Whose Autonomy is More Important?
In the case of Charlie Gard, an infant diagnosed with infantile-onset encephalomyopathy mitochondrial DNA depletion syndrome (MDDS), there are several moral problems that come into play when talking about what should or should not have been done to treat him. In this paper, I am going to discuss the moral problem of the case and argue why the court systems made the morally correct decision to stop Charlie's treatment after treatment became futile.
The underlying issue, in this case, is what Charlie’s parents wanted and what was in the best interests of Charlie. We have an issue of autonomy, or “a person’s rational capacity for self-governance” (Vaughn, 2017, p. 81), for both the parents and child. Charlie’s parents wanted to try every possible treatment even though, at a certain point, continuing to treat Charlie would no longer do anything for him. This involves several moral values, including the responsibility of the parents to make decisions about their child’s treatment and the responsibility of the doctors to do what is best for Charlie. Charlie’s MDDS is incurable, and at the time of his diagnosis, there were no approved treatments for the disorder. He was getting progressively worse and was being kept alive by the use of a ventilator after suffering from a seizure that caused brain damage. At this point, the hospital deemed Charlie’s treatment to be futile and they decided to stop his treatment. Their decision to stop treatment was
Mr. Revis continues to be in transition to move into the independent living home. I spoke at length with Stacy the Rainbow rehab case manager on 3/30/18. Mr. Revis continues to have inappropriate sexual contact with fellow patients. He is not picking up on cues to stop unwanted advances. He has been at work using his phone to text and sends pictures. Staff continues to work with him regarding this behavior. He also has a court date on 4/5/18 to explore his guardianship.
The decision of the Supreme Court could be considered ethically right. It was right to revoke the physicians’ decision, as it wasn’t in agreement with what the Canadian Health Care Consent act (HCCA) section 26 stipulates “A health practitioner shall not administer a treatment under section 25 if he has reasonable grounds to believe that the person, while capable and after attaining 16 years of age, expressed a wish applicable to the circumstances to refuse consent to the treatment.”3 Also, in medical ethics, it is the obligation of health care providers to allow the patients to make their own medical decisions. They should have autonomy in their decision making, that’s if they completely comprehend all the medical diagnosis, prognosis and all outcome of treatment options4. Starson had a full understanding of his options, he was fully
The Superior Court of Los Angeles County became a pivotal case in a patient’s right to refuse treatment. In the initial case Ms. Bouvia and her legal team sought a court order to have the NGT removed and to stop all medical treatments she did not consent to. She argued that this treatment would not be a cure for her condition and would not improve her quality of life. The hospital staff argued the interest of the state prevailed over a patient’s right to refuse treatment. They noted that the state and healthcare teams viable interests include: “(1) preserving life, (2) preventing suicide, (3) protecting innocent third parties, and (4) maintaining the ethical standards of the medical profession, including supporting the right of physicians to effectively render necessary and appropriate medical services” (Liang & Lin, 2005). Additionally they sighted Ms. Bouvia’s failed previous attempt to “starve herself to death” in 1983 with the assistance of her medical team. The court denied her request citing these key interests and the fact that medical professionals felt that Ms. Bouvia could live 15-20 additional years with supplemental nutrition justified the state’s interest in preserving her life. The court also stated that any other decision would be condoning a medical team to aid and abet suicide.
This Rights model, more specifically Ashley’s human rights is very present in the article. It could be argued that she doesn’t need or require the treatment to medically improve her life. The Equal and Human Rights Commission (2008) suggest that human rights are the freedoms that we are all entitled to as a result of our shared humanity. I understand that she is unable to speak and is unlikely to have the mental capacity to make that decision but does that automatically transfer that decision to her parents? The United Nations Convention on the Rights for a Child (1989) plays an important part of the Rights model for this text as I feel it both supports and opposes the parent’s actions. Article 23 concentrates on children’s disability by stating that ‘Children who have any kind of disability have the right to special care and support, as well as all the rights in the Convention, so that they can live full and independent lives.’ This could support Ashley’s parent’s’ motives. However, Article 3 states ‘The best interests of children must be the primary concern in making decisions that may affect them. All adults should do what is best for children. When adults make decisions, they should think about how their decisions will affect children.’ In this case are the parents doing what’s best for Ashley or themselves? This is a good example where the Rights model can get itself in a twist!
In terms of the intensity and duration, the disease is life-long and is accompanied by increasing emotional and physical pain. Most of this pain is derived from slowly loosing major bodily functions like walking, speaking, eating, blinking, and even breathing (Canadian medical journal: http://www.cmaj.ca) The extent of those affected include himself and his family members who are most likely suffering emotionally as well. The degree of pain and the extent to which this pain affects others is greater than the pleasure that could be derived from allowing the disease to progress further in answering no to Rob’s request. Thus, under utilitarian principles, the doctor should uphold Rob’s request for physician-assisted death.
A moral justification for genetic treatment is only as accurate as the justification of disease. In the realms of objective science and the use of genetic testing, Kitcher argues that the basis for terminating a pregnancy due to a severe syndrome can also lead to the basis for termination due to an undesired sex or possibly even homosexuality. Ultimately, Kitcher supports only a minimalist approach to the use of
This essay will introduce the details of phenylketonuria and Huntington’s disease. Using these facts, the difference in screening policy between the diseases will be morally justified. The arguments will relate to the desire for informed autonomy, the differing prognoses for the diseases, and the avoidance of moral conflict. Then, using a test case, arguments will be made for circumstances in which one would be morally obligated under the principles of beneficence and justice to be tested for Huntington’s disease. Criticisms for that stance will be noted using the principle of nonmaleficence and rebutted with further arguments for beneficence. Overall, the essay will demonstrate that while Huntington’s disease screening is justifiably not legally required, unlike mandatory PKU screening, testing for Huntington’s disease can be a moral obligation.
Attachment Theory Summary According to Birkenmaier, Berg-Weger, and Dewees (2014), Attachment Theory (A.T.) was proposed by John Bowlby who hypothesized that children and caregivers bond excessively during the primary months of a child’s life. (p.108) Birkenmaier, Berg-Weger, and Dewees further claims that the bonding or lack of bonding critically impacts the person's ability to attach and make meaningful relationships throughout life (p. 109). Furthermore, Bowlby asserts “children who form an attachment to an adult that is, an enduring and socio-emotional relationship are more likely to survive” (Kirst-Ashman and Zastrow, p. 147). Therefore, if a child’s attachment process is interrupted it can cause issues
We came to this decision because we felt that if a few professional psychiatrist can render him mentally competent than he should be allowed to make his own decisions because it is moral. This is moral because people should be allowed to do what they want with their body, and as Cowart says it is, “the right to control your own body is a right you’re born with…” (Cowart 2). However, this is refuted when that person cannot make rational decisions because that person would be mentally incompetent. People that are mentally incompetent are incapable of making decisions that are in their best interest. We also discussed his mother and how all she cared about is for him to receive treatment which we thought was a bit selfish. This is a typical parental perspective considering that parents do not want to outlive their children. However, she should have sought out what was best for him and what he was going to be happy with and not her. As a group we also felt that he should have received better pain treatment especially since Cowart found out later that they could have done more for his treatment. If someone is in as much pain as he was and when a doctor is confronted with the request to die, that doctor should be doing everything he or she can to bring down the pain.
A physician must understand that when it comes to deciding to withhold or withdraw life sustaining treatment it is ultimately the patient’s decision unless the patient is not competent enough to make this choice. I believe that a person can lose their life at any point. Death is certain and no one can run from it. In my opinion, a patient’s autonomy is of utmost importance anytime during healthcare however the physician can name some recommendations of what would be the best option for the patient. When it comes to patients they deserve to be treated with respect and ultimately be treated as an end not as a means to an end.
Ethics, in our society, are the moral principles that govern our behavior, dictating what is right from wrong. The specifics of ethics changes as values in our society change and evolve. This occurs in Rebecca Skloots book, The Immortal Life of Henrietta Lacks. One major reoccurring theme in the book is the lack of informed consent and autonomy. Fortunately, now there are safeguards which protect human rights in regard to health care and research. The Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, now part of the Department of Health and Human Services, created The Belmont Report, which is one such safeguard establishing principles for all human research (USDHHS, 1979). This paper will discuss the ethical issue of informed consent within The Immortal Life of Henrietta Lacks, the disregard to parts of the Belmont Report, as well as compare the role of the nurse in charge of Henrietta’s care versus the standards of care set for modern nurses.
What would you do if you were caring for a child whose condition would eventually kill them, but the parents wanted you to try every treatment? In the article “When Living Is a Fate Worse Than Death” by Christine Mitchell, the main point consists of this very question. The choice that hospital staff sometimes must make between keeping a child alive knowing that their condition will eventually take over or trying every procedure in an attempt to keep them alive. I believe that Mitchell does a great job in stating her claim favoring the side that a child with an illness that would, in time, take their life should be allowed to die peacefully rather than enduring painful procedures and bouncing between home and hospitals.
The advancement of medical technology has made it possible to detect medical abnormalities while a child is still a fetus and can create difficult choices for parents to make if severe anomalies are discovered. There are many theories regarding the moral status of the fetus that can be applied when deciding how to proceed if these abnormalities are detected. In the fetal abnormality case study, Jessica, Marco, Maria, and Dr. Wilson each have varying opinions on what course of action to take based on these different theories of moral status.
When a patient is unable to make decisions for himself or herself, their caregivers and those who know them are appointed to make the decisions based on what the patient would have wanted. This is called surrogate decision making. According to the article Terri Schiavo and End-of-Life Decisions “when surrogate decision makers and caregivers cannot agree upon what that choice would have been, they may turn to the courts to determine either what the now-incapacitated patient would have chosen or who is best suited to choose as the patient would have” (Mathes, 2005)
1) Patients have the right to make their own informed decisions about if and how they die. When a chronically ill patient decides life is no longer worth living because of the insurmountable pain they are in, who are we to tell them differently? There are cases where attempts to cure are doing more harm than good, not only mentally and physically to the patient, but emotionally to his family and loved ones as well.