Discussion points 1 - summaries of tutorial PDF

Preview

Summary

summaries of tutorial ...

Description

NCS3203 – Law and Ethics in Health

Tutorial 1: Discussion poi points nts

Does either theory support the refusal for surgical intervention?

Utilitarianism would support the refusal for surgical intervention because: ‘The greatest good principle’:      

The baby may be viewed as having an extremely poor quality of life - ‘a life not worth living’; The baby will have to suffer pain and indignity for an indeterminate amount of time; The surgery and subsequent care would be costly; The parents do not want the baby – who will care for it? The State? Huge resources would be used; As the baby grew – it would have nothing to offer society and would be a drain on resources Points for further consideration

‘The end will justify the means’ (consequentialism): 



The baby will be left to die (the means) so the baby will not have to go through radical surgery or suffer pain and indignity as it grows, the parents will consider themselves better off and society will not have to support the baby/child/adult with severe disabilities (the end). In this regard utilitarianism as a form of consequentialism which implies the ‘end justifies’ the means – even if the act itself is not morally good.

Deontology is not so clear cut. 

Kantian (Immanuel Kant (1788) deontologists would not support the refusal for surgical intervention because:



We have a duty not to harm and to promote / do good where possible (beneficence) We have a duty to support those who cannot support themselves.



1



However, more modern deontologists would ask the question in this instance is death a harm? I.e. more harmful than keeping alive a person who may be ill / in pain / no quality of life?

 

If the answer is deemed yes – then the baby could be left to die. If the answer is deemed no – then every means possible could be used to maintain the baby’s life, regardless of the consequences. (Duty to preserve life)

Further personal reflective consideration:



How is quantity V quality of life assessed?



Benefit V burden – for patient and family.



Is this a form of passive euthanasia?



Utility (from utilitarianism) can be defined in many ways including- as pleasure, economic wellbeing and the lack of suffering, that the ‘moral’ action is the one that maximises ‘utility’ – how might this be applied to the case scenario?

2...