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Bioethics: Walbert F. Delos Santos, RN - MN
Bioethics: Walbert F. Delos Santos, RN - MN
Prepared by:
Walbert F. Delos Santos, RN.MN
NATURE AND CONCEPT OF BIOETHICS
Ethics in general terms is the philosophic sciences, that deal with human
acts. This definition however, is too broad and essentially incomplete
because it doesn’t really deal with all human acts, but only those which are
voluntary, proceeding from deliberation, and ordered toward some
important goal or purpose. There are many human acts which do not
concern ethics because they are involuntary, do not involve moral concerns
or do not have significant consequences. Ethics could be defined in a
special manner, as the science which deals with those acts proceed from
the deliberative will of man, especially as they are ordered to the ultimate
end of man, ethics, as we understand it, has for its primarily concern the
ultimate end of man and the principles of ethics to be discovered are of
concern only as they apply toward that ultimate end. In another practical
way, the science of ethics can be considered to be foundation for the art of
living well.
The method used in the science of ethics is human reason based on human
experiences. Through the use of rational faculty of man, the basic
principles of ethics are derived from ordinary experiences and applied to
the multiplicity of human act which can be performed. Ethics does not
result in a set of specific rules of human behavior, but in general principles
to be applied in practical situation. Ethics therefore, does not deal in
matters of “absolute truth”. First, the subject matter of ethics is variable,
since it consists of free human acts. Second the universal principles of
ethics have an element of uncertainty about them. The reason for this
element of uncertainty is because the general principles, when applied to a
specific human acts, must take into consideration the circumstances
surrounding the act. As these become more complicated, there may be
more and more uncertainty in evaluating the morality of act. It might be
nice if every human act came in simple, uncomplicated package, but
reality teaches us that this seldom so.
Ethics deals with deliberate and voluntary human acts that are
ordered toward some ultimate end. The matter of the ultimate end
becomes important because it is the goal or purpose toward which
all human acts, in the long run, are directed. Furthermore, it is the
ultimate end which must direct us in the art of living well. We have
lived well if the ultimate end has been attained.
2 kinds of abortion:
1. Spontaneous abortion such as miscarriage.
2. Therapeutic abortion such as
Induced/Medical/Elective/Intentional/Criminal.
D&X- a mechanical method of abortion designed to kill the pre-
born child after the period of viability. Also called ‘partial-birth
abortion’.
TH E R E ARE 5 TYPES O F A B O R T IO N S :
threatened, incomplete, inevitable, complete, missed.
these are the medical terms for abortion. the above are not
medically induced. they are basically various types of miscarriages
that occur due to various reasons, some of which include genetic
defects, cervical incompetency, previous miscarriages, etc. they are
natural.
the 6th type is MTP or medical termination of pregnancy, which we
commonly associate with the term abortion. This is medically
induced. The two ways of performing MTP is either medically (the
patient is given two tablets, and this induces the fetus to get aborted)
or surgically (dilatation and curettage being the most common
method)
EUTHANASIA
Greek term “Thanatos”
The act of practice of permitting the death of hopelessly
sick or injured individuals in a relatively painless way for
reasons of mercy.
It is commonly called merciful killing to relieve
suffering.
PASSIVE EUTHANESIA
Hastening the death of a person by altering some form of support and
letting nature take its course is known as passive euthanasia. Examples
include such things as turning off respirators, halting medications,
discontinuing food and water so as to allowing a person to dehydrate or
starve to death, or failure to resuscitate.
Passive euthanasia also includes giving a patient large doses of morphine
to control pain, in spite of the likelihood that the painkiller will suppress
respiration and cause death earlier than it otherwise would have happened.
Such doses of painkillers have a dual effect of relieving pain and
hastening death. Administering such medication is regarded as ethical in
most political jurisdictions and by most medical societies.
These procedures are performed on terminally ill, suffering persons so
that natural death will occur sooner. They are also commonly performed
on persons in a persistent vegetative state; for example, individuals with
massive brain damage or in a coma from which they likely will not regain
consciousness.
ACTIVE EUTHANASIA
Far more controversial, active euthanasia involves causing the death of a
person through a direct action, in response to a request from that person. A
well-known example of active euthanasia was the death of a terminally ill
Michigan patient on September 17, 1998. On that date, Dr. Jack Kevorkian
videotaped himself administering a lethal medication to Thomas Youk, a
52-year-old Michigan man with amyotrophic lateral sclerosis. CBS
broadcast the videotape on 60 Minutes less than a week later. Authorities
subsequently charged Kevorkian with first-degree premeditated murder,
criminal assistance of a suicide, and delivery of a controlled substance for
administering lethal medication to a terminally ill man. There was no
dispute that the dose was administered at the request of Mr. Youk, nor any
dispute that Mr. Youk was terminally ill. A jury found Kevorkian guilty of
second-degree murder in 1999. He was sent to prison.
SUICIDE
Intentional self-inflicted death.
A uniquely human acts, suicide occurs in all cultures.
People who attempt or complete suicide usually suffer
from extreme emotional pain and distress and feels
unable to cope with their problems.
Severe depression and feels hopelessness about the
future.
DETERMINATION OF DEATH
The uniform determination of death act(UDDA) is a draft state law that was
approved for the US in 1981 by the national conference of commissioners on
uniform state laws
Cooperated by the American medical association, American bar association
and the president's commission on medical ethics.
The act is intended “to provide a comprehensive and medically sound basis
for determining death in all situations.”
DEATH- is determined when an individual has sustained irreversible
cessation of circulatory and Respiratory function, or irreversible cessation of
all functions of the entire brain including the brain stem(Legally Death).
CLINICAL DEATH- It is the popular term for cessation of blood circulation
and breathing. It occurs when the heart stops beating in a regular rhythm, a
condition also called as cardiac arrest. During clinical death, all tissues and
organs in the body steadily accumulate a type of injury called ISCHEMIC
INJURY.
BIOLOGICAL DEATH- Irreversible cessation of all body functions or
orgasmic functioning and human death as the irreversible loss of personhood.
CLINICAL DEATH
It is a popular term for cessation of blood circulation and breathing.
Occurs when the heart stop breathing in a regular rhythm, a
condition called cardiac arrest.
Meaning the clinical appearance of death.
It is a medical condition that precedes death rather than actually
being dead.
Instead of death, cardiac arrest came to be called “Clinical Death”,
meaning the clinical appearance of death. At the onset of clinical
death, consciousness is lost within several seconds. Measurable
brain activity stops within 20 to 40 seconds, irregular gasping may
occur during this early period, and is sometimes mistaken by
rescuers as a sign that CPR is not necessary.
CL IN IC A L D E AT H A N D D E T E R M IN AT IO N O F
D E AT H
Historically death is believe to be an event. But it is actually a
process rather than an event.
It is a process which divide a fine line between life and death
It also depends on factors beyond the presence or absence of vital
signs.
It is neither necessary nor sufficient for a determination of legal death.
IN VITRO FERTILIZATION
In vitro fertilization: IVF, a laboratory procedure in which sperm are
placed with an unfertilized egg in a Petri dish to achieve fertilization.
The embryo is then transferred into the uterus to begin a pregnancy or
cryopreserved (frozen) for future use. IVF was originally devised to
permit women with damaged or absent Fallopian tubes to have a baby.
Normally a mature egg is released from the ovary (ovulated), then
enters the Fallopian tube, and waits in the neck of the tube for a sperm
to fertilize it. With defective Fallopian tubes, this is not possible. The
first IVF baby, Louise Joy Brown, was born in England in 1978.
In vitro fertilization literally means "fertilization in glass." A child born
by in vitro fertilization is inaccurately known a "test tube baby."
In-Vitro Fertilization – the process involves hormonally
controlling/correcting the ovulatory process, removing the
ova(egg) from the woman’s ovaries thru a clinical procedure or
process(follicle aspiration) and letting the egg(zygote), is then
transferred to the patient’s uterus with the sperm for fertilization.
STEM CELL TECHNOLOGY
A technology developed with the used of multi potent stem cells.
In addition to the benefits from the ethical perspective, this method
has the advantage that it uses readily- available skin cells as the
starting material. It is not subject to supply constraints of existing
sources of embryonic material. This new and unlimited source of
Stem Cell Lines could be use to produce differentiated cell lines for a
variety of targets.
It is developed in US aimed at the production, expansion, and
differentiation of multipotent stem cells. The program is known as the
Revivicor program, which involves the differentiation of
skinfibroblast cells, thus bypassing the need for creating and then
destroying human embryo or fetal tissues.
TH E HU M A N PE R S O N
Only acts performed with knowledge and freedom are properly human
and consequently moral, for only then
are they either good or evil.
Actions which happen in the body or through the body without the
awareness of the mind or the control of the will are not human acts but
merely acts of man.
3. Division of Human Acts – There are different kinds
of human acts:
a. Elicited and commanded acts – elicited acts are those
produced directly by the will; they begin and end in this
faculty without transcending to other faculties, as the act of
love, hate, or desire. Commanded acts are completed through
other internal or external powers of man under the control of
the will, as the act of thinking (internal), and the acts of
walking, talking, writing (external).
b. Internal and External Acts – the first are performed by the
internal faculties of the soul, as the acts of thinking and
loving. The latter are properly called actions and are
produced by different organs and senses of the body under
the command of the will.
c. Good, Bad, and indifferent Act are: those acts which agree,
disagree, or stand in no positive relation, respectively, with the
dictates of right reason or the rules of morality.
d. Natural and Supernatural acts are those which proceed from the
natural powers of human nature alone or from the supernatural
aids given to man such as the sacraments, grace, faith, etc.
e. Valid and invalid acts. The valid acts possess all the moral
requirements to produce proper or several of the required moral
conditions. The invalid acts lack one or several of the required
moral conditions.
4. Analysis of the Human Act – the psychological process
involved in the different steps towards the completion of the
moral or human act was carefully analyzed by St. Thomas
Aquinas. Six of these steps emanate from the formal
causality of the intellect; the other six, from the formal
causality of the will.
The Seven (7) Steps are the following:
a. Volition which is a mere desire or inclination of the will towards any
good object known by the intellect.
b. Intention which is the active desire for a particular good after the
intellect has “convinced” the will that this particular good should be
obtained through a personal action.
c. Deliberation or counsel which sets in motion a series of thoughts and
judgments concerning the most suitable means toward the
attainment of the desired good or end.
d. Consent which is a definite decision as to what means should one
used. The will is finally attracted to the result of the process of
counselling.
e. Choice or election by which the agent actively commits
himself to follow the last particular judgment accepts by
choice the particular means proposed in order to get that
desired good.
f. Command. The intellect points out and the will moves
together executive power of man, internal and external, to
act and get the intended object. To command is primarily
an act of the intellect, but it must be supported by or
founded on a previous act of the will, by virtue of which
reason moves through command of the will to the
command of the act.
g. Enjoyment of fruition which consist in the actual attainment
of the desired good. “Sensible fruit is what is looked for in
the final stage of a tree, and it is perceived with some
sweetness.
5. Freedom and Morality – Some philosophers teach that
man is not free but determined by heredity, economic
factors, environment, character, temperament, etc. They
say that all these factors so intrinsically affect human life
and determine human conduct that man has little
freedom, if any.
II. THE VOLUNTARY ACT
1. Nature of the voluntary Act - A voluntary act is defined as
the act which proceeds from an intrinsic principle with
knowledge of the end.
1. Actual intentions- is that which is present ‘here and now’ before the mind
while performing in action.
2. A virtual intention- is that which was made at some former time and still
influences the act which is now being performed.
3. Habitual intention- is the retention in the unconscious mind of a intention
made at some former time and which, although actually forgotten, has never
been retracted. It is different from a habit or custom.
4. Interpretative intention- is the result of interpreting the intention of one who is
not present or of one who does not have the power of judgment to make a
decision by himself.
III. THE MODIFIERS OF THE VOLUNTARY ACT
The modifiers or conditions are factors that affect the morality of human acts.
These intervening factors may influence the will’s judgment and the reason’s
decision-making processes as to the degree of moral responsibility, liability,
or accountability of the agent/doer.
Since knowledge and freedom admit various degrees it follows that moral
responsibility is in proportion to the degree of knowledge and freedom. The
greater the knowledge and freedom, the greater the voluntariness and moral
responsibility involved, and conversely. Hence, in order to determine the
moral responsibility of human actions, we must study the various degrees of
ignorance.
There are five (5) modifiers or conditions, namely:
1. Ignorance
2. Fear
3. Concupiscence
4. Violence
5. habit
1. Ignorance – In ethics, ignorance is lack of the knowledge
which man should have of his moral duties. The want or
absence of knowledge, that is, a person is unaware or
uninformed of a fact, law, or penalty. Like a child’s ignorance
of the lawyer’s duties is only a negative ignorance for it is
absolutely involuntary.
Implications- agent/doer is liable for acts out of conquerable,
consequent ignorance, but not answerable due to
unconquerable, antecedent, and concomitant ignorance.
a. Invincible Ignorance is that which cannot be overcome either because
a person does not realize his own state of ignorance, or because it is
almost impossible for him to acquire the proper knowledge of the
matter. It is by no human effort can ignorance be dispelled, it is called
physically invincible. If ignorance cannot be overcome by ordinary
diligence and reasonable efforts, it is called morally invincible
ignorance.
FIRST PRINCIPLE:
• Invincible ignorance makes an act involuntary. nothing is willed except that which
is known and knowledge here is beyond the person’s power or at least very
difficult to attain.
THIRD PRINCIPLE:
Affected or pretended ignorance does not excuse a person from his bad actions;
on the contrary, it actually increases malice.
2. FEAR- the apprehension of pending harm or danger which disturbs
the human mind.
IMPLICATION- Act is done from or out of fear is not one’s own act, thus,
involuntary, while acts done with fear are voluntary.