Law and Ethics in Healthcare: A Case Study on Orphan Children with Speech Disorder

Running head: HEALTHCARE
Law and ethics
Name of the Student
Name of the University
Author Note

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Introduction- Law and ethics in health and social care refer to a system that comprises of
moral principles that have the primary objective of applying beliefs and values to the practice of
medicine and scientific research (Hall et al. 2018). These values generally include demonstrating
respect for patient autonomy, justice, nonmaleficence and beneficence (Gillon 2015). It has often
been stated that the aforementioned four values are typically not ranked in order of their
relevance or importance, and they all focus on the sole objective of enhancing health outcomes
for patients. However, healthcare professionals have to encounter conflict that require them to
follow hierarchy in this ethical system, such that presence of certain moral elements claim
superiority over others, with the aim of implementing best judgment to a complicated and
problematic clinical situation. According to Hulkower (2016) earliest records focus on the
Hippocratic Oath that contains discussion on the basic principles for all medical professionals
and dates back to fifth century BC. Two other prominent codes of conduct are the Nuremberg
Code formulated in 1947 and the Declaration of Helsinki framed in 1964 that have significantly
contributed to medical ethics (Merz 2018). Recent investigations have also led to the
development of other principles and rules that target particular medical interventions like gene
editing, and also raise important questions on their implication for future generations (). This
essay will elaborate on a case study that involved orphan children suffering from a speech
disorder, and will highlight the ethical and legal perspectives related to the case.
Case study- All midwives and registered nurses are expected to follow a set of
regulations that are found in the Code of Conduct published in 2015 (NMC 2015). There also
exists a segment on duty of confidentiality in the UK law, which elaborates on the fact that it is
unfair to disclose confidential information that comes to the knowledge of an individual (UK
Data Service 2019). Therefore taking into consideration the rules put forth in the aforementioned

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legislation, the name of the persons involved in the case study that is intended to be discussed
will not be revealed, since nurses or midwives owe a duty of confidentiality towards all people
who are receiving care. The case scenario that will be discussed was conducted during the late
1930 and will be referred to as the ‘M study’. A graduate student at University along with her
faculty advisor who was a speech expert had set out with the aim of proving that it by creating a
negative reinforcement the behaviour of stuttering could be taught to people. They conducted
the study over a period of four months, where they recruited orphan children and told the latter
that they would be subjected to speech therapy (Algahtani, Bajunaid and Shirah 2018). The
researchers suggested to the study subjects that they would be able to speak in a better manner
than their present circumstance, after undergoing the speech therapy, and should not pay
attention to opinions and views of others in relation to their speaking capability.
The children were also suggested that unquestionably the people surrounding them did
not realise that their difficulty in speaking is only a passing phase. However, the researchers did
not disclose the actual purpose of the experiment to the children, where approximately half of the
recruited study subjects were stutterers, and they were did not subjected to any kind of speech
therapy. The researchers split the children in different groups, where negative feedback was
provided to half, and positive feedback to the other half of the stutterers. In addition, half of the
children who had been recruited to the non- stutterer group were repeatedly suggested that they
were stuttering and were criticized. They were told that the researchers had reached the
conclusion that those children faced a great deal of difficulty with their speech, and started
manifesting symptoms of people who are about to stutter. The children were also asked to stop
themselves immediately by using their willpower or any other means, to refrain from stuttering.
Those children were also recommended not to speak ever, except they could do it in a proper

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manner. In contrast, their non- stutterer counterparts were praised (Algahtani, Bajunaid and
Shirah 2018).
The experiment resulted in dramatic results where five of the six orphan children who
were normal began to demonstrate stuttering behaviour, after being subjected to the negative
reinforcement. In addition, three children reported worsening of their conditions who had already
exhibited stuttering symptoms, prior to exposure to any kind of therapy. Furthermore, the
children started manifesting marked alteration in their behaviour, adopted self-conscious
attitudes that are associated with stuttering, and also started exhibiting poor self-esteem and low
self-confidence. The researchers soon realised the negative impact of their clinical trial and tried
to undo the negative consequences, however, the impacts of labelling the orphaned children as
stutterers was found to be prolonged and permanent. The results of the experiments were not
disclosed and disseminated to the public, lest the reputation of the researchers would get
tarnished (Algahtani, Bajunaid and Shirah 2018). However, the clinical trial became international
news in the wake of a sequence of articles that had been published by an investigative reporter
much later. Nonetheless, people who supported the clinical trial elaborated on the fact that the
researchers had best intentions, since they were highly motivated to provide assistance to
stutterers, regardless of their age or gender. Taking into consideration the fact that the faculty
himself was a severe stutterer, several supporters of this clinical trial emphasize on the piece of
information that the findings of this experiment supported the researcher’s theory, and
significantly contributed to successful and novel approaches for providing treatment to children
who have stutters.
Ethical and legal issues associated with this study- Back during the early 1930s, it was
commonly accepted by scientists across the globe that stuttering is an organic and genetic cause.