Ethics in Health Research towards Policy Development Principles of Bioethics LAUFRED I. HERNANDEZ, MPM, MA Assistant Professor in Medical Anthropology Department of Behavioral Sciences College of Arts and Sciences University of the Philippines Manila 2009 @ LIHernandez 1 The place of principles in bioethics In the realm of health care it is difficult to hold rules or principles that are absolute. – This is due to the many variables that exist in the context of clinical cases as well as the fact that in health care there are several principles that seem to be applicable in many situations. – Even though they are not considered absolute, these rules and principles serve as powerful action guides in clinical medicine and health research. 2009 @ LIHernandez 2 How do principles "apply" to a certain case? Principles in current usage in health care ethics seem to be of self-evident value. For example, the notion that the physician "ought not to harm" any patient appears to be convincing to rational persons. Or, the idea that the physician or researchers should develop a care plan designed to provide the most "benefit" to the patient/client in terms of other competing alternatives, seems selfevident. Further, before implementing the medical care plan, it is now commonly accepted that the patient must indicate a willingness to accept the proposed treatment, if the patient is cognitively capable of doing so. Finally, medical benefits should be dispensed fairly, so that people with similar needs and in similar circumstances will be treated with fairness. 2009 @ LIHernandez 3 What are the major principles of medical ethics? Respect for Autonomy – Any notion of moral decision making assumes that rational agents are involved in making informed and voluntary decisions. In health care decisions and researches, our respect for the autonomy of the patient/client would, in common parlance, mean that the patient/client has the capacity to act intentionally, with understanding, and without controlling influences that would mitigate against a free and voluntary act. This principle is the basis for the practice of "informed consent" in the physician/patient/client transaction regarding health care. 2009 @ LIHernandez 4 What are the major principles of medical ethics? The Principle of Nonmaleficence – The principle of nonmaleficence requires of us that we not intentionally create a needless harm or injury to the patient/client, either through acts of commission or omission. In common language, we consider it negligence if one imposes a careless or unreasonable risk of harm upon another. Providing a proper standard of care that avoids or minimizes the risk of harm is supported not only by our commonly held moral convictions, but by the laws of society as well. 2009 @ LIHernandez 5 What are the major principles of medical ethics? The Principle of Beneficence – The ordinary meaning of this principle is the duty of health care providers and health researchers to be of a benefit to the patient/client, as well as to take positive steps to prevent and to remove harm from the patient/client. These duties are viewed as selfevident and are widely accepted as the proper goals of medicine. 2009 @ LIHernandez 6 What are the major principles of medical ethics? The Principle of Justice – Justice in health care and research is usually defined as a form of fairness, or as Aristotle once said, "giving to each that which is his due." This implies the fair distribution of goods in society and requires that we look at the role of entitlement. 2009 @ LIHernandez 7 A Case Study EUTHANASIA The act or practice of ending the life of an individual suffering from a terminal illness or an incurable condition, as by lethal injection or the suspension of extraordinary medical treatment. 2009 @ LIHernandez 8 Hyppocrates, the father of modern medicine, stated in 400 B.C., "I will give no deadly medicine to any one if asked, nor suggest any such counsel". Today, doctors are still bound by this oath. 2009 @ LIHernandez 9 Is physician-assisted suicide the same as euthanasia? NO – Physician-assisted suicide (PAS) generally refers to a practice in which the physician provides a patient with a lethal dose of medication, upon the patient's request, which the patient intends to use to end his or her own life. – Physician-assisted suicide refers to the physician providing the means for death, most often with a prescription. The patient, not the physician, will ultimately administer the lethal medication. 2009 @ LIHernandez 10 Other practices that should be distinguished from PAS are: –Terminal sedation: This refers to the practice of sedating a terminally ill competent patient to the point of unconsciousness, then allowing the patient to die of her disease, starvation, or dehydration. 2009 @ LIHernandez 11 Withholding/withdrawing lifesustaining treatments: When a competent patient makes an informed decision to refuse lifesustaining treatment, there is virtual unanimity in state law and in the medical profession that this wish should be respected. 2009 @ LIHernandez 12 Pain medication that may hasten death: Often a terminally ill, suffering patient may require dosages of pain medication that impair respiration or have other effects that may hasten death. It is generally held by most professional societies, and supported in court decisions, that this is justifiable so long as the primary intent is to relieve suffering. 2009 @ LIHernandez 13 Is physician-assisted suicide ethical? The ethics of PAS continue to be debated. Some argue that PAS is ethical. Often this is argued on the grounds that PAS may be a rational choice for a person who is choosing to die to escape unbearable suffering. Furthermore, the physician's duty to alleviate suffering may, at times, justify the act of providing assistance with suicide. Others have argued that PAS is unethical. Often these opponents argue that PAS runs directly counter to the traditional duty of the physician to preserve life. 2009 @ LIHernandez 14 What are the arguments in favor of PAS? Respect for autonomy: Decisions about time and circumstances death are very personal. Competent person should have right to choose death. Justice: Justice requires that we "treat like cases alike." Competent, terminally ill patients are allowed to hasten death by treatment refusal. For some patients, treatment refusal will not suffice to hasten death; only option is suicide. Justice requires that we should allow assisted death for these patients. Compassion: Suffering means more than pain; there are other physical and psychological burdens. It is not always possible to relieve suffering. Thus PAS may be a compassionate response to unbearable suffering. Individual liberty vs. state interest: Though society has strong interest in preserving life, that interest lessens when person is terminally ill and has strong desire to end life. A complete prohibition on assisted death excessively limits personal liberty. Therefore PAS should be allowed in certain cases. Openness of discussion: Some would argue that assisted death already occurs, albeit in secret. For example, morphine drips ostensibly used for pain relief may be a covert form of assisted death or euthanasia. That PAS is illegal prevents open discussion, in which patients and physicians could engage. Legalization of PAS would promote open discussion. 2009 @ LIHernandez 15 What are the arguments against PAS? Sanctity of life: This argument points out strong religious and secular traditions against taking human life. It is argued that assisted suicide is morally wrong because it contradicts these beliefs. Passive vs. Active distinction: The argument here holds that there is an important difference between passively "letting die" and actively "killing." It is argued that treatment refusal or withholding treatment equates to letting die (passive) and is justifiable, whereas PAS equates to killing (active) and is not justifiable. Potential for abuse: Here the argument is that certain groups of people, lacking access to care and support, may be pushed into assisted death. Furthermore, assisted death may become a costcontainment strategy. Burdened family members and health care providers may encourage option of assisted death. To protect against these abuses, it is argued, PAS should remain illegal. Professional integrity: Here opponents point to the historical ethical traditions of medicine, strongly opposed to taking life. For instance, the Hippocratic oath states, "I will not administer poison to anyone where asked," and "Be of benefit, or at least do no harm." Furthermore, major professional groups (AMA, AGS) oppose assisted death. The overall concern is that linking PAS to the practice of medicine could harm the public's image of the profession. Fallibility of the profession: The concern raised here is that physicians will make mistakes. For instance there may be uncertainty in diagnosis and prognosis. There may be errors in diagnosis and treatment of depression, or inadequate treatment of pain. Thus the State has an obligation to protect lives from these inevitable mistakes. 2009 @ LIHernandez 16 What should I do if a patient asks me for assistance in suicide? One should address: motive and degree of suffering: are there physical or emotional symptoms that can be treated? psychosocial support: does the patient have a system of psychosocial support, and has she discussed the plan with them? accuracy of prognosis: every consideration should be given to acquiring a second opinion to verify the diagnosis and prognosis. degree of patient understanding: the patient must understand the disease state and expected course of the disease. This is critical since patient may misunderstand clinical information. For instance, it is common for patients to confuse "incurable" cancer with "terminal" cancer 2009 @ LIHernandez 17 Thank you 2009 @ LIHernandez 18