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11 - Families and genetic testing: the case of Jane and Phyllis from a four-principles perspective

Published online by Cambridge University Press:  01 September 2009

Raanan Gillon
Affiliation:
Professor Imperial College, London
Richard Ashcroft
Affiliation:
Imperial College of Science, Technology and Medicine, London
Anneke Lucassen
Affiliation:
University of Southampton
Michael Parker
Affiliation:
University of Oxford
Marian Verkerk
Affiliation:
Rijksuniversiteit Groningen, The Netherlands
Guy Widdershoven
Affiliation:
Universiteit Maastricht, Netherlands
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Summary

The four-principles approach does not purport to resolve moral dilemmas!

The four-principles approach in bioethics (beneficence, non-maleficence, respect for autonomy and justice, in case any reader does not already know them – see Beauchamp and Childress 2001 and, for example, Gillon 1994) does not purport to solve moral dilemmas resulting from conflict between the principles and thus it has no canonical response to the moral dilemma(s) presented in the case of Jane and Phyllis. While there are several obvious moral issues raised in this case, and a large variety of others that could reasonably be extracted from it, the main moral dilemma is easy enough to specify. One limb argues reasonably that the confidentiality of Phyllis's medical record should be breached in the interests of providing potential medical benefit to Jane and possibly her daughters – this horn of the dilemma pricks morally because it breaches the moral norm of medical confidentiality. The other limb of the moral dilemma argues reasonably that the strong (even though not absolute) moral norm of respecting medical confidences should be honoured and Phyllis's medical information should therefore not, without her consent, be passed on to Jane – this horn pricks morally because Jane's health, and possibly that of her daughters, may unnecessarily and possibly severely be harmed as a result of the doctors not breaching medical confidentiality.

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Publisher: Cambridge University Press
Print publication year: 2005

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References

Beauchamp, T. and Childress, J. (2001). Principles of Biomedical Ethics, 5th edn. Oxford: Oxford University Press.Google Scholar
British Medical Association., (1998). Human Genetics: Choice and Responsibility. Oxford: Oxford University Press.
Convention for the Protection of Human Rights and Fundamental Freedoms. http://conventions.coe.int/treaty/en/Treatises/html/005.htm
General Medical Council., (2000). Guidance on Confidentiality. London: GMC. (Also available on GMC website www.gmc-uk.org)
Gillon, R., (1985). Philosophical Medical Ethics. Chichester: Wiley, 106–12.Google ScholarPubMed
Gillon, R. (1994). Medical ethics: four principles plus attention to scope. BMJ, 309, 184–8.CrossRefGoogle ScholarPubMed
Gillon, R. (1998). Confidentiality. In Kuhse, H. and Singer, P., eds., A Companion to Bioethics. Oxford: Blackwell, 425–31.Google Scholar
Hare, R. M., (1985). Moral Thinking. Oxford: Oxford University Press.Google Scholar
Universal Declaration of Human Rights. (1948). http://www.un.org/Overview/rights.html

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