Ethical Theories and Approaches Case Study 2022

University
Case Study
Ethical theories and Approaches
Student Credentials
1/21/2020

Law and Ethics 1
Introduction
Healthcare is a complex field, covering various aspects, and this complexity results in
different ethical dilemmas. One of such complexity stems from the clash between autonomy
and paternalism. There is the case of consent of the patients covered in autonomy principles
and the education/experience levels of doctors covered in paternalism principles (Conly,
2013). The ethical dilemma underlining this clash is the question of whether the patient
should be allowed to make choices for their health even when this puts them in danger,
specifically when the doctors are aware of such danger, both based on their knowledge and
experience. In such a case, a doctor is bound to work in favour of the patient, based on the
Hippocratic Oath. However, if they do so, the consent of the patient or the right which the
patient has to deny a treatment owing to the principle of autonomy, is put at risk (Maehle &
Geyer-Kordesch, 2017).
This very clash between autonomy and paternalism is evident in the case study of this
discussion. This case involved a patient who had been admitted for a caesarean operation in
hospital. This situation raises many questions, touching upon the base of ethical dilemma
covered in previous part. Here, the doctors accepted the autonomy of the patient, and yet had
to bear the consequences of this decision. This discussion focuses on analysing the case
study, based on the varied ethical principles present in healthcare field, including a discussion
on autonomy, beneficence, non - maleficence and justice (Kirchhoffer & Richards, 2019).
In order to understand the below mentioned data, one needs to understand what is ethical
dilemma and how it affects the decision making of individuals while dealing with crucial
situations. An ethical dilemma is a kind of a paradox where there are two moral
circumstances which are both a possible way to deal with the situation in question. There is
no certain way or specific manner to deal with these kinds of situations (Macklin, 2019).

Law and Ethics 2
The situation becomes complex or harder to deal with when following one way with in any
way impact as a negative thing over the other. These kind of conflicting scenarios are a
common sight in moral philosophy and inflict upon how one channelizes their morals. This is
widely known as ethical paradoxes. These kinds of dilemmas generally are used in order to
prove any kind of moral code or even an ethical thinking in circumstances as such or also in
cases where such other or similar paradoxes are there and to resolve them as well (Naeem,
2019).
Autonomy
Autonomy in general relates to three major things, individual responsibility, consent and the
person without the capacity to consent. These things are covered under the UDBHR of
UNESCO under the articles 5, 6 and 7 (Rippel et al., 2016). The principle behind
autonomy is taking a step towards the benefit of oneself. It plays a vital role in regards with
bioethics. Wherever autonomy is concerned or studied, there are various clashes as to what
constitutes autonomy. According to a few, two major conditions are necessary which
includes: the status as a specialist and the freedom as well. In relation with the freedom
regarding the choice, there needs to be an absence of any kind of controlling or coercive
aspect which influences the other to take a certain decision out of their will (Dauber, 2020).
To explain it further, in a medical or clinical context, medical professionals should not in any
way try to influence the decision making of another individual or the patient in this case. By
the consent, one specifically agrees to the knowing what procedure or treatment is going to be
provided to that particular patient or individual in question (Griffith, 2016).
Ethics in itself is a criterion that needs to be rendered to in certain scenarios (Feldman et
al., 2018). Dilemmas such as, the one where a person has to take a certain decisions so as to
ensure the wellness of the other or to take care of the best interest of the person in question

Law and Ethics 3
are generally pursued after the analysis regarding the circumstance is made (Nakazawa et
al., 2016). This analysis is done on the basis of some ethical theories and approaches. These
help in the proper decision –making in crucial circumstances (Wilkinson & Savulescu,
2018).
It is a fact that consent is necessary and similarly is a human right to be heard and be able to
take decision that is not forced in any manner very important. However, they can be
considered only to an extent (JPAC, 2014). The physicians in general and the medical
practitioners are in many ways ethically as well as legally responsible for their patients
(Sacks & Koppe, 2019). (City Hospital, 2020). (Albuquerque & Garrafa, 2016).
In the above mentioned situation, ethical thing here would be to tell the husband as well as
the wife who was going to face the treatment that what will be repercussions regarding the
non – treatment. As soon as the doctor or the medical practitioner found out about the critical
situation, the ethical thing to be done here was to discuss the whole scenario in detail with the
couple. Though the autonomy was in the hands of the wife here and the death could have
been prevented by providing apt treatment then and there.
Consent
Consent plays a very important role in every case. Specifically in the cases, that in some or
the other manner relate to the medical profession it plays the role of a life saver as well as
provides the assistance to the medical professionals as in how the patient wants things to be
done (Heywood & Macaskill, 2010). Though in most of the cases, the medical
practitioners have to work along the lines of instructions of the patient or their family, but in
certain cases, it can be forced upon to the patient as well (Murgic et al., 2015).