Medical Ethics Principles

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Medical Ethics Principles - Guiding Lights

Core tenets guiding medical practice. 📌 Mnemonic: Be A Nice Jellyfish (Beneficence, Autonomy, Non-maleficence, Justice).

PrincipleBrief Explanation
AutonomyPatient's right to self-determination, informed consent.
BeneficenceAct in the patient's best interest; do good.
Non-maleficence"Primum non nocere"; do no harm.
JusticeFair distribution of healthcare resources; equity.

Medical Ethics Principles - Patient's Power Play

  • Autonomy: Patient's right to self-determination.
  • Valid Consent Elements (📌 CIViC):
    • Capacity: Understand, retain, weigh info, communicate choice. Age: 18 years (India - Indian Majority Act, 1875). However, 'mature minor' concept increasingly recognized for medical decisions with sufficient understanding.
    • Information: Diagnosis, procedure, risks, benefits, alternatives (PDRBA).
    • Voluntariness: Free from coercion, undue influence.
  • Types:
    • Implied: By action (e.g., extending arm for injection).
    • Expressed: Oral or written (essential for major procedures).
    • Surrogate/Proxy: If patient lacks capacity (e.g., minor).
  • Exceptions:
    • Emergency: Life-saving; consent implied.
    • Therapeutic Privilege: Very narrow exception - only if reasonable justification exists or patient waives information right.
    • Waiver: Patient knowingly refuses information.
    • Legal Mandate: Court order, notifiable disease.

⭐ Minors (<18 yrs): parental/guardian consent with detailed protocols for surrogate consent. Unconscious adults (emergency): treat to save life/limb following modern consent guidelines and 'best interest' principles.

Medical Ethics Principles - Secrets & Candor

  • Professional Secrecy (Confidentiality): Obligation to not disclose patient information shared in trust. Foundation of doctor-patient relationship.
  • Privileged Communication: Legal protection against compelled disclosure of patient information in court.
    • Absolute Privilege: Complete protection (e.g., communication between spouses, lawyer-client). Not typically granted to doctors in India.
    • Qualified Privilege: Protection if communication made in good faith, without malice, and to protect an interest (e.g., doctor to another doctor for patient care).
  • Exceptions to Confidentiality (Disclosure Permitted/Required):
    • Patient consent (express or implied).
    • Court order (subpoena).
    • Notifiable diseases (e.g., TB, cholera, plague, dengue, chikungunya, COVID-19, viral hepatitis as per current official guidelines).
    • Danger to self (suicidal intent) or others (homicidal intent, child/elder abuse).
    • Public interest (e.g., infectious disease threats, impaired drivers, individuals posing direct public safety risks).
    • Medical research (anonymized data).
    • Medical audit.

⭐ Section 131 of the Bharatiya Sakshya Adhiniyam, 2023, deals with privileged communications between a legal advisor and client, which has implications for how medical records might be treated if part of legal counsel, though direct doctor-patient privilege is limited under this act specifically for doctors themselves without a court order or other legal mandate for disclosure or protection based on context (e.g. mental health acts).

Medical Ethics Principles - Duty & Damage

  • Medical Negligence (4 D's) 📌 Mnemonic: "Doctors Definitely Deserve Defense"
    • Duty: Doctor's obligation to care.
    • Dereliction/Breach: Failure in standard of care.
    • Direct Causation: Breach directly caused harm.
    • Damages: Patient suffered actual harm.
  • Types of Negligence:
    • Civil: Compensation sought (tort).
    • Criminal: Gross negligence, reckless disregard (Sec 304A IPC).
  • Res Ipsa Loquitur: "The thing speaks for itself." Negligence is obvious (e.g., wrong-site surgery, retained foreign object).
  • Contributory Negligence: Patient's own actions contributed to harm; may reduce doctor's liability.

⭐ The Bolam Test (UK: peer-accepted practice) was refined in India by Jacob Mathew vs. State of Punjab (2005): for criminal liability, negligence must be "gross" or "reckless."

High‑Yield Points - ⚡ Biggest Takeaways

  • Autonomy: Uphold patient's right to choose; informed consent is key.
  • Beneficence: Always act in the patient's best medical interest.
  • Non-maleficence: "Primum non nocere" - do no harm to the patient.
  • Justice: Ensure fair and equitable distribution of care and resources.
  • Confidentiality: Protect patient information; exceptions exist (e.g., notifiable diseases, court order).
  • Veracity: Be truthful and honest in all patient communications.
  • Professionalism: Maintain ethical conduct and accountability in practice.

Practice Questions: Medical Ethics Principles

Test your understanding with these related questions

Which legal doctrine allows inference of negligence from the circumstances of an incident when the event would not normally occur without negligence?

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Flashcards: Medical Ethics Principles

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Declaration of _____: Related to rights of the patients like right to information, confidentiality, dignity, freedom of choice etc.

TAP TO REVEAL ANSWER

Declaration of _____: Related to rights of the patients like right to information, confidentiality, dignity, freedom of choice etc.

Lisbon

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