Posted: September 20th, 2022

annotated bibliography Wk 2 HSCI Journal

 

Creating an annotated bibliography calls for the application of a variety of intellectual skills: concise exposition, succinct analysis, and informed library research.

  1. First, choose an ethical dilemma topic (from Chapter 2 of the textbook). This is to be the same topic that will be used for the Week 4 Ethical Reasoning Paper.   
  2. Next locate books, periodicals, and journal articles that may contain useful information and ideas on your ethical dilemma topic.
  3. Briefly examine and review each item.
  4. Choose a minimum of ten credible, scholarly publications that provide a variety of perspectives on your topic to use in this annotated bibliography assignment.  
  5. Cite each of the ten using APA style making sure to include an APA formatted cover page too.
  6. Under each citation, write a concise annotation (approximately 150 words per citation) that summarizes the central theme and scope of the book, periodical, or article.
  7. Include a minimum of one to two sentences to address each of the following: (a) evaluate the authority or background of the author, (b) comment on the intended audience, (c) compare or contrast this work with another you have cited, (d) critically evaluate how this work informs your bibliography topic.
  8. Make sure to review the grading rubric (linked within the Deliverables table) for more detailed information before starting to work on this assignment. 

  • Chapter 2
  • Contemporary

  • Ethical Dilemmas
  • No right is held more sacred, or is more carefully
    guarded, by the common law, than the right of
    every individual to the possession and control of
    his own person, free from all restraint or
    interference of others, unless by clear and
    unquestioned authority of law.

    —Union Pac. Ry. Co. v. Botsford

  • Learning Objectives (1 of 2)
  • • Describe various historical events that have had
    an impact on the resolution of ethical dilemmas.

    • Describe common ethical dilemmas and the
    various ethical issues that have in many
    instances divided many segments of the
    population. Topics include:

  • Abortion
  • Sterilization
  • – Artificial insemination

  • Learning Objectives (2 of 2)
  • • Topics include:

  • Surrogacy
  • – Organ donations
    – Research, experimentation, and clinical

    trials
    – Human genetics
    – Stem cell research

  • AIDS
  • Ethical Dilemmas

    • Ethical dilemmas arise in situations where a
    choice must be made between unpleasant
    alternatives.

    • Occur when a choice involves giving up
    something good and suffering some bad.
    – Should I choose life knowing an unborn child

    will be born with severe disabilities?

  • Noteworthy Historical Events (1 of 11)
  • 58,000–68,000 BC: Neanderthal burial sites
    (evidence of belief in an afterlife)

    1932–1972: Tuskegee Study of Syphilis

    1933–1945: Holocaust

    1946: Military Tribunal for War Crimes

    1949: International Code of Medical Ethics

    1954: Guidelines on Human Experimentation

    First kidney transplant

  • Noteworthy Historical Events (2 of 11)
  • 1960s: Cardiopulmonary resuscitation

    1964: WHO guidelines for biomedical research

    1968: Harvard Ad Hoc Committee on Brain Death

    1970: Patient as a Person

    1971: Kennedy Institute of Ethics established

    1972: Informed consent (Canterbury v. Spence)

    1973: Women’s right to abortion (Roe v. Wade)

  • Noteworthy Historical Events (4 of 11)
  • 1974: National Research Act

    1975: First successful cloning of frogs

    1976: Substitute judgment (Karen Ann Quinlan)

    First living will legislation enacted

    1978: Commission for the Study of Ethical

    Problems in Medicine

  • Noteworthy Historical Events (5 of 11)
  • 1980: Hemlock Society formed to advocate for
    physician-assisted dying.

    1983: First durable power of attorney legislation

    Compassion and Choices

    1987: Unethical experiments on children

  • Noteworthy Historical Events (6 of 11)
  • 1990: Patient Self-Determination Act
    Cruzan could have feeding tube removed
    Kevorkian assists terminally ill patients in

    suicide
    Timothy Quill and prescription for death

    Derek Humphry’s book Final Exit
    Radiation experiments on unknowing

    human
    subjects

  • Noteworthy Historical Events (7 of 11)
  • 1993: Patient’s wishes honored
    1994: Oregon’s Death with Dignity Act

    Michigan makes physician-assisted suicide
    illegal

    1996: HIPAA

    Cloning of Dolly

    Fourteenth Amendment and the terminally ill

  • Noteworthy Historical Events (8 of 11)
  • 1997: Physician-assisted suicide

    Kevorkian charged with murder

    Supreme Ct. rules states may enact

    assisted suicide laws
    1998: Oregon voters reaffirm Death with Dignity

    Act
    Kevorkian administers lethal injection

    Michigan voters ban physician-assisted
    suicide

  • Noteworthy Historical Events (9 of 11)
  • 1999: Kevorkian convicted of second-degree
    murder
    Oregon has 23 assisted-suicide deaths

    2000: Seven myths about end-of life care
    2001: President’s Council on Bioethics created

    Oregon Assisted Suicided Act challenged
    District Court judge upholds Oregon Death

    with Dignity Act
    Oregon assisted suicides: 129 since 1991

  • Noteworthy Historical Events (10 of 11)
  • 2002: Attorney General appeals District Ct. ruling

    2003: Human gnome system fully sequence

    Oregon assisted suicide cases: 42

    2004: Death with Dignity Act upheld

    2005: Hospital allowed to remove life support

    2006: Court upholds Death with Dignity Act

    Court blocks Bush attempt to punish doctors

    Morning after pill

  • Noteworthy Historical Events (11 of 11)
  • 2009: Right to know end-of-life options

    2010: California legislation to build organ registry

    2013: Info and referral service for kidney donors

    2018: Seven states have death with dignity acts

    One state death with dignity by court order

    Abortion

    The termination of pregnancy by the removal or
    expulsion from the uterus of a fetus or embryo
    before it is viable.

  • Abortion: Ethical and Legal Issues (1 of 6)
  • • Rights of the woman
    – Autonomy

    • Rights of the fetus
    • Rights of the spouse
    • Rights of the state

    – Protecting life

  • Abortion: Ethical and Legal Issues (2 of 6)
  • • When does life begin?
    • Who decides?
    • Who protects the unborn fetus?
    • What are the rights of the child or woman who

    has been raped?
    • What are the rights of the spouse?

  • Abortion: Ethical and Legal Issues (3 of 6)
  • • Should the principles of autonomy and right to
    self-determination prevail?

    • Should an abortion be considered murder?
    – Is preventing a birth that might have otherwise

    occurred a form of killing?
    • What are the religious implications?

  • Abortion: Ethical and Legal Issues (4 of 6)
  • • Is an abortion for mere convenience morally
    wrong?

    • Should a child or woman who has been raped
    have a right to abortion?

    • What role should education play in the woman’s
    decision to undergo an abortion?

  • Abortion: Ethical and Legal Issues (5 of 6)
  • • What alternatives should the woman be
    educated about (e.g., the choice of adoption)
    before undergoing an abortion?

    • At what age should the decision to abort be that
    of the mother?

    • Should the feelings of guilt that may accompany
    an abortion and how those feelings may haunt
    the mother through the years be explained?

  • Abortion: Ethical and Legal Issues (6 of 6)
  • • Should the feelings that might occur after giving
    birth be explained to the victim of a rape (e.g.,
    anger and resentment)?

    • When does control over one’s body begin, and
    when does it end?

    Abortion

    U.S. Supreme Court Decisions

    Woman’s Right to Privacy
    Roe v. Wade (1973)

    • Right to abortion
    • Recognition of state role in protecting the unborn

    – First trimester: Abortion decision between
    woman and physician.

    – Second trimester: State may reasonably
    regulate abortion procedure.

    – Third trimester: State may prohibit all
    abortions except those deemed

    necessary

    to
    protect maternal life or health.

  • Abortion Restrictions Struck Down
  • • Abortion committee review
    • Abortion counseling
    • Undue burden rule

  • Abortion: Funding Issues
  • – Denial of financial assistance for elective
    abortions.

    – Funding not required for therapeutic
    abortions.

    – Funding bans unconstitutional in California.
    – Funding discrimination prohibited in Arizona.
    – Refusal to fund abortion counseling not

    unconstitutional.

  • Abortion: Spousal Consent
  • • Interest insufficient
    – Poe v. Gerstein (1975)
    – Florida’s Therapeutic Abortion Act
    – Husband’s consent not necessary for abortion

    • Husband’s required consent unconstitutional
    – Doe v. Zimmerman (1975)
    – Written consent of husband for abortion not

    necessary

  • Abortion: Parental Consent
  • • Competent persons under 18 years
    • Incompetent persons
    • Parental notification permitted
    • Emancipated minor
    • Parental notification not required

  • Abortion: Informed Consent
  • • The Fifth U.S. Circuit Court of Appeals
    determined that a Texas law requiring a
    pregnant mother to undergo an ultrasound prior
    abortion is constitutional. Although a pregnant
    woman cannot be compelled to view the
    ultrasound image, the physician is required to
    describe what the image shows.

    States May Protect Fetus
    Colautti v. Franklin (1979)

    • States may seek to protect a fetus that a
    physician has determined could survive outside
    the womb.

    Abortion Rights Narrowed: Webster v.
    Reproductive Health Services (1989)

    • Missouri statute upheld:
    – Public employees and public facilities may not

    be used in performing or assisting in abortions
    unnecessary to save the mother’s life.

    – Physicians should conduct viability tests
    before performing an abortion.

    Partial Birth Abortion: Women’s Med.
    Prof. Corp. v. Voinovich (1998)

    • Court denied certiorari for first partial birth case
    to reach federal appellate courts.

    • 6th Circuit Court of Appeals held statute banning
    any use of D&X procedure unconstitutionally
    vague.

    Partial Birth Abortion Ban Struck Down:

    Stenberg v. Carhart (2000)

    • Supreme Court struck down Nebraska ban on
    “partial birth abortion.”

    • Supreme Court found it an unconstitutional
    violation of Roe v. Wade.

    Partial Birth Abortion Ban
    Unconstitutional

    • National Abortion Fed’n v. Gonzages
    – Partial-Birth Abortion Ban Act was found

    unconstitutional because it lacked any
    exception to preserve the health of the
    mother, where such exception was
    constitutionally required.

    Texas Restrictions on Women’s Rights
    Violated U.S. Constitution

    • Supreme Court reviewed Texas Ambulatory
    Surgery Center requirements and found two
    provisions violated the Constitution:
    – A physician must have admitting privileges at

    a hospital that is located no further than 30
    miles from where the abortion is performed.

    – Minimum standards for an abortion facility
    must be equivalent to the minimum
    standards adopted under for ambulatory
    surgical centers.

  • State Abortion Statutes: South Carolina
  • • 24-hour waiting period not burdensome.
    • Abortions after 20 weeks prohibited.

    – Exception if the mother’s life is in jeopardy.
    – No exceptions for rape or incest.
    – Physicians who perform illegal abortions can

    face a $10,000 fine and up to 3 years in
    prison.

  • Abortion: Law and Morality
  • • The obligation of society is to define the liberties
    of all and not to mandate one’s own moral code.

    • The courthouse is not the proper forum to
    address abortion issues that have no legal
    foundation.

    • Conflicting beliefs.
    • Matters of philosophy, ethics, theology.

    Sterilization

    • Sterilization: Termination of the ability to produce
    offspring.
    – Elective: Voluntary sterilization.
    – Therapeutic: Performed to preserve life or

    health.
    – Eugenic: Involuntary sterilization.

    • Described in statutes
    • Mentally deficient
    • Feeble-minded

  • Negligent Sterilization
  • The improper performance of sterilization can
    result in lawsuits based on such theories as
    wrongful birth, wrongful life, and wrongful
    conception.

    W
    r
    o
    n
    g
    f
    u
    l

    B
    i
    r
    t
    h

    A claim that but for a breach of duty by the
    defendant(s) (e.g., improper sterilization), the child
    would not have been born.

  • Wrongful Life
  • Wrongful life claims are initiated by the parent(s) or
    child based on harm suffered as a result of being
    born.

  • Wrongful Conception
  • • A claim by parents of unexpected child based on
    allegation that conception resulted from a
    – Negligent sterilization procedure
    – Defective contraceptive device

  • Artificial Insemination (1 of 2)
  • • Injection of seminal fluid into a woman to induce
    pregnancy.

    • Homologous artificial insemination
    – Semen of spouse used to impregnate

    • Heterologous artificial insemination
    – Semen from donor other than husband

  • Artificial Insemination (2 of 2)
  • • Consent
    • Confidentiality

    Surrogacy

    • Method of reproduction whereby a woman
    agrees to give birth to a child for another party.

    • Surrogate may be
    – Child’s genetic mother
    – Gestational carrier

  • Surrogacy: Ethical and Legal Issues
  • • Legal right to enter a surrogacy contract
    • Parental rights of the commissioning couple
    • Long-term effects of surrogacy contracts
    • Psychological impact on child

  • Organ Donations (1 of 2)
  • • Federal regulations require:
    – Protocols regarding an organization’s organ

    procurement responsibilities
    – Specific notification duties
    – Requirements informing families of potential

    donors
    – Sensitivity in dealing with families
    – Educating hospital staff on organ donation
    – Timely donation and transplantation

  • Organ Donations (2 of 2)
  • • Uniform Anatomical Gift Act adopted in 50
    states.

    • Provisions for making available, acceptance,
    and use of anatomic gifts.

    • Who lives? Who dies? Who decides?
    • Failure to obtain consent.
    • Altruism vs. sale of organs.

    Research, Experimentation,
    and Clinical Trials (1 of 2)

    • Ethical principles
    – Respect for person
    – Beneficence

    • Hippocratic Oath: Physicians act to benefit
    patients

  • Justice
  • – Autonomy

    Research, Experimentation,
    and Clinical Trials (2 of 2)

    • Right to try experimental drugs
    • Office of Research Integrity
    • Food and Drug Administration
    • Institutional review board
    • Informed consent
    • Experimental subject’s Bill of Rights
    • Patient responsibilities
    • The Cures Act

    Justice

    • Each person to be treated equally.
    • How should each person be treated?

    – According to need?
    – According to value to society (societal

    contribution)?
    – According to merit?

    Nuremberg Code and
    Declaration of Helsinki

    • International code of ethics that governs human
    research.

    • Result of Nazi medical atrocities.
    • Requires human subjects be fully informed.

  • Federal Regulations
  • • The federal government controls experiments
    involving:
    – Drugs
    – Medical devices
    – Medical procedures

  • Conducting Clinical Trials
  • • Organization must provide for:
    – Education in ethical decision-making
    – Nurse participation in ethical decision-making
    – Ongoing monitoring of approved protocols

  • Institutional Review Board
  • • Federal regulations require a hospital-based
    institutional review board (IRB).

    • IRB functions:
    – Review proposed research studies.
    – Approve protocols for research.
    – Conduct research oversight.

  • Informed Consent (1 of 2)
  • • Organization must:
    – Disclose risks, benefits, and treatment

    alternatives.
    – Determine competency of patient consent.
    – Obtain written consent from patient.

  • Informed Consent (2 of 2)
  • • Organization must:
    – Disclose treatment costs.
    – Educate staff on

    • Potential side effects of treatments.
    • Implementation of protocols.
    • Monitoring of protocols.

  • Human Genetics
  • • The study of inheritance as it occurs in human
    beings. It includes:
    – Stem cell research
    – Clinical genetics

    • Genetic disease markers
    – Molecular genetics

    Genetic Information
    Nondiscrimination Act (1 of 2)

    • Law prohibits discrimination on basis of genetic
    information with respect to the availability of
    health insurance and employment.

    • Prohibits group health plans and insurers from
    denying coverage to a healthy individual based
    on genetic predisposition to develop a specific
    disease.

    Genetic Information
    Nondiscrimination Act (2 of 2)

    • Prohibits employers from using genetic
    information when making hiring, firing, job
    placement, or promotion decisions.

  • Genetic Markers
  • • A genetic marker is a gene or DNA sequence
    that has a known location on a chromosome and
    can be associated with a particular gene or trait.

    • Genetic markers can identify certain diseases.

  • Stem Cell Research
  • • Use of embryonic stem cells to create organs
    and various body tissues.

    • Highly controversial issue generally involving
    religious beliefs.

    • Fears as to how far scientists might go in their
    attempts to create.

    AIDS

    • Deadliest epidemic in human history.
    • First case appeared in literature in 1981.
    • More than 21 million people have died from

    AIDS.
    • Is caused by human immunodeficiency virus

    (HIV).
    • HIV is highly contagious bloodborne virus.
    • Destroys body’s capacity to ward off bacteria.

  • Spread of AIDS
  • • Body fluids
    – Vaginal secretions
    – Semen
    – Breast milk

    • Blood transfusions
    • AIDS and Healthcare workers

    Confidentiality: Disclosure of
    Physician’s HIV Status

    A physician cut his hand with a scalpel while he
    was assisting another physician. Because of the
    uncertainty that blood had been transferred from
    Doe’s hand wound to the patient through an open
    surgical incision, he agreed to have a blood test for
    HIV. His blood tested positive for HIV and he
    withdrew himself from participation in further
    surgical procedures.

    • Discuss the ethical and legal issues.

  • Confidentiality: Ethical Issues
  • • Physician’s right to privacy versus patient’s right
    to know.

    • Utilitarianism
    – Advocates the greatest good for the greatest

    number
    • Conscientiousness

    – A person who has moral integrity and a strict
    regard for doing the right thing

  • Confidentiality: Legal Decision
  • Failure to notify the patients at risk could result
    in the spread of the HIV virus to other
    noninfected individuals through sexual contact
    and through exposure to other body fluids. Doe’s
    name was not revealed to the patients, only the
    fact that a resident physician who participated in
    their care had tested HIV-positive. “No principle
    is more deeply embedded in the law than that
    expressed in the maxim Salus populi suprema
    lex . . . (the welfare of the people is the supreme
    law).”

  • AIDS Education
  • • Provide educational materials for patients and
    staff.
    – CDC

    • Universal protocols.
    • Strictly adhere to handwashing protocols.
    • Safely handle all body fluids.

    – Adhere to OSHA requirements.

  • Review Questions (1 of 5)
  • 1. Discuss under what circumstances ethical
    dilemmas arise.

    2. Discuss the controversy over the Supreme
    Court decision in Roe v. Wade.

    3. What ethical principles surround the abortion
    issue? Discuss these principles.

    4. Do you agree that individual states should be
    able to impose reasonable restrictions or
    waiting periods on women seeking abortions?
    Who should determine what is reasonable?

    5. Should a married woman be allowed to abort
    without her husband’s consent?

    6. Discuss the arguments for and against partial
    birth abortions.

    7. Why is the medical issue of abortion an
    example of legislating morality?

    8. What is artificial insemination? What questions
    should be asked when considering artificial
    insemination?

  • Review Questions (2 of 5)
  • 9. Discuss the importance of organ donations.

    10.Describe the ethical considerations that should
    be addressed before conducting research on
    human subjects.

    11.Why is it important that written consent be
    obtained from each patient who participates in
    a clinical trial?

    12.What is sterilization, as discussed in this
    chapter? Do you agree that eugenic
    sterilization should be allowed? Explain your
    answer.

  • Review Questions (3 of 5)
  • 13.Describe the distinctions among wrongful birth,
    wrongful life, and wrongful conception.

    14.Discuss the moral dilemmas of these concepts.

    15.Describe the controversy over surrogacy.

    16.Discuss why there is controversy over genetic
    markers and stem cell research.

    17.What is AIDS, and how is it spread?

  • Review Questions (4 of 5)
  • 18.Discuss the controversy that can occur when
    considering a patient’s right to know whether a
    caregiver has AIDS and the caregiver’s right to
    privacy and confidentiality.

  • Review Questions (5 of 5)
    • Chapter 2

    • Quote
    • Learning Objectives (1 of 2)

      Learning Objectives (2 of 2)

      Ethical Dilemmas

      Noteworthy Historical Events (1 of 11)

      Noteworthy Historical Events (2 of 11)

      Noteworthy Historical Events (4 of 11)

      Noteworthy Historical Events (5 of 11)

      Noteworthy Historical Events (6 of 11)

      Noteworthy Historical Events (7 of 11)

      Noteworthy Historical Events (8 of 11)

      Noteworthy Historical Events (9 of 11)

      Noteworthy Historical Events (10 of 11)

      Noteworthy Historical Events (11 of 11)

      Abortion

      Abortion: Ethical and Legal Issues (1 of 6)

      Abortion: Ethical and Legal Issues (2 of 6)

      Abortion: Ethical and Legal Issues (3 of 6)

      Abortion: Ethical and Legal Issues (4 of 6)

      Abortion: Ethical and Legal Issues (5 of 6)

      Abortion: Ethical and Legal Issues (6 of 6)

    • Abortion U.S. Supreme Court Decisions
    • Woman’s Right to Privacy Roe v. Wade (1973)
    • Abortion Restrictions Struck Down

      Abortion: Funding Issues

      Abortion: Spousal Consent

      Abortion: Parental Consent

      Abortion: Informed Consent

    • States May Protect Fetus Colautti v. Franklin (1979)
    • Slide 31
    • Slide 32
    • Slide 33
    • Partial Birth Abortion Ban Unconstitutional
    • Texas Restrictions on Women’s Rights Violated U.S. Constitution
    • State Abortion Statutes: South Carolina

      Abortion: Law and Morality

      Sterilization

      Negligent Sterilization

    • Wrongful Birth
    • Wrongful Life

      Wrongful Conception

      Artificial Insemination (1 of 2)

      Artificial Insemination (2 of 2)

      Surrogacy

      Surrogacy: Ethical and Legal Issues

      Organ Donations (1 of 2)

      Organ Donations (2 of 2)

    • Research, Experimentation, and Clinical Trials (1 of 2)
    • Research, Experimentation, and Clinical Trials (2 of 2)
    • Justice

    • Nuremberg Code and Declaration of Helsinki
    • Federal Regulations

      Conducting Clinical Trials

      Institutional Review Board

      Informed Consent (1 of 2)

      Informed Consent (2 of 2)

      Human Genetics

    • Genetic Information Nondiscrimination Act (1 of 2)
    • Genetic Information Nondiscrimination Act (2 of 2)
    • Genetic Markers

      Stem Cell Research

      AIDS

      Spread of AIDS

    • Confidentiality: Disclosure of Physician’s HIV Status
    • Confidentiality: Ethical Issues

      Confidentiality: Legal Decision

      AIDS Education

      Review Questions (1 of 5)

      Review Questions (2 of 5)

      Review Questions (3 of 5)

      Review Questions (4 of 5)

      Review Questions (5 of 5)

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