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Definition
Guarantees a sphere of protected fundamental rights and liberties that go beyond those in the bill of rights, and which cannot be taken away with any amount of legal process (no due process can take it away)
ex) contraception, rights to marry, to have children, bodily integrity, abortion |
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Term
| tests for fundamental legal rights |
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Definition
LEGALLY speaking, we can determine whether a right is a *fundamental* right if we look to the following criteria:
1. Deeply rooted in democratic traditions
2. Are widely agreed upon (widespread consensus)
3. Inherent to our conceptions of ordered liberty and justice |
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Term
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Definition
| law that interfere with fundamental rights cannot stand unless it has a compelling state interest and the law is narrowly tailored to serve that interest |
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Term
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Definition
| when no fundamental right is at stake laws can stand as long as they have a rational basis |
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Term
| PAS v VAE on cause of death |
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Definition
Who performs the final act
PAS: pt.
VAE: rely on physician |
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Term
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Definition
Intent: end patients life
Causal differences:
Passive euthanasia: letting die
PAS + VAE: killing
Drowning analogy |
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Term
| moral principles in favor of voluntary active euthanasia |
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Definition
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Term
| death as a benefit without a beneficiary |
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Definition
| you can't benefit from death if you're dead = no beneficiary |
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Term
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Definition
| carried out at the request and with the informed consent of the patient |
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Term
| purposes of criminalizing abortion |
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Definition
to discourage elicit sexual activity/conduct
to protect the health of mothers
to protect pre-natal right |
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Term
| Is abortion a fundamental legal right protected by the constitution |
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Definition
| yes due process 14th ammendment |
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Term
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Definition
| analyzing the bill of rights for clauses that guarantee a right to privacy |
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Term
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Definition
| unenumerated rights/fundamental liberties reserved to american citizens |
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Term
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Definition
First: no regulations
Second: procedures become more risky → State can require regulations on procedures and physicians performing them in order to protect mother
Third: state interest becomes compelling in terms of protecting the life of the fetus |
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Term
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Definition
Point of viability: child can survive outside the womb with artificial support → state interest becomes compelling
What cognitive capacities does the fetus have |
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Term
| relationship between: planned parenthood v Casey and Roe v. Wade |
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Definition
| upholds roe v. wade in the central holding of roe (state can’t prohibit abortions until fetus had significant state interest) but rejects trimester approach |
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Term
| informed consent abortion |
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Definition
state can intentionally dissuade women to not have an abortion as long it doesn’t place an undue burden
ex) having ultrasounds |
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Term
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Definition
| state can require that minors must inform and get consent from their parents |
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Term
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Definition
| court claimed it was an undue burden, abusive relationship exceptions |
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Term
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Definition
state can require a waiting period before getting an abortion
ex) 24 hours |
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Term
| provisions and issues in planned parenthood vs. casey |
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Definition
1. informed consent
2. parental consent
3. spousal notification
4. waiting period |
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Term
| requirements of informed consent |
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Definition
competent patient/representative (proxy)
adequate information (enough info for procedure)
all questions answered truthfully (cannot omit info)
no coercion |
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Term
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Definition
| carried out with the consent of the patient |
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Term
| If the right is determined to be a fundamental right then.... |
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Definition
| it will have to meet the criteria of strict scrutiny. If the right is NOT a fundamental right, then it will only have to meet the criteria of rational basis scrutiny. |
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Term
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Definition
| both sides of abortion assume certain aspects of personage in marquis |
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Term
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Definition
| psychological/biological considerations determines/identify personhood |
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Term
| thompson's rhetorical strategy |
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Definition
| start with personhood and spin out argument |
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