Ethics and Law for Health Professions Order Instructions: Please complete both parts A and B of the questions below from an evidence-based perspective.

Part A
Compare the application of two ethical theories – Deontology and Discourse ethics to treatment provided in an aged care setting in Australia.
Part B
Scenario:
Penny suffers from a seriously debilitating illness. She is in constant pain, confined to a wheelchair and needs life-supporting treatment. Penny feels like her life is not worth living and has asked her doctor to withdraw her treatment.
Discuss the relevant bioethical principles and apply the ABCDE of medical ethics specific to these wishes.

Ethics and Law for Health Professions Sample Answer

Ethics and Law for Health Professions

Introduction

The health profession, similar to other professions has a code of ethics that govern their conduct. The aim is to ensure that the professionals in that filed have a regulated conduct. A code of ethics ensures that professionals operate within certain parameters and their conduct does not go beyond certain boundaries. In this discussion, the ethics applicable in the health care sector have been discussed. Further, the discussion has focused on some of the theories applicable in relation to the Australian aged care set-up.

PART A:

Deontology

Ethic seeks to establish between right and wrong, moral and immoral. Ethics is considered as the set of principles which seeks to divide what is considered right and wrong in society. There is no single set of ethics that is applicable in all societies. Each society sets to modify their set of ethics to fit their desired needs. There are many theories that have been developed that seek to explain in greater details what ethics entail. Each school of through intends to justify the background and standing of ethics in society. Two schools of thoughts that have been examined in this discussion include deontology and discourse ethics.

Deontological theory was developed by Immanuel Kant. It was in response to an earlier developed theory of utilitarianism. According to the utilitarianism theory, an act is considered ethical and moral if it takes care of the good of the majority (Stanford & Conner, 2012). According to proponents of utilitarianism, any action that ensures happiness and satisfaction for the majority of the people in society is considered ethical. It is popularly known as the greater good for the greater majority. Kant, in his deontological theory, argued that ethics have nothing to do with happiness or any emotional attachment. According to deontological theory, ethics is about having a moral obligation to do something. He argues that an action is ethical or unethical in itself and not in its outcome as argued by the utilitarianism principle. According to Kant if an act is harmful, it is then considered wrong regardless of whether it will be of benefit to a majority of the people.

In the Australian health context, the deontological theory applies in a case where the needs of an individual are put first. In such a case, it is not necessary that the expectations of the society will be met. Aged people have special needs which must be carefully considered. In some instances, health specialists consider these needs to the exception of societal expectation. The relationship that is maintained between a patient and a doctor is mainly based on deontological principle. The nature of training that doctors and caregivers are put through requires that a level of confidentiality is maintained (Kennedy, 2014). As such, it is not possible to engage in activities that are satisfactory to all the people. If it happens that the deontological principle is breached, issues of negligence are likely to arise.  Deontological principle among care givers in the Australian context has ensured that the bond between the caregivers and the aged is strengthened.

Discourse Ethics

Discourse ethics was developed by a philosopher from German Jurgen Habermas. This concept seeks to encompass a wider approach to ethics as opposed to taking a narrow view as is the case with most theories. This theory focuses on the social, political and legal aspects of society and seeks to establish the validity of each of these aspects. According to Jurgen, the main reason why the majority of the human race is subjugated is due to distortion in communication (Harris, 2011). The theorist notes that there are a few people in a society known as capitalists who control the majority of resources. The aim of discourse ethics therefore is to give people freedom from subjugation. This theory argues that if only the aspect of information distortion during communication can be eliminated, then it would be possible for the society to be freed. With this freedom, people would leave in an ideal world where they would be free to exchange ideas without restrictions. Further, with this freedom, the danger of being overshadowed by other superior powers would also be expunged. Jurgen refers to this state as a situation for ideal speech where the exchange of information and idea flow freely without restriction.

Application in the Healthcare Setting

Discourse ethics is applicable in the healthcare setting in multiple ways. To begin with, it under this theory that professionals are required to be keen in how the use human subjects for research. More often, the rights of people participating in medical research are overlooked and in some instances endangered (Harris, 2011). Discourse ethics requires that all parties involved have an equal say in such an engagement. This means that subjects will have a clear understanding of the nature of the activity. Further, they ensure that their rights are protected and there no loopholes for violation.

Discourse ethics in the Australia Aged-Care Setting

Discourse ethics ensures that the aged are not subjugated and their rights are not violated. In most cases, the aged are often powerless. They hardly have to say in the kind of treatment they receive from their caregivers. Discourse ethics ensures that caregivers provided the aged with all the information (Greenberg, 2011). Further, observation of this theory will see an engaged discourse where all the parties give their view. The aged should have an opportunity to indicate how they would like to be treated. In order for harmony to prevail, Jurgen argues that there ought to be a level of consensus between all the parties involved. The elderly have specific and unique needs which must be carefully considered. Unless caution is taken it is easy to ignore their needs and take a short-cut. However, with discourse ethics, there is a need for deliberation with the end goal being to meet at a neutral point. The needs and considerations of the aged and patients must be given consideration. Discourse ethics hence plays a crucial role in ensuring that the aged and patients are treated in a most fair and humane manner.

Part B:

Ethics and Law for Health Professions and ABCDE of Medical Ethics

Some illnesses that patients suffer from cause them to make demands to their medical practitioners. For instance, Penny is suffering from a serious illness. The pain that she has undergone due to the illness is excruciating. She no longer values her life and has asked her doctor to withdraw the treatment. As a medical practitioner, one cannot just follow through with the wishes of the patient. There are certain considerations that must be made. These are known as the ABCDE of medical ethics and they have been discussed herein below.

Autonomy

The medical practitioner must establish whether the decision made by the patient is independent and autonomous from other external forces. Does the patient wish to have the treatment withdrawn because family members are complaining of the high medical bills? Sometimes, patients do not act out of their own independent will and if this is the case, then their wish cannot be granted. Further, as a doctor, does one feel pushed to act in a particular way or have the autonomy to make your their decision in regard to the matter in context? If the autonomy of the doctor is comprised, then the wish requested ought not to be granted. In such cases, the most important aspect to establish is whether a patient is competent to make a decision regarding his health. If the patient is fully competent and there is no external influence, then their wish may be granted (Kennedy, 2014). If the doctor establishes that the patient is competent, then their decision must be respected.

The beneficence of Ethics and Law for Health Professions

This principle argues that medical practitioners must strive towards the good of their patient and not harm of any kind.  When dealing with patients, doctors must not allow actions which they believe will cause harm either immediately or in the future to the patient (Greenberg, 2010). Doctors must also protect patients who lack competence against making decisions that can be harmful to their health. In the case of Penny, the doctor will have to examine if withdrawing the treatment will do well or harm to the patient.

Confidentiality

The information disclosed by a patient must remain confidential between the doctor and patient. Unless the patient gives an indication that they are comfortable for such information to be disclosed to a third party, then such information must be kept confidential (Kennedy, 2014). If Penny does not want other people including her family member to know the request she has made to the doctor, then the doctor must not disclose such information. The doctor can only disclose the information only at such a time when the patient is satisfied with such disclosure. Even when a patent is accompanied, the doctor is at liberty to ask the second party to leave the room if the patient is not comfortable (Kerridge, Lowe & Stewart, 2013). There are certain instances when the principle of confidentiality may be overridden. This is when the issue at hand is so dire and must be disclosed to close family members. For instance, if a patient requests for withdrawal of a treatment which in essence could cause the death of the patient, family members must be informed.

Another aspect that can lead to the disclosure of patient information is if they are suffering from a contagious illness. Those close to the patient especially family members must be informed even if it is against the wishes of the patients so that they can be protected from contracting the disease. Confidentiality therefore has to be balanced to protect the interests of all.

Do No Harm

Every medical practitioner must rise to the occasion and ensure that patients receive good care as expected within the stipulated standards.  A patient must not be neglected and doctors must ensure that they remain committed to the cause (Stanford & Connor, 2012). Doctors must never engage in any activity that is likely to place the lives of their patients at risk. A doctor must also ensure that they do not act in malice. Doctors are advised to be careful to not engage in acts of good will that may end up worsening the health of their patients.

Equality

When doctors are dealing with patients, they must strive to treat all of them equally. There ought not to be cases of favoritism and discrimination. Patients in the same situation ought to be treated equally. In addition resources among patients ought to be distributed fairly and justly (Ford, 2010). Patients are generally sensitive and hence should not be agitated through unfair treatment.

Ethics and Law for Health Professions Conclusion

Ethics play a very crucial role in the life of any society. Yet, despite its importance, it presents serious challenges. Due to the variation of customs of beliefs in societies, it has become almost impossible to have a universal set of ethics. They vary from one society to another. The medical profession is one of the fields that continue to battle with an ethical dilemma in many instances. There is already a code of ethics that governs the medical profession intended to ensure that practitioners operate with certain parameters. From the above discussion that there are several theories of theories each of which seek to justify how certain procedures ought to be carried out. Every jurisdiction has adopted one or more of these theories to help deal with arising matters in the field. It is also imperative that doctors are keen in following the ABCDE of medical ethics. These guidelines are crucial in ensuring that doctors remain within their parameters while giving satisfactory services to their patients. Despite the ethical dilemma, doctors must endeavor to balance among the five principals. With such strict adherence, cases of medical negligence and wrongful deaths are likely to be reduced if not eliminated completely.

Ethics and Law for Health Professions References

Ford, G. (2010). Ethical Reasoning in the Mental Health Professions. New Jersey: CRC Press.

Greenberg, J. (2011). The Code of Ethics for the Health Education Press. New York: Jones and    Bartlett Learning.

Harris, D. (2011). Ethics in Health Service and Policy: A Global Approach. California: John          Wiley and Sons

Kerridge, I. Lowe & M. Stewart, C. (2013). Ethics and law for the Health Professions.      California: Federation Press.

Kennedy, S. (2014). Allied Health Professionals and the Law. London: Federation Press.

Stanford, C  & Connor, V. (2012). Ethics for Health Professionals. London: Sage