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    Ethical Issuesin Health

    Research inDevelopingCountries

    `

    The Place of Clinical

    Bioethics in Health Careand Philosophy

    Dan W. Brock

    Harvard Medical School

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    Introduction

    Place of clinical bioethics in health care

    Why has it been a growth industry?

    Will it continue to be?

    New technology has brought new choices

    Relation of bioethics to philosophywhy doesclinical bioethics need philosophy?

    Often, there is no clear, uncontroversial answer

    about what to do

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    Development of Bioethics

    I Professional Code of Conduct

    Example: May doctors advertise?

    II Public Debate over Clinical Issues

    Example: Who decides when to pull the plug?

    III Structure and Financing of Health Care SystemExample: What is a fair system of health insurance?

    IV Population-level Bioethics

    Example: when are health inequalities unjust?

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    Why Arent the Ethical Views YouAlready Hold Enough?

    The problem of uncertaintywhere youre

    unsure about some ethical issues.

    E.g. terminal sedation

    The problem of disagreementthere is

    sometimes deep disagreement on ethicalissues, e.g. PAS

    Some disagreement is about facts

    But other disagreement is about moral permissibility

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    Justification

    The problem of justificationeven if you know

    what you think, and others agree, how do you

    know your view is justified or correct?

    Empirical judgmentsthe screen is rectangular

    refer to descriptive properties

    Moral judgmentsdestroying embryos is wrong

    wrong seems to have no empirical reference

    So does it only express your attitudeyoure against

    destroying embryos?

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    Ethical Reasoning

    How is it different from matters of taste?

    For example, with taste (I like chocolate, you likevanilla) we think theres nothing more to be saidwe

    just disagree and there is no correct taste

    How are ethical questions different?

    Some imply they arentwisdom of repugnance

    But they areethical judgments/beliefs require

    reasons.

    A Why? is always appropriate.

    Reasons will be general properties of actions, persons, etc.

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    Example of Abortion

    Sallys abortion was wrongWhy?

    Because it is killingbut not all killing iswrong, e.g. bacteria.

    But abortion kills a human being? Fetus is human, but what about humans makes

    killing them wrongspeciesism?

    Consciousness, self-consciousness, rationality,agency, etc?

    But a fetus seems to lack theseso is a fetus a

    person?

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    Abortion cont.

    Even if a person, not all killing of persons is

    wronge.g. self defense when womans life at

    risk

    Does a woman owe the fetus 9 months use of

    her bodye.g. if she took precautions to avoidbecoming pregnant

    Thomsons violinistuse of hypothetical cases

    This is a process of clarifying the reasons for

    your moral judgments

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    Features of Moral Reasoning

    Making the reason for the initial judgment more

    precise

    So it fits the case at hand, but does not have

    unacceptable implications for other cases

    This is a requirement of consistencydoes your

    judgment in this case fit with your judgments in

    other cases?

    E.g. relation between abortion and stem cell research

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    Features of Moral Reasoning--Cont

    Reasoning should be interpersonalideal is to

    consider all reasons for and against your view

    Know from experience, best criticisms often come

    from others

    Goal is judgments hold in good conditions for judging

    and after full consideration of all relevant reasons

    Does this guarantee agreement?

    No, some moral disagreement may be irresolvable

    But, it does clarify precisely what the disagreement is

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    Features of Moral Reasoning--Cont

    Does this guarantee your view is now correct?

    No, if disagreement remains, both parties cannot be correct

    Know may reconsider later on basis of new reflection or

    experience

    Does this make your view justified?

    Yes, it is what you hold after full consideration of all relevantreasons and arguments

    So there is nothing left to consider

    Made in relatively ideal conditions for judging

    Is what youre prepared to judge yourself and others by

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    Features of Moral Reasoning--Cont

    This view is subjectivistimplies your moral

    beliefs justified if they survive this process

    But another could end up with different and

    conflicting beliefs

    Often resolves disagreement, but no guarantee it does

    Fits idea there is often reasonable ethical disagreement

    But not subjective in crude senseyou have your

    views, I have mine, nothing more to be said

    That would make ethics like matters of taste, and ignores

    the reasoning.

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    Features of Moral Reasoning--Cont

    It is not relativismwhat is ethically correct is

    relative to a particular culture, group, individual Relativismaction A is right in group M, wrong in

    group N; standards are relative to the group.

    On relativism Ms say A is right, Ns say A is wrong,

    and each are correct because their views arejudged by their different standards

    So they are not disagreeing

    Relativism is mistaken

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    Features of Moral Reasoning--Cont

    NOTE--giving reasons is the beginning of

    theory construction Reasons can apply to other cases

    For example, right of persons not to be killedApplies to wide range of cases

    Has other featuresrights can be waived, exercised,forfeited, etc

    Rights make person small scale sovereign in area of theright

    Focus on victim of rights violation

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    Features of Moral Reasoning--Cont

    Cf. different duty based account of wrongness of

    killingalways wrong to deliberately take innocenthuman life

    Focuses on duty of agentnot waivable by victim

    Cf. different goal based accountloss of the good of a

    life is bad, minimize this loss of value So, could kill one to save more.

    Application to euthanasia

    Rights, duty, and goal-based views are different very

    general moral theories.

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    How Should Your Hospital Distribute

    Antiviralsin an Avian Flu Pandemic?

    For the past several months, there has been sustained human-to-

    human transmission of a novel strain of avian influenza A withgenetic components of human influenza in several countriesaround the world. Your community was first affected three weeksago, and since then there have been over 500 cases and 50deaths. Oseltamivir phosphate is the only drug that may effectivelyreduce mortality of ill patients and limit infection of exposed

    persons. However, supplies of oseltamivir are limited, andhospitals across the country are independently making decisionsto govern allocation of antivirals within their institutions. In yourcommunity, the four major academic medical centers haverecently established four different protocols regarding prioritizationof access to care:

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    Hospital A

    Recognizing the importance of protecting its

    workforce in order to minimize absenteeismand ensure continuous response capacity,

    Hospital A has decided to use its remaining

    cache of oseltamivir forprophylaxis of staff

    who are exposed while caring for influenza

    patients.

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    Justifications

    Special responsibility to those who ask to take

    extra risksthey deserve extra concern

    Ensuring staff health will maximize their ability

    to care for pts and so maximize health

    outcomes But will prophylaxis of staff actually maximize

    benefits?

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    Hospital B

    In an effort to save its very ill patients, Hospital B has

    decided to reserve its remaining cache of oseltamivirfortreatment of the sickest influenza patients. Thisapproach isconsistent with the usual practices ofproviders at Hospital B, who are accustomed tofocusing primarily on treatment. Hospital B is relying on

    airborne infection isolation and personal protectiveequipment, namely N-95 respirators, gloves, andgowns to protect its staff, and is not using oseltamivirfor prophylaxis.

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    Justification

    Most theories of justice give special priority to

    the worse off.

    E.g. Prioritarianismbenefiting people matters

    more morally the worse off those people are

    But how much health benefits should we beprepared to sacrifice to treat the worst off?

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    Hospital C

    In order to maximize survival rates, Hospital C has

    decided to reserve its remaining cache of oseltamivirfortreatment of the patients most likely to benefit,namely those who present within 48 hours of diseaseonset. As this prioritization plan will result in fasterdepletion of the antivirals, Hospital C is relying on

    airborne infection isolation and personal protectiveequipment, namely N-95 respirators, gloves, andgowns to protect its staff, and is not using oseltamivirfor prophylaxis.

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    Justification

    This may save the most lives possible

    But does this maximize benefits?

    Should it matter how long survivors are likely to

    live?

    Should it matter what their QL is likely to be? Should their social value count? For example, if they

    are scarce health care workers?

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    Hospital D

    Assuming that its cache of oseltamivir will soon

    be depleted regardless of distribution strategy,Hospital D is using the antiviral for

    prophylaxis of exposed staff and treatment

    of all probable and confirmed cases,

    regardless of severity. This is the most

    comprehensive approach, but Hospital D will

    reach limitations most quickly.

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    Justification

    First come/first served among all in need of

    care

    To give all in need of care a fair chance to get what

    they need

    To avoid making other distinctions

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    Hospital E

    Hospital E has decided to give preference to

    younger patients who have been exposed andnot to treat patients over 70

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    Justification

    Patients who die at a younger age will have

    had less of the good of life years than olderpatients.

    Each person deserves a fair chance to live a full

    human life span

    Different conception of fairness than hospital Ds

    Notethis is different than maximizing life

    years gained

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    What does this case show?

    In thinking through how to distribute antivirals

    in a pandemic, one quickly finds oneselfaddressing broader question of justice

    Should we simply seek to maximize benefits? Only

    health benefits, or other benefits such as economic

    benefits as well?

    Do those who put themselves at risk to help others

    deserve special concern to?

    What does fairness require in prioritizing the use of

    antivirals?

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    Conclusion

    My aim has been:

    To briefly illustrate the nature of ethical reasoning

    To show how ethical beliefs can be justified

    To show how you inevitably find yourself dealing

    with issues in ethical theory

    Next lecture will be about different ethical

    theories