Ethical and Bioethical Issues in Medicine
Ethical and Bioethical Issues in Medicine
Post based on the prompt below and respond to a classmate’s post. The grading rubric in the syllabus describes the characteristics of robust posts earning full credit.
Law: The Whistleblower Protection Act of 1989, 5 U.S.C. 2302-, Pub. L. 101-12
In chapter 7, we discussed Public Duty, i.e. duty to speak out against wrong. Now we consider the protections for those speaking out.
- Would anyone ever speak out (become a whistleblower) if they feared reprisals? Who is protected? (200 words)
- Describe this law and implications which extend beyond federal workers including your opinions. (200 words)
Wordcount: (200+200 = 400+)
answer
1. Introduction
Medical ethics is a system of moral principles that apply values and judgments to the practice of medicine. Bioethics is very similar, but it is used to address not only the practice of the medical field but also the results given from the practice. Both of these fields of ethics have the well-being of the patient involved. There is a vast range of ethical issues in the medical field that will be accessed initially in this essay. It would be impossible to define the entire field in 4000 words, thus many limitations will be applied when discussing the issues at hand. The three key issues to be discussed here include: whistleblowing and the effects it has on an individual and an institution, the implications of a doctor’s involvement in torture, and finally the controversial topic of abortion. This essay will firstly define what is meant by the word ‘ethics’ and what it has to do with the medical field. It will briefly discuss the various types of ethics that have been used in the past for both medicine and the practice of bioethics. Finally, it will provide a structured approach to the analysis of these ethical issues.
1.1 Definition of Ethical and Bioethical Issues
There is much disagreement over what an ethical issue is, however, many are in agreement with Beauchamp and Childress, who describe an ethical issue as “…an issue, situation, or problem that requires a person or organization to choose among several actions that may be evaluated as right or wrong, ethical or unethical.” They describe the function of ethics comprehensively, but also simply at its base, as helping to make better decisions. Many others define an ethical issue or dilemma as one in which there is no right or wrong answer (Deigh, 2001). What is meant by this is not that every option is equally valid, but often times, that there is no clear answer or that the correct answer is difficult to prove. The last component to constructing the definition of an ethical issue is its relevance to medicine. This is simply any dilemmas involving a patient, or pertaining to the physician-patient relationship. This can be a situation which involves two physicians, but if it has no bearing on patients it is not a bioethical issue. Bioethics is type of applied ethics which is primarily involved in the examination of moral values and judgments as they apply to medicine. Bioethics is a specific field because of the significant impact that medical advancements and practices have on individuals and humanity and it is distinguished by its reliance on decisions rooted in value judgments rather than factual or scientific knowledge (Jonsen, et al., 2006). The distinction between regular ethical issues and bioethical issues is often a difficult one and both share the same definition. What separates bioethics is that it is examining situations which are coming from rapidly advancing scientific and medical technology. A common debate is whether or not mentally brain dead patients on life support should be kept alive. This situation did not exist before the concept of brain death and life support. This is a bioethical issue. If the debate were whether or not to kill a wounded enemy in ancient warfare, it would not be a bioethical issue because it is not related to medicine or involving a patient.
1.2 Importance of Addressing Ethical Issues in Medicine
This chapter’s discussion of American Medical Association policies that have shaped contemporary health care is begun with consideration of the principles entailed in the AMA’s founding documents. These documents were written just following the Civil War at a time when physicians faced appalling prospects for securing their livings and patients had equally appalling prospects of securing competent medical care. The medical profession was trying to improve its social and economic status by enhancing both the quality of medical services and the educational level of those who provided them. AMA founders believed that the rights and interests of patients and physicians could best be served by an autonomous professional organization that would work to ensure that the public’s health needs were met, that its members were fairly rewarded for their services, and that patients were charged with receiving competent services offered by adequately educated practitioners. The association pursued these goals through two different strategies. First, it attempted to enhance professional self-regulation by upgrading medical education requirements and promoting adoption of the American Medical Association Code of Medical Ethics. Second, it used the influence that physicians carried as individual citizens and voters to promote health care policy that would best serve the needs and interests of both patients and physicians. Succinctly, the goal was to do what was best for patients and physicians by trying to make wise policy. This dual advocacy role continues as one of the central themes in American Medical Association health policy activity.
1.3 Overview of Whistleblower Protection Act of 1989
Whistleblower Protection Act The Whistleblower Protection Act of 1989 was put in place to protect employees who had the courage to report their employer for conducting an activity that is illegal, unethical, and not in the best interest of the public, and still remain free from reprisal. It basically gives the whistleblower the opportunity to voice the activity in a formal manner and be able to stop the activity without any repercussions being taken out on them. This directly relates to healthcare providers as the Act will allow the provider to report the action of another provider or facility and not be subject to termination or suspension of privileges should the report result in an action against the employer. Other employees will also be protected should they be a witness of the event that is being reported by another employee. This act will allow a better patient-physician relationship as an ethical issue may result in a negative patient result, and the provider who caused the issue can be reported and identified without fear of the person reporting the issue being terminated, thereby leaving the patient and provider confused as to what occurred. The Act is enforced under different laws depending on the agency which the complaint is against. These can be found at the following laws for different agencies.
2. Whistleblower Protection Act
2.1 History and Background of the Whistleblower Protection Act
2.2 Purpose and Scope of the Whistleblower Protection Act
2.3 Key Provisions of the Whistleblower Protection Act
3. Fear of Reprisals for Whistleblowers
3.1 Discussion on the Fear of Reprisals
3.2 Factors Influencing the Decision to Speak Out
3.3 Implications of Fear of Reprisals on Whistleblowing
4. Protected Individuals under the Whistleblower Protection Act
4.1 Employees Covered by the Whistleblower Protection Act
4.2 Rights and Protections for Whistleblowers
4.3 Limitations and Exclusions under the Whistleblower Protection Act
5. Case Studies on Whistleblowing in Medicine
5.1 Notable Whistleblower Cases in the Medical Field
5.2 Impact and Outcomes of Whistleblowing in Medicine
6. Ethical Considerations for Whistleblowing
6.1 Ethical Dilemmas Faced by Whistleblowers
6.2 Balancing Professional Obligations and Personal Consequences
6.3 Ethical Guidelines for Whistleblowing in Medicine
7. Conclusion
7.1 Summary of Whistleblower Protection Act and its Implications
7.2 Importance of Encouraging Whistleblowing in Medicine
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