Brownfield v. Daniel Freeman Marina Hospital

Question 1: What are the ethical considerations of this issue?
The ethical considerations of this issue, is the responsibility of the hospital to provide all the relevant information concerning access to emergency contraceptives, for rape and sexual assault victims. Brownfield’s defense supports the idea that emergency contraceptives, Plan B, and oral synthetic hormones are the most common form of emergency contraceptives, and this information must be given to the victim upon her request. These contraceptives are called the “morning after pill or plan B”.

Question 2: What are the legal considerations of this issue?
Some legal considerations are the Principles of Informed Consent. This principle allows a competent individual to advance his or her own welfare. The rights, responsibility are performed freely and willingly to consent, or the refusal of consent based on recommended medical procedures, such as the benefits, burdens and risks involved. Informed consent is based on;
(a). Adequate disclosure of information
(b). Patient’s freedom of choice
(c) Patient’s understanding of information an
(d) Patient’s ability for decision making.

By meeting these requirements, three necessary conditions are satisfied that is; the individual’s decision is voluntary, the individual is fully aware of the circumstances, the individual’s choice is deliberate in so far as the patient has carefully considered all of the expected benefits, burdens, risk and reasonable alternatives. (“Ethical issues consent”, - 2012). This becomes a matter of legal concern when the Principles of Informed Consent can be proven that the victim was not given such information, or allowed to exercise this principle.
Supporters of this act argue that emergency contraception reduces the risk of a potential pregnancy and does not represent an abortion. A group specifically formed to make sure access to emergency contraception for rape, incest, and domestic violence victims, state that victims of sexual assault should have access to the best available treatment. Other's stressed the importance of giving victims of sexual assault medically, accurate and unbiased information and the choice to prevent an unintended pregnancy. Even though the American Medical Association’s medically accepted standard of care includes administering emergency contraception, only some hospitals unconditionally provide emergency contraception to rape victims.

Question 3: What ethical concepts and principles apply to this issue?
Access to emergency contraception has been heavily debated issue, because there has to be a balance between protecting healthcare providers’ religious and moral beliefs on one hand, and providing a uniform standard of care and maintaining patients’ rights on the other. This principle gives a significant approach to the analysis of ethical questions arising from the general obligation to preserve human life, and the limits of that obligation.
Other questions the principle addresses is, whether the forgoing of life-sustaining treatment constitutes a physician-assisted suicide in certain circumstances and it guides individuals and surrogate decision-makers in the weighing of benefits and burdens.

4. If you were a judge in the Brownfield v. Daniel Freeman Marina Hospital case, would you agree with the other judge’s decisions? How would you justify this decision to the hospital or the rape victims?

I am in agreement with the judge’s decision against the Catholic hospital for wrong doing. This wrong approach by the hospital truly justifies the beliefs that providers, regardless of their own religious beliefs have to perform their duty. Their duty is to provide care for their patients as well as provide information and access to treatment that they may not agree with. The goal of a hospital is to protect and promote the well-being of the people they serve. Due to the sensitivity of this case, they were unethical and negligent in their reasoning.
The Hippocratic Oath is taken by physicians and other healthcare professionals swearing to practice medicine ethically and in this circumstance, the hospital broke the oath and delivered a practice that was not in accordance with the rules. A raped victim should be treated as a person with needs that requires prompt intervention and treatment.