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Medical Ethics vs Legal Ethics
Transcript of Medical Ethics vs Legal Ethics
The case of Miss P
Are value judgments in Medical Ethics more, less, or equally compelling than value judgements in legal ethics?
The case of Miss P
To what extent can we distinguish between what is ethical and what is not?
How can we determine what is medically ethical and what is not when dealing with life and death, disease and cure?
How does our emotions/ culture/ religion, play a part in the way we distinguish between what is right and what is wrong?
To what extent should we allow reason to outweigh moral judgements?
The study of how human beings should act
The systematic study of right and wrong, or of moral choices.
Right vs Wrong
"In TOK, we will consider morality to be our sense of right and wrong and ethics to be the area of knowledge that examines that sense of morality and the moral codes we develop from it."
What affects someones perception of whats right and whats wrong:
personal and cultural senses of identity
To what extent is turning off someone of life support justifiable?
Doctors - reasoning
Human side - emotion, faith, religion
To what extent is it justifiable to take someones life?
Does the fetus feel pain?
Does rape justify abortion?
According to religious beliefs the unborn already has a soul therefore has a life.
To what extent is it moral to judge a psychopath as a criminal without considering his mental health?
"There is a violence that liberates, and a violence that enslaves; there is a violence that is moral and a violence that is immoral."
To what extent are these moral or immoral?
Miss P's Case
Medical Side - Reasoning
there were medical "concerns about the risk to mother and child"
the judge said that "a permanent, predictable and stable home" would be best achieved by adoption.
Legal Side - Ethics/ Laws
P's father, a Senegalese national, had, like the mother opposed the council's applications.
The mother, has 2 other daughters, both looked after by her mother.
"Adoption is never considered until we have exhausted all other options".
Human Side - human rights
"they shamefully abused her rights" - lawyer
she said she "is suffering like an animal"
"They made me have a caesarian without telling me anything. (...) I thought they were just moving me from one room to another (...). Then I was sedated. And when I woke up she was not with me any longer."
"I did not give my consent, neither orally nor in witting, for the adoption of my daughter".
"my daughter is not mad, she is being treated from bipolar disorder and they snatched her daughter against her will." - mother's father
The 36-year-old women, and Italian citizen was pregnant when she came to Britain on a shot visit in June of last year. She has a history of paranoid schizophrenia and suffers from bipolar condition and has been resisting treatment. After a panic attack she was sectioned under the mental health Act. Through she is around 36 weeks pregnant doctors want to induce labor immediately.
The mother was "severely neglecting herself", authorities pursued a court order for a forced C-section as a precaution , in case the woman refuses to give birth naturally. Following the court order, the woman was reportedly sedated, and the baby was forcibly removed from her womb.
Doctor's decision was made by
all the facts; this way, the emotive side wasn't taken into consideration, which actually ends up being justifiable.
With the use of language, social service was able to reason their way out of the emotive perception of the case.
Judges decision can be influenced by his intuition.
Those involved in making the decision could have been more human (emotive) and considered warning her what was happening to give her a chance. However they reasoned that she shouldn't be treated like a human being.
Regardless of emotion, therefore referring to this case form a medical point of view; doctors and judges decision is justifiable. However as humans, the way the mother was treated is completely unethical. Everyone deserves a chance and if she had a chance she could have changed. But a newborn's life is not defined by a chance, it requires certainty.