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Ethical Considerations Project1. Read the assigned article, “Informed Consent for Emergency Contraception:Variability in Hospital Care of Rape Victims.”2. Review the Brownfield v. Daniel Freeman Marina Hospital case summary. (Below)3. Review Essay Requirements. (Below)Brownfield v. Daniel Freeman Marina HospitalAscension Health (2007) Brownfield v. Daniel Freeman Marina Hospital. Retrieved November 28, 2008 from this 1989 federal appellate court case, the plaintiff was taken to Freeman Hospital’semergency room after being raped. In response to the patient’s request for information aboutthe morning-after pill, the hospital authorities refused to provide such information, believingthat they could not, on the grounds that it was a Catholic hospital. Specifically, the hospital didnot inform the patient that if she wanted such treatment it must be obtained within 72 hours tobe effective. The court reasoned that a patient has the right to make her own decisionsregarding treatment, and therefore, adequate disclosure of information must be provided so thepatient can make an informed decision. The court concluded that a rape victim who is deniedinformation about access to the morning-after pill may bring a medical malpractice action. Thismeans that liability may arise if the patient can show: 1) that a skilled practitioner would haveprovided such information and access under similar circumstances; 2) that she would haveelected such treatment; and 3) that "damages" (in this case, pregnancy) resulted from thefailure to provide such information. In a footnote to its decision, the court indicated that"access" to such treatment could include transfer of the patient to another medical facility oranother physician.More critical for Catholic-sponsored hospitals, the court also reasoned that the morning-afterpill constitutes the "prevention" rather the than "termination" of pregnancy. It thereforeconcluded that the conscience clause under the state’s abortion statute did not immunize thehospital from liability for failure to refuse to provide such information. However, since humanlife begins at conception (fertilization) and not merely after implantation of the embryo, therelevant moral question from the Catholic perspective is not whether or not there is apregnancy, but whether or not there is another innocent human life to be respected. Those"contraceptive" measures that operate solely through the prevention of implantation aremorally equivalent to abortions in Catholic moral theology, and are therefore impermissibleunder the Ethical and Religious Directives (both then and now). Nevertheless, the court did notaccept this moral distinction as relevant for its ruling.The court ruling itself stated that Catholic Hospitals have the responsibility "to provideinformation concerning, and access to, estrogen prophylaxis for rape victims."Essay Requirements:You are to complete a 1-2 page (12pt Times New Roman font, double spaced) issue analysisthat answers the following questions:1. What are the ethical considerations of this issue?2. What are the legal considerations of this issue?3. What ethical concepts and principles apply to this issue?4. If you were a judge in the Brownfield v. Daniel Freeman Marina Hospital case, wouldyou agree with the other judge’s decisions? How would you justify this decision to thehospital or the rape victims?Your submission is to be a formal, multi-paragraphed essay. While citations and sources arenot required for this paper, if you borrow any information as supporting details, they must becited in proper APA format.


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