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