COLLEGE OF THE HOLY CROSS

Department of Philosophy

MEDICAL ETHICS

Fall 2001

Course Number: PHIL 250­01

Time and Place: Tuesday, Thursday, 2:00-3:15; Stein

Professor: Father Wm. E. Stempsey, S.J., M.D., Ph.D.

Office: Smith

Phone: 793-2469

Office Hours: Mon. 10:00-11:30; Tues. 3:30-4:30; Thurs. 3:30-4:30; other times by appointment.

Virtual Office Hours: E-mail: wstempsey@holycross.edu

Web Site: http://sterling.holycross.edu/departments/philosophy/wstempse

Course Description:

This course will examine topics of current interest in medical ethics and the role moral philosophy plays in public debate about controversial issues. The aim is to help students think, speak and write clearly about these issues. We will begin with a discussion of moral justification and an overview of ethical theory. We will then consider such issues as the foundations of the physician-patient relationship, end-of-life issues, contraception, abortion and prenatal diagnosis, assisted reproductive technologies and genetics, human experimentation and justice in the distribution of health care. Class sessions will focus on discussion of cases and assigned readings.

Required Texts:

Arras, J.D. and Steinbock, B. Ethical Issues in Modern Medicine, 5th ed. [E]

Pojman, L.P. Moral Philosophy, 2nd ed. [M]

Thomas, J. and Waluchow, W. Well and Good, 3rd ed. [W]

Weston, A. A Rulebook for Arguments, 3rd ed. [R]

Course Requirements and Evaluation:

The premise of this course is that we all learn from each other. Class discussion plays a major role in helping us to learn. Everyone’s participation is essential for the success of the class, and so attendance in class is mandatory. It is expected that assigned readings will be completed for each class, as this is essential for intelligent participation. There will be a midterm examination, which will count for 20% of the course grade, and a final examination, which will count for 30% of the course grade. Two papers of 5-7 pages will each count for 20%, and class participation will count for 10% of the final grade.

Class Schedule:

8/28: Introduction; Doing Philosophy

8/30: Doing Philosophy; The Nature of Ethics I [Weston, A Rulebook for Arguments (R xi-18); Pojman, "What is Moral Philosophy?" (M xi-xvi); Plato, The Republic (M 1-18); Arras, Steinbock and London, "Moral Reasoning in the Medical Context" (E 1-8)]

9/4: Doing Philosophy; The Nature of Ethics II [Weston, A Rulebook for Arguments (R 19-39); Thomas and Waluchow, "Introduction: Ethical Resources for Decision-Making" (W 1-16); Pojman, "A Defense of Ethical Objectivism" (M 38-52)]

9/6: Writing Philosophy; The Nature of Ethics III [Weston, A Rulebook for Arguments, 53-78); Plato, The Republic (M 53-61; 104-112)]

9/11: Overview of Ethical Theories [Arras, Steinbock and London, "Moral Reasoning in the Medical Context" (E 8-40); Thomas and Waluchow, "Five Ethical Theories" (W 6-49)]

9/13: Physician-Patient Relationship [Case 1:1 When Physician and Family Disagree (W 61-67); Veatch, "The Dying Cancer Patient" (E 51-55); The Hippocratic Oath (E 55); Lund, "The Doctor, the Patient, and the Truth" (E 56-58); Goldman, "The Refutation of Medical Paternalism" (E 59-67); Emanuel and Emanuel, "Four Models of the Physician-Patient Relationship" (E 67-76); Mill, Utilitarianism (M 141-146)]

9/18: Informed Consent [Case: Arras, Antihypertensives and the Risk of Impotence: A Case Study in Informed Consent (E 85-86); Arato v. Avedon (E 77-84); Katz, "Informed Consent—Must It Remain a Fairy Tale?" (E 86-94); Brody, "Transparency: Informed Consent in Primary Care" (E 94-100)]

9/20: Professional Responsibility and Managed Care [Case: The HMO Physician’s Duty to Cut Costs (E 109); Levinsky, "The Doctor’s Master" (E 100-103); Christensen, "Ethically Important Distinctions Among Managed Care Organizations" (E 103-108); Morreim, "Fiscal Scarcity and the Inevitability of Bedside Budget Balancing" (E 109-115); Hall, "Informed Consent to Rationing Decisions" (E 115-122); Applebaum, "Must We Forgo Informed Consent to Control Health Care Costs? (E 122-126); Williams, "A Critique of Utilitarianism" (M 168-178)]

9/25: Definition of Death [Case 8:5 The Brain Dead As Teaching Materials (W 200-208); President’s Commission, "Defining Death" (E 143-151); Veatch, "The Impending Collapse of the Whole-Brain Definition of Death" (E 152-160); Truog, "Is It Time to Abandon Brain Death?" 160-169)]

9/27: Refusing Treatment [Case: Dax’s Case (E 187-194); Tennessee Dept. of Human Services v. Northern (E 170-177); Buchanan and Brock, "Deciding for Others: Competency" (E 177-187); Kant "The Foundations of Ethics" (M 194-213)]

10/2: Advance Directives [Case: in Eisendrath and Jonsen; Eisendrath and Jonsen, "The Living Will: Help or Hindrance?" (E 194-201); Annas, "The Health Care Proxy and the Living Will" (E 201-205); Cantor, "Testing the Limits of Prospective Autonomy: Five Scenarios" (E 205-206); In the Matter of Conroy (E 207-216); Aristotle, "Virtue Ethics (M 249-259)]

10/4: MIDTERM EXAMINATION

10/9: COLUMBUS DAY. NO CLASS

10/11: Surrogate Decision-Making [Case: in Arras; Arras, "The Severely Demented, Minimally Functional Patient: An Ethical Analysis" (E 216-224); U.S. Bishops’ Pro-Life Committee, "Nutrition and Hydration: Moral and Pastoral Reflections" (E 224-231); Dresser and Robertson "Quality of Life and Non-Treatment Decisions for Incompetent Patients: A Critique of the Orthodox Approach" (E 231-242); Rhoden, "The Limits of Legal Objectivity" (E 243-250)]

10/16: Euthanasia and Physician-Assisted Suicide [Case 8:1 Don’t Let My Mother Die; Case 8:2 Please Let Me Die (W 175-182); N.Y. State Task Force on Life and the Law, "The Distinction Between Refusing Medical Treatment and Suicide" (E 266-273); Arras, "Physician-Assisted Suicide: A Tragic View" (E 274-280): Battin, "Euthanasia: The Way We Do It, The Way They Do It" (E 280-292); Pellegrino, "Doctors Must Not Kill" (on library reserve)]

10/18: Abortion [Case 3:1 Should Fetuses With "Milder Defects" be Aborted? (W 93-99); Pope John Paul II, "The Unspeakable Crime of Abortion" (E 330-332); Thomson, "A Defense of Abortion" (E 332-341); Warren, "On the Moral and Legal Status of Abortion" (E 342-352); Marquis, "Why Abortion is Immoral" (E 352-360); Sherwin, "Abortion: A Feminist Perspective" (E 360-366); Callahan, "A Case for Pro-Life Feminism" (E 366-375)]

10/23: Procreative Autonomy and Responsibility [Case: in Steinbock; Steinbock, "The McCaughey Septuplets: Medical Miracle or Gambling With Fertility Drugs?" (E 375-377); Rothman, "Prenatal Diagnosis" (E 378-384); Asch, "Can Aborting ‘Imperfect’ Children Be Immoral?" (E 384-388); Steinbock and McClamrock, "When Is Birth Unfair to the Child?" (E 388-397); Brock, "The Non-Identity Problem and Genetic Harms—The Case of Wrongful Handicaps" (E 397-401)]

10/25: FIRST PAPER DUE. Assisted Reproductive Technologies [Case 4:1 Difficulties with Therapeutic Donor Insemination (W 107-114); Robertson, "The Presumptive Primacy of Procreative Liberty" (E 415-425); Congregation for the Doctrine of the Faith, "Instruction on Respect for Human Life in Its Origin and on the Dignity of Procreation" (E 425-434); Warren, "IVF and Women’s Interests: An Analysis of Feminist Concerns" (E 434-444); Thomas Aquinas, "Natural Law" (M 21-32)]

10/30: Surrogate Mothers [Case 4:2 The Legality and Morality of Surrogate Motherhood (W 115-121); Rothman, "On ‘Surrogacy’" (E 445-452); Steinbock, "Surrogate Motherhood as Prenatal Adoption" (E 452-460); Murray, "Families, the Marketplace, and Values" (E 460-470); Charo, "And Baby Makes Three—or Four, or Five, or Six: Redefining the Family After the Reprotech Revolution" (E 470-481)]

11/1: Cloning and Genetic Issues [Case: Should We Clone Human Beings?; NBAC, "Executive Summary: Cloning Human Beings" (E 481-484); Brock, "Cloning Human Beings: An Assessment of the Ethical Issues Pro and Con" (E 484-496); Kass, "The Wisdom of Repugnance" (E 496-510)]

11/6: Genetic Screening and Testing [Case: The Price of Silence (on library reserve); Wilfond and Fost, "The Introduction of Cystic Fibrosis Carrier Screening into Clinical Practice: Policy Considerations" (E 510-521); Schüklenk, et al., "The Ethics of Genetic Research on Sexual Orientation" (E 522-530)]

11/8: Human Experimentation [Case 5:2 Research Involving Alzheimer Patients (W 129-138); Veatch, "‘Experimental’ Pregnancy" (E 544-546); Brandt, "Racism and Research: The Case of the Tuskegee Syphilis Study" (E 547-557); Donagan, "Informed Consent to Experimentation" (E 560-565); The Nuremburg Code (E 565-566); Declaration of Helsinki (E 566-568); Markman, "Ethical Difficulties with Randomized Clinical Trials Involving Cancer Patients" (E 569-572); Hellman and Hellman, "Of Mice but Not Men: Problems of the Clinical Trial" (E 572-577); Freedman, "A Response to a Purported Ethical Difficulty with Randomized Clinical Trials Involving Cancer Patients" (E 577-580)]

11/13: Access to Experimental Therapies [Case 7:1 A Baboon Heart for Baby Fae (W 157-162); Levine, "Changing Views of Justice after Belmont: AIDS and the Inclusion of ‘Vulnerable’ Subjects" (E 581-589); Lurie and Wolfe, "Unethical Trials of Interventions to Reduce Perinatal Transmission of the Human Immunodeficiency Virus in Developing Countries" (E 589-594); Varmus and Satcher, "Ethical Complexities of Conducting Research in Developing Countries" (E 594-597); CIOMS and WHO, "International Ethical Guidelines for Biomedical Research Involving Human Subjects" (E 597-601); Appelbaum, "Drug-Free Research in Schizophrenia: An Overview of the Controversy" (E 601-606); Katz, "The UCLA Schizophrenia Relapse Study" (E 607-613)]

11/15: SECOND PAPER DUE. Justice and Health Care I [Case: My Conscience, Your Money (on library reserve); President’s Commission, "An Ethical Framework for Access to Health Care" (E 630-638); Daniels, "Equal Opportunity and Health Care" (E 639-641); Engelhardt, "Freedom and Moral Diversity: The Moral Failures of Health Care in the Welfare State" (E 642-651); Hobbes, from Leviathan (M 62-71)]

11/20: Justice and Health Care II [Case 9:1 Dialysis Machine Shortages: Who Shall Live? (W 215-221); Callahan, "Aging and the Ends of Medicine" (E 652-658); Cassel, "The Limits of Setting Limits" (E 658-662); Daniels, "Is the Oregon Rationing Plan Fair?" (E 663-669); Moss and Siegler, "Should Alcoholics Compete Equally for Liver Transplantation?" (E 669-674); Cohen, et al., "Alcoholics and Liver Transplantation" (E 675-679); Fleck, "Just Caring: Managed Care and Protease Inhibitors" (E 679-686); Wright, "The Coverage of Happiness: When Prozac Meets Universal Coverage" (E 693-698)]

11/22: THANKSGIVING. NO CLASS

11/27: Justice and Health Care III [Case 9:2 Budget Cutting in Neonatology and Perinatology (W 222-230); Eddy, "The Individual v. Society: Resolving the Conflict" (E 699-706); Harris, "QALYfying the Value of Life" (E 706-714); Menzel, "Prior Consent to Rationing: Minimizing the Ethical Costs" (E 715-724); Childress, "Fairness in the Allocation and Delivery of Health Care: A Case Study in Organ Transplantation (E 724-735); Veatch, "Equality, Justice, and Rightness in Allocating Health Care: A Response to James Childress" (E 735-740)]

11/29: Review

FINAL EXAMINATION AT TIME DETERMINED BY COLLEGE REGISTRAR: Friday, December 7, 2:30 p.m.