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3.principles of ethics in medical practice in ethiopia

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  1. 1. 6/15/20151 1. Principles of ethics in medical practice in Ethiopia 2. Principles of Ethics for Health Officers in Ethiopia 3. Patients Right & Responsibility
  2. 2. 6/15/20152 Principles of ethics in medical practice in Ethiopia
  3. 3. 6/15/20153 What should be the relation between physician and community? In what conditions the physician has the right to refuse to attend a patient? What is the importance of being sympathetic during rendering a service? What is abortion? What are the criteria to perform abortion according to our country law?
  4. 4. 6/15/20154 What is medical secrecy? What is informed consent? How do we handle secrete information of the patient? In what condition we disclose secret information of the patient? What is Obligation of health personnel?
  5. 5. Physician- patient and physician- community relationship 6/15/20155 13 articles Art1 rendering service to the individual and the community with full respect for life and the dignity of man. Art2 -maximum possible care, devotion and conscientiousness to his patient. Respect the dignity of his her patient and sympathetic friendly and helpful.
  6. 6. 6/15/20156 Art3 -practice without discrimination Art4- Help patient the family and the whole community in the prevention of disease Art5 -Cooperate with the public authorities in the prevention of disease. Art6 -use of every opportunity to teach the patient and his family the prevention of disease and promotion of health.
  7. 7. 6/15/20157 Art7 in case of emergency the physician shall extend all possible assistance to the patient without fail. Art8 in the event of public danger the physician shall not abandon patients. Art9 the physician shall do nothing wasteful or without justification for the health of the individual or the community. Art10 -shall be the defender of the child when he/she judges the health of the child isnt well protected.
  8. 8. 6/15/20158 Art 11 obliged to consult colleagues when it is necessary to do so, and shall inform the patient and/or his relatives about the consultations. Art12 Has the right to refuse to attend a patient on reasonable grounds except in emergency situations, If a. The patient will have adequate care b. A colleague will replace him/her c. All necessary information will be conveyed to the replacing colleague. Art13 the physician patient relationship shall not be used as a means of developing intimacy.
  9. 9. 6/15/20159 Every health professional have a duty to render service to his community with full respect to human life and dignity of man, even though there are public dangers. If you refuse to render your assistance, you punished according to the revised criminal code 2004 of our country, which is stated in article 420 and 537
  10. 10. Art420 of criminal code:- Crimes Committed in Dereliction of Duty. 6/15/201510 1. Any public servant who fails to carry out his duties in a proper manner and to the prejudice of State, public or private interest, is punishable with fine not exceeding 1,000 Birr or simple imprisonment not exceeding six months. 2. Where substantial damage has resulted from the crime, both simple imprisonment and fine may be increased up to the general legal maximum.
  11. 11. Art 537 of criminal code:- Refusal to Provide Medical Assistance 6/15/201511 Any health professional lawfully entitled to render professional attention and care, who, contrary to his duty and without just cause refuses to provide his services in a case of serious need, whether from indifference, selfishness, cupidity, hatred or contempt or any other similar motive, is punishable with fine, or, where the crime is repeated, with simple imprisonment not exceeding six months.
  12. 12. The physician as a professional 6/15/201512 Art15 the responsibility of the physician shall be strictly personal. Art 18 the physician shall use recognized scientific methods in his/her practice Art 19 the physician shall not administer unjustified treatment
  13. 13. Medical secrecy 6/15/201513 Medical secrecy is secret information of the patient that should not be out of the patient. Any health professional including students found with physician have obligation to medical secrecy. Art20 shall maintain his her professional secrecy in respect for all matters except in those situations clearly stipulated by the law or when the patient gives written consent for the release of information.
  14. 14. Medical secrecy. 6/15/201514 Art 21 in case of minors and unconscious patients physician may reveal professional secret to the patients relatives when such a revelation would serve for the cure of the patient. Art 22 -See to it that persons working with him/her respect medical secrecy. Art23 -Not disclose the identification of patient in scientific publications or lectures unless there is a written consent of the patient.
  15. 15. 6/15/201515 Art399- Breaches of Professional Secrecy. 1. Medical personnel, who disclose a secret, are punishable, upon complaint, with simple imprisonment or fine. 2. Students, probationers or apprentices who disclose a secret, which they have learned in the course of their professional training, are liable to the punishment prescribed under sub article (1) above. 3. Where the breach is committed negligently, it is punishable, upon complaint, with fine not exceeding 1000 Birr or simple imprisonment not exceeding 1 year.
  16. 16. 6/15/201516 Secrete information of the patient is disclosed only under the following conditions; If it is clearly stipulated by the law. If the patient give written consent for the release of the information If the information released is important for the health the patient especially in case of minors, unsound mind or un conscious patients.
  17. 17. Art 400- Authorized Disclosure. 6/15/201517 1. Any disclosure shall not be punishable: where it is made with the express consent of the person interested in keeping the secret; where, at the suggestion or request of the possessor of the secret, the competent higher professional or supervisory body has given its written permission for disclosure. where it is made ff an express decision of a Court of justice in a specific case; or Where special provisions of the law permit or impose the duty, in the interests of public order, to give evidence before a Court of justice or to inform a public authority.
  18. 18. Art 400.. 6/15/201518 2. Where law, by a Court of justice or by the competent authority, expressly orders disclosure the possessor of the secret cannot invoke his professional obligation to maintain secrecy. The secrecy of religious confession is at all times inviolable.
  19. 19. Patients informed consent 6/15/201519 Art 24 it is the duty of the physician to inform the patient about the treatment (including surgical procedures) obliged to obtain a written consent of the patient before carrying out procedures in the case of minors or persons who are unconscious, the necessary consent should be surrogates. Article 25 on legitimate grounds, left to the discretion of the physician information about serious diagnoses and/or prognosis may be withheld unless the patient demands it. However, it is desirable to inform the nearest relative when the outcome is likely to be unfavorable.
  20. 20. 6/15/201520 Torture and punishment Art26 Not participate in the practice of torture or other cruel, inhuman or degrading procedures. The physician shall not provide premises instruments substances or knowledge to facilitate the practice of torture. Certificates, prescriptions and signatures Art 27 any document or certificate issued by the physician bear legible name and signature. .
  21. 21. 6/15/201521 Art28 the issuance of a tendentious report or a false certificate is unethical. Art29 upon request of the patient or legal authorities the physician shall issue certificate Art30 Formulate his prescriptions with the necessary clarity. The patient or family have well understood prescription.
  22. 22. Art387- Issuing False Medical Certificate. 6/15/201522 1. Any health professionally to issue certificates of a medical nature who makes out a certificate which is untrue and calculated to procure an unlawful advantage for, or to injure the legitimate interests of, another person, knowing that such certificate will be used, is punishable with simple imprisonment or fine 2. Where the false certificate has been issued for a consideration, a promise of a consideration, or other benefit, the punishment shall be rigorous imprisonment not exceeding ten years and fine not exceeding 50,000 Birr
  23. 23. 6/15/201523 3. Where the person who has made the false medical certificate is a public servant and has acted in his official capacity, the punishment shall be simple imprisonment for not less than 3 yrs, or, where the case is serious, rigorous imprisonment not exceeding 10 yrs in respect of a crime under sub-art (1); and rigorous imprisonment not exceeding 15 yrs and fine not exceeding 100,000 Birr in respect of a crime under sub-art(2). 4. Whoever knowingly makes use of a false certificate to deceive another is punishable with the penalty prescribed under sub- article (1) of this Art.
  24. 24. Undisclosed gain 6/15/201524 Art31 it is unethical to accept any indirect gain based on a principle of dichotomy or undisclosed division of professional fees for a medical act such as for prescriptions of drugs laboratory investigations, appliance etc. with a medical partnership publicly known to exist. Art32 complicity intended to get directly or indirectly any material benefit is forbidden between physicians themselves, and between physicians and other health workers and between physicians and any other person. Art33 the physician shall not allow a patient to obtain illegal or unjustified gains.
  25. 25. Advertisement and publicity 6/15/201525 Art34 the physician in his/her practice shall avoid direct or indirect self advertisement. Art35 the physician shall not use his/her mandate or administrative position in order to promote his/her practice. Art36 the physician shall conduct himself herself in a loyal, fraternal and courteous way towards other members of his/her profession.
  26. 26. 6/15/201526 Art37 Never discredit the acts or words of a colleague except where immoral words or acts directly harmful to the health of a patient or the community. No tolerance to disparage (Criticize) if immoral. Art38 disputes b/n members of the medical profession, must be resolved quickly and amicably within the profession itself. If this fails the dispute shall be brought before the body administering this code of medical ethics.
  27. 27. 6/15/201527 Art39 a consulted physician shall not take over the managing of the patient without the knowledge of the regular attending physician. Art40 it shall be the duty and privileges of every physician to attend free of charge any sick colleague or his dependents.
  28. 28. Supervisory role of the physician 6/15/201528 Article 41 the physician shall not allow any medical student to take direct responsibility of patient care. Article 42 the physician shall closely supervise the intern in carrying out his duties and responsibilities.
  29. 29. Mind and behavior control 6/15/201529 Article 1 a) The patient must be given necessary information even if complex, in order he reaches a decision about whether to accept or refuse the recommended psychotropic drug. b) In the case of the patient who is capable of comprehending the information given to him about psychotropic drugs, the patients right to refuse treatment must be respected. c) When the patient is regarded as too disordered to arrive at informed judgments, the physician/ psychiatrist can assume the duty to prescribe the medication he/she considers necessary for clinical needs, but it should be properly documented.
  30. 30. 6/15/201530 Art2 in cases of social deviance it is unethical to use psychotropic drugs as chemical restraint as a form of social control or as punitive measures in psychiatric hospital, prison practices or elsewhere. Art3 in the treatment of addicts suffering from withdrawal symptoms, appropriate care and support must be provided without discrimination.
  31. 31. 6/15/201531 Art5 it is the duty of the physician to explain the mode and the program of behavioral psychotherapy to the patient and the patient must give his consent. Art6 aversion treatment may be used after full interdisciplinary discussion and after obtaining written consent from the patient. Art7 psychiatrists at times may find it necessary in order to protect the patient or the community from imminent danger to reveal confidential information discussed by the patient.
  32. 32. Abortion 6/15/201532 Abortion is the termination of pregnancy before fetal viability, which is conventionally taken to be less than 28 weeks from the last normal menstrual period (LNMP). If the LNMP is not known, a birth weight of less than 1000gm is considered as abortion. Abortion is most likely to be in the 2nd or 3rd month, when the woman is sure she is pregnant ,before other people have noticed it.
  33. 33. Abortion 6/15/201533 Art1 the first moral principal imposed upon the physician is respect for human life from its beginning. Art2 an abortion is justifiable only when it is performed for the purpose of saving the endangered life or health of a women. Art3 abortion is justifiable if performed by a physician in health institutions where appropriate facilities are available.
  34. 34. Abortion 6/15/201534 Art 4 it is mandatory to treat a patient who is suffering from the effect of a criminal abortion induced by another person. Art5 the physician must never disclose the cause of his patients condition to anyone else without the consent of the patient unless ordered to do so in court law. Article 6 a criminal abortion leading to death should be reported to the concerned authorities by the treating physician.
  35. 35. 6/15/201535 Art551 Penal Code: allows termination of pregnancy under the ff conditions: 1. Termination of pregnancy by a recognized medical institution within the period permitted by the profession is not punishable where: a. The pregnancy is a result of rape or incest; or b. The continuation of the pregnancy endangers the life/health of the mother or the child. c. The fetus has an incurable and serious deformity;
  36. 36. 6/15/201536 d. The pregnant woman, owing to a physical or mental deficiency she suffers from or her minority is physically as well as mentally unfit to bring up the child. 2. In the case of grave and imminent danger, this can be averted only by an immediate intervention; an act of terminating pregnancy in accordance with the provisions of Article75 of this Code is not punishable.
  37. 37. Art545 of criminal code. - Principle 6/15/201537 The intentional termination of a pregnancy, at whatever stage or however effected, is punishable according to the following provisions, except as otherwise provided under Article 551. The nature and extent of the punishment given for intentional abortion shall be determined according to whether it is procured by the pregnant woman herself or by another, and in the latter case according to whether or not the pregnant woman gave her consent.
  38. 38. Art546- Abortion Procured by the Pregnant Woman 6/15/201538 A pregnant woman who intentionally procures her own abortion is punishable with simple imprisonment. Any other person who procured for her the means of, or aids her in the abortion, shall be punishable as a principal criminal or an accomplice, with simple imprisonment.
  39. 39. Art548- Aggravated Cases. 6/15/201539 In cases where the crime is committed by a person who has no proper medical profession, the punishment shall be simple imprisonment for not