Lesson 12 Human Their Acts and Actions

MT108: Medical Technology Laws and Ethics
Humans and Their Acts and Actions

Cebu Doctors’ University
Humans and Their Acts and Actions Virtues. Good habits that force a person to do what is
morally right for himself/herself and for others.
Reading Assignment
Will. A voluntary action of a person
Read the following topics in Humans and Their Acts and
Actions Human as doer of an act
1.Human as doer of an act Human beings have three separate entities namely body,
soul, and spirit based on theological teaching.
2. Passion and Human Acts
Nature of Man
3. Distinction Between Acts and Action
Based on early Christian beliefs, a person is viewed
4. Human Action as Dictates of Conscience through different perspectives:
Definition of Terms 1. Augustininian doctrine- a person is spiritually
dead, Such doctrine centers on the original sin, that is,
Acts. Expressions of human actions from Adam and Eve.
Concupiscence. Affection of sensible faculties which 2. Pelagianism- a person as spiritually well at birth,
considers their object as good or evil and then he/she chooses his own destiny. According to
Freedom. The right to do what a person wants this doctrine, a person may reshape his/her destiny.
However, some disagree with this theory since the
Habits. Permanent qualities of a person, which Augustinian doctrine simply says that God
predispose his/her faculties to act with ease or readily determines a person’s desire.
Hierarchy of needs. A ranking of needs-from the basic to 3. Semi-pelagianism- a person is spiritually sick
the complex-that a person wants to achieve or is still trying and only needs the help of a higher power to assist
to achieve him/her in his/her recovery.
Human action. An external manifestation of one’s inner Distinction between Human Acts and Acts of
choice or a free self-determining choice humans
Morality. A concept of good, proper, and ethical actions Human Act- When a person does or chooses to do an
act and the act is done.
Negligence. A type of tort associated with failure to carry
out reasonable care, precautions, or protocols Act of a Human- when a person has no control over
an act but still executes it.
Passion. An irrational working of a person’s mind
complemented by notable alteration by the body for the Moral point of view - no one is born good or bad.
apprehension of what is good or evil, and characterized by
intense emotions and convictions that defy reason Metaphysical point of view - if an act is done with
bad intentions, then such act can turn out to be bad.
Values. A set of moral deeds or virtues Hence, human acts are either morally
Vices. Bad habits or tendencies for wrongdoings

Violence. An impulse or tendency to act against other
people to the extent of inflicting harm on them
Reference Book :Philippine Medical Technology Laws and Bioethics (Sally C. Suba, PhD & Giovanni de Jesus Milanez, RMT, MSMT
good or morally bad, and their goodness or badness is Two types of passions: may require strong determination to
imputed to a person. In consequence, these acts are achieve:
worthy of praise or blames, so a person who elicits
them, is regarded as virtuous or wicked, innocent or  passion for product
guilty, or acts of compassion.
 passion for industry
Acts of a human occur when acts are solicited while the doer of
The passion for growth may literally mean the
the actions has no control over them.
desire for achievement and fulfilment.
EXAMPLE:
The passion for help is carried out by being a
When a crime is committed against a person or property, “good Samaritan” to those who need help.
sometimes, the question may arise if such a crime is an act
Passion for synergies. This passion is similar to
of a human.
the two samples, that is when put together, they result
Distinction Between Acts and Action in something better.
The English language distinction between acts and actions Two general kinds of passion
is based on whether the term is used as a noun or verb (act)
Concupiscible passion- affection of the sensible
or noun (action).
faculties that tends to appreciate the good or evil.
In terms of ethical reasoning, a registered medical
EXAMPLE:
technologist must act in accordance with what is
just and fair. 1. general excitement of love and hate
To illustrate “act” as a noun, one good example is “The Act 2. Desires aversion
of benevolence has been demonstrated by a registered
medical technologist.” 3. Love, Hate, Sadness
The action of the said medical technologist is to do the Irascible passion, on the other hand, arises when good
laboratory examination with reliability and accuracy. or evil is apprehended as associated with difficulties or
obstacles to be overcome.
When do you consider an act as a human act or an
act of a human? Morality and its determinants
Passion and Human Acts A person has the free will to do what he/she wants, which
is sometimes ends wrongly whenever he does evil
A person as a doer of an action must act with passion. acts.
Passion is what inspires a person to move forward and
achieve his/her goals and aspirations. Human acts are categorized into morally right or
morally wrong.
VARIOUS TYPES OF PASSIONS
MORALITY- determines whether the actions are
One important passion is passion for money. morally right or morally wrong.
However, too much passion for money can turn into greed.
Essence of Morality
Passion for solution is a passive passion in which a
person looks into various options in solving a problem. When a child does what is good for himself or
herself. Then that is morally right. Oftentimes, some
acts of a child are bad. If so, then these acts are
morally wrong. The essence of morality may
follow the saying that if an act is commented and 4. That the doer of the act be not under the
approved by ethical reason, then such an action is right. On obligation of averting the evil consequences in
the other hand, if an act has been disproved by ethical question.
reason and blamed others for the outcomes of such actions,
then it is morally wrong. If the act is intended for no other purposes,
except to serve others, then it is morally good. In some
The primary ideas of right and wrong are similar: occasions, the conditions are present:
 to truth and falsity 1. If the act done is praising the Supreme Being,
 cause and effect 2. If the act is a personal obligation or responsibility.
 substance and accident 3. If the act of doing good things to others is the
doer’s passion.
which are common and being experienced by all men.
Hence, primary ideas are also called trustworthy ideas. 4. if the act done may benefit the poor, weak, and
children.
The distinction between right and wrong usually
corresponds to the difference existing objectively in human DETERMINANTS OF MORALITY- moral
acts. characteristics of an act. Three determinants of morality
are the following
Some statements of truthfulness may be further
pointed out, which are as follows: 1. Object of the Act
1. Reason why our intellect approves some acts. This is the act itself or any action done. An object of
an act is good depending on the specification. For
2. Reason why our intellect disapproves other acts example, going to church or praising God is good in
itself because God is the supreme goodness.
3. Radical notion conveys them as good.
2. End or Purpose of an Act
Morality of Human Acts
If the motive of an act is good, then the act is good.
Every human act is either good or evil and right or wrong in
Sometimes, “the end does not justify the
the context of morality. If besides the good effects directly
means” means the purpose or end of an act is good
intended in an act, evil effects are foreseen as likely to result,
but the employed means is wrong; thus, the act is
the act is illicit unless it fulfils the following conditions:
vitiated.
Example: going to church every Sunday is good, but
1. That evil effects be not directly intended.
if the end or purpose of going to church is to show off
2. That the good effect intended be not produced by means one’s new dress and to wear an expensive perfume,
of the evil effect, for it is never allowed to do evil so that then the act is bad.
good may come. For example, a general does not kill the
3. Circumstances of an Act
non-combatants in order that by achieving this end, it may
destroy the combatants. If the act itself is good but the prevailing
circumstances are not favorable to the act done, the act
3. That the good directly intended exceed the evil effects.
is still wrong.
No one could licitly bombard a city for the sake of a slight
advantage.
Example: the act of giving money to poor people or Example: a person who is convinced to do a
beggars is morally good because it is an act of sharing your felony because his/her family needs money will have
blessing. no choice but to commit such an act.
However, if the beggar does not do anything to earn a Concupiscence
living, then the act is wrong because such act tolerates the
habit of begging. This is a strong impulse of the sensible appetite
inclining the will to seek sensible good and fly from
Accountability for and Hindrance to Moral Acts sensible evil.
A person must be accountable for the acts done, whether Antecedent- When it arises unbidden by the will,
consciously or unconsciously or whether such action is Consequent- arises at the command, or continues with
good or bad and regardless of the circumstances or end the consent of the wil.
or purpose of an act. Such Accountability of free acts-is
imputable to the person who does it. As soon as sensible good or evil is perceived, the
appetite generally acts instinctively.
Accountability- liable for such acts.
This first impulse is not free, and, consequently not
There are hindrances to doing moral acts, which are imputable to the individual. In as far as
described as follows: concupiscence impels the will, it restrains one’s own
liberty, and, thus, lessens one’s accountability.
Ignorance of the Act
Needs of an individual as a human person
If a person chooses to do a free act even if such an act is
evil, he/she is still liable for such act even if he/she has no Basically, a person by nature struggles to achieve the
knowledge that such act is evil. highest goal in life, that is, the attainment of good
health, power, and wealth. There are two general needs
Example: a person does a felony without his/her a person aims for and these needs including the
knowledge that such act is a crime. He/She is still liable for satisfiers are presented as follows:
such act because as a rule, ignorance of the law excuses no
one from non-compliance therewith. Such provision of the
New Civil makes that person liable.
Fear
This hindrance is present when a person is afraid to do a
good act.
Example: the roles of policemen in keeping peace and
order in the community cannot be carried out if some
policemen do not want to perform their duties because of the
work-related risks.
Violence
This is a strong impulse from without, tending to force the
agent to perform an act against his/her choice.
This means respecting the inherent value and worth of
Identity Sense Religion, Build Place where each person. The dignity of a person is difficult to define and
customs, reputatio one belong in
describe when a person is still young because dignity is
of language, n, getting everyd ay
belonging, norms, and to know setting
usually appreciated in an older person for it is associated
self-esteem, values one-self, . with seniority and respect.
respect, grow and
Collaboration
recognition, being
and committe This translates to working together with people who
consistency d
support common values and vision to achieve shared goals.
Freedom Open- Equal Run Anywh
mindedness rights and risks, ere In the pursuit of knowledge, collaboration is needed, most
, Passion, liberty of develop especially with colleagues who know better and have
self-esteem, abode and acquired a higher intellectual capability.
liberty, and being
autonomy aware Justice
This is achieved by advocating social change and acting in
Maslow’s hierarchy of Needs ways that promote respect for all persons and
demonstrate compassion for our fellow human beings who
are powerless. The same value is commonly seen in an
everyday setting in which each person is given an equal
5.Physiological needs – lowest need, food, shelter, and chance to participate.
clothing. Stewardship
4.Safety needs- may come to the fore when protection is
needed depending on the place and status of the person. This means cultivation the resources entrusted to us
to promote healing and wholeness. It is an important
For those people who are single and alone, value which is common among Filipinos who belong to
3.stage of love and belongingness-must be satisfied by a healthcare system.
being married or by living with other people who show Excellence
strong affection and love. The sense of acceptance is needed
in this aspect. This refers to exceeding expectations through
teamwork and innovation. It is the most difficult thing
2. & 1. Self-actualization and Esteem (topmost needs) are to achieve because of the presence of intervening
unattainable since nobody can ever be contented because factors and obstacles in life.
people need to have more things in life.
Dignity of a Person
Values and Dignity of Human Beings
The dignity of a person as mentioned earlier is difficult
Values and dignity are not solicited because they are to describe but inherent in every individual. Four
inherent in a person. Common values and descriptions of important factors of dignity are the following:
dignity are demonstrated in everyday life.
Personal Identity
Common Values of a Person
This is found to be the most relevant in the context of
Values are inculcated in everyday activities. Some common older people. It relates to self-respect, and reflects
values include the following: an individual’s identity as a person. This can be
Dignity violated by physical interference as well as by
emotional or psychological conditions such as
humiliation, insult, or embarrassment.
Menschenwurde
This type of dignity “refers to the inalienable value of
human beings”. It is identified with or grounded in
“what it is to be human”.
Three themes are identified within this type:
(1)control of physical functions
(2) human beings are storytelling animals, a core of
which is the capacity to build and shape one’s identity
and understanding of oneself through the development
of meaningful life’s stories
(3) as social creatures, human beings require self-
respect which comes from their being recognized by
others as worthy of respect.
Merit Negligence
This relates to dignity or social status that is ascribed to Negligence refers to a person’s failure to use
people because of their role or position in society, or reasonable care.
because of what they have achieved.
It can take two forms;
Example: a nurse, or a doctor, or a therapist has status that is
recognized by other people. When older people retire, they  either the failure to take action that a
may be excluded from an active or wider involvement in reasonable person would do
society and may experience associated loss of their dignity.
 doing something that a reasonable person
Moral Status would not do.
This is emphasized by the person’s moral autonomy or In both cases, the responsible party’s actions result in
integrity. some form of harm either to another person or to another
person’s property. Some prerequisites to prove
Example: If an older person is able to live according to negligence are:
his/her own moral principles, then that person will
experience a sense of dignity. 1. Cause of action. Here, the accused owes a duty
to the other party and has failed to conform to the
Ignorance and Negligence required standard of conduct, resulting in an injury.
There is a distinct difference between not knowing what to do 2. Intervening cause. Sometimes a plaintiff’s
(ignorance) and making the choice to do what is incorrect injury results from more than one cause. Suppose a
(negligence). Here, such distinction is clearly elucidated by defendant negligently injures a pedestrian in an
citing the necessary prerequisites. automobile accident. The defendant in this case is an
emergency room doctor who negligently treats the
Ignorance plaintiff, aggravating his/her injury.
Ignorance means lack of technical or theoretical 3. Proximate cause. Perhaps no issue in
knowledge in the act of doing work, a task, or any thing. In negligence law has caused more confusion than the
order to prove any evidence of ignorance, the following issue of proximate cause.
conditions must be present:
4. Reasonable care. A person has acted
1. A person is not competent to do the job. negligently if he/she has departed from the conduct
2. He/She does not have any experience in doing the job. expected of a reasonably prudent person acting under
similar circumstances.
3. He/She does the act without any knowledge of its
5. Duty. A defendant is not liable for negligence,
consequence.
even if he/she did not act with reasonable care, or if
4. He/She has the ability of discernment but fails to execute he/she did not owe a duty to the plaintiff. In general,
the job because he/she has no knowledge about the job. a person is duty-bound to all persons at all times to
exercise reasonable care for their physical safety and the
safety of their property. This general standard of duty
may lead to seemingly unjust results.
Negligence is also used to describe someone’s (4) communications and correspondence. In some
actions or used as a justification for a lawsuit. cases, the dictates of conscience are considered as
motivation deriving from ethical or moral principles
There are four steps in proving negligence. that govern a person’s thoughts and actions.
To be successful, the plaintiff must prove that: Situations where conscience is Absent
1. The defendant has a duty of care. Since conscience is an act of consciousness, there are
occasions in which the dictates of conscience cannot be
2. The defendant did not meet that duty of care.
entertained. These occasions include (1) acts of omission
3. The plaintiff suffered harm that a reasonable person in constituted as a crime; (2) act done is too immediate or
the defendant’s position could have foreseen. abrupt; (3) struggling for physiological needs; and (4)
greediness for wealth and power.
4. The damage was caused by a breach of duty of care.
TORTS and MALPRACTICE
Human Action as Dictates of Conscience
In the healthcare system, there is a need to discuss
When a person decides or acts badly or properly, he/she torts or so-called malpractice or medical negligence. It
is bothered by his/her conscience. Conscience is a built-in is evident that malpractice or torts occur because of
sense of what is right or wrong. A good person cannot deny failure of medical and allied health practitioners to
that his/her action is dictated by his conscience. carry out the standard of health care to be administered
to patients.
Descriptions of Conscience
Elements of Torts and Malpractice
The word conscience contains the word science, which
comes from scire (a Latin verb meaning “to know” or  Torts include the non-observance of the
“knowledge”). A person thinks of his/her conscience as standard protocol in a clinical setting. They are
his/her own knowledge, especially when it comes to one’s committed when healthcare providers violate the
own morals, feelings or ideas about right and wrong. Pangs standard of care which they think is nothing but the
of conscience, which feel like an uncomfortable inner minimum healthcare threshold level that should be
voice, are helpful when one is trying to decide the right provided to the patient.
thing to do in a particular situation. The dictates of
conscience are evidenced by relatives during a euthanasia  The standard of care does not necessarily have to
case. However, in the case of healthcare providers, one’s be written down. Indeed, in many instances,
conscience may be pricked if standard care or reasonable the standards of care are not recorded but
care has not been extended to patients. recognized by healthcare providers.
The conditions in which the dictates of conscience  Torts are actionable wrongs inflicted upon
are evident include: another. Medical/legal malpractice is the term for
negligence, breach of fiduciary duty, or breach of
(1)health care extended to the patient contract by any healthcare provider which cause
harm to his/her patients.
(2)Decision-making in clinical management
(3)establishing good rapport with colleagues
Common torts may include: not negligent and does not intend to cause any harm. This
is also called absolute liability.
1. Assault. It involves an attempt to do harm to
someone or initiate a harmful contact with a person. In The common values of Filipinos include:
other words, it is a threat to do something violent or
physical.  Justice
***In the healthcare system, assault is committed especially  Collaborativeness

if there is a conflict of interest in the service rendered.
 Dignity
2. Battery. This is the intentional and offensive acting
 Stewardship
upon a threat, hence involving physical contact. A classic
example includes healthcare providers who do not use or  excellence.
adopt the principles of self-control justice and benevolence.
The dignity of a human being is seen in personal
3. Intentional or accidental damage to personal identity, menschenwurde, merit, and marital status. When
property. Property damage can occur in a number of ways, a person acts or does something, whether properly or
such as automobile accidents; breaking, marring or staining badly, he/she is bothered or pricked by his/her
of valuables; or poor aim (such as baseballs or gunshots conscience.
accidentally sent through windows). But any action to
recover for property damage is limited to the jurisdiction of Conscience is a built-in sense of what is right or wrong.
the court.
*** A good person cannot deny that his/her action is
Example: a magistrate can only decide a case dictated by his/her conscience.
involving a fire that burned down a building if the
damages include ten thousand dollars or less. This tort is Ignorance is an act done even if someone has no
evident in clinics or hospitals, especially in cases that focus on technical or theoretical knowledge of doing such work.
wealth and power and not on the delivery of service. Negligence is a person’s failure to use
reasonable care. It can take two forms: either the
Other types of torts or malpractice include: failure to take action that a reasonable person will do
or doing something that a reasonable person will not
1. Intentional torts. As mentioned earlier, there is evil do. In both cases, the actions of the responsible
intention in doing the wrong acts. One good example is party result in some form of harm either to another
when a person performs an operation even though he/she is person or to another person’s property.
not a licensed physician.
Torts are act of not doing the standard protocol
2. Negligence. It is the conscious or unconscious in a clinical setting.
commission of a wrong act without caution or care.
Negligence will be discussed in detail in the next section. They are committed when healthcare providers
violate the standard of care. On the other hand,
3. Strict liability. It refers to the unconscious malpractice or torts occur because of the failure to
commission of an evil act. For example, in most states, observe the standards of health care delivered to
when a contractor uses a dynamite which causes debris to fix patients.
onto the land of another and damages the landowner’s
house, the landowner may recover damages from the
contractor even if the contractor is

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MT108: Medical Technology Laws and Ethics

Humans and Their Acts and Actions

Vices. Bad habits or tendencies for wrongdoings

***In the healthcare system, assault is committed especially  Collaborativeness

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