chapter 20 Medical ethics
DEFINITIONS, TERMS AND MEANING
As was mentioned, there is a distinction between meta-ethics and applied ethics. Meta-ethics is the ‘philosophical inquiry into the concepts, theories, language and intellectual foundations of ethics—as opposed to practical ethical questions’.1 So when a moral philosopher seeks to say what it means to say that something (a value or action) is ‘right’ or ‘wrong’, they are seeking to clarify the language or concepts of moral judgments rather than to say what one ought or ought not to do.2 It is like standing beside (meta) ethical actions and seeking to provide conceptual clarity to the usage of moral language.
Normative ethics is ‘concerned with establishing basic ethical principles or standards (“norms”—from the Greek for builder’s rule or square). Examples include normative theories (e.g. deontology or teleological), normative principles (e.g. the principles of bioethics), and declarations or statements whether on the core values of medicine or on specific duties of doctors and nurses in particular circumstances’.1 The following definitions of terms commonly used in ethical discourse are from the Oxford Dictionary.
ETHICAL APPROACHES
MEDICAL ETHICS AND THE LAW
Another case could be made that ethics and law are different. They may overlap but they are not the same, in that what is considered legal is generally, but not always, ethical. For example, a law could be made that some might consider unethical, such as apartheid being written into law. Equally, a thing that some people might consider ethical could be illegal, such as abortion.
PRINCIPLES-BASED ETHICS3
Autonomy and paternalism
Being paternalistic can also encompass the fostering of the eventual independence or autonomy of the patient, although conventional use of the word in ethical discourse tends to ignore this aspect of paternalism. Paternalism has therefore come in for considerable criticism in recent times, and perhaps rightly so, if it is missing one or more of the abovementioned pillars upon which a reasonable application of paternalism rests (that is, knowledge, skills, objectivity, experience, integrity, self-sacrifice and strength). For example, a doctor may be deficient in knowledge or skills about technical or human matters. The doctor may lack objectivity, care, integrity or strength, or may seek to gain some personal benefit by fostering the dependence of the patient. These examples of how paternalism breaks down are not an argument against the need for authority altogether but, rather, against its misuse. A more enlightened view of paternalism may encompass the practice of a beneficent, compassionate, moderate and reasonable style of paternalistic medicine, also aimed at educating the patient towards independence and informed decision-making. That form of paternalism which is associated with the dependency and negation of a rightful use of self-determination is rightly coming under close scrutiny.
Justice
Beneficence and non-maleficence
Other questions that could be asked include:
RIGHTS AND DUTIES
Unfortunately, much discussion about rights tends to revolve around the things that people expect to be provided with, but tends to ignore the fact that a right to anything is only meaningful in relation to the duty required to provide that right. If, for example, we have a right to healthcare then that implies that someone has a duty to provide it, such as government, community, doctors or other health workers. Rights without duties are largely meaningless. Therefore, if one wishes to promote human rights then one really needs to promote human duties.
OTHER THEORIES
Intuitionism
Intuitionism refers to an approach where intuition is taken as the best yardstick of what is right or wrong. Conscience (from the Latin con—to connect with, and science—knowledge) carries the meaning of connecting with an inner knowledge of what is right or wrong. Such a view implies that humans have moral or ethical precepts written into the very fabric of their nature but they are only clearly seen in a higher state of awareness. Thus, unless there is something significantly wrong with our genes, level of awareness or upbringing, it feels innately wrong to lie, take life or steal. Indeed, the lie detector test is merely a stress test. Other ethicists discount the possibility of such intuition and see appealing to it as an easy escape from more strenuous ethical reflection. To them, intuition is little more than an automatic, unconscious or conditioned response to a given stimulus.
American Medical Association, ‘Medical ethics’. http://www.ama-assn.org/ama/no-index/physician-resources/2416.shtml.
Beauchamp TL, Childress JF. Principles of biomedical ethics. 5th edn. New York: Oxford University Press, 2001.
BMC Medical Ethics. http://www.biomedcentral.com/bmcmedethics/.
Journal of Medical Ethics. http://jme.bmj.com/.
Veatch R. Medical ethics. Boston, MA: Jones & Bartlett, 1989.
1 Boyd K, Higgs R, Pinching A. The new dictionary of medical ethics. London: BMJ Publishing, 1997.
2 Billimoria P. Course notes, MFM1017, Graduate Diploma in Family Medicine, Department of General Practice. Melbourne: Monash University, 2007.
3 Hassed C. Course notes, MFM1017, Graduate Diploma in Family Medicine, Department of General Practice. Melbourne: Monash University, 2008.