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156 Cards in this Set

  • Front
  • Back
rights-based approaches to health care:
Rights related to virtue
Must fit with justice (equality, fairness, impartiality/ need & merit)
Rights: people can claim them as due to them
Free to not exercise rights
Others have duty to facilitate exercise of rights
Must be enforceable to have meaning
Compensation if violated or set aside
Duties follow rights 
Not wrong to exercise a right
Others are wrong to interfere with exercise of one’s rights
Positive/ welfare / subsistence rights:
more consensus here re children
society obligated to provide; e.g. the right to be cared for; imposes a moral obligation on others
Negative/ Liberty rights:
not to be interfered with/ society not to get in the way of exercising an absolute or non-absolute right
______ rights overrule ______ rights when harm to self or others may result  
positive, liberty
Moral-correlativity approach:
having rights depends on demonstrating the capacity to live up to corresponding responsibilities
Rights in trust:
rights children will have when they are mature enough to exercise them—are held in “safekeeping” by appropriate adults
regarding moral standing, how do we figure out who has it? you ask:
Who counts morally (i.e. who are we required to take into account in ethical decisions and actions?
_______ decides who has moral standing
community
Moral standing: Based on being granted membership in the moral community. according to paternalism, who has moral standing?
persons/only persons
Moral standing: Based on being granted membership in the moral community. According to humanism, who has moral standing?
humans/only humans
Moral standing: Based on being granted membership in the moral community. according to vitalism, who has moral standing?
all/only living entities
Moral standing: Based on being granted membership in the moral community. According to racism, who has moral standing?
all/only members of one race
Moral standing: Based on being granted membership in the moral community. According to nationalism, who has moral standing?
all/only members of a nation
Moral standing: Based on being granted membership in the moral community. According to sexism, who has moral sanding?
all/ only those of one gender
Moral standing: Based on being granted membership in the moral community. According to universalism, who has moral standing?
all/only sentient creatures
what is valued i the Biographical (vs. biological definition of being human)? (4)
-Implies being a bearer of rights and duties
Feinberg: criteria:
-Consciousness
-Self-concept
-Capacity to experience emotions, reason, acquire understanding, plan, feel pleasure & pain
having moral status means that:
persons consciously consider their interests and welfare as moral agents
(according to the biological view) full moral status begins when:
humans come into existence, or become sentient beings
(according/created by Feinberg) full moral status is based on:
the amount of accrued possession of interests. known as the time-relative interest account
regarding personhood and Kant, what were 4 of his proposed universal human attributes?
Rational being
Social being
A worker
Exercise freedom or autonomy
regarding the Quorum principle for personhood, what is this?
majority of features that constitute a human life
the Quorum principle may conflict with:
sanctity of life principle & with quality of life principle
historically, children did not generally have full _____ ______
moral standing
per Ethics Committee of the American Fertility Society, a pre-embryo is:
not a person, but must be treated with special respect as genetically unique, living human entity that might become a person
regarding moral status and rights of embryos, what are some competing rights? 5
woman, society, fetus, family, father, etc.
what are 4 central dilemmas surrounding abortion?
Actual vs.. potential personhood of an embryo
Various right-holders
Principles to consider, such as beneficence, non-malefecience, utilitarianism
Non-abandonment of patient
regarding historical views on genetics, what did eugenics ask?
can we have a "perfect" population?
The term eugenics was introduced into public discourse in ____ by Sir Francis _____ as a "science of racial improvement through controlled breeding"
1883, Galton
what are the two conflicting approaches regarding eugenics?
negative / repressive vs. positive eugenics.
negative/repressive eugenics has included:
Has included sterilization of the "physically and mentally unfit" (September 1919, p. 18), as well as social policy to abolish child labor, establish compulsory education, and prohibit educational subsidies--all in an effort to make child bearing prohibitively expensive for the poor
positive eugenics included:
includes encouraging "the healthy" to have larger families and support of these children through adolescence and into adulthood. Writers of the time such as Raymond B. Cattell (1937) contrasted these two foci of eugenics as the "Civilization Wreckers, Unlimited" of large immigrant families and the "National Suicide Club" of smaller affluent old stock families
positive eugenics in the early 20th century:
introduction of a "compound of morphine and scopolamine administered by physicians and nurses at elaborate birthing establishments" to cause "twilight sleep" or total amnesia regarding childbirth.
This practice was intended in encourage child bearing among the middle class and wealthy who, it was believed, were uniquely susceptible to pain
according to social darwinism, biological laws govern ____ of nature;
population growth generates _______ for existence
all, struggle
according to social darwinism,advantages spread through ________
inheritance
according to social darwinism, selection and _______ lead to evolution and ________
inheritance, extinction
regarding social darwinism, all this applies to human ______, therefore consciousness, _______, psychology, politics and ethics evolved through _______ ________
culture, religion, natural selection
social darwinism applied:
Morality based on _____
Humans as part of the natural ______
Focus on gradations between ________
Survival of the fittest as a moral _______
nature, spectrum, humans, imperative
social darwinism applied:
Human value based on functional characteristics - not _______
Notion of life not worth living...?
inherent
in the early 20th century, Rich and poor (women in particular) were equally to blame for the anticipated "race suicide," the poor for their _____ more _______ than they could support (and their supposed lack of ______ self control), and the wealthy for choosing _____ ____ over motherhood.
bearing, children, sexual, social life
during the early 20th century when the rich and poor (women in particular) were blamed for the anticipated "race suicide," birth control could be defined as most appropriate for the _____, but a menace for society if freely distributed to the already _______ ______ ______
poor, dwindling higher classes
Types of Genetic tests:
-Carrier of genetic mutations
-______: fetus genes
_______: for treatable diseases
_______ (DNA of victims and suspects)
prenatal, newborn, forensic
Types of Genetic Tests:
-Diagnostic
________ or _______: supposedly offer customized recommendations for diet
Nutrigenomic, nutrigenetic
types of genetic tests:
_________: tailoring medications
Pharmacogenetic
7 kinds of genetic tests:
-carrier of genetic mutations
-prenatal
newborn
forensic
diagnostic
nutrigenomic or nutrigenetic
Pharmacogenetic
what are the 3 pros of self-administered genetic screening
Can enhance ethical health care
Autonomy: choice to have information
Primary and secondary prevention
4 ethical concerns of self-administered genetic screening:
Usefulness of information
Obtaining information indirectly about relatives
Accuracy of tests (not regulated)
How calculate risk?
11 new ethical consequences/ issues:
Decisions demanded in new areas
Is technology morally neutral?
Technological advances outpace ethical consensus & resources
Clinical vs. political decisions
Extending human life
Living wills / patient choice about use of technology
Quantity vs. quality of life
A right to technology? Inequalities
Depersonalization
Technological imperative
Regarding enhanced diagnostic capabilities, they are Usually embraced as a good thing, but questions & concerns exist. what are 2 good aspects?:
Disease without clinical symptoms
Multiple present and future genetic tests on single sample
regarding enhanced diagnostic capabilities, what are 3 concerns that exist?
-Consent/ who gives consent? do people always want to know?
-Confidentiality
-Impact of diagnoses on insurability
genetic screening enhancement allows earlier _______
diagnosis
What is unique about ethics of Mental Health Care? (3)
-Implications of diagnosis
-Decisional capacity
-Relationship between clinicians and patients
what are 4 aspects of the relationship between clinician and patient? (in mental health care)
Boundaries
Privacy
Confidentiality
Privileged communication
what is psychology's role in mental health and social control?
Role of psychology in controlling social behavior and use of power
who are 2 psychologists that were involved in mental health and social control?
Michel Foucault
Paul Starr
regarding mental health and social control, what is the dilemma?
conflict between caring and control of aberrant behaviors
--Cultural variations
what is an ethical implication regarding mental health and diagnosis? --Often no ______ tests that can be used to diagnose illness (________ in diagnoses of WNL & DSM / medicalization)
difinitive, subjectivity,
what is an ethical implication for mental health and diagnosis? --Often represent the boundaries of what is categorized as _____ versus ______ in society
normal, abnormal
ethical implications for mental health and diagnosis include: _____ relationships
______ & labeling
Examples in popular media:
“The Changeling”
“The Secret Scriptures”
“_______________"
power, stigma, one flew over the coocoo's nest
What are 3 types of stigma?
-Body: visible or not
-Character: behavior or condition interpreted to reflect negatively on character
-Tribal / Identity
(religion
race or ethnicity
nationality)
inborn/ascribed stigmas: (4)
congenital
racial identity
person may be protected until faces outside world
socialized into the role while also socialized re roles of “normals”
acquired stigmas:
accident/injury
illness
aging
character blemishes
behavior
often internalized negative attitudes
turning point
new social identity
loss of prior identity
what are 3 discredited stigmas?
-differences already known
-differences readily evident
-person can be more prepared for others’ reactions
what are 2 discreditable stigmas?
-stigma not known about in the present e.g. diagnostic or behavioral history
-not readily perceivable by others
what are 3 impacts of mental health on decisional capacity?
Informed consent
Competence
Statutory authority to treat
regarding mental health and decisional capacity, ______ is assessed by health care professionals and _______ is determined within the court system
capacity, competence
regarding mental health and decisional capacity, Both capacity and competence are related to questions of whether patients have a right to ______ to and ______ ________
consent, refuse, treatment
regarding decisional capacity, ______ _______, as required by legal authorities, is ________ in situations involving incompetent patients
informed consent, impossible
regarding decisional capacity and statutory authority to treat, involuntary hospitalization decisions can be made only after:
less restrictive options have failed or have carefully been determined not to be a viable option
what are 3 components of clinical care and for mental health patients?
psychotherapeutic clinician-patient relationship (words)
psychopharmacology (drugs)
milieu management (environment)
what is decisional privacy?
With regard to personal choices
what is proprietary privacy?
Property interests, including interests with regard to bodily tissues, one’s name, etc.
in the mental health field, Confidentiality, or nondisclosure of information, involves limits on the communication of “:
any information a clinician obtains about a patient in the context of the clinician-patient relationship”
regarding privileged communication in the mental health field, Privilege provides relief from having to:
disclose information in court proceedings
regarding privileged communication in the mental health field, Patients have a legal right to believe that their communication with clinicians will be kept ________
confiedential
In some cases, clinicians may have a ____ __ _____, which involves “a duty to disclose confidential information to protect an identifiable victim”
duty to warn
Ethical Mandates for vulnerable groups (e.g. mental health issues) (8):
-Respect for human dignity
-Do good, do not harm
-Truth-telling
-Protect from illegal or unethical Rx of others
-Therapeutic use of self
Caring, compassionate
-Promote autonomy
-Advocacy
Special issues for Children and Adolescents -- Reasons for treating children differently:
Developmental appropriateness
Decision-making capability and informed consent
Level of involvement of and impact on others (usually family)
Permission of 1 or both parents required
Assent of child usually required
Not all children capable of assent
Waiving or overruling parental permission and/or child assent
rights-based approaches to health care: (10)
Rights related to virtue
Must fit with justice (equality, fairness, impartiality/ need & merit)
Rights: people can claim them as due to them
Free to not exercise rights
Others have duty to facilitate exercise of rights
Must be enforceable to have meaning
Compensation if violated or set aside
Duties follow rights 
Not wrong to exercise a right
Others are wrong to interfere with exercise of one’s rights
types of rights (4):
-Positive rights 
-Negative/ Liberty rights:
-Moral-correlativity approach
-Rights in trust
rights in trust:
rights children will have when they are mature enough to exercise them—are held in “safekeeping” by appropriate adults
1959 UN Declaration of rights of the child:
Non-discriminatory entitlement to rights to:
At birth (5):
name, nationality, adequate food, shelter, recreation, health care
1959 UN Declaration of rights of the child:
Handicapped child has rights to(3):
special care, treatment & education
1959 UN Declaration of rights of the child:
_____ support for families or other caretakers of children
state
1959 UN Declaration of rights of the child:
__________
education
1959 UN Declaration of rights of the child:
Protection from:
cruelty, neglect, exploitation & discriminatory practices
1959 UN Declaration of rights of the child:
Summary:
Enhance personhood & protect basic needs as grows to adulthood
1959 UN Declaration of rights of the child:
Some note absence of rights to (4):
Autonomy, love, being wanted, personal space & self-expression, to reach potential
regarding best interests, Competent person with decision making capacity makes a decision regarding what he or she thinks is:
in the best interest of the child or adolescent
regarding best interests, what are some components of substituted judgement(6)?
History (self & others)
Existing preferences
Beliefs, values, culture
Self-assessed quality of life
Ability to make decisions
Advance directives (IF lacks decision-making capacity)
define rational paternalism:
Adult must act on basis of wisdom or rational thought
competency, a _____ term, refers to:
global capacity to manage legal, one’s affairs
Adults are presumed to be competent unless a court has declared otherwise
decision making capacity, a ______ term, requires (4):
clinical,
-Ability to understand information presented
-Understand the consequences of the options available
-Ability to express a preference
-Evidence of reasoning
5 requirements for giving informed consent in research:
-Legal and mental capacity
-Sufficient opportunity to consider participating
-Minimal coercion or undue influence
-Language is understandable
-Not asked to waive any legal rights`
stages of kohlberg's moral development:
Pre-conventional
Conventional
Post-conventional
gilligan's moral development (4):
Individual survival
Care and conformity
Independence of self and others
Care & responsibility
particular issues regarding children: Best-______ standard
interest
particular issues regarding children: Rights of children or their parents to _____ health care treatments
refuse
Baby Doe rules:
Child abuse amendments of 1984 re withholding and withdrawing supportive care of infants
regarding research, Parents permission overrides child’s refusal to give assent when (2):
Too young to give assent
Health of child at stake
regarding children and trends influencing ethics of care... MT/FD:
(medically fragile, technology-dependent) children surviving longer
regarding children and trends influencing ethics of care, there is More _____ care for children
home
regarding children and trends influencing ethics of care, there is increased _____-____ care
long term
regarding children and trends influencing ethics of care, there are _____ for public _____ to support families
needs, policy
regarding children and trends influencing ethics of care, ______ care is an influence.
critical
regarding children and trends influencing ethics of care, there was the 1st pediatric intensive care unit (PICU) in _____: Children’s Hospital __________
1960s, philedalphia
regarding children and trends influencing ethics of care, there are increased survival and recovery rates for ______ and ______
surgery, anesthesia
adolescents can be legally _________
emancipated
regarding adolescents, Early (10-14) is when _____ of ______
onset, puberty
regarding adolescents, Middle (15-17), primary characteristics include (3):
peer pressure
Oriented to peers
Conformity
for adolescents, when is the transition into adulthood
18-20
regarding core ethical issues for adolescents, the Right of freedom to consent to or refuse treatment raises what ethical question?
Capacity for understanding?
what is the origin of most adolescent risk-taking behaviors?
social usually
regarding adolescents and risk-taking behaviors, 6 critical health behaviors connected to leading causes of death & disability among U. S. adolescents include:
Violence
Alcohol & other drugs
Risky sexual behavior
Tobacco
Poor diet
Lack / inappropriate physical activity
particular areas of possible exceptions when it comes to adolescent rights to autonomy(3):
-Sexual abuse
-Areas related to sexual behavior
-? Rights to refuse treatment
areas related to sexual behavior that limit adolescent rights to autonomy include:
contraception
Testing & treatment for STD’s
Pregnancy-related issues
__ million over age 65 (20% of population) in US by year ____
69, 2050
By 2050 number over __ will be > number under __
60, 14
it is anticipated that in the future, of the aging, Most will need some care with Activities of _____ ______
daily living
it is anticipated that ___% of elders will need skilled nursing for some time. (by 2050?)
43%
define the frail elderly:
65 & older, with significant physical and/or mental disabilities
regarding the frail elderly, Over 65% over of people 65 have significant:
physical or mental frailty
what are 2 sets of conflicting principles and values with the frail elderly?
-independence vs. safety
-Autonomy vs. best interest / paternalism
regarding ethical concerns with the fail elderly, a question asked is: With aging, does _____ take on more importance vs. autonomy?
dignity
regarding ethical concerns with the frail elderly, one question asks: Who decides on _____ of life?
quality
regarding ethical concerns with the frail elderly, there are Various ways to look at ______ and distribution of scarce resources (_________ _______)
justice, distributive justice
regarding ethical concerns with the frail elderly, one question asks On whom do ______ fall? (another justice issue)
burdens
what are 6 trends and issues with the frail elderly?
-Technology
-Defining death
-Living longer with chronic illnesses
-Technology gets in the way of family and others being present: patient fears of dying alone
-Hospitals increasingly site of death, but home preferred
-Elderly at risk for abuse
historically, how was death defined?
unconscious, no pulse, no breath sounds, fixed/dilated pupils
mid 19th-mid 20th century, how was death defined?
heart stopping
beginning in 1981 how was brain death defined?
need criteria: done at state levels
how is whole brain death defined?
need mechanical ventilator
how is higher-brain death defined?
indefinite vegetative state but don’t need ventilator (no criteria)
4 types of elder abuse:
-Physical: inflicting harm/injury, sexual abuse or misconduct
-Psychological: threats, insults or humiliation
-Financial: controlling elder’s resources through misrepresentation, coercion or theft
-Neglect:
which elders are more vulnerable to abuse (7)?
Mentally ill
Cognitively impaired
History of family violence
Dependency
Poor health
Isolated
Lack financial resources
6 risk factors for abusers of elders:
-Mental illness
-Shared living arrangement
-History of family violence
-Stressful events
-Substance abuse
-Lack financial resources
-Family members, caregivers or “friends”
relevant ANA position statements for elders (6):
Palliative care
Pain management
Patient restraint
Foregoing Nutrition and hydration
Active Euthanasia
Assisted Suicide
relevant AMA position statements for elders (6):
End of life care
Euthanasia
Futile care
Physician-assisted suicide
DNR
Withholding or withdrawing life-sustaining medical treatment
when does medical futility occur?
Occurs when it has been determined that interventions will have little or no chance of a positive effect on the health of a patient
medical futility occurs when you wont _______ patient's goal.
achieve
medical futility: Serves no legitimate _____ of health care
goal
medical futility: Ineffective at least ___% of the time
95
medical futility: Doesn’t conform to ______ ________ standards
accepted, community
ethical questions regarding medical futility (4):
Consideration of cost?
Consideration of age of patient?
Consideration of ability to pay?
What percentage chance is too low
regarding passive euthanasia, voluntary passive is when competent adult:
asks caregivers to withhold or withdraw life-sustaining treatment eg. As for a DNR order
regarding passive euthanasia, voluntary passive is when incompetent patient:
has previously expressed wishes for withholding or withdrawing life-sustaining treatment
regarding passive euthanasia, non-voluntary passive involves what standard?
Use best interest standard
regarding passive euthanasia, non-voluntary passive happens when formerly competent patient:
whose wishes are not known
regarding passive euthanasia, non-voluntary passive never happens with:
competent patient
regarding passive euthanasia, involuntary passive occurs with:
medical futility
what is an issue with involuntary passive?
Should patients or their families demand medically futile care? Rights?
regarding active euthanasia, voluntary active occurs with:
competent adult’s request
voluntary active euthanasia:
Not _____ in ____ except in Oregon
-Terminal ________
Law of _____ ______ is NOT ________
legal, US, sedation, double effect, euthanasia
regarding active euthanasia,non-voluntary active occurs when:
Incompetent patient believed to be in unrelievable pain or suffering
an example of when non-voluntary active euthanasia occurs:
infant
regarding active euthanasia, involuntary active occurs when:
Decision to terminate the life of someone who does not wish to die
ex: nazi T4 program
regarding Importance of individual assessment: values history...dont assume:
an individual fits exactly with values of his/her culture