Bioethics

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PHYSICAL DIAGNOSIS Do all persons without exception have dignity?

BIOETHICS Where does the human person derive or get his


dignity from?
Dr. Dax O. Librado, MD
- All persons without exception have dignity from the
INTRODUCTION newly conceived to the dying
- Ethics in PD is not necessarily an ethical type that gives - ELEMENTS: A person has dignity because of his nature
moral judgment on action that is, a thinking and a will
- More on the attitude of the physician towards the - Every person is endowed of intelligence and a will
patient and profession
- Concerns the intimate and humane but professional { INTELLIGENCE }
relationship -` Faculty that enables the person to think, deliberate,
- Requires knowledge at the ethical principles and reflect, understand, realize and make conclusions
guidelines and the capability to apply them in cases
- Bioethics comes before a diagnosis has come up { WILL }
- As soon as the patient enters the clinic, bioethical - Faculty that enables the human person to decide and
principles are already applied choose freely
- The moment the patient answers the question of the - As long as the human intelligence and will are present
physician, the physician is bound to keep in the dignity is there
confidentiality (BIOETHICAL PRINCIPLE) - It is the intelligence and will that make all human
- The concern and focus is not only with and on the persons equal to each other
scenario of the physical diagnosis but also when a • The physician who looks down on the patient
physical examination is being done in order to come up because he does not have the medical expertise
with a diagnosis as he has is an ethically wrong attitude

PRINCIPLE OF HUMAN DIGNITY What makes the human person really so


- Lies on the roots of Bioethics dignified? His freedom.
- A fundamental principle which should not be
presumed - Human dignity would entail respecting the human
- Hippocrates considered ethical behavior the foremost person in all 3 dimensions of his personhood, in his:
characteristic of a physician
- Human person’s dignity as a core of ethics { BODY }
- In the sense that moral life is basically living out the - Human person must be respected on his body
meaning of the person in relation to oneself, other - Biological bodies are the basis for their human
human persons and other sentient beings consciousness and their personhood
- A human action is morally right or wrong depending - Each human person- absolute unique singularity: body
on how the person has expressed his humanness and spirit
towards the other person - To respect the dignity of man amounts to safeguarding
• It is wrong for a physician to terminate a this identity of the man who is one in body and soul
pregnancy for whatever reason because the - Should be mindful of the language, what he may think
meaning of being a person to the other is to as endearing maybe offensive to the patient
respect the life of the other because that life - Relationship has not been established with the patient
does not belong to him nor does it belong to - Scenes that may be misunderstood by the patient
the pregnant woman during physical examination results to unexpected
- This response therefore is that one gives to human problem
dignity is respect so that respect for the dignity of all - The physician should be extra careful when doing a
persons and each person is the necessary condition for physical examination especially when the sensitive parts
all morally good attitudes and acts of the body are exposed
• Wrong is committed if and when in given - Extra careful means actions does not convey any tint
situations, there is no respect towards other of malice
human persons

FMD | Excelsus 2023


- If private parts are to be examined like genitals and object but as a human person in need of medical
breasts, the physician should use gloves and avoid any expertise
inappropriate action or manner of examination can be - - The patient even if he is sick and no matter how
construed as fondling deforming, is still a human being with intelligence and
- The physical examination procedure can be abused free will
- It can be said that is not only unethical but immoral - Respecting the reason of the patient is respecting his
- The doctor knows deep in his heart when he is abusing opinions, judgments, reflections and deliberations
the physical procedure including fear and anxiety
- The necessary attitude is to be truthful to oneself and - Physician must not manipulate the ideas and thoughts
to the medical profession - As a physician you owe the patient explanations, so he
- EXAMPLES: must make decisions
• Physician does a breast or pelvic examination - It is also the duty of the physician to make the
when this is not indicated necessary correction when there is misconception
• Physician does an appropriate examination of - Use of emergency privilege
the breast or genitals in an erotized manner - Respecting the liberty of the patient is respecting its
• Patients are raped or fondled while awake or decision and choices, although not absolute.
under anesthesia in the operating room or clinic - Limited by other’s rights
- Patient’s freedom must be respected if its exercise
{ SOCIAL NATURE } does not violate or injure the rights of other human
- Human person must be respected in his social nature persons
- Humans are by nature social beings - Physician has the right to withdraw from care if the
- “No man is an island” decisions made by the patient are contrary to his
- Within the context of a society, his rights and personal beliefs and values or those of the institutions
responsibilities are recognized and not only is it upheld where he practices
by natural and civil laws but also those intrinsic in
customs and traditions
- The physician must respect whatever custom or HIPPOCRATES
tradition the patient may have on health and medicine Father of Rational Medicine
including religious beliefs
- Should not discount superstition or practices or - “The ideal physician is primarily concerned with the
judgment that offends personal beliefs patient and not only the disease”
- Treat equally no matter its social or financial status
PRINCIPLE OF FREE AND INFORMED CONSENT
{ REASON AND LIBERTY } - Most significant and expressive way of showing
- Human person must be respected in his reason and respect to the dignity of the patient as a human being is
liberty by respecting his autonomy
- Each has his own perception and understanding of - Through this autonomy is giving free and informed
things consent
- When expressed, either written or spoken, it is the - Consent is necessary to be able to do something on
manifestation of his uniqueness and individuality so him
that there can be as many points of view as there are - No presumption even patient is in the clinic for consult
persons with differences and similarities - ELEMENTS:
- All opinions, thoughts, and ideas of others even if { THRESHOLD }
one's own mind is wrong - Patient's competence (ability to understand the
- One does not force another to accept one’s own diagnosis, treatment or procedure, risks and benefits)
thinking or perception nor does a person manipulate
another to decide or choose something that he is willing { INFORMATION }
to take or make - Disclosure and understanding of the information given
- When the patient enters a physician’s clinic, the doctor (the patient is informed of the diagnosis because he has
looks at the patient as a peso or dollar sign or another the right to know his sickness that afflicts him)
prescription of a particular drug, even not as a sexual

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- The nature and purpose of the treatment and - If a case is important for a conference discussion, care
prognosis should be taken to keep the identity of the patient
- Costs of treatment anonymous
- All information should be truly communicated - Confidentiality is not absolute; it may have to be
- Use of medical terms should be avoided and should dispensed with for the sake of another person’s welfare
not be used • 6 month old baby diagnosed with HIV. It should
not only be the mother who should be informed
{ CONSENT } but also the babysitter if there is one. This is
- Voluntariness and authorization established so the carer (babysitter) can protect
- Patient is not coerced or forced to agree to the herself. It is not right that the mother withhold
treatment information to the carer in fear that once
- Patient is not manipulated nor under the influence of disclosed, might leave her job.
drugs or alcohol - Confidentiality is one of the principles most violated
- Voluntariness presumes that all necessary information - Anyone who is known in the community gets to have
that have to be known have been given to the patient his privacy violated
- Physicians and medical students should be aware not
Application of the principle of informed consent to to violate privacy
physical examination and diagnosis - Upholding dignity and respect to the patient

- Before taking the history, the patient should be told CONCLUSION


that important information relevant of his sickness is to - Not hard rules that curtail freedom of the physician
be asked - These are guidelines that would help physicians in
- Explain to the patient the importance of physical dealing and relating with their patient in the highest
examination and the reason for it possible ethical standards
- Before proceeding to the examination ask for concrete
and actual consent of the patient
- Patient can see honesty, modesty and professionalism
- The presence of a chaperone during physical
examination is reassuring to the patient
- Situations having a chaperone are recommended:
• Patient with history of sexual abuse
• Patient with extreme anxiety and psychiatric
disorder
• Litigious patient
• Patient undergoing pelvic examination
• With a patient who for any reason raises
concerns in the physician

PRINCIPLE OF CONFIDENTIALITY
- Based on the principle of human dignity
- As a creature with a dignity that has its source from
the very nature of the human being, he has rights that
are based on their nature as humans
- The most fundamental of this rights is the right to life
- Since he is a rational being, he also has the right to
privacy, since the human person, even if he is a social
being is not owned by society
- This principle protects any information from being
disclosed for whatever reason
- Whatever information extracted from the medical
history is strictly confidential

FMD | Excelsus 2023

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