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Bioethics in Nursing Practice

ETHICAL ASPECTS OF NURSING PRINCIPLE OF AUTONOMY


Morals Autonomy
 Based on norms of conduct about right or wrong  Self- governing
 Society’s moral codes guide what people ought to do  Freedom to make choices about issues that affect
 Professional codes such as the code of ethics for one’s life
nurses, communicate the goals and ideals of the  Respect for persons; unique and valuable members of
profession the society
 Free to choose and implement one’s own decision,
Ethics free from lies, restraint or coercion
 Science of ideals – what a person should do because it
is the right thing to do  This principle assumes rational thinking on the part of
the individual and may be challenged when the rights
Morality of others are infringed upon by the individual
 Application of Ethics
* Lies, restraints, coercion = wrong decision
Code of Ethics * No matter what, we must let patients decide for himself
 The “Code of Ethics for Nurses” BON Resolution 220 * Autonomy is NOT absolute.
series 2004
o Provides guidance for carrying out nursing Factors that affect decision:
responsibilities consistent with the ethical o Emotions
obligations of the profession o Time
o If you violate any provisions in terms of the
Code of Ethics, sanctions could be suspension Consider this:
or revocation of license What if the patient wants to do something that will
o Always be on the safe side = respect of the cause harm to him/herself? Under what circumstances can the
person healthcare team intervene?

Professional Code of Ethics Examples:


 Nurses have a contract with society to behave in  Elsa goes to the doctor because she has a vaginal
accordance with rules dictated by society and the discharge. She however refuses to talk about her
nursing profession personal life
 Nurse Practice Acts vs Code of Ethics  Mia, 16, is afraid of injections and hospitals. She has
 Delineates nursing’s moral ideals, provides guidelines acute appendicitis and needs surgery but she refuses
for ethically principled behavior and holds nurses
morally accountable for their actions PATERNALISM
 Deliberate restriction of people’s autonomy by health
Ethical Principles care professionals based on the idea that they know
 Autonomy what’s best for the clients - can be justifiable at times
 Beneficence o Not everything legal is ethical and vice versa
 Non-maleficence  Doing good should take precedence over autonomy
 Veracity
 Confidentiality
 Justice PRINCIPLE OF AUTONOMY
 Fidelity Competent for Decision Making
 18 y/o and above
RESPECT FOR PERSON  Emancipated minor – self- supported, financially
 Most fundamental human right independent
 Foundation of all ethical principles o Female – 18
 Respecting the worth and value of a person o Male – 24 and below – parental consent
 Imago Dei (Created in the Image of God)  Mentally coherent
 “The human person ought to be respected always.” o 90 y/o – depends if mentally competent or
not
 Every human being has an inner worth and inherent o Illiterate – CAN give consent
dignity. These he possesses not because of what he has  Thumb mark and initials are NOT
or what he does but because of what he is: a human used as a signatures
person  For + initials – not allowed
 As a human person, he must be respected regardless o Signed by closest relative,
of the nature of his health problem, social status, patient gives the consent
competence, past actions
 Certain actions may never be done because Consent – immediate family
performing them would constitute a violation against o Adult – Patient, spouse if married, children of
the person’s dignity major age
o Below 18 – Parents, siblings, grandparents
* What we do in the hospital has legal and ethical implications
* Everybody must be treated equally Who gives proxy consent?
* We can be taught ethics but morality is always up to us 1. Durable Power of Attorney
o Designating somebody else to make a
decision for me
o Authorization

University of Santo Tomas – College of Nursing / JSV


Bioethics in Nursing Practice
2. Closest of kin 1. No physical or psychological therapy may be
o Adult – married - spouse, children of major administered without the free and informed consent of
age the patient, or
o Below 18 - parents, grandparents 2. If the patient is incompetent, the person’s legitimate
o No spouse - siblings, uncles/aunts guardian acting for the patient’s benefit and, as far as
possible, in accordance with the patient’s known and
Advance Directives reasonable wishes.
 Definition: an advance declaration by a person of
treatment preferences if he or she is unable to Examples:
communicate his or her wishes.  Mikee’s parents chose her career and the school she is
 Instructions for the future to study in
 Depends on Mikee’s age
 Living Will  Yoly, a 21 year old daughter, is asked to donate her
o Document that tells you what I want in the kidney to her dying mother
future in case I cannot make a decision  Not a violation if voluntarily given
anymore  Leah, a 6year old girl, is asked if she wants her painful
o Both oral and written are acceptable in the tooth pulled out
court of law – needs to be proved  No need to ask for assent

 Durable Power of Attorney Elements of Informed Consent


o Designates somebody else to make the  Disclosure
decision for me in case in the future I cannot o Procedure
make a decision anymore o Reason
o Authorization letter o Risks vs Benefits
o Specific and with proof o Prognosis
 Health Care Proxy o Cost
o Alternatives
The doctor can decide:  Understanding
1. Doctor can act as loco-parentis o Do not use medical jargons
o Substitute parent  Voluntariness
o The doctor knows what’s best for you o Patient if mentally competent
2. If it is a matter of life and death  Competence
3. Court  Consent
o Both oral and written are acceptable in court
o If you want something to be respected, have Nazi Experiments (WWII)
it written  Experiments on twin children in concentration camps
o E.g. Jehovah’s witness 12 years old were created to show the similarities and differences in
the genetics and eugenics of twins, as well as to see if
There are people who die because of their religious beliefs the human body can be unnaturally manipulated.
 They’d rather die than go to hell  Dr. Josef Mengele, who performed experiments on over
 Respect their values 1,500 sets of imprisoned twins, of which fewer than 200
individuals survived the studies.
Examples:  The twins were arranged by age and sex and kept in
 Carlo, 30-year old Jehovah’s Witness is admitted with barracks in between the test, which ranged from the
massive GI bleeding. The attending staff tells him blood injection of different chemicals into the eyes of the
transfusion will save his life. He refuses because his twins to see if it would change their colors to literally
religion does not allow it sewing the twins together in hopes of creating
 Respect autonomy conjoined twins.
 There are people who die because of their
religious beliefs
 Ernie enjoys listening to music. He plays his music loud Hypothermia Experiments
even if his dorm mates are studying  In 1942 the Luftwaffe conducted experiments to learn
 If it causes harm to others, stop the autonomy how to treat hypothermia. One study forced subjects to
endure a tank of ice water for up to three hours
PRINCIPLE OF FREE AND INFORMED CONSENT  Another study placed prisoners naked in the open for
 It is a patient’s right to exercise freedom to make several hours with temperatures below freezing. The
decisions for his/her health. Appropriate and necessary experimenters assessed different ways of rewarming
information are required so that medical protocols and survivors.
management may be done for his interest.
Infected Wounds
Assent  July 1942-Sept 1943- experiments to investigate the
 Approval of the person of anybody below 18 y/o effectiveness of sulfonamide, a synthetic antimicrobial
 Aged 7 - 17 y/o agent, were conducted at Ravensbrück.
 Example: circumcision  Wounds inflicted on the subjects were infected with
bacteria such as Streptococcus, gas gangrene, and
To protect the basic need of every human person for health care tetanus. Circulation of blood was interrupted by tying
and the person’s primary responsibility for his or her own health off blood vessels at both ends of the wound to create a
condition similar to that of a battlefield wound.
Infection was aggravated by forcing wood shavings

University of Santo Tomas – College of Nursing / JSV


Bioethics in Nursing Practice
and ground glass into the wounds. The infection was  Do not the tell the diagnosis to those who are not
treated with sulfonamide and other drugs to determine directly involved – nurse aides and janitors
their effectiveness. o If directly involved – needs to know dx
o If not directly involved – use standard
Tuskegee Syphilis Study precaution
 The Tuskegee Study of Untreated Syphilis in the Negro  No need to mention the dx
Male was a clinical study, conducted between 1932
and 1972 in Tuskegee, Alabama, in which 399 (plus 201 The following are subjects of Confidentiality and should not be
control group without syphilis) poor — and mostly revealed to anyone except for graver cause:
illiterate — African American sharecroppers were 1. Private Secrets
denied treatment for Syphilis. 2. Contractual Secrets
 By the end of the study, only 74 of the test subjects o Secret comes first before the promise to keep
were still alive. Twenty-eight of the men had died the secret
directly of syphilis, 100 were dead of related 3. Professional Secrets
complications, 40 of their wives had been infected, o Understanding at the very start that you will
and 19 of their children had been born with congenital not say anything before the secret comes out
syphilis. Graver Cause:
1. Personal decision
NUREMBERG CODE 2. Reportable cause
 Nuremberg Code (1947)- foundation of all research 3. Legal case
ethics codes
 10 principles Breaches of Confidentiality
 Voluntary consent, results need to be of good to the  Computerization of Medical Records
society, animal experiments 1st, avoid unnecessary  Access to hospital patient charts
physical and mental suffering/ injury, should not be  Patients discussed by colleagues
done if it will cause death/disability
 Risk vs benefits, proper preparations and adequate Mandatory Disclosure
facilities, only on qualified patients, free to end  Communicable disease
participation, researcher must be prepared to  Child is physically abused
terminate experiment at any time o Report even if it is just a suspicion, report to
SOCIAL SERVICES
 Placebo o Evidence of Child Abuse and Neglect
 Practice - NOT acceptable  Bruises in different stages of healing –
 Research - Acceptable as long as with consent “clumsy”
o Black and blue – fresh
BASIC ETHICAL PRINCIPLES o Yellowish - healing
 Respect for Persons  Bruises under the clothing
o Respect for autonomy and protection of  Frequent hospitalization
persons with diminished autonomy  Child is guarded – withdraws from
touch
 Beneficence and Non-maleficence  Quiet when parents are around but
o Maximize benefits and minimize harm talkative when only healthcare
providers are around
 Justice  Failure to thrive
o Equitable distribution of both burdens and  Child is sexually abused
benefits of research o Familiar with vulgar/ sex language
o Inspect perianal area
MEDICAL RESEARCH  Abusers do not usually penetrate the
Declaration of Helskinski (1964, 1975, 1983, 1989, 1996, 2000, vagina because it is easily detected
2008) by police/ hospital
 Developed by WMA - guidance to research not  They usually penetrate the rectal
present in Nuremberg Code; for doctors doing research area
on their patients  Vulnerable adults
o Elderly
Belmont Report (1976) o Mental incapacity
 Medical and Behavioral Research Example:
 Practice vs Research A 30-year old married man consults a physician
complaining about his difficulty in urinating. He attributes this to
what he had taken five days ago when he attended a
PRINCIPLE OF CONFIDENTIALITY
convention. After examinations of his blood and urine, he was
 Requires the non-disclosure of private or secret
told that he has Gonorrhea. He was afraid that his wife might
information with which one is entrusted
discover it. So he told the Doctor not to tell anyone, including his
 ICN (2000) - “ the nurse holds in confidence personal
wife for fear the she might leave him. He loves his wife and
information and uses judgment in sharing this
family. The wife however, after a week, asks the doctor as to the
information”
condition of her husband because she was a bit worried why her
 An important component of autonomy - maintains
husband does not want to make love with her. If you are the
dignity and respect for the person
doctor, should you confide to the wife about her husband’s
condition knowing that you know the obligation attached to the
Principle of Confidentiality?

University of Santo Tomas – College of Nursing / JSV


Bioethics in Nursing Practice
PRINCIPLE OF BENEFICENCE AND NON-MALEFICENCE  Ben has a urethral secretion, which reveals gonorrhea.
Clara, the clinic nurse on duty, is a good friend of Fe,
* If stated in a positive manner, BENEFICENCE Ben’s wife. Fe asks Clara for the result of the test
* If stated in a negative manner, NON-MALEFICENCE
 Avoid, prevent, not
Case:
Nino, a 52-year old male is in coma in the ICU with a
Healthcare Worker duties in Patient Care: massive inoperable intracranial bleed. His attending physician
1. Duty to do or promote good orders IV fluid, medications, intubation and respirator support. He
2. Duty to remove or prevent evil or harm. talks to the family to inform them of the poor prognosis and
probability the patient is going to die in 1 week. The wife insists
that all aggressive measures be done. She has 7 children but no
BENEFICENCE means of support. What should the doctor do?
 Duty to actively do good for patients
 Primary goal of healthcare is to do good for patients A. Do as the wife insists
under their care B. If treatment is useless and impose excessive burden,
recommend stopping the tx
Consider this: C. Transfer the patient to another MD
 Deciding what interventions should be provided for D. Transfer patient to the Service ward
patients when some of those interventions may cause
pain PRINCIPLE OF PROPORTIONALITY
 Burn clients receiving mafenide acetate  Do all available means have to be used all the time?
o Give analgesics prior to wound care  How long these means should be used?
o Stinging sensation when applied  Is treatment effective?
 Will it impose unacceptable burden?

This principle may create a duty when the law doesn’t - Doing Euthanasia & Assisted Suicide
something out of duty at times  Orthothanasia – letting the incurably diseased person
 Often conflicts with the principle of autonomy “die his own death’ while making no extra efforts to
 Beneficent act: A nurse prevents a patient from acting prolong his life.
on suicidal impulses  Passive Euthanasia – refraining of any medical
 Good Samaritan Act treatment aimed at retarding death
 Active Euthanasia – terminating a person’s life in a
Examples: painless way, at his request & with the intention to
 Mon, a so-so swimmer, sees Marco drowning prevent person from suffering
 Jay brings her lunch to school every day. One day, she
saw a thin boy watching her eat. The boy extends his  Withholding treatment is an act of omission while
hands asking for food withdrawing treatment is an act of commission.
 Treatment is not only in terms of medications but also
Non-Maleficence utilization of equipment, intubation, ventilators and
 Duty to prevent or Avoid Harm Whether Intentional or feeding tubes
Unintentional
 Does not mean avoidance of harm altogether… PRINCIPLE OF BENEFICENCE AND NON-MALEFICENCE
avoidance of harm unless the action promises a (Patient Benefit and Avoidance of Harm)
greater good Prologue of Hippocratic Oath
 Different issues on euthanasia, withholding and “I will use treatment to help the sick according to my
withdrawing treatment and the use of artificial nutrition ability and judgment, but will never use it to injure or
and hydration wrong them.”
JUSTICE
Consider this:  The duty to treat all patients fairly
 Is it harmful to accept an assignment to “float” to an  Equal treatment of equal cases and equal distribution
unfamiliar area that requires administration of of benefits - no discrimination on the basis of sex, race,
unfamiliar medications? religion, age and socioeconomic status
 Is it acceptable to refuse an assignment?  Involves allocation of scarce and expensive health
care resources
 Go but choose patients that you could handle Triage
 Only do something within your capability  Medical screening of patients to determine their priority
 General Rule: If what you did is what a prudent nurse of treatment
have done in the same situation, you are covered –  Colors
Nursing Jurisprudence o Red
o Yellow
o Green
Examples: o Black
 Tony has AIDS. He is bedridden and emaciated. He asks
the doctor to give him medicine to end his life Finite Resources
 Perla has a lump in the breast. When she consults at a  Limited fund, medical supplies, healthcare services
public hospital, the doctor asks 8 medical students to
feel the lump The needs of everyone, even if it’s due, cannot all be served

University of Santo Tomas – College of Nursing / JSV


Bioethics in Nursing Practice
VERACITY
 Duty to tell the truth
 Fundamental to the development and continuance of
trust among human beings - truth telling, integrity and
honesty

Consider this:
 Is lying to a patient ever justified? If a patient finds out
that you have lied to them, will they have reason to
trust you?

FIDELITY
 Obligation of an individual to be faithful to
commitments to him/herself and also to others
 Main support for the concept of accountability
 Keeping information confidential and maintaining
privacy and trust

Consider this:
To whom to do we owe fidelity? Who has the right to
access patient medical records? When should we “blow the
whistle” on unsafe staffing patterns?

 Have continuing education – Professional Development


 Patient’s record – about the patient but owned by the
hospital
o Doctor’s permission
o Medical records’ permission

Case:
The parents of 9-year old Kevin who is suffering from a
metastatic bone cancer request that the child not be told of the
illness. Should the attending doctor comply?

Dr. E. Kubler Ross, the question:


 “Should we tell the child?”

Should not be an issue, rather we should ask:


 “How do I share this with the patient?”

A. The physician should comply


B. Parents should have full decision control
C. The physician knows what is the best for the child
D. Parents should be allowed considerable time to
accept seriousness of child’s condition and to be
honest to their children

ETHICAL PRINCIPLES AND NURSING CARE


• Respect for human life in all stages
• Safe, competent and compassionate care
• Cooperation with fellow-workers
• Responsible management of resources

University of Santo Tomas – College of Nursing / JSV

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